|
 |
 |
 
|
Practice AreasAdministrative Law Administrative LawSheehan, Sheehan & Stelzner's practice includes representation of private entities and individuals before federal and state agencies--a service necessitated by the continuing nexus between private and public concerns and the highly regulated nature of our society. For example, the firm has represented clients on water rights matters before the State Engineer's Office, on bid protests before the New Mexico Information Systems Council, and on licensing issues before the State Purchasing Division of the General Services Department and the New Mexico Department of Regulation and Licensing. In the environmental area, the firm has represented landowners before the United States Environmental Protection Agency in connection with the storage and disposal of PCBs, and has assisted clients in dealing with the New Mexico Environment Department concerning clean-up of hazardous substances, including gasoline contamination, asbestos and hazardous chemicals. The firm has also developed insight into administrative practice and procedure through its representation of a number of state and local government bodies and agencies, including the Artesia Special Hospital District; the City of Farmington; the City of Santa Fe; Curry County; the New Mexico Beef Council; the New Mexico Department of Energy, Minerals and Natural Resources; the New Mexico State Highway Department; New Mexico State University; the San Juan County Water Commission; Santa Fe County; the University of New Mexico, and Valencia County. Thomas J. Horan, Of Counsel to the firm, has a Master's Degree in Public Administration, and has developed a unique perspective on administrative law as a member of the New Mexico House of Representatives, from 1975-1977, and through his provision of legislative relations services to a wide spectrum of clients over the past decade. Arbitration and MediationDue to the spiraling costs of litigation and court delays arising from serious case backlogs, the firm believes that alternative dispute resolution methods, such as arbitration and mediation, often provide the most efficient and effective means of resolving controversies. Furthermore, courts today in New Mexico and around the country are pressing litigants to mediate. In addition to representing clients in arbitration and mediation, members of the firm are available to serve as mediators and arbitrators of disputes. All of the firm's attorney's have received special training in negotiation and settlement facilitation, and many have served as arbitrators, mediators and settlement facilitators. For example, Timothy M. Sheehan is a member of the Construction Industry Arbitration Panel of the American Arbitration Association, as well as the Association's Large, Complex Case Panel, and has served as an arbitrator in a variety of complex construction disputes. He is also a member of the Association of Attorney-Mediators, and has received mediation training from the Attorney-Mediators Institute in Houston, Texas. Mr. Sheehan has served as a mediator and settlement facilitator in numerous commercial disputes. Luis G. Stelzner has mediated over 300 disputes in a wide range of areas, including cases involving products liability, personal injury, commercial conflicts, employment litigation, professional malpractice and construction disputes. A substantial part of his practice is now devoted to serving as a mediator. Mr. Stelzner also continues to serve as an arbitrator in a number of cases. Briggs F. Cheney, who is Of Counsel to the firm, is a member of the Association of Attorney Mediators, and was trained in mediation by the Attorney-Mediators Institute in Houston, Texas. He also is a member of the American Arbitration Association's panel of neutral arbitrators and its Large Complex Case panel. Mr. Cheney mediates and arbitrates primarily in the personal injury area, and has served as a mediator or arbitrator in more than 90 cases. Mr. Sheehan, Mr. Stelzner and Mr. Cheney also are experienced litigators who continue to conduct substantial litigation practices in federal and state court. A list of lawyers whose cases have been mediated by Mr. Sheehan, Mr. Stelzner and/or Mr. Cheney is available upon request. Art LawA significant part of Sheehan, Sheehan & Stelzner's practice involves legal issues relating to the art world. Artists, collectors, dealers, galleries, museums and publishers have chosen our law firm to represent them for many years. During those years, we have assisted in the resolution of disputes between artists and galleries, and the negotiation and enforcement of agreements between artists and publishers. The firm emphasizes close, on-going communication with its art world clients. A sampling of those clients includes: Noel Bennett Aviation LawSheehan, Sheehan & Stelzner has more than twenty years of experience in trial and appellate litigation arising from aircraft accidents. During that time, we have represented clients in aircraft crash and mid-air collision cases involving private aircraft, military aircraft and hot air balloons. Our long-term experience and interest in aviation law reflects the fact that the founding member of the firm is a retired Air Force general. The firm has litigated claims of wrongful death, products liability, negligent entrustment and negligent operation in cases raising a broad range of issues, including alleged design and manufacturing defects, improper maintenance, in-flight failure, negligent continuation of a flight into adverse weather conditions, pilot intoxication, and negligent fuel management. We have emphasized defense work on behalf of component part manufacturers and aircraft manufacturers, with occasional plaintiff representation of fixed-base operators and others in the aviation industry. Thomas J. Horan, Of Counsel to the firm, is an instrument-certified commercial helicopter and airplane pilot, and an FAA-certified airplane flight instructor, who has logged over 2,000 hours of helicopter flight and 1,500 hours of single-engine and multi-engine airplane flight. In addition to serving as an Army helicopter instructor pilot since 1970, he has been an aircraft maintenance officer, an aviation safety officer and a helicopter ambulance pilot. Mr. Horan also has extensive mountain flying experience, has flown on U.S. Forest Service and BIA forestry service contracts, and has served as an expert witness in airplane accident cases. Among the clients that the firm has represented in aviation litigation are: Aeronautics, Inc. Commercial LitigationA major part of Sheehan, Sheehan & Stelzner's practice is devoted to litigating a broad spectrum of commercial issues. For example, the firm frequently represents its construction industry clientele in disputes, which often involve complex factual issues and voluminous documents. Our commercial litigation experience extends to the areas of employment law, consumer law, bankruptcy law, oil and gas law, securities law, water law, and natural resource law, and has involved contracts and real property disputes, professional malpractice defense, business torts, insurance coverage, the Uniform Commercial Code, and lender liability issues. We have a state-of-the-art computerized system for document control to assist in organizing and streamlining complex commercial litigation. The firm's attorneys have jury and non-jury trial experience in state and federal courts, as well as bankruptcy court, and also have represented clients in adjudications before administrative agencies. The firm is also committed to pursuing alternative dispute resolution techniques, such as arbitration and mediation. Those forums increasingly provide the most timely and economical means of resolving commercial disputes. Many of the firm's attorneys have served as arbitrators, and have significant experience representing clients in arbitration proceedings in conjunction with the firm's long-standing service to construction industry clients. Construction and Procurement LawFor more than thirty years, Sheehan, Sheehan & Stelzner has represented a broad array of construction industry clients. Our many clients in this area include construction managers, general contractors, subcontractors, owners, design professionals, the State of New Mexico and construction industry trade associations. The firm regularly represents clients in cases involving construction claims, bidding and procurement issues, construction liens, delay damage claims, Miller Act claims, governmental regulation of the construction industry, contract interpretation and construction failures. Every member of the firm is available to serve the legal needs of the construction industry. Our business lawyers help clients to plan carefully in order to avoid future disputes. Our trial lawyers make every effort to quickly master the facts of each construction dispute in order to advise clients of viable options for resolution, including possibilities for negotiated settlement and the advisability of preparing the case for presentation to a judge, jury or arbitration panel. Members of the firm regularly serve as arbitrators in an effort to help resolve the growing number of construction disputes that are submitted to arbitration. Firm members also participate in the construction industry through the presentation of seminars to numerous trade associations, lawyer groups and law students. Timothy M. Sheehan is the author of a text entitled Construction Law in New Mexico, which provides members of the construction industry and lawyers with a comprehensive overview of construction law in the State. In addition, members of the firm belong to the Construction Industry Forum of the American Bar Association, the Associated General Contractors of New Mexico, the American Subcontractors Association, the Construction Industry Arbitration Panel of the American Arbitration Association, the Construction Financial Management Association, and the National Association of Women in Construction. Corporate and General Business LawSheehan, Sheehan & Stelzner offers a full range of services to corporate and business clients. For the client who wishes to incorporate a business, the firm prepares all the necessary incorporation documents and ensures that they are filed with the appropriate agencies. The firm performs periodic check-ups on its corporate clients to insure that annual meetings are held, appropriate minutes are kept and required reports are drafted and filed with the Corporation Commission. Among the firm's members are attorneys with degrees in business and economics, who have experience in assessing the relative merits of prospective business associations. The firm negotiates a wide variety of business, real estate and commercial transactions for its business clients, and reviews and drafts the requisite documents necessary to formalize the terms of such transactions (including contracts, partnership and joint venture agreements, purchase and sale agreements, loan agreements and other documents). When a corporate or business client finds itself involved in litigation, or finds it necessary to bring suit, the firm is well-equipped to serve. A substantial portion of our time and resources is devoted to commercial litigation involving a broad array of disputes that arise in the business setting. The firm has represented business clients in multi-million dollar, complex commercial litigation involving tens of thousands of documents, and has the technological capability necessary to efficiently handle lawsuits of such magnitude. Employment LawEmployment law in New Mexico has experienced significant changes in recent years, including steady erosion of the termination-at-will doctrine, hiring and firing constraints imposed by federal statutes such as the Americans with Disabilities Act and the Age Discrimination in Employment Act, and confusion caused by ambiguity in wage and hour laws governing overtime and compensatory time off. As a result, employers are finding themselves increasingly vulnerable to wrongful termination and other employment-related claims, and in need of legal counseling on their rights and responsibilities under various federal and state laws governing employment practices. The firm's employment law practice has expanded in response to those needs, and we have provided a variety of large and small employers with assistance on employment-related matters. For example, the firm has defended employers in litigation involving employment discrimination, ADA claims, alleged breach of contract, wrongful termination, and in administrative proceedings involving unemployment compensation claims. Luis G. Stelzner and Ray Vargas have represented a variety of clients in employment discrimination and ADA matters. Kim A. Griffith of the firm provides ongoing counsel to a number of employer clients on personnel issues, including employee performance and disciplinary problems, wage and hour disputes, and unemployment compensation questions. The firm's goal in employment law counseling is to help employers identify and properly handle personnel problems, so that they do not result in costly litigation. We also assist clients in reviewing and revising their personnel policies and procedures, as another means of avoiding employment-related litigation. Environmental LawSheehan, Sheehan & Stelzner offers representation to individuals, insurers, businesses, and governmental entities in the area of environmental law. Examples of the firm's work in the environmental law area include representation of insurance companies in leaking underground storage tank cases, and of property owners in real estate transactions involving contaminated land. We have represented landowners in environmental litigation arising out of gasoline contamination and other hazardous waste, including PCBs, medical wastes and solvents. The firm has also represented the New Mexico State Highway Department and the Greater Albuquerque Chamber of Commerce in environmental litigation involving the construction of highway bridges over the Rio Grande, the Middle Rio Grande Conservancy District, and the San Juan Water Commission in issues regarding the Endangered Species Act. The firm uses a team approach in its work on environmental cases. Our attorneys work regularly with outside technical experts including geologists, hydrologists and economists with experience in environmental assessment and remediation. The firm's litigators and its extensive legal research, investigative and staff-support resources complete the team and are available as needed to enhance the firm's services in this area. Grand Jury Representation and Criminal DefenseAn increasing risk for those doing business in today's complex regulatory environment is heightened scrutiny by state and federal investigatory bodies, and the potential for prosecutors or government investigators to look into everyday business and personal affairs. Often, the businesses and individuals under investigation have done nothing more than engage in routine business practices and make business decisions that they believe to be proper and lawful, or had the misfortune of doing business with people or companies that are targets of government investigation. Luis G. Stelzner of the firm provides a full range of services to clients who find themselves under subpoena to testify or the subject or target of grand jury or criminal proceedings. Those services include counseling on appropriate response to subpoenas; advice on the criminal process and the rights and obligations of witnesses and people under investigation; protection and safeguarding of client confidentiality; representation of client interests in meetings with prosecutors and investigators, and defense in criminal as well as civil proceedings where a conviction or finding of liability could result in imposition of fines, penalties and/or incarceration. Mr. Stelzner taught criminal law and procedure at the University of New Mexico School of Law for nine years, and also served as an Assistant District Attorney with the Consumer Fraud White Collar Crime Unit of the San Francisco District Attorney's Office. He has represented businesses and individual clients in connection with grand jury subpoenas, investigations by federal, state and local prosecutorial bodies, and in criminal and quasi-criminal proceedings. Insurance CoverageRepresentation of insurers and insureds in insurance coverage disputes has become a significant part of the firm's practice. We have served as "coverage counsel" for a number of long-standing insurance company clients, but have also represented insureds ranging from large corporations; small businesses; individuals; public entities at the state, county and local levels; non-profits, as well as religious and charitable organizations. The firm has resolved coverage issues arising under a wide variety of insurance coverage forms, including property and casualty, directors and officers liability, health and disability, life and credit life insurance, ERISA, automobile liability, uninsured/underinsured motorists, homeowners, comprehensive and commercial general liability, premises liability, professional liability, surety and fidelity, crop insurance, fire insurance, aviation insurance, self-insured benefit plans, stop loss plans, and workers compensation/employers liability. We also have experience in litigating coverage disputes in both state and federal court involving issues such as environmental pollution; sexual harassment; sexual molestation; joint ventures; retrospective premium agreements; arbitration clauses; premises liability; completed operations; products liability; automobile uninsured/underinsured motorist coverage; intentional acts; punitive damages; assault and battery; negligent hiring, retention and supervision; employment practices, and workers compensation. In addition, the firm has successfully prosecuted and defended claims for unfair insurance practices, unfair trade practices and insurance bad faith. A sampling of the firm's insurance coverage clients includes:
Insurance DefenseInsurance defense has been a mainstay of the firm's litigation practice since 1950 and remains so today. We have defended claims of wrongful death, personal injury, property damage, products liability, professional liability, breach of warranty, negligence, worker's compensation, design and manufacturing defects and insurance bad faith arising in a broad array of contexts. For example, we have defended claims resulting from aviation accidents, automobile accidents, inn-keepers and premises liability, heavy machinery and industrial accidents, building construction, medical apparatuses and toxic spills. A sampling of the firm's insurance defense clients includes:
Land Use and Real Estate LawSheehan, Sheehan & Stelzner offers clients a full range of services in the area of land use and real estate law. These services often complement the firm's practice in the areas of environmental law, water law, construction law, corporate and general business law. The firm has an active land use practice, representing numerous clients in planning and zoning determinations. The firm has played a vigorous role in commenting on and shaping subdivision ordinances implementing the new Subdivision Act. Furthermore, the firm is intimately familiar with the use of impact fees and growth management tools to allow for reasonable and sensible growth. In advising both private and public entities, the firm has developed considerable expertise in the area of environmental law, particularly the many federal and state regulations governing property use and development. The firm has assisted numerous clients, including land owners, contractors and developers, in the formation, operation and termination of corporations as well as limited and general partnerships holding real property. Our experience in real estate law includes the review and drafting of documentation and the negotiation of transactions relating to: the acquisition, development, construction and sale of real estate; the financing of real estate acquisition and development; the acquisition of adequate security with respect to real estate transactions (including mortgages, real estate contracts, assignments of leases and rents); leasing (including ground leasing) of real estate; restrictive covenants, and Internal Revenue Code Section 1031 exchange transactions involving multiple parties. The firm also has been involved in transactions involving work outs among lenders, partners, and contractors; the conveyancing of easements, and title work involving both real property and water rights acquisitions. We also assist our real estate clients with analysis of the tax implications of transactions. The firm has represented clients in court, administrative and arbitration proceedings involving quiet title actions; the dissolution and termination of partnerships involving real estate; the eviction of defaulting tenants; boundary, encroachment, and easement disputes; title issues, and foreclosure on real estate held by clients as security for obligations of others. The Law of ReapportionmentLuis G. Stelzner and the firm served as co-counsel for the New Mexico Legislative Council Service in the 1991-1992 legislative redistricting process. With the firm's assistance, the New Mexico Legislative Redistricting Plan passed through the United States Justice Department's rigorous preclearance procedure. Mr. Stelzner also served as co-counsel for the Plaintiffs in statewide legislative reapportionment cases that twice challenged the New Mexico legislative reapportionment between 1982 and 1984. In addition, he has provided redistricting advice to the City of Farmington, as well as Santa Fe and Curry Counties and the Artesia Hospital District. Mr. Stelzner also has extensive experience in complex litigation in state and federal courts, and has kept current on developments in the law of reapportionment and related constitutional and public law issues through representation of numerous public entities, including New Mexico State University, the City of Soccoro, the University of New Mexico, the New Mexico State Highway Department, and the San Juan Water Commission. As a result of his breadth of experience, Mr. Stelzner can provide practical assessments of possible challenges to particular reapportionment plans, and recommend feasible ways of avoiding such challenges. Legislative RelationsSheehan, Sheehan & Stelzner's practice includes legislative relations under the direction of Thomas J. Horan. Through in-depth analysis of proposed legislation and on-going interaction with legislators, the firm seeks to provide increased protection for and advancement of its clients' interests. Prior to joining the firm, Mr. Larragoite served as Assistant Director of the New Mexico Legislative Council Service. In that capacity, he researched and analyzed legal issues, drafted legislation, advised legislators on matters of legislative rules and procedures and provided expert testimony before legislative committees upon request. Mr. Larragoite serves as Special Assistant to the President of the University of New Mexico and represents UNM's interests before the legislature. In addition to representing the University, Mr. Larragoite represents Albuquerque Economic Development, Inc., MBIA Insurance Corporation, the Museum of New Mexico Foundation, the New Mexico Association of Nonpublic Schools, the New Mexico District Judges Association, the New Mexico Metropolitan and Magistrate Judges Association and the New Mexico Society of Certified Public Accountants before the New Mexico Legislature. Mr. Larragoite has represented Intel and Ericsson-GE with respect to their activities before the City of Albuquerque. Mr. Horan, Of Counsel to the firm, has engaged in legislative relations on behalf of a wide spectrum of clients for more than a decade, and was a member of the New Mexico House of Representatives from 1975-1977. Mr. Horan's legislative clients include the City of Albuquerque, Albuquerque Title Company, the American Automobile Association, Independent Insurance Agents, The Nature Conservancy, New Mexico Academy of Physician Assistants, New Mexico Library Association, Presbyterian Healthcare Services, Presbyterian Health Plan of New Mexico, Ski New Mexico, Inc., Village of Taos Ski Valley and Sunland Park. Mr. Larragoite and Mr. Horan bring to the firm an in-depth knowledge and familiarity with the legislative process, and are well-equipped to represent the interests of the firm's clients in the legislative arena. Natural Resources LawSheehan, Sheehan & Stelzner provides assistance to clients in the area of natural resources law, including mining. In the area of natural resources law, the firm has assisted a public utility in negotiations with the United States Forest Service regarding permitting and compliance with the Archaeological Resources Protection Act of 1979, and has represented clients in disputes involving issues arising under the Clean Water Act, the National Environmental Policy Act and the Endangered Species Act. The firm has investigated and documented title to hard-rock mining claims, and has represented mining clients before the New Mexico State Legislature. The firm has also represented mining companies in the acquisition and transfer of water rights for industrial and reclamation purposes. The firm has also represented the Entranosa Water & Wastewater Cooperative regarding utility issues, and has created and consulted with a number of other water cooperatives. The firm's experience in other legal areas, such as administrative law, construction law, environmental law, legislative relations and water law, greatly enhances its ability to provide quality legal service to the mining industry and other natural resource clients. Products Liability Complex and Mass Tort LitigationThe firm currently represents defendants in three current complex and mass tort law suits: the breast implant litigation, the L-Tryptophan litigation and the repetitive stress syndrome litigation. Previously, the firm represented a litigant in the asbestos litigation. Luis G. Stelzner, Briggs F. Cheney, Craig T. Erickson and Robert P. Warburton are the firm's attorneys who have worked most extensively in recent years on these cases. In addition, the firm has had, and continues to have, a major tort practice involving representation of archdioceses and other clients in abuse claims, manufacturers in aircraft accident cases, and a wide variety of manufacturers and distributors in products liability and other personal injury and wrongful death cases. For more than twenty-five years, Sheehan, Sheehan & Stelzner has represented clients in products liability litigation, including cases involving aviation, propane and natural gas systems and construction design. In addition, we have litigated products liability cases involving vehicle brake and fuel systems, hospital equipment, plastics, chemicals and heavy equipment. The firm emphasizes close, on-going communication with its products liability clients and their insurers. A sampling of clients that we have represented in the products liability area includes:
Members of the firm participate in the Federation of Insurance and Corporate Counsel, Defense Lawyers Associations, the American Board of Trial Advocates, and Best Lawyers in America. Water LawSheehan, Sheehan & Stelzner offers comprehensive services to clients in the area of water law, including assistance in the areas of government relations, water for development projects, utility law, and water quality issues. The firm's current and former clients in the water law area include Santa Fe County, Sparton Technology, Inc., Intel Corp., the Middle Rio Grande Conservancy District, Vista del Oro subdivision, Black Ranch, American Property Inc., the Acequias Norteñas, and New Mexico State University. In addition to successfully representing clients before the New Mexico State Engineer in connection with the transfer, appropriation, and proving of water rights, the firm has formulated municipal and institutional water plans; assisted clients with the establishment and operation of community and municipal water systems; represented private litigants in court regarding adjudications, applications and transfers of water rights; assisted clients in buying and selling water rights on the private market and assisted clients with NPDES and other water quality concerns. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2003 by Sheehan, Sheehan & Stelzner, P.A.. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |