The Docket - May 2023

DOCKET THE

LAKE COUNTY BAR ASSOCIATION

PAST PRESIDENTS HONOR

ILLINOIS SUPREME COURT JUSTICE

ELIZABETH ROCHFORD

THE LAW FIRM OF JACKSON BUCKLEY & PFANENSTIEL, LLP IS PLEASED TO ANNOUNCE THAT CARLTON R. MARCYAN, ESQ. HAS JOINED THE FIRM OF COUNSEL.

Jackson Buckley & Pfanenstiel, LLP is a boutique full-service matrimonial law firm with offices in Lake Forest, Naperville, and Chicago. The firm focuses on all facets of complex and high net worth dissolution of marriage and family law cases. The attorneys at Jackson Buckley & Pfanenstiel, LLP bring decades of experience to help clients meet their goals, whether through litigation or means of alternative dispute resolution.

Carlton R. Marcyan Esq., CPA, CFP, CDFA brings his decades of experience to the law firm of Jackson Buckley & Pfanenstiel, LLP. Carlton is a seasoned divorce lawyer and mediator. He primarily focuses on complex financial and parental responsibility matters and mediation. He is a Fellow of the International and American Academies of Matrimonial Lawyers, the American Bar Association, the American Institute of Certified Public Accountants, and Illinois Society of Certified Public Accountants. He has been named as Lawyer of the Year by US News and Best Lawyers publications for collaborative practice (2020, 2018, 2014, 2011) and family law (2012). He was named in the top 100 of all Lawyers in Illinois by Super Lawyers (2017). In addition to his representation of individual clients, Carlton is a certified mediator and is the founder of Marcyan Mediation, a division of Jackson Buckley & Pfanenstiel, LLP, through which Carlton is taking new mediation cases.

A publication of the 300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org

THE DOCKET EDITORIAL BOARD

Jeffrey A. Berman,Co-Editor

Hon. Charles D. Johnson,Co-Editor

Jennifer C. Beeler

Kevin Berrill

Hon. Bolling W. Haxall

Hon. Daniel L. Jasica

Hon. Christopher M. Kennedy

Jennifer Luczkowiak

Kevin K. McCormick

Shyama Parikh

Stephen J. Rice

Neal A. Simon

Hon. James K. Simonian

Rebecca J. Whitcombe

Alex Zagor STAFF

Greg Weider Executive Director

Jose Gonzalez

Assistant Executive Director

Nancy Rodriguez Receptionist

10 The Illinois Supreme Court Clarifies the Scope of Potential Claims

BY JEFFREY A. BERMAN

16 My Time on the Polish Border with Ukraine

BY MARK BELOKON

February 23, 2023

JEFFREY BERMAN,

34

JEFFREY BERMAN,

BY RICKEY J. AMENT AND MICHAEL S. STRAUSS

28 Hon. Elizabeth Rochford

BY SCOTT B. GIBSON

BY TARA R. DEVINE, PRESIDENT

BERMAN,

CHIEF JUDGE MARK L. LEVITT

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Thank You, Gracias, Merci, Mahalo, Grazie

It is hard to believe, but this is my last President’s Page for The Docket! When I began my Presidency last June, it seemed a herculean task to be responsible for

writing twelve President’s Pages, but somehow, someway (and with a lot of friendly reminders and stalking from the Editorial Board) I made it.

As you can tell from the title, I want to dedicate this last article to everyone who makes the LCBA the amazing association it is. The ones who help day in, day out, last minute, late night, early morning, and all the time in between. As I referenced in one of my prior articles, I always knew that I was going to devote this space to personally thank Executive Director Greg Weider, as well staff members Jose Gonzalez and Nancy Rodriguez. So many of the successes of the LCBA would not be possible without their hard work, help, guidance, implementation, and follow-up, and their sincere commitment to

the success and growth of this association. As the President, I was beyond fortunate to have the three of them to rely upon. This past year has given me such an appreciation for the work they do—the majority of which is done behind the scenes.

Greg has personally helped me (sometimes multiple times in a day) as I navigated being President of the LCBA and tried to determine the nature and extent of my involvement in certain matters. He was always there to answer a question, always prepared me for what lay ahead, and was always the utmost professional in his position. He is an excellent Executive Director and the LCBA and its members are lucky to have him. We are fortunate to have him spearheading the LCBA in conjunction with the Board.

BY TARA R. DEVINE PRESIDENT

Jose and Nancy are names with which many of you are familiar, but you are unlikely familiar with all the work that they do behind the scenes on a daily basis to make sure that our seminars, lunches, meetings, picnics, and receptions run smoothly. The countless tasks that they perform daily make them even more valuable than when you see them checking in members at the front table, helping serve while behind the bar at the LCBA offices, or otherwise running our many events. Thank you, Jose and Nancy, for your continued hard work, dedication, and commitment to making things run smoothly (or as smoothly as possible).

I want to thank all of the Board of Directors for their continued dedication to this organization, and for not laughing as a

I fumbled at Board meetings through making a few motions, or at my missteps here and there. I look forward to continuing on the Board of Directors for another year, and for hopefully being a resource for Katharine Hatch, the LCBA’s next fearless President. A personal thank you to Joe Fusz and Judge Cornell for their historical guidance, and also for being there to answer any questions I had for them (which was more often than I would like to admit—and probably more often than they would have liked to have answered). I was very fortunate to have them as trusted advisors at times throughout my Presidency.

In addition to our fearless leaders at the LCBA, a big thank you to Chief Judge Levitt for not only being an amazing Chief Judge, but also for continuing to actively foster the relationship and support between the judiciary and the LCBA. A big thank you to Lorena Hernandez, Administrative Assistant to Chief Judge Levitt, who also helped organize and orchestrate matters behind the scenes.

I am certainly a bit biased, but the past year has been a year of successes for the LCBA. I would be lying if I did not acknowledge a few small hiccups here and there, but all in all, it was a year full of achievement. We’ve had many well-attended seminars, including family law, criminal law, civil law, and real estate, to name a few. The LCBA’s Committees continued to have meetings, engage

with their members, and they hosted some fabulous speakers. We have had some great member lunches and awards given, and some very well attended receptions, such as the Past President’s Reception for Justice Rochford and the Members Reception hosted by Justice Chris Kennedy, to name just a few. The list of successes from the past year goes on and on. There have been very few days in the past twelve months where there was not something on the LCBA calendar, or some action happening over at the LCBA office. We are financially sound, and some of the technology at the LCBA office will soon be upgraded.

In passing the presidential baton over to Katharine Hatch, I have no doubt the Association will be in great hands. I will be there to answer any questions, like my predecessors did for me. I also look forward to reading her President’s Page in The Docket !

When I started my journey as the LCBA President twelve months ago, I truly did not know what was in store for me and how it was all going to play out. I can now confidently say that personally and professionally, it has been one of the highlights of my career. Because of the Presidency, I have met and interacted with more lawyers and judges than ever before. It has given me an even greater appreciation for how valuable this Association is to our members and our community. I am extremely excited for my Presidency

to be over, but not for the reason you probably think. I am very excited for what the next year holds as I plan on using the time that I spent in my position as President to stay engaged and move forward the goals of this amazing Association. The goals and successes reached this year were achieved together. I know that I am not alone when I say the following, especially post-Covid: the past year has left me feeling more connected with everyone around, and particularly with the LCBA’s members. The LCBA has given us an opportunity to connect again, to come together, and to celebrate. Thank you for allowing me to be your President. That’s it, that’s the end, la fin, el fin, das Ende.

New LCBA Members Welcome

ATTORNEY

Marc S. Porter Porter Law, LLC

Craig Pierson The Law Office of Craig Pierson

Reham A. Ali Law Office of Deanna J. Bowen

Monica Masini

Cooper Trachtenberg Law Group, LLC

Howard Ankin Ankin Law

PROFESSIONALS

Daniel Madden

Madden & Bergstrom

The

Calendar of Events

Solo & Small Firm Social

May 10

5:30 - 7:30 p.m.

Libertyville, IL

Trusts & Estates Committee Meeting

May 11

12:15 p.m. Virtual

Member Reception

May 11

4:30 - 7:00 p.m.

Waukegan, IL

Brown Bag CLE You Got “The Letter,” Now What? How Best to Respond to an ARDC Inquiry.

May 16

12:15 - 1:15 p.m. Virtual

Debtor Creditor Committee Meeting

May 18

12:15 p.m. Virtual Membership Picnic

May 19

12:15 - 1:15 p.m. North Chicago, IL

Brown Bag CLE Stress in the Workplace: The Impact it Has on Our Thinking and Wellbeing

May 24

12:15 - 1:15 p.m. Virtual

2023 Civil Trial & Appeals Seminar

May 25

7:30 a.m. - 4:30 p.m.

Waukegan, IL

Installation Dinner

June 1

5:30 - 8:30 p.m.

Highland Park, IL

2023 Lake County Bar Association Golf Outing

June 22, 2023

11:00 a.m. - 5:30 p.m. Vernon Hills, IL

The 2023 Liberty Bell Awards

By the time you read this installment of The Docket, the annual Liberty Bell Awards Luncheon will have already taken place. Even so, our 2023 award recipients merit special attention here today. Many of you already know the background and history of this prestigious award, but a short history will put everything into proper context.

Each year Lake County Circuit Judges seek to recognize both an individual and an organization or group for their efforts in advancing the cause of justice throughout our court system. By conferring the Liberty Bell Award, we hope to not only single-out exemplary service, but also to promote respect for the law and foster a better understanding of the justice system.

The Liberty Bell Award originated in Michigan in 1962. In 1964, the American

Bar Association formally endorsed the award for bar associations nationally. It was originally conceived of as an award for non-lawyers, with criteria that differed from state to state, but the award today broadly recognizes those giving of their time to promote a better understanding of the law, our legal system, and the roles of the various participants.

In Lake County, the 19th Judicial Circuit began awarding the Liberty Bell in 1996. Beginning in 2005, the Circuit began the tradition of presenting the award in memory of Judge Thomas R. Smoker, a respected Lake County jurist who passed away in 2004. Our award is given to an individual and an organization who promote a better understanding of the rule of law, encourage greater respect for law and the court system, stimulate a sense of civic responsibility, and contribute to good gov-

ernment in the community.

This year, our individual award recipient is Sandra Bankston, LCSW, employed by the Lake County State’s Attorney’s Office. The chosen organization is the Northern Illinois Recovery Community Organization (NIRCO), which was founded by Dr. Mary Roberson, who currently serves as its Executive Director.

