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John G. 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 John’s forward thinking advocacy to navigate change and build resilient businesses.

John helps clients negotiate and implement durable technology and financing transactions. Clients rely on John for practical guidance in navigating the turbulence caused by the distressed circumstances of other parties. His recent clients include owners, investors, board members, lenders, buyers, licensors, licensees, vendors, customers, and others described in the Experience tab.

Clients working with John have the benefit of his in-house experience at PTC, an international publicly-traded technology company focused on digital transformation for competitive advantage. Clients also benefit from John’s practical problem-solving ability through his focus on negotiation and commercial mediation. In all matters, John’s focus is on helping clients achieve practical business results to satisfy key interests.

Focused intently on the efficient and effective practice of law, John’s leadership roles include service on the Board of the Legal Technology Resource Center (LTRC) of the American Bar Association’s Law Practice Division.

John serves on the national Board of Trustees for the Turnaround Management Association (TMA) and as co-chair of the Mediation Committee of the American Bankruptcy Institute (ABI). He 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 a variety of commercial topics including financing, technology and dealing effectively with disruption as described under News & Insights.

Past leadership responsibilities include service on the Executive Board of TMA, service as the president of the Northeast Chapter of TMA, co-chair of the Technology & Intellectual Property Committee of ABI as well as co-chair of the Bankruptcy Section of the Boston Bar Association.

John serves his community by volunteering as chair of the local Youth and Family Services Commission and has served in the  past as Little League president, scout leader and youth coach for baseball, basketball and soccer teams. He co-chairs and volunteers for the Boston Bar Association's M. Ellen Carpenter Financial Literacy Program and is on the Advisory Board and volunteers for the Veteran Entrepreneurial Training and Resource Network.

John has also served as a board member of the George Washington University Law Alumni Association and as president of the Holy Cross Club of Boston. He currently serves as president of the Holy Cross Lawyers Association. All of these experiences inform John’s ability to work with a diverse group of people in achieving desired goals.

Following his graduation from George Washington University Law School, John served as a law clerk for the Honorable Ronald R. Lagueux of the United States District Court for the District of Rhode Island.

His admissions include Massachusetts, New York, the U.S. Court of Appeals for the First Circuit and the U.S. Supreme Court. 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. John’s full list of admissions can be found under Education & Admissions.

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

News

Speaking Engagements

Publications

Honors

Honors

  • Massachusetts Super Lawyers, 2005-2018
  • The Best Lawyers in America, 2016-2019
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system

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
  • U.S. Supreme Court 

In the Community

John’s leadership roles include current service on the Executive Board of TMA Global (Turnaround Management Association), as well as service as the Special Projects Leader for the Mediation Committee of the American Bankruptcy Institute.

Noteworthy

Massachusetts Super Lawyers, 2005-2018

The Best Lawyers in America, 2016-2019

Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system

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