John J. Hanley

John J. Hanley focuses his practice on litigation finance; first and second lien financings; private placements of debt and equity securities; and the purchase and sale of loans, securities, trade claims, and other illiquid assets. His clients include litigation funders, claimants, business development companies, specialty lenders, investment banks, hedge funds, actively managed CLOs, special purpose vehicles, and other financial institutions.

John structures, negotiates and drafts litigation funding agreements, term and revolving credit facilities, commitment letters, consents, waivers, assignments, “big boy” letters, proceeds letters, and a range of agreements, including guarantee, intercreditor, subscription, purchase and sale, participation and confidentiality agreements.

His pro bono work includes working with the Civil Legal Advice and Resource Office to advise low-income New Yorkers on consumer debt issues under the auspices of the New York State Courts Access to Justice Program and Fordham Law School’s Feerick Center for Social Justice.

From 2012 to 2015, John has been selected to the Irish Legal 100 by the Irish Voice.

REPRESENTATIVE MATTERS

• Represented a litigation funder in connection with a revolving credit facility secured by receivables with Autobahn Funding Company LLC, as the lender and DZ Bank AG, as the administrative agent and as the liquidity agent.
• Represented a law firm specializing in clients with legal claims in consumer and class actions in connection with litigation funding secured by a portfolio of cases.
• Represented the owner of a portfolio of patents in connection with litigation funding to support prosecution of patent infringement cases.
• Represented a full-service intellectual property and technology law firm in connection with litigation funding secured by a portfolio of cases.
• Represented the claimant in connection with a litigation funding agreement to finance claimant’s prosecution of a shareholder oppression lawsuit.
• Wells Fargo Bank, National Association in connection with the Auction/Offer to buy all of the outstanding senior secured loans ($230 million) issued by The Great Atlantic & Pacific  Tea Company, Inc. (A&P).
• CM Finance (Nasdaq: CMFN) in connection with a second lien loan for a buyout of an oil and gas equipment leasing company.
• Highbridge Principal Strategies, LLC in connection with the $195 million first lien credit facility for TouchTunes Interactive Networks, Inc.
• Fortis Capital Management LLC in connection with the purchase of all of the issued and outstanding common stock of Parity Energy, Inc.
• Sandler O’Neill + Partners, L.P. in connection with the private placement of $100 million of debt securities and $100 million of equity of a broker/dealer and $50 million of equity of a regional bank.
• Represented a hedge fund in connection with the purchase and sale of in excess of $1 billion aggregate notional amount of bankruptcy claims (Lehman).
• Represented a top tier bank, based in Europe, in connection with the sale of a $175 million portfolio of non-performing Brazilian pre-export loans.
• Advised The Berkshire Bank in connection with Volcker Rule compliance.
• Represented various hedge funds, trading desks, and special purpose vehicles in connection with par and near par loans, distressed debt, trade claims and related transactions with a market value of  in excess of $3 billion.
• J.P. Morgan Securities Inc. as the underwriter for the initial public offering of Seattle Genetics, Inc.
• Represented the underwriter in connection with the public offering by Pepsico Inc. of $300 million of Debt Securities.
• Represented the administrative agent and lead arrangers in connection with a $1.1 billion credit facility for Kinder Morgan Energy Partners, L.P.
• J.P. Morgan Securities Inc. as initial purchaser in connection with the offering of  $200 million of Senior Notes by Constellation Brands, Inc.
• Represented the initial purchasers in connection with the offering of $1.75 billion Notes and $1.25  billion of Debentures by Devon Financing Corporation, U.L.C.
• General Electric Company in connection with a corporate restructuring to create a  holding company for Canadian assets.
• Deutsche Bank Securities Inc. as initial purchaser in connection with the offering of  $250 million of Senior Notes by Vertis, Inc.
• Represented the administrative agent and lead arrangers in connection with a $325 million credit facility for Express Scripts, Inc.

PUBLICATIONS 

• Push for Disclosure Grows as Litigation Financing Becomes More Commonplace, Quoted, Claims Journal, September 7, 2021
• Privilege Doctrines in Litigation Funding, Rimonlaw.com, August 13, 2021
• Sax v. Fast Track Investments – Legal Finance Regulation, Consumer Lending Interest Rate Regulation, Rimonlaw.com, July 27, 2021
• “True Sales” in Litigation Funding Agreements, Rimonlaw.com, February 4, 2021
• Litigation Finance Waterfalls, Rimonlaw.com, December 29, 2020
• Litigation Finance 101, Rimonlaw.com, December 18, 2020
• Ninth Circuit Questions Whether Litigation Funding Advances Made Against a Portfolio of Cases Runs Afoul of New York Usury Laws, Rimonlaw.com, June 18, 2020
• Claims Traders Beware: Another Bankruptcy Court Determines that Disallowance under Bankruptcy Code Section 502(d) Follows the Claim, Rimonlaw.com, April 30, 2020
• Litigation Finance – A Modest Proposal, Rimonlaw.com, January 23, 2020
• Limited Liability Company Considerations for Conducting Business: A Top Five List, Rimonlaw.com, June 4, 2019
• Visa & Mastercard Interchange Fees Merchant Class Action Update, Rimonlaw.com, April 24, 2019

SPEAKING ENGAGEMENTS

• The Knowledge Group: Litigation Finance on the Rise: Demystifying Trends, Opportunities, and Best Practice. September 13, 2021.
• “Covenant Lite, Convergence and Consequences: Observations on Leveraged Loans and High Yield Bonds”, LSTA 17th annual conference. Oct 27, 2013.

MEDIA

• Sysco Says $140 Million Litigation Funder Blocking Lawyer Change, Emily Siegel, Bloomberg Law, March 21, 2023