Brent Allen focuses his practice on the litigation of complex business disputes on behalf of industry leaders, small companies and individuals. Brent has experience involving refinery operations, gasoline distribution, and natural gas gathering and processing. He also has experience in other industries ranging from manufactured forestry products to institutional investments to online gaming. Brent has practiced and published in areas such as class action defense, products liability, multidistrict litigation, insurance recovery, commercial contract disputes, patent and trademark, white collar criminal defense, False Claims Act and qui tam litigation, government and internal investigations, securities and FCPA issues, civil and criminal environmental violations, energy royalties, and corporate shareholder proxy litigation. The U.S. Supreme Court cited Brent's article "The Application of Domestic Patent Law Exported Software: 35 USC § 271 (f)," in a significant intellectual property ruling: Microsoft Corp. v. AT&T Corp., 127 S.Ct. 1746 (2007). Significant Representations · In re MTBE Products Liability Litigation. As national coordinating counsel for El Paso Corporation, managed defense of approximately 80 cases in several federal and state courts. Claims by state attorney generals, public water providers and private entities allege groundwater contamination from gasoline additive. The cases involve cutting-edge legal issues associated with market share and other collective liability theories, federal officer jurisdiction, electronic discovery and preservation, and public nuisance claims. · Berisha v. Amerada Hess Corp., et al. Defended several oil refiners and gasoline distributors against multi-state class action claims alleging environmental damage from gasoline additives. The case ended after the court denied the plaintiffs' class certification motion. · In re Natural Gas Royalties qui tam Litigation. Defended natural gas producers, processors and distributors in False Claims Act matters involving measurement of, and royalties for, natural gas. The court dismissed the plaintiff's claims on summary judgment. · Smith v. Tri-Continental Industries, Inc. Represented gasoline distributor in a case alleging personal injuries resulting from exposure to benzene in gasoline. Obtained a confidential settlement favorable to the client. · International Paper Company and Masonite Corporation v. Affiliated FM Insurance Company, et al. Part of a trial team that secured a $383 million jury verdict on behalf of International Paper and Masonite, arising out of the refusal of more than 20 insurance carriers to respond properly to a nationwide products liability class action. Combined with the $93 million jury verdict awarded in the first phase of the trial (including $68 million in punitive damages), the total jury verdict in the action exceeded $475 million, and was among top 30 jury verdicts nationwide for 2003. · Imagexpo, L.L.C. v. Microsoft Corp. Contributed to patent infringement case against Microsoft Corporation, which resulted in a $62.3 million jury verdict for client in November 2003. The case was among the top 30 jury verdicts nationwide for 2003. · ODS Technologies, L.P. v. Youbet.com, Inc. Represented a company in shareholder litigation and arbitration involving efforts to block an annual shareholder meeting, modifications to the company's bylaws and charter, and contested transfers of secured debt. The confidential settlement was favorable to the client. · SEC and DOJ investigation of an oilfield services company. Represented an accounting executive of a multinational oilfield services company in connection with DOJ and SEC investigations and a grand jury appearance relating to allegedly improper payments under the Foreign Corrupt Practices Act. Obtained a favorable resolution for the client. · DOJ investigation of a petrochemical manufacturer. Represented a senior executive at a national energy company in connection with a DOJ investigation and a grand jury appearance relating to alleged violations of Clean Air Act requirements at the company's refinery and alleged misreporting of petroleum releases. Obtained a favorable resolution for the client. · DOJ investigation involving health care services. Represented a law firm under investigation in connection with legal advice to health care provider. The case involved alleged FCA and Stark violations. Obtained a favorable resolution for the client. * Certain of the representations listed above were handled by Mr. Allen prior to his joining Greenberg Traurig, LLP. Professional & Community Involvement · Member, American Bar Association Awards & Recognition · Selected, a Law360 2011 Product Liability Practice Group of the Year Clerkship · Clerk, Honorable Joseph D. O'Keefe, Pennsylvania Court of Common Pleas, 1994-1995 Articles, Publications, & Lectures · Author, "Exported Software May Increase Patent Law Damages in U.S. Courts," Computer Law Association Bulletin, Vol. 20, No. 1, 2005 · Author, "The Application of Domestic Patent Law to Exported Software: 35 U.S.C. § 271(f)," University of Pennsylvania Journal of International Economic Law, Vol. 25, 2004 · Author, "Double Jeopardy and Environmental Crimes Under United States v. Halper," 1 Vand. Crim. L. Update, 34, 1995 · Author, "The First Amendment: The Need for An Expanded Interpretation," 47 Vand. L. Rev, 1073, 1994 |