October 2015 Newsbriefs -...

NewsbriefsOctober 2015

NWSBA Foundation Event Finishes First The inaugural NWSBA Foundations “A Day at the Races” event had a first place finish! The Foun-dation held an event at Arlington International and successfully attracted many local attorneys and judges to this fundraiser. Monies raised from the September 11th event will benefit the Hon. Timothy C. Evans Scholarship Fund, which aids current law students attending an accredited Illinois law school. In a shaded, open-air venue located on the track’s home stretch, attorneys, friends and family gathered to cheer on the horses, relax with friends and enjoy beverages and a late lunch. The fifth race was particularly exciting, as it was dedicated to the Northwest Suburban Bar Association Foundation. Participants were not only treated to a private tour in the paddock prior to that race, but were invited to view the race at the finish line. “Once Dancing Dove” finished first, attendees were treated to a photo oppor-tunity with the winning jockey. “Redlace and Pearls” was a close second, followed by “Church Road” tak-ing third. Steve Daday, President of the Northwest Sub-urban Bar Association Foundation, was very pleased with all aspects of this event.

“This was a very successful event, and begins to assist in our mission to pro-vide scholarships to deserving legal students,” said Daday. “This was a fun, well atended event and we would like to thank Arlington Race-course for giving us first rate service.”

The Hon. Timothy C. Evans Scholarship recognizes the leadership of the sitting Chief Judge of the Circuit Court of Cook County. Under his leader-ship, there has been unparalleled growth in free legal services for low-income and self-represented litigants, while Judge Evans has been an outspoken advocate for equal opportunities for women and minorities.

Sponsors for “A Day at the Races” included Adra F. Campbell, Donald J. Cosley, Heritage Bank of Schaumburg, Kelley, Kelley & Kelley and R.F. Wittmeyer, Ltd., Personal Injury Law.

The next Foundation event will be a wine tast-ing at Tuscan Market in Arlington Heights on Novem-ber 5, 2015. See More Photos on Page 7

and on our

Facebook Page!

Issue Features:

President’s Page 3

Table of Contents 5

Board Meeting 22Highlights

Bulletin Board 25

Calendar 26

The Winner’s Circle: NWSBA Foundation President Stephen Daday (center) and his wife, Eileen, with “Once Dancing Dove” jockey Carlos Montalvo. Joining them are, left to right: Hon. Steven Wagner, Bruce Wittmeyer, NWSBA President, Ronald F. Wittmeyer, Jr., Charles Adler, Lynn Palac, Susan Kim and Hon. Marc Martin.

Newsbriefs - 2

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Newsbriefs - 3

President’s PageBy: Ronald F. Wittmeyer, Jr.

OUR #1 OBJECTIVE - HELPING YOU BE SUCCESSFUL Our overriding objective as the leadership and staff of the NWSBA is to help you be successful! We pledge to do that in 3 ways this year: 1) provide plenty of substantive law meetings and seminars to help you improve your legal knowledge and skills, 2) plan select social events, which provide you with networking op-portunities for new contacts, and new business, and 3) help you become more profitable, by the work of our Law Practice Management Committee.

COMMITTEES PROVIDE YOU OPPORTUNITIES FOR GROWTH Most of our substantive law committees, plus the law practice management committee, have organized regular monthly meetings for your benefit. Watch for the schedule of these meetings to be published in News-briefs and posted on our website soon. In the meantime, check the website calendar on the lower right-hand side of the home page. These 1 hour meetings are a great way to meet people, network, learn, and get an hour of FREE CLE. For example, I attended the first meeting of the law practice management committee recently – chairs, Kerry Lavelle and Jon Anderson both know how to build and run a successful law firm, and they are willing to share this knowledge and experience with all of us - so unless you’re in this purely for the love of the game, check out this committee. We all need to continually grow and learn – so take advantage and attend any committee meeting that you think provides a learning opportunity for you. Another endeavor by the substantive law committees designed to help you be more successful is our Legal Forms Bank Project, being lead by 1st VP Nichole Waltz. We are in the process of assembling a col-lection of legal forms, which will be available on our website, to members only. We all know that when we need to draft a new legal form/document, the first thing we do is look for a good sample to follow – in house or someone else’s – so with your help, soon you should have access through our website to a valuable collection of quality legal forms. Please pitch in by contributing one of your forms to one of the substantive law commit-tees. Which leads me to another most important point. As my Dad told me many times, Ronnie, you get out of something what you put into it. Find a way that you can make a contribution to your fellow lawyers, and profession by being active in one or more of the NWSBA substantive law committees.

NWSBA FOUNDATION – OFF AND RUNNING Our new NWSBA Foundation Board got off to a great start by holding its first fundraiser of the year last month – A Day at the Races at Arlington Park. NWSBA Foundation Board members Steve Daday (Foun-dation President), Lynn Palac, Susan Kim, Charles Adler, and Hon. John Tourtelot (Ret.) hosted this well at-tended fundraising event. The NWSBA Foundation raises funds for the Timothy C. Evans Scholarships, which are awarded annually at the NWSBA Judges’ night dinner, and for the annual High School Mock Trial Invita-tional, held each year in February.

WE’RE ALL HERE TO NETWORK – REFER TO YOUR NWSBA FRIENDS As I have mentioned before, we are all here to network, and I don’t think we should be shy about tell-ing people what type of work we do, and the type of cases we are looking for – and never come to an NWSBA event without plenty of your business cards. One inexpensive and important way to market I think is by build-ing an email list of all of your clients, friends, relatives, and other contacts. Then judiciously, but regularly send informative emails to your ever expanding email contact list. There are many providers of this service - Get Response, iContact, Campaigner, Constant Contact, Mail Chimp, and others. Inform your contacts of course of the type of work you do, AND that if you can’t help with the type of legal work they need, you will help them find an excellent law-yer who can – and then of course be sure to refer to an NWSBA friend. Your persistent efforts to build and utilize an email contact list over time are certain to produce new legal work for you, and an opportunity to refer to your colleagues. And, what goes around, comes around, right? On a personal note, my wife Carol, and I had a chance to return to the site of our previous NWSBA travel CLE this month – Austin, Texas! - and visit with our daughter, Lindsey, who lives nearby. We heard some great live music, went to an old fashion country dance hall (the Broken Spoke), ate some good barbeque, and kayaked in downtown Austin. Can’t wait to go back! Stay Safe & Be Well, Ron Wittmeyer

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The NWSBA and the co-chairs of the Pro-Bono

Committee want to extend an extremely grateful

thank you to those attorneys that volunteered their

time at the Third District Municipal courthouse in

September. The NWSBA could not run these vol-

untary community outreach programs without the

generous time given by NWSBA attorneys. The

following NWSBA attorneys staffed the Pro Bono

Desk, and served as paternity and/or court facilita-

tors during the month of September:

Pro Bono Attorneys:Gregory Martucci

David Barts

Paternity Facilitators:Kelly Petersen

Divorce Court Facilitators:Shawna Stassen

Angela Peters

Sabrina Shafer

Caroline Powell

Robert Kaplan

Attorneys who staff the Pro Bono desk assist pro-se

litigants in a wide variety of matters – the desk is

open from 1:00 p.m. through 3:00 p.m. on Friday

afternoons outside courtroom 206. The Paternity

Facilitators and Court Facilitator Attorneys assist

pro-se litigants and judges in Domestic Relations

cases and attorneys volunteer their time on Thurs-

days from 9:00 a.m. to 12:00 p.m.

For the past couple of months filling some of these

spots has become more challenging. Please see

what you can do to try and fill some of these spots

as they are very meaningful to the judges and indi-

viduals we are able to assist.

