The Docket - April 2020

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 27 No. 4 • April 2020

Hello Spring!

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Contents THE DOCKET • Vol. 27, No. 4 • April 2020

FEATURES 12 Federal Judges Dispense some Needed Perspective for our Profession During the Pandemic

BY JEFF BERMAN

16 Pandemically Challenged: Teleworking in COVID-19 and what you need to Know

A publication of the

BY JEFFERSON W. FISHER

18 Offense and Defense in Intellectual Property: 300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Hon. Daniel L. Jasica Sarah A. Kahn Kevin K. McCormick Hon. Raymond J. McKoski Tracy M. Poulakidas Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor STAFF Dale Perrin Executive Director Jose Gonzalez Membership Coordinator Katherine Montemayor Office Manager

AD SIZE 1/8 Page 1/4 Page 1/2 Page Full Page Inside Front or Inside Back Cover

Back Cover

ONE ISSUE

6 ISSUES

BY JANE BERMAN

COLUMNS 2 President’s Page Coronavirus: An Opportunity

BY STEPHEN J. RICE, PRESIDENT

4 The Chief Judge’s Page Changes in the Judiciary

24 The Meeting Minutes January 23, 2020

BY TARA R. DEVINE, SECRETARY

26 In the Director’s Chair

Life Goes On

BY DALE PERRIN, EXECUTIVE DIRECTOR

LCBA EVENTS

IFC 2019 LCBA Office Rental Pricing 7 The Calendar of Events 7 New LCBA Members 7 Grapevine 9 Membership Luncheons 10 Home Office Stories 21 Lawyer Referral Service 25 Golf Outing 28 Monthly Committee Meetings BC Member Reception

BY CHIEF JUDGE DIANE WINTER

6 Bar Foundation

The 100th Year Anniversary of the Movement that Started 200 Years Ago

BY NICHOLAS A. RIEWER, PRESIDENT

8 Monthly Case Report

12 ISSUES

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Coronavirus: An Opportunity

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OVID-19 (is there another way to start this President’s Page?!) has had wide-ranging effects on our society

2019-2020 OFFICERS & DIRECTORS Stephen J. Rice President Hon. Patricia L. Cornell First Vice President Joseph M. Fusz Second Vice President Kathleen Curtin Treasurer Tara R. Devine Secretary Brian J. Lewis Immediate Past President Hon. Christen L. Bishop Katharine S. Hatch David R. Del Re Thomas A. Pasquesi Dwayne Douglas Daniel Hodgkinson

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already, but one salutary effect has been the many positive messages and songs that people have shared on platforms such as YouTube and Facebook.

Two of my favorites are footnoted.1 In that vein, this column seeks to look on the bright side, even though I know many of us are facing a lot of bleakness. (Cf., home schooling?!)

I believe that this COVID-19 crisis, to the extent it does not kill us or our firms, presents us with 1

Two favorites: (1) Chris Thile’s #livefromhome series, including his contribution here: https://youtu. be/Qiija5dBBIw; (2) Our very own Sheriff’s Office’s Daniel August and his various musical contributions, including this perfect contribution, which will make you smile within the first 10 seconds, guaranteed. Thank you Danny! https://www.facebook. com/daniel.august2/videos/10221396734494003/

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unique opportunities to expand our technological horizons. This is doubtless an opportunity that you have also seen materialize over the last few weeks.

Exhibit 1: I had not even heard of “Zoom” until several weeks ago. (And I am fairly high on the tech food chain—as I like to tell my wife when I’m spending her money: “sorry dear, I buy pedestrian cars, but Ferrari laptops!”). In the survey that the LCBA sent out in the week of March 30, 75% of the respondents reported that they had used the free version of Zoom. If the survey had occurred two weeks earlier, my guess is that the response would have been under 10%.

It is no small secret that we attorneys are technologically challenged—particularly those of us who work in small firms (and the largest Lake County-based law firm

BY STEPHEN J. RICE PRESIDENT qualifies as a small firm).

Although almost all of us sit in front of a computer for much of the day, most of us have a fairly basic level of tech adoption.

You likely think that I am talking only about the older (sorry: “more experienced”) attorneys among us. I am not. Each summer my office gets a large influx of college and law student interns. These students tend to be very good at using phone apps, or more accurately: certain phone apps. But we often mistake the use of a phone or tablet’s touchscreen as “technological savvy.”

For example, how often have you seen new parents marvel at how their very young child interacts with a touchscreen, as if the child is Einstein because the child enjoys the visual feedback such a screen imparts and can quickly learn to trigger certain

functions? Remember, only in Lake Wobegon are all of the children above average.

But back to the Einsteins who work in our office: when you put these students in front of the real productivity tools of the modern world—Microsoft Word, for example, or even an internet browser, with its myriad functions that most of us do not use— many in the younger generation are not appreciably savvier than we old folks.

Sorry, “experienced.”

So back to our old friend COVID-19 and the opportunity it has thrust upon us. In the last several weeks, I have witnessed a rate of technological adoption in our local legal community that is faster than I’ve ever seen it occur in my 15 years of practice. Indeed, the “adoption rate” aside, some of what has occurred in the last few weeks would likely have taken 15 years in normal times! A very bad analogy would be to say that tech adoption is currently spreading like a virus. (Don’t worry folks, I’m only here as your President until June! I think!)

In my Civil Division of the State’s Attorney’s Office, our files have been cloud-based for the last two years, and we all have laptops, and the laptops have Skype for Business and Microsoft Teams installed. The implementation of our cloud service over the last two years caused my colleagues to utter many indelicate words (in the Civil Division: “gosh darn it” and “phooey!” among others). It is currently an absolute godsend, however. And both Skype and Teams, which most

of us had never previously used, are great tools that are making our daily practice easier and information sharing better.

These same tools, or others like them, could be used in our court system (and by the time you read this, they will be in use, at least partially).2 Let me pivot to write briefly about the adoption of such tools in our courtrooms. On the one hand, some attorneys are veritably screaming for them to be implemented (particularly in civil cases). That was made clear through our recent survey. But the survey also made clear that the adoption of these tools may drive some attorneys out of the practice of law.

Courts, like attorneys, are not exactly cutting-edge technology adopters. This is understandable because one big group of “customers” that a court system serves are the attorneys working in it, and if the “customers” aren’t demanding a Mercedes S-Class, then a Chrysler K-Car they shall get!

But a court system is also a much more complex enterprise than it may seem from a practitioner’s perspective, and it must balance the interests of attorneys and litigants in

civil and criminal courtrooms, which have very different needs and interests, and, oh, by the way, e.g., the Constitution. A court system is actually a bureaucracy within a bureaucracy within another bureaucracy (I’ll stop, but there are at least two more). IT departments are themselves are additional layer, and one that is far too easy to take for granted. Our IT professionals have to balance implementing tools for us, while at the same time protecting us and our institutions against ourselves— and yes, I mean you, Mr. 123password.3 Google “2018 Atlanta cyberattack” to read about just one example of tech-gone-wrong.

