About
Gail is a civil rights attorney in Chicago focusing on employee-side litigation in…
Services
Articles by Gail
Activity
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Join the CBA Well-Being and Mindfulness Committee on December 12 to hear Joseph Milowic's (of the Lawyers Depression Project) powerful story of…
Join the CBA Well-Being and Mindfulness Committee on December 12 to hear Joseph Milowic's (of the Lawyers Depression Project) powerful story of…
Liked by Gail Eisenberg
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Thank you to everyone who made it out to the WBAI Civil Litigation Committee’s Cook County Judges’ Night last week! To join the Women's Bar…
Thank you to everyone who made it out to the WBAI Civil Litigation Committee’s Cook County Judges’ Night last week! To join the Women's Bar…
Liked by Gail Eisenberg
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So wonderful to participate in a panel at the U.S. Department of Education to discuss the importance of Native Americans becoming lawyers with these…
So wonderful to participate in a panel at the U.S. Department of Education to discuss the importance of Native Americans becoming lawyers with these…
Liked by Gail Eisenberg
Experience
Education
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Northwestern University School of Law
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Activities and Societies: Miner Moot Court (Sweet 16 '11, Best Speaker, Judicial Outreach Chair '12); Moot Court Club (Co-President, quarter finalist at the '10 Cultural Heritage Law Moot Court Competition), Journal of Law and Social Policy (Symposium Editor), SFPIF (VP), Northwestern Human Rights Project (Burma Lawyers Council program), Law Democrats (President), ACS (1 L Rep), ACLU Jimmy Doe Volunteer, Jewish Law Students (Co-President), Women's Leadership Coalition, SBA Faculty Appointments & Academic Affairs Comms.
Public Service Star - Special Distinction, Deans List, NU Law Scholar
2012 "Law Student Award" recipient from the Decalogue Society of Lawyers (America's oldest Jewish bar association)
Professional Research LexisNexis Certification, Westlaw Certification -
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Activities and Societies: Collegiate Congressional Debate Association, College Democrats, Hillel Foundation Board of Directors, Hillel Student Leadership Board (Multicultural Education Chair), StandWithUS, Civic Leadership Program, Religious Workers Association, Multicultural Advocates, Teaching Assistant for Global Studies Program, Graduate Worker Organization
Thesis topic: Change in the Federal Government and Illinois' Prospects for Increased Education Funding and Reform
Other research areas: German-Jewish Refugee Population of Chicago, Muslim-American Political Participation, Fixing Broken Windows Theory
Civic Leadership Fellow, Cline Center for Democracy -
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Activities and Societies: International Summer Program
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Activities and Societies: Alpha Epsilon Phi, Collegiate Congressional Debate Association, College Democrats, The Hillel Foundation of the University of Illinois, Hillel Leading Up North, James Scholar, Campus Honors Program, Illinois Shotokan Karate Club, Illinois Student Senate, McKinley Health Center Advisory Board, IlliniPAC, Illini Speech & Debate Team, LASLeaders, Volunteer Illini Projects Board of Directors - Community Justice Program, Leadershape, Civic Leadership Program, LAS Council
Graduated in 2.5 years. Received Political Science Departmental Scholarships and General Assembly Scholarships for two years. Awarded Joshua L. Grafton Student Leadership Award for work on Volunteer Illini Projects and Penny Severns Scholarship from Illinois Democratic Women. Awarded a place on the 2007 Homecoming Court (20 seniors chosen based on GPA, extracurricular, essays, and alumni service). Represented campus as nominee for the Truman Scholarship in 2007. Participated and presented at…
Graduated in 2.5 years. Received Political Science Departmental Scholarships and General Assembly Scholarships for two years. Awarded Joshua L. Grafton Student Leadership Award for work on Volunteer Illini Projects and Penny Severns Scholarship from Illinois Democratic Women. Awarded a place on the 2007 Homecoming Court (20 seniors chosen based on GPA, extracurricular, essays, and alumni service). Represented campus as nominee for the Truman Scholarship in 2007. Participated and presented at the Cline Symposium and Northern Trust Forums in Political Science. Received numerous debate and speech awards during intercollegiate competition.
Concentrations in Speech Communications and Religious Studies. -
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Activities and Societies: Captain of Congressional Debate/Student Congress, Captain of Speech Team (Forensics), Tenth Congressional District Democrats Steering Committee, Deputy Precinct Committeewoman (Precinct 225), Scholastic Bowl, Junior State of America, Girl Scouts, Illinois Democratic Students, United Synagogue Youth, Olin-Sang-Ruby Union Institute (OSRUI), theater, lllini Girls State (American Legion Auxillary), Key Club, Highland Park High School Honor Society
Graduated with honors; awarded Girl Scout Gold Award, May 2004; Academic All-American from the National Forensics League, Sept. 2004; A.P. National Scholar with Distinction; IL State Scholar, 2005; National Merit Commended, Sept. 2004; Women IN Government Service Scholarship, Feb. 2005; IHSA Congressional Debate Runner-Up, N. Illinois Senate Debate Champion, April 2005; Prudential Spirit of Community Award of Excellence, May 2005; Rep. Karen May General Assembly Scholarship, May 2005; Social…
Graduated with honors; awarded Girl Scout Gold Award, May 2004; Academic All-American from the National Forensics League, Sept. 2004; A.P. National Scholar with Distinction; IL State Scholar, 2005; National Merit Commended, Sept. 2004; Women IN Government Service Scholarship, Feb. 2005; IHSA Congressional Debate Runner-Up, N. Illinois Senate Debate Champion, April 2005; Prudential Spirit of Community Award of Excellence, May 2005; Rep. Karen May General Assembly Scholarship, May 2005; Social Science Scholarship, May 2005; Highland Park Chamber of Commerce Scholarship, April 2005; American Legion High School Oratory Contest; Girl Scout Gold Award Women of Distinction, Illinois Crossroads Council nominee 2006; Voice of Democracy post winner; various congressional debate, public forum/Ted Turner debate, and forensics awards
Licenses & Certifications
Volunteer Experience
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Supervisor 2021-2025; Trustee 2017- 2021
New Trier Township
- Present 7 years 8 months
Social Services
I am proud to serve the residents of New Trier Township as an elected official. The mission of New Trier Township is to provide leadership, advocacy and resources to benefit the physical, mental and social well-being of Township residents.
