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List of Forms by Chapter - Chapter 1 — Severance Pay Plans and Arrangements
- I. [1.1] Introduction
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II. Application of ERISA to Severance Arrangements - [1.2] In General
- Which Severance Pay Arrangements Are “Employee Benefit Plans” Subject to ERISA?
- [1.3] Is There an Ongoing Administrative Scheme?
- [1.4] One-Person Severance Arrangements
- [1.5] Is the Severance Arrangement Related to a Plan Subject to ERISA?
- [1.6] Consequences of a Severance Plan Being Subject to ERISA
- General Design and Structuring Considerations
- [1.7] Designing the Plan Out of ERISA
- [1.8] ERISA Plans for a Broad-Based Group Must Be “Welfare Plans”
- [1.9] ERISA Plans for a “Top Hat” Group May Be “Pension Plans”
- [1.10] Structuring a Severance Plan as a “Welfare Plan”
- Structuring Cutbacks of Existing Severance Benefits
- [1.11] Amending Severance Pay Plans To Cutback Benefits
- [1.12] Cutting Back Severance Benefits Just Prior to Downsizing
- [1.13] Notice to Employees of Severance Benefit Cutbacks
- [1.14] Court Decisions on the Operations of Severance Pay Plans Subject to ERISA
- [1.15] Severance Pay Is Generally Not Used in Determining Retirement Plan Benefits
- III. Avoiding Tax Traps Under the Internal Revenue Code
- [1.16] Compliance With Internal Revenue Code §409A
- Structuring Severance Pay That Is Exempt From Internal Revenue Code §409A
- [1.17] Paying No More Than $20,500 (Indexed for Years After 2022)
- [1.18] Paying Everything by March 15 of the Next Year
- [1.19] Paying Upon “Involuntary Separation,” Limited in Amount and Timing
- [1.20] Paying Under “Window Period” Plan, Limited in Amount and Timing
- [1.21] Paying Collectively Bargained Separation Pay
- [1.22] Special Rules for Tax-Exempt Employers: Internal Revenue Code §457(f)
- IV. Incentivizing Employees to Retire Early
- Avoiding Federal Age Discrimination Claims
- [1.23] Affirmative Defense for a “Voluntary Early Retirement Incentive Plan”
- [1.24] Is the Plan Bona Fide?
- [1.25] Is the Plan Voluntary?
- [1.26] Are the Features of the Plan Consistent with the Purposes of the Age Discrimination in Employment Act of 1967?
- [1.27] Is the Plan a Subterfuge?
- [1.28] Selection of Employees Eligible for Early Retirement Incentives
- [1.29] Funding Early Retirement Incentives with Pension Plan Assets
- [1.30] Duty To Notify of Anticipated Early Retirement Incentives
- [1.31] Coordination with Ongoing Severance Pay Programs
- V. Conditioning Severance Benefits on Releases of Claims
- VI. [1.35] Mistakes Happen: Curing Them Through Reformation
- Chapter 2 — Pleadings, Discovery, and Settlement: Checklists and Forms
- I. [2.1] Introduction
- II. Pleadings
- [2.2] Complaint
- Checklist of Preliminary Considerations
- [2.3] Plaintiff Interview
- [2.4] Other Witness Interviews
- [2.5] Research
- [2.6] Documents
- [2.7] Forum Selection
- [2.8] Administrative Prerequisites
- [2.9] Attorneys’ Fees
- Checklist for Drafting Complaint
- [2.10] State and Federal Rules
- [2.11] Elements of Complaint
- Sample State Court Complaints
- [2.12] Sample complaint for breach of contract, retaliatory discharge, and defamation
- [2.13] Sample complaint seeking relief under Illinois Human Rights Act
- [2.14] Sample Federal Court Complaint
- Answer
- Checklist of Preliminary Considerations
- [2.15] Insurance Coverage
- [2.16] Legal Validity of Claims
- [2.17] Removal to Federal Court
- [2.18] Witness Interviews and Documents
- Checklists for Drafting Answer
- [2.19] State and Federal Rules
- [2.20] Admissions and Denials
- [2.21] Affirmative Defenses
- [2.22] Sample Answer to Complaint
- [2.23] Counterclaim
- [2.24] Reply
- [2.25] Motions in Lieu of Answer
- [2.26] Motion for Bill of Particulars or More Definite Statement
- Motions To Dismiss
- [2.27] Federal Court
- [2.28] State Court
