Jason Lee Boland

Partner
Norton Rose Fulbright US LLP

Houston
United States
T:+1 713 651 3769
Houston
United States
T:+1 713 651 3769
Jason Lee Boland

Jason Lee Boland

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Biography

Jason joined the Norton Rose Fulbright's Houston office in September 2003.  He has a diverse and nationwide practice centering on business bankruptcy matters and complex commercial disputes.  Since joining the firm, Jason has represented a broad range of clients, including debtors, lenders, litigation trustees, indenture trustees, and secured and unsecured creditors, in both transactional and litigation-related engagements, and he has represented both plaintiffs and defendants in complex commercial litigation matters pending in federal courts across the country.


Professional experience

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JD, summa cum laude, Texas Tech University School of Law, 2003
BA, Government, University of Texas, 2000

Jason is a member Phi Kappa Phi, Phi Delta Phi, and the Order of the Coif. During law school, he served as Comment Editor for the Texas Tech Law Review as well as associate editor of the Texas Tech Legal Research Board.

Jason was admitted to practice law in Texas in November, 2003. Jason is also admitted in the Southern, Northern, Eastern and Western Districts of Texas, the Colorado District Court, the Fifth Circuit Court of Appeals, and the Tenth Circuit Court of Appeals.

  • Texas State Bar

Some examples of Jason's prior experience include:

Bankruptcy Experience:

Debtor Representation

  • Debtors' counsel to one of the largest providers of frac material logistics, onshore/offshore cleaning services, and drilling fluid sales based in Texas and Louisiana, successfully confirming plan; chapter 11 cases were recognized by the 2019 Turnaround Atlas Awards as the Energy Restructuring of the Year (Mid-Market)
  • Debtor's counsel to a publicly traded independent oil and gas company and its affiliated subsidiaries whose operations were principally focused on both onshore and offshore opportunities in the Cook Inlet of Alaska as well as the development of offshore projects in the Gulf of Mexico and onshore oil opportunities in Texas and Louisiana, successfully confirming plan of reorganization
  • Debtor's counsel to a California mountain resort town in its chapter 9 municipal bankruptcy case, ultimately concluding and dismissing the case in a matter of months after settling with the town's major counter-party
  • Debtor's counsel to one of the largest offshore drilling companies in the Gulf of Mexico that provided contract drilling services to the oil and natural gas exploration and production industry through its fleet of mat-supported jackup rigs, successfully confirming full-payment chapter 11 plan of reorganization
  • Debtor's counsel to one of the largest print and online media companies in the largest bankruptcy case ever filed in the State of Texas, successfully restructuring $10 billion in debt in a 9-month reorganization
  • Debtor's counsel to one of Russia's largest oil and gas companies with over $20 billion in assets in its efforts to deal with major tax disputes with the Russian Government, and later to resist a proposed liquidation of the company that emerged in relation to a U.S. chapter 15 case pending in New York


Monitor / Foreign Representative Representation

  • Counsel to Canadian appointed monitor and foreign representative of two oil and gas exploration and production companies in Chapter 15 cases commenced in the Southern District of Texas
  • Counsel to Canadian appointed receiver and foreign representative of two companies who maintained a fleet of specialized off-road trucks and equipment designed to move drilling rigs and related auxiliary equipment and housing units from one drill site to another, in Chapter 15 cases commenced in the Western District of Texas


Indenture Trustee Representation

  • Counsel for the successor indenture trustee of $2.235 billion in senior unsecured notes in one of the largest U.S. bankruptcy filings in 2018 involving a diversified media, entertainment, and data company reaching across multiple advertising-supported and consumer-focused platforms
  • Counsel for the indenture trustee of $750 million in bonds secured by California Redwood timberlands culminating in a multi-week valuation trial, contested confirmation hearing involving five competing plans of reorganization, and multiple appeals to the Fifth Circuit Court of Appeals


Litigation Trustee Representation

  • Counsel to a litigation trustee appointed pursuant to a confirmed plan of reorganization to pursue various claims against principals of a large, privately held company; case ultimately settled favorably for the firm's clients after obtaining a preliminary injunction


