CBA Record April-May 2018

APRIL/MAY 2018 CBA

The Future of the Profession CBA Report Addresses Challenges Facing the Legal Community

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CONTENTS

CBA RECORD

April/May 2018 • Volume 32, Number 3

6 Editor's Briefcase

Cracks in the Rule of Law

INSIDE THIS ISSUE 36 The New Regulatory and Self-Policing Paradigm: Whistleblowers Among Us By Anthony F. Fata and David E. Kovel

8 President’s Page

The CBA in Action: 2017-2018

12 CBANews 28 Chicago Bar Foundation Report 32 Murphy’s Law 52 Legal Ethics Securing Client Information– Further Developments By John Levin 54 LPMT Bits & Bytes Adding Online Legal Products to Your Service Offerings By Catherine Sanders Reach 56 Summary Judgments Nina Fain reviews Robert H. Jordan's Murder in the News, an Inside Look at HowTelevision Covers Crime

42 President Mulroy's Conference on Adapting to Rapid Change: Future Challenges Facing the Local Legal Community By Adam Sheppard 46 Court Ordered Arbitration in Commercial Cases: Reducing Costs and Streamlining Litigation By Judge Thomas R. Mulroy

YOUNG LAWYERS SECTION

48 My Thanks to All

By Jonathan B. Amarilio 50 Young Lawyer's Division Diversity Breakfast Highlights Challenges Native American Attorneys Face in Current Legal Community: Comfortable Being Uncomfortable By Svetlana Gitman

On the Cover This month's CBA Record cover courtesy of Getty Images

APRIL/MAY2018 CBA

The CBA Record (ISSN 0892-1822) is published seven times annually (January, February/March, April/May, July/August, September, October, November) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604- 3997, 312/554-2000, www.chicagobar.org.Subscriptionsfornon- membersare$25peryear.PeriodicalspostagepaidatChicago, Illinois.POSTMASTER:Sendaddresschangesto CBARecord ,c/o Kayla Bryan, Chicago Bar Association,321SouthPlymouthCourt, Chicago,Illinois60604. Copyright2018byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.

The Future of the Profession CBAReportAddressesChallengesFacingtheLegalCommunity

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Cracks in the Rule of Law True or False: The rule of law in the United States outshines that of any other nation. Most of us would say the statement is true—the rule of law as it exists in the United States embodies the ultimate example of how the rule of law should work. So why does the United States rank 19 out of 113 countries in the most recent international survey of adherence to the rule of law, one place lower than it did in the 2016 survey? Conducted annually since 2010 by theWorld Justice Project (WJP), the Rule of Law Index measures “how the rule of law is experienced and perceived in practical, everyday situations by the general public worldwide.” WJP, an independent non-profit, was initiated by then-ABA president William Neukom in 2006. WJP aspires to advance the rule of law by evaluating its functioning around the world. WJP uses eight factors, scoring and ranking them globally and by region and income. The factors and the United States’ ranked globally, and then regionally, are: (i) Constraints on Government Powers (16/113; 13/24); (ii) Absence of Corruption (19/113; 12/24); (iii) Open Government (13/113; 11/24); (iv) Fundamental Rights (26/113; 17/24); (v) Order and Security (31/113; 17/24); (iv) Regulatory Enforcement (19/113; 13/24); (vii) Civil Justice (26/113; 15/24); and (viii) Criminal Justice (20/113; 13/24). (The 2017-2018 report, with country profiles and methodology, can be located at worldjusticeproject.org/rule-of-law-index.) Global Rankings The United States “has lagged in providing justice services for several years,” according to the executive director of WJP. Among nations with global rankings higher than those of the United States are Denmark (1), Norway (2), Finland (3), Germany (6), Canada (9), United Kingdom (11), Estonia (12), Japan (14), Hong Kong (16), and France (18). While theWJP acknowledges the difficulty of measuring and defining the rule of law, this does not excuse the poor showing of the United States compared to its peers, especially on matters of civil justice and criminal justice. Whatever one might think of the survey’s methodology, it still presents a melancholy picture—our rule of law is neither exceptional nor unique. If nothing else, this should serve as a wake-up call against arrogance and complacency. Long-term issues our country has been struggling with, which the WJP evaluates, include accessibility and affordability of civil courts, improper influence by public or private inter- ests, government transparency, fair and effective enforcement of regulations, integrity of the electoral process, and effectiveness and fairness of the criminal justice system. The current political climate has put additional strains on the rule of law, sharpening divides, creating uncertainty, and burdening the institutions that administer and sustain the rule of law. Each of us can (and should) involve ourselves in projects that defend, protect, and maintain the rule of law, through the Chicago Bar Association, the Chicago Bar Foundation, and other legal and civic organizations dedicated to strengthening and perpetuating our democratic ideals. To paraphrase Dwight D. Eisenhower, the enormity of the rule of law in everyday life is revealed by recalling what happens when there is no rule of law. Addressing the complex political and societal issues enveloping the rule of law is a formidable undertaking. Yet, lawyers must act as the nation’s conscience in these matters; otherwise, we put at risk the principles enshrined in the Constitution. We put at risk the legitimacy of our national institutions. We put at risk the values of our democratic way of life. And, ultimately, we put at risk, for our children and grandchildren, the liberties we take for granted today. Rehearing: “I firmly believe in the rule of law as the foundation for all of our basic rights.” – Justice Sonia Sotomayor

