Mr. Allen joined Thorp Reed & Armstrong, LLP in 1995 and became a partner in 2002. He concentrates his practice on commercial litigation, with an emphasis on contractual disputes and business torts, and on First Amendment and defamation disputes. Mr. Allen has lectured and published articles on topics within these practice areas. He is also the author of The Attorney-Client Privilege in Pennsylvania (PBI Press 2007), the only book dedicated exclusively to Pennsylvania’s attorney-client privilege.
He also appears frequently before federal and state courts in Western Pennsylvania, and is also a member of the bar of the United States Supreme Court, the United States Court of Appeals for the Third Circuit, and the State of West Virginia.
RELEVANT EXPERIENCE
Commercial Litigation
Represented Pittsburgh-based manufacturer in injunction proceedings where court blocked competitor’s $58 million acquisition of manufacturer’s distributor. The Pennsylvania Superior Court affirmed the preliminary injunction. York Group v. Yorktowne Caskets, Inc., 924 A.2d. 1234 (Pa. Super. Ct. 2007).
Represented Pittsburgh-based paint manufacturer in three-week federal trial involving multi-million dollar claims of breach of contract, defamation and breach of covenant not to compete. Court declared the manufacturer the "prevailing party" and awarded more than $900,000 for reimbursement of attorneys’ fees and costs. PPG Industries, Inc. v. Zurawin, C.A. No. 95-2078 (W.D. Pa.). The United States Court of Appeals for the Third Circuit affirmed, 52 Fed. Appx. 570, 2002 WL 31289285 (3d Cir. 2002).
Obtained, from the Allegheny County Court of Common Pleas, summary judgment and a damage award of more than $4,600,000 on behalf of an industrial corporation deprived of contractually-guaranteed royalty payments.
Represented major investor in professional hockey team during adversary bankruptcy claims of team’s creditors against investor. In re Pittsburgh Hockey Associates, No. 98-21874BM (Bankr. W.D. Pa.).
Represented leading life insurance company in numerous federal and state actions involving claims of fraudulent sales practices.
Represented defendant in precedent-setting case establishing that no right to a jury trial exists under Pennsylvania’s Consumer Protection Law. See Ihnat v. Povar, 26 PLW 979 (2003).
Represented investors in claim against partnership and managing partner for improper acquisition of partnership assets, specifically two multi-million dollar apartment complexes in Arlington, Virginia.
Defamation-First Amendment
Represents both plaintiffs and defendants in defamation actions and also advises subjects of and publishers of alleged defamatory statements regarding their rights and options concerning those statements.
Represented publicly held corporation in a federal court action and appeal involving alleged defamatory statement by a senior executive of the corporation.
Represented a plaintiff in a state court defamation action that drew national and international attention where defendants were a prominent media entity and an individual defendant.
Represented a businessman in a dispute with a Pennsylvania newspaper over a series of articles concerning the businessman.
Authored "The Oddity and Odyssey of 'Presumed Damages' in Defamation Actions Under Pennsylvania Law," which was published in 2004 in the Duquesne Law Review.
Securities and Shareholder Litigation
Represented corporate officer and director in actions where minority shareholders claimed damages from officer’s multi-million dollar sale of stock. See Pitterich v. Styling Technology Corp., 148 P.L.J. 244 (2000) (dismissing claims based on defendant’s alleged conduct as a corporate director or officer). Obtained, in a related proceeding, a complete defense verdict in a court-mandated federal arbitration where claimant sought in excess of one million dollars in damages from selling shareholder.
Obtained summary dismissal of federal securities and RICO claims directed against former bank president.
Represented corporate officer and director in action by debt security holder which alleged that officer/director abused office for personal gain. Obtained summary dismissal of action in federal court. The U.S. Court of Appeals for the Third Circuit affirmed that decision, holding that there are no fiduciary duties owed to debt security holders.
