Holly Rioux-Lefebvre

Commercial Litigation

• Amplify Energy — Represented Amplify in claims brought against two companies whose container ships’ anchors struck the company’s pipeline off the coast of Long Beach, California during strong winds in January 2021. Several months later, the pipeline leaked where the ships anchored, leading to cleanup costs and a shutdown for repairs. Secured $96.5 million in settlements for Amplify. This case was recognized in Litigator of the Week.
• United States v. Honeywell — On trial and appellate team for Honeywell in a case of first impression that established a pro tanto dollar-for-dollar setoff of common damages among defendants in multi-defendant cases brought under the False Claims Act, which completely eliminated Honeywell’s exposure for statutory damages under the FCA . This case was featured in the March 2022 Bloomberg article “Honeywell Says Body Armor Case Should End Because U.S. Got Paid,” the August 2022 Law.com article “Honeywell Can't Be Forced to Pay $35 million in False Claims Case,” and the September 2002 Litigator of the Week.
• Gulfport Energy Corporation — Trial counsel for Gulfport in arbitration brought by lessor challenging royalty payments made pursuant to oil & gas leases in Ohio. Arbitrator found in Gulfport’s favor that the gas produced from the wells was marketable at or near the wellhead, and that the lessor failed to prove that Gulfport breached the leases by deducting post-production costs from the lessor’s royalty, denying lessor’s remaining claims. Arbitration awards confirmed at Gulfport Energy Corp. v. Shugert Family Investments, LLC, No. 2:20-cv-02469 (S.D. Ohio).
• BNSF Railway — Represented BNSF in arbitration against FirstEnergy for breach of long-term contract for the transportation of coal to FirstEnergy’s coal-fired power plants. FirstEnergy claimed that its failure to ship coal was excused as force majeure due to environmental regulation prevented its performance. After a two-week trial, the panel unanimously sided with BNSF. The parties subsequently reached a settlement, pursuant to which FirstEnergy agreed to pay $109 million to BNSF.
• Trial counsel defending multiple oil and gas producers in various class actions brought by lessors challenging royalty payments pursuant to oil & gas leases in Ohio.
• Abbott Laboratories — Represented Abbott in a putative class action related to labeling claims made on infant formula products. Obtained voluntary dismissal of all claims with prejudice. Kao et al. v. Abbott Laboratories (C.D. Cal.).
• BNSF Railway — Represented BNSF defending against tort claims by the owner and former CEO of Cold Train, LLC related to Cold Train’s intermodal shipping service. The District Court dismissed with prejudice all claims against BNSF.

Securities Fraud and Shareholder Litigation

• Caterpillar Inc. — Represented Caterpillar in putative securities class action, In re Caterpillar Inc. Sec. Litig. (N.D. Ill.). Successfully obtained dismissal of the case on a motion to dismiss.

Restructuring Litigation

• Covia Holdings Corp. — Trial counsel to Covia Holdings Corporation and certain of its affiliates in connection with contested matters relating to Covia’s Chapter 11 plan in the U.S. Bankruptcy Court for the Southern District of Texas. Covia provides diversified mineral-based and material solutions for global energy and industrial markets.
• Energy Future Holdings Corp. — Trial counsel in $431 million makewhole litigation and various contested matters for Energy Future Holdings Corp. and 70 of its affiliates (a generator, distributor and certified retail provider of electricity in Texas) in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware.

Management Consultant at Human Capital Initiatives, LLC, 2009–2013