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Tara M. Lee  


Partner

tara.lee@dlapiper.com

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1775 Wiehle Avenue, Suite 400
Reston, Virginia 20190-5159
United States
T: +1 703 773 4150   F: +1 703 773 5150
500 Eighth Street, NW
Washington, DC 20004
United States
  

Tara Lee, a partner in DLA Piper's Litigation practice based in Northern Virginia, has a broad range of experience in trial and appellate litigation. Her practice encompasses commercial litigation, employment litigation, white collar and regulatory defense, international law, and government contracts litigation. Ms. Lee has represented a broad range of clients in cases involving contract disputes, government investigations, commercial transactions, intellectual property, business torts, international dispute resolution, and employment law. Ms. Lee has led trial teams to successful jury verdicts in major cases and has several thousand hours of experience litigating cases before federal district courts and United States Courts of Appeal for the DC and Fourth Circuits. She has numerous awards recognizing her skills as a trial advocate. In 2008, the Washington Business Journal recognized Ms. Lee as a Top Washington Attorney in the Young Gun category.

Earlier in her career, served as a law clerk for United States District Court Judge William B. Shubb of the Eastern District of California. She is a former associate of Cooley Godward Kronish LLP, Seyfarth Shaw LLP and Jackson Lewis LLP and a former Resident Fellow at the United States Naval Academy's Center for the Study of Professional Ethics. Ms. Lee received a J.D. from the University of San Diego School of Law in 1996, where she was recognized as the Outstanding Future Trial Lawyer and Outstanding Student in Public Interest Law and was the recipient of the Michael Konz Memorial Scholarship. She earned a B.S. from the United States Naval Academy in 1991, where she was a departmental nominee for Academic All-American. As a JAG, she conducted 12 jury trials as first chair and received the American Trial Lawyers Association Outstanding Military Trial Advocate Award. She taught courses in trial advocacy and pre-trial practice as an adjunct professor at University of California at Davis School of Law and at McGeorge School of Law, University of the Pacific.

Ms. Lee has particular experience in areas relating to defense industry issues and government contractors, and has spoken and written extensively on issues related to battlefield contractors' oversight and liability and battlefield torts. She has significant subject-matter expertise and trial and US Court of Appeal experience in Alien Tort Claims Act cases, as well as in foreign sovereign immunity and derivative sovereign immunity cases. She is a vice chair of the ABA's Battle Space and Contingency Procurements Subcommittee and a member of the ABA's Standing Committee on Law and National Security. She is Chair of the Government and Legal Affairs Committee of the International Peace Operations Association. She has filed amicus briefs in the DC and 11th Circuits on behalf of defense industry trade organizations on issues related to governmental immunities. On behalf of the ABA, she has led teams of attorneys in producing ABA white papers on the expansion of UCMJ and MEJA jurisdiction over contractors on the battlefield, and in drafting the ABA public comment to proposed regulations related to combating human trafficking. In association with several industry trade groups, she is currently co-drafting standards of conduct and guideline rules for the use of force by battlefield contractors.

Admissions

  • California
  • Maryland
  • Virginia
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Western District of Virginia
  • United States District Court for the Eastern District of California
  • United States Court of Appeals for the Armed Forces
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Eleventh Circuit

Memberships

  • American Bar Association – Battle Space and Contingency Procurements Subcommittee (Vice Chair)
  • Standing Committee on Law and National Security
  • International Peace Operations Association – Government and Legal Affairs Committee (Co-Chair)

