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November / December 2014 The Administrator’s Advantage 1 NOVEMBER / DECEMBER 2014 Human Resource Issue INSIDE: Paul Klenck: Employment Law Update 12 Paycor: Best Practices for Strategic Labor Management 14 Dan Riordan: Trends Impacting Legal Support Professionals in 2015 24 Jay Kozie: Time and Attendance Systems From an IT Perspective 26 Ony Beverly: PTO Plans: The Good, The Bad and The Costly 28 The MINISTRATOR’S VANTAGE

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Page 1: MINISTRATOR’S VANT AGE Paycor: Best Practices for

November / December 2014 The Administrator’s Advantage 1

NOVEMBER / DECEMBER 2014 Human Resource Issue

INSIDE:

Paul Klenck: Employment Law Update 12

Paycor: Best Practices for Strategic Labor Management 14 Dan Riordan: Trends Impacting Legal Support Professionals in 2015 24

Jay Kozie: Time and Attendance Systems From an IT Perspective 26

Ony Beverly: PTO Plans: The Good, The Bad and The Costly 28

The

MINISTRATOR’SV A N T A G E

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2 The Administrator’s Advantage November / December

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November / December 2014 The Administrator’s Advantage 3

Human Resource Articles Employment Law Update. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12By Paul Klenck

Best Practices for Strategic Labor Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

By Paycor

Trends Impacting Legal Support Professionals in 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . 24By Dan Riordan

Time and Attendance Systems From an IT Perspective . . . . . . . . . . . . . . . . . . . . . . . . . 26By Jay Kozie

PTO Plans: The Good, The Bad and The Costly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28By Ony Beverly

Features From the Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Business Partner Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Got CLM? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Upcoming Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Kudos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Halloween Event Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Legal Levity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Bi-Monthly Recap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Webinar Recap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Member Spotlight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Holiday Event Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

The Administrator’s AdvantageNovember / December 2014

Newsletter Editor: Mary Lynn Wilson, CLM 312-332-8497 mlw@crayhuber .com

Newsletter Committee:

Patsy Carey312-569-1805 Patricia .Carey@dbr .com

Jane Klenck312-662-4662jklenck@vblhc .com

Lisa Van Sant, CLM312-648-2300 lisa .vansant@sfnr .com

Drema Lee Woldman312-715-5011drema .woldman@quarles .com

Printing: Elk Grove Graphics 847-439-7834

Design:Heiniger Design, Inc . 219-838-0243jon@heinigerdesign .com

Cover photos: Front: Paul KlenckBack: Paul Klenck

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 oth-ers 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 contributing an article or otherwise participating in the production of the newsletter is most welcome and should contact the editor .

© Copyright 2013 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 mechanical, 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’ mis-sion is to promote and enhance the compe-tence 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 manag-ers to the legal community and to the com-munity at large.

The

MINISTRATOR’SV A N T A G E

GREATER CHICAGO CHAPTER MISSION STATEMENTThe mission of the Greater Chicago Chapter of the Association of Legal Administrators is to serve the diverse and evolving needs of our members and the legal organizations they represent by:

• providing high-quality educational programs;• promoting peer networking opportunities;• fostering professional alliances with business partners; and• encouraging our members’ active involvement and service in community efforts.

A Chapter of theAssociation of Legal Administrators

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4 The Administrator’s Advantage November / December

Business Partner Sponsors and Advertisers

Advertisers Index:

Algonquin Studios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

DTI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

FSO Outsourcing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Garvey’s Office Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Genesis Technologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Keno Kozie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Next Day Toner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Project Leadership Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Ricoh Legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Special Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

UPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

USI Affinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Warehouse Direct Business Products & Services . . . . . . . . . . . . . . . . . . . . . . . . 10

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

Platinum Sponsor: Next Day Toner Supplies, Inc .

Gold Sponsors: Document Technologies, Inc .FSO OutsourcingUPS

Silver Sponsors: Garvey’s Office ProductsGenesis TechnologiesKeno KozieProject Leadership AssociatesRICOHSpecial CounselUSI AffinityWarehouse Direct, Workplace Solutions

Bronze Sponsors: 1st & Fresh CateringABA Retirement FundsAccessALL-STATE LEGALAvanti Staffing, Inc .Baker Tilly Virchow Krause, LLPBeacon Hill LegalBoyer Rosene Moving & StorageCall One, Inc .Canon Business Process Services, Inc .Canon Solutions AmericaCanteen Refreshment Service / Compass GroupCBRE, Inc .Coffee UnlimitedCompex Legal ServicesCushman & Wakefield of Illinois, Inc .eBillingHubFifth Third Bank / PaycorFirst Choice Coffee ServicesGregg Communications Systems, Inc .HiTouch Business ServicesICG-Interior Construction Group, Inc .IICLE

Paper or Digital: Your ChoiceOne of the many benefits of your Greater Chicago Chapter membership is receiving our bi-monthly newsletter,

the ADMINISTRATOR’S ADVANTAGE. We are offering an opportunity to “go green” and “opt out” of the printed copy of the newsletter being mailed to you. Recipients who “opt out” will receive an email notification once the digital version of the newsletter is available for download from the Chapter’s website, along with a link to the newsletter.

If you’d like to “go green,” please send an email with “request to opt out” in the subject line to [email protected].

Impact NetworkingInterContinental Hotel Chicago Magnificent Mile IST Management Services, Inc .Konica Minolta Business SolutionsLettuce Parties & Special EventsLexisNexisLower Electric Merrill CorporationMG Welbel & Associates, Inc .MilliCare by Floor InnovationsMiller Bros Engraving, Inc .Novitex Enterprise SolutionsnQueue Billback LLCNuance Document ImagingProven Business SystemsR4 Services LLCRobert Half LegalSteelcase, Inc .The Classic GroupThe Gunlocke Company, LLCThe Horton GroupTuttle Printing & EngravingWerner Printing & Engraving

Website Sponsors: Algonquin Studios

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November / December 2014 The Administrator’s Advantage 5

From the Editor

I am sure many of you will agree with

me that this year has flown by extremely

fast. It’s hard to believe I am writing

this after the Thanksgiving holiday and

we are just 24 days until Christmas. In

addition to the usual hustle and bustle

of the holidays and everything we do on

a daily basis, this is also the time of year

when we sit down and discuss salaries for the coming year for all

of our attorneys and staff.

Thankfully, this issue addresses a number of HR topics such as

PTO versus traditional vacation/sick time, time and attendance

options from an IT view, the changing roles of our legal support

staff and a timely 2015 employment law update.

Also be sure to check out the Legal Levity section which

contains some very fun “holiday eating tips” as well as a view of

2014 “by the numbers”. Our chapter has certainly accomplished

quite a bit this year.

I hope that you all enjoy this issue and let me be the first to wish

all of you a very happy, healthy and successful 2015!

Mary Lynn Wilson, CLMNewsletter Editor Cray Huber Horstman Heil & VanAusdal [email protected]

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6 The Administrator’s Advantage November / December

Board Members and Chapter Advisors

The Greater Chicago Chapter Board of Directors

President

James Beavers, Hall Prangle & Schoonveld, LLC

jbeavers@hpslaw .com

Vice-President / President-Elect / Region 3

Representative

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

jpodbielski@uhlaw .com

Secretary

Susan Burdett, Sugar, Felsenthal, Grais & Hammer LLP

sburdett@sugarfgh .com

Treasurer

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

sgerovasil@coplancrane .com

Newsletter Director/Vice-President-Elect

Mary Lynn Wilson, CLM, Cray Huber Horstman Heil &

VanAusdal LLC

mlw@crayhuber .com

Membership Director

Jane Klenck, Varga Berger Ledsky Hayes & Casey

jklenck@vblhc .com

Professional Development Director

Travis A . Larson, Morgan, Lewis & Bockius

tlarson@morganlewis .com

Business Partner Relations Director

Betsy Amaya Kopczynski, Howe & Hutton, Ltd .

bak@howehutton .com

Communications / Website Director

Nancy Nelson, Epstein Becker Green

nnelson@ebglaw .com

Small Firm Director

Randi S . Kohn, Funkhouser Vegosen Liebman & Dunn, Ltd .

rkohn@fvldlaw .com

Mid-Size Firm Director

Sheri Stone, Aronberg Goldgehn Davis & Garmisa

admin@agdglaw .com

Large Firm Director

Courtney M . Landon, Esq ., Quarles & Brady LLP

courtney .landon@quarles .com

Survey Director

Larry J . Fujara, Pattishall, McAuliffe, Newbury, Hilliard &

Geraldson LLP

lfujara@pattishall .com

CLM Director

Jose R . Cheesman, MSLA, CLM ,Baker & McKenzie

Global Services LLP

Jcheesman10@law .DU .edu

Community Relations Director

Marie Coffee

marieacoffee@gmail .com

Special Events Director

Deborah A . Kuchta, CLM, Langer and Langer

dkuchta@langerandlanger .com

Past President / Historian

Deborah O’Donnell, Pattishall, McAuliffe, Newbury,

Hilliard & Geraldson LLP

dao@pattishall .com

Chapter Advisors

Finance Advisor

Scott Popp, Bryan Cave LLP

scott .popp@bryancave .com

Human Resources Director

Ony Beverly, Skadden, Arps, Slate, Meagher & Flom LLP

Ony .Beverly@skaddenarps .com

Legal Industry / Business Advisor

Julie McCormack, Davis Friedman LLP

jmccormack@davisfriedman .com

Operations / Communications Advisor

Kim Hull-Wyrwas, Hall Prangle & Schoonveld, LLC

khull@hpslaw .com

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November / December 2014 The Administrator’s Advantage 7

Business Partner Profile

MY NAME IS: Julie Ullrich

I WORK FOR: Lettuce Entertain You Parties & Special Events

THE COMPANY’S PRODUCT OR SERVICE IS: Lettuce Parties & Special Events is a division of Lettuce Entertain You Restaurants representing over 88 restaurants ranging from casual, fun experiences to fine dining with over 90 private and semi-private dining rooms across the country! We are the resource to help you find group dining venues to fit your needs. With one call or email we will have several dining options for you to choose from and our service is complimentary.

THE COMPANY HAS: over 88 restaurants ranging from casual, fun experiences to fine dining with over 90 private and semi-private dining rooms across the country!

MY TITLE IS: Corporate Sales & Special Events Manager

BEFORE BECOMING A BUSINESS PARTNER TO THE LEGAL MARKET, I WAS: a catering sales manager for eight years within Lettuce Entertain You.

I ENTERED THE LEGAL MARKET BECAUSE: Legal is one of my sales markets and I wanted to get to know the decision makers’ needs when it came to finding the right venue for their group dining requirements and timelines.

I HAVE A B.A. DEGREE IN: Communications

I SUPPORT ALA BECAUSE: I exhibited at the ALA Greater Chicago Chapter Conference on 9/13/13 and recall reaching out to Laura Sears shortly afterward that I wanted to be a part of ALA somehow, primarily because of the great network of people!

TO BE SUCCESSFUL IN THE LEGAL MARKET, ONE HAS TO: From my business standpoint, I need to be aware of the legal planner’s calendar of events and understand their group dining needs.

THE THING I LIKE BEST ABOUT BEING A BUSINESS PARTNER TO THE LEGAL MARKET IS: Getting to know the people and establishing relationships. I love being the “go to” person.

THREE THINGS I DO WELL ARE: 1) make people laugh; 2) I’m very organized; 3) I can imitate a dolphin …

WHILE I LOVE MY CURRENT JOB, MY DREAM JOB WOULD BE: working around horses in some capacity!

THE LAST GOOD BOOK I READ WAS: I haven’t!!!

THE LAST GOOD MOVIE I SAW WAS: Frozen (with my two kids).

THE LAST VACATION I TOOK WAS: Green Lake, WI in August 2014.

IN MY FREE TIME, I: Hang out with my husband and two kids!

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8 The Administrator’s Advantage November / December

President’s Message

Ever-Changing, Ever-Evolving, Ever-Challenging: Human Resources

James Beavers Hall Prangle & Schoonveld, LLCjbeavers@hpslaw .com

It is our Human Capital that gives our firms the culture we work within. This is the most dynamic and constantly changing area within our law firms. I cannot think of a single day where we are not facing changing employment laws, managing employee conflicts, celebrating employee successes, etc. These continuous changes

surrounding our complex and remarkable human workforce keep legal administrators on our toes by challenging us to constantly adapt our policies, procedures, and handbooks to stay in front of this change.

The hiring process is a critical undertaking for all of our organizations. Compensation is usually the largest expense for all our law firms and should be handled with great care. Hiring the wrong individual for any position can be costly: in dollars, in morale and in productivity. Personally, I tend to place slightly more value on work behaviors of an applicant than their work ability. Do not get me wrong --both are important. We all know of individuals that are “experts” in their respective areas but have personality traits that are extremely disruptive to departments and sometimes our entire businesses. I look to hire individuals that possess a strong work ethic, have inner drive, are courteous to others, appear to respect differing opinions and possess a team philosophy as these traits are normally engrained in an individual early on and can be difficult, but not impossible, to reorient. I also look for an individual who has a solid, but not necessarily perfect, knowledge base in their respective area. With an ability and willingness to learn, combined with education and training, these individuals will become your organization’s stars. 2014 was not lacking in new employment-related legislation. A few of the larger topics…….

n Medical marijuana is now a legal reality in our state. As individual states enact laws revolving around both medical and recreational use of marijuana, we have to be mindful of the complications that are created when Federal statutes differ widely from those at the state level.

n Illinois has relaxed some weapons statutes while tightening others. Just the debate of where to place the “no weapons” sign caused much chatter on our listservs earlier this year.

n Illinois became the 16th state to allow same-sex marriage and it became legal on June 1, 2014, triggering Human Resources departments to review and, most likely, revise company benefit and leave policies to adapt to this new law.

As we look toward 2015, State and Federal Departments of Labor are enacting changes that will impact all of us.

A few of the new issues are …

n Criminal convictions: Effective January 1, 2015 Illinois employers are prohibited from excluding applicants with a blanket “no-convicts” approach in the application and interview process. The “conviction” question is not completely off the table, but you will have to research each individual situation to determine if a prior conviction would be detrimental to a specific job function. Some states have already adopted and initiated this legislation in 2014 and employers should review their application processes and forms to ensure they conform to the new laws.

n Pregnancy discrimination: Also, effective January 1, 2015, there are new pregnancy discrimination laws for all Illinois employers. This new law provides further job protection and also deals with specific accommodations that employers will be required to fulfill for qualified individuals within their workforce.

As these statutes evolve, most of us will be going back and revising our internal policies and procedures as well as our employment manuals. I am fortunate that one of our practice groups is versed in Employment Law. I lean on them often, having meetings at least once per week and even more often at critical times. The Human Resources Department prescribes the culture for your firm and there are many times when employee issues can be quite challenging. Make certain you have peers you can reach out to as well as trusted legal counsel to help you to navigate the ever-changing issues.

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November / December 2014 The Administrator’s Advantage 9

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10 The Administrator’s Advantage November / December

The Greater Chicago Chapter Welcomes the Following New Members:

New Members

Denise DohertyFirm AdministratorKopka Pinkus Dolin (65 Attorneys)100 Lexington Avenue, Suite 100Buffalo Grove, IL [email protected]

Cynthia Anne DonovanOffice ManagerKeefe, Campbell, Biery & Associates, LLC (18 Attorneys)118 North Clinton Street, Suite 300Chicago, IL [email protected]

Mary GibbardOffice CoordinatorKrieg DeVault (26 Attorneys)23 N. LaSalle Street, Suite 2800Chicago, IL [email protected]

Laura TobermanAccountant/ControllerCohen Rosenson & Zuckerman, LLC (4 Attorneys)111 E. Wacker Drive, Suite 2620Chicago, IL [email protected]

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Call your Warehouse Direct Representative for a No Obligation / Free Design Consultation.If not yet a current customer, call Fern Pullman, Contract Furniture Manager, at 847-631-7168.

WORKPL ACE SOLUTIONS

Michael LazenbyFirm AdministratorScott D. Pollock & Associates, P.C. (5 Attorneys)105 W. Madison Street, Suite 2200Chicago, IL [email protected]

Michelle StaniecOffice ManagerCarlson Dash, LLC (9 Attorneys)216 S. Jefferson Street, Suite 216Chicago, IL [email protected]

New member Cynthia Anne Donovan was welcomed at last month’s Bi-Monthly Educational Luncheon

Members on the Move

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November / December 2014 The Administrator’s Advantage 11

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Page 12: MINISTRATOR’S VANT AGE Paycor: Best Practices for

12 The Administrator’s Advantage November / December

As we ring in the New Year, we will also be ringing in a few new employment laws which become effective January 1, 2015. Please note that these laws apply to firms and companies of all sizes:

Criminal Background Checks

Public Act 98-0774 limits an employer's ability to ask about criminal convictions on employment applications or to conduct criminal background checks on job applicants until the person is notified they are selected for an interview or made a conditional offer of employment. The restriction does not apply if persons are automatically excluded by law from certain positions due to specific criminal convictions, or if a fidelity bond is required for the position and a conviction would prevent an employee from qualifying for the bond.

Additional Pregnancy and Childbirth Protections

Public Act 98-1050 amends the Illinois Human Rights Act (IHRA) to require employers to reasonably accommodate employees and job applicants experiencing pregnancy, childbirth or related conditions. It is unlawful to discriminate against employees making such accommodation requests, and the employer cannot force the employee to take leave from work if another reasonable accommodation is available. Accommodations may include more frequent or longer breaks, light duty, modified work schedules, reassignments, and private space for expressing milk. Unlike other provisions in the IHRA which apply to employers who employ at least 15 employees, this section applies to all employers regardless of the number of employees.

Human Resources

Payroll Card Requirements

Public Act 98-0862 places several restrictions on employers who choose to pay employees with payroll cards as opposed to the more common methods of direct deposit or pay checks. Payroll cards act like debit cards. Under the new law, employees must be able to withdraw money in a cost-free, easy way. All fees must be disclosed. Employees must be given access to at least one transaction history per month, and must be given the choice of other pay methods.

Employment Litigation

In addition to these new laws, some additional insight into FMLA was recently provided in a decision by the 7th Circuit Court of Appeals:

Gienapp v. Harbor Crest, 14-1053, 7th Cir., 2014

The 7th Circuit Court of Appeals in Chicago provided guidance in two areas of FMLA leave in this case. First, if the employee doesn't know how long the needed FMLA leave may be, the employee does not need to give the employer specific information about the length of leave as long as they keep the employer reasonably informed. Second, while FMLA family leave is available to care for a spouse, child or parent, the court indicated that care for grandchildren may trigger FMLA leave. In this case, while the employee's daughter was ill, the employee provided care for her grandchildren. The court held that even if the employee only provided care for her grandchildren and no direct care for her own child, the employee would still qualify for FMLA leave if by this care she was giving "psychological" or "physical assistance" to a family member (i.e., her daughter) who was covered by the FMLA.

Employment Law Update By: Paul Klenck

Paul R. Klenck has served as Deputy General Counsel of the Illinois Education Association since 1995. He litigates employment matters and counsels employees, locals and the state association in all aspects of labor, employment and association law. He is a frequent

speaker to employees and practitioners in various areas of the law. The IEA represents over 139,000 members and over 900 locals of pre-K through 12 certificated employees, educational support professionals and higher education employees.

Page 13: MINISTRATOR’S VANT AGE Paycor: Best Practices for

November / December 2014 The Administrator’s Advantage 13

By: Jose Cheesman, CLM

Test your knowledge.

Answers: 1) C 2) B 3) D 4) True; It’s true if the firm has past discriminatory

practices or violations of EOE 5) A

Got CLM?

