Shapiro, Lifschitz & Schram

“There is no one I’d rather go to war with.”

Evans Barba – President and CEO, Barba Consulting

Case Study

Representation of Homebuilder in Successful Work-Out and Restructuring

We represented a regional homebuilder in a successful work-out and restructuring of $60 million in loans from several institutional lenders, secured by properties in Maryland, Virginia, Georgia and Florida. The lenders were not acting in a consortium, and they each had to be persuaded that it was in their best interest to negotiate and compromise, rather than fight to the death. Our client survived the downturn and was in a position to take advantage when the market improved.

Complex Property Development Issue

Through various entities controlled by three generations of family members, a client owned a large tract of property, including a lake, underground caverns, a museum, commercial and industrial property, Civil War battlefield relics, and property zoned for residential development. The property had been acquired over a period of 50 years, with no substantive planning for how development would actually occur.

Simultaneous Purchase of Four Separate Parcels of Real Estate

A customer of a large regional bank had an opportunity to purchase four separate parcels of real estate from a public utility company, located in Maryland and the District of Columbia.

Eastern USA: Litigation, Arbitration, and Mediation

Represented the merchant owner of a combined-cycle plant near Albany, N.Y., faced with $40 million in construction claims. We developed a strategy and assisted the owner in negotiating a settlement and closeout of the project.

Western USA: Litigation, Arbitration, and Mediation

Represented National Energy & Gas Transmission, Inc. (NEGT) against a $20-million claim by a contractor responsible for the water treatment portion of the four-unit, 1,022-megawatt, combined-cycle power plant, La Paloma Generating Facility in California. We defended against the contractor’s claims and represented our client in a mediation, resulting in a settlement found very favorable by NEGT.

Southern USA: Litigation and Mediation

Represented the owner of an activated-carbon plant in Louisiana, in a major dispute over the plant’s design and construction. The owner and the EPC contractor had claims against each other for more than $50 million. As problems arose during the project, we represented the owner and provided legal and strategic advice. After reviewing and analyzing the claims on both sides, we represented the owner in a multisession mediation that resulted in a settlement found very favorable by our client.

Alternative Energies

For a solid-waste energy-conversion pilot plant at Walt Disney World in Florida, we represented the design-build contractor in connection with disputes relating to performance testing and substantial completion. Partly funded by the U.S. Department of Energy and owned by Disney subsidiary Reedy Creek Utilities Co., the plant also was testing the design of a radioactive-waste incinerator for the Idaho National Laboratory. The dispute was settled favorably.

Represent a major owner in the $1-billion construction of several U.S. hydroelectric plants.

Transactions

Hired by a hedge fund to study claims that Florida Utility Energy had against the Enron Corporation, providing the hedge fund with analysis and advice on the claims. Provided analysis and advice on EPC contracts for the construction of new technology facilities.

For a major utility, drafted procurement and EPC contract documents for a multibillion-dollar pipeline construction program.

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?