O’Melveny Worldwide

Craig McAllister is a versatile litigator who assists clients with complex litigation matters at both the trial and appellate levels. He has authored briefs in numerous federal and state courts on subjects that include ERISA, bankruptcy law, federal jurisdiction and procedure, criminal procedure, products liability, and constitutional law. A member of O’Melveny’s financial services group, Craig consistently earns clients’ trust through his attention to detail, mastery of the facts, and passion for legal writing.

Craig maintains an active pro bono practice focused on criminal defense, immigration, civil rights, and access to public benefits. Prior to joining O’Melveny, Craig served as a judicial clerk for Judge Claire R. Kelly at the US Court of International Trade.

ERISA Litigation

  • Successfully defended a global investment firm and outsourced investment officer in several cases involving breach of fiduciary duty claims based on the selection of proprietary investment options for its clients’ plans, including preparing a winning summary judgment brief that led to the disposal of all claims in one case.
  • Represented a data analytics and financial services company in putative class action involving breach of fiduciary duty claims arising from investment selections and recordkeeping fees in connection with a 401(k) plan.

Commercial Litigation

  • Represented investment fund in complex litigation stemming from Asia investment-related disputes, including in state court, bankruptcy court, and federal district court.
  • Represented manufacturer of household cleaning products in three cases filed in federal court involving claims of false advertising and deceptive business practices in connection with manufacturer’s recall of certain products.
  • Successfully opposed petition to take discovery under 28 U.S.C. § 1782 from major financial institution concerning its Japanese investment banking affiliate in connection with appraisal proceeding in the Tokyo District Court of Japan.
  • Successfully opposed petition to take discovery under 28 U.S.C. § 1782 from major financial institution concerning its UK-based subsidiary in connection with appraisal proceedings in the Supreme Court of Bermuda.
  • Defended private equity firm in seven cases involving alter-ego liability theories in connection with alleged injuries at franchises of firm affiliate’s indirect subsidiary. 
  • Represented technology company and energy company in proceedings before the US Court of International Trade involving challenges to certain tariffs imposed under Section 301 of the Trade Act of 1974.

Pro Bono

  • Co-authored successful appellate brief in the Court of Appeals for the Ninth Circuit challenging the district court’s jury instructions concerning deference to prison officials in federal inmate’s § 1983 action alleging Eighth Amendment violations, resulting in reversal and remand for a new trial.
  • Co-authored merits brief in precedent-setting appeal concerning the requirements for the prosecution to validly declare trial readiness under New York’s recently-amended speedy trial law. 
  • Co-authored appellate brief in criminal defendant’s successful appeal of sentence under a provision of New York’s Vehicle and Traffic Law, resulting in the judgment and sentence being vacated.
  • Representing clients in immigration proceedings, including a Guatemalan domestic violence survivor and asylum applicant in removal proceedings.
  • Assisted Legal Services NYC in screening clients and applying for public benefits and emergency economic relief during COVID-19 pandemic.
  • Represented domestic violence survivor in long-running, multijurisdictional family law proceeding.

Admissions

Bar Admissions

  • New York

Court Admissions

  • US Court of Appeals, Ninth Circuit
  • US Court of International Trade

Education

  • Brooklyn Law School, J.D., magna cum laude; Moot Court Honor Society; Brooklyn Journal of Corporate, Financial & Commercial Law; Alexander and Emily Mehr Memorial Price, awarded for outstanding advocacy in Moot Court competitions
  • Villanova University, B.A., Political Science

Professional Activities

Clerkships

  • Honorable Claire R. Kelly, US Court of International Trade, New York

Publications

  • “What About Small Businesses? The GDPR and its Consequences for Small, U.S.-Based Companies,” 12, Brook. J. Corp. Fin. & Com. L., 187 (2017).