Finally, I want to make one final and decidedly low-tech point, which arises from comments I have received from attorneys. Our court’s Local Rules4 were a necessary reference over the last few weeks. (Sorry to the judges: I meant “always.” We love reading these things even on vacation.) One thing I looked for after the first Administrative Order arrived was this simple piece of info: Do our family law courtrooms fall under the broader “Civil Division” category? The answer can only be inferred from Local

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N.B., I don’t mean to plug these two Microsoft products (Skype and Teams)— there are many others that are equally good. Only: it is quite likely that your current Microsoft Office subscription gives you access to Teams and “Skype for Business,” without much or even any additional expense. We have lived in a Microsoft world for decades, after all, even if you’re on a Mac.

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If you want to do yourself a solid right now, start using a password manager. Full disclosure: I just did this four weeks ago, and am not claiming to be better than any of you (just better looking).

The full set of Local Rules can be found here: https:// bit.ly/2R25BXM. The easiest way to find them otherwise? Start not with the court’s website, but rather with Google.

Rule 1-1.03: “The Chief Judge may designate such divisions as he, from time to time, deems necessary and may designate a Presiding Judge of each division.” From there one must look elsewhere to find our court’s established divisions.5 Once you learn that the Civil Division and Family Division are separate, then you know how to construe the AO that addressed the Civil Division. (This was not common knowledge to me, a Civil Division dweller, nor to a family law practitioner with whom I spoke.

My scientific sample size is admittedly two.)

This particular point may seem picayune, but it underscores a broader point that the attorney raised with me: our Local Rules could be made more practitioner-friendly. Presumably some new local rules will be developed as a result of COVID-19, and perhaps that process could envelop a broader review of how to make our Local Rules easier to access.

Ultimately, that effort could fall under the larger “access-to-justice” rubric, with which the courts are rightly concerned.

As we all struggle to cope with this crisis, let me again end on a positive note: make sure you check out Danny August’s Facebook contribution, which I cite in footnote 1. It will make you smile, and that, too, will be a salutary effect of COVID-19.

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Again, google it to land here: https://19thcircuitcourt.state.il.us/1290/Judicial-Court-Divisions.

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Changes in the Judiciary

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pril showers bring ….. new judges and assignments. The addition of Judge Kennedy, the elevation of Judge Mathews and Spring, the time of year that judicial assignments typically change, creates a lot of movement between the courtrooms. This movement is necessary to accommodate the addition of new

judges, but also to provide the other judges with new challenges.

CHANGES IN THE JUDICIARY The most recent administrative order for judicial assignments became effective March 2, 2020 and provides for the following assignments: Judge Mathews will

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The

Chief Judge’s Page hear the Domestic Violence Call in T-511, Judge DeRue will assume a Family Court call in C-101; Judge Fisz will be assigned to Family Back-up in C-301 and Judge Collins is assigned to the Misdemeanor/Traffic Division Backup in C-402.

Effective April 6, 2020, Judge Melius will become the Civil Division Backup judge in C-305, Judge Johnson will hear Small Claims cases in C-306, Judge Stride will hear Felony DUI/Traffic matters in T-611, Judge Bishop will hear Specialty Court matters in T711, and Judge Collins will move from C-402 to T-512 but retain the same call.

But wait, we are not done! A new Judge will be selected at the end of April to fill the vacancy created

by Judge Mathews being appointed a Circuit Judge by the Supreme Court. So, more changes will occur this summer.

BY CHIEF JUDGE DIANE WINTER SCOUTS LAW MERIT BADGE PROGRAM Spread the word to any Scout leaders you know.

Lake County has the most comprehensive and fun Law Merit Badge program.

Scouts came from as far as Green Bay, Wisconsin (yes, the Bear fans booed them) and Hobart, Indiana. Through collaboration with Sheriff John Idleburg, Coroner Dr. Howard Cooper, State’s Attorney Mike Nerheim and Public Defender Joy Gossman, the 19th Judicial Circuit participated in the twenty-third law merit badge program. Over 200 scouts took a courthouse tour, saw a demonstration by Deputy Kilpatrick and his K9 partner Boomer, toured the morgue, listened to an introduction to the law presented by Judges Jasica and Brodsky, and attended a mock trial presided over

by Judge Salvi.

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The 100th Year Anniversary of the Movement that Started 200 Years Ago

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he 100th Anniversary of Women winning the right to vote is coming up on BOARD OF TRUSTEES Nicholas A. Riewer President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Jeffrey A. Berman Immediate Past President Jennifer L. Ashley Nandia P. Black Douglas S. Dorando Kristie Fingerhut Hon. Fred Foreman (Ret.) Joseph M. Fusz Scott B. Gibson Kenneth J. Glick David J. Gordon Keith C. Grant Amy L. Lonergan Fredric B. Lesser Steven P. McCollum Joseph Morrison Michael G. Nerheim Melanie Rummel Hon. Henry C. Tonigan (Ret.) Hon. Joseph R. Waldeck (Ret.)

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August 18, 2020. The most alarming thing about this anniversary, from my perspective, is that it was only 35 years before I was born. Man am I getting old.

When I realized that this historic anniversary was fast approaching, I decided to do a little research to learn more about the women’s suffrage movement.

What I learned, is that the women’s suffrage movement started in the decades before the Civil War, which took place from 1861 to 1865. During the 1820s, most states in the Union determined that men deserved all the rights and responsibilities of citizenship regardless of how much money or property they had. I should point out that the rights that were given to men, were really given to white men.

BY NICHOLAS A. RIEWER PRESIDENT During this time, there were a number of small women’s suffrage movements that paired with reform groups such as the Temperance League, religious movements, and anti-slavery organizations. In many of these reform groups, women began playing a more prominent role.

When the Civil War started in 1861, many women focused on aiding the soldiers and the war movements. It was around this time that women began to challenge the idea that a woman’s place in society was to be a submissive wife and mother, only devoting their time to the home and family, while the men were the breadwinners.

The 14th Amendment to the Constitution was ratified shortly after the end of the Civil War. The

14th Amendment was ratified in 1868 and extended the Constitutions protections to all citizens which were defined as male. The 15th Amendment to the Constitution was ratified in 1870 and guaranteed black men the right to vote.

At this time, the National Woman Suffrage Association was founded and began to fight for an amendment to the U.S. Constitution, giving women the right to vote.

Towards the end of the 19th century, Idaho and Utah gave women the right to vote in statewide elections. Approximately 20 years later, some of the states in the west also began to extend women the right to vote in statewide elections. By 1916, many of the major suffrage organizations were united behind the unified goal of a consti-

tutional amendment giving women the right to vote.

When New York adopted women’s suffrage in 1917, President Woodrow Wilson changed his position and supported the proposed amendment. President Wilson’s change in thinking took place in 1918, which was pivotal in shifting the political balance towards the amendment.

On May 21, 1919, the House of Representatives passed the 19th Amendment, which was ratified

by the Senate, approximately two weeks later.

Tennessee became the 36th state to ratify the amendment on August 18, 1920. This was the final hurdle of obtaining the agreement of 75% of the states. The Secretary of State of Brainbridge County in Tennessee, certified the ratification on August 26, 1920, changing the face of the American electorate forever.

