New York:
Times Square Tower
7 Times Square
New York, NY 10036


Allen Burton


Allen Burton is a pragmatic, business-conscious and highly skilled litigator focusing on complex commercial litigation, including financial services litigation, securities litigation, insurance and reinsurance disputes, regulatory investigations, and mass tort defense. Allen has achieved successful results at all stages of litigation and arbitration for clients that span a range of industries and operate in the financial services, insurance, aviation, and healthcare sectors.

Recent examples of successes include winning an international arbitration as lead trial counsel for an insurer and obtaining dismissals with prejudice of several complaints alleging fraud and breach of contract claims against major financial institutions.

Allen also serves as the firmwide Hiring Partner, responsible for recruiting efforts across O’Melveny’s fifteen offices. From 2011-2014, Allen was recognized as a Super Lawyers Rising Star, New York Metro Edition.

Illustrative Professional Experience

Securities and Financial Services Litigation

  • Winning dismissal with prejudice of claims alleging fraud and related claims arising out of sale of collateral debt obligation
  • Winning dismissal with prejudice of putative class action against financial institution arising from “payday lender” activities
  • Winning dismissal with prejudice of putative class action against bank alleging inflated mortgage closing costs
  • Defending large financial institution against multi-billion dollar successor-liability claims in state and federal courts
  • Defending individual officers in securities fraud claims arising out of bankruptcy of a large supermarket chain
  • Defending bank in customer claims alleging aiding and abetting arising from $40 million Ponzi-scheme
  • Representing software executive in DOJ and SEC investigations and related derivative actions involving allegations of securities fraud and obstruction of justice
  • Defending mortgage servicer in breach of contract claims
  • Obtaining dismissal for 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 putative class action and related bankruptcy court adversarial proceeding alleging that the banks aided and abetted a $150 million dollar Ponzi scheme
  • Defending broker-dealer in litigation, arbitration, and regulatory proceedings arising from its marketing and sale of auction-rate securities
  • Representing leading financial firm and several of its employees in NASD arbitrations and litigation involving allegations of fraud and violations of federal securities laws
  • Defeating claims under Section 13(d) of the Securities Exchange Act on behalf of foreign corporate entity in a governance dispute

Insurance Litigation

  • Obtaining favorable award as lead trial counsel for insurer in arbitration involving contract dispute
  • Representing large insurer and financial services company in international arbitrations in France and Canada related to satellite insurance contracts
  • Representing insurer and airport authority in multi-billion dollar property damage lawsuits arising from the 9/11 terrorist attacks

Mass Tort Defense

  • Obtaining summary judgment in favor of airport authority in wrongful death suit arising from the 9/11 terrorist attacks
  • Defending real estate development company in property damage, wrongful death, and personal injury cases arising out of a major crane collapse in New York

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)

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

New York; New Jersey