Simon, Peragine, Smith & Redfearn’s bankruptcy attorneys advise creditors on issues and strategies related to bankruptcy proceedings. The firm defends clients in preference and fraudulent conveyance actions brought by trustees and creditors’ committees. Additionally, the firm counsels clients on strategies and options related to the negotiation of plans of reorganization and the plan confirmation process.

Simon, Peragine, Smith & Redfearn represents diverse clients in complex commercial litigation. The firm has a history of representation in anti-trust lawsuits, securities matters, and oil and gas contract and lease disputes. The diversity of our practice and the varied expertise of our lawyers means that we are able to represent clients in large commercial matters with a high degree of sophistication and efficiency. With this comes the knowledge of how to handle class action suits. The firm has represented clients in class actions concerning product liability, environmental and toxic torts (including silica and asbestos exposure cases), student loan guaranty disputes, claims on behalf of pension holders, and oil and gas royalty disputes.

Simon, Peragine, Smith & Redfearn represents developers, landlords, purchasers, tenants, lenders, and individual and corporate landowners in transactions and litigation involving real estate, leases, property management, and other related matters.

As part of its real estate practice, the firm negotiates and documents complex real estate transactions, including sales, purchases, leases, condominium conversions, refinancing and restructuring of commercial, residential, and other properties. Our attorneys are experienced in all phases of negotiation and documentation of commercial real estate leases, including offices, medical facilities, shopping centers, and free-standing buildings. The firm handles title matters and facilitates the issuance of title insurance.

In addition, the firm represents corporate and individual clients in litigation involving environmental remediation issues, foreclosure, landlord-tenant disputes, lease disputes, property management issues, title insurance matters, and redhibition actions.

Simon, Peragine, Smith & Redfearn has a history of representation in the construction industry. Our clients include contractors, owners, sureties, design professionals, and their insurers. The firm has had the privilege of advising and litigating on behalf of clients who build hospitals, highways, industrial facilities, condominiums, hotels, parking garages, airports, casinos, and convention centers.

Often, representation begins at the time of contract negotiations and continues through post-completion claims. We customarily provide counsel in negotiating and drafting construction and design-build contracts. During the contract negotiation phase of a project, our principal goal is to protect our client’s interests and to help minimize any risk of liability during the construction process.

In the event litigation becomes unavoidable, our goal is to provide competent and cost-effective representation to resolve our client’s claims and potential liabilities in an expedited manner. Our firm has had the opportunity to represent clients in litigation involving a wide range of issues, including: bid disputes, construction defect claims, delay and disruption claims, acceleration and inefficiency claims, Eichlaey claims, design defect claims, liens and privileges, warranty claims, mold claims, federal procurement issues, EIFS claims, professional errors and omissions claims, wrongful termination claims, critical path scheduling issues, administrative licensing hearings, and minority and   women business enterprise issues.

Led by H. Bruce Shreves, the firm’s construction practice group has been involved in many of the seminal construction law cases in Louisiana. Through active participation in local and national construction groups, our attorneys remain informed of current legal developments and trends affecting the construction industry. Our attorneys are frequent lecturers at local and national construction related seminars. Moreover, we have published numerous articles and publications relating to the construction industry, including the Louisiana Construction Law Handbook.

Simon, Peragine, Smith & Redfearn provides counsel to its individual and corporate clients regarding a wide-range of employment issues. In litigation, the firm represents clients in both federal and state administrative and court proceedings concerning wrongful termination, sexual harassment, discrimination, and other crucial employment issues. Also, to help minimize our clients’ exposure to employment-related liability, our attorneys draft  employee handbooks and manuals tailored to the clients’ needs, and conduct seminars regarding employment laws.

Simon, Peragine, Smith & Redfearn has a long history of involvement in energy related litigation and transactions. In these matters, the firm represents interstate pipeline companies, independent producers, landowners, and financial institutions.

The firm has litigated contract disputes arising out of gas purchase and sales agreements, leases, farm out agreements, joint operating agreements, drilling contracts, servitudes, transportation agreements, and other related oil and gas contracts. In addition, the firm has represented its oil and gas clients in lawsuits concerning property damage claims, personal injury claims, and environmental claims.

The firm’s transactional  practice includes the representation of clients that are purchasing or selling interests in producing properties or involved in mergers or acquisitions with other oil and gas companies. We have also represented clients in financing the purchase of oil and gas properties and similar financing arrangements. In connection with transactional work, the firm routinely renders drill site opinions, division order title opinions, and financing and acquisition title opinions.

Unique and complex issues must be addressed in a regulated industry; therefore, the firm provides advice and counsel to clients with regard to regulatory requirements that may affect oil and gas operations and transactions. Our attorneys are prepared not only to represent oil and gas clients in any court, but also before the many regulatory and administrative agencies impacting the industry.

Simon, Peragine, Smith & Redfearn has a rich history of representation in environmental/toxic tort litigation. In this practice, we have had the privilege of advising and representing developers, owners, construction firms, lenders, lessees, and industrial clients from the energy, chemical, oil and gas, and consumer product sectors.

In environmental litigation, the firm has defended private entities against government enforcement actions for site clean-up, and has handled private cost recovery cases in which one private party sues another for clean-up costs. Also, our attorneys have represented clients in challenging agency rule making, as well as administrative enforcement actions against individual parties.

In transactional matters, the firm provides competent counseling on matters related to the structure of business transactions, and we continue to advise clients on investigation, pollution, and remediation issues (which most often involve asbestos, silica, lead paint, radon, and other naturally occurring radioactive materials). The firm further provides advice to clients concerning compliance issues, such as those concerning the transfer of environmental permits. Incorporated into our transactional practice is the guidance we provide clients on proper due diligence, Brownfields redevelopment, financial and other tax incentives, the means for insuring against liabilities, and preparing warranties, indemnifications, and other contractual provisions to better allocate environmental risks among parties.

