Overview
Dave Audley is a partner in the Banking and Financial Services Department and the Practice Group Leader of the Litigation Group. He has been practicing law since 1985 when he joined Chapman and Cutler LLP. He concentrates his practice in the commercial litigation area, particularly litigation involving creditor/debtor work, bankruptcy law, securitization and securities fraud issues, government finance and tax, and banking law.
Dave’s recent governmental assignments have involved serving as Special Assistant State’s Attorney for numerous Counties in Illinois, providing litigation representation in various civil matters involving finance and tax issues. He has practiced and submitted legal memoranda before the Illinois and United States Supreme Courts and various federal Courts of Appeals, and prosecuted one of the ten largest civil Racketeer Influenced and Corrupt Organizations (“RICO”) Act damage awards ever rendered by a jury in the United States. Dave's professional activities have included presentations to the bar associations on litigation related matters, instruction of civil procedure courses, and periodically conducting in-house seminars on various litigation topics.
Representative Matters
- Representation of a major religious organization against SEC charges of securities fraud
- Representation of $1 billion U.S. arm of Japanese investment firm in securitization litigation
- Representation of major Chicago bank on numerous multi-million dollar credits outside of and in bankruptcy
- Representation of minority shareholders in litigation resulting in precedent-setting multi-million dollar trial court judgment in favor of minority shareholders
- Special trial counsel to court-appointed Bankruptcy Trustee in multi-million dollar adversary proceeding
Practice Focus
- Special Situations and Restructuring
- Commercial Litigation and Alternative Dispute Resolution
- Securities Litigation and Arbitration
- Corporate Counseling
- Fiduciary Litigation
- Bank Defense
- Commercial Foreclosure and Real Estate Litigation
- Corporate Trust and Agency Services
- Employment Law
- Israel Practice
- Real Estate Finance
- Restructuring and Bankruptcy
Admitted
Illinois
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for Massachusetts
U.S. District Court, Northern District of Illinois
U.S. District Court, Southern District of Indiana
Education
University of Wisconsin Law School, J.D., cum laude, 1985
University of Wisconsin - Madison, B.S., Philosophy/Political Science, 1982
Notable Engagements
All Year Holdings Bond RestructuringChapman served as US counsel to the indenture trustee in the successful consummation of the Chapter 11 Plan of Reorganization for All Year Holdings Ltd., a British Virgin Islands company whose US subsidiaries were engaged in the acquisition and development of real estate projects located in New York.
All Year Holdings Limited Bond Restructuring: Sale of William Vale HotelChapman served as US counsel to Mishmeret Trust Company Limited, as trustee for the approximately $180 million of Series C Bonds issued by All Year Holdings Limited and Asaf Ravid, as Plan Administrator for All Year Holding’s Wind Down Co, in the successful sale of the iconic William Vale Hotel in Williamsburg, New York for $177 million.
Insights
Publications
- Co-Author, "The Impact of COVID-19 on Pending and Newly Scheduled Court Hearings," Client Alert. March 19, 2020.
- Co-Author, "Recent Noteworthy Securitization Case: In re Doctors Hospital of Hyde Park, Inc. 2013 WL 5524696 (Bankr. N.D. III. 2013)," Client Alert. October 23, 2013.
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Co-Author, "The Case of Missing or Incomplete Documents in CMBS Transactions, a Legal Perspective," Real Estate Finance Journal. Spring 2001.