Eric’s practice focuses on representing borrowers and lenders in complex commercial transactions, restructurings and workouts, and corporate and municipal bankruptcies. Past representations include corporate borrowers, bond trustees, institutional investors, and a variety of lenders, including banks, hedge funds, and venture capital firms.
His workout industry experience encompasses distressed retirement communities, hotels, municipalities, hospitals, student housing facilities, and educational institutions. His debt practice focuses on syndicated credit facilities, securitizations, receivable/royalty sales, bond transactions, and structured financings generally.
Eric’s experience extends to other disciplines, often in the distressed context, including director and officer representation, intellectual property licensing and sales, consignment, insurance and landlord/tenant issues.
Eric is an active member of the American Bankruptcy Institute and the Boston Bar Association. He is also the co-editor of Mintz's bankruptcy blog which provides timely discussion and analysis on a variety of bankruptcy and commercial law issues.
viewpoints
Que Certa, Certa: Supreme Court Creates Uncertainty with "Cert" Review of Puerto Rico Recovery Act
December 8, 2015 | Blog | By William Kannel, Eric Blythe
It is said that muddy water is best cleared by leaving it be. The Supreme Court’s December 4 decision to review the legality of Puerto Rico’s local bankruptcy law, the Recovery Act, despite a well-reasoned First Circuit Court of Appeals opinion affirming the U.S. District Court in San Juan’s decision voiding the Recovery Act.
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Que Certa, Certa: Supreme Court’s Review of Puerto Rico Recovery Act May Hinder Creditor Negotiations
December 8, 2015 | Blog | By William Kannel, Eric Blythe
It is said that muddy water is best cleared by leaving it be. The Supreme Court’s December 4 decision to review the legality of Puerto Rico’s local bankruptcy law, the Recovery Act, despite a well-reasoned First Circuit Court of Appeals opinion affirming the U.S. District Court in San Juan’s decision voiding the Recovery Act on the grounds that it conflicts with Section 903 of the U.S. Bankruptcy Code, suggests, at a minimum, that at least four of the Justices deemed the questions raised too interesting to let the First Circuit have the last word.
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Severance Payments May be Recoverable in a Company's Bankruptcy
November 2, 2015 | Blog | By Eric Blythe
Working for the Queen of Hearts is a tough gig. A disappointing quarter and she's quick to the chopping block. And the 'severance' she offers - "Off with their heads!" - no thanks.
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363 Sale Denied because Secured Creditor not Paid in Full from Proceeds
August 3, 2015 | Blog | By Eric Blythe
A Delaware bankruptcy court held in In re Ferris Properties, Inc. that the debtors could not sell their property free and clear of the secured lender’s mortgages because the lender would not be paid in full from the proceeds of the sale. Specifically, the Court held that the lender could not be compelled to accept a money satisfaction of its interests under section 363(f)(5), and that the lender did not consent to the sale under section 363(f)(2).
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Bankruptcy Settlements may not have to Comply with the Absolute Priority Rule
July 21, 2015 | Blog | By Eric Blythe
In the recent Third Circuit decision in In re Jevic Holding Corp. the Court of Appeals ruled that, in rare circumstances, settlements in bankruptcy cases can be approved even if they result in junior creditors receiving a distribution before senior creditors are paid in full (i.e., even if the settlement violates the "absolute priority rule").
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Potential Shareholder Liability Arising From Subsidiary WARN Act Violations
March 2, 2015 | Advisory | By Eric Blythe
When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and Retraining Notification (“WARN”) Act for violations by the company.
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Trademark Licensees May Be Protected in a Licensor’s Bankruptcy Even After a “Free and Clear” Sale
December 19, 2014 | Advisory | By Eric Blythe
The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor’s bankruptcy filing. However, because the “intellectual property” definition in the Bankruptcy Code does not include “trademarks,” courts have varied on whether trademark licensees receive similar protection.
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Another Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
September 15, 2014 | Advisory | By Eric Blythe
In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following the borrower’s bankruptcy default.
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Did The Supreme Court Finally Explain Marathon And Stern? Executive Benefits’ Impact on Bankruptcy Court Jurisdiction
June 27, 2014 | Advisory | By Eric Blythe, Richard Mikels
The Supreme Court has spoken once again on the limited jurisdiction of the bankruptcy courts, adding to the understanding derived from Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), Granfinanciera v. Nordberg, 492 U.S. 33 (1989), Langenkamp v. Culp, 498 U.S. 42 (1990) and Stern v. Marshall, 131 S. Ct. 2594 (2011).
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Equity Begets Flexibility: Valuing a Secured Creditor’s Claim in Bankruptcy and Allocating Post-Petition Interest
June 13, 2014 | Advisory | By Eric Blythe
The First Circuit Court of Appeals in In re SW Boston Hotel Venture, LLC, 2014 U.S. App. LEXIS 6768 (1st Cir. Apr. 11, 2014) recently ruled on a number of issues critical to valuing a secured claim in bankruptcy.
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News & Press
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
Rising Stars: Mintz Promotes Trio In Restructuring, M&A, PE
December 20, 2022
The Deal covered Mintz's recent announcement that seven attorneys have been elevated to Member. The publication profiled Eric Blythe, Katya Daniel, and Scott Dunberg, highlighting their focus on restructurings, private equity, and M&A, respectively.
Mintz Announces New Member Growth
December 16, 2022
We're thrilled to announce the addition of 17 new Members to Mintz. Along with seven attorneys recently elevated to membership in the firm, we’ve welcomed ten lateral Members in 2022. They add depth to our experience and capabilities in life sciences, health care, financial services, private equity, sports & entertainment, technology, and other sectors.
Mintz Represents The Paper Store in Chapter 11 Bankruptcy Proceedings
September 14, 2020
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
Mintz Receives M&A Advisor’s “Restructuring Community Impact” Award
February 22, 2016
Events & Speaking
Speaker
Moderator
May
13
2021
Securitizations: Their Place in the Muni-Bond Tool Kit
National Federation of Municipal Analysts
Panelist
Speaker
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Apr
25
2017
Young Bankruptcy Lawyers: How Did We Get Here? Where are We Going?
Boston Bar Association
16 Beacon Street, Boston, MA
Recognition & Awards
Chambers USA: Massachusetts (Associate to Watch) – Bankruptcy/Insolvency (2022 - 2023)
Recognized as a Rising Star by The Legal 500 United States for Finance: Municipal Bankruptcy (2019 - 2023)
Featured in Best Lawyers: Ones to Watch, Commercial Litigation (2021 - 2024)
Boston Magazine Top Lawyers – Bankruptcy (2021)
Recent Insights
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