EDITORIAL BOARD Editor-in-Chief Justice Michael B. Hyman Illinois Appellate Court Managing Editor Amy Cook Amy Cook Consulting Associate Editor Anne Ellis Proactive Worldwide, Inc. Summary Judgments Editor Daniel A. Cotter Latimer LeVay Fyock LLC YLS Journal Editors-in-Chief Nicholas D. Standiford Schain Banks Kenny & Schwartz Ltd. Natalie Chan Sidley Austin LLP Carolyn Amadon Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Heyl Royster Angela Harkless The Harkless Law Firm Justin Heather Illinois Department of Commerce and Economic Opportunity Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Michele M. Jochner Schiller DuCanto & Fleck LLP Oliver A. Khan American Association of Insurance Services John Levin Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Peter V. Mierzwa Law Bulletin Publishing Company Kathleen Dillon Narko Northwestern University School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins

Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson William A. Zolla II The ZOLLaw Group, Ltd.

THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Rebecca Martin Manager of Advertising and Sponsorships

6 APRIL/MAY 2018

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PRESIDENT’S PAGE BY JUDGE THOMAS R. MULROY The CBA in Action: 2017-2018

The Chicago Bar Association www.chicagobar.org OFFICERS President Judge Thomas R. Mulroy Circuit Court of Cook County First Vice President Steven M. Elrod Holland & Knight LLP Second Vice President Jesse H. Ruiz Drinker Biddle & Reath LLP Secretary E. Lynn Grayson Nijman Franzetti LLP Treasurer Executive Director Terrence M. Murphy Assistant Executive Director Elizabeth A. McMeen BOARD OF MANAGERS Jonathan B. Amarilio Alan R. Borlack Judge Thomas M. Durkin Mark B. Epstein Judge Shelvin Louise Marie Hall Judge Robert F. Harris Maurice Grant Grant Law LLC

ference resulted in proposed legislation drafted by the CBA which will facilitate the disclosure of information by health care providers to the loved ones of a committed patient. • Nineteen Bar Association Presidents met at the CBA and agreed to work together to help residents of distressed Chicago neighborhoods which resulted in “Lawyers Call to Action.” • A “Lawyers Call To Action” conference was held at the CBA. Twenty commu- nity service organizations from violence- ridden neighborhoods presented their legal needs to 100 volunteer lawyers who then signed up to assist the orga- nizations with free legal help. • The CBA participated with the Deca- logue, Arab-American and other bar associations in a press conference at the Chicago Loop Synagogue to speak out against racial and religious discrimina- tion. • A jointly sponsored seminar with Decalogue on ARDC procedures and discipline. • A “Corporate Counsel Seminar” was designed for in-house counsel and covered: budgeting, alternative fees, litigation finance, alternative dispute resolution, discovery and motion prac- tice. • A complimentary Speakers’ Signature Series was begun at the CBA and fifteen speakers addressed the audiences on a variety of current topics. • I asked the Chair of the Judicial Evalua- tion Committee to conduct a complete review and evaluation of our judicial evaluation process so that it is even more effective and informative to the public. • The CBA again participated in the annual World City Bar Leaders Confer-

T he Chicago Bar Association has had an excellent and busy year. In addi- tion to CBA’s regular annual awards events: the Vanguard; John Paul Stevens; The Earl Dickerson; Kogan Media; Alli- ance For Women; CBA/Chicago Bar Foundation Pro Bono and Public Services, we added many events. • The CBA partnered with the Decalogue, the Women’s Bar, the Black Women Lawyers and other bar associations and with community service organizations to help residents of our stressed commu- nities with legal issues relating to mental health, gun violence, and truancy. The CBA expanded its international foot- print with Canada, Ireland and with the World City Bar Leaders and expanded its local presence with first year law students at Loyola, Illinois and DePaul. Here is a summary of the year: • A daylong conference presented by thir- teen mental health care professionals, lawyers, judges and community service organizations focused on aspects of mental health care, the judicial system and mental health treatment. The con-

Michele M. Jochner Michael J. Kaufman Daniel M. Kotin Pamela S. Menaker Paul J. Ochmanek, Jr. Matthew A. Passen Mary Robinson John C. Sciaccotta Helene M. Snyder Andrew W. Vail Greta G. Weathersby Zeophus J. Wiliams