2023 Annual Town Meeting: https://youtu.be/by4w99pqd4I
2018 Annual Meeting Address here: https://soundcloud.com/user-105720808/new-trier-township-podcast-episode-9-gail-eisenberg.
FY 2017 Annual Report:…I am proud to serve the residents of New Trier Township as an elected official. The mission of New Trier Township is to provide leadership, advocacy and resources to benefit the physical, mental and social well-being of Township residents.
2023 Annual Town Meeting: https://youtu.be/by4w99pqd4I
2018 Annual Meeting Address here: https://soundcloud.com/user-105720808/new-trier-township-podcast-episode-9-gail-eisenberg.
FY 2017 Annual Report: http://www.newtriertownship.com/assets/1/Documents/18-027_NTtwp_annual_rpt_2017_e.pdf. -
Board Member (2019-Present); Lunch Committee, The Future Voices Council
Personal PAC
- Present 8 years
Civil Rights and Social Action
Founded in 2015, Personal PAC's Future Voices Council (FVC) brings together young women and men under 40 who are committed to protecting reproductive rights and electing pro-choice candidates in Illinois. Council members believe that every woman and family in Illinois should have access to abortion and birth control, and are active in supporting candidates who share that belief. If you're interested in getting involved, please email us at [email protected].
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Community Review Committee
Wilmette District 39
- 2 years 1 month
Education
The CRC is comprised of two parent representatives from each school, a group of D39 teachers and administrators, and a Board of Education Representative. Last year the Committee researched how to best improve parent partnerships. This year, we will participate in the district’s strategic planning.
2020 Report: http://www.wilmette39.org/UserFiles/Servers/Server_360846/File/Board%20of%20Ed/PublicPacket/2020-06-15.html
Learn more here:…The CRC is comprised of two parent representatives from each school, a group of D39 teachers and administrators, and a Board of Education Representative. Last year the Committee researched how to best improve parent partnerships. This year, we will participate in the district’s strategic planning.
2020 Report: http://www.wilmette39.org/UserFiles/Servers/Server_360846/File/Board%20of%20Ed/PublicPacket/2020-06-15.html
Learn more here: http://wilmette39.ss9.sharpschool.com/about_d39/community_review_committee -
Quality Jobs/Advocacy Council
Women Employed
- Present 6 years 8 months
Poverty Alleviation
Women Employed has spent the last 45 years of mobilizing people and organizations to expand educational and employment opportunities for America’s working women. The Quality Jobs Council helps improve women's jobs and develops ideas for bettering workplace conditions in low-paying industries.
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Volunteer Attorney, Judicial Bypass Coordination Project
Roger Baldwin Foundation of the ACLU of Illinois
- 7 years 7 months
Civil Rights and Social Action
In response to the recent court decision in Zbaraz v. Madigan, which revived Illinois’ dormant Parental Notice of Abortion Act of 1995, the ACLU established the Illinois Bypass Coordination Project to help young women who need to go to the court for a judicial waiver of the Act’s notification requirements. The Supreme Court has made clear that a mature young woman has the same right to make this decision as an adult, without anyone else’s involvement. And if having an abortion is in her best…
In response to the recent court decision in Zbaraz v. Madigan, which revived Illinois’ dormant Parental Notice of Abortion Act of 1995, the ACLU established the Illinois Bypass Coordination Project to help young women who need to go to the court for a judicial waiver of the Act’s notification requirements. The Supreme Court has made clear that a mature young woman has the same right to make this decision as an adult, without anyone else’s involvement. And if having an abortion is in her best interests, she has the right to obtain one. The Illinois Bypass Coordination Project provides young women information about the Act’s impact and connects young women with free attorneys, like me, that represent and counsel them through the legal hoops of the judicial bypass process in order to secure these rights.
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Administration and Government Affairs Committees; Chairperson Emeritus, Young Lawyers Group (TIP Division)
Jewish United Fund of Metropolitan Chicago
- Present 10 years
Social Services
With the largest, most diverse network of Jewish professionals, entrepreneurs, and business owners in Chicago, JUF's Trades, Industries & Professionals Division is the central address for your networking and philanthropic needs, and is positioned to provide access to both high level business leaders and Jewish thinkers through high quality, relevant professional programming. The Young Lawyers Group (YLG) serves as a means to connect young Jewish lawyers and law students in Chicago by providing…
With the largest, most diverse network of Jewish professionals, entrepreneurs, and business owners in Chicago, JUF's Trades, Industries & Professionals Division is the central address for your networking and philanthropic needs, and is positioned to provide access to both high level business leaders and Jewish thinkers through high quality, relevant professional programming. The Young Lawyers Group (YLG) serves as a means to connect young Jewish lawyers and law students in Chicago by providing opportunities for professional and social networking, educational forums on industry-related topics, and volunteer opportunities.
