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Allen,Noble

Noble F. Allen

Partner

Noble practices in the area of litigation, including civil and business litigation, premises liability/insurance claims defense, and commercial landlord/tenant law, including commercial lease litigation and evictions.  Noble has litigated several commercial landlord and tenant cases through trial.  He regularly counsels retail developers, retailers, and other commercial landlords and tenants regarding lease negotiations and leasing disputes.

He also practices in the area of business immigration. Noble is the author of the Treatise Connecticut Landlord and Tenant Law with Forms, published by the Connecticut Law Tribune/ALM Media.  He is the chair of the firm’s Diversity and Inclusion Committee; the past Chair of the Connecticut Statewide Grievance Committee; and also served on the Board of Directors of the USLAW NETWORK from 2013 to 2017.

Experience

Real Estate Lease Litigation:

  • Successfully prosecuted a breach of lease action on behalf of a commercial Landlord against a Tenant which vacated the premises with four years remaining on the Lease. Obtained a judgment of $790,262.75 including attorney’s fees on behalf of the Landlord.
  • Successfully defended and tried a case to verdict on behalf of a commercial Tenant concerning the Tenant’s late exercise of an extension option under the Lease. Presented evidence during trial to show that the Landlord’s subsequent actions created a waiver which nullified any potential late exercise by the Tenant.
  • Successfully prosecuted and tried a case to verdict on behalf of a commercial Landlord involving the Landlord’s right to enforce a continuing guaranty against the guarantor of the Lease who claimed that a later assignment of the underlying Lease should have excused his obligation as a guarantor for the newly assigned Lease . The Court enforced the guaranty and awarded the Landlord rental damages and attorney’s fees.
  • Successfully prosecuted and tried to verdict a commercial breach of lease and breach of guaranty case against a Tenant and Guarantor. The Tenant had vacated the premises with approximately three years remaining on the Lease. Obtained a judgment of $260,478.41, plus attorney’s fees and post-judgment interest on behalf of the Landlord.
  • Continue to successfully represent numerous regional and national shopping center Landlords in various Connecticut litigation matters involving the evictions of commercial tenants and the enforcement  of breach of lease actions to secure monetary damages for these Landlords.
  • Represented multiple commercial Tenants ranging from regional hospitals to restaurants in several lease dispute litigation actions resulting in favorable economic outcomes for those Tenants.

Real Estate Lease Transactions:

  • Negotiated numerous office, retail, and industrial leases on behalf of regional companies, including a recent lease transaction on behalf of a major Connecticut Bank involving the occupancy of its central 73,570 sq. ft. office headquarters.
  • Continuing to represent and advise a national hardware retailer in matters concerning the review and analysis of its retail leases throughout the US in order to evaluate and assess its right to accept, decline, or enforce tender of defense notifications for premises liability claims with its various landlords.

Business Immigration:

  • Continue to represent companies in various industries such as manufacturing, pharmaceuticals, data analytics, computer software, asset investment , banking, construction, and aviation, in the challenging task of obtaining visas for their foreign workers, including,  L-1 intra-company visas for US companies with parent, subsidiaries or affiliates abroad;  H-1B Specialty Occupation visas;  E-3 Specialty Occupation Professional visas;  obtaining TN visas for US companies seeking Canadian or Mexican Professional workers under USMCA/NAFTA; and obtaining permanent resident status for qualified non-immigrants.
  • Continue to represent and advise numerous US companies in various industries in matters relating to I-9 eligibility compliance, worksite inspection strategies, and how to implement and enforce effective corporate immigration strategies.

