Archives for Richard G. Placey

Richard G. Placey

Richard G. Placey

Partner / Philadelphia, Cherry Hill, Wilmington

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…