Mr James S. Holliday Jr., Private Law Practice

James S. Holliday, Jr. is an attorney in Baton Rouge and has practiced in the areas of corporate law, construction law and contract law since being admitted to the bar in 1965. He is licensed to practice in the District of Columbia, Texas, Florida, and the U.S. Supreme Court. He received his B.S. degree from Louisiana State University and his J.D. degree from Louisiana State University where he was an associate editor of the Louisiana Law Review. He is co-author of The Public Trusts Act in Louisiana: A Practical Approach to a Continuing Problem, Louisiana Bar Journal; Louisiana Construction Law, Claitor's Law Books & Publishing Div., Inc., Louisiana Corporations, West Group; and Employment Contracts; A Checklist for the Draftsman, Louisiana Bar Journal. Mr. Holliday has been a lecturer with Louisiana State University, Professional Education Systems, Inc., Lorman Education Services and the National Business Institute on Construction and Engineering Law, and he has qualified as a expert witness in both State and Federal proceedings regarding corporate, securities and construction law. He was also on the Board of Directors for the Louisiana State Bar Association and Chairman of the Corporation section. Mr. Holliday was a contract Mediator with Mediation and Arbitration Professionals, Inc. ("MAPS, Inc.") for 19 years and has over 100 hours of formal mediator training through MAPS, Inc., and has mediated/arbitrated cases involving construction, employment, commercial, product liability and medical malpractice. Mr. Holliday is also an appointment member of the USDC (MD La.) ALR Neutrals Standing Panel. He is a member of The District of Columbia Bar, College Of The State Bar of Texas, Louisiana Trial Lawyers Association; The Association of Trial Lawyers of America (recognized by ATLA as a member of good standing for twenty five (25) years) and the American Inns of Court (Charter Member, Henry George McMahon Chapter, 1990-).

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.") since 1987, James S. Holliday, Jr. serves as a Mediator for approximately 30-35 mediations per year. 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 in Baton 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 the Louisiana 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.