Rothstein v. UBS AG (Second Circuit)
The Anti-Terrorism Act (ATA) creates a private cause of action against entities that engage in acts of terrorism. Plaintiffs attorneys have brought several ATA claims against financial institutions, asserting that banks have aided or otherwise contributed to acts of international terrorism. Here, we persuaded the Second Circuit to adopt a proximate causation requirement into an ATA claim and further to reject aiding and abetting theories of liability. The decision resulted in a complete victory for the client.