Debra L. Weiss

Debra L. Weiss: Attorney with Meagher & Geer, P.L.L.P. AV stamp icon
Attorney Awards

Biography

For the past two decades, Debra has focused her practice in the area of employment litigation and counseling, where she regularly assists employers with all aspects of employment matters. She helps employers navigate through the complicated and often-technical myriad of state, federal and local statutes and laws impacting employment decisions from the hiring process to performance evaluations, discipline, and separations, as well as litigation arising from all of those stages. She has consistently been selected for inclusion in the Minnesota Rising Stars list published by Minnesota Super Lawyers magazine.

Employment Defense and Advising

Debra understands that business decisions are not always made in the courtroom and works diligently to design practical solutions that balance a company’s legal compliance issues with its business objectives and goals in an evenhanded and creative manner. She also counsels companies and individuals on non-compete, non-solicitation, and trade secret matters, with a focus on the financial services industry and application of the “Protocol for Broker Recruiting.” She frequently appears in court to move for or defend against motions for temporary restraining orders and injunctions seeking to enforce non-compete and other post-employment restrictive covenants.

She is well-equipped to assist you with:

•Litigating all facets of employment matters, including discrimination and harassment issues, in state and federal courts
•Handling administrative charges before state and federal agencies
•Counseling and advising employers on employment issues
•Prosecuting and defending non-compete agreements on behalf of companies and employees
•Conducting independent investigations of allegations of inappropriate employee behavior running the gamut of workplace issues including discrimination, harassment and improper business practices
•Asserting and defending defamation claims, whistleblower claims, Fair Credit Reporting Act cases, employee privacy issues, and wage and hour matters

Debra’s employment practice also extends to educational institutions, where she has represented public school teachers, private schools, public schools, on-line schools, and charter schools in a myriad of issues, including, but not limited to, harassment, discrimination, breach of contract, violation of data practices act and related issues. She also regularly serves as a hearing officer for expulsion matters around the Twin Cities and Minnesota. She has spoken at school law conferences in the past on employment and school-related topics, as well.

FINRA and Securities Litigation Department

Debra also defends broker-dealers, registered representatives, and financial advisors in financial securities fraud and investment-related claims brought by customers in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA, formerly NASD). She defends clients in customer disputes involving claims of unsuitability, misrepresentation, breach of fiduciary duty, and violations of state and federal securities laws. These cases involve claims of securities and common law fraud, churning, negligence, and due diligence. She also represents insurance companies and agents facing claims arising from the sale of life and disability insurance and annuity products.

In addition, Debra counsels financial professionals on the Broker’s Protocol in their transition from one brokerage to another, providing consultation on non-compete and non-solicitation agreements, and defending those actions that result in litigation.

Accolades

•Awarded the highest possible Martindale-Hubbell Peer Review Rating, AV Preeminent (AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies)
•Selected for inclusion in the Minnesota Rising Stars list, Thomson Reuters, (Only 2.5 percent of the Minnesota attorneys are given this honor), 2005-2013
•Hamline Law Review, member (1996-1997)
•Hamline Law Review, Managing Editor (1997-1998)

Speaking Engagements

•2019 MRA Employment Law Update 2019, Challenges and Solutions for Employers in this New Era of Workplace Harassment: #MeToo or #NotUs? (March 2019)
•Panelist, Advent Employment Law Seminar (February 2019)
•North Dakota Hospital Association 84th Annual Convention, Sexual Harassment in the Age of #MeToo (October 2018)
•Lockton Companies, Sexual Harassment in the Age of #MeToo, More than Just a Hashtag (September 2018)
•MRA Employment Law Update Conference, How to Employ the Best Applicant (March 2018)
•North Dakota Long Term Care Association's Annual Convention, Weeding Out the Confusion: North Dakota's Medical Marijuana Law (May 2017)
•Boulay Accounting Firm Breakfast Seminar, Medical Marijuana: It's High Time to Figure it Out (July 2015)
•Society For Human Resource Management (SHRM), Minnesota SHRM Fall Conference, 2014 Employment Law Update (October 2014)
•Human Resource Professionals (HRP) Panel Discussion, Golden Valley Country Club, Until Verdict Do We Part! Creating and Fostering Strategic Partnerships Between HR Leaders and Legal Practitioners (October 2014)
•Lakes Area Human Resources Association, Addressing Mental Health Disabilities in the Workplace (March 2014)
•Society for Human Resource Management (SHRM), Minnesota SHRM Fall Conference, Addressing Mental Health Disabilities in the Workplace (October 2013)
•Southwest Metro Human Resources Association (SWMHRA), Dealing with Sales Representatives (October 2013)
•Human Resource Professionals (HRP), 2013 Spring Conference, Lawyer UP! Building A Successful Partnership with Outside Counsel (April 2013)
•Lightning Round Presentation on the Fair Labor Standards Act, 4th Annual Charter School Conference (August 2012)
•Southwest Metro Human Resources Association (SWMHRA), Cyberlaw 101: Get Your Head Out of the Cloud(s)! (April 2012)
•Preferred Resource Group (PRG), Understanding the FINRA Process and Tips to Help Minimize Risk (January 2012)
•Human Resource Professionals Edina Networking Group, Temps and Contractors: Reducing Legal Risks and Avoiding 'Co-Employment' Relationships (May 2011)
•Human Resource Professionals, 2011 HRP Spring Conference Sponsor (April 2011)
•Southwest Metro Human Resource Association (SWMHRA), Temps and Contractors: Reducing Legal Risks and Managing Alternative Work Relationships (January 2011)
•2010 School Law Conference, Avoiding Legal Land Mines of the FMLA (November 2010)
•Human Resource Professionals (HRP), Avoiding Legal Land Mines of the FMLA (July 2010)
•American Association of School Personnel Administrators (AASPA), Avoiding Legal Land Mines of the FMLA (June 2010)
•Southwest Metro Human Resource Association (SWMHRA), Get Smart - Gaining Control Over the Actions of Departing Employees (January 2010)
•HR Roundtable Group, ADAA, COBRA and FMLA (March 2009)
•Meagher & Geer Breakfast Seminar, HR Do’s and Don’ts (June 2008)
•HR Roundtable Group, Hot Topics in HR (March 2008)
•Minnesota Chapter of the American Mold Builders Association, Top Ten Ways to Avoid Costly Litigation (February 2008)

