Steven Allison

Partner

Orange County
Business Phone: 949.622.2703
Business Fax: 949.622.2739

steven.allison@troutman.com

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Steve Allison is a trial attorney in the Litigation and Insurance/Reinsurance groups who represents clients in areas including complex business, class action, insurance coverage, health care, intellectual property, product liability, and real estate matters. He has defended numerous class actions in a variety of industries and regularly represents clients in trials, arbitrations and appeals.

Overview

Steve has handled the defense of significant nationwide consumer class actions for clients in the telecommunications/technology, financial services, retail, consumer products, and entertainment industries. In these class actions, Steve has successfully defended claims of unfair competition, false advertising, violation of the Telephone Consumer Protection Act, violation of numerous state consumer protection statutes, and product liability.

Steve also has deep experience in insurance coverage matters. He has represented insurers in matters asserting coverage for mass tort, environmental, and construction defect claims seeking hundreds of millions of dollars in insurance coverage. Steve has also brought affirmative claims on behalf of insurers to determine proper allocation and contribution for long-tail exposures.

His insurance experience also includes representation of health care insurers, plans and administrators. Steve has defended contract, bad faith and ERISA claims against those defendants, and has successfully asserted an array of preemption-based defenses to those claims. Steve’s advocacy in this area has included multiple jury trials and the handling of successful appeals.

Steve's practice also includes intellectual property and technology litigation relating to trademark, copyright, trade dress, trade secret, and right of publicity claims, as well as licensing disputes. He has handled these claims for clients in the entertainment, new media, publishing, technology, and retail/consumer products industries.

Finally, Steve has handled a wide variety of complex business disputes. In this area, he has special experience in handling claims in the grocery industry relating to real estate development and shopping center leasing.

Representative Matters

Class Action Litigation

  • Representing the regional banks in defense of class actions alleging violation of the Telephone Consumer Protection Act (TCPA) based on text messages sent through mobile banking programs.
  • Representing a financial services technology company in defense of a nationwide class action alleging violation of the Telephone Consumer Protection Act (TCPA) based on alleged calls made without consent.
  • Represented national eyewear retailers in two consumer class actions alleging violation of California consumer protection statutes based on a complex California regulatory scheme, as well as false advertising claims.
  • Represented mattress manufacturer in consumer class action alleging violations of California consumer protection and warranty statutes based on alleged terms and application of express product warranties.
  • Represented air conditioner manufacturer in statewide class action in Nevada alleging product defects in air conditioning units installed in over 60,000 homes throughout the state.
  • Represented major hotel management company in successful defense of class action alleging violation of the Telephone Consumer Protection Act (TCPA) based on alleged marketing calls to cell phones.
  • Represented several mobile phone content providers in the defense of eight consumer class actions filed throughout the country alleging violations of the Telephone Consumer Protection Act (TCPA) and various state consumer protection laws based on unauthorized charges to cell phone customers. Also represented these companies in responding to various State Attorney General inquiries.
  • Represented telecommunications/technology company in the successful defense of consumer class action alleging violation of the Telephone Consumer Protection Act (TCPA). The case settled favorably on an individual basis after defeat of plaintiff's motion for class certification.
  • Represented telecommunications/technology company in defense of a consumer class action alleging violation of Washington consumer protection statutes based on alleged unauthorized text messages and charges to cell phone customers.
  • Represented sports accessory company, and their officers and directors, in defense of twenty-two class actions filed in four separate states alleging false advertising and violation of state consumer protection statutes.
  • Represented athlete endorsers of consumer product in class action alleging false advertising and violation of state consumer protection statutes based on their product endorsement.
  • Obtained dismissal prior to class certification of three separate class actions alleging false advertising and unfair competition against Southern California's largest mattress retailer and a national mattress manufacturer.

Insurance/Health Care Litigation

  • Represented health insurance plan in two-week jury trial relating to claim by home infusion provider seeking exorbitant charges for its provision of drugs to one of plan’s members. Jury returned unanimous defense verdict for Mr. Allison’s client on breach of contract and fraud claims, after court granted directed verdict on the punitive damages claim. The jury verdict was then affirmed on appeal.
  • Representing insurer in defense of lawsuit seeking coverage and bad faith damages for environmental cleanup costs as a result of consent agreements entered with state environmental agencies and parallel lawsuit brought by water district relating to South Basin site in Orange County, California.
  • Represented insurer in defense of lawsuit seeking coverage and bad faith damages relating to underlying construction defect/products liability lawsuit resulting from failure of rooftop parking deck at shopping center in Honolulu, Hawaii.
  • Represented insurer in defense of lawsuit seeking coverage and bad faith damages for environmental cleanup costs as a result of a consent agreement with a state agency in Nevada. After the court granted motions for summary adjudication finding a lack of coverage for very significant portions of the claims, a favorable settlement was reached.
  • Obtained dismissal on federal preemption grounds of tort claims against Medicare Advantage health insurance plan based on the managed care system of financial incentives. Dismissal was affirmed on appeal in Yarick v. PacifiCare of California, 179 Cal. App. 4th 1158 (2009).
  • Obtained dismissal on federal preemption grounds of contract and bad faith claims against Medicare Advantage health insurance plan.

