Donald M. Lewis, Esq., joins JAMS following a distinguished career as co-founder and shareholder of Nilan Johnson Lewis in Minneapolis, where his practice focused on complex employment litigation and internal investigations. Business entities and government agencies frequently engaged Mr. Lewis to lead sensitive, high-profile investigations, often involving allegations of executive fraud or other misconduct. His practice also included white collar criminal defense, health care litigation and alternative dispute resolution.

Mr. Lewis began his career at the U.S. Department of Justice. He was a trial attorney in the Civil Rights Division in Washington, D.C., before serving as an assistant U.S. attorney in Minneapolis. During a five-year break from private practice, he served as dean of Hamline University School of Law. As a board member in the health care sector, he was board and governance chair for HealthPartners and governance chair for Park Nicollet Health Services.

Throughout his career, Mr. Lewis has resolved critical and sensitive predicaments, often in public view, and his reputation has given credibility to the solutions he has crafted. As both an advocate and mediator, he has promoted early negotiated solutions as offering the best chance for maintaining business relationships, restoring faith in institutions and improving personal well-being. 

Representative Matters

During his first year as a JAMS neutral, Mr. Lewis has resolved disputes involving breach of non-compete agreements, wrongful terminations, personal injury claims, special education plans, and state regulatory actions.  His path to success as a mediator derives from extensive experience as an advocate across a broad range of practice areas.

• Employment Law
• Mediated wrongful termination and retaliation claims brought by president of plumbing equipment subsidiary against foreign-based parent company.
• Mediated discriminatory discharge, harassment and retaliation claims asserted by academic department chair of state university.
• Mediated breach of contract claims by major healthcare insurer arising from violations of non-compete provisions by former executive.
• Mediated Title VII and state law discrimination and defamation claims brought by former executive against major medical device manufacturer.
• Mediated Title VII and state law discriminatory discharge claims against major city department.
• Negotiated conciliation agreement with EEOC resolving nationwide age discrimination claims against leading retailer.
• Represented major defense and aerospace manufacturer against discrimination and retaliation claims brought by former corporate counsel. 
• Represented staffing and outsourcing firm and its executives in settlement of breach of non-compete, trade secret misappropriation, and attorney professional misconduct claims. 
• Represented leading national bank in wrongful discharge action alleging violations of Federal Deposit Insurance Act’s criminal background check requirements. 
• Represented leading retailer in Title VII class action and pattern and practice race discrimination cases in Milwaukee and Philadelphia.
• Represented worldwide delivery company in federal jury trial to verdict in ADA disability discrimination case.
• Represented consumer tools manufacturer in federal jury trial to verdict in a Title VII and state law retaliation and whistleblower case.
• Represented major insurance company seeking federal court injunction enforcing non-solicitation clause against former chief operating officer.
• Represented major insurance company in federal jury trial to verdict in Title VII race discrimination and state law defamation action brought by former legal officer.
• Represented major defense and aerospace manufacturer in False Claims Act whistleblower cases.
• Resolved scores of other Title VII, ADA, and ADEA discrimination and state law retaliation, whistleblower, and defamation claims on behalf of corporate and government employers through mediated settlement agreements.
• Labor
• Managed investigation of compliance with OSHA protocols at public university research facility following fatal Covid-19 outbreak.
• Managed voluntary union recognition and subsequent negotiation of collective bargaining agreements for two non-profit organizations.
• Supervised union recognition election and mediated collective bargaining agreement for building maintenance companies serving leading retailer.
• Education and Civil Rights
• Mediated claims brought by parents under the Individuals with Disabilities Education Act regarding inadequacies in IEP for child.
• Mediated claims brought by educational consultant against state education agency asserting discrimination and retaliation in contracting decisions.
• As law school dean, executed major responsibilities of academic administration in coordination with university, including strategic planning, management of faculty and staff, and external advocacy for professional programs, including a top-rated institute in dispute resolution.
• Represented major public school districts in First Amendment and government data practices litigation.
• Advised leading public school district on school desegregation matters and state education finance equity litigation.
• Advised city governments and land grant university regarding minority contracting policies.
• Represented city public housing authority in a Title VIII systematic public housing segregation litigation.
• Served as lead counsel for federal government in higher education desegregation cases in Louisiana, Mississippi and North Carolina.
• Represented federal government in asserting Title IX sex discrimination claims against public university corps of cadets resulting in admission of female students to marching band.
• Represented federal government in obtaining injunctive relief preventing public university’s expulsion of Iranian students.
• Investigations
• Conducted independent review for major contemporary art center regarding acquisition, display and removal of controversial sculpture in public park.
• Conducted inquiry for land grant university regarding electronic disclosure of protected information by governing board members.
• Represented prominent author and performer in response to “Me-Too” allegations of sexual harassment.
• Appointed by county district attorney as special prosecutor in investigation of widely publicized fatal shooting of citizen by municipal police officer.
• Conducted several investigations on behalf of major city arising from claims of police misconduct, including use of excessive use, inadequate response to citizen complaints, and inadequate police discipline.
• Served as general counsel to task force formed by Catholic archdiocese to review policies related to child sexual abuse by clergy.
• Led investigation by city of fatal landside in regional public park with focus on city knowledge of landslide risks.
• Conducted investigation on behalf of land grant university regarding allegations of academic fraud in men’s basketball program, including presentation of findings to NCAA infractions committee.
• Supervised audit of contracting practices for state departments of administration and transportation.
• Conducted numerous workplace misconduct investigations involving executive-level employees for business entities, non-profit organizations, and educational institutions.
• Business and Commercial
• Mediated dispute between iron foundry and state environmental regulators arising from administrative order forcing compliance with air emission standards.
• Mediated commercial lease dispute between regional theater and non-profit community center.
• Represented leading retailer in companion class actions brought under the Fair Credit Reporting Act alleging violations of disclosure requirements for background checks.
• Product Liability
• Mediated personal injury claim arising from fetal remains misplaced by hospital and funeral home.
• Represented worldwide chemical producer in mass-tort lead paint litigation. 
• Supervised representation of leading automotive company against consumer claims and property damage subrogation actions, including appellate proceedings on economic loss doctrine.
• Represented major chemical producer in mass-tort asbestos property damage actions, including jury trial of claims brought by regional federal reserve bank.
• Health Care
• As chair of board and committees on governance and quality for large healthcare provider and insurer, presided over integration of merged hospitals and clinics, led CEO search, and supervised board review of measures of quality and equity in healthcare delivery. 
• Conducted review for county healthcare provider regarding EMS use of ketamine during arrests by city police officers.
• Represented major public university on multiple occasions in responding to federal grand jury investigations of fraud and kickback schemes by affiliated healthcare professionals.
• Represented pharmaceutical company in pricing fraud litigation brought by state attorney general.
• Represented major healthcare provider and insurer in federal district court and appellate proceedings involving subrogation practices.

