Allison K. Kostecka is a senior associate in the Denver office of Gibson, Dunn & Crutcher. She practices in the firm’s litigation department, where she focuses on complex commercial litigation, antitrust investigations and litigation, securities litigation, and data privacy. Since 2016, Allison has been recognized by Super Lawyers as a Colorado “Rising Star.”
Allison has represented companies in a range of complex, civil litigation matters. Allison has defended multiple companies in derivative lawsuits and securities class actions before federal and state courts. In addition, Allison has represented clients in a variety of antitrust and consumer protection matters before administrative bodies and federal courts. For the past ten years, Allison has a represented a large energy company in multiple federal court actions that exposed a fraudulently obtained, multi-billion dollar judgment against the company. In addition to working on extensive discovery, preliminary injunction actions, and both pre-and post-judgment motions practice related to this transnational matter, Allison was on both the trial and appellate teams.
Representative Securities Litigation and Derivative Matters:
- Trinity Industries, Inc.: Representing Trinity Industries, Inc. and certain of its officers in their defense of securities class action allegations based on an overturned jury verdict in a False Claims Act case.
- Patriarch Partners and Lynn Tilton: Represented Ms. Tilton and her companies in a variety federal and state court actions regarding ownership and control of multiple portfolio companies.
- Thompson Creek Metals Company Inc.: Defended Thompson Creek Metals Company and its officers and directors against an individual shareholder’s lawsuit alleging securities fraud and common law claims. The federal district court for the District of Colorado granted defendants’ motion for summary judgment, the Tenth Circuit affirmed, and the U.S. Supreme Court denied certiorari.
- Molycorp, Inc.: Defended Molycorp, Inc. and its outside Board members in connection with two different securities class actions filed in federal district courts in Colorado and New York, a consolidated shareholders derivative action against the directors pending in the Delaware Court of Chancery, consolidated shareholders derivative lawsuits against the directors pending in the federal court in Colorado; and related shareholder demands. In the securities class actions, both the federal courts in Colorado and New York granted the defendants’ motions to dismiss before the actions were ultimately settled. The related Delaware derivative action was dismissed on the pleadings.
- Gold Resources Corp.: Successfully defended Gold Resources Corp. and its directors and officers in derivative litigation and a parallel securities class action filed in the District of Colorado. The claims in both matters arose out of the company’s alleged misrepresentations to investors and a minor restatement of financial results. After the securities class action was dismissed on the pleadings, and the dismissal was affirmed by the Tenth Circuit, plaintiffs voluntarily dismissed the derivative action.
- FTV Capital: Defended individuals and FTV Capital private equity limited partners and general partner on LLC receiver’s breach of fiduciary duty claims. The case dismissed based by the state court on defendants’ motion and the dismissal was affirmed on appeal, with review denied by Colorado Supreme Court.
- SM Energy: Defended officers of SM Energy in a shareholder derivative action asserting claims of breach of fiduciary duty and unjust enrichment. The lawsuit, which was filed in Colorado state court, was dismissed on the pleadings and no appeal was filed.
- Advanced Emissions Solutions, Inc.: Defended Advanced Emissions and its officers in securities class actions filed in federal district court in Colorado after the company announced a restatement of its financial statements, and in related shareholder derivative lawsuits. While a motion to dismiss the securities class action was pending, the parties agreed to settle the class action and related derivative lawsuits.
Other Representative Commercial Litigation Matters:
- Johns Manville: Representing Johns Manville Corporation to defend antitrust and related claims brought by a competitor in federal district court in Colorado. The plaintiff’s initial complaint was dismissed on the pleadings. Johns Manville’s motion to dismiss the amended complaint is pending.
- Chevron Corporation: Represented Chevron Corporation in its successful RICO suit against the purveyors of what The Wall Street Journal called the legal “fraud of the century.” Since 2010, Allison has been an active member of the team that acted as lead counsel in Chevron’s RICO and fraud suit against the U.S. lawyer who masterminded an extortion scheme against Chevron that included fraudulently procuring a $9.2 billion Ecuadorian judgment against the company and carrying out an extortionate pressure campaign in the United States. Gibson Dunn obtained a trial verdict in favor of Chevron in 2014. Allison was also a member of the Gibson Dunn team that subsequently obtained Second Circuit affirmance of that trial verdict and persuaded the U.S. Supreme Court to deny review. Following 15 months of post-judgment enforcement proceedings, Allison continues to represent Chevron in post-judgment proceedings during which Chevron has secured a finding of willful contempt from the federal district court for the Southern District of New York against the U.S. lawyer for his violation of multiple court orders.
- Ingram Micro: Represented Ingram Micro in three antitrust cases against OtterBox and certain of its smart-phone case distributors, including Ingram Micro. The federal district court for the District of Colorado granted the defendants’ motion to dismiss the antitrust claims, but allowed discovery to proceed on state law tort claims. Ingram Micro settled the claims against it in 2018.
- Eclipse Aviation Corporation: Defended former employees of Eclipse Aviation Corporation on claims of negligent misrepresentation and alleged violations of New Mexico Unfair Practices Act in three cases in state court in New Mexico. These cases ultimately settled.
Allison is registered to practice law in the State of Colorado, as well as in the U.S. Courts of Appeal for the Tenth and Eleventh Circuits and the U.S. District Court for the District of Colorado.