C. Allen Foster

C. Allen Foster

SENIOR COUNSEL
cafoster@wtplaw.com
WASHINGTON
T: 202.689.3153
F: 202.689.3163



C. Allen Foster is an experienced trial and international and domestic arbitration lawyer, having tried a wide range of commercial litigation cases in 15 states and numerous federal courts. His experience as an active trial attorney includes banking, regulatory, construction, insurance, intellectual property, professional malpractice and other matters.  His arbitration experience includes nearly 1,000 cases involving business disputes, investment treaty arbitrations, and construction and labor arbitrations.  He has served as the U.S. government representative to the International Agency Dispute Resolution Centre in Paris, was special litigation counsel to the Republican Party and served as a commissioner to the National Commission on Uniform State Laws.  In addition, he was a senior lecturer in law at Duke Law School for ten years, teaching trial and appellate practice and commercial arbitration.

Recognitions

  • Listed in Best Lawyers in America: Litigation, Construction, 2003 - Present
  • Listed in Washington, D.C. Super Lawyers: 2007 - Present
  • Team Member: a Law360 "Product Liability Practice Group of the Year," 2011   
  • Team Member: a Law360 "Appellate Practice Group of the Year," 2010
  • Listed, Washingtonian Magazine, "Top Lawyers in Washington," December 2004
  • Selected, Legal Times, "Top 20 Leading Litigators in Washington," 2003
  • Rated, AV Preeminent® 5.0 out of 5
 

Memberships & Activities

Professional Admissions

  • Member: American Bar Association, Forum Committee on the Construction Industry
    • Sections of Litigation, Arbitration Committee, Labor and Employment Discrimination Law (neutral member), Committee on Labor Arbitration and the Law of Collective Bargaining
  • Member: North Carolina Bar Association
    • Member, Council of the Section on Constitutional Rights and Responsibilities, Council of the Section of Labor and Employment Law;  member, Construction Law Section


Community Activities

  • President and, now, Chairman: St. George’s Chapel (Windsor Castle) USA Foundation (2005 - Present)
  • President: Brasenose College (Oxford) Charitable Foundation, Inc. (2005 - Present)
  • High Justice - International Order of St. Hubertus (Knight Grand Officer) (2014 - Present)
  • Companion: Order of St. John of Jerusalem (2011 - Present)
  • Co-founder: Secretary and Director of The Greensboro Day School (1970 - 1980)
  • Director: Greensboro Opera Company (1980 - 1983)
  • Attorney for and Director of the Young Women's Christian Association (1968 - 1973)
  • Alumni Council and Executive Committee of the Princeton University Alumni Association (1978 - 1979)
  • President: Princeton University Alumni Association of Middle North Carolina (1968 - 1980)
  • Executive Committee: Harvard Law School Association of North Carolina (1979 - Present)
  • Group Chairman: United Fund Drive (1979)


Public Offices and Appointments

  • United States Government Representative to the International Energy Agency Dispute Resolution Centre, Paris, France (1983 - Present)
  • Commissioner to the National Commission on Uniform State Laws (1985 - 1987)
  • Member: Legislative Study Commission on the Selection of Judges (1988 - 1989)
  • Advisor to Governor's Task Force on Passenger Rail Transportation (1988 - 1989)
  • Member: American Law Institute [Restatement of the Law (Third) (1994 - Present) Suretyship; Restatement of the Law (Third) Governing Lawyers, Restatement of the Law (Third) Torts
  • President: American College of Construction Arbitrators (1983 - 1984)
  • Fellow: American College of Construction Lawyers (1990 - Present)
  • Public Member: North Carolina Tax Review Board (1975 - 1979)
  • Republican candidate for Attorney General of North Carolina (1984)
  • Special Litigation Counsel to the North Carolina Republican Party (1987 - Present)
  • Member: Board of Directors of the American Arbitration Association (1980 - 1983)
  • Chairman: North Carolina Regional Advisory Council of the American Arbitration Association (1979 - 1983)
  • Best Lawyers Designation

