On March 13, 2025, the NAM filed an amicus brief urging the U.S. Supreme Court to review and reverse a 9th Circuit decision recognizing aiding and abetting liability under the Alien Tort Statute and Torture Victim Protection Act. In this case, the plaintiffs, practitioners of the Falun Gon religion, allege that Cisco’s technology enabled the Chinese government to commit human rights abuses against them in China and seek to hold Cisco liable for those abuses. The plaintiffs argue that Cisco aided and abetted or conspired with Chinese officials in the human rights abuses in violation of the ATS and TVPA. After the 9th Circuit reversed a trial court dismissal and allowed the claims to proceed, Cisco appealed.
We argue that allowing the 9th Circuit’s decision to stand will harm U.S. businesses’ competitive advantage by subjecting them to sprawling, resource-draining litigation for conduct they had no control over while their foreign competitors are not subject to such claims. Expanded ATS litigation would chill direct foreign investment by U.S. businesses in foreign markets, which enables sales to customers that U.S. manufacturers could not otherwise reach and generates revenues that can be re-invested domestically.