- [2.29] Motions for Summary Judgment
- III. [2.30] Discovery
- [2.31] Plaintiff’s Discovery
- [2.32] Initiating Discovery
- [2.33] Sample Checklist of Subjects To Be Covered by Plaintiff During Discovery
- [2.34] Sample Interrogatories
- [2.35] Sample Request for Production of Documents
- [2.36] Requests for Admissions of Fact
- [2.37] Defendant’s Discovery
- [2.38] Initiating Discovery
- [2.39] Sample Checklist of Subjects To Be Covered by Defendant During Discovery
- [2.40] Sample Interrogatories
- [2.41] Sample Request for Production of Documents
- [2.42] Sample Request for Admissions of Fact
- IV. [2.43] Settlement
- Chapter 3 — Employment Torts
- I. Introduction
- II. Causes Typically Arising from Recruiting/Hiring Process
- [3.5] Promissory Estoppel
- [3.6] Elements of the Case
- [3.7] Unambiguous Promise
- [3.8] Reasonable Reliance on Promise to Plaintiff’s Detriment when Reliance Was Foreseen or Foreseeable
- [3.9] Defenses
- [3.10] Fraud
- [3.11] Fraudulent Misrepresentation — Elements of the Case
- [3.12] False Statement of Material Fact
- [3.13] Made with Knowledge of Falsity
- [3.14] Plaintiff Acts in Reasonable Reliance on the Truth of the Statement
- [3.15] Plaintiff Suffers Damages as a Result of Reliance
- Negligent Misrepresentation
- [3.16] In General
- [3.17] Elements of the Case
- [3.18] Tortious Interference with Contractual Relationship
- [3.19] Existence of Enforceable Contract
- [3.20] Intentional and Unjustified Inducement
- [3.21] Tortious Interference with Prospective Business/Economic Advantage
- [3.22] Tortious Interference with Employment Expectancy
- III. Causes Typically Arising from Job Discipline or Performance
- [3.23] General Theories of Negligent Hiring, Retention, Supervision, Training, or Entrustment
- [3.24] Negligent Hiring
- [3.25] Negligent Retention
- [3.26] Negligent Supervision
- [3.27] Negligent Training
- [3.28] Negligent Entrustment
- Intentional Infliction of Emotional Distress
- [3.29] Elements of the Case
- [3.30] Defenses
- [3.31] Statute of Limitations
- IV. Causes Typically Arising from Implementing Termination Decisions
- [3.32] Retaliatory or Wrongful Discharge
- [3.33] Elements of Retaliatory-Discharge Case
- [3.34] Causation
- [3.35] Pretext
- [3.36] Public Policy
- [3.37] Defense: Unclean Hands
- [3.38] Defamation
- [3.39] Elements of the Case
- Defenses
- [3.40] Innocent-Construction Rule
- [3.41] Opinion
- [3.42] Qualified Privileges
- [3.43] Truth
- [3.44] Investigation
- [3.45] Fair-report privilege
- [3.46] Absolute Privileges
- [3.47] Statute of Limitations
- V. Torts Potentially Arising from Theft/Embezzlement Scenarios
- [3.48] False Imprisonment
- [3.49] Elements of the Case
- [3.50] Restraint of Liberty
- [3.51] Caused by Defendant
- [3.52] Without Probable Cause or Reasonable Grounds
- Defenses
- [3.53] Consent
- [3.54] Existence of Probable Cause
- [3.55] Merchant’s Defense
- [3.56] Malicious Prosecution
- [3.57] Elements of the Case
- [3.58] Commencement of Original Proceeding by Defendant
- [3.59] Termination of Proceeding in Favor of Plaintiff
- [3.60] Probable Cause
- [3.61] Malice
- Damages
- [3.62] When underlying case is criminal case, special injury not required
- [3.63] When underlying case is civil case, special injury required
- Defenses
- [3.64] Factual Defense
- [3.65] Advice of Counsel
- [3.66] Invasion of Privacy
- [3.67] Intrusion upon Seclusion
- [3.68] Public Disclosure of Private Facts
- [3.69] Actual or Implied Consent as Defense to Privacy Torts
- [3.70] Considerations with Social Media
- VI. Common Tort Defenses
- VII. [3.74] Conclusion
- Chapter 4 — Employment Discrimination and Discharge
- I. Statutory Overview
- [4.1] In General
- [4.2] State Sovereign Immunity
- [4.3] Title VII of the Civil Rights Act of 1964
- [4.4] Racial Discrimination
- [4.5] Religious Discrimination
- [4.6] National Origin Discrimination
- [4.7] Sex Discrimination
