The firm that is now Moulton Bellingham, PC was one of the first law firms established in Montana. Founded at the turn of the century by Judge Charles H. Loud and others, the firm began as a circuit-riding law practice with offices in several Montana cities, including Miles City, Red Lodge and Forsyth. By the early 1920’s, the firm had consolidated in Billings, where it has remained to the present. Our practice extends throughout the state of Montana, and northern Wyoming.
Moulton Bellingham has earned a reputation for superior legal representation, combining time-honored characteristics of careful analysis, thorough preparation, and devotion to its clients. Commitment to this tradition of quality, enhanced by thoughtful creativity and current technology, has attracted a diverse client base that includes a significant portion of the region’s most successful entrepreneurs and major corporations. Moulton Bellingham is proud to provide the individual attention, conscientious service and steadfast dedication necessary to earn the allegiance of its clients and the respect of the courts.
Throughout the years, Moulton Bellingham has continued the tradition of its founders: meeting the needs of its clients for quality representation in the most conscientious and cost-effective manner possible. The philosophy of the firm is simple: we will not over-staff or over-lawyer a matter, and we will not engage in make-work representation. We are sensitive to the client’s need for economy as well as efficiency and quality. It is our goal to represent our clients aggressively while resolving complex legal problems with as little expense and intrusion as the circumstances will permit.
Individual attention and accessibility to the client are hallmarks of the firm. As the firm has grown, its members have maintained a close working relationship so the firm can draw upon the diverse talents of its members and apply the appropriate expertise to any particular issue. Moulton Bellingham is proud to maintain one of the largest private law libraries in the region. In addition, the firm makes extensive use of computer data bases. Innovation and dedication enable the firm to continue its tradition of superior service to its clients.
Lawyers at Moulton Bellingham make a commitment to serve Montana, Billings, and the profession of law. Members of the firm have been elected to the Montana legislature, where one was selected as majority leader of the House of Representatives. Moulton Bellingham attorneys have served on governing boards and advisory committees concerned with local, state and national education. Two attorneys from the firm have served as President of the State Bar of Montana. Many others have served in leadership roles in state bar committees, commissions of the Montana Supreme Court, the Yellowstone County Bar Association, and American Bar Association sections and committees. Moulton Bellingham also helps provide legal services to the indigent without cost.
The firm’s strength lies in the talent, the diversity, and the close relationship among its lawyers. Moulton Bellingham lawyers strive to provide superior legal representation.
Founded in 1920
47 people in their team
Moulton Bellingham's bankruptcy practice focuses upon the representation of creditors. Our bankruptcy lawyers have decades of experience representing creditors in bankruptcy cases under chapters 7, 11, 12, and 13 of the Bankruptcy Code. Moulton Bellingham does not represent debtors or Debtors-In-Possession. Gerald Murphy, Greg Murphy, and Doug James served as Chapter 7 Trustees, earlier in their careers. Our attorneys have also been actively involved in the Bankruptcy Section of the Montana Bar Association.
Our bankruptcy practice covers the entire state of Montana. Most bankruptcy hearings in Montana are conducted using the Bankruptcy Court’s video conferencing system, which allows attorneys to participate in hearings across Montana without having to travel. There is only one Bankruptcy Judge for the entire State of Montana.
Our attorneys have successfully represented banks, insurance companies, institutional lenders, construction companies, and other creditors in consumer, commercial, and agricultural bankruptcy cases. Our attorneys have experience with Debtor-In-Possession financing, priming liens, objections to confirmation, adequate protection, relief from stay, Section 363 sales, plan confirmation issues, adversary proceedings, objections to discharge, violations of the automatic stay, fraudulent transfers, preferential transfers, avoidance actions, claim objections, family farmer cases, single asset real estate cases, small business debtors, reorganizations, success fees, bad faith filings, co-debtor stay issues, conversion to chapter 7, liquidations, wage earner reorganizations, executory contracts and unexpired leases, disclosure statements, substantive consolidation, procedural consolidation, executive contracts, leases, reaffirmation agreements, lender liability issues, workouts and restructurings, and liquidating trusts.
Litigation in employment and labor matters has exploded the past several decades. Moulton Bellingham prides itself on keeping up with the most recent develoments in employment and labor law, and it aggressively represents business clients in preventing and defending employment claims. The firm understands that employers need quick and thorough responses when handling employee issues, and we have dedicated attorney professionals who are prepared to respond with skill and experience when employment matters arise.
