Articles

On August 26, 2015, in Seminole Tribe of Florida v. Stranburg,[1. 799 F.3d 1324 (11th Cir. 2015).] the Eleventh Circuit affirmed in part and reversed in part the United States District Court for the Southern District of Florida’s decision,[2. 49 F. Supp. 3d….

On November 24, 2015, the Seventh Circuit Court of Appeals held that bondholders and their counsel were not required to exhaust tribal court remedies in a case involving a bond transaction in which the parties expressly consented in the transaction documents to…

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…

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…

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,…

New Mexico Governor Susana Martinez unveiled the state’s New Energy Plan (“Plan”) on September 14, 2015.  The Plan, entitled “Seizing our Energy Potential: Creating a More Diverse Economy in New Mexico,” focuses on an “all of the above” approach to promote job…

Minimum wage rates vary in New Mexico depending on where your business is located. Employers must grant leave to victims of domestic violence. Employers must pay all unpaid wages to some discharged workers within FIVE days of discharge. Employers who fail to…

The United States Supreme Court has agreed to review an appeal from a decision by the Eighth Circuit Court of Appeals that found that the Corps of Engineers’ Approved Jurisdictional Determinations (“JD”) are final agency actions and are immediately appealable under the…

Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.]  promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…

Corporate trendsetters are moving in the direction of eliminating a historical function of human resource departments: the annual performance evaluation. Accenture recently declared its independence from the evaluation process, but it is certainly not alone in its departure from this time honored…