List of Court Cases Citing Noble’s Connecticut Landlord and Tenant Law Treatise

  • Enfield Retail Props., LLC v. Camel Fitness, Docket No. CVH8214, 2016 Conn. Super. LEXIS 1061 (Super. May 16, 2016)
  • Daniels v. Skymark, LLC, Docket No. KNLCV146022886S, 2016 Conn. Super. LEXIS 854 (Super. Apr. 22, 2016)
  • Delgado v. Lunt, Docket No. CV154126730, 2015 Conn. Super. LEXIS 1961 (Super. July 27. 2015)
  • Budney v. Budney Indus., Docket No. CV136023734, 2014 Conn. Super. LEXIS 861 (Super. Apr. 11, 2014)
  • Pollansky v. Pollansky, Docket No. CV114015163S, 2012 Conn. Super. LEXIS 2641 (Super. Oct. 23, 2012)
  • Just Breakfast & Things!!!, LLC v. Vidiaki, LLC, Docket No. 105014092, 2012 Conn. Super. LEXIS 1585 (Super. June 20, 2012)

Credentials

Work Experience

  • Hinckley Allen
    • Partner (2008-Present)
  • Tyler Cooper & Alcorn, LLP
    • Partner (1998-2008)

Honors & Awards

  • Best Lawyers in America® (2013-2019); Lawyer of the Year (2015, 2018); Recognized for Litigation - Real Estate;
  • Connecticut Statewide Grievance Committee
    • Chair (2016-2018)
    • Vice-Chair (2012-2015)
    • Member (2000-2006; 2009-2018)
    • Role appointed by the Executive Committee of the Judges of the Superior Court
  • New Haven Judicial District, Court-Appointed Arbitrator (2001-Present)
  • Norwich Athletic Hall of Fame (2017)
  • USLAW Network, O'Hagan Award (2018)

Charitable & Civic Involvement

  • Lawyers Collaborative for Diversity, Board Member (2017-Present)
  • Youth Continuum, Inc., Board Member (1995-2008; 2009-2014)

Professional Affiliations

  • American Immigration Lawyers Association: Member (1992-Present); Connecticut Chapter Chair (1999-2001)
  • Connecticut Bar Association, Member, Litigation Section
  • DRI - The Voice of the Defense Bar, Member
  • International Council of Shopping Centers (ICSC), Member
  • Litigation Counsel of America - The Trial Lawyer Honorary Society
  • New Haven County Bar Association, Member
  • USLAW Network
    • Chair, Diversity Council (2018-Present)
    • Chair, Retail Practice Group (2014-2016)
    • Board of Directors (2014-Present)

Bar Memberships

  • Connecticut
  • United States Court of Appeals, Second Circuit
  • United States District Court, District of Connecticut

Speaking Engagements

  • Keynote Speaker at the Connecticut Judicial Branch Law Librarians’ Annual Staff Development Meeting – “Connecticut Landlord-Tenant Law Concepts” June 13, 2018
  • Panelist at the 2015 USLAW Network Retail & Hospitality Law Exchange “The (Tender) Art of Indemnification: Who Defends and Who is Entitled to be Indemnified,” October 2015
  • Panelist at the New Haven County Bar Association – Continuing Legal Education Seminar “Landlord Tenant Law in CT: Practice and Procedure,” March 2015
  • Panelist at the American Bar Association – Real Property Leasing Practice Group Program “The Second of the Nuts and Bolts of Leases Series for 2014-2015,” August 2014
  • Panelist at the Retail Risk and Claims Managers Round Table Meeting, “Navigating the Security Litigation Storm,” July 2013
  • Panelist at DRI Retail & Hospitality Litigation & Claims Management Seminar, presented “Anatomy of the Landlord and Tenant Relationship Within the Retail Context: Two Sides, Two Priorities,” May 2012
  • Panelist at the ICSC’s Connecticut Next Generation Program “Deal or No Deal: How Attorneys Work to Keep Deals on Track While Protecting Their Client’s Best Interest,” March 2011
  • Noble has Lectured on and authored several articles regarding commercial leasing and landlord tenant litigation, and his treatise has been cited by Judges in several court decisions.

News & Insight

Publication

Avoiding Tender Issues in Retail Leases and Service Contracts to Ensure Favorable Outcomes in Premises Liability Claims and Lawsuits

September 5, 2018

Noble F. Allen and Diane E. Rojas explore the provisions in retail leases that trigger a tenant’s duty to indemnify landlords in premises liability actions. It will focus on how retail tenants should draft these provisions in order to minimize or elimin…

Publication

Is a lease guaranty still enforceable if modified without the guarantor’s consent?

