Hon. Eileen M. Brewer (Ret.) joined JAMS with nearly 30 years of experience as a judge and attorney. During her 14 years as an Illinois State Court Judge, Judge Brewer presided over thousands of cases in the pre-trial and trial stages and mediated more than 1,000 cases involving a broad array of issues. Bar associations and practitioners consistently praised Judge Brewer’s scholarship, first-rate legal ability, excellent work ethic, and outstanding judicial temperament.

As an arbitrator, Judge Brewer closely manages her cases to help parties obtain a more efficient, fair, flexible, and cost-effective method of dispute resolution than litigation. Judge Brewer thoroughly analyzes the parties' briefs and cited legal authorities, gives the parties the opportunity to present oral argument on motions where appropriate, and issues prompt orders and awards explaining her findings of fact and legal analysis. As a mediator, she quickly analyzes complex legal and factual issues, assesses the strengths and weaknesses of cases, diffuses emotionally charged situations, and gains the trust of clients and lawyers. She is known for her ability to settle cases that are often viewed as unresolvable.  

ADR Experience and Qualifications

At JAMS, on the bench, and as a lawyer, Judge Brewer has substantial arbitration, mediation, judicial, and litigation experience in the following areas:

• Business & Commercial/Consumer Matters
• Civil Rights
• Class Action & Mass Tort
• Construction
• Cybersecurity & Privacy
• Employment Law/Employment Contracts/Discrimination/Fair Labor Standards Act
• Higher Education & Title IX
• Governmental/Public Agency
• Personal Injury/Torts
• Professional Liability

Representative Matters

• Business Commercial

Both as a lawyer and a judge, Judge Brewer has substantial experience in breach of contract, contract interpretation, fraud, partnership disputes, non-compete agreements, construction defects, condominium disputes, property damage, and real estate transactions.

Representative Matters

• Arbitrated a dispute between telecommunication companies involving an asset purchase agreement in which the buyer alleged that the seller had made false representations about the company and concealed critical facts about the company. 
• Mediated a dispute between pharmaceutical companies regarding the enforcement of a manufacturing and supply contract for pharmaceutical products and alleged patent infringements.
• Arbitration of a dispute involving the joining together and disbanding of two financial trading groups which included claims of breach of an implied covenant of good faith and fair dealing, the enforcement of non-competes, breach of contract, conversion, and breach of fiduciary duty.  
• Arbitration of a dispute between a professional sports team and a contractor for failure to pay for marketing and professional services.
• Arbitrated a dispute between a lienholder and a law firms regarding a loan agreements.
• Arbitrated a case in which a law firm alleged a breach of contract claim against a former client for failing to pay legal fees and expenses. 
• Arbitrated multiple cases in which claims of breach of contract, consumer fraud, deceptive practices, and false advertising were brought against for profit educational institutions.
• Mediated a breach of contract dispute between a large retail corporation and a manufacturer of apparel in India involving the cancellation of a pending purchase order due to COVID-19.
• Selected to arbitrate a dispute between franchisees and a franchisor involving wireless services and products.
• Arbitrated breach of contract and consumer fraud cases involving cancellation of travel due to COVID-19. 
• Mediated a dispute between an insurance company and a cybersecurity technology company regarding a ransomware attack.
• Arbitrated multiple disputes between corporations operating online platforms and users of the platforms.
• Mediated a copyright and trademark infringement case involving a licensing agreement between an artist and distributors.
• Arbitrated a dispute between an online dating site and a user of the site involving breach of contract, privacy, and the Federal Communications Decency Act. 
• Arbitrated breach of contract cases brought by property owners against solar energy companies for alleged construction defects.
• Mediated a dispute between construction companies regarding an asset purchase agreement and the alleged failure to transfer assets. 
• Selected to arbitrate a matter brought against a cryptocurrency exchange involving allegations of consumer fraud and negligence.
• Mediation of a dispute between a former employee of a medical practice who left the medical practice to start a competing medical practice.  

