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David T. Shivas

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Practice Areas

  • Business Litigation
  • Construction Law
  • Corporate Law
  • Real Estate Litigation
  • Business Owner Disputes
  • Employment and Labor Law
  • White Collar Criminal Defense
  • Consumer Fraud
  • Trust and Estate Litigation
  • Condominium Law

Biography

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

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 21 years of practicing at large firms prior to joining Bell, Shivas & Bell, 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 personal injury cases and consumer fraud cases, 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 many 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 handles personal injury and medical malpractices cases. He has successfully resolved many cases involving  significant injuries as a result of negligence including auto accidents, slip and falls and medical negligence. He has represented clients who were injured as a result of negligence in nursing homes and hospitals.

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 several years.

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.

Mr. Shivas has been a coach of Rockaway Township Little League and youth football for the past 11 years. He has also coached the Morris Knolls Junior Eagles Wrestling program for more than 10 years.  

Education

  • Emory University School of Law, Atlanta, Georgia
    • J.D. - 2001
    • Honors: with Honors
    • Major: Member of the International Law Society at Emory University
  • Colby College
    • B.A. - 1998
    • Honors: magna cum laude
    • Major: History and English
  • University of New South Wales, Study Abroad Program, 1997

    Bar Admission

    • New Jersey, 2001
    • New York, 2002
    • U.S. District Court District of New Jersey, 2001
    • U.S. District Court Southern District of New York, 2013

    Professional Associations

    • 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

    Current Employment Position

    • Partner

    Classes & Seminars

    • Presenter, "For Anyone in Sales and Business Owners - Avoiding Business and Personal Liability under the NJ Consumer Fraud Act," Greenbaum, Rowe, Smith & Davis LLP Webinar, June 17, 2010 to Present

    Pro-Bono Activities

    • Secretary of the Board of Directors of Rockaway Township Little League

    Past Positions

    • Honorable J.D. Smith, Chief Judge of the Georgia Court of Appeals, Legal Intern

    Representative Cases

    • Negotiated and drafted a subcontract for client as a subcontractor on a $3,000,000 project involving a public entity.
    • 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.
    • 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 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 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.
    • 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.
    • 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.
    • 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.
    • Obtained a settlement of $475,000 for a former employee who had been harassed during her time working in a warehouse and suffered emotional distress.
    • Successfully arbitrated a dispute regarding a multi-party dispute involving a $6 million construction project and claims for breach of contract and the New Jersey Construction Lien Law.
    • Negotiated a settlement for $85,000 for a cyclist who was hit by a vehicle resulting in lower back injuries.
    • Represented a corporate client in federal court and obtained a judgment for $675,000 for claims based on defendant brokerage firm's misuse of investment funds.
    • Obtained a settlement of $300,000 for a client who suffered lower back injuries requiring surgery as a result a rear-end collision.
    • Settled a whistleblower case on behalf of a client who had worked in a medical facility and who was demoted after she objected to a policy that violated standards in her field of employment.
    • Negotiated the sale of assets of a national medical supply company.
    • Settled a case for $250,000 on behalf of a teenage client who was injured at a trampoline park.
    • Resolved a case for $375,000 on behalf of an elderly client who sustained a head injury when he fell at a nursing facility.
    • Reached a settlement for $180,000 for a client who was wrongfully terminated from his employment as an administrator after he reported wrongdoing by management.
    • Obtained a settlement for a client for $150,000 in a lawsuit against a former business partner for breach of fiduciary duty.
    • Settled a lawsuit on behalf of a corporate client against the business's former bookkeeper for $400,000 for negligence.