Dr. Roberson has more than 30 years of work in Behavioral Health. In founding NIRCO, she continues working to promote recovery principles for individuals, families and communities impacted by substance abuse and mental health crises. This is work she began during her time at NICASA Behavioral Health Services, where she served as Managing Director. Dr. Mary has a long history of work in the 19th Judicial Circuit. She facilitated women’s specialized group therapy

BY CHIEF JUDGE MARK L. LEVITT

for various traumas and serves as a team member for Drug Court and Veterans Treatment Assistance Court. Dr. Mary is an integral part of our Circuit and we are pleased to recognize her and NIRCO, which is a tremendous organization.

If you have worked in the 19th Judicial Circuit or practiced law in Lake County, you probably know Sandra Bankston. Sandra has been employed in the Lake County State’s Attorney’s Office since 1996. Most of her career has been spent as a victim advocate, working with child sexual abuse victims and later with adult victims of sexual assault. When the State’s Attorney’s Office received grant funding to provide no-cost therapy to people who have been victims of crime more than once in their lifetime, Sandra helped to build New Horizons, a counseling program. Her time is currently

ChiefPageJudge’s

split between providing therapy in this program and working as justice manager with the Living Room Wellness Center, a partnership of the nonprofit organization Independence Center, the Lake County Sheriff’s Office, and the Lake County State’s Attorney’s Office. Sandra helped write the protocols for the deflection component of the Living Room

Wellness Center and now trains law enforcement on using the Living Room Wellness Center to deflect low level offenses from jail when the offenses are fueled by a mental health issue.

On behalf of the Circuit, I want to express my gratitude to all the award recipients for their hard work and dedication to all of the citizens of Lake County!

Resolute Systems Welcomes

JUDGE DAVID BRODSKY, ret.

MEDIATOR | ARBITRATOR

to Our Illinois Team of Dispute Resolution Professionals

Resolute Systems is pleased to welcome Judge David Brodsky, Ret. to our team of dispute resolution professionals. Judge Brodsky will concentrate his mediation practice in the areas of:

We congratulate Judge Brodsky on his outstanding judicial career where he developed a reputation as an extremely effective pre-trial mediator. To schedule mediation with Judge Brodsky, please contact Mike Weinzierl at 312.346.3770, x125 or go to our Web Pages at davidbrodskymediation.com

• Personal Injury

• Wrongful Death

• Medical Malpractice

•

•

•

• Commercial

•

•

• Products Liability

•

•

•

•

Congratulations to the York High School Mock Trial Team on their 1st place finish at the 19th Annual Lake County High School Mock Trial Invitational.

Reviewing the Past and Looking Ahead: A Thank You

In writing this final Docket update, I looked back two years to the first article

BOARD OF TRUSTEES

Douglas Dorando President

Kristie C. Fingerhut Vice President

Joann M. Fratianni Secretary

Perry S. Smith Treasurer

Nicholas Riewer, Immediate Past President

Jennifer L. Ashley

Carey J. Schiever

Nandia P. Black

Louise Hayes

Steven P. McCollum

Scott B. Gibson

David J. Gordon

Keith Grant

Fredric B. Lesser

Hon. Michael Nerheim

Michael Ori

Shyama Parikh

John Quinn

Eric Reinhart

Melanie K. Rummel

David Stepanich

I wrote. It was full of a more youthful optimism about the role and of the world. Certainly, I was in a different place both in my life and career. But what strikes me most about it is the degree to which the Foundation has continued to be successful these last two years. From furthering our community connections, to pushing through what (hopefully) is the end of the pandemic’s last restrictions, to successful events for our membership to gather and celebrate our work, the Foundation is as strong as ever. We have continued to raise money, receive cy pres awards, maintain the Lake County Bar building, all the while supporting the philanthropic objectives of the organization by supporting various organizations, events, and projects that assist real

people in their interactions with the judiciary, and educating the next generation on the importance of our system of government and its resiliency.

BY DOUGLAS DORANDO PRESIDENT

and embrace our diversity. Thank each of you who have volunteered your time, your money, and your support to the Foundation over these last two years.

As I hand the mantel off to the Foundation’s next Executive Board, I want to thank everyone who has supported me in trying to push my agenda in addressing these real issues and making our community better. I want to thank those of you who I have met and become friends with through these fantastic organizations, and I want to encourage each of you to remember that ultimately we continue to remain at a crossroads in our society, and that our mission is more valuable than ever to ensure that we educate, enhance access to justice, and encourage

Ultimately, I was a mere steward of the role, and these objectives are yours. I’d ask each of you to remember to support them today and every day forward. Continue to support the Foundation, whether monetarily, through volunteer work, through encouraging cy pres funds, or simply attending our events and bringing your friends and coworkers. Spread the message. I remain optimistic for our future.

Thank you again. It has been an honor, a privilege, and I’ve had some remarkable fun over these last years. I wish you all the best!

Meet the Board

Jeff O’Kelley is a partner at the law firm of Lesser Lutrey Pasquesi & Howe, LLP practicing in litigation surrounding estates, trusts, guardianships and fiduciary controversies. He has been an active member of the Lake County Bar Association since 2011. Prior to serving on the LCBA Board, Jeff served for several years as the lead chair of the LCBA Trusts and Estates Committee. Jeff is also the President

of the Lake County Estate Planning Council.

Jeff is a graduate of the University of Illinois, where he studied writing and public speaking. After a brief stint as a writer, Jeff went to law school at Chicago-Kent College of Law, where he competed in Moot Court and graduated with Honors. Jeff joined Lesser Lutrey Pasquesi & Howe in 2011, focused his practice on fiduciary litigation, and

became a partner in 2018. Throughout, he has actively litigated complex and heavily contested trust and estate lawsuits, guardianship disputes, and related controversies, both at the trial court level and on appeal. He has lectured at Loyola University School of Law, and he has written for the Illinois Bar Journal, the Illinois State Bar Association Trusts & Estates Newsletter, and the LCBA Docket.

The future is

What is Collaborative Divorce?

Collaborative divorce is a process that allows couples to work together and reach agreements on key issues in divorce. Through this process, they are empowered to make decisions about their finances, their children, and everything else to negotiate a settlement that is beneficial for everyone. Collaborative divorce helps couples avoid a lengthy and costly litigation process that can be contentious and leave people dissatisfied with the results. Through the course of collaboration, all parties’ needs are considered and people feel fulfilled as they move into the next phase of their lives.

Our members are specially trained and licensed Divorce Attorneys, Divorce Coaches, Child Specialists, and Certified Financial Advisors who are committed to helping Illinois families divorce with dignity and respect through the collaborative process.

The Illinois Supreme Court Clarifies the Scope of Potential Claims, and Thus Damages, Under the Illinois Biometric Information Privacy Act by Holding that Violations Accrue On a Per-Scan Basis in Cothron v. White Castle Systems

BY JEFFREY A. BERMAN

In a highly anticipated, and potentially vastly consequential decision authored by new Supreme Court Justice Elizabeth Rochford,1 the Illinois Supreme Court recently held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”)2 each time a private entity scans or transmits an individual’s biometric identifier or information in violation of section 15(b) or 15(d) of the Act. The Supreme Court’s holding in Cothron v. White Castle System, Inc.,3 portends a profound impact on both the viability of BIPA claims and the calculation of statutory damages for such claims.

BIOMETRICS AND BIPA OVERVIEW

123 Biometrics are “biologically unique” personal iden-

1 Justice Rochford, formerly a Nineteenth Judicial Circuit Associate Judge, was elected to the Illinois Supreme Court in November 2022, and was sworn-in as a Supreme Court Justice on December 5, 2022. See News | Office of the Illinois Courts, https:// www.illinoiscourts.gov/News/1186/JudgeElizabeth-M-Rochford-and-Justice-Mary-KOBrien-set-to-join-Illinois-Supreme-Court/ news-detail/. It appears the Cothron decision was only the second opinion authored by Justice Rochford as a member of the Court to be released. See People v. Jones, 2023 IL 127810.

2 740 ILCS 14/1, et seq

3 Cothron v. White Castle System, Inc., 2023 IL 128004 (Opinion filed February 17, 2023).

tifiers,4 and include iris scans, face geometry, and, fingerprints.5 Unlike other sensitive personal information, like social security numbers, once compromised biometrics cannot be changed.6 While biometrics may have contributed to the efficiency of business operations and enhanced some customer experiences, that innovation has led to a growing concern

Jeffrey Berman of the law firm of Bock Hatch & Oppenheim, LLC has extensive experience in commercial litigation, class actions and insurance coverage litigation in state and federal courts across the country. He is Co-Editor of the Docket and currently serves as Secretary of the LCBA Board of Trustees.

4 740 ILCS 14/5(c).

5 740 ILCS 14/10. According to the U.S. Department of Homeland Security, “biometrics,” are “unique physical characteristics, such as fingerprints, that can be used for automated recognition.” Biometrics | Homeland Security (dhs. gov), https://www.dhs.gov/biometrics; see also 2023 IL 128004 at ¶ 15.

6 740 ILCS 14/5(c).

among members of the public about the use and collection of biometrics.7

In response, states across the country have passed legislation to protect this very sensitive data. The Illinois General Assembly adopted BIPA in 2008 in response to increased commercial use of biometric data and related concerns.8 To address these apprehensions, the Act regulates how private entities may collect and handle biometric data and provides a private cause of action for any person “aggrieved by” a violation of the statute.9

Circuit Court of Cook County, and later removed to federal court under the Class Action Fairness Act of 2005.14 Cothron’s complaint broadly alleged that White Castle violated BIPA when it scanned the fingers of its employees, including Cothron, in order to access the employees’ pay stubs and White Castle’s computers, and disclosed that biometric information to a third party without consent.15

Biometric Information

In Illinois, BIPA generally requires an entity to: (1) provide written notice to employees; (2) obtain written consent; and (3) make specific disclosures concerning the purpose and duration of data collection, storage, or use before collecting, storing, and using biometric data. Covered entities are prohibited from selling or profiting from collected data and are required to protect the data using reasonable standards of care. Only in specific enumerated circumstances are entities allowed to disclose the data. Covered entities must also develop a written policy concerning the retention and destruction of biometric data compliant with the guidelines outlined in the statute.10

BIPA provides for possible statutory damages of $1,000 per violation, or $5,000 per intentional or reckless violation.11 Successful Plaintiffs may also recover attorneys’ fees under the Act.12

THE DISTRICT AND CIRCUIT COURT DECISIONS IN COTHRON V. WHITE CASTLE SYSTEM, INC.

