- DivorceCuddy & McCarthy offers resolution of family law matters through conventional litigation and “Collaborative Divorce.” Collaborative Divorce replaces the combativeness of litigation with a cooperative process that gives families resources and options unavailable in traditional divorce models.
- Child SupportAaron practices primarily in domestic relations, including divorce, custody, child support, adoption, and domestic violence cases. He continues to practice criminal law, including DWI, misdemeanors, felonies and children’s court matters. He also has a civil litigation defense practice.
- Child Custody and Visitation
- Adoption
- PaternityJulie Wittenberger joined Cuddy & McCarthy as a Partner in January 2009 after practicing as a shareholder and associate at White, Koch, Kelly & McCarthy, P.A. since 1996. She practices in the area of family law and has both a litigation and collaborative divorce practice. Julie has been recognized by the New Mexico Board of Legal Specialization as a Family Law Specialist since 2001 and has been selected by her peers for inclusion in The Best Lawyers in America in the area of Family Law since 2009. She represents individuals in all aspects of family law, including divorce, legal separation, custody matters, child support, paternity actions, grandparent rights, post-divorce litigation, adoptions, prenuptial agreements, postnuptial agreements, and cohabitation and separation agreements between partners and spouses.
- Premarital Agreement
- GuardianshipEntities to estate, trust and guardianship administration (including the representation of both fiduciaries and beneficiaries in contested probate and trust matters). We also advise clients on methods and tax effects of charitable giving and have assisted in the establishment and operation of private and publicly supported
- Spousal Support
- Legal Separation
- Criminal Defense
- DUI/DWICuddy & McCarthy represents clients in criminal proceedings such as: Administrative licensure Misdemeanors Felonies DWI Domestic violence Children's court matters …
- Wrongful DeathStephen Royce served as Managing Partner of Cuddy & McCarthy, LLP from 2019-2021, having joined the Firm in 2016 as a partner in the Albuquerque office, where he maintains a state-wide litigation practice serving clients in federal and state courts. He holds broad, cross-disciplinary experience in complex civil and commercial litigation matters, including the areas of banking, construction defect, fiduciary and probate and trust, insurance coverage and bad faith, long term care and nursing facility claims, and wrongful death and catastrophic injury matters. Mr. Royce was trial and lead prevailing appellate counsel in the New Mexico case of first impression establishing minority close corporation shareholders rights...
- MisdemeanorsAaron Wolf is a Partner at Cuddy & McCarthy, LLP and a former shareholder of White, Koch, Kelly & McCarthy, PA that he joined in 1988. Prior to joining the firm, Aaron served as Assistant Attorney General in the Attorney General’s Office and in the New Mexico Human Services Department. He then joined the New Mexico Public Defender Department, First Judicial District Public Defender, in the trial division, where he tried numerous felonies, misdemeanors and children’s court cases. In 1986, Aaron was appointed First Judicial District Defender and supervised the trial division until 1988.
- Corporate LawSanta Fe Partner Patrick Ortiz served for over 18 years as Senior Vice President, General Counsel and Secretary to PNM Resources, Inc. (PNMR), an energy holding company with public utility operations in New Mexico and Texas. During his 38 year legal career, he has been involved in matters related to all areas of regulatory authority under the New Mexico Public Regulation Commission and its predecessors, including serving as a commissioner on the former New Mexico Public Service Commission. His experience includes overseeing all legal matters that can affect a publicly traded company, including governance, litigation, commercial transactions and general business and corporate law matters. As do other members of the firm, Mr. Ortiz believes in prevention and being a problem-solver for the client. Prior to joining PNM, Mr. Ortiz was employed by U S WEST Communications as Chief Counsel-New Mexico.
- Mergers and AcquisitionsUpon graduation from law school, Mr. Garcia was Assistant General Counsel at the Kansas Corporation Commission, where he gained extensive experience in all aspects of administrative law and litigation in the regulation of public utilities, oil and gas production and motor carriers. He managed and prosecuted electric, natural gas, water utility, railroad and motor carrier cases; advised and made recommendations to five member Commission on deliberations and decisions on pending adjudicatory cases. Mr. Garcia was lead counsel for the Commission in electric and natural gas administrative proceedings before the FERC; and also lead counsel for the Commission in both the trial hearing and Commission deliberations in merger transaction involving the two largest electric utilities in Kansas. The Commission’s order from this case, which can be found at 127 PUR 4th 201 (Kan. S.C.C. 1991), is still a leading case in the industry setting the standards for evaluating the mergers and acquisitions of utilities.
