Spach, Capaldi & Waggaman, LLP’s attorneys are committed to securing every advantage for their clients. Our diligence and discipline break through the problems other lawyers miss. Where our clients struggle with perplexing business problems, we bring clarity.
Because of his deep experience documenting transactions, Mr. Spach anticipates problems from the beginning of the dispute through its ultimate disposition, even where a party seeks the protection of the bankruptcy laws.
Madison S. Spach, Jr. is a founding member of the firm. A 35-year litigation veteran, Mr. Spach concentrates on complex and multi-forum business, construction, and real-estate litigation. He has represented owners, developers, lenders, borrowers, guarantors, general contractors, partners, officers, and directors in a wide variety of litigation, bankruptcy, and loan-workout matters, including internal owner disputes and accountings. He often deals with issues arising from accounting procedures and the potential liabilities of accounting firms.
Mr. Spach’s practice involves litigation of complex business disputes of any variety, often in “bet the company” circumstances. These disputes not only involve contract issues, but also proprietary business infringement and unfair competition claims.
In construction related matters, Mr. Spach has represented owners and developers in an extensive range of multi-family, commercial and non-residential construction disputes, including contract issues, consultant issues, delay claims, and contract administration claims.
Mr. Spach has deep experience representing institutional and non-institutional lenders in workouts, both within and outside of bankruptcy proceedings and litigation. Many of his cases involve lender-liability issues, receiverships, and competing creditors’ claims. He has also represented borrowers in workouts and in litigation with their creditors. His experience in documenting commercial loans and post-petition financings, as well as asset disposition settlements, has allowed Mr. Spach to view lender/borrower issues more broadly – and to propose more creative solutions – than the typical business litigator.
Mr. Spach has handled many matters in trial, in both state and federal trial courts, and the state and federal appellate process. He has extensive experience in arbitration and in the judicial enforcement procedures that follow. For several years, Mr. Spach served as a Director of the Orange County Bankruptcy Forum.
Mr. Spach has been a frequent panelist for programs addressing electronic discovery and digital evidence issues and the preservation and production of electronically-stored information.
Mr. Spach is a 1980 graduate of Duke University School of Law. His undergraduate degree is also from Duke (1974), and he received a Masters of Arts from the University of North Carolina at Chapel Hill in Slavic Languages and Literatures (1977).