​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​PRACTICE HISTORY

Former partner in largest full-service law firm in the Rocky Mountain Region.
Over 10,000 hours in over 150 business litigations involving commercial, financial, and insurance disputes.
Over 25,000 hours in hundreds of Tort litigations, including wrongful death, catastrophic injury, personal injury, property damage, and business interruption.

AWARDS

Listed for Commercial Litigation in the 2013 Edition of New Mexico’s Top Rated Lawyers.
Listed several years in Chambers USA: America’s Leading Lawyers for Business.

SPECIFIC EXPERIENCE

Corporate Fraud, Theft, and Embezzlement

including unfair competition and assumed business identity. Mr. Howell ​has investigated several instances of ​rogue insiders (officers and employees) attempting to divert funds, accounts, and ​opportunities to competitors through multi-state networks of affiliated and layered ​corporate entities. He is familiar with methods and phases of – ​as well as computer-forensics and state-corporations resources to trace and to prove – such schemes. He has brought civil enforcement actions on corresponding claims, including for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, in Contract, Civil Conspiracy, breach of Duty of Loyalty, Tortious Interference with Contract, enforcement of Non-Compete, Non-Solicit, and Non-Disclosure Agreements​, and under the ​New Mexico Uniform Trade Secrets Act (“NMUTSA”), NMSA § 57-3A​​-1 et seq.​​, and the New Mexico Unfair Practices Act(“NMUPA”), NMSA § 57-12​​-1​ et seq​. He also collaborates with criminal defense counsel in such matters to protect​ clients’ broad interests.​​

Trade Secrets and Confidential Information

including trial experience on Temporary Restraining Orders, Preliminary Injunctions, and Permanent Injunctions and other proceedings to recover and protect information such as customer records, account data, and medical records covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Commercial Arbitration Agreements

including trial court proceedings to enforce.

Non-Compete Clauses

including drafting, negotiating, and numerous trials regarding Temporary Restraining Orders, Preliminary Injunctions, and Permanent Injunctions.

Intra-Owner/Partnership Disputes

regarding dissolutions and liabilities, including trial and arbitration on merits experience.

Trusts & Estates Litigation

including trusts & estates holding substantial personal and commercial real property interests, as well as mineral rights,​ and multiple trials – including defending one of the world’s ten largest banks on trust and accounting claims – ​​to determine ​oil & gas lease and royalty rights​.

Employee Benefits

including 40+ ​federal court lawsuits under “ERISA,” the Employee Retirement Income Security Act, including claims litigation for group life insurance, group health insurance and group short-term disability (“STD”) and long-term disability (“LTD”) insurance benefits.

Insurance Litigation

including trial and arbitration representations and over 70 court matters defending insurance companies in coverage litigation, “Bad Faith” litigation, and Inter-Company Arbitration. ​

Premises Liability

including dozens of representations and lead counsel roles interfacing with government regulators investigating industrial plant accidents.

Torts, Personal Injury, and Wrongful Death

including multiple jury trials where each accident caused multiple fatalities and serious bodily injuries; Oil & Gas Accidents, including multiple jury trials arising from fire or explosion in gas production or processing; “First Response” and Government Relations, including multiple lead defense counsel roles following industrial accidents; and Mass Torts, including lead counsel experience with procedure, negotiations, and lawsuits arising from industrial accidents.