Abigail regularly counsels clients on employment law and higher education issues. In addition, Abigail has been involved in litigating various employment and labor law cases, including cases related to sexual harassment, disability discrimination, violation of a collective bargaining agreement, ERISA benefits, noncompetition covenants, trade secrets, the Fair Labor Standards Act, and the Family & Medical Leave Act. A significant portion of Abigail’s practice includes working with nonprofit organizations and health care providers on employment related matters. She serves as the cochair of Gray Plant Mooty’s Higher Education Law team.
Prior to joining Gray Plant Mooty, Abigail clerked for the Honorable Gerald W. Heaney of the U.S. Court of Appeals for the Eighth Circuit.
Experience
- Represented American Council on Education and Association of American Medical Colleges and other higher education trade organizations as Amici Curiae in First Amendment case of Tatro v. University of Minnesota
- Counseled multiple colleges regarding Title IX issues related to sexual harassment, sexual violence, and athletics
- Obtained summary judgment on behalf of employer in a sexual harassment case brought by a former employee
- Successfully defended employer against union’s attempt to compel arbitration
- Conducted multiple internal audits of FLSA compliance for employers
- Provided employment law advice and contract drafting in connection with several mergers, acquisitions, and other transactions
- Obtained dismissals of several EEOC and Minnesota Human Rights Act charges of discrimination
- Advised multiple fast-growing companies regarding personnel issues and potential legal claims
Publications
- “When Employees Sue You, Resist The Temptation To Sue Them, Too,” HR Specialist: Minnesota Employment Law, June 2013
- “Social Media: Ethical Considerations for Lawyers,” The Computer and Internet Lawyer, May 2011
- “Anti-Discrimination Law: Two Trends to Watch,” Connections, The Bi-Annual Newsletter of MNCUPA-HR, Winter/Spring 2011
- “Employment Regulations: Pitfalls and Cautions,” Inside the Minds: Complying with Employment Regulations, Aspatore 2011
- “Know the NLRA: Unionized Or Not, Labor Law Applies To You,” coauthor, HR Specialist: Minnesota Employment Law, December 2010
- “Social Media for Lawyers,” Bench & Bar of Minnesota, November 2010
- “Be Careful! Caregiver Discrimination Claims Are on the Rise,” HR Specialist: Minnesota Employment Law, April 2010
- “New Amendments to the FMLA Mean Additional Policy Amendments for Employers,” Minnesota Business online “Expert’s Forum,” December 14, 2009
- “Social Media on Campus: Employment Issues,” Connections, The Bi-Annual Newsletter of MNCUPA-HR, Summer/Fall 2009
- “FMLA and ADA Changes,” Connections, The Bi-Annual Newsletter of MNCUPA-HR, Winter/Spring 2009
- “The Changing Face of the ADA: Complying with the New Requirements,” HR Specialist: Minnesota Employment Law, November 2008
- “Court Watch: Prevention Tips—Retaliation,” coauthored with Abigail Crouse and Megan Anderson, EPLI Monitor, a publication by Gen Re Research, November 2008
- “Zebeck v. Metris Companies: A Cautionary Tale,” Employment.Law360.com, October 15, 2008
- “Same-sex Marriage and Employee Benefits in Minnesota,” HR Specialist: Minnesota Employment Law, September 2008
- “Campus Safety Plan Checklist,” coauthor, Connections, The Bi-Annual Newsletter of MNCUPA-HR, Summer/Fall 2008
- “Troubled Students and FERPA: How to Share Important Information,” Connections, The Bi-Annual Newsletter of MNCUPA-HR, Winter/Spring 2008
- “7th Circuit: Officer Fired After Controversial Arrest Loses Claim,” Society of Human Resource Management, November 23, 2007
- “Retaliation: How to Prevent Costly Claims,” Connections, The Bi-Annual Newsletter of MNCUPA-HR, Summer/Fall 2007
- “Student Workers—Students or Employees?” Connections, The Bi-Annual Newsletter of MNCUPA-HR, Winter/Spring 2007
- “ID Theft and Liability: How to Reduce the Risks Facing Your Business,” Minneapolis St. Paul Business Journal, August 25, 2006
- “Applying Rule 1 in the Information Age,” 4 Sedona Conf. J. 165, coauthored, Fall 2003
- “Models for Just and Inexpensive Resolutions of E-Discovery Disputes,” Digital Discovery and e-Evidence: Best Practices & Evolving Law, vol. 3, no. 8, coauthored, August 2003
- “Equal Athletic Opportunity: An Analysis of Mercer vs. Duke University and a Proposal to Amend the Contact Sport Exception to Title IX,” Minnesota Law Review, 2000
Presentations
- “The NLRB Said What? Important Labor Law Developments for Union and Nonunion Employers,” copresenter, GPM Employment Law Seminar, April 2013
- “Employee Handbooks: What’s In, What’s Out, and What’s New,” copresenter, GPM Employment Law Seminar, April 2013
- “Transitioning from Pre-Fisher to Post-Fisher: What We Should Be Thinking About Now,” National Association of College and University Attorneys CLE Workshop on Higher Education Discrimination Law, Nashville, TN, March 20, 2013 (panel member)
