Construction Litigation
Mr. Soper has handled the litigation, arbitration and mediation of hundreds of construction disputes. His practice also involves the review and negotiation of construction contract documents and counseling while construction projects are ongoing. Mr. Soper is adept in understanding and litigating technically complex construction issues. He has represented owners, general contractors, subcontractors, suppliers and sureties on public and private projects in various matters involving issues of breach of contract, fraudulent misrepresentation, cost overruns, delay claims, acceleration claims, inefficiency claims, construction deficiencies, cardinal change claims, bid protests, lien and bond claims, specification disputes, and pay-if-paid/pay-when-paid payment disputes. Mr. Soper has presented on the calculation of construction claim damages and has written on various topics relating to the construction industry. A sample of representative engagements include:
- Represented general contractor in international arbitration related to payment disputes and delays between members of a joint venture constructing U.S. government buildings in Taiwan.
- Represented general contractor against delay claims brought by the City of Philadelphia related to the construction of a new baggage handling system and terminal renovations at the Philadelphia International Airport.
- Represented prime electrical contractor in delay/inefficiency/cardinal change claim against the NY/NJ Port Authority.
- Represented land developer in dispute against general contractor involving claims of fraud and defective work related to construction of a medical facility.
- Represented subcontractor in payment dispute with general contractor related to construction of a bridge in Cape May, New Jersey, involving matter of first impression under New Jersey lien law.
- Represented prime electrical subcontractor in matter against owner related to inefficiencies caused by the owner’s resequencing of the work.
- Represented owner in matter against national window supplier that provided defective windows.
Commercial/Business Litigation
Mr. Soper has handled litigation, arbitration and mediation in all manner of commercial and business litigation disputes. He has represented companies, officers and directors, and shareholders in class actions, partnership disputes, breach of fiduciary duty claims, and complex breach of contract disputes. A sample of representative engagements include:
- Successfully defended breach of fiduciary claim against director of a publicly traded company related to allegations that the company entered into an unfair merger.
- Represented partner in pharmaceutical company against claim of breach of fiduciary duty by fellow partner.
- Represented chief executive of international pharmaceutical company related to alleged breach of confidentiality agreement through information shared on call with investors.
- Represented and resolved claims of national distribution client related to breach of an asset purchase agreement.
Internal Investigations and Compliance
Mr. Soper has lead and coordinated internal investigations for clients to evaluate potential liability and determine necessary remediation related to complaints by employees, customers and governmental agencies. He also provides ongoing advice to corporate clients to ensure compliance with regulatory and statutory requirements. Representative engagements include:
- Managed two year-long internal investigation of regional bank related to allegations made a former employee, and coordinated the investigation with the FDIC.
- Conducted internal investigation of dietary supplement company related to allegations by an employee made in the middle of a potential merger.
- Investigated whether former employees and potential new employees had improper possession of confidential information/trade secrets.
Privacy, Security and Data Protection
Mr. Soper is a certified information privacy professional for the United Stated by the International Association of Privacy Professionals. He has represented commercial clients in data privacy and security matters, including litigation and counseling to assess compliance with state and federal data privacy laws. A sample of representative engagements include:
- Represented banking client in class action litigation related to potential data breach of financial account information.
- Defended medical services client and obtained dismissal of claims arising out of alleged violations of the Telephone Consumer Protection Act.