Archives for Richard G. Placey
Richard G. Placey
Partner / Philadelphia, Cherry Hill, Wilmington
E: rplacey@mmwr.com
P: 302-504-7880
Business Disruption Due to COVID-19
March 20, 2020
In addition to the very serious healthcare issues facing us, COVID-19 is likely to create many issues between business parties…
Montgomery McCracken Receives “International Restructuring Deal of the Year” at the 9th Annual International M&A Advisor Awards
June 14, 2017
NEW YORK – Montgomery McCracken is pleased to announce the firm has received “International Restructuring Deal of the Year” award…
Montgomery McCracken Selected as Finalist for Three Awards for the 9th Annual International M&A Advisor Awards
May 8, 2017
PHILADELPHIA – Montgomery McCracken has been selected as a finalist for the “Energy Deal of the Year ($250MM – $1B)”…
Montgomery McCracken to Receive Two Awards at The M&A Advisor’s 11th Annual Turnaround Awards
January 30, 2017
January 30, 2017 – Montgomery McCracken is pleased to announce the firm will receive the “Restructuring Deal of the Year…
Montgomery McCracken Receives “Restructuring Deal of the Year (Over $100MM)” Award by The M&A Advisor
November 10, 2016
NEW YORK, NY (November 10, 2016)– Montgomery McCracken has received the “Restructuring Deal of the Year (Over $100MM)” award by…
Montgomery McCracken Selected as Finalist for Two Awards for the 15th Annual M&A Advisor Awards
September 1, 2016
PHILADELPHIA – Montgomery McCracken has been selected as a finalist for the “Energy Deal of the Year” award and “Restructuring…
Montgomery McCracken Successfully Obtains Confirmation of O.W. Bunker Debtors’ Liquidation Plans
December 18, 2015
A team of Montgomery McCracken bankruptcy and maritime attorneys led by Natalie D. Ramsey, Richard G. Placey, Davis Lee Wright,…
Delaware General Corporation Law Amended to Provide (1) New Procedure for Curing Defective Corporate Acts and (2) Related Proceedings in Court of Chancery
March 24, 2014
Effective April 1, 2014, newly-enacted Delaware General Corporation Law (“DGCL”) Sections 204 and 205 will provide a statutory process by…
Third Circuit: Bankruptcy Court Has Jurisdiction to Interpret Its Own Orders
August 7, 2013
On July 30, 2013, the Third Circuit Court of Appeals found that the Bankruptcy Court can interpret its own orders….
Delaware Court of Chancery Upholds Facial Validity of Board-Adopted Delaware Forum Selection Clauses Contained in Bylaws
July 11, 2013
The Delaware Court of Chancery recently upheld the validity of bylaw amendments adopted without shareholder approval requiring that suits pertaining…
Solyndra Trustee Says Lien Fight Should Stay In Delaware
June 24, 2013
The trustee overseeing the estate of failed solar-power company Solyndra LLC on Wednesday urged a Delaware bankruptcy judge to reject…
Third Circuit Update: Subchapter S Corporation Tax Status Not Estate Property
June 4, 2013
The Third Circuit Court of Appeals, in a case of first impression at the Circuit Court level, has determined that…
Supreme Court Alert: “Defalcation” Defined to Determine Discharge of Debt
May 21, 2013
For years, the term “defalcation” as used in the Bankruptcy Code has been largely undefined, leaving courts to fashion their…
Can Defendants in a Securities Fraud Case Still Attempt to Defeat Class Certification by Presenting Evidence to Rebut a Presumption of Reliance?
April 18, 2013
The Supreme Court’s recent decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___, 133 S….