Significant Representations

  • Biederman v Republic of Kazakhstan. Counseled $650 million arbitration over confiscation of interest in oil field
  • United Technologies, Inc. v Breed Automotive. Obtained $50 million award in breach of patent licensing dispute
  • Represented Railroad Development Corporation in first CAFTA arbitration
  • Represented national construction firm in contract dispute with Dominican Republic over toll highway claim
  • Represented Cato as amicus in U.S. Supreme Court
  • United States ex rel. MJ Research, Inc. Represented interest of the government in qui tam litigation concerning DNA sequencing machine
  • In re World War II Era Japanese Forced Labor Litigation. Represented plaintiffs who were enslaved by Japanese corporations during World War II
  • Perkin Elmer Corp. v MJ Research, Inc. Represented defendant in infringement case concerning patents on equipment for molecular biology research
  • American Medical Centers, Inc. v PepsiCo, Inc. Represented plaintiff in first case tried before Russian Antimonopoly Commission in Moscow
  • Fordham v OneSoft Corporation. Represented plaintiff whose software inventions were misappropriated
  • Coyne Boehm, Inc. v US FDA. Represented advertising agencies in tobacco advertising ban litigation
  • Johnson v DeGrandy. Represented Hispanic republicans in Florida redistricting Voting Rights Act case in U.S. Supreme Court
  • Gingles v Thornburg. Represented African-American Republicans in North Carolina redistricting Voting Rights Act case in U.S. Supreme Court
  • Lea v Cone Mills Corporation. Represented defendant in first Civil Rights Act case filed
  • Robinson v Lorillard Corporation. Represented defendant in seniority rights case under Civil Rights Act
  • US v Dowdy. Represented Congressman Dowdy in separation of powers case
  • Suarez Corporation Industries v Attorney General of West Virginia. Obtained dismissal of defamation action brought against client by public official
  • Liggett Group, Inc. v Brown & Williamson Tobacco Co. Obtained $148 million trial court judgment in predatory pricing case
  • OUR Scientific, Inc. v Electra Instruments, Inc. Represented patent validity case involving gamma ray technology for non-intrusive brain surgery
  • Roach v. Blossman Gas. Obtained defense verdict in gas explosion case
  • Lea Co. v North Carolina Department of Transportation. Obtained largest inverse condemnation award in North Carolina. Declared statutory interest provision unconstitutional
  • Cajun Electric Power Cooperative v Riley Stoker Corp. Defended boiler manufacturer from $760 million in claims by power company
  • Rector v Carrington, Coleman. Represented attorney and insurer in subrogation claim for legal malpractice arising out of FDIC v. Rector
  • FDIC v Boggs, et al. Represented Washington National Bank director in claims by FDIC after bank failure
  • FDIC v Inhofe. Represented Senator Inhofe in claims by FDIC on personal guaranty of insurance company loan
  • Counseled over 500 labor and commercial arbitrations
 

Noteworthy Experience

  • United States Government Representative, International Energy Agency Dispute Resolution Centre, Paris, France, 1983 - Present
  • Fellow, American College of Construction Lawyers, 1990
  • Advisor, Governor's Task Force on Passenger Rail Transportation, 1988 - 1989
  • Commissioner, National Commission on Uniform State Laws, 1985 - 1987
  • Republican Candidate, Attorney General of North Carolina, 1984
  • President, American College of Construction Arbitrators, 1983 - 1984
  • Public Member, North Carolina Tax Review Board, 1975 - 1979
  • Special Litigation Counsel to the Republican Party, achieving the Party's goal for more than 130 years, to abolish the statewide election of judges in North Carolina
PRESENTATIONS & PUBLICATIONS

Author: "The Law and Practice of Commercial Arbitration," Private Adjudication Center, Inc., Duke Law School, 1986

Author: Construction and Design Law in the United States, 1984 (5 vols.)

Author: "The Construction Law Adviser," Callaghan & Co. Monthly Newsletter, 1983

NEWS

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.