8 APRIL/MAY 2018

It’s Where You Belong

Membership Dues Renewal The Chicago Bar Association

Renew by May 31 and Get Free CLE Coupons*

April 2018 Dear Member:

There is no doubt that the legal profession is changing, which in turn presents new challenges in how we practice, serve our clients, run our businesses and spend our time and resources. As your professional partner, the CBA has been studying trends in the legal profession, listening to your concerns and developing new programs and services to better meet your changing needs: Access to CLE anytime, anywhere. Look for our mobile CLE app soon, allowing you to view seminars and committee meetings on your smart phone or tablet. Plus, we now have over 200 on demand seminars and law practice management how to’s offering 24/7 access. Business development. What works? To help you grow your practice and expand your professional contacts, we are offering more structured networking events with other professional groups that take the stress out of networking and offer meaningful connections. We also offer business development workshops to enhance your skills in this area. Affordable professional resources. To help make ends meet, the CBA is offering more free CLE programs (enough to meet your IL requirement) and complimentary events, in addition to a dues installment plan and a dues hardship rate. Plus, no dues increase for the last 13 years! Tips to run a more efficient, cost-effective law practice. CBA members and their staff can get hands-on training to keep up with legal technology and implement best practices. A solo/small firm resource portal and low cost office consulting are also available. Balancing work and personal life. A legal career can be very stressful so check out our new mindfulness offerings, a new wellness committee, time management tips and other resources. Access to free and low-cost career services. Post your resume and view open positions via our free Career Center at www.chicagobar.org/careercenter, join the Careers Committee, and attend free and low-cost job fairs, career workshops and networking events. Make a difference in my community. Most of our members work and live in the Chicago metro area and the increased violence in our city is a huge concern. We recently formed a new committee to work with other organizations to develop opportunities for our members to get involved and become a part of the solution. These are only a few ways that the CBA is trying to equip our members with the resources needed to thrive in a changing profession. If your needs are not being met by the CBA, I encourage you to email me at president@chicagobar.org. We value your membership and encourage you to renew for the coming year. Sincerely, ✓ ✓ ✓ ✓ ✓ ✓ ✓

Renew at www.chicagobar.org/renew, call 312-554-2020, or return your payment by mail. Thank you!

Hon. Thomas R. Mulroy CBA President

*Renew by midnight May 31, 2018 and receive free CLE coupons from the CBA and West LegalEdcenter. Details at www.chicagobar.org/renew.

things, issues relating to women and minorities in the law, young lawyers’ stress in the practice and culminated in a written report. • The CBA co-sponsored a program with the Seventh Circuit Bar Foundation about Chicago Gun Violence and its causes and possible solutions. • The CBA met with first year law stu- dents from the University of Illinois, DePaul and Loyola to encourage them to participate in the CBA. • At the CBA’s request Chief Evans Timothy Evans went to Sweet and Holy Spirit Church on Chicago’s south side and presented important information to community leaders and neighbor- hood residents about his Bond reform program. • The CBA presented Federal District Court Judge Shadur with its first ever Lifetime Achievement Award at a touching ceremony attended by 100 lawyers and judges. • The Federal Defender Program and its two Executive Directors were honored

ence which was held in Japan this year to discuss common issues among the bar associations. • Thirty Ukrainian judges and lawyers met with me at the CBA to discuss the practice of law in the United States and our respective justice systems. • A luncheon honoring Justice Frank Clarke, chief Justice of the Supreme Court of Ireland. • A two-day conference at the CBA with the Montreal Bar Association which considered NAFTA and Canadian/USA cross border issues. • A fundraiser for the victims of the Puerto Rico Hurricane was held at the CBA. • An uplifting luncheon celebration of Federal District Court Judge Ann C. Williams’ career on her retirement from the federal bench. • A conference at the CBA on the Future of the Practice of Law in Chicago was attended by more than 100 Chicago lawyers which covered through discus- sion in break out groups, among other

at a luncheon attended by Federal and State Court Judges and lawyers. • The International Women’s Day lun- cheon was well attended and celebrated women’s success in the law. • A wonderful and informative trip to Rome, Italy; great CLE, wine and food. Thank you for your enthusiasm, sup- port and friendship. The CBA remains the Coolest Bar Association. Attention Law Student Members For only $12/year, there is no better way to jump-start your legal career. Law student mem- bership offers youmany ways to learn about the actual practice of law through free seminars, networking events, practice area committee meetings, career resources, and more. Learn what they don’t teach you in law school! Call Kayla Bryan at 312/554-2135 or email kbryan@ chicagobar.org for more information.