- [4.8] Sexual Orientation
- [4.9] Transgender Rights
- [4.10] Civil Rights Act of 1991
- [4.11] Age Discrimination in Employment Act of 1967; Older Workers Benefit Protection Act
- [4.12] Rehabilitation Act of 1973
- [4.13] Americans with Disabilities Act of 1990; ADA Amendments Act of 2008; Genetic Information Nondiscrimination Act of 2008
- [4.14] Equal Pay Act
- [4.15] Executive Orders
- [4.16] 42 U.S.C. §1983
- [4.17] Veterans’ Rights
- [4.18] Pregnancy Discrimination Act
- [4.19] Family and Medical Leave Act
- [4.20] Illinois Human Rights Act
- [4.21] Illinois Equal Pay Act of 2003
- [4.22] City of Chicago and Cook County Human Rights Ordinances
- [4.23] Tort Claims — Retaliatory Discharge
- II. Models of Proof
- [4.24] In General
- [4.25] Disparate Impact
- [4.26] Prima Facie Case
- [4.27] Employer Burden
- [4.28] Disparate Treatment
- [4.29] Prima Facie Case
- [4.30] Employer’s Showing and Plaintiff’s Rebuttal Opportunity
- [4.31] Pretext
- [4.32] Separation of the “Direct” and “Indirect” Standards
- [4.33] Role of Intent
- [4.34] Accommodation
- [4.35] Prima Facie Case for Discrimination Based on Disability
- [4.36] Employer’s Burden
- [4.37] Retaliation
- [4.38] Bona Fide Occupational Qualification Defense
- [4.39] Mixed-Motive Cases
- [4.40] Harassment
- III. Types of Evidence
- IV. Remedies
- V. Administrative Framework
- VI. Administrative Procedure
- [4.58] Employers Subject to Title VII
- Timing Requirements — General Rule
- [4.59] Title VII and the Americans with Disabilities Act
- [4.60] Timely Federal Filings and Equitable Defenses
- [4.61] Equal Pay Act
- [4.62] Americans with Disabilities Act
- [4.63] Rehabilitation Act
- [4.64] 42 U.S.C. §1983
- [4.65] Tort Actions
- [4.66] Timing Requirements in Deferral States
- [4.67] State Filings in Other Circuits
- [4.68] Timing Requirements for Age Cases
- [4.69] Illinois Department of Human Rights
- [4.70] Timely State Filings
- [4.71] Work-Sharing Agreements
- [4.72] State Procedure Following the Charge
- [4.73] Charges and Responses Before the Illinois Department of Human Rights
- [4.74] Role of the Investigator
- [4.75] Investigator’s Report
- [4.76] Department Action on Investigator’s Recommendation
- [4.77] Conciliation
- [4.78] Complaint
- [4.79] Individual Filings and Timeliness
- [4.80] Service
- [4.81] Discovery
- [4.82] Hearing
- [4.83] Review by Commission
- [4.84] Equal Employment Opportunity Commission Procedure
- [4.85] Private Right of Action Under Title VII
- Chapter 5 — Plant Closings and Reductions in Force
- I. [5.1] Scope of Chapter
- II. Plant Closings and Reductions in Force
- [5.2] In General
- [5.3] Plant Closings
- [5.4] Federal Worker Adjustment and Retraining Notification Act
- [5.5] Employers Subject to the Worker Adjustment and Retraining Notification Act
- [5.6] Employees Covered by the Worker Adjustment and Retraining Notification Act
- [5.7] When Notice Is Required
- [5.8] Exceptions to the Notice Requirement
- [5.9] Reduction of the Notice Period
- [5.10] Employees to Whom Notice Must Be Given
- [5.11] Contents of a Worker Adjustment and Retraining Notification Act Notice
- [5.12] Cause of Action and Liability Under the Worker Adjustment and Retraining Notification Act
- [5.13] Illinois Worker Adjustment and Retraining Notification Act
- [5.14] Reductions in Force
- III. [5.15] Age Discrimination in Employment Act of 1967
- IV. Age Discrimination in Employment Act of 1967 Standards in Reduction in Force Cases
- V. Practical Suggestions and Considerations
- Chapter 6 — Retaliatory Discharge – The Public Policy Doctrine
- I. [6.1] Introduction
- II. [6.2] The Whistleblower Act, Its Development, and Its Impact on the Retaliatory Discharge Tort
- III. [6.3] Review of Elements of Common-Law Retaliatory Discharge
- Requirement of Actual Discharge
- [6.4] Actual Discharge Required
- [6.5] What Qualifies as an Actual Discharge?
