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John Loughnane, Nutter McClennen & Fish LLP Photo

John G. Loughnane

Partner / Boston

Overview

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 Representative Experiences.

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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. He speaks and writes on topics involving financing and technology issues including data security as described under News and Events and Publications. John strengthens client rights and outcomes at the outset of financing and technology transactions through his deep understanding of how commercial issues are handled in distressed circumstances. 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 mediation and communication training.

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.

Experience

Experience

  • 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

Speaking Engagements

Publications

Honors

Honors

  • Massachusetts Super Lawyers, 2005-2016
  • The Best Lawyers in America, 2016-2017

Education & Admissions

Education

The George Washington University Law School, J.D., with honors

College of the Holy Cross, A.B.

Admissions

  • Massachusetts
  • 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.

Noteworthy

Massachusetts Super Lawyers, 2005-2016

The Best Lawyers in America, 2016-2017