Jonathan G. C. Fombonne

Commercial Litigation

• Val Peterson, Inc. v. Tennant Metals (Utah state court) — Representing Tennant Metals Pty and Metalcorp Group in a breach of contract action in Utah state court. Plaintiff alleges that Tennant and Metalcorp breached the terms of a multi-party agreement to remediate iron ore from a defunct steel plant.
• Liserio v. Colt Services, LLC et al. (W.D. Tex.) — Represented PetroStar Services, LLC in its defense of an action brought by a former employee of Colt Services, LLC, whose assets PetroStar acquired. Plaintiff asserted claims of breach of contract and breach of fiduciary, among other things. After several rounds of motion to dismiss briefing and discovery disputes, Plaintiff voluntarily dismissed his lawsuit and refiled in state court without naming PetroStar as a defendant. Jonathan argued the hearing on PetroStar’s motion to dismiss.
• Priddy v. Health Care Service Corporation (C.D. Ill.) — Represented HCSC in defending a class action seeking damages for alleged breaches of fiduciary duty under ERISA. After several years of litigation, Plaintiffs voluntarily dismissed their action against HCSC.

Securities and Shareholder Litigation

• In re Legacy Reserves LP Preferred Unitholder Litigation (Del. Ch.) — Represented Legacy in connection with class action by preferred unitholders challenging restructuring transaction. Resulted in a favorable settlement that permitted the company to complete its restructuring.

Restructuring-related Litigation

• Bristow Group, Inc. (Bankr. S.D. Tex.) — Litigation counsel to an ad hoc group of unsecured creditors in Bristow’s Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. Bristow is a publicly-traded helicopter services company with funded debt obligations exceeding $1.7 billion. Following the filing of Bristow’s cases, Kirkland assisted the Unsecured Ad Hoc Group in negotiating an amended restructuring support agreement with Bristow and its secured creditors that contemplates a restructuring led by the Unsecured Ad Hoc Group that includes a $400 million rights offering to be consummated through a Chapter 11 plan. As litigation counsel, represented the ad hoc group’s interests in a confirmation trial over Bristow’s valuation. Bristow’s Plan was confirmed over the objection of an ad hoc group of equity holders.
• EXCO Resources, Inc. (Bankr. S.D.Tx.) — Represented EXCO Resources, Inc. in litigation issues associated with its Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of Texas. EXCO Resources, Inc. is an oil and natural gas exploration, exploitation, acquisition, development and production company headquartered in Dallas, Texas with principal operations in Texas, North Louisiana and the Appalachia region. Jonathan was an instrumental part of the litigation team responding to an investigation by an Unsecured Creditors’ Committee, and litigating various challenges to EXCO’s plan of reorganization.
• Gastar Exploration Inc. (Bankr. S.D. Tx.) ― Represented Gastar Exploration Inc., and its wholly-owned subsidiary Northwest Property Ventures LLC, in their prepackaged Chapter 11 restructuring in the U.S. Bankruptcy Court for the Southern District of Texas. Gastar is a publicly-traded oil and natural gas exploration and production company headquartered in Houston, Texas with assets concentrated in the STACK shale play in Oklahoma. Jonathan served as litigation counsel for Gastar in its Chapter 11 cases, including defeating an emergency motion to appoint an equity committee, and a last minute objection by an equity holder to confirmation of the plan.

Prior to joining Kirkland & Ellis LLP

• Represented telecommunications infrastructure services provider in a bench trial over breach of non-compete and non-solicitation agreements.
• Counsel to chemical manufacturer in mass tort case following an explosion at facility where its product was stored, including an appeal to the Fifth Circuit Court of Appeals.
• Represented syndicate of underwriters in 1933 Act class action.
• Counsel to major airline in antitrust litigation.
• Represented several companies in merger disputes in Delaware Chancery Court.
• Represented financial institutions in several actions stemming from the sale of residential mortgage-backed securities.
• Counsel to financial institution in several government and FINRA investigations related to its trading platforms.
• Counsel to financial institution in internal investigation of its trading practices.

Associate, O’Melveny & Myers LLP (New York, NY)

Associate, Skadden Arps Slate Meagher & Flom LLP (Houston, TX)

Ramirez v. ICE (D.D.C.) — Counsel to a class of unaccompanied alien children who, upon turning eighteen, are afforded the statutory right of consideration for placement in the least restrictive setting available (see 8 U.S.C. 1232(c)(2)(B)). The class action seeks to enforce this statutory right in the face of evidence that ICE has not been considering the least restrictive setting for this vulnerable population. Trial is scheduled for December 2019.

Jonathan also represents several persons seeking asylum in their proceedings in immigration court.