Michelle Hernandez is a member of the firm’s Litigation Department and has more than 20 years of extensive experience in all aspects of civil litigation including: products liability, professional liability, asbestos litigation, construction defect, and insurance coverage. She has represented clients in state and federal courts in New Mexico. She also works on appellate matters. Significantly, she was a member of the appellate team that successfully overturned a $53 million nursing home verdict, which at the time had been New Mexico’s largest personal injury verdict. Michelle has also represented clients in a broad range of commercial matters, including real estate and contract disputes as well as will contests. She has also represented public entities such as law enforcement agencies and public schools in a variety of matters including employment matters and personal injury claims. She has represented healthcare providers including nursing homes, assisted living facilities, nurses and physicians in both litigation and regulatory and compliance, licensing and regulation, and Medicaid/Medicare reimbursement matters. She has also provided advice on administrative matters. Michelle also has experience in government relations, lobbying for economic development legislation at both the State and County level. She also has experience in state and local procurement and in drafting and reviewing procurement contracts. In addition, Michelle has provided advice to individual clients on business formation and contract liability issues. Her vast experience and counsel has helped clients strategically navigate difficult litigation and complex commercial matters by providing them with early strategic thinking and efficient litigation and risk management advice. Michelle has achieved an AV® rating fromMartindale-Hubbell, the highest rating for professional ethics and legal ability by her peers and has been included in the Bar Register of Preeminent Women Lawyers since 2014. She is among those listed in Southwest Super Lawyers®. Born and raised in Albuquerque, New Mexico, she has family throughout Northern New Mexico. Prior to joining Modrall Sperling, Michelle served as a judicial law clerk to the Honorable Joseph F. Baca, Senior Justice for the New Mexico Supreme Court. Michelle serves as Co-Chair of the firm’s Technology Committee. She is also currently on the Board of Directors for the National Institute of Flamenco. Education Michelle A. Hernandez Shareholder DIRECT 505.848.1813 FAX 505.848.9710 Email: michelle.hernandez@modrall.com OFFICE ALBUQUERQUE MAIN 505.848.1800 www.modrall.com ©2019 Modrall Sperling, All Rights Reserved | Michelle A. Hernandez Page 1 University of California at Los Angeles, J.D., 1997, Awarded Pioneering Women in the Law Scholarship, 1995 University of New Mexico, B.A. in Political Science,magna cum laude, 1993, Phi Beta Kappa Bar Admissions New Mexico 1997 U.S. District Court for the District of New Mexico 2000 U.S. Court of Appeals for the Tenth Circuit 1999 EXPERIENCE Representative Cases Successful appeal for nursing home, the New Mexico Court of Appeals overturned what had been New Mexico’s largest personal injury verdict of $53.2 Million ($3.2 in compensatory, and $50 Million in punitive) in a case involving a woman who died in a nursing home. The Court of Appeals decision was appealed to the Supreme Court and the case settled after the Court granted a writ of certiorari. Member of the Modrall Sperling defense team representing ManorCare. See Keith v. ManorCare, Inc.,147 N.M. 452, 224 P.3d 1257, (2009). Joe Stanco v. Desert Sunset Management, L.L.C., et a.l, NMCA No. 32,269 Fritzsche v. Albuquerque Municipal School Dist., 194 F.Supp. 1194 (D. N.M. 2002) Santa Fe Techs. v. Argus Networks, 131 N.M. 772, 42 P.3d 1221 (Ct. App. 2001) Anita Jean Rudolph, et al. v. Manor Estates Inc., et al., NMCA No. 33,195 BUKE, LLC v. Cross Country Auto Sales, LLC, et a.l, 2014-NMCA-078; 331 P.3d 942; 2014 N.M. App. LEXIS 41 Representative Clients Genuine Parts Company WW Healthcare ManorCare