Business Litigation

  • Represented national ratings agency in its successful First Amendment-based defense of billion dollar claims arising from nation’s largest municipal bankruptcy. After successful summary judgment motion and opposition to good faith settlement motions, the case was settled for a minimal amount on very favorable terms.
  • Represented major shopping center REIT in three-month jury trial related to dispute over prime site for shopping center. Jury returned a unanimous verdict on business tort and unfair competition claims, and awarded over $6 million to Mr. Allison's client, as well as finding malice necessary for punitive damages.
  • Represented major bank in arbitration relating to sale of bank’s interest in commercial office building. Arbitrator found for bank on all substantive issues.
  • Represented asphalt emulsions producer in fraud and intentional interference claims against largest chemical company in the world. After complete defeat of defendant's motion for summary judgment, (Western Emulsions, Inc. v. BASF Corporation, 2007 WL 1839718 (C.D. Cal.)) case was settled on a confidential basis.
  • Represented several major grocery chains in litigation related to shopping center development, commercial leasing, exclusive use restrictions, and nuisance claims.
  • Represented national truck rental company in defense of product liability claims throughout California and Nevada.

Intellectual Property/Technology Litigation

  • Represented largest exporter of U.S. beef to Korea in 5-week jury trial on trademark, contract, and unfair competition tort claims. After partial verdict and favorable post-trial rulings, case was settled for over $13 million to Mr. Allison's clients.
  • Represented rights clearance agency and national consumer products company in disputes over licensing of songs performed by the Village People.
  • Represented rock band Guns N' Roses in trademark litigation related to release of Greatest Hits album.

Publications

  • "6 Ways Teaching A Law School Class Can Benefit Lawyers," Law360 (July 10, 2017). Authors: Steven D. Allison, and Samrah Mahmoud.
  • "Interpreting Duran v. US Bank in the Aftermath of Tyson," Law360 (May 3, 2016). Authors: Steven D. Allison, Josh Thomas Foust, and Colin M. Proksel.
  • "Supreme Court Limits Effect of Rule 68 for Class Actions in Campbell-Ewald," Advertising & Product Risk Management Alert (January 29, 2016). Contacts: Steven D. Allison, Robbie Rogart
  • "Litigation Forecast 2016: What Corporate Counsel Need to Know for the Year," a Crowell & Moring LLP publication (January 2016). Contributor.
  • "Class Actions - Battling on the Front End of Litigation," Crowell & Moring's Litigation Forecast 2016 (January 2016). Contributor: Steven Allison.

Speaking Engagements

  • "Helping Sales and Marketing Avoid an Anti-defamation, Infringement or Unfair Competition Claims from Competitors," ACC - In-House Counsel Conference, Anaheim, CA (January 27, 2016). Presenters: David Ervin, Steven D. Allison and Chahira Solh.

Professional and Community Involvement

  • Co-chair, President's Circle, Orange County United Way (2017-present)
  • Chair/Vice-Chair, Board of Directors, Orange County United Way (2012-2016)
  • Executive Committee, Orange County United Way (2012-2017)
  • Board of Directors, Orange County United Way (2005-2017)
  • Campaign Cabinet, Orange County United Way (2012-2014)
  • Community Investment Cabinet, Orange County United Way, Chair (2008-2012), Vice-chair (2006-2008)
  • Chair / Vice-Chair, Keeping Kids on Track Initiative, Orange County United Way (2002-2006)
  • Alexis de Tocqueville Society, Orange County United Way (2006-present)
  • Bench & Bar Society, Orange County United Way (2006-present)
  • Public Law Center, Fund Development Committee (2010-2012), Annual Dinner Committee (2005-2009)
  • Executive Committee, Sonenshine Pro Bono Reception (2016-present)

Rankings and Recognitions

  • Southern California Super Lawyer (2012, 2013, 2015 - 2017)

Professional Experience

  • Partner, Troutman Sanders, 2018-present
  • Partner, Crowell Moring LLP, 2012-2018
  • Partner, Dorsey & Whitney LLP, 2004-2012
  • Partner, Hodel Briggs Allison & Winter LLP, 2003 – 2004
  • Associate, Paul Hastings LLP, 1994 - 2003

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Education

  • Georgetown University Law Center, J.D., 1994
    magna cum laude, Order of the Coif
  • Messiah College, B.A., 1990
    magna cum laude

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Hawaii
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin