The U.S. Justice Department is urging the U.S. Supreme Court to shield domestic corporations from liability in the U.S. for alleged violations of international law under the Alien Tort Statute, the opposite of what it argued before the justices just three years ago.

The Justice Department's new position came in a friend-of-the-court brief filed in two pending cases: Nestle USA v. John Doe I and Cargill v. Doe I. The cases stem from a lawsuit brought by former child slaves of Malian origin who claim they were trafficked and forced to work harvesting cacao beans on Ivory Coast plantations, which supplied the beans to Nestle and Cargill Inc. They seek damages for alleged forced labor and torture they suffered as a result of the alleged conduct either caused and/or aided and abetted by the corporations. Their case has been pending since 2006.

In the Supreme Court, Nestle, represented by Hogan Lovells partner Neal Katyal, and Cargill, represented by Mayer Brown partner Andrew Pincus, challenge a decision by the U.S. Court of Appeals for the Ninth Circuit. The appellate court ruled that domestic corporations may be held liable under the 1789 Alien Tort Statute and a cause of action for aiding and abetting a violation of international law existed under the statute.