Experienced Litigator and Clean Energy Expert.
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Elite New Mexico Business Lawyer Handling High-Stakes Cases

When the stakes are high, excellence matters. Attorney David R. Baake specializes in litigating complex business law cases across the state of New Mexico, from Las Cruces and Ruidoso to Albuquerque and Santa Fe. Many of his cases involve millions of dollars of potential liability. In other cases, the future of the client's business is at stake. Drawing upon a world-class legal education, extensive courtroom experience, and an indefatigable work ethic, David provides his clients with representation that few other attorneys can match. Whether you find yourself in commercial litigation over a contract dispute, need help filing an appeal, or need representation before a federal administrative agency, David is here to help.

Business Dissolution

When business partners stop getting along, things can get messy quickly. Often, business dissolution cases resemble a divorce, with the parties fighting about how to divide up company assets. In some cases, the partners have simply reached a deadlock regarding a critical decision: for example, one partner may want to sell a key company asset while the other partner wants to hold it as an investment. In other cases, there may be allegations of fraud, mismanagement, and self-dealing. Resolving these disputes will require careful attention to the terms of the operating agreement, the company's financial records, and other factors. If you find yourself in a partnership dispute in New Mexico, you should retain an experienced business lawyer as soon as possible. David has the knowledge and skill to help you resolve your dispute on favorable terms.

Contract Disputes

Business owners use contracts to govern nearly all of their relationships. Some of those contracts may be oral, but most are reduced to writing. Some of these writings may be standardized forms, while others may be carefully crafted with a particular transaction in mind. But regardless of how much care goes into the formation of a contract, it is impossible to eliminate all ambiguity or address every eventuality. If you find yourself in a contract dispute, you should retain a New Mexico business lawyer to assist you in resolving the dispute on favorable terms. David routinely represent parties in high-stakes contract disputes, having successfully litigated cases in which hundreds of thousands of dollars turned on the meaning of a single word or phrase.

Real Estate Law

New Mexico businesses often find themselves grappling with unique legal issues related to real property. Disputes may arise between a commercial landlord and tenant about whether the tenant is complying with the lease agreement. Questions may arise about the title of a property. For example, a tenant may claim to have acquired title through the operation of a lease-purchase agreement, while the landlord may argue that the tenant breached the agreement and thus is precluded from acquiring title. In these cases, a party may file a lawsuit and record a notice of lis pendens against the property, which will prevent the owner from selling the property until it is dissolved. In other cases, a property owner may find itself in a dispute with the owner of a neighboring parcel-for example, about the boundary that separates the properties or about activities that may constitute a nuisance. Whatever your issue, New Mexico business lawyer David Baake has the knowledge and experience to help you resolve it.

Emergency Motions

Although most people associate the term "temporary restraining order" with interpersonal disputes, this remedy is potentially available in any civil case. In appropriate circumstances, a party can apply for emergency injunctive relief to prevent his or her business partner from committing fraud, absconding with company money, or taking other action that will result in irreparable harm. David helped one client secure a check worth more than a million dollars after his partner converted it and deposited it in a newly opened bank account in a different state. In other cases, litigants seek emergency relief when it is not warranted, hoping to obtain a burdensome injunction that will provide them with a strategic advantage in subsequent litigation. David helped a large cannabis dispensary in Riverside County, California defeat an emergency motion brought by a disgruntled minority shareholder who asked the court to appoint a receiver to take over the company's operations. If an emergency arises and your company needs to seek relief immediately, or you find yourself having to respond to such a motion on short notice, you need a lawyer who is experienced working under pressure, who knows the law governing equitable remedies by heart, and who will work overnight if necessary to get the job done. David's clients rely on him to respond to civil emergencies because he has shown time and again that he has what it takes to get the job done when the stakes are highest.

Appeals

While effective representation before the trial court is important, the trial court's decision is not the end of the case. If the trial court issues an unfavorable judgment, you have the right to appeal, and it will often make sense to do so. Particularly in complicated civil cases, trial courts do make mistakes. A knowledgeable appellate attorney may be able to identify a legal error or abuse of discretion that could lead to reversal of the trial court's decision. Often, it makes sense to consult with an appellate lawyer while proceedings before the trial court are ongoing, to make sure appellate issues are properly preserved. If that is not possible, you should consult with an appeals lawyer as soon as possible after the court renders its decision to ensure that you are able to timely file your notice of appeal. In other cases, you may win before the trial court, only to find yourself needing to defend the ruling on appeal. Whatever the case may be, David has the skills and experience to successfully handle your appeal, having litigated before some of the highest appellate courts in the country.

Climate and Clean Energy

Drawing upon his science background and over a decade of thought leadership related to climate policy, David routinely represents national non-profits, clean energy trade groups, and others in litigation related to climate and clean energy law and policy. In recent years, David has briefed and argued complex appeals related to the regulation of ozone pollution under the Clean Air Act and co-authored a petition for certiorari to the United States Supreme Court in a case involving regulation of greenhouse gases. In addition to litigation, David works on administrative matters related to clean energy policy. In recent years, he has represented clients before the Federal Energy Regulatory Commission and the New Mexico Public Regulation Commission, advised low carbon biofuel producers on the U.S. Environmental Protection Agency's Renewable Fuels Standards program, and served as a member of New Mexico's Methane Advisory Panel, an advisory group convened by state regulators to study options for reducing pollution from the oil and gas industry. If you need expert advice on clean energy law or policy, contact us today.

Consult an Experienced Business Lawyer in New Mexico

Whatever your issue, we are here to help. Contact David at david@baakelaw.com or leave a message at (575) 343-2782 to schedule a free consultation.

Meet the Attorney
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David Richard Baake

David Baake is a business lawyer serving the state of New Mexico. The majority of his practice involves representing businesses and individuals in contract, partnership, business tort, and real estate disputes David has litigated in courts all over the country, from the U.S. Court of Appeals for the D.C. Circuit to the federal district court in Los Angeles, but he is particularly at home in the state courts of New Mexico. In addition to providing business law and commercial litigation services, David is an expert on climate, clean air, and clean energy law, and routinely represents national non-profits, clean energy trade groups, and others in both civil and administrative proceedings. Whatever the scope of your project, David will provide you with excellent, diligent representation few other attorneys can match.

Client Reviews
★★★★★
"Very knowledgeable! We hired Mr. Baake after our previous lawyer was suspended just one month before our trial date. We are so glad we found him! We were being sued for $250,000, and were going to lose our case. Mr. Baake was much more knowledgeable. He brought up several issues that our other lawyer never thought of. The Plaintiff did not show up to for the trial. The case was dismissed! Thank you so much, Mr. Baake!” - B. Crane
★★★★★
"We run a small business in AZ and had a customer in New Mexico who hadn’t paid us for product and services rendered. The customer was in the process of trying to sell their business so we had to intervene in their sale to get our proceeds. It was an out of the box kind of situation and David took it on no problem and with ease. We are out of state and David handled it all for us remotely which was a plus. Thanks to David, we ended up receiving our money plus interest. He was a pleasure to work with and his communication during the entire process was amazing. Thanks again David for all of your help!" - M. B.
★★★★★
"David is our go-to attorney for resolving contract and real estate disputes. He isn't afraid to go up against big corporations to fight for what is right, but always keeps an eye on how to resolve matters in a way where the out-of-pocket cost for us is minimized. We trust David's opinion both on when to move forward and when to settle. David is incredibly smart and his work meticulous, but most importantly he has helped us gainfully resolve disputes with individuals and companies that we never expected would come to a favorable conclusion." - Crystal S.
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