I was truly amazed at the fact that the women’s

Visit the LCBA Website lakebar.org

right to vote was established almost 100 years ago, and more amazed at how much more work needs to be done to truly give women the same equal rights as men.

Equally as amazing was the fact that it took almost 100 years of effort to get women the right to vote.

The Illinois Judges Association recently approached the Lake County Bar Foundation, asking for assisting in hosting a brunch to celebrate this

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Welcome

New LCBA Members ATTORNEYS Leonidas Bezanis Beermann LLP

The

Grapevine

Welcome to Frances Paparigian, the new SelfRepresented Litigant Coordinator at the Lake County Courthouse. Frances is a former legal advocate for crime victims and registered Spanish court interpreter.

Between the two roles, she acquired experience in legal system and identified the need for resources focused on self-represented litigants.

A significant portion of her role as an advocate was dedicated to assisting selfrepresented domestic abuse victims file and navigate their way through civil matters as

well as direct them to legal resources. This experience and the passion that she developed for the subject matter is what brought her here to the Lake County SRL Program. She is eager to learn more about the program already in place and gather ideas for improving and expanding it. “I look forward to collaborating with members of the Lake County Bar Association in this endeavor.”

milestone. The Bar Foundation gladly accepted, and the two organizations were planning the event for late April 2020. Because of the emergence of the COVID-19, the celebration had to be postponed. We will be sending out information regarding when the celebration will be rescheduled, as soon as safety dictates. Regardless of when we are able to reschedule, I would like to say Happy Anniversary!

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Calendar of Events

April 28 Annual Meeting & Liberty Bell Awards Luncheon Waukegan City Hall

Julie Hart Julie Hart Associates

April 27 – May 1 Lawyers in the Classroom

Taylor Kaster Grund & Leavitt P.C.

April 30 Ask A Lawyer Drop-In Clinic Waukegan Public Library

Scott Moran Law Offices of Thomas W. Duda

May 1 Ask A Lawyer Call-In Clinic LCBA Office

Caroline Shoenberger Shoenberger Public Interest Law Foundation

May 19 Access to Justice Membership Luncheon Waukegan City Hall

David Weiss The Law Offices of David H. Weiss

May 21 Civil Trial & Appeals Seminar & Golf Outing Glen Flora Country Club

STUDENTS

June 12 Installation Banquet Ivanhoe Country Club

Peggy Busceni Lisa Henricks Geronimo Trevino

July 23 LCBA Annual Golf Outing White Deer Run Golf Club

April 2020

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February 2020

Monthly Case Report Editor’s Note: Monthly Case Report is a new feature of The Docket, provided by 19th Judicial Circuit Law Librarian, Emanuel Zoberman

Illinois Second Appellate – Civil In re Marriage of Fisher, Appellate Court of Illinois, Second District, December 13, 2018, 2018 IL App (2d) 170384, 138 N.E.3d 103, 434 Ill. Dec. 944.

Background: Following entry of judgment of dissolution of marriage, wife filed a petition to modify child support. Husband filed a motion to dismiss. The Circuit Court, Du Page County. Nos. 13-D-1843 and 13D-1836, Robert E. Douglas, J., granted husband’s motion to dismiss. Wife filed motion for reconsideration. The Circuit Court denied the motion for reconsideration.

Wife appealed.

Holding: The Appellate Court, Birkett, J., held that incorporation of marriage settlement agreement impos-

ing cap on husband’s income for child-support purposes into judgment of dissolution of marriage violated Illinois Marriage and Dissolution of Marriage Act. Vacated and remanded.

Crystal Lake Limited Partnership v. Baird & Warner Residential Sales, Inc., Appellate Court of Illinois, Second District, November 30, 2018, 2018 IL App (2d) 170714, 138 N.E.3d 75, 434 Ill. Dec. 916.

Background: Landlord brought an action against tenant for breach of commercial leases, alleging that tenant breached covenant to restore premises to original configuration at end of leases and that failure to restore

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constituted a holdover. After a jury trial in which the jury found in favor of the landlord, the Circuit Court, McHenry County, No. 10-LA-183, Michael T. Caldwell, J., granted tenant judgment notwithstanding the verdict (JNOV) on the holdover claim and ordered a new trial on damages for breach of covenant to restore.

Tenant consented to entry of judgment against it on failure-to-restore count, and landlord appealed.

Holdings: The Appellate Court, Zenoff, J., held that: 1. Issue of whether tenant held constructive possession of property after conclusion of leases was one for the jury; 2.

Holdover tenant jury instruction was warranted; 3. Trial court’s denial of prejudgment interest award to landlord was not erroneous; 4. Trial court did not abuse its discretion in denying landlord’s motion for sanctions against tenant; and 5. Trial court abused its discretion in awardinglandlord attorney fees of $70,000.

Membership Luncheons April 28 @ 12 pm Annual Meeting & Liberty Bell Awards Luncheon Waukegan City Hall Sponsored by IICLE

May 19 @ 12 pm

Access to Justice Awards Luncheon Waukegan City Hall $15 per member

Affirmed in part, reversed in part, vacated in part, and remanded.

April 2020

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s e i r o t S e c i f f O Home Lake County Edition

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1. Need caption Anonymous. Necessity is the mother of invention 2. Stephen Rice My story of the “home office” is truly “one for the birds,” as the saying goes.

Specifically, a robin, who I have named “Big Pecker.”

Big Pecker has been staring at himself in our front picture window from the Viburnum bush in front of it, and then frequently attacking himself in said window. The window is smudged but otherwise fine. Our sanity, however, is cracked and NOT FINE! What’s a stuck-at-home office worker to do? Naturally channel his inner Clark Griswold. I thus constructed (with many tries to keep the wind from taking it down) the following contraption, which has kept Big Pecker at bay for two days.

Meantime, I’m sure my neighbors are certain that the Rices have succumbed to COVID insanity. In fact, all we have is a peculiar version of the bird flu!

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3. Kathryn Shores Working from home is both a blessing and a curse.

Blessing: yoga pants, no commute, unlimited time with my children.

Curse: long teleconferences, slow internet, unlimited time with my children.

Today I drafted a petition, searched for a lost Pokémon card (spoiler alert: it was exactly where he left it), finalized a settlement, and corrected six school workbooks . . . all before ten o’clock. Count it all a blessing. But look for me at the next LCBA happy hour!

8 A Corona Haiku

By Tom Pasquesi

Sitting alone, here now Virtual meet, expert Cocktail parties too

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4. Perry Smith I am all alone at my regular place of business. Yesterday I had a Social Security disability hearing. Rather than going to the Office of Hearing Operations in Evanston for an in-person hearing, my client and I were in my office. The ALJ was at the hearing office, the vocational expert was at her home and the medical expert was at his. The hearing was conducted as a teleconference. We prevailed.

