Kevin C. Maclay is the head of the Bankruptcy and Complex Litigation practice groups and a member of the Board of Directors at Caplin & Drysdale. A Member of the firm’s Washington, D.C., office, his practice focuses on complex civil and commercial litigation, and protecting creditors' rights in Chapter 11 cases. Mr. Maclay has extensive experience in such representations, including in protecting the rights of creditors through fraudulent transfer actions, objecting to, drafting or revising and ultimately negotiating plans of reorganization, as well as handling all of the other matters important to the interests of creditors that arise in major bankruptcy cases involving substantial liabilities.
Services
Mr. Maclay has represented numerous tort creditors' committees, and significant tort creditors in major Chapter 11 bankruptcy proceedings across the country as lead or co-lead counsel, including in the bankruptcies of Paddock Enterprises LLC (Owens-Illinois), DBMP LLC (CertainTeed), Aldrich Pump LLC and Murray Boiler LLC (Trane and Ingersoll-Rand), ON Marine Services Company (Ferro), Cyprus Mines Corp., Kaiser Gypsum Co. Inc. and Hanson Permanent Cement Inc., The Fairbanks Co., Duro Dyne Corp., Yarway Corp., AMR Corp. (American Airlines), City Homes LLC III, The Great Atlantic and Pacific Tea Co. (A&P), Sepco Corp., Eagle Inc., Rapid-American Corp., and Hawker Beechcraft. He also represented such entities in the bankruptcies of Federal-Mogul Global, Inc., W.R. Grace & Co., G-I Holdings, Inc. (formerly GAF Corporation), Flintkote and Flintkote Mines, Ltd., Global Industrial Technologies, Congoleum Corp., and Quigley Co..
Mr. Maclay currently represents the Multi-State Governmental Entities Group (MSGE Group) in the Purdue Pharma and Mallinckrodt opioid-related bankruptcies. The MSGE Group consists of over 1,300 entities–counties, cities and other municipal entities, tribal nations, hospital districts, independent public school districts, medical groups, and funds–across 38 states and territories and collectively represents a constituency of more than 60 million individuals across the United States.
Mr. Maclay also regularly advises nonprofit entities in complex bankruptcy matters around the country. For example, he recently represented a nonprofit foundation, which was the largest prepetition liquidated creditor, in the bankruptcy of WonderWork, Inc. in the Southern District of New York. Leading the Caplin & Drysdale team on behalf of the foundation, Mr. Maclay was instrumental in ensuring that the available cash and assets of WonderWork were distributed to charitable purposes. This bankruptcy was named the TMA Non-Profit Transaction of the Year for 2019.
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.
Admissions & Education
Bar & Court Admissions
- Maryland
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. Bankruptcy Court, District of Columbia
- U.S. Bankruptcy Court, District of Maryland
Education
J.D., University of Virginia School of Law, 1994
B.A., Bucknell University, 1991, cum laude
Recognitions & Noteworthy
Honors & Recognitions
- Benchmark Litigation, Future Star, 2014-Present; Recommended, Washington, D.C., 2010-Present
- Best Lawyers in America, 2016-Present
- Chambers USA, 2019-Present
- The Washington Post, Top Attorneys, Washington, D.C., 2014
- Super Lawyers, Washington, D.C., 2014-Present
Professional Activities & Affiliations
Other Professional Affiliations
Member, American Bankruptcy Institute
Master of the Bench, Walter Chandler American Inn of Court
