steven d. allison - Association of Corporate Counsel

STEVEN D. ALLISON
PARTNER
ORANGE COUNTY
[email protected]
Phone: 949.798.1327
Fax: 949.263.8414
3 Park Plaza
Irvine, CA 92614-8505
PRACTICES
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Litigation & Trial
Class Actions
Arbitration
Commercial Litigation
Health Care
Advertising & Product Risk
Management
Intellectual Property
Litigation
Insurance/Reinsurance
Telephone Consumer
Protection Act (TCPA)
Health Care Litigation
Consumer Claims
Fashion Law
Steve Allison is a partner in the Orange County office and is a trial lawyer in the
Commercial Litigation Group. He serves as the head of the Orange County office. His
practice includes complex business, class action, insurance coverage, health care,
intellectual property, and real estate matters. Steve has represented clients in trials,
arbitrations and appeals.
Steve has defended numerous class actions in a variety of industries. Specifically, Steve
has handled the defense of significant nationwide consumer class actions for clients in
the telecommunications/technology, retail, consumer products, and entertainment
industries. In these class actions, Steve has successfully defended claims of unfair
competition, false advertising, violation of the Telephone Consumer Protection Act,
violation of numerous state consumer protection statutes, and unjust enrichment. In
connection with these cases, Steve has also handled a variety of FTC and state attorney
general inquiries and subpoenas. He also has successfully defended wage and hour class
actions for clients in these same industries.
Steve also has deep experience in insurance coverage matters. He has represented
insurers in matters asserting coverage for mass tort and environmental claims seeking
hundreds of millions of dollars in insurance coverage. Steve has also brought affirmative
claims on behalf of insurers to determine proper allocation and contribution for long-tail
exposures.
His insurance experience also includes representation of health care insurers, plans and
administrators. Steve has defended contract, bad faith and ERISA claims against those
defendants, and has successfully asserted an array of preemption-based defenses to
those claims. Steve’s advocacy in this area has included multiple jury trials and the
handling of successful appeals.
Steve's practice also includes intellectual property and technology litigation relating to
trademark, copyright, trade dress, trade secret, and right of publicity claims, as well as
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licensing disputes. He has handled these claims for clients in the entertainment, new media, publishing, technology, and
retail/consumer products industries. Steve has also successfully defended class actions against companies in these same
industries.
Finally, Steve has handled a wide variety of complex business disputes, including taking cases to trial and arbitration. In this
area, he has special experience in handling claims in the grocery industry relating to real estate development and shopping
center leasing.
Steve earned his bachelor of arts degree in political science, magna cum laude, from Messiah College in 1990. In 1994, he
earned his Juris Doctor, magna cum laude and Order of the Coif, from Georgetown University Law Center. While there, he
was a notes editor on the Georgetown Law Journal.
He was named a Southern California Super Lawyer in 2012, 2013, and 2015.
Representative Engagements
Class Action Litigation
 Representing national eyewear retailers in two consumer class actions alleging violation of California consumer
protection statutes based on a complex California regulatory scheme, as well as false advertising claims.
 Representing mattress manufacturer in consumer class action alleging violations of California consumer protection and
warranty statutes based on alleged terms and application of express product warranties.
 Represented several mobile phone content providers in the defense of eight consumer class actions filed throughout
the country alleging violations of the Telephone Consumer Protection Act and various state consumer protection laws
based on unauthorized charges to cell phone customers. Also represented these companies in responding to various
State Attorney General inquiries.
 Represented telecommunications/technology company in the successful defense of consumer class action alleging
violation of the Telephone Consumer Protection Act. The case settled favorably on an individual basis after defeat of
plaintiff's motion for class certification.
 Represented telecommunications/technology company in defense of a consumer class action alleging violation of
Washington consumer protection statutes based on alleged unauthorized text messages and charges to cell phone
customers.
 Represented sports accessory company, and their officers and directors, in defense of twenty-two class actions filed in
four separate states alleging false advertising and violation of state consumer protection statutes.
