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New York, NY 10036


Allen Burton


Allen Burton is a partner in O’Melveny’s New York office and a member of the Litigation Department. Allen’s practice focuses on complex commercial litigation, including financial institutions disputes, insurance and reinsurance disputes, securities litigation, regulatory investigations, and mass tort defense. He has experience in federal and state courts, domestic and international arbitrations, and large scale mediations. Allen’s most recent successes include winning an international arbitration for a large insurer and financial institution, obtaining summary judgment in favor of an airport authority in the last wrongful death case arising out of the 9/11 terrorists attacks, and winning dismissal for a major financial institution of a putative class action alleging violations of federal and state law arising out of the use of cash sweep accounts. From 2011-2014, Allen was recognized as a Super Lawyers Rising Star, New York Metro Edition.

Illustrative Professional Experience

  • Defending large financial institution against multi-billion dollar successor-liability claims in state and federal courts
  • Obtaining favorable award as lead trial counsel for insurer in arbitration involving contract dispute
  • Defending individual officers in securities fraud claims arising out of the bankruptcy of a large supermarket chain
  • Defending broker-dealer in litigation, arbitration, and regulatory proceedings arising from its marketing and sale of auction-rate securities
  • Obtaining dismissal for a major financial firm in a multi-hundred million dollar putative class action alleging violations of the Investment Advisors Act and state law based on the use of “cash sweep” accounts
  • Defending two banks in a putative class action in California and related bankruptcy court adversarial proceeding in New York alleging that the banks aided and abetted a US$150 million dollar Ponzi scheme
  • Representing a leading financial firm and several of its employees in NASD arbitrations and litigation involving allegations of fraud and violations of federal securities laws
  • Representing an airport authority in multi-billion dollar property damage and wrongful death lawsuits arising out of the 9/11 terrorist attacks
  • Representing a large insurer and financial services company in international arbitrations in France and Canada related to satellite insurance contracts
  • Representing a software executive in DOJ and SEC investigations and related derivative actions involving allegations of securities fraud and obstruction of justice
  • Defending a health care company and certain of its officers and directors in a class action alleging securities law violations based on the company’s stock option grant practices
  • Defeating claims under Section 13(d) of the Securities Exchange Act on behalf of a foreign corporate entity in a governance dispute
  • Defending a real estate development company in property damage, wrongful death and personal injury cases arising out of the March 15, 2008 crane collapse in New York
  • Representing a sports and memorabilia company in breach of contract litigation arising out of a licensing agreement with foreign toy company, successfully defeating lost profits claims on summary judgment
  • Advising a telecommunications equipment company on document retention policies and litigation hold procedures

Professional Activities

Admitted to Practice, US District Court, District of New Jersey, Eastern and Southern Districts of New York; US Court of Appeals, Second, Third, and Ninth Circuits
Law Clerk,  Honorable Federico A. Moreno, US District Court, Southern District of Florida, 2001-2002
Author,  “Taking a Stand: Putting Teeth into §11’s Standing Requirements for Shelf Registration Statements,” New York Law Journal (Sept. 6, 2011) (with William J. Sushon); “Electronic Discovery Practice Under the Federal Rules,” BNA Books (2010); “Lawyers Beware,” Law Journal Newsletters, Business Crimes Bulletin, Vol. 12, No. 4 (May 2005); Clients and Counsel Beware: Judge Scheindlin’s Zubulake V Sets Standards for Compliance with the Obligation to Preserve and Produce Electronically-Stored Information” (August 2004)

Fordham Law School,  J.D., 2001, Associate Editor, Fordham Law Review
Georgetown University,  B.A., 1996, American Studies

New York; New Jersey