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NOT JUST YOUR GO-TO NURSING HOME LAWYERS

This summer, we set the record for a jury verdict under the Illinois Nursing Home Care Act when we achieved a $4.1 million result for our client, surpassing the previous record set by our firm in 2006 of $2.9 million. Although we are proud of these results and our reputation in handling nursing home cases, our results in other serious injury, accident, and medical malpractice matters should not be overlooked. We routinely obtain substantial results in medical malpractice matters and other personal injury matters. Recently we achieved a $9 million-dollar medical malpractice birth injury settlement. We have also set the Illinois record for the largest Jones Act settlement of $7.5 million for an injured boat worker.

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The CBA's April CLE Trip to Rome By Pamela S. Menaker Editorial Board Member

I nternational headlines captured the eyes of the world as people debated the guilt or innocence of a young American student accused of murdering her roommate in Italy. Following years of court proceedings, including two trials, Amanda Knox is now back in the United States, but lawyers and non-lawyers con- tinue to debate her fate. The CBA trip of approximately 90 lawyers and judges to Rome, Italy, in April was no exception. The four-day trip included a CLE pro- gram that revisited the evidence and out- come with Knox’s defense attorney at the offices of one of Italy’s largest independent firms, Tonucci & Partners, overlooking Piazza del Popolo. Carlo Della Vedova of Italy served as 20-year-old Knox’s defense counsel. He explained to the group the twists and turns in the litigation while pointing out the dif- ferences in Italian and American criminal law that led to the young woman’s convic- tion and then later being set free by the Italian Supreme Court in 2015. “No Hol- lywood writer would even think of a story like this,” Della Vedova told the group. Charles Sklarsky of Jenner & Block moderated the discussion, which included a panel of Kristal Rivers of the Circuit Court of Cook County, William B. Raines of the Cook County Circuit Court, and Alexander Guttieres of the International LawOffices of Gutierres &Gutierres and a frequent media commentator on the Knox legal proceedings.

The differences in the American and Italian criminal systems were immediately apparent and must have been confusing for the defendant Knox. The University of Washington student studying abroad faced a week of questioning by police in Perugia after she “confessed” that she was at the scene at the time of the murder. She was not represented by counsel then, contrary to Italian law, nor was an interpreter pro- vided for her. She recanted the “confession” the next day. Italian law allows a suspect to be held in jail for up to one year without being charged. Knox was among three suspects held in custody for eight months while the investigation continued before she was

charged with the two others, including her Italian boyfriend. Ultimately, a known Perugian drug dealer whose DNA was found on the murder victim’s body, cloth- ing and elsewhere at the murder scene was convicted of the murder at a separate trial. He received a 16-year sentence on appeal. Italian juries are not sequestered and are allowed to follow the media and even conduct internet searches. Knox’s first trial was held over a period of months, recon- vening whenever a witness would become available. The jury deliberated more than two months before finding the two guilty. The Italian Supreme Court overruled the appellate court’s reversal of the con- viction, and Knox and her boyfriend were

12 APRIL/MAY 2018

retried in 2013, this time in Florence, not Perugia. Italian law doesn’t recognize double jeopardy, and when the prosecution loses, the verdict can be appealed. Again, they were convicted, with the appeals court upholding the convictions. Then in 2015, the Italian Supreme Court overturned the convictions, finding that the forensic evidence was unreliable and didn’t support the convictions. The program was a rare opportunity to speak to the lawyer who was in the center of the legal storm. The panelists’ comments offered insights that often could not be captured in news stories. From there, CBA members toured the Palace of Justice over- looking the Tiber River, an august build-

ing in which the Italians obviously take great pride as it is the highest court in the country. A judge spoke to the group about the rich history of the building itself that took 22 years to complete and the separate tracks that Italian lawyers and judges follow as career paths. Other highlights of the trip included tours of the Borghese Gallery andMuseum, the Museo di Roma that was hosting a spe- cial exhibit marking the 250th anniversary of the death of the famous Venetian painter Canaletto, and, of course, a trip to the Colosseum. One walked away with a real feeling of the rich history of this European nation dating back thousands of years. Kudos to CBA President, Thomas R.

Mulroy, and the CBA staff for organizing a relevant and enjoyable week where every- one built camaraderie as well as apprecia- tion for a legal system steeped in ancient principles of justice. It also culminated in a friendship agreement between the Chicago and Rome bar associations. Next year’s trip with 2018-19 CBA President Steven Elrod: Israel.

