Patrick P. Dinardo

Representative Client Work

• Advised a healthcare company on its successful acquisition of seven senior living facilities from a Chapter 11 Debtor and its non-debtor tenants in common
• Represented a Canadian contractor as creditor in its dealings with the Delaware bankruptcy of a key equipment supplier
• 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 the debtor’s bankruptcy filing
• Litigated to successful conclusion an objection to plan confirmation 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 national office supply chain on its acquisition of various real estate interests held by a series of Chapter 11 debtors
• 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:

• Haseotes v. Cumberland Farms, Inc., 284 F.3d 216 (1st Cir. 2002)(breach of fiduciary duty/corporate opportunity)
• In re CyberMedica, Inc., 280 Bankr. 12 (Bankr. D. Mass. 2002) (D&O coverage in Chapter 7 context)
• 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) (seminal case on acquisition of lease rights in bankruptcy)
• 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)
• HRPT Advisors, Inc. v. MacDonald, Levine, Jenkins & Co., P.C., 43 Mass. App. Ct. 613 (1997) (mortgage issues)
• In re Wintex, 158 Bankr. 540 (D. Mass. 1992) (bankruptcy sale procedure)

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

• 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)
• "Some Bankruptcy Rules to Live (and Litigate) By," (with Timothy Landry), published in the educational materials for the ABI Northeast Winter Conference on Consumer and Litigation Skills (Boston, MA 2009)
• 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)

Client Advisories

• Acquiring (And Preserving) Leasehold Value Under the New Bankruptcy Code Amendments

Speaking Engagements

• Faculty participant on "Pretrial Orders and Discovery, The Trial and Post Trial Proceedings," American Bankruptcy Institute Northeast Winter Conference (January 19, 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 18, 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 (2004-2009)
• Chambers USA, Leading Lawyer in Bankruptcy/Restructuring (2009 and 2010)

Professional & Civic Activities

• Massachusetts and Boston Bar Association
• Co-Chair, Bankruptcy Section Pro Bono Committee, Boston Bar Association  
• Bankruptcy Law Section, Boston Bar Association
• American Bankruptcy Institute
• 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
• 2005 Joint Boston Bar Association/United States Bankruptcy Court Task Force on Financial Literacy

Education

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