- [6.6] Causal Connection Between Discharge and Protected Conduct
- [6.7] Public Policies
- [6.8] General Standards To Determine Whether a Public Policy Supports a Retaliatory Discharge Claim
- [6.9] Decisions Examining Public Policies After Turner
- [6.10] Taxonomy of Public Policies Sufficient To Support Retaliatory Discharge
- [6.11] Reporting of Criminal Activity
- [6.12] Policies Affecting Health and Safety vs. Social or Economic Regulations
- [6.13] Public vs. Individual Grievances
- [6.14] Factors Based on the Conduct of the Plaintiff
- [6.15] Statutory vs. Judicial Law
- [6.16] Federal vs. State Law
- [6.17] Internal and External Whistleblowers
- [6.18] Health and Safety
- [6.19] Trade Regulations
- [6.20] Professional Ethics
- [6.21] Civil Duties
- [6.22] Employee Statutory Rights
- [6.23] Implying Private Right of Action
- [6.24] Laws That Provide Express Cause of Action
- [6.25] Laws Protecting Only Individual Rather than Public Rights
- [6.26] Workers’ Compensation
- [6.27] Individual Rights
- [6.28] Employee Good-Faith Issue
- IV. Preemption
- V. Other Issues
- VI. [6.41] Appendix — List of Retaliatory Discharge Questions
- Chapter 7 — Employee Plan Issues Arising in Individual Employment Terminations
- I. Introduction
- II. Wrongful-Discharge Claims Under the Employee Retirement Income Security Act
- [7.7] Section 510 of the Employee Retirement Income Security Act
- [7.8] Plan Is Not a Proper Party
- [7.9] Standing: Generally Requires a Participant or Beneficiary in a Plan
- [7.10] Preemption of State Claims for Conduct Within the Scope of §510
- [7.11] Conduct That May Trigger a §510 Claim
- [7.12] Employment Termination
- [7.13] Threats of Violence
- [7.14] Eliminating Benefits by Discharging Workers
- [7.15] Internal Complaints
- Conduct Courts Have Held To Be Not Covered by §510
- [7.16] Amending the Plan To Discriminate Against a Person or a Group
- [7.17] Not Rehiring a Former Employee
- [7.18] Not Firing an Employee
- [7.19] Hiring a Temporary Employee
- [7.20] Misrepresenting an Employee’s Duties
- [7.21] Misclassifying an Employee as an Independent Contractor
- [7.22] Conspiracy To Interfere with the Attainment of Benefits Under the Employee Retirement Income Security Act
- [7.23] Voluntary Resignation
- Proving Up the Case
- [7.24] Plaintiff Must Show Specific Intent To Interfere
- [7.25] Method To Prove Improper Interference
- Burden-Shifting Approach for Circumstantial Evidence
- [7.26] Plaintiff’s Prima Facie Case
- [7.27] Defendant’s Reason for the Employment Action
- [7.28] Is the Defendant’s Reason a Pretext?
- [7.29] Exhaustion of Administrative Remedies
- [7.30] Statute of Limitations
- What Remedies May Be Awarded?
