The first segment will focus on Protecting Your Client at the Drafting Stage: Practical and Legal Considerations. The topics and speakers are:
9:05 a.m. - Drafting the Non-Competition Provisions in Employment Agreements: The Employer's Perspective, with Howard Z. Gopman of Skokie, member of the Corporation, Securities and Business Law Section Council.
Gopman will discuss drafting with an understanding of enforceability under Illinois law and an update on constantly evolving case law. He will review model form provisions.
9:30 a.m. - Negotiating Non-Competition Provisions: The Employee's Perspective, with Zane M. Cohn of Chicago, co-editor of the Corporation, Securities and Business Law Section newsletter.
Cohn will discuss protecting the client's ability to make a living in the face of an overreaching employer, and will provide effective strategies for limiting the scope.
9:55 a.m. - Drafting the Related Protections: Confidentiality and Non-Solicitation Agreements, with David F. Rolewick of Rolewick & Gutzke, Wheaton, a member of the Corporation, Securities and Business Law Section Council.
Rolewick will outline considerations for preserving the employer's interests in proprietary business information, customer relationships and employees.
The concluding segment of the seminar will cover Representing Your Client at the Dispute Stage: Cost-Effective Strategies. Topics and speakers are:
10:20 a.m. - Alternatives with Respect to Enforcing Client Rights, with Cook County Judge Allen S. Goldberg, a member of the Civil Practice and Procedure Section Council.
Also a member of the Alternative Dispute Resolution Section Council, Goldberg will review considerations for resolving disputes through mediation.
10:45 a.m. - The Plaintiff's Litigation Strategy: Enforcing Rights, with James A. Murphy of Mahoney, Silverman & Cross, Joliet, a member of the Civil Practice and Procedure Section Council. He will cover theories of the case and drafting the complaint.
11:10 a.m. - Defending Against a Claim of Breach: Representing the Employee, with Patrick M. Kinnally of Kinnally, Krentz, Loran, Hodge & Herman, Aurora, who will discuss pretrial defense strategies for efficiently managing litigation.
Kinnally serves on the Civil Practice and Procedure Section Council, the International and Immigration Law Section Council, and the General Practice, Solo and Small Firm Section Council.
11:35 a.m. - Panel discussion on practical experience with negotiating non-competition provisions and creative approaches to managing disputes, including the judicial and in-house perspectives.
Panelists are Appellate Justice Richard P. Goldenhersh of the 5th District, Belleville, a member of the Bench and Bar Section Council; Ronald Megna, assistant general counsel for Smurfit-Stone Container Corp., Chicago, and William Lynch Schaller of Baker & McKenzie, Chicago.
12 noon - Question and answer period.
Discrimination, privacy issues in employment discussed May 5
A Law Ed Series seminar on employment discrimination, harassment and privacy issues related to sexual preference will take place Thursday afternoon, May 5, in the ISBA Chicago Regional Office.
"Out at Work: Cutting Edge Issues for Employers and Employees" is sponsored by the ISBA Committee on Sexual Orientation and Gender Identity, with co-sponsorship by the Employee Benefits, Family Law, Human Rights, and Labor and Employment Law Section Councils.
Program coordinator is Prof. Mark E. Wojcik of The John Marshall Law School, Chicago, a member of the sponsoring committee and Human Rights Section Council, and chair of the International and Immigration Law Section Council.
Committee vice chair Mark A. Dupont of Chicago, law clerk to Judge Ilana D. Rovner of the U.S. Court of Appeals, the moderator, will open the program at 1 p.m. with an overview and introductions. The schedule of topics and speakers follows.
1:15 p.m. - Recent Developments in Pursuing and Defending Claims of Employment Discrimination Under Federal, State and Local Law, with William J. Borah of Homewood, vice chair of the Labor and Employment Law Section Council.
2 p.m. - Recent Developments in Sexual Harassment Law, with committee vice chair Ferne P. Wolf of Sowers & Wolf, St. Louis.
2:45 p.m. - Transgender Employees, with Beth E. Plotner of Chicago.
3:45 p.m. - Privacy and the Corporate Closet, with Gail H. Morse of Jenner & Block, Chicago: How to Build an Effective Support Network for Employees; What Employers and Employees Need to Know When the Employee Isn't "Out."
4:15 p.m. - Everything Else You Need to Know, with Mark Wojcik: How Same Sex Marriage Affects Domestic Partnership Benefits; How Criminal Statutes Can Prevent Workplace Hate Crimes Based on Sexual Orientation; How Ethical Rules for Illinois Attorneys Require You to Learn About Everything in This Seminar.
Publishing contracts to be topic of joint conference with science fiction writers
An ISBA seminar about authors' publishing contracts on Thursday, April 28, at the Hotel Allegro, Chicago, will be coupled with a weekend conference of the Science Fiction and Fantasy Writers of America (SFWA) at the hotel.
Co-sponsored by the ISBA Intellectual Property Section and the SFWA, the Law Ed Series seminar from 9 a.m. to 5 p.m. is titled "Publishing Contracts for New Authors, New Publishers and Their Attorneys."
