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Negotiating with Difficult Clients

Posted: June 25th, 2018

By: Joe Campolo, Esq. email

Whether you’re a business owner, in sales, a provider of professional services, or a member of just about any profession that deals with the public, you’re going to deal with “difficult” clients. I don’t believe that professionals need (or should) give in to an unreasonable client’s every demand. However, we’re operating in a time when a bad Yelp review can tank your business – so it’s important to have the proper tools, training, and support in your negotiation toolkit to successfully navigate uncomfortable interactions with difficult clients.  Here are some strategies I follow as a business owner to keep tough client interactions at bay – and deal with them in a reasonable, productive manner when they happen.

  1. Listen

Often a client lashes out not because he’s a jerk or thinks you don’t know what you’re doing, but because he feels you’re not hearing him. I remember many years ago, a client repeatedly clashed with a colleague of mine who is universally described as brilliant and an expert in his field. After many unpleasant phone calls and tense meetings, we found the source of the problem: the client was frustrated that my colleague hadn’t picked up on how important a particular issue (which my colleague thought was minor) had become to the client. He didn’t care that my colleague was an award-winning lawyer, because he was an award-winning lawyer who wasn’t listening. Finally listening to the client saved the relationship and opened the door to honest communication going forward.

  1. Empower Employees

The quickest way to throw a client relationship in the garbage is to set up roadblocks for them at every turn when dealing with your company. No client wants to hear “Sorry, she’s on vacation, can you call back next Wednesday?” or “That’s not how we do things.” Does that mean that you should give a client the vacationing employee’s cell phone number or change existing policies to avoid a client meltdown? No. But your employees must be empowered to service your clients/customers. If someone working on an active client engagement will be away, for example, she should notify the client and share the contact information for another employee in the office who will (actually) be able to move things forward in her absence. Or, if a customer is upset about an office policy, employees must have the authority to handle the situation – not simply say “I need to talk to the boss, and she’s not here.”

  1. Build Affiliation

Unpleasant interactions with clients and customers decrease when there’s a strong connection between you. But of course, you can’t be best friends with every client – time won’t allow it, and it’s just not realistic. But if you take the time at the start of the relationship to find common ground – “Oh, I also belong to Planet Fitness!” (clearly not an example from my own life) or “I hear you – I just went through the college application process with my daughter” (more like it) – the less likely the relationship will sour if you hit future bumps in the road. Investing a little time now to go beyond talking about the weather and traffic will go a long way.

  1. Consider the Big Picture

Despite your best efforts, you’re still going to run into difficult clients. The key to negotiating with them is to be able to see the bigger picture. If an unreasonable client is demanding a refund or discount that you feel is unjustified, is it better to give in and move on, or dig in your heels and negotiate? The answer depends on the situation, but it’s critical to take a step back and a moment to think about it. The only thing that responding angrily in the heat of the moment will give you is another unpleasant negotiation in the future.

CMM Spotlight: Citrin Cooperman

Posted: June 21st, 2018

Citrin Cooperman logo

If the word “accountant” still brings to mind images of pocket protectors, thick glasses, and – well – nerds typing away on calculators, you haven’t met the team at Citrin Cooperman. If you’ve never heard the terms “accounting firm” and “entrepreneurial drive” in the same sentence, you also haven’t met the team at Citrin Cooperman. And if you’ve never heard of an accounting firm started in NYC with seed money from a legendary rock band, then you’ve definitely never met the team at Citrin Cooperman.

But if you haven’t, you should. Now the 23rd largest CPA firm in the country, Citrin Cooperman has built a major presence as accountants and advisors over the past 38 years, operating 10 offices from Metro DC to Boston (plus an affiliate office in India), with 940 employees, including 40+ of them right here on Long Island. Michael Sabatini, Managing Partner of the Long Island office, recently invited CMM Managing Partner and HIA-LI Board Chairman Joe Campolo to tour the firm’s sleek new space in Melville, where they discussed everything from philanthropy to attracting millennial talent.

Citrin Cooperman has thrived by taking an entrepreneurial approach in helping their clients build their businesses. As Partner Corey Bell explains, “we become part of the client’s team.” Sabatini describes his team as down-to-earth people who care and who make it their mission to deliver value, whether through traditional tax and audit offerings or cybersecurity, valuation, and consulting services, among many others. With nearly a thousand professionals at their fingertips at Citrin Cooperman, clients also enjoy access to someone with the right expertise for their unique issues.

