Alex Kaplan, P.C.

Before joining Kirkland:

• Won summary judgment for Vitol, in federal court in San Juan, against claims by Puerto Rico’s electric power utility seeking to nullify six fuel-supply contracts and recover $3.89 billion. Also won the full amount sought on Vitol’s counterclaim ($41.4 million). Kaplan was named “Litigator of the Week” by The American Lawyer for this landmark win.
• Recovered more than $300 million after month-long bench trial in Madison, Wisconsin, for minority shareholders in Promega Corp., on claims related to control, governance, liquidity and valuation.
• Won summary judgment for energy client in complex oil and gas dispute in South Texas against claims seeking $300 million in damages for disputed back-in and royalty interests in the Eagle Ford.
• Won complete dismissal for Vitol of $10 billion antitrust case, in federal court in Miami, filed by a litigation trust asserting claims on behalf of the Venezuelan national oil company. Dismissal affirmed by U.S. Court of Appeals for the Eleventh Circuit.
• Won $19.4 million award (100% of damages sought, plus interest) after final arbitration hearing for Eni Petroleum in dispute over cost allocation among working-interest partners for deepwater Gulf of Mexico oil exploration and production activities under joint operating agreement.
• Defended Intercontinental Exchange, Inc. against the Federal Trade Commission’s antitrust challenge to $11.7 billion proposed acquisition of Black Knight. Resolved the dispute on favorable terms that secured the merger’s closing.
• Won defense verdict, after four-week jury trial, in $40 million dispute over the application of a lawyer’s contingent-fee contract to partnership interests and the ownership of a natural resources business. Subsequently won unanimous decision in the Texas Supreme Court reinstating the jury’s verdict after the trial court granted the plaintiffs a new trial. Plaintiffs recovered nothing and paid client’s costs.
• Won arbitration for energy client in dispute over the future operation and governance of one of the largest fixed production platforms in the world. Arbitrator ruled for client on all disputed issues. Final award later confirmed in federal court.
• Won complete defense award for midstream energy client in arbitration arising from potential acquisition and development of Permian Basin ranch property. Claimant sought more than $100 million in damages. Arbitrator entered a final award that claimant recover nothing and awarded fees and costs to client.
• Won landmark $5 million jury verdict against the City of Houston in wrongful conviction case for George Rodriguez, who spent years in prison for crimes he did not commit. Reported by the Columbia Law Review as the first finding of municipal liability for constitutional violations attributable to forensic misconduct.
• Won bench trial, in federal court in Austin, for major retailer in constitutional challenge to law regulating retail liquor sales.
• Secured settlement during trial for client (100% of damages sought) in contract dispute with logistics company over contested foreign-exchange conversion fees on international shipments.
• Secured settlement after final evidentiary proceeding for private equity firm in complex earnout arbitration before Deloitte (as independent accounting referee) arising from the sale of a large tax-services business.
• Successfully represented client in litigation to enforce preferential right to purchase disputed assets in connection with $1.5 billion sale of oil and gas properties.
• Secured nine-figure recovery for refiner and chemical producer in London arbitration over business interruption losses arising from hurricane.
• Secured settlement for the family owners of the Turkey Track Ranch — an historic 80,000-acre ranch in the Texas panhandle and the site of the Battles of Adobe Walls in 1864 and 1874 — in negligence case against public utility arising from the largest fire in Texas history (In re Smokehouse Creek Fire Litigation)
• Secured $45 million settlement, after three weeks of trial, for Milwaukee County and its public employee retirement system in actuarial malpractice case.
• Secured $40 million settlement for the City of Houston in actuarial malpractice case.
• Successfully defended energy client against lease termination claims by surface owner and lessor of 60,000 plus acre ranch in the Permian Basin.
• Successfully represented the Rockstar consortium (Apple, Microsoft, Blackberry, Ericsson, and Sony) in securing $900 million settlement of patent infringement suit on foundational search patents acquired from Nortel.
• Successfully represented major drilling contractor in multiple patent infringement suits against competitors related to directional drilling technology.
• Selected by trial court judge to serve as neutral mediator in multiparty energy trading dispute. After years of unresolved litigation, facilitated negotiation and successful resolution of all claims in just a few weeks.