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Justin D. Cummins

Justin D. Cummins

  • Employment Law, Civil Rights
  • Illinois, Minnesota, Wisconsin
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Claimed Lawyer Profile
Biography

I represent clients in a wide variety of labor & employment law, civil rights, and nonprofit law matters in Minnesota and across the Midwest. My work includes litigating client cases involving:
* Contract claims
* Whistleblower or other retaliation claims
* Pay claims
* Harassment claims
* False Claims Act or other fraud claims
* Leave claims
* Non-compete claims
* Fiduciary duty claims
* Mass layoff claims
* Unfair business practice claims
* Discrimination claims
* Benefits claims
* Constitutional claims
In addition to providing responsive, principled, and effective representation to clients regarding their claims, I develop the law in the public interest as amicus curiae counsel in high-profile cases.

Education
University of Minnesota Law School
J.D. (1997) | Law
University of Minnesota Law School Logo
University of Minnesota - Twin Cities
M.A. (1996) | Social Policy
University of Minnesota - Twin Cities Logo
Haverford College in Pennsylvania
B.A. (1992) | History
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Publications
Articles & Publications
The Employment Law 60: The 60 Cases Every Employment Lawyer Must Know Inside And Out
The National Labor Relations Act
Two Historic Legislative Sessions Yield Numerous Victories For Employee And Civil Rights Advocates
Minnesota Trial
Joint Employment Analysis: Who Is The Employer
Legal QuickSheet
Employees Have Won A String Of Important Minnesota Supreme Court Cases Since The Onset Of The COVID-19 Pandemic
Minnesota Trial
Anti-Discrimination, Anti-Retaliation, And Anti-Harassment Provisions Under Disability Law
The ADA Handbook: Practices Under Title I of the Americans with Disabilities Act, 2nd Edition
The Minnesota Supreme Court Endorses Progressive Action By Local Governments To The Benefit Of Employees
Minnesota Trial
A Positive Outlook for Minnesota Employees After The Mid-Term Elections
Minnesota Trial
Legislative Fix Regarding Minnesota's Whistleblower Law Continues To Benefit Plaintiffs And The Rule Of Law
Minnesota Trial
The Fight to Secure Workplace Fairness: A Case Study Of The Vital And Wide-Ranging Advocacy For MAJ Members And Their Clients
Minnesota Trial
The United States Supreme Court Does Not Impose Arbitration for Once, But Is That A Good Thing?
Minnesota Trial
A Brief Sampling Of Eighth Circuit Decisions Under Title VII Leading Up To The #MeToo Movement
Minnesota Trial
Defeating Employer Defamation Claims Against Employees
Minnesota Trial
"Right To Work" Is Still Wrong
Minnesota Trial
Anti-Retaliation Protections In The Workplace In 2017 And Beyond
Minnesota Trial
Effectively Addressing Workplace Bullying In The Wake Of The 2016 Presidential Election
Minnesota Trial
Judicial Control And Sanctions
Federal District of Minnesota Civil Practice Deskbook, 2nd Edition
Minnesota Supreme Court Upholds The Legislative Fix Of Minnesota's Whistleblower Law - To The Benefit Of Plaintiffs And The Rule Of Law
Minnesota Trial
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine
43 Mitchell Hamline L. Rev. 102
Positive Developments In The Law Of Protected Activity
Minnesota Trial
The Law Regarding Employer And Employee Identity As A Roadmap For More Effective Prosecution Of Work-Related Claims
The Prairie Barrister
The Value of Employer Record-Keeping Obligations For Plaintiffs In Employment And Civil Rights Cases
Minnesota Trial
Whistleblower Law Update
Minnesota Trial
Dispositive Motions In Civil Rights Cases: Supreme Court Addresses Overuse
Hennepin Lawyer
Jumping The Gun: The Increasing Use Of Pre-Employment Testing
Minnesota Trial
Looking Backward To Move Forward: A Plaintiff Attorney's View Of The ADA After 25 Years
Minnesota Lawyer
Supreme Court Rulings Clarify The Legal Standard For Motions To Dismiss And For Summary Judgment - In Ways That Favor Plaintiffs
Minnesota Trial
The Significant Expansion Of Rights And Remedies Under State Law For Public Employees
Minnesota Trial
A Primer On Employment Rights And Responsibilities Of Military Personnel
Minnesota Trial
A Study In Contrasts In Civil Rights Cases
Minnesota Trial
Causation After Nassar: Merely The Straw That Broke The Camel's Back
Minnesota Lawyer
Effectively Responding To The Buyer's Remorse Of Employers In The Arbitral Forum
Minnesota Trial
Judicial Control And Sanctions
Federal District of Minnesota Civil Practice Deskbook
The National Labor Relations Act
