- Wrongful DeathWhen long term care or individual clients need legal assistance in wrongful death and other injury cases, the firm will vigorously defend them. Our clients also rely on the firm to avoid or resolve potential liability claims short of litigation. Modrall Sperling has a successful record in this arena. In litigated liability matters, the firm’s objective is to prevail at the earliest stage possible.
- Fraud
- Corporate LawChambers USA Directories of America’s Leading Lawyers for Business, the firm’s “Key areas of expertise include bond issuance and tax audits. Business liquidation, corporate governance and compliance constitute further areas of strength.”
- Mergers and AcquisitionsFinally, we advise and assist clients with mergers and acquisitions, asset sales and purchases, hostile takeover issues, “poison pill” and “golden parachute” strategies, and the design and implementation of due diligence undertakings relating to title, environmental and permitting compliance and status, contract and liability assessments, and other related reviews.
- Business DisputesOur lawyers have successfully represented private and public entities in various dispute resolution strategies, including partnering, mediation, arbitration, and litigation, particularly in the areas of bond claims and contract disputes.
- Business TransactionsTo solve their key challenges, clients rely on the wide range of practice areas represented by our legal teams. We offer depth of experience involving education, employment, railroads, real estate, commercial transactions, mining, oil and gas development companies, Native American and public lands, energy and utilities companies, healthcare providers, and Native American law, among other areas.
- Limited Liability CompaniesOur lawyers have extensive experience in all aspects of forming and managing business affairs. We assist clients in evaluating factors that bear on which form of entity is the best choice under New Mexico and other law. We are experts at forming limited liability companies, general and limited partnerships, sole proprietorships and corporations of all varieties. Our lawyers also have experience with specialized forms of ventures and other types of relationships that are common in some of the industries to which we provide services, such as professional associations of doctors and lawyers, mining ventures and partnerships, bank branches, franchises and others.
- Construction ContractsA vital part of all our utility work is ensuring the necessary infrastructure for delivery and transmission of utility services. This includes infrastructure related to transmission of electricity, pipelines for the delivery of oil and gas, and infrastructure critical to delivery of water supplies. We work with clients to address all aspects of infrastructure needs from beginning to end—commencing at the necessary approvals related to construction, financing, design and construction contracts, rights-of-way, evaluation environmental impacts related to infrastructure projects and negotiation of agreements with end users.
- Antitrust
- Wrongful Termination
- Employment DiscriminationEqual Employment Opportunity Commission v. San Juan Coal Company: The firm obtained summary judgment in favor of its client in a sex discrimination case in which the plaintiff alleged her employer discriminated against her and other women by failing to provide training opportunities which would have enabled her to advance within the company.
- Employment ContractWe represent our clients with regard to designing, implementing, and maintaining benefit plans and trusts; drafting necessary communications, documentation and procedures; obtaining favorable determination letters; assisting with audits, ERISA compliance and IRS compliance; advising on compliance with reporting, disclosure obligations and claims handling; and counseling on executive compensation and employment contracts.
- Employment LitigationRepresenting mineral development companies with employment issues and disputes, including the defense of collective actions filed under the Fair Labor Standards Act (FLSA)
- Premises LiabilityRepresent school districts, private schools and higher education institutions in premises liability litigation and personal injury claims
- Construction LitigationOur attorneys are active members in industry and professional groups throughout New Mexico and across the United States, including Associated Builders and Contractors of New Mexico, the American Bar Association Construction Forum, and the USLAW Construction Law Practice Group. We have published numerous articles and written New Mexico chapters for national compendia on construction and design law. We also present at and sponsor construction law CLE programs.
- Real Estate TransactionsOur water rights and water quality practice also involves the representation of developers, banks, and lenders, among other kinds of clients, in evaluating and contractually protecting against risks of environmental liabilities arising from commercial and private real estate transactions. In this representation, we coordinate with environmental consultants on Phase I, II and III environmental evaluations and Transaction Screens as may be prudent or required, and drafting indemnification provisions and other similar risk allocation devices, as well as handling insurance coverage issues.
- Eminent DomainWe represent pipeline and midstream companies in acquiring rights-of-way over fee, federal, state and Indian lands through federal statutes, New Mexico’s eminent domain code and the Gathering Line Acquisition Act. We also assist oil and gas producers in negotiations with fee land owners for surface use agreements under the Surface Owners Protection Act.