The NWSBA Pro Bono Committee is also tasked

with overseeing the Legal Self Help Center located

at the Rolling Meadows courthouse. The Legal

Self Help Center is currently facing a staffing short-

age, so if you, or anyone you know, would be in-

terested in volunteering their time to staff the Legal

Self Help Center on a Thursday or Friday morning,

please contact Ron Wittmeyer or Lance Ziebell.

Again, thank you for your service,

Pro Bono Committee Co-Chairs:

Janet Maxwell-Wickett (Committee Coord.) 630-916-6000

Jonathan Anderson 847-995-9999

Robert Kaplan 847-995-8800

Lance C. Ziebell847-705-7555

THANK YOU!

Newsbriefs - 5

NewsbriefsPublished by: NWSBA

Editor: Scott Zambo

Production Editor: Julie Barth

Deadline to submit: 15th of the month

Advertising Rates:Call 847-221-2601

Northwest Suburban Bar AssociationExecutive Committee

President: Ronald F. Wittmeyer, Jr.

First VP: Nichole M. Waltz

Second VP: Jay A. Andrew

Treasurer: Michael Rothmann

Secretary: Miriam E. Cooper

Executive Director: Julie Barth

Board of GovernorsKenneth C. Apicella

Robert BoszkoAnna Markley Bush

Joette DoranAllen S. GabeColin GilbertScott Kuntz

Michael LightfootGary Newland

Nicholas RichardsonJoseph Vito

Lance Ziebell

Immediate Past President: William F. Kelley

Association Attorney: Michael Moran

Parliamentarian: Matthew HessNeed Help? Call

1-800-LAP-1233Lawyers Assistance Program

Table of ContentsTitle Page NWSBA Foundation’s “A Day at the Races” 1

President’s Page 3

Volunteer Thank You! 4

Fall Dinner Meeting Registration 6

“A Day at the Races” Photo Recap 7

Attorney Marketing Videos Sign Up 8

“EEOC Holds Sexual Orientation Covered 9 Under Title VII”

IRS Practice & Procedures 10

Ethics in Film and TV CLE Registration 12 Elder Law Update: Special Needs Trusts 13

“On This Day...” 14

Civil Litigation CLE Registration 16

Criminal Law CLE Registration 17 Matrimonial Law Recent Cases 18

New & Noteworthy 20

LAP Honors William Kelley and the NWSBA 21

Matrimonial Law Holiday Party Registration 22

Young Professionals Event Registration 23

Board Meeting Highlights 24

OPEN BOARD POSITION NOTICE 24

Ethics Committee CLE Registration 25

Bulletin Board 26

NWSBA Holiday Flyer 28

Calendar 29

Newsbriefs - 6

NORTHWEST SUBURBAN BAR ASSOCIATION

FALL DINNER MEETING WEDNESDAY, OCTOBER 14, 2015

JOETTE DORAN & JOEL WEINER, MCLE/DINNER MEETING CO-CHAIRS ZUBAIR KHAN, SUB-COMMITTEE CHAIR

TIME: 4:45 PM COCKTAILS (CASH BAR) 5:30 PM DINNER & PRESENTATION

PLACE: DITKA’S ARLINGTON HEIGHTS 2000 W. EUCLID AVENUE, ARLINGTON HEIGHTS, IL

PRICE: $75 MEMBERS, $150 NON-MEMBERS AFTER OCTOBER 7TH: $85 MEMBER, $160 NON-MEMBERS

REGISTER ON-LINE AT NWSBA.ORG

TWO PROFESSIONAL MCLE CREDITS WILL BE ISSUED TO ATTENDEES AFTER APPROVAL FROM THE IL SUPREME COURT COMMISSION ON PROFESSIONALISM.

Name: Phone #: Email ______________

Payment Options: Visa __ MC ___ Check

Credit Card # 3-Digit Code Name & Billing Address for the Card Exp. Date Mail Checks To: NWSBA,800 East Northwest Highway, # 502 Palatine, IL 60074

Gain The Diversity Advantage (For Your Business, Bar, and Bottom-line)

Ms. Cie Armstead, Diversity and Inclusion Practice Leader, TH Easter Consulting LLC

Law Practice Management-Reputation Management & Online Review

Catherine Sanders Reach, Director, Law Practice Management & Technology, The Chicago Bar Association

Do you know what people are saying about you online? There are hundreds of online review sites, such as Yelp and Google, as well

as legal directories such as Avvo and lawyerratingz.com where anyone can add a review of your services. In this session, we will discuss the ethical issues of responding to online reviews, how to get some control over the information that appears at the top of

search results and how a firm can leverage reviews and their online presence.

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“A Day at the Races” Photo Recap

Newsbriefs - 8

Video interviews will be scheduled on Columbus Day, Monday, October 12TH at

3701 Algonquin Road, Third Floor Conference Room (Suite 320)

Please call the NWSBA at (847) 221-2601 and speak directly with Julie Barth or another NWSBA staff member to schedule your appointment.

Pre-Payment Required to Confirm Appointment

MARKETING VIDEOS FOR LAWYERS

POWERED BY:

The NWSBA special price is $425.You will receive a video approximately 3-4 minutes in duration, suitable for

websites. Price includes edits and the raw recording in case you would like to do your own editing.

Newsbriefs - 9

On July 15, 2015, in Complainant v. Anthony Foxx, Secretary, Department of Transportation (FAA), the U.S. Equal Employment Opportunity Commis-sion (EEOC) held that discrimination against employ-ees based on sexual orientation is sex discrimination which is prohibited under Title VII As such, the EEOC found it has jurisdiction over a federal em-ployee’s claim of sexual orientation discrimination. The Complainant alleged that after two years of tem-porary employment, he was not given a permanent position as front-line manager at the Federal Aviation Administration (FAA) facility in Miami, Florida, be-cause he is gay. In his Charge of Discrimination, he claimed that his supervisor who was involved in se-lection process for the permanent position made sev-eral negative comments about his sexual orientation. For example, he stated that, when he mentioned that and his partner attended Mardi Gras in New Orleans, his supervisor said, “We don’t need to hear about that gay stuff.” He also alleged that his supervisor on a number of occasions said that he was a distraction in the radar room regarding his participation in conver-sations mentioning his male partner. The EEOC ruled that, Title VII’s prohibition of sex discrimination means that employers may not “rely on sex- based considerations or take gender into account when making employment decisions. This applies equally in claims brought by lesbian, gay, and bisexual (LGB) individuals under Title VII. The EEOC stated, “When an employee raises a claim of sexual orientation discrimination as sex discrimina-tion under Title VII, that question is not whether sexual orientation is specifically listed in Title VII as a prohibited status for employment actions. It is not. Rather, the question for purposes of Title VII in coverage of a sexual orientation claim is the same as any other Title VII case involving allegations of sex discrimination—whether the agency has “relied on sex-based considerations” or “take[n] gender into

account” when taking a challenged employment ac-tion.” The EEOC stated, “In the case before us, we conclude that Complainant’s claim of sexual orienta-tion discrimination filed in the Agency relied on sex-based considerations and took his sex into account on its employment decision regarding the permanent FAA position. The Complainant therefore, has stated a claim of sex discrimination. Indeed, we conclude that sexual orientation is inherently a “sex-based con-sideration,” and an allegation of discrimination based on sexual orientation is necessarily an allegation of sex discrimination under Title VII. A complainant alleging that an agency took his or her sexual orienta-tion into account in an employment action necessar-ily alleges that the agency has taken his or her sex in account.” The EEOC explained the three bases for sexual orientation discrimination including treating an employee less favorably because of the employ-ee’s sex, discrimination based on association with an LGB individual, or sexual stereotypes. The EEOC explained that sexual orientation discrimination is sex discrimination because it necessarily involves discrimination based on gender stereotypes which the EEOC and the courts found Title VII applies. Citing the Supreme Court’s 1989 decision in Price Waterhouse v. Hopkins in which the courts and the Commission have recognized that LGB individuals can bring claims of gender stereotyping under Title VII if such individuals demonstrate that they were treated adversely because they were viewed—based on their appearance, mannerisms, or conduct—as insufficiently “masculine” or “feminine,” the EEOC stated that discrimination based on gender stereotypes constitutes sex discrimination under Title VII.

