Commercial Litigation

Our commercial litigators provide a broad range of business litigation services to business clients ranging from individuals and family-owned businesses to large corporations and financial institutions. We represent both plaintiffs and defendants in matters involving contract disputes, securities fraud, lender liability, employment, foreclosure, bankruptcy, intellectual property and bid protest litigation related to construction and government contracts. Our lawyers appear in tribal, state and federal courts, before numerous administrative agencies and in arbitration, mediation and other similar proceedings. We have extensive experience in managing and coordinating complex litigation involving multiple defendants in both state and federal courts, many involving state or federal officials. Our litigation skills include the willingness and ability to negotiate settlements when it is in the client’s best interest.

  • We successfully defended the co-owners of nationally acclaimed quarterhorse Dash Ta Fame against claims of violations of the New Mexico Unfair Practices Act, negligent misrepresentation and related wrongdoing, in a complicated multistate, multi-issue jury trial.
  • We represented an Indian casino consultant and management company from Las Vegas, Nevada, in a highly publicized appeal of a tribal gaming license revocation. Based in part on the successful appeal, the firm now represents the CEO and consultant in a federal lawsuit against various tribal officials, including the pueblo’s governor, for tortious interference with contracts.
  • We advanced important Eleventh Amendment issues in persuading the U.S. Bankruptcy Court that it could not issue certain types of orders or award damages in certain contexts against state agencies. We argued similar Eleventh Amendment issues to the Tenth Circuit after prevailing in Federal District Court to prevent federal jurisdiction over the New Mexico Highway and Transportation Department. We represented an ethanol plant in a multimillion-dollar arbitration proceeding against the plant’s design engineers.
  • We represented a restaurant chain in defense of action by a patron for damages of alleged foreign object in meal.
  • We represented an ammonia extraction plant in a lawsuit for damages against electrical design engineers and a public utility.
  • We represented a major bank in an action by a debtor claiming usury and fraud.
  • We successfully represented seller/secured creditor of a multimillion-dollar annual business contract in valuation and debt and money due dispute.
  • We represented a construction company in a claim for breach of contract, interference with contract and Racketeering Act violations arising out of an agreement to build a major office building in downtown Albuquerque.
  • We represented the state of New Mexico in a lawsuit by the U.S. government challenging constitutionality of state excise taxes on mining, milling and sale of uranium oxide to the Atomic Energy Commission.
  • We defended the state of New Mexico in a case by the Navajo Nation asserting ownership of approximately 2 million acres of land in northwest New Mexico.
  • We defended an architect whose negligence was claimed to have contributed to the escalation of a riot at the New Mexico State Penitentiary.
  • We represented an insurance consortium in a multimillion-dollar radioactive waste clean-up action.
  • We defended a communications utility company in an employment class action suit resulting from a major reduction in force.
  • We defended a designer and general contractor against claims ranging from $20 million to $60 million based on allegations of faulty design and construction and breach of contract.
  • We provided defense of a class action over lending practices and defense of an unrelated class action challenging the propriety of the payment of interest rate spreads.
  • We defended a local company in trade name infringement.
  • We defended a title company in the provision of title services.
  • We defended Winrock Mall (Prudential Insurance) in a variety of commercial disputes with tenants.
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