Our highly regarded interdisciplinary team counsels clients on their rights both before and after a bankruptcy filing against counterparties to commodities contracts and all types of derivatives.  Our full range of services includes advising on the termination of derivative transactions, collateral liquidation, claim calculation and claim allowance and the structuring  of complex energy and commodities transactions to address counterparty bankruptcy risk.

Our engagements in this area include the following representations:

• Commodity forward and swap counterparties in negotiating protections for continuing prepetition transactions and new post-petition transactions.  Representative cases include: Talen Energy, Philippine Airlines, Ultra Petroleum, Halcon Resources, Fieldwood Energy, Sandridge Energy, Hawaiian Airlines, Calpine Energy, and Mirant.
• Intermediation provider to a refinery in bankruptcy, resulting in a full recovery for our client and successful transition to a replacement counterparty during the bankruptcy.
• Customers in commodity broker liquidations, in connection with disputes over the scope of customer property, formulation and allowance of customer claims.
• Physical commodity suppliers in bankruptcies of their customers, including defense of preference and fraudulent conveyance actions, utility designation, and assertion and litigation of claims (including section 503(b)(9) priority claims).
• Derivative counterparties in the Lehman Brothers and Enron derivative claim mediation protocols.

• Bankruptcy Proceedings
• Corporate
• Creditors' Rights Litigation in Bankruptcy and State and Federal Courts
• Litigation
• Mergers, Acquisitions and Joint Ventures
• Out of Court Workouts
• Tax Compliance & Controversy