John G. Loughnane
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.
- 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
- 04.17.2019 | Announcement
- Pat Concannon and John Loughnane Comment on Trademark Licensing Questions Facing the Supreme Court in Massachusetts Lawyers Weekly03.08.2019 | Media Coverage
- Pat Concannon and John Loughnane Discuss the Supreme Court Case Tempnology in Managing Intellectual Property02.22.2019 | Media Coverage
- Pat Concannon and John Loughnane Comment on the Interplay Between Bankruptcy and Trademark Law in Managing Intellectual Property02.22.2019 | Media Coverage
- 12.31.2018 | Media Coverage
- 11.05.2018 | Announcement
- 08.20.2018 | Media Coverage
- 08.15.2018 | Press Release
- 02.01.2018 | Media Coverage
- 01.08.2018 | Media Coverage
- 10.30.2017 | Media Coverage
- 08.15.2017 | Press Release
- 05.05.2017 | Media Coverage
- 03.06.2017 | Media Coverage
- 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 to Present on Data Protection Best Practices at ABI’s 2019 Northeast Bankruptcy Conference & Northeast Consumer Forum07.13.2019
- John Loughnane to Present on Bankruptcy-Related Issues in Commercial Real Estate at American Law Institute Event06.14.2019
- John Loughnane to Moderate Cybersecurity Panel at the American Bankruptcy Institute’s Winter Leadership Conference12.07.2018
- John Loughnane to Present at the Canadian Bar Association’s Webinar ‘Secured Transactions in Domain Names & Websites’10.23.2018
- John Loughnane to Speak on Effective Mediation of E-Discovery Issues at the ABA Business Law Section’s Spring Meeting 201804.12.2018
- 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
- Mission Product Holdings, Inc. v. Tempnology, LLC: Will the Supreme Court Clarify the Rights of Trademark Licensees Upon Rejection?02.13.2019 | Insights
- 10.03.2018 | Article
- Writing for the 2018 Norton Annual Survey of Bankruptcy Law, John Loughnane Analyzes Intellectual Property and Technology Issues in Distressed Situations09.25.2018 | Article
- 10.18.2017 | Legal Update
- 10.02.2017 | Article
- John Loughnane Authors IP and Technology Issues Chapter in the Norton Annual Survey of Bankruptcy Law10.02.2017 | Article
- 07.12.2017 | Legal 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 | Legal Advisory
- Massachusetts Appeals Court Upholds Confidentiality of Mediation and Highlights the Art of Dealing with Distress11.08.2016 | Legal Advisory
- 09.15.2016 | Legal 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 | Legal Advisory
- 06.07.2016 | Article
- 04.13.2016 | Legal 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 Loughnane11.17.2015 | Article
- 05.29.2015 | Legal Update
- ABF Journal publishes “Structuring Unitranche Transactions: A Prudent Approach to Drafting Agreements” by Philip Rosenblatt and John Loughnane01.29.2015 | 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 | Legal 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
- Will the Supreme Court Clarify the Rights of Trademark Licensees Upon Rejection in Mission Product Holdings, Inc. v. Tempnology, LLC?IP Law Bulletin, 02.13.2019
- Generation to Generation, 02.24.2016
- IP Law Bulletin, 01.20.2016
- 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
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
- 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.
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