- Business Formation
- Business DisputesDan Castille practices in the areas of employment law, school law, civil rights, banking and collections law, business law, commercial litigation and real estate. He is admitted to practice before all courts of the State of New Mexico, the United States District Court for the District of New Mexico, and the United States Court of Appeals for the Tenth Circuit and is a member of the business law and litigation section of the American Bar Association.
- Business TransactionsPrior to joining the Firm, Mr. Garcia was Of Counsel to Miller Stratvert, P.A., representing business and utility clients in litigation and regulatory proceedings before the New Mexico Public Regulation Commission (NMPRC); and he also developed legal strategies and advised clients in federal regulatory matters before FERC. Mr. Garcia represented business clients in various commercial transactions and contract negotiations; merger and acquisition transactions; real estate and land transactions; and advised clients regarding compliance with state and federal regulatory requirements, including defending utility clients in operational audits completed by federal regulators related to national electric reliability standards.
- Limited Liability CompaniesCuddy & McCarthy has experienced professionals who counsel corporations, limited liability companies, partnerships, non-profit corporations, boards of directors and independent business owners on issues ranging from start-up to exit strategies. We strive to understand a client’s objectives and goals as well business in order to be part of the best team for the success of the business.
- Construction ContractsMr. Kennedy came to the firm after five years in the New Mexico Attorney General’s Office, where he represented the State Board of Education, the State Department of Education, and a variety of state educational institutions and agencies in education-related litigation. In his current practice, Mr. Kennedy has developed sub-specialties in the areas of special education and disabilities law and litigation; real estate issues and litigation, particularly related to subdivision property owners association representation; public and private personnel and collective bargaining matters; contracts and procurement; real property acquisition; financing and development; building and construction contracts and disputes; personnel training and staff development; and mediation, arbitration and dispute resolution.
- Intellectual Property
- Wrongful TerminationWe provide both counseling and defense of lawsuits. We have successfully defended employers in all types of employment and civil rights proceedings, in state and federal courts and before administrative agencies. That record includes representation of public and private employers against wrongful discharge; breach of contract; sexual harassment; disability; age, gender, religious, national origin, and racial discrimination; and Family and Medical Leave Act claims. We have an even more extensive record of litigation on behalf of public employers in lawsuits involving civil rights claims, such as First Amendment retaliation, due process and equal protection violations, and other constitutional and statutory issues.
- Employment DiscriminationCarl Waldhart received his B.A. from Knox College (2015) and his J.D. from the University of New Mexico School of Law (2019). He is a licensed member of the New Mexico State Bar Association. Mr. Waldhart completed a legal externship with the New Mexico Department of Workforce Solutions in 2017, developing a background in employment, labor, and administrative law. In 2018, Mr. Waldhart externed with the Albuquerque Office of the Public Defender where he assisted with a wide spectrum of criminal litigation. That same year, Mr. Waldhart received his clinical training with the Economic Justice Division of the University of New Mexico Clinical Law Program, where he advocated for clients in complex civil litigation involving fair housing, employment discrimination, wage theft, and low-income entrepreneurship. During his clinical experience, Mr. Waldhart also focused on community lawyering and legislative advocacy projects with New Mexico-based nonprofit organizations. In 2019, he joined the Hatcher Law Group as an associate where he worked primarily in the areas of public sector litigation and insurance defense. In August 2022, Mr. Waldhart joined Cuddy & McCarthy, LLP as an Associate and continues to practice in the areas of public sector litigation and insurance defense. Mr. Waldhart is a member of the Young Lawyers Division of the New Mexico State Bar.
- Employment ContractPatricia Ives is a Partner at Cuddy & McCarthy and has practiced law with the Firm since 1987. Her primary practice areas are administrative and regulatory law, education law, employment law, Indian Law, litigation, public school bonds and finance, and telecommunications. She advises public and private employers on local, state and federal employment laws, employee complaints and grievances, employee handbooks and manuals, employment contracts, and other personnel matters. Patricia also advises telecommunications companies and other utilities on state and federal law, and advises public schools regarding board, bond and tax elections, as well as general obligation bonds and education technology lease-purchase issues.
