Firm / Organisation

Elam & Burke PA

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This content is provided by Elam & Burke PA.

Managing Director: Matthew L. Walters
Number of Shareholders: 10
Number of Lawyers: 21
Office: Boise, Idaho
Languages: English

Firm Overview:
Elam & Burke has been a trusted legal partner in Idaho since 1928. Then and now, the firm enjoys a reputation for excellence and efficacy with its clients and in the legal community. The firm’s authentic, pragmatic style delivers approachable, efficient, high value service to its clients, informed by an understanding of the local legal landscape.

Main Areas of Practice:
■ Appellate
■ Banking & Finance
■ Civil Rights
■ Commercial Law
■ Construction Law
■ Employment Law
■ Insurance Defense
■ Litigation
■ Medical Defense & Healthcare Law
■ Product Liability
■ Professional Liability & Occupational Licensing
■ Real Estate
■ Ski Area Defense
■ Urban Renewal & Public Administration

Commercial Law:
6 partners, 5 of counsel, 2 attorneys
■ Obtained dismissal of a lawsuit against a large RV manufacturer involving allegations of fraud and violation of the Idaho Consumer Protection Act.
■ Obtained summary judgment and dismissal of a lawsuit against a boat dealer involving allegations under the UCC and the Idaho Consumer Protection Act.
■ Substantively consolidated two bankruptcy debtors resulting in dismissal of adversary claims against contractors totaling $330 million.
■ Successfully prosecuted mechanic’s lien claims in one of Idaho’s largest lien foreclosure actions.
Key Clients: Coeur d’Alene Marine Sports, Inc.; Knife River Corporation – Mountain West; Forge Building Company, LLC; The Russell Corporation
Contact: Joyce A. Hemmer
Email: [email protected]

Construction Law:
5 partners, 4 of counsel
■ Successfully defended General Contractor and Surety against claims by Subcontractor for $1 million. Obtained an award of attorney fees and costs after a two-week federal jury trial.
■ Successfully defended Contractor against City’s claims of damage to underground utilities. Obtain an award of attorney fees and costs after a five-day court trial.
■ Prevailed in a two-week arbitration against the Transportation Department for delay and disruption damages. Obtained an award of damages and costs against the Department.
■ Routinely draft and review construction contracts and related documents for owners, general contractors, and subcontractors.
Key Clients: Knife River Corporation; Forge Building Company, LLC; The Russell Corporation; Engineered Structures, Inc.
Contact: David A. Krueck
[email protected]

Employment Law:
4 partners, 1 of counsel, 3 attorneys
■ Successfully resolved litigation in federal court involving False Claims Act allegations.
■ Over the course of 16 years, achieved findings of no probable cause in approximately 90 to 95% of cases at the administrative level (Idaho Human Rights Commission and Equal Employment Opportunity Commission).
■ Enforced restrictive covenant agreements for employers and have effectively defended against such covenants on behalf of employees.
■ Provided general representation to employers of all sizes regarding new federal employment requirements related to the Families First Coronavirus Response Act.
Key Clients: Bogus Basin Recreational Association, Inc.; DeMeyer Furniture; Dairy West; North Canyon Medical Center
Contact: Matthew L. Walters
Email: [email protected]

Medical Defense & Healthcare Law:
2 partners, 1 of counsel, 2 attorneys
■ Obtained dismissal in malpractice action alleging wrongful death from negligent care in the emergency air transport of patient with dissecting aortic aneurysm.
■ Obtained defense verdict in lawsuit alleging delay in referring plaintiff for physical therapy resulting in development of limited range of motion and shoulder contracture.
■ Advised hospital system regarding risk management, provider contracts, and joint venture operations.
Contact: John J. Burke
Email: [email protected]

Product Liability:
4 partners, 5 of counsel, 2 attorneys
■ Obtained summary judgment on behalf of a medical device company that manufactured pads for electrical stimulation devices.
■ Obtained dismissal for lack of personal jurisdiction on behalf of foreign battery manufacturer in case involving allegedly defective batteries used in a vaping device.
■ Obtained dismissal for lack of personal jurisdiction on behalf of a foreign tire manufacturer in a wrongful death case involving an allegedly defective motorcycle tire stem.
■ Obtained summary judgment on statute of limitation grounds for foreign dryer manufacturer in case involving fire at a commercial dry cleaning company.
Contact: Joyce A. Hemmer
Email: [email protected]

Professional Liability & Occupational Licensing:
5 partners, 2 of counsel, 2 attorneys
■ Obtained defense verdict at trial for an accountant in a case brought by gift beneficiaries who were taxed by the IRS.
■ Obtained summary judgment on statute of limitation grounds for an Oregon attorney relating to allegedly negligent structuring of a business purchase.
■ Obtained summary judgment on statute of limitation grounds for an Idaho attorney relating to alleged negligence in representing a hotel against lender’s efforts to appoint a receiver.
■ Obtained multiple summary judgments for real estate agents and brokers for alleged breaches of disclosure duties.
Contact: Jaclyn Gans
Email: [email protected]

Real Estate & Land Use:
2 partners, 1 of counsel
■ Closed more than 170 purchase and/or sale transactions.
■ Closed $13 million sale of Lowe’s in Denver, Colorado in urban renewal district.
■ Closed real estate collateral in 22 states for $100 million loan for national bank.
■ Advised in-house for commercial retail, office and residential developers and a major general contractor.
■ Reviewed and negotiated more than 100 retail, office and industrial leases.
■ Advised City of Boise Planning & Development Services Department, and City of Boise Planning & Zoning Commission.
Contact: Amanda K. Schaus
Email: [email protected]