johnathan c bolton - professional biography - goodsill

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7/16 Johnathan C. Bolton, Esq. Johnathan Bolton’s practice includes the areas of business law, commercial litigation, real estate litigation, and creditors’ rights and bankruptcy involving matters of finance, real estate, construction, energy, retail, hospitality, business transactions, collections, insurance, foreclosures, and insolvency. He is admitted to practice law in Hawaii, New York and Texas (inactive) and is qualified to practice as a solicitor by the Supreme Court of England and Wales. Johnathan is the head of Goodsill’s Bankruptcy and Creditors’ Rights group. BUSINESS LAW Johnathan has assisted clients with formation of new business entities in Hawaii, including drafting operating agreements and obtaining protection for intellectual property rights Johnathan has assisted clients with business contracts and agreements Johnathan has assisted clients with obtaining trademarks from the USPTO Johnathan has drafted escrow agreements and intellectual property license agreements Johnathan has advised clients regarding corporate restructuring issues Johnathan has assisted clients with structuring of loan agreements Johnathan has advised clients in connection with sales of substantially all of their assets Johnathan has advised directors and officers regarding corporate governance issues, including fiduciary duties, conflicts of interest and matters relating to the zone of insolvency Johnathan has assisted clients with dissolution proceedings under state law COMMERCIAL LITIGATION Johnathan has represented clients in commercial disputes including breach of contract, business torts, professional malpractice and deceptive acts and practices claims Johnathan has represented clients bidding on Hawaii State construction jobs Johnathan has represented Trust Administrators in commercial disputes Johnathan has represented clients in defense of securities litigation matters Johnathan has defended clients in fraudulent conveyance litigation Johnathan has represented creditor clients in receivership proceedings Johnathan has assisted clients with judgment enforcement including writs of garnishment Education Baylor Law School, J.D. 2000 Stony Brook University, B.A. (cum laude), 1996 Practice Areas Corporate and Securities Commercial Litigation Real Estate & Construction Litigation Securities Litigation Creditors’ Rights and Bankruptcy Mergers and Acquisitions Bar Admissions Hawaii New York Texas (inactive) England and Wales (solicitor) Admitted to Practice Fifth Circuit Court of Appeals Ninth Circuit Court of Appeals Second Circuit Court of Appeals U.S. District & Bankruptcy Courts for the Southern & Eastern Districts of New York U.S. District & Bankruptcy Courts of Texas U.S. District & Bankruptcy Courts of Hawaii Address First Hawaiian Center 999 Bishop Street, Suite 1600 Honolulu, HI 96813 Direct Dial (808) 547-5854 E-Mail Address [email protected] Firm Website Address www.goodsill.com

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Johnathan C. Bolton, Esq.

Johnathan Bolton’s practice includes the areas of business law, commercial litigation, real estate litigation, and creditors’ rights and bankruptcy involving matters of finance, real estate, construction, energy, retail, hospitality, business transactions, collections, insurance, foreclosures, and insolvency. He is admitted to practice law in Hawaii, New York and Texas (inactive) and is qualified to practice as a solicitor by the Supreme Court of England and Wales.

Johnathan is the head of Goodsill’s Bankruptcy and Creditors’ Rights group.

BUSINESS LAW Johnathan has assisted clients with formation of new business

entities in Hawaii, including drafting operating agreements and obtaining protection for intellectual property rights

Johnathan has assisted clients with business contracts and agreements

Johnathan has assisted clients with obtaining trademarks from the USPTO

Johnathan has drafted escrow agreements and intellectual property license agreements

Johnathan has advised clients regarding corporate restructuring issues

Johnathan has assisted clients with structuring of loan agreements Johnathan has advised clients in connection with sales of

substantially all of their assets Johnathan has advised directors and officers regarding corporate

governance issues, including fiduciary duties, conflicts of interest and matters relating to the zone of insolvency

Johnathan has assisted clients with dissolution proceedings under state law

COMMERCIAL LITIGATION Johnathan has represented clients in commercial disputes

including breach of contract, business torts, professional malpractice and deceptive acts and practices claims

Johnathan has represented clients bidding on Hawaii State construction jobs

Johnathan has represented Trust Administrators in commercial disputes

Johnathan has represented clients in defense of securities litigation matters

Johnathan has defended clients in fraudulent conveyance litigation Johnathan has represented creditor clients in receivership

proceedings Johnathan has assisted clients with judgment enforcement

including writs of garnishment

EducationBaylor Law School, J.D. 2000

Stony Brook University, B.A. (cum laude), 1996

Practice AreasCorporate and Securities

Commercial LitigationReal Estate & Construction Litigation

Securities LitigationCreditors’ Rights and Bankruptcy

Mergers and Acquisitions

Bar AdmissionsHawaii

New YorkTexas (inactive)