More information on the CBA's CLE Trip to Israel will be forthcoming on our website, www.chicagobar.org

CBA RECORD 13

ILLINOIS EXPANDS LAW ONWHICH HOMEMADE FOODS CAN BE SOLD TO CONSUMERS Do Try This at Home

By Amy Cook Vice-Chair, Food Law Committee

Foods Not permitted to be produced by a cottage food producer:

(A) meat, poultry, fish, seafood, or shellfish;

(B) dairy, except as an ingredient in a non-potentially hazardous baked good or candy, such as caramel;

I llinois took a big step forward in help- ing food entrepreneurs and farmers by rewriting the Cottage Food law to allow a wide variety of foods to be produced and sold from home-based businesses. Rebecca Osland, Policy Associate with the Illinois Stewardship Alliance, was instrumental in bringing the Illinois Food Freedom Act to fruition. She recently explained the changes in the law, which went into effect January 1, to the CBA Food Law Committee. Cottage food laws apply to those who prepare or package foods in their own home or a commercial kitchen for direct sale by the owner, family member or employee. Such foods can only be sold at farmers markets in Illinois or from the farm where the agricultural product was grown. Previously, nothing was allowed unless listed, and was limited to items such as jams, jellies, non-potentially hazardous baked goods, and dried herbs and teas. Now, everything is allowed unless listed. The Illinois Stewardship Alliance folks were hearing that sales were declining at farmers markets, especially for produce. Produce that was not sold was used for composting or fed to animals; it was not increasing income for farmers or feeding the community. What if growers could sell value-added products? Osland and her allies convinced leg- islators to broaden the law by pointing out that there is a limited consumer base - -there’s not going to be a multi-state mass food recall, and that the sellers’ reputation and potential liability is also a check on the system. Also, the consumer is informed where

(C) eggs, except as an ingredient in a non-potentially hazardous baked good or in dry noodles;

(D) pumpkin pies, sweet potato pies, cheesecakes, custard pies, crème pies, and pastries with potentially hazardous fillings or toppings;

(E) garlic in oil;

(F) canned foods, except for fruit jams, fruit jellies, fruit preserves, fruit butters, and acidified vegetables;

(G) sprouts;

(H) cut leafy greens, except for leafy greens that are dehydrated or blanched and frozen;

(I) cut fresh tomato or melon;

(J) dehydrated tomato or melon;

(K) frozen cut melon;

(L) wild-harvested, non-cultivated mushrooms; or

(M) alcoholic beverages.

(Note: these foods/beverages may still be produced in commercial kitchens.)

the product comes from, both on the label and with signage. The label must include the name and address of the cottage food operation; the common or usual name of the food product; all ingredients; the date the product was processed; and allergen labeling. Additionally, it must state: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.” Tomato products remain a point of contention. Those of us who have grown tomatoes or who have been the recipient of family and neighbors’ bounty, know that tomato plants are prolific producers. Cut tomatoes may be frozen and sold; however, fresh-cut and dehydrated tomatoes are still on the verboten list. The FDA considers

cut tomatoes to be potentially hazardous because bacteria can accumulate on cut surfaces during refrigeration. And because of the high water content, dehydrating takes too long, potentially leading to mold and toxins developing. Osland and ISA are working to pass legislation in the current leg- islative session regarding canned tomatoes. Osland recommends those who have home-based food businesses have adequate insurance, regularly test the pH balance of their foods (with a home kit or com- mercial lab) where applicable, and have good communication with farmers market managers. She also advises producers to educate themselves “above and beyond” on food safety.

14 APRIL/MAY 2018

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The 2018 Earl B. Dickerson Awards

By Nina Fain Editorial Board Member F or many years during Black History Month, the CBA has sponsored the Earl B. Dickerson Awards in recognition of the achievements of the extraordinary African American lawyer who argued Hansberry v. Lee ( 311 U.S. 32 (1940)) in the U.S. Supreme Court. Lee was the landmark case that challenged the validity of racially restrictive covenants in real estate transactions. Although Dick- erson was best known in legal circles for this incredible victory, history shows that his success in the Supreme Court was only one of several exceptional accomplish- ments during his career. Although Black History Month traditionally celebrates the role of the African American popula- tion’s contributions to the greatness of our country, it is undisputed that regardless of Dickerson’s race, in many ways he was prima inter pares –the first among equals, whether Black, Caucasian or Latino. Thus, it is fitting that we reflect on a few of the major achievements of his life. Earl B. Dickerson–A 20th Century Lifetime of Groundbreaking Achievements After serving as a U.S. Army officer in the European theater in WWI, Earl Dick- erson returned home to the University of Chicago to complete his legal studies in 1920. He became the first African American to earn a doctorate of law degree there. In 1921, Dickerson became the General Counsel to the Supreme Life Insurance Company, arguably the larg- est Black- owned insurance company in America. Later, he founded a law firm with fellow law school classmate Wen- dell E. Green, who later became a Cook County Circuit Judge. Dickerson had ample opportunity to observe the racism and injustice that per- meated Chicago’s institutions. As a result, he started to become politically active in a fledgling civil rights movement. In 1927,