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N. Suburban Leadership; IL Gov. Affairs Comm., Gretchen Carlson Advocacy Fellow, & Walk Team Captain
March of Dimes
- Present 11 years 6 months
Children
My daughter Julia was born at 34 weeks and 4 days weighing just 3 lbs, 1 oz. Thanks to the support and research funded by the March (and our fabulous nurses and doctors at Prentice and Lurie), Julia graduated from the NICU after 18 days and is doing fantastic. Since then, our family has been active in the March of Dimes. We participate in the March for Babies each Spring. In July 2018, I was named to the inaugural class of Gretchen Carlson Advocacy Fellows, a year-long program meant to…
My daughter Julia was born at 34 weeks and 4 days weighing just 3 lbs, 1 oz. Thanks to the support and research funded by the March (and our fabulous nurses and doctors at Prentice and Lurie), Julia graduated from the NICU after 18 days and is doing fantastic. Since then, our family has been active in the March of Dimes. We participate in the March for Babies each Spring. In July 2018, I was named to the inaugural class of Gretchen Carlson Advocacy Fellows, a year-long program meant to strengthen my ability to advocate for healthy moms and babies on the state and federal level. Learn more here: https://bit.ly/2zJijVr.
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Legal Advisory Council
Triage Cancer
- Present 4 years 2 months
Civil Rights and Social Action
Triage Cancer’s Legal Advisory Council is made up of leaders in the legal community who have a connection to the cancer community and are interested in our work, and/or lawyers who have a subject matter expertise that pertains to the legal issues often faced by those in the cancer community.
Triage Cancer Legal Advisory Council Members are asked to lend their expertise on substantive areas of cancer-related issues, make recommendations on additional experts and groups we should be engaging…Triage Cancer’s Legal Advisory Council is made up of leaders in the legal community who have a connection to the cancer community and are interested in our work, and/or lawyers who have a subject matter expertise that pertains to the legal issues often faced by those in the cancer community.
Triage Cancer Legal Advisory Council Members are asked to lend their expertise on substantive areas of cancer-related issues, make recommendations on additional experts and groups we should be engaging, and make recommendations for new members of our Legal Advisory Council, Speakers Bureau, or Board of Directors, so that we may best serve the cancer community. -
Assistant Troop Leader/Cookie Mom; Project Law Track Volunteer
Girl Scouts of Greater Chicago and Northwest Indiana
- Present 11 years 11 months
Children
Currently volunteer as an assistant troop leader and Cookie parent in Wilmette as well as the organizer of the annual Girl Scout Pinewood Derby for the Service Unit.
Project Law Track is a series of interactive sessions all relating to the interesting field of law facilitated by members of The Chicago Bar Association Alliance for Women in conjunction with the Girl Scouts of Greater Chicago and Northwest Indiana. Female attorneys with the Alliance committee and several teen Girl Scouts…Currently volunteer as an assistant troop leader and Cookie parent in Wilmette as well as the organizer of the annual Girl Scout Pinewood Derby for the Service Unit.
Project Law Track is a series of interactive sessions all relating to the interesting field of law facilitated by members of The Chicago Bar Association Alliance for Women in conjunction with the Girl Scouts of Greater Chicago and Northwest Indiana. Female attorneys with the Alliance committee and several teen Girl Scouts have designed a series of dynamic sessions that culminate in a mock trial. -
JAC II
Joint Action Committee for Political Affairs (JAC)
- Present 8 years 1 month
Civil Rights and Social Action
JAC was founded after the 1980 election when many friends of Israel in the Congress were defeated by an emerging force in American politics: Radical Right political groups that opposed Israel and the values of mainstream American Jewry. Concerned Jewish activists reached out to their networks across the country to spread the message that they could support Israel, fight the Radical Right and become a positive force in the political process. In the decades that followed, JAC remained committed…
JAC was founded after the 1980 election when many friends of Israel in the Congress were defeated by an emerging force in American politics: Radical Right political groups that opposed Israel and the values of mainstream American Jewry. Concerned Jewish activists reached out to their networks across the country to spread the message that they could support Israel, fight the Radical Right and become a positive force in the political process. In the decades that followed, JAC remained committed to the US-Israel relationship as its core issue, while defending social policies consistent with the priorities of the American Jewish community, principally reproductive rights and separation of religion and state. With so many Jewish organizations advancing the goal of US support for Israel, JAC was the first and for many years the only, bipartisan group to blend its support for the US-Israel relationship with a commitment to a progressive social agenda.
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Candidate for New Trier Township Trustee 2017
New Trier Citizens League/ New Trier Economy Party
- 1 year 8 months
Politics
The New Trier Citizens League is a non-partisan community organization made up of volunteers who function as a caucus to slate candidates to serve as Township officials. Secondarily, the Citizens League functions as a watchdog group to provide oversight on behalf of residents to observe the work of New Trier Township. The relationship between the Citizens League and the Township is a partnership wherein members of the Citizens League educate themselves on the business of the Township to assure…
The New Trier Citizens League is a non-partisan community organization made up of volunteers who function as a caucus to slate candidates to serve as Township officials. Secondarily, the Citizens League functions as a watchdog group to provide oversight on behalf of residents to observe the work of New Trier Township. The relationship between the Citizens League and the Township is a partnership wherein members of the Citizens League educate themselves on the business of the Township to assure the Township stays focused on its core mission.
The New Trier Economy Party was formed in 2016 by the New Trier Citizen's League for the purposes of slating candidates for New Trier Township positions in the Illinois April 4, 2017 consolidated general election.
In January 2017, I was slated to serve as one of four Economy Party candidates for New Trier Township Trustee. -
Pro Bono Attorney
National Immigrant Justice Center
- 2 months
Civil Rights and Social Action
Successfully represented a transgender woman from Mexico in asylum hearing. Heartland Alliance's National Immigrant Justice Center (NIJC) is dedicated to ensuring human rights protections and access to justice for all immigrants, refugees and asylum seekers. NIJC provides direct legal services to and advocates for these populations through policy reform, impact litigation, and public education.
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Volunteer Attorney
Domestic Violence Legal Clinic
- 4 months
Social Services
The Domestic Violence Legal Clinic ("DVLC") is a civil legal service agency specializing in domestic violence. In addition to partnering with the Office of the Chief Judge on the Pro Bono Project, we represent clients seeking orders of protection.
