REAL ESTATE
SUMMARY: As a real estate/land use counsel to owners, developers and lenders: he has effected acquisitions, sales and loans, ranging from single family, condominium and apartment projects to office parks, hotels, golf communities and unimproved industrial tracts.
- Representative Projects:
- 2000 acre, 6700 unit, mixed use resort (Tampa Bay area).
- Project loans for residential developments (Statewide).
- Representation for all aspects of the acquisition and development of a 2000 acre residential resort/golf and marina project (Corpus Christi, Texas).
- Acquisition of a City’s primary mixed use, waterfront redevelopment (Boynton Beach).
- Successfully closing a $30 million construction loan for a 395-unit development on top of a 6-story shell abandoned for 8 years, involv¬ing a land-swap, numerous complex title problems, and 14 law firms. (Brickell Key).
- Closed purchase of vital commercial tract for Island operations (Fisher Island).
- Issuance of hundreds of millions of dollars in title insurance.
- Simultaneously closing a 400-acre Central Florida purchase involving seven separate parcels, tax-free exchanges, and options (Osceola).
- Acquisition of major residential and golf course development (Orlando).
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CONSTRUCTION
SUMMARY: As a construction attorney: counsel on local and international projects, ranging from $100,000 to Seven Hundred Million ($700,000,000) Dollars, including residential and commercial, power plants, schools, race tracks, and water/sewer; as well as the prosecution and defense of numerous construction claims.
- Representative Projects:
- Representation of general contractors in a myriad of contract and construction defect matters.
- Successful negotiation of over $100 Million Dollars in Airport expansion projects.
- Representation of multi-national construction company in complex $90 Million Dollar project securitization in the Dominican Republic.
- Contractor/Developer representation for $700 Million Dollar Resource Recovery Facility Contractor representation for infrastructure development of major residential projects.
- Providing project and dispute representation for numerous local and international construction firms.
- Counsel to the major benefactor providing construction of a $150 Million Dollar performing arts center (Miami Beach).
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Litigation
SUMMARY: As a trial lawyer, he has successfully pursued and defended a wide range of substantial cases, has handled cases of first impression and made "new law."
- Representative Cases:
- Obtained a multimillion dollar class action settlement in a federal securities fraud case.
- Secured a multimillion dollar judgment in a landlord/tenant dispute involving the sale and resale of a major bank headquarters.
- Accomplished multi-million dollar dealer reinstatements and damages in Federal anti-trust actions.
- Probate litigation over a large family fortune, including claims of undue influence, lack of mental capacity, and attempted removal of a Personal Representative.
- Achieved an unprecedented injunction against federal suspension of bank directors.
- Obtained the first known due process-based injunction against enforcement of Florida mechanic’s lien law.
- Won a landmark Final Summary Judgment exonerating a contractor from liability to third parties, once its work was accepted, and the owner had reasonable means to discover alleged defects in the contractor's work (Broward County).
- Represented famed resort community in intensive multi-year dispute over development rights, community management and operations of luxury private club.
- Secured the first ruling concerning a private right of action under the N.Y. Stock Exchange "Know Your Customer" rule.
- Prosecuted bid litigation resulting in award of the State’s largest solid waste contract.
- Achieved an accounting malpractice settlement in excess of $1 Million Dollars on behalf of Bank Trustees against a major international accounting firm.
- Obtained a Specific Performance Order for a $4 Million Dollar house sale and retained clients' right to seek multi-million dollar damages (Sarasota).
- Succeeded in obtaining summary judgment in defense of class representative in multi-year $600 Million Dollar commercial tort claim.
- Won summary Judgment determining right to acquire site in four year litigation involving three purchasers, option rights and simultaneous closings.
- Defended successfully multi-million dollar construction claim (Charlotte County).
- Settled a $7 Million Dollar commercial mortgage foreclosure, without penalty or fee, enabling the client to complete pending sale and receive in excess of $1 Million Dollars.
- Achieved commercial and agricultural exemptions from real estate taxes, as large as nearly $400 million.
- Avoided production of confidential customer information required of other vendors in intensive Federal Court trademark infringement litigation.
- Resolved $150 Million Dollar tax assessment and penalty claim for $25 Million Dollars.
- Settled Multi-jurisdictional claims in Federal and State Courts settled for in excess of clients’ original total claim.
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Corporate / Securities
SUMMARY: Corporate counsel to a myriad of businesses: involved in the full range of contractual and financing transactions, including institutional joint ventures, loan workouts, mergers and private placements.
- Representative Transactions:
- Special counsel in closing of $175 Million bank sale.
- Representing public and private companies in private placement transactions of equity and debt.
- Closings for two resource recovery projects in Broward County involving costs in excess of $800 million and consummating over five years of effort.
- General Corporate Counsel to $500 Million Dollar community bank.
- Closing a $30 million cash sale of a Dade County manufacturer, an "LBO" with national underwriters.
- Sale of major Florida managed care centers and merger involving a regional contract medical group.
- Corporate Counsel to $35 Million Dollar construction company (South Florida).
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Public / Private Partnerships
- Representative Projects:
- Representation of numerous private contractors in entering into public/private partnerships.
- Operator and contractor for Broward's $700 Million Dollar resource recovery plants.
- Operator of multi-year telecommunications equipment and service at Miami International Airport.
- Vendor for largest disposal contract in the United States.
- Developer of Center City Apartment Project to spearhead Miami downtown redevelopment.
- Developer of proposed $50 Million Dollar hotel/apartment project and redevelopment of County owned PGA golf courses.
- Contractor of Homestead Motorsport and Race Track Complex.
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Land Use / Environmental
SUMMARY: In land use and environmental matters: he has handled a wide range of local and regional issues, including zoning, permitting, vested rights, wetlands, landfills and air quality.
