Kenneth C. Johnston

Johnston Clem Gifford chooses to do interesting work while seeking to continuously improve not only how its professionals practice law but also how the firm runs its business. The firm aims to innovate versus respond to innovation. In large part, that means its members become and stay leaders in their practice areas while working to bring a progressive and ethical balance between the legal services they provide and their economic interests.

The firm uses a proven process and methodology to drive client results.

The firm values the mandatory profession traits such as honesty, integrity, character, judgement, and professional acumen—the table stakes to participate in the legal industry. But the firm also seeks to attract and cultivate those professionals with less common values:

• Sense of Urgency. Clients hire the firm to manage crisis or capture opportunity. The firm considers it imperative to act promptly and decisively.

• Obsessive Curiosity. Curiosity drives broader knowledge and better counsel. The firm examines deeply the events, people, and legal frameworks that affect its clients. The firm’s obsession for detail gives clients commanding influences and positions.

• Collaborative Philosophy. The firm expects its professionals to become a leader in her chosen field. The firm also requires them to check egos at the door because they know that collaboration improves client outcomes.

• Clear Communication. As client advocates, the firm must speak and write effectively. Clarity is a difficult but teachable skill that the firm refines every day.

• Advanced Technology. The firm invests in cutting-edge technology and security tools, meeting or exceeding the demands of its most regulated clients.

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.