Banking & Finance Litigation

What the work involves

We act for lenders, borrowers, funds and trading counterparties when a financing goes wrong: defaults called too early or too late, covenants read two different ways, and derivatives closed out at prices one side will not accept.

These disputes are decided by the contract. We start with the facility agreement, the ISDA schedule or the intercreditor terms and work outward, because the answer is usually in a definition nobody argued about at signing.

Valuation fights need numbers a judge can follow. We work closely with independent valuation witnesses and insist their reports explain the method in plain English before they explain the math.

Many of these matters sit next to a regulatory inquiry. We coordinate the civil case with any SEC, CFTC or banking regulator contact so that nothing said in one forum damages you in the other.

Where a quiet resolution serves you better than a public judgment, we say so, and we negotiate it from a position that makes clear we are ready to litigate.

Matters we see often

• Loan acceleration, guaranty and covenant default disputes
• ISDA close-out and derivatives valuation claims
• Intercreditor and priority fights between lender groups
• Litigation running alongside regulatory investigations

Illustrative matters in this area