Business Law
Commercial Litigation
While no business wants to be involved in litigation of any kind, being the target of commercial litigation cuts to the very heart of your business. Giddens & Gatton Law, PC, has the know-how to obtain the most favorable outcome possible for our clients. What Is Commercial Litigation? Civil litigation is usually a lawsuit involving…
Read MoreCreditors’ Rights – Options for Getting Your Clients to Pay
Clients who refuse to pay for services rendered are not only frustrating but can represent a real threat to your company’s bottom line. Fortunately, creditors have recourse at their disposal. But taking self-help measures is not always the right way to go. Here are some strategies to help you collect from delinquent clients without resorting…
Read MoreThings to Consider when Starting a New Business
Starting a new business can be exciting. However, it’s important not to get so caught up in the excitement of launching a new venture that you neglect the basics. One of the most important decisions involving a new business is choosing a type of business entity. Considerations when Starting a New Business Along with the…
Read MoreDealing with an Unproductive Employee
Nearly every company with more than one or two individuals is faced at some point with an unproductive employee. Dismissing employees is costly and can leave employers open to adverse legal action. However, sometimes it is the only viable alternative. Here are some things to help you determine the most constructive course of action for…
Read MoreAvoiding contract disputes
Contract disputes can bring business operations to a grinding halt. Thankfully, there are ways in which to carefully craft contracts that make such disputes less likely. When looking to draft – or sign – contracts for your business, make sure that contracts follow these guidelines. Get it in writing – oral contracts are sometimes enforceable,…
Read MoreNeither a Lender Nor a Broker Be
A recent ongoing case pending in the United States Bankruptcy Court in Albuquerque reflects a recurring difficulty borrowers have in dealing with putative lenders. According to a decision in the case of In Re Clark, Case No. 13-12132-j13, Adversary No. 13-1077 T. (U.S. Bankr. Ct. N.M. 2014), the underlying facts are significantly undisputed. The daughter…
Read MoreProfessional Held Liable for Spoliation in Corporate Dissolution Dispute
Certain professions such as physicians, can under New Mexico law and the law of many other states form professional corporations to operate their the business which governs their professional affairs. In the case of Aduz Healthcare Services, PC, it was determined, by a 2-1 vote of its partners, that the professional corporation would dissolve and…
Read MoreCivil Rights Group Expands Suit against State Concerning Education
A couple of months ago it was reported on this blog that two different groups had sued New Mexico’s Public Education Department for violations of the State Constitution of New Mexico. Article XII, Section 1 of the New Mexico State Constitution reads, “A uniform system of free public schools sufficient for the education of, and…
Read MoreClass Action Filed Against Blue Cross and Blue Shield of New Mexico’s Parent Corporation
A case filed today against the nonprofit parent company of Blue Cross and Blue Shield of New Mexico raises the question of whether the company breached its duties to the members of the non-profit institution. A class action lawsuit on behalf of the members of the non-profit Health Care Service Corp (HCSC) – which owns…
Read MoreUS Forest Service and Sandia Pueblo Reaches Land Deal
After a decade of negotiations and the passage of legislation to approve the deal, Sandia Pueblo and the US Forest Service will implement a land swap which will protect some of the lands in perpetuity so that certain tribal residents can use the land for religious purposes. The federal land service will convey a roughly…
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