Overview
Dave Audley is a partner and the Co‑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 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 the $1 billion US arm of a Japanese investment firm in securitization litigation.
- Representation of a major Chicago bank on numerous multimillion-dollar credits outside of and in bankruptcy.
- Representation of minority shareholders in litigation resulting in a precedent-setting multimillion-dollar trial court judgment in favor of minority shareholders.
- Special trial counsel to the court-appointed bankruptcy trustee in a multimillion-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
- Sports Finance
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 the District of Massachusetts
U.S. District Court for the Northern District of Illinois
U.S. District Court for the 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
Insights
Publications
- Co-Author, "Fifth Circuit Rejects Serta Uptier Transaction in Favor of Pro Rata Treatment," Client Alert, January 13, 2025
- Co-Author, "Supreme Court Rejects Non-Consensual Third-Party Releases for Sacklers in Purdue Pharma Bankruptcy, Reversing Second Circuit," Client Alert, July 3, 2024
- Author, "Has a Director’s Duty of Loyalty Been Expanded?" Client Alert, April 18, 2023
- Co-Author, "Fifth Circuit Hands Holders of Bankrupt Ultra Petroleum Unsecured Bonds a Major Make-Whole Victory While Gutting Make-Whole Entitlements in Louisiana, Mississippi and Texas, Ending Years of Speculation and Legal Wrangling," Client Alert, October 31, 2022
- Author, "Independent Directors of Distressed Companies: Considerations for Appointment to the Governing Board," Client Alert, February 22, 2022
- 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
Presentations
- Panelist, "Old Dogs and New (Insolvency) Tricks—Established Insolvency Regimes and New Kids on the Block," Informa Asset Recovery and Insolvency Conference, February 27, 2026