CBA Record May-June 2025

May/June 2025 CBA

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MENTAL HEALTH AWARENESS MONTH

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INSIDE THIS ISSUE: Suing Too Soon? How to Satisfy the UCC’s Notice Requirement Shifting Gears: Using the Power of Perspective to Build a Healthier Lawyer Mindset Workplace Wellness: Protections When Taking Leave Due to Health or Disability Lawyering as a Lifestyle: Trying to Find a Balance

CBA RECORD CONTENTS

May/June 2025 • Volume 39, Number 3

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Editor’s Briefcase

A Journey of Words and Purpose By Justice Michael B. Hyman

INSIDE THIS ISSUE

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President’s Page

28

Suing Too Soon? How to Satisfy the UCC’s Notice Requirement By William G. Beatty

Making Our Legacy Eternal By John C. Sciaccotta

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CBA News

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Celebrating Mental Health Awareness Month Shifting Gears: Using the Power of Perspective to Build a Healthier Lawyer Mindset By Karen Munoz 5th Annual Flash Fiction Contest Winner He’ll Have Plenty of Time to Write Now By Jack Leyhane

22 The Pulse

26 Chicago Bar

Foundation Report

32

42 Nota Bene

Everyone Has a Story: Using Storytelling to Engage Your Reader by Kathleen Dillon Narko

THE YOUNG LAWYERS SECTION

44 LPMT Bits & Bytes

The New Digital Legal Pad by Kevin Thomspon

36

Apotheosis Kenneth Matuszewski, YLS Chair

46 Practical Ethics

ABA Ethics Opinion Finds Additional Confidentiality Exception by Trisha Rich

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Celebrating Mental Health Awareness Month Workplace Wellness: Protections When Taking Leave Due to Health or Disability By Marlena Johnson Celebrating Mental Health Awareness Month Lawyering as a Lifestyle: Trying to Find a Balance By George J. Schaller

48 Summary Judgement

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Presumed Guilty by Scott Turow Reviewed by Daniel A. Cotter

50 History Will Judge

The Second Machine Age: A Reckoning By Nina Fain

The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/o Membership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2025 by The Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.

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EDITORIAL BOARD EDITOR-IN-CHIEF CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF A Journey of Words and Purpose A lmost 40 years, nearly 30 of them as Editor-in-Chief. Yet, it seems but a moment. When I accepted an invitation in 1986 to help plan a flagship publication replac ing the Chicago Bar Record , I could not have anticipated how profoundly the magazine would shape my life or the many close relationships it would forge. Being a lawyer means placing our faith in words. Yet, of all of my words that have appeared in these pages, the toughest to express are these—the time has come to take my leave. I view the CBA Record as our Association’s hub, where everyone—from seasoned attorneys to law students—can connect, learn, and discuss the law and legal develop ments, celebrate the Association’s and its members’ achievements, promote collegiality, and stay involved in our constantly evolving profession. Despite the trend toward digital communication, the CBA Record maintains tangible contact with members by offering a printed magazine along with an electronic version. I have not done this alone. Members of the editorial board, CBA staff, and contribu tors have been my companions all along the way. So many individuals have participated that naming them all would be impractical, including just those who gave exceptional effort over the years. To each of you: My deepest thanks for your commitment, fellow ship, and generosity, which resonate within me beyond what words can capture. I make an exception, however, for five staff members for their indispensable assistance and unwavering support: Executive Directors Terry Murphy and Beth McMeen, Publi cation Managers Larry Kay (1957-2002) and David Beam, and Director of Marketing and current manager Sharon Nolan. This magazine could not have existed without the hard work, passion, and creativity of scores of CBA and YLS members who served on the Editorial Board. I am incredibly proud of what we accomplished year after year, issue after issue. Together, we supported one another, vetted content, swapped ideas, and labored and laughed, all the while pro ducing a publication with purpose. And we never missed a USPS postal deadline. And you, the reader—have also been part of this. Reading is not passive. It is an act of engagement. So, as Editor-in-Chief, I sought to shape each edition of the CBA Record as more than a source of information but rather as a platform to challenge, educate, and inspire. The publication will continue. Others will take up this work, as they must. I step away with a hope: that the CBA Record continue to serve as a vital space for dialogue and reflection on the pressing issues of the day and the values that define our profession. I am immensely grateful to have been allowed to serve our Association through the CBA Record during most of my career. I bow out with treasured memories, knowing that I contributed to something truly special. Bar associations have never been more essential than today. In a world where justice is fragile, where truth is questioned, and where fairness is not guaranteed, we cannot remain silent. Our voices joined as one have the power to protect what is right, to chal lenge what is unjust, and to strengthen the foundation on which the rule of law stands. Involvement in the CBA is a responsibility each member must embrace for ourselves and those who depend on justice to prevail. Rehearing: “All that you touch, you change. All that you change, changes you.” – Octavia E. Butler, author

Justice Michael B. Hyman Illinois Appellate Court ASSOCIATE EDITOR Anne Ellis Council of State Governments Justice Center SUMMARY JUDGMENTS EDITOR Daniel A. Cotter

Dickinson Wright PLLC YLS JOURNAL EDITORS

Joanna Kopczyk Attorney at Law Nikki Marcotte Kirkland & Ellis LLP

Daniel J. Berkowitz Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP Jacob B. Berger Tabet DiVito & Rothstein LLC Amy Cook Amy Cook Law LLC Nina Fain LG Segovanio R.E.I.T. Anthony F. Fata Kirby McInerney LLP Clifford Gately