Through the DVLC, I obtained an emergency order of protection on behalf of my client, and after a contested hearing with multiple witnesses obtained a plenary order of protection against the respondent. -
Volunteer Teacher
Lawyers in the Classroom
- 10 months
Education
Lawyers in the Classroom is a A Constitutional Rights Foundation program where lawyers help students learn about the U.S. Constitution, our legal system, and law-related careers. We visit Legacy Charter School once a month to teach lessons and help the students present a mock trial at the end of the school year.
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Litigation Group Co-Captain
The Chicago Bar Foundation
- 10 months
Civil Rights and Social Action
Co-captained the Dentons' litigation team’s Investing in Justice Campaign fundraising for the Chicago Bar Foundation and is partially responsible for increasing the firm’s participation rate 25% from last year.
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Community Outreach Chair, Former Professional Development Chair
Jewish Alumni Network of the University of Illinois at Urbana-Champaign
- 8 years 6 months
Education
JAN helps establish relationships between current and future University of Illinois alumni, and develops networks within the larger University of Illinois and global Jewish communities. JAN provides opportunities and programs that enhance the ways in which individuals identify Jewishly, and creates, supports, and fosters vibrant and diverse Jewish life and culture as alumni integrate into communities worldwide. JAN promotes unity and maintains communications among Jewish alumni and friends of…
JAN helps establish relationships between current and future University of Illinois alumni, and develops networks within the larger University of Illinois and global Jewish communities. JAN provides opportunities and programs that enhance the ways in which individuals identify Jewishly, and creates, supports, and fosters vibrant and diverse Jewish life and culture as alumni integrate into communities worldwide. JAN promotes unity and maintains communications among Jewish alumni and friends of UIUC, and mentors and assists newer alumni with their integration into the working world.
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Co-Founder, Board of Directors
Collegiate Congressional Debate Association
- Present 18 years 5 months
Education
The Collegiate Congressional Debate Association (CCDA) is a non-for-profit organization dedicated to teaching college students the art of rhetoric and debate. Participants are given the opportunity to compete with students from other colleges and universities in a style related to that of the United States Congress. Students create topics, prepare research, and compete at various universities with the goal of facilitating the gradual improvement of their oratory skills and developing a deep…
The Collegiate Congressional Debate Association (CCDA) is a non-for-profit organization dedicated to teaching college students the art of rhetoric and debate. Participants are given the opportunity to compete with students from other colleges and universities in a style related to that of the United States Congress. Students create topics, prepare research, and compete at various universities with the goal of facilitating the gradual improvement of their oratory skills and developing a deep understanding of current events.
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Board of Governors Member
Hillel Foundation at the University of Illinois at Urbana-Champaign
- 6 years 1 month
Education
Hillel, the foundation for Jewish campus life at the University of Illinois at Urbana-Champaign, creates a warm and welcoming community where students from all Jewish backgrounds can meet, explore and celebrate Jewish life.
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Board Member
Beth Hillel Bnai Emunah
- 4 years 4 months
Beth Hillel Bnai Emunah is a vibrant, multi-generational, egalitarian synagogue in Wilmette, Illinois, with an award-winning Hebrew School. We have a strong love and loyalty for Jewish practice while offering a progressive stance on social issues. Our aim is to create a warm and enriching environment encouraging personal growth through Jewish living, learning, prayer, and celebration. In addition to my Board role, I am an occasional tot Shabbat leader and lead the Families with Littles high…
Beth Hillel Bnai Emunah is a vibrant, multi-generational, egalitarian synagogue in Wilmette, Illinois, with an award-winning Hebrew School. We have a strong love and loyalty for Jewish practice while offering a progressive stance on social issues. Our aim is to create a warm and enriching environment encouraging personal growth through Jewish living, learning, prayer, and celebration. In addition to my Board role, I am an occasional tot Shabbat leader and lead the Families with Littles high holiday services.
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Wilmette Chapter Board Member; Nominating, Bylaws, Affordable Housing, and Criminal Justice Reform Committees; Wilmette Delegate to LWV-Cook County
League of Women Voters
- Present 4 years
Civil Rights and Social Action
Publications
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Life at First Breath: Abortion Rights and Judaism
Decalogue Society Tablets
In light of the Alabama Supreme Court's recent holding that frozen embryos could be considered children based explicitly on Christian conceptions of life, I delve into Jewish thought related to when life begins and its implications for IVF, abortion, and religious freedom litigation challenging abortion bans.
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Dox and the Courthouse
Decalogue Society Tablets
A new Illinois law will give victims of the nonconsensual and intentionally harassing disclosure of their personally identifiable information—known colloquially as “doxing” or “doxxing”—the ability to sue their attacker and prevent further disclosures. In this short article, we discuss what doxing is, how the new law addresses the problem, the rationale behind the legislation, how doxing was addressed civilly before the legislation, and areas for future legislation and litigation - including…
A new Illinois law will give victims of the nonconsensual and intentionally harassing disclosure of their personally identifiable information—known colloquially as “doxing” or “doxxing”—the ability to sue their attacker and prevent further disclosures. In this short article, we discuss what doxing is, how the new law addresses the problem, the rationale behind the legislation, how doxing was addressed civilly before the legislation, and areas for future legislation and litigation - including the First Amendment implications.
Other authorsSee publication -
Attention to Detail: How the Tax Cuts and Jobs Act Harms Sexual Harassment Victims
Decalogue Society Tablets
The Tax Cuts and Jobs Act includes a little-publicized provision that increased the tax burden for women who preferred to confidentially settle their sexual harassment claims rather than confront their harassers in a public court. While society has benefited from the recent recognition of the ubiquity of sexual harassment and assault, we must question whether discouraging confidentiality provisions in settlement agreements are the best for victims. While most women can answer, #metoo, not…
The Tax Cuts and Jobs Act includes a little-publicized provision that increased the tax burden for women who preferred to confidentially settle their sexual harassment claims rather than confront their harassers in a public court. While society has benefited from the recent recognition of the ubiquity of sexual harassment and assault, we must question whether discouraging confidentiality provisions in settlement agreements are the best for victims. While most women can answer, #metoo, not every victim wants or can be an activist and our tax code should respect her choice.