Dickerson, as a proponent of self reliance for people of color, became instrumental in establishing Burr Oak Cemetery , one of the few African American cemeteries in the northern United States. Not to be deterred by the dire economic circumstances that befell Blacks during the Great Depression , Dickerson helped persuade Supreme Life to intervene with a bankrupt owner to save the cemetery after the Burr Oak principals defaulted on its mortgage. In 1939, Earl Dickerson became the first Black Democrat to serve on the Chi- cago City Council. It was in the following year that he won the U.S. Supreme Court victory in the landmark Lee case. The case was recognized not only for its legal precedent, but also because it involved the home purchased by Chicago real estate broker Carl A. Hansberry , father

of Lorraine Hansberry , the noted Black playwright. Carl Hansberry had borrowed the purchase price from the Supreme Life Insurance Company. By 1952, Dickerson had become the president of Supreme Life Insurance Company. In that role, he helped many people and established employment policies that were ahead of their time. An example of one of Dickerson’s employment initiatives involved one of his vice presidents, Watson Jefferson. In the early 1960s, Jefferson hired Rubye Hunley, a Chicago Urban League management trainee who had been recommended to him by Etta Moten, the legendary Black “Porgy and Bess” Broadway actress. In those challenging times, before the pas- sage of anti-discrimination and public accommodations laws, it was customary for Blacks to help each other find homes

16 APRIL/MAY 2018

(Left, Center) Lightfoot and Rogers address guests at the luncheon.(Right) Rogers is congratulated by CBA Treasurer Maurice Grant.

ecutor and problem solver has launched her into the public eye as a champion of fairness and equality. Although the role has been not without controversy, her leadership has epitomized the spirit and career of Earl B. Dickerson. Her prior training and experience have prepared her to serve uniquely as an honest broker for a new era of integrity. Her calm, quiet voice unexpectedly challenges the problematic practices of some in the law enforcement community. She has successfully argued for reforms that help improve training for officers who offer their lives daily in pur- suit of a new breed of criminals who wear body armor and wield military weaponry. To assure that the due process rights of the accused are balanced fairly against society’s need for law and order, Lightfoot’s leader- ship has reframed the conversation about the allegations of criminality and the law enforcement culture. The other 2018 Dickerson awardee, Larry R. Rogers, Jr., is an outstanding personal injury attorney who has won hundreds of millions of dollars for severely aggrieved plaintiffs in cases often covered in the national media. Whether challeng- ing the rampant corruption of the Illinois Secretary of State’s corrupt commercial drivers licensing processes, and a cover up that resulted in the untimely death of an entire family, or demanding a prompt investigation of the circumstances sur- rounding the death of African American Sandra Bland after her mysterious death in a Texas jail cell, Rogers’ unwavering

and jobs. Yet when Hunley, married and became pregnant, gave the Supreme Life Insurance Company her notice, Jefferson pointed out to Dickerson that it was costly to the company when female employees did not return to work after they started their families. It was then that Dickerson developed a maternity leave policy for the company. That kind of thought leadership resulted in other prominent positions being offered to Dickerson during his lifetime. Those positions included being president of the National Bar Association; a board member of the national NAACP; Grand Polemarch of the Kappa Alpha Psi fraternity; presi- dent of the Chicago Urban League ; and president of the National Lawyers Guild, an integrated Bar association. Yet perhaps the most noteworthy achievement of all was that when Dickerson died in 1986, he was buried in Burr Oak, the Black cemetery he helped save. CBA Turns Spotlight on the 2018 Awardees Who Embody the Dickerson Legacy In 2018, two people who embody the Dickerson spirit are CBA awardees Lori E. Lightfoot and Larry R. Rogers, Jr. Each has more than 20 years of trial experience. Each has served in both the private and public sectors. Lori Lightfoot is a Partner at Mayer Brown LLP, and served as an Assistant U.S. attorney in the Criminal Division in the U.S. Attorney’s office in the Northern District. Her signature experience as a pros-

IncomingPresident Steven Elrodand current YLS Chair Jonathan Amarilio were on hand to greet the recipients. Photos by Bill Richert.

commitment to fairness and due process is evident. His commitment to justice is evident too in his public service career as a Cook County Commissioner on the Cook County Board of Review. There he has advocated for community outreach and education, and for the reduction of excessive property assessments documented recently to be disproportionately burden- some for minorities in Cook County. In 2018, although racial inequities are dissipating, CBA members must remain hyper vigilant in their efforts to eradicate discrimination and recommit to the spirit of Earl B. Dickerson as we embrace a new, broader definition of diversity, cultural competence and inclusion. As the CBA looks to 2019, the legacy of Earl B. Dick- erson lives on in this generation of African American lawyers as they continue to lead the charge for equality and fairness in a racially charged society.

