ministrator’s vant age social media and cyberspace 14 ... · social media and cyberspace 14...

November/December 2011 The Administrator’s Advantage 1

NOVEMBER / DECEMBER 2011

INSIDE:

Employment LawMichael F. McGahan, Susan Gross Sholinsky and Viktoria LoveiHot Employment Law Issues In the Age Of Social Media and Cyberspace 14

WellnessMichelle Schadler: Feeling Over-wellnessed? 18

EvaluationsCharles Gurian: The Dreaded Performance Review 32

Healthcare Paul Shaheen: Update on Healthcare Reform: The Year in Review 38

Human Resource Issue

The

MINISTRATOR’SV A N T A G E

2 The Administrator’s Advantage November/December 2011

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Human Resources Articles Hot Employment Law Issues In The Age Of Social Media and Cyberspace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14By Michael F. McGahan, Susan Gross Sholinsky, and Viktoria Lovei

Feeling Over-Wellnessed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18By Michelle Schadler The Dreaded Performance Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32By Charles Gurian Update on Healthcare Reform: The Year in Review . . . . . . . . . . . . . . . . 38By Paul Shaheen 38

Features

Editor’s Cut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Upcoming Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Holiday Party Pix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Member Spotlight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Workshop Recap (Build Your Own Policy Manual) . . . . . . . . . . . . . . . . . 22

Community Challenge (Jobs for Youth) . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Legal Levity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Business Partner Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Conference Recap (2011 Educational Conference and Expo Recap) . . . 30

Community Challenge (Changing a Life Over Your Lunch Hour) . . . . . . . 34

Brown Bag Recap (Cloud Computing) . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Webinar Recap (Safe Stress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Bi-Monthly Recap (Pathways Leading to Advancement of

Diversity and Inclusiveness in the Legal Workplace) . . . . . . . . . . . . . . . . 45

The Administrator’s AdvantageNovember/December 2011

Newsletter Editor: Nanine Schweda 312-863-5012nschweda@fgppr .com

Newsletter Committee: Patsy Carey312-630-1211 pcarey@stamostrucco .com Jane Klenck312-662-4662jklenck@vblhc .com Mary Lynn Wilson, CLM 312-332-8497 mlw@crayhuber .com

Advertising Space: Karin Jackson 312-782-7606

Printing: Elk Grove Graphics 847-439-7834

Design:Heiniger Design, Inc . 219-838-0243

Cover photo: Ice Skating at Millenium Park

The Administrator’s Advantage is published on a bi-monthly basis by The Greater Chicago Chapter of the Association of Legal Administrators . The newsletter is published as a service to The Greater Chicago Chapter members and others interested in law firm management . Any article or advertisement published here should not be considered to be an endorsement by The Administrator’s Advantage of the opinions expressed in the articles or of the products or services advertised . Contributing writers are asked to disclose affiliations or interests that may influence their writing positions . Anyone interested in contribut-ing an article or otherwise participating in the production of the newsletter is most welcome and should contact the editor .

© Copyright 2011 by The Greater Chicago Chapter of ALA International . All rights reserved . No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechani-cal, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the Association of Legal Administrators . Requests for permission to reprint any part of The Administrator’s Advantage should be directed to the Newsletter Editor or the Newsletter Committee .

ALA Mission Statement: The Association of Legal Administrators’ mission is to promote and enhance the competence and professionalism of all members of the legal management team; improve the quality of management in law firms and other legal service organizations; and represent professional legal management and managers to the legal community and to the community at large.

The

MINISTRATOR’SV A N T A G E


Business Partner Sponsors and AdvertisersAdvertisers Index: ABA Retirement Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Baker Tilly Virchow Krause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Beacon Hill Legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Bridges Court Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

CallOne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Canon Business Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Cintas Document Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Clarity Imaging Technologies, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

CMS Management Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Coffee Unlimited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Des Plaines Office Equipment Co . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Document Technologies, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Elk Grove Graphics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Equitrac Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Federal Record Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

FirmWise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Garvey’s Office Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Gregg Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Humanscale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

IKON/Ricoh Legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Iron Mountain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

IST Management Services, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Jones Lang LaSalle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Keno Kozie Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Lower Electric LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Meetrix Communications, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Merrill Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

M .G . Welbel & Associates, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Miller Bros . Engravers Co . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

National Office Furniture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Next Day Toner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Océ Business Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Omega Legal Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Pitney Bowes Legal Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Project Leadership Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Rentacrate a HiTouch Co . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Robert Half Legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Steelcase Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Swiss Post Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

The Classic Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

The Horton Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Tuttle Printing & Engraving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

UPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Warehouse Direct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Williams Lea, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Business Partner Sponsors

The Greater Chicago Chapter wishes to thank all of our sponsors for their generous contributions and support:

Platinum Sponsor: Next Day Toner

Gold Sponsors: Document Technologies, Inc . Iron Mountain UPS

Silver Sponsors: Call One IKON/Ricoh Legal Rentacrate a HiTouch Co .Warehouse Direct

Copper Sponsors: Des Plaines Office Equipment Co . Jones Lang LaSalle Pitney Bowes Legal Solutions Project Leadership AssociatesWilliams Lea, Inc .

Bronze Sponsors: ABA Retirement Funds Baker Tilly Virchow Krause Beacon Hill Legal Bridges Court Reporting Canon Business Solutions Cintas Document Management Clarity Imaging Technologies, Inc . CMS Management Solutions Coffee Unlimited Equitrac Corporation Federal Record Storage MDMC Garvey’s Office Products Gregg Communications Humanscale IST Management Services, Inc . Lower Electric LLCMeetrix Communications, Inc . Merrill Corporation M .G . Welbel & Associates Miller Bros . Engravers Co . National Office Furniture Océ Business Services Omega Legal Systems Robert Half Legal Steelcase Inc . Swiss Post Solutions The Classic Group The Horton Group

Tuttle Printing & Engraving

Website Sponsors: FirmWise Keno Kozie Associates Maverick Maven


Business Partner Sponsors and Advertisers Editor’s Cut

For more information contact: Ann Herringann.herring pb.com(312) 729-1420www.pb.com

Nanine SchwedaExecutive Director Foran Glennon Palandech Ponzi & Rudloff

As Legal Administrators, we deal with people issues every day. That twenty-eighty rule seems to ring true most of

the time. In other words, do you spend eighty percent of your dedicated human resources time with twenty percent of your total employees? Does that same attorney seem to be the one that always wants to complain or has ongoing, multiple issues?

Working with people presents the most challenging problems we encounter but it can also be the most rewarding. When we are able to turn a disciplinary process around and counsel an employee back from a potential termination, the feeling of success and achievement is unmatched.

It is hard to stay calm and not take it personally when an employee quits even after we have really gone to bat for him/her on several occasions. We care about those that work for us and with us. We try to be fair and consistent. Nonetheless, our efforts are not always appreciated. I like to manage by the adage that it is better to be respected than to be liked.

Wishing all the members of the Greater Chicago Chapter of ALA, Happy Holidays and an auspicious New Year!

Respect The Challenge


Board Members and Chapter Advisors

The Greater Chicago Chapter Board of Directors

President

Jena Neisler, CLM, Sedgwick LLP

jena .neisler@sdma .com

Vice President / President Elect / Region 3 Representative

Cinthia LeGrand, CLM, Epstein Becker & Green, P .C .

clegrand@ebglaw .com

Vice President Elect / Secretary

Deborah O’Donnell, Pattishall, McAuliffe, Newbury,

Hilliard & Geraldson LLP

dao@pattishall .com

Treasurer

James D . Beavers, Much Shelist Denenberg Ament and

Rubenstein, P .C .

jbeavers@muchshelist .com

Membership Director

Susan M . Gerovasil, CLM, Coplan & Crane, Ltd .

sgerovasil@coplancrane .com

Professional Development Director

Laura W . Thompson, Gould & Ratner LLP

lthompson@gouldratner .com

Newsletter Director

Nanine Schweda, Foran Glennon Palandech Ponzi & Rudloff, P .C .

nschweda@fgppr .com

Business Partner Relations Director

Karin Jackson, Ancel, Glink, Diamond, Bush,

DiCianni & Krafthefer, P .C .

kjackson@ancelglink .com

Communication/Website Director

Betsy Amaya Kopczynski, Howe & Hutton, Ltd .