Publications

  • Author, “War Crimes or Not Crimes – the Recent Misuse of MEJA Jurisdiction, ” DePaul University School of Law Rule of Law Journal, upcoming fall 2009
  • Author, "SOFA Discards Contractors and the Rule of Law," The Jurist, December 4, 2008
  • Author, "Don't Kick Contractors Off the Battlefield: Just Hold Them Accountable," The Jurist, April 24, 2008
  • Author, "The Importance of Preserving Hargeysa’s Mass Graves," Somaliland Times, May 12, 2007, describing her April 2007 trip to Somalia to collect evidence of war crimes
  • Co-author, "Can a Third Party Subpoena the Feds?" Legal Times, August 21, 2006
  • Author, "The Tangled Web of Military Command Responsibility," op-ed, Los Angeles Times, August 4, 2004
  • Author, "Perspectives on the State-Centric System of Traditional International Law and the Developing Jurisprudence of International Criminal Law," paper presented at Fifth Annual Royal Military College of Canada Conference on Ethical Leadership, November 4-6, 2003
  • Author, "American Courts-Martial for Enemy War Crimes," 33 U. Balt. Law Rev. 49 (Fall 2004)
  • Author, "Military Justice Jurisdiction: Forums at the Intersection of War and Justice," paper presented at 2003 Joint Services Conference on Professional Ethics, Anti-Terrorism Operations and Homeland Defense, January 30-31, 2003

Seminars

  • Speaker, "Important legal trends impacting companies operating in Afghanistan," Afghanistan, Supporting Regional Stability Operations Conference, Washington, DC, October 26, 2009
  • Speaker, "Redefining Inherently Governmental Functions," address delivered to the United Nations Working Group on the Use of Mercenaries, a subgroup of the UN High Commissioner for Human Rights, July 29, 2009
  • Panelist, "McCain Conference on Public-Private Partnerships in National Defense," spoke on the legal implications and litigation issues related to contingency contracting, April 23-24, 2009
  • Panelist, "US – Iraq SOFA: Uncomfortable for US Contractors?" ABA Section of Public Contract Law teleconference, January 15, 2009
  • Addressed the US Department of Transportation / Maritime Administration (MARAD) Iraq/Afghanistan Logistics Working Group on December 2, 2008, and on April 28, 2009. MARAD invited Ms. Lee to deliver remarks, and answer questions from industry executives, regarding the new US/Iraq Status of Forces Agreement (SOFA). The SOFA places US contractors operating in Iraq under Iraqi criminal and civil jurisdiction beginning January 1, 2009. Ms. Lee's December 2008 presentation covered the extent to which the new jurisdiction exposes contractors to significant new compliance and litigation risks, and her May 2009 presentation provided an update on litigation that has followed implementation of jurisdiction.
  • Selected to participate in a panel discussion before the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, discussing contractor battlefield killings, June 21, 2008
  • Panelist, "The Future of Private Security Contracting," Center for a New American Security, May 30, 2008
  • Presenter, "A New Paradigm for Accountability and Control of Battlefield Contractors," National Security Law Conference, Wake Forest School of Law, May 23, 2008
  • Panelist, KALW live radio call-in show, April 28, 2008. An MP3 of the broadcast is available at www.yourcallradio.org
  • Participant, Terrorism Trials Colloquium co-sponsored by the School for Advanced International Studies at Johns Hopkins University and RAND Corporation. Co-participants included agency heads and General Counsels from US DOJ, DOS, CIA, NSA, FBI and equivalent law enforcement and counterintelligence agencies of Australia and the United Kingdom, January 2008
  • Chair and moderator, panel presentation, International Symposium for Military Ethics, January 30-31, 2007
  • Delivered panel presentation, "Litigating Law of War Violations in Federal Civil Court," Public Interest Law Day Conference, Boalt Hall – UC Berkeley School of Law, September 30, 2006
  • Coordinated a proposed series of joint USNA - Georgetown University Law Center conferences on civil-military relations, including drafting roundtable topics for the conference series and preparing the conference research proposal, "Civilian Soldiers, Profit Motives, and the Business Face of War: As the Privatized Military Industry Redraws the Line between the Public and Private Spheres, Is the Existing Domestic and International Regulatory Framework Adequate?" Spring 2003

Clerk Information

  • Clerk to Honorable William B. Shubb, Eastern District of California


EDUCATION

  • J.D., University of San Diego School of Law
      Outstanding Future Trial Lawyer
      Outstanding Student in Public Interest Law
      Michael Konz Memorial Scholarship
  • B.S., United States Naval Academy
      Departmental Nominee for Academic All-American

EDUCATION

  • J.D., University of San Diego School of Law
      Outstanding Future Trial Lawyer
      Outstanding Student in Public Interest Law
      Michael Konz Memorial Scholarship
  • B.S., United States Naval Academy
      Departmental Nominee for Academic All-American

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