Plaintiff Latrina Cothron (“Plaintiff” or “Cothron”) sued White Castle System, Inc. (“White Castle”) in 2018, on behalf of a putative class of all Illinois employees of White Castle.13 Plaintiff’s action originally was filed in the

7 See 740 ILCS 14/5(d)–(e).

8 Cothron v. White Castle System, Inc., 20 F.4th 1156, 1159 (7th Cir. 2021).

9 740 ILCS 14/20; see Cothron, 20 F.4th at 1159.

10 740 ILCS 14/15(b) and (d).

11 740 ILCS 14/20 (detailing the amounts and types of damages that a “prevailing party may recover”); see Cothron, 20 F.4th at 1159.

12 740 ILCS 14/20.

13 2023 IL 128004 at ¶ 3.

According to her complaint, Plaintiff is a manager of a White Castle restaurant in Illinois, where she has been employed since 2004.16 Shortly after her employment began, White Castle introduced a system that required its employees to scan their fingerprints to access their pay stubs and computers.17 A third-party vendor then verified each scan and authorized the employee’s access.18

Plaintiff alleged that White Castle implemented this biometric-collection system without obtaining her consent in violation of Sections 15(b) and (d) of the Act.19 Those sections of the Act place both restrictions and affirmative obligations on private entities related to biometric identifiers (such as fingerprints, voiceprints, retinal scans and facial geometry) and biometric information (e.g., information based on biometric identifiers to the extent used to identify an individual), including the following:

• Private entities which collect, capture, purchase, receive or otherwise obtain biometric identifiers or biometric information must first inform the subject of that fact in writing, as well as the specific purpose and length of time for which the information will be retained, and must obtain a written release executed by the subject.20

• Private entities are prohibited from selling or disclosing biometric identifiers or biometric information, subject to certain exceptions.21

Privacy Act regulates how private entities may collect and handle biometric data and provides a private cause of action for any person

“aggrieved by” a violation of the statute.

Plaintiff further alleged that while the biometric collection system was implemented shortly after her employment at White Castle began, in 2004, it was not until 2018 that White Castle first sought her written consent to acquire and disclose the biometric data.22

White Castle moved for judgment on the pleadings, making two primary arguments. In the critical contention that primarily led to the subsequent appellate and Supreme Court decisions, White Castle argued that Cothron’s BIPA claims were untimely because the initial alleged violation occurred in 2008, when White Castle first obtained Plaintiff’s biometric data after BIPA was enacted.23 In response, Plaintiff argued that a new claim accrued each time she scanned her fingerprints and White Castle sent her biometric data to its third-party authenticator, rendering her action timely with respect to the unlawful scans and transmissions that occurred within the applicable limitations period.24

The District Court agreed with Plaintiff and denied White Castle’s motion.25 The court later certified its order for immediate interlocutory appeal, finding that its decision involved a controlling question of law on which there is substantial ground for disagreement.26 The Seventh Circuit accepted the certification.27

On appeal, White Castle argued that a proper application of the earlier Illinois Supreme Court decision in Rosenbach v. Six Flags, 28 should result in a conclusion that the clock started running on Cothron’s claims after her initial fingerprint scans.29 While the Seventh Circuit found White Castle’s contention compelling, it held that the plain language of BIPA does not clearly state that a violation accrues only once.30 Ultimately, the Seventh Circuit found the parties’ competing interpretations of claim accrual reasonable under Illinois law, and that “the novelty and uncertainty of the claim-accrual question” warranted certification of the question to the Illinois Supreme Court.31

Because of the practical implications for Cothron and other similarly situated plaintiffs, and finding the relevant criteria favored certification, the Seventh Circuit certified the following question to the Illinois Supreme Court:

“Do Section 15(b) and 15(d) claims accrue each time a private entity scans a person’s biometric identifier and each time a private entity transmits such a scan to a third party, respectively, or only upon the first scan and first transmission?”32

22 2023 IL 128004 at ¶ 6.

23 Id. at ¶ 7.

24 Id.

25 Cothron v. White Castle System, Inc., 477 F. Supp. 3d 723, 734 (N.D. Ill. 2020).

26 2023 IL 128004 at ¶ 8.

27 Id. at ¶ 9.

28 2019 IL 123186.

29 Cothron, 20 F.4th at 1162-64; see 2023 IL 128004 at ¶ 16.

30 Cothron, 20 F.4th at 1165.

31 Id. at 1165-67.

32 20 F.4th at 1167; 2023 IL 128004 at ¶ 12.

THE SUPREME COURT’S DECISION

In a 4-3 decision, authored by Justice Rochford, joined by Justices Neville, Cunningham, and O’Brien, the Supreme Court held “that a separate claim accrues under the Act each time a private entity scans or transmits an individual’s biometric identifier or information in violation of section 15(b) or 15(d).”34

The Supreme Court’s analysis centered on the plain language of the Act.35 In reaching its conclusion, the Court also rejected several non-textual arguments raised by White Castle, including the nature of the purported harm alleged by plaintiffs in BIPA actions and the possibility for “astronomical” damage awards.36

The Court pointed to the statutory language – which prohibits a private entity from “collect[ing] . . . a person’s . . . biometric identifier or biometric information, unless it first” provides certain disclosures and obtains consent as outlined in the rest of section 15(b).37 It further “disagreed . . . that [unlawful collection] can happen only once.”38 The Court then observed that Plaintiff had alleged:

White Castle obtains an employee’s fingerprint and stores it in its database. The employee must then use his or her fingerprint to access paystubs or White Castle computers. With the subsequent scans, the fingerprint is compared to the stored copy of the fingerprint. Defendant fails to explain how such a system could work without collecting or capturing the fingerprint every time the employee needs to access his or her computer or pay stub.39

Rather, the Supreme Court agreed with the federal District Court, as well as an earlier decision of the Illinois Appellate Court, and held that based on BIPA’s text, “[a] party violates Section 15(b) when it collects . . . a person’s biometric information with informed consent” and that “this is true the first time an entity . . . collects biometric information, but it is no less true with each subsequent scan or collection.”40

Turning to Section 15(d), the Court observed that similar to Section 15(b), Section 15(d) “mandates consent or legal authorization before a specific action is taken.”41

33 2023 IL 128004 at ¶ 10. In doing so, the Court assumed, without deciding, “that White Castle’s alleged collection of plaintiff’s fingerprints and transmission to a third party was done in violation of the Act.” Id., at ¶ 12.

34 2023 IL 128004 at ¶ 1.

35 Id. at ¶ 20.

36 Id. at ¶¶ 32, 40.

37 Id. at ¶¶ 16, 22; see id. at ¶¶ 17-19.

38 Id. at ¶ 23.

39 Id. at ¶ 23; see also Cothron, 477 F. Supp. 3d at 732.

40 Id. at ¶ 24; see also Cothron, 477 F. Supp. 3d at 732; Watson v. Legacy Healthcare Financial Services, LLC, 2021 IL App (1st) 210279, ¶¶ 46, 53.

41 2023 IL 128004 at ¶ 27.

The Illinois Supreme Court accepted the certification and chose to answer the question.33

As with Section 15(b), therefore, the Court held “that the plain language of section 15(d) applies to every transmission to a third party.”42

The Court thus concluded “that the plain language of section 15(b) and 15(d) demonstrates that such violations occur with every scan or transmission.”43

The Court then addressed what it called “White Castle’s nontextual arguments in support of its single-accrual interpretation,” by which the Court said it was “not persuaded.”44

The Court first discussed the argument, which was based on earlier cases interpreting the Act,45 that, when a party collects or discloses biometric information without complying with the Act’s notice and consent requirements, an individual’s rights have been invaded, an injury has occurred, and the plaintiff may immediately sue. Or, in other words, “the invasion and injury are one and the same and occurred upon [p]laintiff’s initial loss of control of her biometrics.”46 The Court found that this contention “misreads” the cited decisions, none of which “involved, let alone analyzed, the question of claim accrual under the Act.”47 Rejecting the argument, completely, the Court then concluded:

Put simply, our caselaw holds that, for purposes of an injury under section 15 of the Act, the court must determine whether a statutory provision was violated. Consequently, we reject White Castle’s argument that we should limit a claim under section 15 to the first time that a private entity scans or transmits a party’s biometric identifier or biometric information. No such limitation appears in the statute. We cannot rewrite a statute to create new elements or limitations not included by the legislature.48

The Court next discussed the argument advanced by White Castle and supporting amici, that the per-scan interpretation would lead to “astronomical” damage awards that would constitute “annihilative liability” and such ruinous damage awards would be inconsistent with legislative intent.49 To reinforce this argument, White Castle estimated that if it were found liable for statutory damages “per-scan,” class-wide damages for its approximately 9,500 past and present employees would exceed $17 billion.50 The Court remained unpersuaded, noting “the statutory language clearly supports plaintiff’s posi-

42 Id. at ¶ 28; see id. at ¶¶ 29-30.

43 Id. at ¶ 30.

44 Id. at ¶ 32.

45 See Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186; West Bend Mutual Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978; McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511.

46 2023 IL 128004 at ¶¶ 32-34.

47 Id. at ¶ 35; see id. at ¶¶ 36-38.

48 Id. at ¶ 39.

49 Id. at ¶ 40.

50 Id. at ¶ 40.

tion” and “where statutory language is clear, it must be given effect, even though the consequences may be harsh, unjust, absurd.”51

The Court also rejected the bogeyman52 damages argument for the further reason that the horror of hypothetically crippling awards which underpinned the contention was far from certain to ever occur. First, the Court noted a trial court “presiding over a class action—a creature of equity—would certainly possess the discretion to fashion a damage award that (1) fairly compensated claiming class members and (2) included an amount designed to deter future violations, without destroying defendant’s business.”53 The Court further observed that the General Assembly appeared to make damages discretionary, rather than mandatory, under the Act.54 Summing up, the Court stated:

While we explained in Rosenbach that “subjecting private entities who fail to follow the statute’s requirements to substantial potential liability, including liquidated damages, injunctions, attorney fees, and litigation expenses ‘for each violation’ of the law” is one of the principal means that the Illinois legislature adopted to achieve the Act’s objectives of protecting biometric information … there is no language in the Act suggesting legislative intent to authorize a damages award that would result in the financial destruction of a business.55

The Court nonetheless acknowledged the existence of some risk that BIPA could give rise to “excessive damages awards” but stated that such “policy-based concerns about potentially excessive damage awards under the Act are best addressed by the legislature.”56 As such, the Court suggested that the legislature “review these policy concerns” and “make clear its intent” regarding damages under BIPA.57 In sum, the Court thus concluded “that the plain language of section 15(b) and 15(d) shows that a claim accrues under the Act with every scan or transmission of biometric identifiers or biometric information without prior informed consent.”58

THE DISSENTING OPINION

The dissent, authored by Justice Overstreet and joined by Justices Theis and Holder White, argued that

51 Id. at ¶ 40; see also id. at ¶ 41.

52 Describing any “fearsome or dreaded thing.” https://www.britannica.com/topic/bogeyman

53 2023 IL 128004 at ¶ 42; citing Central Mut. Ins. Co. v. Tracy’s Treasures, Inc., 2014 IL App (1st) 123339, ¶ 72.

