Ella's practice focuses primarily on employment law litigation. Her experience includes the defense of a variety of employment disputes, including claims of discrimination under federal and state laws, retaliation, FMLA, wage and hour cases; as well as breach of contract, wrongful termination, defamation and other common law claims. Ella also advises corporate clients on compliance with federal and state employment laws; conducting internal investigations of possible violations of law or corporate policy; and representing corporations in government investigations and civil litigation.
An experienced litigator in the federal and state courts, Ella also represents employers before the Maine Human Rights Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination. Ella has successfully defended claims brought under Title VII of the Civil Rights Act; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Family Medical Leave Act; as well as state statutory and common laws against companies in the financial services; healthcare; hospitality; manufacturing; construction and retail industries.
Prior to joining Pierce Atwood in 1999, Ella practiced law in Los Angeles with the firm of Orrick, Herrington and Sutcliffe representing clients in employment, environmental and commercial litigation.
Recent Experience
- Jordan v. MBNA Marketing Systems, Inc. MBNA Marketing Systems, Inc.
Defense of suit brought on behalf of putative class of employees alleging violations of state wage and hour statutes.
- Wotton v Portland Ventures
Judgment for defendant Portland Ventures after a three day bench trial in matter in which the plaintiff claimed that his termination was because of whistleblower activity and his sexual orientation. (2009)
- Reed v. MBNA Marketing Systems, Inc. MBNA Marketing Systems, Inc., MBNA America Bank, N.A.
Defense in a sexual harassment case raising three important issues with the affirmative defense to claims for supervisory harassment established by the U.S. Supreme Court in its Faragher and Ellerth decisions. First, both the District Court and the First Circuit agreed that MBNA was entitled assert the defense and did not accept the plaintiff's argument that her "constructive discharge" constituted a "tangible employment action" depriving it of the defense altogether. Second, both courts also agreed that as a matter of law MBNA satisfied the first element of the defense by having acted reasonably in its efforts to prevent and correct harassment. Third, the First Circuit disagreed with the District Court about the second element of the defense - that the victim unreasonably failed to avail herself of the available avenues for redress in the workplace - and concluded that there was a possibility that a jury might find it reasonable for a seventeen year old victim to wait a year before coming forward to report the harassment. The case settled after remand to the District Court. The issue of whether a constructive discharge should be considered a tangible job action has created a split in the circuit courts of appeal and may eventually have to be resolved by the Supreme Court.
Honors & Distinctions
Ella is listed in
The Best Lawyers in America in 2011 and she has been recognized by
Chambers USA for Labor & Employment law in 2007, 2010 and 2011. Ella was also selected to
New England Super Lawyers in 2008 and 2011.
Professional Activities
Member, Maine, American, and Los Angeles Bar Associations
Civic Activities
Dinner Committee, Edmund S. Muskie Access To Justice Dinner Committee
Trustee, Opportunity Farm for Boys and Girls
Member, Altar Guild at St. Mary's Church
Member, Alumni Council of Bowdoin College
Past President, Bowdoin Club of Portland, Maine
Class agent, University of Virginia Law School