bak@howehutton .com

Small Firm Director

Deborah A . Kuchta, CLM, Hinkhouse Williams Walsh LLP

dkuchta@hww-law .com

Mid-Size Firm Director

Patricia E . Wagner, Dykema Gossett, PLLC

pwagner@dykema .com

Large Firm Director

Patrick Johansen, CLM, Brinks Hofer Gilson & Lione

pjohansen@usebrinks .com

Survey Director

Benjamin C . Shames, Valorem Law Group

benjamin .shames@valoremlaw .com

CLM Director

Karen Hammersmith, CLM, Levin Ginsburg

khammersmith@lgattorneys .com

Community Relations Director

Sherry L . Gini, Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd .

sherry .gini@goldbergkohn .com

Past President / Historian

Carol McCallum, Roetzel & Andress

cmccallum@ralaw .com

Chapter Advisors

Finance Advisor

John T . Podbielski, Jr ., Ungaretti & Harris, LLP

jpodbielski@uhlaw .com

Human Resources Advisor

Gina Ciaccio, Perkins Coie

gciaccio@perkinscoie .com

Marketing Advisor

Deborah A . Guth, Henderson & Lyman

dguth@henderson-lyman .com

Facilities Advisor

Maureen T . Feltman, CLM, Brady, Connolly & Masuda, P .C .

mfeltman@bcm-law .com

Special Events Chair

Mark Bridgeman, CLM, Stahl Cowen Crowley Addis LLC

mbridgeman@stahlcowen .com


I’m Making A List, I’m Checking It Twice

As the year winds down and the holiday season arrives, our attention

tends to be focused on gift giving, holiday parties and family

celebrations. Many of us are making our list of who was “naughty and

who was nice” and considering how we should reward those in our lives

who were “nice.” We think of our spouses, our children, our parents,

and maybe those who teach our children and deliver our newspaper. As

President of the Greater Chicago Chapter, my thoughts are not so much

on the “naughty,” can’t really think of any of those, but on the “nice.”

My thoughts go to those Chapter members who have spent countless

hours volunteering to assist in various ways in order to meet the needs

of our Chapter members. I think of the Board members who have taken

on the responsibility of overseeing the educational sessions the Chapter

provides on a regular basis, those who have organized the networking

events and encouraged members to get to know each other better, those

who have sat down with Business Partners to build relationships and to

solicit sponsorships, and those who have put together events that will

involve the Chapter in giving back to the community.

When I think of all of the things the Chapter has accomplished this

year, I realize how much I appreciate the volunteers who gave up their

personal time after hours to pass out nametags or to keep score at the

games at our Fat Tuesday event. I think of those committee members

who show up to stuff bags to give to attendees at our conference, or

who arrive at 6:00 a.m. to greet our Business Partners. I think of the

hours spent by committee members researching venues and menus for

social events and Charitable Fundraisers. I also think of those individual

members who helped me personally by giving me referrals, ideas, advice

or just an ear. I am truly thankful for all of those who have worked

tirelessly to make the Greater Chicago Chapter what it is. I hope we

will all take a moment to reflect on all of those people in our lives who

are on our “nice” list, and take the time to personally thank them when

we have the opportunity. So from me to you, members of the Greater

Chicago Chapter, thank you for your dedication and support in 2011, and

Happy Holidays!

President’s Message

“My thoughts go to those Chapter members who have spent countless hours volunteering to assist in various ways in order to meet the needs of our Chapter members.”

Jena M. Neisler Director of Administration Sedgwick LLP


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Upcoming Events

January 17: 11:30-1:00 Bi-Monthly Meeting: Conflict Resolution n Standard Club, 320 South Plymouth Court

January 18: 1:00 – 2:00 Webinar: Selling Blue Elephants: Client Marketing, Retention and Loyalty Merlo Kanofsky & Gregg Ltd.n 208 South LaSalle Street, Suite 3200


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February 9: 5:30 – 9:30 Annual Casino Nightn Hotel Allegro, 171 West Randolph Street

February 16: Joint Meeting of Small and Midsize Firmsn Location TBA

February 22: 1:00 – 3:00 Webinar: Employee Handbooks for Law Firms – Careful Careful!n Levin Ginsburg, 180 North LaSalle Street, Suite 3200

February 23: 12:00 – 1:00 Brown Bag: Client Intaken Location TBA

March 20: 11:30 – 1:00 Bi-Monthlyn Standard Club, 320 South Plymouth Court

March 21: 1:00 – 2:00 Webinar: The Art of Active Listeningn Dykema Gossett, PLLC, 10 South Wacker Drive, Suite 2300


January 18, 2012Selling Blue Elephants: Client Marketing, Retention and Loyalty (LI)* February 22, 2012Employee HandbooksFor Law Firms – Careful, Careful! (HR)**

March 21, 2012The Art of Active Listening (CM)*

April 18, 2012The Role of Legal Administrators inLegal Project Management – UnprecedentedOpportunities & Current Challenges (LI)* May 16, 2012Safe Stress! (CM)* June 20, 2012Technology Management:The Good, the Bad and the Ugly (IT)**

July 18, 2012Change Leadership: A Boot Camp toDrive Organizational Change (OD)**

August 15, 2012Records Management: The Bermuda Triangle (LI)*

September 19, 2012Of Foxes, Hedgehogs and Law Firm Profitability (FM)*

October 17, 2012Marketing on a Shoestring Budget (LI)*

November 14, 2012 (2nd week of November)Dealing with Substance Abusein the Workplace (HR)*

2012 Schedule

* 60 minutes** 120 minutes

A New Year of ALA Webinars!

Mark the 3rd Wednesday of the monthon your calendar for ALA Webinars.

Learn more and register www.alanet.org/webinars

Great Ways to Save:

Yearly PassSave 20 percent off the ALA member price

by ordering all 11 Webinars in advance.Purchase before February 2012.

Coupon Bundle Save more than $150

by purchasing a bundleof five (5) coupons.

Each coupon is valid for any2012 live or archived Webinar.


Holiday Party Pix

Betsy Kopczynski, Scott Popp, Donna Patrylak

Ruth Schumacher, Diane Idukovich, and Jennifer Pogvara

Kathy Terborg, Collete Swiatkowski, Lou Schiller

Faith Futtrup, Raymond Heniff, Beverly Tsai

Caption

Tom Kosioskus, Deb O’Donnell, Jeff Bollman

Mark Bridgeman, Barb Javorcic


Welcome New Members

Mr. Samuel K. LimNetwork Systems TechStahl Cowen Crowley Addis, LLC55 W. Monroe StreetSuite 1200Chicago, IL 60603Tel: (312) 641-0060Fax: (312) 253-345330 [email protected]

Ms. Barbara Morse-QuinnChicago Office AdministratorMcDermott Will & Emery, LLP227 West Monroe StreetChicago, IL 60606Tel: (312) 372-2000Fax: (312) 984-7700280 [email protected] Rhonda Lopera, PHROffice ManagerLeydig Voit & Mayer, Ltd.180 N. StetsonSuite 4900Chicago, IL 60601Tel: (312) 616-5595Fax: (312) 616-570085 [email protected]

Curtis J. Ksenak, M.B.A.Director of AccountingThe Patterson Law Firm, LLC1 N. LaSalle Street#2100Chicago, IL 60602Tel: (312) 369-9957Fax: (312) 223-85498 [email protected]

The Greater Chicago Chapter wishes to welcome our new members:

Jackie PetrelliOffice AdministratorLaner, Muchin, Dombrow, Becker, Ltd.515 N. State StreetSuite 2800Chicago, IL 60654Tel: (312) 467-9800Fax: (312) 467-947941 [email protected]

Dennis TomaszewskiDirector of Human ResourcesBartlit Beck Herman Palenchar & Scott LLP54 W. Hubbard StreetChicago, IL 60654Tel: (312) 494-4400Fax: (312) 494-444070 [email protected]

Amy SimonsAdministratorOgletree Deakins155 N. Wacker DriveSuite 4300Chicago, IL 60606Tel: (312) 558-1220Fax: (312) 807-361930 [email protected]

Welcom

e


Employment Law

Hot Employment Law Issues In The Age OfSocial Media And Cyberspace

The use of social media in the workplace, including Facebook, blogs, and Twitter, is on the

rise and continues to raise concerns for employers and to garner the attention of the National Labor Relations Board (“NLRB”) and the Equal Employment Opportunity Commission (“EEOC”). As the New Year approaches, it is a good time for employers to take stock of their policies regarding employee use of social media and company-owned communications systems.