Moulton Bellingham has a diverse number of clients that it represents on important employment matters. The firm represents national, regional, and local businesses – ranging from companies that employ thousands of employees to the small closely-held business. The firm represents both private sector and public employees, and we defend employment litigation matters in federal and state courts, as well as all of the administrative agencies in the region.
Moulton Bellingham has defended employment claims in numerous jury trials, arbitration hearings, contested case hearing, and bench trials. The firm’s attorneys have handled significant employment matters on appeal to the Montana Supreme Court and the federal appellate courts, and we have counseled on many different matters before litigation. These include employment policies, supervisor training, work reduction, restrictive covenants, workplace safety, discrimination and harassment issues, disability accommodation, discipline, termination, and other-related personnel issues.
One of the most complex areas of the law for employers that has developed in the past several decades is in the area of federal governance. Complex federal Acts such as the Family and Medical Leave Act, Fair Labor Standards Act, American with Disabilities Act, Occupational Safety and Health Act, Sarbanes-Oxley, and the Equal Pay Act have created significant legal challenges for employers. Moulton Bellingham provides counseling to employers regarding how to meet these federal mandates, as well as defends the federal claims for its clients when they arise.
The firm advocates for employer rights, avoiding mixed-loyalty and conflict situations that arise when dual representation of both employees and employers is undertaken by a firm. Therefore, Moulton Bellingham’s representation is limited to employer clients, with an active focus upon advancing the business interests of both private and public sector employers.
Helping clients avoid litigation and providing them with superior representation in legal actions has always been at the foundation of the practice of Moulton Bellingham. Firm members have tried many of the important issues in Montana law. Their trial experiences range from lengthy jury trials to cases capable of being tried in a single afternoon before a judge. They include complex administrative matters, arbitrations, and mediations.
The firm's attorneys have been confidentially rated by their peers as possessing the highest legal ability and adhering to the highest ethical standards. Many of Moulton Bellingham's attorneys have been recognized as "Best Lawyers," "Super Lawyers," "Rising Stars," and have obtained AV Ratings from Martindale-Hubbell.
In addition to evaluating when client matters can and should be litigated, attorneys at the firm pride themselves on being able to effectively assist clients in other mechanisms of dispute resolution, as well, including arbitration, mediation, and early neutral evaluation.
Moulton Bellingham's focus is to evaluate cases early and effectively based on the information readily available, provide thorough early evaluations for clients, and engage in efficient and productive litigation, should it be necessitated.
Moulton Bellingham has represented some of the world's largest vehicle manufacturers, agricultural and industrial implement manufacturers, transportation companies, product manufacturers, insurance companies, banks, health care providers, and other commercial institutions in complex litigation matters. The firm has also represented individuals and entities who been injured as the result of the wrongful conduct of others, or otherwise financially damaged, and recovered verdicts or reached settlements involving millions of dollars. The attorneys at the firm also pride themselves on their representation of clients in less-financially volatile claims, as we understand that, to the client, each case is important. The firm's legal representation is, at all times, ethical and focused upon serving the client.
Moulton Bellingham’s banking and corporate finance attorneys represent lenders, agents, and participants in complex commercial lending and banking transactions. In addition to handling single lending transactions, Moulton Bellingham also assists lenders in complex syndicated transactions. Moulton Bellingham is proud to have represented numerous regional and community banks, for many years, as well as large national banks. The firm’s banking and corporate finance group works with lenders in loan restructuring, negotiating and drafting transaction documents, regulatory compliance, perfection of security interests, and subordination issues. Attorneys at the firm can assist in all aspects of other-related issues in banking and corporate finance matters, such as tax, labor issues, intellectual property matters, and bankruptcy.
Moulton Bellingham's trusts and estates attorneys assist clients in many different aspects of estate and tax planning. The firm actively works with clients to develop estate and tax plans, which involves addressing estate, gift, income, and generation-skipping tax issues. The firm ensures that its planning is completely customized to address clients’ specific needs and goals. Our attorneys have extensive experience assisting clients in estate planning both during their lifetimes and thereafter.
The firm regularly engages in complex estate and tax planning matters, such as grantor retained income trusts, split interest charitable trusts, irrevocable insurance trusts, qualified domestic trusts, and family limited partnerships. We coordinate with other experienced professionals, including accountants, real estate professionals, and medical care professionals, to prepare and file gift tax returns, value assets, engage in audits, plan for transfer of assets, negotiate and implement premarital and postnuptual agreements, and address closely-held business interest asset transfer.