The Employment Law 60: The 60 Cases Every Employment Lawyer Must Know Inside And Out
The Rapidly Evolving Law Governing Employment-Related Expression
Minnesota Trial
The Sky Is Definitely Not Falling On Plaintiffs In Retaliation Cases
Minnesota Trial
Anti-Discrimination, Anti-Retaliation, And Anti-Harassment Provisions Under Disability Law
The ADA Handbook: Employment Practices Under Title I of the Americans with Disabilities Act
Legislative Action Promoting Fairness At Work
Minnesota Trial
Successfully Overcoming Employers' Scorched-Earth Defense Tactics
Minnesota Trial
The Intersection Of Social Media And Employee Rights In The Workplace
Minnesota Trial
Where We Go From Here In Harassment Cases: A Plaintiff Counsel's Perspective
Minnesota Trial
Effectively Defending Against Employer Non-Compete Lawsuits
Minnesota Trial
It Is The Best Of Times: It Is The Worst Of Times: A Comparative Analysis Of Retaliation Claims Under Federal And State Law And Related Strategies For Counsel
Minnesota Trial
Missing The Mark: The Typical Pursuit Of Duty-Of-Fair-Representation Claims Against Unions To Address Workplace Problems
Minnesota Trial
Overcoming Obstacles To Prosecuting Employment Discrimination Claims In The 21st Century
Inside The Minds: Representing Employees In Discrimination Cases
Why "Right To Work" Is Wrong
Minnesota Trial
Debunking The Myth That Rule 12 Is The New (Misapplied) Rule 56: An Analysis Of How The Courts Have Actually Interpreted Ashcroft v. Iqbal
The Employee Advocate
Enforcing The WARN Act In The Shadow Of The Great Recession
Minnesota Trial
Jiujitsu Techniques In Employment Matters: Using Litigation Overreach By Companies To The Advantage Of Employees
Minnesota Trial
Recovering Attorney's Fees And Litigation Costs Incurred During The Prosecution Of Employment And Other Civil Rights Cases
Minnesota Trial
The Promise Of The Minnesota Human Rights Act Denied: Kreuger v. Zeman Construction Company
4 Wm. Mitchell J.L. & Prac. 4
Hot Public Sector Employment Issues Amidst The Great Recession
Minnesota Trial
Litigating Motions To Amend Under Rules 14 And 15 In Civil Rights And Employment Cases
Minnesota Trial
Successfully Procesuting Employment And Civil Rights Cases On Behalf Of Immigrants
Minnesota Trial
Understanding And Applying The Governing Legal Standard In Harassment Cases
Minnesota Trial
A New Day For The ADA: How The ADA Amendments Act Restores Accessibility To Justice
Minnesota Trial
Effectively Handling Improper Deposition Tactics In Employment And Civil Rights Cases
Minnesota Trial
Legal Strategies For Curbing Litigation Abuse Of Plaintiffs In Employment And Civil Rights Cases
Minnesota Trial
The Human Rights Case For Employee Free Choice
The Union Advocate
The Viability Of Notice Pleading And The Right To Trial After The Supreme Court Decisions In Iqbal And Gross
Minnesota Trial
E-Discovery Of Other-Acts Evidence: A Case Study In Procuring Critical Records In Employment And Other Civil Rights Cases
Minnesota Association for Justice
Exit Frying Pan, Enter Fire: When Releases Of Employment And Civil Rights Claims Make Matters Worse
Minnesota Trial
The Law Against Harassment And The Law Against Retaliation
Employment Law Handbook, 5th Edition
The Supreme Court's Employment Law Trilogy: Legal And Practical Implications
Minnesota Trial
Winning The Corporate Shell Game In Employment Litigation
Minnesota Trial
Effective Legal Strategy And Litigation Tactics In The Wake Of Desert Palace v. Costa
Minnesota Trial Lawyer
Successfully Opposing Discovery of Plaintiffs' Medical Records In Employment And Civil Rights Cases
Minnesota Association for Justice
ERISA Reform In A Post-Enron World
39 J. Marshall L. Rev. 563
Invigorating Labor: A Human Rights Approach In The United States
19 Emory Int'l L. Rev. 1
Ninth Circuit Ruling In Title VII Case: A Win For Undocumented Workers
The Employee Advocate
Taking The Fork In The Road
29 Wm. Mitchell L. Rev. 1069
Housing Matters: Why Our Communities Must Have Affordable Housing
28 Wm Mitchell L. Rev. 197
La mediacion del conflicto constitucional entre la liberated y la igualdad: lo que tenemos que hacer acerca de la expresion de odio
3 Rev. Jur. Palermo 149
Refashioning The Disparate Treatment And Disparate Impact Doctrines In Theory And In Practice
41 Howard L.J. 455
Recasting Fair Share: Toward Effective Housing Law And Principled Social Policy
14 Law & Ineq. 339
Speaking Engagements
Most significant labor & employment law cases in the past decade
Minnesota CLE Conference
Best practices for effective litigation of labor law claims
Minnesota CLE Conference
