Second Circuit Clarifies the Pleading Standard for Claims of Aiding and Abetting Human Rights Violations

On October 2, 2009, the Second Circuit issued a decision in Presbyterian Church of Sudan v. Talisman Energy, Inc., which should be of great interest to corporations doing business around the world, including in countries with questionable human rights records. Talisman clarified the scope of corporate liability under the Alien Torts Claim Act by holding that companies may be liable for aiding and abetting violations of international law only when they provide substantial assistance to the primary violator, typically a state organization, and do so with the purpose of furthering the violation.