Richard U. S. Howell, P.C.

Co-lead trial counsel for Actavis, Inc. (n/k/a Allergan) in successful defense involving litigation concerning allegations of injuries regarding Androderm®, a testosterone replacement therapy (TRT) drug. In 2021, after less than one hour of deliberation, a seven-person jury returned a unanimous defense verdict for Actavis following a two-week trial.

Co-lead counsel for Allergan in litigation related to the sale and marketing of opioid pain killers. Kirkland secured dismissal of RICO claims. Settlement achieved in 2022 during a bench trial.

Co-lead counsel in three-week jury trial for 3M and its subsidiary Aearo Technologies in products liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs™ version 2 (CAEv2).

Lead trial counsel for Windstream Holdings, Inc., and its debtor subsidiaries in their Chapter 11 restructuring and in related litigation proceedings, including in an adversary dispute involving the breach of a master lease agreement. In 2020, obtained settlement worth over 2.1 billion dollars related to that dispute and preserved that settlement at trial over objection. Following the settlement, Windstream's plan of reorganization was confirmed and the company emerged from Chapter 11. The American Lawyer recognized Rush as a “Litigator of the Week” for this successful settlement. In 2021, Kirkland won dismissal of challenges by certain creditors to the confirmation of Windstream's Chapter 11 plan and the Uniti settlement.

Lead trial counsel for YRC Worldwide, Inc. in its successful defense against a groundwater contamination lawsuit brought by the Village of Sauk Village, Illinois. Obtained an unanimous jury verdict for the defense at trial in federal court in Illinois.

Lead trial counsel for Comvest Equity Partners, LLC and all other defendants, in a complete victory at trial against the Official Committee of Unsecured Creditors of HH Liquidation, LLC. After a week-long bench trial in Federal Bankruptcy Court in Delaware, defendants prevailed on all 78 counts vindicating their position against claims for fraudulent transfer, constructive fraud, breach of fiduciary duty, substantive consolidation, recharacterization and equitable subordination.   

Lead trial counsel for iHeartMedia, Inc. and certain of its subsidiaries in their Chapter 11 restructuring and in contentious litigation with iHeart’s creditors, including a lengthy adversary proceeding relating to alleged “springing liens” sought by a creditor group that resulted in a key 2019 trial victory. iHeart also emerged from bankruptcy in 2019 following the closing of a complex series of transactions and settlements that were incorporated into its plan of reorganization. This was the largest Chapter 11 case filed in 2018 by funded debt.

Lead trial counsel for Linn Energy, LLC and its affiliates in its Chapter 11 cases filed in the United States Bankruptcy Court for the Southern District of Texas. Linn is a leading independent oil and natural gas exploration and production company with operations in 12 states and eight discrete U.S. regions.

Trial counsel for Patriot Coal Corporation and certain of its affiliates, producers and marketers of coal in the eastern United States with several active mining complexes in West Virginia, in their Chapter 11 proceedings before the United States Bankruptcy Court for the Eastern District of Virginia. In less than five months, Patriot completed a successful Chapter 11 reorganization that addressed $790 million in funded debt obligations. Patriot Coal was recognized by Turnaround Management Association as the 2016 “Mega Deal of the Year.”

Lead trial counsel for Payment Alliance, Inc. in a successful arbitration of contract and fraud claims.

Trial counsel for Energy Future Holdings Corp., the largest electricity generator, distributor and provider in Texas. Defeated claims for $1.4 billion in added recoveries in federal bankruptcy court in Delaware. Following trial, debtors’ plan confirmed and proposed inter-debtor settlements approved.

Litigation counsel for Southcross Holdings LP and its subsidiaries (including Southcross Energy Partners, L.P., a master limited partnership), in a successful prepackaged Chapter 11 bankruptcy ― the first sponsor-backed prepackaged bankruptcy in the oil and gas industry. This 15-day bankruptcy was the shortest Chapter 11 reorganization case in U.S. history for a debtor with more than $500 million in liabilities.

Litigation counsel for Syncora Holdings Ltd. and certain of its subsidiaries in the City of Detroit's Chapter 9 case, the largest-ever municipal bankruptcy filing. Syncora, through subsidiaries, insured or held a substantial amount of the City of Detroit's municipal finance debt obligations. After more than a year of vigorous litigation regarding multiple elements of Detroit's bankruptcy filing and proposed plan of adjustment, Syncora and Detroit entered into an innovative settlement that resolved all outstanding issues between the parties, delivered substantial value to Syncora and its subsidiaries, and created the foundation for Syncora's long-term partnership with and real-estate development and other investment in Detroit.

Successfully defended pharmaceutical manufacturer AAIPharma Services in numerous product liability lawsuits alleging injury from the ingestion of Darvon/Darvocet.

Trial counsel for Emerald Oil, Inc., a Denver based independent exploration and production company that is focused on acquiring acreage and developing wells in North Dakota and Montana, in Emerald's ongoing Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware.

Trial counsel for AMF Bowling, the world's largest owner and operator of bowling centers and a leader in the bowling industry, in its Chapter 11 case in Richmond, Virginia. As part of its highly successful and fully consensual Chapter 11 plan of reorganization that raised $310 million in new financing, AMF Bowling merged with Bowlmor on July 1, 2013, becoming the largest operator of bowling centers in the world. Turnarounds & Workouts recognized AMF's restructuring as one of the most successful restructurings of 2013.

Successfully represented Edison Mission Energy (EME) in its Chapter 11 case before the United States Bankruptcy Court for the Northern District of Illinois, culminating in the restructuring of approximately $5 billion in senior unsecured notes and other debt obligations. In addition, and after more than a year-long investigation, the Chapter 11 plan incorporated a global settlement of all claims and disputes with EME’s parent company, Edison International, resulting in approximately $1 billion in additional value for EME’s estates.

Successfully defended a portfolio company of Madison Dearborn Partners in a products liability lawsuit alleging that leaks in gas canisters were the result of a defective valve.