Ben A. Barnes

Commercial and Energy Litigation

• In re: East Palestine Train Derailment: Trial Counsel to GATX Corporation in class-action and CERCLA litigation arising from the February 2023 derailment of a Norfolk Southern train in East Palestine, Ohio, and the resulting damage.
• Public Utility Commission of Texas v. Luminant Energy Company, LLC: Appellate counsel to intervenor TexGen Power, LLC in Luminant's challenge to various emergency orders issued during the February 2021 Texas winter storm.
• Coalition of PJM Capacity Resources v. PJM Interconnection, LLC: Counsel to a coalition of capacity resources in the PJM regional transmission organization in their challenge to penalties assessed by PJM during Winter Storm Elliot in December 2022.
• Trial counsel to natural gas pipeline company in dispute arising from Operational Flow Order and gas imbalance charges.
• Air Products, LLC v. EDF Energy Services, LLC: Trial counsel to Air Products in $30 million dispute against EDF Energy Services arising from the February 2021 Texas winter storm.
• Peaker Power, LLC v. Shell Energy North America (US) L.P.: Trial counsel to Peaker Power in $45 million dispute against Shell arising from the February 2021 Texas winter storm.
• Allen, et al. v. Eland Energy, Inc., et al.: Trial counsel to the Allen 2018 Family Trust in breach of fiduciary duty litigation in Dallas County, Texas.
• In re Winter Storm Uri Litigation: Trial counsel to multiple power generators and midstream companies in Texas Multi-District Litigation involving claims arising from the February 2021 Texas winter storm.
• Calpine Corporation: Trial counsel to Calpine Corporation in connection with various pre-litigation matters and in connection with a significant confidential arbitration arising out of the February 2021 Texas winter storm.
• JELD-WEN, Inc. v. Steves, et al.: Trial counsel to JELD-WEN in trade secrets and breach of fiduciary duty litigation in Bexar County, Texas.
• In re JUUL Labs, Inc. Product Liability Litigation: Trial counsel to JLI in multi-jurisdiction litigation involving product liability, sales, marketing, and design claims.

Restructuring Litigation

• SiO2 Medical Products, Inc. — Trial counsel to SiO2 Medical Products, Inc. and certain of its affiliates in their Chapter 11 cases filed in the U.S. Bankruptcy Court for the District of Delaware. SiO2 is a material life sciences company that holds 245 patents, including its flagship technology that combines the best of glass and polymers without the drawbacks of either. SiO2's proposed restructuring will reduce the Company’s secured debt by nearly $250 million.
• Venator Materials PLC — Trial counsel to Venator Materials PLC and its affiliates (together, “Venator”) in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Venator, which is an NYSE-listed Public Limited Company organized under the laws of England and Wales, is a global manufacturer of pigments and additives that bring color, vibrancy, and a sustainable finish to a variety of objects and for a variety of uses and has over $1.1 billion in total funded debt obligations. Venator filed for Chapter 11 with a restructuring support agreement supported by holders of 94% in principal of its total funded debt obligations and $275 million in new-money postpetition DIP financing and expects to emerge from Chapter 11 within 60 days.
• Bouchard Transportation Co., Inc. — Trial counsel to Bouchard Transportation Co., Inc. and certain of its subsidiaries (“BTC”) in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Prior to the bankruptcy filing, BTC was one of the nation’s largest independently owned ocean-going petroleum barge companies operating within the Jones Act market, possessing a fleet of 24 barges and 25 tugs that provided oil and petroleum product transportation services.
• Brazos Electric Power Cooperative, Inc. — Trial counsel to Calpine Corporation and its affiliates in connection with its proof of claim in the Chapter 11 case of Brazos in the United States Bankruptcy Court for the Southern District of Texas. Brazos filed its Chapter 11 petition immediately following the February 2021 Texas winter storm, which caused significant disruptions to the power supply in Texas. Calpine is one of the largest generators of electric energy in Texas and has filed an administrative priority claim for the value of electric energy it provided to Brazos during and after the storm.
• Seadrill Limited (Second Restructuring) — Trial counsel to Seadrill Limited and certain of its direct and indirect subsidiaries in their multi-jurisdictional restructuring of approximately $6.1 billion of funded debt. Seadrill is a leading global provider of offshore contract drilling services and employs nearly 3,100 individuals across 15 countries and five continents. Seadrill's Chapter 11 cases facilitated a balance sheet restructuring to enable Seadrill to continue to operate its modern fleet of drilling units.
• Gulfport — Trial counsel to Gulfport Energy Corporation and its wholly-owned subsidiaries in their prearranged Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of Texas. Gulfport is an independent returns-oriented, gas-weighted exploration and development company and one of the largest producers of natural gas in the contiguous United States, with significant acreage positions in Ohio and Oklahoma.
• Extraction Oil & Gas, Inc. — Trial counsel for Extraction Oil & Gas, Inc. and its affiliates in their Chapter 11 restructuring and related adversary proceedings before the Chief Bankruptcy Judge for the District of Delaware. Following extensive discovery, briefing and multi-day trials against multiple counterparties, prevailed in rejecting numerous midstream contracts by establishing that they did not contain real covenants and that rejection was a reasonable exercise of Extraction’s business judgment. Also achieved favorable finding in novel argument that contracts could be rejected even if they had contained real covenants. Courtroom victories ensured multi-million dollar savings to the company.

Prior to joining Kirkland, Ben was involved in the following representations:

• Red Lion Medical Safety, Inc., et al. v. General Electric Company: Trial counsel to General Electric Health in federal jury trial against 17 plaintiff independent service providers in complicated antitrust case in the Eastern District of Texas. Obtained a take nothing judgment against 2 of the plaintiffs and obtained new trial against the remaining plaintiffs, leading to a favorable confidential settlement.
• In re Acis Capital Management, LP: Litigation counsel to Highland Capital Management, LP, a multibillion-dollar private equity fund, in the involuntary bankruptcy proceedings of its former portfolio affiliates, Acis Capital Management LP and Acis Capital GP, LLC.
• Drivetrain, LLC v. Hall: Trial counsel to the Adeptus Litigation Trust in lawsuit against former officers of Adeptus Health, Inc., a former publicly traded company that once operated the largest network of freestanding emergency rooms in the country, in the Eastern District of Texas. Secured a favorable confidential settlement.
• Davis v. Gutierrez, et al.: Trial counsel to the GTAT Litigation Trust, successor to GT Advanced Technologies Inc., a former publicly traded company, in corporate governance lawsuit against its former officers. Case resulted in favorable confidential settlement.
• Triton 2414, LLC et al. v. Red Akard Place, LLC: Trial counsel to Red Development, LLC in suit by adjacent landowner to enjoin the construction of a $300 million mixed use development known as “The Union” in Uptown Dallas. Obtained order denying plaintiff’s request for temporary restraining order and temporary injunction and secured a favorable confidential settlement.
• Highland Park Emergency Center, LLC, et al. v. Endeavor Medical Systems, LP, et al.: Trial counsel to Endeavor Medical Systems in trade secrets dispute. Obtained partial summary judgment, which reduced available damages to the plaintiff, and secured a favorable confidential settlement.
• Confidential client: Lead trial counsel to major international law firm in lawsuit involving legal malpractice and breach of fiduciary duty claims. Secured full dismissal of all legal malpractice and breach of fiduciary duty claims brought directly against the firm and successfully defended judgment on appeal.
• May v. Nationstar Mortgage, LLC: Trial counsel to Nationstar in lawsuit involving wrongful foreclosure claims. Secured favorable verdict for a minute fraction of the plaintiff’s claimed damages.