Business and Human Rights

Global companies are increasingly accountable for the effects of their operations on communities and the responsibility to respect human rights. Arnold & Porter’s cross-disciplinary Business and Human Rights (BHR) group advises multinational companies on the legal, reputational, and operational implications of these issues; developing best practices to mitigate risks and increase stakeholder confidence.

Our integrated team is composed of leading lawyers and policy advisors with extensive backgrounds in human rights, the environment, ethics, ESG, and international law and policy. We draw on the experience of team members who have served as senior government officials in the U.S. and Europe, including the U.S. State Department, Department of Justice, Central Intelligence Agency, and the European Commission, and in major international organizations such as the Organization for Economic Co-operation and Development (OECD) and the World Bank.  Team members also have held senior leadership positions in global corporations.

Advisory Services

• Advising companies and business associations on U.S., European, and other international human rights laws and policies; and developing due diligence and transparency mechanisms to prevent and mitigate adverse human rights and environmental impacts in their supply chains in accordance with international standards, such as the United Nations Guiding Principles (UNGPs) and the OECD Guidelines for Multinational Enterprises, as well as the Convention on the International Trade in Endangers Species of Wild Fauna and Flora (CITES).
• Providing multijurisdictional compliance advice to corporates regarding existing laws on reporting and disclosure requirements in the field of human rights and ESG in the U.S., Europe and other jurisdictions, such as the French Duty of Vigilance Law, Germany’s Supply Due Diligence Act, the European Union Corporate Sustainability Due Diligence Directive and the European Union Corporate Sustainability Reporting Directive.
• Monitoring effective oversight of human rights risk and providing training across different levels of the corporate structure.
• Developing initiatives for institutions and governments to help promote and monitor corporate respect for human rights.

Investigations

• Advising boards and senior executives on related internal and external investigations to minimize legal and reputational risk.
• Representing companies in governmental investigations and enforcement actions.

Dispute resolution

• Representing governments and businesses in commercial and investment arbitrations involving human rights and ESG issues.
• Representing companies in quasi-judicial proceedings, such as the OECD National Contact Points specific instances under the OECD Guidelines for Multinational Enterprises.
• Representing companies and business associations in transnational tort litigation involving human rights and environmental issues, including suits filed under the Alien Tort Statute, the Torture Victim Protection Act, and the Trafficking Victims Protection Act.