John Cushing counsels entrepreneurs and emerging growth and mature private and public companies on a wide spectrum of strategic and tactical matters at every stage of the business life cycle. A Director in the firm's Corporate practice, John also works collaboratively with lawyers in Goulston & Storrs’ Capital Markets, Green Business, Mergers & Acquisitions and Emerging Technologies & Venture Capital groups.
Prior to joining Goulston & Storrs, John was most recently a partner at an Am Law 20 firm in Boston.
John’s practice focuses on corporate and securities law, including business planning, entity selection and formation, private equity and venture capital financing, joint ventures and strategic alliances, mergers and acquisitions, private placements and public offerings of debt and equity securities, technology licensing, SEC compliance, corporate governance, recapitalizations and general corporate matters. He represents clients in a variety of industries, including alternative energy, consumer products, digital and print media, high technology, e-commerce and e-solutions, software development and information technology, life sciences, medical devices, polymer science, manufacturing, and professional and financial services.
Prior to entering into private law practice, John served in various positions of financial planning and analysis, cost and budget control and internal audit, including as Divisional Controller of The Timberland Company's Dominican Republic manufacturing group and Corporate Cost and Budget Manager. He is a graduate of the Lockheed-Sanders, Inc. Financial Management Program. John’s background in finance and operations also affords him a unique understanding of clients’ business and financial objectives.
- Advised AION Partners, a leading private real estate investment firm, and negotiated related complex joint venture arrangements, in connection with AION’s acquisition of a 4,035-unit apartment portfolio with properties in New Jersey, Pennsylvania and Delaware.
- Represented Annie’s, Inc. in its $109.25 million initial public offering (Credit Suisse Securities (USA) LLC and J.P. Morgan Securities LLC were the joint book-running managers and representatives of the underwriters for the offering); Represented Annie’s, Inc. in a secondary offering of shares of common stock to be sold exclusively by participating selling stockholders, including an over allotment allocation that was exercised in full.
- Represented a Fortune 50 life science company in connection with acquisitions of biotechnology, biomedical and analytic instrumentation targets.
- Represented the U.S. subsidiary of a London-based public company in its acquisition of all of the issued and outstanding capital stock of a U.S.-based leading business-to-business account wagering solutions provider.
- Represented a 70-year old leader in design and manufacture of interconnect solutions in its acquisition of a manufacturer of wire harnesses, cable assemblies, and electro-mechanical assemblies for power management and ruggedized industrial end markets; Represented company in its acquisition of a manufacturer of high quality products for trainline communication/control connectors and harness assemblies for the transportation industry.
- Represented a venture-backed, late-stage clinical development oncology company focused on an epigenetic approach to overcoming the problem of resistance in cancer therapy in connection with its private placement of Series B-1 Preferred Stock and warrants; Represented company in connection with its private placement of Series B-1 Preferred Stock to an Asian venture capital firm; Represented company with its private placement of Series B-1 Preferred Stock to a Russian sovereign wealth backed private equity investor, and current investors; Represented company in connection with several convertible note financing transactions.
- Advised EnerNOC, Inc., one of the largest providers of energy intelligence software and services for commercial, institutional, and industrial customers, as well as electric power grid operators and utilities, in its acquisition of Germany-based company accelerating its market expansion into continental Europe; Advised EnerNOC, Inc. in its acquisitions of leading global utility bill management company addressing matters related to the acquisition of operations in the US and UK as well as their subsidiaries in Australia, Brazil, Canada, China and India.
- Represented Brookstone, a national specialty retailer of distinctive consumer products, in connection with the approximately $180 million sale of substantially all of its assets to a consortium of Chinese investors following its filing for Bankruptcy protection.
- Represented a leader in the supply, repair and servicing of oil and gas field, industrial, coal mine and agricultural products and equipment in connection with the restructuring of its credit facility; Represented the company in connection with the redemption of all of the issued and outstanding minority interests.
- Represented manufacturer of non-toxic, high performance paint, in connection with the disposition of certain assets.
- Represented New England-based, internationally-recognized university in its acquisition of certain technology and intellectual property assets.
- Represented Allen & Gerritsen, Inc., a Boston, Massachusetts-based advertising agency, in its acquisition of another advertising firm. Closed senior and subordinated loan financings to support the acquisition.
- Represented eviti, Inc., the creator of an evidence-based advanced decision support oncology platform, in connection with its private offering in a bridge financing of convertible promissory notes; Represented eviti, Inc. in connection with its merger with its principal stockholder.
- Represented an investment management firm focused on seeking solid financial returns from funds with lasting social and environmental impact in an equity financing with multiple closings.
- Represented a leading New England-based hydropower company that develops, operates and manages small-scale regional and local hydroelectric facilities in its initial equity financing with multiple closings.
- Represented a New York City-based financial software and technology company in a common stock offering to new and existing investors.
- Advised prominent New England-based family-owned supermarket company in connection with corporate governance and contractual matters during prolonged shareholder dispute and eventual ownership restructuring.
Professional and Community Involvement
- Immediate Past President, St. John's Preparatory School Alumni Association
- Executive Officer, New England Chapter, Fordham Law Alumni Association
- Member, Executive Committee, St. Anselm College Boston Business Roundtable
- Member, Boston Bar Association