1. When an organization encounters employees who feel they are in an entitlement-oriented culture, which of the following may be taking place?

a.     Employees work additional hours to earn entitlementsb.    Employers assume and contribute a shared

responsibility for benefitsc.     Employees have not as much individual pressure to

contributed.    Employers contribute to benefits

2.     Most of the charges filed with the EEOC are based on: a.     Gender c.     Sexual Orientation b.    Race d.    Age 3.     A temporary grouping of personnel and funds allocated to

accomplish a specific objective is called: a.     Temporary pet project team c.     Committee Project b.    Project Committee d.    Task Force

FOR 5/4/15 EXAM

I. Financial Management - 30% (Application Deadline 3/4/15) Financial Information and Analysis (16%) Monday, January 5, 2015 Knowledge of methods of financial analysis including reading and interpreting financial statements, calculating and interpreting various financial ratios, and analyzing comparative financial information across fiscal years .

Monday, January 12, 2015 Knowledge of budgeting, financial reporting, cash flow analysis, and variance analysis .

Monday, January 19, 2015 Knowledge of financing methods and investments (e .g . lease vs . buy); Knowledge of U .S . federal payroll and employee benefit procedures, and tax and reporting requirements (e .g . Internal Revenue Service Code) .

II. Human Resource Management - 35%

Employee Selection and Promotion (12%)

Monday, January 26, 2015 Knowledge of procedures and tools for recruiting, selecting and promoting employees; Knowledge of U .S . Federalemployment laws (e .g . Civil Rights Act of 1964, ADA, ADEA etc .) . Performance Management & Compensation (18%)

Monday, February 2, 2015 Knowledge of U .S . federal employee benefit laws (e .g . FLSA, COBRA, FMLA, HIPAA, ERISA); Knowledge of performance management systems (e .g . appraisal, disciplinary, and termination procedures) .

Monday, February 2, 2015 Knowledge and expertise in personnel training and development systems/methods; Knowledge of employee motivational techniques; Knowledge of incentives/rewards systems (e .g . compensation, employee benefits) .

Organizational Development (5%)

Monday, February 9, 2015 Knowledge of leadership styles and techniques; Knowledge of team development and management principles (e .g . self-directed teams, team building); Knowledge of organizational development techniques; Knowledge andskill in negotiation and conflict management techniques .

III. LEGAL INDUSTRY/BUSINESS MANAGEMENT - 17%

Legal Industry (12%) Monday, February 16, 2015 Knowledge of the ABA Model Rules of Professional Ethics as it pertains to law firm management (e .g . conflict of interest, advertising, client file management) .

Monday, February 16, 2015 Knowledge of professional liability issues .

Monday, February 23, 2015 Knowledge of changes/trends in the legal industry .

Monday, February 23, 2015 Knowledge of records management and retention requirements (including paper and electronic documents); Knowledge of filing systems . Business Management (5%)

Monday, March 2, 2015 Knowledge of laws and regulations regarding business insurance coverage .

Monday, March 2, 2015 Knowledge of planning techniques (e .g . strategic, disaster and business planning) .

Monday, March 9, 2015 Knowledge of procurement and contract management procedures (e .g . developing requests for proposals, evaluating proposals, overseeing contractor performance) .

IV. OPERATIONS MANAGEMENT - 18%

Technology (5%)

Monday, March 16, 2015 Knowledge of the features and capabilities of the Internet, web-based technology, hardware and software systems, including security and confidentiality .

Monday, March 16, 2015 Knowledge of the features and capabilities of practice support systems; (e .g . Lexis-Nexis, Westlaw, research, document management, litigation support, case management) .

Monday, March 23, 2015 Knowledge of the features and capabilities of document assembly and management systems .

Monday, March 23, 2015 Knowledge of electronic privacy issues . Operations (13%)

Monday, March 30, 2015 Knowledge of work product quality control procedures and techniques .

Monday, March 30, 2015 Knowledge of facilities management procedures and techniques .

Monday, April 6, 2015 Knowledge of lease/contract agreements and terminology .

Monday, April 13, 2015 Knowledge of project management .

Monday, April 20, 2015 Knowledge of work place safety and health issues (e .g . OSHA, EAPs) .

Monday, April 20, 2015 Knowledge of space assessment, design and development strategies . REVIEW FOR 5/4/15 TESTMonday, April 27, 2015 Q&A & Final Review

4.     True or False: The courts may order a firm that does no government business or which has very small government contracts to have an Affirmative Action Plan (AAP).    

5.     Which of the following performance appraisal tools provide a firm with a quantitative rating for each employee and is the easiest to use:

a.     Graphic Scales b.    Management by Objectives (MBOs) c.     Inverted Qualitative Analysis Tool (IQATs) d.    Critical Incidents Reports

Join Jose Cheesman, MSLA, CLM, CLM Director, at his office every Monday at 5:30 p.m. (Baker & McKenzie Global Services LLP), 300 East Randolph Street, Suite 5000) for the weekly study group.

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14 The Administrator’s Advantage November / December

Ineffective labor management is one of the top money wasters in most businesses. From unmanaged overtime to employees with nothing on their plates, inefficient labor management systems can cost you an arm and a leg. There are several practices, however, that help ensure that you have the right employees, the right processes and the right safeguards to protect your future and your bottom line.

The right employeesHaving the right employees on your team is a huge step towards a thriving business. Make sure that your hiring process is designed to bring in high-quality, highly engaged employees. Disengaged employees are a huge burden on profits and turnover costs at least $20,000 per employee, so you cannot afford to get engagement wrong.

In addition to conscientious hiring, invest in effective training. Properly trained employees are more efficient, getting work done faster and avoiding overtime expenses. If you find that sometimes your business needs some extra help, instead of paying overtime consider temporary workers—they will not be sitting idle (and costing you money) when business is slow.

The right processesOnce you have the right employees in place, make sure you have effective practices for them to follow. This starts by providing challenging but manageable work for employees to keep them engaged, but to avoid the chance of overtime and burnout.

There have been many advances in technology to help with labor management in the past few years. By using time and attendance tracking as well as custom reporting tools, you can make sure your employees are working efficiently.

The right safeguardsThrough this new technology, you can ensure that hours and wages are tracked accurately; correct time and attendance tracking can help you avoid the risk of costly lawsuits. Since you can still be held accountable for any overtime due if an employee misreported his or her hours, consider a more accurate tracking and reporting system using a PC or biometric time clock. Also, keep detailed records of any times you and the employee disputed hours worked—in case of a lawsuit, you will need documentation to prove your side of the story.

Best Practices for Strategic Labor Management By Paycor

14 The Administrator’s Advantage November / December

Human Resources

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November / December 2014 The Administrator’s Advantage 15

Advised and administered by

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products available to Greater Chicago ALA members.

Employee classification and state and federal laws change all the time, so regularly auditing your practices to make sure you’re compliant assures violations don’t slip through the cracks. Mistakes in overtime reporting could end up costing you thousands or sometimes even millions of dollars!

Making sure you have highly engaged employees following efficient processes will make your company as effective as possible. And making sure that you are reporting hours and overtime correctly will protect the future of your company from the growing frequency of wage and hour lawsuits. For more information on keeping track of your employees, check out our intuitive time and attendance or custom reporting solutions.

Reprinted with permission from Paycor.

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16 The Administrator’s Advantage November / December

2015 Upcoming Events

Please be sure to check the chapter website for the most up-to-date information on upcoming

events: www.alachicago.org

Proud to be a Silver Sponsor for the Greater

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APRILS M T W T F S

1 2 3 4

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30

MAY S M T W T F S

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10 11 12 13 14 15 16

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31

JUNE S M T W T F S

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7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30

JULYS M T W T F S

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5 6 7 8 9 10 11

12 13 14 15 16 17 18

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26 27 28 29 30 31

AUGUSTS M T W T F S

1

2 3 4 5 6 7 8

9 10 11 12 13 14 15

16 17 18 19 20 21 22

23 24 25 26 27 28 29

33 31

SEPTEMBER S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30

OCTOBERS M T W T F S

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 20 21 22 23 24

25 26 27 28 29 30 31

NOVEMBER S M T W T F S

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 19 20

21 22 23 24 25 26 27

28 29 30

DECEMBER S M T W T F S

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30 31

JANUARYS M T W T F S

1 2 3

4 5 6 7 8 9 10

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25 26 27 28 29 30 31

FEBRUARYS M T W T F S

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 20 21

22 23 24 25 26 27 28

MARCH S M T W T F S

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 20 21

22 23 24 25 26 27 28

29 30 31

Jan. 14 – 8:00 AM – 9:15 AM

Webinar – Problem Solving – Techniques and

Solutions

n Morgan Lewis & Bockius LLP

77 W. Wacker, Suite 500

Jan. 15 – 12:00 PM – 1:00 PMJoint Small/Mid-Size Firm Meetingn Golan & Christie LLP70 W. Madison, Suite 1500

Jan. 20 – 11:30 AM – 1:00 PMBi-Monthly Meeting; Topic: TBDn Standard Club320 S. Plymouth Court

Feb. 11 – 12:00 PM – 1:00 PM

Small Firm Meeting

n Miller Shakman & Beem LLP

180 N. LaSalle, Suite 3600

Feb. 19 – 12:00 PM – 1:00 PM

Mid-Size Firm Meeting

Location: TBD

Mar. 11 – SAVE THE DATE - Time TBD

Casino Night

n Standard Club

320 S. Plymouth Court

Mar. 17 – 11:30 AM – 1:00 PM

Bi-Monthly Meeting; Topic: TBD

n Standard Club

320 S. Plymouth Court

Mar. 19 – 12:00 PM – 1:00 PM

Joint Small/Mid-Size Firm Meeting

n Burke Warren MacKay & Serritella, P.C.

330 N. Wabash, 22nd Floor

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November / December 2014 The Administrator’s Advantage 17

One North Wacker, Chicago, IL 60606

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18 The Administrator’s Advantage November / December

THANK YOU, GREATER CHICAGO CHAPTER!!

The Greater Chicago ALA Chapter had a very successful School Supply Drive!  We collected:

$125 for Learn South School$100 for Christ the King School$100 for Polaris School

We also collected a vast array of supplies to share with all three schools. The Board and Committee members want to thank the entire membership and Business Partners for their continued support.

Sherry Gini Promoted at Goldberg Kohn

Congratulations to Greater Chicago Chapter Member Sherry Gini who was recently promoted to Chief Operating Officer at Goldberg Kohn Ltd.

