Jordan W. Leu

Highlights

• Lead litigator in the representation of a private equity fund in an arbitration dispute over the enforceability of joint operating agreement (JOA) provisions; obtained summary disposition of the opposing party’s primary defense; case thereafter resolved by agreement (Am. Arb. Ass’n)
• As first-chair attorney, obtained judgment on partial findings in favor of lender-clients during trial of equity owner’s claims under the Uniform Commercial Code (Bankr. S.D. Tex.)
• As one of the lead attorneys, successfully defended manufacturer against antitrust claims in an eight-day jury trial (D. Del.)
• As first-chair attorney, obtained $19 million arbitration award in favor of bank on defaulted loans (Am. Arb. Ass’n)
• Lead litigator in the representation of an integrated oil and gas company as debtor in chapter 11 cases where the confirmed plan deleveraged more than $650 million in a debt-for-equity transaction and two significant royalty and working interest owner class actions were certified and settled post-confirmation (Bankr. S.D. Tex.)
• Judgment rendered for law firm under Rule 12(b)(6) in suit brought by client’s insurer; Court of Appeals held that law firm was immune from suit (5th Cir.; E.D. Tex.)

Restructuring Litigation

• Delivered closing argument at confirmation hearing on behalf of industrial ceramics and oilfield products manufacturers as chapter 11 debtors; pre-negotiated chapter 11 plan confirmed (Bankr. S.D. Tex.)
• Lead litigator in the representation of an agricultural holding company and a breed registry throughout their heavily litigated chapter 11 cases; plan confirmed (Bankr. S.D. Tex.)
• Lead litigator in the representation of an ad hoc group of member-owner electric power cooperatives in an electric power company’s bankruptcy case caused by Winter Storm Uri (Bankr. S.D. Tex.)
• Represented purchaser of liquidating energy company’s assets; lead litigator post-sale in settling widespread royalty litigation (Bankr. W.D. Pa.)
• Lead counsel for physician association and management services organization in cure and related disputes in the Prospect Medical Holdings chapter 11 cases (Bankr. N.D. Tex.)
• Representing secured creditor and contract counterparty in sale, cure, and related disputes in the Genesis Healthcare chapter 11 cases (Bankr. N.D. Tex.)
• Lead litigation counsel for foreign affiliate of chapter 11 debtor in settling trust-fund and other claims related to customer payments (D. Del.)
• Lead litigator in representation of equity sponsor and certain officers and directors of upstream company in connection with its chapter 11 cases, which resulted in a $1.3 billion credit-bid asset sale, a global settlement with key stakeholders, and confirmation of a chapter 11 plan (Bankr. S.D. Tex.)
• Represented sponsor and direct parent of chapter 11 debtors in contested chapter 11 cases which involved key settlements that paved the way for a consensual reorganization of a legacy power generation business and the continued operation of new data center and crypto mining growth initiatives (Bankr. S.D. Tex.)
• Represented offshore-focused upstream company as debtor in heavily litigated bankruptcy; plan confirmed, eliminating approximately $3.5 billion in debt (Bankr. S.D. Tex.)
• Represented ad hoc group of lenders in prepackaged chapter 11 cases of oilfield services company (Bankr. S.D. Tex.)
• Represented private equity firms as equity owners of oil and gas company; plan confirmed (Bankr. S.D. Tex.)

Commercial Litigation

• Lead attorney defending oilfield water solutions provider against contractual and tort claims brought by mineral interest owner (S.D. Tex.)
• Summary judgment for national bank on 30 of 31 lender liability counterclaims; bank prevailed on the remaining counterclaim at trial (E.D. Tex.)
• Take-nothing summary disposition for national bank in lender liability case based on alleged wire fraud against bank’s customer (Am. Arb. Ass’n)
• Representing major automotive manufacturer and its affiliate in multiple lawsuits filed by state attorneys general under deceptive trade practices statutes (Multiple Courts)
• Represented agricultural company in litigation filed by Texas attorney general under deceptive trade practices statute; matter resolved by agreement (Tex. Dist.—Harris Cnty.)
• Lead litigation counsel for seller in settling contractual and tort claims arising out of business sale
• Multi-year representation of non-bank lender in class action and various related suits arising from the failure of a home-healthcare program; class settlement approved (Multiple Courts)
• Defended private equity fund and affiliates against tortious interference and breach of contract claims; matter resolved by agreement (Bankr. S.D. Tex.)
• Defended former president and CEO of a South Texas bank in an OCC regulatory investigation; after responding to numerous subpoenas and the client’s deposition, the OCC decided not to assess a civil money penalty (Office of the Comptroller of the Currency)
• Represented non-operator in marketing fee dispute with operator; matter resolved by agreement (Bankr. S.D. Tex.)
• Represented energy company in operatorship dispute and subsequent bankruptcy litigation (Am. Arb. Ass’n; Bankr. S.D. Tex.)
• Represented lender in simultaneously pending Bankruptcy Court and District Court cases involving lender liability and fraudulent transfer claims (N.D. Tex.; Bankr. N.D. Tex.)
• Represented a national bank in a lender liability case based on embezzlement by bank customer’s employee; matter resolved by agreement (Tex. Dist. – Fort Bend County.)
• Represented former directors and officers of a South Texas bank in litigation brought by bank shareholders based on private placement memorandum (Tex. Dist. - Hidalgo County.)
• Defended current and former bank directors in a variety of matters involving allegations of unsafe or unsound practices, gross negligence, breach of fiduciary duty, false entry, and other violations of law and regulation (Office of Financial Institution Adjudication)

Professional Liability Litigation

• Dismissal with prejudice of all claims brought against court-appointed receiver and receiver’s law firm; affirmed by Court of Appeals (5th Cir.; N.D. Tex.)
• Summary judgment for law firm in legal malpractice suit arising from foreclosure; affirmed by Court of Appeals (Tex. Dist. – Dallas County.)
• Partial summary judgment for law firm in professional liability suit by bankruptcy trustee alleging malpractice, breach of fiduciary duty, and aiding and abetting (Bankr. N.D. Tex.; N.D. Tex.)
• Represented law firm in professional responsibility litigation brought by physician and affiliated company; district court upheld privilege assertions and was affirmed by Court of Appeals; matter resolved by agreement (Tex. Dist. – Harris County.)
• Dismissal of all claims brought against law firm on theories including successor liability, breach of fiduciary duty, and fraudulent transfer (S.D. Tex.)

Jordan Leu represents clients across a wide range of commercial and bankruptcy disputes. He consistently thinks outside the box—both before litigation is filed and also when advocating in court or arbitration. Jordan's wide range of experience in state and federal courts and in arbitration includes representing energy companies, financial institutions, private equity firms, manufacturers, service providers, and others in a variety of commercial disputes.

Jordan’s commercial litigation experience includes, among other things, contract disputes, business torts, oil and gas disputes, fraud and misrepresentation claims, lender liability, collections, statutory claims, antitrust claims, price-gouging claims, real-estate litigation, and defending prominent companies in litigation brought by state attorneys general.

Jordan also regularly represents debtors, creditors, sponsors, and other parties in litigation related to financial restructuring and bankruptcy, and defends lawyers and law firms in professional liability cases.

Jordan has significant experience attacking and defending complex valuations and damage models, navigating difficult fiduciary and attorney-client privilege issues, and defending prominent law firms when their work comes under attack. In addition to his client work, Jordan regularly speaks on matters ranging from legal ethics to the unique aspects of litigating in bankruptcy court.