Clients describe Kenneth Johnston as “very confident, personable, connected and cost-effective. The complete package.” Chambers and Partners
Kenneth focuses his practice on financial services, corporate governance, dispute resolution, and insolvency. He routinely advises financial services companies in disputes and regulatory compliance matters, as well as insolvency. Kenneth has also developed a successful track record resolving corporate governance disputes, with an emphasis on the energy industry. Among other things, he has led clients for decades on successful endeavours to gain control of companies and key energy assets in Asia, Europe, North America, Central America, South America—including related offshore jurisdictions.
Specific practice areas include:
- Professional negligence claims arising from failed financial transactions, including claims against law firms, accounting firms and investment banks.
- Claims in multi-lender transactions such as loan syndications and participations, including claims by or against arrangers, administrative agents, and loan participants.
- General bank operations, with emphasis on claims under Articles 3 (negotiable instruments), 4 (deposits and collections), and 4A (funds transfers) of the Uniform Commercial Code.
- Lender liability claims, including claims arising from non-disbursement of loan funds, termination of credit facilities, usury, refusing to extend loans, purported oral loan commitments, and rejecting loan payments after default.
- Material litigation, including securities fraud, the False Claims Act, fiduciary duty, mortgage lending practices, and class actions.
- Statutory and regulatory compliance litigation in the United Sates, including the anti-tying provisions of the Bank Holding Company Act, the Equal Credit Opportunity Act, the Truth in Lending Act and Regulation Z, usury under the National Bank Act and state laws, the Real Estate Settlement Procedures Act, CERCLA, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act.
- Insolvency and creditors’ rights, encompassing every aspect of insolvency—ranging from debt restructuring, collection, foreclosures, workouts, involuntary bankruptcies, and distressed asset sales to pre-packaged bankruptcy, plan negotiations, confirmation litigation, and avoidance actions.
- Corporate governance disputes under Delaware, Texas, and Nevada laws, among other states and foreign countries.
Practice Focus
Complex Litigation, Corporate Governance, Bankruptcy, Investigations, Compliance, Energy
For more information on Kenneth’s Admissions, Honors, and Experience please click here.