Representative ADR Matters in Business & Commercial Consumer Matters

• Arbitrated numerous consumer actions, including alleged violations of the Telephone Consumer Protection Act ("TCPA"), the Equal Credit Opportunity Act (“ECOA”), the Fair Credit Reporting Act (FCRA), the Truth-in-Lending Act (“TILA”), the Electronic Funds Transfer Act ("EFTA"), and the Fair Debt Collection Practice Act (“FDCPA”) as well as alleged violations of state consumer protection laws.
• Arbitrated multiple cases in which claims of consumer fraud, deceptive practices, and breach of contract were made against for profit educational institutions.
• Mediation of a consumer fraud action against a car dealership.
• Arbitrated multiple cases alleging violations of state consumer fraud laws in the online purchase of vehicles.
• Mediation of cases involving the Illinois Biometric Privacy Act (“BIPA”) and other privacy matters.
• Mediation of a sexual assault case brought against an international hotel chain involving consumer fraud allegations and tort claims.
• Mediated a case brought by a student against a university involving allegations of violations of Title IX, consumer fraud, and negligence. 
• Arbitrated consumer fraud and breach of contract cases involving cancellation of travel due to COVID -19. 
• Selected to arbitrate a case brought against a cryptocurrency exchange involving allegations of consumer fraud and negligence.
• Civil Rights

Both as a lawyer and a judge, Judge Brewer has substantial experience in civil rights matters, including excessive force; police shootings; false arrest; malicious prosecution; wrongful death and wrongful conviction; first amendment cases, and hate cases. Judge Brewer settled numerous multi-million-dollar civil rights cases brought against municipalities and other governmental entities.

Representative ADR Matters

• Mediated a civil rights suit against two governmental entities involving four individuals who alleged wrongful conviction, police misconduct, false imprisonment, conspiracy, and federal due process claims. 
• Mediated a civil rights matter involving the removal of children from their parents by a state children and family services agency.
• Mediated a civil rights suit against a municipality involving a high-speed police chase in which one individual was killed and another suffered a traumatic brain injury and paralysis.
• Class Action & Mass Tort

Both as a lawyer and a judge, Judge Brewer has experience in class actions and multiple-party litigation, including class actions involving Cook County Jail, employment practices of municipalities and other governmental entities, and health related matters.

Representative ADR Matters

• Mediation of multiple class action cases against streaming services involving allegations of violations of the Video Privacy Protection Act and various state privacy statutes.   
• Mediation of a class action against an online entertainment platform for alleged disclosure of users’ private information. 
• Mediation of a class action against an online dating site involving allegations of violations of the Illinois Biometric Privacy Act (“BIPA”) and other privacy violations.  
• Mediation of Illinois Biometric Privacy Act (“BIPA”) cases involving factories, stores and other businesses.  
• Mediated a multiple-claimant case involving allegations of wage and hour violations of the Fair Labor Standards Act (FLSA) and sexual harassment. 
• Mediated and arbitrated claims pursuant to the Armstrong World Industries Asbestos Trust, a national class action involving asbestosis.
• Arbitration of numerous banking related cases in mass arbitrations.
• Construction

Both as a lawyer and a judge, Judge Brewer has experience in construction matters, including construction defects, disputes between general contractors and subcontractors, bidding, change orders, workmanship, defective fabrication, and design. As a lawyer, Judge Brewer worked on the legal issues involved in the construction of the John H. Stroger Cook County Hospital.

Representative ADR Matters

• Chaired a tripartite arbitration panel in a construction dispute involving alleged construction defects in a municipal wastewater and water treatment plant. 
• Arbitrated breach of contract cases brought by property owners against solar energy companies for alleged construction defects.
• Mediated a dispute between construction companies regarding an asset purchase agreement and the alleged failure to transfer assets.
• Cybersecurity & Privacy
• Mediation of multiple class action cases against streaming services involving allegations of violations of the Video Privacy Protection Act and various state privacy statutes.   
• Mediation of a class action against an online entertainment platform for alleged disclosure of users’ private information. 
• Mediation of a class action against an online dating site involving allegations of violations of the Illinois Biometric Privacy Act (“BIPA”) and other privacy violations.  
• Mediated a dispute between an insurance company and a cybersecurity technology company regarding a ransomware attack.
• Mediated Illinois Biometric Privacy Act (“BIPA”) cases and other privacy matters.
• Arbitrated a dispute between an online dating site and a user of the site involving privacy and breach of contract.
• Arbitration of a dispute between a consumer and an online clothing corporation involving alleged violations of the California Invasion of Privacy Act, statutory larceny, and intrusion upon seclusion. 
• Employment Law

Both as a lawyer and a judge, Judge Brewer has substantial experience in matters involving discrimination based on race, sex, religion, age, sexual orientation, national origin, political affiliation, and disability; wrongful termination; retaliatory discharge; hostile work environment; sexual harassment; workers compensation; and breach of employment contracts.

