Commercial Litigation

New Mexico commercial litigation attorney David Baake represents businesses in all manner of civil cases, including contract, fraud, real estate, trade secret, intellectual property, franchise law, and other civil disputes. Before starting his own practice, David clerked for federal district judges in Phoenix and Los Angeles, handling hundreds of commercial disputes. Drawing upon this experience, David has built a thriving practice in New Mexico, with a focus on commercial litigation.

Contract disputes are a staple of this practice. Businesses use contracts to formalize their relationships with almost everyone they interact with. For this reason, almost every business dispute will implicate one or more contracts-whether directly (i.e., because a party is suing for breach of contract) or indirectly (i.e., be the dispute is governed by alternative dispute provision or may fall within the scope of the defendants’ insurance policy). In some contractual cases, the parties may agree that the contract is enforceable but may dispute the meaning of a particular term. In other cases, one party may contend that the contract is unenforceable or inapplicable, because it was procured by fraud or undue influence or because it violates some important public policy. Whatever your situation, we can help. David has litigated cases where hundreds of thousands of dollars turn on the construction of a single contractual provision.

Partnership disputes are another type of case commonly handled by commercial litigators in New Mexico. Resolving these disputes will require careful attention to the company operating agreement and applicable statutes (such as the New Mexico Limited Liability Company Act) and case law. It is often necessary to retain a forensic accountant or similar expert in these cases. Frequently, it is necessary to file one or more emergency motions in these cases, as one partner may attempt to abscond with company assets or to take other destructive action that must be immediately addressed by the court. In one case, David helped a client secure a check worth more than a million dollars after his former business partner converted it and deposited it in a newly opened bank account in a different state. In another case, David helped a 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.

In all commercial disputes, a mastery of the rules of civil procedure is necessary to achieve a favorable outcome. We have successfully litigated a wide variety of procedural issues, including personal jurisdiction, venue, forum non conveniens, arbitration clauses, res judicata, the statute of limitations, and res judicata. We also know what it takes to develop and introduce the admissible evidence necessary to prevail on the merits. This may require litigating discovery disputes or motions in limine directed to evidentiary issues. At the end of the day, you can rest soundly knowing we work diligently to see your case from the inception to a favorable termination. If you require the services of a New Mexico commercial litigation attorney, contact us today.