Kevin C. Maclay

Kevin C. Maclay: Attorney with Caplin & Drysdale, Chartered
  • Member at Caplin & Drysdale, Chartered (67 Attorneys)
  • One Thomas Circle NW, Suite 1100, Washington, DC 20005
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Biography

Kevin C. Maclay is a Member of Caplin & Drysdale's Washington, D.C., office. His practice focuses on complex civil and commercial litigation, and on bankruptcy and restructuring issues. He has represented numerous creditors' committees or secured creditors in major Chapter 11 bankruptcy proceedings across the country, including in the bankruptcies of Federal-Mogul Global, W.R. Grace & Co., G-I Holdings (formerly GAF Corporation), Flintkote and Flintkote Mines, Ltd., First Magnus Financial, Global Industrial Technologies, Congoleum, Quigley, Cone Mills, PhyAmerica, and Greater Southeast Community Hospital.

Mr. Maclay also has extensive experience in commercial litigation, including litigation involving nonprofit organizations, securities and consumer class actions, tax litigation, commercial contract actions, and antitrust cases. He has represented clients at the trial and appellate levels of state and federal courts across the country, as well as in commercial arbitrations.

Mr. Maclay graduated from the University of Virginia School of Law (J.D. 1994), where he was a member of the Law Review.

Awards & Rankings

Benchmark Litigation, Future Star, 2014-Present; Recommended, Washington, D.C., 2010-Present
Best Lawyers in America, 2016-Present
The Washington Post, Top Attorneys, Washington, D.C., 2014-Present
Super Lawyers, Washington, D.C., 2014-Present

Recent Publications

• Recent Sixth Circuit Decision Clarifies Appealability of Bankruptcy Court Orders, with Todd E. Phillips and Sally J. Sullivan, Lexology, December 11, 2018
• SDNY Bankruptcy Court Enters Final Default Judgments Against Properly Served Foreign Defendants, with Todd E. Phillips and Sally J. Sullivan, Lexology, August 22, 2018
• Second Circuit Holds Arbitration of Alleged Violation of Discharge Injunction Conflicts with Purposes of Bankruptcy Code, with Todd E. Phillips and Kevin M. Davis, Lexology, June 29, 2018
• There's No Elephant in This Mousehole: The Supreme Court Upholds State Court Jurisdiction Over Class Actions Brought Under the Securities Act of 1933, with Todd E. Phillips, Lexology, May 18, 2018
• Is Per Debtor Better? Cases Analyzing Cramdown and Substantive Consolidation Reflect Ongoing Debate About Creditor Protections in Multi-Debtor Bankruptcies, with Todd E. Phillips, Lexology, April 19, 2018
• Supreme Court Alert: The Court Provides Additional Guidance on the Appropriate Level of Review of Determinations of Mixed Questions of Law and Fact by the Bankruptcy Court, with Todd E. Phillips and Jeanna Rickards Koski, Lexology, March 19, 2018
• Narrower Harbors: Supreme Court Holds that 546(e) Securities Safe Harbor Does Not Protect Transfers in Which Financial Institution Is Only a Conduit, with Todd E. Phillips and Kevin M. Davis, Lexology, March 16, 2018
• The First Circuit Joins Several Other Circuit Courts in Finding That Creditors' Committees Have an Unconditional Right to Intervene in Adversary Proceedings, with Todd E. Phillips and Sally J. Sullivan, Harvard Law School Bankruptcy Roundtable, March 13, 2018
• Choice of Law Issues in the Hyundai & Kia Fuel Economy Litigation: Toward a New Predominance Analysis?, with Todd E. Phillips, Lexology, February 12, 2018
• First Circuit Finds Creditors' Committees Have Unconditional Right to Intervene in Adversary Proceedings, with Todd E. Phillips and Sally J. Sullivan, International Law Office, February 9, 2018
• The First Circuit Joins Several Other Circuit Courts in Finding That Creditors' Committees Have an Unconditional Right to Intervene in Adversary Proceedings, with Todd E. Phillips and Sally J. Sullivan, Lexology, January 23, 2018
• Delaware Bankruptcy Court Reaffirms the Viability of Class Proofs of Claim in PacSun Bankruptcy, with Todd E. Phillips and Sally J. Sullivan, Lexology, July 18, 2016
• Third Circuit Rules Failure to Appeal Leaves Union and its Retirees Without a Remedy, with James P. Wehner and Todd E. Phillips, Lexology, September 9, 2014
• Limitations on Corporation's Ability to Free Itself from Legacy Liabilities, International Law Office, June 20, 2014
• Stipulation Limiting Damages Cannot Circumvent CAFA Jurisdiction, with Todd E. Phillips, Caplin & Drysdale, March 26, 2013
• Supreme Court to Consider Impact of Stipulation Limiting Damages on CAFA Jurisdiction, with James P. Wehner and Todd E. Phillips, Lexology, September 10, 2012
• Making Their Mark: The Supreme Court Clarified and Reshaped Class Action Law in the October 2010 Term, with Todd E. Phillips, Mondaq, August 1, 2011
• United States Supreme Court Holds That Loss Causation Is Not Required to Obtain Class Certification in a Securities Class Action, with Todd E. Phillips, Mondaq, June 13, 2011
• Supreme Court Holds that Agreements with Arbitration Clauses Can Properly Waive Class Action Rights, with Todd E. Phillips, Caplin & Drysdale, April 29, 2011
• The Supreme Court to Hear Arguments on Whether Loss Causation Must Be Established for Class Certification, with Todd E. Phillips, Caplin & Drysdale Client Alert, April 21, 2011

