Thomas G. Allen

Defended a Japanese multinational engineering, electrical equipment, and electronics corporation against US$7 billion in nuclear plant shutdown claims due to alleged defects in critical nuclear components. An electric utility company sought damages for the full value of its investment in this ICC arbitration, claiming the plant could no longer safely operate. Acted as one of the lead lawyers, overseeing US$58 million in legal expenditures and a team of 10 lawyers. After a six-week hearing, the client prevailed and fully recovered its legal fees and costs.

Defeated 93% of damages in a US$700 million breach of fuel contract claim against a Japanese electric utility holding company. This was an ICC arbitration under New York law. The case surrounded force majeure claims owing to plant shutdowns post-Fukushima.

Represented a leading US solar technology company in multiple supply-chain disputes during the height of the COVID-19 pandemic with an emphasis on commercial resolution. Provided detailed contractual analysis of supply obligations and potential for excused performance under force majeure and other legal theories.

Negotiated a solar power plant construction dispute with one of Japan’s largest EPC contractors on behalf of a renewable energy company. Brought on to resolve the dispute or take the case to arbitration after a years-long negotiation process led by Japanese law firms. Obtained a satisfactory commercial resolution within five months of engagement.

Represented a leading global solar technology company in a dispute with the co-project owner regarding various call and put option rights within the development deal. Acted as lead counsel in this Japan Commercial Arbitration Association dispute governed by Japanese law and presided over by Japanese arbitrators. The client prevailed on all issues and was awarded its fees and costs.

Represented a leading global solar technology company in a dispute with an investment bank over the failed launch of an investment fund anchored by multiple solar projects. Negotiated resolution for less than 10% of the claimed amount.

Negotiated and drafted various amendments to financing and supplier agreements related to a mega-solar power plant in Texas.

Represented a US renewable energy developer in a dispute with an EPC contractor over a California solar project; helped negotiate an amicable resolution.

Represented a US electric utility company in various disputes related to the disposition of spent nuclear fuel and rights to recovery against the US government as between majority and minority plant owners. The client prevailed on the multijurisdictional matter with aspects before the Court of Federal Claims, Federal Circuit, New Jersey State Court, and private arbitration.

Defended a Japanese multinational engineering, electrical equipment, and electronics corporation against US$400 million in breach of contract and intellectual property infringement claims in an ICC arbitration seated in Zurich, Switzerland, surrounding cross-licensing of nuclear technology. The client defeated all claims and recovered more than US$12 million in counterclaims.

Drafted a nuclear fuel purchase contract between a Japanese electric utility company and a Swiss electric utility company.

Represented Korean EPC contractors in a dispute over the construction of re-gasification platforms for a Kuwaiti LNG project. The matter was heard before the ICC in Singapore.

Represented a startup nuclear fuel fabricator in a dispute with an investment banking firm over failed fundraising efforts. FINRA arbitration was the agreed-upon forum.

Acted for a national offshore engineering and construction company in a Saudi Arabia-based dispute concerning pipeline construction.

Represented a US nuclear utility company in a dispute with a contractor over the turnkey construction of a nuclear facility.

Represented a nuclear fuel fabricator in a dispute with a federal government over a program to down blend nuclear weaponry for use as fuel in nuclear reactors.

Negotiated an EPC contract for a battery storage project on behalf of the project owner.

Represented a Japanese battery manufacturer in National Transportation Safety Board proceedings and ICC arbitration related to Boeing 787 battery fires. The representation included engaging the NTSB during the accident investigation process both at the counsel and investigator levels. ICC arbitration proceedings related to a contract dispute with a French supplier. The arbitration was governed by French law.

Acted as lead US counsel in a global aviation row over defects impacting 120,000 airline seats worldwide. The client, a Japanese manufacturer of aircraft parts, was accused by a whistleblower of falsifying safety testing on seats broadly deployed in commercial aviation. Successfully negotiated a resolution with major airlines and airline manufacturers, settling hundreds of millions of claims and avoiding liquidation.

Drafted a global compliance program for a Japanese chemical conglomerate. The compliance program was designed to be the umbrella program covering 120 operating subsidiaries. The program was focused on anti-corruption/bribery, money laundering, forced labor, corporate governance, and environmental laws. This was a first-of-its-kind program for the company, requiring the creation of detailed reporting structures, training procedures, and documentation.

Conducted a Japanese government-commissioned study of applicable US and California law related to liability and procedure for nuclear accident claims.

Represented a global life sciences company in a cross-border patent licensing dispute with a Japanese chemical and life sciences conglomerate over royalties for since-expired blood testing patents. Led the negotiation and successfully resolved the matter to the satisfaction of the client.

Conducted analysis of scope of US sanctions against a Chinese state-owned entity. This was an internal legal matter for a law firm that related to onboarding a foreign client and included advising as to the scope of Specially Designated Nationals and Blocked Persons (SDN) lists administered by OFAC.

Drafted a global trade compliance program for a US manufacturer of musical instruments as a part of a DOJ settlement. This high-profile matter related to the congressional expansion of import bans on certain wood products and the subsequent seizure of truckloads of the company's products. As a part of a non-prosecution agreement with the government, obtained DOJ approval and implemented the compliance program to address the company's import and sourcing procedures. Acted as the liaison with the DOJ for required reporting intervals and authored the final report/certification ending the DOJ’s active monitoring of the program.

Assisted a Mexican steel company in obtaining relief from Section 232 tariffs. The representation included an analysis of investor treaty rights under NAFTA and whether the client could successfully assert a treaty claim if it did not obtain exemptions. The client was ultimately able to receive administrative relief through negotiation with the Department of Commerce.

Advised a North American federal government on procedural aspects of USMCA arbitration. Drafted proposed language and compared provisions to those existing under NAFTA.

Represented investors in an ISDS dispute against the government of a Eurasian country. The case involved alleged violation of a bilateral investment treaty, expropriation, and failing to accord the investors most-favored trade status.

Represented a company officer in an internal investigation related to FCPA compliance. This matter involved an analysis as to the extra-territorial application of US anti-corruption, anti-money-laundering, and anti-bribery statutes to US persons living abroad. It also involved recommendations to the board for an updated set of compliance procedures.

Represented a Canadian aerospace company in a Department of Labor whistleblower matter. The suit involved an investigation into allegations that the company failed to comply with aviation safety regulations in its design and manufacturing process. The matter additionally involved a US district court challenge to whether the foreign aircraft manufacturer was required to comply with certain US federal whistleblower provisions.