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Deciphering Title to 'Native American' Land: Turf Battle on a Checkerboard?
"Modal" Insurance Premium Class Action Litigation: Coming to a Courthouse Near You?
Salt River Project v. Lee Navajo Nation Held to Waive Regulation of Employment
1999 Federal Mining Law Update
ADA Amendments - Q & A for Employers
Alternative Disputes Resolution in Inter-Jurisdictional Disputes: An Industry Perspective
An Employee's Bankruptcy Can Assist New Mexico Employers Defend Against The Employee's Claims
Anatomy of Family Business Succession
Appearing in Tribal Court
Arbitration of Uninsured Motorist Claims Not Required
Are New Mexico Employers Required to Accommodate Obesity Under the ADA?
Assignments and Consent; Let's be Reasonable!
Assistant Secretary-Indian Affairs Issues Final Rule for Fee-to-Trust Procedures
Assistant Secretary-Indian Affairs Proposed Changes to Fee-to-Trust Procedures
Bad News in the Latest UN Report on Climate Change
Bagel Breakfasts are Back!
Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of "Native American culture" not enough to demonstrate narrowly tailored compelling interest
Be Wary When Dealing with Perceived Disabilities
Be Wary When Using Tests to Screen Job Applicants
Best Practices for Outside Counsel
BIA Issues Final Regulations Governing Residential, Business, and Wind and Solar Resource Leasing on Indian Lands
BLM Publishes New Rule for Hydraulic Fracturing; Oil and Gas Groups Bring Challenge
BLM's Controversial Hydraulic Fracturing Rule is Postponed Nationwide
BLM's Hydraulic Fracturing Rule Applicable to Indian Lands Is Back in Play—For Now
BLM's Mancos Shale APD Approvals Survive Preliminary Injunction Motion Brought Within a NEPA Challenge
BLM's Venting and Flaring Proposal
BNY V. Romero: Important Lessons For Foreclosure Practice in New Mexico
Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
Can You Challenge the Corps' Clean Water Act Jurisdictional Determinations Without First Going Through the Permit Process?
CERCLA Claims against United States and Laguna Pueblo Entities Dismissed
CGL Policy Covers Loss of Computer Data
Changes to the A201 - The Architect's Perspective
Charitable Giving, 2011
Commercial Lease Provisions and Issues
Commercial Real Estate Workouts And Foreclosure Issues
Competitiveness of New Domestic Nuclear Power In the Post-EPACT Environment
Confidentiality Agreements and Due Diligence
Confidentiality Agreements and Due Diligence
Considerations with Renewable Energy Development and Severed Mineral Estates
Constitution Day 2013 - Are You Smarter than a Fifth Grader?
Consultation Under the Endangered Species Act on the Klamath River
Court Rules Source of Water for the Rio Grande Project is Limited to Surface Waters; State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District, et al.
Cultural Resources Management: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)
D.C. Circuit Affirms EPA's Clean Air Act Treatment As States Rule
Dakota Access Controversy: Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Policy Review of Federal Government's Tribal Consultation Obligations, and Why This Matters to Us
Deal or no Deal? - Partial Dismissal of CERCLA Claims Against United States and Tribal Entities
Defense Win
Dependent Indian Communities: Existential Determination Impacts State and Federal (and Tribal?) Jurisdiction
Designation of Energy Corridors on Federal Lands
Despite Pollution Exclusions, Supreme Court Finds Insurance Coverage Possible for Uranium Mining Company's Legacy Sites
Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)
Discovery Rules Do Not Necessarily Rule in Wrongful Death Claims
Does the NLRB Have Jurisdiction over Tribal Entities? Congress or the 6th Circuit May Decide
EEOC Issues New Wellness Program Rules
EEOC Recommends Pro-active Training and Well-defined Policies to Help Employers Protect Themselves Against Costly Employment Lawsuits
Eighth Circuit Holds that Dish Network Must Exhaust Tribal Remedies
Employee Dress Codes: Balancing The Image Of The Company With the Individual Rights Of Employees
Employees' Right to Reinstatement Under FMLA
Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico
Employer Liability for Employee Conduct: When Does an Employee Have to Pay?
