As cross-border disputes grow more complex, WilmerHale Partner David Bowker and Counsel Alyson Zureick are helping companies make sense of a shifting legal landscape.
In Law360, Bowker and Zureick author “3 Rulings Show High Court’s Transnational Litigation Stance,” a close look at three consequential decisions from the Court’s 2025–2026 term and what they mean for businesses operating across borders.
The authors explain how the Court’s rulings in Havana Docks Corp. v. Royal Caribbean Cruises Ltd. and Exxon Mobil Corp. v. Corporacion CIMEX SA may open the door wider for plaintiffs pursuing claims tied to property confiscated by the Cuban government under the Helms-Burton Act. In contrast, they note, the Court’s decision in Cisco Systems Inc. v. Doe further narrows the path for claims brought under the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA).
Taken together, Bowker and Zureick observe, the decisions reflect the Court’s increasingly statute-specific approach—one that turns on whether Congress clearly created a cause of action and intended to displace traditional barriers to suit, such as sovereign immunity.
The article also offers practical guidance for companies weighing cross-border risk. Businesses with potential exposure to confiscated Cuban property, the authors advise, should reassess their litigation risk and conduct renewed diligence, even as the Court continues to limit avenues for overseas human rights claims against corporate defendants.
Read the full article here.