Employee Use Of Social MediaTo protect themselves in the face of a boom in the use of social media, employers should adopt policies to address employees’ participation in social media forums, including the type of confidential company information an employee may not disclose online, how employees must disclaim their statements on blogs if such statements could appear to be made on behalf of the company, and the use of social media during work time. In crafting or amending their social media rules, however, employers should be aware that certain prohibitions included in such a policy could run afoul of the National Labor Relations Act’s (“NLRA”) rules protecting employees’ rights to engage in “concerted activity for the purpose of collective bargaining or other mutual aid and protection.”

In particular, the NLRB has reviewed more than 100 cases involving social media, and while the results of those cases are mixed, it is clear that when employees use any of the many forums available in social media to garner support for their complaints about their workplace, they may be engaging in protected activity. Therefore, before taking any disciplinary action, employers faced with such use of social media by

their employees will need to examine whether the posting constitutes activity protected by the NLRA and whether the nature of the posting, including the pictures and language used, are so egregiously disloyal, reckless, or malicious that the posting has lost the protection of the NLRA. Specifically, employers should determine the following:

•Aretheemployeesinvolvedprotected by the NLRA? (“Supervisors and managerial employees,” as defined by the Board, are not protected.)•Doesthecontentoftheposting involve terms and conditions of employment (such as wages, hours, benefits, or working conditions) or supervisors?•Doesthepostinginvolveco-workers, such as soliciting their comments and/or support?

If the answer to all of these questions is “yes,” such postings

may well be protected activity under the NLRA and any discipline imposed for the positions taken may be subject to challenge before the Board.

Employee Use Of Company-Owned Communications Systems In Cyber SpaceIn light of the proliferation in employee use of online media, increasingly through company-issued mobile devices, employers should adopt and implement policies specifically addressing employee use of company-owned communication systems to access the internet. Such policies can prevent security breaches and ensure that employees are spending their working time productively. While specific provisions will vary from company to company, such a policy should normally include the following:

• Awrittenpolicy• Asignedacknowledgementform,including

consent to monitoring and access to stored communications


Employment Law

• Definitions,e.g.,socialmedia,confidentialand/or proprietary information, working time, Company-issued equipment/devices

• Fair,consistentmonitoringandenforcement• Thescopeofmonitoring,e.g.,viewing

Facebook profiles of existing employees, monitoring use of social media on Company-issued equipment/devices

• Possibledisciplinaryactions• Periodicredistribution• Enforcementtraining• Aclearprocessforreportingcomplaints/non-

compliance • Aclearcommunicationofthepolicy,including

prohibited activities

Employer Use Of Social Media In The Hiring ProcessEmployers should also take caution in their use of social media in the hiring process. Just as employees’ use of social media has grown, so has that of employers: recent surveys reflect the tremendous increase in the use of social media to perform pre-hire background checks on employees. A survey cited in The New York Times reported that 75 percent of recruiters research candidates online; 70 percent of recruiters report that they have rejected candidates on the basis of online information. Social media provides employers with access to a great deal of information not previously available to them, including information revealing a job candidate’s membership in a protected class. The EEOC has indicated that adverse employment decisions made on the basis of such information will be subject to the same rules as those traditionally applied under Title VII.

Employers should therefore set guidelines regarding their use of social media during the hiring process. The guidelines should make clear that recruiters should not search online for information that they could not seek on an application or in an interview, such as race, age, religion, disability, union support, or any other class or activity protected by law. Recognizing that online searches may inevitably produce such information, guidelines and procedures that exclude such information from the decision-making process should be put in place.

By: Michael F. McGahan, Susan Gross Sholinsky, and Viktoria Lovei, EpsteinBeckerGreen. EpsteinBeckerGreen represents management in all aspects of employment law. For further information about any of these issues, please contact Peter A. Steinmeyer, the Managing Shareholder of EpsteinBeckerGreen’s Chicago office ([email protected]/312-499-1417).

Ann EisenreichDivision Director | BH Legal111 W. Washington, Suite 1410 Chicago, IL 60602p 312.759.1500, ext 1220f 312.759.1555 [email protected]@beaconhillstaffing.com

www.beaconhillstaffing.com

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Feeling Over-Wellnessed?

Wellness

No need. It is possible to develop a simple, grass roots, and inexpensive focus on workplace health

and well-being that gets results. I know, because we did it.

Our initiative started with baby steps. We wanted to add a wellness program but had no budget approval. So, a few of us got together and came up with no-cost ideas. We switched to some healthier snacks in our snack machine, changed firm-supplied meals into healthier options, and also changed some of our social functions to be more health-oriented. We took advantage of Blue Cross’ then-available two free health seminars. We started paying for flu shots – even without a budget line item. The next year we asked for a budget of $7,500 and learned that one of our most frugal Principals said he would have given us twice that much because he believed in the value of such efforts. With our newly created budget, we developed amazing initiatives, including sponsoring a contest to design a logo for our wellness communications; setting up an email address from the Wellness Team; and launching a monthly newsletter on health and well being. Goodbye baby steps; hello foothold. We then energized more of our employees through regular communications. We held a healthy bake-off which replaced our previous holiday sweets bake-off. We co-sponsored a Weight Watchers session by paying for 50 percent of the cost if individuals attended 75 percent of the sessions. Our folks collectively lost over 600 pounds. They asked for even more healthy choices in the snack machines. They got them. Additionally, they added a “points” chart to the machine and started a whole new vocabulary in the Firm.

We added filters to our water machines and offered more drink options, such as teas and juices instead of just soda and coffee. One of our staff members developed a Walking Challenge for the Firm. We bought pedometers (get the good ones – we learned the hard way!), added our logo to them and then asked everyone to report their daily steps. Tallies poured in and collectively we walked over 7 million

steps in one month. Five months later and to shake the winter sluggishness, we held a March Madness bracket challenge and created teams of participants who “played” each other each week by tallying number of activity hours. Nothing like a little competition in a law firm with a reward of bragging rights to get the

trash talk going—and the lawyers participating! We obtained a discounted corporate membership at the fitness center in our building, which was completely paid for by the individuals who attended. One perk was a free health seminar each month. We offered cholesterol testing, blood pressure screening, massages, workplace stretching, nutrition, exercise tips and a running clinic that we tied into participation in Race Judicata. Feeling emboldened, we wrote a memo about our experiences and accomplishments, which our healthcare broker utilized in our health insurance premium rate negotiation. And while the carrier wouldn’t identify the specific rate reduction, they did state that it was between 0.5 percent and 1.0 percent. This savings was greater than the money spent for the various efforts. More importantly, though, our employees consider us a friendlier and more caring


place to work. Many of them thought this before, but now they openly talk about it, which is a direct result of our wellness focus. We know for sure we have more “presenteeism.” We also have individuals informally supporting one another’s workout efforts. So this year we are off and running by exploring biometric screenings and collection by a third party of health data to identify health issues within our

Wellness

Michelle Schadler is the Chief Operating Officer at Chuhak & Tecson, P.C. She has over 15 years

of financial, managerial and operational experience in professional services firms with 10 of

those being in the legal industry. Her passion lies in bringing new ideas to fruition, coaching and

developing others, and making valued contributions to improve culture and the “bottom line.” She

holds a B.S. and M.A. in Economics and is a Certified Public Accountant. She serves on the board of

Volunteers of America of Illinois, an organization dedicated to providing human service programs

to those most in need including foster children, low-income elderly, people with disabilities, and

homeless veterans.

collective population, which will enable us to steer our education toward those issues. This will be a further attempt to impact the “trend curve” of our collective health. However, in the meantime, the grassroots engine is full-steam ahead with our folks just having walked over 8 million steps this past month and gearing up for a Wii Fitness contest in February.

SAVE THE DATES!April 22-26, 2012Hawaii Convention Center, Hilton Hawaiian VillageHONOLULU, HAWAII

• Pre-eminent education

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• See the latest in legal management products/services at the Exposition

EARLY BIRD REGISTRATION NOW AVAILABLE! REGISTER BY FEBRUARY 6, 2012 AND SAVE! www.alanet.org/conf

Ignite your futureRenew your spirit


San

dra

Agu

irreMember Spotlight

My Name is: Sandra Aguirre

I work for: Leahy, Eisenberg & Fraenkel, Ltd.

The firm’s practice is: Insurance Defense

My title is: Firm Administrator

Before becoming an administrator, I was: a Paralegal, a law student, and a Law Clerk; only two roles at a time though.

