Hon. Eileen M. Brewer (Ret.)
Hon. Eileen M. Brewer (Ret.) has nearly ten years of experience serving as a mediator and arbitrator at JAMS, where she is known for efficiently managing complex, high-stakes disputes across a wide range of practice areas. Since joining JAMS, Judge Brewer has mediated and arbitrated hundreds of matters, drawing on her deep understanding of litigation risk, judicial decision-making, and effective dispute resolution to help parties achieve practical and durable outcomes.
Prior to joining JAMS, Judge Brewer built nearly 30 years of legal experience as both a judge and an attorney. During her 14 years as an Illinois state court judge, she presided over thousands of matters at the pretrial and trial stages and mediated more than 1,000 cases involving a broad array of legal issues. Throughout her judicial career, bar associations and practitioners consistently praised her scholarship, first-rate legal ability, strong work ethic, and outstanding judicial temperament.
As an arbitrator at JAMS, Judge Brewer actively and thoughtfully manages her cases to provide parties with a fair, flexible, and cost-effective alternative to litigation. She carefully reviews written submissions and cited legal authorities, provides opportunities for oral argument where appropriate, and issues prompt, well-reasoned orders and awards that clearly explain her factual findings and legal analysis. As a mediator, she quickly identifies the key legal and factual issues, evaluates the strengths and weaknesses of each side’s position, diffuses emotionally charged disputes, and earns the trust of both clients and counsel. She is widely recognized for her ability to resolve matters that parties often view as unresolvable.
Representative Matters
- Business Commercial
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has substantial experience resolving complex business and commercial disputes, including matters involving breach of contract and contract interpretation, fraud, partnership disputes, non-compete agreements, construction defects, condominium and property damage disputes, and real estate transactions.
Representative ADR Matters
- Arbitrated a dispute between telecommunications companies involving an asset purchase agreement in which the buyer alleged that the seller made false representations and concealed critical facts about the company.
- Mediated a dispute between pharmaceutical companies concerning enforcement of a manufacturing and supply agreement for pharmaceutical products and alleged patent infringements.
- Arbitrated a dispute involving the formation and subsequent dissolution of two financial trading groups, including claims for breach of the implied covenant of good faith and fair dealing, enforcement of non-compete agreements, breach of contract, conversion, and breach of fiduciary duty.
- Selected to arbitrate a matter involving a medical technology corporation in which the founder, chief technology officer, and chief operating officer alleged breach of contract, breach of fiduciary duty, and violations of a whistleblower statute.
- Arbitrated a dispute between a professional sports team and a contractor arising from alleged failure to pay for marketing and professional services.
- Served as a member of a tripartite arbitration panel in a dispute between health insurance providers involving claims of breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment.
- Mediated a dispute between a manufacturer and a service provider involving allegations of failure to perform services and failure to pay for goods and services.
- Arbitrated a dispute between a lienholder and a law firm involving enforcement of a loan agreement.
- Arbitrated a matter in which a law firm asserted breach of contract claims against a former client for failure to pay legal fees and expenses.
- Arbitrated multiple matters involving claims of breach of contract, consumer fraud, deceptive practices, and false advertising brought against for-profit educational institutions.
- Mediated a breach of contract dispute between a large retail corporation and an apparel manufacturer in India arising from cancellation of a pending purchase order due to COVID-19.
- Arbitrated a dispute between franchisees and a franchisor involving wireless services and products.
- Arbitrated breach of contract and consumer fraud matters involving cancellation of travel due to COVID-19.
- Mediated a dispute between an insurance company and a cybersecurity technology company arising from a ransomware attack.
- Arbitrated multiple disputes between corporations operating online platforms and users of those platforms.
- Mediated a copyright and trademark infringement dispute involving a licensing agreement between an artist and distributors.
- Arbitrated a dispute between an online dating platform and a user involving claims of breach of contract, privacy violations, and the Federal Communications Decency Act (CDA).
- Arbitrated breach of contract matters brought by property owners against solar energy companies alleging construction defects.
- Mediated a dispute between construction companies involving an asset purchase agreement and alleged failure to transfer assets.
- Arbitrated a dispute brought against a cryptocurrency exchange involving allegations of consumer fraud and negligence.
- Mediated a dispute between a former employee and a medical practice arising from the employee’s departure to establish a competing medical practice.
Business Commercial Consumer Matters
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving complex consumer disputes involving federal and state statutory frameworks and emerging technologies.
Representative ADR Matters
- Arbitrated numerous consumer actions alleging violations of the Telephone Consumer Protection Act (TCPA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA), Electronic Funds Transfer Act (EFTA), Fair Debt Collection Practices Act (FDCPA), and various state consumer protection statutes.
- Selected to arbitrate cases brought by borrowers against a car title loan corporation involving alleged violations of state consumer finance laws, unfair and deceptive trade practices statutes, and usury laws.
- Arbitrated multiple matters asserting claims of consumer fraud, deceptive practices, and breach of contract against for-profit educational institutions.
- Mediated a consumer fraud action against an automobile dealership.
