Practice Areas

Modrall Sperling attorneys practice in most areas of civil law. Click on a practice area below for a summary of each area, attorneys practicing in that area, and any related articles available on-line. Or use the search box below to search for information on a specific topic.

Practice Area Description
Alternative Dispute Resolution and Evaluation We are committed to exploring opportunities to evaluate and resolve disputes by means other than traditional litigation. Effectively managing, resolving, or representing a client in alternative dispute resolution (“ADR”) can require different skill sets and attitudes from traditional litigation.
Antitrust We have provided antitrust counseling and defended clients against claims of violations of the federal and state antitrust laws in matters involving many industries, including natural resources, manufacturing materials, transportation, drugs, vitamins, and consumable products.
Appellate Cases We regularly handle appeals in all appellate courts of the State of New Mexico, the Tenth Circuit Court of Appeals and the United States Supreme Court. We also handle or assist on appeals in selected areas in state and federal appellate courts across the nation.
Aviation We represent manufacturers of fixed wing aircraft, helicopters, tilt rotor aircraft, aircraft engines, aircraft parts, pilots, fixed base operators, providers of aircraft maintenance, storage, and/or transportation services, and others involved in the aviation industry concerning aviation accidents and related litigation.
Banking Law We have served banks, bank holding companies, institutional lenders, businesses and individuals as lenders and borrowers since the inception of the firm. Lawyers in the firm have assisted clients in virtually every aspect of banking, lending and borrowing.
Bankruptcy and Creditors' Rights The firm's attorneys have represented creditors, committees, and trustees in a broad range of businesses from small sole proprietorships to large national corporations. We have represented individuals and corporations, and are sensitive and responsive to the needs and situations of each client that entrusts us with their work.
Business, Corporate and Partnerships Modrall Sperling has a team of lawyers experienced in all aspects of forming and managing a business. Modrall Sperling attorneys are able to assist clients in determining the appropriate form for the business to take under New Mexico or other law, including limited liability companies, sole proprietorships, partnerships or corporations. Our attorneys also counsel clients on the federal and state tax implications involved in the choice of entity.
Civil Rights We have extensive experience and expertise advising governmental entity clients with respect to compliance with local, state and federal civil rights laws, as well as litigating claims brought under the state and federal constitutions and other civil rights statutes, such as 42 U.S.C. Section 1983, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans With Disabilities Act, and the New Mexico Human Rights Act.
Class Action and Mass Torts Class actions come in many varieties involving consumer and commercial disputes of all sorts. The firm has experience with state-wide and nation-wide claims, including direct and indirect purchaser antitrust actions, natural resources royalty disputes, and numerous product, insurance, securities and consumer claims.
Commercial Litigation Our commercial litigation lawyers have significant experience representing clients on a broad range of commercial and business related disputes that result in lawsuits. For example, the firm represents clients in contract litigation; unfair trade practices claims; warranty disputes; allegations of intentional and negligent misrepresentation or fraud; collection of accounts receivable or loans; RICO claims; securities litigation; First Amendment/media disputes; and real estate transactions gone sour.
Construction and Design The practice of construction and design law in NM requires experience in project management and design along with practical considerations of the industry and the relationships between parties that can lead to disputes. Effective advice also requires a working knowledge of the statutes, regulations, agency interpretations, and common law rules.
Cultural and Historic Resources Our cultural and historic resources practice includes representation of industry clients in the cultural resources management arena, including counsel, administrative appeals, and litigation services.
Education School boards and school administrators face difficult, and often complex, legal obligations. Modrall Sperling has the resources and experience to assist school boards and educators with their day-to-day legal responsibilities, as well as to handle all aspects of school law-related litigation.
Employee Benefits and ERISA We advise our clients regarding many benefits issues including: ERISA procedure and compliance, deferred compensation, executive compensation, and employee benefits; 401(k) plans, fringe benefit programs, cafeteria and profit sharing plans, ESOP's, incentive stock option plans, medical expense reimbursement plans, "rabbi" trusts, and dependent care assistance plans, for both exempt or non-profit corporations and non-exempt business corporations and other entities.
Employment and Labor Our employment and labor law attorneys believe effective representation requires a clear understanding of a client's business and objectives as well as knowledge of federal and New Mexico employment and labor laws. Our goal is to understand a client's business and objectives so that we can efficiently apply our knowledge and experience to a client's employment-related problems.