Creditors' Committee & Ad Hoc Committee Representation

  • Co-counsel to the unsecured creditors' committee of a publicly owned multinational oilfield service company and one of the world's leading providers of equipment and services used in the drilling, evaluation, completion, production, and intervention of oil and natural gas wells
  • Counsel to the unsecured creditors' committee of a copper-mining, smelting, and refining company based out of Arizona which had over $1 billion in assets
  • Counsel to the unsecured creditors' committee of a Houston-based executive suite provider to small businesses
  • Counsel to an ad hoc committee of the second lien noteholders holding over $1.4 billion in secured second lien notes in connection with a Houston-based oil and natural gas exploration and production company that commenced bankruptcy proceedings in the Southern District of Texas
  • Counsel to an ad hoc committee of noteholders holding nearly $834 million in unsecured notes in connection with a publicly-traded, independent oil and natural gas company that commenced bankruptcy proceedings in the Southern District of Texas
  • Counsel to an ad hoc committee of senior unsecured creditors holding, controlling, or otherwise having discretionary authority over the disposition of certain unsecured indebtedness totaling approximately $1.46 billion in connection with a publicly-traded, independent oil and natural gas exploration and production company headquartered in Houston
  • Counsel to an ad hoc committee of senior unsecured creditors holding over $1.1 billion in unsecured notes in connection with a Houston-based master limited partnership that was formed to acquire, develop, and exploit oil and natural gas properties located in Texas, Louisiana, Wyoming and offshore Southern California


Secured and Unsecured Creditor Representation

  • Counsel to working interest owner in case involving a debtor contract oil and gas operator operating prospects in Texas and Southern Louisiana
  • Counsel to participating interest owner under a joint operating and related services agreement governing the exploration and production of oil and gas in Peru
  • Counsel to natural gas provider to bankrupt natural gas aggregator serving the Chicago market, involving litigation regarding the termination and liquidation of forward contracts
  • Counsel to party-in-interest in connection with case involving 23 affiliated foreign shipping companies providing worldwide sea borne transportation services, successfully reversing and vacating five lower court orders in an appeal before the Fifth Circuit
  • Counsel to a secured lender of a Virgin Islands telephone, cable and newspaper operating company whose claim exceeded $500 million
  • Counsel to a major utility company accused of receiving a $2 billion fraudulent transfer in connection with a public offering of the stock of a subsidiary
  • Counsel to secured lenders of a large supplier of poultry products to major grocery chains, distributors, wholesalers, restaurants, and institutional food accounts throughout the United States whose claims exceeded $7 million
  • Counsel to numerous parties in preference and fraudulent transfer actions throughout the United States
  • Counsel to numerous secured and unsecured creditors in prosecuting, defending and settling claims in bankruptcy cases throughout the United States


Asset Sales and Acquisitions

  • Counsel to various purchasers of assets in connection with section 363 sales conducted in bankruptcy court
  • Performed various due diligence in sales transactions inside and outside of bankruptcy on behalf of buyers and sellers


Securitizations/Financings

  • Special counsel to various parties in connection with rendering bankruptcy opinions involving securitizations and other financings, including non-consolidation, true sale, safe harbor, and preference opinions


Other Litigation Experience:

