Ben A. Barnes

Commercial and Energy Litigation

• In re JUUL Labs, Inc. Product Liability Litigation: Trial counsel to JLI in multi-jurisdiction litigation involving product liability, sales, marketing, and design claims.
• 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.
• In re Winter Storm Uri Litigation: Trial counsel to multiple power generators in Texas Multi-District Litigation involving claims arising from 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.
• 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.

Bankruptcy Litigation

• 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.