- “Legal Issues Related to Volunteers and Legal Protections for Volunteers,” Minnesota CLE 2013 Nonprofit Law Conference, March 12, 2013 (with Sarah Duniway)
- “From Troubled Students to Service Animals: A Student Services Regulatory Update” copresenter, Gray Plant Mooty Higher Education Breakfast Briefing, April 24, 2012
- “Maintaining Control of Controlled Substances: Drug Diversion Prevention and Enforcement Issues,” copresenter, Gray Plant Mooty 15th Annual Health Law Conference, July 14, 2011; Aging Services of Minnesota 2012 Institute, February 2012
- “Employee Communications & Employment Law,” Minnesota-Dakotas Chapter of the ESOP Association Meeting, April & June 2011
- “Excuse Me, But Your Conflict Is Showing: How To Spot And Manage Conflicts Of Interest” (with Sarah Duniway), Gray Plant Mooty Higher Education Breakfast Briefing, April 21, 2011
- “From Facebook to Foursquare to FaceTime: Tips for Managing Your Employees in an Age of Rapidly Changing Information Technology,” copresenter, Minnesota Council of Nonprofits Technology & Communications Conference, February 23, 2011
- “State of the Unions and Other Recent Developments in Labor and Employment Law,” copresenter, Gray Plant Mooty 14th Annual Health Law Conference, July 15, 2010
- “Making Management of Injured Workers Less Painful: Insight Into Effectively Handling the Overlapping Areas of Workers Comp, ADA, and FMLA for Employees with Disability and Leave Issues,” GPM Employment Law Seminar, April 21, 2010
- “Employer Choices and the EFCA: What You Can Do Now to Promote a Better Working Relationship with Your Employees” (with Mark Mathison), Aging Services of Minnesota (Labor Law School), April 21, 2009
- “Hope for the Best, but Prepare for the Worst: Workplace Violence Prevention and Response Planning” (with Megan Anderson), Gray Plant Mooty Employment Law Conference, October 23, 2008
- “Legal Requirements and Restraints on Employee Affirmative Action Measures” (with Kathryn Nash), Gray Plant Mooty Higher Education Breakfast Briefing, May 13, 2008
- “Violence Prevention and Response Planning in the Wake of Virginia Tech” (with Megan Anderson), MNCUPA-HR Fall Conference, October 25, 2007
- “Student Admissions: Achieving Diversity without Breaking the Law” (with Jennifer Reedstrom Bishop), Gray Plant Mooty Higher Education Breakfast Briefing, April 17, 2007
- “Employment Law Update for Higher Education HR Professionals,” copresenter, MNCUPA-HR Spring Conference, April 18, 2007
- “Identity Theft, Computer Misuse, Privacy and Liability: Human Resources Role in Reducing Risks Facing Employers,” Human Resources Professionals of Minnesota Mini-Seminar on Today’s Technology and its Impact on Human Resources, October 11, 2006
- “Inside Job: How to Identify, Prevent, and Recover Losses from Employees’ Bad Acts,” Gray Plant Mooty Corporate Counsel Breakfast, May 17, 2006
- “Race, Sex, and Money: Restrictions on Race and Gender Conscious Student Aid,” Minnesota Association of Financial Aid Advisors Conference, May 4, 2006
- “Race, Sex, and Money: Can Colleges and Universities Provide Race or Gender Conscious Scholarships and Financial Aid?,” Gray Plant Mooty Higher Education Breakfast Briefing, April 11, 2006
- “Effective Records Management,” Gray Plant Mooty Health Law Conference, July 21, 2005
- “Sexual Harassment, Sexual Assault, Conduct Codes, and Crimes,” Gray Plant Mooty Higher Education Breakfast, May 10, 2005
- “Litigation 101: What the College Needs to Know When it Gets Sued,” Gray Plant Mooty Higher Education Breakfast, September 14, 2004
- “Title IX Law and Current Developments,” Midwest Regional Conference for Women and the Law, April 2004
- “Harassment and Sports: Recent Issues in Title IX Law,” Gray Plant Mooty Higher Education Breakfast, October 7, 2003
- “From Creation to Destruction: Managing the Life Cycle of Your Corporate Records,” Gray Plant Mooty Corporate Counsel Breakfast Group, January 15, 2003
- “Managing Employee Leaves of Absence,” Gray Plant Mooty Employment Law Institute, September 26, 2003
- “Password Protected: The Family Educational Rights and Privacy Act (FERPA),” Minnesota Association of Financial Aid Advisors, December 2, 2003
- “The Contact Sport Exception to Title IX,” Minnesota Institute of Legal Education Higher Education Law, September 28, 2001
Education
- University of Minnesota Law School, J.D., magna cum laude, 2001
Minnesota Law Review, lead note and comment editor
Order of the Coif - University of Wisconsin—Madison, with honors, 1998
Professional Activities
- Federal Bar Association
- American Bar Association
- Minnesota State Bar Association
- Law clerk for the Honorable Gerald W. Heaney
U.S. Court of Appeals for the 8th Circuit
Honors and Distinctions
- “Excellence in Labor Law Citation,” Minnesota State Bar Association, Labor & Employment section
- "Rising Star," Minnesota Law & Politics, 2007
- Named the Phillip M. Grier Fellow by the National Association of College and University Attorneys for her work in the field of higher education law