5. Brian Lewis Our office is set up to be completely remote, so it’s easy to work from home. I’m at home in Highland Park and my assistant Kelsey is in Trevor Wisconsin. We are reviewing records and sending out demand packages. Our first “virtual arbitration” is set for next week (March 31) and we’re full steam ahead. One important thing I’ve realized during this pandemic is that I have enough articles of Michigan clothing to wear something new every single day - I should be good through June!

6. Craig M. Mandell Not complaining is unnatural for me, but I have to say that working from home has

been really enjoyable. My home desk (pictured) is surrounded by cases housing my favorite collectibles – enamel pins! On the bright side, a wonderful array of colors and details to run your eyes over while talking to clients and opposing lawyers on the phone. Unfortunately, staring at the collection all day only reminds me what is missing from it, so I’m spending most of my free time after work buying even more pins online. But hey, I’m supporting small businesses owned by artisans (and very artistic eBay sellers) who are also likely living life as shut-ins too, so I can justify it!

7. Jeff Berman What does one do when (1) the office is closed, and (2) another professional (i.e., my wife) has claimed the official home office space? Improvise. The dining room “office” isn’t especially pretty, but it definitely will do the trick for now. I have easy access to the coffee maker (really, what else could be more important), and a great view of the new home treadmill (and the guilt that goes with it) and laundry racks. And, like Steve Rice, I also have the amusing distraction of nutty birds acting strangely just outside the window located behind my chair. At least I hope they are birds.

8. Amy Lonergan Our office is located in downtown Waukegan, and it’s in a house. The internet connection in downtown Waukegan is super fast now that fewer lawyers are downtown. The internet connection at our respective homes is super slow because every kid in the neighborhood is online during the day. We are fairly slammed between closings and Estate Planning and just catching up on briefs that will be due eventually. So we are just working, pretty much like normal most days. In other words, the Finn & Finn “Home Office” is the same one we’ve been using for years.

Of course we’re sanitizing everything and limiting client interaction in person, etc. etc. and it’s been fun figuring out Will executions. But we’re keeping calm and carrying on.

9. Hon. Charles Johnson My “chambers.” The photo in front of my laptop is from the Blackhawk’s first Stanley Cup victory; dreaming of hockey returning soon. The items on the left part of the desk are pastel crayons and colored markers. I actually enjoy coloring to take my mind off! And in the back corner is a USB turntable with some albums that I fully intend to download one of these days.

Including the Kinks 20 Golden Hits, with the song Apeman, that seems particularly appropriate right now! Finally, the red and green colored balls on the left are Angry Birds characters; not sure where I got them from but they are less angry than Steve Rice’s angry bird.

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Federal Judges Dispense some Needed Perspective for our Profession During the Pandemic

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BY JEFF BERMAN

he global spread of novel coronavirus is changing the way the legal profession, lawyers and judges alike, approach their respective duties and obligations. As federal and state courthouses across the country shut their doors and limit their access to the public amid the growing COVID-19 pandemic, judges and court staff have been scrambling to keep the justice system moving, in part by switching some court proceedings to phone and video conferencing.

For some courts, and particularly some Judges in the the face of demands for an array of depositions of medical Northern District of Illinois, the transition has also inprofessionals “in the current environment, which includes volved providing more practical level a public health emergency amid comguidance on how members of the promunity spread of COVID-19.” Sandra Jeffrey fession should conduct litigation and DeVine, et al. v. XPO Logistics Freight Berman, how to comport themselves during a Inc., et al., No. 18-cv-1264, Doc. 74, at of the law public health crisis. p. 2 (March 20, 2020). firm of In two separate written opinions Assessing the milieu in which he Anderson + last week, U.S. Magistrate Judge Gabriel is asked to address discovery concerns, Wanca, has extensive A. Fuentes found it necessary to abate and offering some reasoned perspecexperience the zealousness of attorneys by creating tive, Magistrate Judge Fuentes noted in complex a formal protocol in two unrelated law“The growing coronavirus pandemic commercial suits — one stemming from a slip and is sweeping across the world, and litigation, fall in a store and the other from a car the United States is among nations insurance and insurcrash — to provide guidance on when scrambling to prepare for and cope ance coverage litigation matters in parties could depose medical profeswith the impact of the virus.” Bonita state and federal courts across the sionals and treatment providers during Lipsey v. Walmart Inc., No. 19-cv-7681, country. He presently serves as a the on-going pandemic. The court’s inDoc. 30, at p. 2 (March 20, 2020).

Co-Editor of the Docket. tervention and protocol was needed in He further observed “The current

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COVID-19 public health emergency takes courts, litigants, and medical treater witnesses into uncharted territory in terms of managing discovery in a time of a public health emergency.” Sandra DeVine, Doc. 74 at p. 3. The Court also took “judicial notice of the multiple reports, warnings, and other public statements about the impact that community spread of COVID-19 could have on medical care providers, doctors, hospitals, and so on,” and the concern that “health care providers could become overwhelmed.” Id. at pp. 3-4.

In other words, “the medical community is very, very busy right now, and likely will be busy for weeks or months to come. And these doctors and nurses are busy preparing to take care of sick people.

Soon they may be taking care of more sick people than they can handle.” Id. at p. 4.

Magistrate Judge Fuentes’ analysis of the discovery issues in both Orders began with the general proposition flowing from Geiger v.

Aetna Life Insurance Co., 845 F.3d 357 (7th Cir. 2017), that judges have wide discretion in handling discovery in civil cases. “The [c]ourt’s discretion includes taking steps that, notwithstanding their impact on the speed of the ultimate determination of the matter, recognize the severity of the public health crisis and the role of courts and litigants in being public citizens during the crisis,” he wrote in the slip-and-fall case. Bonita Lipsey, Doc. 30 at p. 3.

Part of being a responsible public citizen, he observed in the car crash case, requires considering a medical professional’s involvement in fighting the pandemic when determining whether it is necessary to depose that professional. “It is reasonable for all of us to expect that at this moment and at least for the next few weeks and possibly longer, the situation at hospitals and medical offices will be all hands on deck,” the Magistrate Judge observed. Sandra DeVine, Doc. 74 at p. 4. He continued with “All hands cannot be on deck if some of them are at a law office sitting for a deposition in a tort lawsuit.” Id. He repeated the identical admonition in the other case as well. Bonita Lipsey, Doc. 30 at p. 5.

Magistrate Judge Fuentes then imposed a multi-faceted protocol that required the parties first to meet and confer regarding the necessity for deposing any medical professional. Sandra DeVine, Doc. 74 at p. 5; Bonita Lipsey, Doc. 30 at p 6. As to each such provider whose deposition is still being sought after the conference, the party seeking the deposition would be required to submit detailed

information regarding the professional, the proposed deponent’s bearing on the case, and the proposed deponent’s current and anticipated involvement in preparation or response to the COVID-19 public health emergency, to the Court as part of a “Response to Court’s Medical Provider Deposition Protocol.” DeVine, Doc. 74 at pp. 5-7; Bonita Lipsey, Doc. 30 at pp 6-8. The information provided pursuant to the protocol is intended to allow the Magistrate Judge to determine for each proposed deposition whether the burden of requiring a particular medical provider to sit for a deposition would outweigh the likely benefits under the circumstances. DeVine, Doc. 74 at p. 5; Bonita Lipsey, Doc. 30 at pp 5-6.

