"Does the TVPRA Apply Extraterritorially? Thoughts on the U.S. Chamber of Commerce Amicus Brief in Doe v. Apple", 20 Oct 2022

As the U.S. Supreme Court has repeatedly limited the scope of the implied cause of action under the Alien Tort Statute (ATS), victims of human rights abuses have looked to other U.S. statutes for remedies. One of these is the Trafficking Victims Protection Reauthorization Act (TVPRA), which creates a civil remedy against perpetrators and others who knowingly benefit from slavery, forced labor, and human trafficking. In Doe v. Apple, a case decided late last year, the District Court for the District of Columbia (Judge Carl Nichols) held that only the TVPRA’s criminal provisions apply extraterritorially and not its civil cause of action.

The case is now on appeal to the D.C. Circuit and set for argument on December 8. Last Friday, the U.S. Chamber of Commerce and other business groups filed an amicus brief arguing that the TVPRA’s civil remedy does not apply extraterritorially. I have joined a different amicus brief arguing the contrary position, along with several other TLB editors and advisors. This post offers some of my own thoughts in response to the Chamber’s brief...