I entered the field of legal administration because: I was invited to help manage a firm owned by people I respect and admire. Simply, I “fit” and I felt challenged and appreciated.

I have been working in the legal field for: 12 years

I have a degree in: Politics major/Art History minor, B.A. from Mount Holyoke College, MA

I joined ALA because: I sought the guidance and camaraderie of peers.

To be successful in legal administration: one must be motivated, resilient, and confident.

The thing I like best about being a legal administrator: the ever-shifting plate of responsibilities and projects. I love the adrenaline rush of juggling.

One of the challenges of being in legal administration is: negotiating the power dynamics inherent in the organizational structure of a law firm.

The best advice I’ve received is: Don’t worry. The work will still be here. Go home.

The best advice I would give to someone just entering the legal management field is: Not everyone will like you or pretend to like you. Just try to let it go and aim for mutual respect.

I try to motivate my staff by: listening to them and soliciting feedback from their assignments.

Three things that I do well are: perform well under pressure, keep confidences, and empathize.

If I weren’t a legal administrator, I would be: a political analyst or art journal editor.

I recommend membership in ALA to others: who are seeking to expand their knowledge base or want a peer group to share ideas and help trouble-shoot.

The last good book I read was: Boss: Mike Royko’s classic investigative piece on Richard J. Daley.

The last good movie I saw was: Knife In the Water by Roman Polanski

The last vacation I took was: weekend camping in Northeast Wisconsin in late September. We kayaked and had fun despite the cold rain.

The one appointment that I never miss is: a massage.

In my free time, I: watch independent films, continue learning to sail, and enjoy trying new bars and restaurants with my partner and/or friends.


Workshop Recap

Build Your Own Policy Manual

Helping to make your workday feel more like a vacation day.

Canon is a registered trademark of Canon Inc. in the United States. All other referenced product names and marks are trademarks of their respective owners and are hereby acknowledged. © 2010 Canon Business Solutions, Inc. All rights reserved.

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Canon Business Solutions can help you simplify the everyday processes at your law firm to help make your tedious tasks less tedious. From customized, automated document indexing and cost accounting to bates stamping, litigation imaging, and the new imageRUNNER ADVANCE, we can streamline your document management process to help lower costs and reduce hassle. Not to mention, we can work with you to minimize the support you need through on-site or remote business services.

All that said, there’s a reason why we are the trusted document workflow solutions provider for many of the country’s top law firms. To learn more about Canon Business Solutions and our premier program for ALA members call 1.800.815.4000 or visit www.solutions.canon.com today.

10-102_3.5x4.75_ALA_Color_AD.indd 1 4/20/10 12:40 PM

Our second in a series of special Build Your Own Policy Manual workshops took place on November 1 at the offices of Ungaretti & Harris. At this workshop, participants reviewed and discussed the following segments of a policy manual:

• TheFamilyandMedicalLeaveActof1993• CodeofPersonalandProfessionalConduct• AbsenceandTardiness• FamilyResponsibilitiesDiscrimination

The workshops combine a review of current policies in place at members’ firms, discussion of best practices, and practical examples (in addition to unbelievable stories of policy violations!) from our members. Participants have found the workshops to be very helpful – both those who are crafting their

firms’ first-ever policy manuals and those members who are reviewing and updating their current manuals.

The next workshop, to be held on January 10, 4:15-5:30 p.m. at Ungaretti & Harris, will delve exclusively into one topic – Sexual Harassment policies. We have arranged for a guest speaker: Gina Calabro, a Labor & Employment partner with Ungaretti & Harris, will offer a presentation on the topic and be available for a question and answer session. Participants will then break up into small groups to discuss sexual harassment policies further. We hope you can join us!

By Laura W. Thompson Office Administrator Gould & Ratner LLP


Legal Levity

Holiday Trivia

1. What love story was the #1 best-

seller Christmas week 1970?

2. In the movie Home Alone 2,

what kind of store do Marv and

Harry rob?

3. Who co-wrote and sang “Here

Comes Santa Claus” with Oakley

Haldeman?

4. What was Grandma drinking

when she got run over by a

reindeer?

5. What country serves oplatki during Christmas Eve dinner:

Poland or Greece?

6. In “Winter Wonderland” if the bluebird’s gone away, who

is here to stay?

7. What color sash does Scarlet give Ashley for Christmas in

Gone With the Wind: red or gold?

8. How much did it cost to send a Christmas card within the

same city early in the Victorian era?

9. What author with a romantic first name wrote the novel

Miracle on 34th Street?

10. Just as Charlie Brown received rocks for Halloween,

what embarrassment did he suffer in A Charlie Brown

Christmas?

11. Kissing under the mistletoe is a tradition that was revived

by the English or the French?

12. In Frosty the Snowman, what magic phrase is the name of

the magician’s rabbit?

13. What beer was known for its commercials featuring

Clydesdales and sleigh rides?

14. What waltz closes Act 1 of The Nutcracker?

15. Born on New Year’s Eve, 1948, this leggy singer worked

hard for her money.

16. What was Edison General Electric Co. the first to produce?

17. Soon after this carol for peace, “It Came Upon a Midnight

Clear,” was written, what nineteenth-century American war

broke out?

18. What Supremes song did Mary Steenburgen sing in One

Magic Christmas?

19. Who serenaded George and Mary on their wedding night

in “It’s a Wonderful Life?”

20. Mamie was the name of the housekeeper in what holiday

classic?

1. Love Story 2. Toy Store 3. Gene Autry 4. Eggnog 5. Poland 6. The new bird 7. Gold 8. Nothing 9.Valentine Davies 10. He receives no Christmas cards 11. English 12. Hocus Pocus 13. Budweiser 14. The Waltz of the Snowflakes 15.Donna Summer 16. Electric tree lights 17. Civil War 18. Stop in the Name of Love 19. Bert and Ernie 20. Holiday Inn

Solution on page 29


Legal Levity

FROM: Pat Lewis, Human Resources Director TO: Everyone RE: Christmas Party DATE: December 1

I’m happy to inform you that the company Christmas Party will take place December 23, starting at noon in the banquet room at Luigi’s Open Pit Barbecue. No-host bar, but plenty of eggnog! We’ll have a small band playing traditional carols . . . feel free to sing along. And don’t be surprised if our CEO shows up dressed as Santa Claus!

FROM: Pat Lewis, Human Resources Director TO: Everyone DATE: December 2 RE: Christmas Party In no way was yesterday’s memo intended to exclude our Jewish employees. We recognize that Chanukah is an important holiday that often coincides with Christmas, though unfortunately not this year. However, from now on we’re calling it our “Holiday Party.” The same policy applies to employees who are celebrating Kwanzaa at this time. Happy now?

FROM: Pat Lewis, Human Resources Director TO: Everyone DATE: December 3 RE: Holiday Party

Regarding the note I received from a member of Alcoholics Anonymous requesting a non-drinking table . . . you didn’t sign your name. I’m happy to accommodate this request, but if I put a sign on a table that reads, “AA Only”, you wouldn’t be anonymous anymore. How am I supposed to handle this? Somebody?


What a diverse company we are! I had no idea that December 20 begins the Muslim holy month of Ramadan, which forbids eating, and drinking during daylight hours. There goes the party! Seriously, we can appreciate how a luncheon this time of year does not accommodate our Muslim employees’ beliefs. Perhaps Luigi’s can hold off on serving your meal until the end of the party-the days are so short this time of year-or else package everything for take-home in little foil swans. Will that work?

Meanwhile, I’ve arranged for members of Overeaters Anonymous to sit farthest from the dessert buffet and pregnant women will get the table closest to the rest rooms. Did I miss anything?


So December 22 marks the Winter Solstice -- what do you expect me to do, a tap-dance on your heads? Fire regulations at Luigi’s prohibit the burning of sage by our “earth-based Goddess-worshipping” employees, but we’ll try to accommodate your shamanic drumming circle during the band’s breaks. Okay???

FROM: Pat Lewis, Human Resources Director TO: Everyone Date: December 9 RE: Holiday Party

People, people, nothing sinister was intended by having our CEO dress up like Santa Claus! Even if the anagram of “Santa” does happen to be “Satan,” there is no evil connotation to our own “little man in a red suit.” It’s a tradition, folks, like sugar shock at Halloween or family feuds over the Thanksgiving turkey or broken hearts on Valentine’s Day. Could we lighten up?