54 2023 IL 128004 at ¶ 42; see 740 ILCS 14/20 (detailing the amounts and types of damages that a “prevailing party may recover” (emphasis added)); see also Watson, 2021 IL App (1st) 210279, ¶ 66 n.4 (concluding that damages under the Act are discretionary rather than mandatory).

55 2023 IL 128004 at ¶ 42.

56 Id. at ¶ 43.

57 Id. at ¶ 43.

58 Id. at ¶ 45.

the majority opinion could “not be reconciled with the plain language of the statute,” the purpose behind BIPA, or case law.59 Referencing the “potential imposition of crippling liability on businesses” as a “proper consequence to consider,” the dissenters would have concluded that a claim accrues under BIPA “only upon the first scan or transmission.”60

Repeatedly decrying the premise of the majority opinion as an “analytical error,”61 the dissenting opinion expressed the view that subsequent scans of the same person’s biometric data do not constitute separate violations of BIPA.62 The dissent explained that the “precise harm” that BIPA sought to prevent “was an individual’s loss of the right to maintain biometric privacy.”63 And that harm is fully realized the first time an entity collects biometric data without consent:

It is axiomatic, however, that a private entity may obtain any one type of a person’s biometric information only once, at least until that biometric identifier or information is destroyed.64

Additional scans do no additional harm to an individual, the dissent reasoned, because “[w]ith subsequent authentication scans, the private entity is not obtaining anything it does not already have.”65

Therefore, in the dissent’s view, an entity such as White Castle could violate each sub-section of BIPA only once: at the time of the initial collection or disclosure.66 Because, in this case, those events occurred in 2008, the dissent’s position would have led to the ultimate conclusion that Cothron’s claims were time-barred.

The dissent also sharply criticized the majority for interpreting BIPA in a way that will lead to consequences that it believes the legislature could not have intended.67 According to the dissent, when a statute is susceptible of multiple interpretations, courts should “assume that the legislature did not intend to produce an absurd or unjust result.”68 The dissent identified what are, in its view, three such harsh, unjust, absurd, or otherwise unwise consequences of the majority’s interpretation.

First, the dissent theorizes that if every scan is a separate, actionable violation, qualifying for an award of liquidated damages, then it is in a plaintiff’s interest to delay bringing suit as long as possible to keep “racking up” damages, whereas if a party was really losing control over his or her biometric information with every scan,

59 Id. at ¶ 48.

60 Id. at ¶¶ 48, 62.

61 Id. at ¶¶ 51, 52, 54.

62 Id. at ¶ 51.

63 Id. at ¶ 50.

64 Id. at ¶¶ 50-53, 54-55.

65 Id. at ¶ 51; see also id. at ¶¶52-53.

66 Id. at ¶ 54.

67 Id. at ¶ 63; see also id. at ¶¶ 59-62.

68 Id. at ¶ 63.

this incentive would simply not exist.69

Second, the dissent posits that the majority’s construction of the Act “could easily lead to annihilative liability for businesses.”70 Citing White Castle’s $17 billion liability estimate, the dissent lamented that the per-scan approach could impose “punitive, crippling liability on businesses,” which in its view could not have been “a goal of the Act” because it believes the legislature would not have intended “to impose damages wildly exceeding any remotely reasonable estimate of harm.”71

Third, the dissent postulates that majority’s interpretation would lead to the “absurd result” that an entity that commits “the worst type of violation of the Act— intentionally selling their biometric information to a third party with no knowledge of what the third party intended to do with it” would be subject to liquidated damages of $5000, while “an employer with no ill intent that used that same person’s fingerprint as an authentication method to allow access to his or her computer could be subject to damages hundreds or thousands of times that amount.” The dissent believes this “could not have been the legislature’s intent.”72

The dissent acknowledges the legislature intended to ensure the safe use of biometric technology and thus required notice and consent before biometric information is collected or disclosed. It further recognizes that in order to “encourage compliance and to prevent and deter violations, the Act provides for injunctive relief and liquidated damages.”73 It fundamentally departs from the majority’s conclusion that a claim accrues under the Act with every scan or transmission of biometric identifiers or biometric information without prior informed consent, however, because:

I see nothing in the Act indicating that the legislature intended to impose cumbersome requirements or punitive, crippling liability on corporations for multiple authentication scans of the same biometric identifier. The legislature’s intent was to ensure the safe use of biometric information, not to discourage its use altogether.74

In the dissent’s view, that is precisely the consequence of the Court’s decision.

THE IMPACT OF COTHRON

Certainly, in the wake of Cothron, businesses that utilize fingerprint scanners or other biometric identification systems in Illinois would be wise to review their BIPA disclosures and consent process to ensure that they are fully and completely compliant with the Act. Those

69 Id. at ¶ 60.

70 Id. at ¶ 61.

71 Id. at ¶¶ 62-63.

72 Id. at ¶ 63; see also id. at ¶¶ 64-65.

73 Id. at ¶ 66.

74 Id. at ¶ 66.

who fail to take heed of the core holdings in Cothron risk finding themselves facing substantial liability where the alleged collection or disclosure of biometric data occurred repeatedly.

Some commentators have hypothesized that the Cothron decision may set the stage for a veritable tsunami of ruinous judgments for plaintiffs in class action litigation. Others view Cothron as representing a new and significant obstacle for defendants facing BIPA claims in what already was a hostile litigation environment. Still others have pointed to the decision as potentially providing a benefit to defendants by suggesting potential arguments against class certification based on the individualized nature of damages analysis, and highlighting potential constitutional arguments to be made if a trial court declines to reduce an award of class-wide damages.

It is unclear whether any of these predictions will actually come to pass, however. The long-term impact of the core premise of Cothron – that every scan or transmission of biometric identifiers or biometric information without prior informed consent is a separate violation giving rise to a separate claim for statutory damages – certainly is an open question. After all, the majority opinion expressly invites the legislature to revisit, and

Court’s observation that damages are discretionary under the Act, and that they should fashion a damage award that fairly compensates class members and deters future violations, but without destroying a defendant’s business. The Court provided no guidance to trial courts as to what factors or criteria should be utilized in exercising this discretion. How they will do so, and how they will meet the seemingly contradictory objectives expressed by the Supreme Court when they do, remains to be seen.

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My Time on the Polish Border with Ukraine

Ed. Note: Mark Belokon gave the speech that follows at a dinner for the Jefferson Inns of Court. Several in attendance felt the tale deserved wider distribution, and so we publish it here.

BY MARK BELOKON

About 6 weeks ago, my cellphone rang. It was Fred Foreman. Oh-Oh. The first thing I must have said was “my attorney is Dan Webb.” I am not answering any questions, Fred. But Fred told me it was okay and I hadn’t been indicted. Again. And that he wanted to ask me if I would like to speak with all of you about the civilian relief efforts in Ukraine which I had recently supported.

No sweat – Here I am. Good Evening, my name is Mark Belokon. Well, it’s been a while. I showed up in Waukegan in 1980 to practice law, and remained for over 30 years. My last office was at 25 North County Street. I think my name is still on the building in bronze colored plastic.

I have brought a special guest with me tonight. It’s Bill Franks recently retired from the Law and, like myself, an alumnus of the Jefferson Inns of Court.

I brought some pictures of my trip to share with you tonight. Please feel free to pass these around during my talk.

But – onto the Ukraine. One might assume that the current war between Ukraine and Russia is an anomaly, but that would be incorrect. Conflict in the Ukraine has been present forever. Ukraine belongs to whoever controls

it. The town I stayed in, Pshish, located about six miles from the Polish-Ukraine border, was over-run in 989 A.D. by Volodymir, as part of the Viking Invasion which continued east, to Crimea.

Poland held Western Ukraine for over 400 years and then it was the Austro-Hungarian empires turn. They ruled western Ukraine until the end of World War I. Being on the losing team, the Austrians gave up Ukraine and Its ownership once again conferred on whoever possessed it. That fell to the Russians in 1923 when it became a part of the USSR, and remained so until Ukraine became an autonomous nation when the Soviet Union collapsed.

The Russian occupation and purge of the Ukraine from 1928 through the 1930’s holds more than an academic interest for me. My father, along with two uncles and my grand-

Mark Belokon practiced law in Waukegan for over 35 years. His last office at 25 North County Street still has his name in plastic on the front of the building.

parents repatriated to Ukraine from Chicago in 1926, part of a brigade that settled as farmers on a collective near Kiev. In 1929, Stalin’s troops showed up and confiscated the family tractor, leaving them with bleak prospects of survival. And so, they all returned to Chicago, safely escaping the fate of over 5 million Ukrainians who remained. Fortunately, my dad and his brothers returned home to the west side of Chicago just in time for the great depression and later, to fight in World War II.

My journey to Poland began on May 27th of this year, when I boarded a SAS flight enroute to Krakow, Poland. SAS took me as far Stockholm, where I switched to Austrian Air to Vienna and then a short hop to Krakow. I got to the main rail station and boarded the train to Pshish, which is spelled PRZEMYSL. The train was unbelievably jammed with refugees. These were people leaving Poland, planning to return to safe parts of Ukraine. It was an old-style train, with compartments. Everyone had assigned seats, which didn’t seem to matter much. It cost about thirteen dollars, not bad for a three-and-a-half-hour train ride. Some people in one of the compartments saw me in the vestibule and took me in. Conversation was sparce, as I don’t speak Polish or Ukrainian and they didn’t speak much English. The common denominator was that everyone wanted to be someplace other than on that train. Pshish is southwest of Krakow, about 6 miles from the border with Ukraine and about 50 miles due west of Lviv. The train ride from Krakow to Pshish was a continuation of being awake for 24 hours and allowed me some time to reflect on what I was doing there. I had a desire to help people who had been caught up in a war they had not expected and did not want, especially since it had been directed at non-combatants like themselves. I also felt that I was helping others, doing God’s work, etcetera. But sometimes, a person can be motivated by more than one thing.

At 68 years of age, with cancer, two heart attacks and three stents, I wanted to prove to myself that I could still cut it. I have always been a traveler and looked forward to meeting people and maybe, helping out.

I arrived in Pshish in the early evening ready to explore my home away from home. I had been corresponding with the proprietors of the hostel where I would be staying asking for directions from the station. They replied that the hostel was twenty minutes from the station “by food”. After puzzling what that meant, I realized that meant “by foot”. And caught a cab.

