John P. Burton

Education

	Harvard Law School (L.L.B., 1968)
	Louisiana Tech University (B.S., magna cum laude, Accounting major, 1965)

Professional Experience

Jack Burton is a director in the Santa Fe office. He has a state-wide, multi-disciplined, commercial practice involving transactions, alternative dispute resolution and litigation in federal and state courts, and legislative representation.

He handles complex, commercial disputes of most kinds, including class action litigation with nationwide discovery, arbitration, mediation and facilitation.

Mr. Burton also handles complex transactions involving business and property matters including mergers, acquisitions and financing. He works with industrial, office, commercial, hotel, residential, gaming and ranch properties and businesses. He deals with all aspects of the Uniform Commercial Code and has participated in its revision.

Jack has experience in legislative representation in obtaining enactment of more than 40 uniform law bills, as well as representing firm clients.

Mr. Burton represents international, national and local clients, and works with and against lawyers located all over the country. He resides in Santa Fe, the state capital, which is 60 miles from Albuquerque.

Professional Memberships and Activities

	Business Lawyer of the Year, Business Law Section, State Bar of New Mexico
	Listed in The Best Lawyers in America under Banking Law, Corporate Law, Native American Law, and Real Estate Law, based on peer review
	Listed in Southwest Super Lawyers, based on peer review
	Member, Advisory Board, Institute for Energy Law
	Member of these National Panels of American Arbitration Association, based on peer review:
	Large & Complex Case Panel of Arbitrators
	Commercial Panel of Arbitrators
	Member, Chartered Institute of Arbitrators (international), based on peer review
	Member, First Judicial District Court Settlement Facilitation Program, based on peer review
	Member, American College of Real Estate Lawyers, based on peer review
	Member, American College of Mortgage Attorneys, based on peer review
	Former Chair, Commercial Litigation Section of State Bar
	Fellow, American Bar Foundation
	Fellow, Litigation Counsel of America
	Has achieved highest Martindale Hubbell rating, based on peer review
	Listed in Who’s Who in America
	Commissioner, Uniform Law Commission
	Member, Observer, Former Chair or Former Member of These Committees of Uniform Law Commission, among others:
	To Revise Uniform Commercial Code Articles 2, 2A, 5 and 9
	To Review Uniform Commercial Code Article 9
	To Draft: Uniform Prudent Management of [Charitable] Institutional Funds Act: Uniform Oversight Over Charitable Assets Act Uniform Power of Attorney Act
	Liaison with American Indian Tribes and Nations
	To Study: Payments Issues Model Tribal Legislation on Collateralization of Interests in Real Property Environmental Controls Notice
	Member, American Law Institute, based on peer review
	Member Consultative Groups of These American law Institute Projects: Principles of the Law of Nonprofit Organizations Restatement, Third, Trusts Restatement, Third, Property (Wills and Other Donative Transfers) Restatement, Third, Torts: Liability for Physical and Emotional Harm Restatement Third, Restitution and Unjust Enrichment Restatement, Third, U.S. Law of U.S. Intn’l Commercial Arbitration Principles of Trade Law:  World Trade Organization UCC Article 9 Review Committee
	Author:  New Mexico Commercial Lending Law, in Commercial Lending Law: A State-by-State Guide (American Bar Association 2009); Certificate of Title Law: State Certificate of Title Laws – New Mexico  (American Bar Association 2009).
	Co-author:  Doing Business in New Mexico (2006) www.rodey.com/publications
	Effective Boundary Dispute Resolution in New Mexico (National Business Institute 2004)
	New Mexico Environmental Law Handbook (Government Institutes 5th ed. 2000)
	Seminar speaker on Easements, Boundaries, Real Estate Finance, Nonprofits, Title Insurance, Civil Litigation, Civil RICO, Article 9 of the UCC and Ethics

Reported Decisions:

Jaramillo v. Gonzales, 2002-NMCA-072, 132 N.M. 459, 50 P.3d 554 (Ct. App. 2002), represented national bank in appeal of products liability and UCC Article 2 lawsuit that was tried and lost by other counsel before we got into the case .

Winrock Inn Co. v. Prudential Ins. Co., represented national insurance company in drafting hotel lease in regional shopping center, drafted and negotiated clause allowing landlord to "expand, contract or change" common area; became witness when tenant objected to major change in common area that entirely deprived tenant of access to enclosed mall; clause applied on appeal by other counsel to defeat tenant’s claims, 1996-NMCA-131, 122 N.M. 562, 928 P.2d 947 (Ct. App. 1996).