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Trumping Sexual Harassment Law?
Decalogue Tablets
I break down the Trump family's recent statements regarding workplace sexual harassment.
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Dislike: Facebook, the Incitement of Violence, and the Law
Decalogue Tablets, The Decalogue Society of Lawyers
Facebook is not just a social network; it's a social tool. It goes beyond providing a forum by using algorithms to connect ideas, products, and people to users who may be most interested. Terrorists have been utilizing Facebook's functionality to spread hate, recruit extremists, and encourage the recent wave of terror in Israel sometimes referred to as the Third or Knife Intifada. In response, 20,000 Israeli citizens sued Facebook in New York state court last October. Although the Plaintiffs'…
Facebook is not just a social network; it's a social tool. It goes beyond providing a forum by using algorithms to connect ideas, products, and people to users who may be most interested. Terrorists have been utilizing Facebook's functionality to spread hate, recruit extremists, and encourage the recent wave of terror in Israel sometimes referred to as the Third or Knife Intifada. In response, 20,000 Israeli citizens sued Facebook in New York state court last October. Although the Plaintiffs' hearts are in the right place, the suit likely isn't.
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The Tenth Circuit Rejects Excess Insurers' Implied Duty To Investigate And Initiate Settlement Negotiations
Advisen FPN
Interpreting Oklahoma law, the US Court of Appeals for the Tenth Circuit recently held that the duty of good faith and fair dealing does not require that an excess insurer, unlike a primary insurer, affirmatively investigate the claims against the insured and initiate settlement discussions.
Other authorsSee publication -
Obergefell v. Hodges: Let Same-Sex Couples Eat Cake (Even if Baked By Those with Religious Objections)
The Decalogue Tablets, Decalogue Society of Lawyers
Wedding bells began chiming across the country when the United States Supreme Court struck down the remaining 14 state same-sex marriage bans on June 26, 2015. Almost immediately, commentators began raising alarm bells about the implications of the decision on religious liberty. For the most part, their fears, though certainly valid, are unfounded. Obergefell does not mean that Orthodox Rabbis will be forced to perform same-sex marriage ceremonies, but religious businesses may not be able…
Wedding bells began chiming across the country when the United States Supreme Court struck down the remaining 14 state same-sex marriage bans on June 26, 2015. Almost immediately, commentators began raising alarm bells about the implications of the decision on religious liberty. For the most part, their fears, though certainly valid, are unfounded. Obergefell does not mean that Orthodox Rabbis will be forced to perform same-sex marriage ceremonies, but religious businesses may not be able to discriminate based on the sexual orientation of their customers under state laws and government officials may not refuse to do their legal duties.
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The Tenth Circuit Rejects Excess Insurers' Implied Duty To Investigate And Initiate Settlement Negotiations
Agents of America, E & O Prevention Newsletter
Interpreting Oklahoma law, the US Court of Appeals for the Tenth Circuit recently held that the duty of good faith and fair dealing does not require that an excess insurer, unlike a primary insurer, affirmatively investigate the claims against the insured and initiate settlement negotiations if the insured’s liability is clear and a judgment in excess of its policy limits is likely.
Other authorsSee publication -
Je ne suis pas universelle - The Law and Religious Cartoons
Decalogue Tablets, The Decalogue Society of Lawyers
On January 7th Saïd and Chérif Kouachi, two terrorists from Al-Qaeda’s Yemen branch, stormed the Paris office of the French satirical weekly, Charlie Hebdo, killing 12 and injuring 11 others. The terrorists were seemingly motivated by revenge for the paper’s publication of cartoons featuring the Islamic Prophet Muhammad. Four days later, millions, including more than 40 world leaders, rallied in for unity in France. Millions more took to so to social media to proclaim, “Je sui Charlie,” I…
On January 7th Saïd and Chérif Kouachi, two terrorists from Al-Qaeda’s Yemen branch, stormed the Paris office of the French satirical weekly, Charlie Hebdo, killing 12 and injuring 11 others. The terrorists were seemingly motivated by revenge for the paper’s publication of cartoons featuring the Islamic Prophet Muhammad. Four days later, millions, including more than 40 world leaders, rallied in for unity in France. Millions more took to so to social media to proclaim, “Je sui Charlie,” I am Charlie, a statement of their solidarity with the slain satirists. But the sentiment is not universal. In this short article, I discuss the fighting words doctrine from Papal, American, Saudi, and French perspectives.
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Legislature Passes New Eavesdropping Law
Media Law Resource Center (MLRC) MediaLawLetter
The Illinois General Assembly passed a new eavesdropping law to replace the provisions the Illinois Supreme Court struck down in March 2014. The statute criminalizes secretly recording only private conversations without each party to that conversation's consent, with numerous exceptions for approved law enforcement investigations. I analyze the new provisions of the statute and interpret them given the Illinois Supreme Court's precedent.
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Greece is the Word (of G-d?): Town of Greece v. Galloway and the Future of Legislative Prayer
Decalogue Tablets, The Decalogue Society of Lawyers
The Supreme Court recently held that the Town of Greece, New York, did not violate the Establishment Clause by inviting local religious leaders to offer sectarian prayer at the opening of its monthly board meetings. See Town of Greece, N.Y. v. Galloway, 134 S. Ct. 1811, 1828 (2014). The court determined that the prayers were consistent with this country’s tradition of legislative prayer as long as it was not used to proselytize or coerce participation by nonadherents. Id. at 1826-28…
The Supreme Court recently held that the Town of Greece, New York, did not violate the Establishment Clause by inviting local religious leaders to offer sectarian prayer at the opening of its monthly board meetings. See Town of Greece, N.Y. v. Galloway, 134 S. Ct. 1811, 1828 (2014). The court determined that the prayers were consistent with this country’s tradition of legislative prayer as long as it was not used to proselytize or coerce participation by nonadherents. Id. at 1826-28. Ultimately, the decision allows local governments across the country to step into a time capsule. They may look with rosy retrospection upon a past likely much more complicated than it now seems and, in the name of ceremony, marginalize the already marginalized in their communities.
