Brief Argues that Holding American Companies and Executives Responsible for the Actions of Foreign Customers is Unlawful, Would Chill Innovation and Investment
Washington, D.C. – TechNet, the national, bipartisan network of innovation economy CEOs and senior executives, today filed an amicus curiae brief at the Supreme Court in the case of Cisco v. Doe. TechNet was joined in the brief by the U.S. Chamber of Commerce, Business Roundtable, and the National Association of Manufacturers. The brief argues that the Supreme Court should review a Ninth Circuit Court of Appeals decision that would make American companies and their senior executives liable for the bad acts of foreign powers that involved products lawfully purchased from those American companies, even if they didn’t intend to aid those foreign acts.
“Making American companies the scapegoats for alleged crimes by foreign actors in the countries where they operate doesn’t just stretch the bounds of the law, it would make America less competitive and chill investments around the world,” said TechNet Executive Vice President, Carl Holshouser. “If faced with the increased risk of being targeted by these lawsuits, many companies may very sensibly determine they are better off not operating in foreign markets that increase their litigation risk and exposure. This is especially true when it comes to developing countries that are most in need of direct foreign investment.”
Read TechNet’s amicus curiae brief here.
TechNet and its fellow amici are represented in this matter by DLA Piper LLP.
About TechNet’s Innovation Legal Center
TechNet’s Innovation Legal Center (ILC) is the voice of the innovation economy in the federal and state courts and the broader legal community. The ILC works to advance pro-innovation laws and regulations through effective legal advocacy, including by representing TechNet in lawsuits challenging unlawful regulatory actions at all levels, by filing amicus curiae briefs in key litigation, by intervening to defend important pro-innovation laws against legal challenges, and by leveraging our legal expertise and analysis for the benefit of judges, lawmakers, and regulators. The ILC retains some of the nation’s top litigators and advocates, ensuring effective representation for the interests of American innovators. The ILC also works with advocates, researchers, and academics to improve understanding of legal issues that are important to fostering a climate of innovation and strengthening America’s competitiveness.
Carl Holshouser, TechNet’s Executive Vice President, leads the Center, with Drew Hudson, TechNet’s General Counsel, serving as litigation director. Ebbie Yazdani, TechNet’s Counsel and Federal Policy Director, provides policy and legal expertise.