Thrailkill v. Champion Ford, Inc., 776 F. Supp. 1486 (D.N.M. 1991), represented Ford Motor Company in RICO suit with common law claims; case dismissed for failure to state RICO claim and for lack of federal jurisdiction , after judge had already ruled the other way before we got into the case .

Melton v. Lyon, (1987-89) engaged by American Arbitration Association to represent arbitrator; favorable decision by trial court; no appeal on this issue; appeal on other issues not affecting client; our briefing in trial court resulted in opinion by State Supreme Court generally favorable to arbitration process, contrary to earlier opinions, 108 N.M. 420, 773 P.2d 732 (1989).

Bokum v. First National Bank represented national bank in settling usury and other claims asserted by litigious borrower; negotiated and drafted release with special provisions to protect against anticipated future litigation; became a witness when borrower later filed suit to set aside the release; provisions applied on appeal by other counsel to defeat borrower’s claims, 106 N.M. 143, 740 P.2d 693 (1987).

Nassar v. Utah Mortgage Loan Corporation, 100 N.M. 419, 671 P.2d 667 (Ct. App. 1983), represented regional lender; interpretation of standard mortgage clause in real estate fire policy; summary judgment for our client; affirmed.

Jones v. Ford Motor Co., 599 F.2d 394 (10th Cir. 1979), represented Ford, Sherman Act § 2; federal stock fraud; nationwide discovery; obtained summary judgment on standing defense to antitrust claim and on limitations defense to Rule 10(b)(5) claim; affirmed.

Winrock Enterprises, Inc. v. House of Fabrics of New Mexico, Inc., 91 N.M. 661, 579 P.2d 787 (1978), represented Arkansas corporation owned by the Estate of the late Governor Winthrop Rockefeller; common law restraint of trade; enforcement of radius clause in shopping center lease; affirmed summary judgment on appeal.

Warren v. Bokum Resources Corp., 433 F. Supp. 1360 (D.N.M. 1977), represented major New York shareholder of national mining company; federal and state securities fraud; nationwide discovery; tried, lost, settled on appeal.

Hines v. St. Joseph's Hospital, 86 N.M. 763, 527 P.2d 1075, cert. denied sub nom Hines v. Blood Services, Inc., 87 N.M. 111, 528 P.2d 1232 (1974), represented regional blood bank in products liability suit; obtained summary judgment because product was unavoidably unsafe; affirmed on appeal.

Brito v. Zia Company, 478 F.2d 1200 (10th Cir. 1973), represented defense contractor in appeal of adverse employment discrimination judgment; affirmed.

Pirch v. Firestone Tire & Rubber Co., 80 N.M. 323, 455 P.2d 189, 38 ALR 3d 1273, cert. denied 80 N.M. 316, 454 P.2d 973 (1969), represented manufacturer of truck tire on appeal in product liability suit; jury verdict against client reversed on appeal for jury coercion.

Other Significant Litigation:

Represented city councilor in suit against city; civil rights, constitutional and common law claims, favorable settlement as result of mediation.

Represented automobile manufacturer in multi-plaintiff, consumer fraud claim in state court filed after above-described federal court action was dismissed, favorable settlement after motions to dismiss and mediation.

Resented English merchant in litigation against Indonesian citizen who tried to corner the world’s sugar market and failed, $2,800,000 default judgment in favor of our client, collected more than $1.5 million for client, no appeal. We were the only counsel in the world to collect anything for the client against this debtor.

Represented national radiopharmacy chain against competitor in Sherman Act § 2, Clayton Act and Robinson-Patman case, favorable settlement after nationwide discovery.

Represented automobile manufacturer in Sherman Act and Little Sherman Act §§ 1 and 2, Clayton Act § 3, federal and state lawsuits dismissed on motion, no appeal.

New Mexico Gasoline Cases, represented statewide distributor and retailer of gasoline in Little Sherman Act § 1, criminal grand jury and prosecution, nolo plea, and in subsequent civil suit under Sherman Act and Little Sherman Act § 1, favorable settlement.

Represented California savings and loan association, subsidiary of national company, on foreclosure of mortgage, counterclaims for lender liability, Unfair Trade Practices, RICO, discovery in California and New Mexico, partial summary judgment, favorable settlement of remainder.

Represented defendant national insurance company, Little Sherman Act §§ 1 and 2 brought by disgruntled tenant in shopping center owned by client , discovery in Texas and New Mexico, obtained partial summary judgment, favorable settlement of remainder of case.

