Jonathan P. Guy

Partner
Commercial Litigation

Jonathan Guy has extensive experience as lead counsel in complex commercial litigation matters in trial and appellate courts throughout the United States. He has represented clients in numerous industries, including finance, commodity trading, energy, real estate, telecommunications, manufacturing and healthcare.

Chambers USA has variously described Mr. Guy as someone who is a "zealous advocate for his clients," is "valued for his quick and practical advice," "makes fantastically impressive presentations in court," is able to "listen to a large amount of information" in court and "reduce an argument to its essence," and is an "expert in commercial and bankruptcy-related litigation."

Mr. Guy has most recently been ranked in Chambers USA 2014 as a leading lawyer for Bankruptcy/Restructuring in Washington, D.C. He is also consistently ranked in the Thomson Reuters Washington, D.C., Super Lawyers category for business litigation.

Mr. Guy is Chair of the Community Responsibility Committee for the Washington, D.C., office and has long been active in numerous pro bono cases.

During law school, Mr. Guy worked at the Public Defender Service for the District of Columbia.  Prior to law school, Mr. Guy worked for the U.S. Export-Import Bank, Commerzbank, AG (U.K.) and Swiss Bank Corporation (U.K.).  At Swiss Bank, he was in charge of the operations department of the bank's global derivatives group.

Jonathan Guy

The following are some of his notable clients and matters.

  • California Franchise Tax Board. Mr. Guy represents the California Franchise Tax Board in bankruptcy litigation across the United States.
  • Commonwealth of Pennsylvania.  Mr. Guy represents the Commonwealth in litigation concerning the Master Settlement Agreement with various tobacco companies and in 2014 was successful in reversing an arbitration award against the Commonwealth.
  • Garlock Sealing Technologies. Mr. Guy represents the court-appointed future claimants' representative in complex litigation involving the debtor Garlock Sealing.
  • Delmarva Power & Light. Mr. Guy represented Delmarva Power & Light in connection with a proposed offshore wind power purchase agreement, and certain onshore wind contracts, the first for any Delaware utility.
  • Federal Mogul. Mr. Guy represented Cooper Industries, a principal creditor and holder of an indemnity claim of over US$450 million, in connection with the restructuring of Federal Mogul, a worldwide manufacturer and distributor of automotive and other products.
  • Mirant. Mr. Guy represented Potomac Electric Power Company (Pepco) in complex, cutting-edge litigation concerning the ability of Mirant, a debtor power company, to reject electric power contracts. Pepco prevailed through three appeals against Mirant before the United States Court of Appeals for the Fifth Circuit and extensive litigation before the bankruptcy court, the district court and FERC, obtaining a precedent-setting ruling against Mirant that requires bankruptcy courts to take the public interest into consideration when determining whether a debtor may reject electric power contracts. In a subsequent settlement, Mirant paid Pepco in excess of US$720 million, including all of its legal fees.
  • NRG Energy. Mr. Guy represented Niagara Mohawk Power Corporation and various affiliates as creditors/utility providers and as a member of the creditors' committee in the NRG Energy, Inc. Chapter 11. Mr. Guy was lead counsel for the negotiation of a pass-through arrangement whereby his clients' receiving a full recovery.
  • USGen New England, Inc. Mr. Guy represented National Grid USA and related companies in litigation relating to USGen's asset sales. Mr. Guy's clients' claims, which exceeded US$200 million, were paid in full.

Mr. Guy, the partner in charge of pro bono for Orrick's Washington, D.C., office, has long been active in numerous pro bono matters, including the following.

  • NAACP v. Maryland State Police and Wilkins v. Maryland State Police, a ground-breaking racial profiling case, which resulted in comprehensive reform of policies and procedures of the Maryland State Police.
  • Successful challenge of a proposed federal law seeking to remove patients at St. Elizabeth's Hospital, D.C., found not guilty by reason of insanity to remote federal facilities across the country.
  • Successful appeals from involuntary military discharges under the Don't Ask Don't Tell policy.
  • Successful appeals on behalf of African-American farmers in Pigford v. Veneman, a class-action case regarding race discrimination in the award of benefits and subsidies by the U.S. Department of Agriculture.
  • Advisor to the bipartisan Presidential Commission for the National Museum for African American History.
  • Successfully representing the American Civil Liberties Union of Maryland in an eminent domain/freedom of information case before the Maryland Court of Appeals.
  • Successfully representing an Ocean City boardwalk musician in a free speech case.
  • Successfully representing various applicants of disability benefits, individuals in various immigration proceedings, and victims of domestic abuse.


Speeches
  • "The Kodak Moment: What happens to my IP rights when my licensee/licensor/litigation opponent files for bankruptcy?," April 2012
  • "Bankruptcy Basics," July 2011
  • "Bankruptcy Cases and Lessons from 2009-2010," IECA Presentation, October 2010
  • "Peering Over the Cliff of Bankruptcy, Strategies and Developments," August 2009
  • "Latest Developments in Bankruptcy," IECA Presentation, March 2009
  • "What Keeps a Bankruptcy Lawyer Up at Night… And What We Would Do in Your Shoes," March 2009
  • "When the Music Stops, Key Considerations in Termination and Close-Out," IECA Panel, October 2008
  • "Navigating the Hazardous Waters of Bankruptcy, Challenges and Opportunities in the Structured Finance Market," April 2008
  • "Troubled Deals and Bankruptcy," March 2008
  • Mr. Guy is a frequent speaker on litigation-related insolvency issues.
Select Publications
Admitted In
  • District of Columbia
  • New York
  • England and Wales (not currently practising as an English Solicitor)
Court Admissions
Supreme Court of the United States
    United States Courts of Appeals
    • District of Columbia Circuit
    • Third Circuit
    • Fourth Circuit
    • Fifth Circuit
    United States District Court
    • District of Columbia
    • Maryland
    • Northern District of New York
    • Southern District of New York
    Superior Court of the District of Columbia

      Education
      • B.S.C., Honors, Economics, London School of Economics and Political Science, 1983
      • J.D., Stanford Law School, 1993
      Honors
      • Member, Stanford Law Review
      • Recognized in Chambers USA - America's Leading Business Lawyers 2007 to 2014
      • Recognized in Legal 500, United States, 2009, as a leading lawyer
      • Recognized by Thomson Reuters Washington, D.C., Super Lawyer, Business Litigation, 2012 to 2014.
      Memberships
      • The District of Columbia Bar
      • New York State Bar Association
      • American Bankruptcy Institute
      • Law Society of England and Wales
      • International Energy Credit Association

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