Developments in civil rights and employment law as well as the successful litigation of joint employment and employee classification cases
Employment Law Institute
Discrimination, retaliation, and harassment claims under the Americans with Disabilities Act and the Minnesota Human Rights Act
Minnesota CLE
Legal, strategic, and practical significance of recent Supreme Court opinions for labor & employment law and civil rights going forward
Labor & Employment Law Institute
Best practices for successfully handling discrimination, harassment, and retaliation cases while accounting for implicit bias
Eighth Circuit NELA Conference
Developments in civil rights and employment law and related litigation strategy and tactics
Employment Law Institute
The nature and extent of pay disparities as well as the policy and legal strategies for remedying all current and preventing any future disparities
Labor & Employment Law Institute
The latest developments in the litigation of discrimination, harassment, and retaliation claims
Minnesota CLE
Rights and responsibilities under employment law as compared to labor law
Minnesota CLE
Best practices for successfully prosecuting whistleblower claims under Federal and State law and for pursuing other retaliation claims under labor, employment, and civil rights statutes
Employment Law Institute
Developments in civil rights and employment law and related litigation strategy and tactics
Employment Law Institute
Workplace protections and related employment and civil rights issues in the context of the ongoing pandemic
Minnesota CLE
Current employment rights and responsibilities under State law
Minnesota Collaborative Justice Project
Federal Court developments in employment and civil rights law
Employment Law Institute
Best practices for successfully prosecuting whistleblower claims under Federal and State law and for pursuing other retaliation claims under labor, employment, and civil rights statutes
Labor & Employment Law Institute
Legal strategies and tactics concerning interest arbitration in the context of recent Supreme Court decisions
Public Sector Labor & Employment Law Institute
Litigating employment and civil rights claims on behalf of immigrants
Federal Bar Association
Key cases under employment and civil rights law over the past year
Employment Law Institute
Workplace rights and responsibilities for employees under Federal and State law when using social media
Minnesota CLE Conference
Developments in harassment, discrimination, and retaliation law
Minnesota CLE Conference
Outlook for labor & employment law and litigation in light of recent Supreme Court decisions, judicial and enforcement agency appointments, and the mid-term elections
Labor & Employment Law Institute
Representing immigrant employees in civil rights and employment cases
Minnesota CLE Conference
Latest developments in employment and civil rights law as well as best practices under the ethical rules when prosecuting employment and civil rights cases
Employment Law Institute
Presentation on effectively prosecuting joint employment and employee misclassification cases
Employment Law Institute
Presentation on effectively prosecuting joint employment and employee misclassification cases
National Employment Lawyers Association Convention
Presentation on workplace rights and responsibilities concerning social media usage
School Law Institute
Presentation on best practices for litigating retaliation claims in Federal and State court
Labor & Employment Law Institute
Effectively identifying and successfully prosecuting joint employment and employee misclassification claims
Employment Law Institute
Developments in social media and anti-retaliation law
Business Law Institute
Rights and responsibilities of whistleblowers and employees using social media
Minnesota CLE
Presentation on effective legal strategies and litigation tactics for prosecuting employment and civil rights claims on behalf of immigrant employees
National Employment Lawyers Association Conference
Federal Court developments in employment and civil rights law
Employment Law Institute
Employee misclassification, joint employment, and other cutting-edge issues in employment and civil rights litigation
Curtis L. Carlson School of Management
Developments in Federal and State whistleblower law
Minnesota CLE Conference
Legal strategy and litigation tactics in light of recent Supreme Court decisions regarding dispositive motions
Minnesota CLE Conference
Advocacy and political leadership
Metropolitan State University
How best to litigate employee misclassification and joint employer cases