Quarles & Brady Meredith A. Geller Northwestern Pritzker School of Law Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Theodore Kontopoulos Internal Revenue Service John Levin Kathryn C. Liss DePaul University College of Law Clare McMahon Reed, Centracchio & Associates, LLC Pamela Sakowicz Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Trisha M. Rich Holland & Knight LLP Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Buchalter Kevin A. Thompson Levin Ginsburg Rosemary Simota Thompson

Judge E. Kenneth Wright, Jr. Circuit Court of Cook County

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 May/June 2025

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CBA RECORD 5

PRESIDENT’S PAGE BY JOHN C. SCIACCOTTA Making Our Legacy Eternal

The Chicago Bar Association www.chicagobar.org President John C. Sciaccotta Vice President Judge Nichole C. Patton Treasurer Jonathan B. Amarilio Secretary Trisha Rich Immediate Past President Ray J. Koenig III Executive Director Beth McMeen BOARD OF MANAGERS Daniel J. Berkowitz Tracy Brammeier Maggie Mendenhall Casey Erin Clifford Nishá N. Dotson John C. Ellis Josie M. Gough Brian Haussmann Judge Kenya A. Jenkins-Wright Michael Kozlowski Francine D. Lynch Justice Margaret Stanton McBride Kenneth A. Matuszewski Peter McNamara John Mitchell Sari Montgomery

CLE and Committees l Traveled to beautiful Sicily with over 110 people on our annual CLE trip (thank you to Judge Thomas Mulroy for chair ing this trip), where we signed an agree ment with the Palermo Bar Association to work together on future projects; l Formed the CBA “Chicago Law Museum” (thank you to past CBA President Daniel Cotter for chairing the exploratory com mittee and for the committee members’ great efforts; details to come); l Issued several statements to protect and fight for the rule of law and the indepen dence of the judiciary, as the CBA con tinues to champion our legal profession; l Recognized CBA members at the first ever “CBAY” awards ceremony; l Revived three committees: Domestic Violence, Veteran and Military Affairs, and Bench & Bar; l Developed over 100 innovative CLE seminars, as we focused on supporting and improving CBA committee work, including the initiation of board mem bers being assigned oversight liaisons for each committee (as president, I attended most of our 106 CBA practice and ser vice committees, recognizing committee leadership and thanking members for their participation); and l Secured a City of Chicago liquor license for the CBA Building. There are also many people to thank along my personal journey as president. First and foremost, to my family, thank you to my spouse Esther, our four adult children (JC, Michael, Anna, and Joe) and their spouses for allowing me the time to volunteer and give back to our profession. To my mother and to my late maternal

W hat a year it has been! A year packed with purpose and promise as we’ve worked to pre serve our profession’s great legacy. Here is a brief recap of some of the CBA’s accom plishments we’re most proud of from this past bar year: Summits and Meetings l Convened and hosted a National ADR Symposium; l Led a Domestic Violence Summit; l Hosted a Judicial Security meeting with the state and federal judiciary with the goal of introducing legislation to provide state court judges with paid residential security systems; l Represented the CBA at over 175 bar, legal, community and philanthropic events (thank you to the CBA Executive Committee and Board Members); and l Convened a complimentary Gun Vio lence Summit.

Eirene N. Salvi Brendon Stark Justice Rena Marie Van Tine Judge Andrea R. Wood

6 May/June 2025

grandparents who raised my younger brother and me to work hard, always give back, be kind, assist others (especially those less fortunate), pay it forward, mentor and train the next generation, and work to make the world a better place. To my law partners and colleagues at Aronberg Goldgehn, thank you for supporting and inspiring me to give back and to make a difference. To the best CBA Executive Committee and Board of Manag ers members, who deserve special recognition for their dedica tion, commitment, and devotion. To all of the past CBA Presidents for their support, advice, and guidance throughout the year (in alphabetical order): Judge Maryam Ahmad, Anita Alvarez, Aurora Abella-Austriaco, Laurel Bellows, Patti Bobb, Terrence Burns, Bob Clifford, Dan Cotter, Justice Joy V. Cunningham, Michael Demetrio, Thomas Deme trio, Kevin Durkin, Timothy Eaton, Steven Elrod, Kevin Forde, E. Lynn Grayson, Tom Hayward, Victor Henderson, David Hilliard, Roy Hofer, Judge Patricia Brown Holmes (ret.), Justice Michael B. Hyman, John Jiganti, Ray Koenig, Daniel Kotin, Terri Mascherin, Judge Thomas Mulroy (ret.), Gordon Nash, Jennifer Nijman, Kerry Peck, Richard Prendergast, Jesse Ruiz, John Simon, Joseph Stone, Timothy Tomasik, Rene Torrado, and Judge E. Ken neth Wright, Jr. Many thanks to all of you! You have been shining examples to strive for excellence and to be the best leader I could be.