Other Northern District judges also are including “practical” considerations regarding the coronavirus pandemic as a factor in deciding motions in civil cases. One particularly notable example comes from a trademark-infringement case involving “counterfeit unicorn drawings.” Art Ask Agency v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 20-cv-1666.

U.S. District Judge Steven C. Seeger on Wednesday issued a subtly scathing order in that matter declining to set an immediate hearing on the plaintiff’s motion for a temporary restraining order. Id., Doc. 27 (March 18, 2020).

A bit of background is essential to understand the denouement.

The plaintiff in the Art Ask case alleges the defendants are infringing its trademarks by placing its drawings of unicorns on various products such as puzzles, purses and phone cases. The complaint includes a few examples of products that allegedly infringe Plaintiff’s trademarks, which offer “striking designs and lifelike portrayals of fantasy subjects.” Id. at p. 1. One example is a puzzle of an elflike creature embracing the head of a unicorn on a beach.

Id. Another is a hand purse with a large purple heart, filled with the interlocking heads of two amorous-looking unicorns. Id. There also are phone cases featuring elves and unicorns, and a unicorn running beneath a castle lit by a full moon. Id. One week earlier, Plaintiff had filed a motion for a temporary restraining order and requested a hearing. Noting that the “world is in the midst of a global pandemic” and both the President and Governor had declared states of emergency, the “Court thought that it was a bad time

The current COVID-19 public health emergency takes courts, litigants, and medical treater witnesses into uncharted territory in terms of managing discovery in a time of a public health emergency.

April 2020

13

to hold a hearing on the motion.” Id. Consequently, Judge Seeger moved the hearing back a few weeks in the future.

Id. at p. 2. He reasoned that waiting a few weeks would be “prudent” and the short delay in the midst of a global pandemic would help to “protect the health and safety of our community, including counsel and this Court’s staff.” Id. Apparently undaunted, the plaintiff then filed a motion to reconsider. And, even before the Judge ruled on that motion, the plaintiff also filed another motion for a temporary restraining order and “teed it up” for presentment before the judge designated to hear emergency matters. Id. Plaintiff argued (presumably with a straight face) that it would suffer an “irreparable injury” if the Court did not hold a hearing that week “and immediately put a stop

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to the infringing unicorns and the knock-off elves.” Id. Judge Seeger denied the motion to reconsider before the other motion was presented to the emergency judge.

On the merits of the motion, the Judge initially observed, possibly with tongue in cheek: Plaintiff has not demonstrated that it will suffer an irreparable injury from waiting a few weeks. … One wonders if the fake fantasy products are experiencing brisk sales at the moment.

Id. On a more practical level, the Court noted that while the Clerk’s Office is operating with “limited staff” and while phone “conferencing is available” for emergency motions, if “there’s ever time when emergency motions should be limited to genuine emergencies, now’s the time.”

With more demonstrated annoyance, the Court further observed that the Plaintiff’s filings called “to mind the sage words of Elihu Root: ‘About half of the practice of a decent lawyer is telling would-be clients that they are damned fools and should stop’.” Id., citing Hill v. Norfolk and Western Railway Co., 814 F.2d 1192, 1202 (7th Cir. 1987) (quoting 1 Jessup, Elihu Root 133 (1938)).

Following from there, and denying the Motion, the Court summed up its conclusions succinctly. “The world is facing a real emergency,” Judge Seeger wrote in his order.

“Plaintiff is not.” Id.

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1515

Pandemically Challenged: Teleworking in COVID-19 and what you need to Know*

A

BY JEFFERSON W. FISHER

t the start of February 2020, I began writing an article through the Texas Young Lawyers Association that would encourage law firms to consider the increasing trend of teleworking—that is, working remotely—as well as the potential expectations from this trend for firms competing in the modern age; a preview of the future of law practice, so to speak.

Turns out, that future is now. Like, right now. At the demanded it. So, what do you need to know? time of this writing, COVID-19 has (1) been named a “pan1. If your attorneys are not currently teleworking or teledemic” by the World Health Organization, (2) prompted commuting, prepare for it.

President Donald Trump to declare a national emergency, Access: Each attorney should perform a walk-through of and (3) resulted in an announcement as a public health a given work file along with respective staff to ensure future emergency by almost every U.S. state access to every case-essential step. and city. Gov. Greg Abbott has declared Importantly, ensure that your work Jefferson W. a statewide public health disaster. State calendar is up-to-date and syncing.

Fisher is a school districts, including Houston and E-filing: If you don’t regularly e-file partner in Dallas, have canceled classes. Almost all or depend on others to e-file for you, do Orgain Bell Texas colleges and graduate schools have yourself a favor and learn. You may be & Tucker in Beaumont. moved to some form of online class. placed in a situation in which you alone He handles National and local sporting events have are the only person available to file on a personal grinded to a halt. South By Southwest given due date. injury and was canceled. Houston Rodeo was called Mail: Consider a plan for handling commercial off. And as if that’s not difficult enough, and scanning office mail. Largely litigation, and he people are hoarding toilet paper, and firm-specific, the receipt of monies or regularly Tom Hanks has tested positive. sensitive documents should be careserves as local counsel. Jefferson is With the unified push for “social fully handled. the director of District 7 for the Texas distancing,” the coronavirus hasn’t en2. Ensure that your clients can Young Lawyers Association. couraged teleworking as much as it has communicate with you, and you can

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communicate with them.

While email is the near-universal form of work communication, be mindful of those clients (such as the elderly) who do not have one. Also, it is often the case that new matters in their beginning stages contain inaccurate or incomplete information. To minimize future problems, double-check all email addresses, phone numbers, and mailing addresses.

3. If you have an IT person or department, let them do their job.

Your IT folks are most likely already on top of the pending cybersecurity risks of teleworking and have secured VPNs, or virtual private networks, for remote access. That being said, now isn’t the time to ignore an IT email or be dismissive of their efforts. Follow their instructions to the T. If not for yourself, do it for Tom. 4. Take the opportunity to measure the results of teleworking.

Even if your firm already has a teleworking or telecommuting policy, I’d be willing to bet it wasn’t made as a contingency for a potential global health pandemic. Ask yourself questions: Has teleworking itself affected our efficiency?

Productivity? Profitability? Use this opportunity to see what works, what doesn’t, and create new or refine existing policy to increase the success of your practice.

As is the more modern trend, teleworking appears here to stay as a fixture of the new working environment, especially for new hires. Telecommuting offers many mental health benefits, including stress relief and improved worklife balance. And as we’re currently finding out, it can also have significant physical health benefits.

Undoubtedly, the coronavirus has challenged our ability to do one major thing: adapt. Only history will tell us if the global and national response was the right one. Meanwhile, as the legal needs of our state continue to increase in count and complexity, we owe it to our clients—even more so during these times of uncertainty—to deliver as much consistency and reliability out of the office as we do in the office.

With the unified push for “social distancing,” the coronavirus hasn’t encouraged teleworking as much as it has demanded it.

