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Trial lawyer. Complex commercial and class action litigation, with emphasis on antitrust, energy and bankruptcy. Lead trial counsel in multidistrict antitrust, energy and other complex cases. Represents clients in all facets of energy litigation, including exploration, production and marketing. Lead trial counsel in corporate restructurings involving fraudulent conveyance, business valuation, plan confirmation and related issues.
ABA, Antitrust Section; Institute for Energy Law; Rocky Mountain Mineral Law Foundation.
University of Michigan Law School (J.D., 1986, magna cum laude), Order of the Coif; Northwestern University (B.A., 1983, with highest distinction) Phi Beta Kappa; Virginia Military Institute (1980).
United States: Antitrust
Civil litigation/class actions
Within: Civil litigation/class actions
Kirkland & Ellis LLP’s client base, which includes the Chicago Cubs, Bain Capital and EVA Air, reflects its breadth of expertise. Esteemed litigator James Mutchnik, based in Washington DC, was particularly active in 2015, and highlights included defending Health Care Services Corporation against allegations of suppressing competition for outpatient surgical services brought by a private clinic, and defending, as part of a cross-office team, Hitachi and Hitachi Display Products in multiple class actions alleging price-fixing of cathode ray tubes. In Chicago - another key office for antitrust work within the firm’s wide network - David Zott and Daniel Laytin are representing the Blue Cross Blue Shield Association in a series of putative class actions challenging, under antitrust laws, the structure of the association’s health insurance provision. Jay Lefkowitz in New York and Karen Walker in Washington DC together handled a number of pharmaceutical-related cases. Since publication, Matthew Reilly has joined from Simpson Thacher & Bartlett LLP.
United States: Industry focus
Within: Energy: litigation
Kirkland & Ellis LLP’s strength is oil and gas litigation, as evidenced by the defense of BP in relation to the explosion of the Deepwater Horizon drilling rig. Chicago-based Richard Godfrey and Washington DC’s Mike Brock defended BP against allegations of gross negligence with regard to its efforts to respond to the breach. The team reduced the potential exposure faced by BP’s subsidiary by more than $4bn, proving that the oft-quoted ‘five million barrels’ overstated the size of the spill. Statoil Gulf of Mexico retained the team, including David Zott, as trial counsel in a breach of contract dispute relating to overriding royalties on a production lease in the Gulf of Mexico. Other clients include Chesapeake Appalachia and ExxonMobil.