Edwards Angell Palmer & Dodge

West Palm Beach Tel 561.820.0276 Fax 561.655.8719 Download VCard

Elaine takes a client-centered approach to the practice of law. An experienced commercial litigator, Elaine knows that there is no rote formula for success. Thus, she envisions the result her client desires to achieve, then develops an aggressive, individualized, and cost effective plan to make that vision a reality.

Over the last twenty-seven years as a trial and appellate advocate and negotiator, Elaine's clients have run the gamut from Fortune 100 companies to governmental entities and non-profit corporations. Rated AV by Martindale-Hubbell, Elaine represents and counsels insurance companies, corporations, governmental entities, banks, and individuals in federal and state courts and before administrative agencies. Leading a team of attorneys at EAPD, who represent national and local real estate developers at the trial and appellate levels, Elaine is nationally recognized for her expertise in defending actions involving the Interstate Land Sales Full Disclosure Act and Florida's Condominium Act and Deceptive and Unfair Trade Practices Act, among others.  Elaine regularly represents insurers and reinsurers in coverage and claims and bad faith, or extra-contractual, litigation. She also edited the 2008 edition of the firm’s 50 state survey of bad faith laws.  In addition, Elaine is certified as an arbitrator by the American Arbitration Association and has served as outside general counsel to a municipal housing authority for ten years. Each year since 2006, the members of the Florida Bar have selected Elaine as a "Super Lawyer," one of the top members of the Bar. 

Since 2002, Elaine has been resident in the firm's Florida office. She serves on the firm's Professional Development, Professional Responsibility and Teamwork and Diversity Committees.

• Elaine led the team that drafted a motion for rehearing and clarification of the Florida Supreme Court’s decision in 2007 to overturn fifty years of legal precedent in public finance law and invalidated the tax increment financing that community redevelopment agencies statewide use to revitalize blighted areas. Even though the firm was retained a mere four days before they were due, the motion and brief were so persuasive that the Court withdrew its original opinion and issued a revised opinion, somewhat favorable to our clients, before the opposing party filed an answer brief. Elaine argued the case before the Court, which withdrew its revised opinion and ruled for our clients in the Fall of 2008. Strand v. Escambia County, 992 So. 2d 150 (Fla. 2008)
  
  
• In actions brought by purchasers, alleging statutory violations in an effort to rescind their contracts to buy real property in Florida, Elaine has won several summary judgments and motions to dismiss. In 2009, she won the appeal in the federal Eleventh Circuit of a summary judgment against her client and the appeal in a Florida state appellate court of one of her trial court victories. Trotta v. Lighthouse Point Land Co., 319 F. App'x 803 (11th Cir. 2009); Aikin v. WCI Communities, Inc., _ So. 3d _, 2010 Westlaw 366584 (Fla. 2d DCA 2010); Hap v. Toll Jupiter Ltd. Partnership, 2009 Westlaw 187938 (S.D. Fla. 2009); Caswell v. Antilles Vero Beach, LLC, 2008 Westlaw 4279555 (S.D. Fla. 2008).
  
  
• Concerned that an appellate opinion was wrongly decided and would adversely affect our developer clients' interests, Elaine sought leave for our client to appear as a friend of the court and file a motion for rehearing. Both motions were granted. On rehearing, the court reversed its opinion, even though the losing appellant had not participated in the post-appellate proceedings. Home Devco/Tivoli Isles LLC v. Silver, _ So. 3d _, 2010 Westlaw 445400 (Fla. 4th DCA 2010).
  
  
• Elaine successfully represented a regional governmental entity in an action to validate the issuance of 1.8 billion dollars in bonds for the restoration of the Everglades.
  
  
• In actions for breach of contract and fraud, Elaine won a 3 million dollar summary judgment on a counterclaim for an insurance company and obtained dismissal of the multi-million dollar claims against it.
  
  
• In an eminent domain matter, which involved the acquisition of 72 parcels of property for the construction of an elementary school, Elaine successfully represented the local school board in the trial and appellate courts.
  
  
• In the administrative appeal of a challenge to her client's application for an allocation of highly competitive federal subsidies, Elaine prevailed, and her client was awarded more than 13 million dollars in tax credits for the construction of affordable housing in a blighted neighborhood.
  
  
• In an action for breach of contract, Elaine obtained summary judgment for her client, thereby shielding the company from a 20 million dollar liability.
  
  
• In an action for breach of contract, Elaine convinced the jury to enter a defense verdict, saving her corporate client millions of dollars in compensatory and statutory damages.
  
  
• In an employment discrimination case brought in federal court against the commissioners of a public housing authority, Elaine obtained an involuntary dismissal of the complaint against the commissioners prior to trial.

• "ILSA:  The Sword and Shield of Residential Real Estate Contracts," speaker, webinar presented by ALI-ABA, November 12, 2009.
  
  
• "Up Against a Chinese Drywall - Recent Developments in the Ongoing Products Liability and Coverage Litigation," speaker, Edwards Angell Palmer & Dodge Webinar, October 27, 2009.
  
  
• "Strand vs. Escambia County Victory," co-author, Edwards Angell Palmer & Dodge Client Advisory, September 2008.
  
  
• 2008 edition of the 50 State Survey of Bad Faith, or Extra Contractual, insurance law, editor, Summer of 2008.
  
  
• "Ethics Update 2007: Accidental Clients, Red Flags, and Other Ethical Conundrums," faculty, live video webcast presented by ALI-ABA, December 7, 2007.
  
  
• "Financing the Everglades Restoration," moderator, American Water Resources 2007 Annual Conference, Albuquerque, New Mexico, November 12-15, 2007.
  
  
• "Bad Faith Claims and Discovery in the Sunshine State," co-author, Global Broker Magazine, June, 2007.
  
  
• "Bond issue allows Everglades work to be done a decade ahead of schedule," Daily Business Review, March 26, 2007.
  
  
• "Edwards Angell partner works affordable housing deal," mentioned, Daily Business Review, January 10, 2007.

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After graduating from Barnard College, Elaine taught in the New York City public school system. She obtained a master's degree in educational psychology from Columbia University, then taught in New York City and state universities and worked for the National Urban League. Elaine attended Harvard Law School, where she was the editor-in-chief of the Harvard Civil Rights-Civil Liberties Law Review. Elaine clerked for the Honorable Clifford Scott Green in the United States District Court for the Eastern District of Pennsylvania, and was an associate in the litigation/labor department of Drinker Biddle & Reath in Philadelphia. After a brief stint as the Associate General Counsel of the Albert Einstein Healthcare Foundation in Philadelphia, Elaine moved to Florida where she became an associate and, later, a partner at Nason Yeager Gerson White & Lioce.

Elaine is a mother and community activist. For ten years, she served on the Board of the United Way of Palm Beach County and chaired its Emergency Assistance Committee. Although term limited from serving on the Board, Elaine continues to chair the Committee. United Way named Elaine "Volunteer of the Year" in 2004, for her extraordinary service in the wake of Hurricanes Frances, Ivan and Jeanne. Elaine served on the Board of the Children's Place at HomeSafe, a shelter for abused and neglected children, for ten years, was a Trustee of the Palm Beach Community College for several years and was one of the original commissioners on the Florida Supreme Court Commission on Professionalism. Active in state and national bar associations, Elaine serves in the leadership of the Section on Litigation of the American Bar Association. Elaine is also active in her church, Redemptive Life Fellowship, of which she has been a covenant member since 1991.

Elaine has two children; her son is a graduate of Duke University, and her daughter attends Harvard College.