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Matthew P. Allen

Principal
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Offices

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+1.248.267.3290
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+1.248.879.2000
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+1.248.879.2001
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+1.312.460.4200
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+1.312.460.4201
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+1.212.704.4400
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+1.212.704.4410
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Education

Wayne State University Law School, J.D., 2000

State University of New York College at Fredonia, B.A. 1997

Bar Admissions

Court Admissions

U.S. Supreme Court

U.S. Court of Appeals 

  • Sixth Circuit

U.S. District Court

  • Eastern District of Michigan
  • Western District of Michigan
  • Northern District of Illinois
  • Southern District of New York

Matthew P. Allen is a litigator and trial lawyer who has tried and arbitrated a wide variety of cases in a wide variety of venues, from tough cases in the trenches of Detroit’s criminal courts to sophisticated multimillion-dollar international intellectual property and securities cases. He also is a skilled appellate lawyer who has handled a variety of cases in state and federal appellate courts.

In addition to handling complex litigation matters before trial and appellate courts, Matt has experience defending national class action lawsuits in federal court and arbitrating securities matters before the Financial Industry Regulatory Authority (FINRA). In addition, he has handled trade secret, construction and other commercial matters before the American Arbitration Association, and has tried an international arbitration in Stockholm, Sweden, under the Swedish Arbitration Act, in addition to handling other international litigation matters.

Matt has represented corporations and corporate officers in civil and criminal investigations and enforcement actions by the U.S. Securities and Exchange Commission, U.S. Federal Trade Commission, U.S. Department of Justice and the U.S. Department of Homeland Security. He has also tried numerous felony bench and jury trials, and conducted felony preliminary examinations, while serving as a Special Assistant Prosecuting Attorney in Wayne County (Detroit) Michigan.

Representative Matters

SECURITIES

Mortgage Securities Fraud Jury Trial
Lead trial lawyer in successful representation of CEO of mortgage security company in one of the largest mortgage securities fraud trials in Michigan history. The multi-week jury trial was the culmination of over three years of litigation that included more than 50 individual and institutional plaintiffs, 20 defendants, and parallel criminal investigations.

Securities, Derivative, and ERISA Multi-District Litigation Defense
Successfully represented officer of one of the world’s largest makers of auto parts in a multi-district securities, derivative, and ERISA action against the Company, its officers and executives, securities underwriters, outside auditors, suppliers, financial institutions, and which involved a parallel criminal investigation and SEC enforcement action, as well as related bankruptcy proceedings of relevant entities and individuals.

Merger & Acquisition Litigation
Represented directors and officers of selling companies sued by private equity purchasers alleging negligence and fraud in connection with pre-acquisition representations and warranties.

Securities Class Action Defense
Represented publicly-traded bank in securities class action involving claims of fraud relating to disclosures about a Consumer Financial Protection Bureau inquiry and investigation. Filed successful motion to dismiss the class action with prejudice.   

SEC Enforcement Action Defense
Successfully represented former officers for two of the world’s largest makers of auto parts in securities actions and parallel investigations by the US Department of Justice and US Securities and Exchange Commission.

SEC, State, and FINRA Regulatory Investigation and Examination Defense
Represent broker-dealers, investment advisers, and their adviser and registered representatives in an array of SEC, FINRA, and state-agency examinations, investigations, and enforcement actions.

Corporate Oppression and Dilution Cases
Represented Goldman Sachs private equity investment fund in federal litigation with a business development company alleging dilution of corporate ownership interests as a result of various share issuances, sales, and transfers.

Shareholder Oppression Litigation
Represented conglomerate of real estate development, construction, and management companies against former minority shareholders who alleged they were oppressed by being “frozen out” of their employment and ownership interests. The case included a counter-suit alleging that the former minority shareholders had embezzled and misappropriated company funds and assets, including the Companies’ trademark and copyright interests as well as investments and profits in South Asia.  The matter raised important procedural and jurisdictional questions regarding the interplay of federal court, state court, arbitration under the Michigan Uniform Arbitration Act, and discovery in South Asia.

FINRA Arbitrations
Represent broker-dealers and registered representatives in FINRA arbitrations involving an array of complex products and multi-party disputes.

ANTI-TRUST

Health Insurance Anti-Trust Litigation
Represented Aetna in an antitrust lawsuit against Blue Cross Blue Shield of Michigan based on allegations that Blue Cross entered into unlawful most-favored-nations contracts with hospitals in Michigan that unlawfully elevated competitors' hospital rates and thwarted competition.

FTC Antitrust Investigation
Represented one of the world's largest commercial real estate and investment companies in FTC antitrust investigation.

FTC Consumer Protection Administrative Enforcement Action
Represented prominent university professor in FTC administrative proceeding alleging violation of federal consumer protection laws.

INTERNATIONAL AND INTELLECTUAL PROPERTY

Foreign Sovereign Immunities Act
Lead counsel representing Aviation Industry Corporation of China, the largest state-owned enterprise in China, in a lawsuit brought by a company alleging potentially tens of millions of dollars in fees and commissions relating to the sale by General Motors of Nexteer Automotive.  The case raised important issues regarding the application of the Foreign Sovereign Immunities Act and involved litigation and argument over four years in federal trial and appellate courts.

International Corporate Espionage Investigations
Represented companies investigating and prosecuting international intellectual property poachers and saboteurs. Worked with U.S. and international legal authorities, agencies, and institutions to investigate and prosecute offenders. Counseled companies on timing and substance of parallel civil litigation.

