Justia Lawyer Rating
The State Bar of California
Federal Courts Appeals for the First Circuit
United States Courts District of Columbia Circuit
Veritas
State Bar of New Mexico

Practice Areas

Climate & Energy Law

I represent national non-profits, clean energy trade groups, local governments, and community groups in litigation related to climate and energy policy. In 2019, I briefed and argued two complex federal appeals related to the regulation of ozone pollution under the Clean Air Act, Clean Wisconsin, et al., v. EPA (D.C Cir., No. 18-1203) and Texas v. EPA (5th Cir., No. 18-60606). In 2018, I co-authored a petition for certiorari in NRDC v. Mexichem Fluor, Inc. (U.S., No. 18-2), a case involving regulation of high-global-warming-potential refrigerants. In addition to litigation, I work on a variety of administrative matters. In recent months, I represented the Sierra Club on 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; counseled the Brazilian sugarcane ethanol industry on the Renewable Fuels Standards program; and represented a clean energy trade group before the New Mexico Public Regulation Commission.

Commercial Litigation

I represent clients in contract, fraud, real estate, and other civil disputes, in both New Mexico and California. In recent months, I obtained dismissal of three shareholder derivative suits arising out of the operation of a luxury car rental company; helped two different clients obtain expungement of an improper lis pendens; obtained dismissal of a $250,000 breach-of-contract claim; defeated a motion to appoint a receiver for a large cannabis dispensary; tried and won a breach-of-contract case involving the provision of web development services; and obtained a $60,000 settlement for a franchisee against its former franchisor (substantially all of the amount demanded).

Business Law

I work with New Mexico businesses to draft contracts, raise capital, and identify tax savings. For example, I recently helped a start-up company 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. I regularly create operating agreements for New Mexico limited liability companies. I have also provided enforceability opinions for commercial real estate transactions in New Mexico.

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.