On 23 June 2026, the US Supreme Court reversed the Court of Appeals 2023 decision that had allowed proceedings against Cisco System under the Alien Tort Statute (ATS) to proceed. The Court of Appeals’ decision was a ray of light for corporate accountability coming through an almost closed door after several Supreme Court’s rulings issued over the last two decades drastically limiting the possibility to use the ATS. The Supreme Court’s new ruling shuts the door permanently.
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Climate risks fall under the scope of the French Duty of Vigilance Law court says in the case against TotalEnergies
In the first climate lawsuit against a multinational company in France, on 25 June 2026, the Paris civil court (ruling in French) recognised the inclusion of climate risks under the scope of the Duty of vigilance law and ordered TotalEnergies, one of the world largest oil and gas producers, to complement its vigilance plan within 6 months to include as part of its risk mapping scope 3 greenhouse gas emissions (all indirect emissions arising in the company’s value chain, including emissions resulting from the use of the company’s oil and gas products) as well as appropriated measures to mitigate and prevent the company’s impact on the climate.
Read moreCorporate criminal liability: Analysis of the recent landmark ruling against Lafarge for financing terrorism in Syria
In a landmark 526 pages long ruling, the 16th criminal chamber of the Paris civil court found on 13 April 2026 Lafarge S.A, four former top executives, including the CEO, two former security managers and two intermediaries guilty of financing terrorism in the groundbreaking case regarding the payment of over $5 million by Lafarge’s Syrian subsidiary to terrorist groups, including ISIS between 2013 and 2014 to maintain the activity of its cement plant in the surrounding of Aleppo, Syria. The plant whose construction cost $680 million started operating in 2010 (para. 78). The objective for the plant was to supply 30% of Syrian market cement needs (para. 78), competing against Turkish cement industry.
This case is historic in many respects: (1) for the first time a French company has been convicted for financing a terrorist organisation, (2) the parent company has been convicted for financing a terrorist organisation through its subsidiary and (3) two former top executives were sent out to jail immediately after the ruling delivery.
Read moreYves Rocher found liable under the French Duty of Vigilance Law over retaliation against unionised workers in Turkey
On 12 March 2026, the Paris civil court found the French beauty brand Yves Rocher liable for failing in its duty of vigilance regarding its activities in Turkey, specifically anti-unionisation practices. Following a membership campaign launched in January 2018 by the Petrol-Is trade union among the workers of Yves Rocher’s Turkish subsidiary, which led to the recognition of the union representativeness within the subsidiary (157 workers out of 379), in May 2018, a major wave of dismissals was carried out, with 132 employees fired; a retaliation against unionised workers.
In this unprecedent ruling, the court confirmed that the Duty of Vigilance Law applies to the activities of French companies’ subsidiaries operating abroad and ordered the company to compensate some employees. However, due to a restrictive interpretation of an agreement reached between the Turkish subsidiary and employees by the court, most plaintiffs’ claim for compensation was considered inadmissible, highly limiting Yves Rocher’s accountability and access to remedy for claimants.
Read moreFrench Duty of Vigilance Law and the formal notice requirement – 2024 clarifications
Since the adoption of the 2017 Duty of vigilance law, claimants have faced multiple procedural obstacles leading to the dismissal of their cases. In particular, judges have misinterpreted the obligation for claimants to give formal notice to companies prior to filing a complaint, using a flawed interpretation of the legislator’s intention to establish dialogue between companies and their stakeholders. Such misapplication of the law was rightfully overruled by the Paris court of appeal in two key rulings (here and here) on June 18, 2024.
Read moreAlien Tort Statute and Cisco case: Court of Appeal allows proceedings to continue
On July 7, 2023, the US Court of Appeals for the Ninth Circuit ruled that proceedings against Cisco System under the Alien Tort Statute (ATS) can proceed. In this decade long trial, practitioners of Falun Gong – a Chinese religious movement – alleged that they or family members were victims of human rights abuses including torture, arbitrary detention, forced labour, extrajudicial killing and forced disappearance committed by the Chinese Communist Party and Chinese government officials. According to the claimants, the alleged abuses were enabled by technological assistance of Cisco System, a US company which designed, implemented and helped to maintain a surveillance and internal security network (the Golden Shield system) for Chinese officials, greatly enhancing their capacity to identify Falun Gong practitioners and persecute them. In 2011, claimants sued Cisco for aiding and abetting Chinese officials in violation of the ATS.
Read moreCorporate accountability under the French Duty of vigilance law, just an illusion?
On June 1, 2023, Paris civil court dismissed NGOs’ claim brough on the ground of the Duty of vigilance law against Suez regarding its activities in Chile. Once again, the judge considered that claimants did not give proper formal notice. The rationale used and its outcome raises the question of effective corporate accountability five years after the adoption of the law and at the time of EU negotiations on a Directive on human rights and environmental due diligence.
Read moreProceedings against Lafarge for complicity in crimes against humanity can go on says France’s highest judicial court
On September 7, 2021, the French Cour de Cassation (the highest judicial court) overruled (in French) the Paris Court of Appeal decision to dismiss the claim of complicity in crime against humanity against Lafarge. Lafarge’s Syrian subsidiary, more than 98% owned by the French parent company, paid over $5 million to terrorist groups, including ISIS through middlemen between 2013 and 2014 to maintain the activity of its cement plant.
Read morePTTEP Australasia liable for oil spill impacting 15 000 Indonesian farmers
On March 19, 2021, the Federal Court of Australia found in the Sanda v PTTEP Australasia class action case representing over 15 000 Indonesian seaweed farmers, that the oil company breached its duty of care owed to them when suspending and operating an oil well which consequently led to an oil spill in 2009 impacting farmers’ livelihood.
Read moreUK shipping company may owe a duty of care to shipbreaking workers in Bangladesh
On March 10, 2021, the Court of Appeal of England and Wales found in the Begun v Maran case that the claim for damages brought by the widow of a shipbreaking worker killed while working on an oil tanker in a shipyard in Bangladesh against shipping company Maran was not bound to fail as Maran UK may had owed a duty of care to the deceased worker. Considering that most oil tankers are broken up in Bangladesh, this may have important consequences across the shipping industry.
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