- Land Use and ZoningClients rely on our administrative and litigation experience involving federal land use planning, minerals (oil and gas, hard and precious minerals, and coal) development activities, royalty valuation, mining claim location and staking, environmental permitting and compliance, reclamation, remediation, and regulation, and land exchanges. We also advise clients regarding the National Environmental Policy Act (NEPA), including Environmental Assessments and Environmental Impact Statement (EIS) requirements, the National Historic Preservation Act (NHPA) and other cultural resources and sacred sites management matters, and issues arising under the Endangered Species Act (ESA) and related wildlife management regulatory schemes.
- Personal InjuryModrall Sperling’s attorneys have built a reputation on their ability to manage its client’s tort matters, including obtaining defense verdicts in trial. In litigation our attorneys’ depth of knowledge, skills and experience have been used to defend our clients’ interests in state, federal, administrative and tribal courts. Our attorneys’ depth of resources and breadth of knowledge make it the go-to law firm in New Mexico for the defense of tort and personal injury matters. We serve as local, regional and trial counsel to national and international companies. Striving to provide the most effective and efficient defense possible, we invest significant time and effort into understanding our clients’ business so that we can best protect our clients’ interests. Modrall Sperling has been at the forefront of the New Mexico legal market for decades and continues to effectively serve its clients in New Mexico and beyond.
- Medical MalpracticeHospitals, hospital administrators, physicians and other medical professionals rely on lawyers at Modrall Sperling when faced with suits alleging direct vicarious malpractice liability. The firm has experience in a variety of malpractice actions as well as actions involving hospital administration issues. The firm has handled medical malpractice claims in proceedings before the New Mexico Medical Review Committee and in New Mexico state courts, and additionally has worked with a variety of local and national experts in regard to this defense work.
- Disability DiscriminationSimmons v. Walgreen Co.: The court granted the employer’s motions to dismiss and for summary judgment as to plaintiff’s claims for age and disability discrimination, and numerous state law tort claims, including wrongful termination, defamation and intentional infliction of emotional distress.
- Estate PlanningModrall Sperling’s lawyers represent clients in all types of commercial disputes through all phases of the dispute resolution process, whether through litigation, arbitration or negotiation. Commercial litigation is one of the pillars of our practice, and has been for decades. We strive to obtain the best result for our clients, quickly and efficiently at a reasonable cost. We work with our clients to further their legitimate interests and avoid costly and unnecessary litigation where possible. We are skilled in negotiation and in handling alternative dispute resolution proceedings such as mediation. We have extensive experience in more traditional processes in federal, state and tribal courts, through trial and appeal, and in commercial arbitration and other forms of alternative dispute resolution. Many of our litigators have particular insights and familiarity with commercial disputes that arise within the context of practice areas and industries we serve. Thus, for example, our lawyers who have developed expertise with employment matters, education law, estates and trusts, tax, bankruptcies, public lands, oil and gas, mining, Indian law, environmental law and other subjects also are litigators themselves, or are adept at teaming with lawyers in our litigation-oriented practice groups. Examples include employment, education, estate planning, taxation, bankruptcy and creditors’ rights, public lands, oil and gas, mining, Indian law, and hazardous wastes and contaminated properties.
- Wills
- TrustsWe advise clients and prepare documentation for them regarding the many aspects of the estate planning process including: drafting of wills, inter vivos (living) and testamentary trusts, and supplemental estate planning documents such as powers of attorney and advance health care directives; and advice concerning charitable and non-charitable giving, including charitable trusts and private foundations, business succession planning, and other wealth transfer planning strategies. In addition to substantive knowledge, experience and skills in all matters relating to estate planning, we have a well-developed estates and trusts litigation practice. When it becomes necessary to litigate with regard to an estate or probate, our estate planning expertise combined with our litigation experience equals a formidable position of strength that facilitates our clients’ ability to negotiate, defend or pursue any issues that may arise in litigation and appeals.
- Power of Attorney
- Probate
- Bankruptcy
- ForeclosureWorking with lawyers in our Bankruptcy and Creditors’ Rights practice, Modrall Sperling’s banking lawyers support lending clients in assessing troubled loans, negotiation and documentations of restructuring and workout transactions, prosecuting foreclosure proceedings, and representation in bankruptcy proceedings.
- Tax LawWe serve New Mexico firm to New Mexico issuers of bonds, and we work diligently to help public issuers with sound advice and client service. The collective expertise of our lawyers in the areas of public finance and state and federal tax law allows us to provide comprehensive, professional services.
- Debt CollectionExperienced in helping lenders navigate the complex and ever-changing regulatory environment of consumer credit, we help lenders understand and comply with integrated disclosure, fair credit reporting, and fair debt collection regulations.