Sherry began her successful career at Goldberg Kohn in October, 1999 when she joined the firm as Human Resources Manager. She subsequently advanced to the roles of Director of Human Resources and, most recently, Director of Administration, before being named the firm’s C.O.O.

When asked about her promotion and her tenure at Goldberg Kohn, Sherry explained, “I am lucky to work with a group of partners that challenge and engage me and support my crazy ideas! I

am equally blessed to have a team that is dedicated, resourceful, and delivers excellent customer service. I have been at GK for 15 years and hope to retire from here (to a beach in South Africa)!”

Sherry is not only a leader at her firm; she has been a leader in the Greater Chicago Chapter as well. Sherry served as Chapter President for two consecutive years: from 2005-2006, and again from 2006-2007. She has also served the Chapter as HR Advisor, Professional Development Director, and Community Relations Director.

Born and raised in Naperville, Sherry began her legal career in 1993 at Dommermuth Brestal, a small firm in her home town. She graduated with a Bachelor of Science degree in Business at Indiana University and also holds a Master’s Degree in HR from Loyola University Chicago and a Certificate in Financial Management from the University of Chicago.

The Greater Chicago Chapter wishes Sherry continued success in her new position.

Kudos

Congratulations Deb O’Donnell!

Congratulations to Deborah O’Donnell, Director of Human Resources and Operations at Patishall McAuliffe, for passing the CLM Exam held on November 10th. Deb joins the elite group of ALA members who have achieved the Certified Legal Manager designation.

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November / December 2014 The Administrator’s Advantage 19

ALA’S LEGAL MANAGEMENT TALK

2014 Podcast SeriesBest practices from industry thought leaders

IDA ABBOTTFounder, Ida Abbott Consulting, Inc.

The Legal Workplace: Engaging Men to Advance Women

SALLY CALLOWAYCertified Career Coach & Best-selling Author

Proven Strategies to Attract Top Talent That Will Fit In, Perform & Stick

DAN KRAVITZPresident of Kravitz, Inc.

5 Secrets of Highly Successful Law Firm Retirement Plans

CHARLES BERNIERPrincipal Professional Liability Consultant and In-house Counsel at ECBM Insurance Brokers and Consultants

Cyber Security: Protecting Your Law Firm

Insight into Profitability, Strategies and Innovations.Additional podcasts at Legal Management Talk.

SEPTEMBER HIGHLIGHTED SPEAKERS

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20 The Administrator’s Advantage November / December

Deb O’Donnell as SuperWoman

Carol McCallum and Laura Marlin

Colette Hazard with Patti Anderson of Fifth Third Bank

John Podbielski in his Jim Beavers costume

Jane Klenck as Queen Elizabeth, Sally Mendoza and Anne Jewell

Chapter Members and Business Partners enjoy the evening at Petterino’s

Event Photos

20 The Administrator’s Advantage November / December

On Thursday, October 30th, Greater Chicago Chapter members and Silver and Bronze business partners celebrated the ghostly season by gathering at Petterino’s Restaurant for a Halloween Networking Event. Members expressed their appreciation to our Silver and Bronze sponsors for their generous support of our Chapter. Best Costume prizes were awarded to Deb O’Donnell and Laura Sears, and Anne Jewell was the lucky winner of a scholarship to the 2015 National ALA Conference in Nashville. A frightfully good time was had by all!

Halloween Party

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November / December 2014 The Administrator’s Advantage 21

Mel and Laura Sears as Wine and Cheese

Julie McCormack and Sue Burdett

Nancy Nelson with Debbie Breclaw of 1st & Fresh Catering

Patricia Winter and Tammy Cowser with Alison Small of Robert Half Legal

Phillip Crivellone and Sheri Stone with Bill Fitzgerald (center) of Werner Printing

Ann Eisenreich of Beacon Hill Legal with Karin Jackson

Deb O’Donnell and Mary Lynn Wilson

November / December 2014 The Administrator’s Advantage 21

Event Photos

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22 The Administrator’s Advantage November / December

Legal Levity

$17,800.00 Scholarships

awarded to members by the Greater Chicago Chapter

to attend National and Regional and Specialty Conferences

$10,985.26 Money raised at Casino Night and donated to Cabrini Green Legal Aid

3,371 Items (36 banker boxes full!) collected duringthe fall School Supply Drive and delivered to inner city

schools

330 Current Members of the Greater Chicago Chapter

$325 Money raised for school supplies for inner city schools during the fall School Supply Drive

121 Members from Small Firms (0-29 Attorneys)

109 Members from Large Firms (76+ Attorneys)

93 Percent of 2013 Members who renewed for 2014

84 Members from Mid-Size Firms (30-75 Attorneys)

60 Law firms with more than one member in the Greater Chicago Chapter

59 Invaluable Business Partners

29 Monthly meetings held for Small, Mid-Size and Large Firm Administrators

28 New Members who joined in 2014 (Welcome!)

21 Chapter Members who serve on the GCC Board of Directors

10 Webinars hosted by the Chapter in 2014

6 Formal Networking Events sponsored by the Chapter and/or Business Partners

6 Brown Bag Lunches and other Special Educational Events sponsored in 2014

3 Bi-Monthly Educational Luncheons sponsored

3 Inner City Schools who benefitted from the Chapter School Supply Drive: Polaris Charter, Learn Charter South Chicago, and Christ the King

1 Casino Night held to raise funds for charity

ALA Greater

Chicago 2014

By The Numbers

New ArrivalCongratulations to Melinda Horn on the birth of her daughter, Elena Katelynn Horn.  Elena was born on Saturday, October 4th at 7:04 a.m. weighing in at 6 pounds 5 ounces and stretching to 20 inches long.  Mother and daughter are both doing well.

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November / December 2014 The Administrator’s Advantage 23

Legal Levity

Avoid carrot sticks. Anyone who puts carrots on a holiday buffet table knows nothing of the Christmas spirit. In fact, if you see carrots, leave immediately! Go next door to another party.

Drink as much eggnog as you can. And quickly. So drink up! Who cares that it has 10,000 calories in every sip? It’s not as if you’re going to turn into an eggnog-aholic or something. It’s a treat. Enjoy it. Have one for me. Have two. Christmas comes only once a year.

If something comes with gravy, use it. That’s the whole point of gravy. Gravy does not stand alone. Pour it on. Make a volcano out of your mashed potatoes. Fill it with gravy. Eat the volcano. Repeat.

As for mashed potatoes, always ask if they’re made with skim milk or whole milk. If it’s skim, pass. Why bother? It’s like buying a sports car with an automatic transmission.

Do not have a snack before going to a party in an effort to control your eating. The whole point of going to a party is to eat other people’s food for free. Lots of it.

Under no circumstances should you exercise between now and New Year’s. You can do that in January when you have nothing else to do. This is the time for long naps, which you’ll need after circling the buffet table while carrying a 10-pound plate of food and that vat of eggnog.

If you come across something really good at a buffet table, like frosted Christmas cookies in the shape and size of Santa, position yourself near them and don’t budge. Have as many as you can before becoming the center of attention. They’re like a beautiful pair of shoes. If you leave them behind, you’re never going to see them again.

Same for pies. Apple – Pumpkin – Mincemeat. Have a slice of each or if you don’t like mincemeat, have two apples and one pumpkin. Always have three. Remember, there were three Wise Men. When else do you get to have more than one dessert? Labor Day?

Did someone mention fruitcake? Granted, it’s loaded with mandatory celebratory calories, but avoid it at all costs. I mean, have some standards.

One final tip – If you don’t feel terrible when you leave the party or get up from the table, you haven’t been paying attention. Reread all tips – start over, but hurry, January is around the corner.

Remember this motto to live by – “Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, chocolate in one hand, pizza in the other, body thoroughly used up, totally worn out and screaming “WHOO HOO what a ride!”

Holiday Eating Tips

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24 The Administrator’s Advantage November / December

Human Resources

Those who work in the legal profession are finding the need to become increasingly tech-savvy as technology continues to affect the practice of law. This is especially true for legal support professionals. These legal jobs have become increasingly multifaceted and complex in recent years.

Law firms and corporate legal departments in the Chicago area continue to look for more cost-effective ways to deliver legal services, and as such, they seek paralegals and legal assistants who possess not only legal knowledge and administrative ability but also technological proficiency.

These broader expectations have led to a new type of legal professional: 74 percent of lawyers surveyed by Robert Half Legal said they’ve seen an increase in the number of hybrid or “blended” paralegal/legal assistant positions in the last two years. In addition, 64 percent of respondents said such blended positions are more common now than two years ago. To support this trend, some colleges and associations now have formal programs to prepare these hybrid support staff.

For the latest salary trends, please refer to Robert Half Legal’s 2015 Salary Guide.

Robert Half Legal’s Future Law Office report, Technology Reshapes the Legal Support Profession, examines these trends and offers a glimpse into the skills needed for success in today’s market. Here are some highlights from the research:

The shift to cloud computing presents new challenges. Cloud computing enables users to access applications or data stored on servers at a remote location through an Internet browser or mobile application. Managing documents in “the cloud,” however, requires a higher level of organizational skills. Cloud computing also raises concerns about maintaining information security and confidentiality – a responsibility that’s often shouldered by legal support staff. They need to ensure adequate safeguards are in place to protect client and company data.

Legal support professionals often assume “tech support” roles. Especially in small law firms or legal departments, paralegals and others in legal assistant roles sometimes take on technology support roles. They may be asked to help their offices maintain and secure mobile devices, for instance, or to draft office policies pertaining to the usage of mobile technology and social media. For legal professionals taking on these de facto roles as technology managers, it’s important to not only keep technology skills up to date but to stay informed about ways to help their firms become more digitally secure and aware.

Trends Impacting Legal Support Professionals in 2015 By Dan Riordan

Proficiency with popular software applications is critical. Legal support professionals are increasingly expected to have broad familiarity with various software packages in order to help their firms identify the most appropriate tools for their legal needs. Among the most in-demand skills are advanced proficiency with Microsoft Office and legal research platforms, such as Casemaker and Westlaw, knowledge of practice and litigation management software and familiarity with legal and productivity applications for smartphones and tablets.

