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 litigation, arbitration, mediation and settlement facilitation.
Mr. Burton also handles complex transactions involving business and property matters including mergers, acquisitions, leasing 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.
Mr. Burton handles an active legislative practice and has helped to obtain the enactment of more than 40 uniform law bills as a public service to the people of New Mexico.
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 & Activities:
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Selected as Santa Fe Mediation Lawyer of the Year -2013 by Best Lawyers in America
Selected as Santa Fe Real Estate Lawyer of the Year-2011 by Best Lawyers in America
Selected to the Lawdragon Top 3000, an elite list of the nation’s top 3000 attorneys, in 2010 by Lawdragon Magazine.
Selected as Business Lawyer of the Year in 2004, by the New Mexico State Bar Association Business Law Section
Listed in The Best Lawyers in America in eleven categories:
Administrative/Regulatory Law, Arbitration, Banking and Finance Law, Corporate Law, Financial Services Regulation Law, Gaming Law, Government Relations Practice, Mediation, Mortgage Banking Foreclosure Law, Native American Law, and Real Estate Law, all based on peer review
Listed in Southwest Super Lawyers, based on peer review
Fellow, American Bar Foundation
Fellow, Litigation Counsel of America
Listed in Who’s Who in America
New Mexico State Bar Association – Board of Bar Commissioners
Former Chair, New Mexico State Bar Association Commercial Litigation Section
Vice Chair and Principal Drafter, Ad Hoc Committee, New Mexico State Bar Association Real Estate, Probate and Trust Section, Committee to Amend Deed of Trust Act
Member, New Mexico State Bar Association Commission on Professionalism
Member of these National Panels of American Arbitration Association:
Large & Complex Case Panel of Arbitrators
Commercial Panel of Arbitrators, both based on peer review
Member, Chartered Institute of Arbitrators (international), based on peer review
Member, First Judicial District Court Settlement Facilitation Program, and Mortgage Foreclosure Settlement Facilitation Panel, both 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
Commissioner, Uniform Law Commission
Member, Observer, Former Chair or Former Member of These Committees of the Uniform Law Commission:
Executive Committee
Legislative Council
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 Power of Attorney Act
Uniform Act on Residential Mortgage Foreclosure Process & Procedure
Uniform Act on Appointment and Powers of Real Estate Receivers
Liaison with American Indian Tribes and Nations
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, U.S. Law of U.S.Intn’l Commercial Arbitration
Co-author: The Law of Guaranties: A Jurisdiction-by-Jurisdiction Guide to U.S. and Canadian Law (American Bar Association – Business Law Section 2013)
Author: Guaranties in New Mexico, in Guaranties: A State-by-State Guide (American Bar Association forthcoming)
New Mexico Commercial Lending Law, in Commercial Lending Law: A State-by-State Guide (American Bar Association 2008);
Certificate of Title Law: State Certificate of Title Laws – New Mexico(American Bar Association 2009).
Co-author: Effective Boundary Dispute Resolution in New Mexico (National Business Institute 2004)
Seminar speaker on Easements, Boundaries, Real Estate Finance, Nonprofits, Title Insurance, Civil Litigation, Civil RICO, Article 9 of the UCC and Ethics
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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 subdivider of land against complex claims of easements filed by adjoining landowner.
Represented Kansas family in complex litigation filed by Indian pueblo arising out of sale of large, mountain ranch in North-Central New Mexico.
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 local subsidiaries of international company in mergers and in subsequent restructuring of the survivor's corporate debt.
Represented purchasers of famous actress's home in Santa Fe. Then represented them in its sale.
Represented 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 and Northern New Mexico.
Represented Colorado family in sale of large New Mexico ranch near Chama in North-Central New Mexico to Santa Fe entrepreneur for wild-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 Country (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.
Represented purchaser, City of Santa Fe, in acquiring Tierra Contenta Subdivision in complex transaction from foreclosing creditor.
Represented seller, a Boston insurance company, in sale of Hilton Inn in Albuquerque (Had represented same client in buying and leaseback of this hotel, including liquor license; and later handled the contested termination of the Lease.)
Represented English owner in sale of licensed wild game ranch in West-Central New Mexico.
As counsel to First National Bank in Albuquerque before it was merged out of existence - handled a wide variety of transactions for the Bank
