Anna G. Rotman, P.C.

Commercial Litigation

• Lead trial counsel for Rice Drilling D, LLC 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.

• Lead trial counsel for Midstates Petroleum in contract and lien disputes over amounts allegedly owed for goods and services. Obtained a multimillion-dollar summary judgment for actual fraud against service provider.

• Trial counsel 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.

• Litigation counsel for Newfield Exploration in successfully resolving dispute arising from ownership rights to seismic data.

• Lead trial counsel for Bayou City Energy in claims arising from gathering dedications pending in Oklahoma state court.

• Lead trial counsel for MEG Energy in defending a contract dispute in Delaware Superior Court. Successfully settled.

• Litigation counsel for CM Energy in prosecuting breach of asset purchase agreement in Delaware state court. Successfully settled.

• Lead trial counsel for Tennant Metals Pty and Metalcorp Group in a breach of contract action in Utah state court arising from a multiparty agreement to remediate iron ore from a defunct steel plant.

• Lead trial counsel for Panalpina World Transport Ltd. in Texas state court defending breach of contract and fraud claims arising from freight forwarding services provided in connection with a construction project in Southern Iraq. The parties reached a favorable settlement.

• Counsel for BASF in a lawsuit brought in the Southern District of Texas by INEOS seeking to enjoin the sale of BASF’s polyolefin catalysts business to W.R. Grace. After an evidentiary hearing, a preliminary injunction was denied and the case was dismissed.

• Litigation counsel for TPG Special Situations Partners, LLC in formation of $400 million drilling partnership to develop domestic unconventional resources in the Midland Basin with Hunt Oil Company.

• Confidential clients — Pre-litigation counseling on behalf of domestic and international airlines in contract negotiations with content distribution channels, including global distribution systems and online travel agencies.

Environmental/Products Liability Litigation

• Trial counsel for Total E&P USA and Total Specialties in climate change litigation pending in the Northern District of California.
• 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. Pending in the Southern District of Texas.

Restructuring-Related Litigation

• Appellate counsel for Sabine Oil & Gas Corporation in successfully defending the bankruptcy court’s high-profile ruling that allowed debtors to reject certain midstream contracts during its Chapter 11 cases in the Southern District of New York.

• Co-lead trial counsel for GenOn Energy, Inc. during its Chapter 11 cases in the Southern District of Texas in $600 million estimation trial to value contract and tort claims arising from complex owner-lessor agreements. After 10 days of trial, the claims against GenOn were estimated at $0. In addition, successfully defended GenOn and certain of its affiliates against a motion to certify class proofs of claim.

• Lead trial counsel for Gastar Exploration Inc. in its Chapter 11 cases in the Southern District of Texas in defeating an emergency motion to appoint an equity committee, and an objection by an equity-holder to confirmation of the plan.

• Trial counsel for Parker Drilling Company in its contested examiner motion and confirmation hearing, where court confirmed Parker’s plan of reorganization.

• Trial counsel for creditor, ECP, in defending standing and conversion motions in Furie Operating Alaska, LLC’s Chapter 11 cases pending in the District of Delaware.

• Lead trial counsel for Sherwin Alumina in adversary proceeding pending in the Southern District of Texas to unwind confirmation order from its Chapter 11 cases. Motion to dismiss fraud and Constitutional claims were granted and upheld by the Fifth Circuit on appeal.

• Co-lead trial counsel for Nine West Holdings, Inc. during its Chapter 11 cases in the Southern District of New York in successfully settling contested confirmation trial over value of settled claims arising out of prior LBO.

• Trial counsel for Linn Energy, LLC and its affiliates in multiple disputes arising in its Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. Successes include defeating $55 million+ claim for default interest, which was upheld on appeal by the Fifth Circuit, defeating attempt to certify class proof of claim in royalty dispute, and defeating contractual counterparties’ attempt to terminate contract.

• Lead trial counsel for Midstates Petroleum Company, Inc. in its successful confirmation trial in its Chapter 11 restructuring in the United States Bankruptcy Court for the Southern District of Texas.

• Trial counsel for Seadrill Limited and 85 subsidiaries and affiliates in their Chapter 11 cases in the Southern District of Texas to restructure $11 billion of contract and debt obligations.

• Litigation counsel for the ad hoc committee of unsecured noteholders in successfully defeating ad hoc equity group’s valuation challenge in the Chapter 11 cases of Bonanza Creek Energy, Inc. in the United States Bankruptcy Court for the District of Delaware.

• Lead trial lawyer for Emerald Oil, Inc., in successful trial of a contract rejection dispute in the United States Bankruptcy Court for the District of Delaware.

• Lead trial counsel for Magnum Hunter Resources Corporation and its subsidiaries in its successful valuation trial in its Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.

• Trial counsel for Penn Virginia Corporation in its successful valuation trial in its Chapter 11 restructuring in the United States Bankruptcy Court for the Eastern District of Virginia.

• Trial counsel for Victory Park Capital in connection with Think Finance’s Chapter 11 cases in the Northern District of Texas.

• Trial counsel for Charming Charlie, a Houston-based specialty retailer in its Chapter 11 restructuring in the District of Delaware.

Prior to joining Kirkland, Anna was involved in the following representations:

• South Tilden II, LLC, et al. v. Petrohawk Properties, LP, et al. — Representing BHP Billiton in Texas state court, prevailed on summary judgment on a multimillion-dollar claim for breach of a term assignment arising from working interest revisions in the Eagle Ford Shale and successfully settled a related dispute over the term of a waiver of overriding royalty interests and claims for trespass and breach of contract.

• American Airlines, Inc. v. Sabre — Represented American Airlines in Tarrant County state court against Sabre, one of the nation’s largest airline ticket distributors, involving new technology to sell corporate air travel. After a three-week jury trial, American and Sabre settled the lawsuit, with American receiving a nine-figure monetary payment from Sabre and the parties agreeing to a multiyear renewal of their distribution agreement.

• American Airlines, Inc. v. Frequent Flyer Depot, et al. — Represented American Airlines in Tarrant County state court against several companies and individuals who defrauded American’s AAdvantage frequent flier program. Successfully obtained injunctive relief against several defendants and awarded summary judgment against multiple defendants. Briefed and argued successful defense of appeal of injunctive relief.

• ABM Industries — Successful defense of a Miller Act claim seeking allegedly unpaid fees, extended general conditions and overhead arising from a federal construction project. Secured preferred forum, leading to a quick and favorable settlement.

• Confidential Client — Pre-litigation counseling to defend Fortune 10 industrial client facing allegations of misappropriation of trade secrets related to software development.

• Confidential Client — Pre-litigation counseling to assess claims and resolve software license compliance disputes on behalf of Fortune 50 technology client.

• Sanchez v. City of Austin — Led five-person trial team in a successful First Amendment and due process challenge to the City of Austin’s policy of banning arrestees at the Occupy Austin protest site from returning to any portion of City Hall property, for any purpose, for as much as a year.
  

Yetter Coleman LLP