Psish was filled with refugees. As a gateway out of the Ukraine and into Poland, the place was packed.

There were refugees billeted in the train station. The Ukraine consulate in Pshish was filled with beds. Some local residents had opened their homes to their foreign guests. This is remarkable in light of recent history between the two nations that was at times less than cordial. Pshish is and ancient city with about sixty thousand residents. A river, called the Dan, runs through Pshish. Volunteers were left to their own devices to arrange for transportation and lodging. I found my hostel on the river with a small balcony, and moved right in. Thirty dollars a night. For a while, I was the only occupant of this once stately building. There was an old lady who would suddenly appear at the end of one of the long hallways just like that scene in the Stephen King movie – The Shining. After a few days, more guests began to arrive and it wasn’t as spooky. The view of the river at dusk was stunning. The town itself is very quaint, with a main shopping street, bars, and cafes. There are also a lot of leftovers from the cold war, when the Soviet Union ran the place. There are remnants of buildings that were probably bombed out during World War II, and underground bomb shelters. I remember hoping that the Russians would leave Pshish alone and not level it, especially while I was there. I also got the feeling that with about 130,000 NATO troops in Poland, the Poles wouldn’t have minded settling some old scores and taking a piece out of the Russians. But I was just there to cook.

The World Central Kitchen prepares and delivers between eight to ten thousand meals a day to Ukrainian refugees in Pshish and other Polish and Ukrainian locations. The exact location of the kitchen is not publicized, nor are the out-of-town places that receive the food, lest the Russians attack these locations. So far, one field kitchen near Kharkiv was bombed. A few volunteers were wounded but no one from the kitchen was killed and they were up and running again the following day. A supply train carrying food was also hit near Kharkiv, destroying food headed to refugees in Eastern Ukraine, but again, there were no casualties. There were reports of Russian spies in in Pshish, relaying information about the movement of armaments and other supplies leaving Poland. I was one of about 25 volunteers, mostly Americans and some Canadians. Our primary duties included preparation of vegetables and making sandwiches. We chopped mountains of cabbage, carrots, onions and, of course, beets. Over the course of seven days, for we worked every day, we prepared over 36,000 sandwiches. I was a cook, one of the three jobs available to volunteers. Others worked serving the food or as night drivers, distributing food to

My journey to Poland began on May 27th of this year, when I boarded a SAS flight enroute to Krakow, Poland.

various locations. On Saturday night, after my day shift, I volunteered to serve food at the railway station in Pshish. There were many trains coming and going, and the place was packed. Customs control is adjacent to the station, and there were long lines of people who had been waiting for clearance to return, making sure that they were going home to a safe place or staying with relatives who could look after them. We fed these people hot meals until midnight and sent them away with sandwiches and fruit for the long train ride ahead. The refugees were mostly children, moms and elderly people. There were suitcases everywhere, lots and lots of suitcases. It was clear to me that these are the people who take it on the chin in wars. Of course, soldiers die, but they are also actively trying to kill their enemies. These folks are just trying to get out of the way and be safe.

A few of my fellow cooks brought an extra suitcase or two packed with medical supplies. In Krakow, there are aid organizations that assembled these supplies into parcels that could be sent to medical units near the fighting. At the time I was there, the Polish authorities were tolerant of this importation of supplies that were theoretically for the personal use of their American guests. Some of the Americans took this even further. One of my fellow volunteers, also named Mark, was a paramedic from the Pacific Northwest. One morning, he was missing from our daily gathering at the World Central Kitchen. Mark had taken the night train to Kharkiv where he went to the front to volunteer as a paramedic for the Ukrainian cause. I don’t know what happened to him after that and while I personally consider his decision to be heroic, I would not have done it. The reason I was there was to feed refugees, not to become involved as a combatant that Russia would treat as a terrorist, not subject to the Geneva convention, but rather, to summary trial and punishment on the field. By this, I assumed that I would be shot. The U.S. State Department advises us not to travel to Ukraine. Also, in the event of sickness or injury, I would not be protected by any travel insurance. Like many people who travel to foreign countries, I purchase supplemental medical travel insurance through companies like Trawick and American Express. However, the fine print excludes coverage for those travelling in war zones and especially for those actively participating in support of wars. I know I don’t need to caution a room full of attorneys to mind the fine print.

There is no doubt that some of our food went to other refugees throughout Poland and Ukraine. I was told that there is a type of underground railroad to move supplies, using structures and other camouflage to conceal these caravans of cars and trucks in the daytime. Using local drivers familiar with the territory, they drive on back roads, without lights, relying on infrared night vision goggles. It calls to mind a Russian saying “The moon is the Cossacks sun” I would not want you to think that it

Chef Jose Andres, the founder and head of World Central Kitchen.

Volunteer cooks at work.

was all work and no play in Pshish. After our shift, we gathered at “the Bear”, a bar downtown. A large liter and a half of Okocim draft beer cost twelve zloty, about a dollar fifty. I sent my girlfriend, Paula, a picture of a roast duck that was almost as good as the duck here at Jack’s place.

I would also like to stress that I was never in any physical danger from the Russians. I did not venture into the Ukraine, where there is a huge refugee camp called Tesco, named for the British big box store that now houses refugees. Tesco is about ten miles from Pshish. Imagine an empty Lowe’s filled with beds. The closest that I came to the actual war was the Russians hitting a railway trestle with a missile. This happened in southwestern Lviv province, about 35 miles from Pshish.

World Central Kitchen is the creation of a famous chef named Jose Andreas who has many restaurants, including two new ones in Chicago. One day, Chef Andre came to visit us in Pshish and I met him. He spoke about the mission of World Central Kitchen. They maintain food kitchens throughout the world, including the United States. Among their many locations, they were recently in Southeast Florida helping with hurricane relief. They have no political agenda. They are secular. In effect, they are a service organization, dedicated to feeding the hungry wherever they are. They rely on volunteers and are very welcoming and appreciative. You can view their work online and Ron Howard has recently made a film documenting their work called “We Feed the People”

World Central Kitchen is a 502.c3 charitable organization. Charity Navigator gives a 100-percent rating with almost 86 percent going to its’ programs and less than 5 percent for administrative expenses. Chef Andreas began working in charitable kitchens in Washington DC. He evolved the concept into WCK in 2010 when an earthquake hit Haiti.

I feel that World Central Kitchen is a good operation. It goes where the need is urgent and sets up partnerships with local suppliers and existing providers giving them a jump start with funding and volunteers, to feed the hungry. A high percentage of donations go to operational costs more than management and fund raising. If you choose to send them a donation, they are happy to accept it. But I would like to suggest an alternative to that. Get involved, volunteer to help. Don’t want to go to Poland to cook or mule in medical supplies? How about Florida? World Central Kitchen was there right after Hurricane Fiona and Ian. Puerto Rico too. Madrid, Spain. Go to their website www.wck.org, register and scroll through the list of volunteer opportunities. That’s how I was able to sign up for Poland. But there are more options closer to home. Volunteer at your local food pantry or soup kitchen. Give Habitat for Humanity a Shot. The Red Cross is actively recruiting volunteers. October 24th marks the 77’th anniversary of the day in 1945 when the UN Charter entered into force. Today is UNITED NATIONS DAY and Food Day is observed annually on October 24th. Each of you are halfway there already as

volunteers. As attorneys, we help people – that’s what we do. There is no set formula for happiness in our lives. Service to others in need of food and shelter will pay back dividends in so many ways. You will always receive so much more than you give and meet amazing people. I’m sure that many of you are volunteering already in the community.

So, My thanks to the bench and bar of Lake County, the Fighting 19th. My thanks to Fred Foreman for reaching out to me to share my experience. It’s been a wonderful life, including my years spent in Lake County. And even the parts that weren’t wonderful were interesting.

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The Breakfast Club Revisited

BY RICKEY J. AMENT AND MICHAEL S. STRAUSS

LONG, LONG AGO, IN A COURTHOUSE FAR, FAR AWAY … There was no Starbucks. There were no tables in the entry. There was just a cafeteria that served coffee, and it did so for less than $1.00, including tax. And there were bagels, and some other stuff. And, amidst it all, people congregated around one man -- WAYNE FLANAGAN.

The memory of this idyllic scene (for us) was brought home most vividly several years ago, in 2018, when nine regular practitioners in the family law division were seated around one of those small, round tables in the entryway to the courthouse. We were socializing, learning about the children and grandchildren, comparing social lives, reviewing movies and plays, and talking about other topics people typically discuss. It was all friendly conversation. The discourse also included questions about particular cases, and litigation strategies, so long as both sides weren’t there. All of this was really a holdover from what we used to call

“Wayne’s Breakfast Club.”

During the heyday of Wayne’s Breakfast Club, lawyers, deputy sheriffs, and even an occasional judge would sit with us. Wayne would sit at a table, and people just came in and sat around him. He would finish his coffee and

read his Sun Times, and we talked. And we had rules. Discussing a case with both parties there was off limits. No clients were permitted at the table. Everyone was welcome to sit, talk, have some coffee or toast. Lawyers and others would socialize, get help with a legal problem, or listen to stock tips from Steve Katz. Some would talk about fishing with Jimmy De Santo, Wayne’s fishing buddy. It was an opportunity for professionals to meet and learn about people they didn’t know on a purely social level. And, lawyers could listen and learn from the elder statesmen of the Bar Association, or the Family Law Division.

There were many, many regulars. Some were there every day. Some just came by whenever they arrived at court early. A couple of deputies would sit with us. We remember Julia Carpenter (we have to thank her for her notes on this subject), Doc Danian, Marc

Michael S. Strauss is a partner of Strauss & Hoyt, LLC, where is practices primarily family law.

Rickey J. Ament is the owner of Abrams & Ament, P.C. The firm practices mostly in the areas of family law and real estate, with some small corporation issues.

Schwartz, Nancy Waites, Michael Cohen, Sally Lichter, Bella Rappaport, Steve Katz, Maer Davis, Mary Clark, and others. If we have failed to mention you, we are sorry. Please don’t take it personally. Wayne died in 2004. It has been a long time, and memories dim with time and age.

Certain things were absolute. Wayne would finish his coffee and break the sides of his non-biodegradable cup into little pieces, and put them in the bottom of the cup. He read his Sun Times, sometimes never looking up to talk. Steve Katz dispensed sage advice, like “water seeks its own level, it’s an ebb and flow in private practice, don’t take it too seriously but always be truthful and ethical,” and many others. We recall that Steve was one of the first to be in favor of same sex marriage, reasoning that it would increase the potential client base. Nancy Waites (now retired Judge Waites) had to do her crossword puzzle before Court started. And we wouldn’t let her drink coffee because she was already too hyper.

