Representative Experience

Bankruptcy and Restructuring Practice

• Advised boards of directors and management of over 50 high technology, biotechnology and other venture-backed companies in insolvency and restructuring matters, including fiduciary duty issues, wind-downs, asset sales, secured party foreclosures and recapitalizations.
• Regularly represent Boston-area venture capital and private equity funds in individual transactions acquiring assets of venture investments out of bankruptcy.
• In re Organogenesis, Inc.  Represented the debtor, a biotechnology company, in its Chapter 11 reorganization.  Case confirmed with creditors receiving either stock equal to 100% of the reorganized debtor or a 35% cash dividend.
• In re ACT Manufacturing, Inc.  Represented Benchmark Electronics, Inc. in its successful $70 million acquisition subsequent cross-border transaction of the majority of the assets of ACT Manufacturing, a Chapter 11 debtor.
• In re Radiance.  Represent the debtor, in its Chapter 11 case.  Successfully sold assets following creatively structured auction, which resulted in sufficient proceeds to pay 100% dividend to unsecured trade creditors.  Settled related litigation against alleged secured creditor for zero dollars and no claim by creditor.
• Represent Anglo Irish Bank Corporation, the second largest bank in Ireland, in highly publicized bankruptcy proceedings involving its former CEO.
• Represented the creditors committee in the following confirmed Chapter 11 cases:
  
  • In re Malden Mills Industries: Creditors received a combination of cash and stock equal to 20 - 25% of their claim.
  • In re Engage, Inc.: Creditors received a cash dividend equal to ~ 60% of their claim.
  • In re RJ Development: Creditors will receive a cash dividend in excess of 40% of their claim.
  • In re Palm Harbor One LLC: Successfully sold assets of failed real estate venture. Distribution and liquidation pending.
  • In re Trend-Lines: Creditors received 100% of the stock of the reorganized debtor.
  • In re East Boston Neighborhood Health Center: Creditors received a cash dividend of ~ 40% of their claim.
  • In re New Seabury Properties: Creditors received a cash dividend equal to 100% of their claim, plus interest.
• In re Fort Hill Partners.  Represented the primary equity holders in the Chapter 11 case of One and Two International Place, the largest office buildings in downtown Boston, which resulted in the equity holders maintaining a substantial share of the reorganized debtors.
• In re Scott Cable.  Currently defending Media/Communications, LP, a technology-oriented private equity fund, in an adversary proceeding brought by the United States Government seeking recharacterization and equitable subordination of over $50 million in secured notes.
• In re Madoff Securities.  Currently defending numerous investors in defense of clawback actions brought by the Madoff Trustee.

Litigation Practice

• Jet2.com v. Sutra, Inc. (Mass. Super. Ct.: Bus. Litigation Session).  Won summary judgment for a British airline in defense of a theft of trade secret claim brought by the software developer of the client’s on-line airline reservation and booking system. Case settled shortly thereafter.
• Consulting Engineering Corp. v. Geometric Software Solutions, Inc. (ED Va.). Defended Indian-based software developer in litigation brought by prospective business partner for breach of contract, theft of trade secrets and tortious interference with business relations. Won motion to dismiss before federal District Court, and subsequent affirmance on appeal by Fourth Circuit.
• Kuntz Manufacturing Co. v. Biosite Incorporated (CD Cal). Defended device manufacturer in litigation for theft of trade secrets and breach of contract involving custom-designed manufacturing machine. Case settled.
• State of Florida v. 3BTV (Fla. Circuit Court), NFL v. PrimeTime 24 (SDNY) Represented a telecommunications company involved in an international copyright dispute with the NFL in federal court and the Second Circuit, and won a jury trial for an affiliated satellite provider in civil enforcement action brought by the Florida attorney general.
• Triumph Capital v. Ascent Pediatrics (Mass. Super. Ct.:  Bus. Litigation Session). Won summary judgment for Ascent Pediatrics, a subsidiary of Medicis Pharmaceutical Corporation, in litigation brought by a lender and investor alleging a $20+ million breach of a securities purchase agreement. Case affirmed on appeal.
• Trinity Biotech v. Wampole Labs (Mass. Super. Ct.).  Represented device manufacturer in litigation for breach of exclusive supply and distribution agreement. Case settled after discovery.
• Highfields Capital v. SCOR, SA. (Mass. Super. Ct., Bus. Litigation Session). Obtained significant settlement for Highfields Capital, an investment fund, in Massachusetts state court litigation against SCOR, a French reinsurance company, alleging fraud, misrepresentation and unfair business practices in connection with an investment in an Irish company.
• Neogen Corp. v. Ionian Technologies (W.D. Mich.). Defended California-based biotech company in breach of contract case seeking to compel defendant to grant an intellectual property license to the plaintiff. Case was settled shortly after motion to dismiss filed.
• CTC Communications Group, Inc. v. Fabbricatore, et al. (D. Mass, D. Del). Successfully defended a start-up telecommunications company against lawsuits in Delaware and Massachusetts federal courts brought by a competitor alleging unfair competition, tortious interference with business relations, breach of contract and theft of trade secrets. Successfully defeated preliminary injunction motion, which was affirmed on appeal. Case was ultimately dismissed by the plaintiff.
• Represented Massachusetts-based medical device manufacturer in M&A litigation brought by competitor to enjoin acquisition on grounds of breach of right of first refusal. Successfully defeated preliminary injunction motion and won arbitration trial.
• Encite LLC v. Soni, et al. (Del. Chancery Ct.). Defending Massachusetts based venture capital firm in defense of fiduciary duty litigation arising out of failed start-up, and in third party litigation brought against founder.  Case scheduled for trial in 2012.
• Represent India-based global provider of IT and software based implementation solutions in defense of multi-million dollar breach of contract litigation brought by customer. Arbitration pending in California.