BREAKFAST BRIEFING - THE ANTI-TERRORISM ACT (ACA)

The briefing will include an overview of the lawsuit and the ATA, identify common ATA pitfalls, and highlight best practices for avoiding potential ATA liability.

Why is ISOA hosting this briefing?
A lawsuit recently filed in District of Columbia federal court suggests stability operations contractors may soon face a new wave of litigation under the Anti-Terrorism Act (ATA).  Among its allegations, the lawsuit claims that several government contractors violated the ATA by indirectly making “protection payments” to the Taliban through private security subcontractors and other intermediaries during the war in Afghanistan.  According to the complaint, the alleged payments helped fund terror attacks that killed or injured U.S. service members.  Until now, the plaintiffs’ bar has pursued few (if any) ATA lawsuits against government contractors.  This high-profile litigation may change that and could give rise to copycat ATA cases against other stability operations contractors.  

The briefing will include an overview of the lawsuit and the ATA, identify common ATA pitfalls, and highlight best practices for avoiding potential ATA liability.

What is the Anti-Terrorism Act?
The ATA allows U.S. nationals injured in an act of international terrorism (or his/her survivors in the event of death) to bring a civil lawsuit for treble damages in the U.S.  “International terrorism” includes providing material support (including financial support) to the organization alleged to have carried the attack.  The statute also imposes liability for aiding and abetting an act of international terrorism carried out by a designated foreign terrorist organization (such as Al Qaeda or the Haqqani Network).

Why are stability operations contractors being sued under the Anti-Terrorism Act?
ATA litigation has evolved over the years.  Initially, plaintiffs’ attorneys attempted to sue foreign governments (such as Iran and Libya) or organizations or individuals directly linked to terror attacks.  Plaintiffs then began suing U.S. and foreign corporations, alleging they provided material support or aided and abetted a terror attack.  The initial wave of suits against corporate defendants involved banking institutions but expanded to include technology companies, pharmaceutical companies, and now government contractors.  These defendants are appealing to the plaintiffs’ bar because they often are subject to suit in the U.S. and because they are perceived as having “deep pockets.”

PANELISTS:

Hear from the following panel of experts on how a lawsuit recently filed in 
District of Columbia federal court suggests stability operations contractors may 
soon face a new wave of litigation under the Anti-Terrorism Act (ATA). 

Alejandra Montenegro Almonte, Member, Miller & Chevalier
Mark Dewitt, Chief Legal Officer, General Counsel & Secretary, GardaWorld Federal Services
Laura Ferguson, Member, Miller & Chevalier
Alex Sarria, Member, Miller & Chevalier

SCHEDULE:

8:00–9:00am: Registration/ Networking / Breakfast
9:00–11:00am: Panel and Q&A discussion

TICKETS

No charge for ISOA Members • $150 for Non-Members

LOCATION

Miller & Chevalier Chartered
900 16th Street NW, 
Washington, DC 20006
(See map for Metro and parking details) 

Cancellation Policy: ISOA must receive all cancellation requests in writing by February 27, 2020. Email all cancellation requests to support@stability-operations.org. All refunds will be processed 3-6 weeks after the event and will be assessed a $95 processing charge for requests received by February 27, 2020. Substitutions are always accepted, but must be made in writing.