Litigation can be costly and unpredictable. As a result, reasonable parties will often settle their differences in a manner that appropriately addresses their litigation risk. However, no dispute will ever settle unless both sides wish to make the effort, that is, it takes two to tango. Litigation may be necessary against a party who does not view its litigation risk as outweighing its settlement cost.
Mr. Macauley has consistently delivered successful litigation results when his clients have been forced to seek a decision from a court. Some examples are listed below.
- In re Dan River Holdings LLC (U.S. Bankruptcy Court for the District of Delaware)
- Sassano v. CIBC World Markets Corp. (Court of Chancery for the State of Delaware)
- In re Northwest Airlines (U.S. Bankruptcy Court for the Southern District of New York)
- PHP Liquidating, LLC v. Robbins et al. (U.S. Court of Appeals for the Third Circuit)
- Dynamerica Manufacturing, LLC v. Johnson Oil Co. (U.S. Bankruptcy Court for the District of Delaware)
- Official Committee of Unsecured Creditors v. Aust (U.S. Bankruptcy Court for the District of Delaware)