Alyson Foster

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Alyson represents businesses and individuals in litigation, arbitration, mediation, and advice and counseling. She has counseled her clients and obtained relief for them in many areas: contracts, business disputes, fiduciary issues, trade secrets, insurance recovery, employment counseling, and employment disputes. Alyson also advises on employment policies, business contracts, and litigation risk management.

Business Disputes

Represented national identity theft protection company in claims against a big box retail company for misleading advertising, trade secret and intellectual property misappropriation, and breach of contract. Obtained seven-figure settlement.

Represented clean energy investment company in a biodiesel plant construction dispute. Obtained seven-figure settlement.

Represented clean energy investment company in intellectual property and fiduciary litigation. Obtained preliminary injunction and seven-figure settlement.

Defended real estate investment company in litigation arising from loan agreement among business partners. Obtained favorable settlement resulting in the dismissal of all claims.

Represented lumber business in litigation against local government and real estate company regarding real estate transaction. Obtained favorable settlement.

Represented individual in a construction dispute. Obtained pretrial settlement for 98% of actual damages.

Defended investment, lending, and development company in LLC member derivative and fiduciary litigation brought by dissatisfied investors, resulting in favorable settlement and dismissal of all claims.

Represented large money lender in shareholder derivative litigation. Obtained dismissal of all claims.

Obtained asset seizure on behalf of a Fortune 100 bank in a lawsuit against a mortgage lender for eight-figure losses.

Insurance Recovery

Represented mid-sized business in bet-the-business dispute arising from employee embezzlement of customer funds, including employment issues, pursuit of insurance proceeds, and risk and customer management. Obtained pre-litigation release and full insurance coverage for loss.

Represented large auto leasing company in arbitration against its residual value insurer, resulting in nine-figure settlement.

Represented post-bankruptcy trusts in complex, multi-party litigation against numerous insurance companies seeking liability coverage for hundreds of thousands of underlying asbestos-related tort claims, resulting in large, seven to nine-figure settlements.

Obtained a significant settlement on behalf of an employee who was sexually harassed and assaulted by her supervisor.

Advised tech company on insurance program coverage for data breach and related losses.

Advised plaintiffs’ counsel on insurance program of BP, Transocean, and other defendants in Deepwater Horizon coordinated litigation.

Obtained health insurance proceeds for a student wrongfully denied coverage for a crucial surgery (pro bono).

Employment

Represents and advises international agricultural product company in general employment and risk management issues.

Create and advise on internal employment policies for international business, including workplace violence, gun policies, and workplace searching policies.

Won summary judgment on behalf of an international labor union on claims of wrongful termination and retaliation brought by local union officers who had been terminated for financial malfeasance.

Secured dismissal of employment discrimination claims brought by a software developer against her employer.

Won summary judgment on behalf of an international union on seven-figure state wage claims brought by a former employee.

Won summary judgment on behalf of an international union on claims of libel and defamation brought by a former employee.

Represented firefighters in employment disputes before trial boards.

Pro Bono Work

Wrote a federal appellate brief that resulted in the reversal of a U.S. District Court decision and a six-figure settlement recovery for a child who was sexually assaulted in state care.

Obtained emergency protections for a victim of domestic violence in a custody dispute.

Obtained a favorable settlement for a mortgage fraud victim with a large mortgage lender, saving her family home from foreclosure.

Drafted amicus curiae briefs for U.S. Supreme Court on Affordable Care Act, affirmative action in secondary level education, and state voter identification laws.

Presentations and Publications

  • Liability Insurance Issues for Litigators, Alyson Foster & Haley Krug, Idaho Bar Employment Section, May 2017
  • Marijuana in the Workplace, Idaho Bar Litigation Section, May 2017
  • The Impact of Legal Marijuana Use on the Workplace: Should employers hire marijuana users?, Jennifer Schrack Dempsey & Alyson Foster, Federal Bar Association Annual Meeting and Convention, September 2015
  • Overview of Written Discovery From a Lawyer’s Perspective, Idaho Association of Paralegals Spring Meeting, April 2015
  • How to Look Good in a Derivative Suit, Tom Banducci & Alyson Foster, Idaho Trial Lawyers’ Association Seminar, February 2015
  • Current Issues in Discovery and Retention of Electronically Stored Information, Boise In-House Counsel Working Group, January 2015

Professional Activities

  • Idaho Business for the Outdoors, Board Member
  • Idaho Women Lawyers
  • Idaho Trial Lawyers Association
  • Utah Women Lawyers
  • Federal Bar Association
  • American Bar Association