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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.

In Tackling the Demand Side of Global Corruption, New U.S. Law Accounts for the Potential Role of Companies
Blog February 12, 2024
Much has been said about the Foreign Extortion Prevention Act that President Biden signed into the law in December 2023, with particular attention given to the corrupt foreign officials who seek bribes from individuals or entities in the United States. By targeting the demand side of bribery, FEPA serves as a complement to the Foreign Corrupt Practices Act (“FCPA”), which targets individuals and companies that pay bribes to foreign government officials…
European Union Approves Global Magnitsky-Style Human Rights Sanctions Regime
Blog December 08, 2020
In a landmark development, the European Union's Foreign Ministers on December 8 approved an “Action Plan on Human Rights and Democracy” that establishes a new mechanism for targeting systematic violators of human rights from any country in the world. The human rights community has colloquially termed the Action Plan “Europe's Global Magnitsky Act”, an homage to the U.S. Global Magnitsky Human Rights Accountability Act that was passed by a wide bipartisan margin in Congress and signed into……
Trump Administration Announces Sanctions Pursuant to the Global Magnitsky Act
Blog December 22, 2017
On December 21, 2017, the Trump Administration released a list of foreign nationals it has identified to be sanctioned in accordance with the Global Magnitsky Human Rights Accountability Act of 2016. In December 2016, we issued a client alert providing an overview of the legislation as it was being passed by Congress.    Based on the Sergei Magnitsky Rule of Law Accountability Act of 2012 – which authorized imposition of sanctions on Russian nationals who grossly violate human rights or……
New FCPA Corporate Enforcement Policy Incentivizes Corporate Voluntary Self-Disclosure and Cooperation
Blog December 21, 2017
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……
Five on Friday – Five Recent Developments that We've Been Watching Closely
Blog November 03, 2017
Its Friday and time for another overview of developments in the field of business and human rights that we've been monitoring. This week's post includes: the formal withdrawal of the United States from the EITI; the passage of the Canadian Magnitsky Act; and the launch of the Investor Alliance for Human Rights. On November 2, the Government of the United States formally withdrew from the Extractive Industries Transparency Initiative (EITI)…
U.S. Government to Release Its National Action Plan on Responsible Business Conduct
Blog December 14, 2016
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…
Compliance Challenge: The Links Between Corruption and Human Trafficking
Blog February 07, 2016
Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K. Modern Slavery Act require such disclosures. In addition, certain U.S. federal contractors are now required to develop detailed compliance plans to address the risks of trafficking associated with the good and services they provide to the U.S…
Five on Friday – Five Recent Developments that We've Been Watching Closely
Blog February 05, 2016
Its Friday and time for another overview of developments in the field of business and human rights that weve been monitoring. This week's post includes: recent developments with regard to a major Alien Tort Statute case; the announcement of a pilot effort to benchmark corporate human rights performance; and a major new report demonstrating the potential links between anti-corruption compliance programs and effort to eradicate labor trafficking in corporate supply chains…
Frequently Asked Questions on the U.S. Governments National Action Plan on Responsible Business Conduct
Blog February 12, 2015
On February 12, the U.S. Department of State released a set of Frequently Asked Questions (FAQs) with regard to the U.S. Governments efforts to develop a National Action Plan on Responsible Business Conduct. The plan is expected to be released by the end of this year. As announced in September, the U.S. Government is working on a National Action Plan to promote and incentivize responsible business conduct…
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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.