We occasionally had some interlopers. Doc would stop by from time to time, and Jimmy De Santo was a regular. Wayne and Jimmy were fishing buddies, and they talked fishing. No one else really cared about fishing, but we chimed in, anyway. Michael Cohen was the practical joker in the group, and no one was safe from his pranks.

Wayne, a former president of the Bar Association, would tell stories of the “good old days” at court. He reminisced that August was a month “off” – no one had an emergency in August, and the Judges weren’t always there. He recounted how he trained his girls not to slam the doors to their bedrooms by removing them from the hinges; and shared how he told his daughters that they could go to any college they wanted, so long as it was a Catholic school within driving distance. He told us about a time when the bar association was a group of friends, and you could trust everyone.

Flash forward to 2019. While Wayne was no longer around, the spirit of the breakfast club remained. It was still a group of lawyers sitting together before court began to discuss life. The rule remained that people could not talk about cases. You would still find judges stopping over to say hello, including Judges Johnson, Ukena, and Collins, among others. Everyone was invited and welcomed, even lawyers that practiced in other fields of law. More tables would be pulled over if needed. Lawyers got a chance to meet each other as real people with families and genuine emotions.

Then Covid said hello and the world shut down. We were all introduced to Zoom court. In person get-togethers ended. You were lucky even to see people in person that worked at your firm, as most of the world was working

remotely. Lawyers were no longer seeing each other in person, and almost all communications were done by email and text. Lawyers would view other lawyers, albeit briefly, in Zoom court. But when a court appearance was over, the lawyers would simply click out of court with no interaction at all between attorneys. There was no chance for an informal settlement discussion, or even just a friendly conversation between professional colleagues.

It has been reported across the country, that lawyers have become far less civil in their interactions with each other, and that the legal system itself is getting far more litigious. Most of us probably would be lying if we did not agree that this was true or denied that we had experienced it ourselves. It truly feels like we live in a social media/video game world right now; no one has a problem inflicting harm in video games because it is not real and we usually do not know who the people in the game are as well. The vast majority of the population would never inflict that kind of harm on actual human beings. Likewise, when it comes to social media, people feel empowered to aggressively post and comment on things because they can hide behind a screen. The things they say in their posts and comments, however, are not things they would ever say to a person’s face.

We have personally found over the last few years that many lawyers are sending increasingly mean emails or “nasty grams” to opposing attorneys. We have seen lawyers fight over subjects that should be non-issues, or invent problems when none existed. We have seen lawyers dressed inappropriately for zoom court, and behaving far less than respectfully to opposing counsel and to the court. These behaviors and interactions would never happen like that in person. Frankly, if lawyers were still seeing each other in person and there was a human element to it, it seems doubtful these aberrant behaviors would be occurring. It would be easy to play the part of the old person and just blame the younger and newer lawyers. However, that would not be the truth. While some young lawyers play a part in this, too often we have seen more experienced lawyers falling into the same trap and interacting digitally in ways they never would have conducted themselves in person a few years ago.

We are glad to see that the courts across Illinois are slowly reopening. There are so many benefits to resuming in-person litigation. We look forward to a time when we can also reopen Wayne’s Breakfast Club and welcome everyone who wants to join in the conversation. However, we fear that a “generation” of attorneys may have been lost to the effects of the pandemic. Lawyers who came out of law school between 2018 and the present seemingly know only

During the heyday of Wayne’s Breakfast Club, lawyers, deputy sheriffs, and even an occasional judge would sit with us.

how to litigate and interact on Zoom, and how to communicate with other counsel only electronically. They do not know how to interact in person, or even how to litigate in person. They do not know the ins and outs of settling a case civilly. Basic issues that were so easy to resolve prior to Covid, with simple face to face conversation, now become huge, contentious messes. This is an enormous problem. Still, one can hope that over time, and with more in-person litigation and interaction, people will re-learn how to get along and cooperate for the benefit of the all of the parties, the lawyers and the entire court system.

David J Gordon, CFP Senior Portfolio Management Director Executive Director, Financial Advisor NMLS#

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www.TheGordonFinancialGroup.com

(847) 291-5500

Source: Forbes.com (April 2023) Forbes America’s Top Wealth Advisors and Best -In- State Wealth Advisors rankings awarded in 2023. This ranking was determined based on an evaluation process conducted by SHOOK Research LLC (the research company) in partnership with Forbes (the publisher) during the period from 6/30 /21 - 6/30/22. Neither Morgan Stanley Smith Barney LLC nor its Financial Advisors or Private Wealth Advisors paid a fee to SHOOK Re search LLC for placement on its rankings. This ranking is based on in-person and telephone due diligence meetings to evaluate each advisor qualitatively, a major component of a ranking algorithm that includes client retention, industry experience, review o f compliance records, firm nominations, and quantitative criteria, including assets under management and revenue generated fo r their firms. Investment performance is not a criterion. Rankings are based on the opinions of SHOOK Research LLC and this ranking may not be representative of any one client’s experience; investors must carefully choose the right Financial Advisor or team for their own situation and perform their own due diligence. This r anking is not indicative of the Financial Advisor’s future performance. Morgan Stanley Smith Barney LLC is not affiliated with SHOOK Research LLC or Forbes. For more information, see www. SHOOKresearch.com.

The use of the CDFA designation does not permit the rendering of legal advice by Morgan Stanley or its Financial Advisors which may only be done by a licensed attorney. The CDFA designation is not intended to imply that either Morgan Stanley or its Financial Advisors are acting as experts in this field.

Both

Whether you have a potential liability issue, need advice on managing your practice, or an ethical question…we are here to help

GOLF OUTING

2023 LCBA GOLF OUTING

PLAY

Players of all levels are encouraged to participate in the 2023 Lake County Bar Association Golf Outing.

Golf Championship Trophy

For those who take this outing seriously, this is your goal. Remember, two members of a foursome must be LCBA Members to win the trophy.

CONTESTS

Contests for players of all levels

• 1st, 2nd, 10th & “You Should try Bowling” Place Awards

• Men’s/Women’s Longest Drive

• Men’s/Women’s Longest Putt

• Men’s/Women’s Closest to the Pin

• $10,000 Hole In One Prize

• 50/50 Ball Raffle

• Raffle prizes

PLAYERS

$195/player or $740/foursome

• Greens fee, cart and range balls

• Lunch, two beverage tickets and post play reception, all outdoors

• Commemorative golf item

• 1 door prize ticket per player

• Raffle Prizes and Outing contests

THE COURSE

The Dick Nugent built White Deer Run Golf Club is a par 72, 7,149-yard championship public golf destination combined with the finest banquet and dining experiences conveniently located in Vernon Hills. White Deer Run Golf Course provides generous landing areas off the tee and immaculately groomed bentgrass tees, fairways and greens, perfect for your round of golf. Our clubhouse offers incredible views of the course and Lake Charles. Perfectly suited for a golf outing, or more intimate gatherings. Our friendly staff and beautiful views will make your visit a memorable experience.

FEEL GOOD FOUR PACK (PER PLAYER)

Does your golf game struggle a bit? No worries – for a $20 contribution to the Lake County Bar Association, you can purchase a Feel Good Four Pack consisting of the following:

• 2 Do-Over Mulligans for Tee Shots

• 1 Do-Over Mulligan for a Chip Shot

• 1 Give-Me - If ball is within 2 putter lengths of hole, pick it up and count is as only one stroke

• 5 additional raffle tickets for door prizes

RAFFLE PRIZES

We are seeking 5 - 10 raffle prizes valued at $250 or above. Donors receive:

• Firm, organization or company prominently displayed throughout the championship

• Firm, organization or company name/logo on all advance promotional materials once commitment is made

• Acknowledgment of sponsorship in player welcome packet

THE FINE PRINT

No reservations will be accepted unless payment is received (or guaranteed by a credit card) by Friday, June 16, 2023. No refunds will be issued after 12:00 Noon, Friday, June 16, 2023. Any member who reserves a foursome will be responsible for the payment and attendance of the entire group (the reserving LCBA member’s credit card will be charged for the entire group fee regardless of whether the entire foursome is present to play on Thursday, June 22, 2023 (unless prior arrangements have been made before the cancellation date).

June 22, 2023 • White Deer Run Golf Club Register online at

JOIN THE FUN AS A SPONSOR

Hole In One Sponsor: $1,500 (Exclusive to only 1 sponsor)

• Includes $10,000 HIO Signature Prize on hole #6 and Bonus Prizes on other par-3 holes

• Name/Logo displayed on signs at all 4 Par-3 Holes

• 1 Complete Foursome Package starting on Par-3 Hole of your choice

• 4 Feel Good Four Packs

• 2 representatives permitted at a par-3 hole to greet players and distribute items. Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets

• Complimentary ½ page advertisement in September 2023 issue of The Docket

Eagle 4-Some Sponsor: $1,200 (Exclusive Hole Sponsorship & 4-Some)

• 1 Complete Foursome Package and Choice of starting hole (first paid – first choice)

• 4 Feel Good Four Packs

• Exclusive Sponsorship of starting hole with name/logo displayed on sign at tee box (excludes par-3 holes)

• 2 representatives permitted at sponsored hole to greet players and distribute items. Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets

• Complimentary ½ page advertisement in September 2023 issue of The Docket

Gold Tee Sponsor: $750 (Exclusive Hole Sponsor)

• Exclusive Sponsorship of a hole (excludes par-3 holes) including name/logo displayed on sign at tee box.

• 2 representatives permitted at sponsored hole to greet players and distribute items. Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets

• Complimentary ¼ page advertisement in September 2023 issue of The Docket

Golf Cart Sponsors: $500 (2 available)

• Name/Logo prominently displayed on every golf cart visible throughout play

• 1 ticket to the pre-round luncheon and post-round reception

Competition Sponsor: $250 Pick One: Longest Drive-Men/Longest Drive-Women / Longest Putt-Men/Longest Putt-Women / Closest to the Pin-Men/Closest to Pin-Women)

• Sponsor a Hole Competition for either the men’s or women’s contest (6 available)

• Name/Logo displayed on sign at competition hole

Food Sponsor: $150 (unlimited)

• Name/Logo displayed with other food sponsors on sign prominently displayed where food is served.

All sponsors acknowledged on rules sheet, during post-round reception and in the September issue of The Docket.