Labor & Employment Law Institute
Federal Court developments in employment and civil rights law
Employment Law Institutes
Workplace rights, union organizing, and social media
University of Minnesota Labor Education Service
The best legal strategies and litigation tactics when representing low-wage and immigrant workers
National Employment Lawyers Association Conference
Investigating and litigating wage, retaliation, discrimination, and harassment cases
Minnesota Legal Services Coalition
Judicial control of Federal court litigation and sanctions
Minnesota CLE Conference
The application of the National Labor Relations Act to all workplaces
Minnesota CLE Conference
Effectively prosecuting employment and civil rights claims concerning immigrant plaintiffs
Minnesota Association for Justice
Federal Court developments in employment and civil rights law
Employment Law Institutes
The relationship between labor law and employment law enforcement activity
Curtis L. Carlson School of Management
Legal strategies and policy initiatives to address wage theft by employers
AFL-CIO
Prosecuting retaliation claims in wage cases
National Employment Lawyers Association Conference
The implications of the recently enacted marriage-equality law for workplace rights
Minnesota State Bar Association Conference
The application of Constitutional and statutory provisions to employee use of social media
Minnesota CLE Conference
Substantive and procedural issues involved in representing immigrants
Minnesota State Bar Association Conference
Labor and employment law issues arising on public and private construction projects
Minnesota State Bar Association Conference
The civil rights dimensions of using criminal background checks to screen potential employees
Minnesota Department of Human Rights
The practical impact of the Congressional amendments to the Americans with Disabilities Act
Minnesota CLE Conference
The recent amendments to State employment laws and the related legal strategies for counsel
Labor & Employment Law Institute
Developments in Federal employment and civil rights law
Employment Law Institute
Overcoming scorched-earth litigation tactics of defendants in civil rights and employment cases
Employee Rights Institute For Law & Policy Conference
The interaction between labor law and civil rights law
Curtis L. Carlson School of Management Seminar
Efficient use of e-discovery in litigation
Minnesota State Bar Association Conference
Labor law for employment attorneys
Minnesota CLE Conference
Litigating age-discrimination claims in the wake of the new rules promulgated by the EEOC
Minnesota CLE Conference
Developments in harassment law and related best practices pre- and post-suit
Labor & Employment Law Institute
Legal strategies and litigation tactics in disability discrimination cases as well as the basics in union organizing
Employment Law Institute
How to avoid arbitration of employment claims and, when not possible, how to arbitrate employment claims successfully
Eighth Circuit NELA Conference
Effectively handling grievance arbitrations
American Arbitration Association Conference
Prosecuting disability claims under Federal and State employment and housing statutes
William Mitchell College of Law Seminar
Proposed Constitutional amendment concerning labor rights
University of Minnesota Law School Forum
Legal protections from sex harassment and other workplace abuses
Mexican Consulate Forum
Advanced legal and strategic topics concerning retaliation under Federal and State law
Labor & Employment Law Institute
Application of Iqbal in Federal and State courts
Hennepin County District Court Conference
Legal developments and litigation tactics regarding pleading standards, e-discovery, successor liability, social-networking media, and the use of expert witnesses
Employment Law Institute
Developments in labor law, legislation, and litigation
Curtis L. Carlson School of Management Seminar
Labor rights as human rights
University of St. Thomas Business School Seminar
Developments in sex harassment law for EEOC and MDHR staff
Minnesota State Bar Association Conference
The intersection of ERISA requirements and ADA protections
Labor & Employment Law Institute
The most cutting-edge legal developments and strategies for litigators in employment and civil rights cases
Employment Law Institute
Effectively defeating dispositive motions under the Supreme Court's recent rulings in Iqbal and Gross as well as creative strategies for prosecuting employment and civil rights claims under State law
Eighth Circuit NELA Conference
