Understanding Multinational Corporate Liability for Violations of International Law under the US Alien Tort Claims Act

Laney Vazquez, Litigation Attorney, BP America Inc, USA

Over the past 30 years, litigants in the United States have resurrected the long-dormant Alien Tort Statute (ATS) in order to bring civil lawsuits in US federal courts against multinational corporations alleging violations of international law committed abroad. Increasingly, these suits have attempted to hold multinationals liable for human rights atrocities that multinationals, either individually or in concert with or in aid of state actors, are alleged to have committed. This paper seeks to serve as a guide to multinational corporate liability under the ATS. It will analyze the evolution of the jurisprudence under the ATS and the related Torture Victims Protection Act (TVPA), as well as common defenses to claims made under both acts. It will also offer practical advice to in-house practitioners for avoiding legal exposure in the US under both acts, as well as thoughts regarding how the legal landscape may change under the Obama administration.

Laney Vazquez is an attorney with BP America Inc. practicing Commercial Litigation. Laney received her law degree cum laude from the University of Houston Law Center in 1999. Prior to joining BP, Laney practiced as a law firm attorney. Laney serves on the Council of the State Bar of Texas Corporate Counsel Section and as Chair of the Institute for Energy Law's Young Energy Professionals Committee. Laney also has an active pro bono practice and serves as BP's Houston Pro Bono Coordinator.

BP is one of the world's largest energy companies, providing its customers with fuel for transportation, energy for heat and light, retail services and petrochemicals products for everyday items.