Represented western subsidiary of national company in New Mexico Prestressed Concrete cases, statewide class action for damages and injunction, Sherman Act and Little Sherman Act § 1, discovery in Texas, Colorado and New Mexico, favorable settlement.

Criminal grand jury and prosecution under Sherman Act § 1 in New Mexico Prestressed Concrete Cases; nolo plea, (see above).

Represented owner of shopping center against ground sublessee's claims of fraud, breach of fiduciary duty arising out of operation and ownership of hotel, discovery in New York, Arkansas and New Mexico, won at trial, affirmed by 10th Circuit in unpublished opinion.

Represented defendant regional trade association and officers in FTC investigation; consent order.

Represented defendant national CPA firm in suit filed by Melvin Belli's law firm in Rule 10(b)(5) case, favorable disposition after discovery and motions.

Significant Recent Transactions:

Represented purchasers of famous actress's home in Santa Fe. Now represent them in its sale.

Represent California developer in investigation and prospective purchase of land near Silver City in Southwestern part of state for residential subdivision.

Represented North Carolina purchaser in acquisition of cable television franchises and properties in Eastern New Mexico.

Represented Colorado family in sale of large New Mexico ranch near Chama in North-Central New Mexico to Santa Fe entrepreneur for game park.

Represented Los Alamos credit union in acquisition of large Santa Fe site for new branch, with complex easement issues.

Represented Colorado hotel management company in liquor license matters in connection with Santa Fe hotel and restaurant operations.

Represented Albuquerque defense contractor in purchase of all assets of California business out of UCC foreclosure.

Sale of tenancy in common interest in utility plant located on leasehold and easement land interests in Indian County (Represented Seller).

Represented Texas purchaser of Northeastern New Mexico ranch. Also represented Illinois purchaser of three other ranches in same general area.

Represented broker in dispute over real estate commission on sale of 15th century Portuguese castle.

Represented Taos family in negotiating multi-year ground lease with Wal-Mart.

Counsel to California lender on loan to developers of Las Campanas Subdivision near Santa Fe, with complex water rights and permitting issues.

Represented California and Texas investors in purchase of investment interest in same subdivision.

Represented Oregon purchaser in acquisition of Santa Fe Reporter newspaper.

Represented minority owners in sale of chain of service stations.

Counsel for New York bond insurers of revenue bonds for City of Rio Rancho, NM.

Represented lender on financing for Homewood Suites Hotel, Santa Fe.

Represented local developers on Escorial Resort Project, Santa Fe.

Represented developer-subsidiary of Netherlands company in City permitting process for Tano Santa Fe Subdivision and sale of subdivision.

Counsel for institutional investor on purchase of shopping center in Albuquerque and subsequent re-finance.

Represented purchaser on acquisition of Tierra Contenta Subdivision adjacent to Santa Fe.

Counsel for railroad on mortgage of railroad lines in New Mexico.

Represented California lender on land acquisition and development loan for Albuquerque shopping center.

Represented seller, a Boston Insurance company, in sale of Hilton Inn, in Albuquerque. (Also represented same client in acquisition and leaseback of this hotel, including liquor license; and later handled the disputed termination of the lease).

Represented English owner in sale of licensed wild game ranch in West-Central New Mexico.

Represented lender, Boston insurance company, on mortgage on motel built on ground leasehold.

Represented regional seller of homes in sale of New Mexico division with sub­divisions in Albuquerque and Santa Fe.

Represented California insurance company in acquisition of Atrisco Plaza Shopping Center in Albuquerque.

Represented two different loans for construction financing of the Ramada Classic Hotel in Albuquerque and of The Inn in Grants, NM.

Represented national insurance company on mortgage on Central New Mexico ranch.

Represented two California lenders on construction mortgage on apartments in Albuquerque.

Represented seller in sale of First Plaza office and retail complex, Albuquerque. ( Earlier handled construction and permanent financing for owner, involving complex off-balance-sheet financing for this project, with complex subjacent easement issues.

Represented California lender on several construction mortgages on Albuquerque apartments.

Represented California lender on permanent loan on shopping center in Southeastern New Mexico.

Represented ground lessor in sale of leasehold interest in Winrock Shopping Center, Albuquerque.

Represented industrial purchaser in acquisition of large Albuquerque plant site, with complicated drainage issues.

Represented California REIT on construction mortgage on ground leasehold for Western New Mexico shopping center.

Was counsel to First National Bank in Albuquerque before it was merged out of existence and handled a wide variety of transactions for it.