Jackson Walker L.L.P. :: Gordon M. Shapiro
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Practice Areas
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Biography
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Gordon M. Shapiro has more than 28 years of experience. Mr. Shapiro has served as lead counsel in jury, bench trials, and arbitration actions for financial institution, business, and real estate clients. He has been recognized by a national legal publication as the lead counsel handling a case called a "Top Defense Win" nationally and is honored to have been recognized by his peers as a "Best Lawyer" in Commercial Litigation. Mr. Shapiro has been a lead special independent investigator multiple times on Sarbanes-Oxley investigations, involving accounting and corporate issues.
Mr. Shapiro coordinated the firm's financial institution litigation practice during a time of great turmoil in Texas banking. Mr. Shapiro and the firm successfully handled hundreds of cases for institutions and entities that acquired assets from failed banks, or as a result of asset transfers against defaulting borrowers and guarantors who alleged a wide variety of lender liability-type defenses. The firm continues to represent national, regional, and local financial institutions in class action defense, lender liability, defensive actions, operations matters, credit card litigation, letter of credit, contract disputes, and in the prosecution of collection matters.
Mr. Shapiro's selected financial institution representations have included:
Handling as lead counsel the so-called "MSlim" litigation against three former failed national bank affiliates. The MSlim litigation involved the prefailure transfer of about $442 million of loan participations. The transferee institutions filed multiple lawsuits against the acquiring bank. Ultimately, he obtained a summary judgment favorable to the bank under a provision of the National Bank Act rarely utilized since the Great Depression. This ruling enabled our client to resolve favorably the remaining related actions.
Representing as lead counsel the acquirer of failed bank assets in obtaining a judgment for over $22 million following the debtor's bankruptcy in the Southern District of New York and heavily contested state court litigation. The client was paid the entire sum due in cash, following entry of judgment.
Handling as lead counsel hundreds of defensive and collection actions for acquirers of failed bank assets without a single adverse verdict or judgment. These actions included injunctions, receiverships, and a wide variety of tactical strategies necessary to maximize recovery to the client.
Represented as lead counsel a financial institution claimed by government regulators to have engaged in fraud, RICO violations, and conspiracy in the sale of certain assets before failure. The multiple related actions were ultimately settled on terms favorable to the defendants. The subject asset sales were vindicated.
Representing as lead counsel a national bank in a class action brought under the Fair Credit Reporting Act for alleged violations of the Act that are claimed to have caused injury to a nationwide class of persons.
Mr. Shapiro served as lead trial counsel in an international business dispute, tried to a jury in United States District Court. In this case, Mr. Shapiro represented a Japanese public company sued for $90 million by a Texas company for alleged fraud, breach of contract, breach of fiduciary duty, and deceptive trade practices. The case arose from an athletic shoe distributorship agreement covering Japan. After a ten-week trial, the jury returned a take-nothing verdict in favor of Mr. Shapiro's client and the Court entered a take-nothing judgment. Mr. Shapiro and the trial team received national recognition when the case was named a "Top Defense Win" by the National Law Journal. The U.S. Fifth Circuit Court of Appeals later affirmed the judgment.
Mr. Shapiro is co-chair of the firm's Special Investigations practice. He serves as independent investigator in Sarbanes-Oxley type special investigations that have involved accounting issues, including Foreign Corrupt Practices Act, revenue recognition, inventory and expense accounting, booking of reserves, revenue "management," internal controls, "tone at the top" issues, and deferred revenue.
Mr. Shapiro's special investigations have included:
An analysis of Foreign Corrupt Practices Act accounting and control issues for a global acquirer and manager of financial assets and portfolio pools. This engagement also involved review of the valuation calculations under GAAP for portfolio of acquired assets.
An extensive investigation of a wide variety of accounting issues in a subsidiary of a major multinational international corporation.
An investigation of certain GAAP accounting and control issues at a national telecommunications company.
An investigation of accounting issues at an affiliate of a non-public industry standards corporation.
Mr. Shapiro has worked closely with chief legal officers and audit committees to scope and complete the investigations. A hallmark of his special investigations is close and regular communication with the client, client's counsel, and their outside accounting firm. Mr. Shapiro has produced voluminous detailed reports or summary presentations of findings, as required by the circumstances.
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Memberships
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Mr. Shapiro was selected by his peers as a Life Fellow of the Texas Bar Foundation and a Fellow of the Dallas Bar Foundation. He was invited to serve as an outside faculty member for training expert witnesses on damage testimony and as a faculty member in the National Institute of Trial Advocacy (NITA) Southern Deposition Program. Mr. Shapiro is a former Barrister in the Dallas Inn of Court. He has served as Subcommittee Chairman of the Fee Disputes Committee for the Dallas Bar Association. He is a member of the American Bar Association, the Texas Bar Association, the Dallas Bar Association, the Texas Association of Defense Counsel, the Dallas Association of Defense Counsel, and the Bar of the Fifth Circuit Court of Appeals.
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Awards
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Mr. Shapiro is listed in the 2006-2011 editions of The Best Lawyers in America under Commercial Litigation. He was lead trial counsel in a ten-week federal jury trial recognized by a national legal weekly, The National Law Journal, in a national survey as a "Top Defense Win." He was named a "Super Lawyer" by Thomson Reuters (2003-2008). He was also honored by Super Lawyers, Corporate Counsel Edition for being a "Super Lawyer in Business Litigation."
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Admitted
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- 1980, Texas
- United States District Court for the Western District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States Court of Federal Claims
- United States Supreme Court
- United States Court of Appeals for the Fifth Circuit
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Education
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B.A., cum laude, The University of Texas at Austin
J.D., Southern Methodist University Dedman School of Law
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Publications & Speaking Engagements
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Mr. Shapiro delivered a presentation called "E-mail Discovery and Privilege" at the Texas Association of Bank Counsel 28th Annual Convention. An article written on this presentation was later published in 23 Corporate Counsel Review 201 (2004) and in another widely read civil litigation journal, 30 The Advocates Quarterly 258 (2005). Mr. Shapiro has written and spoken on a variety of lender liability litigation strategies and issues, including "Legal Defense: Issues and Strategies in Electronic Discovery;" "State of the Art Litigation;" "Legal and Practical Issues Applicable to Liquidation of Publicly Traded Stock Collateral;" "Jury Consultants, Mirror Juries, Video Impeachment;" "Defense Strategies in Litigation Against Foreign Corporations;" and "A Primer to the Handling of Lender Liability Suits." He was co-author of an article contained in an annual survey of Texas law, "Gordon M. Shapiro, Dena L. Mathis & Kimberly O'D. Thompson, Banking Litigation," 45 SW.L.J. 1297 (1992).
Mr. Shapiro was a panelist at KPMG's Audit Committee Institute, Audit Committee Fundamentals Seminar, speaking on the topic "Audit Committee Interactions and Setting the Audit Committee Agenda." At seminars held in Chicago, Dallas, Washington, D.C., and Florida on the impact of new accounting rules on asset retirement obligations (FIN 47), he spoke on "Whistleblowers and Investigations under Sarbanes-Oxley."
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