In regulatory matters, the firm provides counsel on federal and state environmental compliance issues. Our attorneys are well acquainted with the issues that arise out of the federal and state environmental statutes and regulations, including the Clear Air Act (CAA), Clean Water Act  (CWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and National Environmental Policy Act (NEPA).

Simon, Peragine, Smith & Redfearn has a reputation for providing competent representation in fidelity and surety matters. Our attorneys are experienced in the preparation of UCC filings, take over agreements, contracts, release of lien bonds, appeal bonds, material bonds, and notarial bonds. Further, our attorneys are experienced in the handling of payment and performance bond claims, bond buyouts, indemnity actions, bankruptcy related issues, public works claims, private works claims, and Miller Act claims.

The firm’s attorneys who are active in the area of surety law are also active participants in many surety-related associations, such as the Fidelity & Surety Section of the American Bar Association, DRI Surety Committee, National Bond Claims Institute, Surety Claims Institute, and the Louisiana Surety Association.

Simon, Peragine, Smith & Redfearn provides both individuals and businesses with a wide range of services involving commercial transactions and litigation, tax advice, planning, and representation. Among other things, the firm advises and represents individuals, partnerships, limited liability companies, and corporations regarding the following:

• Choice, structure, formation, operation, and valuations of business and nonprofit entities;
• Restructuring transactions, including mergers, asset and stock acquisitions, reformation, dissolution, and liquidations;
• Dispute resolution, transfers of ownership , and business planning for business owners;
• Tax controversies at the federal, state, and local levels; and
• General tax strategies and planning for business entities and owners in a wide range of business activities, including oil and gas, real estate, construction, and nonprofit.

Since its founding, SPS&R has had continued involvement in the maritime industry, providing all types of maritime and offshore related legal services, many of which involve the representation of clients in federal and state court litigation, various marine related federal agencies and in arbitration.

Maritime and Offshore Claims:

SPS&R handles personal injury, wrongful death and property damage claims arising from marine accidents occurring on the waterways of the United States and the States of Louisiana, Texas, Mississippi and Alabama.

Marine Insurance:

SPS&R is involved in coverage analysis, counseling and litigation involving all types of marine insurance contracts from hull and cargo to protection and indemnity and maritime employers risks of all kinds.

Environmental:

As part of its overall environmental practice, SPS&R has experience in the Oil Field Pollution Act of 1990 and other state and environmental laws affecting the maritime industry.

Simon, Peragine, Smith & Redfearn has had the privilege of advising and litigating on behalf of professionals such as accountants, engineers, designers, notaries, and directors and officers of financial institutions and other companies. The firm is particularly sensitive to the unique issues  often involved in professional liability cases, and takes great care to handle these matters privately and confidentially to the greatest extent possible.

Beyond litigation, the firm has drafted legislation on behalf of professional accountant associations. This legislation, which deals with scope of duty, prescriptive period (statute of limitations), pre-suit review panels, and limited access to confidential information, has had the effect of reducing claims and assisting in quick and efficient resolution of disputes.

At Simon, Peragine, Smith & Redfearn, many of the firm's litigation attorneys are engaged in an active tort and insurance practice, representing corporate, governmental, and insurance clients.  Our tort and insurance clients range from individuals and small businesses to Fortune 500 companies, domestic and foreign insurers, as well as third party administrators.

We believe that to provide quality legal services, it is essential that we work with our clients to identify their goals and expectations to chart a course which will most efficiently and effectively achieve a satisfactory resolution of claims.  From providing counsel and advice to clients in managing risk and minimizing exposure, to zealous representation through all phases of litigation, our team is dedicated to providing superior, cost effective service.  Our attorneys and staff are proficient in the current technology utilized to stream-line communications and billing.  We respect our clients' need for timely and concise reporting and evaluations, and strive to maintain a friendly but professional working relationship with others who service our clients needs.  Our seasons, skilled litigators share their experience and talent with our younger attorneys who are trained in all facets of litigation, commencing at the outset of their association with the firm.

The firm is regularly engaged in the representation of clients in the following tort and insurance matters:

• Class action litigation;

• Employment practices liability and worker's compensation;

• Insurance coverage and bad faith litigation;

• Mass torts, including toxic torts, catastrophic occurrences, pharmaceutical and environmental hazards;

• Personal injury and property damage litigation, including product liability, trucking and automobile liability, premises liability, municipal liability, telecommunications, maritime, environmental and toxic tort; and

• Professional liability.

At Simon, Peragine, Smith & Redfearn, our attorneys understand the specialized legal environment that affects the transportation community. We are privileged to represent commercial transportation companies that operate across the United States. Our attorneys handle both litigation and commercial matters for the firm's transportation clients.

Simon, Peragine, Smith & Redfearn provides a full range of trust and estate planning and representation services. The firm can provide advice, representation, planning, and implementation regarding the following:

• Wealth transfers through wills, gifts, trusts, and business restructuring;
• Operation and processing of successions, ancillary successions, transfer or probate and nonprobate assets, and related matters at the federal and state levels;
• Representing and advising fiduciaries such as trustees, executors, tutors, custodians, and curators in connection with the performance of their fiduciary duties;
• Drafting and implementation of estate planning documents such as wills, trusts, acts of donation, powers of attorney, and health care powers of attorney, living wills, and stock transfers;
• Dispute resolutions between heirs and legatees;
• Estate and gift tax audit controversies before the Internal Revenue Service and Louisiana Department of Revenue; and
• Advice and planning in connection with current or anticipated physical or mental disabilities.