  • Counsel to former officers and directors of a for-profit, general acute care hospital in defense of three separate actions alleging breaches of fiduciary duties, preferential transfers and fraudulent transfers; the cases each ultimately settled favorably for the firm's clients
  • Counsel to institutional lender in connection with a breach of contract and declaratory judgment action against one of the largest military housing developers in the U.S.; awarded full judgment in excess of $12 million (including attorney's fees and interest) following three-day bench trial
  • Counsel to a consortium of banks in connection with a breach of contract and declaratory judgment action against principals of one of the largest privately held homebuilders in the US; after a three day evidentiary hearing, obtained a preliminary injunction freezing over $60 million of the defendants' assets pending final judgment; the case ultimately settled resulting in over $108 million paid to the firm's clients
  • Counsel to former officers and directors in defense of action alleging breaches of fiduciary duties, negligent misrepresentation, illegal dividends, fraudulent transfers, preferences, recharacterization and equitable subordination, claiming damages in excess of $160 million; after briefing, obtained a complete dismissal of all fiduciary duty and state law claims against firm clients and settled remaining bankruptcy-related claims for a nominal amount
  • Counsel to an investment property acquisition and management company in connection with state court proceeding involving various state law causes of action, including breach of contract, money had and received, and unjust enrichment, ultimately obtaining a judgment for the full relief sought
  • Conducted numerous jury and bench trials as a Prosecutor for the City of Houston as part of the firm's Attorney Loan Program
  • Managed all aspects of litigation, including researching and drafting legal memoranda on a variety of legal topics, drafting and arguing various pleadings, handling and coordinating all aspects of discovery and electronic discovery, managing various outside vendors in relation to the discovery process, and identifying, prepping and examining expert and fact witnesses for pre-trial and trial matters.
  • Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Best Lawyers, 2020
  • Texas Super Lawyer, Business: Bankruptcy, Thomson Reuters, 2018 - 2019
  • Texas Rising Star, Bankruptcy & Creditor/Debtor Rights, Thomson Reuters, 2013, 2017 - 2018
  • Legal 500 US, recommended lawyer, Finance-restructuring (including bankruptcy)-corporate, The Legal 500, 2017
  • Who's Who Legal, Houston Business Journal, 2015
  • Co-Author, "A Primer on Bankruptcy in the US and Canada," Client Lunch & Learn Presentation, May 17, 2016
  • "Bankruptcy Basics:  What Every Non-Bankruptcy Lawyer Needs to Know for Deals & Disputes," Federal Bar Association, Southern District of Texas Chapter, Houston, Texas, April 14, 2016
  • Co-Author, "Acquisitions of Distressed Companies and Assets," Client Presentation, March 7, 2016 & May 13, 2016
  • Co-Author, "Oil and Gas E&P Restructurings and Bankruptcies," Strafford Webinar, December 9, 2015
  • Co-Author, "Impacts of Low Oil Prices:  Restructuring and Insolvency Strategies," 2015 Norton Rose Fulbright Energy Academy, Houston, Texas, December 1, 2015
  • Co-Author, "The Formation and Functioning of a Creditors' Committee," The University of Texas School of Law Annual Bankruptcy Conference, Austin, Texas, November, 2015
  • "Risk Appetite and Strategy & Shareholder Engagement," Corporate Board Member Chairman & CEO Peer Forum, New York Stock Exchange, New York, New York, June 11, 2013, April 9, 2014 & April 22, 2015
  • Co-Author, "A Look at Sales & Indubitable Equivalence in the Third, Fifth and Seventh Circuits," November 2011 
  • Co-Author, "Ten Practice Tips for Valuation Professionals," VALCON: Volatility, Valuations and Restructurings, The University of Texas School of Law, Las Vegas, Nevada, February 23-25, 2011
  • Co-Author, "Recent Developments – A Survey of Recent Business Bankruptcy Cases," The University of Texas School of Law Annual Bankruptcy Conference, Austin, Texas, November, 2008
  • Co-Author, "Enforcing Executory and Financial Contracts with Companies in Bankruptcy," Fulbright Bankruptcy Breakfast Seminar, February 29, 2008
  • "Asset Securitization and Bankruptcy Remote Vehicles," Client Update, New York, New York, Oct. 18, 2007
  • "Intellectual Property Issues in Bankruptcy: How to Protect Your Rights," Fulbright Bankruptcy Breakfast Seminar, New York, New York, June 6, 2007
  • Co-Author, "When is Bankruptcy Right for your Corporate Client?" American Bar Association, Young Lawyers Division's Committee Compass, 101 Practice Series, April, 2007
  • Co-Author, "Recent Valuation Case Law Developments," VALCON: Hedge Funds, Distressed Debt, Risk and Restructurings, The University of Texas School of Law and the Association of Insolvency & Restructuring Advisors, Las Vegas, Nevada, February 8-9, 2007