Continued on Page 27

EEOC HOLDS SEXUAL ORIENTATION COVERED UNDER TITLE VII By: Joette S. Doran

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IRS Practice and Procedures By: Joshua Nesser, Lavelle Law, Ltd.

Discharge of Indebtedness Income – Clark v. C.I.R., T.C. Memo 2015-175 (2015)

Why This Case is Important: Many taxpayers real-ize that when their debt is forgiven by a lender, the amount of the forgiven debt will be treated as taxable income, they will receive a 1099-C from the lender reporting the amount of that amount, and they will have to pay tax on that amount. What taxpayers do not realize is that a 1099-C may not be issued immediate-ly, and even if a 1099-C is not issued, they may still be required to report and pay tax on the “discharge of indebtedness” income.

Facts

In Clark, the taxpayer purchased a car in 1999 with the purchase financed by GM Financial. By 2005, the taxpayer had defaulted on the repayment of the car loan. The lender repossessed the vehicle and sold it for $1,300, leaving a balance due of approximately $5,500. The lender sent a notice to the taxpayer demanding full payment and threatening to send the matter to a collection agency. Over the next several years, the lender assigned the case to five different collection agencies, each of which returned the case to the lender as uncollectible. In 2011, after the debt was returned to the lender for the fifth time, the lender wrote off the debt on its books and issued a 1099-C to the taxpayer for the unpaid principal balance of $4,500. However, the taxpayer no longer resided at the address to which the 1099 was sent and it was re-turned to the lender. Having never received the form, the taxpayer filed her 2011 tax return without report-ing the discharge of indebtedness income. The IRS issued a notice of deficiency for the resulting $1,500 in unpaid taxes and the taxpayer filed a tax court peti-tion.

Law and Analysis

Section 61(a)(12) of the Internal Revenue Code specifically includes income from the discharge of indebtedness in the definition of taxable income. In protesting that she was required to pay tax on the dis-charged debt, the taxpayer argued that she had never received the 1099-C. The Court disagreed, though, based on the rule that lack of receipt of an information return (such as a 1099) does not render the underly-

ing income non-taxable. The taxpayer also argued, based on treasury regulations that create a rebuttable presumption that a debt is discharged if no payment has been made in three years, that with her last pay-ment being made in 2005, the debt was discharged in 2008. To rebut this, the IRS was required to prove that subsequent to 2008, the lender had taken “significant, bona fide” collection activity. While the IRS was able to show that the lender did transfer the case to collec-tion agencies after 2008, it was unable to demonstrate that these agencies made any substantial effort to collect the debt. Accordingly, the Court agreed that the debt was discharged in 2008. The IRS was no longer permitted to adjust her 2008 return because of the statute of limitations on assessment and the taxpayer did not owe any additional income taxes.

Open Transaction Doctrine – Friedman v. C.I.R., T.C. Memo 2015-177 (2015)

Why this Case is Important: The “open transaction doctrine” (also known as the cost-recovery method) is a beneficial tool that taxpayers can use to defer report-ing taxable income from contingent transactions and transactions where the amount to be received is uncer-tain. This doctrine is rarely applicable, though, as the taxpayers learned in this case.

Facts

In Friedman, the taxpayers’ daughter operated an in-surance business. The taxpayers made two loans to the business in 2003 and 2007, totaling almost $5 million. Both loans were evidenced by promissory notes that required interest only payments. In 2008 and 2011, the corporation was allegedly a victim of multiple acts of fraud, as a result of which it claimed to have lost as much as $2 million. Throughout 2010, the business made interest payments on the loans totaling approxi-mately $200,000. It recorded these payments on its books as interest payments and deducted these pay-ments as interest on its corporate tax return. However, the taxpayers only reported $73,000 of this interest on their tax return. As a result, the IRS issued a notice of deficiency assessing a liability against the taxpayers of $50,000 in tax and penalties.

Continued on Next Page

Newsbriefs - 11Continued From Previous Page

Law and Conclusion

Section 61(a)(4) of the Internal Revenue Code re-quires taxpayers to report and pay income taxes on all interest received throughout the year. Receipts of funds that constitute returns of capital (such as pay-ments of principal on loans) are not taxable. The tax-payers argued that the amounts they received from the business in 2010, but did not report as interest, consti-tuted non-taxable returns of capital rather than inter-est. This argument was based on the open transaction doctrine. This doctrine states that, in deferred payment transactions where the realization of income is uncer-tain or contingent, until the realization of income be-comes definite, taxpayers can treat payments received as non-taxable returns of capital. Courts have held that this doctrine is only applicable in rare circumstances involving exchanges of properties that are considered not to have ascertainable fair market values. The tax-payers argued that this doctrine was applicable based on the business being defrauded. Because of the busi-ness losses, the taxpayers claimed that they knew they would not be paid in full on their loans and as a result, payments they received should not have been treated as income,but as returned capital. The Court held that these circumstances did not warant the use of the open transaction doctrine. With the parties’ treating the payments as interest for all non-tax purposes, the Court agreed with the IRS that the payments constitut-ed interest for tax purposes and were taxable as such. Accordingly, the Court found for the IRS.

Taxation of Qui Tam Rewards – Patrick v. C.I.R., No. 14-2190 (7th Cir. 2015).

Why This Case is Important: Whistleblowers under the federal False Claims Act and similar laws may be entitled to substantial rewards for reporting fraud to the government. With these large rewards come large tax bills. This case discusses the taxation of these “qui tam” rewards.

Facts

In Patrick, the taxpayer was employed by a company that manufactured and sold healthcare equipment. The company developed a new medical procedure that could be performed on an outpatient basis. Fear-ing that providers would be reluctant to purchase the related equipment because they could not bill Medicare for an overnight hospital stay, the company marketed the procedure as in inpatient procedure. As a result, providers performing the procedure and

using the equipment overbilled Medicare for mil-lions of dollars. The taxpayer and another individual filed a qui tam action under the federal False Claims Act alleging that the company defrauded the federal government. The government intervened and reached a settlement with the company and hospitals using the equipment that led to a recovery of over $75 million. As a result, the taxpayer received a reward of almost $6 million. The taxpayer reported this income on his 2008 and 2009 tax returns as a capital gain, subject to lower tax rates. The IRS determined that this was ordinary income and issued notices of deficiency as-sessing over $800,000 in taxes and penalties. When the taxpayer filed a tax court petition and the Court found in favor of the IRS, the taxpayer appealed.

Law and Analysis

At issue was whether the payment to the taxpayer was a payment for services that was taxable as ordinary income or the result of a sale as a capital asset that was taxable as a capital gain. Capital gains generally result from an investment that appreciates over a pe-riod of time. On the other hand, rewards are generally treated as payments for services. The taxpayer argued that the information he gathered for his complaint was his “property” which he sold to the government, similar to a trade secret. The Court disagreed. Even if the information constituted property, this property was not in his control and he had no right to prevent others from using the property. Therefore, it was not his property, and he could not have sold it at a gain. The taxpayer also argued that his right to receive the reward was a capital asset, and by selling that right in exchange for payment he received a capital gain. The Court again disagreed, as having the right to receive payment in the future does not create a capital as-set. Instead, the Court characterized the payment as compensation for his investigative services taxable as ordinary income. Accordingly, the Court found for the IRS.

