Shapiro, Lifschitz & Schram

“They get it – they have an ability to really capture what you are trying to accomplish.”

Robert G. Hisaoka – President, RRR, LLC

“Ten Steps to Keep Your Clients Out of Court,” ACC Docket

In an article published in the May issue of the Association of Corporate Counsel’s ACC Docket, national engineering firm Simpson Gumpertz & Heger Inc.’s Beverly Tompkins, along with our attorneys Judah Lifschitz and Laura Fraher provide tips for avoiding litigation, such as mitigating risks through contractual provisions. “Litigation often can be discouraged by contractual provisions that predetermine the scope of liability or shift the risk of pursuing litigation, such as requiring one party to pay the others’ fees and costs,” they write. “Cure provisions, indemnity and hold harmless provisions, exculpatory provisions, liquidated damages provisions, and provisions that either waive or limit a party’s liability for certain types of damages (i.e., a consequential damage waiver) or for certain actions (i.e., a waiver of liability for negligent acts) or limitation of liability provisions can all serve to limit or eliminate a party’s liability.”

 

Additionally, the authors encourage legal departments to establish preventive measures. This includes having a risk management program in place that promotes early detection and resolution of a potential legal problem. “Depending on the industry, internal controls and training on avoiding litigation can also help mitigate risk for small uninsured firms,” they say. The authors also stress the importance of strategy when avoiding litigation. “Dispute resolution is like a game of chess. To be successful, you must see the entire board, anticipate your adversary’s approach, and plan your moves. As soon as a dispute arises, conduct a big-picture evaluation of your issues and develop a strategy to get from beginning to end.” For the full article, click here.

Did You Know . . .

Members of the SLS trial group have tried in excess of 50 jury trials and 75 bench trials?

The SLS construction group has worked on sports stadiums across the country including Orioles Park in Baltimore and Paul Brown Stadium in Cincinnati?

The SLS construction group has worked on power plant projects across the country?

In 2007 SLS was selected for an Honorable Mention as one of the Best Places To Work in Washington DC?

Ron Shapiro, Steve Schram and Judd Lifschitz have all been selected as SuperLawyers by Law and Politics?

The SLS office building is an historic townhouse constructed in the late 1800s?

SLS has been selected by Martindale-Hubbell as a Preeminent Law Firm?

SLS trial lawyers have argued appeals in the U.S. Circuit Courts of Appeal for the 4th, 5th, 9th, D.C. and Federal Circuit?

SLS trial lawyers have been lead trial counsel in cases in Arizona, California, District of Columbia, Florida, Louisiana, Maryland, New Jersey, New York, North Carolina, Oregon, Texas, and Virginia, - to name just a few?

Virtually all the cases that SLS trial lawyers mediated have been favorably settled at mediation?

The transactional group at SLS was lead counsel on one of the largest, most complex mixed-use projects in downtown Washington, DC involving 4 lenders and 6 property owners?

In appreciation for the outstanding efforts of each of its employees during 2007, SLS gave everyone (attorneys, paralegals, and staff) a 4 day/3 night expense paid trip to Key West, Florida?

The transactional group at SLS has represented tenants in more than 200 retail leases in the Mid-Atlantic region?

Every attorney in the transactional group at SLS has at least 15 years experience?

The transactional group at SLS has represented developers in the purchase, construction, financing and/or sale of more than 75 multi-family apartment projects?

The transactional group at SLS has represented real estate investors and developers with respect to property in Pennsylvania, West Virginia, Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Texas, Tennessee, Michigan and the U.S. Virginia Islands?

Attorneys in the transactional group at SLS have represented eight national banks in commercial real estate loans?

Attorneys in the transactional group at SLS have represented the FDIC, the Resolution Trust Corporation and several banking institutions in loan workout transactions throughout the Mid-Atlantic region?

The transactional group at SLS has represented homebuilders and commercial real estate developers in work-outs of individual loans and also for work-outs of large portfolios involving dozens of properties in several states?

The trial lawyers of SLS have numerous reported decisions to their credit?