Commercial Litigation

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Commercial litigation encompasses a wide range and variety of issues as well as areas of law, so there is no such thing as a "one size fits all" commercial litigation practice.  New Mexico businesses (including homegrown businesses as well as national and multinational concerns pursuing business opportunities within our borders) face unique challenges and opportunities in a state with a culturally diverse workforce, numerous and sometimes conflicting obligations imposed by state, county, federal and tribal governments, and a highly robust business environment.  Such a robust and competitive environment can often foster disputes which sometimes must be resolved through the court system or commercial arbitrations.  Commercial disputes may arise in the context of contracts between businesses, warranties, unfair trade practices, claims involving fraud or misrepresentation, collections, RICO violations, estates and trusts, indemnity, antitrust issues, real estate, taxation, and even First Amendment issues, to name but a few.



Modrall Sperling's lawyers represent clients in all types of commercial disputes through all phases of the dispute resolution process, whether through litigation, arbitration or negotiation.  Commercial litigation is one of the pillars of our practice, and has been for decades.  We strive to obtain the best result for our clients, quickly and efficiently at a reasonable cost.  We work with our clients to further their legitimate interests and avoid costly and unnecessary litigation where possible.  We are skilled in negotiation and in handling alternative dispute resolution proceedings such as mediation.  We have extensive experience in more traditional processes in federal, state and tribal courts, through trial and appeal, and in commercial arbitration and other forms of alternative dispute resolution.

Many of our litigators have particular insights and familiarity with commercial disputes that arise within the context of practice areas and industries we serve.  Thus, for example, our lawyers who have developed expertise with employment matters, education law, estates and trusts, tax, bankruptcies, public lands, oil and gas, mining, Native American law, environmental law and other subjects also are litigators themselves, or are adept at teaming with lawyers in our litigation-oriented practice groups.  See, for example, Employment, Education, Estate Planning, Taxation, Bankruptcy and Creditors' Rights, Public Lands, Oil and Gas, MiningNative American Law, Environmental and other practice area descriptions found on this website.

Representative Clients

The list of clients we represent in commercial litigation is enormous.  A few examples are:

  • Albuquerque Public Schools
  • Banks (local and national)
  • Burlington Northern & Santa Fe Railway
  • Chesapeake Operating, Inc.
  • Citadel Broadcasting
  • Fisher Sand & Gravel Co.
  • Freeport McMoRan Copper and Gold
  • Goodyear Tire & Rubber Company
  • Invenergy, LLC
  • J.H. Williams Revocable Trust
  • K-Bob's
  • Mainline Rock & Ballast
  • Meyer Engineering
  • Minera Peñasquito
  • Mountain States Mutual Casualty Company
  • San Juan Coal Company
  • Tri-State Generation and Transmission Association, Inc.
  • WalMart