The NWSBA Federal Tax Committee meets the second Wednesday of every month, except during the summer, from 12:15 p.m. to 1:15 p.m. The location of upcoming meetings is to be determined. Please feel free to contact the committee chair Tim Hughes with any questions at 847-705-9698 or [email protected].

Newsbriefs - 12


Professional Ethics in Film CLE Presented by

Dick Adler & Clifford Scott Rudnick October 27, 2015

4:45 PM - 8:30 PM

Forest View Education Center 2121 S. Goebbert Road Arlington Heights, IL

Parking Lot B

Entrance #1 located off Goebbert Road

$100 Members

$175 Non-Member After 10/20/15

$110 Members, $35 Members’ Staff & $185 Non-Members

Seminar will begin promptly at 4:45 PM and will include digital

materials and light dinner.

To receive full credit attendees must be checked in by

4:45 PM.

This program is appropriate for ALL LEVELS

RSVP by 10/20/15 To receive the

early bird discount.


3 Prof. Credits

The Good Wife: Alicia and Cary represent a university lecturer accused of being a domestic terrorist by

overzealous users of a social networking website.

Justice: What’s the right thing to do? Episode 1, “The Moral Side of Murder, Part 2, The Case for

Cannibalism Program Format: Participants will watch episodes of “The Good Wife” and “Justice” and we will stop at each point the attorney is faced with an ethical dilemma under the ABA Model Rules and the Illinois Attorney Rules of Professional Conduct. There will be an opportunity to disucss and analyze several issues raised by the presenters and the group. Time will be allotted to dis-cuss some of the differences between real practice and the esisodes.

Presented by:

Cliff Scott-Rudnick, Director of Continuing Legal Education and Assistant Professor at the John Marshall Law School

Richard Adler, Attorney & Film Expert

Space is limited. All reservations made after October 20th will require a non-refundable credit card payment in advance.

NWSBA has gone “Green”. All registered/paid attendees will receive the seminar booklet in PDF format prior to the seminar via Email. Attendees can choose to print out the booklet, or reference the document from their smart phone or electronic device. A very limited supply

of the hardcopy booklet will be available at the event for $10 each.

Participants will receive 3 MCLE Ethic Credits once approved by the IL Supreme Court’s Commission on Professionalism

______________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back

Northwest Suburban Bar Association 800 E. Northwest Highway

Suite 502 Palatine, IL 60074

Phone: 847-221-2601

Fax: 847-221-2844 Email: [email protected]

Newsbriefs - 13

In 1993, 42 U.S.C. § 1396p (d)(4) amended section 1917 of OBRA ‘93 by creating new categories of Medicaid-exempt trusts. In 1995, the enabling leg-islation in Illinois was 89 Ill. Adm. Code 120.347(d), 305 ILCS 5/3-1.2. There are two types of self-settled Special Needs Trusts (SNTs). The first is for an individual. This is a 42 U.S.C. § 1396p (d)(4)(A), hereinafter “(d)(4)(A)”. These trusts have the following requirements. First, the beneficiary must be under 65 at the time the trust is funded, as any additions to the trust after age 65 are considered transfers of assets for less than fair market value. Second, there must be a payback to the state (e.g., Illinois) after death. A (d)(4)(A) Trust can only be set up by a par-ent, grandparent, legal guardian or the court, how-ever, H.R. 670, the Special Needs Trust Fairness Act of 2015, which is pending, proposes to add the term “individual” to those who can establish a (d)(4)(A) Trust. The second SNT is a (d)(4)(C) trust. Only a parent, grandparent, the court or Office Of State Guardian or a public guardian for any county in Illi-nois where the Governor of Illinois has appointed one can set up this trust. Only a not for profit corporation (NFP) can serve as guardian of a (d)(4)(C) trust; for example Illinois Disability Association (IDA), Ex-ecutive Director Howard S. Bark, offices in Chicago. This is commonly called a pooled trust. Prior to July 2012, there was no age cutoff. Since July 2012, after age 65, funding is considered a transfer for less than fair market value and incurs a penalty spread over the 5 year look back period. 305 ILCS 5/3-1.2. Addition-ally, there is a payback to the state after death. The meaning of the word “pooled” is as follows: First, all beneficiaries share the governing Master Pooled Trust document. Second, funds held in the trust are pooled for investment but account values and interest are credited to the separate individual beneficiaries. The next question concerns the timing for cre-ating an SNT. Most likely, this occurs in one of these situations:

• Receipt of a personal injury/ medical malpractice (med mal) settlement;

• Receipt of an inheritance;• To preserve existing assets at the onset of dis - ability.

The next question is what is the purpose for creating an SNT and what will it do for my client?

• To keep or maintain the current benefits;• Because there is uncertainty regarding what government benefits will provide. Also, ad- vancements in technology may not be covered by government benefits;• The guardian has a duty to engage in estate planning;• 755 ILCS 5/11a-18 sets forth a general statu tory obligation, including, in pertinent part: “A guardian shall be required to investi - gate and pursue a ward’s eligibility for government benefits”.

What does an attorney need to review before making a decision if an SNT is right for the client?

• Beware: this is not a “one size fits all” planning technique;• This must be part of a carefully thought out and implemented care plan.

Important considerations:

• Age;• Placement (community, hospital, nursing home, assisted living facility (ALF), supportive living facility (SLF), mental health facility (state, county, or private), or commu nity independent living facility (CILA);• Diagnosis/Prognosis;• Cognitive Impairment;• Assistance needed with Activities of Daily Living (ADLs);• Care Plan – both current and proposed;• Cause/Onset of Disability.

Continued on Page 27

ELDER LAW UPDATE: SPECIAL NEEDS TRUSTS By: Steven C. Perlis

Newsbriefs - 14

Eugene James Bullard was born October 9, 1895, in Columbus, Georgia. He was the 7th of ten children. Eugene’s father, William Octave Bullard, was born to a slave family on a Georgia cotton plantation in 1863 some 40 miles south of Columbus, Georgia. After the slaves were freed in 1865, Octave and his parents had nowhere to go, so they kept working for the plantation owner, Wiley Bullard. Octave grew to six-feet, four inches tall and 250 pounds of solid muscle which made him an incredibly strong and use-ful field hand. In 1882, when Octave reached the age of 19, he decided to marry a 17 year old Creek Indian named Josephine and strike out on his own. A short time later, Octave and Josephine Bullard moved to Columbus and rented a cabin. W.C. Bradley, a white businessman appreciated Bullard’s obvious strength and hired him as a stevedore unloading boats at the cotton warehouse.

When Eugene was growing up, he loved everyone. He enjoyed playing with the neighborhood children. He also loved riding around the nearby streets in his goat-drawn cart. But for some reason, his mother would not let him play with white children. After his mother died when he was almost seven years old, he found out why. He tried playing with the white neighbors, but they would taunt him and call him derogatory names. Eugene would forget about the name-calling though, when his father told his family wonderful stories about the Bullard family and distant lands. Eugene’s favorite stories were about France. In France, his father told him “slavery was abolished many years ago and blacks are treated as well as well as whites. Someday I’ll take you there so you can see for yourself.”

In 1906, an incident at Octave’s job at the warehouse changed the course of Eugene’s life. Octave’s white foreman attacked him with an iron loading hook and smashed Bullard in the head. Somehow Bullard remained on his feet and threw him headfirst through a floor hole into the storage below. The man landed with a sickening thud. It wasn’t long before an angry mob showed up at the Bullard residence. The mob fortunately left without doing any damage to the Bullard home. The foreman eventually recovered but Octave had to find another job. Shortly after the incident, Eugene ran away from home and wandered the southern United States.