The program is designed for both lawyers who practice in the publishing field and general practitioners who have clients who might want to create periodicals or to submit original work to existing publications.
Topics to be covered from 9 a.m. to 12:30 p.m. include authorship and ownership, trademarks and copyrights, fair use, registration and unregistered rights, licenses and permissions, royalties, infringement claims and negotiations, and conflicts and ethics
Speakers include Intellectual Property Section Council chair Aaron W. Brooks of Rockford, and past chair Steven L. Baron, secretary Stephen G. Kehoe, newsletter editor Daniel Kegan and member Eugene F. Friedman, all of Chicago.
Other speakers are seminar co-coordinator Jeffrey G. Liss, a member of the Real Estate Law Section Council and the SWFA Contracts Committee, and Kristin L. Lingren, both of Chicago.
After a luncheon break, the 1:30 to 5 p.m. session will be devoted to book publishing contract issues, such as responsibilities of the parties, types of compensation and subsidiary rights, agents of record, dispute resolution, auditing, and author courtesies.
Speakers are Charles E. Petit of Urbana and Sean P. Fodera of the Fodera Rights Agency, Brooklyn, N.Y.
The highlight of the SFWA conference is presentation of Nebula Awards and other honors during a Saturday night banquet. Several well-known science fiction authors are expected to be present.
ISBA members may attend at the SFWA registration fees. For more information, access www.sfwa.org.
Civil litigation programs scheduled April 22, May 6
Two ISBA Law Ed Series presentations of "Civil Litigation: Update and Review of Civil Practice and Procedure" will be conducted Friday, April 22, in the UBS Tower Conference Center, Chicago, and Friday, May 6, in the Radisson Hotel, Bloomington.
Sixteen topics will be covered in 25-minute segments. The moderator is Chicago attorney Robert H. Hanaford, chair of the ISBA Civil Practice and Procedure Section Council and newsletter co-editor of the Insurance Law Section Council. The schedule follows.
9 a.m. - Service of Process, with section council member Kelli E. Hillis of Feldman, Wasser, Draper & Benson, Springfield, who also serves on the Young Lawyers Division Council.
9:25 a.m. - Proper Parties, Amended Complaints, Relation Back Doctrine, with Shawn S. Kasserman of Corboy & Demetrio, Chicago.
9:50 a.m. - Pleadings: The Road Map Through Trial, with Robert R. Duncan of the Law Offices of Richard L. Pullano, Chicago.
10:15 a.m. - Medical Malpractice Affidavit: Section 2-622, with section council member Bridget A. Mitchell of Chicago.
10:50 a.m. - Venue and Forum Non Conveniens, with section council member James Matthew Pfeiffer of Rolewick & Gutzke, Wheaton (Chicago program), also a member of the Young Lawyers Division Council, and Gwen M. Geraghty of Dykema, Gossett, Rooks & Pitts, Chicago (Bloomington program).
11:15 a.m. - Discovery: Interrogatories, Document Production and Depositions, with section council member Hugh H. Rowden of McCarthy, Rowden & Baker, Decatur.
11:40 a.m. - Opening Statement, with John M. Stalmack of Bollinger, Ruberry & Garvey, Chicago (in Chicago), and Thomas M. Harris of Jerome Mirza & Associates, Bloomington (in Bloomington), a member of the Committee on Continuing Legal Education and Illinois Bar Journal Editorial Board.
12:05 p.m. - Luncheon break.
1 p.m. - Supreme Court Rule 213: Disclosure of Opinion Witness, with section council member Russell W. Hartigan and Victoria Benson of Hartigan & Cuisinier, Chicago.
1:25 p.m. - Supreme Court Rule 216: Requests to Admit, with Robert H. Fredian of Wiedner & McAuliffe, Chicago (in Chicago), and Timothy W. Kelly of the Kelly Law Offices, Bloomington (in Bloomington), a member of the Tort Law Section Council.
1:50 p.m. - Third Party Practice: Indemnity and Contribution, with section council member Ronald A. Roth of Roth & Evans, Granite City.
2:15 p.m. - Administrative Review: Timely Filing and Proper Parties, with Thomas M. Battista of Rock, Fusco & Garvey, Chicago, past chair of the Administrative Law Section Council and member of the State and Local Taxation Section Council.
2:55 p.m. - Motions to Dismiss Under Sections 2-615 and 2-619, with Cook County Judge Daniel T. Gillespie, a member of the section council and ISBA Assembly (in Chicago), and Phillip Shawn Wood of Seyfarth Shaw, Chicago (in Bloomington).
3:20 p.m. - Motions for Summary Judgment: Section 2-1009, with section council member James A. Murphy of Mahoney, Silverman & Cross, Joliet (in Chicago), and Katherine J. Casey of Piper Rudnick Gray Cary, Chicago (in Bloomington).
