Jim regularly appears in reorganization proceedings, usually in matters that are complicated, contested or both. In court, he typically represents creditors - financial institutions, licensors and lessors, and acquirers of assets. He has extensive litigation experience, including many trials, both to judges and juries. He also has handled many appeals, including those to the Bankruptcy Appellate Panel, the District Court and to Courts of Appeal. Jim regularly works with our attorneys in other areas of specialization - corporate, finance, venture capital and private equity - on complex bankruptcy planning issues such as deal structure, highly-leveraged transactions, consolidation of entities, triangular preferences, constructive dividends, lease-as-security interest, fraudulent conveyances and similar creditor concerns, and on acquisitions of distressed businesses. He is also a member or our non-consolidation opinions practice group, which regularly delivers opinions for debt destined for securitizations. Notable Experience · Jim represented bank mortgage lenders whose debtor owned a prominent Boston marina and development site; the matter achieved notoriety when local newspapers publicized the principal owner's dubious background. · He defended a mortgage company that received third party mortgage payments against claims of the third party's bankruptcy trustee, for fraudulent transfer. · Jim represented a non-management partner in a Chapter 11 plan confirmation contest, which resulted in an evidentiary hearing and resolution by material enhancement of the treatment of the client partner. · Jim represented a high-margin lender in a series of litigations with a borrower, eventually resulting in foreclosures in favor of our client, and in addition to two bankruptcies, several ancillary state-court litigations. Recent Speaking Engagements and Publications · Jim has authored a number of articles and has made many presentations concerning creditors rights, corporate reorganizations and insolvency issues. · "Bankruptcy and What it Means for the Insured and the Insurer Relationship," speaker, 2009 Education Day of the New England Chapter of Association of Insurance Compliance Professionals, Norwood, Massachusetts, May 15, 2009. · "Taking and Perfecting Security Interests in Internet Domain Names," Cyberliens. · "Out of Bankruptcy: The Case of Harvard Pilgrim Health Care," Managed Care Law Strategist, May, June 2000. News & Publications September 2009, Advisory - Bankruptcy Court Denies Motions to Dismiss Cases of SPE Subsidiaries of General Growth Properties, Inc.
Role of Independent Managers Addressed; Section 18-1101(c) of Delaware LLC Act Ignored October 7, 2008, Update on Lehman Brothers Insolvency Proceedings in the US, UK and Japan June 23, 2006, Post-Bankruptcy, Company Must Pay $8.8M of Earlier Debt
Boston Business Journal Besides Edwards Wildman Golf, fishing, and reading, notably history. Events May 15, 2009, Norwood, MA, 2009 Education Day of the New England Chapter of Association of Insurance Compliance Professionals Industries · Banking & Financial Institutions · Telecommunications · Food and Agriculture Memberships · American Bankruptcy Institute · American Bar Association, Litigation Section; Business Section · Boston Bar Association, Reorganization Section |