Robert E. Day

Robert Day is a partner in Montgomery McCracken’s Litigation Department and serves as chair of the firm's Class Action Practice. He has litigated complex legal issues in state and federal courts around the country, with a particular focus on class action defense. Rob has represented clients on appeals before both the intermediate and Supreme Court in Pennsylvania, the United States Court of Appeals for the Second, Third, and Fifth Circuits, and on petition for writ of certiorari to the United States Supreme Court. Rob has presented oral argument before the Third and Fifth Circuits. Rob also has extensive experience representing companies in arbitration and advising them on arbitration law issues—especially, in recent years, mass arbitration defense.

Rob has defended major players (including Fortune 500 companies) and small businesses alike from a diverse array of industries—including tech, manufacturing, spirits, and retail—facing an equally diverse array of legal claims. In his class action defense practice, he has defended companies against antitrust, consumer protection, Real Estate Settlement Practices Act (“RESPA”), and Fair and Accurate Credit Transactions Act (“FACTA”) claims (among others). His appellate work has tackled a similarly diverse array of legal issues, including First Amendment, antitrust law, maritime law, and Federal Tort Claims Act claims.

Rob contributes regularly to the firm’s thought leadership, publishing articles that focus on issues related to class action defense and arbitration.

Prior to joining Montgomery McCracken, Rob was a law clerk for the Honorable Edith Clement on the U.S. Court of Appeals for the Fifth Circuit in New Orleans, LA. He also clerked for the Honorable Mitchel E. Ostrer on the New Jersey Appellate Division.

Robert earned his J.D. degree from University of Pennsylvania School of Law, where he served as the Articles Editor for the University of Pennsylvania Journal of Constitutional Law and was a member of the Supreme Court Clinic, participating in merits briefing before the United States Supreme Court. He also received a Certificate in Business from the Wharton School. Prior to attending law school, Robert received his A.B. degree in Philosophy from Princeton University and a Master’s in Religion from Westminster Theological Seminary.