W. Allen Woolley

Allen Woolley is a Partner in the Litigation Department of Locke Lord. Over the course of his career, Allen has handled a wide variety of complex commercial, bankruptcy, environmental, employment, and product liability matters in both state and federal courts and has been recognized as a “Leading Lawyer” in the areas of Commercial Litigation, Class Action/Mass Tort Defense Law, Toxic Torts Defense Law, and Products Liability Defense Law. He has tried cases in both state and federal courts and has acted as lead counsel on litigation matters, appeals and arbitrations. As a commercial litigator, Allen has represented and counseled companies and individuals in contract, fiduciary duty, corporate governance, fraud and securities fraud, Anti-Terrorism Act, trade secret, and non-compete cases. Allen has defended major class action and mass tort lawsuits involving air and groundwater contamination, industrial accidents, and radioactive materials. Allen has also counseled and defended clients in products liability matters and employment cases, including high-profile EEOC and private class actions, wage and hour actions, and numerous challenges to withdrawal liability assessments by multi-employer pension plans.

Commercial and Bankruptcy Litigation

• Lead trial lawyer for Chinese heavy equipment manufacturer in 2019 federal jury trial seeking to recover more than $100 million for alleged misappropriation of trade secrets from leading domestic crane manufacturer. Case resolved during trial.
• Represented parents of American teenager killed by Hamas terrorists in high-profile action to enforce a $156 million judgment obtained under the federal Anti-Terrorism Act against the successors and alter egos of organizations previously found to have provided material support to Hamas.
• Prosecuting claims by major pharmaceutical manufacturer for breach of asset purchase agreement following acquisition of generic drug product lines in FTC-directed divestiture.
• Defended publicly traded online professional networking company in lawsuit brought by lender alleging violations of terms of warrants, securities laws, and Massachusetts unfair trade practices laws.
• Represented bankruptcy court-appointed Litigation Trustee in federal and state court cases against Comdisco, Inc.’s former senior management to enforce more than $74 million in promissory notes executed in connection with funding an employee stock option program. Co-lead counsel and trial lawyer in federal bench trial.
• Represented major real estate firm in expedited adversary proceeding in Lehman Brothers bankruptcy seeking to enjoin sale of residential properties throughout the United States. Injunction defeated following evidentiary hearing in bankruptcy court.
• Defended firearms manufacturer Sturm, Ruger in consolidated securities fraud class action claims filed on behalf of shareholders. Achieved court-approved class-wide settlement.
• Defended Motorola in securities fraud class action following the bankruptcy of the Iridium satellite telephone system. Managed discovery, development of expert case, and dispositive and Daubert motions. Settled claims following discovery and motion practice.
• Lead litigation partner in two-pronged effort to recoup investor’s losses in bankrupt bioenergy firm. Obtained partial recovery through settlement in bankruptcy case, then pursued state court fraud action to recover the remainder from the bankrupt entities’ insured directors and officers. Settled director and officer lawsuit after defeating defendants’ motions to dismiss.
• Lead partner in three related cases between online securities trading firm and its CEO arising from CEO’s whistleblower complaint alleging that company founder misused funds and violated securities laws. Defeated $40 million claim by company against CEO and ultimately obtained judgments against the company and founder for more than $2.7 million. Sanctions award against founder upheld by Seventh Circuit.
• Lead litigation partner in defense of $30 million breach of guarantee adversary proceeding in the Harnischfeger bankruptcy case. Disallowance of claims upheld by the U.S. District Court. In re Harnischfeger Industries, Inc., 316 B.R. 616 (D. Del. 2003).
• Lead trial and appellate lawyer in fraud litigation against consultant in connection with leasing of retail stores in a downtown Chicago shopping mall. Obtained judgment following bench trial for all requested relief and 100% of attorneys’ fees. Defended the judgment in the Illinois Court of Appeals. JMB/Urban 900 Development Partners, LTD. v. Hazan, 2013 IL App (1st) 113714-U.
• Lead litigation partner in bankruptcy adversary proceeding involving more than $60 million in claims against the estate of Trans World Airlines (TWA). Settlement permitted confirmation of a plan of reorganization.
• Represented Threshold Entertainment, the producer of the blockbuster “Mortal Kombat” movie and television series, in connection with the Midway Games bankruptcy. Brought adversary proceeding to adjudicate the extent of Threshold's interest in intellectual property rights and negotiated a “pass-through” of Threshold’s interests.
• Represented limited partners of REIT that formerly owned numerous high-profile urban shopping centers throughout the U.S. in derivative action alleging breach of fiduciary duties and breach of partnership agreement.
• Represented medical equipment supplier in preliminary injunction proceedings relating to $50 million bid to provide radiology equipment for new hospital. Negotiated three-party settlement with County and competing supplier.
• Represented venture capital firm in wind-down of insolvent subsidiary and related litigation. Coordinated litigation of more than a dozen lawsuits in three states. Negotiated global settlement of shareholder derivative action and related cases.

