Austin Klar

24 Hour Fitness USA, Inc.: Represented 24 Hour Fitness in a wide-range of litigation and government-investigation matters, including government investigations and putative class and individual actions in federal and state courts alleging fraud, unfair competition, false advertising and violations of state health studio laws, and a class action in California Superior Court alleging breach of the covenant of good faith and fair dealing and unfair business practices.

Lincoln National Life Insurance Company: Represented national insurance company in a putative class action in federal court alleging fraud, elder abuse and violations of California’s Unfair Competition Laws for failure to disclose life settlement alternatives to surrendering or reducing life insurance policy benefits.

BP America Inc.: Representing BP in defense of civil litigation brought by private plaintiffs seeking recovery from BP for damages allegedly attributable to the Deepwater Horizon incident in the Gulf of Mexico.

Calpine Corporation: Counsel to Calpine Corporation in a wide range of litigation and restructuring advisement matters, including vendor contract disputes, and root cause analyses.

Energy Future Holdings Corp.: Represented Energy Future Holdings Corp., the largest generator, distributor and certified retail provider of electricity in Texas, in its Chapter 11 restructuring. With over $49 billion in liabilities and $36 billion in assets, this Chapter 11 case is the largest operating Chapter 11 case ever filed in Delaware and the seventh largest in history.

GenOn Energy, Inc.: Trial counsel to GenOn Energy, Inc., and certain of its affiliates in connection with their prearranged Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. GenOn is a wholesale power generation company headquartered in Princeton, New Jersey, with a focus on operations in the Mid-Atlantic region of the United States—primarily operating in Pennsylvania and Maryland—and in California. Through the Chapter 11 cases, GenOn restructured approximately $2.5 billion in funded indebtedness.

Mission Coal Company, LLC: Represented Mission Coal Company, LLC and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the Northern District of Alabama. The company is headquartered in Kingsport, Tennessee with mining operations in West Virginia and Alabama. After a contested three-day bench trial, the company obtained authorization to reject and modify collective bargaining agreements relieving the company of over $1 billion in liabilities. After a contested five-day bench trial, the company obtained authorization to sell substantially all of its assets and confirmed its plan of reorganization.

Charming Charlie: Represented Charming Charlie, a Houston based specialty retailer focused on fashion jewelry, handbags, apparel, gifts and beauty products, in its Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. As of the Petition Date, the Company operates more than 375 stores in the United States and Canada. Charming Charlie entered into a restructuring support agreement with a majority of its term loan lenders and equity sponsors which provides for a comprehensive financial and operational restructuring that will significantly reduce the Company’s funded debt obligations and establish a sustainable capital structure.

21st Century Oncology Holdings, Inc.: Represented the largest global provider of integrated cancer care services and several of its affiliates in all litigation matters relating to its Chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York.

Payless Shoesource, Inc.: Represented Payless Shoesource, Inc., the largest footwear retailer in the Western Hemisphere, and certain of its affiliates in all litigation matters relating to its Chapter 11 cases filed in the United States Bankruptcy Court for the Eastern District of Missouri.

Crown Castle International Corp: Represented affiliates of Crown Castle International Corp., the nation’s largest provider of wireless infrastructure, in breach of employment and stock option agreement action brought by a former employee in California Superior Court.

Phoenix Services LLC: Represented Phoenix Services LLC, an international steel mill service company, in an arbitration action alleging breach of contract and breach of the implied covenant of good faith and fair dealing.

Qlik Technologies Inc.: Represented Qlik Technologies Inc., a data visualization and analytics software company, in an appraisal action challenging the value offered to its common stock holders in a take-private transaction.

Interstate National Dealer Services: Represented INDS, a national automobile service and warranty provider, in post-acquisition profit-sharing dispute alleging breach of contract and negligent misrepresentation by former employees.

Silverpeak Real Estate Partners: Represented a privately-held real estate investment advisory business formed in May 2010 by the former management team of Lehman Brothers Real Estate Partners, regarding a wide range of litigation matters, including the resolution of a $144 million fraudulent transfer litigation on terms favorable to client.

Representing an elder woman in a suit in California Superior Court against her foreclosure consultants alleging that they fraudulently and unduly influenced her to deed her home to them for below fair-market value.

Represented a victim of domestic violence in an adversary proceeding against her abuser to obtain a judgment of non-dischargeability of a debt her abuser owes to her arising from a default judgment obtained in state court.

Represented a victim of abuse in obtaining a U-Visa and authorization to work in the United States.