John Estep

Primary Focus & Experience

Mr. Estep maintains an active litigation and counseling practice focused on a wide range of complex commercial and financial restructuring matters. He has experience representing clients in federal and state courts throughout the country, in domestic and international arbitrations, and in bid protests before the Government Accountability Office. He has substantial experience defending clients against class action litigations.    

Mr. Estep has represented leading corporations in an array of sectors, including insurance, energy, media, manufacturing, construction, aerospace, hospitality, higher education, retail, and government contracting. In his restructuring litigation practice, Mr. Estep regularly represents debtors, secured and unsecured creditors, official committees, and other entities in chapter 11 bankruptcy and adversary proceedings.

Select Case Experience:

• Representation of preeminent life insurance company and affiliate in six federal cases, including two putative nationwide class actions, arising out of adjustment of cost of insurance (COI) rates for certain universal life insurance policies.  Defeated class certification.
• Representation of Fortune 250 global media, marketing, and corporate communications company in federal case arising out of outsourced IT services.
• Representation of one of the world’s largest metals manufacturers as claimant in ICC arbitration arising from breach of product warranty. Obtained arbitral award in favor of client.
• Representation of multi-national manufacturer in federal case seeking more than $250 million in damages for alleged breach of contract and tortious interference concerning bauxite shipments in the Republic of Guinea. Obtained dismissal of case at district court. 
• Representation of aerospace manufacturer in Delaware Court of Chancery concerning allegedly fraudulent stock purchase transaction. Obtained partial dismissal of claims.  
• Representation of commercial facility owner in federal court lawsuit arising from plaintiffs’ demolition and environmental remediation work. 
• Representation of CEO of leading hospitality services provider in federal court lawsuit seeking to enforce a foreign judgment. Obtained dismissal of case. 
• Co-chaired jury trial in state court on behalf of individual clients asserting claims against a retirement living facility. Obtained verdict in favor of clients.
• Representation of international engineering, procurement, and construction contractor concerning claims arising from the construction of two 370 MW coal-fired power plants in Chile.
• Representation of wind turbine manufacturer in arbitration arising from alleged defects in turbine blades.
• Representation of Lucky Bucks, LLC and affiliates as chapter 11 debtor, including concerning motion for conversion to chapter 7 (Bankr. Del.).
• Representation of equity investors in Celsius Network LLC’s chapter 11 case (Bankr. S.D.N.Y.).
• Representation of ad hoc group of noteholders in LINN Energy’s chapter 11 case (Bankr. S.D. Tex.).
• Representation of ad hoc group of noteholders in Energy XXI’s chapter 11 case (Bankr. S.D. Tex.).  
• Representation of official committee of unsecured creditors in Ultra Petroleum Corp.’s chapter 11 case (Bankr. S.D. Tex.).
• Representation of ad hoc group of first lien lenders in SH 130 Concession Company, LLC’s chapter 11 case (Bankr. S.D. Tex.). 
• Representation of ad hoc group of second lien creditors in Quicksilver Resources Inc.’s chapter 11 case (Bankr. Del.).

Recognition & Accomplishments

Mr. Estep received his B.A., summa cum laude, from West Virginia University and his J.D. from the University of Virginia School of Law. He is a graduate of the National Trial Advocacy College. 

Mr. Estep is a member of the Order of Augusta, the highest honor West Virginia University confers on a graduate. He has been recognized as a “Rising Star” by Super Lawyers (2016-2019).

Mr. Estep maintains an active pro bono practice and is a multi-time recipient of the Milbank Pro Bono Achievement Award. He represented Edward Simms, a Virginia man who received multiple life sentences for crimes committed as a juvenile during which no one was physically injured. Milbank succeeded in obtaining parole for Mr. Simms, and in January 2020, he stepped foot outside of prison for the first time in 32 years.