CBA RECORD 17

ONLINE HARASSMENT OF WOMEN IN SPORTS MEDIA Julie DeCaro Addresses Members at March Signature Series

Accept Client Credit Cards through LawPay Recommended by 46 state and local bar associa- tions, LawPay is proud to be the preferred payment partner of more than 35,000 law firms. LawPay provides attorneys with a simple, secure, and online way to accept credit cards in their practice. LawPay understands the unique compliance and financial requirements placed on attorneys.The LawPay platform was designed specifically to correctly separate earned and unearned pay- ments, giving you peace of mind that your credit card transactions are always handled correctly. CBAmembers who sign up for a LawPay account will get their first 3 months free. To learn more or to get started, visit lawpay.com/cba/ or call 866/376-0950. DiCaro is currently an on-air host and contributor at Chicago sports talk radio station, 670 The Score, and a columnist for CBSChicago.com. She frequently writes and reports about women’s issues in sports, including cases of athletes accused of sexual assault and domestic violence, as well as the continuing prevalence of sexism in sports media. By William A. Zolla Editorial Board Member A s part of Women’s History Month, the CBA recently invited local radio host and sports columnist Julie DiCaro to speak to members about the significant hurdles that women con- tinue to face in the field of sports media, which is still largely dominated by men at all levels. Among the most serious prob- lems commonly experienced by female sports reporters and broadcasters are sexual harassment and online harassment, which often includes disturbing, sexualized, threats of violence.

CBABoardMember E. LynnGrayson greets JulieDeCaro at theMarch 21 Signature Series Event. Photo by Sally Daly.

After graduating from Indiana Univer- sity, DiCaro attended law school at DePaul, and practiced law for over a decade, includ- ing work as a public defender. DiCaro believes that her legal skills have greatly helped her as a sports writer and reporter, and encouraged other lawyers to weigh in on topical issues involving sports and law, since much of the public often lacks a complete understanding about how the legal system works. The highlight of DiCaro’s appearance was her presentation of a powerful video that she created with ESPN sportscaster Sarah Spain, about the online abuse faced by women in sports media. The video, #MoreThanMean, which has been viewed

by millions on You Tube and elsewhere, features a series of men reading for the first time a sampling of the offensive, misogy- nistic, and frequently threatening messages that DiCaro and Spain have received on social media from anonymous listeners and viewers. The men participating in the video react to the disturbing content of the messages they were asked to read with shock, offense, and embarrassment. DiCaro believes that law enforcement has not yet caught up with the problems of online harassment and cyberstalking of women on social media, and she is commit- ted to bringing these issues to the public’s attention.

18 APRIL/MAY 2018

The Chicago Bar Association 145th Annual Meeting

Thursday, June 21, 2018 Luncheon

2018

The Standard Club 320 S. Plymouth Court, 5th Floor Chicago, IL Reception ............................. 11:30 a.m. Living Room, 2nd Fl. Luncheon ............................. 12:00 p.m. Grand Ballroom, 5th Fl.

-Presiding- Judge Thomas R. Mulroy Outgoing President The Chicago Bar Association

• Report of the Election Committee • Introduction of Officers and Board of Managers • Treasurer’s Report • Remarks by Outgoing President • Presentation of Lincoln Gavel to Incoming President -Remarks- Steven M. Elrod President The Chicago Bar Association 2018-2019

$70 per person $700 table of ten

Call Tamra Drees at 312-554-2057 or tdrees@chicagobar.org. Please make your reservations by June 19, 2018. Sponsored by IICLE, Legal Copy Services and LexisNexis.

The Chicago Bar Association Officers 2018-2019

President---------------------------------------------------------------------------------Steven M. Elrod First Vice President ------------------------------------------------------------------------Jesse H. Ruiz Second Vice President---------------------------------------------------------------Maryam Ahmad Secretary-------------------------------------------------------------------------------- E. Lynn Grayson Treasurer ----------------------------------------------------------------------------Timothy S. Tomasik Immediate Past President -------------------------------------------------Hon. Thomas R. Mulroy

Board of Managers 2018-2019

Helene M. Snyder Greta G. Weathersby Zeophus J. Williams *New Members of the Board

Sharon L. Eiseman* Mark B. Epstein Nina Fain* Hon. LaShonda A. Hunt*

Michael J. Kaufman Hon. Diane J. Larsen* Lori E. Lightfoot Kathryn C. Liss* Matthew A. Passen

