ID WORLD International Congress: Ray Biagini

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Ray Biagini

Partner – McKenna Long & Aldridge

Speaks at ID WORLD on CEO & Investors Forum

Ray Biagini is a leader of the Product Liability defense practice at McKenna Long & Aldridge. He has risen to national prominence in numerous high profile tort cases, defending companies in the Exxon Valdez litigation; the Cell Phone Radiation lawsuits; the “Fen-Phen” litigation; the nationwide Repetitive Stress Injury suits; claims arising out of “friendly fire” accidents during Operation Desert Storm; “war crimes” allegations filed against manufacturers of military weapons systems sold to Israel; radiation exposure cases; and defending military companies in “contractors on the battlefield” cases.

Ray has an extensive product liability prevention practice, counseling companies on mechanisms for reducing tort exposure for products/services sold to government and commercial entities. He is significantly involved in providing such counseling to companies selling “homeland security” products and services, such as chemical/biological detection devices; biometric identity products; and airport security systems. Ray drafted the key provisions of the SAFETY Act, a federal statute that is part of the Homeland Security Act of 2002, which protects companies from tort lawsuits arising out an act of terrorism.

Mr. Biagini has represented some of the world’s largest aerospace and defense and pharmaceutical companies including KBR, Unisys, Honeywell, Lockheed Martin, BAE Systems, Boeing, Textron, SAIC, Teledyne, Raytheon, Siemens, General Dynamics, Eon Labs and Philips Electronics.

“THE SAFETY ACT: A MATTER OF CORPORATE RESPONSIBILITY AND COMPETITIVE EDGE FOR SUPPLIERS OF AUTOMATIC IDENTIFICATION TECHNOLOGY”

The Support Anti-Terrorism by Fostering Effective Technologies Act, better known as the Safety Act, is a landmark federal statute passed in 2002 in the U.S. providing substantial tort liability protections for companies whose anti-terror products or services are approved by the U.S. Department of Homeland Security. Specifically, the Safety Act eliminates or minimizes tort liability for such companies, including companies incorporated outside the U.S., should lawsuits arise in U.S. courts against those companies following a terrorist attack involving their Safety Act approved technology. The Act encourages innovation, design, and deployment of cutting edge anti-terror technologies (“ATT”) by removing the threat of “enterprise threatening” lawsuits against the providers of such technologies following an act of terrorism.

A significant benefit of the Safety Act is that it not only protects providers of ATT from such tort suits, but “derivatively” provides the same protection to entities that purchase and use Safety Act approved technologies. This provides a “competitive edge in the marketplace” to providers of Safety Act approved technologies as customers increasingly purchase Safety Act approved technologies over non- SafetyAct approved technologies.

Since 2002, the Department of Homeland Security has provided SAFETY Act coverage for over 300 different anti-terror technologies and services supplied by both U.S. and foreign companies. These technologies include RFID, perimeter security systems; traceability/mobility detection systems; baggage handling systems; explosive and X-ray detection devices; and vulnerability assessment methodologies.

Given that RFID, biometrics and card technologies involve high value terrorist targets, e.g., cargo, aviation and border security, suppliers of such technology face potential catastrophic liability should a terrorist act implicate their technology. The Safety Act can both mitigate such liabilities and be a market discriminator for suppliers of automatic identification and applications.

 

 

Speaking on November 2


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