Employer's Failure To Act on a Complaint Leads to Title VII Liability
Employers' Need to Know: Employees' Rights to Privacy
Endangered Species Act Issues Relevant to Public Lands
Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Environmental Compliance Considerations for Developers of Indian Lands
Environmental Groups Sue to Stop Fracking Near Chaco Canyon
Environmental Regulation on Indian Lands: A Business Perspective
EPA Assesses Potential for Hydraulic Fracturing to Impact Drinking Water Sourcesi
EPA Issues Draft Guidance On Design Of Flexible Air Permits
EPA Publishes Final Resource Conservation and Recovery Act Hazardous Waste Generator Improvements Rule
EPA's Final Assessment Regarding the Impact of Hydraulic Fracturing on Drinking Water Resources
Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers
Exhaustion Of Tribal Remedies: Jurisdiction, Geography, And The Interests Of The Litigants
Favorable Employment Law Decision in Garcia v. APS
Federal Agencies Subject to the Data Quality Act
Federal Court Invalidates Federal and Indian Gas Leasing Rule
Federal District Court Sets Aside Fish and Wildlife Service's 30-Year Take Permit Rule Under Bald and Golden Eagle Act
Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
FLSA Applies to Business Located on Tribal Land
Foundations for Courtroom Excellence
Four Changes to BIA's Right-Of-Way Regulations That Grantees and Applicants Should Know
French Court Allows Auction of Sacred Hopi Artifacts to Proceed
General Mining Law of 1872 Does Not Preempt New Mexico's Exploration Permitting Regime
Grand Canyon Sky Watch Arizona Federal Court Addresses Arbitration Enforceability
Guidance for Employers Dealing with Mental Illnesses in the Workplace
Guidance for New Mexico Employers: Criminal Background Checks for Job Applicants
Guidance for New Mexico Employers: Misclassification of Independent Contractors
Handling the Application, Lease, Transfer, and Sale of Water Rights
Has the Social Security Administration's "No Match" Letter Met its Match?
HIPAA for New Mexico Covered Entity Employers: Avoiding Penalties
How the New FLSA Regulations May Impact You and Your Company
Indemnification Clauses after Safeway
Indian Country: Courts Split on Test and Outcome
Indian Law Cases Pending Before the Supreme Court Worth Following
Indian Reserved Water Rights: Groundwater Included
Indigenous Peoples' Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Indigenous Peoples' Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior, and Informed Consent
Indirect Purchaser Antitrust Claims On The Rise In New Mexico
Intermediate Sanctions
International Environmental Claims Against Mining Company Rejected
IRS Concludes Tribe May Pass on to Lessee Investment Credits Associated with Renewable Energy Asset
Is Closeness In Time Enough to Establish Retaliation
Is Federal Court the Right Court? Jurisdiction, Venue and Local Court Procedure
Jemez Pueblo's Aboriginal Title Claims to the Valles Caldera Dismiss; Pueblo Appeals
Joint Development of Potash and Oil and Gas Reserves; The Tenth Circuit Defers to the IBLA Rather than to BLM
Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms
Jurisdiction over Suits Against Tribal Entities or Employers
Labor and Employment Issues in Indian Country: A Non-Indian Business Perspective
Legal Handbook For School Administrators
Legal Malpractice State of New Mexico
Miles From Three Mile Isle; Warming To Nuclear Energy
Mineral Reservation Clause Allowing Mining Did Not Constrain Surface Owner's Public Opposition
Mining Commission Adopts Procedural Rules
Modrall Sperling Obtains a Defense Verdict After a Five day Jury Trial on Title VII
Modrall Sperling's Recent Successes for New Mexico Employers
Native American Trust Asset Reform Act Becomes Law: New Tribal Options, Questions Unanswered
Natural Resources In and Around Indian Country
Navajo Nation Labor Commission Rules it Lacks Jurisdiction
New Mexico Adopts More Stringent Uranium Ground Water Standard
New Mexico Court of Appeals Affirms Ruling that a Parcel Within the Former Fort Wingate Military Reservation is "Indian Country"
New Mexico Court of Appeals Clarifies the Circumstances Under Which an Insurer is Subrogated
New Mexico Court of Appeals Rejects Discovery Rule in Wrongful Death Act Claims
New Mexico Court of Appeals Says No To Federal Reserved Water Rights for State School Lands
New Mexico Court of Appeals Split Opinion Rules Tribal Sovereign Immunity Does Not Apply in Action to Declare Road Status on Tribal Fee Land
New Mexico Employers Can Limit Liability Under The Faragher-Ellerth Defense
New Mexico Has Some Unique Employment Laws
New Mexico Mining Commission Narrowly Expands Minimal Impact Permitting Opportunities for Certain Mining Operations
New Mexico Oil Conservation Commission Adopts New Produced Water Regulations
New Mexico Senate Bill 387 - Proposed Overhaul of the Natural Resources Trustee Act
New Mexico State Court Judge Grants Summary Judgment For Employer in Medical Marijuana Case
New Mexico Supreme Court Reinstates Regulatory Takings
New Mexico Supreme Court Validates Designation of Mt. Taylor as a Traditional Cultural Property1
New Mexico's Learned Intermediary Doctrine: On the Ropes?