E-discovery and litigation support are growth areas. The most marketable professionals will stay current with developments in e-discovery and litigation support, in particular — two areas that are in strong demand and command higher hourly rates. Knowledge of case management software, litigation and e-discovery programs, such as Concordance, Summation and Trial Director, also is highly valued.

Many e-discovery vendors and organizations, such as the Greater Chicago Chapter of the Association of Legal Administrators (ALA), the Chicago Bar Association and the Association of Certified E-Discovery Specialists, offer webinars and other online learning opportunities to help paralegals and litigation support professionals advance their e-discovery knowledge.

It’s impossible to accurately predict which future technological innovations will have the greatest effect on the careers of legal support professionals. However, one thing is certain: the most successful professionals will be open to change and proactive about keeping their skills and expertise fresh.

Dan Riordan is an account executive with Robert Half Legal in downtown Chicago. Robert Half Legal is a leading staffing service specializing in the placement of attorneys, paralegals, legal administrators and other legal professionals with law firms and corporate legal

departments.  Based in Menlo Park, California, Robert Half Legal has offices in major cities throughout the United States and Canada. For more information: visit www.roberthalflegal.com or contact the Chicago branch at 312.616.0220.

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November / December 2014 The Administrator’s Advantage 25

Kelly DillonDTI105 W. Adams Street, #1200Chicago, IL [email protected]

Atlanta • Baltimore • Birmingham • Boston • Charlotte • Chicago • Columbia • Denver • Menlo Park • Miami • Nashville • New York • Norfolk

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26 The Administrator’s Advantage November / December

Human Resources

When I was asked to write an article about payroll programs from an IT perspective, I thought someone was playing a prank on me. My knowledge of payroll is, at best, 1% of the ALA members reading this article. As an IT firm however, we have 150 analysts observing what our clients are using and hearing what they say about their payroll, particularly the time/attendance system. With my disclaimer that this article focuses on the end user interface and technical aspects of the systems, we have observed the following:

Cloud or In-house Server

The past several years we have observed most clients selecting cloud solutions rather than maintaining a separate payroll server in–house. For IT, what the cloud provides is disaster recovery and the peace of mind knowing we are not responsible for a failed backup or replication of the server. For administration, an additional benefit is knowing IT staff does not have full access to the payroll database as administrators of the servers and systems. Historically, the deterrent often was to have payroll data in the cloud (with the exception of ADP’s hosted system), but at this

TIME & ATTENDANCE SYSTEMS FROM AN IT PERSPECTIVE by Jay Kozie

point the reputable payroll solutions have overcome that concern for our clients.

So where does that leave firms who are not comfortable with payroll in the cloud? The good news is server based systems are reliable and relatively easy to maintain. A payroll server with SQL and an application such as ADP is very stable and requires minimal IT intervention. It is important that you properly set up security both on the SQL database and the server itself. If the software vendor is installing the program, ask them how the database security is set up to prevent unauthorized queries of the database from outside their application. At the server level, your IT staff should ensure that both the database and database backup folder

locations are secured. Typically only the application itself, the backup software and certain IT staff will need to access these folders on the payroll server. Also, while not required, we prefer to set up a dedicated payroll server, physical or virtual.

Cloud or internal, pick the application your firm is most comfortable with; they are both reliable configurations.

Products We See at Clients

While there are dozens of systems available, below are several we have experienced firsthand:

ADP (www.adp.com) – Clients have been successfully using both internally hosted and cloud based versions of ADP since, well, the advent of the personal computer. We at Keno Kozie utilize their cloud based system and employee portal for employee PTO requests, changes to direct deposit and changes to withholding. We sometimes hear clients, particularly end users, gripe about ADP, but at the end of the day, it’s still the most popular application for our clients.

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November / December 2014 The Administrator’s Advantage 27

Human Resources

Kronos (www.kronos.com) - After ADP, Kronos is another popular payroll application. As with ADP, Kronos offers both cloud and internally hosted versions of their systems. As with ADP, there are some complaints from users about the time/attendance application, but overall clients seem to stick with it.

On a technical note, after speaking with our Help Desk analysts, they find that both ADP and Kronos browser applications require specific versions of Java. Java, however, is constantly updated, often breaking users’ ability to open the payroll time/attendance application. You may wish to consider disabling automatic updates of Java if using these vendors’ applications.

Paycor (www.paycor.com) – We have heard good things about this cloud based application. According to a client, “it did everything that ADP did and HR felt that it had better functionality and support.” It appears to offer the full suite of HR functions and from the user’s standpoint, the interface seems very easy to use.

Workday (www.workday.com) – Workday is another cloud based application recently selected by a larger client. We don’t have much specifically to say as it is still in the implementation stage, but it offers a full suite of payroll/HR functions.

Other thoughts from our IT staff

After querying our staff, one item we have seen in other industries but rarely in law firms is Biometric and keycard sign-in/sign-out terminals in place of a web app. From an IT standpoint, it removes the Java incompatibility issues we mentioned earlier.

Jay Kozie is a Principal with Keno Kozie Associates, an IT consulting firm and a member of Law Firm Consultants Network of Chicago (LFCN). LCFN is a diverse group of senior-level professionals with expertise serving the legal community. The group’s sole focus is to be a resource to law firms and the

professionals servicing law firms by providing the highest level of professional service and coordinating these services when it is of benefit to our clients. Contact Jay at [email protected]

IT’S 8:30 P.M.

Darn it, wasn’t there just one more thingon your to-do list for today?

1. ORDER OFFICE SUPPLIES? CHECK

2. UPDATE SOFTWARE? CHECK

3. SIGN NEW LEASE? CHECK

4. REFRESH WEB SITE? CHECK

5. RESEARCH BILLING SOLUTIONS? CHECK

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28 The Administrator’s Advantage November / December

Human Resources

What is PTO?A paid time off (PTO) policy combines vacation, sick and personal time into a single bank of days for employees to use at their discretion when taking paid time off work.

Advantages of PTO• Employees have the discretion to use their paid time off as

needed for work/life balance and flexibility. (This aids in employee morale since some people never use their sick time!)

• Reduces the administrative burden of tracking three separate banks of time (vacation, sick and personal) per employee.

• Employers see a decline in unscheduled absences and "questionable" call-ins for sick time are essentially eliminated.

Disadvantages of PTO• Employees tend to view all PTO time as vacation and may

not always use the time off when they are sick. (This can increase illness in the workplace and lead to a decrease in productivity.)

• Since PTO banks have an amount of accrued time which may be used in the future, the monetary value of that time will increase as an employee's salary increases.

• State law may require a firm to pay an employee for accrued, but unused PTO time when an employee separates from the firm, as it is all considered earned vacation time.

Legal ConsiderationsIn Illinois, employers are not required to provide paid vacation benefits; however, when a firm policy or an employment contract states that vacation benefits are provided, an employer must pay the monetary equivalent of that earned time as part of the employee's final paycheck when the employee separates from the firm. Additionally, an employer cannot have a policy which requires an employee to forfeit earned vacation time upon separation. Illinois Wage Payment and Collection Act, 820 ILCS 115/5.

An employer can implement a "use it or lose it" component to their PTO policy, as long as the employee is given a reasonable time to "use it" and the employee is aware of the "lose it" provision. 56 Ill. Adm. Code 300.520(e).

Transitioning to a PTO PlanFor those firms interested in changing their traditional leave plan, there are several components of a PTO policy that can impact the success of your program:

• Initial Conversion of Accrued Time to PTO • Accrual Rate• Maximum Allowed Balance• Carryover Eligibility• Notice Requirements Initial Conversion of Accrued Time to PTOCommunication is important when transitioning into a new leave policy. You should give employees as much notice as possible and clearly state how their time will be converted under the new plan. One option is to have all accrued, but unused vacation time converted to PTO. Another option is to convert some of the accrued time into PTO, but cash-out the remaining time. Providing employees with the monetary equivalent of the accrued, but unused PTO time will assist in future management of time off since employees will not have a large PTO bank. Although it comes with an immediate cost to the firm, the financial liability is capped because the time is paid at the current rate of pay instead of a higher rate of pay in the future.

Accrual Rate When transitioning from a traditional leave plan to a PTO plan, there is usually a decrease in the aggregate time that is allowed, since it can now be used for any purpose. For example:

It is ideal to set accrual rates based on years of service. Therefore, if your firm has a high turnover rate, you can establish a lower accrual rate for those employees with less than 2 years of service and a higher rate for the long-term employees. For example:

PTO Plans: The Good, The Bad and The Costly By: Ony Beverly

2

but cash-out the remaining time. Providing employees with the monetary equivalent of the accrued, but unused PTO time will assist in future management of time off since employees will not have a large PTO bank. Although it comes with an immediate cost to the firm, the financial liability is capped because the time is paid at the current rate of pay instead of a higher rate of pay in the future. Accrual Rate When transitioning from a traditional leave plan to a PTO plan, there is usually a decrease in the aggregate time that is allowed, since it can now be used for any purpose. For example:

Traditional Leave Plan PTO Plan

Vacation – 15 days Sick – 5 days

Personal – 3 days 20 total days

It is ideal to set accrual rates based on years of service. Therefore, if your firm has a high turnover rate, you can establish a lower accrual rate for those employees with less than 2 years of service and a higher rate for the long-term employees. For example:

Years of Service PTO Accrual

0-1 year 10 days

2-3 years 15 days

4-9 years 20 days

10+ years 25 days In order to protect your firm, consider setting PTO accrual by pay period, month, or quarter. By doing so, when an employee separates from the firm, you are only responsible for paying the monetary equivalent of "accrued" time. If an employee is entitled to 20 days of PTO, but accrues 5 days per quarter, when the employee separates, the firm is only responsible for paying the amount accrued to date, which may be only 5 days (instead of 20). Accruing PTO incrementally throughout the year also forces employees to preserve some of their time as a safety net in the event of illness or personal obligations later in the year. Maximum Allowed Balance Employers can cap the amount of PTO that an employee can accrue in a given period of time. Once this threshold is reached, the employee cannot accrue additional time. This helps limit the situations where an employee hoards a significant amount of time and plans a four month vacation. This also mitigates the firm's financial responsibility when paying out this balance upon an employee's separation. Carryover Eligibility Some firms allow employees to carryover PTO time into the new year, while others provide cash-out opportunities. While employers are not required to offer either option, these are details that should be considered when transitioning into a PTO plan.