Additionally, thank you to those who nominated and encouraged me to pursue CBA leadership and for always believing in me. I am now proud to join one of the most impressive and respected groups there is: CBA Past Presidents. To the incredible CBA staff: Beth McMeen, the best Execu tive Director; Mark Cellini, our exceptional controller who keeps us on budget and in strong financial condition; Jennifer Byrne, a gifted CLE Director; Sharon Nolan, a talented and cre ative marketing director; Sheila Mulvey, our new and innovative membership director; and Michele Spodarek, our talented events coordinator. And, to our Executive Director Emeritus, Terry Murphy, who always supported all of us to aspire to leadership of our CBA. To the entire CBA Record Editorial Board and Editor-in Chief, Justice Michael B. Hyman, who is retiring from the Edi torial Board after serving since 1986. Thank you, Justice, for your devotion and dedication to one of the crown jewels of our Association. The CBA Record is a wonderful publication, and we are thankful for your many meaningful columns and impactful articles, and for your many years of meritorious service. To you, our devoted and committed CBA members, I cannot thank you enough for showing up, participating, contributing and doing whatever is necessary to make our association the very best it can be.

MEMBERS FREE

COOK COUNTY VETERAN’S TREATMENT COURT PROGRAM May 20, 2025 | 12:00-1:00 p.m. | 1 IL MCLE Credit Register at Learn.ChicagoBar.org

The Cook County Veterans Treatment Court is a unique program specifically designed for individuals who have served in the U.S. military and have become involved in the criminal justice system. The goal is to help veterans reduce their risk of further involvement in the criminal justice system and to improve their overall quality of life. Attend to learn about the Veteran’s Court call, how it came to be, and how attorneys can best position their military veteran clients to be accepted into the program. Speakers will include Circuit Court of Cook County Judge Michael Hood, Circuit Court of Cook County Judge John Fitzgerald Lyke, and Joseph Cook, a principal attorney at the Metropolitan Water Reclamation District of Greater Chicago and a Major in the United States Air Force JAG Corps. This program is sponsored by the CBA’s Military and Veteran’s Affairs Committee. To join this committee and receive notice of future events, visit www.chicagobar.org or email Meredith Loehr at mloehr@chicagobar.org.

CBA RECORD 7

CBA NEWS

Ronald Austin, Jr. Ronald Austin, a principal at Grant Austin LLC, practices in the areas of business lit igation, corporate law, employment law, healthcare law, and product liability litiga tion. He also serves on several nonprofit boards and holds leadership positions in numerous bar associations including the Association of Defense Trial Attorneys; The Chicago Bar Association, where he served as the Investigations Chair for the Judicial Evaluation Committee; Illinois Association of Healthcare Attorneys; Illi nois Primary Health Care Association; PCC Community Wellness Center, a fed erally qualified community health center where he has served for more than 20 years on the Board and currently serves as Chairman; University of Illinois Col lege of Law Alumni Board; and Victory Apostolic Church, where he serves as Vice Chairman of the Board of Trustees. Judge Fredrick H. Bates Judge Fredrick H. Bates was elected as an Associate Judge in the Circuit Court of Cook County in 2020 and is currently assigned to the Sixth Municipal District in Markham. He previously served as an Administrative Law Judge and a hearing officer for over 15 years. His background also includes serving as a clerk on the U.S. Circuit Court of Appeals for the 8th Circuit, a partner at two large law firms, and president of a minority-owned corpo rate law firm. He has served as President of the Cook County Bar Association and the Chicago Committee on Minorities in Large Law Firms. After graduating from high school at age 15, and finishing college at age 18, Judge Bates attended Creighton University School of Law. He has served on over 20 nonprofit boards and received numerous community service awards.

2025 Earl B. Dickerson Awards T he Chicago legal community gathered to celebrate six attorneys who received the Earl B. Dickerson Awards. The awards honor the legacy of Earl B. Dickerson, among the first African American members of the CBA, whose life and career were devoted to helping others gain equality and justice. This year’s honorees are Ronald Austin, Jr., Principal, Grant Austin LLC; Judge Fredrick H. Bates, Circuit Court of Cook County; Margaret “Maggie” Mendenhall Casey, Deputy Corporation Counsel, City of Chicago Office of Corporation Counsel; Judge John A. Fair man, Circuit Court of Cook County; Presiding Judge Judith C. Rice, Domestic Violence Division, Circuit Court of Cook County; and Ami N. Wynne, Partner, Morgan Lewis. The CBA created the award to recognize minority lawyers and judges whose careers emulate Dickerson’s courage and dedication in making the law the key to justice for all. “Our distinguished honorees exemplify the strength of character and devotion to jus tice that defined Earl Dickerson’s life and career. Their dedicated service and important contributions to the legal community and the justice system help ensure that all in our community receive fair and equitable treatment,” said CBA President John C. Sciaccotta. By Ann Glynn From left, top row: Judge Fredrick H. Bates, Circuit Court of Cook County (Honoree); YLS Chair Kenneth Matuszewski, Rozier Hardt McDonough; and Judge John A. Fairman, Circuit Court of Cook County (Honoree). From left, bottom row: Judge Judith C. Rice, Presiding Judge, Domestic Violence Division, Circuit Court of Cook County (Honoree); Ami N. Wynne, Morgan, Lewis & Bockius LLP (Honoree); Illinois Supreme Court Justice Joy V. Cunningham; Former Secretary of State Jesse White; CBA President John Sciaccotta, Aronberg Goldgehn; Presiding Judge E. Kenneth Wright, Jr., First Municipal Division, Circuit Court of Cook County; Deputy Corporation Counsel Maggie Mendenhall Casey, City of Chicago’s Office of Corporation Counsel (Honoree); and Ronald Austin, Jr., Grant Austin LLC (Honoree).