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HB 5170: Extending the Status of Marriage to All Illinois Couples
The Decalogue Tablets, The Decalogue Society of Lawyers
A discussion of the resolution by the Board of Directors of the Decalogue Society of Lawyers supporting what was then HB 5170 in the Illinois legislature, the Illinois Religious Freedom and Marriage Fairness Act.
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Turn to the Constitution in Prayer: Freedom from Religion Foundation v. Obama, the Constitutionality and the Politics of the National Day of Prayer
National Lawyers Guild Review
Had the Seventh Circuit found the FFRF had standing to sue in Freedom From Religion v. Obama, the court could have found the National Day of Prayer an impermissible form of state religious action. This leaves opponents of the National Day of Prayer with two choices: (1) find a plaintiff with standing or (2) lobby to change the law.
Projects
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CBA: Women's History Month Breakfast- Secrets to Self Advocacy
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"Privacy Developments and Agency Reactions," ABA National Symposium on Technology in Labor & Employment
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Surveillance continues to be a concern for privacy advocates, workers, and
consumers. Recently, various agencies including the NLRB, DOL, FTC
and CFPB, as well as state level agencies in California have issued
guidance concerning surveillance of workers and used non-traditional
ways to address these issues in the absence of Congressional action. This
panel will explore the action that various agencies are taking, whether
courts will uphold the actions that the agencies…Surveillance continues to be a concern for privacy advocates, workers, and
consumers. Recently, various agencies including the NLRB, DOL, FTC
and CFPB, as well as state level agencies in California have issued
guidance concerning surveillance of workers and used non-traditional
ways to address these issues in the absence of Congressional action. This
panel will explore the action that various agencies are taking, whether
courts will uphold the actions that the agencies are taking, and whether
these agencies should be addressing surveillance and privacy.
Moderator: Alvin Velazquez, Associate General Counsel, SEIU, Washington, DC
Speakers: Matthew Bodie, University of Minnesota, Minneapolis, MN
Jeremy Edelson, Laner Muchin Ltd., Chicago, IL
Gail Eisenberg, Loftus & Eisenberg, Chicago, IL
Angie Cowan Hamada, National Labor Relations Board, Chicago, IL -
CBA: Equality Interrupted: How Dobbs Impacts Women’s Rights
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The Chicago Bar Association’s Women’s History Month programming will include a discussion with a panel of speakers who will explore the impact of Dobbs v. Jackson Women’s Health Organization since it was decided, including legislative updates and what is expected to come in the near-term.
Speakers:
Khadine Bennett, Director of Advocacy and Intergovernmental Affairs, American Civil Liberties Union (ACLU) of Illinois
Gail Schnitzer Eisenberg, Loftus Eisenberg & Chair of The…The Chicago Bar Association’s Women’s History Month programming will include a discussion with a panel of speakers who will explore the impact of Dobbs v. Jackson Women’s Health Organization since it was decided, including legislative updates and what is expected to come in the near-term.
Speakers:
Khadine Bennett, Director of Advocacy and Intergovernmental Affairs, American Civil Liberties Union (ACLU) of Illinois
Gail Schnitzer Eisenberg, Loftus Eisenberg & Chair of The Chicago Bar Association’s Labor & Employment Committee
Natalie Scrouton Federle, General Counsel at Sermo & Board Chair at Personal PAC
Professor Steve Sanders, Professor of Law, Indiana University Maurer School of Law
Moderators:
Alexis Crawford Douglas, Partner, K&L Gates
Lauren Novak, Chief Human Resources Officer and Employment Counsel, Corrugated Supplies Company, LLC -
"Limits of Electronic Surveillance of the Workplace" at ABA 16th Annual Labor & Employment Law Conference
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Employee surveillance technology has exploded over the last
several decades. Methods for monitoring workers—both inside
and outside the workplace—run the gambit from traditional
audio and video collection in workplace settings of all times,
to cell tower monitoring, to keystroke analysis, social media
“friending” by supervisors, and to the collection and analysis
of employee metadata. Panelists will consider the legality,
utility and best practices from employer…Employee surveillance technology has exploded over the last
several decades. Methods for monitoring workers—both inside
and outside the workplace—run the gambit from traditional
audio and video collection in workplace settings of all times,
to cell tower monitoring, to keystroke analysis, social media
“friending” by supervisors, and to the collection and analysis
of employee metadata. Panelists will consider the legality,
utility and best practices from employer, union and employee
perspectives, and, in doing so, will address the law of surveillance
and employee privacy from the perspective of several distinct
but intertwined areas of law, stemming from the National Labor
Relations Act, the Electronic Communications Privacy Act, state
laws, and the guidance of the Federal Trade Commission.Other creatorsSee project -
"Technology in the Age of #MeToo" presented at ABA 2019 Labor & Employment Law Conference
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The #MeToo and #TimesUp movements have produced a cascade of revelations concerning serious sexual harassment and other gender-based discrimination in the workplace. These movements have questioned the status quo in many, if not all, industries. How (and what) should technology be employed to address this crisis? And, what are the legal implications, practical impacts, and ethical queries for management, government, unions, and individuals when these technologies are employed? Drawing from…
The #MeToo and #TimesUp movements have produced a cascade of revelations concerning serious sexual harassment and other gender-based discrimination in the workplace. These movements have questioned the status quo in many, if not all, industries. How (and what) should technology be employed to address this crisis? And, what are the legal implications, practical impacts, and ethical queries for management, government, unions, and individuals when these technologies are employed? Drawing from their respective expertise and experience, this panel will address these questions in depth. In doing so, panelists will provide insight on technology aiming to prevent pay inequities, gender discrimination and sexual harassment and to assist in the investigation and resolution of claims. They will also discuss this technology’s implementation in the workplace, in investigations, and in the courtroom.
