Anna G. Rotman, P.C.

Below are examples of Anna’s extensive experience in commercial litigation, energy disputes, class actions, Texas state court litigation (including the Texas Business Court), environmental/products liability litigation and restructuring related litigation.

Commercial Litigation, Energy and Class Actions

• Lead trial counsel for EQT Corporation in a jury trial in which plaintiffs sought over $60 million in damages for allegedly trespassing on and converting their oil and gas below the surface. Successfully defeated several claims prior to trial with dispositive motions and, after a two-week jury trial before the Chief Judge of the Southern District of Ohio, secured a unanimous jury verdict in the client’s favor.
• Successfully argued to the Ohio Supreme Court to overturn a $40 million judgment against EQT (prior to Kirkland’s involvement), concluding that there was not sufficient evidence to sustain the trial court’s award of summary judgment to the plaintiff on its bad-faith-trespass and conversion claims.
• Lead trial counsel for EQT Corporation lawsuits related to the terms of oil and gas leases under Ohio law bringing claims for trespass and conversion. Successfully defeated plaintiffs' motion for class certification in J&R Passmore.
• Secured final judgment and permanent injunction against Plants & Goodwin, Inc. and its CEO requiring them to maintain the confidentiality of EQT Corporation’s proprietary information.
• Trial counsel in Delaware Chancery Court to Antin Infrastructure Partners in litigation arising out of Antin's decision to terminate its proposed acquisition based on sellers’ uncured breaches. Following an expedited bench trial, Kirkland secured judgment in favor of Antin.
• Lead arbitration counsel for printer designer and manufacturer in a dispute concerning a terminated contract for the manufacture and supply of certain equipment. After compressed discovery, five days of trial and extensive post-trial briefing, the arbitration panel awarded the company the deal termination fee. The panel also awarded the company attorneys’ fees, expenses and costs.
• Lead arbitration counsel to technology portfolio company and its CEO in an employment dispute against the company’s former CTO, who sought more than $50 million in damages. Following a two-week final hearing, the arbitrator issued an award denying all of the former CTO’s claims and requested damages.
• Lead trial counsel to oil & gas producer in putative class action litigation alleging failure to pay statutory interest to North Dakota royalty owners. The Court adopted Kirkland’s argument that the proposed class could never be certified because the named plaintiff’s claims were not typical of the class and individual issues predominated over common ones. The court also adopted Kirkland’s argument that plaintiff lacked standing to bring a declaratory judgment claim.

Texas State Court Litigation

• Lead trial counsel for Nalco Company in state multidistrict tort litigation arising from two explosions and fires that occurred at a chemical plant in Port Neches, Texas.
• Trial counsel for CenterPoint Energy and its board in a shareholder derivative action pending in the Texas Business Court alleging breach of fiduciary duty and unjust enrichment in connection with the company’s response to Hurricane Beryl.
• Lead trial counsel for Nalco Co., LLC, in a bellwether trial against six plaintiffs alleging $70 million in personal injuries related to an explosion at an Exxon chemical plant in Baytown, Texas. Nalco retained Kirkland just three months before the trial date, with discovery all but closed in the case. After a three-week trial and on the eve of closing arguments, Kirkland secured a highly favorable settlement for Nalco. Settlements achieved.
• Lead trial counsel for Air Products in Harris County state court in $30 million energy contract dispute against its energy manager arising from the historic February 2021 Texas winter storm. Secured summary judgment for Air Products. The court also awarded attorneys’ fees, court costs and pre- and post-judgment interest at the maximum allowed rate.
• Lead trial counsel for Peaker Power, LLC in Harris County state court in $45 million dispute against Shell concerning breach of power purchase option agreements arising out of the February 2021 Texas winter storm. Secured favorable settlement on eve of trial.
• Trial counsel in Montgomery County state court for Repsol USA in litigation related to alleged breach of joint venture agreement to explore for and develop wells in the Marcellus Shale region. Settled on favorable terms right before trial.

Environmental/Products Liability Litigation

• Lead trial counsel for EQT Corporation, along with certain of EQT's affiliates, in putative class action litigation concerning abandoned gas wells in West Virginia. In 2024, the court struck a proposed class of West Virginia landowners alleging trespass and negligence against Diversified. Settlement achieved.
• Lead trial counsel for TotalEnergies SE and multiple subsidiaries in climate change litigation pending in jurisdictions across the United States. Successfully achieved dismissal from lawsuits in California and Oregon and prevailed on motions to dismiss in lawsuit brought by Delaware Attorney General.
• Lead trial counsel for Primexx in three lawsuits in Oklahoma state court alleging injection of wastewater from fracking at disposal wells caused seismic activity. Successfully settled.
• Trial counsel for German fund prosecuting products liability claims related to defective oil and gas equipment in gas-storage caverns in Germany. Successfully settled.

Restructuring Related Litigation

• Trial counsel for Extraction Oil & Gas, Inc. in adversary proceedings before the Chief Bankruptcy Judge for the District of Delaware. Following extensive discovery, briefing and multiday trials against multiple counterparties, prevailed in rejecting numerous midstream contracts by establishing that they did not contain real covenants and that rejection was a reasonable exercise of Extraction’s business judgment.
• Trial and appellate counsel for Sabine Oil & Gas in successfully defending the bankruptcy court’s high-profile ruling that allowed debtors to reject certain midstream contracts.
• Represented Bayou City Energy and BCE-Mach III LLC in BCE-Mach's acquisition of the upstream assets of Alta Mesa Holdings LP as part of its Chapter 11 proceedings. Following a highly contested evidentiary hearing, the bankruptcy court approved the sale of substantially all of the Debtors' Oklahoma assets to BCE-Mach. Litigation ensued when the PSAs did not close due to a collapse of oil and gas prices exacerbated by COVID-19. Achieved the opportunity to renegotiate the PSAs for a substantially reduced price and the deal ultimately closed.
• Represented Extraction in case brought by 15+ plaintiffs alleging that Extraction failed to property calculate royalties owed under oil and gas leases. Kirkland secured early dismissal of all claims with prejudice on a motion to dismiss based on plaintiff’s failure to exhaust administrative remedies under state law.
• Represented Ascend Performance Materials Holdings Inc. in an adversary proceeding alleging breach of contract related to the design, engineering and construction of an industrial facility. After extensive discovery, favorable settlement achieved.
• Represented GenOn Energy, Inc., one of the largest competitive generators of wholesale electricity in the U.S., in its Chapter 11 case and in related litigation proceedings. Following a 10-day bench trial, Kirkland achieved a complete victory when the court estimated more than $650 million in fraudulent transfer and breach of contract claims against GenOn at $0.

Yetter Coleman LLP