Attorney Profiles: David T. Shivas

Introduction

 

David is a partner in the firm and works in these areas of the law on litigation and transactional matters.



Practice Areas

 

 

Mr. Shivas is a partner with experience in a broad variety of practice areas. Mr. Shivas’s litigation practice is focused on business litigation involving disputes arising from contracts, employment, real estate, construction, corporate governance and consumer fraud. Through his 11 years of practicing at large firms prior to joining Bell, Shivas & Fasolo, P.C., Mr. Shivas has gained significant trial experience in state and federal courts in New Jersey and New York. Among the cases he has tried are probate matters involving wills and trusts, real estate and land use disputes, employment claims involving discrimination, complex commercial disputes relating to corporate governance and other business issues. He also has argued several appeals in the Appellate Division of New Jersey Superior Court.

Mr. Shivas represents construction clients in a wide array of matters from negotiating and drafting contracts and subcontracts for public and private jobs to litigating construction liens and other issues in the context of construction projects. He has successfully represented clients in complex multi-party construction cases involving claims for breach of contract, delay damages and professional negligence both in Court and in arbitration.

Mr. Shivas works with small businesses and individuals in a variety of consumer fraud cases including home improvement contractor cases, deceptive sales practices and other violations of consumer fraud regulations. He regularly counsels small business clients on ways to avoid consumer fraud liability. Mr. Shivas has written articles and delivered seminars on the many issues facing small businesses under the New Jersey Consumer Fraud Act.

In his criminal defense practice, Mr. Shivas has represented clients in Federal prosecutions, including clients indicted for embezzlement, conspiracy, insider trading, and other financial crimes. Mr. Shivas also regularly defends clients in State and municipal courts for various criminal charges and offenses.

In corporate law matters, Mr. Shivas drafts contracts and employment agreements, assists clients in effectuating loans and other transfers and counsels clients as to setting up or modifying the legal structure of their businesses. He also represents clients in matters involving professional licensing and regulations, and filings for corporations, partnerships and limited liability companies.

Mr. Shivas has been selected to the list of Super Lawyers for numerous years. [footnote]

Mr. Shivas, a lifelong resident of Morris County, is also active in his local community. While at Emory University School of Law, Mr. Shivas interned for the Honorable J.D. Smith of the Georgia Court of Appeals. He also worked as an intern at the legal department of Coca Cola, Inc. at corporate headquarters in Atlanta.



Memberships

 

  • Member of several chambers of commerce
  • Secretary of the Board of Directors of Rockaway Township Little League
  • Shivas is also a Barrister of the John C. Lifland American Inn of Court



Representative Matters

 

Represented a client in a successful action against a former employee relating to breach of a restrictive covenant and tortious interference. Obtained a judgment of more than $300,000 in favor of the client.

Represented residential homeowners in a consumer fraud case against a home improvement contractor resulting in an award of more than $150,000 in damages and attorneys’ fees.

Represented a small business client relating to a complex dispute with a large national insurance company where the client alleged fraud and breach of contract. Successfully negotiated a substantial settlement.

Negotiated and drafted a subcontract for client as a subcontractor on a $3,000,000 project involving a public entity.

Successfully resolved a matter involving a client who was charged more than $50,000 for alleged amounts due relating to workers’ compensation insurance. Obtained an outcome whereby the client owed no amount.

Represented a client in a dispute involving a trust in which the client was awarded property held in the trust and the adverse party was removed as a trustee.

Represented client at trial in a dispute involving his claim as a joint owner of 55 acres of property located in Middlesex County. Obtained a judgment for breach of contract and unjust enrichment awarding client partial ownership of the property.

Obtained a settlement for a client against a large employer for claims of age and gender discrimination, which resulted in the client obtaining severance pay.

A description of the standard or methodology on which the accolades are based can be found HERE. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

 

Email Mr. Shivas at ???????????????

 

 

Education

Emory University School of Law, J.D., 2001 (with honors)

Colby College, B.A., 1998 (magna cum laude) (History and English)

 

Admissions
  • New Jersey (2001)
  • New York (2002)
  • United States District Court for the District of New Jersey (2001)
  • United States District Court for the Southern District of New York (2013)

 


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