Allen Foster is an experienced trial lawyer, having tried cases in 15 states and numerous federal courts. He is the principal author of the leading construction law treatise, Construction and Design Law, and was a senior lecturer in law at Duke Law School for ten years, teaching trial practice, construction law and commercial arbitration.
Allen served as the U.S. government representative to the International Agency Dispute Resolution Centre in Paris, was special litigation counsel to the Republican Party and has served as a commissioner to the National Commission on Uniform State Laws.
Areas of Concentration
· Complex civil litigation
· International and domestic arbitration
· Construction contracts and projects
· Intellectual property, including patents and trademarks
· Professional liability
· Commercial transactions
· Election law
Professional & Community Involvement
· Member, American Bar Association, Forum Committee on the Construction Industry
- Sections of Litigation, Arbitration Committee, Labor and Employment Discrimination Law (neutral member), Committee on Labor Arbitration and the Law of Collective Bargaining
· Member, American Law Institute, 1994-Present
- Advisor to Restatement of the Law (Third) Suretyship
· Member, Consultative Group, Restatement of the Law (Third) The Law Governing Lawyers
· Member, National Academy of Arbitrators
Awards & Recognition
· Listed, The Best Lawyers in America, Litigation - Construction, 2003-2014
· Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2007-2013
· Team Member, a Law360 "Product Liability Practice Group of the Year," 2011
· Team Member, a Law360 "Appellate Practice Group of the Year," 2010
· Listed, Washingtonian Magazine, "Top Lawyers in Washington," December 2004
· Selected, Legal Times, "Top 20 Leading Litigators in Washington," 2003
· Rated, AV Preeminent® 5.0 out of 5
· Represented Cato as amicus in U.S. Supreme Court.
· United States ex rel. MJ Research, Inc. Represented interest of the government in qui tam litigation concerning DNA sequencing machine.
· In re World War II Era Japanese Forced Labor Litigation. Represented plaintiffs who were enslaved by Japanese corporations during World War II.
· Perkin Elmer Corp. v MJ Research, Inc. Represented defendant in infringement case concerning patents on equipment for molecular biology research.
· American Medical Centers, Inc. v Pepsico, Inc. Represented plaintiff in first case tried before Russian Antimonopoly Commission in Moscow.
· Fordham v OneSoft Corporation. Represented plaintiff whose software inventions were misappropriated.
· Coyne Boehm, Inc. v US FDA. Represented advertising agencies in tobacco advertising ban litigation.
· Johnson v DeGrandy. Represented Hispanic republicans in Florida redistricting Voting Rights Act case in U.S. Supreme Court.
· Gingles v Thornburg. Represented African-American republicans in North Carolina redistricting Voting Rights Act case in U.S. Supreme Court.
· Lea v Cone Mills Corporation. Represented defendant in first Civil Rights Act case filed.
· Robinson v Lorillard Corporation. Represented defendant in seniority rights case under Civil Rights Act.
· US v Dowdy. Represented Congressman Dowdy in separation of powers case.
· Suarez Corporation Industries v Attorney General of West Virginia. Obtained dismissal of the defamation action brought against client by public official.
· Liggett Group, Inc. v Brown & Williamson Tobacco Co. Obtained $148 million trial court judgment in predatory pricing case.
· Biederman v Republic of Kazakhstan. Counseled $650 million arbitration over confiscation of interest in oil field.
· United Technologies, Inc. v Breed Automotive. Obtained $50 million award in breach of patent licensing dispute.
· OUR Scientific, Inc. v Electra Instruments, Inc. Represented patent validity case involving gamma ray technology for non-intrusive brain surgery.
· Roach v. Blossman Gas. Obtained defense verdict in gas explosion case.
· Lea Co. v North Carolina Department of Transportation. Obtained largest inverse condemnation award in North Carolina. Declared statutory interest provision unconstitutional.
· Cajun Electric Power Cooperative v Riley Stoker Corp. Defended boiler manufacturer from $760 million in claims by power company.
· Rector v Carrington, Coleman. Represented attorney and insurer in subrogation claim for legal malpractice arising out of FDIC v. Rector.
· FDIC v Boggs, et al. Represented Washington National Bank director in claims by FDIC after bank failure.
· FDIC v Inhofe. Represented Senator Inhofe in claims by FDIC on personal guaranty of insurance company loan.
· Counseled over 500 labor and commercial arbitrations.
· United States Government Representative, International Energy Agency Dispute Resolution Centre, Paris, France, 1983-Present
· American College of Construction Lawyers, 1990, (Fellow)
· Advisor, Governor's Task Force on Passenger Rail Transportation, 1988-1989
· Commissioner, National Commission on Uniform State Laws, 1985-1987
· Republican Candidate, Attorney General of North Carolina, 1984
· President, American College of Construction Arbitrators, 1983-1984
· Public Member, North Carolina Tax Review Board, 1975-1979
· Special Litigation Counsel to the Republican Party, achieving the Party's goal for more than 130 years, to abolish the statewide election of judges in North Carolina.
Publications & Presentations
Articles, Lectures & Publications
· Author, "The Law and Practice of Commercial Arbitration," Private Adjudication Center, Inc., Duke Law School, 1986
· Author, Construction and Design Law in the United States, 1984 (5 vols.)
· Author, "The Construction Law Adviser," Callaghan & Co. Monthly Newsletter, 1983