Abigail is a principal at Gray Plant Mooty and practices in the areas of employment and labor law and higher education law.
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, ERISA benefits, noncompetition covenants, trade secrets, the Fair Labor Standards Act, and the Family & Medical Leave Act.
Experience
- Obtained summary judgment on behalf of employer in a sexual harassment case brought by a former employee
- Advised fast-growing company regarding personnel issues and potential legal claims
- Provided employment law advice and contract drafting for company involved in the spin-off of a subsidiary
- Counseled college regarding Title IX issues related to its athletic program
- Advised college regarding FLSA classifications of employees
- Obtained dismissal of Minnesota Human Rights Act charge of disability discrimination
- Drafted appellate briefs in case involving ERISA claim for benefits
Publications
- "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," 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,” 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, Nov. 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, Aug. 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, Aug. 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
- “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, Oct. 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, Oct. 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" (with Tamara Olsen), 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, Oct. 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, Sept. 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, Oct. 7, 2003
- "From Creation to Destruction: Managing the Life Cycle of Your Corporate Records," Gray Plant Mooty Corporate Counsel Breakfast Group, Jan. 15, 2003
- "Managing Employee Leaves of Absence," Gray Plant Mooty Employment Law Institute, Sept. 26, 2003
- "Password Protected: The Family Educational Rights and Privacy Act (FERPA)," Minnesota Association of Financial Aid Advisors, Dec. 2, 2003
- "The Contact Sport Exception to Title IX," Minnesota Institute of Legal Education Higher Education Law, Sept. 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