- Arbitrated matters alleging violations of state consumer fraud statutes arising from online vehicle purchases.
- Mediated cases involving alleged violations of the Illinois Biometric Information Privacy Act (BIPA) and other privacy-related claims.
- Mediated a sexual assault matter against an international hotel chain involving consumer fraud allegations and tort claims.
- Mediated a dispute brought by a student against a university alleging violations of Title IX, consumer fraud, and negligence.
- Arbitrated consumer fraud and breach of contract disputes involving cancellation of travel due to COVID-19.
- Arbitrated a matter brought against a cryptocurrency exchange alleging consumer fraud and negligence.
- Civil Rights
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience handling civil rights matters, including cases involving excessive force, police shootings, false arrest, malicious prosecution, wrongful death, wrongful conviction, First Amendment claims, and hate-based conduct. She has resolved numerous multi-million-dollar civil rights disputes involving municipalities and other governmental entities.
Representative ADR Matters
- Mediated a civil rights action against governmental entities involving allegations of wrongful conviction, police misconduct, false imprisonment, conspiracy, and federal due process violations.
- 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 action against a municipality arising from a high-speed police pursuit that resulted in a fatality and catastrophic injuries.
- Class Action & Mass Tort
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving class actions and complex multi-party litigation, including matters involving governmental entities, employment practices, privacy, and health-related claims.
Representative ADR Matters
- Mediated multiple class actions against streaming services alleging violations of the Video Privacy Protection Act (VPPA) and state privacy statutes.
- Mediated a class action against an online entertainment platform involving alleged disclosure of users’ private information.
- Mediated a class action against an online dating platform alleging violations of the Illinois Biometric Information Privacy Act (BIPA) and other privacy statutes.
- Mediated Illinois Biometric Information Privacy Act (BIPA) class actions involving factories, retail operations, and other businesses.
- Mediated a multi-claimant action alleging wage and hour violations under the Fair Labor Standards Act (FLSA), as well as claims of sexual harassment.
- Mediated and arbitrated claims arising under the Armstrong World Industries Asbestos Trust.
- Arbitrated numerous banking-related matters in mass arbitration proceedings.
- Construction
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving construction-related matters, including disputes involving construction defects, general contractor and subcontractor relationships, bidding disputes, change orders, workmanship issues, defective fabrication, and design claims. As an attorney, she also worked on legal matters related to the construction of the John H. Stroger, Jr. Hospital of Cook County.
Representative ADR Matters
- Chaired a tripartite arbitration panel in a dispute involving alleged construction defects at a municipal wastewater and water treatment facility.
- Arbitrated breach of contract disputes brought by property owners against solar energy companies alleging construction defects.
- Mediated a dispute between a manufacturer and a service provider involving allegations of failure to perform services and failure to pay for goods and services.
- Mediated a dispute between construction companies involving an asset purchase agreement and alleged failure to transfer assets.
- Cybersecurity & Privacy
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience handling cybersecurity and privacy disputes, including matters involving cybersecurity incidents, biometric data, online platforms, and regulatory compliance.
Representative ADR Matters
- Mediated multiple class actions against streaming services alleging violations of the Video Privacy Protection Act (VPPA) and state privacy statutes.
- Mediated a class action against an online entertainment platform involving alleged disclosure of private user data.
- Mediated a class action against an online dating platform alleging violations of the Illinois Biometric Information Privacy Act (BIPA) and other privacy laws.
- Mediated a dispute between an insurance company and a cybersecurity technology company arising from a ransomware attack.
- Mediated Illinois Biometric Information Privacy Act (BIPA) matters and other privacy-related disputes.
- Arbitrated a dispute between an online dating platform and a user involving privacy and breach of contract claims.
- Arbitrated a dispute between a consumer and an online apparel retailer alleging violations of the California Invasion of Privacy Act (CIPA), statutory larceny, and intrusion upon seclusion.
- Arbitrated a matter brought by an employee against an employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
- Employment Law
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving employment law matters, including claims involving discrimination based on race, sex, religion, age, sexual orientation, national origin, political affiliation, and disability, as well as retaliation, wage and hour disputes, whistleblower claims, restrictive covenants, and executive employment matters.
Representative ADR Matters
- Arbitrated numerous age discrimination matters brought against an international technology corporation.
- Arbitrated an age discrimination and retaliation matter brought by a senior executive against a Fortune 500 corporation.
- Arbitrated a dispute brought by a senior executive against a revenue recovery corporation involving alleged breach of an employment agreement, retaliatory termination, violations of a whistleblower statute, and violations of the Illinois Wage Payment and Collection Act (IWPCA).
- Arbitrated a wrongful discharge claim brought by a physician against a hospital employer.
- Mediated claims alleging racial discrimination, sexual harassment, sex discrimination, and retaliation within a law firm.
- Arbitrated a retaliatory discharge claim brought by a senior vice president against a Fortune 500 corporation.
- Arbitrated a dispute between a mortgage lender and a former employee involving breach of contract, misappropriation of trade secrets, tortious interference, and breach of fiduciary duty.