International IP Arbitrations
Defeated multi-million dollar claims against a client, and prevailed on a counterclaim, in a highly complex intellectual property dispute tried in Stockholm, Sweden, under Swedish law and the Swedish Arbitration Act.

Military IP Arbitration
Defended manufacturer and distributor of patented and trade secret dual stage recoverable energy absorption designs used by US and foreign military units.

Extensive IP Litigation and Arbitration Experience
Experience representing various companies and individuals in IP disputes involving complex jurisdictional, IP, and technology questions in industries spanning automotive, medical device, software, military, among others. Matt has experience representing clients in multiple jurisdictions and forums regarding the same dispute, including dual track state and federal equitable litigation being tried simultaneously with an arbitration for damages.

BUSINESS

Chinese Fiberglass Manufacturer Litigation
Represented a China-based manufacturer of fiberglass products in a multi-million dollar international dispute in federal court in Chicago, resulting in a successful settlement with a US vendor and competitor that solidified and increased the client’s business and market share across the United States.

International Property Management Litigation
Represented one of the largest commercial real estate and investment companies in the world in a dispute relating to property in the Middle East

Business and Commercial Litigation and Dispute Resolution
Represents a host of businesses, companies, and executives in an array of business and commercial disputes and litigation, always seeking ways to negotiate successful resolutions to those disputes that achieves the best result for the client’s business and bottom line.

Honors

Best Lawyers in America, Commercial Litigation 2013-present

Michigan Super Lawyers, Business Litigation, 2014; Rising Star, Business Litigation 2009, 2013

National Institute for Trial Advocacy, Trial Skills Diploma

Law Clerk to the Hon. Lawrence P. Zatkoff, Chief Judge, U.S. District Court for the Eastern District of Michigan, 2000-2002

Wayne State University Law School, Editor-in-Chief, The Wayne Law Review; Recipient of the Jason L. Honigman Scholarship Award

State University of New York College at Fredonia, cum laude; Member of Pi Sigma Alpha--The National Political Science Honor Society; Member of Men's NCAA varsity ice hockey team

St. Bonaventure University, Member of Men's NCAA varsity ice hockey team

Law Clerk, Air Force Legal Services Agency, Washington, D.C.

Brother Rice High School

Professional Activities

American Bar Association, SEC Enforcement Subcommittee Co-chair

Federal Bar Association, Executive Board Member for Eastern District of Michigan Chapter and co-chair of various committees

International Bar Association

State Bar of Michigan

State Bar of New York

State Bar of Illinois

U.S. District Court for the Eastern District of Michigan, Local Rules Advisory Committee

Oakland County Bar Association, Master in Oakland County Inn of Court program

American Intellectual Property Law Association

Brother Rice Warrior Bar Association

Civic, Cultural & Social Activities

Crossroads For Youth, Inc., Board of Directors, 2007-2016

J. Reuben Clark Law Society, Detroit Chapter Board of Directors, 2007-2016

Leadership Oakland XVII Cornerstone Program

Speeches

"Win-Win Michigan: SEC Whistleblower Program," Crain's Detroit Business

"Joint Defense Agreements: Benefits, Pitfalls, and Best Practices," (Co-presenter), State Bar of Michigan, Business Law Section, Commercial Litigation Committee, Webinar

"Suitability of Variable Annuities," Miller Canfield's Before the Bell Breakfast Forum, Birmingham, Michigan

Publications

"Supreme Court Affirms Broader View of 'Personal Benefits' that Can Trigger Insider-Trading Liability," American Bar Association, Dec. 12, 2016

"The SEC Whistleblower Program – What Employers Need to Know," Michigan Business Law Journal, Spring 2014

"The SEC Whistleblower Program – What Employers Need to Know," Michigan Defense Quarterly, February 2014

"The SEC Cooperation Initiative and Its Criminal Roots" February 27, 2013

"High Stakes Sleuthing: Handling Corporate and IP Espionage Matters in the Information Age," Litigation Strategies for Intellectual Property Cases, 2012 ed., 137-69, Aspatore Books from Thomson Reuters Westlaw

"U.S. Federal Circuit Upholds U.S. International Trade Commission’s Authority to Ban Importation of Products Containing Trade Secrets Misappropriated by a Chinese Company in China," "Case Study: TianRui v. ITC," Expert Analysis, Law360; North American Free Trade & Investment Report, November 30, 2011

"The New Form ADV Part 2 and the 'Plain English' Movement of the SEC, FINRA, and Michigan's OFIR," (Co-Author), Michigan Business Law Journal, State Bar of Michigan, Spring 2011

“A Lesson from History, Roosevelt to Obama—the Evolution of Broker-Dealer Regulation: from Self-Regulation, Arbitration, and Suitability to Federal Regulation, Litigation, and Fiduciary Duty,” Moritz College of Law, Ohio State University, Entrepreneurial Business Law Journal, Vol. 5, No. 1, 2010

“SEC Opens the Door for Climate Change-Related Shareholder Proposals and Disclosure Requirements, With Potential New Liabilities for Public Companies,” (Co-author), Securities Regulation & Law Report BNA, 42 SRLR, March 1, 2010

Evidence, Annual Survey of Sixth Circuit Law, (Co-author), 2002 L.Rev. M.S.U.-D.C.L. 525; 2001 L.Rev. M.S.U.-D.C.L. 725

Articles