Recent Decisions in Bankruptcy Court
March 18, 2013
Third Circuit Finds Covenant Not to Sue in Patent Settlement is a License that Cannot be Rejected under Bankruptcy…
Pennsylvania Supreme Court Reinstates Decertification of “Rapid Refund” Claims, Citing “The Inherently Discrete and Subjective Aspects of Marketing and Customer-Relations Impact”
October 4, 2012
On September 7, 2012, the Pennsylvania Supreme Court effectively ended a 19-year effort to litigate state-law claims arising from H…
Summer Never Sleeps for Bankruptcy Opinions in the Third Circuit
September 28, 2012
Plan Confirmation In In re American Capital Equipment, LLC, 688 F.2d 145 (3d Cir. 2012), the Third Circuit ruled that…
Third Circuit Upholds Bankruptcy Court’s Use of Real Estate Appraisal of Fair Market Value Under §506(a) And Clarifies Burden of Proof in Such Cases
July 25, 2012
In In re Heritage Highgate, Inc., 679 F.3d 132 (3d Cir. 2012), the Third Circuit held that the bankruptcy court…
Third Circuit Rejects Division of Settlement Class Into Two Groups Because Group Receiving Lesser Benefits Not Adequately Represented
June 13, 2012
On May 31, 2012, the Third Circuit reversed the certification of a settlement class of Volkswagen and Audi owners because…
Supreme Court Alert: High Court Upholds Right to Credit Bid
May 30, 2012
As noted in our last bulletin, the issue of whether a secured creditor’s right to credit bid in a non-consensual or “cramdown”…
Alert from Montgomery McCracken’s Bankruptcy & Corporate Restructuring Practice
May 16, 2012
Bankruptcy Perjury Not Cause for Deportation On April 16, 2012, the Third Circuit Court of Appeals reversed a Jamaican immigrant’s…
New Jersey Federal Court Denies Class Certification in Cracked Screen Case
April 11, 2012
Last month, New Jersey federal Judge Anne Thompson denied class certification in a proposed class action lawsuit involving cracked screens…
Recent Third Circuit Decision Opens Door to Administrative Expense Priority for Pension Withdrawal Liability
December 1, 2011
In In re Marcal Paper Mills, Inc., 650 F.3d 311 (3d Cir. 2011), the Third Circuit Court of Appeals determined…
Proposed Amendments to New Jersey’s Consumer Fraud Act Could Rein In Class Actions Against New Jersey Businesses
August 17, 2011
As many courts have recognized, New Jersey’s Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (“NJCFA”), is one of the strongest…
Montgomery McCracken Secures Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts
February 22, 2011
Rejecting a claim that printing a credit card’s month of expiration-but not the year-on a sales receipt violates federal law,…
Third Circuit Vacates Approval of Class Action Settlement Because Factual Record On Fairness Was Inadequate
December 22, 2010
A new Third Circuit decision makes clear that the standards for a “fair, reasonable, and adequate” settlement under Federal Rule…
Third Circuit Rejects Settlement Class Certification Because District Court Conducted an Unnecessary Merits Inquiry in Addressing the Adequacy of the Named Plaintiffs
December 16, 2010
The Third Circuit’s landmark decision in In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2008), put that…
Third Circuit Rejects “Fraud Created The Market” As Basis For Class Certification
November 1, 2010
In a case of first impression for the Court, the Third Circuit has rejected the so-called “fraud-created-the-market” theory as a…
Third Circuit Overrules Frenville
October 20, 2010
In overruling the often criticized case of Matter of M. Frenville Co., Inc., 744 F.2d 332 (3d Cir. 1984), the…
En Banc Third Circuit to Review Challenge to Nationwide
October 6, 2010
The Third Circuit has granted rehearing en banc in a case that could clarify the standards for certifying settlement classes…
Expert Issues Unique to Types of Expertise
September 23, 2010
American Bar Association Publication "Engaging and Retaining the Expert Witness"Scientific experts can form an important arrow in your trial quiver. The identification and development of scientific experts lends itself…
Delaware Bankruptcy Judge Rules That Payment Does Not Prevent Use of New Value Defense in Favorable Opinion for Vendors
May 1, 2010
Many businesses will at some point find themselves a defendant in a preference action commenced by or on behalf of…