When the U.S. Supreme Court considered whether corporations could be held liable for human rights abuses under the Alien Tort Statute, O’Melveny & Myers’ Jonathan Hacker had a different issue in mind. The statute, he argued in a cert petition filed in a separate case on behalf of his client Rio Tinto Group, didn’t even apply when the atrocities occurred in other countries. He repeated the argument in an amicus brief filed in a separate case, Kiobel v. Royal Dutch Petroleum Co. "We had argued the broader issue, and we thought it was the kind of issue the court would be interested in as a way to limit the ATS," Hacker said.
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