  • "Bankruptcy in the Twenty-First Century: What You Don't Know Can Hurt You," Fulbright Bankruptcy Breakfast Seminar, Houston, Texas, November 28, 2006
  • "Emerging Bankruptcy Issues: A Look At Single Business Enterprise, Deepening Insolvency and Executory Contracts," Client Update, November, 2006
  • Co-Author, "Recent Developments – Business Bankruptcy Cases," The University of Texas School of Law Annual Bankruptcy Conference, Austin, Texas, November, 2006
  • Co-Author, "Nuts & Bolts of Business Bankruptcy," 24th Annual Advanced Business Bankruptcy Course, State Bar of Texas, Austin, Texas, May 10, 2006
  • Co-Author, "Effective Use of Demonstrative Evidence: Examples and Pointers from an Attorney, Valuation Expert, and a Judge," VALCON: Legal and Financial Perspectives on Business Valuations & Restructuring, The University of Texas School of Law and the Association of Insolvency & Restructuring Advisors, Las Vegas, Nevada, March 2-3, 2006
  • Co-Author, "Debt and Divorce: When Bankruptcy Meets Family Law," Houston Bar Association Family Law Section, Houston, Texas, March 1, 2006
  • Co-Author, "A Look at Transnational Insolvencies and Chapter 15 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," 47 B.C. L. Rev. 23, December 2005
  • Co-Author, "Recent Developments – Business Bankruptcy Cases," The University of Texas School of Law Annual Bankruptcy Conference, Austin, Texas, November, 2005
  • Co-Author, "The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: A Brief Look at Business Bankruptcy Reform, Financial Contracts and the New Chapter 15," Client Update, July 2005
  • Co-Author, "Business Law at the Border:  A Look at Chapter 15 of the United States Bankruptcy Code," The Canadian-American Research Centre for Law and Policy, University of Windsor, June 3-4, 2005
  • Co-Author, "Bankruptcy in Choice of Entity," Texas Business Organizations: Choice of Entity and Formation, State Bar of Texas, San Antonio, Texas, May 28, 2004
  • "What Every In-House Counsel Needs to Know About Bankruptcy Risk for the Next Economic Downturn," Southern California Association of Corporate Counsel, Calabasas, El Segundo and Los Angeles, California, August 21-23, 2019
  • "Intellectual Property Issues in Bankruptcy," Norton Rose Fulbright Webinar, January 24, 2018
  • "A Primer on Bankruptcy in the US and Canada," Client Presentation, May 17, 2016
  • "Bankruptcy Basics:  What Every Non-Bankruptcy Lawyer Needs to Know for Deals & Disputes," Federal Bar Association, Southern District of Texas Chapter, Houston, Texas, April 14, 2016
  • "Acquisitions of Distressed Companies and Assets," Client Presentation, March 7, 2016 & May 13, 2016
  • "A Primer on Bankruptcy and Counter-Party Risk," Client Lunch & Learn Presentation, February 16, 2016
  • "A Look at the Second, Third and Fifth Circuits on Various Issues," 30th Annual Advanced Business Bankruptcy Course, Houston, Texas, September 13-14, 2012
  • "Current Decisions and Trends – Gift Plans, Third Party Releases & Preservation of Claims Post-Confirmation," Westin Stonebriar Resort and Spa, Frisco, Texas, April 9, 2011
  • "Decision to File Chapter 11:  Issues to Consider," America Inns of Court, The Honorable Arthur L. Moller/David B. Foltz, Jr. Program Presentation, Houston, Texas, May 29, 2009
  • "Ratings Agencies and the Subprime Crisis," America Inns of Court, The Honorable Arthur L. Moller/David B. Foltz, Jr. Program Presentation, Houston, Texas, 2007
  • "Important Changes Under BAPCPA," America Inns of Court, The Honorable Arthur L. Moller/David B. Foltz, Jr. Program Presentation, Houston, Texas, 2005
  • Complex Case Rules Committee (Bankr. S.D. Texas) (2018 to present)
  • President, Turnaround Management Association (TMA), Houston Chapter (2018)
  • Jay L. Westbrook Bankruptcy Conference Planning Committee (2018 to present)
  • Board of Directors, Turnaround Management Association (TMA), Houston Chapter (2015 to present)
  • Board of Directors, At-Large Member, Turnaround Management Association (TMA), Executive Board (2019)
  • Board of Directors, NextGen/Young Professionals Committee of the TMA [Texas], Houston Chapter (2015-2017)
  • TexasBarCLE Advanced Business Bankruptcy Course Planning Committee (2014)
  • Texas Young Lawyers Association (TYLA)
  • Houston Young Lawyers Association (HYLA)
  • Houston Bar Association (HBA)
  • American Bar Association
  • American Bankruptcy Institute
  • The State Bar of Texas (SBOT)
  • America Inns of Court, The Honorable Arthur L. Moller/David B. Foltz, Jr.
  • Houston Volunteer Lawyers Program (HVLP)
  • The University of Texas Longhorn Foundation
  • Houston Volunteer Lawyers Program, providing representation to pro bono clients (family law, bankruptcy)
  • Houston Volunteer Lawyers Program, The Houston Area Women's Clinic
  • LegalLines, a monthly program sponsored by the Houston Bar Association where practicing attorneys answer phone calls from the public addressing various legal issues
  • Houston Bar Association, Pro Bono Veteran's Clinic
  • Houston Young Lawyers Association Adopt-an-Angel Program