The Alien Tort Claims Act has been subject of much controversy over the years in dealing with corporations. It has recently been used to attempt to hold corporations liable for the acts of its subsidiaries' human rights violations. While no corporation has yet been held liable for the acts of its subsidiaries, many have settled out of court and avoided such liability. Courts have come closer to applying the ATCA in such situations and differeing views have arisen. This article will view the history of the ATCA, the decision in Doe v Unocal and effects that would arise by holding the corporation liable for the acts of its subsidiaries under the agency theory. [More]

The Bank of American (BofA) and Merrill Lynch merger is a very complicated litigation. The case is under review by the SEC, Congress' Committee on Oversight and Government Reform and the New York attorney general. In its investigation with Congress, BofA is not allowed to invoke the attorney-client privilege. Since the attorney-client privilege only survives if withheld from all third parties, BofA might be forced to waive the attorney client is the concurrent investigations. This article will discuss the background of the BofA/Merrill Lynch merger, the dismissal of a settlement offer by BofA to the SEC and the effect it will have on the attorney-client privilege between corporate attorneys and their clients in the future. [More]