8 May/June 2025

Maggie Mendenhall Casey As a Deputy within the City of Chicago Corporation Counsel’s Office, Maggie Mendenhall Casey serves as in-house counsel and leads the City of Chicago’s tort defense, medical malpractice, and insurance coverage portfolio, manag ing 45 employees and a pool of outside counsel. Her prior positions include serving as General Counsel for the Com munity Commission, a City of Chicago police accountability agency. Mendenhall Casey began her career as a Cook County Assistant State’s Attorney, advocating for victims of crime. She was recognized by the Chicago Daily Law Bulletin as a 40 Under 40 Attorney and also received the Next Generation Award from the Cook County Bar Association. She is a member of the CBA’s Board of Managers and previously served as Parliamentarian for the Black Women Lawyers’ Associa tion. Additionally, she is a co-host of the CBA’s national award-winning podcast, @TheBar. Judge John A. Fairman Judge John A. Fairman, a Circuit Court Judge at the Fifth District Municipal Courthouse in Cook County, handles domestic violence and emergency mental health examination and detention hear ings and hears civil, criminal, and traffic matters on a rotating basis in the Brid geview courthouse. He served in multiple divisions as a former Cook County Assis tant State’s Attorney. His public service background includes time in Washington,

D.C., where he worked with the Judiciary Committee and helped write legislation to change federal accounting laws in the wake of the Enron scandal in 2002. Judge Fairman has served on the Hearing Board, Oversight Committee, and Review Board for the Illinois Supreme Court; as chair of the board for South Suburban Council Treatment and Addiction Center; and as President of the National Black Prosecu tors Association-Chicago Chapter. He has been a mentor for Big Brothers Big Sisters of America and a general board member for the Illinois Judicial Council and the Southwest Bar Association. In addition, he received the James P. Lyke African American Male Image Award, a Distin guished Service Award from the Illinois Judicial Council, and the League of Leg ends Champion Award for “Improving the Judiciary” category from the Link & Option Center, Inc. Judge Judith C. Rice As Presiding Judge of the Domestic Vio lence (DV) Division, Judge Judith C. Rice leads judges and staff in implement ing the expansion of access and services within the Division. This includes orga nizing training on the SAFeR framework for all DV Division judges and ongoing support to judges and court personnel. Judge Rice launched the After Hours Emergency Order of Protection Pilot, where domestic violence survivors can now receive orders of protection outside regular court business hours. She began her legal career as a prosecutor with the

Cook County State’s Attorney’s Office, where she handled appellate cases, narcot ics prosecutions, and abuse and neglect cases in Juvenile Court. She is on the advisory boards of the Uhlich Children’s Advantage Network and the Chicago Children’s Advocacy Center. She is also a member of the Illinois Supreme Court Committee on Equality and the Illinois Supreme Court Committee on Domestic Violence, and she is the treasurer of the Alliance of Illinois Judges. Ami N. Wynne Ami Wynne is a partner at Morgan, Lewis & Bockius in the firm’s Labor & Employment practice group. As a litiga tor, she represents employers and boards in complex employment litigation and advises on strategic human resources issues. She leads internal investigations of high-reputational-risk claims involving sexual harassment, discrimination, and conflicts of interest that can potentially create significant risk to an organization’s image. Her work also focuses on work place culture, the impacts of racial and social justice movements, and strategies for building respectful and inclusive work places. Wynne serves as the Managing Partner of the firm’s Chicago office and co-leads its Culture & DEI practice. She also sits on the boards of Legal Aid Chi cago and Lawyers Lend-A-Hand to Youth. View highlights from the luncheon on the CBA’s YouTube Channel at www.youtube. com/chicagobar.

In Memoriam The Chicago Bar Association mourns the passing of the Hon. Richard (Bill) W. Austin (Ret.), an Army veteran, leading commercial and antitrust litigator, and Cook County Circuit Court Judge to the Sixth Subcircuit. Austin was a career-long member of the Chicago Bar Association and served as CBA President from 1979-1980. During his presidency he focused on increasing the public’s access to legal services and improving service to our members and the legal profession. The CBA is forever grateful for Austin’s contributions to our Association and the legal profession.

CBA RECORD 9

CLE & MEMBER NEWS New admittees were admitted to practice law in Illinois on May 7 at ceremonies around Illinois hosted by the Illinois Supreme Court. To help introduce new admittees to the legal profession, the CBA offers free membership and free CLE for one year. Other benefits include mentoring and networking, job search resources, how-to seminars, CBA Welcomes New Bar Admittees This has been a year of innovation and meaningful connections— thanks to you! Dues renewal statements were mailed for the membership period June 1, 2025, to May 31, 2026. Renewing is easy: online (www.chica gobar.org), by phone (312-554-2020), or by mail. A dues installment plan, $50 financial hardship rate, and $75 retired rate are available (email membership@chicagobar.org with requests). The CBA is your premier legal community, with resources that can help you: • Grow your practice through business development programs. • Improve your practical legal, business, and technology skills. • Keep pace with legal developments and trending topics. • Enhance your resume with speaking, writing, and leadership opportunities. • Make an impact in your community. • Meet your IL MCLE requirement for free. • Connect with local attorneys and judges. It’s Time to Renew Your Membership

the opportunity to participate in practice area and service committee activities, career development services, social events, and more. If you know a new lawyer who has not yet activated their complimentary membership, please encourage them to do so. Email membership@ chicagobar.org for more information.

