Samuel L. Lofland

Member
Sam’s practice is in the following main areas: (1) commercial litigation in state and federal court, including litigation involving water rights and resources, energy, natural resources, mining, health care, and general commercial (business) disputes; (2) regulatory compliance, including working with client government relations teams, participating in rulemakings on behalf of clients, representing clients in compliance actions, and advising on legislative and regulatory processes affecting; (3) environmental permitting and due diligence for both state and federal environmental permitting regimes; (4) providing legal advice associated with all aspects of “Public Power,” including allocations, contract negotiations, and general support in connection with all facets of receiving and using “Public Power”; (5) providing legal support to clients in the healthcare industry (billing companies, hospitals, care providers, technology companies, and other vendors) on issues ranging from business disputes (arbitration and litigation in state and federal court), due diligence, product development, coverage disputes, and privacy issues (HIPAA, HITECH, cybersecurity, and PCI/DSS compliance) (6) providing general legal support to small businesses and start-ups.  

In connection with his practice, he has worked on several matters involving Federal Indian Law issues.  As an enrolled member of a federally recognized tribe, he is well suited to understanding the unique cultural aspects involved in working with tribal governments and enterprises.

He works with clients to carefully craft and work within each clients’ budgetary goals, while helping meet their legal needs within their respective industry spaces.  He has experience and is willing to embrace alternative fee arrangements, from flat fee, sliding scale, “busted deal” contingencies, or other arrangements that benefit clients and help fit within their budgetary goals.
 

 

Education & Credentials

Education

Arizona State University College of Law

J.D., 2008
  • Degree conferred with an Indian Legal Certificate
  • cum laude

Stanford University

B.A., 2004
  • with Honors

Bar Admission

  • Arizona2008
  • Colorado2015
  • Nevada2010
  • Oregon2015

Prominent Assignments

  • Negotiate and draft water supply agreements and access agreements with Tribes for water-related infrastructure.
  • Advise clients regarding the development and implementation of collateral arrangements with tribes in support of securing water supply agreements, such as vocational training programs to improve tribal member employment opportunities.
  • Negotiate agreements with subcontractors and contractors required by, or preferred by, specific Tribes in connection with projects by private parties within their respective boundaries.
  • Lead attorney in litigation representing a commercial developer against claims that their construction activities have interfered with adjacent landowner’s access to irrigation water and their underlying water rights.
  • Lead attorney for all facets of environmental permitting, including the NEPA process, for a multi-state high-voltage electrical transmission project.
  • Lead attorney in trial in Federal District Court in case involving competing possessory mining claims.
  • Lead attorney in water supply acquisition for six different utility scale solar projects located in Nevada and Arizona.
  • Co-lead attorney on behalf of interveners (Title 48 water and power districts) in successfully defeating an administrative appeal of the allocation process for Hoover Power in Arizona.
  • Co-lead attorney in securing and successfully defending the issuance of a Certificate of Environmental Compatibility (“CEC”) in Arizona for the first interstate “merchant” transmission line.
  • Co-lead attorney in defending the issuance of the same CEC in an appeal to Superior Court in Arizona.
  • Co-lead attorney in defending the issuance of the same CEC in an appeal to the Arizona Court of Appeals and responding to a petition for review to the Arizona Supreme Court.
  • Co-lead attorney in successfully opposing a transfer of an on-river Colorado River water entitlement.

Court Admissions

All state courts in Arizona, Colorado, Nevada, and Oregon as of bar admission dates.
U.S. District Court of Arizona, 2009
U.S. District Court of Nevada, 2011

Publications/Presentations

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