- Arbitrated an employment discrimination matter brought by a senior executive against a telecommunications corporation involving allegations of race and sex discrimination, hostile work environment, and retaliation.
- Arbitrated wage and hour disputes against a large restaurant chain alleging violations of the Fair Labor Standards Act (FLSA) and state law.
- Arbitrated a disability discrimination matter involving failure to accommodate, hostile work environment, and wrongful discharge claims.
- Mediated a multi-claimant action against a restaurant chain involving sexual harassment, Fair Labor Standards Act (FLSA) claims, and violations of the Illinois Equal Pay Act (IL EPA).
- Arbitrated an employment discrimination dispute alleging violations of the Illinois Equal Pay Act (IL EPA) and Illinois Human Rights Act (IHRA).
- Selected to arbitrate a whistleblower retaliation matter brought under the Federal False Claims Act (FCA).
- Arbitrated an employment discrimination case involving allegations of sexual orientation discrimination, retaliation, whistleblower statute violations, and workers’ compensation claims.
- Arbitrated disputes involving alleged breaches of non-solicitation and non-competition agreements.
- Mediated a retaliatory discharge and wage payment dispute involving unpaid commissions.
- Arbitrated employer claims alleging breach of contract and unjust enrichment against former employees.
- Selected to arbitrate a dispute between a bank and former employees involving alleged solicitation of employees.
- Arbitrated a matter involving alleged breach of contract arising from unpaid sales commissions.
- Arbitrated employment matters involving alleged violations of the Illinois Biometric Information Privacy Act (BIPA).
- Governmental & Public Agency
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving governmental and public agency matters, including civil rights cases; class actions against governmental entities; employment-related disputes; claims involving dangerous conditions on public property arising from design and/or maintenance defects; contractual disputes between governmental entities and public utilities and telecommunications companies; wrongful death and serious injury claims involving public entities; and matters involving public schools.
Representative ADR Matters
- Mediated matters involving removal of children from their parents by state child welfare agencies.
- Mediated a dispute between a municipality and a senior living facility involving alleged nonpayment of utility charges.
- Mediated civil rights actions against governmental entities alleging excessive force, false arrest, malicious prosecution, police misconduct, wrongful death, and wrongful conviction.
- Higher Education & Title IX
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving matters involving sexual misconduct, sexual assault, sexual harassment, sexual abuse, disciplinary issues, and disability claims across a broad range of institutions, including schools, colleges and universities, public and private social service agencies, foster care and adoption agencies, and religious institutions.
Representative ADR Matters
- Served as a College and University Title IX external adjudicator and appeal officer in more than two dozen sexual misconduct, sexual assault, sexual harassment, and sexual abuse matters.
- Designated as a neutral for the U.S. Center for SafeSport, which oversees athlete safety matters across the U.S. Olympic Committee’s 47 National Governing Bodies.
- Served as a neutral in SafeSport proceedings involving emotional, physical, and sexual misconduct claims concerning minors.
- Mediated a dispute brought by a student against a university alleging Title IX violations, consumer fraud, and negligence.
- Mediated a dispute involving alleged Title IX retaliation asserted by a healthcare provider against a university.
- Arbitrated multiple disputes involving allegations of breach of contract, fraud, deceptive practices, and false advertising against for-profit educational institutions.
- Personal Injury
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving personal injury and tort matters, including wrongful death; catastrophic injury and burn claims; medical and dental malpractice; nursing home matters; industrial and construction accidents; premises liability; sexual abuse; defamation; automobile, truck, and railroad accidents; and product liability claims involving medical devices, pharmaceuticals, motor vehicles, sports equipment, and tools. She has resolved and managed hundreds of these matters.
Representative ADR Matters
- Mediated a medical malpractice and product liability matter involving alleged off-label use of a medical device, brought against a hospital, multiple physicians, and a multinational medical device corporation.
- Mediated a lead poisoning matter.
- Served on a tripartite arbitration panel in a premises liability case involving catastrophic injuries resulting from a fall through a roof skylight.
- Mediated a sexual assault matter involving an international hotel chain.
- Arbitrated matters involving alleged defective recreational and exercise equipment.
- Arbitrated and mediated motor vehicle accident disputes.
- Mediated a dispute involving alleged defective office furniture.
- Mediated a matter involving alleged assault and battery at a commercial establishment.
- Mediated a pedestrian injury matter involving a commercial vehicle.
- Professional Liability
Drawing on her experience as a neutral, judge, and attorney, Judge Brewer has extensive experience resolving professional liability matters involving healthcare providers, legal professionals, and design professionals.
Representative ADR Matters
- Chaired a tripartite arbitration panel in a legal malpractice matter involving alleged professional negligence, conflict-of-law issues, and a dispute over attorneys’ fees.
- Mediated medical malpractice claims involving alleged negligent surgical care.
- Mediated dental malpractice matters.
- Arbitrated breach of contract disputes between law firms and former clients concerning unpaid legal fees.
- Mediated disputes involving physicians leaving medical practices to establish competing practices.
- Arbitrated a wrongful discharge claim brought by a physician against a hospital employer.
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
- Key policy advice areas included:
- 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
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