Vegetarians!?!?!? I’ve had it with you people!!! We’re going to keep this party at Luigi’s Open Pit Barbecue whether you like it or not, so you can sit quietly at the table furthest from the “grill of death,” as you so quaintly put it, and you’ll get your #$%^&!*# salad bar, including hydroponic tomatoes... but you know, they have feelings, too. Tomatoes scream when you slice them. I’ve heard them scream, I’m hearing them scream right now!

FROM: Teri Bishops, Acting Human Resources Director TO: Everyone DATE: December 14 RE: Pat Lewis and Holiday Party

I’m sure I speak for all of us in wishing Pat Lewis a speedy recovery from her stress-related illness and I’ll continue to forward your cards to her at the sanitarium. In the meantime, management has decided to cancel our Holiday Party and give everyone the afternoon of the 23rd off.


Community Challenge Recap

This year the ALA Greater Chicago Chapter partnered with Jobs For Youth for its 2011 Community

Challenge Event. Chosen by Community Relations Committee members Georganne Binnie, Sherry Gini, Cathy Guimond, Anne Jewell, Kathy Terborg, Molly O’Gara, and Sally Wirt for its good work in the community, Jobs For Youth seeks to help young men and women from low-income families become a part of the economic mainstream; and, in the process, to provide the business community with motivated, job-ready workers. JFY achieves this goal by offering core programs in pre-employment training, job placement, GED instruction, and supportive services.

Twenty ALA members and seven ALA business partners volunteered for the community challenge event, participating in mock interviews and providing resume coaching to nearly forty JFY clients – mostly disadvantaged youth from poor neighborhoods in Chicago and the surrounding suburbs. The volunteers conducted sixty-minute mock interviews with the clients, critiqued their resumes, and gave advice on everything from spelling and grammar and appropriate dress, to how best to answer questions and how to sit properly in an interview.

Emily Drake, Director of Partnerships at Jobs for Youth, was thrilled about partnering with ALA. “Jobs for Youth’s partnership with ALA has been nothing short of amazing. Thanks to Sherry Gini (and her committee) we were able to involve highly-qualified and tremendously motivated volunteers in our day-to-day operations. Volunteers served as Resume Coaches and Mock Interviewers, having one-on-one interaction with nearly forty clients over the course of two months.” Ms. Drake was not the only one

who was impressed with the ALA volunteers and the wealth of information and advice they were able to bring to the table. She explained: “After the encounter with ALA volunteers, our clients regularly mentioned how professional and helpful each volunteer was, particularly with being so detailed in how a client could improve their responses to interview questions or the bullets on their

resume. For many of our clients, JFY provides their first interaction with the business world. It’s always nice to have that interaction be a positive one, with a friendly face and an extensive background to pull from to help our young people prepare for the realities of looking for a job. ALA volunteers went above and beyond this expectation and we’re so excited to continue

the relationship moving forward.”

All volunteers were required to participate in a 45-minute orientation phone conference, and were given a list of suggested questions to ask and topics to cover during their interviews. They were asked especially to watch and provide feedback on professional appearance, self expression and body language, work history, education, skills and strengths, and weaknesses. Each volunteer then spent a lunch hour either interviewing and critiquing two potential young candidates or reviewing and critiquing their resumes. They finished up their session by filling out evaluation forms on the candidates. JFY notes that the impact volunteers have on the candidates is “immeasurable,” pointing out that “volunteers often keep in touch with the young adults they work with.”

But the candidates are not the only ones who benefitted from the experience. ALA member and volunteer Carol Restivo of Much Shelist described the Jobs for Youth

program as “amazing and awesome.” As Carol explained, “I was so pleased to be introduced to the program through the ALA, to seize the opportunity, and to be rewarded by the experience. The program is well organized so all the volunteers had to do was show up and be prepared to help. So many rewarding experiences are about the people, and this is all about the youths involved in the program. They are eager, willing, interested, involved, motivated, and curious. I helped two students enhance their resumes, correct spelling and grammatical errors, and clarify and expand their thoughts.

Jobs For Youth


The experience was another reminder about the obstacles some youths have and their tenacity and self-motivation to overcome them. The students were so appreciative, too. Making a small difference is the beginning!”

Fellow volunteer Susan Suchy of Morgan, Lewis & Bockius LLP echoed Restivo’s sentiments. “Volunteering for the Jobs For Youth program was very rewarding this past October. I was unfamiliar with the program – but soon learned all of the incredible magic worked by the JFY staff. Working with younger people who are eager to learn, work hard and seek full time employment - the JFY staff guides the participants through the resume writing and mock interview process. Assisting with the interview process was fun for me (and honestly, a bit scary!) I interviewed two young people who were looking for entry level retail positions. Even though they had limited work experience – they were able to clearly articulate their strengths, motivation and desire for the positions being discussed. They were also able to present real world examples of how they solved problems or provided excellent customer service in a challenging environment. These candidates were well trained and ready to face the real world! Thanks to ALA for coordinating this rewarding (and educational) volunteer opportunity”!

ALA Business Partner Ann Eisenreich of Beacon Hill Legal also found this Community Challenge Event to be very rewarding and praised the work they do at JFY. “Without direction, young adults can easily walk away from the challenge of pursuing a career. Jobs for Youth is doing a great thing by providing that direction, motivating their students, and offering many programs that will help them in succeeding, such as the resume writing and interviewing class. Inviting industry professionals to participate in these programs by volunteering gives the students that much more of an edge. Volunteering at Jobs for Youth truly proved to be one of the most well spent lunch hours I can recall. Having the opportunity to help someone succeed both personally and professionally was truly rewarding. The staff

members I met were extremely helpful and very upbeat and I could tell that the students were excited about the program. They were prepared for their meeting with us, and they had a clearly defined plan for success laid out in front of them. They’re doing a great thing at Jobs for Youth and I was glad to be a part of it!”

Business Partner Paul Shaheen of The Horton Group, Inc. who conducted mock interviews with two young men, also praised the program. “It was a very meaningful experience, especially in that the kids I spoke with seemed genuinely interested in the process and were extremely engaging. They were as interested in me (post interview) as I was in them. And it helped me think on my feet, and to ask good questions. I am eager to get involved more in the future.” John Helm of HiTouch Business Services also found a sense of satisfaction in the experience. “Volunteering at Jobs For Youth gave me the opportunity to impact their futures and also provided personal satisfaction. I worked with the students one-on-one in developing their resume by providing constructive feedback and to help them successfully learn how to create a resume. Helping others in need is such an important part of the American way of life and the students seemed extremely appreciative and motivated by the experience.”

Kevin Garvey of Garvey Office Supplies reflected on the value of the Jobs For Youth Program in today’s economy. “I have tremendous respect for the work done by the Jobs For Youth organization. Training disadvantaged young people to be ready for the challenges and expectations of the working world is more important than ever. With unemployment over 9% a young person’s resume and interview skills need to be sharp to obtain his/her first job. Over a lunch hour early in October I conducted mock interviews with two young adults. They both seemed poised and attentive, but neither were quite ready for the real thing. I shared my thoughts on the evaluation form provided. With the feedback that myself and my fellow volunteers provided, the counselors at JFY will continue to hone the skills of all the students participating in the program. I am certain that by the time they graduate, they will be able to find meaningful work. It was a very rewarding experience that I will definitely do again sometime in the future.”

Kathy Diebold of IST Management Services, Inc. volunteered for the program as well. “I had an exceptional



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experience with the Jobs For Youth program. I found it to be both fulfilling and informational. Through the interview process I had an opportunity to learn about a terrific young man and young lady. They shared their interests, goals and reasons why JFY was so significant to them. Furthermore I was able to lend my experience of being in a professional environment, past interviews, and the importance of short and long term goals. They asked great questions and were ready to interview for their desired positions because JFY had prepared them with the knowledge and experience needed to interview and obtain a job. I actually had one of the gentlemen I interviewed send a very professional and polite email to me asking if I would be a reference for him. It made me smile to know that in some small way I was able

to touch his life for the better.”

The ALA Greater Chicago Chapter participates each fall in the ALA Community Challenge Program. This year the following chapter members volunteered for the Jobs For Youth Event:Jim Beavers, Mark Bridgeman, Sylvia Boyd-Taylor, Patsy Carey, Colleen Cheraitia, Cathy Guimond, Karen Hammersmith, Angela Hickey, Michelle Joseph, Randi Kohn, Cinthia LeGrand, Elaine McNally, Sally Mendoza, Jena Neisler, Deb O’Donnell, Molly O’Gara, Carol Restivo, Susan Suchy, Fred Weber, and Drema Woldman.

