Bankruptcy-Related Matters

• Brazos Electric Power Cooperative: Representation of Brazos in its chapter 11 case in the United States Bankruptcy Court for the Southern District of Texas. Representation included leading O’Melveny’s team in a two-week trial against ERCOT and various market participants regarding ERCOT’s US$2.1 billion claim, favorably resolving litigation with Brazos’s two largest members on claims totaling more than US$1 billion, as well as developing, garnering support for, and ultimately confirming Brazos’s Plan of Reorganization which reduced Brazos’s liabilities by approximately US$3.2 billion through the payment of claims and settlements embodied in the Plan.
• National Rifle Association: Counsel for Official Committee of Unsecured Creditors. Represented UCC in multi-week trial on motion to dismiss and motion to appoint chapter 11 trustee.
• Punch Bowl Social: Counsel for senior secured lender in restructuring of nationwide restaurant chain. Represented successor company in follow-on litigation with former subsidiary, the subsidiary’s subsequent bankruptcy filing and multiple adversary proceedings, and a global resolution.
• Carbo Ceramics: Counsel for secured lender and owner of reorganized company in successful debt for equity swap of producer of sand proppant and other products used in hydraulic fracturing.
• Eventide Credit Acquisitions: Litigation counsel in successful dismissal of three separate debtor filed adversary proceedings seeking emergency injunctive relief and hundreds of millions of dollars in breach of contract damages.
• Elk Petroleum: Debtors’ counsel in contentious restructuring achieved through global settlement of equity committee challenge to RSA and related Chancery Court litigation against debtors’ directors and officers.
• Laser Spine Institute: Represented secured lenders in obtaining dismissal of multiple adversary matters stemming from insolvency proceedings in Florida.

Commercial Litigation Matters

• Representing the nation’s largest homebuilder in sprawling environmental litigation concerning the redevelopment of the former Hunters Point Naval Base in San Francisco.
• Obtained take nothing jury verdict on behalf of real estate consultant firm following a five week jury trial in Dallas, Texas. Plaintiff sought more than $1.2 billion on breach of fiduciary duty, breach of contract, and negligence claims
• Represented publicly-traded company in multiple nationwide data breach class actions alleging claims and damages arising from stolen payment card information from a data breach incident at corporate-owned restaurants.
• Represented engineering firm in claims brought by liquidation trustee of bankrupt oil and gas exploration company alleging fraud and breach of contract. After close of discovery and filing of dispositive motions, matter settled favorably.
• Represented multiple healthcare systems in putative class actions related to billing practices.
• Represented healthcare defendants in putative ERISA class action.
• Represented office supply retail company in putative nationwide products liability class action. After minimal initial discovery, matter settled on very favorable terms.
• Obtained summary judgment in Texas state court on behalf of motion picture exhibitor in contentious antitrust action brought by another exhibitor. Supreme Court of Texas affirmed the judgment.
• Secured a reverse-and-render decision from Sixth Court of Appeals on behalf of Texas-based oil and gas company after protracted litigation involving claims for breach of contract, fraud, negligent misrepresentation, unjust enrichment, and money had and received.
• Represented fuel-loyalty company in three-week jury trial in Dallas County, Texas, in pursuit of fraud claims against company’s minority owner and in defense of breach-of-fiduciary duty claims brought by the minority owner.