John G. Loughnane
John G. Loughnane is a partner in Nutter’s Corporate and Transactions Department. Clients rely on his practical business experience in working out difficult situations and solving a variety of business challenges inherent in today’s fast-paced innovation economy. Clients appreciate the value of John’s past work in-house at PTC, an international technology company based in the Boston area, where John worked directly with business teams solving a variety of business challenges.
John’s recent clients include owners, investors, board members, lenders, buyers and vendors including those described in the listing of his Experience.
In addition to guiding clients through challenging situations, John helps clients at the outset of financing and technology transactions to protect assets and negotiate successful deals. Clients appreciate John’s focus on practical business solutions and ability to find solutions that achieve client interests, skills based in part on his in-house experience and formal training as a mediator and conciliator.
John’s leadership roles include current service as President of the Northeast Chapter of the Turnaround Management Association. John also serves on the leadership team for the Mediation Committee of the American Bankruptcy Institute. Past leadership service includes co-chairing the Technology & Intellectual Property Committee of ABI as well as co-chairing the Bankruptcy Section of the Boston Bar Association. John is a member of the International Association of Privacy Professionals and is a Certified Information Privacy Professional (CIPP/US). He speaks and writes regularly on topics involving financing and technology issues including data security as described under News & Insights.
John is passionate about community organizations focused on youth and family as well as supporting military veterans. His volunteerism has included service as Youth and Family Services chair, Little League president, and Scout leader among other roles. He serves as co-chair and volunteer for the M. Ellen Carpenter Financial Literacy Program and on the Advisory Board and volunteer for the Veteran Entrepreneurial Training and Resource Network. He has also served as a board member of the George Washington University Law Alumni Association, past president of the Holy Cross Club of Boston and currently as a member of the Board of Directors of the Holy Cross Lawyers Association.
John served as a law clerk for the Honorable Ronald R. Lagueux of the United States District Court for the District of Rhode Island, following graduation from law school. He is admitted in Massachusetts and New York. He is listed on the Register of Mediators for the United States Bankruptcy Courts for the District of Delaware, the District of Massachusetts, and the Southern District of New York.
- Chapter 11 Examiner
Served as Court-appointed Chapter 11 Examiner of Merchants Bankcard Systems, Inc. with expanded powers to supervise a sale of the company. Worked with company management, creditors and numerous bidders expressing interest in acquiring the company. Supervised the closing to the winning strategic buyer shortly after a court-supervised auction.
- Contract manufacturer
Represented contract manufacturer both before and during the chapter 11 of its major biopharmaceutical customer. Work included guidance on sales of all of assets pursuant to Section 363, payment of claims and documentation of agreements and licenses with buyer of reorganized assets.
- Joint venture party
Represented joint venture party in cross licensing technology transactions focused on health care compliance and data security issues.
- Medical device company
Represented medical device company in sale of all assets outside of court pursuant to Uniform Commercial Code Article 9 secured party sale.
- Strategic buyer
Represented strategic buyer in connection with sale process for selected assets of large chapter 11 retail debtor pending in New York.
- Specialty retailer
Represented specialty retailer in out of court business reorganization and refinancing of senior and junior debt with lenders.
- Venture backed contract party
Represented venture backed contract party in pursuing substantial contract rejection damage claim in chapter 11 proceedings of technology company which enabled client to be paid the full amount of its claim.
- Private equity portfolio company
Represented private equity portfolio company focused on consumer products in connection with its debt financing arrangement for both senior secured and junior financing tranche.
- Former executives of clean energy company
Represented former executives of clean energy company in defending claims made by liquidating trustee for return of contractual payments under employment contracts.
- Large publicly traded software company
Represented large publicly traded software company in defense of avoidance allegations made by liquidating trustee.
- Minority shareholder
Represented minority shareholder of distressed technology corporation in connection with negotiation of asset acquisition and subsequent investigation of majority shareholder in subsequent insolvency proceedings.
- Large healthcare institution
Represented large healthcare institution in connection with its rights as licensee in distressed asset sale of technology licensor for inventory tracking system.
- Chapter 7 trustee
Represented chapter 7 trustee in investigation of “Ponzi Scheme” and related litigation to deny exemption of individual debtor/corporate officer who perpetuated the financial fraud.
- Secured lender financial institution
Represented secured lender financial institution in connection with its loan to owner/operator of clean energy project. Obtained repayment for client from proceeds sale of assets facilitated by liquidating trustee.
- Secured lender financial institution
Represented secured lender financial institution in workout and repayment of financing to real estate developer including negotiation and documentation of debtor in possession post-petition financing and payment in full.
- Secured lender
Represented secured lender in obtaining relief from the automatic stay to enforce rights and proceed against real property collateral in upstate New York in the hospitality/lodging industry.
- Debtor in possession lender
Represented debtor in possession lender for private equity fund invested in energy project in connection with its support of a consensual chapter 11 reorganization of the project.