Energy and Utilities In response to the rapid changes affecting energy, telecommunications and water markets, representing entities before New Mexico's utility regulatory commission - the Public Regulation Commission ("PRC")- is a significant area of Modrall Sperling's practice. Our attorneys are well-versed in New Mexico's electricity, natural gas, telecommunications, water and utility legislation.
Environmental Modrall Sperling has practiced environmental law in New Mexico since the early days of federal and state environmental legislation and regulation. Our attorneys have handled significant litigation, permitting and compliance issues under nearly all of the federal and New Mexico environmental laws now facing industry and individuals.
Estate Planning Modrall Sperling’s estate planning practice is based upon the experience and education of its members which covers the broad range of issues arising in the area. Many of the firm’s estate planning practitioners have advanced legal degrees in taxation, which allows them to negotiate the intricacies of federal tax law while addressing the client’s estate planning needs.
Federal Taxation We represent our clients through all possible stages of the tax cycle, from planning a tax strategy or course of action, to litigation in U.S. Tax Court or federal district court and appeals should the need arise. We are also experienced in all phases of the federal tax controversy resolution process beginning with representation at audits through appeals and negotiation of settlements.
Healthcare The Modrall Sperling Healthcare Industry Service Group offers healthcare organizations and providers a broad spectrum of legal services attuned to the strategic and operational issues confronted in an ever-changing environment. The Healthcare Industry Service Group includes lawyers with diverse backgrounds including business, operations, finance, tax, employment, lobbying and litigation.
Indian Law Doing business on or near Indian lands presents unique issues and challenges. Our Indian law attorneys help clients structure transactions, negotiate effectively and craft agreements that maximize the predictability and enforceability that can be elusive in Indian lands transactions. We advise clients regarding the scope and extent of state, federal, and tribal jurisdiction to tax, regulate or resolve disputes, and are experienced in drafting agreements to maximize enforceability in light of the federal Indian law doctrines of tribal sovereign immunity and exhaustion of tribal remedies.
Insurance Our experience representing primary and excess insurers extends to litigation challenging comprehensive general liability, professional liability, homeowners, automobile and personal property insurance coverage. We also represent insured parties in negotiations and litigation arising out of insured events. That representation involves defending insured parties against claims of legal malpractice, products liability, employment practices, personal property damage and personal injury.
Intellectual Property For decades, our firm has helped individuals, and small and large businesses protect their valuable intellectual property assets. Our IP practice includes the areas of trademarks, copyrights, trade secrets and unfair competition. Our firm handles a broad range of IP matters, including federal and state registrations, licensing and publishing agreements, and confidentiality arrangements. We are particularly strong in IP litigation and dispute resolution, having represented many clients in numerous infringement and unfair competition disputes.
Litigation The firm's attorneys have a wealth of background in litigation. Our more senior litigators have been trying cases for well over 30 years and have been involved in some of the most significant litigation in New Mexico. Modrall Sperling is regularly involved in litigation in New Mexico's thirteen State District Courts. We have also been involved in specific kinds of litigation (for example, oil and gas, Indian law, products liability) in cases in courts in other states, or with a national focus.
Lobbying Before the State Legislature, we lobby for such clients as General Motors, Molina Healthcare, Mortgage Finance Authority, Newmont Mining, TIAA-CREF, Verizon Wireless, Albuquerque Public Schools and a wide variety of individuals and businesses. Our practice before various city and county bodies concerns zoning, real estate development issues and telecommunications matters. We are particularly well suited to address lobbying issues at the state and local level because of the breadth of experienced attorneys available in most areas of substantive law.
Mining Our extensive mining and minerals experience includes representation relating to coal, hardrock, precious metals, energy fuels, construction aggregates and specialty minerals. We represent clients in a wide range of mining and milling matters including leasing, joint ventures, like-kind exchanges of mineral properties, mergers and acquisitions, mineral development on private, public and Indian lands, claim staking and location, conveyancing, and environmental and non-environmental regulatory permitting and compliance.
Oil and Gas We represent our oil and gas clients in all aspects of business transactions, taxation, real estate matters, agency proceedings, public and Indian lands development, torts and civil litigation. Our transactional experience includes review and drafting of agreements relating to the financing, development, operation and transfer of oil and gas properties, including operating agreements, unitization agreements, Indian mineral development agreements, liens, gas purchase contracts, and transportation contracts. We represent clients before state and federal administrative agencies charged with responsibility for royalty collection and the development of the state's oil and gas resources. We also provide advice regarding ownership and prepare title opinions.