•

•

•

GOLF & SPONSOR REGISTRATION

My Foursome:

Please try and place me with:

Name:

o Individual Player: # ____ @ $195 (includes golf, lunch & reception)

o Foursome: # ____ @ $740 (includes golf, lunch & reception)

o Feel Good Four Pack: # ____ @ $20

o Lunch Only: # ____ @ $25

o Reception & 1 Drink Ticket: # ____ @ $25

o Hole-In-One Sponsor: $1,500

o Eagle 4-Some Sponsor: $1,200

o Gold Tee Sponsor: $750

o Golf Cart Sponsor: (2 available) $500

o Competition Hole Sponsor: (6 available) $250

o Food Sponsor: $150 Total $ _______

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

Mastercard*

Discover*

Number: Expiration Date: ____/____/____ CVV: ___________

Signature:

*A 4% credit card procesing fee will be added when paying with a credit card. Please

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

Hon. Elizabeth Rochford:

A Former LCBA President as Supreme Court Justice

BY SCOTT B. GIBSON

nOMarch 23, twenty-three of the thirty-one living Past Lake County Bar Presidents hosted a Celebration Party honoring Justice Elizabeth Rochford. The event took place at our BAR BAR and was attended by over 100 LCBA members.

On December 5, 2022, Justice Rochford took her oath as the 124th Supreme Court Justice in our state’s 205year history. Justice “Liz” is only the second Lake County judge—and the first LCBA Past President—to ascend to our highest court.

After speeches by Past President Scott Gibson and President Tara Devine, Justice Liz explained the inner and outer workings of the Court with both seriousness and humor. Though there was never a doubt, our members gladly heard about Justice Liz’s commit-

ment to not just include our State Bar Associations in an array of capacities, but to also strengthen the bonds between the Court and the working Bar. She emphasized that she is committed to not only providing greater access and resources from her Court to the Bar, but also to listening to and seriously considering feedback from individual Bar Associations on behalf of their members.

Justice Liz ended her speech to a loud “Hear Hear” and champagne toast from the crowd.

Foundation & Committee Minutes

LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING

JANUARY 17, 2023

IN ATTENDANCE: BY ZOOM:

Joann Fratianni

Hon. Michael Nerheim

Douglas Dorando

John Quinn, Sr.

David Stepanich

Melanie Rummel

Jennifer Ashley

Perry Smith

Kristie Fingerhut

Shyama Parikh

Rick Lesser

Keith Grant

Steven McCollum

Also in attendance: Greg Weider, Executive Director, LCBA, LCBF.

CALL TO ORDER:

Meeting was called to order by President, Douglas Dorando at 5:082p.m.

II. APPROVAL OF MINUTES:

The Minutes of November 15, 2022 were presented for approval. Motion to approve the minutes was made by John Quinn and seconded by Kristie Fingerhut. Motion carried.

III. TREASURER’S REPORT: STATUS AND BALANCES OF LCBF ACCOUNTS:

Treasurer, Perry Smith reported that the LCBF received several Cy Pres awards, gifts from retired Judges Winter and Hoffman, and refunds on the Real Estate Taxes. The LCBF

received a refund in property taxes in the amounts of $2,232.00 for the parking lot and $20,983.78 for our building. We need to file for an exemption each year to continue receiving a property tax exemption. Perry also reported there is a recurring debit charge of $224.00 for a debit card from the Building Fund account that we need to inquire as to the necessity of that charge. Motion to approve the Treasurer’s Report was made by Rick Lesser and seconded by Melanie Rummel. Motion carried.

WARRANT/APPROVAL OF EXPENSES PAID:

The Warrants for expenses from November, 2022 and December, 2022 were presented for approval. Motion to approve the expenses made by Rick Lesser and seconded by Melanie Rummel. Motion carried.

IV. OLD BUSINESS: There was no old business presented for discussion.

V. NEW BUSINESS:

A. FUNDRAISING COMMITTEE UPDATE:

BATTLE OF THE BANDS FUNDRAISING EVENT:

The Battle of the Bands Fundraising Event is scheduled for February 23, 2023 from 6 p.m. to 9 p.m. and the designated charity will be the North Suburban Legal Aid

Clinic. David Stepanich reported that the venue for the event is set at 28 Mile Distilling Company in Highwood, with 6 to 7 Bands scheduled to perform for 20 minutes each Jennifer Ashley reported that we need gift cards from our LCBF members and businesses for the raffle and we also need to sell raffle tickets for the Condo in Cabo. We have $5,000 in sponsorships to date.

19 TH CIRCUIT LAW DAY MERIT BADGE PROGRAM FUNDING REQUEST:

Judge Salvi has requested $600 from the LCBF for assistance in funding the Law Merit Badge 2023 Program for the Boy Scouts. Motion to approve the amount was made by Melanie Rummel and seconded by Rick Lesser. Motion carried.

CY PRES AWARDS:

The Lake County Bar Foundation received two Cy Pres awards in amount of $25,979.99 and $184,691.19. Thank you letters were sent out to attorney Phil Bock for these contributions. Motion to place these amounts in a money market or interest bearing account was made by Keith Grant and seconded by Melanie Rummel. Motion carried.

FOUNDATION CONTRIBUTIONS UPDATE:

The LCBF received contributions in December 2022 from Citizens for

Judge Hoffman, Citizens for Judge Diane Winter and Ken Glick.

FOUNDATION PHILANTHROPIC GIVING:

The Board decided to discuss the use for the various donations at the next meeting.

AG990 FILING WITH THE STATE OF ILLINOIS UPDATE:

There is an issue with the 2019/2020 State of Illinois filing completed by the prior accounting firm, Manning Silverman which we are working with them to correct.

TRUSTEE TERMS AND NOMINATIONS:

Doug Dorando reported that he has reached out to those Board members whose terms expire in 2023 to determine whether or not they would like to remain on the Board. The list of Members whose terms expire in 2023 is attached to the agenda. Also attached to the agenda is a Nomination Application for the Board of Trustees for anyone new individuals interested in serving on the LCBF Board.

VI. ADJOURNMENT:

Motion to Adjourn was made by Joann Fratianni and seconded by Rick Lesser. Motion carried and the Meeting was adjourned at 5:48 p.m.

Respectfully submitted,

Joann M. Fratianni Secretary

Board of Directors’ Meeting

February 23, 2023

Minutes of the regular meeting of the Board of Directors of the Lake County Bar Association held in the executive conference room

BOARD OF DIRECTORS

Tara Devine President

Katharine Hatch

First Vice President

Daniel Hodgkinson

Second Vice President

Kevin Berrill Treasurer

Jeffrey Berman Secretary

Joseph Fusz

Past President

Hon. Jacquelyn Melius Director

Craig Mandell Director

Jeffrey O’Kelley Director

Sarah Raisch Director

Jeremy Harter Director

Judy Maldonado Director

Greg Weider Executive Director

The

of the Lake County Bar Association, 300-A Grand Avenue, Waukegan, Illinois, on Thursday, February 23, 2023.

CALL TO ORDER

President Devine called the meeting to order at 12:08 p.m.

ROLL CALL

Roll call indicated a quorum was established, with the following individuals present: Tara Devine, President; Katharine Hatch, First Vice President; Kevin Berrill, Treasurer; Jeffrey Berman, Secretary; Joseph Fusz, Past President; Craig Mandell, Director; Jeremy Harter, Director; Hon. Jacquelyn Melius, Director; Judy Maldonado, Director; Jeffrey O’Kelley, Director; Sarah Raisch, Director (by video conference); Greg Weider, Executive Director.

ACTION ITEMS

Consent Agenda Items

• January 19, 2023 Board of Directors

Meeting Minutes

Meeting Minutes

The Draft minutes from the January 19, 2023 meeting of the Board of Directors was included in the agenda packet. There were no requests for additions, corrections, or changes to the draft minutes.

• January New Members

The New Members report for January was included in the agenda packet. A motion was made and seconded to approve the Consent Agenda. Upon unanimous voice vote, the motion was declared carried. The Consent Agenda is approved.

• Treasurer’s Report

The January 2023 Financial Report and supporting materials were included in the Agenda packet. Discussion followed. The Family Law seminar was a great success, including financially, and kudos were offered to the Chair, staff and all involved. In sum, we are still tracking the budget.

BY JEFFREY A. BERMAN SECRETARY

A motion was made and seconded to approve the Treasurer’s Report. Upon unanimous voice vote, the motion was declared carried. The Treasurer’s Report is approved.

OLD BUSINESS

• Free CLE Update

President Devine made a presentation regarding the Free CLE program and continuing need for presenters. Discussion followed.

• JSRC Update

President Devine provided an update regarding the status of the ongoing efforts of the Committee. The Committee’s recent round of work is complete. Discussion followed.

NEW BUSINESS

• LCBA Board Slate 2023-24

President Devine and Executive Director Weider provided an update regarding the LCBA slate for 2023-24. Discussion followed. The Board accepted

the slate as determined by the nominating committee and will present it to the membership for a vote at the annual meeting.

• LCBF Board of Trustees

President Devine and Executive Director Weider provided an update regarding the status of nominations for the LCBF Board of Trustees. Discussion followed.

• Gideon’s Award and Justice Jackson Award Nominations

President Devine and Executive Director Weider provided an update regarding the nominations for the Gideon’s Award and Justice Jackson Award. Discussion followed. A motion was

made and seconded to approve the recipients of the Awards. Upon unanimous voice vote, the motion was declared carried. The Award recipients are approved.

• Committee Chairmanship/Bylaws

President Devine and Executive Director Weider made a presentation concerning contemplated changes to Article VIII of the Bylaws related to Committees and Committee Chairs. The primary intention of the proposed changes is to provide that term limits are not imposed for management and support committee chairs. Discussion followed. A motion was made and seconded to approve the proposed changes to the

Bylaws. Upon unanimous voice vote, the motion was declared carried. The changes as proposed are approved and will be presented to the membership for ratification at the annual meeting.

OTHER MATTERS

• Committee Liaison Reports

Board members provided Committee updates.

• Executive Director Report

Executive Director

Weider presented his Executive Director Report for February, including updates on the calendar and venues for upcoming events.

ADJOURNMENT

A motion was made to adjourn. Upon unanimous

voice vote, the motion was declared carried. The meeting concluded at 12:56 p.m. The next Board of Directors Meeting is scheduled to take place on Thursday, March 23, 2023.

2023 LCBA OFFICE RENTAL PRICING

MEMBER CENTER “The Bar”

Accommodates up to 100 people

During business hours (8 am – 5 pm)

Members (add $25/hour for after hour events)

• Meeting only (individual or group, no food or beverages served: Free

• Self-Service reception or party (provide own alcoholic beverages): $50 per hour

• Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after

Non-Members: (add $50/hour for after hour events)

• Meeting only (individual or group, no food or beverages served): $50 per hour

• Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after

• Hosted beer & wine reception or party – Not Available

Non-Member, Not-for-Profit: (add $25/hour for after hour events)

• Meeting only (individual or group, no food or beverages served): $25 per hour

• Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after

• Hosted beer & wine reception or party – Not Available

CONFERENCE ROOM

For meetings only.

