Neil Popovic, EarthRights International; Paul Hoffman, plaintiffs' counsel, Kiobel v. Royal Dutch Petroleum; David Wallach, trial Counsel for chevron, Bowoto v. Chevron; Kristin Myles, lead counsel for ADM, Doe v. Nestlé
The Supreme Court may affirm the Second Circuit decision in Kiobel v. Royal Dutch Petroleum that corporations cannot be held liable under the Alien Tort Statue (ATS), and possibly also rule that the ATS cannot be applied extraterritorially, but the emerging consensus is that, even without the ATS, plaintiffs will find ways to prosecute their claims. Will they turn to foreign or international tribunals? Will they find a vehicle for their claims in state or federal court? How will the changed landscape affect ethical issues that confront human rights attorneys?