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Member, American Employment Law Council, 2004–2023
• Co-Founder and Member, Minnesota Association of Black Lawyers, 1995–2023
• Member, Board of Governors, National Bar Association, 1992–1995
• Member, National Association of College and University Attorneys, 1996–2023
• Member, National Employment Law Council, 1998–2023
• Member and Chair of Board of Directors, AMICUS, 1993–2007
• Member, Monitors Club, 2000–2023
• Member, Governance Chair and Chair of Board of Directors; HealthPartners, 2013–2018
• Member; Governance Chair, Board of Directors; Park Nicollet Health Services; 2008–2013
• Member, Sigma Pi Phi, Omicron Boule, 1999–2023
• Member, Advisory Board, University of Minnesota Health Law and Life Sciences Joint Degree Program, 2005–2008
• Member, Board of Trustees, William Mitchell College of Law, 2006–2008

Selected Awards and Honors

• Richard Sheppard Arnold Award for Distinguished Service, U.S. Court of Appeals for the Eighth Circuit, 2023
• Profiles in Courage, Minnesota Association of Black Lawyers (MABL), 2018
• Outstanding Director, HealthPartners Board of Directors, Twin Cities Business, 2018
• Fellow, American College of Trial Lawyers, American Law Institute and American Bar Foundation
• Honoree, National Black Prosecutors Association Founder’s Award, 2011
• Honoree, Minnesota Super Lawyers, 1997–2007, 2017–2024
• Attorney of the Year, Minnesota Lawyer, 2000

Background and Education

• Founding Shareholder and Senior Attorney; Nilan Johnson Lewis PA; 1996–2023
• Dean, Hamline University School of Law, 2008–2013
• Shareholder and Senior Attorney, Popham Haik Schnobrich & Kaufman, 1988–1996
• Assistant U.S. Attorney, District of Minnesota, 1982–1988
• Trial Attorney, U.S. Department of Justice, Civil Rights Division, 1978–1982
• J.D., Harvard Law School, 1978
• B.S., Journalism, With Distinction, Northwestern University, 1975