Olshan Law: Attorney Profiles: Allen R. Wolff

ALLEN R. WOLFF
Partner / New York

Mr. Wolff has been practicing law for nearly 20 years. He concentrates in the area of litigation and dispute resolution with an emphasis on commercial litigation, construction litigation, and insurance litigation. His experience includes representation of business entities on complex construction and engineering disputes, as well as insurance coverage disputes. Mr. Wolff is a frequent lecturer on Federal practice and procedure, complex construction law issues, and insurance coverage. Mr. Wolff became a lawyer after serving as an officer in the U.S. Army for more than five years, including three years as a paratrooper.

Mr. Wolff has been given an "AV Preeminent 5.0 out of 5" rating by the Martindale-Hubbell organization, which is the highest rating that can be conferred upon an individual attorney or law firm. He has also been named to AVENUE Magazine's "Legal Elite Litigation List". Mr. Wolff is one of a small number of attorneys in New York to be nominated and selected as a Fellow of the Litigation Counsel of America. This national honorary society accepts less than one-half of one percent of all attorneys as Fellows. Fellowship selection is by invitation only and is based on proven effectiveness and accomplishment in trial and appellate practice, as well as a superior ethical reputation. Mr. Wolff became a Fellow in 2011.

Prior to joining Olshan, Mr. Wolff was a partner at Carlsmith Ball LLP, a large Pacific Rim firm based in Hawaii.

REPRESENTATIVE MATTERS
Construction Litigation/Arbitration/Mediation
• Defended general contractor in suit brought by sub-contractors for wrongful termination of their contracts in construction project. Successfully demonstrated in trial, with help from expert witnesses, that subcontractor had not properly performed or managed contract nor met specifications. Verdict in client's favor.

• Representation of New York shopping center developer on delay and change order claims involving construction of anchor store.

• Represented luxury condominium developer in dispute with construction contractors regarding failure to follow project specifications and failure to meet project deadlines. Case involved significant liquidated damages concerns. Resulted in favorable settlement for client.

• Representation of numerous retailers including Diesel, Esprit, Tommy Hilfiger, Sur la Table, and others relating to tenant improvement and build-outs of store spaces in locations all across the country. Assist with review of contracts, advice during construction regarding work and payment issues, disputes following construction involving mechanics' liens and defects, and insurance issues.

• Represented the owners and management of a luxury resort hotel in litigation, including a companion federal declaratory action, relating to errors in site work and soil compaction. Errors necessitated extensive repairs and rework to resort property. Settled out of court.

• Representation of property owners in New York regarding high-end renovations to residential premises. Assist with review of contracts, advice during construction regarding work and payment issues, and disputes following construction.

• Represented subcontractors as co-plaintiffs with U.S. Government in suit against general contractor for fraud arising out of contract work performed at Pearl Harbor. Case involved qui tam action and "whistle blower" issues. Successfully recovered approximately $1 million.

• Representation of New York condominium association regarding construction dispute and insurance coverage issues arising from work performed by contractor.

• Represented general contractor in large dispute with condominium association relating to multiple complex construction and engineering issues. Sucessfully mediated and settled case.

• Defended developer in construction litigation and arbitration relating to the engineering and construction of the festival marketplace at Aloha Tower. Presented evidence through expert and lay witnesses, contracts, drawings, and engineering analyses relating to design and contractual issues.

Commercial Litigation
• Represented client in international dispute over sales of goods relating to materials for construction of prefabricated homes. Complete defense verdict in client's favor as to all claims after extended bench trial.

Corporate Litigation
• Represented corporation, directors and majority stockholders in actions brought by former chief financial officer and former chief executive officer. Prosecuted extensive claims on behalf of corporation and succeeded in compelling arbitration of majority of issues. Favorable settlement for client.

Insurance Coverage
• Represented insurer in defense of bad faith and coverage claims brought by insured relating to settlement of earlier construction defects lawsuit. Summary judgment in favor of client as to all claims for coverage and bad faith as well as recovery of self-insured retention.

• Represented insurer in defense of bad faith and coverage claims for more than $8 million brought by insured and other insurers relating to construction defects and mold growth at large resort hotel in Waikiki. Summary judgment in favor of clients disposing of claims for indemnity, bad faith and punitive damages.

• Advised numerous clients, both insurer and insured, on issues relating to coverage, exclusions, subrogation, defense, indemnity and bad faith in property, casualty, and Director & Officer liability insurance matters.

Letter of Credit Dispute
• Represented financial institution facing competing demands for proceeds from international letter of credit. Successfully removed client from decision making role between the two parties. Defended financial institution against collateral attack by claiming parties.

Probate Litigation
• Defended estate of elderly woman with Alzheimer's disease against claims by real estate broker. Demonstrated that broker had taken undue advantage and failed in his fiduciary duties as broker by conveying real property assets using an invalid power of attorney. Favorable settlement for client.

Property Disputes
• Represented tenants involved in a dispute with their co-tenant over management and use of jointly owned property. Succeeded in establishing independent management of property and in recovering sums owed to clients by their co-tenant.

• Represented financial institution that held foreclosed property in matter where existing occupant of land claimed rights pursuant to trust document that purported to convey leasehold interest in real property. Case involved additional issues of environmental law. Favorable motions practice and settlement for client.

• Represented lending institution in suit against a group of multinational corporations to recover approximately $40 million on Waikiki hotel. Obtained receivership appointment for client. Case involved Hague Convention issues concerning service of process against foreign individuals and corporations.

• Represented large land-owning estate in landlord-tenant disputes relating to long-term leases for commercial property, including actions involving financial institutions with mortgages on tenant's interest in property.

Intellectual Property
• Represented manufacturer of goods that were alleged to be infringing copyrights. Successful early settlement of case that was favorable to client.

Computer Technology
• Represented Internet services company in defense of claims for breach of contract brought by another computer services company. Dispute involved arbitration and federal court litigation. Successfully concluded dispute in client's favor.

Administrative Law
• Represented utility company in contested case hearing relating to development of new power generating facility. State commission ruling in favor of client.

• Represented large general contractor in dispute with state over licensing issues relating to construction of wind power generation project.

BAR ADMISSIONS
2008, New York
1997, U.S. Court of Appeals 9th Circuit
1995, District of Columbia
1992, Hawaii
1992, U.S. Federal Courts

New York State Bar Association
Hawaii State Bar Association
American Bar Association
American Bar Association Forum on the Construction Industry
Association of the Bar of the City of New York Construction
Law Committee
District of Columbia Bar
Colonel, United States Army Reserve (Retired)
National Eagle Scout Association

DIRECTORSHIPS
Boy Scouts of America — Greater New York City Councils