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Firm News

Super Lawyers 20103 Partners and Associate Honored
By Super Lawyers For 2010

For the seventh consecutive year, partner Mark E. Ellis was named a Northern California Super Lawyer by SuperLawyers.com and Law & Politics magazine. And for the second consecutive year, partners Andrew Steinheimer and Daniel McGee, as well as associate Jennifer Gregory, were named Northern California "Rising Stars" by SuperLawyers.com. Rising Stars are defined by SuperLawyers.com as up-and-coming attorneys 40 years old or younger and/or attorneys who have practiced for 10 years or less. A feature on 2010 Northern California Super Lawyers and Rising Stars will be published by Sacramento Magazine in November.

IHOP Class Action Featured By Sacramento Business Journal
An  Aug. 13, 2010 article in the Sacramento Business Journal featured a class action lawsuit brought by the firm against the International House of Pancakes on behalf of Sacramento IHOP franchisee Sultan Hameed. Mark Ellis stated Hameed’s damages for breach of contract, violation of unfair competition law, and other complaints could exceed $400,000. Further investigation in preparation for trial will determine if more than 1,300 IHOP franchises nationwide have similar problems, he said.

Sacramento Attorney Theresa LaVoieTheresa LaVoie Elected to SCBA Board
Theresa LaVoie, a former president of Women Lawyers of Sacramento, has been elected to serve a 3-year term on the Board of Directors of the Sacramento County Bar Association.

Daniel McGeeDaniel McGee named Firm Partner
Daniel D. McGee was selected in January 2009 to be a partner at Ellis LaVoie Poirier Steinheimer & McGee, LLP. Mr. McGee, who joined the firm as an associate in 2006, is the first partner named by Ellis LaVoie since its founding in 2006. His practice focuses on professional malpractice defense and commercial, business and property rights law.

Attorneys Author Amicus Brief In U.S. Supreme Court Case
Mark Ellis and Andrew Steinheimer collaborated with Ronald Zumbrun to author an amicus curiae brief on behalf of the California Collectors Association in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, a case argued before the U.S. Supreme Court in January 2010. At issue is whether a debt collector’s legal error qualifies for the bona fide error defense under the Fair Debt Collection Practices Act (FDCPA).

Best Lawyers in AmericaMark Ellis Selected to 2010
The Best Lawyers in America

Mark Ellis is included in the 2010 edition of The Best Lawyers in America® under the specialty of Legal Malpractice Law. Selection to Best Lawyers, which has been published for more than a quarter century, is based on a peer-review survey comprising more than 2.8 million confidential evaluations by the top attorneys in the country. The advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.” Excerpts of lists appear in Corporate Counsel magazine, The Washington Post, The Los Angeles Times, New York Magazine, and more than 60 other regional magazines, reaching more than 15 million readers.

4 Firm Attorneys Honored By Super Lawyers 2009
For the sixth consecutive year, Law & Politics magazine selected Mark Ellis as a Northern California "Super Lawyer." SuperLawyers.com also named Andrew Steinheimer, Daniel McGee and Jennifer Gregory "Rising Stars." Rising stars are up-and-coming attorneys 40 years old or younger and/or attorneys who have practiced for 10 years or less. A feature on Super Lawyers was published by Sacramento Magazine in November.

Sacramento Business Journal Article
Mark Ellis was interviewed in a Sept. 19, 2008 Sacramento Business Journal article that noted conflict must be profitable "judging by a local boutique trial and litigation law firm that specializes in going to court rather than settling cases." In two years, the article notes, the size of the firm has tripled.

Ellis Named Super Lawyer for 6th Consecutive Year
Mark Ellis was named a 2008 Northern California "Super Lawyer" by SuperLawyers.com and San Francisco Magazine. It is the sixth consecutive year Mr. Ellis has received the honor.

Unanimous Jury Verdict in Collections Case
Rouse v. Clark (S.D. Cal. August 2008) involved the claim that a collection attorney intentionally attempted to collect a debt owed by the father from the son by recording a default judgment against the son’s residence. Plaintiff alleged that these claims violated the Fair Debt Collection Practices Act, California’s Rosenthal Fair Debt Collection Practices Act, California’s Unfair Competition Law, and California Consumer Legal Remedies Act, as well as supported common law claims for intentional and negligent infliction of emotional distress. Mark Ellis argued that the default judgment was recorded against the judgment debtor and that recordation of the default judgment in the county in which it was obtained was the industry practice and reasonable. In other words, there was no improper collection activity. After one week of trial, the jury returned a unanimous verdict in favor of the collection attorney, his law firm, and his staff. The debt buyer client had been dismissed by the Court after the close of plaintiff’s case in chief. The plaintiff’s counsel had asked the jury to award $500,000 for a lost refinancing opportunity and more than $500,000 in emotional distress damages. The plaintiff’s attorney had withdrawn the plaintiff’s $400,000 settlement demand after 10:00 p.m. the night before the case went to the jury.

Jury Awards Attorneys Fees in Malpractice Victory
Partners Mark Ellis and Theresa LaVoie successfully defended a legal malpractice case brought against their law firm client (Bloom v. HBCW, October 2007), obtaining a complete defense verdict and exoneration for the law firm and its attorneys. After the five week jury trial, the jury also returned a favorable verdict for the firm against its former clients for their failure to pay the fees and cost incurred by the firm in the earlier representation. In rejecting the allegations that the law firm was not entitled to be fully paid, the jury awarded the firm everything it was seeking. Ultimately the client law firm was awarded total judgments exceeding $425,000 in damages, attorney’s fees and costs.

NBINational Business Institute Presentation
Mark Ellis co-presented with Kevin Culhane a seminar titled "Rules and Procedures for Federal Court Success" in Santa Rosa on Nov. 12, Sacramento on Nov. 16, and Fresno on Nov. 30, 2007. The seminar focused on the rules and procedures particular to federal court covering case filings, discovery, evidence, expert witnesses and more. Mark Ellis joined Bonnie Anderson and E. Warren Gubler to present "FDCPA Compliance for the California Practitioner" on Jan. 11, 2008. This seminar will covered the dos and don'ts in trying to collect a debt. NBI's Web site is nbi-sems.com.

CACCalifornia Association of Collectors
Mark Ellis was part of a legal panel at a seminar presented by the California Association of Collectors at its 90th annual convention held in Monterey in October 2007. The panel discussed issues and legal trends regarding FDCPA, the Rosenthal FDCPA, and the Identity Theft Act.

San Francisco Daily Journal Interviews LaVoie as Expert on Equine Law
Theresa LaVoie was quoted as an expert on equine law in an August 20, 2007 article titled "Holding Their Horses: Attorneys Bone Up, Ride Into a Growing Legal Niche."

Madam President LaVoie Featured in Sacramento Lawyer Article
Theresa LaVoie, president of Women Lawyers of Sacramento, was featured in an article on WLS's new officers in the April 2007 edition of The Sacramento Lawyer, a magazine published by the Sacramento County Bar Association.

Ellis Honored by San Francisco Magazine
Mark Ellis was named a 2007 Northern California "Super Lawyer" by SuperLawyers.com and San Francisco Magazine. It is the fifth consecutive year Mr. Ellis has received the honor.

Theresa La Voie, President of Women Lawyers of SacramentoLaVoie Becomes President of Women Lawyers of Sacramento
Theresa LaVoie has been named 2007 President of Women Lawyers of Sacramento. an organization founded in 1962 that advocates legislative changes to benefit women and children, supports candidates for judicial and other public appointments, and sponsors events for members to meet other attorneys, judges and legislators.

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