Posts Tagged ‘Torture Victims Prevention Act’

Kiobel and what it means to U.S. Corporations

March 13, 2012

Based on the developments in Kiobel v. Royal Dutch Petroleum, it is likely that the Supreme Court’s decision in the case may end up turning on the threshold issue of whether US courts are the proper vehicle in which to air extraterritorial grievances.  If this turns out to be the case, the fate of other ATS claims against corporations, particularly those with a US connection, remains unclear.

For example, Du v. Cisco – currently pending in the US District Court in Maryland (11-1538-PJM) – involves allegations by former and current citizens of the People’s Republic of China (PRC) that Cisco was involved in supporting torture and unlawful detention by the Chinese Communist Party based on speech against its government.  Notably, unlike Kiobel, the alleged human rights abuses at issue in Du have a direct connection to the US, in that Cisco, an American corporation, and its technologies are argued to have directly enabled the human rights abuses.

Unlike the murkier “foreign-cubed” scenario at issue in Kiobel, involving Nigerian nationals suing a Dutch company for acts that occurred in Nigeria, the line starts to become clearer in this circumstance.  That is, when US corporations knowingly decide and act to support oppressive and abusive regimes, they must be held accountable when those decisions result in torture and other grave human rights violations.  Further, US corporations in particular must not profit, but instead must be deterred, from such decisions.  Accordingly, in cases where a US connection is clear, the US and its courts should be a leader in upholding the rule of law relating to these blatant abuses of power.

Although the Court seemed skeptical of corporate liability in Kiobel last week, several of them were also uneasy declaring that corporations are not liable for any international law violations—especially those involving piracy and slavery.  Counsel for Royal Dutch Petroleum even admitted that individual corporate directors could be liable under the ATS.  It is, therefore, unlikely, that the Supreme Court’s decision, when it is ultimately issued, will end the Du case—a case against an American corporation and its directors.

If you have any information regarding Cisco’s ongoing support for the Chinese Communist Party’s continued oppression of its citizens, please do not hesitate to contact Daniel Ward.  Any such communications will be kept confidential.

Let Cisco Systems know that their continued and knowing support of the Chinese Communist Party’s efforts to violate the human rights of peaceful political dissidents like Du Daobin, Zhou Yuanzhi, and Liu Xianbin will no longer be tolerated.  Contact your elected representatives — let them know how you feel.  Finally, if you haven’t already done so, sign the Electronic Frontier Foundation’s petition – Tell Cisco: Stop helping China abuse human rights!.

Please visit the Ward & Ward Blog’s new home at http://wardlawdc.com/blog/, where you can find a recap of the Supreme Court Oral Argument in Kiobel v. Royal Dutch Petroleum and all future posts.

We’ve Moved!

March 13, 2012

We have moved our blog.  It can now be found at http://wardlawdc.com/blog/.

We will cross-post for a short period, but if the posts here interest you, please bookmark our new home.

Partner or Collaborator? Corporate Counsel Magazine on Cisco’s Relationship with China

October 20, 2011

The November issue of Corporate Counsel Magazine contains an interesting article on Cisco’s relationship with China, aptly titled “Partner or Collaborator?  Cisco discovers the perils of doing business in China.

The article addresses both the Du v. Cisco and Doe v. Cisco cases, and Cisco’s muted response to the accusations that have been made and substantial evidence support our clients’ claims.  Daniel Ward is quoted extensively about Cisco’s actions and Du v. Cisco:

The writers are represented by Daniel Ward, a partner at Ward & Ward in Washington, D.C., who filed the suit in federal district court in Greenbelt, Maryland. “This wasn’t just Cisco ignorantly selling routers to an oppressive regime and saying, ‘Gee, let’s hope for the best,'” says Ward. “This is them actively marketing themselves as an entity that could help in the Chinese Communist Party’s efforts to oppress dissidents.”

Attorney Ward’s goal is changing the way Cisco and other companies weigh market opportunities. China “is seeking American technological know-how to crush dissent, and those American technology companies know it, but the draw of profits is irresistible to them,” he says.

He believes Yahoo made serious changes as a result of being sued. He hopes the suit against Cisco yields similar results. With Cisco, he says, “our goal is to make that cost-benefit analysis shift.”

As we have stated previously, there is no doubt there is more evidence out there regarding Cisco’s ongoing support of the Chinese Communist Party’s continued oppression of its citizens.  If you have any information, please do not hesitate to contact Daniel Ward.  Any such communications will be kept confidential.

Let Cisco Systems know that their continued and knowing support of the Chinese Communist Party’s efforts to violate the human rights of peaceful political dissidents like Du Daobin, Zhou Yuanzhi, and Liu Xianbin will no longer be tolerated.  Contact your elected representatives — let them know how you feel.  Finally, if you haven’t already done so, sign the Electronic Frontier Foundation’s petition– Tell Cisco: Stop helping China abuse human rights!.

