Ellen Fenichel
Managing Partner – San Francisco/Walnut Creek

Phone: 415-796-0206
Fax: 415-986-8003

Ellen Fenichel
Partner – San Francisco/Walnut Creek

Phone: 415-796-0206
Fax: 415-986-8003

Ms. Fenichel’s practice focuses on business and real estate disputes in civil and family law matters. She has extensive experience supervising and conducting complex discovery in federal and state cases and frequently is asked to consult about issues concerning the discovery of electronically stored information (ESI), third-party deposition subpoenas and requests for private and proprietary information. Ms. Fenichel enjoys long-term relationships with many of her clients and provides these clients with on-going risk management services for the duration of their business ventures.

Representative matters include:

  • Represented commercial landlords with respect to various leasing issues, including lease terminations, required notices, unlawful detainer actions and breach of contract suits.
  • Supervised the implementation of complex marital settlement agreements that involve the division of business interests, sale of jointly-held properties, the transfer or assignment of assets and final accountings.
  • Successfully represented multiple owners in the partition of real estate interests and supervised the sale of the partitioned property.
  • Supervised the identification, collection, review and production of ESI in numerous civil and family law matters. Hired and managed e-discovery vendors.
  • Enforced judgments by garnishing wages, conducting debtor exams, levying bank accounts and forcing the sale of real and personal property.
  • Successfully obtained court orders permitting a foreign party to obtain discovery from California parties for use in a foreign proceeding.
  • Represented third-party deponents with respect to a variety of subpoena issues, including the protection of private, confidential and proprietary information, the permitted scope of deposition examination and the scope and manner in which documents are produced (including ESI).
  • Represented a Florida-based financing company in multi-party federal litigation involving the sale of a fraudulent promissory note. During the 10 years in which the litigation was pending, Ms. Fenichel and Mr. Makoff handled a federal jury trial, two federal appeals, extensive discovery throughout the United States, and a variety of complex judgment enforcement procedures.
  • Represented a manufacturing company in a dispute with its founder/former Chief Executive Officer concerning his termination. In addition to employment termination issues, the case involved corporate finance, shareholder dilution, and fiduciary duty issues.
  • Represented a media client in various disputes pending in multiple counties with a vexatious litigant.
  • Represented two partners in a partnership dispute with other partners concerning the ownership and development of two parcels of real property. Matter involved extensive discovery and forensic review of financial documents.

Ms. Fenichel earned a Bachelor of Arts degree in Anthropology in 1987 from the University of California at Berkeley, and she obtained her law degree in 1994 from the University of California, Hastings College of the Law. While at Hastings College of the Law, Ms. Fenichel served as Editor-in-Chief of the Hastings Women’s Law Journal (1993-1994). After graduating from law school, Ms. Fenichel began her legal career under the tutelage of Jeffrey Makoff.

Prior to law school, Ms. Fenichel worked in development for the New England Aquarium in Boston, and she continues to be passionate about animal welfare, the arts and the environment.

Ms. Fenichel is admitted to practice in all state and federal courts in the State of California, and she is a longtime member of Queen’s Bench.