Matthew J. Rifino

Matthew is results-orientated and works to find common sense solutions to complex problems.

Matthew Rifino helps organizations navigate complex commercial disputes, including unclaimed property and corporate bankruptcy and restructuring matters, both in and out of court. He counsels clients on identifying areas of risk in their business practices to help them reduce financial exposure.

With unclaimed property being a growing source of revenue for states and holders of unclaimed property ever more vulnerable to states’ aggressive tactics to collect on this revenue source, Matthew advocates for his clients’ interests, holds states accountable, and where necessary, files suit to prevent violations of his clients’ rights. Matthew has been involved in several high profile litigations affecting the State of Delaware’s unclaimed property program, including the reversal of a multi-million dollar judgment related to a holder’s gift card program.

Matthew also guides creditor clients through the bankruptcy process, from the earliest indication of debtor distress through the payment of his client’s claims. Matthew represents secured and unsecured creditors in the finance, manufacturing, and oil and gas industries in bankruptcy proceedings across the country. His experience includes counseling prospective purchasers of assets, facilitating the assumption and assignment of executory contracts, compelling payment of pre- and post-petition debts, and obtaining relief from the automatic stay.

Active in pro bono matters, Matthew’s work has included counseling small businesses as part of the Philadelphia VIP Small Business Clinic, representing victims of domestic abuse in protection from abuse proceedings and custody disputes through Delaware Volunteer Legal Services, and assisting the Office of Child Advocate as a guardian ad litem for children in foster care to ensure that they receive the necessary social, medical, and financial support.

Secured a jury verdict in Delaware Superior Court awarding Salt Meadows $12.9 million—the second largest jury verdict in a construction defect litigation in any Delaware federal or state court. The case revolved around damages related to water infiltration at townhomes in Fenwick Island, Delaware, caused by the general contractor’s negligent construction and supervision of construction at the property 15 years ago.

Obtained through motion practice a dismissal with prejudice of counterclaims asserted by a defendant claiming breach of contract, promissory estoppel, fraud, and violations of the Pennsylvania Unfair Trade Practices & Consumer Protection Law against our client bank in an effort to recover millions of dollars from the bank in response to the bank’s breach of contract action against the defendant. The dismissal bars the defendant from recovering related attorneys’ fees, punitive damages, and statutory treble damages.

Represented a credit default swap participant in an adversary action filed by a litigation trustee, which sought the avoidance of certain payments under Sections 544, 547, 548, and 549 of the Bankruptcy Code, in which the United States Bankruptcy Court for the Southern District of New York granted defendants’ motion to dismiss the complaint with prejudice.

Secured an appellate victory on behalf of Overstock.com in the Delaware Supreme Court in a unique case involving Delaware escheat law and a qui tam action. The Court, sitting en banc, unanimously reversed a multi-million dollar false claim judgment entered against Overstock.com.

Represented an airplane manufacturer in a wrongful death action and subsequent appeal, in which the Delaware Supreme Court affirmed the trial court’s decision to grant the manufacturer’s motion for summary judgment based on the statute of repose set forth in the General Aviation Revitalization Act.

Represented a limited liability company and its members in a breach of contract action, in which the U.S. District Court for the District of Delaware granted clients’ motion to dismiss the third party complaint based on a finding that the third party defendants were not managers under Section 109 of the Delaware Limited Liability Company Act.

Represented a semiconductor manufacturer in a product liability action and subsequent appeal, in which the Delaware Supreme Court affirmed the trial court’s decision to grant the manufacturer’s motion to dismiss the complaint based on the exclusive remedy provision of the Texas Workers Compensation Act.

Represented a chapter 7 trustee in a contested matter involving the sale of substantially all of the debtors’ assets, in which the U.S. Court of Appeals for the Third Circuit affirmed the order of the bankruptcy court authorizing the sale of the debtors’ assets free and clear of all claims, liens, and encumbrances pursuant to Section 363 of the Bankruptcy Code.

Represented a Fortune 500 company in defense of an enforcement action initiated by the State of Delaware under the Delaware Unclaimed Property Law, in which the Delaware Court of Chancery stayed the state court action in favor of the first-filed federal court action.

Represented the former holder of a mortgage and promissory note in an ancillary matter, in which the Delaware Superior Court granted the client’s petition to compel the Office of the Recorder of Deeds for Kent County, Delaware to mark the mortgage satisfied on the public records of Kent County, Delaware.

Represented a manufacturer in a preference action and subsequent appeal, in which the U.S. District Court for the District of Delaware affirmed the bankruptcy court’s decision to grant the manufacturer’s motion for summary judgment based on an accord and satisfaction defense.

Represented the lender in a breach of contract action, in which the Delaware Superior Court granted the lender’s motion to dismiss the complaint based on the statute of limitations.

Represented the lender in a breach of contract action, in which the Delaware Superior Court granted the lender’s motion for entry of default judgment based on the defendants’ default on a land acquisition loan and commercial guaranty and subsequent failure to comply with Title 10, Section 3901 of the Delaware Code.

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