Employment Law Alert – February 2016
View as PDF Articles: Tips for Conducting Employee Investigations Investigating your employee for inappropriate conduct can be a sensitive and difficult task. An employer’s decisions regarding how to conduct the investigation can have significant impact in subsequent litigation related to the investigation….
POSTED IN: Alerts
State Taxation Precluded by Extensive and Exclusive Federal Regulation of Indian Leasing
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….
POSTED IN: Articles
Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
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…
POSTED IN: Articles
Complex Sale Preserves Economic Opportunities in Four Corners
Led by Meg Meister and Walter Stern and working collaboratively with BHP Billiton New Mexico Coal, Inc.’s in-house counsel and executive team, Modrall Sperling successfully completed the stock sale of BHP Billiton’s San Juan Coal Company (SJCC) and San Juan Transportation Company to Westmoreland Coal Company…
POSTED IN: News
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…
POSTED IN: News
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…
POSTED IN: Articles
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
Overview of the Twelve Objectives in New Mexico’s New Energy Plan
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…
POSTED IN: Articles