Business & Human Rights

Multinational corporations face increasing expectations in their overseas treatment of workers, third parties, and other stakeholders. Those expectations are nowhere more visible than in the intersection of business and human rights.

Our lawyers advise companies on the scope and application of the human rights laws and expectations, and defend clients in some of the most prominent Alien Tort Statute (ATS) cases to date. Our practice is worldwide in scope, covering an expansive set of industries and offering clients a broad range of services that include assistance with Corporate Social Responsibility (CSR) programs, preventive advice and counseling, litigation and investigations, and legislative assistance and advice. In serving our clients' needs, Steptoe draws upon the resources of our lawyers in the United States, London, and Brussels who practice in a variety of disciplines, including international trade, compliance & investment, commercial litigation, crisis management, government affairs, and chemical & environmental.

Steptoe lawyers have held prominent positions in the US Department of Justice, the Securities and Exchange Commission, the Department of State, UN criminal tribunals, and other domestic and international bodies. They teach, write, and speak extensively on business and human rights, the ATS, and related areas.

Steptoe's business and human rights team:

Assists clients with their CSR programs
Conducts ATS and human rights risk assessments, audits, and internal investigations
Develops and implements prevention programs
Advises clients with respect to the scope and extent of due diligence, risk mitigation, and audits on partners, consultants, representatives, and other third parties
Counsels and represents buyers and sellers on human rights risks in M&A transactions
Drafts press responses and public statements, and fields inquiries from and coordinates with foreign and domestic government personnel and NGOs regarding related matters
Defends clients facing litigation in this area in state and federal courts, as well as in collateral proceedings involving the US Congress and other US agencies
Counsels clients participating in United Nations complaint dispute procedures
Identifies and supervises counsel in foreign jurisdictions regarding parallel legal matters involving these issues

Noteworthy

Chambers Global

Chambers Global, International Trade/WTO, Global (2008-2022)
Chambers Global, International Trade: Export Controls & Economic Sanctions, US (2019-2022)
Chambers Global, International Trade: Trade Remedies & Trade Policy, US (2020-2022)
Chambers Global, International & Cross-Border Capabilities, International Disputes & Regulation, US (2019-2022)
Chambers Global, International Trade: CFIUS Experts, US (2020-2022)
Chambers Global, International & Cross-Border Disputes (International Firms), China (2021-2022)
Chambers Global, International Trade/WTO (International Firms), China (2019-2022)
Chambers Global, International Trade/WTO, Asia-Pacific Region (2019-2022)
Chambers Global, International Trade/WTO, Europe-wide (2019-2022)
Chambers Global, International Trade/WTO, Europe/Belgium (2008-2017)

Chambers Asia-Pacific & Greater China Region

Chambers Greater China Region, Corporate Investigations/Anti-Corruption (International Firms) (2022)
Chambers Greater China Region, International Trade/WTO (International Firms) (2022)
Chambers Asia-Pacific, International Trade/WTO, Asia-Pacific Region (2009-2023)

Chambers Europe

Chambers Europe, International Trade/WTO, Europe/Belgium (2008-2023)

Chambers USA

Chambers USA, International Trade: CFIUS Experts, Nationwide (2017-2022)
Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2017-2022)
Chambers USA, International Trade: Trade Remedies & Trade Policy, Nationwide (2017-2022)
Chambers USA, International Trade, Nationwide (2005-2016)
Chambers USA, International Arbitration: Enforcement, Nationwide (2022)

Legal 500

Legal 500 US, Dispute Resolution: International Trade (2007-2021)
Legal 500 UK, Dispute Resolution: International Arbitration (2010-2023)
Legal 500 UK, Dispute Resolution: Public International Law (2010-2023)
Legal 500 EMEA, Customs, Trade, WTO & Anti-Dumping, Belgium (2011-2019, 2022)

Law360

Law360, International Trade Group of the Year (2010-2013, 2015, 2019)

Global Arbitration Review

Global Arbitration Review, “International arbitration practice that impressed in the past year,” (2016)
Global Arbitration Review, GAR 100 (2017-2023)

