Jorge Gutierrez’s practice is devoted to complex commercial litigation.
Jorge joined Gibbs & Bruns in 2017 after beginning his litigation career with Wachtell, Lipton, Rosen, & Katz in New York.
EnVen Energy Corp. v. Dunwoody
Trial victory in representation of David Dunwoody, in case brought in Delaware Chancery Court by former company EnVen Energy Corp. EnVen alleged that Mr. Dunwoody’s father was affiliated with one of EnVen’s suppliers and that Mr. Dunwoody concealed his father’s relationship from the Company. Trial was held from July 24-28, 2023. At the close of evidence, Chancellor McCormick announced her impressions, all in favor of Mr. Dunwoody, including that Dunwoody “was not aware that this father received commissions from OPT until this lawsuit” and that it was “difficult to conclude that Mr. Dunwoody, Jr. should have known about the commissions.” The Chancellor remarked that “Mr. Dunwoody, Jr. told Mr. Weyel [EnVen’s CEO] about his concerns of his father’s relationship with OPT” and that “Mr. Weyel was the logical person to tell.” After numerous other impressions in favor of Mr. Dunwoody, the Chancellor concluded that “I imagine that’s not great news for half of you.” After receiving the Chancellor’s remarks, EnVen agreed to dismiss its claims against Dunwoody with prejudice—for zero dollars.
AVAIO MPL Special, LP, et al. vs. Mexico Pacific Limited LLC, et al.
Represented Q-LNG Holdings, LLC and individual defendants in a suit filed in Delaware Chancery Court, in June 2022, by Avaio MPL Special, LP and other unitholders in Mexico Pacific Limited LLC in a preemptive-rights dispute involving a billion-plus dollar project to develop an LNG export business on the West Coast of Mexico.
Tanos Exploration II, LLC v. PetroTech Solutions, LLC, et al.
Represented Tanos Exploration II, LLC in a suit filed in April 2020 against its chemical supplier, Petro Tech Solutions, LLC, in Harrison County, Texas for products liability, breach of contract, and breach of warranty. On December 25, 2019, one of Tanos’s wells in East Texas had a blow-out, which resulted in an out-of-control well and the evacuation of the surrounding area. Tanos got the well under control, and in investigating the cause of the blow-out, found severe corrosion in the valve at the well head. Tanos discovered that the chemicals that Petro Tech had injected into the blown-out well – and approximately 28 of their other wells – were actually highly corrosive and literally chewed away the metal to which they were exposed. Tanos spent several million dollars repairing the blown-out well, and then spent millions more in testing and working over each of its other affected wells. Tanos’s equipment losses and repair costs exceeded $12 million, and its lost reserves totaled an additional $3 million; total losses were approximately $15 million. Tanos also alleged exemplary damages against PetroTech, and months before trial, the Court found that Tanos had “demonstrated a substantial likelihood of success on the merits of a claim for exemplary damages.” After multiple continuances requested by Defendants, this matter settled very favorably for Tanos on confidential terms shortly before trial was scheduled to begin in February 2023.
David M. Dunwoody, Jr. v. EnVen Energy Corp. et al.
Represented David Dunwoody, co-founder and former president of EnVen, in a dispute under his employment agreement. Mr. Dunwoody sought damages for his severance benefits package, including the value of his unvested shares, which EnVen had refused to provide for more than two years. After a three-week trial, the jury returned its verdict finding that Mr. Dunwoody had multiple, independent grounds for contractual “Good Reason,” each entitling him to his severance benefits package, and awarded Mr. Dunwoody full damages. In September 2021, the court entered a $12.4 million final judgment in favor of Mr. Dunwoody.
Occidental Chemical Corporation v. 21st Century Fox America, Inc., et al.
Representing Occidental Chemical Corporation in a suit filed on June 30, 2018 in which Occidental is seeking contribution from more than 100 defendants for, among other costs, the $165 million Occidental has agreed to spend to design the dredge-and-cap remedy the Environmental Protection Agency (EPA) has determined is necessary to remediate pollution in the lower 8 miles of the Passaic River.
BTEC New Albany LLC v. NRG Texas Power LLC
Brought claims on behalf of BTEC New Albany LLC (“BNA”) against NRG Texas Power LLC (“NRG”) for breach of a $110 million power-plant purchase agreement. Under the agreement, BNA dismantled, transported to Texas, and rebuilt a gas-fired power plant, which NRG had contracted to purchase. BNA sought declaratory judgments including that NRG was required to close under the purchase agreement and pay the contractual purchase price. BNA also sought damages under the contract. NRG counterclaimed and sought contractual damages. In June 2018, and after successfully maintaining a trial setting within a year of filing suit, the case settled on favorable terms.
Sanchez Oil & Gas v. Terra Energy Partners
Representing Sanchez in a trade secret and breach of fiduciary duty case against Terra and three individuals. Sanchez obtained a temporary restraining order and temporary injunction. The matter is pending.
Yale Law School, J.D., 2012
Yale Journal of Regulation (2010-2011)
Yale University, B.A., summa cum laude, with distinction in political science, 2009
Named in Lawdragon‘s “500 Leading Energy Lawyers,” 2024
Listed in The Best Lawyers in America
Commercial Litigation, 2024
Recognized as a “Key Lawyer” by Legal 500 US
General Commercial Disputes, 2023
Listed in The Best Lawyers in America: Ones to Watch
Commercial Litigation, 2021-2023
Energy Law, 2021-2022
Named a “Texas Rising Star” by Thomson Reuters’ Texas Super Lawyers, 2023-2024
State Bar of Texas, 2017
State Bar of New York, 2013