The following business partners participated as well, making the 2011 Community Challenge Event a true partnership between the ALA Greater Chicago Chapter and its Business Partners:Anna Casenas, Kathy Diebold, Ann Eisenreich, Kevin Garvey, John Helm, Paul Shaheen, and Angel Weiss.

By: Sherry L. Gini Director of Human Resources Goldberg Kohn Bell Black Rosenbloom Moritz, Ltd.And Jane Klenck Firm Administrator Varga Berger Ledsky Hayes & Casey, PC



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I work for: LowerElectric,LLC

The company’s product or service is: Utility Consulting for Electric and Natural Gas

The company has: about 16 people

My Title is: Co/owner

Before becoming a vendor to the legal market, I was: Futures Trader

I entered the legal market because: I wanted the great education

I have a degree in: CPA, JD

I support ALA because: I want to be able to give back to the legal community

To be successful in the legal market, one has to: have the ability to think outside of the box

The thing I like best about being a vendor to the legal market is: We can truly educate and help our clients save money on their utilities at no cost to them

The best advice I have received is: never give up if you truly believe in something

The best advice I would give to someone just entering the legal market is: just because everyone says there are so many lawyers, who will hire you, don’t give up if you know what you want to do and are willing to do whatever it takes to get to your goals

I try to motivate myself and/or my staff by: the power of positive thinking and always looking at the glass half full

Three things I do well are: 1)get along well with people 2) can ascertain what a client needs and try to do whatever I can to give that client what they need

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Puzzle Solution from page 24


Conference Recap

If you missed this year’s conference, you really missed a lot. The Greater Chicago Chapter’s bi-

annual conference was jam packed with motivational and educational sessions, unlimited networking opportunities, plenty of business partner interaction, excellent food and wonderful prizes.

It takes months of planning to put together a successful event and this was no exception. The conference committee began almost a year ago with meetings, conference calls and a zillion emails. It was necessary to select the venue, plan the educational track, recruit speakers, negotiate speaker fees, co-ordinate with sponsors and business partners to fill the expo hall, arrange for signage and design the conference brochure.

Many of the committee members met on-site the evening before the conference to prepare for registration, stuff the tote bags, tweak the final agenda and oversee the layout of the rooms. It is a very good thing they did because the expo hall was set up classroom style. After having half of the chairs removed and all of the tables replaced, several committee members rearranged every table in the hall. Once everyone was satisfied that the layout would work, it was on to Shula’s for a scrumptious dinner and some refreshing cocktails. The committee was joined for dinner by Karen Griggs (ALA President) and some of the other out of town attendees – Julie Hill, CLM; Debbie Elsbury, CLM; Donna Sobkoviak, and Roz Hazzard. Not only did they travel from other states to attend the conference, they joined us in the “war room” to help with pre-conference preparations. Very early in the morning on the day of the conference, the committee met in the ALA office to place signage, set up registration, prize drawings, and breakout rooms; and take care of the many other details. Once the first business partners arrived to set up their displays, there was no turning back. It is amazing how quickly a quiet, empty room can change. The rest of the day went off without a hitch – at least without any hitches that were obvious to the mere mortals in attendance. But rest assured, the committee members made a list of “things to watch out for or do differently next time” so as to make the next conference committee’s job easier.

We must say thank you to all of the people responsible for the success of the 2011 Greater Chicago Chapter Educational Conference & Expo: The Conference Committee – Mark Bridgeman, CLM; Jena Neisler, CLM; Cinthia LeGrand, CLM; Deb O’Donnell; Karin Jackson; Laura Thompson; Susan Gerovasil, CLM; Gina Ciaccio; Barbara Javorcic, CPA; Diane Brummel; Ann Eisenreich; John Helm; and yours truly. This committee spent hours working diligently to make this conference one of the best. Chapter Sponsors and Business Partners – we could not do this without their support – and their generosity never fails to amaze us.Speakers – Jonathan Michael Bowman, J.D.; Karen Griggs, CLM; John Holthaus; Adriana Linares; Patricia Mehler; Bob Miller, CLM; Patty Perez; Ira Smith; Fred Weber; Bruce Weisseg; and Steve Wingert, CLM. Their excellent presentations met the needs of many of our members.

Session Managers and Registration Desk Volunteers – Lori Duff, PHR; Dotty Keenan, Anne Jewell; Jane Klenck; Sally Mendoza, CLM; Darlene Phillips; Bob Karnia; Joanne Buttimer; Georganne Binnie; Laura Chorvat, Marie Coffee; Therese Brandstatter; Cathy Guimond; Bill Donehoo, CLM; Patsy Carey; Drema Woldman; Barb Javorcic; Laura Thompson; Colette Hazard; Jackie Quillinan; and Kathy Terborg.

Sheraton Hotel and Towers for their help with all the on-site details, especially Elizabeth Frazier.

And most importantly – the attendees who came from near and far to take advantage of the educational sessions and networking.

If you missed this conference – please make a note to self now and mark your calendar for 2013 so you don’t miss the next one!!

By: Carol A. McCallum, CLM Office Administrator Roetzel & Andress

2011 Educational Conference & Expo Recap


Conference Recap


Evaluations

The Dreaded Performance ReviewAs the year end approaches (or maybe it is early

January), it is time for the dreaded “talk”. You know, the one in which you talk with your staff members about how the last year went and (if you’re lucky) how much of a raise they might be getting. Are beads of sweat popping out on your forehead yet?

It doesn’t have to be that way. The performance evaluation talk can be a positive experience, for both you and your staff members. It can be used to set the stage for improved performance in the next year. And here are some tips to consider.

The first thing to remember about performance evaluation meetings is that there should not be any surprises, other than the exact amount of any salary change. If there was an issue with someone’s performance in February, she/he should not just be learning about it at this meeting. Serious performance issues need to be discussed when they occur, not six or nine months later when memories are hazy and there is not much that can be done to fix the problem.

That said, let’s start by looking at some things to avoid saying in performance evaluations. While you might want to say something like “She sets low personal standards and then consistently fails to achieve them” you really don’t want to do that. That may be a real statement from someone’s review (or it might be an urban legend), but the key is that we want meaningful performance reviews that we can act upon, if action is necessary, not just statements that make us feel better (and demean the subject of the review).

Here are some guidelines to use in writing your reviews. Whatever format you use, whether a series of check boxes that rate people in categories or a purely narrative form that allows for comments on a range of behaviors, you want to make sure you are covered on the following areas:

Be specificRather than “needs to work harder” or “improve quality” we need to make more specific

recommendations. It is easier to respond to measurable

goals than vague ones. “Ms. Smith arrived late 37 times during the review period, which limited her productivity and availability for her team” makes the point about timeliness and opens up the possibility

of a discussion about standards and performance against them.

You will also notice the phrasing “Ms. Smith…”, your performance reviews are formal documents, which become part of your employee’s records. Referring to “Susie” sets a tone of informality that really does not belong. Especially if you are providing constructive criticism, you want to make formal statements.

Be realisticIf you set unrealistic or impossible goals and standards, no one will have an incentive to do their best, as no one will be able to achieve the goals. Saying “errors will not be tolerated” isn’t helpful, but working with people on how to respond to errors is. You need to acknowledge performance, and at the same time be realistic about what performance means. I used to tell my office services staff that a one


Evaluations

in 10,000 error rate is not bad, unless you happen to be that one. Mistakes will happen but what is really important is how people recover from mistakes – do they own the problem or do they try to pretend nothing happened. One response is something to talk about positively, while the other is cause for concern.

Be honestIf you avoid discussing a performance problem, it does not go away. And then if you want to say, “this person should go away,” you have a bigger problem. It is very difficult to defend a negative employment decision, either with the EEOC or in court when all you have are glowing evaluations that do not happen to reflect the truth. And it is not just your evaluations that you have to be careful about, but any others that are written in your firm. I once had a partner write a glowing review about a staff member that he had complained about all year. When I asked why, he said simply, “Let them hate you, not me.” Unfortunately, you must have honest feedback from people. The behaviors you do not like will never change if you ignore the problem.

