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Global Business & Human Rights

Our Global Business & Human Rights blog features nuanced discussion regarding the responsibilities of multinational companies, governments and multilateral institutions towards sustainability, with a particular focus on international human rights.

Developments in International Investment Law Herald Enhanced CSR Obligations for Investors
Blog May 17, 2018
Developments in International Investment Law Herald Enhanced CSR Obligations for Investors
The protection of a company's investments abroad could soon be linked to that company's compliance with its CSR obligations. This is what the new Dutch draft model bilateral investment treaty (BIT) heralds. If other countries adopt the Netherlands' approach, then international arbitration tribunals hearing claims that investors bring against foreign governments may also scrutinize the investors' CSR track record. CSR obligations are most relevant to the compensation a tribunal can award……
New FCPA Corporate Enforcement Policy Incentivizes Corporate Voluntary Self-Disclosure and Cooperation
Blog December 21, 2017
New FCPA Corporate Enforcement Policy Incentivizes Corporate Voluntary Self-Disclosure and Cooperation
Under the new FCPA Corporate Enforcement Policy recently released by the Department of Justice (DOJ), when a company has voluntarily self-disclosed misconduct, fully cooperated in the government's ensuing investigation, and appropriately remediated the situation and made restitution or otherwise disgorged all illicit profits, there is a now an express presumption – absent certain identified aggravating factors – that DOJ will affirmatively decline to prosecute the company. This new Policy……
Forced Labor and North Korean Workers: New Concerns for Importers
Blog November 21, 2017
Forced Labor and North Korean Workers: New Concerns for Importers
In Washington, D.C., the news this week focused on President Trumps decision to designate (or redesignate) North Korea as a state sponsor of terrorism. For companies importing goods into the United States, developments this past August are likely to have more immediate impact. On August 2, the United States enacted amendments to the North Korea Sanctions and Policy Enhancement Act of 2016. The amendments create a presumption that goods made by North Korean citizens or nationals…
D.C. District Court Determines that Dakota Access Environmental Assessment was Inadequate
Blog June 19, 2017
D.C. District Court Determines that Dakota Access Environmental Assessment was Inadequate
On June 14, 2017, the District Court for the District of Columbia issued a decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. The Court found that the Army Corps of Engineers (“the Corps”) had not adequately considered several issues in its environmental assessment (“EA”) for the Dakota Access Pipeline, and that therefore the Corps' decision-making was arbitrary and capricious. The EA was undertaken pursuant to the National Environmental Policy Act (“NEPA”)…
Foley Hoag Releases Summary Report on Good Practices for Oil Pipelines, as Commissioned by the Dakota Access Consortium of Lenders
Blog May 10, 2017
Foley Hoag Releases Summary Report on Good Practices for Oil Pipelines, as Commissioned by the Dakota Access Consortium of Lenders
On May 9, we released a public summary of our report Good Practice for Managing the Social Impacts of Oil Pipelines in the United States. A copy of the public summary of the report is available here. The independent report was prepared by Amy Lehr, Cicely Parseghian, and Gare Smith…
The SEC and the Conflict Minerals Rule: What You Need to Know about the Latest Developments
Blog April 20, 2017
The SEC and the Conflict Minerals Rule: What You Need to Know about the Latest Developments
It is clear that Michael Piwowar, Acting Chairman of the Securities Exchange Commission (SEC) is not a fan of the conflict minerals rule. Earlier this month, the Acting Chairman and the Division of Corporation Finance released two statements regarding rule, both of which clearly state that the regulation will not be an enforcement priority. By way of background, the statements were published after long-running litigation regarding the conflict minerals rule finally reached a formal……
The Fall of Section 1504: Congress Votes to Repeal the Revenue Transparency Rule
Blog February 04, 2017
The Fall of Section 1504: Congress Votes to Repeal the Revenue Transparency Rule
Congress passed a joint resolution this week expressing its disapproval of the revenue transparency rule issued last June by the Securities and Exchange Commission. The rule, issued pursuant to Section 1504 of the Dodd-Frank Act, required extractive sector companies (oil, gas, and mining) to disclose the payments that they make to governments for the commercial development of oil, gas, or minerals. President Trump is expected to sign the joint resolution…
U.S. Government to Release Its National Action Plan on Responsible Business Conduct
Blog December 14, 2016
U.S. Government to Release Its National Action Plan on Responsible Business Conduct
On Friday, December 16, the Government of the United States will release its long-awaited National Action Plan on Responsible Business Conduct. A livestream of the launch event, which will be held at 11 a.m. ET, can be accessed here. First announced by President Obama in September 2014, the plan is expected to focus on ways in which the U.S…
Five on Friday – Five Recent Developments that We've Been Watching Closely (Special Post-Election Edition)
Blog November 18, 2016
Five on Friday – Five Recent Developments that We've Been Watching Closely (Special Post-Election Edition)
It's Friday and time for an overview of developments in the field of business and human rights that we've been monitoring. This weeks post is focused entirely on responses to the recent election of Donald Trump as the next President of the United States. This weeks post includes: the potential for changes to legislation and regulation related to the human rights impacts of business activity; private sector support for continued U.S…
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ABOUT

Foley Hoag’s Global Business and Human Rights practice provides counsel to multinational companies, governments, and multilateral institutions regarding social, political, and environmental challenges.

Our advice to clients encompasses legal and reputational risk management with respect to human rights, including labor rights and the rights of indigenous peoples; the design and implementation of stakeholder engagement programs; and professional auditing services, ranging from due diligence desk-top analyses to on-the-ground human rights impact assessments and the monitoring of social, human rights, and environmental initiatives.

In addition, we provide clients with crisis management and mediation services with respect to disputes with impacted communities and stakeholder groups, ranging from indigenous peoples to non-governmental organizations.

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