Mark A. Allen

Mark Allen leads teams to analyze complex economic issues in commercial litigation. He has extensive expertise with matters involving mergers and acquisitions, corporate governance, and securities, as well as general damages issues. Mr. Allen’s industry experience includes aircraft manufacturing, banking, energy, labor, life sciences, real estate, and technology. He consults in all phases of commercial litigation and regulatory proceedings, working closely with counsel to develop economic and financial testimony for leading academic and industry experts.

Mr. Allen manages Cornerstone Research’s publications related to securities class action filings. He has also published research on estimating economic losses in damages awards. He speaks on topics related to breach of contract, torts, and labor and employment litigation.

Mergers and acquisitions

Mr. Allen has consulted on issues in a variety of M&A matters. His experience includes:

• Analyzing whether provisions in a merger agreement (including a material adverse change clause) were consistent with industry customs and practices
• Assessing acquisition sale processes to determine adherence to public company customs and practices in M&A transactions
• Analyzing factors that companies may consider in determining the scope of due diligence undertaken for a potential acquisition
• Assessing whether processes for determining information disclosure were comparable to public company customs and practices

Corporate governance

Mr. Allen has experience with issues related to breach of contract and breach of fiduciary duties, and has provided analysis in cases involving due diligence and disclosure by large public corporations. His experience includes:

• Analyzing allegations of corporate control based on such factors as ownership of shares outstanding, ability to direct company management and policies, and contractual arrangements
• Assessing alleged breach of fiduciary duty and conflict of interest related to actions undertaken by officers and directors in the context of an M&A transaction

Securities

Mr. Allen has consulted on numerous securities matters involving large market capitalization companies. His experience includes:

• Addressing issues related to securities class action litigation, as well as alleged securities fraud
• Analyzing economic issues, including loss causation and damages, in Rule 10b-5 and Section 11 matters
• Evaluating the duties of trustees in major residential mortgage-backed securities (RMBS) litigation
• Assessing rulemaking proposals by the Securities and Exchange Commission

Prior to joining Cornerstone Research, Mr. Allen was a vice president of Applied Economics Partners (AEP), a litigation consulting firm. Previously, he worked as a trial lawyer and litigator in Washington, DC, and Virginia. His experience included labor and employment, mass tort, and other commercial litigation cases in state and federal courts. He also participated in appellate practice before the U.S. Supreme Court, federal courts of appeals, and the Supreme Court of Virginia.