Lender Liability

King & Spalding represents banks, private credit lenders, debt funds, institutional investors, and borrowers in the disputes that shape today's credit markets. Our team is at the forefront of litigation arising from liability management transactions, contested restructurings, and distressed financings, where billions of dollars of value can turn on the interpretation of credit documents and the strategic use of restructuring tools.

What distinguishes our team is that we do not simply litigate these disputes after they arise. As part of King & Spalding's integrated credit platform, we work side-by-side with finance and restructuring lawyers who structure, negotiate, and execute complex financing transactions. That front-end experience allows us to identify litigation risk before deals are signed and to develop strategies that position transactions to withstand later scrutiny.

We handle the full spectrum of lender liability, borrower-lender and intercreditor disputes – from pre-litigation counseling through trial and appeal – including challenges to up tiering, drop-down, and other liability management exercises. Our experience spans claims for alleged breaches of credit and intercreditor agreements, implied covenant violations, fraudulent transfers, economic duress, tortious interference, and aiding and abetting theories, as well as bankruptcy litigation involving equitable subordination, recharacterization, and claim disallowance.

Our team litigates borrower-lender and creditor-on-creditor disputes nationwide, including in the country’s most complex Chapter 11 cases. Clients rely on us not only to win cases, but to shape the litigation and negotiating landscape in real time – positioning deals to withstand scrutiny, driving early dismissals, and delivering favorable outcomes in market-defining disputes.

Through our Lender Liability Quarterly, we track and analyze emerging trends, significant decisions, and developments across the liability management and lender liability landscape. Combined with our market-leading finance, restructuring, and bankruptcy practices, this keeps us at the forefront of the issues that matter most to lenders, borrowers, sponsors, and investors.

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