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Energy

Utilities

Our utilities team is more than 40-strong, providing a wide variety of legal services to numerous electrical, gas, and water utilities. For decades, it has been our honor to serve as counsel for Louisville Gas and Electric Company, Kentucky Utilities Company, Duke Energy Corporation, Direct Energy LP, East Kentucky Power Cooperative, and American Electric Power Service, and many more clients in the utility industry. Our representation of utilities spans decades and is spread across our entire footprint—from Dallas to Pittsburgh and most places in between.

Sub-Industry Contact

  • Jeremiah A. Byrne

    Member

    Louisville, KY

Core Capabilities

Bankruptcy & Restructuring

National Representation

We represent utilities in bankruptcy matters on a nationwide basis, providing consistent cross-jurisdiction support grounded in a focused understanding of each client’s business and the issues unique to their industry. Our team has significant experience handling high-profile bankruptcy actions for a number of clients, including:

  • Enron (New York, NY)
  • Lyondell Chemical Company (New York, NY)
  • Chrysler (New York, NY)
  • Borders Books (New York, NY)
  • Value City (New York, NY)
  • Collins & Aikman (Detroit, MI)
  • Flying J (Delaware)
  • Linens N Things (Delaware)
  • RadioShack (Delaware)
  • Toys R Us (Delaware)
  • Smurfit Stone (Delaware)
  • Circuit City (Richmond, VA)
  • James River Coal (Richmond, VA)
  • Max & Erma’s (Pittsburgh, PA)
  • Payless Shoes (St. Louis, MO)
  • Windstream (New York, NY).

Expertise Specific to Utility Companies in Bankruptcy

We are experienced and knowledgeable with respect to the industry-specific issues utility providers face as creditors and suppliers in Chapter 11 reorganizations and Chapter 7 liquidations. In light of the special  Bankruptcy Code provisions which apply only to utility providers, our team has developed appropriate and effective defenses to Bankruptcy claw back actions through our many years of defending utility companies.

Types of Services

We provide the following services to our utility provider clients:

  • Provide planning advice when it appears that a customer is in financial trouble and may be headed toward bankruptcy.
  • Guiding providers and creditors through Chapter 11 reorganizations and Chapter 7 liquidations.
  • Representing utility providers with regard to bankruptcy issues involving supply contracts, power purchase contracts and pole attachment agreements.
  • Negotiate and effectuating adequate assurance measures to protect our clients for post-petition utility services provided to customers who are in the midst of a bankruptcy proceeding.
  • Defending our clients against preference claims, fraudulent conveyance claims, and other claw back claim actions.
  • Reviewing daily bankruptcy reports to identify matters in which our clients may have an interest.
  • We have defended utility companies in various stay violation matters.

Personal Injury & Tort Defense

Our trial lawyers have a wealth of experience defending electrical and gas utilities in defense of wrongful death, personal injury, and property damage lawsuits.  We have trial lawyers throughout our footprint in Kentucky, Indiana, Tennessee, and Ohio. Our defense of electrical and gas utilities ranges from residential fires, to asbestos lawsuits, to electrical contact injuries, to large-scale disasters. With decades of experience representing utilities, we have a deep understanding of our utility clients’ core business values and an excellent working knowledge of the industry.

Frost Brown Todd also has extensive asbestos and silica litigation practice. Our attorneys have been heavily involved in national asbestos and silica litigation for more than twenty years, and we offer a depth of experience to navigate our utilities clients through the asbestos and silica litigation they face while avoiding crucial mistakes made by other companies.

Representative Cases

  • Jefferson Circuit Court, Louisville, Kentucky– Our trial lawyers obtained a defense verdict in favor of an electrical utility company in a motorcycle lawsuit seeking $4.5 million in personal injury damages.
  • Union Circuit Court, Morganfield, Kentucky– Our trial lawyers obtained a defense verdict in favor of an electrical utility company and tree trimming company on property damage claims related to a tree fall accident.
  • Jefferson Circuit Court, Louisville, Kentucky – Our trial lawyers obtained a complete dismissal of all claims against an electrical utility company in a wrongful death house fire lawsuit seeking more than $13 million in damages.
  • Jefferson Circuit Court, Louisville, Kentucky – Our trial lawyers gained summary judgment in favor of a gas and electric utility company on personal injury claims in motorcycle case seeking more than $4 million in compensatory and punitive damages.
  • United States District Court for the Western District of Kentucky – Our trial lawyers obtained summary judgment in favor of a gas and electric utility company on wrongful death and loss of consortium claims related to a workplace accident.

Business Litigation

Our lawyers understand the business of both regulated and unregulated utilities, including the types of business disputes that commonly arise. We have decades-worth of experience assisting utilities in business litigation matters through negotiation, motion practice, mediation, trial, and appeal. Our trial team is experienced in and adept at handling all types of business litigation for utilities, from lawsuits and arbitrations concerning short and long-term power purchase agreements to power supply contracts, vendor contracts, and other complex agreements. We also understand the impact of regulation on a utilities’ relationship with contracting parties and others.

Area of Focus

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