Davis Polk filed suit Tuesday in New York state court, asking the court to order Enel North America and two related entities to pay $3.3 million in unpaid legal fees. The law firm says those fees were incurred while representing High Lonesome Wind Power - an Enel subsidiary - in a contractual dispute with a financial services company that arose after a severe winter storm.
The contested matter grew out of a derivative contract between High Lonesome and an affiliate of Allianz intended to hedge weather-related exposure at the West Texas wind farm. Following Winter Storm Uri in February 2021, calculations under that agreement indicated High Lonesome owed Allianz in excess of $125 million, according to the complaint filed by Davis Polk.
Allianz initiated its own lawsuit against High Lonesome in 2022. Davis Polk says it provided legal services through the subsequent proceedings but that Enel began to withhold payment on its invoices in late 2024. By June 2025 the firm reports that unpaid charges had accumulated to the multimillion-dollar level, covering more than 2,000 hours of attorney time devoted to the case.
In court papers, Davis Polk framed the filing as a last resort after what it says were months of attempts to resolve the matter outside litigation. The firm is seeking the $3.3 million in alleged unpaid fees and also requests pre-judgment and post-judgment interest computed from the date of each invoice.
The suit names Enel North America and two affiliates as defendants and notes the parent company as Rome-based Enel S.p.A. (BIT:ENEL). The complaint does not attach any additional remedies beyond recovery of the fees and interest tied to the invoices for legal work the firm says was performed.
Case context and scope
- The billed work arose from a dispute related to a $200 million contract claim connected to Winter Storm Uri.
- Davis Polk reports more than 2,000 hours of attorney work on the matter before unpaid invoices accumulated.
- The firm seeks both principal fees of $3.3 million and interest backdated to invoice dates.