We represent banks, private credit lenders, debt funds, and institutional investors in high-stakes lender litigation, with a particular focus on disputes arising from liability management transactions and contested borrower-lender restructurings. As part of King & Spalding’s integrated credit platform, we work hand-in-hand with deal teams to assess and manage litigation risk at the front end, and to defend those transactions when they are challenged.

We handle the full spectrum of lender liability and intercreditor disputes – from pre-litigation strategy 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.

We litigate 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 the latest developments in the space, reinforcing our position at the forefront of liability management and lender liability litigation.