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Profile of Kenneth Johnston
 

Kenneth Johnston

 
Board Dir. - Kane, Russell, Coleman & Logan PC
 
Kenneth Johnston Email :
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Company Name : Kane, Russell, Coleman & Logan PC
 
Company Website : www.krcl.com
 
Company Address : 1601 Elm St.
Ste. 3700, Dallas, TX,
United States,
 
Kenneth Johnston Profile :
Board Dir. - Kane, Russell, Coleman & Logan PC
 
Kenneth Johnston Biography :

College: University of Mississippi

Law School: University of Mississippi

Practice Area(s):

Litigation

Insolvency and Creditor Rights

Energy

Oil and Gas and Other Investment FraudProfile:

Mr. Johnston, a Director of the Firm, practices in the Litigation and Insolvency & Creditor Rights Sections. He routinely represents financial institutions in a variety of matters, including general bank operations, material defensive litigation, and credit risk management. Some specific areas include:

General bank operations, with emphasis on claims under Articles 3 (negotiable instruments), 4 (deposits and collections), and 4A (funds transfers) of the Uniform Commercial Code.

Lender liability defense, including claims arising from non-disbursement of loan funds, termination of credit facilities, charging default rates, legality of fees and charges, refusing to extend loans, purported oral loan commitments, and rejecting loan payments after default.

Defensive litigation, including securities fraud, fiduciary duty, and wrongful foreclosure matters.

Statutory and regulatory compliance litigation, including the anti-tying provisions of the Bank Holding Company Act, the Equal Credit Opportunity Act, the Truth in Lending Act and Regulation Z, usury under the National Bank Act and State laws, the Real Estate Settlement Procedures Act, and CERCLA.

Insolvency and creditors' rights, encompassing every aspect of insolvency - ranging from debt restructuring, collection, foreclosures, workouts, involuntary bankruptcies, and distressed asset sales to pre-packaged bankruptcy, plan negotiations, confirmation litigation, and avoidance actions.

Inter-bank liability, including the resolution of disputes between agents, participants, and syndicate members.

Mr. Johnston also practices in the Firm's Oil and Gas and Other Investment Fraud Section. He regularly represents individual and corporate investors in oil and gas fraud matters. He has developed significant expertise in both investigating and prosecuting claims for large investor groups arising from Ponzi schemes, as well as more mainstream disputes involving investment promoters, syndicates, and boiler-room operations.

Scope of Practice:

Creditors' rights, banking, financial services litigation, business litigation and bankruptcy.

Recent Honors:

Recognized as one of Texas' "Super Lawyers" by Texas Lawyer Magazine.

Named as one of the Best Lawyers Under 40 in 2006, an exclusive list of 176 attorneys published by D Magazine.

Named a Rising Star by Law & Politics Magazine, a designation given to lawyers under 40 who are viewed by their colleagues as preeminent in their respective practice areas.

Elected to the Board of Advisors for the University of North Carolina School of Law, Center for Banking and Finance.

Recent Representations:

Established criteria for examining and disgorging excessive executive compensation paid on the eve of bankruptcy: Grigsby v. Carmell, 238 B.R. 758 (Bankr. N.D. Ill. 1999) ($4,032,845 judgment in a multi-week trial).

Successfully defended an $8 million breach of fiduciary duty claim in multi-district litigation in Federal courts in Minnesota, Missouri and Texas.

Successfully defended a Dallas Independent School District Trustee in a multi-million dollar defamation claim by the former DISD Superintendent, Waldemar Rojas ($135,000 mediated settlement on the eve of trial).

After obtaining judgments for fraud in an oil and gas Ponzi scheme, successfully "busted" a Texas resident's unlimited homestead exemption.

Obtained securities fraud and racketeering judgments in excess of $100 million, which ultimately led to the imprisonment of two defendants.

Imposed a constructive trust on 400+ oil and gas wells located throughout the United States and in the Gulf of Mexico.

Successfully defended a casino in a declaratory judgment action where a patron claimed that a multi-million dollar gaming debt violated Texas’ public policy against gambling (Phillips v. Grand Casinos of Mississippi, Inc. Biloxi, 2004 WL 2533589 (N.D. Tex.) (appeal dismissed)).

Directed an international fraud investigation, tracing several million dollars throughout the United States, the Caribbean, Europe, Asia, Central America and South America.

Successfully defended a multi-million dollar lender liability claim (failure to lend) by establishing fraud in connection with the claimant's loan application.

Successfully defended a financial institution in a forged endorsement check case involving hundreds of checks ($9,000 settlement on the eve of trial).

Successfully defended a corporate executive on a multi-million dollar Title VII sexual harassment claim – prior to the suit, the EEOC made findings of historical and present sexual harassment by the executive ($30,000 mediated settlement on the eve of trial).

Successfully defended a financial institution in a race discrimination case under the Equal Credit Opportunity Act (dismissed for failure to state a claim).

Successfully prosecuted numerous actions on behalf of bankruptcy trustees and creditors to prevent bankruptcy discharges.

Successfully represented an energy company in the defense of an involuntary bankruptcy petition, which resulted in an out-of-court creditor composition that provided the company with a 40% reduction of its short and long term unsecured debt.

Professional Affiliations:

Dallas Bar Association; Pro Bono College of the State Bar of Texas; American Bankruptcy Institute; Texas Association of Bank Counsel; Texas Young Lawyers Association; Dallas Association of Young Lawyers.

Admissions:

State Bar of Texas, 1995; Mississippi State Bar, 1991; United States Court of Appeals for the Fifth Circuit; United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas and the Northern and Southern Districts of Mississippi.

Community Activities:

United Way of Metropolitan Dallas (Priority Needs Grant Panel); obtained membership in the Pro Bono College of the State Bar of Texas including a pro bono appeal to the United States Court of Appeals for the Fifth Circuit; Ducks Unlimited.

Education:

University of Mississippi School of Law, J.D., May 1991; Judicial Externship, 1991; United States Department of Justice Honor Program, 1991; Journal of Space Law, 1989-1991; Mississippi Model Jury Instruction Committee, Internship, 1990; University of Mississippi School of Business, B.B.A. with major in Banking and Finance, 1988.

 
Kenneth Johnston Colleagues :
Name Title Email

Charles Aster

Board Dir. Please login

Terry Barakis

Of Counsel Please login

George Barber

Board Dir. Please login

Jason Bath

Assoc. Attorney Please login

Kenneth Biermache

Board Dir. Please login


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