England and Wales (solicitor)

Admitted to PracticeFifth Circuit Court of Appeals

Ninth Circuit Court of AppealsSecond Circuit Court of Appeals

U.S. District & Bankruptcy Courts for the Southern & Eastern Districts

of New YorkU.S. District & Bankruptcy

Courts of Texas U.S. District & Bankruptcy

Courts of Hawaii

AddressFirst Hawaiian Center

999 Bishop Street, Suite 1600Honolulu, HI 96813

Direct Dial(808) 547-5854

E-Mail [email protected]

Firm Website Addresswww.goodsill.com

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REAL ESTATE LITIGATION Johnathan represents corporations and financial institutions in

collection, repossession and foreclosure matters Johnathan has represented clients in landlord-tenant disputes,

quiet title actions and foreclosure proceedings Johnathan has assisted clients with summary possession and

eviction proceedings and obtaining writs of possession

CREDITORS’ RIGHTS AND BANKRUPTCY Johnathan represents commercial and investment banks, lending

institutions, hedge funds and other major creditors in chapter 7, chapter 11 and chapter 13 bankruptcy cases

Johnathan has acted as debtors’ counsel to several publicly-traded and privately-held companies in their chapter 11 reorganization cases. He has also worked on several successful out-of-court restructurings on behalf of both creditor and debtor clients

Johnathan has represented official committees of unsecured creditors and equity holders in chapter 11 cases

Johnathan has experience with cross-border insolvency matters, including chapter 15 bankruptcy cases filed in the U.S.

Johnathan has represented purchasers and sellers of assets in connection with section 363 sales and plans of reorganization

Johnathan has represented clients in preference, fraudulent conveyance and bankruptcy-related litigation matters

During law school, Johnathan served as an Assistant Managing Editor of the Baylor Law Review and was a member of the Order of Barristers. Following graduation from law school, Johnathan practiced law with Fulbright & Jaworski L.L.P. (now Norton Rose Fulbright) in Houston, Texas for over a decade before joining Goodsill in 2012.

Johnathan is Board Certified in Business Bankruptcy Law by the American Board of Certification and holds a Certificate of Specialization in Business Bankruptcy Law from the Supreme Court of Hawaiʻi. The Supreme Court of Hawai‘i grants Hawai‘i certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.

Johnathan served as President of the Hawaii Bankruptcy Bar Association in 2015 and has published articles in the Hawaii Bar Journal, USLaw Magazine and many leading bankruptcy publications including the ABI Journal, the TMA Journal of Corporate Renewal, and INSOL World. He is a co-author of the 2013 Hawaii Bankruptcy and Collections Law Manual and the author of the Bankruptcy Appeals chapter in the Hawaii State Bar Association’s 2013 Federal Appellate Practice Manual. He frequently writes and speaks on the topics of business bankruptcy and collections law.

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Honors and Awards Listed in “Best Lawyers in America, Bankruptcy & Creditor-

Debtor Rights Law” (2009-2017) Selected to the Hawaii Super Lawyers list (2013-2016) Selected to the 2016 Top 25 Hawaii Super Lawyers list Ranked in "Chambers & Partners" Bankruptcy/Restructuring -

Hawaii (2016) “AV” Peer Review Rating – Martindale-Hubbell Named as a “Future Star” in Benchmark Litigation 2015

Memberships and Affiliations American Bankruptcy Institute Hawaii State Bar Association Hawaii Bankruptcy Bar Association State Bar of Texas (inactive) New York State Bar Association Law Society of England and Wales

Selected Recent Publications “Evicting the Commercial Tenant,” Sterling Educational Services

(August 2016) “Bankruptcy Appeals,” HSBA Federal Appellate Practice Manual

(2013) "Where Collection Law Meets Bankruptcy Law,” USLaw

Magazine (Spring/Summer 2013) “Intellectual Property Considerations in Times of Financial

Distress,” Hawaii Bar Journal (2013) “Navigating the Complex World of International Insolvency,”

ExecSense (2012) “Claim Buyers Beware: Timing is Critical” ABI Journal (2012) “Supreme Court, Appellate Justices Weigh in on Trio of Notable

Cases,” TMA Journal of Corporate Renewal (2011) Co-author, “Risks and Problems of Forum Selection in a Cross-

Border Insolvency Case,” Norton Annual Review of International Insolvency (2011)

Co-author, “Grupo Mexicano: Has Picard resurrected the Right to Pre-Judgment Attachments?” ABI Journal (2011)

Co-author, “English High Court Recognizes, Enforces U.S. Court Judgments in Adversary Proceedings,” ABI Journal (2010)

“Breach of Fiduciary Duty Claims,” Turnaround Management Association’s Journal of Corporate Renewal (2009)