 Represented athlete endorsers of consumer product in class action alleging false advertising and violation of state
consumer protection statutes based on their product endorsement.
 Obtained dismissal prior to class certification of three separate class actions alleging false advertising and unfair
competition against Southern California's largest mattress retailer and a national mattress manufacturer.
 Represented national telecommunications company in wage and hour class action litigation. Case settled on favorable
basis after successful motions to limit recovery period and appeal to the Ninth Circuit Court of Appeals.
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Business Litigation
 Represented national ratings agency in its successful First Amendment-based defense of billion dollar claims arising
from nation’s largest municipal bankruptcy. After successful summary judgment motion and opposition to good faith
settlement motions, the case was settled for a minimal amount on very favorable terms.
 Represented major shopping center REIT in three-month jury trial related to dispute over prime site for shopping
center. Jury returned a unanimous verdict on business tort and unfair competition claims, and awarded over $6 million
to Mr. Allison's client, as well as finding malice necessary for punitive damages.
 Represented major bank in arbitration relating to sale of bank’s interest in commercial office building. Arbitrator found
for bank on all substantive issues.
 Represented asphalt emulsions producer in fraud and intentional interference claims against largest chemical company
in the world. After complete defeat of defendant's motion for summary judgment, (Western Emulsions, Inc. v. BASF
Corporation, 2007 WL 1839718 (C.D. Cal.)) case was settled on a confidential basis.
 Represented several major grocery chains in litigation related to shopping center development, commercial leasing,
exclusive use restrictions, and nuisance claims.
Insurance/Health Care Litigation
 Represented health insurance plan in two-week jury trial relating to claim by home infusion provider seeking exorbitant
charges for its provision of drugs to one of plan’s members. Jury returned unanimous defense verdict for Mr. Allison’s
client on breach of contract and fraud claims, after court granted directed verdict on the punitive damages claim.
 Representing insurers in defense of numerous insurance coverage/bad faith actions seeking hundreds of millions of
dollars in coverage under historic insurance policies for mass tort and environmental claims.
 Representing health care plans and their administrator and/or insurer in numerous bad faith and ERISA actions relating
to claims for coverage under health care insurance policies, as well as contractual and payment disputes with health
care providers.
 Obtained dismissal on federal preemption grounds of tort claims against Medicare Advantage plan based on the
managed care system of financial incentives. Dismissal was affirmed on appeal in Yarick v. PacifiCare of California, 179
Cal. App. 4th 1158 (2009).
 Obtained dismissal on federal preemption grounds of contract and bad faith claims against Medicare Advantage plan.
Intellectual Property/Technology Litigation
 Represented largest exporter of U.S. beef to Korea in 5-week jury trial on trademark, contract, and unfair competition
tort claims. After partial verdict and favorable post-trial rulings, case was settled for over $13 million to Mr. Allison's
clients.
 Represented rights clearance agency and national consumer products company in disputes over licensing of songs
performed by the Village People.
 Represented rock band Guns N' Roses in trademark litigation related to release of Greatest Hits album.
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Civic and Community Activities
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Chair, Board of Directors, Orange County United Way (2014-present)
Board of Directors, Orange County United Way (2005-present)
Campaign Cabinet, Orange County United Way (2012-2014)
Community Investment Cabinet, Orange County United Way, Chair (2008-2012), Vice-chair (2006-2008)
Chair / Vice-Chair, Keeping Kids on Track Initiative, Orange County United Way (2002-2006)
Alexis de Tocqueville Society, Orange County United Way (2006-present)
Bench & Bar Society, Orange County United Way (2006-present)
Public Law Center, Fund Development Committee (2010-2012), Annual Dinner Committee (2005-2009)
Admissions/Affiliations
Admitted to practice: California, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court: Central District of California,
Southern District of California, Eastern District of California, Northern District of California, District of New Jersey, District of
Colorado, Western District of Wisconsin
Awards and Honors
Named a "Southern California Super Lawyer" in 2012, 2013, and 2015.