Why Renew? Enjoy access to free CLE (enough to fulfill your Illinois MCLE requirements) and get member pricing on more than 250 on-demand CLEs available at learn.chicagobar.org. Other benefits include the CBA Mediation Service, law firm marketing and business development programs, judicial meet and greets, legal news feeds, online career center, blog and podcast series, law practice manage ment and technology training, and more. Most of these benefits are free or very low cost. What’s Ahead: Opportunities include a Trial Academy, in-person networking/business development events, mediation and arbitra tion training, and new ways to give back to the Chicago area com munity. Visit www.chicagobar.org to see a complete list of what’s new at the CBA. We appreciate your membership support and look forward to serving you in the coming bar year. Refer questions about dues statements to the CBA’s Membership Accounting Department at 312-554-2020 or billing@chicagobar.org.

Unlimited CLE Plan

The new unlimited CLE-Advantage plan year begins on June 1 and includes most live and on-demand seminars for just $160 per plan year. The plan is a great value, as a single CBA seminar is $95 at the

member rate. Sign up now at Learn.ChicagoBar.org, call 312-554 2052 or email cle@chicagobar.org.

Don’t Miss Out on Free CLE Seminar Access: Renew by May 31

As a bonus, if you renew by May 31, you will receive two free seminar coupons (emailed after renewal and January, which must be used

for a CBA seminar hosted on the CERIFI Legal Edge, (formerly the West LegalEdCenter). Renew now at www.chicagobar.org/renew.

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tiered pricing here. Built with data security in mind. Put an end to the frustrations of the daily grind. It’s time to think different. Think Simple. CBA members receive 3 months free plus a 10% lifetime discount off the standard rate of $39 per user/per month. Learn more at https://www.simplelaw.com/chicago-bar.

10 May/June 2025

CBA RECORD 11

CELEBRATING BLACK HISTORY MONTH

Pictured: Nina Fain and Tracy Sanders Rucker

Illinois CROWN Act: The Intersection of Natural Hair and the Law By Judge Jasmine V. Hernandez, Circuit Court of Cook County, and CBA Record Editorial Board Member

T he CBA recently hosted a panel discussion that explored the evo lution and significance of natu ral hair in society, business, and the law. Panelists included Illinois State Senator Mattie Hunter; TiShaunda McPher son, senior counsel at Loftus Eisenberg; Michael Vernon, Staff Attorney at the Illinois Department of Human Rights; and attorney and author Tracy Sanders Rucker. Nina Fain, a CBA Record Edito rial Board member, moderated the panel. Fain’s introduction highlighted the his torical and cultural significance of Black hair. She explained how hair is a powerful expression of Black identity and culture. She also shared how, after the abolition of slavery, entrepreneurial African Ameri cans transformed their own methods of hair care into a multibillion-dollar hair industry—an industry with deep roots in Illinois. For example, Annie Malone started her Black hair care product busi ness in Peoria and marketed it at the 1903 St. Louis World’s Fair. Other long-term Black hair care businesses, such as SoftS heen, got their start in Chicago.

Protection for Natural Hair in the Workplace

In Illinois, the CROWN Act supple ments federal protections. Enacted in June 2022, the Act expands the term “race” to include traits associated with race, such as hair texture and protective hairstyles. The CROWN Act protects a person’s decision to wear natural hairstyles, such as braids, in the workplace. Previously, such protections extended only to schools, under the Jett Hawkins Law, Illinois Public Act 102-0360. The Jett Hawkins Law, which took effect six months before the CROWN Act in January 2022, “prohibits discrimina tion against hairstyles historically associ ated with race, ethnicity, or hair texture” in schools. The CROWN Act prohibits that same discrimination in the workplace. More over, its protection extends to other situ ations covered under the Illinois Human Rights Act, including employment, hous ing, financial transactions, and public accommodations. When Illinois Governor JB Pritz ker signed the CROWN Act into law, he commented, “Hair isn’t just deeply

Sanders Rucker introduced the issues and laws that were the focus of the presenta tion. Founder of “Natural Hair and the Law,” an organization that educates the public regarding legal issues involving natural hair in different spaces, Sanders Rucker has devoted her career to advo cating for equal treatment of natural hair in workplaces and schools. She began her presentation by asking attendees their thoughts about the importance of grooming and dress in the workplace. She explained that issues involving hair fall under grooming codes; it is legally relevant because of employment law and constitutional issues that arise when con sidering issues of freedom of expression and bodily integrity. Sanders Rucker then introduced the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair) and discussed how it provides greater protec tions for those who choose to wear their natural hair and protected styles in the workplace.