Brandon Peck* Mary Robinson Federico M. Rodriguez*

John C. Sciaccotta Adam Sheppard*

Outgoing Members of the Board of Managers

Jonathan B. Amarilio Alan R. Borlack Hon. Thomas M. Durkin Maurice Grant

Daniel M. Kotin Pamela S. Menaker Paul J. Ochmanek, Jr. AndrewW. Vail

Hon. Shelvin Louise Marie Hall Hon. Robert F. Harris Michele M. Jochner

CBA HOSTS WOMEN'S HISTORY MONTH LUNCHEON ON INTERNATIONAL WOMEN'S DAY WITH TINA TCHEN Celebrating Progress

By Daniel A. Cotter Editorial Board Member O n March 8, International Women Day, The Chicago Bar Association hosted aWomen’s History Month Luncheon, “Celebrating the Progress of Women Lawyers,” featuring Tina M. Tchen, a Partner at Buckley Sandler. After a warm introduction by CBA Secretary Lynn Grayson, Tchen gave her remarks. She began by recognizing some of her mentors under whom she “learned to be a lawyer,” including Joan Hall, Dawn Clark Netsch and Judge Ann Claire Williams (ret.). Tchen recognized the efforts of the women pioneer lawyers in Illinois, including Myra Bradwell and her efforts to be admitted to the Illinois Bar, citing the quote from the Supreme Court opinion, Bradwell v. State of Illinois: The paramount destiny and mission of woman are to fulfil the noble and benign offices of wife and mother. Thanks to Bradwell and others, a law passed in Illinois allowing women the ability to choose their careers, and in 1890, Bradwell was admitted to the bar. Tchen served as an Assistant to President Obama, Executive Director of the White House Council on Women and Girls, and Chief of Staff to First Lady Michelle Obama. In those roles, Tchen championed women’s and girls’ rights, and mentioned that from 2011 on, President Barack Obama included in every multilateral meeting women’s economic empowerment as a core part of the economic agenda. Citing the statistics that 1 in 3 women worldwide have been abused, that 12 mil- lion girls annually marry before the age of 17, and the increased usage of gender-based violence in terrorism, Tchen discussed the creation of the White House Council on Women and Girls on March 9, 2009.

Finally, Tchen spoke about the Time’s Up movement’s Legal Defense Fund, which provides legal support to women and men who have experienced sexual harassment in the workplace but who could not otherwise afford legal assistance. Since January 1, the fund has raised $21 million, and 1,700 claimants have sought help. The legal defense fund is housed in the National Women’s Law Center, which can be found at www.nwlc.org. The legal defense fund was spearheaded by actors and others in the entertainment industry, top PR profes- sionals, and by Tchen and fellow attorney, Roberta Kaplan. Tchen closed by answering several questions, concluding an inspiring key- note and call to action on International Women Day.

She noted the golden key is education to addressing many issues, because the fast- est way to destabilize a country is through prevention of girls going to school. Cur- rently, more than 98 million girls around the world are not in school. She noted one African proverb, which states that “educat- ing girls is like watching your neighbor’s garden- it does not do any good.” In 2013, Malala, the young lady who is an activist for Pakistani female education, visited the White House during the shut- down. Shortly after, the Let Girls Learn initiative was launched to address the edu- cation of adolescent girls around the world. Tchen mentioned several other efforts including the United States of Women and its Civic Nation Voice. At last July’s summit, more than 1,000 women attended.

20 APRIL/MAY 2018

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Discounted Parking Now Available Near CBA Building CBA members can park for just $12 at the 75W. Harrison parking garage (enter off Harrison, between Clark and Federal Streets) Monday through Friday for up to 12 hours (enter anytime but must be out by midnight). Just a 6 minute walk from the CBA Building, 321 S. Plymouth Ct., Chicago. The garage is fully heated with covered parking and valet service. To receive the discounted rate, enter at 75.WHarrison and push the button at the entry station.Youwill receive 3 tickets (one to validate at the CBA for discounted rate, two for the valet attendants). Be sure to take your parking ticket with you for validation in the CBA Building lobby. Ticket must be validated at the CBA to receive the discounted rate! Upon returning to the garage, hand your valet ticket to the attendant to retrieve your vehicle then insert your validated parking ticket into the pay station. Pay with cash or any major credit card. The pay station will return your paid ticket to you. Once the attendant retrieves your vehicle, insert your paid ticket into the exit station to lift the gate and exit. Monthly parking also available for $250 per month including 24/7 access with in and out privileges. For more info, visit www.75wharrison.com/cbaparking or call 312/494-9135 Write for the CBA Record The CBA Record, a multifaceted journal published seven times a year for members of the Chicago Bar Association, seeks your input. Issues include fea- ture articles, commentary on legal developments and recent decisions, how-to articles, opinion pieces, discussions of ethical issues, and activities of interest to our members. MyCase is the premier all-in-one web-based legal practice management software that offers features that seamlessly cover all the daily functions that a modern solo and small lawfirm require.With this web-based software, lawyers can work from anywhere at any time significantly increasing productivity. MyCase is priced at $39/month, but Chicago Bar Association members receive a 10% lifetime discount. Go to www.chicagobar.org/save or call 800-571-8062 to learn more and get a free trial.

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22 APRIL/MAY 2018