Be completeA wiser person than me once wrote: “Write your evaluation so that an outsider reading it would be able to understand exactly what happened and why. Remember, the evaluation just might become evidence in a lawsuit. If it does, you will want the judge and jury to see why you rated the employee as you did.” That seems pretty clear. And since all too often the results of our employment decisions end up being reviewed by outsiders, be they our own labor counsel or the staff of a governmental agency, you want to make sure you can support your subsequent actions.

Evaluate performance, not personalityFocus on how well (or poorly) the employee does the job, not the employee’s personal characteristics or traits. Just saying the employee has “a poor attitude” does not help, but saying the employee’s attitude has the following impacts (which you then delineate) does. I once had a situation with a staff member who was just not a nice person. He was mean to colleagues, and many people were afraid of him. But he was really good at his job. We had a series of meetings in which we said that he needed to change his behavior. At the last, we were prepared to tell him that his job was ending, and he agreed to get counseling to help with the issues. He managed to turn his life around (at least the part we knew about) and the complaints stopped. I truly believe the situation would not have changed if we had not had the confrontation, which was done in a positive way to reinforce his job performance.

During the review process, the trepidation and anxiety caused by facing a difficult evaluation process is certainly understandable. But informing an employee of his/her areas of performance that need improvement in a respectful and specific manner is one of our strongest management tools and enables us to ensure that your firm gets the service it requires and needs from its staff. Just focus on using them to improve staff performance, and you will see some very positive results.

Charles Gurian, CLM is the Chief Human Resources Officer for Brinks Hofer Gilson & Lione. During his over 20 years of law firm experience he has been a firm administrator, branch office manager and has served in a number of senior human resources roles. Prior to his time in law firms he worked as a management consultant specializing in process improvement for over 10 years. He holds a B.A. in economics from American University, a Masters in City Planning from Harvard University and an M.B.A. from the University of Chicago.


Community Challenge

The Association of Legal Administrators encourages its members to actively engage in helping their

community every year by working with a charitable organization to benefit those less fortunate. This year, the Greater Chicago Chapter decided to partner with Jobs for Youth (JFY). This initiative would challenge us to leave an indelible footprint on the disadvantaged youth who live in Chicago’s “inner city”. These young adults live and go to school in the shadows of one of America’s most prestigious business districts.

Our challenge to colleagues across Chicagoland was “You can help change a life over your lunch hour” if you join us as we partner with Jobs For Youth. JFY is Chicago’s largest non-profit organization devoted exclusively to helping young people find employment and to assist local companies meet hiring needs. It offers work readiness/life skills training, GED classes, career counseling and job placement services to youth between the ages of 17 and 24. Its services and programs are available free to both employers and youth. It has been extremely effective in placing Chicago’s youth, boasting a roster of 600 Chicago-area employers and landing 50% of its youth to employment within 59 days of completing their workshop. Impressive.

The ALA mission is people – purpose – passion. Pathways to Success. We identified closely with the mission of Jobs for Youth by making a commitment to a group of young men and women from low-income families to assist them in becoming a part of the economic mainstream and, in the process, provide the business community with motivated job-ready workers.

Our task was to establish a recognizable link between learning skills, applying those skills, and creating new, better opportunities for themselves. We tried to instill a level of excellence in the students that they may not receive from parents and/or other adult caregivers. We hope we made a lasting impression on this impressionable group of young adults.

By partnering with JFY, both participating Chapter members and business partners were able to work with disadvantaged youth to generate a sense of renewal and excitement. I’m not sure who was more excited about this opportunity – the kids or us!

We warmly reminded them of the importance of the old adage, “You only have one chance to make a good

first impression” and made sure they understood that it’s never too late to take advantage of our advice. Happily, the universal conclusion was that several lives were changed over a lunch hour each day we worked with JFY!

By: Georganne Binnie Administrator Shefsky & Froelich Ltd.

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The ALA Brown Bag lunch “Cloud Computing …. Is the Cloud Right for You?” was held on October

13, 2011 and was presented by Tom Petrou of Project Leadership Associates. The presentation explained what the buzz is about Cloud Computing and how law firms can benefit.

But what is the “Cloud”? The easiest way to think of cloud computing is everyone within a specific group accesses and uses applications but the files, attachments, and the applications are stored elsewhere. Cloud computing can offer your firm flexibility, mobility and has the potential to save money on lower cost of ownership and reduced data storage costs.

One of the first decisions is whether you should choose public or private clouds. A private cloud allows firms to put their applications on the servers of a Cloud Solution Provider, but this option is usually more expensive. A public cloud allows firms to place applications on a shared solution at a Cloud Service Provider. The advantages of a public cloud are lower costs, ease of use, and minimal capital investment.

Before committing to a specific type of cloud, your firm needs to consider the legal, risk and operational issues. The key legal considerations are eDiscovery,

compliance, and data retention. Make sure your firm knows where your data is located because governing laws can vary depending on location. Your firm needs to gain a complete understanding of what to do if information becomes public or applications are corrupted. Security protocols need to be established to make sure data is not compromised. Similar to file retention, a written policy is needed on electronic retention. It is critical that your firm has business interruption insurance including provisions that cover the event of an outage, an attack by a hacker or a loss of data.

Tom Petrou pointed out in his presentation, The Question Is, Not If ... But When is the Cloud Right for You? Cloud computing is based on business decisions first, being prepared and looking at the legal considerations.

We wish to thank Project Leadership Associates, a Copper Sponsor of our Chapter, for their continued support of Greater Chicago ALA and as the sponsor of our Brown Bag for October.

By: Maureen T. Feltman Business Manager Brady, Connolly & Masuda, P.C.

Brown Bag Recap

Cloud Computing. . . Is the Cloud Right for You?


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Healthcare

Update on Healthcare Reform: The Year in Review

As the proverb goes: “May you live in interesting times.”

When it comes to health care reform, the times are most interesting indeed, but in truth, the most interesting times are yet to come. For all that transpired in 2011, perhaps the most significant and far reaching development was the US Supreme Court’s recent decision to take up the issue of health care reform and address the many legal challenges to the law that have arisen since its passage by the federal government in March of 2010. The central question before the Court: is the provision in the law requiring EVERYONE to obtain health insurance constitutional? This is arguably the law’s most polarizing tenet, and in essence, the Court will try its best to determine if the federal government can require its citizens to enter into a contract with a company to buy something. It will be a fascinating study of both constitution and commerce, and a decision that could be one of the Court’s most significant in years. We’ll take a deeper look at the Supreme Court and its review of health care reform in a moment, but first, here’s a look at some other trends and changes that occurred since 2011’s start: A CLASS Act no more: One provision of the 2010 Affordable Care Act created a national voluntary insurance plan for purchasing long term care insurance and/or ‘Community Living Assistance Services and Supports’ (CLASS). Intended to kick in by October 2012, the law would have allowed employees to obtain, via payroll

deduction, long term care benefits so long as they had paid premiums into the plan for at least five years. The actual benefits themselves would have been based on one’s degree of disability or long term care need, and would have averaged no less than $50 per day. Aside from congressional moves to repeal the plan, President Obama and his administration opted to put the plan on indefinite hold mostly due to cost. Despite the plan being supported by employee paid contributions, the White House concluded it couldn’t

find a way to make the program solvent. That said, the CLASS Act has certainly raised the discussion point about our ever aging population and the growing need for long term care, a benefit that can be offered via payroll deduction to your employees and has many flavors and product offerings.

A Pass Through for W-2’sAs initially enacted, the Affordable Care Act required employers to begin reporting the aggregate cost of applicable employer-sponsored group health coverage on employee W-2’s beginning in January of 2012 (for tax year 2011). For informational purposes only, the reporting, contrary to what many believed, was NOT intended to affect the taxability of coverage. However, due to the heavy administrative burden many felt this would put on employers, the IRS, having initially delayed the reporting requirement until January 2013, announced an even further extension this past spring. As it currently stands, small employers (those filing fewer than 250 W-2’s in 2011) would not need to begin compliance until January of 2014 (for tax year 2013). For large groups, compliance begins one year earlier, in January 2013.


