Alan Howard is a partner in Crowell & Moring's New York office. Alan is an accomplished trial attorney who has over two decades of experience handling litigation and arbitration matters domestically and internationally. He has tried cases to juries and judges in federal and state courts throughout the U.S. and to arbitrators in proceedings under the rules of the American Arbitration Association, JAMS, and the International Chamber of Commerce.
Alan focuses on commercial contract disputes, often involving manufacturing, production and/or distribution of goods, technology or software, or joint ventures. Alan also represents parties engaged in multiple proceedings in multiple jurisdictions and has particular experience representing foreign companies, and senior officers of foreign and domestic companies engaged in high stakes disputes. He has extensive experience representing financial institutions, and in particular, in the area of Anti-Money Laundering regulations and compliance. Alan also has tried a number of intellectual property matters, including patent cases, cases involving theft of trade secrets and disputes involving software providers.
Representative matters Alan has handled include:
- Successfully representing an automotive parts manufacturer in an ICC arbitration arising out of the sale of a division, and specifically involving claims related to manufacturing processes.
- Mediating on behalf of a worldwide leader in the development and supply of agricultural products a dispute involving a biotech licensing agreement.
- Obtaining an award for a major telecommunications company in an arbitration to enforce an indemnification agreement.
- Representing an international infrastructure company in litigation relating to road and water projects in Africa.
- Successfully defending companies and individual directors in shareholder class actions in state and federal courts, including most recently Delaware, New York, and Georgia.
- Successfully defending a retailer against theft of trade secret claims in a federal bench trial.
- Representing a global financial institution in mass tort litigation in the U.S.
- Obtaining an arbitration award in favor of international manufacturers of high-speed trains arising out of a development contract for a multi-billion dollar project in Asia.
- Litigating and mediating on behalf of a manufacturer of high speed trains disputes with Amtrak relating to the construction of the Acela.
- Successfully representing an insurance company in an arbitration arising out of the termination of software contracts.
- Successfully resolving a litigation in the U.S. on behalf of a German medical device manufacturer involving breach of contract and patent claims.
- Obtaining a verdict in a federal bench trial in favor of a major telecommunications company in a false advertising lawsuit.
- Successfully defending a sporting goods manufacturer against patent licensing claims in a federal jury trial.
- Successfully representing a major publisher of telephone directories in a consumer class action, which was dismissed on a defense motion.
- Obtaining defense verdicts in favor of a major tobacco manufacturer in smoking and health litigation.
Alan also does extensive pro bono work. He represented one of the defendants in the nationally prominent "Jena 6" proceedings in Louisiana, a case of national prominence for its civil rights implications. In a story featured in The American Lawyer in July 2009, as well as on CBS Evening News and CNN, Mr. Howard not only represented the youngest of the Jena 6 defendants, but became his guardian making him part of his family.
Alan was lead counsel for the named plaintiffs in David v. Signal International, LLC, an action brought on behalf of hundreds of skilled workers from India who were lured by false promises of green cards and forced to live in labor camps and work in marine fabrication facilities in Mississippi and Texas in 2006-2007. The action involved claims of forced labor, trafficking in forced labor, civil RICO, discrimination, and fraud. Alan led a team that handled the first trial, on behalf of five workers, that took place in January and February 2015 before a federal jury in New Orleans, Louisiana. That trial resulted in a verdict for plaintiffs on all claims against all defendants and an award of compensatory and punitive damages totaling over $14 million. This was one of the largest cases of its kind ever brought and one of the largest verdicts ever obtained in this type of case.
The success of Alan and his team on the Signal matter earned them Public Justice's 2015 Trial Lawyer of the Year Award. This award recognizes attorneys "who made the greatest contribution to the public interest within the past year by trying or settling a precedent-setting, socially significant case." Alan and his team were also recognized by the American Lawyer with awards for 2015 Global Pro Bono Dispute of the Year and 2015 Global Citizenship (Grand Prize Winner), and by the Financial Times as 2015 Innovative Lawyer of the Year in the Social Responsibility–Pro Bono Cases category. The Signal verdict also caught the attention of the U.S. Department of State, which, in its 2015 Trafficking in Persons Report, referenced Signal's $14 million judgment as "the largest ever awarded by a jury in a labor trafficking case in the United States."
In 2014, Alan was selected by the ABA Standing Committee on Pro Bono and Public Service as a recipient of one of the ABA Pro Bono Publico Award.
Alan is the chair of the Board of Directors of the Southern Poverty Law Center.
Admitted to practice: New York, Massachusetts (inactive).
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 7th Circuit
U.S. District Court, Southern and Eastern Districts of New York
Highlights, News & Knowledge
Speeches & Presentations
"The Art of Contracting: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts," Association of Corporate Counsel–New York City Chapter Signature CLE Program, New York, NY
(July 13, 2016).
Presenters: Edwin M. Baum, Alan Howard, Ilana Lubin and Paul J. Pollock.
"Working Together: A Case Study in Collaborative Law Firm Pro Bono," 2016 Pro Bono Institute Annual Conference, Washington, D.C.
(March 23, 2016).
Presenter: Alan Howard.
"Don't Sign that Yet!" Workshop 2, Crowell & Moring, New York, NY
(April 11, 2013).
Presenters: Joseph A. Adams, Edwin M. Baum, Alan Howard, and Paul J. Pollock.
"Don't Sign that Yet!" Workshop 1, Crowell & Moring, New York, NY
(February 12, 2013).
Presenters: Edwin M. Baum, Dickerson M. Downing, Alan Howard, and Paul J. Pollock.
Client Alerts & Newsletters
"Delaware Court of Chancery Holds Attorney-Client Privilege for Sellers' Pre-Merger Communications Transferred to Surviving Corporation in the Merger,"
(November 18, 2013).
Contact: Alan Howard
"Delaware Court of Chancery Upholds Validity of Forum Selection Bylaws,"
(July 1, 2013).
Contacts: Alan Howard, Edwin M. Baum
"Delaware Court of Chancery Applies Business Judgment Standard of Review to Going Private Merger Involving Controlling Stockholder,"
(May 30, 2013).
Contacts: Alan Howard, Edwin M. Baum
"Delaware Court of Chancery Decision Highlights Need for Care in Single-Bidder Sale Process,"
(May 28, 2013).
Contacts: Alan Howard, Edwin M. Baum
"Foreign Banks Subject to the Jurisdiction of New York Courts Based on Correspondent Accounts,"
International Trade Bulletin
(November 30, 2012).
Contacts: Alan Howard, Cari N. Stinebower
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