- Representative Projects:
- State DRI Approval of 2000 acre planned community of 6700 unit golf course resort and commercial development (Pasco County).
- Counsel to residents and Club members of highly publicized luxury Island community concerning Covenants and land use (Miami-Dade County).
- Approval of the tallest structure in Downtown Sarasota in a hotly contested matter (City of Sarasota).
- Obtain first U.S. Corps of Engineers permit for a major project within wetlands located in the sensitive East Everglades Basin (Dade County).
- Exemption from moratorium and extension of development rights for a 136 unit lakefront development (City of Doral).
- Achieving numerous vested rights determinations, including for a 1,700-unit project in Lee County (Ft. Myers).
- Amendment to the Comprehensive Land Use Plan upgrading designated use of property from Rural to Medium Density Residential (Marion County).
- Environmental permitting hearings for $700 million Resource Recovery Facilities (Broward County).
- Completing the largest annexation for a development of regional impact (Cooper City, Florida).
- Obtain unanimous County Commission approval for rezoning, doubling the number of permitted units for the last parcel in a Planned Unit Development (Sarasota County).
- Approval of major expansion of oceanfront hotel (Key Biscayne, Florida).
- Achievement of unanimous approval of hotel zoning in prime residential area, overcoming intense, organized neighborhood opposition (Kendall; Dade County).
- Grant of rezoning for major expansion of regional hospital (West Dade County).
- Approval allowing redevelopment of luxury hotel property (North Miami Beach).
- State/City settlement agreement for environmental violations at prior municipal dump site (Virginia Key).
- Special Land Use counsel for major Brickell Avenue luxury high-rise (Miami).
- Achieving Dade County approval of a proposed $50 Million dollar hotel/apartment project on County-owned PGA golf courses (Doral, FL).
- Defeat of proposed Ordinance increasing Gulf set-back requirements (Long Boat Key).
- Hurricane Andrew Debris Disposal Contract.
- Representation of interests of PRPs in a major Florida landfill hazardous waste matter.
- Successful defense of numerous environmental Notice of Violation proceedings (Dade and Broward Counties).
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Governmental / Administrative
(Non Environmental / Land Use)
SUMMARY: Governmental and administrative experience includes: over $1 Billion Dollars in contracts - - varying from telecom, professional services, debris disposal and retail procurements to schools, airport runways, race tracks, water/sewer construction, hospital expansion, highway improvements, major power plants and public/private developments. Successful services include numerous bid protests.
- Representative Projects:
- Representation of successful bidder in contested $100 million Miami International Airport runway project award.
- Counsel to winning vendor for largest disposal contract in the United States in an RFP process (Sarasota County).
- Winning RFP selection of the contractor/operator for Broward's $700 Million Dollar Resource Recovery Plants.
- Representing the successful proposer for construction of Homestead's Motorsport (Grand Prix) and Race Track Complex.
- Renegotiation of the highly publicized and intensely contested multi-year telecommunications equipment and service contract for Miami International Airport.
- Negotiation of $125 Million reduction in property tax assessment risk exposure (Broward).
- Successfully prosecuted a protest against recommended Port of Miami contract award of administrative trial, highly complex issues of constitutional law, following lengthy voluminous documents and 2000 pages of testimony.
- Approval of Center City Apartment Project to spearhead Miami downtown redevelopment.
- Led the successful defense of a bid protest to uphold a City telecommunications service award (Ft. Lauderdale).
- Counsel to successful bidder for Sarasota County telecommunications network (Sarasota).
- Successful defeat of proposed major construction landfill.
- Prevailing in the intensely contested and noted award of the Hurricane Andrew Debris Removal Contract.
- Successfully achieving reversal of development plans on behalf of residents and Club members of Fisher Island.
- Representing a successful proposer for engineering/construction management of Dade's EPA Mandated County-wide sewer system.
- Successful representation of sole winning vendor for a Miami International Airport Retail Program.
- Successfully obtaining and upholding (in bid protest litigation) the award of the largest school construction award in Dade County history.
- Served as legal counsel to Dade County concerning alternative structures for implementation of Miami International Airport Retail Facilities Master Plan.
- Representing the successful proposer for the Metrorail Advertising Contract.
- Analyzing County budget issues resulting in defeat of $60 Million Dollar annual proposed tax in Dade County.
- Winning numerous bid protests: uphold recommended contract awards for Miami International Airport construction contracts; reverse Staff recommendations and to cause selection of a leading national firm as a County-approved bond underwriter; win a $9 Million Dollar a year County copying contract; defeating a protest regarding the County contaminated materials removal contract; prevailing in respect to Dade's General Aviation Airport Lighting.
- Accomplishing approval of intensely debated hurricane wind impact standards in Dade, Broward and Palm Beach counties.
- Representing the winning bidder for Dade's investigative services.
- Achieving Dade County approval of a proposed $50 Million dollar hotel/apartment project on County-owned PGA golf courses.
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ARBITRATION / MEDIATION
SUMMARY: Mr. Shapo has served as an arbitrator, mediator and counsel in a wide variety of matters, such as contract, lender liability and real estate issues.
- Representative Areas & Cases:
- Florida Certified Circuit Court Mediator.
- Member of the Panel of Neutral Arbitrators for the American Arbitration Association.
- Arbitrator of complex or sensitive commercial disputes, including an arbitration of tens of millions of dollars of contract adjustments involving protracted and complex issues between a private operator and 23 Massachusetts communities.
- Successfully mediated settlement of years of litigation between high profile owners and the developer of one of Miami-Dade's famed high-end luxury condominium projects.
- Obtaining a multi-million dollar "change order" arbitration award in a dispute between the contractor and local government.
- Arbitrator in a multi-million dollar contract damage claim against the Puerto Rican Telephone Utility.
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