Co-Author, “The Impact of the Bankruptcy Reform Act of 1994 on Divorce Law,” Loyola School of Law Annual Domestic Law Conference, 1995
Child Custody and Visitation
Douglas R. Kinler is a civil litigator who practices primarily in the area of toxic tort defense. He has defended numerous corporations in litigation and trials involving personal injury claims arising from exposures to toxic substances. He also periodically handles contractual issues for local musicians in New Orleans. Doug was previously appointed to represent indigent or absent parties in child custody matters in the Juvenile Division of the Civil District Court in Orleans Parish.
Judy received the Sam Dalton Capital Defense Advocacy Award from the Louisiana Association of Criminal Defense Counsel in 1997, the Michaelle Pitard Wynne Professionalism Award from the Association of Women Attorneys in 1998, and the Alliance for Justice Award in 1999 from the National Gay and Lesbian Law Association.
Wrongful Death
We have extensive experience representing clients involved in all aspects and all phases of the construction process. Our attorneys have been involved in all types of construction projects including commercial and public buildings, hospitals, industrial plants, condominiums, federal projects, roadways, sports venues and residential properties. From drafting contracts, providing advice on public contracting and bid challenges, negotiating appropriate financial protections into contractor and subcontractor agreements to initiating informal and formal dispute resolution proceedings to enforce our clients’ rights, we offer insightful advice and proactive representation for protecting our clients’ interests. We also routinely represent clients in additional types of construction-related litigation, including commercial disputes, labor and employment matters, and tort (personal injury and wrongful death) litigation.
Forgery
We represent issuers, insurers, banks and other financial institutions with respect to sureties and insurance coverage for crime-related losses. This includes losses due to employee infidelity, third-party theft, loss of assets in transit, forgery, counterfeiting and other forms of fraud.
Thomas R. Blum has been handling product liability cases and oil and gas litigation for more than 40 years. As a partner at Simon, Peragine, Smith & Redfearn, he represents clients in a broad range of civil litigation matters, including products liability suits, oil and gas disputes, breach of contracts actions, expropriation matters, insurance contract litigation, disputes regarding personal rights, corporate governance matters, and foreclosures. Tom also has extensive transactional experience, including representing buyers and sellers of corporate stock and other property and representing lenders and borrowers in major loan transactions.
Mergers and Acquisitions
Tax planning is a core component of virtually any type of business or corporate transaction. From appropriately structuring corporations, partnerships and LLCs to mitigate entity-level and owner tax liability to avoiding income and capital gains taxes in restructurings, mergers and acquisitions, our attorneys utilize strategic tax planning to our clients’ full advantage. We are experienced in addressing the tax implications of real estate transfers and other types of transactions as well; we examine the complete picture in order to determine how strategic tax planning can provide the greatest overall financial advantage for our client.
Business Formation
From a legal perspective, forming a business entity is one of the first steps toward getting up and running. However, deciding what type of entity to form requires careful consideration of numerous issues, including judgment liability, tax liability, ownership and control, and transferability of shares. Certain types of business entities will better serve certain objectives, and forming an entity under the laws of the state where you intend to operate may or may not be the best option. Our attorneys can help you make strategic decisions so that your business entity does not unnecessarily restrict your ability to operate, obtain financing or sell your company down the line.
Business Disputes
Casie Z. Davidson joined Simon, Peragine, Smith & Redfearn, LLP in 2017. As a member of the firm’s general liability and commercial litigation section, she represents institutional and corporate clients in trucking and transportation litigation, premises liability and contract disputes, insurance coverage litigation, and related matters.
Business Transactions
Robert L. Redfearn has been engaged in the private practice of law for more than 60 years. He represents clients in various business transactions, including acquisitions, sales, financings and workouts involving businesses, real property, and oil and gas assets. He also represents clients in complex litigation involving oil and gas, environmental, construction, bankruptcy, banking, redhibition, securities, antitrust, oil and gas, real estate, contract and corporate matters. He has served as lead counsel in trials in Louisiana, California, Mississippi and New York.
Limited Liability Companies
Our attorneys represent companies of all sizes in general business and corporate matters. We also assist entrepreneurs and start-up enterprises in all aspects of business formation, management and governance. With a comprehensive transactional practice that includes everything from forming corporations and limited liability companies (LLCs) to drafting and negotiating business purchase and sale agreements, we also routinely represent our business and corporate clients in complex litigation, and alternative dispute resolution (ADR) proceedings.
Construction Contracts
Insurance coverage is integral to construction as well. We represent insurers, policyholders and third-party claimants in all construction-related insurance matters. This includes advising clients regarding insurance coverage needs (including general liability, errors and omissions, and professional liability coverage), negotiating insurance provisions in construction contracts and other agreements, representing insurers and insureds in coverage disputes, and handling first-party and third-party insurance claims on behalf of claimants and insurers.
In litigation, we represent clients in both state and federal administrative, court, and appellate proceedings concerning, wrongful termination, wage disputes, sexual harassment, discrimination, and other employment related issues.
Employment Contract
We provide counsel to our individual and corporate clients regarding a wide-range of employment related issues. We understand the need for particular focus upon business intricacies in providing advice on employment issues and strive to tailor our approach to each client’s particular requirements. We advise clients regarding all aspects of state and federal employment law compliance and provide strategic and cost-conscious legal representation for EEOC complaints, informal dispute resolution, drafting and negotiation of employment contracts, internal investigations, training, and other employment related needs. In addition, we advise employers regarding company-wide employee handbooks and manuals which we draft to meet employer-specific needs.