Global Investigations Review

Global Investigations Review (GIR) 100, Top 30 Firms for Investigations Worldwide (2015-2022)

WorldECR

WorldECR, Sanctions Law Firm of the Year, USA (2018, 2021), Sanctions Highly Commended Law Firm, USA (2017);
WorldECR, Export Controls, Law Firm of the Year, USA (2015-2016), Highly Commended Law Firm, USA (2017), Runner-Up Law Firm of the Year, USA (2018)
WorldECR, Sanctions Law Firm of the Year Runner-Up, Rest of the World (2021)

Asia Legal Business

Asia Legal Business, Finalist, China Law Awards, International Firm of the Year: International Trade (2021)
Asia Legal Business, Shortlisted, Hong Kong Awards, Regulation and Investigations Law Firm of the Year (2020)

China Business Law Journal

China Business Law Award, International Trade (2013 - 2022)
China Business Law Award, Corporate Compliance (2019 - 2022)
China Business Law Award, Government and public policy (2022)
China Business Law Award, Anti-Bribery & Compliance (2015, 2018)

China Law & Practice

China Law & Practice, International Firm of the Year: Trade Award (2016, 2018 - 2020, 2022); Shortlisted (2021)
China Law & Practice, Shortlisted, International Firm of the Year: Regulatory & Compliance (2018, 2021 - 2022)

Professionals

Linda C. Bailey

Linda Bailey focuses her practice on civil litigation, with a particular focus on national defense and foreign relations litigation, white-collar criminal defense, appellate, and administrative law....

Of Counsel

Commercial Litigation, Appeals & Advocacy, Regulatory Litigation, White-Collar Defense

Washington, DC
+1 202 429 3907

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Lucinda A. Low

Lucinda Low's practice focuses on transnational dispute resolution, particularly international arbitration, and white-collar defense and compliance matters with an international character, and matters...

Senior Counsel

FCPA/Anti-Corruption, World Bank/IFI Investigations, Anti-Money Laundering, Business & Human Rights

Washington, DC
+1 202 429 8051

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John O'Connor

John O'Connor co-leads Steptoe's Insurance & Reinsurance practice. He is a multifaceted trial lawyer who earnestly defends corporations and law firms in complex, high-dollar commercial disputes and...

Partner

Commercial Litigation, Insurance & Reinsurance, International Arbitration, Government Contracts

Washington, DC
+1 202 429 8095

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Representative Matters

Steptoe served as the counsel of record in:

Ayemou v. Amvac Chem. Corp., 2008 WL 4107286 (9th Cir. 2008), involving ATS claims against foreign banks, charities and nationals.
Abagninin v. Amvac Chem. Corp., 545 F.3d 733 (9th Cir. 2008), involving ATS claims against chemical companies, oil company, agricultural companies, and others
Ibrahim v. Titan Corp., 556 F. Supp.2d 1 (D.D.C. 2007), involving claims by individuals in Iraq
In Re Terrorist Attacks on 9/11, 464 F. Supp. 2d 335 (S.D.N.Y. 2006), involving ATS claims against a financial institution.
Sale v. Titan Corp., 436 F.Supp.2d 55 (D.D.C. 2006), involving claims by former prisoners.
Burnett v. Al Baraka Investment & Development Corp., 274 F. Supp. 2d 86 (D.D.C.), involving ATS claims against foreign banks, charities, and nationals.

Other representative matters include:

Steptoe lawyers have been retained to provide legal and strategic advice to multinational companies during crisis situations. We have worked with company executives and foreign counsel to ensure appropriate and reasonable responses by government police and security forces, and minimize exposure to potential litigation.
Steptoe has been retained by multinational companies to review discrete and systemic scenarios, assess the extant risks of ATS litigation, and devise effective preventive strategies.
Steptoe lawyers have undertaken and overseen internal investigations into physical injuries and deaths that have occurred on or around clients’ premises. That has included fact and information gathering, consultation with forensic experts, advice to management regarding interactions with local governments, and assistance in strategic communications.
Steptoe has represented individual corporate officers in litigation involving ATS claims arising out company relationships and interactions with security forces.