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CELEBRATING BLACK HISTORY MONTH

personal – it’s inherently cultural, passing down thousands of years of history from generation to generation. Hair discrimi nation isn’t just a microaggression – it’s racist. And its past time we prohibit it.” The CROWN Coalition is an organization dedicated to having similar legislation enacted in every state. It comprises legislators, organizations, and individuals, including Sanders Rucker. To date, iterations of the CROWN Act have been passed in 25 states including Alaska, Nebraska, New Jersey, and New York, and in Washington, D.C. Other Workplace Considerations and Protections McPherson, an attorney who focuses on employment and education discrimination, then introduced the other panelists and opened the question-and-answer session. Hunter, an Illinois State Senator for over 20 years repre senting the Third Legislative District, applauded passage of the Jett Hawkins Law but knew that it was not enough. She vowed to fight for inclusive workplaces because “Hairstyles do not affect a person’s ability to the job… Imagine having to choose between your job and your identity.” She observed that the CROWN Act is not just about hair; “it’s about recognizing the deep connection between our hair and our sense of self.” Vernon, a staff attorney at the Illinois Department of Human Rights Commission, is one of eight other attorneys tasked with reviewing reports of discrimination. Attorneys at the Commission, a statutory agency, investigate and enforce allegations of violations of the Illinois Human Rights Act. McPherson fielded questions from attendees about whether the CROWN Act protects people’s decisions to wear their hair in a certain color or wear wraps or hair decorations like beads. The panelists agreed that while natural hair and protected styles such as braids are protected, decorative hair pieces are not. There is a separation between race and cultural aesthetics which include hair adornments such as combs and pins. They noted that a person wearing a head wrap for a sin cerely held religious reason may be protected under federal law; however, it is not protected if the wrap is worn solely for fashion purposes. The panelists also agreed that the CROWN Act does not protect hair color or fashion choices. Vernon shared that as of January 1, 2025, under the Illi nois Human Rights Act, a person has two years after the date of an incident to file a charge of discrimination, harassment, or retaliation in all areas except housing cases, which must still be brought within one year after the alleged violation. The presentation concluded with the panelists sharing best practices to ensure inclusive workplaces and schools, such as having written dress and grooming policies that are consistent and fair. An on-demand version of the presentation can be found at learn.chicagobar.org.

Natural Hair in the Workplace: What Are Your Rights? By Tracy Sanders Rucker Reviewed by Daniel A. Cotter, Dickson Wright, CBA Record Editorial Board

In Natural Hair in the Workplace: What Are Your Rights?, attorney Tracy Sanders (now Sanders Rucker) provides a brief, prac tical, and informative guide to understanding legal protec tions against discrimination based on natural hair and pro tective hairstyles. She explores the history and cultural sig nificance of natural hair, par ticularly for Black individuals,

and examines how societal biases have shaped workplace grooming policies that often marginalize people of color. The book breaks down key federal laws, such as Title VII of the Civil Rights Act of 1964, and explains how these laws have been applied, or have failed to protect, employees facing hair-based discrimination. Sanders Rucker highlights real-world cases where employees were denied jobs, pro motions, or subjected to discipline because of their natural hair, shedding light on the legal and social challenges indi viduals encounter. The book also covers the context that led to passage of the Illinois CROWN Act and similar state-level legislation that explicitly prohibits hair discrimination. It offers readers practical steps on how to file complaints, document inci dents, and advocate for inclusive workplace policies. Ultimately, Sanders Rucker empowers readers with the knowledge and resources needed to assert their rights, challenge discriminatory practices, and foster greater acceptance and respect for natural hair in professional envi ronments. Her book includes numerous case studies at the end that can be used to assess the challenges individuals may have with respect to hair discrimination in schools and workplaces and explains rights that may be available to pro tect them.

CBA RECORD 13

CELEBRATING WOMEN’S HISTORY MONTH

Alliance for Women Honors Outstanding Women Lawyers T he CBA’s Alliance for Women honored women leaders in the law during Women’s History Month nois and awarded to a woman who meets the Founder’s Award criteria but has been qualified to practice law for 15 years or less, awarded to Gail Eisenberg, a partner at Loftus & Eisenberg. By Ann Glynn, CBA Public Affairs Director

with a CLE panel presentation entitled “Celebrating Women Leaders,” followed by their annual awards ceremony. The CLE program was moderated by Incoming CBA President Judge Nichole Patton, Circuit Court of Cook County. It featured past women presidents of the CBA including Anita Alvarez, Chief Legal Counsel, Maryville Academy, 2009-2010 CBA President; Aurora Austriaco, Valen tine, Austriaco and Bueschel, 2012-2013 CBA President; Laurel Bellows, The Bel lows Law Group, 1991-1992 CBA Presi dent; Illinois Supreme Court Justice Joy V. Cunningham, 2004-2005 CBA Presi dent; E. Lynn Grayson, Nijman Fran zetti, 2021-2022 CBA President; Patricia Brown Holmes, Riley Safer Holmes & Cancila, 2015-2016 CBA President; and Terri L. Mascherin, Jenner & Block LLP, 2010-2011 CBA President. Panelists shared inspiring stories and advised how they overcame barriers to become leaders in the legal industry. Highlights of the annual ceremony for women lawyers included bestowing two awards: (1) the Founder’s Award for women who have demonstrated their commitment to the advancement women lawyers, was awarded to Mary Smith, vice chair of the VENG Group and American Bar Association Immediate Past Presi dent; and (2) the Alta May Hulett Award, named for the first woman lawyer in Illi

Gail Eisenberg and Mary Smith

Employment Lawyers Association – Illi nois for 2024. She currently serves as Supervisor for New Trier Township and is a former township trustee. She sits on the Administrative and Government Affairs Committees of the Jewish United Fund and co-chairs the Legislative Committee of the Decalogue Society of Lawyers. She is also on her synagogue’s board and has served on the Quality Jobs Council for Women Employed, as a Girl Scout troop leader, and on the Triage Cancer Legal Advisory Council. The panel and the awards presentation were sponsored by Lexis Nexis, Aronberg Goldgehn, and Carlson Dash LLC. The Alliance for Women works within the CBA to advance the interests of women in the legal profession and the larger community. Through speaker forums, debates, meetings, networking events, and direct community service, the Alliance tackles issues including career advancement, balancing work with out side interests, cultural diversity, ending violence against women, community ser vice, and equality in education. To join the Alliance for Women, sign up at www. chicagobar.org . The CLE portion of the event can viewed online at Learn.ChicagoBar.org.

