Alan Howard
Seasoned trial lawyer Alan represents clients in complex commercial disputes, cross-border litigation, and domestic and international arbitrations.
Alan Howard skillfully manages clients engaged in multiple proceedings in multiple jurisdictions, including companies involved in high-stakes commercial contract disputes related to biosciences, telecommunications, manufacturing, production and distribution of goods, and technology and software issues.
Alan has successfully represented a number of parties to merger agreements in earnout and other disputed post-closing matters. He has represented manufacturers in disputes over alleged breaches of warrantability and other alleged product defects. He has defended companies and individual directors in shareholder class actions in state and federal courts, including in Delaware, California, New York, and Georgia. In addition, Alan has particular experience counseling companies on risk mitigation and risk allocation in their commercial agreements, as well as domestic and global joint ventures.
In addition to more than three decades of experience trying cases at the state and federal levels, Alan is experienced in arbitration proceedings under the rules of the American Arbitration Association, Judicial Arbitration and Mediation Services, and the International Chamber of Commerce (ICC). He has also served as an arbitrator in ICC proceedings and proceedings before the London Court of International Arbitration.
Maintaining a robust pro bono practice, Alan has worked closely with the Southern Poverty Law Center, an organization for which he served as chairman of the board of directors, on precedent-setting civil rights and immigrant justice litigation. Alan has been recognized by the American Bar Association, Public Justice, The American Lawyer, and the Financial Times for his service as lead counsel in an action involving claims of forced labor, trafficking in forced labor, civil RICO, discrimination, and fraud brought on behalf of hundreds of skilled workers from India. He also led litigation against a private prison company over its treatment of residents in an ICE detention center. Alan also worked on the prominent civil rights case involving the "Jena 6" in Louisiana.
Areas of focus
Education & Credentials
Education
- Harvard Law School, J.D., cum laude, 1987
- Yale University, B.A., magna cum laude, 1984
Bar and Court Admissions
-
New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
Professional Recognition
Listed in Thomson Reuters “Stand-out Lawyers,” 2024
Recognized by Super Lawyers Magazine as a New York Super Lawyer, 2018-2024
Awarded “Trial Lawyer of the Year” by Public Justice, 2015
Received “Global Pro Bono Dispute of the Year” and “Global Citizenship (Grand Prize Winner)” award from The American Lawyer, 2015
Recognized as “Innovative Lawyer of the Year,” Social Responsibility-Pro Bono Cases category by Financial Times, 2015
Received “Pro Bono Publico Award” from ABA Standing Committee on Pro Bono, 2014
Impact
Professional Leadership
- SPLC Action Fund, Chair of the Board, 2018-present
- Constitutional Rights Foundation, Board Member, 2022
- Southern Poverty Law Center, Board of Directors, Former Chair
Insights
Professional Experience
Experience
Alan’s representative matters include:
- Successfully representing founders and shareholders of a biosciences company in an ICC arbitration over milestone payments due under a merger agreement with a purchaser.
- Successfully defended a software technology company in a Judicial Arbitration and Mediation Services (JAMS) arbitration over an earnout dispute arising out of a merger and acquisition (M&A).
- Successfully represented a software operating system developer in an International Chamber of Commerce (ICC) arbitration involving a dispute over fees owed by a foreign licensee.
- Successfully resolved claims against a payment system provider arising out of a data breach at a restaurant chain.
- Successfully settled claims for consumer fraud and unjust enrichment asserted by putative national and New York plaintiff classes.
- Secured an arbitration award for breach and repudiation of a 15-year coal transportation agreement, over the assertion of a force majeure defense on behalf of railroad against an owner of coal-fired power generation plants.*
- Represented the owner of an environmental plant in a dispute with the plant operator over claims of force majeure.
- Handled multiple domestic and international arbitrations involving technology and software development and licensing agreements.
- Represented a private equity acquisition search firm in a dispute over a finder’s fee.
- Represented the manufacturer of industrial equipment in a dispute over an exclusive output contract.*
- Successfully defended an international financial institution against fraud claims in New York.*
- Represented companies and individual directors in the successful defense of shareholder class actions in state and federal courts, including in Delaware, California, New York, and Georgia.*
- Prevailed on behalf of an automotive parts manufacturer in an ICC arbitration arising out of the sale of a division, and specifically involving claims related to manufacturing processes.*
- Mediated a dispute on behalf of a worldwide leader in the development and supply of agricultural products involving a biotech licensing agreement.*
- Achieved an arbitration award for a major telecommunications company to enforce an indemnification agreement.*
- Represented an international infrastructure company in litigation relating to road and water projects in Africa.*
- Prevailed at trial on behalf of a retailer charged with theft of trade secrets.*
- Represented a global financial institution in mass tort litigation in the United States.*
- Achieved at arbitration an award in favor of international manufacturers of high-speed trains arising out of a development contract for a multibillion-dollar project in Asia.*
- Represented a manufacturer of high-speed trains in litigating and mediating its disputes with Amtrak relating to the construction of the Acela.*
- Arbitrated on behalf of an insurance company, a dispute arising out of the termination of software contracts.*
- Resolved breach of contract and patent litigation claims in the United States on behalf of a German medical device manufacturer.*
- Achieved a verdict at trial in favor of a telecommunications company in a false advertising lawsuit.*
- Successfully represented at trial a sporting goods manufacturer against patent licensing claims.*
- Defended to verdict individual and third-party payor claims against a tobacco manufacturer in smoking and health litigation.*
*Prior experience.