Modrall Sperling Law Firm

Protecting New Mexico Employers From Inadvertent FMLA Violations: What Can Your Employee Do (or Not) While on FMLA leave?

Maybe you have an employee on FMLA leave who just can’t help herself, she has to answer emails and check in with the office.  Is this work under the Family Medical Leave Act (FMLA)?  Perhaps you need to know where a file…

POSTED IN: Articles

Federal District Court Sets Aside Fish and Wildlife Service’s 30-Year Take Permit Rule Under Bald and Golden Eagle Act

On August 11, 2015, a federal district court judge in the United States District Court for the Northern District of California[1. Shearwater v. Ashe, Case No. 14-CV-02830-LHK, 2015 U.S. LEXIS 106277 (N.D. Cal. August 11, 2015)] vacated the United States Fish and Wildlife…

POSTED IN: Articles

Native American Law Watch – Fall 2015/Winter 2016

View as PDF Articles: Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds The Seventh Circuit Court of Appeals recently held that bondholders and their counsel were not required to exhaust tribal court remedies in a case involving a bond transaction…

POSTED IN: Alerts

Modrall Sperling’s Recent Successes for New Mexico Employers

This month, Modrall Sperling shareholder George McFall and associate Jennifer Bradfute, along with Geoff Rieder and Meghan Stanford, of Foster, Rieder & Jackson, successfully tried an employment case to a 12-person jury before Judge Carl Butkus in the Second Judicial District Court.  The plaintiff had…

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Seismic Operations Held Subject to Notice and Negotiation Requirements of Surface Owners Protection Act

In a July 28, 2015 opinion, the New Mexico Court of Appeals (Court of Appeals) determined that geophysical seismic operations constitute “oil and gas operations” under NMSA 1978, § 70-12-5(A) of the Surface Owners Protection Act (SOPA), thereby subjecting an operator to strict…

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Water Rights as Collateral – Challenges and Considerations in Protecting and Assigning Value

In New Mexico, agricultural land is often used as collateral for financing.  Due to water scarcity, growing populations and competing needs for water, the value of water rights independent of the land itself is increasing and very likely will continue to increase,…

POSTED IN: Articles

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Employment Law
Native American Law
Natural Resources and Energy Law
Water Law