Shapiro, Lifschitz & Schram

“My team works the way I work.”

Evans Barba – President and CEO, Barba Consulting

Case Study

Multimillion Dollar Jury Verdict in Fraud Case

Our client was one of two principal owners of a closely-held corporation in the building aggregates industry. Following the sale of the corporation on highly profitable terms, several lawsuits were filed alleging claims by our client against the other former owner for breach of fiduciary duty and alleging claims by the other former owner against our client for fraud and self-dealing. We tried the case before a jury for 90 days. The jury returned a verdict for our client for more than $2 million actual damages plus punitive damages and denied all of the claims against our client.

Landmark Decision in Shareholder Derivative Suit

We represented several corporate officers and directors, and partnership managing partners, in a case that combined two shareholder derivative actions and a number of partnership rights actions. Minority shareholders and partners sought more than $200 million in damages for alleged mismanagement and abuse of corporate offices and partnership positions. Separate claims involving transactions over a 30-year period were advanced by the plaintiffs.

Massive Default Termination Case Requiring Development and Usage of State of the Art Systems

We represented the general contractor to the U.S. Navy in a massive default termination case tried before the Armed Services Board of Contract Appeals. Our client, the general contractor on the Trident Training facility in King’s Bay Georgia, was terminated by default by the Navy after completing 85% of the project. In this bet-the-company-litigation the Navy was seeking $25 million in damages from the contractor and the contractor was seeking a like amount from the Navy.

Representation of General Contractor in Complex Construction Lawsuit

We represented the general contractor on the San Diego Naval Hospital project in connection with a complex lawsuit brought by two subcontractors against the structural steel supplier, our client and various sureties in Federal Court in San Diego. The claims included claims of mismanagement, compensable delays and changes. After two years of extensive discovery, we were able on motion for partial summary judgment to obtain the dismissal of a multi-million dollar claim against our client.

Major Arbitration Proceedings Regarding Power Plant Construction

We successfully represented the owner, New Athens Generating Company, LLC, a merchant power company, on a $533 million power plant construction project in upstate New York in a series of complex arbitration proceedings, against the EPC contractor, Bechtel Power Corporation, one of the world's largest power plant construction contractors.

Asset Sale Involving Multiple Automobile Dealerships

We represented the seller in a very large asset sale involving multiple automobile dealerships in the Washington, DC Metropolitan Area. The purchaser was a large publicly held company. The transaction involved significant due diligence efforts, complex transfers of assets and financing arrangements, multiple lease and sublease transactions, a complex transition of operations to the purchasing entity including multiple operating contract assignments, all of which took place over many months.

Forging Alliances to Bring Resolution

We represented a group of individuals that had assembled a large number of marina related parcels with the objective of developing, owning and operating a deep water marina, hotel, office and retail complex in the Florida Keys. We were instrumental in negotiating a very complex joint venture arrangement which brought development expertise to the project, a substantial equity infusion, first mortgage and mezzanine financing, while minimizing the client’s ongoing risks in the project.

Negotiating a Complex Joint Venture Arrangement

We represented a minority owner of a substantial Washington, DC suburban office building complex whose real estate interests were embroiled in a massive legal dispute between several persons who sought control over the office building complex.

Limited Time to Solve Investor Disputes

A client had assembled a large number of real estate parcels in connection with the development of a large-scale mixed-use project involving residential, hotel and retail components. The client had limited time in which to resolve various outstanding disputes that existed among the equity investors to the project. The client also needed to secure equity financing for various project obligations - including a pressing legal judgment that threatened the viability of the project - and the acquisition of several additional parcels to better complete the assemblage.

Bringing Together Appalachian Miners and European Businessmen in a Multi-Million Stock Sale

We represented the seller in a $45 million stock sale involving a large stone quarry operation in West Virginia with additional mineral rights and other assets in suburban Maryland. The purchaser was a multi-national public company. We deftly bridged the considerable culture gap between the Appalachian miners and the European businessmen, and by almost continuous negotiations, were able to hammer out a complex agreement over the Thanksgiving holiday.

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?