Citrin Cooperman’s sweet spot is servicing privately held family businesses in industries ranging from real estate to healthcare and everything in between – many of whom have outgrown their longtime accountants. Indeed, there’s no shortage of accounting advisors on Long Island, but Citrin Cooperman’s holistic approach – their tagline is “Focus on What Counts” – reflects their emphasis on serving as true business partners.

How does the firm foster this culture in new hires? “The tone is set from the top,” Sabatini says. And while many traditional accounting firms have found it difficult to adapt to changing times, Citrin Cooperman has demonstrated forward-thinking leadership by aggressively courting the millennial workers who represent the future of the firm – and investing in them once they’re on board. The new Melville office is a “millennial-focused space” designed with young people in mind: an open concept office with glass walls and an abundance of natural light. Amenities include an eat-in kitchen with lounge seating, tables and chairs, and large TVs – not to mention a nearby walking trail and a gym complete with a golf simulator in the building.

But more important than these modern features is the firm’s focus on keeping their younger talent engaged and excited. Case in point: rather than spend their days reviewing workpapers in a windowless office, young staff members work with partners on all aspects of the business, meeting face-to-face with clients and learning the ins and outs of their work. “Citrin Cooperman University” offers staff both technical training and culture-building; the office closes on Citrin Cooperman Cares Day for staff to volunteer together, giving time and dollars to the local community. The firm supports employees through wellness programs, flexible scheduling, professional development, women’s leadership training, and even an international exchange program – all of which have grown out of staff feedback, reflecting just how much the employee’s voice matters at Citrin Cooperman.  The firm has also put their relatively new HIA-LI membership to good use, building their Long Island presence and making important new connections that have already joined them as clients or staff.

With the firm’s rapid expansion, their approach to client service and staff investment is clearly paying off. As you walk down the green-accented hallways at Citrin Cooperman, you get the sense that there’s something unique about this accounting firm. As they promise, “Business isn’t boring; your advisor shouldn’t be either.”

Learn more at https://www.citrincooperman.com/.

 

group of people at Citrin Cooperman  Citrin Cooperman conference room sign

Citrin Cooperman partners Corey Bell, Michael Sabatini (Long Island office Managing Partner), and Michael Myers welcome CMM Managing Partner Joe Campolo to their sleek new space in Melville. Next photo: No Conference Room 1 here. The conference room names in Citrin Cooperman’s new office pay homage to beloved Long Island destinations.

 

Citrin Cooperman table  Citrin Cooperman floor

The millennial-friendly, open concept space features many amenities including a kitchen area with lounge seating, tables and chairs, and two big screen TVs. Next photo: The office incorporates the colors of Citrin Cooperman’s logo in unexpected places.

 

group at Citrin Cooperman  Citrin Cooperman sign

Michael Myers, Michael Sabatini, Joe Campolo, Corey Bell, and Michael Feller pose in the lounge area. Next photo: Citrin Cooperman: Focus on what counts.

 

 

The Housing Sector featuring Sal Ferro of Alure Home Improvements and Gwen O’Shea of CDCLI

Posted: June 21st, 2018

We welcomed business leaders from different facets of the housing sector. First, Sal Ferro, President & CEO of Alure Home Improvements, talked about why Long Island is not a side act to our neighbor NYC but a great place to do business in its own right. Sal turned a small painting company into one of the most successful home remodeling companies in the nation and discussed Alure’s role in helping Long Island homeowners invest in their own biggest asset. Next we were joined by Gwen O’Shea, President & CEO of Community Development Corporation of Long Island (CDCLI), a regional nonprofit founded nearly 50 years ago by government, business, and civic leaders to address the growing demand for affordable housing in Nassau and Suffolk Counties. Gwen is a dynamic leader who spoke honestly of the challenges in the quest for affordable housing, but still with optimism for the infusion of funding sources, smart community leaders, and philanthropic businesses all working together on solutions.