New Mexico's Mancos Shale Development: "Go Ahead" to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals
New Mexico's Whistleblower Statute 101: A Crash Course
New Rules and Draft Policy on Critical Habitat Designations
New Rules For Participation In Employer Wellness Programs Proposed
Ninth Circuit Decides "Snowbowl" Case
Ninth Circuit Holds Tribal Court Lacks Jurisdiction Over Federal Trademark Infringement and Related State Law Claims
No Age Discrimination When Replacement Not Substantially Younger
No Mora Moratorium on Drilling
Overview of Federal Rule 68 v. New Mexico Rule 1-068
Overview of the Twelve Objectives in New Mexico's New Energy Plan
Petroglyphs And Lithic Scatters: Management Prescriptions For Historical, Cultural, And Archeological Resources
Potsherds And Petroglyphs: Effects Of Cultural Resources Management On Public Lands Development
Preferential Rights and Exculpatory Clauses
Professor Kevin Washburn: Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico
Proposed FMLA Bill (2/09)
Protecting New Mexico Employers from Inadvertent FMLA Violations: What can your employee do (or not) while on FMLA leave?
Pueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim – Unique Circumstance or Cloudy Title on the Horizon?
Puzzling Powers: Tribal/Federal/State Jurisdiction in Indian Country
Recent Cases Confirm Sovereign Immunity
Recreational Release Enforced: Modrall Sperling Obtains Summary Judgment for Indoor Climbing Gym Sued for Negligence
Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members
Resolving Gender Conflict In The Workplace: Consensual and Nonconsensual Conduct
Revised Draft Guidance Regarding Greenhouse Gas Emissions and Climate Change in NEPA Reviews
Sacred Sites and Cultural Resource Protection: Implications for Mineral Development On -- And Off -- Indian Lands
Same Sex Marriage: What Do Employers Need to Know?
Scientific Opinions: Differences Between Federal and New Mexico Law
Seismic Operations Held Subject to Notice and Negotiation Requirements of Surface Owners Protection Act
Sexual Harassment Not Limited to Male Against Females
Sizing Up Traditional Cultural Property in New Mexico
Southern Ute Sues to Bar Applying BLM's Fracking Rule to Tribal Oil and Gas
Speaking Engagements
State Taxation Precluded by Extensive and Exclusive Federal Regulation of Indian Leasing
Statutes of Limitation in 1983 Claims
Sued in Tribal Court?
Supreme Court Reaffirms That State Tort Claims Against Railroads Based on Alleged Inadequacy of Warning Devices at Crossings Are Preempted By Federal Law
Tenant Checklist for Commercial Leases
Tenth Circuit Addresses "Indian Country"
The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend
The BLM's New Venting and Flaring Rule: Potential Future Developments
The Clean Air Act "Treatment As States" Rule
The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps
The DOL's New FLSA Regulations - Millions Entitled to Overtime Wages Beginning December 1, 2016
The End of the Federal Pre-emption Defense?
The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects
The Federal Trust Responsibility
The Grand Canyon Sky Walk, Continued: Bad Faith, Jurisdiction, and Who's On (the Bench) First
The Impact of Atkinson on "Treatment as States" Jurisdictional Determinations
The Navajo Supreme Court Highlights Importance of Jurisdiction to Tribal Courts
The NEPA Process: What Do We Need To Do And When?
