John Loughnane is a business lawyer who represents clients in a broad array of general corporate, technology licensing and business restructuring matters. He has more than twenty years of experience helping clients identify and implement their strategic objectives. John's experience includes serving as Regional Corporate Counsel (North America) for Parametric Technology Corporation and as a partner at Goodwin Procter in Boston. He has worked to protect the rights of clients dealing with the financial distress of other parties including holders of intellectual property rights, secured and unsecured creditors, customers, vendors and employees. He has also represented purchasers of assets, restructuring companies, bankruptcy trustees and assignees for the benefit of creditors. John also works closely with emerging companies seeking to grow their business, protect their technology and structure their financing arrangements. He has advised clients in a variety of industries including technology, health care, professional services, retail, real estate and manufacturing. Following 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.
Representative Matters
· Represents emerging and established companies in commercialization of technology including negotiating development and distribution agreements, license agreements and strategic alliance agreements;
· Represents clients developing alternative energy capabilities in structuring commercial arrangements and seeking government incentives;
· Represents clients focused on growth opportunities in energy efficiency to implement strategic transactions;
· Represents licensors and licensees of intellectual property;
· Represents restructuring companies both in and out of court in a wide range of industries including life science, technology, healthcare, manufacturing, distribution and retail;
· Represents buyers of distressed assets in Section 363, Chapter 11 confirmed plans and out of court transactions;
· Represents numerous parties in prosecuting and defending fraudulent conveyance and preference matters;
· Represented Chapter 7 trustees, assignees for the benefit of creditors and other liquidating fiduciaries in wind down proceedings including sales of intellectual property and other assets;
· Represents directors and officers of emerging, reorganizing and liquidating companies.
Professional Affiliations
Boston, Massachusetts and American Bar Associations
American Bankruptcy Institute, Co-Chair of the Technology & Intellectual Property Committee
MIT Enterprise Forum
Board of Directors, Turnaround Management Association - Northeast Chapter
Licensing Executives Society
Community Involvement
Corporate Trustee (and past co-chair of the Conservation Council), Trustees of Reservations
Board of Directors, Holy Cross Lawyers Association
Past President, Holy Cross Club of Boston
Board Member, George Washington University Law Alumni Association
Volunteer and leader for various youth organizations
Special Recognition
Selected for inclusion in Massachusetts Super Lawyers
Articles/Speeches/Presentations
· "Organizing the Privately Held Massachusetts Business," presented at Massachusetts Continuing Legal Education, October 2010.
· "Anatomy of a Distressed Business," presented at The American College of Bankruptcy Conference, Boston College Law School, October 2010.
· "Surviving Dispositive Motions in Bankruptcy," presented to the American Bankruptcy Institute's Northeast Bankruptcy Conference, July 2010.
· "Energy Efficiency Opportunities in New and Existing Buildings," presented at the Eckert Seamans Business Breakfast Briefing, April 2010.
· Clean Tech Forum 2010, moderator at forum presented by Mass High Tech, March 2010.
· "Strategies for Perilous Times," presented at Eckert Seamans' Continuing Legal Education Seminar, August 2009.
· "Of bailouts, bankruptcy and Obama," Eckert Seamans' Legal Update, Winter 2009.
· "Representing Creditors and Other Parties in Interest: Contract Party Issues," presented to Massachusetts Continuing Legal Education, May 2009.
· "Strategies for Perilous Times - How Do the Headlines of Today Translate into Strategic Management of Your Business?" presented by AON, Tatum and Eckert Seamans to the Risk and Insurance Management Society - Massachusetts Chapter, April 2009.
· "Early Warning Signals - What Every Lender Needs to Know," presented to The Massachusetts Small Business Development Center, January 2008.
· "Bankruptcy and Intellectual Property," presented to MCL Intellectual Property Law Conference, January 2008.
(Also at White Plains, New York Office)