Elaine M. Martin, Partner

Contact Information:
Phone:  402-392-0101
Direct Line:  402-501-8137
Fax:  402-392-1011
AV Rated Martindale Hubbel
emartin@smithgardnerslusky.com

Areas of Specialty:
Corporate/Business (emphasizing preventive law and practices), Trust and Estate Management, Real Estate Management, Brain Injury, Litigation, General

Position & Background:
Partner.
Admissions: Nebraska State Bar – September 1978, US District Court for the District of Nebraska – September 1978, Oral Argument, Eighth Circuit Court of Appeals and Eighth Circuit, Court of Apeals en banc - 1995.
Member: Nebraska State Bar Association, Omaha Bar Association
Work experience includes Securities Department of Kutak Rock & Huie (business and water law, blue sky securities law) participating in the security work of numerous offerings, including a 48-state registration of Arby's and Hardee's; attorney at McGrath & North (general and water law); and counsel for Peter Kiewit & Sons, Inc. (management department, coal and transportation, U.S. wage control policies); successful security litigation on behalf of PaineWebber; creation and maintenance of numerous corporations; drafted legal documents for successful tax-free corporate spin-off, mergers and dissolutions, and various private placement offerings.
As a principal at Martin & Martin, P.C. had extensive experience in corporate and business issues, management issues, lease issues, corporate merger, sale and restructuring issues, corporate preparation for initial public offering, and employment problems such as OSHA, EOC and Workers Compensation issues.  Developed a toxic litigation and head injury specialty (one action involved 47 depositions, 19 expert witnesses including psychologists, neuropsychologists, toxicologists, industrial hygienists, industrial engineer, vocational rehabilitation-nist, life care planner, economist, sociologist) all of which pertain to areas and issues faced by corporations that work under today's complex and extensive government regulations and employment requirements.  Creditor bankruptcy experience including Citicorp Del-Lease, Inc. and Mercedes-Benz Credit Corporation.  Drafted and registered condominium projects.   Extensive lease contract experience.  Experience in franchise and lease agreements, international patent audit, OSHA air quality standard compliance, securities litigation, interstate commerce commission litigation, domestic litigation of multiple types and entity formation and transfers with accompanying liquor license applications. 

Education:
BA Duchesne College, Omaha, Nebraska 1964, JD Creighton University, Omaha, Nebraska 1978, Alpha Sigma Nu.

Civic Involvement:
Board of Trustees, Christ Child Society; Board of Trustees, Cathedral Arts Project; Principal, Westendorf LLC; Principal, Martin Realty LLC, S&M Realty LLC, and Gerard Realty LLC; Past Board of Directors, Westendorf Manufacturing Co., Inc.; Past Board of Trustees, Duchesne Academy of the Sacred Heart; Past Development Committee Head, Duchesne Academy of the Sacred Heart; Past Co-President, Creighton Preparatory School Parents Association

Publications:
Assistant Editor in Chief, Creighton Law Review, 1977-78, Author:  Melia v. Ford Motor Co. 10 Creighton Law Review 198__, 1976, Law Clerk to Hon. Donald R. Ross, U.S. Court of Appeals, Eighth Circuit, 1979-80.

Personal:
Widow of the late Dennis Martin. Has two children and three beautiful grandchildren. 

Sample Case Cites:
Hose v. Chicago and North Western Transportation Company, 70 F.3d 968 (8th Cir. 1996).