Sue Ellen Eisenberg
Sue Ellen Eisenberg is the President and Principal of Sue Ellen Eisenberg & Associates, P.C.
Ms. Eisenberg graduated from the University of Michigan in 1972 with a Bachelor of Arts with Distinction, having majored in English Literature and Psychology. She earned her Juris Doctorate from the University of Michigan Law School in 1975. Upon graduation, Ms. Eisenberg joined the Equal Employment Opportunity Commission(EEOC) and worked in its Washington D.C. headquarters in the Litigation Services Bureau. Later, Ms. Eisenberg was promoted to Special Assistant to the General Counsel of the EEOC. In that position, Ms. Eisenberg was instrumental in drafting the Federal Guidelines on Sexual Harassment.
Ms. Eisenberg’s legal career is focused on representing employers and employees in promoting the equal rights of all employees, assuring compliance with:
- anti-discrimination laws
- preventing discrimination, harassment and retaliation
- ensuring lawful hiring, disciplinary, investigatory and termination practices
She represents the interests of both employers and employees in litigation, arbitration, mediation/facilitation, and before state and federal agencies. Ms. Eisenberg counts among her clients multi-national businesses, including those in the automotive, medical and insurance industries.
Ms. Eisenberg supports her clients’ needs with a multitude of legal services. Knowledgeable in all aspects ofemployment law and having an astute sense of corporate necessities, she employs her considerable skills in negotiation to seek early case resolution, using facilitation and other alternative dispute methods, particularly in matters involving nationally recognized industry leaders. Ms. Eisenberg’s counseling activities include developing, designing and implementing effective employee screening devices and employee policy and procedures manuals, conducting training, and engaging in or directing investigations of alleged employee misconduct. She also prepares and provides advice on employment contracts and non-compete agreements.
If Ms. Eisenberg’s pre-litigation efforts do not produce a resolution, she is fully prepared to engage in a vigorous litigation process. She brings focus to that process by developing strategies, directing a thorough investigation, and participating in every aspect of discovery, trial and appellate proceedings.
Ms. Eisenberg regularly serves as a neutral facilitator and mediator in resolving employment disputes. Federal judges have asked her to facilitate the resolution of major class action lawsuits and she has served as a monitor for the court to enforce one of those resolutions. She has served as an expert witness on legally compliant investigations in several matters. Ms. Eisenberg is routinely asked to provide training to fellow practitioners and industry groups concerning the complex array of state and federal statutes governing employment issues.
Ms. Eisenberg’s recent publications include:
- New Considerations for Severance Agreements in Light of IRS Code Section 409A
- Legally Terminating Employees: An Employer’s Best Practices Guide
- Risk Management: An Employer’s Guide to Employee Hiring, Discipline and Termination
- The Negotiation of Executive Severance Agreements: Best Practices and Strategies
- Leveling the Playing Field: Using Experts to Defeat the Ellerth/Faragher Affirmative Defense in Harassment Claims
- State and Federal Whistleblower Statutes: A Legal Roadmap
Ms. Eisenberg is a fellow in the College of Labor and Employment Lawyers. Ms. Eisenberg received the State Bar of Michigan’s Champion of Justice Award in 2007. U.S. Senator Debbie Stabenow recognized Ms. Eisenberg for “significant contributions toward improving the well-being of women in the workplace and the community.” Her other honors include being named as one of Michigan’s Super Lawyers, inclusion in The Best Lawyers in America, and honors from Corp! Magazine and Crain’s Detroit Business.
Ms. Eisenberg is admitted to practice in all state and federal courts in Michigan. She is also admitted in the District of Columbia.
Hideaki Sano
Hideaki Sano is Senior Counsel at Sue Ellen Eisenberg and Associates and possesses a diverse litigation practice. He has litigated a number of construction cases involving a variety of issues including delay and disruption, extra work, breach of contract, qui tam, breach of warranty and professional malpractice claims. In addition, he has litigated numerous complex cases involving issues such as design and manufacturing defect, health care reimbursement, commercial zoning, restrictive covenants, breach of fiduciary duty, breach of warranties, foreign law, trade secrets and defamation. He has also represented clients in white collar matters, including health care civil infraction and regulatory compliance cases, and in criminal sentencing appeals. Representative labor matters include defense of health care organizations against wrongful termination claims by medical staff and defense of directors and officers against claims of breach of fiduciary duty, embezzlement, and self-dealing. He has appeared in both state and federal court, and as well as in arbitrations.
Representative Matters
- Represented managed ISP provider in litigation for breach of fiduciary duty and misappropriation of trade secrets against former investor.
- Defense of health care organizations against wrongful termination claims by medical staff.
- Defense of NBA basketball player in civil assault and battery case related to Pacers-Pistons brawl.
- Defense of manufacturer against claims for unpaid commissions; defense of global automotive parts supplier in non-compete litigation.
- Representation of demolition contractor in Cal-OSHA investigation of power plant accident.
- Defended college in appeal of trial court’s granting of summary disposition in favor of college as to contractor’s claims for delay and extra work damages.
- Defended pipe manufacturer against breach of warranty and tort claims of contractor on municipal water construction project.
- Defended general contractor against qui tam claims related bidding process and work submissions for airport construction project.
- Represented health system in appeal of reimbursement decision related to sale of hospital facility.
- Represented skilled nursing facility in civil infraction proceeding.
- Represented hospital association in class action litigation against state related to revision of provider of last resort regulation.
- Represented servovalve manufacturer in litigation involving misappropriation of trade secrets and breach of distributor agreement claims.
Education
- University of Michigan Law School (J.D., cum laude, 2000)
- Associate Editor, Michigan Law Review
- Legal Practice Section Best Brief Writing Award
- Stanford University (B.A., with honors, 1994)
- Human Biology
Bar Admissions
- California, 2006
- Michigan, 2000
Publications
- Annual Survey of Michigan Law June 1, 2004 – May 31, 2005: Criminal Procedure, 52 Wayne L. Rev. 543 (2006).
- Annual Survey of Michigan Law June 1, 2003 – May 31, 2004: Evidence, 51 Wayne L. Rev. 779 (2005).
- Annual Survey of Michigan Law June 1, 2002 – May 31, 2003: Evidence, 50 Wayne L. Rev. 575 (2004).
- Judicial Abuse of “Process”: Examining the Applicability of Section 2F1.1(b)(4)(B) of the Federal Sentencing Guideliens to Bankruptcy Fraud, 98 Mich.L.Rev. 1038 (2000).
Carissa M. Penna
Carissa Penna is an attorney with Sue Ellen Eisenberg and Associates who specializes in Commercial Litigation and Commercial Contract disputes and joined the firm after a successful litigation practice in Massachusetts. She is a graduate of the Carroll School of Management at Boston College and the Benjamin N. Cardozo School of Law. While practicing in Massachusetts, Carissa specialized in litigation matters from commercial contract disputes to family law.
Carissa is admitted to practice law in Michigan, Massachusetts, New York and the United States District Court for the Eastern District of Michigan. She is also a member of the National Employment Lawyers Association.