- Equipment lessor
Represented equipment lessor in obtaining payment and return of leased networking and computer equipment from chapter 11 proceedings of corporate debtor/lessee cloud storage provider pending in Delaware.
- Commercial landlord
Represented commercial landlord in connection with amendment of lease for chapter 11 debtor emerging technology company and eventual termination in connection with rejection and payment of pre and postpetition rent claims.
- Commercial landlord
Represented commercial landlord in connection with defense of avoidance actions instituted by trustee for former retail chain debtor that ceased operations and liquidated.
- Commercial landlord
Represented commercial landlord in connection with assumption and assignment of retail lease from retail debtor to asset buyer.
News & Insights
- Forty-four Nutter Attorneys Recognized in 2015 Edition of Massachusetts Super Lawyers and Rising Stars10.30.2015
- Massachusetts Lawyers Weekly quotes John Loughnane in “Bankruptcy lawyer sanctioned over file document”02.12.2015
- October 2013
- With expertise in restructuring, John Loughnane is eighth partner-level lawyer to join firm since June, 08.01.2013
- John Loughnane Presents at ABA Business Law Section’s Business Bankruptcy Committee Annual Fall Meeting in Conjunction with the National Conference of Bankruptcy Judges 90th Annual Conference10.28.2016
- John Loughnane and Ian Roffman serve as organizers of the 2015 Bench and Bar Conference of the United States District Court “Innovation and Change”10.22.2015
- John Loughnane presents at American Bankruptcy Institute’s 22nd Annual Northeast Bankruptcy Conference06.19.2015
- John Loughnane moderates "Financing Trends in the Healthcare Industry: Expert Perspectives on Getting Deals Done"02.26.2015
- John Loughnane serves as program chair for the BBA’s 24th Annual Bankruptcy Bench Meets Bar Conference05.29.2014
- 10.18.2017 | Legal Update
- John Loughnane Authors IP and Technology Issues Chapter in the Norton Annual Survey of Bankruptcy Law10.02.2017 | Article
- 10.02.2017 | Article
- 07.12.2017 | Advisory
- Writing for ABI Journal, John Loughnane Analyzes Mediating Cybersecurity Disputes in Distressed SituationsJuly 2017 | Article
- April 2017 | Article
- 03.16.2017 | Article
- 01.18.2017 | Article
- Substantive Consolidation − Recent Decisions Examine a Bankruptcy Court’s Ability to Augment a Debtor’s Estate01.17.2017 | Advisory
- Massachusetts Appeals Court Upholds Confidentiality of Mediation and Highlights the Art of Dealing with Distress11.08.2016 | Advisory
- 09.15.2016 | Advisory
- John Loughnane Authors ‘Intellectual Property and Technology Issues in Distressed Situations’ in the 2016 Norton Annual Survey of Bankruptcy LawSeptember 2016 | Article
- 07.13.2016 | Advisory
- 06.07.2016 | Article
- 04.13.2016 | Advisory
- 02.24.2016 | Blog
- Writing for Law360, John Loughnane Outlines Lessons for Lenders and IP Licensees from Sixth Circuit Ruling01.25.2016 | Article
- 01.20.2016 | Blog
- Norton Journal of Bankruptcy Law and Practice publishes “Like This: Evaluating Social Media Accounts as Property of the Estate” by John LoughnaneDecember 2015 | Article
- December 2015 | Article
- ABF Journal publishes “Distressed Unitranche Debt After RadioShack: While Instructive, No Cause For Comfort” by Philip Rosenblatt and John LoughnaneNovember/December 2015 | Article
- 05.29.2015 | Legal Update
- ABF Journal publishes “Structuring Unitranche Transactions: A Prudent Approach to Drafting Agreements” by Philip Rosenblatt and John LoughnaneJanuary/February 2015 | Article
- John Loughnane publishes “8th Circ. Ruling Is Big Win For Nondebtor Trademark Licensees” in Law360’s “Expert Analysis” section06.10.2014 | Article
- Massachusetts Lawyers Weekly publishes “1st Circuit’s W Hotel ruling resolves key bankruptcy issues” by John Loughnane05.01.2014 | Article
- 04.15.2014 | Advisory
- John Loughnane publishes “Intellectual Property in Distressed Circumstances – Challenges and Opportunities” in BPLA Newsletter03.12.2014 | Article
- 12.20.2013 | Article
- November 2013 | Article
- Generation to Generation, 02.24.2016
- IP Law Bulletin, 01.20.2016
- Massachusetts Super Lawyers, 2005-2017
- The Best Lawyers in America, 2016-2018
Education & Admissions
The George Washington University Law School, J.D., with honors
College of the Holy Cross, A.B.
- New York
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the First Circuit
In the Community
John serves as President of the Northeast Chapter of the Turnaround Management Association. He is also on the leadership team for the Mediation Committee of the American Bankruptcy Institute.
Massachusetts Super Lawyers, 2005-2017
The Best Lawyers in America, 2016-2018