Other creatorsSee project -
Northwestern Law Alumni Club of Chicago Cannabis Law 101 Salon
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Adult-use cannabis will be legal in Illinois starting January 2020 and many states have already legalized cannabis for both medical and recreational use. Please join us for an in-depth discussion with them to learn more about the growing cannabis industry and legal practice around it.
Other creators -
"Leveraging Technology to Address the Wage Gap," ABA National Symposium on Technology in Labor and Employment Law
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Pay equity among women and minorities continues to be a major problem and
challenge for employers. Many employers are aware of pay gaps in their workforce
and want to address the problem. There are myriad reasons employers should want
to eliminate pay gaps. Fair pay leads to increased morale and improved productivity.
It is also a powerful recruiting and retention tool, attracting better talent and reducing
turnover costs. In other words, equal pay is good for business. Speakers…Pay equity among women and minorities continues to be a major problem and
challenge for employers. Many employers are aware of pay gaps in their workforce
and want to address the problem. There are myriad reasons employers should want
to eliminate pay gaps. Fair pay leads to increased morale and improved productivity.
It is also a powerful recruiting and retention tool, attracting better talent and reducing
turnover costs. In other words, equal pay is good for business. Speakers from both
sides of the debate will discuss how employers and employees can use technological
advancements to narrow the wage gap.
Moderator: Gail Schnitzer Eisenberg, Stowell & Friedman, Ltd., Chicago, IL
Speakers: Zev Eigen, Syndio Solutions, Los Angeles, CA
Heather Mitchell, JPMorgan Chase & Co., Chicago, IL
David Schaffer, Allstate Insurance Company, Northbrook, IL -
"How an Idea Becomes Law: Personal stories of legislative advocacy," CBA Women in Law Committee CLE
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I discussed my experiences advocating in Springfield for SB 3503, Lactation Accommodations in Courthouses, in coordination with the ACLU of Illinois as a layperson including working with interest groups, lobbying, media efforts, and testifying before legislative bodies.
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Is this Thing On? Young Lawyers and CLE at ACLEA's 51st Annual Meeting
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A panel discussionwith young lawyer leaders and a professional development expert to explore what young lawyers really want from their continuing legal education.
Moderator: Stephanie Ball, Brownstein Hyatt Farber Schreck
Gail Schnitzer Eisenberg, Dentons
Paul-Matthieu Grondin, Young Bar Association of Montreal
Teddy Reese, Georgia Appleseed Center for Law & Justice
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Illinois Mandatory Sexual Harassment Prevention Training
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Originally presented to the Wilmette Chamber of Commerce in December 2020
Honors & Awards
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Emerging Lawyer in Civil Rights and Employment Law: Employee
Leading Lawyers and Law Bulletin Media
Emerging Lawyers have been identified by their peers to be among the TOP LAWYERS in Illinois who are age 40 or younger unless they have practiced for no more than 10 years. Any lawyer licensed in a given state who has proven to be of exceptional character and has conveyed outstanding aptitude for the practice of law in the early stage of their career may be nominated. Less than 2% of all lawyers licensed in each state have received the distinction of Emerging Lawyer.
SELECTION…Emerging Lawyers have been identified by their peers to be among the TOP LAWYERS in Illinois who are age 40 or younger unless they have practiced for no more than 10 years. Any lawyer licensed in a given state who has proven to be of exceptional character and has conveyed outstanding aptitude for the practice of law in the early stage of their career may be nominated. Less than 2% of all lawyers licensed in each state have received the distinction of Emerging Lawyer.
SELECTION CRITERIA FOR LAW BULLETIN'S EMERGING LAWYERS
Emerging Lawyers must be 40 or younger unless they have practiced for no more than 10 years. -
Illinois Rising Star in Employment Litigation
Super Lawyers and Chicago Magazine
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American Bar Association Section of Labor & Employment Law Young Lawyers Division Fellowship
American Bar Association
The YLD Fellowship Program has been implemented by the Section of Labor & Employment Law to provide selected young lawyers who are members of the Section the opportunity to participate in section initiatives and annual meetings.
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American Bar Foundation Fellow
American Bar Foundation
The ABF Fellows is a global honorary society that recognizes attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. ABF Fellows hail from nearly 40 countries and hold a wide variety of influential roles. Membership is limited to just one percent of lawyers licensed to practice in each jurisdiction. Members are nominated by their peers…
The ABF Fellows is a global honorary society that recognizes attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. ABF Fellows hail from nearly 40 countries and hold a wide variety of influential roles. Membership is limited to just one percent of lawyers licensed to practice in each jurisdiction. Members are nominated by their peers and selected by the ABF Board.
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Emerging Lawyer in Civil Rights and Employment Law: Employee
Leading Lawyers
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Excellent Community Service Award
South Asian Welfare Association
"For outstanding and dedicated public service to the people of the State of Illinois, including those in the Pakistani American community."
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Top 40 Young Lawyers On the Rise Award
American Bar Association
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Award of Appreciation
Urdu Samaj of Chicago
"for achieving and maintaining the highest integrity and standard of excellence in community service and leadership for years 2020/2021."
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Illinois Rising Star in Employment Litigation
Super Lawyers & Chicago Magazine
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Emerging Lawyer in Civil Rights and Employment Law: Employee
Leading Lawyers
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Emerging Lawyer in Civil Rights and Employment Law: Employee
Leading Lawyers Magazine
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Illinois Rising Star in Employment Litigation
Super Lawyers
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Illinois Rising Star in Employment Litigation
Super Lawyers and Chicago Magazine
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent…
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars.