Environmental, Toxic Tort, and Products Liability Litigation

• Represented Chinese e-cigarette manufacturers in multiple products liability actions seeking to recover for injuries allegedly caused by defective vaping devices and batteries.  
• Defended Motorola for more than 10 years in connection with multiple class action lawsuits alleging personal injuries and property value diminution in Scottsdale and Phoenix, Arizona as a result of trichloroethylene in groundwater. Member of trial team in seven-month jury trial of landmark environmental case, Baker v. Motorola. Examined numerous fact and expert witnesses during jury trial of class property damage claims. Complete defense verdict included in the National Law Journal’s “Top Defense Verdicts” for 2001.
• Member of trial team during five-month jury trial of high-profile class action brought against Rocky Flats nuclear weapons facility contractors alleging diminution in property values in north Denver suburbs due to alleged releases of plutonium.
• Represented operator of Uranium mill in personal injury action brought by 200 plaintiffs alleging exposure to radioactive materials from mill operations. All claims dismissed voluntarily or following summary judgment.
• Represented chemical manufacturer in mass tort action brought by thousands of plaintiffs alleging chemical exposure following tank car explosion. Scope of damages claims reduced by challenge to key medical and causation experts.
• Represented various chemical and electronics manufacturers in declaratory judgment actions against insurers to obtain coverage for environmental cleanup costs and tort liability throughout the United States.
• Regularly represented and advised major automobile parts manufacturer in connection with products liability and product recall matters throughout the United States.
• Represented major household products manufacturer in class action alleging product defect in plug-in air fresheners. Defeated class certification and achieved settlements of individual actions.

Employment and Multiemployer Pension Plan Disputes

• Lead litigation partner in challenge to ERISA withdrawal liability assessment. Following three-day evidentiary hearing, arbitrator issued decision adopting our legal arguments. Arbitration decision upheld by the Northern District of Illinois and Seventh Circuit. See Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund v. CPC Logistics, Inc., 698 F.3d 346 (7th Cir. 2012).
• Regularly represent employers in multiemployer pension plan withdrawal liability disputes. Currently representing and advising major energy construction and engineering firm in connection with multiple high-dollar withdrawal liability issues.
• Lead counsel in multiple non-compete and employment contract cases brought by and against former partners of multinational human resources consulting firm. Argued and won appeal of dismissal of Massachusetts case in First Circuit Court of Appeals. Platten v. Hg Bermuda Exempted Limited, 437 F.3d 118 (1st Cir. 2006).
• Represented current employer of high-level telecommunications executive in non-compete litigation against former employer. Defeated former employer’s effort to obtain injunction to prevent employment of executive.
• Lead litigation partner in collective and class wage and hour action against temporary staffing agency alleging company-wide overtime pay violations. Achieved favorable, court-approved settlement after undermining the validity of the plaintiffs’ damages model.
• Represented Morgan Stanley in a high-profile EEOC class action alleging gender discrimination against female traders and salespeople. Case settled on the first morning of jury trial.
• Represented international engineering and construction firm, Foster Wheeler, in EEOC class action and related individual cases alleging racial and sexual harassment at a power plant construction site. Settled EEOC claims and first-chaired seven-day jury trial of a related discrimination case. As lead partner, obtained summary judgment and dismissal of other related claims relating to the same construction site. 

Pro Bono and Public Interest Representations

• Lead partner in wrongful termination case alleging retaliation for complaints of discriminatory treatment of Hispanic job applicants. Co-counsel with Chicago Lawyers’ Committee for Civil Rights Under Law and Mexican American Legal Defense and Education Fund (MALDEF).
• Court-appointed counsel and lead partner in multiple excessive force cases alleging unlawful beating of jail detainees. See, e.g., Walker v. Sheahan, 526 F.3d 973 (7th Cir. 2008).  
• Lead partner in class action against Illinois Department of Corrections alleging certain inmates were subject to unlawful conditions of confinement. After favorable settlement, case included as "Pro Bono Highlight" in American Lawyer article (January 3, 2002).

Reported Decisions

• Zydus Worldwide DMCC v. Teva API Inc., __ F. Supp. 3d __, 2020 ‎WL 2570043 (D.N.J. May 20, 2020)‎
• Simons v. Fox, 725 Fed. Appx. 402 (7th Cir. 2018)‎
• Simons v. Ditto Trade, Inc., 63 F. Supp.3d 874 (N.D. Ill. 2014)
• Simplexity, LLC v. Zeinfeld, 2013 WL 1457726 (Del. Ch. 2013)
• JMB/Urban 900 Development Partners, LTD. v. Hazan, 2013 IL App (1st) 113714-U
• U.S. Gas & Elec., Inc. v. Big Apple Energy, LLC, 705 F. Supp. 2d 216 (E.D.N.Y. 2010)
• U.S. Gas & Elec., Inc. v. Big Apple Energy, LLC, 667 F. Supp. 2d 237 (E.D.N.Y. 2009)
• Walker v. Sheahan, 526 F.3d 973 (7th Cir. 2008)
• Platten v. HG Bermuda Exempted Ltd., 437 F.3d 118 (1st Cir. 2006)
• Joy v. Hay Group, Inc., 403 F.3d 875 (7th Cir. 2005)
• Hay Group, Inc. v. Bassick, 2005 WL 2420415 (N.D. Ill. 2005)
• EEOC v. Morgan Stanley & Co., 324 F. Supp. 2d 451 (S.D.N.Y. 2004)
• In re Harnischfeger Industries, Inc., 316 B.R. 616 (D. Del. 2003)
• Malone v. Foster Wheeler Constructors, Inc., 2001 WL 1263664 (7th Cir. 2001)
• EEOC v. Foster Wheeler Constructors, Inc., 1999 WL 528196 (N.D. Ill. 1999)