Using the international human rights regime for more effective advocacy on behalf of employees in the United States
University of Minnesota Labor Education Service
Domestic implementation of internal human rights law
National Lawyers Guild Conference
Using State law to prosecute civil rights claims effectively
Minnesota NELA Conference
Enforcing human rights and civil rights laws on behalf of immigrants
Minnesota Department of Human Rights Conference
Prosecuting employment and civil rights claims at the intersection of immigration law
Minnesota CLE Conference
Legal and tactical significance of recent United States Supreme Court rulings for labor and employment practitioners
Labor & Employment Law Institute
Enforcement of prevailing-wage laws
Hennepin County Attorney's Office Conference
Litigation of disability discrimination claims under the Congressional amendments to the Americans with Disabilities Act
Employment Law Institute
Civil rights and immigration law issues
American Immigration Lawyers Association Conference
Successfully litigating retaliation claims in light of recent Supreme Court decisions
National Employment Lawyers Association Conference
Effective legal strategy and litigation tactics in representing immigrants in civil rights and employment cases
Minnesota NELA Conference
National origin, race, and religion discrimination and harassment issues in the workplace
Minnesota CLE Conference
How best to manage an employment law practice
Minnesota CLE Conference
Legal and practical implications of recent Supreme Court decisions
Labor & Employment Law Institute
Legal and ethical barriers to obtaining effective releases of employment claims
Employment Law Institute
Efficiently using electronic discovery and other litigation tactics
Eighth Circuit NELA Conference
Effectively representing immigrant workers at the intersection of immigration and employment law
Eighth Circuit NELA Conference
The interaction between labor law and employment law in protecting union and non-union employees
Curtis L. Carlson School of Management Seminar
Employment and civil rights implications of changes in immigration-enforcement policies and practices
American Immigration Lawyers Association Conference
Using international human rights law to address housing discrimination and affordable housing shortages
National Law Center Conference
Recent retaliation case law and related analysis
Minnesota State Bar Association Conference
Discrimination, harassment, and retaliation claims in a post-9/11 world
Minnesota Human Rights Center Conference
Developments in immigration and employment law
Minnesota CLE Conference
Cutting-edge legal issues in electronic discovery
Labor & Employment Law Institute
Hot topics in employment law and litigation
Hennepin County Bar Association Conference
Discoverability of medical records and the availability of independent medical examinations in employment and civil rights cases
Labor Law Institute
Litigation of human trafficking and other cutting-edge issues pertaining to immigrant workers
Employment Law Institute
Developments in the Supreme Court's retaliation jurisprudence
University of Minnesota Law School Seminar
The relevance of civil rights and wage-and-hour laws in labor organizing campaigns
University of Minnesota Labor Education Service
Labor-law liability in both union and non-union workplaces
Minnesota CLE Conference
Legislative reforms for addressing the procedural and substantive deficiencies of ERISA
John Marshall School of Law Symposium
Legal strategies for using international human rights law to address workplace abuses in the United States
Human Rights Law & Policy Conference
Comparative rights of immigrants under civil rights and labor statutes
Hennepin County Bar Association Conference
Cutting-edge issues in ERISA litigation
Employment Law Institute
Housing discrimination and impediments to affordable housing access
College of St. Catherine Seminar
Ethical issues underlying impact litigation pursued on behalf of individual civil rights claimants
University of Minnesota Law School Seminar
Theoretical and practical implications of globalization and the expansion of the human rights regime
Society of American Law Teachers Conference
Legal strategies to maximize damages awards in employment cases
Minnesota Trial Lawyers Association Conference
Hot topics at the interface of immigration law and employment law
Minnesota State Bar Association Conference
Intersection of labor, employment, and immigration law
Labor & Employment Law Institute
Hot topics in employment law and litigation
Hennepin County Bar Association Conference
