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Litigating Corporate Human Rights Information

Litigating Corporate Human Rights Information This article analyzes trends in litigation brought against corporate actors regarding human rights information. Such information includes, but is not limited to, statements on packaging claiming that products are “ethically sourced” and investor‐facing disclosures representing that an issuer's operations are environmentally friendly. It proceeds by outlining the sources of human rights‐related disclosures as they arise under both legal and voluntary regimes. The article then addresses the case law. Recent years have seen an increase in lawsuits involving human rights information, or lack thereof, imparted by companies. Consumer protection or consumer fraud cases are being filed, alleging that companies have either provided false and misleading information or omitted information about corporate human rights impacts and mitigation efforts. Investors are filing similar claims. The article examines the trend and considers the role of this litigation both in holding companies to their word and in providing corporate accountability for the underlying human rights abuses that false or misleading human rights information may mask. It ultimately argues that, although success at trial in such cases remains elusive, litigation is a useful and potentially growing tool for holding companies to their word regarding human rights claims. It contextualizes this litigation, arguing that other means by which companies can be held to their word should be strengthened, including public enforcement and—potentially—new disclosure and due diligence laws. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Business Law Journal Wiley

Litigating Corporate Human Rights Information

American Business Law Journal , Volume 60 (1) – Mar 1, 2023

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Publisher
Wiley
Copyright
© 2023 Academy of Legal Studies in Business
ISSN
0002-7766
eISSN
1744-1714
DOI
10.1111/ablj.12220
Publisher site
See Article on Publisher Site

Abstract

This article analyzes trends in litigation brought against corporate actors regarding human rights information. Such information includes, but is not limited to, statements on packaging claiming that products are “ethically sourced” and investor‐facing disclosures representing that an issuer's operations are environmentally friendly. It proceeds by outlining the sources of human rights‐related disclosures as they arise under both legal and voluntary regimes. The article then addresses the case law. Recent years have seen an increase in lawsuits involving human rights information, or lack thereof, imparted by companies. Consumer protection or consumer fraud cases are being filed, alleging that companies have either provided false and misleading information or omitted information about corporate human rights impacts and mitigation efforts. Investors are filing similar claims. The article examines the trend and considers the role of this litigation both in holding companies to their word and in providing corporate accountability for the underlying human rights abuses that false or misleading human rights information may mask. It ultimately argues that, although success at trial in such cases remains elusive, litigation is a useful and potentially growing tool for holding companies to their word regarding human rights claims. It contextualizes this litigation, arguing that other means by which companies can be held to their word should be strengthened, including public enforcement and—potentially—new disclosure and due diligence laws.

Journal

American Business Law JournalWiley

Published: Mar 1, 2023

There are no references for this article.