James M. Wilton

Partner

wilton-james-m
  • JD, Boston College Law School, 1990;
    Boston College Law Review
  • BA, Bucknell University, 1979

Qualifications

  • Massachusetts, 1990

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • Honorable Francis Boyle, U.S. District Court for the District of Rhode Island (1990 - 1991)
  • American College of Bankruptcy
  • Boston Bar Association (Bankruptcy Law Subcommittee)
  • Massachusetts Bar Association
  • American Bankruptcy Institute

James M. Wilton

Partner

With extensive experience in Chapter 11 and out-of-court restructurings, Jim Wilton has represented debtors, creditors’ committees, corporate directors and officers, and acquirers of distressed assets in major cases throughout the United States. Jim’s clients include major pharmaceutical companies, biotech companies, strategic purchasers of assets, and boards of directors of troubled companies.

Experience

Representations in 363 Sales

  • Oscient Pharmaceutical Corporation in Chapter 11 sales of two commercial stage products, including litigation with patent licensors and secured lender.
  • Brand name mattress manufacturer in Chapter 11 bid to acquire manufacturing plants of sole source supplier, Western Nonwovens, Inc.
  • Major pharmaceutical company in Chapter 11 acquisition of dengue fever vaccine in Phase 2 clinical trials in Chapter 11 case of Hawaii Biotech, Inc.

Representations in Other Matters

  • Holley Performance Products, Inc., manufacturer of high performance parts for the automotive aftermarket in prepackaged Chapter 11 reorganization.
  • Private equity fund in acquisition of USinternetworking, Inc. through pre-negotiated Chapter 11 plan of reorganization.
  • National fitness equipment manufacturer in exchange offer for $100 million of public debt, utilizing a prepackaged reorganized plan as an alternative to induce bondholders to participate in exchange.
  • Major pharmaceutical company in workout of more than $100 million of debt owed by specialty pharmaceutical company and sole source supplier.

Awards

  • The Best Lawyers in America (2005-2014), Bankruptcy and Creditor Debt Rights / Insolvency and Reorganization 
  • Chambers USA: America's Leading Lawyers for Business (2010-2013)
  • Massachusetts Super Lawyers (2004-2013)

Publications

Publications

  • James M. Wilton and Andrew G. Devore, "Trademark Licensing in the Shadow of Bankruptcy," 68 Bus Law. 739 (May 2013)
  • James M. Wilton, Edward Black, Patrick Diaz and Stephen Moeller-Sally, "Tackling Rights Of Trademark Licensees In Bankruptcy," Law360 (September 20, 2012)
  • James M. Wilton, "Bankruptcy Proofing a U.S. Patent License: Protecting the Interests of the Licensor," LES Japan News (December 2011, Vol. 52, No. 4)
  • James M. Wilton and James A. Wright, "Parsing and Complying with New Rule 2019," American Bankruptcy Institute Journal (October 2011)
  • James M. Wilton and Stephen Moeller-Sally, "Debt Recharacterization Under State Law," 62 Bus. Law. 1257 (August 2007)
  • Mark I. Bane and James M. Wilton, "Insolvency Litigation Risks for Directors and Officers," New York Law Journal (October 30, 2006)
  • James M. Wilton and Geoffrey B. Davis, "Managing Insolvency Risk in U.S. Pharmaceutical Collaboration and Development Agreements," The Americas Restructuring and Insolvency Guide (2004/2005)