Excellent Reuters article on Du v. Cisco and Doe v. Cisco

September 8, 2011

Sui-Lee Wee has written an excellent and comprehensive article, Insight: Cisco suits on China rights abuses to test legal reach, that provides substantial background and analysis of Cisco’s actions in China, and the legal issues surrounding the current litigation.  In addition to quotes from Daniel Ward (re: Du v. Cisco) and Terri Marsh (re: Doe v. Cisco), the article also quotes Du Daobin and Zhou Yuanzhi, two of the Plaintiffs in Du v. Cisco.  In the article Du states the following:

Du, 48, who was jailed for posting articles under a pseudonym on the Internet criticizing the Chinese Communist Party’s rule, said Western technology companies should not cooperate with a government that violates civil rights.

“This kind of cooperation hurts us as well as the companies’ business,” he said. “The publication of our articles are closely monitored and once they’re published, we will end up in jail.”

Du said he was interrogated by police in early August about the lawsuit, but added that the case was “not only for myself, but also for the freedom of every individual in China, to put an end forever to China’s ‘literary jail.’

As we have stated previously, there is no doubt there is more evidence out there regarding Cisco’s ongoing support of the Chinese Communist Party’s continued oppression of its citizens.  If you have any information, please do not hesitate to contact Daniel Ward.  Any such communications will be kept confidential.

Let Cisco Systems know that their continued and knowing support of the Chinese Communist Party’s efforts to violate the human rights of peaceful political dissidents like Du Daobin, Zhou Yuanzhi, and Liu Xianbin will no longer be tolerated.  Contact your elected representatives — let them know how you feel.  Finally, if you haven’t already done so, sign the Electronic Frontier Foundation’s petition– Tell Cisco: Stop helping China abuse human rights!.

NYT reports new evidence of Cisco’s knowing aid to China re: Golden Shield

September 2, 2011

A Friday evening New York Times article reported that new evidence has been discovered that Cisco Systems, Inc. specifically tailored its products for use by the Chinese Communist Party to monitor and apprehend its citizens.

The Human Rights Law Foundation, an advocacy group involved in Doe v. Cisco, an Alien Tort Statute lawsuit brought against Cisco on behalf of a number of Falun Gong practitioners, announced Friday that it has new evidence that Cisco Systems, Inc. specifically tailored its products for use by the Chinese Communist Party to monitor and apprehend Falun Gong practitioners.

This evidence, if authenticated, would eviscerate Cisco’s position (as stated by their General Counsel, Mark Chandler) that  “Cisco does not supply equipment to China that is customized in any way to facilitate blocking of access or surveillance of users.”  and that “We have never customized our equipment to help the Chinese government—or any government—censor content, track Internet use by individuals or intercept Internet communications.”

There is no doubt there is more evidence out there regarding Cisco’s ongoing support of the Chinese Communist Party’s continued oppression of its citizens.  If you have any information, please do not hesitate to contact Daniel Ward.  Any such communications will be kept confidential.

Let Cisco Systems know that their continued and knowing support of the Chinese Communist Party’s efforts to violate the human rights of peaceful political dissidents like Du Daobin, Zhou Yuanzhi, and Liu Xianbin will no longer be tolerated.   Contact your elected representatives, let them know how you feel.  Finally, if you haven’t already done so, sign the Electronic Frontier Foundation’s petition– Tell Cisco: Stop helping China abuse human rights!.

Electronic Frontier Foundation call to action re: Du Daobin

August 4, 2011

The Electronic Frontier Foundation has taken up the cause of protecting Du Daobin, Zhou Yuanzhi, Liu Xianbin and other Chinese political activists in their efforts to prevent American technology companies (such as Cisco Systems, Inc.) from aiding the Chinese Communist Party in their efforts to suppress political speech.

As I have previously written, Du Daobin was interrogated by Chinese officials this week about his involvement in Daobin v. Cisco, the Human Rights lawsuit currently pending in U.S. District Court in Maryland.  We are very concerned for Mr. Du’s safety, as well as the safety of Zhou Yuanzhi, and Liu Xianbin, the other Plaintiffs named in Daobin v. Cisco.  Their heroic willingness to stand against oppression and injustice, as seen in their willingness to be personally and publicly named as Plaintiffs in Daobin v. Cisco, has brought unwanted attention from the Chinese Communist Party.  The more visible this issue is, the safer they become.  Please take a moment to review the EFF Action Alert and take action.

Our collective action and attention to this matter can prevent any further harm to Du Daobin, Zhou Yuanzhi, and Liu Xianbin.

If you have any questions, please do not hesitate to contact me.

Thank you,

Dan Ward