Alan has more than 35 years of experience litigating and trying cases in state and federal courts and has extensive experience in arbitration and mediation. He has tried and arbitrated matters to judgment for plaintiffs and defendants relating to contract interpretation and breach; long-term supply agreements; force majeure; tortious interference; UCC Article 2; lending liability; state and federal banking regulations; state and federal RICO; restrictive covenants; trade secrets; breach of fiduciary duty; environmental damage and waste to real property; corporate ownership, control and governance; and will, trust and probate disputes.
Alan chaired FBT’s business litigation group, the firm’s largest practice group, for six years. He has argued cases to the Indiana Court of Appeals, Indiana Supreme Court, and 7th Circuit Court of Appeals, and has had primary responsibility for appellate briefs for the winning sides in key decisions involving contract formation (Mays v. Trump Indiana, 255 F.3d 351 (7th Cir. 2001)); lender liability (Wabash Grain, Inc. v. BankOne, 713 N.E.2d 323 (Ind.Ct.App. 1999)); foreign currency exchange and employer codes of conduct (Interactive Intelligence, Inc. v. KeyBank, 546 F.3d 897 (7th Cir. 2008)); trade secrets and RICO (AGS Capital Corp. v. Product Action Int’l. 884 N.E. 2d 295 (Ind.Ct.App. 2008)); promissory estoppel (Classic Cheesecake v. JPMorgan Chase, 546 F.3d 839 (7th Cir. 2008)); dissenting and minority shareholder rights (Fleming v. International Pizza, 676 N.E.2d 1051 (Ind. 1997)); and fiduciary duties among members and managers of LLCs (Purcell v. S. Hills Investments, LLC, 847 N.E.2d 991 (Ind.Ct.App. 2006)).
Alan is recognized as one of Indiana’s leading business litigators, receiving annual recognition in publications including Martindale-Hubbell® (AV rated); Best Lawyers in America®; Chambers USA: America’s Leading Lawyers for Business®; Benchmark Litigation®– Local Litigation Stars; and Indiana Super Lawyers®.
In addition to his litigation work, Alan counsels companies and entrepreneurs regarding contract terms and conditions, and the development of general business, litigation and litigation-avoidance strategies. Alan works with growing companies to help them identify their contract, tort and insurance risks and institutionalize systems and practices to manage those risks.
Indiana University School of Law, J.D., 1978, cum laude
Indiana University, B.A., 1974
AV Peer Rated by Martindale-Hubbell®
The Best Lawyers in America©, 2001–2019
Indiana Super Lawyers®, 2004–2018
Chambers USA, Commercial Litigation, 2006-2018
Benchmark Litigation®, “Local Litigation Star”, Indiana, 2010–2012
Indianapolis Business Journal, “Who’s Who in Law”
Joseph R. Olshan Award for Outstanding Service and Dedication, Federation of Defense and Corporate Counsel (FDCC), 2006
Federation of Defense and Corporate Counsel (FDCC)
Past President and Director, FDCC Foundation
FDCC Foundation Philanthropic Fellow
Past Officer and Director
Program Chair, 2000 Annual Meeting
Convention Chair, 2001 Annual Meeting
Past Chair, Business Torts and Commercial Litigation Section
Indianapolis Bar Association, Foundation Fellow
American Cancer Society, 2017 Ambassadors Council
American Pianists Association, Director and Secretary
Carmel United Soccer Club, Inc., Past Director; Past President
Cathedral Arts, Inc., Past Director
Indiana Soccer Association, Inc., President and Director
Indy Jazzfest, Past Chair
Kids Fest, Past Chair
Midsummer Festival, Past Chair