The Pueblo of Sandia's Leasing Regulations and What Businesses Need to Do to Enter into Leases
The Silver Lining: Efficiencies in BIA's Newly Effective Right-of-Way Regulations
Three Barriers In The Nuclear Power Steeplechase
Three Things New Mexico Employers Should Know for 2017
Tips for Conducting Employee Investigations
To Evaluate or Not to Evaluate? A Question for New Mexico Employers
Top Ten (More or Less) Ethical Issues in the NEPA Process
Top Ten (More or Less) Ethical Issues in the NEPA Process
Tribal Employment Laws: Legal and Cultural Considerations
Tribal Employment Preference Laws
Tribal Employment Preferences and Employee Protection Laws
Tribal Nations, CERCLA Litigation, and Sovereign Immunity
Tribal Payday Lending
Tribal Sovereignty and Lending in Indian Country
Tribal-Industry Partners in Resource Development
Turning Guano into Gold
Understanding and Planning for How Bankruptcy Might Impact Responsibility for Environmental Liabilities
United States Supreme Court Holds Tribal Courts Are Not Courts of "General Jurisdiction"
Unrelated Business Taxable Income
Update on Challenge to U.S. EPA's Waters of the United States Rule
Update on Medical Marijuana and Employment Law in New Mexico
Update on Reverse Discrimination Claims in New Mexico
Update on Water Law
Washington Court Rules Property Tax Incentive Benefitting Indian Tribes Is Unconstitutional
Water and Renewable Energy Generation in the Western United States: An Overview of Current Challenges and Opportunities
Water Rights as Collateral – Challenges and Considerations in Protecting and Assigning Value
What Employers Need to Know About New Mexico's Domestic Abuse Leave
What Lenders Are Looking For in a Small Business
What New Mexico Employers Need to Know about the U.S. Supreme Court's Recent Decision Regarding Constructive Discharge Claims
Wills and Trusts, 2011
Wind Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development
Articles & Alerts
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Events
15th Annual Indian Reserved Water Rights Claims Symposium
2012 Deal Stream Summit
A Year in Review: Key U.S. Labor and Employment Law Developments in 2015 and What to Expect in 2016
Brian Nichols to Present at Tribal Employment Rights & Law Seminar
Butzier, Stevenson Present Paper in Colombia
Deana M. Bennett to speak at Tribal Economic Development Conference
Drafting Agreements to Avoid Disputes
Joan Drake Update on Transmission Projects
Maria O'Brien to Present at Law of the Rio Grande Conference
Marjorie Rogers to Present on Tax Exempt Organizations
Meg Meister at Real Estate Seminar
Presentation by Maria O'Brien and Deana Bennett
Spencer Edelman to Speak at Foreclosure Seminar
Susan Miller Bisong to Present at Water Law CLE
Tax Exempt Organizations from Start to Finish
Tribal Employment Rights Seminar
Tribal Energy in the Southwest Conference
Tribal Energy presentation by Bill Scott and Stan Harris
Tribal Water Law Conference
Walter Stern and Joan Drake to Present Papers in Denver in April
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75 Years Strong, Modrall Sperling Law Firm
Affirming A State's Sovereignty Over Its Allocated Water, Supreme Court Upholds Red River Compact
ALS Walk
American Bar Association Honors Garcia
And The Defense Wins
Anne Bingaman Returns to her Legal Roots
Associates Provide for Area Homeless
BHP Billiton Sells Navajo Mine Coal Company to Navajo Nation
Complex Sale Preserves Economic Opportunities in Four Corners
Court Rules Source of Water for the Rio Grande Project is Limited to Surface Waters; State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District, et al.
Cristina Mulcahy and Benjamin Nucci Join Firm
Dahlia Dorman Appointed to ABA's Young Lawyer Leadership Program
Deana Bennett Selected Chair of NREEL Section of State Bar of New Mexico
Dennis J. Falk (1938 - 2012)
Despite Pollution Exclusions, Supreme Court Finds Insurance Coverage Possible for Uranium Mining Company's Legacy Sites
Doug Schneebeck (1960-2016)
Doug Schneebeck completes El Tour de Tucson
Employees At Modrall Sperling Raise Funds To Help APS Title I Homeless Project
Employees Volunteer at Roadrunner Food Bank
Federal Court Rejects Challenge to Development of Wind Farm
Federal Employment Case Verdict
Ice Bucket Challenge Honors Retired Partner Doug Schneebeck
Inaugural issue of Modrall Matters newsletter released
Joan Drake Named Chair of New Mexico First
John Cooney Addresses Natural Resources Lawyers on Ethics
