Philip Tucker Evans

Philip T. "Pete" Evans is a litigation attorney in the firm's Washington, D.C., office. Mr. Evans focuses on litigating a broad range of commercial and business disputes as well as controversies in the areas of real estate development and land use, foreclosures and receivers, bankruptcy and creditors' rights, and estates and trusts matters.

Mr. Evans has handled numerous bench and jury trials and appeals in state and federal courts. He has also successfully resolved matters through mediation and other forms of alternative dispute resolution (ADR), and he has handled a number of arbitrations.

In addition, Mr. Evans counsels private and public clients in commercial disputes, development and land entitlement matters, administrative challenges with government agencies and disputes between neighboring property owners. Examples of his litigation and counseling experience include the following:

Land Use, Development and Construction

• Represented owners, developers, condominium declarants, property managers and lenders in various real estate litigation matters brought in Maryland and the District of Columbia
• Handled numerous administrative proceedings and appeals concerning land use, zoning and permitting decisions by agencies of the District of Columbia
• Negotiated agreements with neighboring property owners and/or development opponents, which cleared path for development and construction activities
• Led an appellate team through successful administrative remand proceedings and appeals before D.C. Court of Appeals in furtherance of development of the McMillan Sand Filtration Site
• Successfully handled appeals allowing development of multiple parcels at the District of Columbia's Wharf
• Handled zoning entitlement appeals for developers in the District of Columbia's Union Market, Adams Morgan, South Capitol Street and Columbia Heights neighborhoods
• Represented project owners in claims against design professionals and contractors arising out of commercial, multifamily and mixed-use projects

Bankruptcy and Creditors' Rights

• Defended numerous preference and avoidance claims brought by debtors-in-possession, trustees and liquidating agents
• 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
• Achieved a bench verdict against a debtor after a four-day trial seeking to avoid repayment of a secured debt
• Prosecuted motions to compel assumption and rejection of executory contracts (including leases of nonresidential real property) and compel payment of post-petition rent and other administrative expenses
• Represented numerous landlords to protect rights under §§365 and 502 of the Bankruptcy Code
• Litigated foreclosure matters and related receivership proceedings for commercial, multifamily residential and hotel properties
• Received a defense verdict in a jury trial on claims brought by a bankruptcy trustee against a general contractor for alleged nonpayment to a bankrupt industrial painting subcontractor

Trusts and Estates Matters

• Defended personal representatives on claims premised on lack of capacity, fraud and undue influence, estate mismanagement and breach of fiduciary duty
• Litigated petitions to modify provisions in trust agreements on behalf of trustees and beneficiaries
• Assisted in the negotiation of disputes and remedies provisions in pre- and postnuptial agreements
• Litigated questions of paternity and entitlement in intestate proceedings
• Represented numerous charitable organizations in order to protect inheritance and distribution rights
• Litigated a dispute over the value of a decedent's interest in closely held businesses

Commercial Disputes and Business Litigation

• Represented a hotel operator and 50 percent owner in an arbitration with the owner of the other 50 percent interest, concerning a dispute over the continuing obligation to fund improvements to a hotel property
• Represent public and private companies and individuals on post-closing disputes arising out of asset and stock purchase agreements and buy/sell agreements including, but not limited to, claims of material misrepresentation, indemnification issues, calculation of earn-out provisions and employee transfer issues
• Represented a foreign affiliate of a U.S. corporation in an action against a foreign sovereign for breach of commercial agreement, including enforcement of judgment against assets of a defendant located in Switzerland, Germany and Turkey
• Defended a foreign weapons manufacturer against an injury claim arising from a failed scientific experiment at the Laboratory for Laser Energetics in Rochester, New York
• Handled commercial litigation disputes concerning federal government contractors, including claims brought under the False Claims Act (FCA)
• Defended the manufacturer of a customized healthcare claims processing system against claims of alleged failures in software design, functionality, implementation and data integration; formulated a defense strategy for a multilawyer defense team that led to a successful resolution of a number of cases in multiple jurisdictions
• Received a defense verdict in a jury trial for a developer accused of misdirecting funds sought by the creditor of a former employee
• Experienced in all areas of post-judgment enforcement and collection, including asset searches and garnishment proceedings

Transportation-Related Litigation

• Represented a project owner in response to scope, delay and impact claims arising from design as presented by a design-build contractor on a transportation infrastructure project
• Successfully defended an owner against a $10 million claim asserted by an electrical subcontractor, general contractor and takeover surety arising from a renovation of a historic train station
• Successfully protected rights of first priority lender in maritime proceeding
• Represented numerous shippers (rail and motor carrier) in property damage and personal injury claims
• Represented railroads in disputes arising from sales and lease of locomotives and rolling stock
• Represented a manufacturer of a train detection and command system in a multiparty litigation arising out of the 2009 Fort Totten crash of Washington Metro Area Transit Authority subway train