Representative Experience

Represented Organogenesis, Inc. in Chapter 11 debtor-in-possession financing


CATEGORIES: Corporate Finance and Securities, Mergers and Acquisitions

Represented global media company in $50 million revolving credit facility


CATEGORIES: Corporate Finance and Securities, Mergers and Acquisitions

Represented investment management firm in leveraged recapitalization involving $46.5 million senior credit facility, $30 million senior subordinated debt and $81 million junior debentures


CATEGORIES: Corporate Finance and Securities, Mergers and Acquisitions

Represented bank in issuance of trust preferred securities to finance acquisition


CATEGORIES: Corporate Finance and Securities, Mergers and Acquisitions

PricewaterhouseCoopers: The firm has represented PwC and previously Coopers & Lybrand in adversary proceedings and other bankruptcy related litigation brought by creditor representatives alleging accounting malpractice. These have included matters arising from the Healthco, Flagship Healthcare, and Mariner bankruptcies.

In re East Boston Neighborhood Health Center: The firm served as counsel to the creditors' committee in the East Boston Neighborhood Health Center Chapter 11 reorganization. East Boston Neighborhood Health Center is a community based medical center and its ability to continue to operate was vital to the provision of health care services in the East Boston and Winthrop areas. East Boston Neighborhood Health Center successfully reorganized, paid unsecured creditors a significant dividend, and continued its operations.

In re Trend-lines, Inc.: The firm was co-counsel to the creditors committee in Trend-lines’ Chapter 11 reorganization in the Bankruptcy Court for the District of Massachusetts. Trend-lines, which owned two retail chains -- Woodworkers Warehouse and Golf Day -- defeated the efforts of the company’s secured lender to liquidate its assets and successfully reorganized around the Woodworkers Warehouse stores.

In re Glycogenesis: The firm represented Marlborough Research and Development, Inc., now known as Prospect Therapeutics, Inc., an affiliate of a West Coast private equity fund, in connection with its successful purchase of the majority of the assets of Glycogenesis, a publicly-traded biotechnology company based in Massachusetts. Following a two-day contested evidentiary hearing, the Court rejected the attempts of the debtor’s founder to prevent the transfer of a patent license, and approved the sale to the firm’s client.

In re Engage: The firm represented the creditors’ committee in the Engage Chapter 11 reorganization in the Bankruptcy Court for the District of Massachusetts and the creditors trust established following the sale of the majority of Engage’s assets to a third party. On behalf of the trust, the committee and the debtor's estate, the firm brought a multi-count adversary proceeding against Engage’s former parent, CMGI, Inc., and various directors and officers, alleging claims for equitable subordination, fraudulent conveyance, avoidable preference, unlawful dividend, alter ego liability and unlawful and deceptive trade practices, among others, and seeking monetary damages. Following extensive litigation, CMGI settled for a substantial cash payment and waiver of its secured claim against the estate, ultimately resulting in a dividend to creditors in excess of 60%.

In re Blackstone Technology, Inc: The firm represented Ampersand Venture Partners in its provision of debtor-in-possession financing and subsequent acquisition of the majority of assets of Blackstone, a software developer, out of Blackstone’s Chapter 11 proceedings in the Bankruptcy Court for the District of Delaware

General Motors Acceptance Corporation: The firm is regular outside counsel for GMAC in New England for bankruptcy matters involving motor vehicle dealerships. The firm represents GMAC in its status as a secured creditor in both Chapter 11 and Chapter 7 cases, including negotiating cash collateral orders, moving for relief from the automatic stay, and foreclosing on GMAC's collateral after stay relief is granted.

In re ACT Manufacturing: The firm represented Benchmark Electronics, Inc., a public company and contract manufacturer located in Angleton, Texas, in connection with Benchmark’s successful purchase of the majority of the assets of ACT Manufacturing out of ACT’s Chapter 11 proceeding in the Bankruptcy Court for the District of Massachusetts. The firm assisted Benchmark with both the sale process, comprising a contested court hearing involving multiple rounds of bidding over two days, as well as with the closing, which was a cross-border transaction involving the acquisition of the stock and assets of corporations located in North America, Asia and Europe.

In re Fort Hill Square Associates: The firm represented the managing general partners of the debtors, who own One and Two International Place, the largest commercial office building complex in downtown Boston. The debtors had pre-petition debt in excess of $600 million. Following extensive plan and cram-down litigation with the primary secured lender, the debtors successfully emerged from bankruptcy in conjunction with an over $700 million recapitalization, with unsecured creditors receiving 100% of their claims and our clients, the general partners, retaining significant ownership interests in, and day-to-day management of, the reorganized debtors.

In re Standard Media, Inc.: The firm represented the majority shareholder and one of the largest creditors of Standard Media, Inc., the publisher of the Industry Standard, in its Chapter 11 reorganization in the Bankruptcy Court for the Northern District of California

In re Scott Cable: The firm represents four Massachusetts-based private equity funds in defense of a pending lawsuit brought by the United States Department of Justice on behalf of the IRS, seeking to equitably subordinate and recharacterize over $50 million in claims under secured notes issued in connection with Scott Cable’s 1996 plan of reorganization. The trial of this highly complex and unprecedented matter spanned 35 days before the United States Bankruptcy Court for the District of Delaware.

In re RJ Development, Inc: The firm represented the creditors committee in the Chapter 11 cases of RJ Development and two related entities. The debtors are biotechnology companies that manufacture a variety of silicone-based products and other medical devices. They emerged from bankruptcy in October 2006 pursuant to a plan that is estimated will pay general unsecured creditors 40 cents on the dollar. The firm now represents the post-confirmation Liquidating Trustee.

In re New Seabury Company Limited Partnership: The firm served as counsel to the creditors' committee in the New Seabury Chapter 11 reorganization. New Seabury is one of the largest golf courses and resort communities in New England. Two competing plans of reorganization were proposed, from the debtor and an outside purchaser. Due in large part to the firm's involvement as committee counsel, each plan proponent eventually filed a plan paying unsecured creditors 100% of their pre-petition claims, with compound interest.

In re Organogenesis: The firm represented Organogenesis, a Massachusetts-based biotechnology company, in its Chapter 11 reorganization in the Bankruptcy Court for the District of Massachusetts. Organogenesis successfully restructured approximately $40 million in debt and obtained court approval of a plan of reorganization that paid a guaranteed dividend to creditors of 35%.

In re Charles River Hospital, Inc.: The firm's expertise in health care bankruptcies was also featured in the Chapter 11 reorganization case of Charles River Hospital, a psychiatric hospital and outpatient facility located in Wellesley, Massachusetts, in which the firm served as counsel to the debtor

In re Malden Mills Industries: The firm represented the creditors’ committee in the 2001-2003 Malden Mills Chapter 11 reorganization. Malden Mills, one of the largest privately held companies in Massachusetts, restructured approximately $180 million in secured and unsecured debt. The court confirmed a consensual plan of reorganization between the debtor, the unsecured creditors and the company’s senior secured lenders, which provided unsecured creditors with a substantial cash dividend and part ownership of the reorganized company. The firm continues to represent the creditors trust established under the plan in post-reorganization matters, more recently in connection with the company’s 2007 bankruptcy filing. The firm prosecuted the much publicized motion that led to the transfer of the 2007 bankruptcy proceedings from Delaware to Massachusetts.