Luckey McDowell

Luckey McDowell

Partner

Luckey is US Head of Restructuring.

With particularly deep experience representing energy sector clients, Luckey focuses on capital restructuring for highly leveraged companies, out-of-court workouts, insolvency-specific guidance to boards, and all aspects of bankruptcy cases throughout the country. He also has extensive experience representing buy-side clients negotiating with financially distressed companies.

Within the energy industry, Luckey’s clients include companies involved conventional and renewable power generation, as well as oil and gas exploration and production and oilfield services.

Experience

Representative matters

Corporate Restructurings

Director and management team of Lucky Bucks—one of the largest operators of coin-operated amusement machines in the US—in the company’s chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.

Leading U.S. Oil & Gas services provider, as company counsel, in liability management transaction and balance sheet restructuring.

Amyris as special mergers and acquisitions and commercial transactions counsel in its Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.

Southland Royalty Company—a private-equity sponsored E&P company with interests in over 8,000 wells throughout Wyoming, New Mexico, and Colorado—in its chapter 11 cases, related litigation and asset sales.

Ad Hoc Group of Intervenor Market Participants in litigation of ERCOT’s $1.8 billion claim against Brazos Electric Power Cooperative in connection with Brazos’ chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas, and related appellate matters before the United States Court of Appeals for the Fifth Circuit.

NRG in the chapter 15 cases of Just Energy and related appellate matters before the Fifth Circuit Court of Appeals.

NRG in the pre-arranged chapter 11 cases of its subsidiary GenOn Energy with $2+ billion of funded debt and the separation of GenOn from NRG to a stand-alone enterprise (previous firm experience).

West Virginia oil & gas producer in its out-of-court restructuring and sale (previous firm experience).

New Gulf Resources—a private upstream energy company—in its pre-arranged chapter 11 cases in the United States Bankruptcy Court for the District of Delaware (previous firm experience).

Hercules Offshore, Inc.—an offshore contract drilling and liftboat services company in the oil and gas industry—in its prepackaged chapter 11 cases in the United States Bankruptcy Court for the District of Delaware (previous firm experience).

Global Geophysical Services, Inc., as debtors counsel in the chapter 11 cases of a provider of seismic data to the Oil & Gas industry in the United States Bankruptcy Court for the Southern District of Texas and related Colombian cross-border insolvency proceeding (previous firm experience).

The Pacific Lumber Company—a timber harvesting and milling company—in its Chapter 11 cases (previous firm experience).

ASARCO LLC—a large copper producer—in connection with its complex chapter 11 bankruptcy cases (previous firm experience). 

Halliburton Company—the parent company—in its prepackaged bankruptcy to isolate asbestos and silica-related liabilities.

Acquisitions

Bidder in the chapter 11 cases of Proterra—a California-based designer and manufacturer of electric transit buses and components, batteries and electric drive trains—in the United States

Bankruptcy Court for the District of Delaware.

Bidder in the chapter 11 cases of Cyxtera—a data center colocation and interconnection services company—in the United States Bankruptcy Court for the District of New Jersey.

Bidder in the chapter 11 cases of Akorn Pharmaceuticals, an American generic pharmaceuticals manufacturer, in the United States Bankruptcy Court for the District of Delaware.

NRG in its acquisition of renewable energy projects both within and outside of SunEdison's chapter 11 cases (previous firm experience).

NRG in its $2.6 billion acquisition of Edison Mission Energy and post-closing claims resolution process (previous firm experience).

Hunt Power Holdings L.L.C. in pursuit of a $12 billion acquisition of Oncor Electric Delivery Company in the Chapter 11 cases of Energy Future Holdings (previous firm experience).

Institutional investor in the acquisition of substantially all of the assets of Australis Aquaculture Limited, a publicly-traded Australian company under the control of an administrator (previous firm experience).

Competing plan proponent in the Chapter 11 cases of Cobalis Corp, a pharmaceuticals company (previous firm experience).

Strategic Counterparty Representations

Ad Hoc Group of Counterparties holding approximately 2,000 MWh in long-term power purchase agreements in PG&E’s chapter 11 cases in the United States Bankruptcy Court for the Northern

District of California.

Counterparties in forward-contract termination dispute related to coal supply agreement in Peabody Energy’s Chapter 11 cases (previous firm experience).

Counsel to Sherwin Alumina, a cogeneration power plant, in connection with the bankruptcy filing, and subsequent liquidation, of its on-site host company (previous firm experience). 

Major League Baseball Players Association in the Texas Rangers' chapter 11 case in the United States Bankruptcy Court for the Northern District of Texas and related transactions (previous firm experience). 

SemGroup Energy Partners, L.P., a publicly traded MLP, in connection with the bankruptcy case of its ultimate parent company, SemGroup, L.P. (previous firm experience).

Published Work

  • “Is the Regulated Utility Business Model Ultimately to Blame for PG&E Chapter 11 Filing?”, S&P Global, 2019
  • “Ch. 11 Filing Gives PG&E Chance to Douse Future Fire Claims”, Law360, 2019
  • “California Shouldn’t Waste a PG&E Bankruptcy”, Bloomberg News, 2019

Speaking Engagements

  • Panelist, “Buying Assets Out of Bankruptcy”, IPAA’s Industry Insights Webinar, July 2020
  • Panelist, “Proactively Navigating Distress in the Oil & Gas Industry”, IPAA’s Industry Insights Webinar, April 2020 
  • Panelist, Texas Journal of Oil, Gas, and Energy Law Symposium, February 2020
  • Panelist, Debtwire Distressed Energy Forum, Houston, November 2016

Leadership Positions And Professional Affiliations

  • Member, Dallas Association of Young Lawyers
  • Member, Dallas Bar Association
  • Member, DFW Association of Young Bankruptcy Lawyers
Recognition
Very effective and has a no-nonsense approach.
Chambers USA, 2023
Luckey is an excellent bankruptcy lawyer. He has a great bedside manner and is very smart.
Chambers USA, 2022

Awards

  • Leading lawyer in Bankruptcy/Restructuring – Texas, Chambers USA, 2019-2024
  • Best Lawyer in Dallas - D Magazine, Bankruptcy & Workout, 2024, 2021

Qualifications

Admissions

State of Texas, 2002

Academic

Bachelor of Business Administration, Economics and Insurance, Baylor University, 1999
J.D., Duke University, 2001
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.