James S. Holliday (1941-2022)

Work History

• Construction litigation and corporate work is a mainstay and specialty. Multiple construction cases are currently being worked. Some noteworthy corporate work involved resolution of corporate shareholder disputes in several home health care agencies, a nursing home, and a dental insurance company. Although a private corporation, a home health care agency must be managed under strict regulatory guidelines established by the State, which complicates the resolution of such disputes.
• As a contract Mediator with over 100 hours of formal training for Mediation Arbitration Professionals, Inc. (_Maps, Inc._) from 1987 to 2008, James S. Holliday, Jr. qualifies as a Mediator. James S. Holliday, Jr. has also served as Mediator the Louisiana State Bar Association, The Alternative Dispute Program for the United States District Court, Middle District of Louisiana, the United States Postal Service, and as Arbitrator for the American Arbitration Association, as well as through individual requests since 1975, with particular emphasis in construction law.
• James S. Holliday, Jr. has served as counsel or co-counsel on several complex construction litigation cases which included breach of contract disputes and which resulted in verdicts or judgments in excess of million dollar judgments.
• James S. Holliday, Jr. has served as Attorney/Chairperson for several Louisiana Medical Review Panels. In the State of Louisiana, before a doctor can be sued for malpractice, the plaintiff must present his or her case before a Medical Review Panel set up by the Louisiana Patients’ Compensation Fund. Each panel is made up of an Attorney/Chairperson and three doctors. This administration and coordination is performed by the Attorney/Chairperson, all pursuant to statute mandated procedures and time frames.
• James S. Holliday, Jr. has successfully handled many complex succession/estate litigation matters. Since this type of work means dealing with emotional family members, the negotiation and litigation skills from the other areas of his practice have become largely valuable in successfully concluding these delicate and personally important matters for his clients.
• James S. Holliday, Jr. was defense counsel and is experienced in handling complex accountant’s liability/malpractice cases.
• Although personal injury cases do not make up the majority of cases, when the occasional personal injury case arises, James S. Holliday, Jr. is proficient to the task. In the most recent personal injury lawsuit handled, a $1,000,000 verdict was awarded to the client by an extremely conservative East Baton Rouge Parish jury where the client’s preexisting kidney condition was exacerbated and accelerated by his involvement in an automobile accident. The total award with interest plus costs exceeded $1.5 million.
• Representation of a multi-billion dollar, multinational construction and engineering firm in its challenge of the bidding process for a $20 million high- technology design and construction contract, working closely with internationally recognized experts in the field.
• The successful handling of a private placement of $1 million in stock for a$50-million bank holding company.
• Negotiation and sale of a $12-million health care facilities operation.
• Instrumental in the establishing of a former law firm’s new offices inBaton Rouge and New Orleans, Louisiana, and Washington, D.C. Designed and implemented a management structure and compensation plan for the firm; served on management committee for 9 years.
• During martial law regime and tumultuous political climate in Poland,James S. Holliday, Jr. drafted and formed a Louisiana agricultural cooperative,and visited Warsaw to negotiate with governmental officials for the sale of U.S. grain to Poland and for the utilization of WWII bunkers for storage in Malta.
• Involvement in international transactions such as negotiating international joint venture real estate development in the Cayman Islands and back-to-back financing through Luxembourg trust and Netherlands Antilles corporation.
• As lead counsel James S. Holliday, Jr. was instrumental in numerous private placements for various venture capital fundings and real estate syndications involving shopping centers, apartments, and office buildings throughout the southern states. These syndications raised $90 -100 million of equity capital.
• The successful representation of management in its leveraged buyout of a $15-million division of a major billion-dollar NYSE company.
• Served as co-counsel in the organization and formation of a new national bank in the local community. Later, he served as General Counsel to this bank as well as the largest state bank in Louisiana and the largest FDIC insured bank in a
  five-state region.
• Was responsible for drafting, enactment, and implementation of theLouisiana Public Trust Act. This legislation was designed to bring Louisiana into the mainstream of modernized public financing techniques.
• Was lead counsel for the initial SEC-registered public offering of a major bank holding company. He was involved in the first phantom bank merger ever used in the State of Louisiana to convert a state bank under FDIC jurisdiction to a wholly owned subsidiary of a one-bank holding company under Federal Reserve Board jurisdiction.
• Upon frequent requests, James S. Holliday, Jr. served as co-counsel with other lawyers and law firms as he was recognized as a local authority on SEC and securities matters.
• Handled the first intra-state public registration of a limited partnership in Louisiana at the request of a competing local law firm. This real estate syndication was successfully registered,completed, and implemented through close work with the Louisiana regulatory authorities.
• Served as lead counsel in multi-million dollar sales and acquisitions in such diverse industries as hotel/leisure, computer software development, industrial contracting, and broadcast communications. Coordinated each case with regulatory authorities to arrange equity financing and, where applicable, necessary licenses.
• Has represented industrial contractors and handled the litigation and settlement of multi-million dollar construction claims case.