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November / December 2014 The Administrator’s Advantage 29

Human Resources

In order to protect your firm, consider setting PTO accrual by pay period, month, or quarter. By doing so, when an employee separates from the firm, you are only responsible for paying the monetary equivalent of "accrued" time. If an employee is entitled to 20 days of PTO, but accrues 5 days per quarter, when the employee separates, the firm is only responsible for paying the amount accrued to date, which may be only 5 days (instead of 20). Accruing PTO incrementally throughout the year also forces employees to preserve some of their time as a safety net in the event of illness or personal obligations later in the year.

Maximum Allowed BalanceEmployers can cap the amount of PTO that an employee can accrue in a given period of time. Once this threshold is reached, the employee cannot accrue additional time. This helps limit the situations where an employee hoards a significant amount of time and plans a four month vacation. This also mitigates the firm's financial responsibility when paying out this balance upon an employee's separation.

Carryover EligibilitySome firms allow employees to carryover PTO time into the new year, while others provide cash-out opportunities. While employers are not required to offer either option, these are details that should be considered when transitioning into a PTO plan. Employees who are provided this option see it as a benefit that affords them greater flexibility in using (or not using) their time.

Notice RequirementsJust because PTO can be used for any purpose does not mean that your firm cannot have procedures for the utilization of this time. For instance, you can establish separate banks of PTO time (scheduled and unscheduled). You can set a notice requirement of at least 2 days for the use of scheduled PTO and same day call-offs can be coded as unscheduled PTO. Even though you have unscheduled PTO time, you can still set disciplinary procedures to ward against the excessive use of unscheduled time. These parameters should be clearly communicated when the program is implemented.

PTO…Not for EveryoneSome firms have implemented PTO plans in the past, but switched back to traditional leave plans for financial reasons or based on their employees’ use of paid time off.

If you have seen an increase in the number of sick employees in the workplace and a decrease in productivity, this may be due to employees attempting to save all of their PTO time for vacations. Your leave plan should always have the effect of providing paid time for a sick employee to stay home when necessary.

If you have a high turnover rate, you may have experienced a significant cost increase due to paying out higher amounts of PTO time upon separation. In this case, it may be best for your firm to keep sick/personal time separate from vacation time.

Some employees save PTO, up to the maximum allowed, specifically as a cushion in the event they are no longer employed. When the employee leaves, that person receives the benefit of a lump sum of money paid out at the current rate of pay. It's like a savings account and the interest percentage is the salary increase the employee receives each year.

There is no "one size fits all" approach to the way law firms handle time off policies for their employees. Look at your firm's culture, its employees and historical time-off practices when reviewing the advantages and disadvantages of transitioning to a PTO program. Before implementing any changes to your time-off policies, always remember to research your local labor laws or consult with an employment law attorney.

2

but cash-out the remaining time. Providing employees with the monetary equivalent of the accrued, but unused PTO time will assist in future management of time off since employees will not have a large PTO bank. Although it comes with an immediate cost to the firm, the financial liability is capped because the time is paid at the current rate of pay instead of a higher rate of pay in the future. Accrual Rate When transitioning from a traditional leave plan to a PTO plan, there is usually a decrease in the aggregate time that is allowed, since it can now be used for any purpose. For example:

Traditional Leave Plan PTO Plan

Vacation – 15 days Sick – 5 days

Personal – 3 days 20 total days

It is ideal to set accrual rates based on years of service. Therefore, if your firm has a high turnover rate, you can establish a lower accrual rate for those employees with less than 2 years of service and a higher rate for the long-term employees. For example:

Years of Service PTO Accrual

0-1 year 10 days

2-3 years 15 days

4-9 years 20 days

10+ years 25 days In order to protect your firm, consider setting PTO accrual by pay period, month, or quarter. By doing so, when an employee separates from the firm, you are only responsible for paying the monetary equivalent of "accrued" time. If an employee is entitled to 20 days of PTO, but accrues 5 days per quarter, when the employee separates, the firm is only responsible for paying the amount accrued to date, which may be only 5 days (instead of 20). Accruing PTO incrementally throughout the year also forces employees to preserve some of their time as a safety net in the event of illness or personal obligations later in the year. Maximum Allowed Balance Employers can cap the amount of PTO that an employee can accrue in a given period of time. Once this threshold is reached, the employee cannot accrue additional time. This helps limit the situations where an employee hoards a significant amount of time and plans a four month vacation. This also mitigates the firm's financial responsibility when paying out this balance upon an employee's separation. Carryover Eligibility Some firms allow employees to carryover PTO time into the new year, while others provide cash-out opportunities. While employers are not required to offer either option, these are details that should be considered when transitioning into a PTO plan.

Ony Beverly is the Human Resources Manager for the Chicago office of Skadden, Arps, Slate, Meagher & Flom LLP.  Ony began her HR career in 2000 and has worked in both the legal and healthcare environments. Her HR experience has consisted of talent acquisition, employee relations, training and development, legal compliance,

compensation and benefits administration.  Currently serving as the HR Advisor for the Greater Chicago Chapter, Ony has been a member of the Association of Legal Administrators since 2012 and the Society for Human Resource Management since 2008. 

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30 The Administrator’s Advantage November / December

Advances in technology over the past 10 years have drastically changed the way most companies do business. Today, most businesses operate electronically and have an increasingly mobile work force: they have websites and intra-nets, and they advertise and communicate via social media; a large majority of business communication is via e-mail; electronic files have largely replaced paper files, and employees have lap-tops/tablets and mobile phones. Companies have always collected, maintained, and utilized various types of confidential data and information. Three important things have changed: (1) most of the data is now collected and maintained via electronic means; (2) the data is being exchanged and manipulated via electronic mediums; and, (3) the data is more widely accessible – the workforce is mobile, therefore so is the data.

The relatively recent changes in the way that data is collected, maintained, accessed and utilized has given rise to a host of new business risks and exposures. The insurance industry has responded by developing Cyber Insurance Policies to afford protection. As a relatively new insurance product, coverages and value added services vary greatly from one Insurer to another. Below we outline some of the risks companies face in this area and how the right Cyber policy may help eliminate or mitigate the exposure.

1. Reputational Risk: The reputation of a company is at the very core of their business. A company builds their “reputation” slowly over time but can lose it in an instant. Loss of client trust and confidence could cause significant long term harm to any business. A data breach is a severe blow to the very heart and soul of a company that could destroy its reputation overnight.n Reputation is an intangible. It is incredibly difficult to estimate

the cost associated with reputational damage, but we know it is significant. Consider the following: according to a study by the Gartner Group, approximately 40% of companies that experience a data breach are out of business within 6 months.1

n Cyber Insurance: A comprehensive, well negotiated, Cyber policy can offer significant protection against this fundamental business risk. Cyber insurance can provide coverage for a Public Relations firm to help mitigate and restore reputational damage. Having a Public Relations firm in place immediately, at the point of a breach, could be the life raft that keeps the company afloat and allows it to survive.

2. Financial Risk: Cyber related exposures present enormous financial risk to all companies – risk that is largely not covered by traditional insurance products.

n According to a 2013 report by Symantec2, 50% of all targeted hacking attacks in 2012 were directed at businesses with less than 2,500 employees - with the largest segment being companies with less than 250 employees. Hackers view small companies as “easy targets” since they typically have less sophisticated security systems in place to protect their data.

n Responding to a data breach is extremely expensive and the exposures can present in both the first- and third-party context. U.S. companies pay, on average, $201/record for direct costs related to the breach and approximately $134/record for “indirect costs” associated with the breach such as internal overhead, loss of brand value and damage to reputation. 3

n Insurance is one of the most basic ways to manage risk. Most companies have a wide variety of insurance products in their risk management arsenal. However, most traditional business insurance products will not adequately cover losses or expenses associated with a data breach or Cyber attack. For example, most Commercial General Liability (CGL) policies now specifically exclude losses that arise out of a data breach. Professional Liability Error & Omission Policies (E&O) require a specific causal connection between the professional services rendered and the damages. If causation is not established, there will be no third-party liability coverage under the E&O policy. Further, E&O policies typically do not provide first-party coverage. And, if they do, it is usually very narrow coverage and subject to a low sublimit.

n Cyber Insurance: The Cyber policies in the market today offer comprehensive coverage for a multitude of first- and third-party expenses and losses. Having a Cyber policy in place is one of the best ways to manage and mitigate the significant financial risk associated with cyber-related exposures. However, the Cyber Insurance Market is still relatively immature. As a

Cyber-Related Business Risks and the Cyber Insurance Solution By Kelly S. Geary, Esq.

Bi-Monthly Recap

Speaker Johnathan Wynn

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November / December 2014 The Administrator’s Advantage 31

result, policy forms, terminology and coverage offerings are complex and vary greatly from Insurer to Insurer. To further complicate matters, cyber-related exposures and laws are evolving at a rapid rate – keeping pace with the lightning speed at which technology itself evolves. Accordingly, the current Cyber Insurance Market itself is generally reactive. No two Cyber policies are alike. To that end, a simple review of any given Cyber policy is typically insufficient in terms of gaining a full picture of the available coverage. Most Cyber Insurers have a host of manuscript endorsements providing various coverage extensions that address recent issues and exposures. Further, many Insurers are willing to tailor coverage based on specific or unique exposures. New endorsements are drafted frequently. Risk managers and insurance purchasers need to be aware of the most up-to-date coverage offerings.

3. Protect Business and Employee Data/Information: Data and information are extremely important business assets. Loss, theft, destruction or corruption of data is devastating to any business, regardless of whether it is business related data or data/information related to a company’s employees. The loss of such data will: (a) expose the company to potential third-party and regulatory liability, and (b) will be very expensive to recreate, replace or restore.n Professional firms and companies of all sizes feverishly collect

data. Data is used, and relied upon, by such businesses in a wide variety of ways. Today, all data has value to someone whether it’s the company itself, a client, a customer, an employee of the company or some other third party.

n 93% of companies that lose data for 10 days or more file bankruptcy within 1 year after the crisis that caused the loss.4

n Cyber Insurance: A well negotiated Cyber policy will provide coverage for costs and expenses incurred in connection with restoring, recreating or regaining access to electronic and paper data that is lost or destroyed as a result of a breach or hacking event. Cyber insurance can also protect the company against third-party lawsuits that may result.