*Posted in Texas Young Lawyers Association, March 16,2020

The Law Offices of David R. Del Re, P.C., is pleased to announce that Joseph M. Fusz has achieved Partnership at the firm. Mr. Fusz is a 2006 graduate of Loyola University New Orleans School of Law in New Orleans, Louisiana. Mr. Fusz will continue to concentrate his practice in all aspects of criminal defense, civil litigation, personal injury, nursing home negligence, medical malpractice, worker’s compensation cases and the representation of children.

D R D

The Law Offices of David R. Del Re, P.C. 200 N. Martin Luther King, Jr. Ave., 2nd Floor Waukegan, IL 60085 office 847.625.9800 facsimile 847.625.9980 www.daviddelrelaw.com

April 2020

17

Offense and Defense in Intellectual Property:*

The Most Common Issues Confronting Small Business

T

BY JANE BERMAN

hrough years of practicing intellectual property law, I’ve found that many common and confounding intellectual property problems facing small businesses could be avoided, and if not avoided, at least effectively addressed, by making a number of simple offensive and defensive moves.

Most steps don’t entail huge investments in attorneys’ fees or time. Because it is March but we have no Madness (or at least, the madness at hand is not the NCAA® brand), please let me offer some offensive and defensive maneuvers that may be useful to small businesses in this basketball-deprived time.

I. THE FUNDAMENTALS But first, the fundamentals of the game. What is intellectual property?

There are four major types generally of interest to small businesses.

A patent: a government grant of a limited-time, exclusive right to make, use, or sell a novel and non-obvious invention (yeah, it’s complicated). Among the many types of inventions are improved formulations, devices, computer control methods, or methods for making, operating, or using something.

A trademark: a brand name, logo,

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or other designation that exclusively identifies a producer’s goods or services in the marketplace. Customer recognition in a particular field of business leads to exclusive rights to a trademark or service mark. Registration offers significant procedural benefits, but is not required to establish trademark rights; rights automatically arise from use of a mark, Jane S. by operation of law. Unlike patents, Berman is trademarks can live forever, so long as a registered they remain in use. patent A copyright: the right to stop attorney others from copying written and practicing with Taft artistic works without the owner’s Stettinius permission. Copyrightable works & Hollister exist in many forms familiar to small LLP in Chibusinesses, including written macago. Jane terials like customer manuals and is a member of Taft’s advertising materials, website conPharmaceutical & Life Sciences tent, databases, computer programs, Litigation Practice Group, with and photographs and other artexperience representing clients in work. Like trademarks, copyrights all fields of intellectual property. are protected automatically by law;

registration is not required to establish a copyright.

However, registration confers critical benefits (more on this below).

A trade secret: information kept secret that provides a competitive advantage to a business, protectable under common law as well as state and federal statutes. Small businesses typically own trade secrets in the forms of “secret formulas,” recipes, operating procedures, processing methods, customer and vendor lists, and other customer data, such as order histories, product preferences, and internal contact information.

Now on to game strategy.

tages in infringement litigation. In my view, it’s one of the best steps a small business can take; it’s like practicing to hit your free throws. The application could be boxed out, however, by prior conflicting registrations or applications, or by the Trademark Office’s refusal to register the mark on grounds that it is merely descriptive of the goods or services, is geographically descriptive, or other grounds. As a lower-cost but lower-protection option, businesses may register their marks in state trademark registries, usually managed by the office of the Secretary of State or commerce department of a state government. Although state registrations offer fewer procedural protections, they appear on full trademark searches conducted by others in the future, tending to deter others from adopting conflicting marks.

Trademark laws require owners to “police” their trademarks, meaning that, when a trademark owner learns of an infringement of its mark, the owner must take steps to stop the infringement. Trademark owners must protect “the ball” at all times. Over time, failure to police yields a risk of losing at least some of the breadth of the owner’s trademark rights.

The policing requirement gives rise to the many “trademark bully” stories about a big company sending nasty letters to small companies, demanding that they cease and desist from use of marks deemed too close to the big company’s mark.

C. How can I protect my business’ copyrightable works, like artwork, photographs, databases, and computer programs? First, to help deter unauthorized copying, mark key copyrightable works with a copyright notice such as “© 2020 ABC Company.” Different formats of this notice will work; this one follows the format of “© (year of creation or first publication) (name of copyright owner).” Copyright owners may use this notice on unregistered works. Also, consider using appropriate anti-copying markings on important materials, such as watermarks or other warnings like “Property of __” and “Confidential.”

In general, copyright assignment agreements must be in writing; this way, players know when they are outside their zone. Small businesses should obtain written assignments of copyrightable materials created for the

Another common problem arises after a potential or active competitor fakes interest in purchasing the business, but really just wants to snoop around to learn the business’ secrets.

II. PLAYING OFFENSE: HOW CAN I PROTECT THE INTELLECTUAL PROPERTY OWNED BY MY BUSINESS? A. Have a patentable idea? Act quickly. File a patent application in the U.S. Patent Office. The U.S. has a “first to file” patent system, meaning that an inventor should fast break to the Office - file an application covering a potentially valuable and patentable idea. And until the application is on file, the safest approach is to treat information about the valuable idea as a “trade secret” (more on that below). Another offensive tip: working with non-employees of a business on that business’ great new idea may generate a risk of creating an unintended co-inventor and/or co-owner of the invention.

B. Want to make sure no one takes the business name or logo? The first move is to the right: put warning notices to the right of the words, logos, or designations that the business intends to protect as trademarks. On unregistered marks, a business may use the common law trademark warning notices, “TM” for a trademark or “SM” for a service mark. The notice informs the public that the user intends to protect exclusive rights in the mark. These notices tend to deter competitors from adopting confusingly similar marks.

Trademark owners may use the registered trademark symbol “®” only on marks that are already registered in U.S. Trademark Office.

The second move is registration. For those marks eligible for registration on the Principal Register of the U.S. Trademark Office, registration provides valuable protection to trademarks, including significant presumptions, public notice effect, and procedural advan-

April 2020

19

business by outside vendors. Even though employees’ works automatically may belong to their employer as “works for hire,” small businesses should enter written agreements with their key employees that confirm the business’ ownership of critical business properties created by those employees.

Recent case law makes it clear that businesses should register their most important copyrightable works in the U.S. Copyright Office. The rights to sue infringers and qualify for certain statutory damages for copyright infringement may be curtailed by failure to file timely applications for registrations of copyrights. Register early to avoid shooting airballs in court.

D. Have a trade secret that gives your business advantages over competitors? Small businesses sometimes suffer when disgruntled ex-employees or vendors walk off with key trade secrets in hand, and use them to benefit a competitor. Another common problem arises after a potential or active competitor fakes interest in purchasing the business, but really just wants to snoop around to learn the business’ secrets. Businesses should enter non-disclosure agreements (NDAs) with employees, vendors, and competitors, as their first strategy to protect their secrets in these instances. But frankly, NDA terms tend to be difficult to enforce, so beware of the sneaky steal and try to control the floor by controlling flow of secret information. As another strategy, businesses may use non-compete agreements with employees in effort to control the flow of secret information to competitors after employment ends.

