Murray Energy Holdings — Lead trial counsel in the restructuring of Murray Energy, the largest privately-owned coal company in the United States, which entered Chapter 11 with approximately $2.7 billion in outstanding funded debt and more than $8 million in potential pension and employee benefit obligations.
Frontier Communications — Lead trial counsel in Frontier Communications’ prearranged restructuring of more than $18.5 billion in outstanding funded debt, which was confirmed in approximately four months in a contested hearing.
Energy Future Holdings — Lead trial counsel in one of the largest, most complex and heavily publicized financial restructurings in history, including its $9.45 billion sale of Oncor Electric Delivery Co. to Sempra Energy and its stand-alone restructuring of Texas Competitive Electric Holdings Co. One of the largest Chapter 11 filings in Delaware, EFH required 16 evidentiary hearings (including 4 confirmation trials), spanning 47 hearing days and 62 live witnesses.
Cerberus/Innkeepers MAE Litigation — Trial counsel against Cerberus for termination of $1.12 billion acquisition of hotel portfolio for alleged "material adverse effect"; after expedited litigation seeking specific performance, dispute settled on first day of trial in an amended deal that closed days later.
Neff Fraudulent Transfer Litigation — Lead trial counsel for Neff Rentals in litigation and settlement over $700 million leveraged buy-out.
Charter Communications Reinstatement Litigation — Trial counsel in Charter's corporate finance and restructuring litigation, winning a 19-day trial that enabled Charter to reinstate $11.8 billion in secured financing.
Calpine Energy, Securities and Commercial Matters — Trial counsel for Calpine in a wide range of matters, including $720 million securities class action, $5 billion refinancing litigation, $19 billion valuation litigation, and $700 million breach of contract litigation.
Hawaiian Telcom Valuation Litigation — Lead trial counsel for Hawaii's largest telecommunications provider, winning a week-long trial over the company's $500 million valuation and reorganization plan.
Clifford Chance/Brobeck Litigation — Defended international law firm in $100 million tortious interference litigation arising from the dissolution of the Brobeck firm.
Morgan Stanley Securities Arbitrations — Trial counsel for Morgan Stanley in a series of nationally publicized securities arbitrations arising out of the technology sector bubble and correction. Tried six arbitrations to defense awards before other claimants settled.
Thrivent Consumer Class Actions — Defeated a series of consumer class actions involving variable insurance products seeking more than $500 million in damages; decisions were affirmed on appeal.
Honeywell Antitrust Litigation — Secured preliminary injunction blocking $2 billion merger under the Clayton Act in the commercial and military aircraft industries; injunction was affirmed on appeal.