July 19 – Middleton Honored with Community Impact Award at East End Arts Gala

Posted: June 19th, 2018

Event Date: July 19th, 2018

Scott Middleton headshotRonkonkoma, NY – Campolo, Middleton & McCormick, a premier law firm with offices in Ronkonkoma and Bridgehampton, is pleased to announce that East End Arts will honor CMM partner Scott D. Middleton with a Community Impact Award at the ARTworks gala on July 19, 2018 at the Suffolk Theater in Riverhead. Middleton was selected based on his work to promote the nonprofit’s core values of leadership, collaboration, access, and education. The Riverhead-based organization has enriched the community through the arts since 1972.

An experienced litigator and founding partner at CMM, Middleton represents businesses, municipalities, and individuals in a wide array of matters including transportation, personal injury, premises liability, labor law, civil rights, wrongful death, and road design, with a particular focus on complex negligence cases. He has also served as Trustee, Mayor, Village Justice, and Village Attorney/Prosecutor for the Incorporated Village of Lake Grove, giving him unique insight into municipal matters.

A lifelong Long Island resident and patron of the arts, Middleton joined the East End Arts board of directors in 2017. He and CMM have supported numerous East End Arts initiatives including JumpstART (artist workshops focusing on the business side of art and culminating in a public art project in downtown Riverhead) and the Teeny Awards (which honor the best of high school theater). In addition to his work with East End Arts, Middleton is also actively involved with Stony Brook University, where serves on the Intercollegiate Athletic Board and volunteers with the Children’s Hospital Task Force. He is also a past President of the Alumni Association and past Adjunct Professor in Political Science.

Conifer Realty and the Salvatico family/Jaral Properties, Inc. will also receive Community Impact Awards at the ARTworks gala, and Grammy nominee Brady Rymer will receive the Excellence in the Arts Award. More information about the event is available here.

 

CMM’s Municipal Litigation Team Prevails in Court on Behalf of St. James Fire District

Posted: June 19th, 2018

In a well-publicized case and in a victory for the St. James Fire District, Campolo, Middleton & McCormick’s municipal litigation team saved the district significant funds by defeating a petition that sought to punish the district for allegedly not complying with a multitude of overlapping, conflicting F.O.I.L. requests.

Between December 2017 and January 2018, Petitioner, attorney Troy Rosasco, made a series of requests to the Fire District, its Board of Commissioners, and its Records Access Officer pursuant to the Freedom of Information Law (F.O.I.L.) for over 40 categories of records spanning years. According to Rosasco, the purpose of his requests was to provide the public with information concerning a proposal to sell the fire district’s 100-year-old firehouse on Route 25A to the St. James Fire Department. (The sale is the subject of a referendum on June 19, 2018.) In March, Rosasco commenced a special proceeding pursuant to Article 78 seeking to compel the Fire District to comply with the requests, as well as pay him costs and fees.

In lieu of answering the petition, CMM’s Patrick McCormick and Richard DeMaio served a motion to dismiss, contending that the petition was moot because the Fire District responded timely under F.O.I.L. to the voluminous requests – and that it did so notwithstanding that Rosasco had made multiple overlapping and duplicative requests with conflicting instructions and modifications. Upon review of CMM’s detailed motion papers, the Supreme Court, Suffolk County (Berland, A.J.S.C.) found that the Fire District responded timely, “notwithstanding the confusion and inconsistencies of position engendered by [Rosasco] and his counsel.” On multiple occasions, the Fire District had produced hundreds of pages of documents responsive to Rosasco’s requests. The Court found that “the Fire District addressed [Rosasco’s] series of broad and complicated requests as soon as each was received and began working on its response to those requests… promptly and diligently.”

This latest victory demonstrates why so many Long Island municipalities turn to CMM for guidance and experienced counsel when facing their most critical disputes. Learn more about our municipal liability practice here and contact us at (631) 738-9100.

The Supremes: Hits and Misses

Posted: June 15th, 2018

By Patrick McCormick and Richard DeMaio

Nine unelected Supreme Court Justices are tasked with deciding the most important issues confronting our country. For better or for worse, we the people are beholden to the jurisprudence of nine politically unaccountable legal minds.  However, the minds of Supreme Court Justices are neither infallible nor uniformly programmed. Justices come to the bench with different backgrounds, biases, methods of analysis, and interpretations of the Constitution. These idiosyncrasies yield the legal decisions that regulate our democratic way of life and reflect the norms, values, and attitudes of society.