III. PLAYING DEFENSE: HOW CAN I AVOID INFRINGING INTELLECTUAL PROPERTY RIGHTS OWNED BY OTHERS? A. I want to make sure my business’ name or logo doesn’t infringe someone else’s trademark. Every coach should have a good scout; small businesses should use trademark searches. Under U.S. law, the first trademark user in a given type of business in a given territory has priority in that mark, subject to limitations on merely descriptive terms that may be used by all competitors.

The first trademark user in a market is entitled to stop

later uses that are likely to create confusion in that market.

The law applies “likelihood of confusion” as the test for infringement of a prior user’s rights.

To scout for problems, always start with a trademark search when adopting a new mark. The first moves are informal, quick-and-dirty screening searches, where one conducts some web searches, and searches databases of the U.S. Trademark Office, the Secretary of State corporate names database, and the state trademark registry. Are there prior marks that appear to be confusingly similar to the proposed mark? If not, then the next step is to obtain a full trademark search and availability opinion from a trademark lawyer, to assess fully the risks associated with adopting the new mark.

B. How can I be sure I’m not infringing someone’s patent? Short answer - it’s difficult. The U.S. Patent Office has issued so many patents, it takes a lot of searching and study to determine if a business’ practices infringe a patent claim. Patent attorneys offer “freedom to operate” opinions on this point, but obtaining such opinions may be costly. Small businesses are advised to act quickly to consult a patent lawyer if someone alleges that the business is infringing a patent.

C. How can I avoid IP trouble when I’m creating a new ad or website? Small businesses sometimes commit the rookie mistake of direct copying of advertising text or photographs. Watch over the players for foul trouble; check over the work of the business’ employees and vendors to make sure copyrightable materials prepared for use by the business were not directly copied without appropriate licenses. And tamp down the trash talk. Make sure the business can prove that the factual statements in its advertisements are truthful, especially if the ads mention competitors or their products.

With some game strategy, small businesses can increase their win percentages. Intellectual property lawyers stand by with scouting reports and coaching to help. *The opinions in this article are those of the author and do not reflect the views of the Taft firm, its clients, or any of their respective affiliates. This article is for general information purposes only, and is not legal advice. Receipt of this information does not constitute an attorney-client relationship. No one should act on this information without first seeking legal counsel.

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20 The Docket

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Why should YOU join the LCBA Lawyer Referral Service?

The LCBA Lawyer Referral Service (LRS) is a valuable member benefit as well as a public service. LRS provides member attorneys with an opportunity to build business through client referrals. The service benefits the public by helping callers quickly find an attorney in the area of law in which they need help. The LRS is widely publicized and all LCBA members in good standing who carry the required malpractice insurance are eligible to join.

The LRS program is designed to assist persons who are able to pay normal attorney fees but whose ability to locate legal representation is frustrated by a lack of experience with the legal system, a lack of information about the type of services needed, or a fear of the potential costs of seeing a lawyer.

The Lawyer Referral Service is an intuitive win/win/win. We’re helping the public, by providing them with legal resources with some degree of reliability; we’re helping our members, by playing matchmaker with clients whom they can help for a minimal referral cost; and we’re helping the Bar Association and our public image by offering our services. Although not all of the matches will work out, the risks and costs are minimal and the rewards are great.

Deborah Goldberg, Goldberg & Kane

“I have been a member of the referral service for many years, particularly in the fields of Trusts & Estates. The service has generated a stream of potential clients, some of which are not viable but many of which have ripened into clients for litigation or estate planning. Frankly, I don’t mind answering people’s questions about our field of law, which most people find confusing. The referral service has been a great way for potential clients to speak with me and discuss the issues before having to spend money and before I have to commit to the clients. I whole-heartedly recommend the LCBA’s Client Referral Service as a way to grow your practice.”

Fredric Bryan Lesser, Lesser Lutrey McGlynn & Howe LLP As a long-time member of the LCBA Lawyer Referral Service I know how useful it is to be a member of the service. I have obtained several cases through the service and would strongly recommend that attorneys seeking cases join.

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22 The Docket

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April 2020

23 4/1/20 4:04 PM

Board of Directors’ Meeting

The

Meeting Minutes

BY TARA R. DEVINE SECRETARY

January 23, 2020 ACTION ITEMS: 1. Consent Agenda: a. December Minutes – P4 b. December New Members – P6 2. Treasurer’s report: a. June - November 2019 Treasurer’s report: a. June – December 2020 Financial Report – P7 Update by the treasurer on financial report, including total revenue, total expenses, and net operating income. Also discussed upcoming sources of revenue and expenses for the next 30 to 180 days.

Discussion on moving some of the checking funds from the checking account to savings account for reserves.

Recommended amount of $25,000. Will revisit adding additional reserve funds at the end of 2020.

NEW BUSINESS: 1. ISBA Joint Polling (redux)– Discussion and decision on conduct-

24 The Docket

ing joint bar polls with ISBA. Discussion had on the topic, collective decision made to NOT conduct joint bar polls with ISBA for various reasons.

2. Notice of Passing Policy: Review and approval of proposed policy on Notices of Passing- P18 Discussion had on proposed policy on distribution of Notices of Passing. Motion to approve the proposed policy; Motion Seconded; Motion approved.

3. Committee Sponsorship Income: Discusion on ability of committees to apply a portion of sponsorship income generated from one event to another event.

Discussion had on Committee Sponsorship Income; discussion tabled for future time.

4. 2020 Board Meeting Date Changes: Discus-

sion and decision to move the April, July, and October BOD meetings to the 4th Thursday of |the month (4/23, 7/23, 10/22) – P19 5. Nominating Committee: Presentation and approval of 2020 Nominating Committee.

Discussion had on the 7 members, which will now include the 1st VP of the Executive Committee.

OTHER MATTERS: Other Matters: 1. By-Laws Committee: Update on several of the proposed changes to the

By Laws.

2. Gridiron: Update on 2020 Gridiron.

3. Spring Luncheons: The Liberty Bell Awards will be presented at the March Luncheon. The Access to Justice Awards will be presented at the April Luncheon.

4. Doctor-Lawyer Dinner: Scheduled for March 11 @ Primo’s Restaurant in Gurnee.

Motion to adjourn: 1:08 BOARD MEMBERS PRESENT Stephen Rice President Hon. Patricia Cornell First Vice President Joseph Fusz Second Vice President Kathleen Curtin Treasurer Tara Devine Secretary Brian Lewis Past President Hon. Christine L. Bishop 2017-2020 Director Katherine S. Hatch 2017-2020 Director David R. Del Re 2018-2021 Director Daniel Hodgkinson 2019-2022 Director Dale A. Perrin, Executive Director

Lake County Bar Golf Outing Thursday, July 23, 2020

White Deer Run Golf Club 250 W. Gregg’s Parkway, Vernon Hills Registration & Practice: 11:00 a.m.

Lunch: 11:30 a.m. - 12:30 p.m.

Shot Gun Start: 12:30 p.m.