- [7.31] Injunctions and Appropriate Equitable Relief
- [7.32] Restitution
- [7.33] Reinstatement of Employment
- [7.34] Front Pay in Lieu of Reinstatement
- [7.35] Backpay
- [7.36] Remedies After the Supreme Court’s Decision in Amara
- III. Wrongful Discharge Claims Relating To Employee Plans Under the Age Discrimination in Employment Act and the Americans with Disabilities Act
- IV. Continuation Coverage Under the Consolidated Omnibus Budget Reconciliation Act
- [7.41] Overview
- [7.42] Treasury Regulations
- [7.43] Group Health Plans Covered By the Consolidated Omnibus Budget Reconciliation Act
- [7.44] Employees Entitled to Elect Coverage Under the Consolidated Omnibus Budget Reconciliation Act
- [7.45] Definition of an Employee
- [7.46] Definition of a Covered Employee
- [7.47] Employment-Related Qualifying Events
- [7.48] Loss of Coverage
- [7.49] Duration of Coverage Under the Consolidated Omnibus Budget Reconciliation Act
- Employee Gross Misconduct Exception to Offering Coverage Under the Consolidated Omnibus Budget Reconciliation Act
- [7.50] Definition of “Gross Misconduct”
- [7.51] Rights of Employee’s Dependents
- [7.52] Employer’s Burden To Establish Gross Misconduct
- Providing Notice of Election Rights upon Eligibility Under the Consolidated Omnibus Budget Reconciliation Act
- [7.53] When Notice of Rights Under the Consolidated Omnibus Budget Reconciliation Act Is To Be Provided
- [7.54] Obligation To Provide Notice of Rights Under the Consolidated Omnibus Budget Reconciliation Act
- [7.55] Method of Providing Notice of Rights Under the Consolidated Omnibus Budget Reconciliation Act
- [7.56] Qualified Beneficiary’s Election of Coverage Under the Consolidated Omnibus Budget Reconciliation Act
- [7.57] Tolling of Election Period Under the Consolidated Omnibus Budget Reconciliation Act
- [7.58] Start of Minimum 60-Day Election Period
- [7.59] No Form or Writing Requirement
- Paying for Consolidated Omnibus Budget Reconciliation Act Coverage
- [7.60] Premium Requirements
- Time for Paying Premiums
- [7.61] 45-Day Period After Election for Initial Payment
- [7.62] 30-Day Grace Period for Payments Other than Initial Payment
- [7.63] Late Election Notices and Large Retroactive Premiums
- [7.64] Cutting Off Consolidated Omnibus Budget Reconciliation Act Coverage Early
- [7.65] Upon Coverage Under Another Plan After Electing the Consolidated Omnibus Budget Reconciliation Act
- [7.66] Upon End of Group Health Plan
- [7.67] Upon Enrolling in Medicare After Electing the Consolidated Omnibus Budget Reconciliation Act
- [7.68] Estoppel Claims Under the Consolidated Omnibus Budget Reconciliation Act
- [7.69] Coordination of Consolidated Omnibus Budget Reconciliation Act Benefits and New Employer Plan
- Consequences of Failing To Comply with Consolidated Omnibus Budget Reconciliation Act Requirements
- [7.70] Reinstatement of Coverage
- [7.71] Preliminary Injunction for Interim Coverage
- [7.72] Statutory Penalties and Other Relief Under §502(c) of the Employee Retirement Income Security Act
- [7.73] Statute of Limitations
- [7.74] Arbitration of Claims Under the Consolidated Omnibus Budget Reconciliation Act
- Consolidated Omnibus Budget Reconciliation Act Election and Premium Payment Deadlines Extended During the COVID-19 National Emergency
- [7.75] Joint Notice Tolls Deadlines for Making Consolidated Omnibus Budget Reconciliation Act Elections and Premium Payments
- [7.76] Department of Labor Disaster Relief Notice 2021-01
- [7.77] IRS Notice 2021-58
- Chapter 8 — Special Employee Plan Issues Arising in Reductions in Force or the Sale of the Employer
- I. [8.1] Introduction
- II. [8.2] Cutbacks of Severance Benefits Just Prior to Downsizing
- III. Partial Terminations of Retirement Plans Upon Downsizing
- [8.3] Consequence of Partial Termination: 100-Percent Vesting
- Partial Termination Upon a Significant Reduction of the Workforce
- [8.4] Need To Determine Employer-Initiated Reductions
- [8.5] How Much of a Reduction Will Trigger a Partial Termination
- [8.6] Calculation of Turnover Rate
