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Tara M. Lee  


Partner
Managing Partner, Northern Virginia Office

tara.lee@dlapiper.com

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One Fountain Square
11911 Freedom Drive, Suite 300
Reston, Virginia 20190-5602
United States
T: +1 703 773 4150   F: +1 703 773 5150
500 Eighth Street, NW
Washington, DC 20004
United States
  

Tara Lee is co-chair of DLA Piper's global Transnational Litigation practice, which focuses on cross-border disputes. Ms. Lee is a leading trial and appellate lawyer, representing a broad range of clients in cases involving contract disputes, white collar and regulatory defense, government contracts litigation and employment litigation. Ms. Lee has successfully tried cases in a number of jurisdictions in federal and state court and argued appeals in the United States Courts of Appeal for the DC and Fourth Circuits.

Ms. Lee has particular experience with 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 experience in cases involving the Alien Tort Claims Act cases, foreign sovereign immunity and derivative sovereign immunity. She argued (and won) the leading Foreign Sovereign Immunities Act case in the US before the US Court of Appeal for the Fourth Circuit and has filed amicus briefs in the DC and 11th Circuits on behalf of defense industry trade organizations on issues related to governmental immunities.

Ms. Lee has received numerous accolades recognizing her skills as a trial advocate. Chambers USA ranks Ms. Lee among America's Leading Lawyers for Business; in 2010 it quoted a client who described her as "an excellent strategic thinker; she always helps clients make the best overall decision" and in 2011, it noted, "Sources admire her 'positive, creative and reassuring attitude.'" Also in 2010, Congressional Quarterly described her as "an expert in transnational litigation." In 2008, the Washington Business Journal recognized her as a Top Washington Attorney in the Young Gun category.

Ms. Lee 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 Stability Operations Association. 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.

Ms. Lee served as a law clerk for United States District Court Judge William B. Shubb of the Eastern District of California. She is 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 and a B.S. from the United States Naval Academy in 1991. 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.

Admissions

  • California
  • Maryland
  • Virginia
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • 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 Ninth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • Supreme Court of the United States

Memberships

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

Publications

  • Co-Author, "A Call for Clarity in Alien Tort Statute War Crimes Jurisprudence," American Bar Association National Security and Defense Review, upcoming Spring 2011
  • Author, "War Crimes or Not Crimes – the Recent Misuse of MEJA Jurisdiction," DePaul University School of Law Rule of Law Journal, 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
  • 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

  • Ms. Lee has been selected to present CLE on "Defense Base Act Coverage: Limiting Contractor Liability for DBA-Covered Activities Including Wrongful Death and Personal Injury Claims" at the upcoming American Conference Institute's 2nd National Forum on Contingency Contracting in Iraq & Afghanistan, to be held in Washington DC.
  • On June 23, 2011, Ms. Lee spoke on the topic of "How Can Contractors Best Contribute to the Overarching Goals of US Policy in a Conflict or Post-Conflict Environments?" at the Center for Complex Operations, National Defense University conference "Private Sector Perspectives on Stability Operations: Examples and Innovations"
  • On May 25, 2011, testified before the Senate Judiciary Committee on the topic of defense contractor accountability and extraterritorial jurisdiction
  • Ms. Lee is one of 12 international legal scholars invited to address global meeting of international aid organizations in Geneva, Switzerland on December 9 and 10, 2010. The meeting is the end result of an eighteen month process to research and clarify the legal accountability and duty of care obligations of humanitarian aid agencies operating anywhere in the world. This effort has been coordinated by the Geneva Centre for Security Policy's Security Management Initiative, and is supported by the French Ministère des Affaires Etrangères et Européennes and the Swiss Federal Department of Foreign Affairs. Those attending the meeting plan to produce good practice guidelines and recommendations with particular attention to the various concrete and practical issues that are of concern to aid organizations operating in conflict and post-conflict zones
  • Speaker, "Politics and the Industry," ISOA Annual Conference, October 18, 2010, discussing developments in litigation and investigations impacting defense industry in 2010
  • Hosted and addressed meeting of the US government, UK government, Swiss government, and contingency contracting industry to finalize the draft of the Global Code of Conduct, September 9, 2010. The Global Code of Conduct is a recognition of the international law principles governing the conduct of companies working in support of government operations in conflict zones
  • Speaker, "Anti-Corruption Policy and Laws Around the World," IPOA National Security, Corruption and Contingency Contracting Conference, Washington, DC, September 18, 2010
  • Panel Speaker, "Controlling Risk in Conflict and Post-Conflict Environments," Euroconference 2010, London, England, April 8, 2010
  • Moderator, "The Commission on Wartime Contracting and New Legislative and Regulatory Initiatives – Impact on Contractors in the Battle Space," panel at 16th Annual Federal Procurement Institute, ABA Public Contracts Law Section, March 4 and 5, 2010
  • Moderator, "Drafting a Global Code of Conduct for Private Security: A Follow-on Project to the Montreux Document," meeting included representatives of the US, UK and Swiss governments and by industry and NGO representatives, Washington, DC, March 1, 2010
  • 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 USN – 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 the 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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