4. Cyber Crime: Cyber Crime is growing at a rapid rate. Having the very best technology is not always enough to prevent against cyber attacks. Even the best technology has vulnerabilities – the biggest one being that of pure human error. Cyber-criminals focus on discovering the vulnerabilities and prey on small companies with less sophisticated controls.n A 2010 study conducted by Accenture revealed that, 73% of

companies surveyed believe they have adequate technology and policies in place to protect data. However, 50% of those companies had data breaches and information stolen within a year of their statement of confidence. 5

n Top three industries targeted in Spear-Phishing Attacks in 2013: (1) Governmental entities; (2) Professional Services Organizations; and, (3) Non-traditional Professional Services Organizations.6

n Cyber crime is one of the fastest growing types of crime in the world. The 2014 Ponemon Institute/IBM Study, found that 44% of breaches were due to malicious or criminal acts.7 Someone’s identity is stolen every 3 seconds as a result of a cyber-criminal and has now surpassed illegal drug trafficking in terms of money making criminal activities. 8

n Cyber criminals are not always motivated by money. Many hackers have political, religious, social or economic agendas. These criminals have been known to target small professional firms and companies that are providing services to larger corporations they seek to harm.

n Cyber Insurance: Cyber-attacks present in a variety of different ways aside from the traditional hacking which results in a breach. Cyber extortion is on the rise as it presents a more immediate source of income for the cyber-criminal and can satisfy other political or socially motivated agendas. Another recent trend is more akin to old-fashioned burglary. Hackers gain access to and use a company’s internal communications (email and mobile devices) to stage a theft of some sort – usually in the form of a wire transfer. A hacker will watch (much like a burglar would watch a potential victim’s house before acting) various internal communications between and among certain employees at the company that handle fund transfers. Then, the hacker will tap into the client’s email system and send an email purportedly “from” the client to the appropriate employee at the company, directing a transfer of funds to the client’s “new” account. Coverage for such exposure can be negotiated but, in many cases, in order to be meaningful, must be tailored to each company.

5. Failure of Technology: Companies today depend heavily upon the uninterrupted functionality of their computer hardware and software. A denial of service attack or cyber incident that interferes with a company’s computer network will be stifling to the business and will likely have a negative impact on the company’s bottom line.

Bi-Monthly Recap

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32 The Administrator’s Advantage November / December

Bi-Monthly Recap

n Many small to mid-sized companies outsource the management of computer networks and, in many cases, the maintenance of their data. Unfortunately, you cannot control the reliability and security of the network of your third-party vendors. As a result, your company’s bottom line and reputation are, in many ways, tied directly to the reliability and security of your third-party vendors.

n Cyber Insurance: The risk associated with the failure of technology is two-fold and, in some cases, completely “blind”. A company may be able to evaluate the risk associated with the failure of technology that they own, operate and control but what if certain aspects of a company’s network are outsourced? A well crafted Cyber policy will provide sufficient Business Interruption Coverage as well as Dependent Business Interruption Coverage tailored to the company. These coverages will reimburse a business for loss of income and various expenses resulting from a failure of their technology or a failure of technology at the vendor level.

6. Contractual Requirement: The 2011 SEC Guidance on Cyber-security dictates that Public Companies disclose risk factors relating to potential cyber breaches or attacks. Importantly, the SEC requires Public Companies to disclose a “description of relevant insurance.”n The trickle-down effect of the SEC Guidance is becoming

more and more apparent, especially in the professional service firm arena. Any professional service firm or company that does business with a Governmental Entity or a Public Company (or seeks to do business with such) will likely find that having a Cyber policy is essential to growing, or even maintaining, their client base. Companies without Cyber policies in place will soon find themselves at a competitive disadvantage.

n Cyber Insurance: Professional service firms and companies in all industries are finding that Cyber insurance is simply becoming a business requirement. Existing business agreements of all kinds are being reviewed and amended to address cyber-related exposures connected to the business relationship, whether it’s a client contract, an engagement letter, a vendor contract or a non-disclosure agreement.

n This market change is putting many companies in a “fire-drill” situation. Rather than turn business away, the company will rush to the insurance market looking to purchase a Cyber policy immediately, any Cyber policy, so they can comply with the new requirement. Unfortunately, a rushed purchase of a Cyber policy often times leaves companies with a policy that is not optimal either from a coverage standpoint or pricing, or both. Cyber policies are still at the point (and may always be) where a potential insured will benefit significantly from carefully negotiating coverage and pricing.

7. Regulatory Exposures: Today, there are 47 states with Breach Notification Laws in place, along with a number of U.S. Federal laws and various foreign laws that regulate data collection, data maintenance and consumer privacy. Regulators and State Attorneys General are taking an active role in ensuring the breach notification laws are being followed.n Costs associated with defending a regulatory action, together

with any fines and penalties assessed, can be in the millions of dollars. Most traditional insurance products (CGL and E&O) specifically exclude coverage for fines and penalties as well as regulatory actions/investigations. Even if coverage is afforded under another insurance policy (CGL or E&O), insurers generally provide a low sub-limit for defense only.

n The FTC regulates the collection and maintenance of consumer data and has recently become very active in this role. The Agency has been empowered by recent judicial decision: FTC v. Wyndham Worldwide Corp. The court in Wyndham held that the FTC has the authority to take action against companies that fail to provide reasonable security for personal information they hold.

n The following state Breach Notification Laws provide for a private right of action: AK, CA, LA, MD, MN, NH, NC, SC, and WA.

n Cyber Insurance: While most Cyber policies in the market today offer Regulatory Defense coverage of some kind, there are a range of nuances within the various policies: definition of “Regulatory Action” and/or “Regulator,” coverage for fines and penalties varies, consumer redress fund coverage etc... A carefully negotiated Cyber policy will provide adequate coverage for the defense of regulatory actions resulting from a data breach as well as related fines and penalties. But, again, no two Cyber policies are alike. It’s crucial to carefully review and compare the Regulatory coverage to ensure your company is adequately protected.

8. Crisis Management: A data breach of any kind, from any cause, is a true “crisis” for a company. Any crisis must be dealt with swiftly and properly in order to minimize damage. Most companies are not properly prepared to deal with a data breach.n 47 States, including Guam, Puerto Rico, DC and the Virgin

Islands, have Data Breach Notification Laws. These laws have no borders. A company must follow the law in the state in which the individual resides. So, if a breach results in the exposure of 5,000 records and the individuals impacted live in 40 different states, the company must notify based on the 40 states’ laws. Failure to properly and timely notify in accordance with the laws can result in significant fines. Fines are on a “per record” basis and are usually subject to a “per

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November / December 2014 The Administrator’s Advantage 33

breach” cap. The time frame varies widely. The Connecticut law allows only 5 days from the incident while the Florida law allows 45 days.

n Cyber Insurance: When you have a Cyber policy in place you have a team of cyber, legal, and insurance professionals ready to spring into action the minute a breach occurs. Most insurers will provide “breach coaches” to assist the insured in selecting the necessary vendors (law firms, public relations firms, computer forensic professionals etc…) and help the insured manage the crisis. Breach Coaches act in the same way as an Emergency Room Physician managing the care of an accident victim. Having an experienced Breach Coach and team of professional vendors is crucial to stabilize your company, get you back to operational and minimize the possibility of subsequent regulatory actions and third-party lawsuits. Unfortunately, the market is still young and the Insurers’ teams have varying degrees of experience. Having the wrong team of professionals can not only increase the financial impact on your business but can also be disastrous as respects your reputation.

9. Website Exposures: Any company with a website has the liabilities akin to that of a publisher of a book, magazine or newspaper. In fact, the first “Cyber” policies were targeted at Internet/Website exposures.n Today, maintaining and operating a website is a pure business

necessity for all companies, regardless of their size or industry. However, having a website brings with it a host of new potential liabilities for companies.

n Some sources of potential liability include: Intellectual Property Infringement, Copyright Infringement, Trademark Infringement, Libel, Slander, Defamation, and liabilities connected to a company’s Privacy Policy. A company could even face “accessibility” actions. Consider the 2007 case National Federation of the Blind v. Target Corp. In this case, Target was sued for failing to make its website accessible to the blind population. After several years of litigation, Target settled the class action for $6M.

n Cyber Insurance: Coverage for Media Liability is something that really should be tailored to the individual company as the extent of exposure will vary based on industry, company size and a host of other factors. Today, many Cyber policies offer Media Liability coverage, which typically includes exposure related to Social Media activities. Risk managers and purchasers of insurance should carefully evaluate their risk in this area as well as any other insurance policies they have in place before electing such coverage within the context of a Cyber policy.

10. Pro-Active Risk Management: The landscape of cyber exposures is changing at a rapid rate. The breach notification laws are all different and are frequently being amended. Companies must remain vigilant with respect to advances in technology that relate to network security and changes in privacy laws on a State, Federal and foreign level.n The Data Breach Laws in Massachusetts and Oregon require

that companies that own or hold their residents’ personal information must have a Written Information Security Plan (“WISP”) in place to respond in the event of a data breach. The State Attorneys General in these states have levied steep six figure fines against companies for non-compliance.

n “By failing to prepare, you are preparing to fail.” Benjamin Franklin.

n Cyber Insurance: Perhaps one of the most valuable features of a Cyber policy is the Pro-Active/Pre-Breach Risk Management Services offered by the Insurer. Although often times over-looked in favor of coverage and price, the Pre-Breach Risk Management Services are just as important as the coverage offered. The Risk Management Services available (like the policies themselves) vary greatly from Insurer to Insurer and are many times dependent on premium level. Some of the services being offered are: access to cyber-related newsletters/alerts, employee training in network security and cyber exposures, access to state surveys of breach notification laws, network vulnerability scans, Specialists Support lines, assistance in drafting a Written Information Security Plan and Breach Response Plans etc…Being well-informed and prepared is one of the best ways to minimize your exposure to cyber-threats. Since all companies are unique and all Insurers offer different services and use different vendors, the risk manager or insurance purchaser for the company should carefully review the Risk Management Services and select a policy that best fits the company’s needs from the stand-point of coverage, price and Risk Management Services.

