When companies experience financial distress,  litigation often follows. Although litigation is not a desired means to accomplish a successful financial restructuring, achieving the most successful outcome requires an expert assessment of litigation risks and opportunities – and the experience and confidence to pursue litigation when necessary. 

King & Spalding’s bankruptcy and insolvency-related litigators have the experience — both in the boardroom and the courtroom — to assist financial institutions, alternative capital and debt funds, private equity firms, professional services firms, directors and officers, and other interested parties in evaluating the litigation risks and opportunities presented in the context of financial restructurings, bankruptcies, or other situations involving financial distress. 

Bankruptcy and Insolvency-related litigation can take many forms, including avoidance actions, successor liability and alter ego claims, lender liability claims, alleged breaches of fiduciary duty and government investigations and enforcement actions.  Dealing with these types of claims requires both an in-depth understanding of the bankruptcy and insolvency laws as well as litigation skill, perspective and judgment that is tailored and sharpened to the particular issues and the unique context in which these claims arise.

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