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Illinois Rising Star in Employment Litigation
Super Lawyers and Chicago Magazines
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent…
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars.
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Suburban Leadership Award
Arise Chicago and Open Communities
In recognition of my work to support the Cook County Ordinances gradually raising the minimum wage and providing for earned sick leave.
Arise Chicago partners with immigrants and leaders from the religious, government, legal, labor, and academic communities to end workplace abuse. Arise Chicago has passed City and County Ordinances to prevent wage theft, helping Chicago to become a city where business ethics and families can thrive!
Open Communities is a leading voice for housing,…In recognition of my work to support the Cook County Ordinances gradually raising the minimum wage and providing for earned sick leave.
Arise Chicago partners with immigrants and leaders from the religious, government, legal, labor, and academic communities to end workplace abuse. Arise Chicago has passed City and County Ordinances to prevent wage theft, helping Chicago to become a city where business ethics and families can thrive!
Open Communities is a leading voice for housing, economic and social justice in north suburban Chicago, working to promote inclusive communities that are welcoming to all.
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Illinois Rising Star in Employment Litigation
Super Lawyers and Chicago Magazines
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent…
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars.
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Emerging Lawyer: Employee-Side Employment Law
Leading Lawyers, a division of Law Bulletin Publishing Company
Emerging Lawyers have been identified by their peers to be among the TOP LAWYERS in Illinois who are age 40 or younger unless they have practiced for no more than 10 years. Any lawyer licensed in a given state who has proven to be of exceptional character and has conveyed outstanding aptitude for the practice of law in the early stage of their career may be nominated. Less than 2% of all lawyers licensed in each state have received the distinction of Emerging Lawyer.
SELECTION…Emerging Lawyers have been identified by their peers to be among the TOP LAWYERS in Illinois who are age 40 or younger unless they have practiced for no more than 10 years. Any lawyer licensed in a given state who has proven to be of exceptional character and has conveyed outstanding aptitude for the practice of law in the early stage of their career may be nominated. Less than 2% of all lawyers licensed in each state have received the distinction of Emerging Lawyer.
SELECTION CRITERIA FOR LAW BULLETIN'S EMERGING LAWYERS
Emerging Lawyers must be 40 or younger unless they have practiced for no more than 10 years. -
Award of Excellence
Decalogue Society of Lawyers
The Decalogue Award of Excellence is presented to attorneys who bring increased dignity and honor to the legal profession by, among other things, rendering useful community service or participating in worthy movements for the public welfare.
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Illinois Rising Star in Class Action Litigation
Super Lawyers and Chicago Magazines
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent…
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars.
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Double Chai in the Chi 2015: Chicago's 36 under 36 Jewish Professionals You Should Know
Jewish United Fund's Young Leadership Division and Oy! Chicago
Named to Chicago's fourth annual Jewish 36 under 36 list.
http://www.oychicago.com/36under36/bio36.aspx?id=26808&cid=20295 -
Girl Scout Gold Award
Girls Scouts of America
The Gold Award is the highest achievement within the Girl Scouts of the USA, earned by Senior and Ambassador Girl Scouts. Only 5.4% of eligible Girl Scouts successfully earn the Gold Award. I organized a Girls and Government conference for young women, introducing them to local elected officials and teaching them debate and other skills for active citizenship.
https://www.youracclaim.com/badges/384a7a8c-fe2b-425b-9484-9586423ee55f/linked_in_profile
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Join now to viewMore activity by Gail
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I represented Anti-Defamation League yesterday at a news conference we convened with the Chicago Urban League and more than a dozen civil rights…
I represented Anti-Defamation League yesterday at a news conference we convened with the Chicago Urban League and more than a dozen civil rights…
Liked by Gail Eisenberg
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Associates at this BigLaw firm can choose one of 3 billable-hour budgets. https://ow.ly/sNzi50UnSog #BigLaw #lawyerpay
Associates at this BigLaw firm can choose one of 3 billable-hour budgets. https://ow.ly/sNzi50UnSog #BigLaw #lawyerpay
Liked by Gail Eisenberg
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As a JUF YLD Board Member, I want to thank the more than 1,100 attendees, sponsors, and staff who made the 2024 Jewish United Fund BIG event…
As a JUF YLD Board Member, I want to thank the more than 1,100 attendees, sponsors, and staff who made the 2024 Jewish United Fund BIG event…
Liked by Gail Eisenberg
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Littler’s Steven J. Silver, Melinda Caterine, and Ellen Donovan McCann review #Maine’s paid family and medical leave program. #PaidLeave…
Littler’s Steven J. Silver, Melinda Caterine, and Ellen Donovan McCann review #Maine’s paid family and medical leave program. #PaidLeave…
Liked by Gail Eisenberg
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Great article from the NY Times about the misuse of arbitration agreements. From the article: "Can arbitration get its 1925 magic back? I think so…
Great article from the NY Times about the misuse of arbitration agreements. From the article: "Can arbitration get its 1925 magic back? I think so…
Liked by Gail Eisenberg
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Great Local Government Institute full day seminar. Loved presenting with Julie Tappendorf and loved co-moderating with Peter Friedman
Great Local Government Institute full day seminar. Loved presenting with Julie Tappendorf and loved co-moderating with Peter Friedman
Liked by Gail Eisenberg
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People News: Dolan Law, P.C. attorney Karen Munoz was appointed board secretary for the Illinois Lawyers' Assistance Program.
People News: Dolan Law, P.C. attorney Karen Munoz was appointed board secretary for the Illinois Lawyers' Assistance Program.
Liked by Gail Eisenberg
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People News: Clifford Law Offices managing director Erin E. Clifford will speak on “Successful Self-Care Strategies for Lawyers and Judges in the New…
People News: Clifford Law Offices managing director Erin E. Clifford will speak on “Successful Self-Care Strategies for Lawyers and Judges in the New…
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