Patrick P. Dinardo

Representative Client Work

• Following trial, successfully negotiated resolution of a complicated dispute over a 62-year ground lease involving approximately four acres in the Kendall Square area of Cambridge, Massachusetts
• Advised a healthcare company on its successful acquisition of seven senior living facilities in North and South Carolina from a Chapter 11 Debtor and its non-debtor tenants in common
• Represented a Canadian power plant contractor as a major creditor in the Delaware bankruptcy of a key equipment supplier and all related issues
• Represented a syndicated bank group in negotiating a series of forbearance agreements, a cash collateral stipulation and finally, terms of the takeout, recovering 100% of bank group’s $120 million loan within thirty days of a Debtor’s Ohio bankruptcy filing
• Litigated to successful conclusion an objection to plan confirmation in Delaware for a client who provided post-bankruptcy financing of approximately $70 million through mortgage and sale/leaseback arrangements on healthcare facilities in ten states
• Guided an international client on the United States bankruptcy sale and auction process, resulting in a $56 million acquisition of the worldwide intellectual property rights and all overseas operations of Arthur D. Little, Inc.
• Advised a national office supply chain on its acquisition of various real estate interests held by a series of Chapter 11 debtors throughout the Eastern United States 
• Tried Plaintiff's claims for trade secret, breach of contract and intentional interference to a jury in the Court of Common Pleas, for Summit County, Ohio
• Obtained disputed D&O coverage and thereafter litigated to a successful conclusion breach of fiduciary duty and other claims brought by a Chapter 7 Trustee against the founder and Chairman of the Board of a high tech startup
• Litigated and resolved numerous pre- and post-confirmation issues in the successful reorganization of a national convenience store chain with annual revenues of approximately $2.5 billion
• Precedent-Setting Decisions Reflecting Mr. Dinardo’s Work Include:
• Noonan v. Wonderland Greyhound Park LLC, et al., 2010 WL 2724000 (D. Mass. 2010) (intercreditor subordination issues)
• Rogers Street LLC, et al. v. MBA-Rogers Street LLC, et al., Civil Action No. 06-4917-BLS2 (Massachusetts Superior Court, Business Litigation session 2009) (ground lease and estoppel issues)
• Haseotes v. Cumberland Farms, Inc., 284 F.3d 216 (1st Cir. 2002) (breach of fiduciary duty/corporate opportunity)
• In re Rickel Home Centers, Inc., 240 Bankr. 826 (D. Del. 1998), aff'd 209 F.3d 291 (3d Cir. 2000), cert. den. 148 L.Ed.2d 120 (2000) 
• In re CyberMedica, Inc., 280 Bankr. 12 (Bankr. D. Mass. 2002) (D&O coverage in Chapter 7 context)  
• In re Cumberland Farms, Inc., 249 Bankr. 341 (Bankr. D. Mass. 2000), aff'd. 257 Bankr. 691 (D. Mass. 2001) and 181 Bankr. 678 Bankr. D. Mass. 1995), aff'd. 216 Bankr. 690 (D. Mass. 1997)
• In re Filene's Basement, Inc., 239 Bankr. 845 and 850 (Bankr. D. Mass. 1999) (disqualification issues)
• In re Wintex, 158 Bankr. 540 (D. Mass. 1992) (bankruptcy sale procedure) 
• HRPT Advisors, Inc. v. MacDonald, Levine, Jenkins & Co., P.C., 43 Mass. App. Ct. 613 (1997) (mortgage issues)

Bar & Court Admissions

• Massachusetts, 1982
• U.S. District Court, District of Massachusetts
• U.S. Tax Court
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Third Circuit
• Supreme Court of the United States

Publications

• Discovery in a Contested Matter in Bankruptcy Court, paper presented at the American Bankruptcy Institute Northeast Winter Conference with Frederic Grant Jr. and Rob Kerwin (January 2011)
• Some Bankruptcy Rules to Live (and Litigate) By, ABI Northeast Winter Conference (2009)
• Picking Up the Pieces, Retail Traffic Magazine, Quoted (February 5, 2009)
• Housing Slump Makes Real Estate A Lawyer's New Home Court, Investor's Business Daily, Quoted (September 11, 2008)
• Contributor to Chapter 7, "Leveraged Buyouts (Structural and Tax Issues) and Acquisitions of a Troubled Business (Creditors’ Rights and Bankruptcy)" in Mergers and Acquisitions: A Step-by-Step Legal and Practical Guide, Edwin L. Miller, Jr. (2008, Wiley)
• "A Primer on Understanding IP Licenses in Bankruptcy (where the Debtor is Licensee)," MCLE Bankruptcy Law Conference Materials (October 2007)
• "Bankruptcy Jurisdiction and Post-Confirmation Issues," paper presented at Massachusetts Continuing Legal Education Bankruptcy Law Conference (October 28, 2003) (co-author with Pamela Smith Holleman)

Speaking Engagements

• Faculty participant in symposium on "Litigation Skills," American Bankruptcy Institute Northeast Summer Conference (July 2010 and July 2011)
• Faculty participant on "Pretrial Orders and Discovery, The Trial and Post Trial Proceedings," American Bankruptcy Institute Northeast Winter Conference (January 2009)
• Faculty participant, "Anatomy of a Distressed Business," seminar jointly sponsored by the American College of Bankruptcy First Circuit Fellows and Boston College Law School (April 2008)
• “Protecting Your IP Assets in Bankruptcy: A Guide for Debtors and Their Nondebtor Counterparties,” Massachusetts Continuing Legal Education, Inc. (October 2007)

Awards & Honors

• Massachusetts Super Lawyers (2004-2011)
• Chambers USA, Leading Lawyer in Bankruptcy/Restructuring (2009-2011). Recognized in 2011 as "Being a very astute and practical attorney who can deal with complicated situations." Chambers USA 2011
• AV® Preeminent™ rating from Martindale-Hubbell®

Professional & Civic Activities

• Massachusetts and Boston Bar Association
• Co-Chair, Bankruptcy Section Pro Bono Committee, Boston Bar Association, 2010, 2011 
• Member, Steering Committee for the Bankruptcy Law Section, Boston Bar Association, 2010, 2011
• American Bankruptcy Institute
• Joint Boston Bar Association/United States Bankruptcy Court Task Force on Financial Literacy, 2005-2010
• Chair, Sullivan & Worcester's Pro Bono Committee
• One of eight practitioners appointed in 2004 to the Bankruptcy Merit Selection Panel by First Circuit Court of Appeals to assist in selection of a new bankruptcy judge for the District of Massachusetts

Education

• J.D., University of Chicago Law School, 1982
• B.A., magna cum laude, Georgetown University, 1979