Representative ADR Matters

• Arbitrated an age discrimination and retaliation case brought by a senior executive against a Fortune 500 corporation.
• Mediated claims of racial discrimination, sexual harassment, sex discrimination, and retaliation at a law firm.
• Arbitrated over twenty cases of age discrimination brought against an international technology corporation.
• Arbitrated a retaliatory discharge case brought by a senior vice president against a Fortune 500 corporation.
• Arbitration of a dispute between a mortgage lender and a former employee involving breach of contract, misappropriation of trade secrets, tortious interference with contract and breach of fiduciary duty.
• Arbitrated multiple cases against a large restaurant chain alleging violations of the Fair Labor Standards Act (FLSA) and state wage and hour laws.
• Arbitrated an employment discrimination case involving allegations of disability discrimination, failure to accommodate, hostile work environment, and wrongful discharge.
• Mediated a multi-claimant case against a restaurant chain involving allegations of sexual harassment and violations of the Fair Labor Standards Act (FLSA) and the Illinois Equal Pay Act. 
• Arbitration of an employment discrimination case involving allegations of racial discrimination, gender discrimination, retaliation, constructive discharge, and violations of the Equal Pay Act and the Illinois Human Rights Act. 
• Arbitrated an employment discrimination case involving allegations of sexual orientation discrimination, retaliation, violation of a whistleblower statute, and workers’ compensation law. 
• Arbitration of a case involving allegations of a breach of a non-solicitation and non-competition agreement.
• Mediated a dispute involving allegations of retaliatory discharge and violation of the Illinois Wage Payment Act for failure to pay a commission.
• Arbitration of a case involving an employer’s claims of breach of contract and unjust enrichment against a former employee.  
• Arbitration of a dispute between a bank and a former employee involving allegations that the former employee solicited and induced employees to leave their positions with the bank and follow the former employee to a new bank.   
• Arbitration of a matter in which an employee alleged breach of contract for the employer’s failure to pay a sales commission. 
• Arbitration of a Whistleblower case. 
• Governmental & Public Agency

Both as a lawyer and a judge, Judge Brewer has substantial experience in governmental matters, including civil rights matters; class actions brought against governmental entities; employment issues; allegations of dangerous conditions on public property resulting from design and/or maintenance defects; contracts between governmental entities and public utilities and telecommunications companies; wrongful death and serious injuries involving public entities; and claims involving public schools.

Representative ADR Matters

• Mediated a matter involving the removal of children from their parents by a state children and family services agency. 
• Mediated a dispute between a municipality and a senior living facility in which the municipality claimed that the facility had failed to pay its utility bills.
• Mediated civil rights suits against governmental entities alleging excessive force, false arrest, malicious prosecution, police misconduct, wrongful death, and wrongful conviction.
• Higher Education & Title IX

As a judge, Judge Brewer has managed and mediated dozens of cases involving sexual misconduct, sexual assault, sexual harassment, sexual abuse, discipline, and disability involving schools, colleges and universities, public and private social service agencies, foster care agencies, adoption agencies, and religious institutions.

Representative ADR Matters

• Served as a College and University Title IX external adjudicator and appeal officer in well over a dozen sexual misconduct, sexual assault, sexual harassment, and sexual abuse cases.
• Designated neutral for the U.S. Center for SafeSport, a program to improve young athletes’ safety across the U.S. Olympic Committee’s 47 National Governing Bodies.
• Served as an Arbitrator in the U.S. Center for SafeSport hearings in emotional, physical, and sexual misconduct cases relating to athletes under the age of 18.
• Mediated a case brought by a student against a university involving allegations of violations of Title IX, consumer fraud, and negligence. 
• Mediated a case in which a health care provider alleged that a university had engaged in Title IX retaliation. 
• Arbitrated multiple cases in which allegations of breach of contract, fraud, deceptive practices, and false advertising were brought against for profit educational institutions.
• Personal Injury

Both as a lawyer and a judge, Judge Brewer has substantial experience in personal injury matters. She settled and managed hundreds of tort cases, such as wrongful death; catastrophic injuries and burn cases; medical and dental malpractice; nursing home matters; industrial and construction accidents; premise liability; sexual abuse; defamation; auto, truck and railroad accidents; and product liability, including medical devices, pharmaceuticals, motor vehicles, sports equipment, and tools.