In 1912, Eugene stowed away on a German freighter bound for Hamburg, and ended up in Aberdeen,

Scotland. From there he made his way to London, where he worked as boxer and slapstick performer in an African American entertainment troupe. In 1913, Eugene went to France for a boxing match. Set-tling in Paris, he became so comfortable with French customs that he decided to make a home there. After World War I began in the summer of 1914, Bullard enlisted in the French Foreign Legion. While serving with the 170th Infantry Regiment, Bullard fought in the Battle of Verdun where he was seriously wound-ed. He was taken from the battlefield and sent to Lyon to recuperate. While on leave in Paris, Bullard bet a friend $2,000 that despite his color he could enlist in the French flying service. Bullard’s determina-tion paid off, and in November, 1916 he entered the Aeronautique Militaire. Bullard began flight training at Tours in 1916 and received his wings in May, 1917. He took part in about twenty combat missions and is credited with shooting down two German aircraft. After the United States entered the war in 1917, Bul-lard attempted to join the U.S. Air Service, but he was not accepted, ostensibly because he was an enlisted man, and the Air Service required pilots be officers, and hold at least the rank of First Lieutenant. In actu-ality, he was rejected because of the racial prejudice that existed in the American military during that time.

After the war Bullard remained in France, where he owned a nightclub and an American-style bar. Dur-ing this time. Bullard rubbed elbows with notables like Langston Hughes, F. Scott Fitzgerald, and Jo-sephine Baker. In the late 1930’s the clouds of war began to change Bullard’s life dramatically. In 1939, Bullard became involved in espionage activities against the French fifth columnists who supported the Nazis. Fearing capture by the Nazis, he made his way to Spain and eventually the United States settling in the Harlem district of New York City. In the 1950’s Bullard was a relative stranger in his own homeland. His final job was as an elevator operator at Rockefeller Center. He was interviewed by Dave Garroway on the Today Show in his elevator operator uniform. During his lifetime, the French showered Bullard with honors, and in 1954 he was one of three men chosen to relight the everlasting at the Tomb of the Unknown Soldier in Paris. In October 1959, he was made a knight of the Legion of Honor. It was the fifteenth decoration given to him by France. In 1992, the McDonnell Douglas Corporation donated to the National Air and Space Museum a bronze portrait head of Bullard.

On This Day.... By: Robert Stoller

Newsbriefs - 15

The premier lawyer service organization for the benefi t of the profession and the public.

T h a n k y o u f o r y o u r s u p p o r t .

800.252.0402 | www.atgf.com | [email protected]

Newsbriefs - 16

Climate Change: New Winds Blowing in Foreclosure Litigation

Lori Cunningham, Newland & Newland LLP

Fraudulent Transfers in Personal Injury Cases Michael Rothmann, Martin Clink & Associates

Are We In For a Long Winter: Update on Illinois Workers Compensation Law

Gary A. Newland, Newland & Newland LLP

Business Valuations with a Focus on Valuations of

Distressed Businesses Michael Pakter, CPA, Gould & Pakter Associates, LLC

NWSBA is going “Green”. All registered/paid attendees will receive the

seminar booklet in PDF format prior to the seminar via Email. Attendees can choose to print out the booklet, or reference the document from their smart phone or electronic device. A very limited supply of the hardcopy

booklet will be available that evening for $10 each.


Civil Litigation CLE Michael Rothmann, Joseph Vito, Gary Newland, Sheila Genson, Co-Chairs




3 Gen 1 Prof.

November 11, 2015 4:45 PM - 8:00 PM

Forest View Education Center

2121 S. Goebbert Road Arlington Heights, IL 60005

$50 –Members $100 –Non-Members

After November 4th: $60 Members & $110 Non-Members

Seminar will begin promptly at 4:45 PM and will include digital materials and a light

dinner.


RSVP by 11/4/14 To avoid late registration fees

CREDITS 3 General

_____________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back

Phone: 847-221-2601 Fax: 847-221-2844

Email: [email protected]

Newsbriefs - 17

Deferred Prosecution Chloe Schor, The Schor Law Firm

Expungements & Sealing Matt Fakhoury, Law Offices of M. Fakhoury

Questions & Answers





3 Gen 1 Prof.

November 17, 2015 5:45 PM - 8:00 PM

Forest View Education Center

2121 S. Goebbert Road Arlington Heights, IL

$50 –Members $100 –Non-Members

After November 10th: $60 Members, $110 Non-Members &

Seminar will begin promptly at 12:00 PM and will include Digital materials and a light

lunch

RSVP by 11/10/15 To avoid late registration fees

2 MCLE

CREDITS

_____________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back

Criminal Law CLE

Matt Fakhoury & Mohammed Ahmad, Co-Chairs

Phone: 847-221-2601 Fax: 847-221-2844

Email: [email protected]

NWSBA is going “Green”. All registered/paid attendees will receive the seminar booklet in PDF formal prior to the seminar via email. Attendees can choose to print

out the booklet or reference the document from their smart phone or electronic device. A very limited supply of the hardcopy booklet will be available that evening at a cost

of $10.

Newsbriefs - 18

Matrimonial Law Committee - Recent DecisionsBy: Howard Bernstein

ANNULMENT - NON - DISCLOSURE OF PRIOR MARRIAGES

IRMO IGENE, No. 2015 IL.App. (1st) 140344 (June 26, 2015)

The parties entered into a religious marriage ceremony in Atlanta Georgia in April, 2007. A mar-riage license was not signed at the ceremony because Respondent did not have his personal identification forms with him. (Respondent lived in Texas and he did not have his I.D. with him.) At the time of this marriage ceremony, Respondent was married to another woman. Respondent and the woman to whom he was previously married were divorced on July 5, 2007. The parties to this action obtained a marriage license and entered into a second marriage ceremony on July 23, 2007. The parties separated in September, 2011 and Petitioner moved to Illinois. Petitioner learned about Respondent’s prior two mar-riages and retained counsel to have their marriage annulled because Respondent’s failure to disclose his prior marriages was fraudulent. Respondent filed a counter-petition for divorce. The trial court granted Petitioner’s relief, annulling their marriage dated July 23, 2007 because of fraud that had been committed by Respondent in failing to disclose his prior mar-riages to Petitioner. Respondent appealed. Petitioner cited two cases from other jurisdictions that have held that failure to disclose prior marriages is fraud suf-ficient to annul the marriage. In both cases cited by Petitioner, the jurisdictions either require the parties to disclose prior marriages by an affidavit or must cite information on prior marriages when applying for a marriage license. On appeal, the trial court was reversed because the first marriage ceremony in April, 2007 did not result in a valid marriage because there was no marriage license. At the time of the second marriage ceremony on July 23, 2007, Respondent and his prior wife had been divorced as of July 5, 2007. Illinois, like most jurisdictions, has held that conceal-ing prior marriages that have been dissolved by death or divorce does not constitute grounds to terminate a marriage. Respondent did not make any representa-tions as to his prior marriages nor was he required to do so. The case was remanded to the trial court to hear Respondent’s counter- petition for dissolution of marriage.

CONTRIBUTION FOR COLLEGE - REIM-BURSEMENT

IRMO DONNELLY, No. 2015 IL App.2015, (1st) 142619 (June 12, 2015)

The parties were divorced on June 25, 1996. The MSA contained a clause that stated, “...the par-ties covenant and agree that they shall pay for a trade school, vocational school, college or university edu-cation for the children of the parties, which obliga-tion is predicated upon the scholastic aptitude of each child. The extent of the parties’ obligation hereunder shall be based upon their then respective financial conditions.” In 2013, Petitioner filed a petition for sanc-tions against Respondent for failure to maintain accounts for each of four childrens’ college expenses and that Respondent refused to contribute. Petitioner had already spent in excess of $100,000.00. Respon-dent filed a motion to dismiss Petitioner’s pleading citing IRMO Peterson, 2011 IL 110984 that held a parent is not entitled to reimbursement for col-lege expenses paid prior to the filing of a petition to establish the amount of the contribution due from each parent. The trial court denied Respondent’s motion to dismiss but certified the issue of whether the Supreme Court ruling in Peterson applied in this case. The Appellate Court ruled that this case differed from Peterson because the language in the MSA in this case not only obligated both parties to contribute to the college expenses of each child (as in Peterson) but also set the parameter of each party’s contribution on their respective financial status. Therefore, the trial court has authority to resolve the amount each party is obligated to pay for each child’s college expenses. This does not preclude the trial court for reimbursing the parent who has paid their expenses prior to fil-ing the petition for reimbursement. (In Peterson, the MSA only obligated the parents to contribute to the college expenses but did not provide the method for determining how much each parent was to pay.)

