Experience
Alan representative matters include:
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Successfully defended a software technology company in a Judicial Arbitration and Mediation Services (JAMS) arbitration over an earnout dispute arising out of a merger and acquisition (M&A).
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Successfully represented a software operating system developer in an International Chamber of Commerce (ICC) arbitration involving a dispute over fees owed by a foreign licensee.
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Successfully resolved claims against a payment system provider arising out of a data breach at a restaurant chain.
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Successfully settled claims for consumer fraud and unjust enrichment asserted by putative national and New York plaintiff classes.
- Secured an arbitration award for breach and repudiation of a 15-year coal transportation agreement, over the assertion of a force majeure defense, on behalf of railroad against an owner of coal-fired power generation plants.*
- Represented the owner of an environmental plant in a dispute with the plant operator over claims of force majeure.
- Handled multiple domestic and international arbitrations involving technology and software development and licensing agreements.
- Represented a private equity acquisition search firm in a dispute over a finder’s fee.
- Represented the manufacturer of industrial equipment in a dispute over an exclusive output contract.*
- Successfully defended an international financial institution against fraud claims in New York.*
- Represented companies and individual directors in the successful defense of shareholder class actions in state and federal courts, including in Delaware, California, New York, and Georgia.*
- Prevailed on behalf of an automotive parts manufacturer in an ICC arbitration arising out of the sale of a division, and specifically involving claims related to manufacturing processes.*
- Mediated a dispute on behalf of a worldwide leader in the development and supply of agricultural products involving a biotech licensing agreement.*
- Achieved an arbitration award for a major telecommunications company to enforce an indemnification agreement.*
- Represented an international infrastructure company in litigation relating to road and water projects in Africa.*
- Prevailed at trial on behalf of a retailer charged with theft of trade secrets.*
- Represented a global financial institution in mass tort litigation in the U.S.*
- Achieved at arbitration an award in favor of international manufacturers of high-speed trains arising out of a development contract for a multibillion-dollar project in Asia.*
- Represented a manufacturer of high speed trains in litigating and mediating its disputes with Amtrak relating to the construction of the Acela.*
- Arbitrated on behalf of an insurance company its dispute arising out of the termination of software contracts.*
- Resolved breach of contract and patent litigation claims in the United States on behalf of a German medical device manufacturer.*
- Achieved a verdict at trial in favor of a telecommunications company in a false advertising lawsuit.*
- Successfully represented at trial a sporting goods manufacturer against patent licensing claims.*
- Defended to verdict individual and third-party payor claims against a tobacco manufacturer in smoking and health litigation.*
*Prior firm experience.