A. Lee Hogewood III

Represented Nuseed, a Sacramento, California-based global agriculture innovator enabling the transformation of select crops into renewable and traceable sources of lower-carbon energy and plant-based nutrition, in connection with a “private” free and clear sale transaction under Bankruptcy Code Section 363 with Yield10 Bioscience, Inc. (OTCMKTS: YTENO). Yield10 Bioscience, Inc. is a Massachusetts-headquartered agricultural bioscience company that is using its differentiated trait gene discovery platform to develop improved Camelina varieties for the production of proprietary seed products. Yield10 filed for bankruptcy protection in December 2024, simultaneously seeking approval for a sale to Nuseed of substantially all of Yield10's assets, including intellectual property and seed materials. The court approved the sale the first week of January 2025 and the sale closed the following week. In re: Yield10 Bioscience, Inc., 24-12752-MFW (Delaware).

Represented a biotechnology company in the 363 sale auction and acquisition of NM 136, an in-development therapy with likely application as a next-generation weight loss injectable medication. In re: 9 Meters Biopharma., Inc. 23-10992-5-PMW (EDNC).

Represented a pharmaceutical company as the successful bidder on a commercialized topical skin treatment sold by one of the debtors in In re: Novan, Inc., et al., 23-10937-LSS (Delaware). 

Represented Chiesi Farmaceutici S.p.A., a family-controlled global pharmaceutical company, as the stalking horse bidder for the assets of an antibody medication in the Chapter 11 case of a biotechnology company. In re: PhaseBio Pharmaceuticals, Inc., 22020995-LSS (Delaware).

Advised Sentiss AG in connection with its bid for and acquisition of the Swiss operations and certain other assets of Illinois-headquartered Akorn AG, a generic pharmaceuticals manufacturer, in a Chapter 7 auction. India-headquartered Sentiss Group is a niche pharmaceutical company. In Re: Akorn Holding Company, LLC, et al., 23-10253-KBO (Delaware).

Represented a predominantly Black community in litigation with adjacent town after decades of refusal to annex; town settled by annexing the community several months after suit was filed. Walnut Tree Community Association, et al. v. Town of Walnut Cove, Case no. 17-CVS-614 (NC Superior Court, Stokes County, 2017).

Represented plaintiff in connection with assertion of claims regarding conditions of confinement. While the claims were rejected by the trial court and United States Court of Appeals for the Fourth Circuit, Matherly v. Andrews, 859 F.3d 264 (4th Cir. 2017), many of the practices complained of were improved or discontinued during the course of the litigation. Pro Bono matter.

Represented Samaritan Housing Foundation, Inc. in the Chapter 11 case of In Re: Sears Farm, LLC, Case No. 18-00986-5-SWH, and in an adversary proceeding styled Samaritan Housing Foundation, Inc v. Sears Farm, LLC, Case No. 18-00021-5-SWH, pending in the Eastern District of North Carolina. Samaritan and Sears Farm asserted various claims against one another related to a bond financing and retirement community. After two mediations, the parties reached a global settlement obtaining rezoning approval, resulting in a confirmed, consensual Chapter 11 plan, approximate matter value of US$77 million.

Represented Samaritan Housing Foundation in North Carolina Business Court case captioned Sears Farm LLC v. Samaritan Housing Foundation, Inc, 2023 CVS 9526 (Wake) (settled).

Representation of national retailer in connection with lease rejection issues in ToysRUS Chapter 11 case. ToysRUS Chapter 11, Case No. 17-34665 (EDVA).

Represented Frontier State Bank in achieving a consensual plan of reorganization of multiple secured loans and resolution of multiple pending lender liability actions in Oklahoma federal court and North Carolina Bankruptcy Court; represented Frontier State Bank in foreclosure of collateral upon post-confirmation default by debtor and obtaining dismissal of post-foreclosure litigation initiated by debtor and guarantor. In re: River Landing Center, LLC, Case No. 17-01144 (EDNC 2017); River Landing Center, LLC, et al. v. Frontier State Bank, AP Case No. 19-00176 (EDNC).

Represented corporate and individual defendants on claims in excess of US$15 million arising under the terms of a real estate development agreement. W&W Partners, Inc., et al. v. Ferrell Land Company, LLC, et al., Case No. 2017-CVS-9998 (North Carolina Business Court). Successful rulings include: (i) denial of plaintiffs' request for preliminary injunction [2018 WL 2561697, at *1 (NC Super. Mar. 08, 2018); (ii) dismissal of claims for piercing the corporate veil and unfair and deceptive trade practices [2018 WL 2339464, at *1 (NC Super. May 22, 2018)]; (iii) summary judgment on plaintiff's claim for constructive trust [2019 WL 3368417, at *2 (NC Super. July 25, 2019)]; and (iv) grant of defendant's motion for fees under Chapter 75 [2019 WL 8108276, at *1 (NC Super. Dec. 06, 2019)].