3:45 p.m. - Enforcement and Relief from Judgments, with ISBA Assembly member Jeffrey Corso of Swanson, Martin & Bell, Chicago, past chair of the Committee on the Attorney Registration and Disciplinary Commission.
4:10 p.m. - Closing Arguments, with E.Angelo Spyratos of Momkus, McCluskey, McAndrew & Monroe, Downers Grove, who serves on the ISBA Assembly (in Chicago), and associate member Frank A. Perrecone of Ferolie, Perrecone & White, Rockford (in Bloomington), who is a member of the ISBA Assembly andthe Task Force on the Unauthorized Practice of Law.
4:35 p.m. - Post-Trial Motions JNOV, New Trial, Preserving Issues for Appeal, with section council member Sandra L. Loeb of the Law Offices of Frederick & Hagle, Urbana (in Chicago), and Robert R. McNamara of Johnson & Bell, Chicago (in Bloomington).
Insurance disputes to be aired
An ISBA Law Ed Series luncheon seminar on "Insurance Coverage Disputes: The Basics of Litigating a Declaratory Judgment Action," will be conducted Friday, April 29, in the Chicago Regional Office.
Nancy K. Caron of Caron, Constants & Wilson, Chicago, newsletter co-editor and past chair of the Insurance Law Section Council, is program coordinator and moderator.
All of the subject matter will be covered by two speakers: section council member Stephen L. Corn of Craig & Craig, Mattoon, who also serves on the Federal Civil Practice Section Council, and S. William Grimes of Caron, Constants & Wilson.
Caron will open the program at 11:30 a.m. with welcoming remarks and introductions. The following topics are scheduled for discussion.
11:40 a.m. - Pre-suit Considerations: when to file, where to file, denial of coverage vs. reservation of rights, determination premature until resolution of underlying case, effect on duty to defend, necessary parties and jurisdictional issues, and filing in state vs. federal court.
12 noon - Drafting the Complaint: statutory law (Illinois and federal), elements of complaint, coverage contentions, justiciable controversy, framing the issues, and exhibits to complaint.
12:15 p.m. - Discovery: use of interrogatories, requests to admit, subpoenas to third parties, deposition testimony, and discovery of claims, underwriting, broker and insured files.
12:30 p.m. - Resolution of Action (three parts).
Summary Judgment: legal vs. factual issues, authenticating documents, use of affidavits, and admissions.
Mediation: preparing your case, how to represent your client effectively, and use of client representatives.
Trial: burden of proof, jury or bench trial, and issues appropriate for trial vs. summary judgment.
12:50 p.m. - Questions and answers.
Insurance coverage issues up for review
An "Insurance Coverage Potpourri: Update of Latest Developments on Coverage Issues Arising Under the Commercial General Liability Policy" will be presented Friday morning, May 20, in the ISBA Chicago Regional Office.
The ISBA Insurance Law Section is the sponsor of the Law Ed Series seminar. Past section council chair and newsletter co-editor Nancy K. Caron of Caron, Constants & Wilson, Chicago, is program coordinator and moderator. The schedule follows.
8:45 a.m. - Welcome and Introductions by Nancy Caron.
9 a.m. - Duty to Defend, Independent Counsel and Allocation of Defense, with section council member John D. Dalton of Merlo, Kanofsky, Brinkmeier & Gregg, Chicago.
Dalton will discuss the insurer's obligations under the duty-to-defend clause, when independent must be provided, and the latest developments in allocation of costs between insurer and insured.
9:40 a.m. - John Burns, Where Are You Now? with section council member William T. Weaver of Lord, Bissell & Brook, Chicago.
As insured issues arise on a daily basis, Burns says, the attorney must learn how to decipher complicated provisions, and to understand the "targeted tender" issues that are unique in Illinois.
10:30 a.m. - Remedies Between Insurers, with Carol Proctor of Hinshaw & Culbertson, Chicago.
Proctor will provide an update on the law of subrogation and equitable contribution to effectuate remedies between insurers. She will discuss the recent opinions in Home Insurance v. Cincinnati Insurance and Chubb Insurance Co. v. DeChambre.
11 a.m. - The Business Risk Exclusions, with Jon E. Elenius of Cortner, McNabor, Colliau & Elenius, Chicago.
Elenius will review the status under Illinois law of care, custody and control, work and product exclusions and impaired property exclusions. He will explain how exclusions apply, the intent behind them, and how they interplay with other policy provisions and types of coverage.
11:30 a.m. - Personal and Advertising Injury Coverage, with section council chair Joseph P. Shannon of Dolan & Shannon, Chicago.
Shannon points out that this separate type of insurance contained in commercial policies covers certain risks not based on accidents or occurrences. He will discuss application of this coverage to specific factual situations and how Illinois law considers such types of risks.
12:15 p.m. - Questions and answers.
Admissions slated May 5 at 5 sites
An estimated 734 new lawyers will be admitted Thursday, May 5, during five ceremonies conducted by the Illinois Supreme Court. The times, locations and numbers of admittees at each are:
1st District (485) 10 a.m., Arie Crown Theater, McCormick Place, Chicago.