Unrivaled 2025: Dan Donovan of Kirkland & Ellis

You led a trial team that secured a complete jury verdict for Gulfport Energy in an Ohio federal court where large Ohio landowners sued the company and energy company EQT for mineral trespass and conversion. Plaintiffs had sought more than $100 million in damages, plus punitive damages for alleged bad faith, claiming that the companies had drilled and produced gas from geological formations that were not allowed under the terms of their oil and gas leases. Can you tell us about your trial strategy?

Three keys to a successful trial are full preparation, understanding the human interest, and intense focus. First, preparation for your closing argument starts the day you are retained. You must dig into the facts, the people, and the industry. You must understand how the dispute arose, your client’s point of view and, just as importantly, you need to understand the other side’s point of view.

In this case, we knew the industry already, so we immersed ourselves in the negotiations of the oil and gas leases and what was known in the community at the time about the key terms. Second, you must appreciate and respect that the case is a dispute between people—people with their own points of view. So, we met with our witnesses, third-party witnesses and deposed numerous adverse witnesses.

Finally, you must be relentless in narrowing your case to the core issues that will persuade the jury. An unfocused trial strategy is no strategy at all. So, we focused on what the negotiators knew, what they said and the principle that a deal is a deal.

Can you describe a major hurdle that happened during the course of this trial? How did you overcome it?

The trial pitted a team of plaintiffs’ lawyers representing Ohio landowners suing two oil and gas companies in an Ohio courtroom. The plaintiffs’ theme was that the oil and gas companies failed to honor their agreements and tried to take advantage of the landowners, playing up a David versus Goliath theme. We knew that wasn’t true, but we also knew we couldn’t just say it —we needed to show it. We needed to put the negotiators on the stand. We needed to slowly and deliberately show that the landowners agreed to the companies’ positions during the negotiations. And we needed to show that the landowners knew they agreed to the companies’ positions and that it was in their economic interest to do so. It was only by “showing our work” to the jury that we would be successful. And it proved to be the right strategy.

When did you first know you wanted to be a trial lawyer? What clicked for you?

The moment I knew I wanted to be a trial lawyer was during my clerkship for Judge George O’Toole of the US District Court for the District of Massachusetts. Before I arrived in Boston, I’d always been drawn to people and human interest stories. I was fortunate to work for Judge O’Toole—a trial lawyer’s judge. I learned so much from him and loved being in the courtroom for trials. Trials in the old federal courthouse in the heart of downtown Boston were unforgettable: sirens blaring, city life filtering through the windows and human drama unfolding in the courtroom. I loved it. That’s when I was bitten by the trial bug—and I’ve loved being in the courtroom ever since.

What are the major keys to winning over a jury or a judge?

The major keys to winning over a jury are your credibility and character. A jury may not understand all the issues in the case. You have been living the case, and they just learned about it. So, they will decide who they trust and who they believe. And relatedly, it is important for trial lawyers to be themselves. During a trial, the jury can spot a performance and will know if you are faking it.

What is the best advice you give young trial lawyers?

“It’s important to be a skilled trial lawyer in the courtroom. To be great you also need to understand your clients’ business and interests. It’s important that they know that you understand their business and overall goals to be successful.”