Complex Commercial Litigation
Overview
Seward & Kissel represents financial institutions, asset managers, and global enterprises in high-stakes, complex commercial disputes across a range of industries.
Our litigators combine deep sector knowledge, particularly in financial services, structured finance, and transportation, with a strategic, results-driven approach to resolving business-critical disputes.
We advise clients across the full lifecycle of a dispute, from pre-litigation assessment through trial and appeal, with a focus on aligning legal strategy with broader commercial, regulatory, and reputational considerations. Many of our matters involve parallel proceedings, cross-border elements, and novel issues requiring coordinated, multi-jurisdictional strategies.
Our practice is particularly strong in disputes arising out of sophisticated financial transactions and commercial arrangements. We regularly represent clients in matters involving structured finance products, derivatives and swap agreements, lending and credit facilities, securitizations, and complex contractual frameworks. We also have significant experience representing financial institutions acting in specialized roles, such as indenture trustees, in litigation and bankruptcy proceedings arising from distressed or defaulted issuances.
We distinguish ourselves by combining trial capability with industry fluency and a pragmatic focus on efficient outcomes. Whether through early resolution, strategic motion practice, or trial, we work closely with clients to navigate complex disputes in a manner that advances their business objectives.
Capabilities
Related Practice Areas
Representative Work
- Represent the Trustee of the Endo GUC Trust in an adversary proceeding against McKinsey & Company, Inc. arising out of pre-petition advice McKinsey provided to Endo.
- Represent a significant shareholder of Boar’s Head Provisions Co., Inc. in ongoing multi-jurisdiction litigation concerning buy-out rights under the company’s shareholders’ agreement, including successful summary judgment disposition to obtain the right to acquire a substantial portion of the company’s shares at book value.
- Represented U.S. Bank National Association, as indenture trustee, in successfully resolving various holder and other disputes related to the ACIS collateralized loan obligations.
- Represented Sweetbriar Capital LLC and affiliates in multi-court dispute regarding a litigation funding agreement.
- Represented the Metropolitan Transportation Authority and successfully opposed efforts to enjoin the MTA from proceeding with a planned remediation of Tier 6 retirement pension plan contributions to over ten thousand affected employees.
Related Practice Areas
Representative Work
- Represent the Trustee of the Endo GUC Trust in an adversary proceeding against McKinsey & Company, Inc. arising out of pre-petition advice McKinsey provided to Endo.
- Represent a significant shareholder of Boar’s Head Provisions Co., Inc. in ongoing multi-jurisdiction litigation concerning buy-out rights under the company’s shareholders’ agreement, including successful summary judgment disposition to obtain the right to acquire a substantial portion of the company’s shares at book value.
- Represented U.S. Bank National Association, as indenture trustee, in successfully resolving various holder and other disputes related to the ACIS collateralized loan obligations.
- Represented Sweetbriar Capital LLC and affiliates in multi-court dispute regarding a litigation funding agreement.
- Represented the Metropolitan Transportation Authority and successfully opposed efforts to enjoin the MTA from proceeding with a planned remediation of Tier 6 retirement pension plan contributions to over ten thousand affected employees.
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