Supreme Court decisions are a yardstick to measure society’s progression. Not all that long ago, in many infamous cases, the Supreme Court reached legal conclusions deemed unfathomable today. The Dred Scott decision, Dred Scott v. Sandford, 60 U.S. 393 (1857), held that former slaves even in the “free states” of the North were not free and denied them access to federal courts. In Plessy v. Ferguson, 163 U.S. 537 (1896), the Court declared the doctrine of “separate but equal,” holding that a man that was one-eighth black and seven-eighths white was not permitted to sit in a white-only carriage because he was required to sit in a black-only carriage, which was considered legal “equality.” In Buck v. Bell, 274 U.S. 200 (1927), the Court upheld a statute permitting the compulsory sterilization of intellectually disabled individuals, noting “[t]hree generations of imbeciles are enough.” This opinion was cited by the Nazis a decade later. In Korematsu v. U.S., 323 U.S. 214 (1944), the Court upheld the internment of thousands of Japanese-Americans while Americans of all races were overseas fighting fascism.

It is critical to note that these decisions were the result of deliberations, and not a single one was unanimously decided. Even cases that have been deemed stains on constitutional jurisprudence included prophetic dissents that vigorously fought to uphold the core values of our Constitution: Korematsu v. United States, 323 U.S. at 242 (Murphy, J., dissenting) (“Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States.”); Plessy, 163 U.S. at 559 (Harlan, J., dissenting) (“Our Constitution is color-blind and neither knows nor tolerates classes among citizens.”); Dred Scott, 60 U.S. at 582 (Curtis, J., dissenting) (“[I]t is not true, in point of fact, that the Constitution was made exclusively by the white race. And that it was made exclusively for the white race is . . . contradicted by its opening declaration, that it was ordained and established by the people of the United States.”).

As is often said with regard to the Supreme Court, yesterday’s dissent is tomorrow’s majority opinion. Canonical dissents shape future deliberations as well as public discourse, and are the fuel that keep democracy moving forward. As Justice William O. Douglas stated, that “judges do not agree . . . is a sign that they are dealing with problems on which society itself is divided. It is the democratic way to express dissident views.” Melvin I. Urofsky, Dissent and the Supreme Court: Its Role in the Court’s History and the Nation’s Constitutional Dialogue 220 (2015).

Progress is measuring what was to what is. Thirteen years after Justice Curtis stated the Constitution was not “made exclusively for the white race,” the Civil War amendments were ratified abolishing slavery, guaranteeing equal protection under the law, and ensuring the right to vote. Fifty-eight years after the lone dissenter Justice Harlan pronounced “[o]ur Constitution is color-blind,” the spirit of his dissent was vindicated by the Court’s unanimous decision in Brown v. Bd. of Ed. of Topeka, Shawnee Cty., Kan., 347 U.S. 483 (1954), the death knell to the “separate but equal” doctrine established by Plessy. Some forty years after Justice Murphy’s scathing dissent asserting that the internment of thousands of Japanese-Americans “falls into the ugly abyss of racism,” Congress issued a formal apology and paid reparations.

These progressions reflect the flaws and resiliency of our legal system. The Supreme Court is comprised of nine imperfect citizens encumbered with biases and predispositions that inevitably seep into decisions affecting all aspects of society. Their opinions—whether majorities, concurrences, or dissents—are important and must be analyzed. They encapsulate viewpoints, both the eloquent and the ugly, vital to keep society moving forward. Even one articulate dissent is enough to lay the foundation to change history and the law in the highest court of the land.

The Court is insulated from the political whims of the electorate in that Justices cannot be voted off the bench. However, the Court can and must be held accountable for its decisions through we the people engaging in candid discussion and thoughtful analysis of those decisions. Therefore, in this blog, we’ll be doing our part to explore the decisions (and dissents) that so profoundly impact our society.

New Requirement for Suffolk County Food Service Establishments May Boost Business

Posted: June 14th, 2018

Food allergies are a growing public health concern with approximately 15 million Americans battling each day to avoid an allergic reaction. A food allergy is nothing to sneeze at; it is a life-altering medical condition in which exposure to a certain food triggers an adverse immune response. Allergy sufferers worry about more than a mere stuffy nose, watery eyes, or an itchy rash; allergic reactions can be life-threatening. Each year, 200,000 people in the United States require emergency medical attention for a severe reaction due to food allergies. In an effort to make the dining experience safer for those suffering from food allergies, the Suffolk County Legislature has imposed a new requirement on local food service establishments – and it just may help drive business, too.

