Many leading financial institutions have been sued under the US Anti-Terrorism Act (the “ATA”), based on allegations that they provided financial services that supposedly in some manner benefited terrorists. To the extent that plaintiffs’ claims rested on theories of aiding and abetting and conspiracy, courts have dismissed them because the ATA does not expressly subject defendants to secondary liability.

On September 28, 2016, Congress overrode President Obama’s veto of the Justice Against Sponsors of Terrorism Act (“JASTA”), making JASTA the law of the land in the United States. Most people understand JASTA as legislation that was designed to allow US victims of the 9/11 attacks to bring civil lawsuits against Saudi Arabia based on allegations that the Saudi government supported the 9/11 terrorists. But in fact, JASTA’s impact is broader. It expands the ATA by adding claims for aiding and abetting and conspiracy in certain circumstances.

Please join Mayer Brown lawyers David Sahr, Marc Cohen, Mark Hanchet and Alex Lakatos as they:

  • Explain the legal landscape as it formerly existed under the ATA
  • Discuss the new secondary liability provisions in JASTA, and the risks the provisions pose for domestic and international financial institutions
  • Provide practical suggestions for minimizing those risks

CLE credit is pending.

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