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19 U. Pa. J. Bus. L. 601 (2016-2017)
Defending Actions against Corporate Clients of Private Security Companies

handle is hein.journals/upjlel19 and id is 613 raw text is: 








DEFENDING ACTIONS AGAINST CORPORATE
CLIENTS OF PRIVATE SECURITY COMPANIES


Andrew   L. Pickens*

INTRODUCTION            .................................................601
I.  INDUSTRY BACKGROUND       .............................. .......603
      A.  Alumni of western militaries often populate well-regarded
          PMCs and PSCs    ......................  .............603
      B.  Increased instability in regions with hard-power vacuums
          has increased demand for PMCs and PSCs .....   ........605
      C.  The industry and observers have spoken to a number of
          concerns. Concerns Encountered; Responsive Viewpoints.....606
      D.  As engaging PMCs becomes more acceptable for
          governments, PSCs have become a more common option
          in the private sector. ........................ .....608
II. LEGAL  ACTIONS      ................................................609
      A.  Alien Tort Statute                 ....................... .......610
      B.  Torture Victims Protection Act .............. ...........628
      C.  Common  Law Torts........................636
III. THOUGHTS  FOR A DISCUSSION OF POLICY AND COMPREHENSIVE
      LEGISLATION       ........................................ .....640
CONCLUSION                        ...................................................643


                         INTRODUCTION


    As  corporations consider approaches for doing business in or near
unstable parts of the world, some will face increased concerns for whether
they are taking appropriate steps to ensure employee safety. Corporations
lacking the internal resources to establish security protocols for higher-risk
locales may  choose to outsource that function to private security
contractors. Viewpoints on doing so can differ.


   *  A.B., Dartmouth College; J.D., UCLA School of Law; Partner, Strawn Pickens
LLP, Houston, Texas, USA.


601

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