Practice Areas

Administrative Law

Naylor & Hales provides an array of legal services to a variety of governmental entities.
These services include:

• Advise governmental agencies on administrative compliance and regulatory enforcement
• Represent, advise, and defend a variety of governmental entities in petitions for judicial review and in appellate proceedings
• Serve as hearing officers over boards and commissions
• Educate and train agencies on their rights and responsibilities
• Help agencies navigate their way through complex litigation
• Negotiate with agency personnel, promote government/business relations, and obtain permits and licenses

Appellate Practice

Naylor & Hales represents clients in complex cases across all areas of law and at every level of the state and federal court systems. In addition to our many successes before the Idaho Supreme Court, the Court of Appeals for the Ninth Circuit, and the United States Supreme Court, our attorneys have taught appellate law and strategy, as well as served as appellate consultants to other law firms.

Business Law

Naylor & Hales represents a wide cross-section of clients in all aspects of corporate business transactions. We assist in the organization, growth, and ongoing operations of manufacturing companies, retail organizations, service businesses, consumer products companies, insurance companies, real estate firms, technology companies, financial institutions, and many others.

• Entity Formation: Our attorneys advise entrepreneurs on corporate considerations in deciding whether to operate as a sole proprietorship, general partnership, limited liability company, or corporation and prepares the advisable organizational and governance documents.
  
  
• Business Operations: We work with business owners in their day-to-day transactions, while providing a variety of legal services—from negotiating and drafting agreements to providing counsel on governmental regulatory compliance.
  
  
• Corporate Governance: Our attorneys have broad experience in counseling the board of directors of private and public companies on corporate governance matters, including corporate compliance programs, codes of conduct and responsibilities of directors and officers.
  
  
• Training: We provide guidance on personnel policies and procedures to help businesses take preventive measures on matters such as employee performance problems, workforce consolidations, and discrimination and harassment complaints
  
  
• Specialized Services: Our attorneys provide a variety of other quality legal services related to our clients’ specific business needs.

Business Litigation

Naylor & Hales offers a wealth of diverse business litigation expertise. We assist clients establish long-term strategies, provide preventative analysis, and resolve disputes as they arise. We offer guidance in matters related to the following issues:

• Employment and commercial disputes
• Antitrust
• Regulatory compliance
• Trademark and copyright infringement
• Unfair and deceptive trade practices
• Contractual disputes
• Professional malpractice
• A myriad of other business-related areas

Civil Rights

Our attorneys are experienced in defending civil rights claims involving a wide-variety of issues, including the following:

• First Amendment restrictions
• Due Process violations
• Racism
• Excessive force
• Age discrimination
• Gender discrimination
• Race discrimination
• Pregnancy discrimination
• National origin discrimination
• Religious discrimination
• Disability discrimination
• Unfair and arbitrary practices
• A variety of additional claims arising under 42 U.S.C. § 1983, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, Title VII, and other federal and state statutes

Collection Law

Naylor & Hales assists clients in recovering their financial losses in timely and cost-effective manner. Our attorneys handle cases involving debt collection and creditors’ rights while representing creditors in bankruptcy.

Corporate Entity

Naylor & Hales assists entrepreneurs in all aspects of corporate formation. Our attorneys:

• Analyze the goals and structure of your business model
• Recommend which corporate entity makes the most sense for your business — whether that means forming a corporation, creating an LLC, or beginning a limited liability partnership
• Form the corporate entity for your business
• Handle corporate formalities like drafting the articles of incorporation and filing the statement of information
• Advise business clients on how to purchase and sell shares in a corporation, and how to conduct shareholder meetings
• Provide hands-on instruction and even conduct shareholder meetings with you to make sure they are done correctly and according to Idaho law

Employment Law

Naylor & Hales advises and litigates on behalf of clients on matters implicating the full spectrum of workplace legal issues. We both pursue and defend claims involving the following issues:

• Unpaid compensation
• Sexual harassment
• Discrimination based on age, race, gender, pregnancy, national origin, religion, and disability
• Wrongful termination
• Retaliation
• Hostile work environment
• Claims before the Idaho Human Rights Commission and the Equal Employment Opportunity Commission
• Americans with Disabilities Act claims
• Family and Medical Leave Act claims
• Professional malpractice
• Contract disputes
• Personnel Actions, including terminations and other disciplinary matters
• Reductions in Force and Reorganizations
• Fair Labor Standards Act (FLSA)
• Human Resource Training on a wide-range of topics
• Personnel Investigations
• Hiring Practices & Procedures
• Contract reviews
• Whistleblowing claims
• Breach of contract
• Unfair or deceitful labor practices
• Excessive force
• Constitutional violations involving due process, free speech, and free expression
• Other matters

In addition to high-stakes litigation, our employment attorneys assist clients in their employment-related transaction and training needs:

• Negotiate and craft employment agreements
• Provide employers with a full-range of legal services that arise from mergers and acquisitions, corporate restructurings and bankruptcy proceedings
• Provide guidance on personnel policies and procedures to help businesses take preventive measures on matters such as employee performance problems, workforce consolidations, and discrimination and harassment complaints

General Litigation

Naylor & Hales represents both plaintiffs and defendants in a broad spectrum of civil and commercial litigation matters in state and federal courts, as well as before administrative agencies. We represent clients at every stage of the litigation process in nearly all aspects of the law:

• Counsel on litigation avoidance and risk management
• File and defend against lawsuits
• Negotiate settlements
• Utilize alternative dispute resolution options
• Represent clients at trial and on appeal

Local Government Law and General Representation

Naylor & Hales specializes in advising and training governmental entities throughout the state, which include counties, cities, various taxing districts, governmental agencies, authorities, boards, and officers in nearly all aspects of the law, including issues involving:

• Powers & Duties of Elected Officials & their employees
• Personnel Actions, including terminations and other disciplinary matters
• Reductions in Force and Reorganizations
• Idaho Open Meeting Act
• Idaho Public Records Act
• Idaho Ethics in Government Act
• Idaho Tort Claims Act & Other Governmental Immunities
• Fair Labor Standards Act (FLSA)
• Family Medical Leave Act (FMLA)
• Americans with Disabilities Act (ADA)
• Human Resource Training on a wide-range of topics
• Sexual harassment
• Personnel Investigations
• Discrimination based on age, race, gender, pregnancy, national origin, religion, and disability
• Law Enforcement Issues & Training
• Policy Drafting & Reviewing: Personnel Policies, Law Enforcement Practices & Procedures Manuals, Administrative Policies, Drug & Alcohol Policies, Vehicle Policies, Computer Use Policies, Harassment Policies, Record Retention Policies
• Hiring Practices & Procedures
• Joint Powers Agreements and Mutual Aid Agreements
• Contract reviews
• Civil rights violations
• Wrongful termination
• Whistleblowing claims
• Retaliation
• Breach of contract
• Unfair or deceitful labor practices
• Excessive force
• Constitutional violations involving due process, free speech, and free expression
• Discrimination
• A wide-variety of other claims affecting nearly all aspects of the law

Additionally, we serve as counsel to a variety of municipal agencies, boards, and authorities. In so doing, we:

• Assist in drafting state laws, administrative rules, and local government ordinances
• Educate and train governmental entities on their rights and responsibilities
• Help governmental entities navigate their way through complex litigation

Municipal Litigation

Naylor & Hales specializes in defending governmental entities throughout the state and our many successes have played a significant role in shaping Idaho municipal law. We have litigated hundreds of cases while successfully defending the State of Idaho, as well as a variety of counties, cities, governmental agencies, authorities, boards, and officers in nearly all aspects of the law, including claims involving:

• Civil rights violations
• Wrongful termination
• Whistleblowing claims
• Retaliation
• Breach of contract
• Unfair or deceitful labor practices
• Excessive force
• Constitutional violations involving due process, free speech, and free expression
• Discrimination
• A wide-variety of other claims affecting nearly all aspects of the law

Additionally, we serve as counsel to a variety of municipal agencies, boards, and authorities. In so doing, we:

• Assist in drafting state laws, administrative rules, and local government ordinances
• Educate and train governmental entities on their rights and responsibilities
• Help governmental entities navigate their way through complex litigation

Real Estate Law

Naylor & Hales provides comprehensive legal representation to real estate owners, lenders, and commercial developers. Our attorneys advise on all phases of real estate transactions, including the following:

• Developing basic business strategies and objectives
• Advising clients on acquisition, development, operation, and disposition of major real estate projects
• Structuring ownership and financing transactions using vehicles such as limited liability companies, partnerships, joint ventures, and ground leases
• Reviewing and analyzing construction contracts, architectural and engineering contracts, and owner and contractor claims
• Analyzing, performing and assisting in due diligence, negotiations, documentation, and acquisitions of improved and unimproved property

Technology Law / Agreements

Our attorneys assist clients with the negotiation of all types of technology and web-related transactions. We have experience working on an array of issues including:

• Software licensing
• Maintenance and support
• Website terms and conditions
• Joint development agreements
• Electronic agreements and transactions
• Other issues related to emerging technology and e-commerce

Transactional Law

We assist clients with a variety of transactional needs, including the following:

• Represent buyers or sellers in the purchase or sale of business assets
• Represent buyers or sellers in the purchase or sale of real property
• Assist clients with due diligence in transactions
• Prepare asset purchase and sale agreements, stock sale agreements, and merger agreements
• Advise clients regarding financing, negotiating, and documenting transactions concerning employment, customer relations, reorganizations, acquisitions, and dissolution
• Drafting disclaimers and releases, confidentiality agreements, non-compete agreements, licensing and publishing agreements, and a variety of other corporate and contractual documents