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Mr. Johnston is a partner with Hennigan, Bennett & Dorman
LLP. Mr. Johnston specializes in corporate reorganization
and commercial bankruptcy matters, including both debtor and
creditor representation.
Mr. Johnston was a lead attorney in the group that represented
the County of Orange in its chapter 9 municipal bankruptcy
case, and subsequently has represented a number of debtors
in chapter 11 proceedings, including Kenetech Windpower, Inc.,
Barry’s Jewelers, Inc., SmarTalk TeleServices, Inc.,
WestStar Cinemas, Inc., and Komag, Inc. Mr. Johnston also
served as reorganization counsel to the City of Desert Hot
Springs, California, the first California city to reorganize
under chapter 9 of the Bankruptcy Code, and as counsel to
the chapter 7 trustee for Brobeck, Phelger & Harrison
LLP in one of the largest law firm insolvency proceedings.
Mr. Johnston also has represented creditors, creditor groups,
and indenture trustees in chapter 11 cases and out-of-court
workouts across the county, including Official Committees
of Unsecured Creditors in chapter 11 proceedings involving
RBX Corporation and SpectraSite Holdings, Inc., a member of
the Official Committee of Unsecured Creditors of Calpine Corporation,
ad hoc committees of bondholders of Adelphia Communications,
Ashanti Goldfields, and the City of Klamath Falls, and indenture
trustees in the United Air Lines, Delta Airlines, and Northwest
Airlines bankruptcy cases.
Mr. Johnston has an active appellate practice and has argued
appeals before the Third, Seventh, and Ninth Circuits, the
Ninth Circuit Bankruptcy Appellate Panel, and numerous District
Courts.
Education
University of Southern California Law Center,
J.D., 1993; Order of the Coif; Malcomb Lucas Award (highest
first-year GPA); Gerald G. Kelly Award (highest second-year
GPA), Alfred J. Mellenthin Award (highest GPA through second
year); and Scribes Award (legal writing); Managing Editor,
University of Southern California Law Review
University of Southern California, M.A.,
Communication Management, 1993
Stanford University, A.B., Economics and
Communications, 1990
Professional Activities
Admitted: California
Law Clerk, Hon. Cynthia Holcomb Hall, Circuit
Judge for the United States Court of Appeals for the Ninth
Circuit, 1993-1994
Articles and Publications:
Co-author, “Your Bond Issuer Has Filed
For Bankruptcy? A Survey Of The Trips, Traps, And Opportunities
That Await Corporate Bondholders In A Chapter 11 Case,”
Norton Annual Survey of Bankruptcy Law (forthcoming Summer
2008)
Co-author, “State Defiance of Bankruptcy
Law,” 52 Vand. L. Rev. 1528 (1999)
Author, “The Inequitable Machinations
of Section 362(a)(3): Rethinking Bankruptcy’s Automatic
Stay Over Intangible Property Rights,” 66 S. Cal. L.
Rev. 659 (1992)
Co-author, “Introduction: In the Matter
of Kaye, Scholer, Fierman, Hays & Handler: A Symposium
on Government Regulations, Lawyers’ Ethics, and the
Rule of Law,” 66 S. Cal. L. Rev. 977 (1993)
Co-author, “Privileges in Bankruptcy,” presented
at the New York University Workshop on Bankruptcy & Business
Reorganization (1993)
Panelist, Los Angeles Bankruptcy Forum programs:
“Bankruptcy and Intellectual Property” (2003),
“Bankruptcy Courts versus the States” (2000),
and “Matters of Privilege” (1999); San Francisco
Bar Association program "Chapter 9 - 101" (2007).
AV Peer Review Rated
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