Seats 16 – 20 comfortably

During business hours (8 am – 5 pm)

• Member- Free

• Non-Member $150/1st hour. $50/hour after

• Non-Member, Not-for-Profit: $25/hour

After Hours (5 pm – 9 pm)

• Member - $25 per hour

• Non-Member – Not Available

• Non-Member, Not-for-Profit: $50 per hour

Association Committee Meetings (Conference Room or Member Center)

Without beer & Wine - Free

With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people)

Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI). All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building.

Annual Meeting of the Lake County Bar Association

March 21, 2023

Minutes of the annual meeting of the Lake County Bar Association held at Glen Flora Country Club, Waukegan, Illinois, on Tuesday, March 21, 2023.

CALL TO ORDER

President Devine called the annual meeting of the Association to order at 12:20 p.m., due Notice having been given, in accordance with Article VII, Sections 1 and 4 of the Bylaws.

QUORUM CALL

A number of members greater than the required five percent of the Attorney

Members were present at the outset of the meeting, and thus a quorum was established in accordance with Article VII, Sections 5b and 6 of the Bylaws.

PRESIDENT’S REPORT

President Devine made an opening presentation to provide an overview of the state of the Association, emphasizing that the organization is financially and otherwise stable, sound and healthy.

ACTION ITEMS

• Election of the LCBA slate of Officers and Directors for 2023-24

President Devine provided a recap of the slate promulgated by the Nominating Committee for the specific Officers and Directors to be elected for 2023-24. The following individuals are included in the slate: Kevin Berrill (Second Vice President), Richard Gellersted (Treasurer), Jeffrey Berman (Secretary), Craig Mandell (Director), Honorable

The

Meeting Minutes

Bolling Haxall (Director). No additional nominations were received by Nominating Petition in accordance with Article IV, Section 1 of the Bylaws.

A motion was made and seconded to elect the uncontested slate of Officers and Directors. Upon unanimous voice vote, as permitted by Article IV, Section 2 of the Bylaws, the motion was declared carried. The following individuals are elected: Kevin Berrill (Second Vice President), Richard Gellersted (Treasurer), Jeffrey Berman (Secretary), Craig Mandell (Director), and Honorable Bolling Haxall (Director)

• Bylaws Amendments

President Devine provided a recap of the proposed amendments to Article VIII, Sections 2 and 3 the Bylaws, a copy of which is appended hereto. Due Notice of the proposed amendments was given in accordance with Article XI of the Bylaws.

A motion was made

BY JEFFREY A. BERMAN SECRETARY

and seconded to approve the proposed amendments to Article VIII, Sections 2 and 3 the Bylaws. Upon unanimous voice vote, reflecting an affirmative vote of two-thirds of the members present as required by Article XI of the Bylaws, the motion was declared carried. The amendments to the Bylaws are approved.

AWARDS PRESENTATIONS

• Gideon’s Award

Lake County Public Defender Joy Gossman presented the Gideon’s Award to Judge David Brodsky (Ret.).

• Justice Robert H. Jackson Award

Lake County States Attorney Eric Rinehart presented the Justice Robert H. Jackson Award to Honorable Veronica O’Malley.

ADJOURNMENT

A motion was made to adjourn. Upon unanimous voice vote, the motion was declared carried. The meeting concluded at 12:50 p.m.

ANNUAL MEETING OF THE LAKE COUNTY BAR ASSOCIATION

Glen Flora Country Club, Waukegan, Illinois

Tuesday, March 21, 2023

Board of Directors’ Meeting

March 23, 2022

Minutes of the regular meeting of the Board of Directors of the Lake County Bar Association held in the Executive Conference Room

Meeting Minutes The

of the Lake County Bar Association, 300-A Grand Avenue, Waukegan, Illinois, on Thursday, March 23, 2023.

CALL TO ORDER

President Devine called the meeting to order at 12:09 p.m.

ROLL CALL

Roll call indicated a quorum was established, with the following individuals present: Tara Devine, President; Katharine Hatch, First Vice President; Daniel Hodgkinson, Second Vice President; Kevin Berrill, Treasurer; Jeffrey Berman, Secretary; Joseph Fusz, Past President; Craig Mandell, Director; Jeremy Harter, Director; Hon. Jacquelyn Melius, Director; Jeffrey O’Kelley, Director; Sarah Raisch, Director; Greg Weider, Executive Director.

ACTION ITEMS

Consent Agenda Items

• February 23, 2023

Board of Directors Meeting Minutes

The Draft minutes from the February 23, 2023 meeting of the Board of Directors was included in the agenda packet. There were no requests for additions, corrections, or changes to the draft minutes.

• February New Members

The New Members report for February was included in the agenda packet, along with a full Membership report as of March 8, 2023. A motion was made and seconded to approve the Consent Agenda. Upon unanimous voice vote, the motion was declared carried. The Consent Agenda is approved.

• Treasurer’s Report

The February 2023 Financial Report and supporting materials were included in the Agenda packet. Treasurer Berrill made a presentation regarding the February 2023 Financial Report. Discussion followed. A motion

BY JEFFREY A. BERMAN SECRETARY

was made and seconded to approve the Treasurer’s Report. Upon unanimous voice vote, the motion was declared carried. The Treasurer’s Report is approved.

OLD BUSINESS

• Free CLE Update

President Devine made a presentation regarding the Free CLE program and roster of upcoming presenters. Discussion followed.

• LCBF Officers and Trustees 2023-24

President Devine and Executive Director Weider provided an update regarding the LCBF Officers and Trustees for 2023-24. Discussion followed.

NEW BUSINESS

• Member Satisfaction Survey Results

Executive Director Weider provided an overview of the results of the recent Member Satisfaction Survey. Discussion followed.

• Family Law Seminar Summary

Executive Director

Weider provided an update regarding the recent Family Law Seminar. A summary of the financial information for the seminar was included in the agenda packet. Director Mandell also informed the Board of a concept under preliminary discussion in the Family Law Committee to possibly establish an internal Committee award intended to acknowledge appropriate Committee members upon retirement for exceptional lifetime

service to the Committee. Discussion followed.

•19th Judicial Circuit Court Letter Of Support

President Devine and Executive Director Weider made a presentation regarding a request from the 19th Judicial Circuit for a letter of support from the LCBA regarding the Court’s application for an Eviction Diversion Initiative Grant through the National Center for State Courts that was included in the agenda packet. President Discussion followed. The Board

unanimously expressed support for the request.

•Budget Guidance

Executive Director

Weider made a presentation concerning efforts underway to prepare a budget for the next fiscal year, and requested Board input. Discussion followed.

OTHER MATTERS

•Committee Liaison Reports

Board members provided Committee updates.

•Executive Director Report

Executive Director

Weider presented his Executive Director Report for March, including updates on the calendar and upcoming events.

ADJOURNMENT

A motion was made to adjourn. Upon unanimous voice vote, the motion was declared carried. The meeting concluded at 1:01 p.m. The next Board of Directors Meeting is scheduled to take place on Thursday, April 20, 2023.

Appreciation for Our 2022-2023 Leaders

April showers brings . . . well lately, high winds and snow. I am eagerly awaiting a real spring. As I write this we are on the doorstep of May 2023. May will hopefully offer warmer days and a renewal of our green spaces (and with luck more Cubs victories), but it also signals the rapidly approaching end

to the LCBA membership year. Soon you will see membership renewal invoices in your mailboxes. It is my hope that you will continue your membership with the LCBA and take the opportunity to be involved at a level that best fits your personal and professional interests.

BY GREG WEIDER EXECUTIVE DIRECTOR

Jeffrey A. Berman recently joined the Chicago office of the national law firm of Bock Hatch & Oppenheim, LLC, where he will continue to focus his practice on commercial litigation, class actions on behalf of consumers and small businesses, and related insurance coverage litigation. Jeff can now be reached at jeff@ classlawyers.com or (847) 929-9891.

A new membership year also brings leadership change. In June we will welcome a new LCBA President. Katharine Hatch will take the oath of office on the evening June 1, 2022. We will celebrate this event with an Installation Social at the Exmoor Country Club. I hope you will attend. The new year will bring a transition of leadership to some of our committees.

I am grateful to the LCBA members who have agreed to take on these roles. I look forward to what they will be able to accomplish.

The transition of leadership provides the opportunity to say thank you. I would like to extend my personal

gratitude to everyone who served as a committee chair. Balancing work and family-life is never easy. Taking on a volunteer leadership role is time consuming, and the commitment can be challenging. The LCBA is stronger because committee chairs took the time to serve. I appreciate all their efforts.

I would like to thank the trustees who served on the Foundation’s board. I recognize their commitment and admire their philanthropic efforts to support the legal community. Thank you to the LCBA board of directors. I hold their service to our organization in high regard and admire their dedication. I would like to my express my sincere gratitude to outgoing LCBA president Tara Devine. Tara embraced her role as president, providing leadership that was both forward thinking and inclusive. Her efforts required a great deal of time, patience, and energy. I am grateful to

her for her leadership, and I truly enjoyed working with her.

Membership is the foundation on which the LCBA is built. Our strength of our community is important. An organization such as the LCBA provides opportunities for professional growth, continuing legal education, and networking. Beyond that it creates an environment for professionals dedicated to the law to connect with those who share their values and dedication to service. When thinking about the importance of community I often reflect on a quote from author Brian Solis. He remarks that “Community is much more than belonging to something; it’s about doing something together that makes belonging matter”. A strong legal community requires an engaged Lake County Bar Association. I am looking forward to what we can accomplish together in the next year.

Director’s Chair In the

Grapevine

WHY SHOULD YOU JOIN?

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 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.

Cost is only $200 annually for a Standard listing or $350 for a Premium listing. Download the application at www.lakebar.org/page/LRS or contact the LCBA office for more information.

Monthly

Committee Meetings

• 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.

300 Grand Avenue, Suite A

Waukegan, IL 60085

Tel: 847-244-3143

Fax: 847-244-8259

MEMBER RECEPTION

MEMBER

Your $500 sponsorship includes:

• Recognition in advertising before the event and on signage at the event

•Reception from 4:30 – 6:30 p.m.

• Complimentary beer and wine. Upgrades available for additional fee.

LCBA Member Receptions will generally be held on the 4th Thursday of every month. Contact info@lakebar.org to add your name to a reception.