Oral Argument: Cisco Systems v. Doe I

Cisco Systems, Inc. v. Doe I | Case No. 24-856 | Docket Link: Here

Oral Advocates:

• Petitioners (Cisco Systems): Kannon K. Shanmugam of Davis Polk & Wardwell LLP
• Respondents (Doe I, et al.): Paul L. Hoffman of Schonbrun DeSimone Seplow Harris & Hoffman, LLP
• Amicus Curiae (United States): Curtis E. Gannon of the Department of Justice

Question Presented: Whether the Alien Tort Statute and the Torture Victim Protection Act authorize civil aiding-and-abetting liability against a U.S. technology company for facilitating a foreign government's torture of a religious minority.

Overview: Falun Gong practitioners sued Cisco for building custom surveillance technology the Chinese government used to identify, arrest, and torture them. The case tests whether two federal statutes allow courts to impose civil liability on corporate enablers of foreign atrocity.

Posture: Ninth Circuit reversed dismissal and allowed aiding-and-abetting claims to proceed; Supreme Court granted certiorari January 9, 2026.

Main Arguments:

• Cisco (Petitioner): (1) Federal courts lack authority to create any new ATS causes of action — that power belongs exclusively to Congress; (2) Central Bank forecloses implied civil aiding-and-abetting liability absent express statutory authorization; (3) The TVPA's verb "subjects" covers command responsibility, not remote corporate assistance far removed from custody or control of victims.
• Falun Gong Practitioners (Respondent): (1) Aiding-and-abetting liability existed under the law of nations at the Founding and the First Congress intended ATS coverage to reach accessories; (2) Central Bank applied ordinary statutory interpretation, not a blanket clear-statement rule, and both the ATS and TVPA support aiding-and-abetting claims under that same analysis; (3) The TVPA's deliberate choice of the broad verb "subjects" — rather than the narrower "commits" used in criminal statutes — reflects congressional intent to reach secondary actors, confirmed by legislative history stating liability extends to those who "ordered, abetted, or assisted in the torture."

Implications: A Cisco victory ends this case and signals that American companies face no civil ATS or TVPA exposure for knowingly supplying technology used by foreign governments to commit atrocities — leaving accountability to the political branches alone. A Falun Gong victory exposes U.S. companies and executives to civil liability for their role in foreign human-rights abuses, creating significant legal risk across global supply chains, technology exports, and international business dealings with authoritarian states.

The Fine Print:

• Alien Tort Statute, 28 U.S.C. § 1350: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."
• Torture Victim Protection Act, 28 U.S.C. § 1350 note, § 2(a)(1): "An individual who, under actual or apparent authority, or color of law, of any foreign nation — subjects an individual to torture shall, in a civil action, be liable for damages to that individual."

Primary Cases:

• Sosa v. Alvarez-Machain (2004): Courts retain limited authority to recognize ATS causes of action for international-law violations meeting a strict two-step test of specificity and judicial discretion, but must proceed with great caution.
• Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. (1994): Civil aiding-and-abetting liability does not exist under a federal statute unless Congress expressly provides for it; statutory silence does not imply it.

Timestamps:

[00:00:00] Argument Preview

[00:01:31] Oral Advocates

[00:01:52] Argument Begins

[00:01:59] Cisco Opening Statement

[00:04:17] Cisco Free for All Questions

[00:21:49] Cisco Round Robin Questions

[00:38:55] United States Opening Statement

[00:40:05] United States Free for All Questions

[00:50:27] United States Round Robin Questions

[01:19:39] Doe Opening Statement

[01:22:12] Doe Free for All Questions

[01:50:47] Doe Round Robin Questions

[01:55:52] Cisco Rebuttal