Bi-Monthly Recap

Kelly S. Geary, Esq. is the Vice President of Lemme Insurance Group, Inc. She can be reached at [email protected].

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34 The Administrator’s Advantage November / December

Webinar Recap

Rudy Giuliani once said, “Change is not a destination just as hope is not a strategy.” I think we can all agree that the economy, and law firm environment, is not the same now as it was in the years before the recession of 2008 nor will it ever be that way again. More so than ever before, law firms need to focus on the business of law and strategically plan for their future no matter the size of the firm.

Strategic planning begins with the end in mind. It is your firm’s view of how it will look at a point of time in the future. Having a strategic plan and communicating that plan to all stakeholders ensures that the firm’s direction is clear and easily understood by all. It ensures operational tactics and firm resources align with that direction, with everyone on the same page and everything being done with an eye to achieving the plan’s stated goals. A strategic plan also creates the basis for accountability; without a plan, how do you hold people accountable for anything?

Developing a strategic plan starts with as assessment of your current position, a review your firm’s vision, mission and values. It should be an inclusive program involving administrators, managing partners, practice group leaders and committee members. The planning process will incorporate a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats), and a STEP analysis (Social, Technological, Environmental, Political) to help you determine that future vision, and what changes you may need to put in place to help you reach that goal by looking at your firm both internally and externally. Those analyses will raise and help answer questions such as: What are our differentiators? What are the things we excel at that we can leverage and capitalize on? Do we need to add depth or breadth to an existing practice group? Are there gaps in knowledge or experience that we need to address? Are there unprofitable practice areas that need to be reviewed? Are there reliability/trust issues internally that need to be addressed? Who are our competitors? What is happening environmentally or from a regulatory perspective that could affect our firm’s practice? How are our clients being impacted by the economy, regulatory agencies or governmental agencies? Do we know what our clients and competitors think about us? Do we know our clients’ plans or what they are doing in the future?

Going through the above process may help you identify recruiting and training needs, reveal targeted marketing opportunities, plan

for technology and workflow development projects, get a better understanding of utilization, professional development and retraining needs and review client service levels, all of which and more may factor into your vision for the future. Once a firm has defined their vision, a written strategic plan for achieving that vision can be developed.

A strategic plan will include the stated goals and objectives and the strategy and tactics necessary to achieve the defined vision. It will outline what, how, when and by whom the strategies, tactics and action steps will be accomplished and will have the metrics that will allow you to measure your results. Evaluation of the plan should be done on a regular basis and is integral to the success of the plan, as is the accountability of all parties involved.

Regular review of the strategic plan will ensure that you are doing the things that you need to be doing. As you consider new or different projects, it will help you determine whether the new project ties into the larger strategic plan or whether it should be a part of the strategic plan. It can show you that you are focused on the right things and whether the strategic goal is being affected. If you are doing something that can’t be aligned with the overall plan, then you need to ask why you would do it. Everything should be geared to moving the plan forward and flow to the end result desired. Regular reviews also show you where your plan may need to be tweaked. Lastly, the plan needs to be reviewed periodically with an eye to the next few years ahead as well.

As to the success of your strategic planning, be pragmatic. If it’s not realistic to expect, then it’s not worth doing. Don’t make your strategic plan too cumbersome; keep it simple to understand and align with. It must be honest. Make it manageable by keeping it to three to five goals that you feel you can accomplish within the time frame allowed. Evaluate often and measure your results. Recognize and reward success and communicate those successes to everyone. Tweaking should be expected.

Remember that failing to plan is planning to fail. The “future” will happen sooner than you think. Choose the future that you want to have and plan accordingly!

Leading the Way StrategicallyBy Karen D. Hammersmith, CLM, SPHR

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November / December 2014 The Administrator’s Advantage 35

Member Spotlight

Cesar Fernandez

My name is: Cesar Fernandez.

I work for: Rusin & Maciorowski, Ltd.

The firm & practice is: Insurance Defense.

My title is: Office Manager

Before becoming an Administrator: I was a

Collections Manager.

I have been working in the legal field for: 16

years.

I have a degree in: Liberal Arts from Roosevelt

University.

I joined ALA Chicago Chapter because: Our

previous Administrator advised that the ALA was

an endless supply of information. She was right!

To be successful in legal administration:

1) Lead by example.

2) Make attorney happiness a priority.

3) Support your support staff.

The thing I like best about being Office

Manager is: dealing with everyone in the office.

One of the challenges of being in legal

administration is: Trying to please all of your

firm’s partners.

The best advice I’ve ever received is: “Always try

to go above and beyond the call of your duties.”

The best advice I would give to someone who

is just entering the legal management field is:

Join the ALA! It’s a pretty valuable resource for

information.

I try to motivate my staff by: empowerment and

creating career paths.

If I weren’t an Office Manager I would: be a

teacher/professor.

The last good book I read was: Monday Morning

Leadership.

The last good movie I saw was: Dallas Buyers

Club.

The last vacation I took was: Christmas 2013 to

Nuevo Vallarta.

The one appointment I never miss is: Little

Kickers soccer class with my 2-year-old.

In my free time, I enjoy: Playing sports (softball,

basketball, volleyball) as well as watching sports

(football, basketball, baseball).

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36 The Administrator’s Advantage November / December

Event Photos

The Greater Chicago Chapter held its annual holiday party at One North Kitchen & Bar on December 3rd. Platinum Sponsor Next Day Toner hosted the well-attended event, a chance for GCC Members to relax, network and celebrate the holidays.

Marie Fiorito receives a Gift Card from Jeff Bollman

Michael Motyka and Debra Gostkiewicz

Georgeanne Binnie, Tom Kosloskus and Susan Mazany

John Podbielski, Betsy Kopczynski and Todd Walters of Next Day Toner pull the

Lucky Raffle Winners

Kevin Corrigan, Shelly Leonida, Kim Hull

Larry Fujara, Winner of Gift Card, with Todd Walters and Jeff Bollman of Next Day Toner

36 The Administrator’s Advantage November / December

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November / December 2014 The Administrator’s Advantage 37

Event Photos

Patsy Carey and Mary Lynn Wilson

Anne Jewell thanks Todd Walters and Jeff Bollman for her Apple Gift Card prize

Larry Fujara and Angela Hickey

Pattie Wagner, Amy McCormick, and Katie Davis

Maureen Feltman, Karin Jackson and Jane Klenck

Laura Marlin and Rachel Benner

November / December 2014 The Administrator’s Advantage 37

Deb O’Donnell (2nd from right) with the Next Day Toner Team:

Todd Walters, Stacey Kosloskus, Bev Bollman, Jeff Bollman

and Tom Kosloskus

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38 The Administrator’s Advantage November / December

LegaL Business and TechnoLogy consuLTing soLuTions

Project Leadership Associates (PLA) is the largest

provider of business and technology consulting

services focused on the U.S. legal market. Since

1998, more than 450 law firms and corporate

legal departments have engaged PLA to

employ our proven expertise.

We deliver cost-effective legal solutions by

combining industry-leading technology knowledge

with our deep understanding of strategy, people,

processes, and legal operations.

our services

Strategy and execution

» Integrate law department practice and

administrative functions

» Plan and execute operations and litigation

strategy, implementation and outsourcing

» Leverage efficiencies via legal project and

matter management

BuSineSS operationS

» Save money and protect shareholder value

through effective quality processes and risk

management and general cost reduction

» Provide cost-effective eDiscovery collection, pro-

cessing, analysis, review and production services

» Review, recommend and re-engineer corporate

legal department best practices and operations

applicationS

» Select and implement software

solutions designed for legal teams

» Develop and deliver legal intranets,

extranets and websites

infraStructure

» Test and deploy new and upgraded

technologies

» Support legal technology and IT

functions in insourced and outsourced

environments

» Upgrade to current versions

of Microsoft Office, Windows,

Exchange and Lync

For more information about PLA’s Legal Solutions, contact Dan Safran at [email protected] or call 312-441-0077.

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November / December 2014 The Administrator’s Advantage 39

Event Photos

Invoices Court briefings

Following general correspondence items, invoices and court briefings are the most common documents moving to digital formats

Overnight shipping is essential for contracts and client proposals, which are the documents least likely to move to digital formats

Client proposals & contracts

+50%

Will invest in marketing and branding in 201446%

More than half of respondents report that printing a firm’s logo or branding on an express shipping envelope is beneficial

UPS surveyed 450+ attendees at the 2013 Association of Legal Administrators (ALA) National Conference to uncover the most pressing business and operational challenges and key focus areas of law firms in the future.

ALA MEMBER SURVEY: PRODUCTIVITY AND PROFITABILITY TOP OF MIND

The greatest day-to-day challenges

56% Time management

46%

30%

Managing costs & expenses

Office inefficiencies & technology issues

Key focus areas for law firms in 2013

87% of respondents identified

client service as their top priority

Reported marketing and branding as a key focus in 2013

31%

49%47%

41%

$

Clientservice Business

development Costmanagement

Nearly half of ALA members surveyed reported that their firms plan to invest in technologies in the next year to increase competitiveness and grow their business

For more information on UPS services and solutions, contact:

© 2013 United Parcel Service of America, Inc. UPS, the UPS brandmark and the color brown are registered trademarks of United Parcel Service of America, Inc. All rights reserved.

TECHNOLOGY & EFFICIENCY CLIENT SERVICE

DIGITAL VS. PAPERMARKETING & BRANDING

49%

EXPRESS ENVELOPE

YOUR BRAND HERE

Anthony Perrino at 630-800-6654, [email protected], or visit ups.com/professional.

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40 The Administrator’s Advantage November / December

A Chapter of theAssociation of Legal Administrators

P.O. Box A 3936Chicago, IL 60690

Special Thanks to Elk Grove Graphics for printing this issue of Administrator’s Advantage.

Niagra Falls - Mary Lynn Wilson