Sunrise Senior Living ACTIVITIES Professional Activities University of New Mexico Health Sciences CEO Search Committee, 2017 Albuquerque Mayoral Debate Panelist, 2017 National Institute of Flamenco, Board of Directors, 2016-present Albuquerque Hispano Chamber of Commerce, Board of Directors, 2013-present; Vice Chair, Executive Committee, 2016-present; Chair Elect, 2016-2017; Chair, 2017-2018 State Bar of New Mexico, 1997-present; Committee on Women and the Legal Profession, 2013- present; Co-Chair 2014 New Mexico Commission on Professionalism, Executive Committee, 2012-present Member, New Mexico Supreme Court Committee on the Rules of Civil Procedure, 2011-present www.modrall.com ©2019 Modrall Sperling, All Rights Reserved | Michelle A. Hernandez Page 2 American Bar Association, Member, Minority Trial Lawyer Committee, 2009-present New Mexico Defense Lawyers Association, President, 2012; Board of Directors, 2007-2012 New Mexico Association of Commerce and Industry, Member, 2007-2011; Board of Directors, 2009-2011; Vice-Chair, Legal Reform Committee, 2011; Chair, Legal Reform Committee, 2010 Hispanic National Bar Association, Member, 1997-present; Regional President, 2015-present; Deputy Regional Vice-President, 2008-2009, 2014-present; Annual Convention Steering Committee and CLE Coordinator, 2009 International Association of Defense Counsel, Member (IADC ), 2005-present; National Membership Committee, 2011-present; Diversity Committee’s Co-Vice Chair for Diverse Member Involvement, 2014-present; Committee Chair of the IADC Southwest Regional Committee, 2017 New Mexico Bar Association, 1997-present Leadership Albuquerque, Member, 2004-2005 University of New Mexico Alumni Association, Awards Committee, 2003-present H. Vearle Payne American Inns of Court, 2000-2003 International Women’s Forum Firm Committees Co-Chair, Technology Committee, 2018-present; Chair, 2015-2017 Chair, Healthcare Industry Group, 2007-2012 Billing Committee, 2014-present NEWS & ARTICLES News Super Lawyers® Names 31 Modrall Sperling Attorneys to 2019 List; Four Named Top 25 New Mexico Super Lawyers Posted on April 15, 2019 By Daniel Schueler Super Lawyers Names 32 Modrall Sperling Attorneys to 2018 List; Four Named Top 25 New Mexico Super Lawyers Posted on April 23, 2018 By Alexandra Schexnayder Michelle Hernandez Named Chair of 2019 IADC Convention Posted on March 30, 2018 By Nicole Creaturo Hispano Chamber of Commerce Receives Donation Posted on February 1, 2018 By Nicole Creaturo Michelle Hernandez Becomes Chair of Albuquerque Hispano Chamber of Commerce Posted on November 21, 2017 By Alexandra Schexnayder Michelle Hernandez Named Chair of the IADC Southwest Regional Committee Posted on October 2, 2017 By Nicole Creaturo Michelle Hernandez Elected Vice Chair Albuquerque Hispano Chamber of Commerce Posted on March 24, 2016 By Modrall Sperling www.modrall.com ©2019 Modrall Sperling, All Rights Reserved | Michelle A. Hernandez Page 3 DISCOURSE Presentations Bizwomen Mentoring Monday, sponsored byAlbuquerque Business First, mentor providing oneon-one coaching sessions, April 3, 2017 Empower: A Symposium Presented by the Junior League of Albuquerque, presentation on Diversity, APS Boardroom, Albuquerque, NM, March 18, 2017 Developing Political Savvy: Hard Work and Talent Are Not Enough,New Mexico Women in Leadership Symposium “Secure Your Place at the Table,” October 27, 2016, Albuquerque, New Mexico Panelist, #LawMom Luncheon, Committee on Women and the Legal Profession, October 19, 2016, Albuquerque, New Mexico Litigation Risk, New Mexico Healthcare Association, 2011 Leadership Symposium HONORS Martindale-Hubbell® Bar Register of Preeminent Women Lawyers, 2014 Southwest Super Lawyers® (derived from a lawyer survey), 2014-present Albuquerque Business First, Woman of Influence, 2014 Martindale-Hubbell AV® Preeminent Peer Review Rated New Mexico Business Weekly, 40 Under Forty, 2011 Fellow, American Bar Foundation, 2010-present Senior Fellow, Litigation Counsel of America, 2007-present Who’s Who in American Law, 2007