Beginning on July 17, 2018, restaurants and food service establishments must include on all menus (including website menus), and menu boards located inside or outside of the establishment, a notice that declares:

Before placing your order, please inform your server if a person in your party has a food allergy.”

The law applies to restaurants, cafeterias, delis, bakeries, ice cream stores, bars/taverns, and food trucks (exempt from the requirement are food service operations at schools, camps, child care facilities/programs, institutional settings, and temporary establishments operated by non-profits).

Restaurants should not view this requirement as a burden, but as a potential boon to business. Many people with food allergies avoid dining out because the majority of food allergy-related deaths are caused by foods consumed outside the home. (By not preparing the food themselves, allergy sufferers may unknowingly consume food that either contained or came in contact with the problem food. Dining out significantly increases the risk, as many people order without inquiring about ingredients or don’t have the medicine available to be treated immediately.) The new law aims to not only increase food safety, but also to increase business by encouraging allergy sufferers to consider dining out and assuaging the concern that food service establishments are unsafe for them.

By demonstrating an understanding of food allergies and a willingness to accommodate the customer’s needs, restaurants and other establishments can help eliminate the fear factor and bring in new customers. Indeed, the Suffolk County Department of Health Services is working on a program where food service establishments are afforded the opportunity to earn the designation “Food Allergy Friendly.” (More details to come.) While poor communication has long stood between the food service industry and those with food allergies, the wheels of change are now in motion.

Please contact us with any compliance questions you may have.

Thank you to John Eyerman for his research and writing contributions to this article.

Société Générale Settles One of the Largest Anti-Corruption Enforcement Actions in History

Posted: June 13th, 2018

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On June 4, 2018, Paris-based financial giant Société Générale agreed to pay the United States and France a total of $860 million in criminal penalties for bribing Libyan officials and manipulating the London InterBank Offered Rate (LIBOR), a global benchmark interest rate.  The bank’s U.S. subsidiary, SGA Société Générale Acceptance N.V., pleaded guilty in the Eastern District of New York relating to the resolution of the Foreign Corrupt Practices Act (FCPA) offenses, which account for $585 million of the overall settlement value.  Aside from its sheer size—ranked as the fifth largest FCPA enforcement action by settlement value—the case marks the first coordinated resolution with French authorities in a foreign bribery case and signals the United States’ increased commitment to working in coordination with other governments to enforce anti-corruption laws around the world.

Like so many FCPA actions, this case involved illegal payments made to government officials through a local broker.  According to the Department of Justice (DOJ), between 2004 and 2009 Société Générale paid bribes through the broker in connection with 14 investments made by Libyan state-owned financial institutions.  In total, the bank paid the broker $90 million, portions of which the broker paid to high-level Libyan officials to secure the investments from state institutions.  The 14 deals were worth an estimated $3.66 billion and netted the bank $525 million.

In addition to the criminal fines, Société Générale will pay $475 million in regulatory penalties and disgorgement to the Commodity Futures Trading Commission (CFTC) in connection with the LIBOR scheme and must adopt and maintain advanced compliance procedures.  When a company enters into a deferred prosecution agreement (DPA), it typically does not have to plead guilty to a charge and the pending charges are dropped after the DPA expires.  However, Société Générale pleaded guilty to a one count criminal information charging conspiracy to violation the anti-bribery provisions of the FCPA.  The DOJ specifically mentioned the bank’s failure to self-disclose the bank’s misconduct as a factor in the terms of the DPA.

The Société Générale case serves as a stern reminder for U.S. businesses to vigilantly police the practices of their overseas personnel and business units and to invest in rigorous compliance programs to help identify and correct anti-corruption risks before they become the subject of an FCPA investigation.

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.

The U.S. Supreme Court Delivers a Death Knell to the Alien Tort Statute

Posted: June 13th, 2018

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On April 24, 2018, Justice Kennedy, writing the plurality opinion in Jesner et al. v. Arab Bank, Plc., 584 U.S. __ (2018), placed what might be the final nail in the coffin of the Alien Tort Statute (ATS).  In Jesner, the Court affirmed the U.S. Court of Appeals for the Second Circuit’s dismissal, which held that aliens cannot sue foreign corporations pursuant to the ATS.  While Jesner certainly is not the highest-profile decision of the October Term, it has a significant impact on the enforcement of international human rights.