John Cooney's Recent Presentation
Karen Fricks Hired as Director of Accounting/Controller
Law Firms Care for Homeless During the Holidays
Lisa Mann (1951 - 2013)
Lorena Olmos Interview in Super Lawyers® Magazine
Lucero to Chair Paralegal Division
Lynn Slade Elected to The American Law Institute
Marco Gonzales Named Goodwill Ambassador by New Mexico Amigos
Max J. Madrid (1967 - 2012)
Medical Marijuana In The Workplace
Medical Retirement of Max Madrid, Stalwart Litigator
Meg Meister Named Incoming Chair of Greater Albuquerque Chamber of Commerce
Megan Muirhead - New Shareholder at Modrall Sperling
Megan Muirhead Returns to Modrall Sperling
Mia Kern on Advisory Committee for Children's Law
Michael Anthony Hired as Chief Operating Officer of Modrall Sperling
Michelle A. Hernandez Elected President of New Mexico Defense Lawyers Association
Michelle Hernandez Appointed Regional President of Hispanic National Bar Association
Michelle Hernandez Elected Vice Chair Albuquerque Hispano Chamber of Commerce
Michelle Hernandez Speaks at Youth Entrepreneur Event
Modrall Sperling Announces New Department Heads
Modrall Sperling Attorneys Support First Responders Event
Modrall Sperling Hires Eight New Associates
Modrall Sperling Hires Six New Associates for the Albuquerque Office
Modrall Sperling is Pleased to Announce New Shareholders
Modrall Sperling Launches Giving Campaign for 75th Anniversary
Modrall Sperling Lawyer Named Good Samaritan by Albuquerque Mayor
Modrall Sperling Obtains Defense Verdict in Wrongful Death Case
Modrall Sperling Plays Key Role in Historic Water Rights Pact
Modrall Sperling Provides Scholarships
New Mexico Water Legislation Update for 2015
New Shareholder, 2012
New Shareholders
New Shareholders – Deana M. Bennett and Tiffany Roach Martin
Roberta Cooper Ramo Receives ABA's Highest Honor
Roberta Cooper Ramo Receives Inaugural Harvard Honor
Roberta Ramo Elected to the Academy of Arts and Sciences
Roberta Ramo to receive ABA Medal
Shareholder Marjorie A. Rogers Elected as Fellow of the American College of Trust and Estate Counsel
Stuart Butzier Awarded New Mexico Mining Association Professionalism Recognition
Stuart Butzier Named Secretary of Rocky Mountain Mineral Law Foundation
Summer Associates Visit Albuquerque Museum
Summit Petroleum Corp. v. United States Environmental Protection Agency, Sixth Circuit rejects EPA's definition of "adjacent" and vacates EPA's single source determination
Susan Bisong and Donald DeCandia Achieve Highest Rating from Martindale Hubbell
Susan Stockstill (1951-2013)
Team Enjoys Terrific 2011-2012 Season of Hoops
Tenth Circuit Finds for Navajo Mine
Tiffany Roach Martin - 40 Under Forty
Tiffany Roach Martin appointed Vice President of the Tenth Circuit Historical Society
Tiffany Roach Martin Receives AV® Rating
Tiffany Roach Martin Selected to DRI Young Lawyers Steering Committee
Tomas Garcia Named ABA Business Law Fellow
Tomas Garcia Named Young Lawyer of the Year
Tomas J. Garcia Receives AV Rating from Martindale-Hubbell
Tricore Wins Disability Discrimination Suit Brought by The EEOC
Two Trailblazing ABA Presidents Meet at UNM School of Law
Walter E. Stern Selected NREEL Lawyer of the Year
Water deal is key for U.S., Mexico
Young Lawyer of the Year
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Alex C. Walker
Andrew B. Indahl
Anna E. Indahl
Arthur D. Melendres
Brian K. Nichols
Christina C. Sheehan
Christopher P. Muirhead
Cristina A. Mulcahy
Daniel M. Alsup
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Donald A. DeCandia
Douglas R. Vadnais
Earl E. DeBrine
Elizabeth A. Martinez
Emil J. Kiehne
Emily Chase-Sosnoff
George R. McFall
James M. Parker
James P. Houghton
Jennifer A. Noya
Jennifer G. Anderson
Jennifer L. Bradfute
Jeremy K. Harrison
Joan E. Drake
John R. Cooney
Karen L. Kahn
Katherine M. Creagan
Larry P. Ausherman
Luke W. Holmen
Lynn H. Slade
Marco E. Gonzales
Margaret Lewis Meister
Maria O'Brien
Marjorie A. Rogers
Martha G. Brown
Megan T. Muirhead
Meghan H. Mead
Mia Kern Lardy
Michelle A. Hernandez
Nadine E. Shea
Nathan T. Nieman
Paul M. Fish
Peter L. Franklin
R. E. Thompson
Roberta Cooper Ramo
Robin E. James
Ruth M. Schifani
Sarah M. Stevenson
Sonya R. Burke
Spencer L. Edelman
Stan N. Harris
Stuart R. Butzier
Susan Miller Bisong
Tiffany L. Roach Martin
Timothy C. Holm
Timothy L. Fields
Tomas J. Garcia
Vanessa C. Kaczmarek
Walter E. Stern
Zachary L. McCormick
Zoë E. Lees
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