Qualification as Expert Witness:

• Qualified as Expert Witness in State, Federal, and Bankruptcy Courts in the areas of state and federal securities regulations, corporations, corporate governance, partnerships, and certain aspects of professional responsibility

Teaching experiences:

• Co-author and speaker at seminar sponsored by the National Business Institute entitled Family Limited Partnerships and Limited Liability Corporations in Louisiana in February, 1996.
• Co-author and speaker at seminar sponsored by Professional Education Systems, Inc., entitled Louisiana Mechanic=s Liens and Public Works Contracts in February, 1997.
• Co-author and speaker at seminar sponsored by Lorman Business Center, Inc. entitled Louisiana Lien and Privilege Law in June, 1997.
• Co-author and speaker at seminar sponsored by Lorman Business Center, Inc. entitled Louisiana Law for Design Professionals in June, 1998.
• Co-author and speaker at seminar sponsored by Lorman Business Center, Inc. entitled A Guide to Buying and Selling A Louisiana Business in June, 1999.
• Co-author and speaker at seminar sponsored by National Business Institute entitled Limited Liability Companies and Limited Liability Partnerships in Louisiana in May, 2000.
• Speaker at seminar sponsored by Louisiana State Bar Association entitled The Fundamentals of Construction Law in November, 2000.
• Co-author and speaker at seminar sponsored by Lorman Business Center, Inc. entitled Solving Water Intrusion and Mold Problems in January, 2002.
• Federal Practice and Procedure
• Corporations: Formation, Operation, Dissolving
• Limited Liability Companies and Limited Liability Partnerships
• Family Limited Partnerships and Limited Liability Companies in Louisiana
• Public Contract Law

Areas Of Practice

• Trial and Federal Practice
• Corporation, Securities, Construction, Administrative, Banking, Business, Public Contract, Employment, and Health Care Law
• Business and Construction Litigation
• Arbitration and Mediation
• Trust, Wills & Estate Planning

Bar Admissions

• Louisiana, 1965
• District of Columbia, 1977
• Texas, 1991
• Florida, 1993
• U.S. Supreme Court, 1977
• Louisiana Coushatta Tribal Court
• U.S. Bankruptcy Court Eastern District of Louisiana
• U.S. Bankruptcy Court Middle District of Louisiana
• U.S. Bankruptcy Court Western District of Louisiana
• U.S. Court of Appeals 5th Circuit
• U.S. Bankruptcy Court Eastern District of Texas
• U.S. Bankruptcy Court Northern District of Texas
• U.S. Bankruptcy Court Southern District of Texas
• U.S. Bankruptcy Court Western District of Texas
• U.S. District Court Eastern District of Texas
• U.S. District Court Northern District of Texas
• U.S. District Court Southern District of Texas
• U.S. District Court Western District of Texas
• Supreme Court of Texas
• Florida Public Service Commission
• Southern District of Florida Trial Bar
• U.S. Bankruptcy Court Middle District of Florida
• U.S. Bankruptcy Court Middle Florida
• U.S. Bankruptcy Court Northern District of Florida
• U.S. Bankruptcy Court Southern District of Florida
• U.S. Bankruptcy Court Southern Florida
• U.S. District Court Middle District of Florida
• U.S. District Court Northern District of Florida
• U.S. District Court Southern District of Florida
• U.S. District Court Southern District of Florida Trial Bar
• U.S. Court of Appeals 11th Circuit
• District of Columbia Court of Appeals
• Supreme Court of British Columbia
• U.S. Bankruptcy Court District of Columbia
• U.S. Court of Appeals District of Columbia Circuit
• U.S. District Court for the District of Columbia
• U.S. District Court of the District of Columbia

Education

• Louisiana State University Law Center, Baton Rouge, Louisiana
  • J.D. – 1965
  • Honors: Graduated in top 10% of class
• Louisiana State University, Baton Rouge, Louisiana
  • B.S. – 1962
  • Major: Finance and Economics

Published Works

• Employment Contracts: A Checklist for the Draftsman, June 1983, and The Public Trust Act in Louisiana:A Practical Approach to a Continuing Problem , Louisiana Bar Journal, September, 1972

Classes / Seminars

• Lecturer, Construction and Engineering Law, College of Engineering, Louisiana State University, 1981 to 1982
• Co-author:_The Public Trusts Act in Louisiana: A Practical Approach to a Continuing Problem , Louisiana Bar Journal, 1972 to 1972
• Louisiana Construction Law, Thomson West Publishing Co, 1991 to 1991
• Louisiana Corporations, Thomson West Publishing Co, 1984 to 1984
• Employment Contracts; A Checklist for the Draftsman, Louisiana Bar Journal, 1983 to 1983

Honors And Awards

• Association of Trial Lawyers of America as a Member in Good Standing for Twenty Five Years

Professional Associations And Memberships

• Phi Alpha Delta, Member, 1964 to 1965
• Baton Rouge Bar Association (Board of Directors,Legal Aid Society), Member, 1970 to 1978
• Louisiana State Bar Association (Board of Governors), Member, 1977 to 1979
• Louisiana State Bar Association, Chairman, Corporation and Business Law Section, 1978 to 1979
• Federal and American Bar Associations (Sections on: Corporation, Baking and Business Law; Litigation; Public Contract Law), Member
• Louisiana and American Trial Lawyers Association, Member
• Association of Transportation Attorneys, Former Member
• Louisiana Secretary of State’s Commission on Corporations, Member, Advisory Committee
• Maritime Law Association of United States, Former Member
• Rotary International of Baton Rouge, Member
• City Club of Baton Rouge, Member
• George M. McMahon American Inns of Court, Member
• Texas State, Florida State and District of Columbia Bar Associations, Member
• College Of The State Bar Of Texas, Member
• AARP Legal Services Network for Wills and Estate Planning, Participating Attorney