Allen Burton is managing partner of O’Melveny’s New York office, chair of the firm’s Insurance Practice, and a member of the firm’s Policy Committee, its firmwide governing body. His practice focuses on complex litigation and arbitration matters, where he regularly acts as lead counsel in high-profile disputes with billions of dollars at stake.
Allen has succeeded at every stage of litigation and arbitration (both domestic and international)—winning front-page insurance disputes and bet-the-company contract cases at the pleading stage and trial, or negotiating favorable settlements for commercial clients in a wide range of industries. In addition to some of the nation's leading insurance companies, Allen regularly counsels businesses in the financial services, aviation, healthcare, and software industries. He has been recognized as a BTI Client Service All Star, in Super Lawyers, and by The Legal 500 US in securities litigation, product liability, and insurance. Under Allen’s leadership, O’Melveny’s Insurance Practice has been recognized as “Practice Group of the Year” by Law360 four times.
Allen also regularly represents pro bono clients, in matters ranging from education and domestic violence to civil rights and immigration. He also serves on the Board of NYC Outward Bound, a non-profit organization working to improve New York City public schools, and he is active in community service in his hometown of Chatham, New Jersey.
Insurance and Reinsurance Litigation and Arbitration
- Winning US$300 million fidelity bond arbitration on behalf of a tower of insurers arising from failure of broker-dealer
- Representing large insurer against claims from aircraft owners arising from alleged loss of leased aircraft in Russia after the invasion of Ukraine
- Representing insurer in numerous litigation and arbitration matters arising from the COVID-19 pandemic
- Winning reinsurance arbitrations on behalf of ceding companies arising from multi-hundred million dollar settlements
- Successfully defeating D&O coverage claims arising from corporate acquisition
- Defending insurer in connection with claims arising from multi-billion dollar 3M earplug settlement
- Obtaining dismissal on behalf of corporate parent company of large insurer on jurisdictional basis
- Representing insurer in London-based arbitration under Bermuda form policies
- Representing large insurer and financial services company in international arbitrations in France and Canada related to satellite insurance contracts
- Representing insurer in contract dispute litigation and arbitration in Switzerland
- Obtained favorable award as lead trial counsel for insurer in arbitration involving contract dispute
- Obtained favorable settlement for insurer in connection with satellite coverage dispute pending in New York and London
- Represented insurer and airport authority in multi-billion-dollar property damage lawsuits arising from the 9/11 terrorist attacks
- Represented financial institution in regulatory investigations concerning lender-placed insurance
- Represented insurer in coverage dispute arbitration in Brazil
- Achieved favorable outcome on behalf of multinational insurer in London and New York space law arbitrations
Financial Services Litigation
- Won dismissal with prejudice of claims against bank alleging aiding and abetting arising from US$40 million Ponzi scheme
- Won dismissal with prejudice of claims alleging fraud and related claims arising out of sale of collateral debt obligation
- Won dismissal with prejudice of putative class action against financial institution arising from “payday lender” activities
- Won dismissal with prejudice of putative class action against bank alleging inflated mortgage closing costs
- Defeated putative class action against financial institution alleging deceptive conduct related to statement fees
- Defended large financial institution against multi-billion-dollar successor-liability claims in state and federal courts
- Defended individual officers in securities fraud claims arising out of bankruptcy of a large supermarket chain
- Represented individual defendants in connection with securities class action and derivative claims pending in New York and Connecticut
- Represented software executive in DOJ and SEC investigations and against allegations of securities fraud and obstruction of justice
- Defended mortgage servicer in breach of contract claims
- Obtained dismissal for major financial firm in putative class action alleging violations of the Investment Advisors Act and state law based on the firm’s use of “cash sweep” accounts
- Defended two banks in putative class action and related bankruptcy court adversarial proceeding alleging that the banks aided and abetted a US$150 million dollar Ponzi scheme
- Defended broker-dealer in litigation, arbitration, and regulatory proceedings arising from the marketing and sale of auction-rate securities
- Represented leading financial firm and several employees in NASD arbitrations and litigation involving allegations of fraud and violations of federal securities law
- Defeated claims under Section 13(d) of the Securities Exchange Act on behalf of foreign corporate entity in a governance dispute
Additional International and Domestic Arbitration and Litigation
- Representing asphalt supplier in investment treaty arbitration against Dominican Republic
- Won US$35 million ICC arbitration on behalf of US software company involving breach of contract and fraud claims, and obtained US$2.3 million costs award
- Defeated subpoena under 28 U.S.C. § 1782 on behalf of syndicate of US banks in connection with CEITAC arbitration
- Represented energy company in investor-treaty arbitration with the Dominican Republic
- Represented electronics company in ICC arbitration involving intellectual property licensing agreement
- Represented health care company in JAMS and state court litigation arising from merger dispute and purchase price adjustment
- Represented leading financial firm and several of its employees in NASD arbitrations and litigation involving allegations of fraud and violations of federal securities laws
Mass Tort Defense
- Obtained summary judgment in favor of airport authority in wrongful death suit arising from the 9/11 terrorist attacks
- Won dismissal of wrongful death and personal injury claims against property manager arising from gas-pipeline explosion
- Defended airport authority in wrongful death claims arising from private jet airplane crash
- Defended real estate development company in property damage, wrongful death, and personal injury cases arising out of a crane collapse in New York
Admissions
Bar Admissions
- New York
- New Jersey
Court Admissions
- US District Court, District of New Jersey, Eastern and Southern Districts of New York
- US Court of Appeals, Second, Third, and Ninth Circuits
Education
- Fordham Law School, J.D., 2001, Associate Editor, Fordham Law Review
- Georgetown University, B.A., 1996, American Studies
Honors & Awards
- Recognized as a “Leading Lawyer” by The Legal 500 US for Insurance: Advice to Insurers (2024)
- Recommended by The Legal 500 US for Insurance: Advice to Insurers (2022-2023)
- Recommended by The Legal 500 US for Securities Litigation: Defense
- Recommended by The Legal 500 US for General Commercial Disputes (2023)
Professional Activities
Clerkships
- Honorable Federico A. Moreno, US District Court, Southern District of Florida (2001-2002)
Speaker
- ABA Insurance Coverage Litigation Committee CLE Seminar (2023)
- ARIAS Fall Conference (2022)
- “Understanding and Managing Client Expectations,” PLI, Fundamentals of Taking and Defending Depositions (2016)
- “Solutions and Remedies for Ethical Misconduct in International Arbitration,” ICDR Miami International Arbitration Conference (2016)
- “A Look Under the Hood: What Underwriters and Claim Handlers Should Know About the Arbitration Process,” Bermuda Insurance Market Conference (2014)
Author
- Co-Author, “The Hague Court of Arbitration for Aviation Continues to Soar,” O'Melveny Client Alert (September 26, 2023)
- Co-Author, “Taking a Stand: Putting Teeth into §11’s Standing Requirements for Shelf Registration Statements,” New York Law Journal (September 6, 2011)
- Electronic Discovery Practice Under the Federal Rules, BNA Books (2010)
- “Lawyers Beware,” Law Journal Newsletters, Business Crimes Bulletin, Vol. 12, No. 4 (May 2005)
Leadership
- Managing Partner, New York Office
- Firmwide Hiring Partner
- Firm Policy Committee
Related Practices
Related Industries