Matthew J. Rifino | McCarter & English, LLP

Matthew J. Rifino is a Commercial Litigator whose practice focuses on corporate bankruptcy and restructuring matters, commercial disputes, corporate counseling, and pre-suit risk assessment across a broad range of industries, including financial services, oil & gas, and manufacturing.

Matthew represents lenders, equipment lessors, and retailers in Chapter 11 bankruptcy proceedings, in which he has assisted clients interested in acquiring the assets of debtors, facilitated the assumption of contracts, obtained payment of pre- and post-petition debts, and gained relief from the automatic stay to allow for the exercise of state law remedies. His bankruptcy practice also includes the representation of a Chapter 7 Trustee where he has overseen the marketing and sale of assets and negotiated financial settlements for the benefit of the bankruptcy estate. In addition, he has obtained monetary judgments in state court proceedings against defaulting borrowers and guarantors on behalf of secured creditors.

Matthew also represents companies embroiled in commercial disputes. Relying on his knowledge of Delaware law, in which he has authored numerous articles for the Delaware Corporate and Alternative Law Group, Matthew has litigated disputes concerning, among other things, the interpretation and enforcement of term sheets, asset purchase agreements, and formation agreements.

Further, Matthew works with clients to identify areas of risk in their business practices which could expose them to financial liability. He offers clients a wealth of knowledge based on his experience litigating disputes in state and federal court, and he has written numerous articles published in Law360, Lexology, and JD Supra, which offer common-sense solutions to complex legal issues. Matthew favors a practical approach to problem solving, which reflects a respect for the clients’ resources and capabilities.

Finally, Matthew lends his time to various legal aid organizations in the region. He has counseled small businesses through his participation in the Philadelphia VIP Small Business Clinic. He has represented victims of domestic abuse in protection from abuse proceedings and custody disputes through his work with Delaware Volunteer Legal Services, Inc. Matthew also assists 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.

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 of assets 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 United States 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 manufacturer in a mass tort action, in which the United States District Court for the Eastern District of Pennsylvania granted the manufacturer’s motion for summary judgment based on the plaintiff’s failure to establish product nexus and causation.

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 United States 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 United States 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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