Employment Litigation
Denise is a frequent lecturer on construction and surety-related matters and has conducted numerous in-house training seminars for companies and public bodies on Title VII employment issues. In 1997, Denise received the Sam Dalton Capital Defense Award from the Louisiana Association of Criminal Defense Counsel. She is fluent in Spanish.
Simon, Peragine, Smith & Redfearn maintains a broad commercial litigation practice that encompasses trial and appellate litigation in state and federal court. Our commercial litigators have decades of experience representing and trying high stakes, complex cases for Fortune 500 companies, privately held businesses, municipal and governmental entities and educational institutions. Our cases have involved class actions, multi-district litigation, lease disputes, unfair trade practices, educational institution liability matters, contractual disputes, real estate matters and municipal and governmental liability claims.
Premises Liability
Our firm represents many clients in third party liability suits across all fields of casualty litigation, including in major jury trials involving catastrophic injuries or multiple fatalities. The firm has earned a reputation for robust and well-prepared defense of its clients including in automobile and trucking, premises liability, product liability, mass tort and general negligence cases.
Construction Litigation
Our construction law practice encompasses all aspects of legal representation for property owners, developers, contractors, subcontractors, design professionals, insurers, sureties and other clients in connection with construction projects in Louisiana and throughout the Gulf Coast region. We are well-known for our experience in this area, and several of our lawyers have decades of experience representing clients in construction-related transactions and litigation.
Real Estate Transactions
“Pitfalls Preceding the Closing” and “Legal Updates and Traps for the Unwary,” National Business Institute Seminar on Real Estate Transactions: Avoiding the Top Mistakes, May 2018
Easement
Land Use and Zoning
Our construction lawyers routinely advise and represent clients with regard to permitting and licensing requirements, zoning and land use issues, and other types of approvals. We assist clients with due diligence evaluations of project needs, as well as apply for permits, licenses and other approvals. We also represent our clients in administrative proceedings and litigation involving denials and appeals.
Landlord-Tenant Disputes
Privatizing the Public Education System and the Implications on the State of Louisiana, was chosen for publication in the journal’s 2015 edition. Windsor also served as a student practitioner with the Loyola Law Clinic representing low-income families in landlord-tenant disputes.
Property Damage
Since its founding, the firm has had involvement in the maritime and offshore marine industries in South Louisiana, with particular emphasis on the defense of maritime personal injury and property damage claims. This practice has extended to direct representation of marine underwriters in recovery actions arising from inshore and offshore collisions and allisions.
Mr. Redfearn has extensive trial and appellate experience, primarily in the areas of commercial litigation and personal injury defense. He also represents clients in transactional matters, including lease negotiations and general corporate and contract matters. Mr. Redfearn is also a Certified American Arbitration Association (AAA) Arbitrator for Commercial Disputes, and he has served as an arbitrator in employment and commercial matters.
Medical Malpractice
Prior to joining the firm, Ms. Davidson represented disabled individuals, practicing in the areas of medical malpractice defense, personal injury and premises liability, Social Security disability, estate planning, business entity formations, and business transactions.
At Simon, Peragine, Smith & Redfearn, our clients are as diverse as our areas of practice. From general corporate matters, mass tort litigation, and estate planning to insurance coverage litigation, we serve individuals and corporate clients with an extensive range of legal needs. Our experience over the past 40 years has allowed us to forge strong relationships with clients in Louisiana and throughout the country. We are proud of these long-standing relationships which serve as a testament to our ability to provide personalized, conscientious and efficient legal representation in the following areas...
Wills
The firm’s lawyers provide advice, representation, planning and implementation on a myriad of trust and estate planning matters. Our lawyers advise on wealth transfers through wills, gifts, trusts and business restructuring; represent fiduciaries in connection with their duties; and draft and implement estate planning documents such as wills, trusts, acts of donation, powers of attorney, health care powers of attorneys, living wills and stock transfers. The firm assists clients with successions, ancillary successions, transfer or probate and nonprobate assets, and related matters at the federal and state levels, and issues advice and planning in connection with current or anticipated physical or mental disabilities.
Trusts
Our attorneys have extensive experience in probate and trust administration. We assist all parties involved with all aspects of the process, from the appointment and replacement of personal representatives to the management of trust assets over periods of years or decades. Our services include...
Power of Attorney
Our clients include business owners and executives, professionals, real estate investors, and other high-net-worth individuals. We utilize wills, revocable and irrevocable trusts, advance directives, powers of attorney, legal entities, private foundations, and other estate planning tools to help our clients develop comprehensive plans that address...
We represent clients in restructuring and workout negotiations involving all types of business and commercial debts. From mezzanine financing to commercial real estate loans, and from bank loans to debt investments in startup entities and emerging enterprises, we work closely with our clients to understand the specific circumstances involved in each individual scenario. Once we have a clear understanding of all of the various business, financial, legal and practical issues, we develop a list of options and then execute a strategy that is designed to achieve our client’s goals without the need for bankruptcy litigation.
Foreclosure
Tax Law
John also regularly represents clients with regard to selecting, structuring and operating for-profit and nonprofit entities; securities law and ERISA compliance; planning and executing restructuring transactions such as mergers, asset and stock acquisitions, reformations, dissolutions and liquidations; transferring business ownership; and, dispute resolution proceedings before state and federal courts, the Louisiana Board of Tax Appeals and various administrative agencies. John also represents individuals and corporate clients with regard to general tax planning and tax controversies at the federal, state and local levels.