Raymond B. Biagini
Partner – McKenna Long & Aldridge
Speaks at ID WORLD on Transportation Security
Raymond B. Biagini, a distinguished counselor and litigator, is a leader of the Product Liability defense practice at McKenna Long & Aldridge. He has risen to national prominence in a number of high profile tort cases, defending companies in the Exxon Valdez litigation; the Cell Phone Radiation Hazards lawsuits; the “Fen-Phen” litigation; the nationwide Repetitive Stress Injury suits;claims arising out of“friendly fire” accidents during Operation Desert Storm and Operation Iraqi Freedom; and “war crimes” allegations filed against manufacturers of military weapons systems sold to Israel.
“The SAFETY Act: a key risk mitigator for suppliers of state-of-the-art automatic identification and applications”
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 intent of the Act is to encourage innovation, design, development and deployment of cutting edge anti-terror technologies by removing the threat that deploying such technologies could result in “enterprise threatening” lawsuits against the providers of such technologies following an act of terrorism.
Since 2002, the Department of Homeland Security has received hundreds of SAFETY Act applications, providing SAFETY Act coverage for over 300 different anti-terror technologies and services supplied by both U.S. and foreign companies. Such approved technologies include perimeter security systems; chemical/biological sensors; baggage handling systems for airports; explosive and X-ray detection devices; and vulnerability assessment methodologies.
Given that RFID, biometrics and card technologies apply to high value terrorist targets, e.g., cargo, aviation and border security, suppliers of such technology face potential catastrophic liability should a terrorist act involve an alleged failure of their technology. As such, SAFETY Act coverage is a key risk mitigation tool for suppliers involved in state-of-the-art RFID technologies in the different segments of automatic identification and applications.