Founders’ Award Mary Smith, Immediate Past President of the ABA, was the first Native American woman to serve in that role in the Asso ciation’s almost 150-year history. She is vice chair of the VENG Group, a national consulting firm. Smith has served at the highest levels of government at federal and state levels. She served on the senior team of the Civil Division at the United States Department of Justice and was gen eral counsel at the Illinois Department of Insurance. She was the first Native Ameri can to serve as one of 13 commissioners on the Commission on Women in the Profession. She served on the executive council of the National Conference of Bar Presidents and is a past president of the National Native American Bar Associa tion. She co-chaired the Litigation Section in the District of Columbia Bar Associa tion and also served on the board of direc tors of the CBA. Alta May Hulett Award Gail Eisenberg focuses on employee rights at Loftus & Eisenberg. She was appointed 2021-2023 chair of the CBA’s Labor and Employment Committee and to the 2023 Nominating Committee. She was elected Second Vice President of the National

Navigating Civil Rights in the Second Trump Term May 28, 2025 | 2:00-5:00 p.m. | Live Webcast or In-person at the CBA 2.75 IL MCLE Credit | Register at Learn.ChicagoBar.org This seminar will analyze the Trump administration’s impact on civil rights across key areas, including employment and labor rights, criminal justice, reproductive rights, LGBTQIA + rights, free speech, and immigration.

14 May/June 2025

CELEBRATING WOMEN’S HISTORY MONTH

Employment The panel on employment featured attor neys and business leaders discussing the state of employment rights for women. Cherita Ellens, President and CEO of Women Employed, began the discus sion by addressing policy changes in Illi nois designed to address the wage gap. Mary M. (Betsey) Madden, Chief Legal Counsel & Ethics Officer for the Illinois Department of Human Rights, and Jane Flanagan, Director of the Illinois Depart ment of Labor, joined in discussing the legal and ethical issues impacting employ ment rights for women. The panel was chaired by Gail Eisenberg, Partner and Head of Employment Practice at Loftus & Eisenberg, Ltd. The discussion pointed out that, as with reproductive health, the federal pic ture is not as positive for women’s rights in the employment context. The federal government has begun attacks on diver sity, equity, and inclusion in the work place, which negatively impacts women. There are also attacks on sexual harass ment protections. Further, even without clear guidance, some companies are pre emptively complying with the federal government’s stance, often out of concern for losing federal funding. On a state level, however, Illinois has made worker protections stronger. The panel introduced attendees to the Illinois Equal Pay and Salary Transparency Act, which became effective January 1, 2025. Although it is too soon to see its impact, the law is designed to ensure that employ ees have more transparency in terms of salary. Under the Act, employees can seek pay records for those in the same posi tions. Job postings also must contain a pay range and provide existing employees with the opportunity to apply for open positions. This transparency can assist women in the workforce break down gender gaps and seek salary equity. Further, Illinois provides robust preg nancy protections as well as training for employers to ensure that employees’ rights are protected. Improvements have been made to family bereavement leave and to

Women’s History Month: Women’s Rights from Birth to Death By Meredith Geller T he CBA Women’s History Month event, “Women’s Legal Rights from Birth to Death,” covered reproduc tive freedom, employment, and estate planning. Participants on the Women’s Rights in the Workplace panel included (from left): Cherita Ellens, President and CEO, Women Employed; Jane Flanagan, Director, Illinois Depart ment of Labor; Mary M. (Betsey) Madden, Chief Legal Counsel & Ethics Officer, Illinois Department of Human Rights; and Gail Eisenberg, Partner, Head of Employment Practice, Loftus & Eisenberg, Ltd.

The panel was moderated by Trisha Rich, a partner at Holland & Knight. Panelists included Allison Tanner, Senior Litigation Counsel for Reproductive Rights and Health at the National Wom en’s Law Center, and Emily Werth, Senior Staff Attorney at the ACLU of Illinois. Despite the lack of positive federal news on reproductive rights, both pan elists addressed how their organizations are working to defend against infringe ment. From lawsuits to legislation, chal lenges are being made to ensure that the restrictions on reproductive health and freedoms do not stand. Further, they discussed how Illinois has cultivated a positive legal landscape for women’s reproductive health. This culture has led to an influx of women seeking abor tions from neighboring states with more restrictive laws, which Illinois has been working to accommodate.

Reproductive Freedom A panel on reproductive freedom pre sented an overview of Supreme Court precedent related to reproductive health. Panelists addressed how the Dobbs deci sion has impacted abortion rights and reproductive freedom throughout the country, including an increase in state abortion bans. These reproductive health restrictions are also appearing on the fed eral level. From executive orders rescind ing abortion access and eliminating funding for sex education to attempts to restrict access to abortion medications, this is, as one presenter mentioned, a dire time for gender equality.

