James M. Wilton
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.
Representations in 363 Sales
- Genocea Biosciences, a public company, through its sale of assets, including significant clinical intellectual property assets, and wind-down through a chapter 11 proceeding.
- Amgen, Inc. in acquisition of assets of Unilife Corporation, a manufacturer of medical devices.
- Champion Home Builders in Chapter 7 acquisition of assets of Innovative Building Systems, LLC.
- Oscient Pharmaceutical Corporation in Chapter 11 sales of two commercial stage products, including litigation with patent licensors and secured lender.
- Simmons Bedding Co. 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
- Chapter 11 debtor in U.S. Supreme Court case, Mission Products Holdings, Inc. v. Tempnology, LLC, to determine rights of trademark licensee following rejection of license.
- An Ivy League university's endowment in connection with investments in chapter 11 case of Global Maritime Investment.
- 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 out-of-court workout of more than $100 million of debt owed by specialty pharmaceutical company and sole source supplier.
- Served as bankruptcy court appointed mediator in connection with objections of twelve creditors holding $150 million of secured debt in Chapter 11 reorganization of Cashman Equiment Corporation, a supplier to the maritime construction and oil and gas industries.
- Quoted, “Tempnology Looks for Warm Trademark Ruling From Supreme Court,” The Deal (March 7, 2019)
- James M. Wilton and William Alex McGee, “The Past and Future of Debt Recharacterization,” 74 Bus. Law. 91 (Winter 2018-2019)
- James M. Wilton and William Alex McGee, “Robbing Peter to Pay for College? A Good-Faith Defense in Tuition Clawback Fraudulent Transfers,” American Bankruptcy Institute Journal (November 2016)
- 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)
- Moderator, “Intellectual Property Licensing in the Shadow of Bankruptcy”, LES Annual Meeting, Boston, Massachusetts (October 14 – 17, 2018)
- Panelist, “Complex Commercial: This Year’s Most Important Issues in Commercial Restructuring,” 25th Annual Northeast Bankruptcy Conference (July 13, 2018)
- JD, Boston College Law School, 1990; Boston College Law Review
- BA, Bucknell University, 1979
Admissions / Qualifications
- Massachusetts, 1990
- Supreme Court of the United States
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- The Best Lawyers in America Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law “Lawyer of the Year” (2023)
- The Best Lawyers in America Bankruptcy and Creditor Debt Rights / Insolvency and Reorganization (2005-2023)
- Chambers USA: America's Leading Lawyers for Business (2010-2022)
- Massachusetts Super Lawyers (2004-2021)
- Boston Magazine “Top Lawyers” (2021)
- Turnaround Management Association “Non-Profit Turnaround of the Year” Award (2020)
- American College of Bankruptcy, inducted 2014