The firm's estate planning practice group is also experienced in assisting with handling matters related to physical or mental disability, including establishing living trusts, living wills, and powers of attorney.
The insurance and financial services practice group at Moulton Bellingham provides a wide array of representation for insurance clients in various segments of the industry. The firm represents clients in property and casualty, health, title, captive and risk retention, HMO, life and annuity, workers compensation, surplus lines, and associations. Moulton Bellingham’s services range from business to litigation. We provide advice on corporate and regulatory issues, insurance company transactions, captive insurance formation and management, coverage matters, and reinsurance.
With respect to insurance coverage issues, Moulton Bellingham has represented clients, for many years, in the litigation and arbitration of numerous insurance matters. Attorneys at the firm are highly experienced in handling litigation matters when they arise, and have undertaken work with numerous insurers on behalf of their insureds. This work includes defense of insureds in personal injury claims, commercial litigation, products liability, medical malpractice, and constitutional violation claims.
Moulton attorneys are also very experienced in handling and analyzing insurance coverage disputes under Montana law, including declaratory judgment disputes.
A client’s intellectual property is one of their most valued assets. The attorneys at Moulton Bellingham recognize the importance of protecting a client’s interest in their intellectual property, and the firm works with clients in addressing intellectual property concerns from creative strategy, through registration and patent, and continuing into litigation. The firm’s intellectual property practice group is experienced in preserving marks through copyright, brand names with trademarks, and company logos and slogans through federal and state registration. Moulton Bellingham works closely with its clients’ in-house intellectual property departments to partner regarding the legal aspects of intellectual property.
Moulton Bellingham’s intellectual property group has attorneys who have experience in a wide range of technological areas. In addition to degrees in a number of scientific and technology fields, the firms’ attorneys have professional experience with computer software, hardware, e-commerce, telecommunications, and manufacturing.
The goal at Moulton Bellingham is to learn what is important to the firm’s clients to protect. From advertising, marks, logos, slogans, processes, policies, products, and operations – a client’s need to protect their intellectual property is more important than ever. The firm’s attorneys spend time with clients learning their businesses, collaborating to develop strategies for protecting intellectual property, and implementing plans in-house. If challenges to those interests arise, the firm will aggressively prosecute and litigate the infringement matters.
Moulton Bellingham has long had a successful malpractice defense group. Moulton is located in Billings, which is the largest medical corridor in 500 miles in any direction. The Billings area is a large and thriving medical community, with two large hospitals located there. Moulton attorneys have represented medical facilities of nearly every size, from small practices to surgery centers to rural hospitals with a relatively few number of beds to very large hospitals. Moulton attorneys have also defended malpractice claims against medical practitioners of nearly every type, as well as in the dental and oral surgery fields.
The practice is currently led by Senior Shareholder Gerry Fagan. Fagan represents several malpractice clients on a state-wide basis. He has substantial experience in handling claims asserted in Montana’s Medical Legal Panel. He is also well-versed in some of Montana’s unique laws which can be applicable in malpractice actions, including the application of a state statute (§ 26-2-601, MCA) which specifically restricts the qualifications of admissible expert testimony in medical malpractice actions, as well as in handling Montana’s advance payment of certain damages requirement known as a Ridley payment.
In addition to having broad experience in pursuing personal injury actions, Moulton Bellingham handles one of the largest defense practices in the region.
Some of these include State Farm Insurance, General Motors, Deere & Co., Royal Insurance, Farmers Insurance Group, Toyota, Honda, CNA Insurance, the Montana Municipal Insurance Authority, and GEICO Insurance.
Moulton Bellingham’s workers’ compensation practice draws from its 100 years of cross-disciplinary experience and institutional knowledge from the areas of administrative law, labor and employment law, and insurance defense. Moulton Bellingham’s practice focuses on advising businesses regarding compliance with Montana workers’ compensation laws. Moulton Bellingham’s attorneys also work with workers’ compensation carriers and third-party administrators to evaluate and litigate workers’ compensation claims. We are committed to the highest levels of written and oral advocacy in assisting insurers to evaluate workers’ compensation claims, analyze legal and factual issues involved in the claim, and to implement a litigation strategy. We seek to satisfy our clients with sound advice, open communication, and cost-effective results.
With broad industry knowledge and experience in a variety of practice areas, we offer solutions that address each client's particular needs and objectives.
