Monica Clarke Platt

Monica is an experienced commercial litigator who focuses on complex business disputes, financial-services litigation, class actions, and First Amendment claims. Having litigated matters from inception through trial and appeal, Monica is a strategic thinker who looks for opportunities to leverage her clients’ strongest positions into early settlement where desirable while also developing each case so as to be trial-ready.

Monica has represented businesses of all kinds of litigation and is equally adept at handling a complex fraud case as she is handling disputes relating to commercial leases and real estate development. As a former editor, Monica has a keen interest in First Amendment claims. She has represented plaintiffs in multiple high-profile freedom of speech cases, and has represented several clients in defamation claims.

In addition, Monica frequently represents petitioners seeking conservatorship of abandoned and blighted properties under the Pennsylvania Abandoned and Blighted Property Conservatorship Act (Act 135). Monica has successfully litigated numerous conservatorship cases, securing conservatorship of abandoned properties throughout Philadelphia. She also has obtained successful settlements resulting in rehabilitation by owners.

While in law school, Monica completed an externship with the Honorable Sue L. Robinson in the United States District Court for the District of Delaware. She also interned at a legal services organization that counsels non-profit companies in the areas of affordable-housing development, community revitalization, and non-profit governance. While there, she assisted an award-winning effort to preserve affordable housing in Pittsburgh using HUD Neighborhood Stabilization funds.

Prior to entering the legal profession, Monica worked in fundraising at a local nonprofit that engaged in affordable-housing development and provided supportive services to homeless families. Her non-legal work has given her a unique perspective on the business needs and concerns that clients have, and continues to inform her practice.

Author, “COVID-19 Considerations for Act 135 Participants,” April 14, 2020

Author, “Pennsylvania Issues New Guidance Regarding Essential Businesses,” March 26, 2020

Author, “Conservatorship Act Is Pa.’s Best Property Restoration Tool,” Law360, March 24, 2020

Author, “Alert – New Jersey Announces Shutdown of All Non-Essential Retail Businesses,” March 21, 2020

Author, “Alert: The Force Du Jour: Coronavirus and Force Majeure Clauses,” Litigation Alert, March 9, 2020

Mentioned, “Memorabilia Sellers Dodge NFL Agent’s Poaching Claims,” Law360, September 9, 2019

Author, “Alert: Pennsylvania Superior Court Clarifies “Legally Occupied” Under the Abandoned and Blighted Property Conservatorship Act,” Litigation Alert, April 18, 2019

Author, “Dismissal of a Complaint Due to an Arbitration Clause Does Not Toll the Statute of Limitations,” Litigation Alert, March 28, 2019

Author, “Local Exceptions in CAFA for In-State Class Actions,” Law360, January 26, 2014)

Author, 2015 ABA Annual Review of Developments in Business & Corporate Litigation, Criminal & Enforcement Litigation chapter, 2015

Author, 2014 ABA Annual Review of Developments in Business & Corporate Litigation, Criminal & Enforcement Litigation chapter

Author, 2013 ABA Annual Review of Developments in Business & Corporate Litigation, Criminal & Enforcement Litigation chapter

Author, 2012 ABA Annual Review of Developments in Business & Corporate Litigation, Criminal & Enforcement Litigation chapter

Author, “An Uncertain Regulatory Future for Prepaid Cards,” Banking & Financial Services Policy Report, Vol. 31, No. 7, July 2012

Author, “2011 Sees Focus on Whistleblowing and Dodd-Frank Claims,” Business Law Today, January 23, 2012.

• Represented former CEO and Vice President of online-payments platform at trial in the Delaware Court of Chancery against claims of fraud and breaches of representations and warranties relating to the sale of a company.
• Represented at trial a national retailer in a dispute alleging breach of a commercial lease.
• Represented a private mortgage insurer in multiple putative consumer protection class action lawsuits brought under the Real Estate Settlement Procedures Act (RESPA), obtaining dismissal in each either at the pleading stage or on motions for summary judgment.
• Part of a team representing two national railroads against several toxic tort class and individual actions alleging injuries arising from a train chemical car derailment. Multiple claims were dismissed at summary judgment and those that proceeded obtained nominal damages at trial.
• Represented group of internet-based businesses in a series of class actions alleging violations of New Jersey’s consumer protection laws, all of which were voluntarily dismissed after briefing on motions to dismiss.
• Obtained dismissal, affirmed by the Pennsylvania Superior Court, of class action against aggregator that acted as intermediary with respect to landowners’ oil and gas leases with energy companies, alleging breach of contract, unauthorized practice of law, violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL), violation of the Pennsylvania Securities Act of 1972, breach of fiduciary duty, and unjust enrichment/disgorgement.
• Represented national franchisee of fast-food chains in defense of discrimination claims by customers. Obtained dismissal on preliminary objections, which was affirmed by the Pennsylvania Superior Court.

Pro Bono Experience:

• Part of a team that represented newspapers in a case alleging First Amendment violations in the execution procedures of the Pennsylvania Department of Corrections (DOC). We obtained an injunction requiring the DOC to make the entirety of lethal injection executions visible and audible to the members of the public and the press selected to witness them. The court found, as a matter of first impression in the Third Circuit, that the public and press have a First Amendment right to witness the entirety of executions.
• Part of a team that successfully obtained habeas corpus relief for a client that was repeatedly and vindictively denied parole after having been acquitted on murder charges at trial.
• Served as child advocate in dependency, termination of parental rights, and adoption proceedings.
• Obtained favorable settlement for inmate alleging excessive use of force in action brought under 28 U.S.C. § 1983.