by Christopher C. Horner
July 3, 2003

Audio of panelist presentations is available online.

Please click on the panelist’s name for the audio.

On June 25, the Competitive Enterprise Institute and The Federalist Society sponsored the seminar “Alien Torts: The Risks of Allowing Foreign Citizens to Sue U.S. Companies,” hosted by The National Chamber Litigation Center and the U.S. Chamber of Commerce.

Panelists discussed the implications of the Alien Tort Act (ATA). The ATA, part of the first Judiciary Act of 1789, creates liability risks for firms doing business in other nations. The Act was dormant for almost 200 years, until a 1980 case in which a citizen of Paraguay sued another Paraguayan in U.S. court for a human rights violation that occurred in Paraguay. This opened the door for dozens of lawsuits against U.S. companies operating in other countries. The risks this creates for suppressing global economic growth, foreign direct investment, American leadership in the developing world—and perhaps, most seriously, the rule of law—are great and growing. What might be done to reign in this aberrant policy was the focus of our discussion.

The panelists included:

Christopher C. Horner, Attorney and Senior Fellow, CEI, outlined the ATA policy points raised in his Federalist Society paper on the topic.

Bill Reinsch, President, National Foreign Trade Council, reviewed the foreign commerce implications of the abuse of the ATA.

Marinn Carlson, an associate at the law firm, Sidley Austin Brown & Wood discussed key legal issues being highlighted in amicus briefs filed in ATA cases by a broad coalition of business groups, including the Chamber, NAM, NFTC, USCIB, OFII, and USA*Engage.

Martin Weinstein, Partner, Foley & Lardner, an attorney who represents a number of companies involved in this area, including ExxonMobil, whose ATA case is being heard in federal court in Washington, D.C.

Robin S. Conrad, Senior Vice President, National Chamber Litigation Center, provided opening remarks.

Fred Smith, President, CEI, moderated the discussion.

Q & A Session, Closing, and Thanks