Kenneth C. "KJ" Johnston
Partner
Kenneth “KJ” Johnston represents financial institutions, energy companies and businesses in high-stakes litigation, regulatory actions and complex business disputes. He helps clients navigate disputes where legal, financial and operational risks converge.
When corporate governance, creditor remedies and financial exposure add risk to clients’ operations, KJ aligns legal strategy with business objectives and realities.
KJ’s practice is grounded in financial services litigation. He regularly represents banks, lenders and institutional clients in disputes involving loan structures, syndications, lender liability and statutory frameworks, including:
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collection Practices Act (FDCPA)
- Equal Credit Opportunity Act (ECOA)
- Uniform Commercial Code (UCC)
Experience
- Secured Eleventh Circuit affirmance preserving a trial victory involving a $35 million participated loan facility, with the court finding the plaintiff failed to prove damages.
- Obtained a take-nothing judgment after a five-day trial, defeating approximately $10 million in claims against a super-regional bank in a loan participation dispute.
- Protected sensitive bank records in federal court by obtaining a ruling applying suspicious activity report privileges in Ponzi-scheme litigation.
- Achieved dismissal with prejudice of a federal qui tam action involving a $16 billion commercial loan portfolio.
- Guided an energy company out of an involuntary bankruptcy through an out-of-court creditor composition, reducing unsecured debt by approximately 40%.
- Blocked class certification in a consumer financial services case, with the court finding that individual issues predominated.