Published Articles

• Sexual Harassment in the Age of #MeToo: What North Dakota Employers Need to Know North Dakota Medical Association, ND Physician (Winter 2019)
• Understanding the Changes to Minnesota’s Whistleblower Act -- Not So Clean as a Whistle For MMA (January 2019)
•“Allocation Considerations in Employment Discrimination Settlements: The Taxing Details” The Hennepin Lawyer (July 2017)
• The Affordable Care Act's Employer Mandate: Guide to Advising Large Employers The Hennepin Lawyer (September 2013)
• What Every Employer Should Know About Social Media AASPA Best Practices in School Personnel (May, June, July 2012)
•Employment Law Updates newsletter (March 2008, May 2008)
• The Sex Offender Registration and Community Notification Acts: Does Disclosure Violate an Offender’s Right to Privacy? 20 Hamline Law Review 557 (1998)

News

•Jan 28, 2019
Attorney Debra Weiss speaks at Advent Employment Law Seminar
•Jan 15, 2018
Meagher & Geer attorney Debra Weiss speaks at The Management Association MRA Employment Law Update Conference
•Jul 3, 2017
Debra Weiss and Andrew Erler published in Hennepin Lawyer

Events

•Mar 14, 2019
MRA Employment Law Update Federal and Minnesota Attorneys Debra Weiss, Bradley Lindeman and Molly Ryan will present Challenges and Solutions for Employers in this New Era of Workplace Harassment: #MeToo or #NotUs?
•Oct 9, 2018
Sexual Harassment in the Age of #MeToo: More than a Hashtag
•Sep 18, 2018
Sexual Harassment in the Age of #MeToo: More Than Just a Hashtag

Articles

•Jan 16, 2019
Understanding the Changes to Minnesota’s Whistleblower Act -- Not So Clean as a Whistle
•Jul 3, 2017
Allocation Considerations in Employment Discrimination Settlements: The Taxing Details

Hennepin Lawyer

•May 22, 2015
Construction Law Update

Minnesota’s “Responsible Contractor” statute

Elizabeth Poeschl

Areas of Practice (6)

  • Commercial Litigation
  • Employment
  • Insurance
  • Professional Liability
  • Real Estate
  • Securities and Financial Services

Education & Credentials

University Attended:
University of Wisconsin - Madison, B.A., cum laude, 1995
Law School Attended:
Hamline University School of Law, J.D., cum laude, 1998
Year of First Admission:
1998
Admission:
1999, United States District Court, District of Minnesota; 2003, United States Court of Appeals, Eighth Circuit; 2007, United States District Court, Eastern District of Wisconsin; 2011, United States District Court, Central District of Illinois; 1998, Minnesota; 2008, Wisconsin; 2014, Iowa; 2017, North Dakota; 2012, United States District Court, Western District of Wisconsin
Memberships:

Professional Affiliations

•Minnesota State Bar Association
•Hennepin County Bar Association
•Minnesota Women Lawyers (MWL)
•Association of Women Contractors (AWC)
•MRA
•TeamWomen
•Twin Cities Claims Association (TCCA)

Reported Cases:
Recent Cases; Hudalla v. Summit Orthopedics d/b/a Minnesota Occupational Health,62-cv-10-11767 (Ramsey County, 2011) (summary judgment granted on application of Minnesota's Drug and Alcohol Testing in the Workplace Act, Minn. Stat. 181.950, et. seq.); Rubenzer v. Associated Bank, et. al.,08-cv-1415 (St. Croix County, 2011) (summary judgment granted on statute of limitations defense in mechanic's lien matter); Bernier v. Benson-Thompson, et al.,08-CV-211 (Washburn Co., 2010) (complete defense verdict for real estate professionals in disclosure and misrepresentation case); Northern Sunrooms & Additions, LLC v. Construction Lien Experts, Inc., et al.,27-cv-09-11698 (2010) (affirming summary judgment for mechanics' lien company based on exculpatory contract language); Ellis v. BlueSky Charter School,A09-1205 (Minn.App. 2010) (affirming summary judgment on at-will status of school administrator); Fus v. Medcor, Inc., et. al.,09-2489 (8th Cir. 2010) (affirming summary judgment on dismissal of tort-based claims based on Minnesota's workers' compensation exclusivity provision); Nyholm v. International Precision Machining, Inc.,08-cv-1356 (D.Minn. 2009) (granting summary judgment for defendant on plaintiff's claim for pregnancy discrimination); Steen v. Spectrum High School,07-4179 (D.Minn. 2007); Baxters v. AHA,05-17771 (D.Minn. 2005); E.M. v. Red Wing Public Schools, et. al.,02-4701 (D.Minn. 2002)
ISLN:
914488246

Peer Reviews

Documents (4)

Documents by this lawyer on Martindale.com

Minneapolis, Minnesota

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