- [8.7] Applicable Period
- [8.8] Standard of Review
- [8.9] Reporting a Partial Termination of a Defined-Benefit Plan to the Pension Benefit Guaranty Corporation
- [8.10] Limited Pandemic-Era Relief from Partial Plan Termination Rules
- IV. [8.11] Defined-Benefit Plan Downsizing Liability
- V. Multiemployer Plan Withdrawal Liability
- [8.12] Overview of Multiemployer Plan Withdrawal Liability
- [8.13] Amount of Withdrawal Liability Generally
- [8.14] Definitions of Complete Withdrawal and Partial Withdrawal
- [8.15] Actions Taken To Evade or Avoid Withdrawal Liability No Shield
- [8.16] Arbitration Between Employer and Multiemployer Plan
- [8.17] Asset Sale Exception and Avoiding Withdrawal Liability
- Liable Parties Beyond Withdrawing Employer
- [8.18] Parent, Subsidiaries, and Brother-Sister Corporations and Businesses
- [8.19] Owners and Partners
- [8.20] Successor Companies, Including Unrelated Buyers of Businesses
- VI. [8.21] Employment Terminations in Sales of Business Units
- [8.22] Fiduciary Duties to Transferring Employees
- Claims of Unlawful Interference with Employee Benefits Under §510 of the Employee Retirement Income Security Act of 1974
- [8.23] Sale of a Division of a Corporate Employer
- [8.24] Claims Under §510 Should Be Brought Against the Claimant’s Actual Employer
- [8.25] Targeting for Termination Employees on Medical or Disability Leave
- [8.26] Continuation Coverage in Mergers and Acquisitions Under the Consolidated Omnibus Budget Reconciliation Act of 1985
- [8.27] Treasury Regulations
- [8.28] Caselaw
- Chapter 9 — Prosecuting a Claim Under the Illinois False Claims Act
- I. [9.1] Background
- II. [9.2] What Constitutes an Actionable Claim Under the Illinois False Claims Act
- III. [9.7] Relief Recoverable for State
- IV. [9.11] Qui Tam Plaintiff: Right To Sue, Recovery, and Protection
- V. [9.17] Attorney General’s Pre-Commencement Discovery Rights
- VI. [9.18] Procedures on Filing
- VII. Appendix
- [9.24] Outline for Material Evidence
- Sample Forms
- [9.25] Relator Letter
- [9.26] Complaint for Damages
- [9.27] Motion Seeking Extension of Time
- [9.28] Order Granting Extension of Time
- [9.29] Notice Declining Intervention
- [9.30] Order Following State’s Notice Declining Intervention
- [9.31] Notice of Intervention
- [9.32] Order Following State’s Notice of Intervention
- [9.33] Settlement Agreement
- [9.34] Relator Share Agreement
- [9.35] Stipulation of Dismissal
- [9.36] Agreed Order of Dismissal
- Anthony E. Antognoli
Anthony E. Antognoli
Anthony E. Antognoliis a Partner with Hinshaw & Culbertson LLP, in Chicago, where he focuses on the representation of large and mid-size clients in the areas of employee benefits, executive compensation, and tax law. He is recognized as a Leading Lawyer in Employee Benefits Law by Leading Lawyers magazine (2018 – present), and he has also served as an adjunct professor of tax law at Loyola University Chicago School of Law (2007 – present). Antognoli earned his B.S. from the University of Illinois Champaign-Urbana and his J.D. from Loyola University Chicago School of Law, where he also received a Certificate in Tax Law.
- Michael R. Booden
Michael R. Booden
Michael R. Booden is Senior Technology Counsel for HUB International Limited, in Chicago, where his practice is focused on technology agreements, cybersecurity, labor and employment litigation, and alternative dispute resolution. He is a Program Chair of the Association of Corporate Counsel’s (ACC) Employment & Labor Law Network, a past President and current board member of the Chicago chapter of the ACC, and a Certified Information Privacy Professional (in both U.S. and European law) by the International Association of Privacy Professionals. Booden served as a Judicial Law Clerk for Justice John J. Stamos of the Illinois Supreme Court. He is also an adjunct professor at The University of Illinois Chicago School of Law School. Booden earned his B.S. from Northern Illinois University and his J.D. from The University of Illinois Chicago School of Law.