Post Game Reception: Approx. 5:00 p.m.

Register online at www.LakeBar.org

Golf & Sponsor Registration MY FOURSOME: 1. ____________________________________ HDCP 2. ____________________________________ HDCP 3. ____________________________________ HDCP 4. ____________________________________ HDCP Please try and place me with: Name: ________________________________

o Individual Player: # ____ @ $185 (includes golf, lunch & reception)­­ o Foursome: # ____ @ $700

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o Feel Good Four Pack: # ____ @ $20 o Lunch Only: # ____ @ $25 o Reception & 1 Drink Ticket: # ____ @ $25 $1,500 o Hole-In-One Sponsor: $1,200 o Eagle 4-Some Sponsor: $750 o Gold Tee Sponsor: $500 o Golf Cart Sponsor: $250 o Competition Hole Sponsor: $150 o Lunch / Dinner Sponsor:

Total $ _______

Cont­act Information Sponsorship opportunities are available on a first paid, first serve basis. Sponsors will be recognized with signage at the event and a thank you ad in The Docket.

Name: ______________________________________ Firm: ________________________________________ Display Acknowledgment as: _________________________________________________________________ (How the sponsor’s name will appear) Address: ____________________________________ City, State & Zip: ______________________________ Phone: _____________________________________ Fax: ________________________________________ E-mail: ___________________________________________________________________________________ Payment method: o Check enclosed o Visa* o Mastercard* o Discover* o American Express* Number: ___________________________________ Expiration Date: ____/____/____ CVV: ___________ Signature: ________________________________________________________________________________ *A 4% credit card procesing Fee will be added when paying with a credit card.

Please Return Registration By July 10, 2020: Lake County Bar Association • 300 Grand Avenue, Ste A • Waukegan, IL 60085 April TEL (847) 244-3143 • FAX (847) 244-8259

2020 25

Life Goes On

L

ife Goes On, or so the saying goes but it seems as though life has been put on hold. For how long? Who knows?

At least until the end of April, as of this writing.

Hopefully by then, or before, life will start to get back to normal. It seems a little hard to envision life getting back to normal right now, but we humans, are resilient and have a long history of bouncing back from adversity.

Our thoughts and prayers go out to everyone who suffered extreme illness and loss of a loved one from the Coronavirus. We are also extremely saddened by the loss of any businesses that were forced to close permanently due to the loss of business the “shelter in place” mandate caused. Please support

26 The Docket

your local, mom & pop businesses with any means possible.

Consider some of the positives that have come of this. Many of us never or rarely used a video meeting platform prior to this and now feel like semi-experts.

We, and our bosses, now know that working from home, or remotely, IS an option, now that we were forced to learn how. And many of us got a jump start on our Spring Cleaning and had time to delete and organize the thousands of photos on our phone.

Life will go on and before you know it, we will be back to our, or a, regular routine. In regard to the Bar Association and Foundation there is the Civil Trial & Appeals Annual Seminar & Golf Outing in May, the Instal-

In the

Director’s Chair

lation Banquet in June, the Annual Golf Outing in July, and the Foundation’s biennial Fundraising Gala in November. As of now, these events and activities are scheduled as planned.

You will be notified immediately if any of them are canceled or rescheduled.

As a member of the Bar Association you are sent timely information regularly via email, such as the numerous Administrative Orders and other details of the courthouse operations during the shutdown.

Keep an eye on your email

BY DALE PERRIN EXECUTIVE DIRECTOR inbox for these valuable communications. You can also find most of these notices under the “Latest News” section of the LCBA website. Just think how confusing and frustrating these many changes would be if you were not receiving regular notifications.

Thank you for your continued support of, and trust in the Lake County Bar Association and Foundation. Please let me know how we can be of greater value and service to you and your business.

Stay Healthy.

18ISBA003_SSS-SECURE_ad_BW-8-25x10-75.pdf

1

4/3/18

8:25 PM

O smart | strategic | secure

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2. Affording safety, as a place: He needed a secure hideout.

3. Feeling confident and free from fear or anxiety: everyone needs to have a home and to feel secure and wanted.

4. Firm and not likely to fail; stable. [ syn. defendable, defended, dependable, insured, protected, safe, shielded, sound, strong, trustworthy, watched over ]

Take the long view of practice and practitioner success. Consult with ISBA Mutual today to define your unique risk needs and learn about our free resources, so you can stay smart, strategic and secure.

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April 2020 27

Bar

Bulletin Board

Monthly

Committee Meetings

DAY

MEETING

LOCATION

TIME

1 Tuesday

Diversity & Community Outreach

LCBA

12:15-1:15

1st Thursday

Real Estate

Primo, Gurnee

5:30-6:30

Editorial 1st Thursday (Even Mo.) Docket Committee

LCBA

12:15-1:15

2nd Tuesday

LCBA

12:15-1:15

LCBA

4:30-5:30

st

Criminal Law

2nd Tuesday (Odd Mo.) Immigration 2nd Wednesday

Family Law Advisory Group (FLAG)

LCBA

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

LCBA

4:00-5:00

2 Thursday

Young & New Lawyers

TBD

12:15-1:15

2nd Thursday

Trusts and Estates

LCBA

12:15-1:15

3rd Tuesday

Local Government

LCBA

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

LCBA

4:00

3rd Wednesday

Debtor/Creditor Rights

Varies

5:30-6:30

3rd Wednesday

Family Law

C-105

12:00-1:00

3rd Wednesday (Odd Mo.) Employment Law

Varies

5:15-6:15

3rd Thursday

LCBA

12:00 noon

nd

LCBA Board of Directors

• RSVP to a meeting at www.lakebar.org.

• Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143.

• Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.

OFFICE FOR RENT

in Libertyville. 3,500 square foot office suite in upscale, Winchester Court...Ample and easy parking ... impressive, well maintained and desirable professional and medical hub ...

This central, Lake County location is easily accessible from several, major, arterial highways making it a desirable destination for clients, patients and employees alike ...

Suite can easily be divided into two, 1,750 SF units if needed ...

Rent includes water, sewer, refuse removal, real estate taxes & CAM ... Suite has 7, private offices, large conference room, bull pen area, reception, kitchenette, 2 bathrooms & 2 storage rooms. Available July 1, 2020. Call Attorney Mike Boyd 847-680-7800 or MBoydFHB@aol.com for more rental info.

To place an ad or for information on advertising rates, call (847) 244-3143

Do you have a speaker idea or suggestion for our business meetings?

We would like to hear from you!

Send your ideas to: dale@lakebar.org 28 The Docket

April 2020 29

300 Grand Avenue, Suite A Waukegan, IL 60085 Tel: 847-244-3143 Fax: 847-244-8259

MEMBER RECEPTION

MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES

LCBA Member Receptions will generally be held on the 4th Thursday of every month.

Your $500 sponsorship includes: ecognition in advertising before the event and on signage at the event •R • Reception from 4:30 – 6:30 p.m. omplimentary beer and wine. Upgrades available for additional fee.

•C

Contact Dale Perrin at dale@lakebar.org to add your name to a reception.