Elite New Mexico Business Lawyer Handling High-Stakes Cases

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.

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.

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.

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.

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.

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.