Continued on Next Page

Newsbriefs - 19 Continued From Previous Page

503 (g) TRUST - TRUSTEE - TAX EXEMPTIONS

IRMO PASQUESI, No. 2015 IL.App (1st) 133926 (June 10, 2015)

The MSA incorporated into the divorce judg-ment provided for Respondent to deposit $90,000.00 into a trust to be used by Petitioner, as trustee, on a monthly basis for Respondent’s child support obliga-tion and towards 50% of child-related expenses. The initial trust was a period of two years and provided that the trust could be replenished on or thereafter. Petitioner filed a petition to replenish the trust ac-count and for Respondent to pay certain child related expenses such as extra-curricular activities, dental expenses and counseling fees. At the hearing on this petition, Respondent admitted he was obligated to pay child support and many of the child related ex-penses but continued to refuse to pay them. The trial court ordered Respondent to replenish the trust ac-count at a rate of $12,000.00 per year, set the current amount of child support, the arrearage in support and child-related expenses and granted Petitioner the tax exemption for their children. Respondent appealed objecting to Petitioner being the trustee and having the children as her exemptions. Respondent also ob-jected to the amount of child support and the original amount of support to continue during the period that the case was pending because he was operating at a financial loss. On appeal, the trial court was affirmed on all issues. The court did not appoint Petitioner as the trustee of the 503(g) trust; the parties agreed to this in the MSA. The amount of child support was to continue during the course of the proceedings be-cause it was fair and equitable to maintain the status quo during this period. The fact that Respondent was paying the statutory amount of child support did not automatically entitle him to the tax exemptions.

CIVIL UNIONS - TIME OF RECOGNITION IN ILLINOIS - DIVISION OF ASSETS

In re: civil union of Debra Hamlin and Victoria Vasconcellos, No. 2015 IL App (2d) 140231 (May

17, 2015)

The parties entered into a civil union in Ver-mont in 2002. Respondent opened a business in Illinois

in 2009. In 2011, Illinois legalized civil unions. 750 ILCS 75/60 states that, “a civil union...legally entered into in another jurisdiction, shall be recognized in Il-linois as a civil union.” Within two months after civil unions became legal in Illinois, Petitioner filed a peti-tion to dissolve the union. Respondent filed a motion to declare that any assets accumulated by the parties prior to June 1, 2011 should not be classified as civil union property. The trial court held that civil union property of the parties began to accumulate when they entered into the civil union in Vermont (2002). The parties had a home and Respondent’s business that was valued at $1.2 million. The trial court found that Petitioner did not do much to contribute to the success of Respondent’s business and awarded the business to Respondent. This resulted in Petitioner receiving ap-proximately $462,000.00 in assets and Respondent receiving $1,260,000. Petitioner appealed. The Appel-late Court affirmed the trial court as to when the civil property began to accumulate (2002) but reversed the decision of assets because no consideration was given to Petitioner’s full-time employment that allowed Re-spondent to open her business. Respondent’s business opened in the basement of their home and that Peti-tioner earned substantially more than Respondent until her business became successful. The trial court failed to take into consideration the “significant realities in the nature of the parties’ relationship and their respon-sibilities within the context of the civil union.” The trial court should have divided the assets as it would have done if this was a dissolution of marriage.

Howard Bernstein is a partner at Schwartz, Wolf & Bernstein LLP, in Buffalo Grove and specializes in Domestic Relations and Family Law, Bankruptcy and Real Estate.

Newsbriefs - 20

Please welcome the following new members:

STEVEN H. JESSER

Steven is the owner of Steven H. Jesser, P.C. where he practices in the areas of health care and busi-ness law, regulatory and licensing law, litigation and school law. He is admitted to practice law in 10 states and 60 federal courts. A native of Illinois, he attended law school out of a desire to have a career in public service. This desire grew out of growing up during the convulsive period of the Vietnam war, the assassination of Robert F. Kennedy and Dr. Martin Luther King, Jr..

Steven received his B.A. from Northwestern Univer-sity and his J.D. from Illinois Institute of Technology Chicago-Kent College of Law. While in law school he co-founded the Chancellor Kent International Law Society. Steven started his legal career as an Assis-tant State’s Attorney in Cook County where he went from prosecuting traffic cases to felony trial court in two years. By the time he was 30 he was already try-ing murder cases.

In 1981 Steven was recruited by Northwestern Me-morial Hospital to become its first Associate General Counsel. His employment at Northwestern Memorial allowed him to practice in diverse areas of the law including business and litigation. He eventually left corporate life to form his own firm.

One of his practice areas is health care law where he represents physicians, dentists, chiropractors, nurses and other related professionals. He also represents physicians who desire to purchase or sell their medi-cal practices. In addition he represents medical prac-titioners in matters relating to the Illinois Department of Professional and Financial Regulations.

Another one of Steven’s practice areas is litigation including appellate practice. Steven has also edited three treatises for Lexis Nexis in the areas of health care, workmen’s compensation and education law.

Steven enjoys private practice because no two cases are the same. The advances made in technology has made it possible for a solo or small firm practitio-ner to compete with the largest and most prestigious firms. Steven stated that although there may be too many attorneys given the market, a bright attorney will be able to find work. For a new attorney he suggested that if they are having difficulty finding

employment, they may want to consider starting their own law firm. The larger firms are raising the bar so high that it is more difficult to find employment at your more prestigious firms then in the past. So a bright young attorney, with perseverance and hard work may find it’s best to venture out on his or her own. He further suggested that, although these things cost money, it’s recommended that they attend bar functions, advertise and meet with colleagues as well as attend community events.

A young attorney should never underestimate them-selves because they are in their twenties; during his career he has seen many superstar attorneys who haven’t yet reached the age of thirty. He gave the example of a young downstate attorney who ran for Judge after only four years of practice. When asked why he felt he was qualified to be a Judge the young attorney responded “Who do you think writes most of the opinions?”

One of the character traits he mentioned is important for an attorney to have is deference to the Judiciary. Not only is it wrong for an attorney to get in the face of a Judge, it rarely helps your client. He believes that being civil is very important and that a new at-torney should learn from more experienced attorneys, but to not emulate them. They should create their own brand.

JOSEPH E. KEAVY

Joseph is an attorney at Winkler Group, LLC where he practices in the areas of corporate law and estate planning. Joseph attended Illinois State University where he received a B.S. in finance with honors, along with minors in accounting and economics. He received his law degree from Chicago-Kent College of Law in 2014. While in law school he received the CALI award for excellence in Securities Regulation and Business Organizations.

Joseph was drawn to the legal profession while an un-dergrad in college. He took a business law class and liked the blend of finance, accounting and legal analy-sis. His clients consist of small and medium sized privately held businesses, many of whom are family owned. He enjoys helping his client’s achieve their goals in a cost effective manner.

Continued on the Next Page

New & NoteworthyBy: Crystal Bush

Newsbriefs - 21

The Lawyers’ Assistance Program’s Board of Directors will be awarding Immediate Past President William Kel-ley, and the Northwest Suburban Bar Association the Michael J. Howlett, Jr. Award at their Annual Dinner on No-vember 13, 2015 at the Union League Club of Chicago.

