We assist clients and their officers, directors, members and owners in creating and managing their businesses on an ongoing basis. We help with selecting the proper form of business entity, and then continue to advise the company in managing the requisite contractual and employment issues, deciphering regulatory requirements, and handling the nuances of owner relations.

We negotiate and draft contracts and related business forms of all kinds to help our clients conduct their businesses. These contracts include

• purchase and sale agreements for products and services
• leases and licensing agreements
• standard commercial forms including invoices, purchase agreements, warranties

We consult with clients on complying with the myriad of laws that affect their businesses

When our clients are not able to avoid formal conflict arising out of their business operations, we represent them in litigation and arbitration proceedings. We represent clients in large and sophisticated commercial disputes as well as smaller more routine disputes, including contract disputes, shareholder/member disputes, non-competition agreement enforcement actions, violation of trade secrets and non-disclosure agreements, business torts such as intentional interference with contracts, piercing the corporate veil, and unfair practice action claims, and product defect and warranty claims.

We represent both buyers and sellers of businesses. We help structure the most appropriate type of transaction and work with clients and other outside advisers to achieve the most advantageous outcome for each transaction. We can be, and often are, involved in all phases of the deals that come to us, from due diligence to closing and post-closing follow-up.

We assist our clients in all areas of employment law, from compliance to litigation.

We help employers avoid claims and manage their workforce by developing policies, procedures and employee handbooks to comply with the vast array of laws employers are expected to abide by, including:

• The New Mexico Human Rights Act
• The Fair Labor Standards Act (FLSA)
• Title VII of the Civil Rights Act
• The Americans with Disabilities Act (ADA)
• The Family and Medical Leave Act (FMLA)
• And the countless other laws that touch and concern employers in today’s legal and regulatory environment.

We provide advice in connection with compensation structures, employee contracts and restrictive covenants such as non-compete and confidentiality agreements. We also assist with employee classification questions, including classification of workers as independent contractors versus employees and exempt status determinations.

We provide general workforce training in areas such as harassment and discrimination and manager-specific training in recognizing and reacting to workplace conduct that can lead to claims.

We handle all aspects of administrative proceedings which touch on employment issues including:

• Wage and hour investigations and claims under the Fair Labor Standards Act (FLSA)
• Claims of harassment, discrimination and retaliation brought before the U.S. Equal Employment Opportunity Commission (EEOC) or the New Mexico Human Rights Bureau
• Immigration-related investigation claims, including I-9 compliance questions
• Unemployment claims
• Defense and handling of worker’s compensation claims

We represent employers in all aspects of employment litigation in state and federal courts

We counsel employers on employee disciplinary issues and assist in making and carrying out termination decisions so as to minimize risk of claims

We assist in preparing and negotiating employee separation agreements and severance packages

We regularly assist clients, both borrowers and lenders, in negotiating and establishing credit relationships. We draft and revise various financing documents including promissory notes, loan agreements, security agreements, guarantees, collateral assignments and pledges. We have been involved in numerous modifications of existing credit relationships. We ensure that our lender clients comply with regulatory requirements. The firm defends lender liability claims.

Our attorneys can help clients protect their technology and intellectual property assets by auditing their intellectual properties. We register copyrights, trademarks and service marks, and we assist clients in identifying and protecting trade secrets. Additionally, we represent various software companies globally in drafting computer software license agreements, technology licenses, and distribution and reseller agreements.

We assist companies and individuals in understanding and complying with the complex rules and regulations promulgated by various federal, state and local agencies that oversee our clients' work. Examples of the agencies and proceedings with which our lawyers have extensive experience include the following:

• U.S. Equal Employment Opportunity Commission
  • EEOC investigations
  • Defense of Charges of Discrimination
  • EEOC mediation proceedings
• U.S. Department of Labor
  • Wage and Hour Compliance
  • Assistance with Wage and Hour Audits
  • Protests of Assessments of Wages Due
• New Mexico Department of Workforce Solutions
  • Disputing Applications for Unemployment Benefits
  • Representation at Appeals Hearings
• New Mexico Human Rights Bureau
  • Assistance in responding to Charges of Discrimination 
  • Representation in Proceedings before the Human Rights Commission
• New Mexico Workers Compensation Administration
  • Defense of Worker's Compensation Claims
• Internal Revenue Service
  • Payroll Tax Disputes and Defense of Collection Proceedings
  • Trust Fund Penalty Disputes
  • Regulatory interpretation and guidance
• New Mexico Department of Taxation and Revenue
  • Interpretation of Gross Receipts Tax regulations
  • Gross Receipts Tax Disputes
• New Mexico Department of Transportation
  • Bid Protests
• OSHA (Federal and State levels)
  • Citation and Penalty Protests

Our real estate practice includes the buying and selling of improved and vacant real estate, leasing, documentation of real estate development projects and title disputes. We are involved in the due diligence process for transactions, including environmental and financial aspects. We also assist in negotiating and drafting financing documents for real estate transactions.

We provide estate and succession planning to clients and their families to ensure continuity of businesses and preservation of assets. We draft wills and trusts, medical directives and powers of attorney. We help clients create succession plans. The firm’s probate practice includes both informal and formal contested probate matters.

We are involved in creditor bankruptcy representation, including complex Chapter 11 bankruptcies. In these proceedings we negotiate cash collateral orders, pursue relief from stay proceedings, negotiate plan provisions and evaluate and pursue non-dischargability claims. We also pursue collection of amounts due our clients to judgment and enforcement through available post-judgment remedies.

We represent employers in resolution of personal injury claims and workers compensation claims, many of which are self insured by our clients.

We offer a full range of services to non-profit entities, including formation, business planning, compliance issues, and litigation.