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Law Professional

P: (317) 238-6236
F: (317) 636-1507
E: erussell@kdlegal.com

Carmel Office
12800 North Meridian Street
Suite 300
Carmel, IN 46032-9422

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Practice and Industry Teams

Elizabeth G. Russell

Partner

Elizabeth Russell joined Krieg DeVault in 1988 and is a member of the firm's Litigation, Employment Law and Health Care Practice Groups. She concentrates her practice primarily in employment, health care and commercial litigation in state and federal courts and before administrative agencies. She has practiced before the EEOC, Indiana Civil Rights Commission, Indiana Worker's Compensation Board, Indiana Department of Workforce Development, Indiana and United States Departments of Labor, National Labor Relations Board and various state professional licensing boards.

Ms. Russell has overseen various federal on-site audits conducted by the United States Department of Labor and the United States Department of Homeland Security—Immigration and Customs Enforcement Division. Her experience includes cases dealing with such federal issues as compliance with Executive Order 11246, Title VII, Section 1981, ADA, the Rehabilitation Act, FMLA, FLSA, ADEA, and NLRA. She has also dealt with various state statutes and the enforcement and defense of restrictive covenants at the preliminary injunction and trial stages. She works with public and private sector employers in all industries.

Ms. Russell advises clients as to all federal, state and local employment law regulations and statutes, as well as providing employment and risk management counseling. She served as the Chair of the firm's Employment Law practice group for eight years, Chair of the firm's Associates Committee for five years, and currently serves as Chairman of the firm’s Professional Opportunities Committee (lateral hires). Prior to joining Krieg DeVault, Ms. Russell had a civil practice in Louisville, Kentucky for five years where she represented clients in state and federal court. She still maintains her Kentucky license.

Representative Experience

  • On remand, successfully prosecuted ADA case to jury after summary judgment overturned on appeal before the Seventh Circuit Court of Appeals (Branham v. Snow, 392 F.3d 896 (7th Cir. 2004).
  • Successfully appealed and overturned summary judgment on violation of Indiana Wage Claims Act (Wells Fargo Ins., Inc. v. Land, 932 N.E.2d 195 (Ind. Ct. App. 2010)).
  • First Chaired defense of numerous discrimination cases involving Title VII, ADA, FMLA, FLSA, achieving summary judgments on same or settlement prior to trial.
  • Represented long-term care facility in defense of audit conducted by U.S. Department of Labor and the OFCCP and successfully settled resulting charges of discrimination.
  • Represented ambulance service in United States Department of Labor audit and successfully settled resulting charges of FLSA violation. Assisted engineering company and federally chartered financial institutions holding federal contract in formulating Affirmative Action Plans
  • Drafted numerous employment contracts and severance agreements
  • Assisted major furniture manufacturer with reduction in force and WARN compliance following closing of three plants
  • Authored employment policies and employee handbooks for financial institutions, hospitals, medical practices, benefit consulting firm, insurance company and wholesale grocery store distributor
  • Defended and prosecuted numerous non-compete, non-solicitation, confidentiality agreement and trade secret cases with respect to sales of insurance and employee welfare benefits, financial services, packaging and container products, agricultural products, convention booth set-ups and tear-downs and the provision of medical services
  • Assisted in multi-million dollar class action involving significant property damage caused by sewer explosion

Education

  • Indiana University Robert H. McKinney School of Law in Indianapolis, Indiana (J.D., 1983)
  • DePauw University, Greencastle, Indiana (B.A., cum laude, 1979)

Bar Admissions

  • Indiana, 1988
  • U.S. District Court for the Northern District of Indiana, 1988
  • U.S. District Court for the Southern District of Indiana, 1988
  • U.S. Court of Appeals 7th Circuit
  • Kentucky, 1983
  • U.S. District Court for the Eastern District of Kentucky, 1983
  • U.S. District Court for the Western District of Kentucky, 1983

Professional Associations

  • Kentucky Bar Association-Member
  • Indianapolis Bar Association-Member and Past Chair, Litigation Section
  • Indiana State Bar Association-Member
  • Seventh Circuit Bar Association- Member; Past Governor on Board of Governors; and Past Chair, Facilities and Arrangements for annual joint meeting with judicial conference
  • Indianapolis Law Club-Past President
  • Sagamore American Inn of Court-one of founding Members; Executive Committee; and Past President, Vice President, and Membership Chair
  • Character & Fitness Committee for Application to Indiana Bar, Indiana Supreme Court-Member
  • Indianapolis Bar Foundation-Member, Co-Chair Marketing Committee, Past Counsel to Board

Awards and Recognitions

  • Distinguished Fellow, Indianapolis Bar Foundation

Seminars and Presentations

  • "A Medical Practice Workshop - Best Practices for Managing Change", Krieg DeVault, IMGMA and IHFMA, November 2012
  • Instructor in trial advocacy, National Institute of Trial Advocacy
  • Avoiding Sexual Harassment, Staff of Terre Haute Regional Hospital
  • How to Avoid Litigation by Potential/Current Employers, Community Bankers Association of Indiana
  • The Top 10 Employment Law Mistakes for General Practitioners, Indianapolis Bar Association and Association of Corporate Counsel
  • Sexual Harassment/Gender Equity, Treasury Management Association of Indiana
  • Staying Ahead of the Free Choice Act
  • FMLA: Where We Have Been and Where We Are Going, Midwestern Association of State Mental Health Organizations
  • FMLA Update, Council on Education and Management
  • Avoiding Sexual Harassment, Wishard Health Services
  • Lender Liability - Theories of Liability, Case Law and Litigation Consideration, Lorman
  • Preventing Sexual Discrimination and Harassment, ITT Educational Services, Inc.

Publications

  • "Americans With Disabilities Act Title 42, Chapter 126: Commentaries and Statutes", National Trial Advocacy Publication, 2005
  • "Sexual Comments, Behavior Create Minefield in the Health Care Setting", ED Legal Letter, Vol. 20, No. 4 (April 2009), published by AHC Media LLC