Please consider joining your colleagues to honor Bill and the NWSBA for their important work with LAP.

Tickets are $125.00 per person.

RSVP to: Robin Belleau at 312-726-6607

Continued From Previous Page

Joseph credits Kristen O’Neil of Levin & Ginsburg, LTD with much of his early success as an attorney. He clerked at Levin & Ginsburg while in Law School where he represented closely held corporations and banks in corporate transactions and commercial litigation matters. Kristen was a great role model and although she was an associate at the firm, she pro-duced legal work like a partner. She taught Joseph how to advocate for a client as well as how to operate efficiently in order to increase productivity.

Joseph stated that his work ethic sets him apart as a newer attorney. He believes that this is helpful and makes him competitive with more seasoned attorneys. Ten years from now Joseph sees himself as a partner at a firm that represents closely held companies. Joseph would advise someone heading to law school to acquire as much relevant legal experience as possi-ble. Most students focus exclusively on their studies while in school and thus lack legal experience upon graduation. Joseph made a point of working in the

legal field while in law school. Although this caused him to complete law school in 3 ½ years, it helped make him more marketable upon graduation. Look-ing back over his career, he wished he had discov-ered law earlier, because he would have attempted to complete undergrad in three as opposed to four years. He also stated that the quality of the position is more important than the pay. For example, he worked at the City of Chicago in the area of Zoning enforce-ment. Although this position was unpaid, he got a lot of hands on experience in legal research and writing.

When not practicing law, Joseph enjoys golfing and snowboarding. He also enjoys spending time with family and friends.

Crystal R. Bush is an attorney at CR Bush Law where she practices in the areas of estate planning, real estate, business and probate law.

Newsbriefs - 22

NORTHWEST SUBURBAN BAR ASSOCIATIONMATRIMONIAL LAW COMMITTEE

2015 HOLIDAY PARTY

Please join the Judges and Attorneys of the Third Municipal District

Domestic Relations Division

Name: ______________________________________________________

# of People ________ at $45.00 per person

Make Checks Payable to:NWSBA

800 E. Northwest Highway, Suite 502Palatine, IL 60074

Telephone: 847-221-2601Fax: 847-221-2844

MC/Visa:__________________________________ Exp.________ 3-Digit Code________

WEDNESDAY, DECEMBER 9, 20155:30 PM - 8:30 PM

WESTWOOD TAVERN1385 N. Meacham Road, Schaumburg, IL

$45.00 Per Person plus Cash Bar

Price Includes Buffet

RSVP: By December 2, 2015

Newsbriefs - 23

NWSBA YOUNG PROFESSIONALS

SIGN UP VIA THE

NWSBA WEBSITE CALENDAR

www.nwsba.org.

Board Meeting HighlightsBy: Miriam E. Cooper, NWSBA Secretary

Our year-end audit report will be presented at the next October Board Meeting.

President Wittmeyer had an oppor-tunity to speak with multiple board presidents from associations around the country at the the National Con-ference of Bar Presidents that was held in Chicago in July. He shared groups’ struggles and successes, and the goal to learn from other bar associations.

We will have quarterly reports par-ticipation and attendance at meet-ings and events.

The Annual Golf Outing was a suc-cess - thank you to all who spon-sored, participated and helped!

The following events are sched-uled: Michael Meschino Cubs Out-ing - 9/25/15; Volunteer Luncheon - 10/8/15; Fall Dinner Meeting: CLE “Diver-sity Advantage”-10/14/2015; Holiday Dinner - 12/16/15; Ethics in Film - 10/18/15; Criminal Law - 11/17/15;

We are continuing our efforts re-garding district transfers.

Bill Kelley is one of the honorees at the at the LAP dinner on November 13, 2015.

Nichole Waltz is coordinating with the Substantive Law Committee Chairs to initiate a Forms Bank, in which members may access forms that practitioners use in their sub-stantive areas of law.

Heather Glaser, Steven H. Jesser, Joseph Keavy, Thomas J. McQuil-lan, and the Hon. Eve Reilly were approved for membership.

NOTICE TO ALL NWSBA MEMBERS:

We are in search of a candidate to fill an open posi-tion on the Northwest Suburban Bar Association’s Board of Governors, effective immediately.

Pursuant to NWSBA Bylaws:

“The person who serves as a member of the board of governors must have previously served as a Chairperson of a committee of the NWSBA for at least one year or as Parliamentarian or Association Attorney, and have been a member of the NWSBA for two years prior to serving on the Board of Gov-ernors.”

“Successful candidate will serve the balance of the term of the Board Member replaced”, which will be the term ending June 30, 2016. Member will have the opportunity to extend their position through the standard Board election process at the end of this term.

APPLICATIONS:

Interested candidates should submit their resume and Letter of Intent to Julie Barth, Executive Direc-tor, by no later than Tuesday, October 20, 2015.

INTERVIEWS WILL BE HELD ON:

TUESDAY, OCTOBER 27, 2015 12:00 - 1:00 PMARMAND’S

70 N. Vail Street

If interested, please call the Association office to schedule an interview slot. Candidates must be in good standing and current on all Association dues.

NOTICE: Open Board Position

Newsbriefs - 24

Newsbriefs - 25

NORTHWEST SUBURBAN BAR ASOCIATION

December 9, 2015 12:00 pm - 2:15 pm

Rolling Meadows Courthouse

2121 Euclid Avenue Rolling Meadows, IL 60008

$50 Members $100 Non-Member

After December 2rd: $60 Members, $110 Non-Members

Seminar will begin promptly at 12:00 pm and will include digital materials

and light lunch.

To receive full credit attendees must be checked in by

12:00 pm.


Register by 12/2/15

To receive the early bird discount.

NORTHWEST SUBURBAN BAR ASSOCIATIO

2 Prof. Credits

Professional Ethics Committee CLE The Basics: Fees, Retainers & Trust Accounts

Scott Kozlov, Moderator

IOLTA Accounts:

Common Questions & Banking Issues David Holterman, Lawyers Trust Fund of Illinois

Fees, Retainers & Trust Accounts Mary Andieoni, ARDC, Ethics Education

Financial Issues From a Practioner’s Perspective

James Doppke, Robinson Law Group,

NWSBA has gone “Green”. All registered/paid attendees will receive the seminar booklet in PDF format prior to the seminar via Email. Attendees can choose to print out the booklet, or reference the document from their smart phone or elec-tronic device. A very limited supply of the hardcopy booklet will be available at the event for $10 each. Participants will receive 2 MCLE Ethic Credits once approved by the IL Supreme

Court’s Commission on Professionalism

______________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back



Phone: 847-221-2601

Fax: 847-221-2844 Email: [email protected]

SUPER LAWYER & AV rated Employment Lawyer in Skokie. Laurie J. Wasserman represents clients in statutory claims for discrimination (including disability, sex [including sexual harassment, sexual orien-tation, and glass ceiling], pregnancy, age, religion, race, and national origin), Family and Medical Leave Act, and Wage and Hour; and draft-ing/litigation re employment contracts, non-compete agreements, trade secrets agreements, retaliation and whistleblowing. Telephone: (847) 674-7324; Email: [email protected]; Web: www.webemploymentlaw.com

Referrals

Bulletin Board

Office Space

Ads are $20.00 per month and are published as a service to our Members. Call 847-221-2601

REAL ESTATE TAX REDUCTION REFERRALS - Amari & Locallo, whose practice is confined exclusively to the real estate tax assessment process, is accepting referrals of commercial, industrial and multi-unit residential properties (seven units or more) from fellow NWSBA attor-neys. Co-counsel fees provided. Note that all properties within Chicago are being reassessed in 2015. Amari & Locallo has offices in DuPage County to service the real estate tax needs of property owners in collar counties: Lake, Will, Kane, McHenry, DuPage, etc. Properties located anywhere in Illinois will be reviewed without cost or commitment. Call Katherine Amari O’Dell at (312) 255-8550.