- Lisa M. Burman
Lisa M. Burman
Lisa M. Burman is a Partner with Hinshaw & Culbertson LLP, in Chicago, where she concentrates her practice in the areas of employee benefits and executive compensation. She is, and has for many years been recognized as, a Leading Lawyer in the area of Employee Benefits Law. Burman has previously served as Chair of the Chicago Bar Association’s Employee Benefits Committee and has also received the IRS Commissioner’s Award in the Great Lakes Tax-Exempt/Governmental Entities Division. Additionally, she received the American Jurisprudence Award for excellence in both Employee Benefits and Securities Law. Burman received her B.S. from Loyola University of Chicago and her J.D. and her LL.M. from IIT Chicago-Kent College of Law. She is also a certified public accountant.
- Gail S. Eisenberg
Gail S. Eisenberg
Gail S. Eisenberg is a Partner at Loftus & Eisenberg, Ltd., in Chicago, where she focuses her practice of employment law. She was recognized as an American Bar Association Top 40 Lawyers On the Rise (2021), and she serves as the Chair of the Chicago Bar Association’s Labor & Employment Committee (2021 – 2023). Eisenberg earned both her B.A., summa cum laude, and M.A. from University of Illinois at Urbana-Champaign, where she was Phi Beta Kappa and received the Bronze Tablet. She received her J.D., magna cum laude, and Order of the Coif, from Northwestern University School of Law, where she was the Symposium Editor for the Journal of Law and Social Policy and also served on the Minor Moot Court Board.
- Margaret Curtiss Hannon
Margaret Curtiss Hannon
Margaret Curtiss Hannonis a Clinical Professor of Law at the University of Michigan Law School, in Ann Arbor, Michigan, where she focuses on legal research and writing on labor and employment law. She has been recognized and awarded the Dean’s Teaching Award (2010) and the Dean’s Teaching Award Honorable Mention (2011). Hannon is the Co-Editor-in-Chief, Legal Communications and Rhetoric: JALWD, and she is also a member of the Advisory Board for Women Also Know Law. She earned her B.A. cum laude from Binghamton University and her J.D. from the University of Michigan Law School, where she served as Note Editor and Associate Editor of the Michigan Law Review.
- James Harbert
James Harbert
James Harbertis a Partner with Hinshaw & Culbertson LLP, in Chicago, where he concentrates his practice in employee plans counseling and litigation. He has served on the American Bar Association, Faculty for ERISA Basics National Institute (2013 – 2015). Harbert received the Big Shoulders Fund Director’s Award for his pro bono legal work in support of inner-city Chicago Catholic schools, and he was formerly the Trial Attorney for the U.S. Department of Treasury, Office of Chief Counsel to the Internal Revenue Service. He received his A.B. from the College of William and Mary and his J.D. from the University of Virginia.
- Heather A. Levinsky
Heather A. Levinsky
Heather A. Levinsky is a shareholder at Segal McCambridge Singer & Mahoney, in Chicago, where she focuses her practice on professional liability, products liability, construction, transportation law, and personal injury. She is recognized as an Illinois Super Lawyers Rising Star (2020 – 2022) and as an Emerging Lawyer by Leading Lawyers (2021). Levinsky is also a member of the Chicago Bar Association.
- Alexander Loftus
Alexander Loftus
Alexander Loftus is a Partner at Loftus & Eisenberg, Ltd., in Chicago, where he focuses his practice on business litigation. Loftus has been named a Super Lawyer and is a member of the Illinois Trial Lawyers Association, the Illinois State Bar Association, and the Small Business Advisory Counsel. He received his J.D. from DePaul College of Law.
- Mary Nagel
Mary Nagel
Mary Nagel is a Visiting Professor and Director of Externships at The John Marshall Law School at the Chicago-Kent College of Law. Nagle is a member of the American Bar Association, the Legal Writing Institute, and the Association of Legal Writing Directors. She earned her B.A. from the University of Illinois at Urbana-Champaign and her J.D. from The John Marshall Law School.
- Michael C. Rosenblat
Michael C. Rosenblat
Michael C. Rosenblat, of Rosenblat Law, in Northbrook, concentrates his practice in healthcare fraud, False Claims Act litigation, and the Uniform Code of Military Justice. He is a member of the ABA’s Healthcare Fraud and Compliance List Committee, ISBA’s List Committees on Criminal Justice and Health Care Law, and he gave a seminar on Prosecuting and Defending Claims under the False Claims Act to the Chicago County Bar Association. Rosenblat received his B.A. from the University of Illinois and his J.D. from The John Marshall Law School.
Employment Termination: Procedures, Grounds, and Challenges 2022 Edition
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