Articles

Mandatory Arbitration in Health Care Claims
January 29, 2010

In the realm of contract law, lawyers often deal with various long-arm transactions between sophisticated commercial entities. Often, these contracts contain binding arbitration clauses in an effort ...

Modrall Sperling Obtains $44 Million Jury Verdict
January 12, 2010

Client Guidance Endo prevails against industry giant DENTSPLY...

Modrall Sperling Tax Alert
December 29, 2009

Facing a substantial projected revenue shortfall, the New Mexico legislature is very likely to address a number of measures to increase taxes in the upcoming legislative session, which runs from Janua...

Developing Energy Projects on Federal Lands: Tribal Rights, Roles, Consultation, and Other Interests (A Developer's Perspective)
September 11, 2009

This paper will examine the roles that tribes may play in the development of energy projects on federal public lands....

Indian Country: Courts Split on Test and Outcome
August 24, 2009

In two recent decisions, state and federal courts in New Mexico have developed different tests to determine whether land is "Indian country." Predictably, the two tests have led to different results....

The End of the Federal Pre-emption Defense?
July 23, 2009

A highly anticipated United States Supreme Court decision may greatly reduce the opportunity for defense attorneys to successfully raise federal pre-emption arguments....

Ninth Circuit Decides "Snowbowl" Case
2009/04/22

Ninth Circuit Holds Tribal Court Lacks Jurisdiction Over Federal Trademark Infringement and Related State Law Claims
2009/04/03

Designation of Energy Corridors on Federal Lands
March 25, 2009

Forest Service Issues Notice of Availability of Record of Decision for the Designation of Energy Corridors on Federal Land in Western States...

EPA Issues Mandatory Greenhouse Gas Reporting Regulations
2009/03/11

PROPOSED FMLA BILL (2/09)
2009/02/17

New Mexico Senate Bill 387 - Proposed Overhaul of the Natural Resources Trustee Act
2009/02/13

New Mexico House Bill 520 - Consolidated Environmental Review Act: A Wolf in Sheep's Clothing?
2009/02/06

In-House Corporate Communications: Attorney-Client Privilege and Document Disclosure Obligations in Litigation
2009/02/03

State of New Mexico To Consider State-Wide Cap on Greenhouse Gas Emissions and Mandatory Reduction of Greenhouse Gas Emissions
2009/01/21

Navajo Nation Labor Commission Rules it Lacks Jurisdiction
2009/01/21

Labor Department finalizes new Family Medical Leave Act (“FMLA”) Regulations
November 14, 2008

On Thursday November 13, 2008, the Labor Department announced that revised regulations implementing the FMLA will be published in the Federal Register on Monday, November 17, 2008....

New Mexico Court of Appeals Says No To Federal Reserved Water Rights for State School Lands
October 13, 2008

On September 24, 2008, the New Mexico Court of Appeals ruled unanimously that lands granted to the State of New Mexico in 1912, on the occasion of New Mexico becoming a state, do not enjoy the benefit...

ADA Amendments - Q & A for Employers
September 28, 2008

Both the Senate and the House of Representatives have passed the ADA Amendments Act of 2008 (“ADAAA”). The Senate approved the bill (S. 3406) on September 11th, and the House subsequently...

New Mexico’s Learned Intermediary Doctrine: On the Ropes?
September 12, 2008

On August 22, 2008, New Mexico’s United States District Court Judge James O. Browning issued a memorandum opinion and order on Eli Lilly’s motion for summary judgment in a case involving a...

Plains Commerce Bank v. Long Family Land and Cattle Company
August 07, 2008

U.S. Supreme Court Clarifies the Scope of Tribal Civil Jurisdiction Over Nonmembers...

Navajo Nation Enacts Tribal Superfund Law
August 05, 2008

On February 26, 2008, the Navajo Nation Council enacted the Navajo Nation Comprehensive Environmental Response, Compensation, and Liability Act, N.N.C. §§ 2104-2805, also known as the Navajo Superf...

Modrall Sperling Named a Go-To Law Firm for Technology Industry by American Lawyer
July 10, 2008

Modrall Sperling has been selected as a "Go-To Law Firm for Leading Technology Companies" by American Lawyer Media for 2008. In-House Law Departments at the Leading Technology Companies, published by ...

Employer Liability for Employee Actions
November 14, 2007

Every employer is concerned about potential liability for the tortious actions of its employees. Simply stated: Where does an employer’s responsibility for its employee’s actions end, the ...

Employees’ Right to Reinstatement Under FMLA
November 13, 2007

One of four articles in the Winter 2007 edition of the Employment Law Briefing newsletter, this article focuses on a case in the Fourth Circuit in Csicsmann v. Sallada (an unpublished decision), which...