Philip T. (“Pete”) Evans is a Partner in the firm's Litigation Department resident in the firm's Washington, D.C. office. He has litigated a broad range of commercial disputes in the areas of construction and development, software implementation and systems performance, bankruptcy & creditor’s rights, employment matters, and estates and trusts matters. He also actively counsels private and public companies in commercial and contract disputes, especially in risk and litigation avoidance. Examples of his litigation and counseling experience include the following:
Commercial Litigation Involving Software, Hardware, Systems Integration and Implementation Projects
- represented software developer against claims brought by New Jersey state court receiver for damages arising from alleged failed implementation of custom claims processing solution for health plan maintained by consortium of auto dealers; mounted successful defense based upon lack of contractual privity and contributory actions of employees and consultants associated with consortium
- defended manufacturer of customized health care claims processing system against claims brought by Arizona county health care plan for alleged failures in software design, functionality, implementation, and data integration; formulated defense strategy for multi lawyer defense team which led to successful resolution of case on behalf of insurer and client
- defended software manufacturer in arbitration brought by Maryland purchaser of customized software system for claims of failed design and implementation; successfully presented defense premised upon express language of contract to non-lawyer arbitrator
- represented software manufacturer in drafting and negotiating license and contract termination agreements, source code transfers, and contract amendments for end-users of claims processing software in California, New York, Georgia, Michigan, Pennsylvania and Washington, D.C.
- represented manufacturer of flat panel computer touch screens in federal and state court litigation in claims with customers and suppliers arising out of contract and UCC Article 2 disputes
- defended manufacturer of integrated electronic equipment against warranty and conforming goods claims brought by purchaser in Maryland state court
Commercial Disputes and Business Litigation
- represented broadcaster/station owner in parallel litigation in state court and the Federal Communications Commission concerning contract dispute concerning application for Construction Permit for Digital TV broadcast facility
- represented hotel operator and 50% owner in arbitration dispute with owner of other 50% interest concerning dispute over ownerships continuing obligation to fund improvements to hotel property
- represented consulting firm in response to grand jury subpoenas and congressional investigation concerning accounting and stock fraud perpetrated by national health care rehabilitation provider
- counsel public and private companies on post-closing disputes arising out of Asset and Stock Purchase Agreements including, but not limited to, claims of material misrepresentation, indemnification issues, calculation of earn-out provisions, and employee transfer issues.
- represent national consulting firm in disputes (arbitration and litigation) with clients concerning performance and payment under terms of engagement letters
- represented foreign affiliate of U.S. corporation in action against foreign sovereign for breach of commercial agreement including enforcement of judgment against assets of defendant located in Switzerland, Germany and Turkey
- defend multinational corporation against tortious interference claim arising from employment offer to US based employee
- represent owners, developers, property managers and lenders in various real estate litigation matters brought in Maryland and the District of Columbia
- defend condominium developers against claims arising under under Interstate Land Sales Full Disclosure Act and related state law claims
Construction
- defend sureties and general contractors against Little Miller Act claims brought by sub-contractors
- represent property owners and contractors against claims brought under Maryland's Mechanic's Lien Statute
- defended hotel owner against extra work and delay claims brought by general contractor and sub-contractor on hotel renovation
- counseled project owner in response to scope, delay and impact claims arising from system design as presented by design-build contractor on transportation infrastructure project
- successfully defended owner against $10 million time and cost claim asserted by electrical subcontractor, general contractor and takeover surety arising out of renovation of historic train station
- achieved defense verdict in jury trial on claims brought by bankruptcy trustee against general contractor for alleged non-payment to bankrupt industrial painting subcontractor
Bankruptcy and Creditor’s Rights
- defended numerous preference and avoidance claims brought by Debtors-in-Possession, Trustees, and Liquidating Agents; actively litigated defenses of ordinary course and subsequent new value in Bankruptcy Courts in Maryland, Delaware and District of Columbia
- filed and argued Motions for Relief from the Automatic Stay to allow creditors to pursue foreclosure and replevin actions, and to apply pre-petition security deposits and retainers
- prosecuted Motions to Compel assumption and rejection of executory contracts (including leases of non-residential real property) and payment of post-petition administrative expenses
- represented creditor’s interests under executory contracts and leases, and advised professionals retained under Section 327 of the Bankruptcy Code on issues relating to disinterestedness and compensation
- represent debtors and creditors in collection and post-judgment proceedings
Employment and Personnel Matters
- defended employers against claims for wrongful termination, discrimination (age, gender, and religious accommodation), retaliation, and violation of state whistleblower statutes brought before state and federal courts and agencies
- represented employers and employees in negotiation, interpretation, and enforcement of non-compete and non-solicitation agreements
- counsels public and private companies on employment matters including employment agreements, personnel manuals, termination and severance arrangements, and privacy issues (Fair Credit Reporting Act, Internet and e-mail policies). Coordinates and conducts internal investigations
Trusts and Estates Matters
- defended Personal Representative against claims brought by alleged creditor of estate as time barred under state probate claims statute
- filed petitions to modify provisions in trust agreements on behalf of trustees and beneficiaries
- assist in negotiation of disputes and remedies provisions in pre- and post-nuptial agreements.
- litigated questions of paternity and entitlement in intestate proceedings
- defended Personal Representative against claims of estate mismanagement and breach of fiduciary duty