A. Katrine Jakola, P.C.

Mass Tort and Product Liability Litigation 

• In re Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico April 20, 2010 (MDL 2179, E.D. La., 2010–present): Trial counsel for BP in the Deepwater Horizon oil spill litigation. In the civil litigation trial that began on February 25, 2013, Ms. Jakola defended BP from claims by the U.S. Government, certain Gulf States, various BP contractors and thousands of individual plaintiffs. Ms. Jakola currently serves as the company’s National Coordinating Counsel, with primary responsibility for a portfolio of more than 870 personal injury lawsuits pending in federal court.
• Yerington Paiute Tribe v. BP America Inc. (D. Nev. 2019): Counsel for BP in toxic tort suit brought by the Yerington Paiute Tribe alleging personal injuries to tribal members and damage to tribal lands due to alleged contamination from a nearby copper mine.
• Confidential Autonomous Vehicle Matters: Ms. Jakola provides product liability advice and counseling to self-driving car technology company on a confidential basis.

Consumer and Other Commercial Litigation

• Federal Trade Commission v. LendingClub Corp. (N.D. Cal. 2020): Litigation counsel for LendingClub in suit by FTC alleging deceptive and unfair marketing and sales practices in connection with online consumer loan services. Case pending.
• Nicholas v. Wayfair Inc. (E.D.N.Y. 2019): Trial counsel for Wayfair in purported class actions involving allegations of product defect, consumer fraud and warrantability claims. Won motion to compel arbitration following contested evidentiary hearing.
• Northrop Grumman v. Aon Risk Services (Los Angeles County, Ca. 2015): Litigation counsel for Aon in suit regarding insurance coverage for losses arising out of Hurricane Katrina.
• Chicago Freight Car Leasing Co. v. PricewaterhouseCoopers LLP (Cook County, Ill. 2010): Trial counsel for PwC in litigation involving claims of professional negligence and negligent misrepresentation. After a three-week trial, the jury returned a verdict for PwC on all counts, including on PwC’s counterclaim against plaintiffs to recover its costs and expenses.
• General Motors Consumer Litigation (Cook County, Ill. 2002–2010): Represented GM and GMAC in several consumer fraud actions in Illinois trial and appellate courts; won dismissal of all claims on multiple occasions.
• ExxonMobil Dealer Litigation (D. Md. 2009): Counsel for ExxonMobil in dispute with 65 gas station dealers. Secured dismissal of all plaintiffs’ claims. The case was featured in the article “Kirkland Wins Dismissal of ‘Future Sale’ Claims Against Exxon by Gas Station Owners,” in the November 9, 2009 issue of The AmLawLitigation Daily.
• Giant Screen Films v. Sky High Entertainment, et. al. (N.D. Ill. 2007): Counsel for plaintiff Giant Screen Films in bringing breach of contract, fraud, tortious interference and other claims against film producer and lender. Obtained default judgment against several defendants and obtained summary judgment on multiple claims.
• Conseco Cost of Insurance Litigation (MDL 1610, C.D. Ca. 2006): Counsel for Conseco in multi-district litigation involving 15 federal and five state putative class actions challenging changes to life insurance charges and attempting to pierce the corporate veil of life insurance company.
• Aon Re, Inc. v. RGA Reinsurance Co. (N.D. Ill. 2005): Represented Aon Re in $40 million reinsurance dispute involving breach of contract, fraud and negligent misrepresentation claims. Case settled three days before trial.
• Kvaerner, U.S., Inc. v. IPSCO Steel (Alabama), Inc. and Related Litigation (W.D. Pa. 2003): Represented IPSCO Steel in breach of contract case involving construction of steel plant in Alabama. Case settled favorably; successfully defended settlement in district court and Third Circuit Court of Appeals. 

Restructuring Litigation and Counseling

• Macy’s, Inc. (2020): Lead litigation counsel for Macy’s in connection with its recent $4 billion financing in response to impacts of the COVID-19 global pandemic. The transactions consist of a $2.8 billion ABL Facility and an additional $300 million bridge commitment secured by Macy’s inventory and $1.3 billion bond offering secured by the company’s top mall assets and distribution centers. The proceeds of the financing will help Macy’s retire certain of its upcoming debt maturities and fund operations during the crisis.
• Le Tote / Lord & Taylor (E.D. Va. 2020): Lead litigation counsel for Le Tote in commercial lease, contract and related restructuring issues.
• In re Nine West Holdings, Inc. (S.D.N.Y. 2019): Trial counsel for Nine West in trial seeking confirmation of plan of reorganization, involving claims of alleged breach of fiduciary duty, fraudulent transfer and other causes of action regarding the 2014 leveraged buyout of the company. Case settled favorably after one week of trial.
• In re Cenveo Inc. (S.D.N.Y. 2018): Lead litigation counsel for Cenveo in investigating potential estate causes of action involving challenged asset purchases and divestitures. Secured approval of settlement and confirmation of the company’s plan of reorganization following submission of investigative report.
• In re Avaya Inc. (S.D.N.Y. 2017): Lead trial counsel for Avaya in seeking confirmation of its plan of reorganization, which involved disputes over valuation of intellectual property and other assets, lien and claim disputes and potential estate causes of action. In 2018, Turnaround Management Association recognized the successful reorganization of Avaya with its “Mega Company Transaction of the Year Award.”
• In re rue21, Inc. (W.D. Pa. 2017): Lead trial counsel for rue21 in securing confirmation of plan of reorganization following contested confirmation trial involving challenged releases of estate and third-party causes of action.
• In re Sabine Oil & Gas Corp. (S.D.N.Y. 2016): Trial counsel for Sabine Oil & Gas in two three-week trials — successfully defeating creditors’ attempts to bring fraudulent transfer, fiduciary breach and other claims totaling over $2 billion. In its 2016 North American Innovative Lawyers Report, The Financial Times “highly commended” Kirkland’s strategy for “managing complexity and scale” in the Sabine case and Turnarounds & Workouts noted Ms. Jakola’s role in selecting the case as one of the top Successful Restructurings of 2016. Ms. Jakola was also selected as a 2017 recipient of the Turnaround Management Association’s Large Company Transaction of the Year Award for her work on Sabine. 
• In re United Airlines (N.D. Ill. 2003–2005): Trial counsel for United Airlines in securing industry leading modifications both before and after trial to collective bargaining agreements, retiree medical benefits and pension plans. Ms. Jakola was noted for her role in the litigation in the article, “Big Suits: UAL Bankruptcy,” in the February 2003 issue of The American Lawyer.
• United Airlines Pension Claim Litigation (N.D. Ill. 2005): Lead trial counsel for United Airlines in bankruptcy litigation brought by retired pilots seeking to increase their claims for terminated pension benefits by more than $40 million. Following trial, court entered ruling in favor of United, refusing to increase plaintiffs’ claim amounts.

Domestic Violence Legal Clinic (Circuit Court of Cook County, Ill.): Ms. Jakola serves as a volunteer attorney assisting victims of domestic violence in obtaining emergency and plenary orders of protection against their alleged abusers.

Johnny Borizov v. Olsen-Foxen, et al. (N.D. Ill. 2020): Court-appointed trial counsel for Mr. Borizov in Section 1983 suit alleging sexual assault and inadequate medical care claims while imprisoned at Stateville Correctional Center.