Recent Speaking Engagements

•Panelist, Litigating on the Edge - Handling Disputes with Distressed Companies, Washington Metropolitan Area Corporate Counsel Association's Litigation Forum, July 26, 2011

Recent News

•Law360 Quotes Kevin Maclay: PG&E Fire Liability Has California Considering Chapter 11 Alternative, Law360, August 17, 2018
•Caplin & Drysdale Improves Ranking in 2019 Best Lawyers in America , August 15, 2018
•18 Caplin & Drysdale Attorneys Recognized by Super Lawyers in D.C., April 23, 2018
•Caplin & Drysdale Litigators Recommended in 2018 Benchmark Litigation, Benchmark Litigation, November 28, 2017
•Caplin & Drysdale Earns Top Ranking in 2018 Best Lawyers in America , August 15, 2017
•Caplin & Drysdale Lawyers Listed Among D.C.'s Most Prominent Practitioners, Super Lawyers, April 27, 2017
•Clients and Peers Recommend 4 Caplin & Drysdale Litigators in 2016 Benchmark Litigation, Benchmark Litigation, October 3, 2016
•Best Lawyers in America Lists 18 Caplin & Drysdale Attorneys, U.S. News & World Report, August 15, 2016
•Super Lawyers Recognizes Caplin & Drysdale Lawyers from Several Practice Areas, Super Lawyers, April 26, 2016
•Benchmark Litigation Lists Caplin & Drysdale's Complex Litigation Group for Sixth Consecutive, Benchmark Litigation, October 2, 2015
•Super Lawyers Lists Caplin & Drysdale Lawyers, Caplin & Drysdale, April 23, 2015
•Caplin & Drysdale's Complex Litigation Group Earns Listing in 2015 Benchmark Litigation, Benchmark Litigation, November 10, 2014

Areas of Practice (2)

  • Complex Litigation
  • Bankruptcy

Education & Credentials

Contact Information:
(202) 862-7841  Phone
www.caplindrysdale.com
University Attended:
Bucknell University, B.A., cum laude, 1991
Law School Attended:
University of Virginia School of Law, J.D., 1994
Year of First Admission:
1994
Admission:
U.S. Court of Appeals for the Third Circuit; U.S. Bankruptcy Court for the District of Columbia; U.S. District Court for the District of Columbia; District of Columbia Court of Appeals; 1994, Maryland; 1996, District of Columbia; U.S. Supreme Court; U.S. District Court for the District of Maryland
Memberships:

Other Professional Affiliations

Member, American Bankruptcy Institute

Master of the Bench, Walter Chandler American Inn of Court

ISLN:
900518834

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (18)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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