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This piece of content is part of multiple stories. We recommend you read this content in the context of one of the following stories:

Jesner v. Arab Bank: The Supreme Court Should Not Miss the Opportunity to Clarify the “Touch and Concern” Test

Author: John Bellinger & Andy Wang, Arnold & Porter Kaye Scholer LLP, on Lawfare Blog (USA), Published on: 10 October 2017

In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Statute (ATS) is presumed not to apply to conduct on the territory of another country unless the plaintiff’s claims “touch and concern” the United States with sufficient force to overcome that presumption…Although Jesner primarily raises the issue of corporate liability under the ATS (left unresolved in Kiobel), it gives the court an opportunity to clarify the touch and concern standard. In this post, we review the pending ATS cases, the arguments advanced by the plaintiffs and defendants over “touch and concern” in the lower courts, and how they may arise in Jesner…

Read the full post here