Represented secured creditor in negotiating a consensual plan resulting in full payment through a structured sale process; established district-wide precedent regarding the proper forms of discovery to be used in contested matters. In re: Job P. Wyatt & Sons' Company, Case No. 11-02664 [2011 WL 5909534, at *2 (Bankr. EDNC July 14, 2011)].

Defended Dolven Enterprises, Ryan Graven, and GFY defendants in connection with claims for breach of fiduciary duty, misappropriation of trade secrets, unfair and deceptive trade practices. Global Textile Alliance, Inc. v. TDI Worldwide, LLC, et al., Case No. 17-CVS-7304 (North Carolina Business Court). Successful rulings include: (i) denial of plaintiff's motion for preliminary injunction [2017 WL 5641185, at *1 (NC Super. Nov. 21, 2017)]; (ii) partial grant of motion to dismiss for lack of jurisdiction over the GFY Defendants [2018 WL 5985083, at *1 (NC Super. Nov. 14, 2018)]; (iii) grant of Defendants' Motion to Compel [2019 WL 8109485, at *1 (NC Super. Feb. 26, 2019)]. Global Textile Alliance v. TDI Worldwide, et al. 

Represented international client pursuing acquisition of specific assets, including a specialized vessel valued at nearly US$400 million through a Chapter plan process. In re: Emas Chiyoda Subsea Limited, et al., Case No. 17-31146 (SD Tex).

Represented incumbent junior lender in connection with post-petition debtor in possession (DIP) financing, stalking horse bid process, section 363 sale, and in connection with disputes with other constituents resulting in successful free and clear sale to third party buyer resulting in full payment of all secured debt and distribution to unsecured creditors. In re: Xtreme Power, et al.,, Case no. 14-10096 (WD Tex).

Represented successful competing bidder in a Chapter 11 Section 363 free and clear sale and auction of substantially all debtor's assets, including the certificate of need (CON) required to operate an assisted living facility. In re: AA Holdings-Winston-Salem, LLC, Case No. 17-31083 (WDNC).

Represented a financial institution before the North Carolina Supreme Court, obtaining reversal of a unanimous panel of the North Carolina Court of Appeals on an issue of first impression regarding the sufficiency of a stamped endorsement to transfer a note secured by real estate. In re: Foreclosure of Bass, 738 S.E.2d 173 (2013).

Represented junior lienholder and bidder for communications technology assets in connection with sale free and clear of liens under Section 363 of the Bankruptcy Code. In re: Xtera Communications, Inc., et al., Case No. 16-12577 (D.Del).

Represented senior secured lender in connection with appeal of bankruptcy court's order permitting post-petition DIP financing and priming lien in an ongoing residential construction project, obtaining a stay pending appeal, and reversal of the lower court decision SunTrust Bank v. Den-Mark Const., Inc., 406 B.R.683 (EDNC 2009).

In re: Surf City Investments, Case No 11-01398 (EDNC). Represented senior secured creditor in multimillion-dollar credit secured by wet and dry storage marina and beach front hotel property in connection with the "roll up" of multiple related borrowers; defended lender liability claims asserted as adversary proceedings in bankruptcy court; obtained appointment of trustee and thereafter negotiated global settlement and liquidating plan, including the auction of individual dry dock slips.

Represented senior secured creditor in single asset real estate Chapter 11 establishing district precedent regarding the "reasonable possibility of being confirmed" standard under the Section 362(d)(3) 90-day plan filing requirement in single asset cases. In re: Carolina Commons Dev. Grp., LP, No. 09-11230-8-JRL, 2010 WL 1965895, at *1 (Bankr. EDNC May 17, 2010).

Represented a financial institution in connection with a multimillion-dollar construction contractor workout, successfully collecting millions of dollars in disputed construction claims on behalf of a secured creditor.

Represented manufacturer in connection with Chapter 11 proceeding of airline in connection with resolution of multiple pending executory contract assumptions, rejections, and extensions.

Represented competing bidder for the assets of A123 Systems under Section 363 through diligence, submission of qualified bid, and two-day auction process. In re: A123 Systems Inc., et al., Case No. 12-12859 (KJC) (D.Del.).