Fair housing jurisprudence and tactics for successfully prosecuting housing discrimination cases
Fair Housing Association of Connecticut Conference
Cutting-edge legal issues in civil rights litigation
Hennepin County Bar Association Conference
How to use international human rights doctrine in Federal courts to prosecute labor and civil rights violations occurring in the United States
Emory University School of Law Symposium
Legal framework for promoting equality in the United States
Connect/US-Russia Seminar
Civil rights and hate speech
College of St. Catherine Seminar
Employment discrimination law
College of St. Catherine Seminar
Legal developments and successful litigation tactics in the fair housing area
Minnesota Trial Lawyers Association Conference
Effective legal strategies after the Supreme Court's landmark ruling in Desert Palace v. Costa
Minnesota NELA Conference
Effective responses to the "direct threat" defense in disability-discrimination cases
Minnesota Department of Human Rights Conference
Impediments to equal housing opportunities
Hubert H. Humphrey Institute of Public Affairs Seminar
The ethics of hate-speech regulation
College of St. Catherine Seminar
The conflict between the Constitutional principles of liberty and equality
College of St. Catherine Seminar
Discriminatory dimensions of the affordable housing crisis
William Mitchell College of Law Seminar
Regional planning and legal duties concerning the provision of affordable housing
University of St. Thomas Law School Seminar
Rights and responsibilities under anti-discrimination laws
U.S. Equal Employment Opportunity Commission Seminar
Civil rights and ethics in the United States
College of St. Catherine Seminar
Civil rights issues in the workplace
Curtis L. Carlson School of Management Seminar
School segregation and educational inadequacy
University of Minnesota Law School Seminar
Certifications
MSBA Board Certified Labor & Employment Law Specialist
MSBA
Awards
Top 100
Super Lawyers Magazine
Best Lawyers in America
U.S. News & World Report
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Fellow
College of Labor and Employment Lawyers
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Lifetime Achievement
America's Top 100 Attorneys
Top Lawyer
Minneapolis St. Paul Magazine
Top Attorney of North America
Who's Who - Top Professionals
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Karla R. Wahl Dedication Advocacy Award
National Employment Lawyers Association - Minnesota Chapter
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Top Lawyer
Minneapolis St. Paul Magazine
Labor & Employment Law Section Leadership Award
Minnesota State Bar Association
Top Young Lawyer
Minneapolis St. Paul Magazine
Top Young Attorneys
Minnesota Law & Politics Magazine
Community Builder Award
Aeon
Super Lawyer
Superlawyers
Attorney of the Year
Minnesota Lawyer
Professional Associations
AFL-CIO Union Lawyers Alliance
Member
Current
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American Association for Justice
Member
Current
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National Employment Lawyers Association
Past Eighth Circuit Board Officer
Current
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National Lawyers Guild
Member
Current
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Minnesota Association for Justice
Amicus Committee Member
Current
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Minnesota State Bar Association, Labor & Employment Law Section
Past Chair
Current
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Hennepin County Bar Association, Labor & Employment Law and Civil Litigation Sections
Member
Current
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American Constitution Society
Advisory Board Member
Current
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Jurisdictions Admitted to Practice
Illinois
Supreme Court of Illinois
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Minnesota
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Wisconsin
Wisconsin Court System
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8th Circuit
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U.S. Supreme Court
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Fees
  • Free Consultation
Practice Areas
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Civil Rights
Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Websites & Blogs
Website
Website
Blog
Contact & Map
920 Second Avenue South
Suite 1245
Minneapolis, MN 55402
Telephone: (612) 465-0108
Fax: (612) 465-0109
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