Healthcare

The Rebate DebateEffective in 2011, group medical carriers were required to comply with a key component of the law known as Medical Loss Ratio. Put simply, the Affordable Care Act requires group insurers to pay rebates back to its customers (employers) if they did NOT spent at least 80% (for small group--50 and under) to 85% (large group) of its premium intake on either claims OR activities to improve health care. Though paid to employers, the rebates would ultimately trickle down to employees to the degree they made contributions to their medical plan. In December, new guidance was issued on the matter. While the rebates would have been initially taxable to employers, updated rules say any rebates should instead be in the form of lower premiums or in other ways that are NOT taxable. It is then up to employers to ensure that the rebates are used for the benefit of subscribers. Further, insurers must not only issue rebate notices to employers, they must do the same for employees. Point of interest: With many carriers experiencing lower than expected claim outlays this past year, this has brought some carriers’ loss ratios down to lower than accepted levels. As a result, in lieu of future rebates, many group insurers have worked to comply with the MLR guidelines by offering lower than average renewals. More Preventive Care: For employer sponsored plans that have gone ‘non-grandfathered,’ (i.e., those plans that have made plan changes such as raising deductibles or medical co-pays), an even further phase of preventive care that they’ve experienced already will take effect next year. In August, the Department of Health and Human Services issued new guidelines for an expansion of women’s preventive services. The new benefits will include: • well women visits• gestational diabetes screening• FDA approved contraceptive methods and

counseling• breastfeeding support, supplies and counseling• domestic violence screening and support

All non-grandfathered plans will need to include these services with NO cost share to subscribers for plan years beginning on or after August 1st 2012. Speaking of non-grandfathered plans, one other update from 2011: While NGF plans do NOT allow for discrimination when it comes to either benefits or employee contributions (offering better benefits and/or lower contributions for more highly compensated employees for example), the enforcement of these rules, originally scheduled for 2011, have been postponed until further IRS guidance is received. Some experts say updated guidance will come out in 2012 and be enforced in 2013. Pay or PlayFor employer groups over fifty lives, you’re probably aware of the pay or play rule that’s scheduled to take effect in 2014. The rule essentially says you either have to provide employees with essential group medical coverage, or pay a penalty to the government. One of the sticky points to the discussion however is what happens if a 50+ employer group provides coverage that’s deemed ‘unaffordable’ for the employee. In this case, employers are subject to a $3,000 fine per employee who receives a government subsidy to obtain health coverage on his/her own. While ACA says benefits are considered “unaffordable” if an employee’s contribution exceeds 9.5% of his/her household income, the law did NOT specify if the 9.5% was measured using the premium for employee ONLY coverage, OR for the coverage the employee actually elected (employee plus one, family). Over the summer, the IRS issued further guidance on the matter, saying that employers could calculate the 9.5% contribution threshold based merely on the cost of SINGLE coverage. And, as an even further safe harbor, the IRS stated that employers would not be in violation as long as the employee’s contribution did NOT exceed 9.5% of an employee’s W-2 wages as opposed to the employee’s household income. In this situation, employers would not be penalized even IF an employee became eligible for a government subsidy for health care.


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The SupremesAs we discussed on the top of this piece, most everything involving health care reform will be in play when the justices of the Supreme Court take up the issue early next year. Historically, only 2% of all cases brought before the Court are chosen to be heard, so that tells you just how important this is and how enormous the stakes are. Regarding the central question about the individual mandate (the one requiring everyone to obtain health coverage), three lower courts have expressed concern over it, hence the drive to bring the issue all the way to the nation’s highest court. The 11th Circuit Court of Appeals deemed the requirement that all Americans buy health insurance to be unconstitutional, yet it upheld the rest of the law otherwise. Two other district courts also found the mandate unconstitutional, and went as far as to say the entire law, by transference, was unconstitutional as well. The core of the constitutional question here revolves around what’s known as the ‘commerce clause’ of the United States Constitution, which provides Congress the right to regulate “economic activity.” Health care reform opponents argue that while Congress has the power to regulate commerce, it does not have

the power to regulate inactivity, i.e., someone who chooses not to engage in commerce, or this case, opting NOT to buy health insurance. Which way will the justices lean? It’s very difficult to say. Contrary to what one might believe, some experts say the Court’s four conservative justices might allow the law to stand based on their belief that no matter what laws are passed, only politicians and not judges should make them. On the other hand, some feel even liberal justices could strike down the bill, thinking that the government, when it comes to health care, has overreached in its attempt to extend power. As such, with four liberal judges and four conservative ones, the fate of health care reform could fall into the hands of the Supreme Court’s most centrist judge, Justice Anthony Kennedy. As one prominent law professor recently said: “This law will rise and fall on what he thinks. That’s why I always tell my law students that ( Justice Kennedy) is the most important man in America.” The Court is expected to make its ruling by the end of the summer. Needless to say, we’ll be waiting with our eyes and ears wide open. Happy New Year to all.

Healthcare

Paul Shaheen is Vice-President of The Horton Group, whose Law Professionals Practice helps

law firms and law professionals stay healthy, productive, and properly insured at all times. Paul

can be reached at 312-917-8623 or via email at [email protected]


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Webinar Recap

Safe Stress

Did you know that 75-90% of all doctor visits are caused by high levels of stress? Or that the

four biggest stressors on current health are debt, not getting enough sleep, stress in your personal life, and not exercising enough? Or do you know how your body shows signs of stress? All of these interesting topics, plus more, were discussed at the entertaining webinar on “Safe Stress” given by Judy Hissong of Nesso Strategies, LLC on November 16, 2011.

Briefly, there are three aspects of stress: physical, mental and emotional – and there are proactive solutions you can do RIGHT NOW to relieve some of your stress. For physical stress, get up and move – engage in some sort of exercise, even if it just getting away from your desk a few times a day and walking down the hall. On the flip side, make sure that you get enough rest – try to remove any stimuli one hour before bed so that your mind as well as your body can shut down and get the rest it needs. Last, remember there are no “quick fixes,” and take time to do things that you enjoy.

For mental stress relief, play games, do crosswords and puzzles. Socializing is a good reliever for this type of stress – just don’t overdo it! Emotional aspects of stress may be reduced by a change in diet. So, seek the help of a nutritionist who can assist with the development of healthy meal plans, AND don’t forget about the power of touch – massage therapy may also help soothe your emotional worries away.

Taking care of your mind, body and spirit is essential for a healthy, happier life. The following tips to reduce conflict, create teams and improve team efficiency were given by Ms. Hissong:

• Practice relaxation techniques•Get enough sleep• Eat a healthy breakfast and lunch• Exercise•Reduce or eliminate caffeine•Avoid or reduce intake of alcohol, tobacco and

recreational drugs•Get a massage to relieve tension•Read a good book or see an upbeat movie

Judy Hissong is available to partner with law firms who are looking for communication strategies to reduce conflict, and creating teams and improving team efficiency. She will coach attorneys and managers on performance improvement in administration and leadership, including accountability in marketing and business plans. You can reach Judy at Nesso Strategies – [email protected] or (619) 889-7884.

Also, Judy will be hosting a “Safe Stress” webinar on May 16, 2012 – watch for the Greater Chicago Chapter webinar notification and don’t miss this opportunity to learn ways to understand and reduce your stress!!

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Pathways Leading to Advancement of Diversity and Inclusiveness in the Legal Workplace

Bi-Monthly Recap

Arin Reeves, Ph.D. of Nextions was the featured presenter at our November Bi-Monthly breakfast.

Most, if not all law firms have “diversity initiatives.” We all have diversity statements on our websites

and in our policy manuals. But do we know what diversity means? Years ago people may have thought Affirmative Action meant diversity. As Arin explained, Diversity is representing the community you live in with those in your workforce – it is the visible who. Do we have the voices in our firms that represent our community? Inclusion on the other hand is letting those voices be heard. Inclusion creates an environment where individuals feel respected and that they add value to their organization. Our firms need to be inclusive in order to sustain diversity. What creates Diversity and Inclusion in our firms? We do! It can be something as simple as introducing yourself to someone in your organization you don’t already know. Another example is to ask someone how their day is. It is through our personal actions

and not organizational initiatives that Diversity and Inclusion will be successful.

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The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the“Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment fundsestablished under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who aremembers or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to thepractice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (800) 826-8901, by visiting th website of the ABA Retirement Funds Programat www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or thesolicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of thecollective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in whichsuch offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program isavailable through the Association of Legal Administrators, an ALA Value In Partnership Program Provider as a member benefit. However, this does not constitute an offerto purchase, and is in no way a recommendation with respect to, any security that is available through the Program.

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Baker Tilly’s Law Firm Services practice provides a full complement of tax, accounting, assurance, and advisory services to law firms throughout the country, in addition to providing comprehensive forensic, litigation, and valuation services. Count on us inside and outside the courtroom.

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