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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. Business leaders rely on John’s broad experience and expansive problem-solving skills in two distinct sets of circumstances. First, clients entering into business, intellectual property and real estate transactions (such as financings, licensings, and acquisitions) rely on John at the outset to help structure and close durable deals. Clients benefit especially from John’s insight into distressed circumstances in anticipating issues and obtaining meaningful remedies in the event needed to ensure desired objectives are achieved.

Secondly, clients rely on John for guidance in navigating a range of business obstacles, including issues involving the potential or actual financial distress of other parties. Clients find solutions with John’s assistance in restructurings, recapitalizations, going concern sales and liquidations occurring both in and out of court. In doing so, clients leverage John’s experience representing a variety of interests - including corporate debtors, investors, secured parties, unsecured parties, official creditors’ committees, trustees, vendors, licensors/licensees, landlords, employees, officers, directors, and buyers.

Clients also benefit from John’s broad exposure to a variety of industries including clean energy, commercial real estate, education, financial services, health care, hospitality, housing, life sciences, manufacturing, retail, and technology.

Clients working with John have the benefit of his in-house corporate experience working with business teams and senior leaders at PTC as well as his formal mediation training and practice. In all matters, John’s focus is on helping clients achieve practical, cost-effective business results to satisfy key interests.

John serves as a leader in national organizations relevant to his practice including the American Bar Association (ABA) (Steering Committee Member, Legal Technology Resource Center), The American Bankruptcy Institute (ABI) (Co-Chair, Mediation Committee and former Co-Chair, Emerging Industries and Technology Committee), and the Turnaround Management Association (TMA) (Trustee, TMA Global and past President, Northeast Chapter).  John is also an active member of the Boston Bar Association and past Co-Chair of its Bankruptcy Section. The impact of the accelerating pace of digital transformation on the important issues of privacy and security led him to earn the Certified Information Privacy Professional (CIPP/US) designation from the International Association of Privacy Professionals (IAPP). He speaks and writes regularly on a variety of commercial topics including dealing effectively with disruption in negotiating, structuring and enforcing deals as described under News & Insights.

John serves his community by volunteering in three focus areas: economic opportunity, education and youth development. He co-chairs the Boston Bar Association's M. Ellen Carpenter Financial Literacy Program benefitting high school students around Massachusetts. He also serves on the Advisory Board for the Veteran Entrepreneurial Training and Resource Network (VETRN) which provides military veterans enrolled, at no cost, the skills, resources, mentoring and networking necessary to grow their small businesses.  John also serves as chair of his community’s 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.

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 leads the Holy Cross Lawyers Association as president. Following his graduation from 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. John’s full list of admissions can be found under Education & Admissions.

Experience

Experience

  • Borrowers

    Represented numerous companies and not for profit institutions in connection with obtaining, documenting and implementing financing relationships in a variety of industries including retailers, manufacturers, commercial property owners, educational institutions and others.

  • Secured lender

    Represented secured lender in connection with exercise of remedies in connection with hospitality project in Massachusetts.

  • Chapter 11 Examiner

    Served as court-appointed examiner with expanded powers to supervise a sale of financial payment 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.

  • IP holding company

    Represented IP holding company in connection with renegotiation of financing and licensing arrangements with respect to owned assets.

  • Debtor in possession lender

    Represented debtor in possession lender to private equity portfolio company focused on consumer products in connection orderly sale of assets and plan of liquidation.

  • 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 pursuant to Uniform Commercial Code Article 9 secured party sale.

  • Strategic buyer of retailer

    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.

  • Consumer products company

    Represented consumer products wholesale company in connection with its financing arrangements and ultimate sale of assets to strategic buyer.

  • Clean energy development partner

    Represented development partner of clean energy project in court-supervised sale process.

  • Software company

    Represented emerging growth technology company in sale to strategic buyer.

  • 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.

  • Secured lender

    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

    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 landlords and contract parties

    Represented numerous commercial landlords and contract parties in connection with distressed counterparties exercising rights to assume, assign, or reject.

News & Insights

News

Speaking Engagements

Publications

Honors

Honors

  • Massachusetts Super Lawyers, 2005-2021
  • The Best Lawyers in America, 2016-2022
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system

  • Boston Magazine “Top Lawyers”, 2021

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 co-chair of the Mediation Committee of the American Bankruptcy Institute.

Noteworthy

  • Massachusetts Super Lawyers, 2005-2021
  • The Best Lawyers in America, 2016-2022
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system

  • Boston Magazine “Top Lawyers”, 2021

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