David R. Baake
350 El Molino Blvd
Las Cruces, NM 88005
Harvard Law ‘14. Experienced Litigator Serving Southern New Mexico.
Commercial Litigation. I regularly represent clients in breach of contract, breach of fiduciary duty, fraud, and other commercial disputes, in both New Mexico and California. Representative matters include:
Stover v. Sajasi, et al., 19STCV18148 (LA Cty. Sup. Ct) (counsel for defendants in shareholder derivative suit related to luxury car rental company)
Palumbo Design, LLC v. 1169 Hillcrest, LLC, 19STCV18838 (LA Cty. Sup. Ct.) (co-counsel for plaintiff in case involving $22 million real estate transaction)
Cannon v. Maldonado, D-307-CV-2017-01255 (Doña Ana Cty. District Ct.) (took over as counsel for defendants after pre-trial conference and obtained dismissal of $250,000 breach-of-contract claim before trial)
Although I am experienced litigator, I try to resolve disputes without litigation whenever possible. For example, earlier this year I helped a New Mexico franchisee obtain a settlement from its former franchisor for substantially all of its demand, less than two weeks after accepting its case.
Business Law. I work with New Mexico businesses to draft contracts, raise capital, and identify tax savings. For example, I recently helped a clean energy start-up prepare an exempt securities offering, drafting its private placement memorandum and securing a “no action” assurance from the New Mexico Securities Division. I later provided that company with a comprehensive overview of tax credits and deductions available for clean energy investments, and offered an enforceability opinion related to property tax liens created by the Property Assessed Clean Energy (“PACE”) program. I regularly create operating agreements for New Mexico limited liability companies, and counsel companies seeking to resolve disputes between members. I have also provided enforceability opinions to parties seeking to close CMBS deals in New Mexico. Visit my Small Business Solutions page to learn more.
Climate & Clean Energy Law. I regularly represent clients who are working to reduce emissions of greenhouse gases and other air pollutants in their communities. For example, I currently represent Sierra Club in two complex appeals related to the regulation of ozone-precursor emissions under the Clean Air Act. Last year, I co-authored the Natural Resources Defense Counsel’s petition for certiorari in NRDC v. Mexichem Fluor, Inc., 18-2 (U.S.), a case involving regulation of high-global-warming-potential refrigerants. In addition to litigation, I represent clients in administrative proceedings related to climate policy. For example, I have worked with the Brazilian sugarcane ethanol industry to advocate for Renewable Fuel Standards that incentivize investment in low-carbon biofuels like sugarcane ethanol. I have also worked to pass and implement one of the first PACE ordinances in New Mexico, and to push for common sense regulation of methane emissions from the oil and gas sector.
I am admitted to practice law in New Mexico and California, the U.S. Court of Appeals for the D.C. Circuit, the U.S. Court of Appeals for the Fifth Circuit, the U.S. District Court for the District of New Mexico, and the U.S. District Court for the Central District of California.