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- Ranchers Prevail Against Federal Government Re Stockwater Rights
In two significant cases before the Idaho Supreme Court involving competing claims to stockwater rights by the United States and MBVZ ranching clients - LU Ranching and Joyce Livestock - the Court ruled Friday, January 9, 2007, in favor of the ranchers. The Court determined that both LU and Joyce were entitled to water rights with a priority date predating the creation of federal grazing allotments, and that the water rights and their priority dates are to be decided under Idaho state law. The Court also decided that the water rights were appurtenant to the base properties by deed. In Joyce, the Court upheld a determination by the trial court that the United States could not own a stockwater right because it had never placed the water right to beneficial use. MBVZ partner Elizabeth Ewens argued both cases before the Court.
- Neil R. Bardack recently won a $2 million award in private binding contractual arbitration on behalf of two computer engineers against the corporation which had purchased the assets and the contracts with customers of their software company. Halfway through the earnout period, the company refused to pay the remaining amounts due. After a seven day arbitration before a single arbitrator, the engineers were awarded all of the monies still owed them, and the arbitrator denied virtually all of the company's counterclaims.
- Michael J. Van Zandt has just completed a two week hearing before the Nevada State Engineer, representing the Southern Nevada Water Authority (SNWA) in its applications to appropriate over 90,000 acre feet of water from Spring Valley Hydrographic Basin in eastern Nevada. SNWA is planning to build a multibillion dollar pipeline to transfer the water to Clark County. Over thirty witnesses were examined and hundreds of exhibits were submitted during the hearing.
- Michael J. Van Zandt was recently a guest speaker at the annual Dividing the Water Conference in Reno, Nevada. Mr. Van Zandt spoke on the proposed Truckee River Operating Agreement and its potential impacts on decreed water rights. Dividing the Water is a non-profit organizational designed to educate judges, water commissioners and special masters on water rights and resource issues throughout the western United States.
- MBVZ conducts sexual harassment training for managers and employees. This training is now compulsory for employers with 50 or more employees under California AB 1825.
- MBVZ has merged HiTech Law's practice into our existing Corporate and Business practices, adding Jacqueline B. Kessel as Of Counsel to the firm and welcoming back Chelsea M. Bonini. HiTech has been providing assistance to hundreds of California's Silicon Valley small and medium sized businesses, helping to raise capital, develop commercial relationships and protect intellectual property, in the same manner as have we. MBVZ has maintained HiTech Law's office in Foster City.
- We have also opened a Davis office to more efficiently service our Northern California and Nevada clients.
- Michael R. Marron has, once again, been selected for inclusion in The Best Lawyers in America for his specialties: Commercial Litigation and Personal Injury Litigation.
- Elizabeth P. Ewens has been appointed Vice Chair of Publications, Water Resources Committee of the ABA Section of Environment, Energy ; Resources (July, 2005)
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