- Employment LitigationMs. Kilgore has extensive experience in state and federal court litigation. She has been responsible for over 150 major cases in New Mexico and individual cases filed in federal courts in Oklahoma, Texas, Colorado and California. In many of these cases she represented state agencies, counties or municipalities and officials in civil rights actions involving First, Fourth and Fourteenth Amendment claims and employment claims. However, she has also represented plaintiffs in these areas. She currently represents the State of New Mexico through many of its departments, including the New Mexico Department of Veteran Services, Public Employees’ Retirement Association, Children, Youth and Families Department and New Mexico Highlands University.
- Non-compete Agreement
- Severance AgreementCuddy & McCarthy advises and represents a variety of public and private employers and individuals throughout New Mexico. Our expertise encompasses all aspects of federal and state law pertaining to employment and civil rights, in matters pertaining to recruitment, hiring, at-will employment, contracts, promotion, substance abuse, privacy, employee violence, harassment, “whistle-blowing,” disability accommodation, family and medical leave, reductions in force, severance agreements, references, discharge, and arbitration.
- Sexual Harassment
- Real Estate Litigation
- Construction LitigationReal estate or assisting clients when jobs do not work out as planned. We work with contractors, subcontractors, architects, engineers and other construction-related service and material providers, as well as individuals on construction of their principal residences and with developers building commercial projects. Our lawyers have also handled residential and complex commercial construction claims for both owners and contractors before arbitration panels and courts. Examples of our services include...
- Real Estate TransactionsCuddy & McCarthy provides a full range of legal real estate services with a result-oriented approach. Our experienced real estate attorneys are dedicated to designing and implementing the strategy and choosing the entity best suited to meet our clients’ objectives. Our clients include individuals, businesses, investors, landlords and tenants whose properties include residences, undeveloped land, ranches, subdivisions, and office, retail, industrial, multi-family and mixed-use sites. Our attorneys regularly represent owners through each stage of their real estate transactions: acquisition; zoning and
- Easement
- Land Use and ZoningCuddy & McCarthy’s land use attorneys understand the complexities of real estate projects, from conception to construction. We work with owners on commercial, multi-family and residential projects of all sizes to assist in securing necessary government approvals in municipalities and counties in Northern New Mexico. In doing so, we apply a thorough understanding of governing codes, procedures and general land use law gained from years of experience. We regularly represent clients in master plan and plat approvals, subdivisions, rezonings, variances, historic design review and annexation proceedings.
- Landlord-Tenant Disputes
- Property Damage
- Estate PlanningMs. Brinck is a member of Real Property, Probate and Trust Law Sections of the American Bar Association, the Colorado Bar Association, the New Mexico Bar Association, and the New Mexico and Santa Fe Estate Planning Councils. She is a member of the Rotary Club of Santa Fe and a former member of the Board of Directors of the Santa Fe Community Foundation, 1995-2004.
- WillsWhether you need help with a bond issue in Las Cruces, a complex real estate transaction in Rio Rancho, or elsewhere in New Mexico, a divorce, a home purchase, a will and trust, or a school board issue anywhere in the state, in local, federal or tribal court, Cuddy & McCarthy can provide quality legal services.
- TrustsThe attorneys at Cuddy & McCarthy have extensive experience in organizing and creating non-profit corporations and foundations and seeking nontaxable status for charitable, educational and scientific entities. The first step is determining whether a client’s proposed activities will qualify for tax-exempt status. Second, we seek input from the client about whether the entity be a “public charity”, “private foundation” or “supporting organization” and discuss the advantages and disadvantages of each. Next, we assist the client in choosing and creating the type of entity such as a nonprofit corporation, charitable trust, foundation or other entity that will work best. We then work closely with our client to complete the application to the Internal Revenue Service for tax-exempt status.
- Probate
- Bankruptcy
- ForeclosureOur attorneys have significant experience in workouts and restructuring of debt in ways that can be a “win-win” for all sides. Our litigators are experienced in adversary proceedings under the Bankruptcy Code and in foreclosures and workouts. Our real estate, banking, tax and commercial law attorneys add expertise in workouts and restructuring of debt.
- Tax LawWe also work cooperatively with other professionals in providing estate and trust administration services to our clients including post-mortem tax planning, income, estate, gift and generation-skipping taxes, as well as planning for closely held businesses, real estate, artwork and other unique properties.