Monthly Archives: July 2011

D.C. Circuit Vacates Proxy Access Rule

On July 22, the D.C. Circuit Court of Appeals vacated Exchange Act Rule 14a-11, the proxy access rule that was approved by the Securities and Exchange Commission ("SEC") in August 2010. The rule sought to provide certain shareholders with the right to nominate corporate directors and have those nominations appear in corporate proxy statements. The rule was originally expected to be effective in November 2010, but it was stayed pending a request for judicial review by the U.S. Chamber of Commerce and the Business Roundtable.… More

John Ruggie to Join Foley Hoag’s Corporate Social Responsibility Practice

Exciting news today!

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Press Release

Author of U.N. Guiding Principles on Business and Human Rights to Join Foley Hoag

John G. Ruggie, U.N. Special Representative for Business and Human Rights, Will Join Corporate Social Responsibility Practice

BOSTON, July 26, 2011 – Foley Hoag LLP will expand its Corporate Social Responsibility Practice with the addition of John G.… More

Seventh Circuit Upholds Corporate Liability Under the Alien Tort Statute

On Monday, July 11, for the second time in four days, a U.S. appellate court issued a decision stating that corporations are proper defendants in cases involving claims under the Alien Tort Statute (“ATS”). The Seventh Circuit Court of Appeals dismissed plaintiffs’ claims in Flomo v. Firestone, but held that “corporate liability is possible” under the ATS.

In a decision written by Circuit Judge Richard Posner,… More

D.C. Circuit Upholds Corporate Liability under the Alien Tort Statute

On July 8, the D.C. Circuit Court of Appeals reinstated a lawsuit brought against Exxon Mobil Corp. (“ExxonMobil”) by Acehnese villagers, alleging that the company and its Indonesian subsidiary are liable for killings, torture, and other human rights abuses committed by the Indonesian military. In a lengthy 2-1 decision, the D.C. Circuit held that companies are proper defendants under the Alien Tort Statute (“ATS”),… More