In over 30 years of litigating complex state and federal cases across the country, Stacy Allen's aggressive approach to discovery and trial preparation has resulted in favorable judgments and settlements for a wide array of sophisticated commercial clients. His national practice emphasizes intellectual property litigation (on behalf of both alleged infringers and IP owners), defense of media companies and news organizations against defamation and privacy tort claims, defense of federal and state class actions against insurers, defense of managed care companies in claims arising from complex provider contracts, and other commercial lawsuits and arbitrations alleging breach of contract, unfair trade practices, fraud, and other business torts. His cases often involve claims in the tens of millions of dollars or more. Mr. Allen works closely with clients to identify their business goals and develop strategies aimed at achieving those goals, not merely some abstract litigation "result." Since most high–exposure cases are now resolved through mediation, Mr. Allen places a priority on developing and exploiting favorable evidence early to create leverage and achieve cost–effective and advantageous settlements.
- In defending patent infringement suits involving everything from sophisticated medical devices, Bluetooth frequency–hopping technology, network security software, iOS applications, and submersible pump transformers used in the oil and gas industry, Mr. Allen has vigorously pursued third–party and informal discovery to unearth damaging evidence useful in asserting counterclaims and obtaining favorable settlements well before trial.
- In defending copyright infringement claims against an internet service provider, Mr. Allen developed evidence supporting DMCA defenses and counterclaims for fraud that forced a settlement below the amount previously offered by his client and prior to costly trial preparation.
- Mr. Allen has defended major insurers in federal and state consumer class actions in Texas and Arkansas, obtaining favorable results.
- Mr. Allen authored a U.S. Supreme Court amicus brief which played an important role in obtaining a unanimous decision reversing a lower court ruling permitting class action plaintiffs to defeat CAFA removal by stipulating to cap the recovery of the putative class at less than $5 million.
- A national reinsurance pool brought a complex fraud and RICO federal court action in the Northern District of Illinois against one of its members, alleging over $1 billion in damages resulting from the alleged underreporting of premiums by that member. The alleged underreporting pool member brought third-party claims against the members of the pool’s Board of Governors (including Mr. Allen's client), alleging breach of fiduciary duty. After aggressive discovery aimed at exposing the lack of evidence supporting the breach of fiduciary duty claim, Mr. Allen obtained a favorable settlement providing for a dismissal with prejudice of the claim for zero dollars paid.
- By aggressively challenging a medical association's standing to sue a managed care company under a state unfair trade practices statute, Mr. Allen obtained an early dismissal upheld by the state's supreme court, avoiding massive and costly discovery.
- In a multi–million dollar arbitration against a leading national managed care insurer, Mr. Allen and a team of Jackson Walker health care lawyers worked closely with business–side executives to leverage concurrent contract renewal negotiations, achieving a favorable global resolution of all disputes prior to expensive and time–consuming discovery.
- Mr. Allen defended a periodical publisher in a defamation/tortuous interference action brought by a distributor who alleged he did not get business from the publisher on account of false accusations of theft. Faced with summary judgment after aggressive discovery and motion practice and a highly favorable deposition of Plaintiff which undermined his position, Plaintiff non–suited the case for zero dollars.
- Mr. Allen routinely provides pre–publication review and other risk–avoidance counseling to television broadcasters.
- Mr. Allen successfully opposed a petition to expunge stories about the petitioner's arrest record from a broadcaster's website as an unconstitutional prior restraint on speech.
- When responding to subpoenas directed to news organizations, Mr. Allen pursues a two–pronged strategy of vigorously asserting protections afforded under the Texas Free Flow of Information Act and concurrently exploring areas for compromise that avoid costly law and motion practice while preserving the integrity and confidentiality of the news gathering process.
- Mr. Allen has spoken and written extensively about the right of publicity, defamation, privacy, open access and other issues of interest to news organizations and entertainment and video game companies, and has testified before the Texas legislature on behalf of the Texas Association of Broadcasters.
- After damaging cross–examination of hostile witnesses at an administrative hearing, Mr. Allen negotiated a favorable settlement with insurance regulators of statutory claims against an out–of–state third–party administrator before the ruling was issued.
- Mr. Allen has successfully represented insurance companies before state insurance regulators in evidentiary hearings on applications for approval of mergers and acquisitions of other licensed insurance entities.
- In a four–week arbitration of claims for securities fraud and minority shareholder oppression, Mr. Allen and a team of Jackson Walker lawyers won an award valued at nearly $50 million for plaintiff, believed to be the largest AAA commercial arbitration award in Texas history.
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Mr. Allen serves is the former chairman of the board of directors and a current director of the American Red Cross of Central Texas.
Mr. Allen is a chairman of the Texas Chapter of the Copyright Society of the USA.
More about Stacy Allen: Biography | Speeches / Publications | News