Articles

The complexity of the Health Insurance Portability and Accounting Act (HIPAA) makes it difficult for well-intentioned employers to ensure compliance with its provisions. We often field calls from New Mexico employers asking if HIPAA applies in certain situations and what steps they…

A new law offers the prospect of faster Federal approvals and limitations on judicial challenges for certain large infrastructure projects that must comply with the National Environmental Policy Act (“NEPA”).  In December 2015, Congress enacted and President Obama signed into law the…

Between 25% and 30% of all adults in New Mexico are obese.[1. United States Centers for Disease Control and Prevention]  With such a significant percentage of New Mexicans being affected by obesity, employers are increasingly faced with issues regarding whether or not…

Introduction: Writing another chapter in its long-running book regarding whether boundaries of Indian Reservations across the country have been diminished or reduced by Congressional action, on March 22, 2016, the United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v….

Kevin Washburn recently returned to his position as a professor at the University of New Mexico School of Law after serving more than three years as the Department of the Interior’s Assistant Secretary-Indian Affairs. A member of the Chickasaw Nation and a…

In a recent opinion, Acosta v. Shell Western Exploration & Production, Inc., No. S-1-SC-33884, slip op. (N.M. Sup. Ct. March 3, 2016), the New Mexico Supreme Court reversed a decision by a state district court to exclude expert opinion testimony in a toxic…

In 2010, New Mexico’s Legislature enacted the Whistleblower Protection Act (WPA).  Generally, the purpose of a whistleblower protection act is to protect employees who risk job security for the good of the public by disclosing unlawful and improper actions of public officials. …

On February 18, 2016, the New Mexico Supreme Court held in Safeway Inc. v. Rooter 2000 Plumbing & Drain SSS, 2016-NMSC-___ (No. 33,969, Feb. 18, 2016) that indemnification agreements in construction contracts are void and unenforceable under the state’s anti-indemnity statute to the…

On November 3, 2015, Kevin Washburn, Assistant Secretary-Indian Affairs signed a final rule revising the Bureau of Indian Affair’s (BIA) regulations[1. Available here.] governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule).  The Final Rule was published in…

Wind farms offer a source of low-carbon energy and are being developed around the world as governments and private entities seek new sources of energy to power our world.  Development of wind farms is not a simple task, though, and developers are…