Elite New Mexico Business Lawyer Handling High-Stakes Cases

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, and businesses may find themselves in litigation over the meaning of a contract. Sometimes, there is a question of whether the contract itself was procured by fraud or a material misrepresentation. 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.

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 dispensary in 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 business 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. New Mexico businesses rely on David 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.

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, or whether the tenant can remove improvements from the building upon termination of the lease. 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, the terms of a covenant or easement, 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.

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 state and local governments in litigation related to climate and clean energy law and policy. In recent years, David has briefed the United States Supreme Court in major Clean Air Act cases and argued several cases under the Act before the federal courts of appeals. In 2023, he served as lead counsel for a coalition of environmental groups that successfully persuaded the New Mexico Environmental Improvement Board to adopt the Advanced Clean Cars II rule, which requires manufacturers to deliver an increasing number of zero emission vehicles to New Mexico. In addition to litigation, David works on administrative matters related to clean energy policy. In recent years, he 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; he later represented a coalition of environmental groups in formal rulemaking proceeding before the New Mexico Oil Conservation Commission that resulted in precedent setting ban on the wasteful practice of routine flaring from oil wells. 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.