16 May/June 2025

CELEBRATING WOMEN’S HISTORY MONTH

and unpaid job protected leave for victims of domestic violence under the Victims’ Economic Security and Safety Act. Estate Planning The event ended with practical estate planning advice for women. Modera tor Lauren Novak, the Chief Human Resources Officer and Employment Counsel at Corrugated Supplies Com pany, LLC, and panelist Jessica J. Birn baum, a partner at ArentFox Schiff LLP, provided guidance for women toward the end of life. They pointed out that estate planning is an important women’s issue because as women live five to six years longer than men, good estate plans can give surviving spouses a degree of flexibil ity. Marital or family trusts can help with concerns adult children may raise when a surviving parent starts to date again, including provisions for when a spouse remarries or cohabitates. These trusts can

both protect children’s inheritance while ensuring a surviving spouse continues to have control over their finances. Estate planning can also intersect with reproductive issues, including provisions for ownership of eggs or genetic materials. As the panelists explained, the important thing for women during estate planning is to ensure that they look ahead, so their rights are protected. Although the news was not always positive, especially on the federal level, this event was an excellent overview of the legal issues that impact women today.

Meredith Geller is a Clinical Professor of Law and Director of the Writing Lab at Northwestern University’s Pritzker School of Law and a member of the CBA Record Editorial Board.

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Working with Outside Counsel: An In-House Perspective June 23, 2025 | 4:00 p.m.

In-person at CBA Building or Live Webcast Networking reception follows in-person event

This program provides a deep dive into the key expectations and requirements that corporate counsel have when working with outside counsel. In today’s complex business environment, corporate legal teams rely on external lawyers for specialized expertise, strategic support, and effective collaboration. Understanding these needs is crucial for building strong, productive relationships between in-house and outside counsel. Panelists: Carl Bergetz , Chief Legal Officer, General Counsel and Corporate Secretary, Rush University System for Health & Senior Vice President, Rush University Medical Center Michael Lufrano , Executive Vice President, Community and Legal Affairs, Chicago Cubs Meredith Ritchie , General Counsel, Chief Ethics and Government Affairs Officer, Alliant Credit Union Greta Weathersby , Senior Corporate Counsel, WEC Energy Group

Sheila Nielsen, MSW, JD sheila@nielsencareerconsulting.com

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Moderator: John Sciaccotta , CBA President; Member, Aronberg Goldgehn

1 IL MCLE Credit $0 CLE Advantage Plan/ $35 Member/ $65 Nonmember Learn more and register at Learn.ChicagoBar.org

CBA RECORD 17

Insights on Navigating BIPA Compliance and Litigation

and the status of BIPA litigation. He highlighted the complexities of claims for damages. Another complex issue he discussed is when does an incident rise to a BIPA violation: An issue now being litigated involves whether, when a person unlocks their laptop with their fingerprint but has to wiggle their finger around for it to work, does each time they wiggle their finger around constitute an incident? Lastly, Cotter shared that BIPA does not apply to government agencies, the X-ray Retention Act, and financial institutions. Ryan spoke about damages, the number of incidents regarding BIPA violations, and the issue of notice under BIPA sec tion 15(a). He explained how, in Rosen bach v. Six Flags Entertainment Corp., 2019 IL 123186, the Illinois Supreme Court unanimously held that a plaintiff does not need to allege any actual injury or damages to successfully state a claim under BIPA. Ryan also talked about two new laws regarding BIPA. Under the first, a private entity that collects or discloses a person’s biometric data without consent can only be found liable for one BIPA violation per person regardless of the number of times BIPA Damages, Exemptions, and New Legislation

By Judge Jasmine V. Hernandez, Circuit Court of Cook County, and Mohammad Barakat, Law Clerk to Judge E. Kenneth Wright, Jr.

C BA’s Municipal and Law Commit tee gathered at the Daley Center to hear perspectives on the Illinois Biometric Information Privacy Act (BIPA) and updates on the status of BIPA litiga tion. Judge Allen P. Walker, Circuit Court of Cook County; John P. Ryan, partner at Hinshaw & Culbertson LLP; Daniel A. Cotter, partner, Dickinson Wright PLLC; and Bradley Dlatt, counsel, Perkins Coie LLP, shared their expertise with the attendees. Judge James McGing, co-chair of the Municipal and Law Committee, moderated the discussion.

require that a written policy be made avail able to the public; these sections also out line guidelines on destroying the data. He also shared how, under BIPA, it is unlaw ful for any private entity to buy or sell bio logical data unless they have informed the subject of that biological data in writing and that subject agrees to it. Rights of action and damages were also discussed, including the statute’s imposition of a fine of $1,000 if the party handling the biological data was negli gent. Judge Walker explained the Illinois Supreme Court case of McDonald v. Sym phony Bronzeville Park, LLC, 2022 IL 126511, 193 N.E.3d 1253, 456 Ill. Dec. 845, which held that employee claims for damages for violations of their statutory privacy rights under BIPA are not barred by the Workers’ Compensation Act. Current BIPA Litigation Cotter summarized other BIPA lawsuits

BIPA Provisions and Implementation

Judge Walker described BIPA’s legisla tive history, breaking down its parts and explaining how it has been implemented. He also discussed the requirements for holding on to such biological data. For example, BIPA sections 15(a) and (e)

18 May/June 2025