Products Liability We have experience representing clients in products liability cases involving a wide variety of products, including: aircraft, motor vehicles, guns, construction and other equipment, pharmaceutical products, and medical products and devices. Our firm has been involved in products liability litigation concerning national issues including breast implants, diet drugs, the Dalcon shield, asbestos, and L-tryptophan. We have extensive experience in complex litigation involving multiple defendants, class action litigation, and multidistrict litigation.
Professional Liability Modrall Sperling regularly represents professional clients in a broad range of professional liability (often also called "malpractice") matters. Our lawyers evaluate, counsel, and defend or pursue claims of professional liability. We have handled malpractice claims concerning diverse types of professionals, including attorneys, doctors, hospitals, nurses, psychologists, and other medical and dental providers, and professionals in real estate, accounting, engineering, insurance, brokerage and other fields.
Public Finance Modrall Sperling's bond practice has been built on our attention to detail in all aspects of public finance, coupled with a sincere appreciation of each issuer's concerns and priorities. The firm is proud of its service as a New Mexico firm to New Mexico issuers of bonds and works diligently to help public issuers achieve their financial goals through sound advice and client service.
Public Lands Modrall Sperling lawyers advise and represent large and small businesses and individuals in matters relating to their activities on our federal and state public lands. Our goal is to help our clients be effective and efficient in meeting the complex challenges presented by doing business on public lands.
Public Policy
Railroads Our experienced and knowledgeable lawyers have many years of experience in railroad law, civil litigation, trial practice and alternative dispute resolution. We are actively involved in the National Association of Railroad Trial Counsel, and regularly attend national seminars to keep apprised of current developments in this area of law. We have represented the Burlington Northern Santa Fe Corporation and its predecessors in New Mexico for many years and have represented Burlington Northern Santa Fe and other railroads in other parts of the country on Indian law matters.
Real Estate and Zoning Our real estate lawyers represented buyers and sellers of commercial property, mineral properties, ranches, property held for conservation purposes, and property to be developed for residential use. We work with tax free exchanges, federal land exchanges, and real estate issues arising from the ownership and transfer of mineral estates and water rights. We provide advice to landlords and tenants regarding leases and perform significant retail lease work.
Regulatory Practice Modrall Sperling attorneys represent a variety of clients on state and federal regulatory matters. At the state level, representing entities before the New Mexico utility regulatory commission - the Public Regulation Commission ("PRC") - is a significant area of Modrall Sperling's practice. Our attorneys are well-versed in New Mexico's electricity, natural gas, telecommunications, water, and utility legislation and procedures.
Renewable Energy As states, tribes and businesses focus on commercially viable development of renewable energy resources, Modrall Sperling lawyers can assist developers and operators of wind, solar, biomass and geothermal projects find efficient solutions to their legal challenges.
State and Local Taxation We advise and represent clients regarding New Mexico's personal and corporate income taxes, and rather unique gross receipts and compensating ("use") taxes, as well as property taxation, liquor, excise, and tobacco taxation, and the various taxes imposed upon the oil, gas, coal and mineral and other industries active within the state. We have extensive experience addressing complex and cutting edge commerce clause, due process and apportionment issues that frequently arise in the context of multistate, multinational and out-of-state taxpayers, and taxpayers with complex corporate structures. We also assist clients in state tax business planning issues including seeking changes in policy, regulations and statutes.
Torts/Personal Injury Our lawyers have long defended parties in all manner of tort litigation including personal injury, wrongful death and insurance-related litigation. We have represented individuals, businesses, and insurance companies in suits involving automobile accidents, defamation, fraud, insurance bad faith, direct actions against insurance companies, intentional torts, interference with contractual relations, municipal liability, negligence, negligent misrepresentation, premises liability (slip and falls), slander of title, asbestos, toxic torts, and unfair trade practices.
Water Resources and Quality Our water law attorneys have experience in handling a wide range of administrative, transactional and litigation matters regarding water, including advising clients, assisting clients in perfecting water rights, obtaining permits, negotiating with government agencies and other parties, and complying with the regulatory requirements of federal, state, and local agencies. We perform due diligence analyses of water rights for real estate and development transactions, prepare water rights declarations and applications for water rights permits, provide advice concerning wetlands and endangered species protection, and help acquire or sell water rights.