The Safety Act

This free webinar, from our Emergency Response and Preparedness Practice Attorneys, is not only for pipeline companies, it can provide information for airports, insurance risk managers, and other pipeline related UAS operators.

We are pleased to join the Energy Drone Coalition in presenting this webinar, which will explain how pipeline companies can leverage their existing processes to obtain DHS certification that limits liability in the event of a terrorist attack.  As pipeline operators are aware, the terrorist risk they face is broader and more multifarious than the risks faced by other industries. The government’s recognition of this risk is evident from the TSA’s creation of Pipeline Security Guidelines.  What you might not know is the procedures you already have in place to minimize the risk of intentional damage to critical infrastructure can also save your company from ruinous monetary judgments through the protections afforded by the SAFETY Act.
Continue Reading Upcoming Webinar – Pipelines and the SAFETY Act: Limiting Your Liability

A few days ago, Richard Russell, a 29 year old airline ground employee, got in a 76 seat commercial aircraft and took off from a crowded airport. Many people expressed surprise that he was able to accomplish this feat given the complexity of a modern commercial aircraft, noting that even starting the engines is a multistep process.  In addition, he showed a fair amount of skill in flying the aircraft.  Despite this, it appears he had no training in commercial multiengine aircraft and little, if any, formal pilot training.

In this instance, the troubled young man may have been suicidal, but fortunately, he was not murderous. After his joyride in the aircraft, it appears he intentionally crashed the plane into an uninhabited area.  But what if his intentions had been different?  Once he was airborne, it would have been a simple task for him to have crashed the plane, and its full load of fuel, into the terminal or another aircraft full of passengers.  During a busy travel day, the potential loss of life would be staggering.Continue Reading The SAFETY Act and Horizon Air

In the wake of the Las Vegas shootings, MGM resorts is facing a barrage of lawsuits by victims claiming that the hotel was negligent in its security procedures.  In an unusual response, the hotel has filed its own lawsuit against the victims.  The MGM lawsuit is asking a court to rule that it is immune from suit because hotel security was handed by a vendor, Contemporary Services Corporation (CSC).  CSC, the hotel argues, has been approved by the Department of Homeland Security (DHS) “for protecting against and responding to acts of mass injury and destruction” and, therefore, MGM is absolved from responsibility.

This pending action becomes relevant to the drone industry.  MGM is referring to legal protections provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, commonly known as “The Safety Act”.  The Safety Act, passed in response to the 9/11 terrorist attacks, is intended to encourage the private sector to develop and implement anti-terrorist technologies by limiting the liability of companies that have such technology approved by DHS.  The act defines anti-terrorist technology broadly to include products, services, equipment, or devices designed, developed, modified, or procured for the purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm from such attacks.Continue Reading Why Drone Manufacturers and Service Providers Should Care About the MGM Las Vegas Shooting Law Suit.