The ATS is a little-known U.S. statute enacted as part of the Judiciary Act of 1789.  The ATS provides that “[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.”  28 U.S.C. § 1350.  As was concluded by the Supreme Court in 2004, Congress passed the ATS to provide jurisdiction for violations of the law of nations (i.e. international law) that existed in the late 18th century and listed by Blackstone in his Commentaries on the Laws of England, namely offenses against ambassadors, violations of safe-conducts, and piracy.  However, international law evolves and new rights and duties become codified in international treaties.  Arguably, as time went on, the ATS granted U.S. courts jurisdiction to an ever-growing list of “violations of the law of nations or a treaty of the United States.”

As international law grew, the ATS sat dormant until 1980 when the Second Circuit decided Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980), and international lawyers began to laud the ATS as a legal mechanism to enforce international human rights through tort claims in U.S. courts.  Filartiga involved a teenager from Paraguay who was kidnapped and tortured to death by Pena-Irala, a high-ranking police officer, in retaliation for the family’s political activities.  The family later moved to the United States and applied for political asylum.  Pena-Irala would later move to the United States and be arrested for visa violations.  While in custody, the Filartiga family brought a civil action for wrongful death, arguing that Pena-Irala’s actions violated the U.N. Charter, the Universal Declaration of Human Rights, and other customary international laws.  The Second Circuit upheld a $10 million damages award and the holding was interpreted as granting U.S. courts jurisdiction to decide tort cases for alleged violations of international law that occurred overseas between foreign parties.

In 1995, the Second Circuit issued a ruling against Bosnian Serb politician Radovan Karadzic for his role in the human rights violations in the former Yugoslavia, which for the first time extended the ATS beyond government officials.  The Karadzic decision in turn opened the door for ATS actions against corporations, led by the 1996 case against the oil company UNOCAL for complicity in human rights abuses by the Myanmar government.  Seen as a bell curve, the ATS’ reach as a tool for the enforcement of human rights peaked in the late 1990s and early 2000s and well over 100 ATS actions have been filed against corporations since the Karadzic decision.

Then, in 2004, a Supreme Court more skeptical of the role of customary international law in U.S. courts decided Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), and began to chip away at the breadth and power of the ATS.  Jesner is the Supreme Court’s most significant ATS decision since Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), which held that the ATS does not presumptively apply extraterritorially, and consistent with a Court that is reluctant to extend judicially created private rights of action.

The Jesner petitioners were either injured or the family members of those killed by terrorist acts abroad.  Petitioners alleged that the terrorist acts were in part caused or facilitated by Arab Bank, PLC by allowing the Bank to transfer funds to terrorist organizations in the Middle East, including Hamas.  The attacks at issue occurred between 1995 and 2005 and allegedly involved transactions in U.S. dollars that had moved through the Bank’s New York office.  Petitioners had lost at the district and circuit courts and filed certiorari on the grounds that the Court’s decision in Kiobel left open the question of whether the ATS allows for corporate liability. Justice Kennedy posed the question before the Court as “whether the Judiciary has the authority, in an ATS action, to [] determine[]” if a corporation has liability if its “human agents use the corporation to commit crimes in violation of international laws that protect human rights.”

In answering the question in the negative, Justice Kennedy cited, among other justifications, judicial efficiency and the negative impact to U.S.-Jordanian relations caused by the lawsuit.  The essence of Kennedy’s opinion, however, is that such suits should not be allowed without explicit congressional authorization.  Continuing to apply the reasoning set forth in Sosa, Justice Kennedy was unwilling to state that the allegations against Arab Bank were violations of international norms with “definite content and acceptance among civilized nations” or that the Court “has authority and discretion in an ATS suit to impose liability on a corporation without a specific direction from Congress to do so.”

 Jesner produced a fractured series of concurring and dissenting opinions, treatment of which is beyond the scope of this brief article.  However, the decision may represent the final bottoming out of the ATS bell curve.

The information contained in this article is provided for informational purposes only and is not and should not be construed as legal advice on any subject matter. The firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship.