Shareholder and President
BIOGRAPHY
- Todd is one of New Mexico’s most experienced trial lawyers, in both the criminal and civil arenas. He also has extensive appellate experience, with over fifty reported New Mexico opinions as lead, local or amicus counsel. Todd has handled complex civil and criminal litigation throughout his career.
- Todd has represented clients in white-collar criminal defense cases. Todd investigated and brought major qui tam litigation involving federal construction material procurement regulations. Todd served as lead counsel in internal and federal criminal investigations involving national security rules, corporate responsibility, Medicaid fraud allegations, SEC compliance, and financial matters.
PRIMARY PRACTICE AREAS
NOTABLE CASE RESULTS
- Hess Corp. v. New Mexico Taxation and Revenue Dept., 2011-NMCA-043 (represented New Mexico Taxation and Revenue Department in litigation to recover severance taxes arising from carbon dioxide class action).
- New Mexicans for Free Enterprise v. The City of Santa Fe, 2006-NMCA-007 (pro bono defense of City of Santa Fe at trial and on appeal in challenge to its authority to enact its own minimum wage).
- State ex rel. Sandel v. New Mexico PUC, 1999-NMSC-19 (representation of a bipartisan group of New Mexico representatives and senators seeking an original writ asserting that the New Mexico Public Utility Commission had violated the separation of powers provision in the New Mexico Constitution by deregulating the electric power industry).
- Village of Wagon Mound v. Mora Trust, 2003-NMCA-035 (litigation over municipality’s contractual right to use of water source).
- Wessel v. City of Albuquerque, 299 F.3d 1186 (10th Cir. 2002) and 463 F.3d 1138 (10th Cir. 2006) (representation of exclusive collective bargaining representative in defense of City of Albuquerque’s collective bargaining fair share resolutions).
- State v. Werner, 1990-NMCA-019 (dealing with the rights of mentally ill defendants under statute that permits civil proceedings for persons found guilty but mentally ill).
- State v. Cordova, 1989-NMSC-083 (early New Mexico case deviating from federal 4th Amendment standards on state constitutional grounds).
- State v. Ybarra, 1990-NMSC-109 (standards for custodial interrogation when police officer present during questioning for purposes of medical treatment).
- Montaño v. Frezza, 2017-NMSC-015 (established the contours of interstate comity in medical negligence cases).
Other Relevant Expertise and Service
OTHER RELEVANT EXPERIENCE
- Assistant Appellate Defender and Assistant Public Defender, New Mexico Public Defender Department, 1988-1993.
- Wrote “Grand Jury and Preliminary Hearing Practice” Chapter, New Mexico Criminal Practice Manual.
- Co-Chair of the New Mexico State Bar Task Force to study the administration of the death penalty.
- Amicus Co-chair of the New Mexico Criminal Defense Lawyers Association.
- Panel member, Bar Association of the United States District Court for the District of New Mexico, Daubert and Kumho developments, July 2000.
- Past member of the New Mexico Supreme Court Rules of Criminal Procedure Committee.
- Past member of the New Mexico Supreme Court Committee for Improvement of Jury Service.
- Past member of the New Mexico Children’s Court Rules Committee.
- General Counsel to the National Education Association-New Mexico.
Engagement With Community Organizations and Pro Bono Service
- Todd represented, along with other dedicated counsel, many New Mexico religious leaders in a writ petition before the New Mexico Supreme Court to protect the religious rights of potential jurors in death penalty cases (see firm summary above).
- Todd represented the Democratic Party of New Mexico in a writ petition before the New Mexico Supreme Court to attempt to increase ballot access for minorities and the elderly.
- Todd has represented many community and immigrants’ rights groups as amicus curiae in litigations to support the Living Wage Ordinance passed by the City of Santa Fe (see Firm summary above).
- Pro bono counsel to Temple Beth Shalom
MEMBERSHIPS, APPOINTMENTS AND HONORS
Significant Appointments and Memberships
- Member, New Mexico Criminal Defense Lawyers Association;
- Member, New Mexico Trial Lawyers Association; and
- Member, National Organization of Lawyers for Education Associations.
- Co-Chair, New Mexico State Bar Association Task Force to Study The Administration Of The Death Penalty;
- Amicus Co-Chair of the New Mexico Criminal Defense Lawyers Association
- Panel member, Bar Association of the United States District Court for the District of New Mexico, Daubert and Kumho developments, July 2000
- Past member, New Mexico Supreme Court Rules of Evidence Committee
- Past member, New Mexico Supreme Court Rules of Criminal Procedure Committee
- Past member, New Mexico Supreme Court Children’s Court Rules Committee
Honors
- Martindale-Hubbell peer rating of A-V Preeminent.
- Southwest SuperLawyer.
EDUCATION
- Stanford University (A.B., with distinction in English and honors in Humanities, 1984)
- New York University (J.D., 1988) Senior Articles Editor, New York University Review of Law and Social Change, 1987-1988.
BIOGRAPHY
- Todd is one of New Mexico’s most experienced trial lawyers, in both the criminal and civil arenas. He also has extensive appellate experience, with over fifty reported New Mexico opinions as lead, local or amicus counsel. Todd has handled complex civil and criminal litigation throughout his career.
- Todd has represented clients in white-collar criminal defense cases. Todd investigated and brought major qui tam litigation involving federal construction material procurement regulations. Todd served as lead counsel in internal and federal criminal investigations involving national security rules, corporate responsibility, Medicaid fraud allegations, SEC compliance, and financial matters.
PRIMARY PRACTICE AREAS
NOTABLE CASE RESULTS
- Hess Corp. v. New Mexico Taxation and Revenue Dept., 2011-NMCA-043 (represented New Mexico Taxation and Revenue Department in litigation to recover severance taxes arising from carbon dioxide class action).
- New Mexicans for Free Enterprise v. The City of Santa Fe, 2006-NMCA-007 (pro bono defense of City of Santa Fe at trial and on appeal in challenge to its authority to enact its own minimum wage).
- State ex rel. Sandel v. New Mexico PUC, 1999-NMSC-19 (representation of a bipartisan group of New Mexico representatives and senators seeking an original writ asserting that the New Mexico Public Utility Commission had violated the separation of powers provision in the New Mexico Constitution by deregulating the electric power industry).
- Village of Wagon Mound v. Mora Trust, 2003-NMCA-035 (litigation over municipality’s contractual right to use of water source).
- Wessel v. City of Albuquerque, 299 F.3d 1186 (10th Cir. 2002) and 463 F.3d 1138 (10th Cir. 2006) (representation of exclusive collective bargaining representative in defense of City of Albuquerque’s collective bargaining fair share resolutions).
- State v. Werner, 1990-NMCA-019 (dealing with the rights of mentally ill defendants under statute that permits civil proceedings for persons found guilty but mentally ill).
- State v. Cordova, 1989-NMSC-083 (early New Mexico case deviating from federal 4th Amendment standards on state constitutional grounds).
- State v. Ybarra, 1990-NMSC-109 (standards for custodial interrogation when police officer present during questioning for purposes of medical treatment).
- Montaño v. Frezza, 2017-NMSC-015 (established the contours of interstate comity in medical negligence cases).
Other Relevant Expertise and Service
OTHER RELEVANT EXPERIENCE
- Assistant Appellate Defender and Assistant Public Defender, New Mexico Public Defender Department, 1988-1993.
- Wrote “Grand Jury and Preliminary Hearing Practice” Chapter, New Mexico Criminal Practice Manual.
- Co-Chair of the New Mexico State Bar Task Force to study the administration of the death penalty.
- Amicus Co-chair of the New Mexico Criminal Defense Lawyers Association.
- Panel member, Bar Association of the United States District Court for the District of New Mexico, Daubert and Kumho developments, July 2000.
- Past member of the New Mexico Supreme Court Rules of Criminal Procedure Committee.
- Past member of the New Mexico Supreme Court Committee for Improvement of Jury Service.
- Past member of the New Mexico Children’s Court Rules Committee.
- General Counsel to the National Education Association-New Mexico.
Engagement With Community Organizations and Pro Bono Service
- Todd represented, along with other dedicated counsel, many New Mexico religious leaders in a writ petition before the New Mexico Supreme Court to protect the religious rights of potential jurors in death penalty cases (see firm summary above).
- Todd represented the Democratic Party of New Mexico in a writ petition before the New Mexico Supreme Court to attempt to increase ballot access for minorities and the elderly.
- Todd has represented many community and immigrants’ rights groups as amicus curiae in litigations to support the Living Wage Ordinance passed by the City of Santa Fe (see Firm summary above).
- Pro bono counsel to Temple Beth Shalom
MEMBERSHIPS, APPOINTMENTS AND HONORS
Significant Appointments and Memberships
- Member, New Mexico Criminal Defense Lawyers Association;
- Member, New Mexico Trial Lawyers Association; and
- Member, National Organization of Lawyers for Education Associations.
- Co-Chair, New Mexico State Bar Association Task Force to Study The Administration Of The Death Penalty;
- Amicus Co-Chair of the New Mexico Criminal Defense Lawyers Association
- Panel member, Bar Association of the United States District Court for the District of New Mexico, Daubert and Kumho developments, July 2000
- Past member, New Mexico Supreme Court Rules of Evidence Committee
- Past member, New Mexico Supreme Court Rules of Criminal Procedure Committee
- Past member, New Mexico Supreme Court Children’s Court Rules Committee
Honors
- Martindale-Hubbell peer rating of A-V Preeminent.
- Southwest SuperLawyer.
EDUCATION
- Stanford University (A.B., with distinction in English and honors in Humanities, 1984)
- New York University (J.D., 1988) Senior Articles Editor, New York University Review of Law and Social Change, 1987-1988.
