Allen I. Hirsch

Of Counsel

Fax: 404.873.8661
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Allen is of counsel in the Litigation & Disputes Resolution practice. He has been with the firm for 40 years, and a partner for 37 years, during which time he has served as chair of the Litigation Practice Group (1982-87); a member of the Firm’s Executive Committee (1986-2008); and Managing Partner of the Firm (1989-95). Allen is currently a member of the firm’s Professional Development Committee and Diversity Committee. Prior to joining Arnall Golden Gregory, Allen was an Assistant United States Attorney, and in 1970 was named by the Department of Justice as one of the 10 outstanding AUSA’s in the country.

Allen focuses his practice on complex commercial litigation with an emphasis on antitrust, Alternative Dispute Resolution, involving arbitration and mediation, government investigations, and compliance.

Allen has extensive trial experience before courts across the nation, including the successful representation of a client of the firm in a landmark antitrust case before the Supreme Court of the United States. He is a member of the American Arbitration Association (AAA) Panel for Commercial Litigation (1991–present) and a member of the AAA Panel for Complex Commercial Litigation (1993–present).  Allen is certified as a Mediator by the State of Georgia.

Allen has represented clients in the food manufacturing, distribution and retail sale for 40 years. He has specialized in arbitration matters, both as an advocate and an arbitrator, for 20 years.

Allen was a law clerk for Judge Elmo Holt in the Superior Court of Fulton County from 1968-69, and an Assistant United States Attorney from 1969-71, at which time he joined AGG. Allen served on the firm’s Executive Committee from 1986–2008, and chaired that Committee from 1989–1995. He also served as chair of the Litigation Practice Group from 1982–87.

Experience

  • Provided antitrust analysis and advice with respect to joint affiliation and clinical integration agreement.

  • Provided strategic advice on potential affiliations, including antitrust analysis.

  • Obtained a jury verdict in the United States District Court for the Northern District of Georgia for $3.5 million on a conspiracy to defraud client and her children of assets from the estate of her grandfather (the children’s great grandfather). Judgment was affirmed on appeal by the 11th Circuit Court of Appeals. After the defendant began to hide assets to avoid collection of judgment, filed a RICO suit against defendant and his trust which was settled for more than the original judgment.

  • Successfully defended an international retailer against charges of misappropriation of trade secrets and alleged Lanham Act violations on Motion for Summary Judgment in the United States District Court for the Northern District of Georgia; Affirmed in the 11th Circuit Court of Appeals.

  • Represented a major oil pipeline company in a $35 million arbitration involving contract interpretation and applicability.

  • Successfully obtained a $3 million arbitration award for rescission of a Securities Purchase Agreement for a title insurance company.

  • Obtained a jury verdict in the United States District Court for the Southern District of Ohio for $7.6 million on charges of securities fraud by a controlling person, against the CEO and CFO of a publicly traded industrial cleaning company located in Canton, Ohio growing out of the defendants’ sales of personal stock in the company.  Judgment affirmed on appeal by the 6th Circuit Court of Appeals.

  • Successfully defended Rollins Cotton Company in a $23 million voidable preference action brought by the trustee of a debtor’s estate in a bankruptcy of a cotton merchant in Memphis, Tenn. Affirmed in the United States District Court for the Western District of Tennessee and the 6th Circuit Court of Appeals, making new law under the UCC establishing that knowledge of a bailee of a security interest is sufficient to meet the requirements of perfection and attachment, rendering the payment of $23 million to the client within 90 days of filing bankruptcy was not a preference as creditor was secured.

  • Successfully defended Rich Products Corporation against charges of predatory pricing in violation of the Sherman Act and Robinson Patman Act in a four-week bench trial in the United States District Court for the Western District of New York.

  • Represented Southern Motor Carriers charged with a violation of Section 1 of the Sherman Act, more specifically price fixing with respect to Commercial Motor Carrier rates in Georgia, North Carolina, Tennessee, Alabama and Mississippi. After losing the case on Summary Judgment in the United States District Court for the Northern District of Georgia, the 5th Circuit Court of Appeals, and the 11th Circuit Court of Appeals, En banc, obtained victory in the United States Supreme Court on a 7-2 decision finding the activities in question to be immune from the Antitrust Laws under the State Action Doctrine first announced by the United States Supreme Court in 1945 in the case of Parker vs. Brown.

Credentials

  • University of Florida College of Law, Juris Doctor — 1967
  • University of Florida, Bachelor of Science - Business Administration — 1965
  • State of Georgia 1969
  • United States Court of Appeals for the Sixth Circuit 1992
  • United States Court of Appeals for the Fifth Circuit 1987
  • United States Court of Appeals for the Ninth Circuit 1985
  • United States Court of Appeals for the Eleventh Circuit 1981
  • United States Supreme Court 1973
  • United States District Court for the Northern District of Georgia 1969
    • American Arbitration Association—Commercial Arbitration Panel, 1992–present
    • American Arbitration Association—Large Complex Case Dispute Resolution Panel, 1993–present
    • Atlanta Volunteer Lawyer’s Foundation, Advisory Board, 1993–present (Chairperson 1998–2000)
    • American Bar Association—Section of Antitrust and Section of Litigation (Vice Chairperson—Private Litigation Committee, 1988–91)
    • Atlanta Bar Association—Section of Litigation, Continuing Legal Education (Chairperson 1981–82)
    • Lawyers Club of Atlanta
    • Assistant United States Attorney, Northern District of Georgia, 1969–71
    • Law Clerk, Honorable Judge Elmo Holt, Superior Court of Fulton County, 1968–69

Recognition

  • BTI Client Service All-Star, 2016
  • Best Lawyers in America (Commercial Litigation Law and Alternative Dispute Resolution Law), 2007–present
  • Georgia Super Lawyers (Business Litigation), 2004–2018
  • 10 Outstanding Assistant United States Attorneys in the Country, Department of Justice, 1970

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