January 19, 2018

New England Real Estate Journal (NEREJ) published this article originally created for a Hinckley Allen Retail Real Estate Newsletter in early November 2017.A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease an…

Publication

Is a Lease Guaranty Still Enforceable if the Lease is Modified Without the Guarantor’s Consent?

November 29, 2017

A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease and ensures that the landlord can legally pursue the guarantor in the event of a tenant’s default.  But what happens when the landlord and tenant make subse…

Publication

Exclusive Provisions in Leases

December 4, 2015

They are often referred to as exclusive provisions, exclusive clauses, or restrictive covenants. No matter the nomenclature, most landlords can do without them for a variety of reasons. Although “exclusive clauses” and “use clauses” are sometimes u…

Publication

Municipality’s Receiver of Rents Can Sue to Collect Past Rent But Cannot Evict a Delinquent Tenant

July 8, 2015

The Connecticut Supreme Court recently decided a case regarding the powers of a receiver of rents appointed by a municipality. In Town of Canton v. Cadle Properties of Connecticut, Inc., 316 Conn. 851 (May 19, 2015), the Court decided two main issues: …

Publication

Connecticut Supreme Court Rules That the Rejection of a Master Lease Was Not a Voluntary Surrender That Favored Subtenant

March 3, 2015

It is settled legal principle that the rights of a subtenant under a sublease are directly tied to the rights of a tenant under the applicable master lease, so that if the master lease is terminated for any reason, the subtenant’s rights under the sublea…

Publication

Clarifying Option-To-Purchase Forfeiture Standards

August 18, 2014

Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purch…

Publication

Connecticut’s Supreme Court Clarifies Applicable Forfeiture Standards When Tenant Exercises Option to Purchase Leased Property

July 29, 2014

Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purch…

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Firm News

Hinckley Allen Partner Noble F. Allen Named 2018 USLAW NETWORK O’Hagan Award Recipient

September 14, 2018

Hinckley Allen is proud to announce Noble F. Allen’s recognition as a recipient of the 2018 USLAW NETWORK O’Hagan Award. The award is given annually to a USLAW member in recognition of outstanding, service, and commitment to the organization’s guidin…

Firm News

51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019

August 15, 2018

Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…

Firm News

Best Lawyers Recognizes 8 Hinckley Allen Partners as “Lawyers of the Year” for 2018

August 22, 2017

Hinckley, Allen & Snyder LLP is pleased to announce that Best Lawyers has recognized partners Noble F. Allen, Christine K. Bush, William S. Fish, Joel Lewin, Robin L. Main, Thomas S. Marrion, Gerald J. Petros, and David A.NOBLE F.

Firm News

52 Hinckley Allen Attorneys Recognized by Best Lawyers of America

August 18, 2017

Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.

Firm News

Hinckley Allen Partner Noble F. Allen Named “Lawyer of the Year” in Real Estate Litigation by Best Lawyers

August 18, 2014

Noble Allen has been named Lawyer of the Year in Real Estate Litigation (Hartford, CT) by Best Lawyers® 2015.Noble practices in the area of litigation, including civil and business litigation, premises liability/insurance claims defense, and commercial l…

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Events

Past Event

Labor & Employment Seminar 2019

May 22, 2019

Don't miss out on the opportunity to update your knowledge on a number of important issues and recent legislation in the ever-expanding area of employment & labor law. Registration and Continental Breakfast: 8:00 a.m. - 8:30 a.m. Seminar: 8:30 a.m. -…

Past Event

ICSC New England Retail Connection 2018

March 7, 2018

We hope to see you at the Hartford International Council of Shopping Centers (ICSC) Retail Connection. The New England Retail Connection is the one-stop for education, networking and deal making designed for retail real estate professionals seeking to d…

Past Event

ICSC New England Retail Connection

March 8, 2017

We hope to see you at the Hartford International Council of Shopping Centers (ICSC) Retail Connection. The New England Retail Connection is the one-stop for education, networking and deal making designed for retail real estate professionals seeking to de…

Past Event

2015 USLAW Network Retail & Hospitality Law Exchange

October 20, 2015

This signature one-day, highly interactive educational program is specifically designed for corporate counsel, litigation managers, risk professionals and claims personnel to engage in dialogue with USLAW member attorneys and outside experts from a cross-s…

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