Indemnification Clauses after Safeway
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…
Four Changes to BIA’s Right-Of-Way Regulations That Grantees and Applicants Should Know
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 Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development
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…
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….
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….
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…
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…
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…
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…
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…