WORKERS’ COMPENSATION: Very experienced in work injury claims. Trial, Appeals, Uninsured and all aspects of Work Comp. At Newland & Newland LLP we would like to help your clients and look forward to your referrals. We represent clients in Cook, Lake, McHenry, DuPage, Kane and Will Counties. Call Gary A. Newland 847-797-8000.

FORECLOSURE DEFENSE: Experienced Lawyers in Foreclosure De-fense. We can help your clients with all aspects of foreclosure defense in Chicago and Lake, McHenry, DuPage, Kane and Will Counties. We practice Foreclosure Defense in Federal and State Court as well. Ex-perienced with Robo Signing and other defenses.Call Gary A. Newland 847-797-8000.

PROBATE & TRUST ADMINSTRATION—Also, Estate Planning, Real Estate transactions; Medicaid applications and Elder Law. Call Richard P. Miller, 847-981-9190 or email [email protected].

LOOKING TO AQUIRE the practice of a retiring attorney or attorney that wants to semi-retire. Call 847-840-8950 for a confidential discus-sion.

COVERAGE ATTORNEYS NEEDED – We’re looking for experienced criminal/traffic attorneys to help cover overflow court dates on a per court date fee basis. Former prosecutors, public defenders or other attorneys with criminal/traffic knowledge are welcome to contact our office for information. Must have attorney liability coverage. Attorney fees are agreed to ahead of time and are always paid immediately. Speak to Mitch at Mitchell S. Sexner & Associates LLC at 847-690-9990 x0.

SCHAUMBURG AREA: Well established, leading edge, tax and busi-ness transactional practice seeks experienced associate or partner level employee or contractor... Income tax, tax defense, estate planning, busi-ness organizations, structural planning, asset protection, some tax court, and other work as well. Prefer JD, CPA or LLM with high-class rank and people skills. Send resume, class rank, salary history and work experi-ence to Jim Mortensen, Office Manager, Richard M. Colombik & Associ-ates, P.C., One Pierce Place, Suite 460E, Itasca, IL 60143; Telephone: 630-250-5719; Fax: 630-250-5701

Newsbriefs - 26

ARLINGTON HEIGHTS. 121 S Wilke Rd. Arlington Heights Suite 301: We are expanding our space. Office(s) for rent. Cubicle(s) for rent. We have 10 law firms in the suite and growing. Call Gary at 847-797-8000.

SHARED OFFICE SPACE AVAILABLE. Two Locations: 20 N. Clark St. Chicago and 1515 E. Woodfield Rd. Schaumburg. Individual window offices available with appealing views. Both furnished and unfurnished of-fices available. Adjoining support staff work stations and/or paralegal and legal secretarial services may be available for an additional cost. Includes reception area, 2 conference rooms, kitchen area, internet and photocopier. Possible referrals. Please call Jon Anderson at (312) 345-9999 or (847) 995-9999.

Newsbriefs - 27Continued From Page 9

In concluding the EEOC stated, “We apply the words of the statute Congress has charged us with enforcing. We therefore conclude that Complainants allegations of discrimination on the basis of sexual orientation state a claim of discrimination on the basis of sex. We further conclude that allegations of dis-crimination on the basis of sexual orientation neces-sarily state a claim of discrimination on the basis of sex. An employee could show that the sexual orienta-tion discrimination was sex discrimination because it involved treatment that would not have occurred but for the individual’s sex; because it was based on the sex of the person(s) the individual associates with; and/or because it was premised on the fundamental sex stereotype, norm or the expectation that individu-als should be attracted only to those of the opposite sex.” Agencies should treat claims of sexual orienta-tion discrimination as complaints of sex discrimina-tion under Title VII….” The EEOC’s decision will be binding on all federal agencies and departments regarding federal

government employees. Although not binding on private sector employers, we may expect to see an increase of filings with the EEOC based on Title VII claims of sexual orientation discrimination as more district courts may defer to the EEOC’s interpretation of Title VII. Like 21 other states, Illinois employers are prohibited from discriminating against employees based on their sexual orientation and gender identity under the Illinois Human Rights Act. The EEOC’s ruling further demonstrates that employers should take steps to have policies and practices in place to avoid claims of sexual orientation discrimination.

Joette S. Doran has her law practice in Hoffman Estates. She concentrates in employment law and handles employment law actions in state and fed-eral administrative agencies and courts. She was a former Co-Chair of the NWSBA Employment Law Committee and is a Member of the Board of Gover-nors. For more information please visit her website at www.joettedoran.com.

Continued From Page 13 There are two things to know if funds are from a personal injury lawsuit:

• Payback to the state must be made before the trust funds are considered exempt (see Ill. Adm. Code 102.260 and In re Calhoun, 684 N.E.2d 842);• EXCEPTION: If the P.I. settlement relates to a nursing home injury, funds are considered exempt for Medicaid purposes (Illinois Nursing Home Care Act, 210 ILCS 45/3-605).• Statutory and case law authority for the proposition that a guardian of a disabled person has a duty to seek public benefits, including, but not limited to Medicaid, on behalf of that individual are as follows: In Illinois, the operative statute is 755 ILCS section 11a-18 (a-5). The leading case constru-ing it is the First Appellate District case In Re Estate Of Ahmed, 322 Ill. App. 3d 741, (1st Dist. 2001), construing the legislative intent of the Illinois Gen-eral Assembly, implicitly to protect the ward’s funds.

• See also Wooley v. Lucksinger, 14 So. 3d 311 (La. App. 2008). This case discusses the fidu-ciary duty owed by a guardian to its ward. The court discusses public policy in applicable states including Texas, Oklahoma and, of course, Louisiana. The de-cision implicitly states that there is a fiduciary duty owed by the guardian to the ward of the court. The discussion of public policy in applicable states, in-cluding Texas, Oklahoma, and, of course Louisiana, implicitly states that there is a breach of fiduciary duty for a guardian to fail to seek public benefits on behalf of a ward.

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Name ____________________________________________Telephone ___________________ Method of Payment: ___ Visa ___ MasterCard ___Check

Credit Card # _____________________________________

3-Digit Security Code:_________ Exp. Date:_____________ ___________________________________________________ Billing Address For Credit Card

Mail to: 800 E. Northwest Hwy. #502 Palatine, IL 60074Tele: 847-221-2601 Fax: 847-221-2844


2015 HOLIDAY

PARTY

Date: Wednesday, December 16, 2015 Time: 5:00 pm Cocktail hour* - 6:00 pm Dinner* Place: Cooper’s Hawk Winery & Restaurant 798 W. Algonquin Road, Arlington Heights, IL Price: $85 per person Includes Complimentary Wine Throughout Evening

(Cash Bar for beer and other spirits)

SPONSORED BY:

Northwest Suburban Bar Association800 E. Northwest Highway, Suite 502Palatine, IL 60074

Phone: 847-221-2601 Fax: 847-221-2844Attorney Referral: 847-221-2681www.nwsba.org

CALENDAR

October 8 Pro Bono Volunteer Luncheon

October 14 Fall Dinner Meeting

October 27 Ethics in Film & TV CLE

November 5 Young Professionals After Hours Event

november 11 Civil Litigation CLE

November 17 Criminal Law CLE

December 9 Mat Law Holiday Party

December 9 Ethics Committee Lunch CLE December 16 NWSBA Holiday Party

Please check the website calendar

for a complete list of CLE’s & Committee Meetings.

Non-Profit Organization

U.S. Postage Paid Palatine, IL 60095Permit No. 2522

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