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Eric R. Blythe

Member

[email protected]

+1.617.348.4913

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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, educational institutions, and project finance facilities. 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

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.  However, this time, an analysis of this distressed scenario prompted a new question: does it matter if the CBA is already expired, i.e., does the Bankruptcy Code distinguish between a CBA that expires pre-petition versus one that has not lapsed?
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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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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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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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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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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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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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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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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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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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News & Press

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Mintz attorneys Ian Hammel and Eric Blythe received a “Turnaround of the Year” award from the Minnesota Chapter of the Turnaround Management Association (TMA). 

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.

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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©.

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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.

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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.

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The Deal covered Mintz's recent announcement that seven attorneys have been elevated to Member. The publication profiled Eric BlytheKatya Daniel, and Scott Dunberg, highlighting their focus on restructurings, private equity, and M&A, respectively. 

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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.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
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Events & Speaking

Panelist
Speaker
Nov
17
2023
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Moderator
May
13
2021

Securitizations: Their Place in the Muni-Bond Tool Kit

National Federation of Municipal Analysts

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Panelist
Nov
18
2020

Chapter 9 and Municipal Securitizations

Smith's Research & Gradings

Online

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Speaker
Apr
25
2017

Young Bankruptcy Lawyers: How Did We Get Here? Where are We Going?

Boston Bar Association

16 Beacon Street, Boston, MA

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Recognition & Awards

  • Featured in Best Lawyers, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2025)

  • Chambers USA: Massachusetts (Up and Coming) – Bankruptcy/Restructuring (2024)

  • Chambers USA: Massachusetts (Associate to Watch) – Bankruptcy/Restructuring (2022 - 2023)

  • Recognized as a Next Generation Partner by The Legal 500 United States for Finance: Municipal Bankruptcy (2024)

  • 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)

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