Representative ADR Matters

• Mediation of a medical malpractice and product liability case involving the alleged off-label use of a medical device brought against a hospital, multiple physicians, and a multinational medical device corporation.
• Mediation of a lead poisoning case. 
• Member of a three-arbitrator panel in a premises liability case in which a young woman was paralyzed after falling through a roof skylight.
• Mediated a sexual assault case brought against an international hotel chain.
• Arbitrated a matter involving alleged defective exercise equipment in a recreational facility in which an individual was seriously injured.
• Arbitrated and mediated multiple motor vehicle accident cases. 
• Mediated a matter involving alleged defective office furniture in which an individual was seriously injured.
• Mediated a matter involving an alleged assault and battery of a customer at a bar, in which the customer was seriously injured.
• Mediation of a case in which a pedestrian was seriously injured by the driver of a commercial truck.  
• Professional Liability

Both as a lawyer and a judge, Judge Brewer has substantial experience in professional liability cases, including cases asserting professional liability claims against physicians, lawyers, architects, engineers, nurses, and dentists.

Representative ADR Matters

• Chaired a tripartite arbitration panel in a legal malpractice case involving alleged professional negligence, a conflict of law, and a dispute over attorney’s fees.
• Mediated a medical malpractice case alleging negligent surgical procedures.
• Mediated a dental negligence case.
• Arbitrated a case in which a law firm alleged a breach of contract claim against a former client for failure to pay legal fees and expenses.  
• Mediation of a dispute between a former employee of a medical practice who left the medical practice to start a competing medical practice. 

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS

Honors

• Harvard Law Society of Illinois Role Model Award, 2018
• Harvard Law School Wasserstein Public Interest Fellow

Selected Speaking Engagements

• Practicing Law Institute, Settlement and Mediation of Class Action Litigation, May 2021
• JAMS CLE, Special Considerations in Title IX, June 2018
• Cook County CLE Monthly Seminar Series, Illinois Tort Immunity Defenses, July 2018
• Thomson Reuters Web Seminar, “Review of the Current State of E-Discovery Dispute Resolution,” 2017
• Chicago Bar Association, “Preparing For and Participating in Mediation and Settlement Conferences in Labor and Employment Cases,” 2017
• Harvard Law Society of Illinois Speaker, 2016
• Lesbian & Gay Bar Association of Chicago Speaker, 2016
• Jones Day Judges Panel Speaker, 2015
• Chicago Bar Association, “Motion Practice in Cook Country,” 2015
• Chicago Law Bulletin Judges’ Symposium, “Settlement is an Art,” 2014
• Cook County CLE Seminar Series, “Social Media and Discovery,” 2014
• Illinois Trial Lawyers Association Ethics and Professionalism Seminar, “Perspective from the Bench: Moving Cases Along & Avoiding Unnecessary Delays,” 2013
• Chicago Bar Association, “Know Your Audience, Practice Tips from Judges,” 2013
• Chicago Bar Association, “Case Management as a Cure for Undue Cost & Delay,” 2013

Certifications

• National Judicial College, Civil Mediation Certification, 2014

Recent Professional Activities

• Illinois Judges Association
• Alliance of Illinois Judges
• Chicago Park District youth sports instructor and advisor to community youth sports organization
• National Senior Games Association

Background and Education

• Judge, Cook County Circuit Court, Chicago, Illinois, 2002-2016
• Law Division Motion Judge, 2009-2016
• Domestic Relations Judge, 2003-2009
• Municipal Division Judge, 2002-2003
• Chief Counsel to the President of the Cook County Board of Commissioners, 1994-2002
• Key policy advice areas included:
• Construction of Cook County Hospital
• Consumer fraud
• Employment policy and litigation
• Excessive force, Cook County Sheriff and Cook County Jail, Juvenile Justice
• Predatory lending
• Public utilities/telecommunication
• Taxation
• Assistant Corporation Counsel, City of Chicago, 1988-1994
• Federal civil rights litigation, employment, labor, excessive force, First Amendment and other constitutional issues
• Jenner & Block, Associate, Corporate Litigation, Chicago, Illinois, 1987-1988
• Harvard Law School, J.D. cum laude, 1987
• University of Chicago, Ph.D., 1984
• Loyola University of Chicago, M.A. with honors, 1974
• LeMoyne College, B.A. with honors, 1973