Education
 Georgetown University Law Center, J.D., magna cum laude and Order of the Coif, notes editor, Georgetown Law Journal
 Messiah College, B.A., political science, magna cum laude
Speaking Engagements
 "Risk and Reward: What You Should Know About Regulatory and Litigation Risk Affecting Your Company’s Marketing
Strategies in 2015," Association of Corporate Counsel, Southern California (January 21, 2015). Presenters: Steven D.
Allison, David Ervin, and Van-Dzung Vu Nguyen.
 "Civil Litigation Practice Year in Review," California Continuing Education of the Bar (January 10, 2015). Presenter:
Steven D. Allison.
 "Navigating the New Regulatory Landscape: Developments in Consumer Protection, Advertising and Privacy at the
Agencies and in the Courts," Association of Corporate Counsel, Southern California (June 26, 2014). Presenters: Steven
D. Allison and Cheryl A. Falvey.
 "Managed Care Litigation," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Los Angeles, CA (May
13, 2014). Presenters: William A. Helvestine and Steven D. Allison.
 "Recovery Theories and Opportunities: A New Way of Thinking for Your In-House Legal Department," Orange County
Bar Association Corporate Counsel Section Meeting (April 8, 2014). Presenters: Steven D. Allison and Daniel A. Sasse.
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 "Turning the Corporate Legal Department into a Profit Center," Association of Corporate Counsel Southern California
Chapter (June 24, 2013). Presenters: Daniel A. Sasse, Jennifer S. Romano, Jason C. Murray, and Steven D. Allison.
 "Recovery Opportunities for Retailers: Turning a Retail Law Department into a Profit Center in Retail Leasing, Antitrust
Litigation and Vendor Disputes," Retail Industry Leaders Association Retail Law Conference 2012 (November 2012).
Presenters: Gregory D. Call, Jennifer S. Romano, and Steve D. Allison.
 "Unfair Business Practices: 17200 & Beyond," California Continuing Education of the Bar (2003). Presenter: Steven D.
Allison.
 "Identifying and Using Insurance Coverage in Business Litigation," California Continuing Education of the Bar (2003).
Presenter: Steven D. Allison.
 "Recent Developments in California Civil Litigation," California Continuing Education of the Bar (2003). Presenter: Steven
D. Allison.
 "Fundamentals of Insurance Coverage," California Continuing Education of the Bar, (2002). Presenter: Steven D. Allison.
Publications
 "Litigation Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP
publication (January 2016). Contributors.
 "Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP
publication (January 2015). Contributors.
 "Social Media Mania: How Companies Are Addressing the Risks," Orange County Business Journal (June 7-13, 2010).
Author: Steven D. Allison.
 "California Legislation Provides the Option for Shorter and Less Expensive Jury Trials," Orange County Business Journal
(November 22-28, 2010). Author: Steven D. Allison.
 "Be Prepared, Be Proactive, and Be Patient' in Product Liability Litigation and Dispute Resolution: Leading Lawyers on
Strategizing for Trial, Defending Cases, and Negotiating Settlements," Aspatore Books, (2008). Author: Steven D. Allison.
Alerts & Newsletters
 "Reminder: New TCPA Regulations Requiring 'Prior Express Written Consent' From Consumers Effective on October 16,
2013," Advertising & Product Risk Management Alert (October 4, 2013). Contacts: Jeffrey L. Poston, Christopher A. Cole,
Steven D. Allison.
Press Releases
 Crowell & Moring Establishes Endowed Diversity Scholarship at the University of California, Irvine School of Law
(Dec.18.2015)
 Super Lawyers Recognizes 90 Crowell & Moring Attorneys (Oct.27.2015)
 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast (Jan.13.2015)
 Crowell & Moring's Insurance/Reinsurance Group Nominated for Chambers USA "Award of Excellence" (May.27.2014)
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 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys (Sep.01.2013)
 Crowell & Moring Adds Prominent Commercial Litigation Partner in Orange County Office (Feb.23.2012)
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