DCBA President Gerald A. Cassioppi Volume 30, Issue 1 September 2017 88858_DCBA-Cover-Sept2017.indd 1 8/4/17 8:19 AM 88858_DCBA-Cover-Sept2017.indd 2 8/4/17 8:19 AM The Journal of the DuPage County Bar Association www.dcbabrief.org Volume 30, Issue 1 Table of Contents September 2017 Don’t miss this year’s rematch of the DCBA v KCBA Cross County Softball Azam Nizamuddin Classic on September 14. Editor-in-Chief Brian Dougherty Associate Editor Editor’s Message Editorial Board 3 Anthony Abear Terrence Benshoof 5 President’s Message 35 I nBrief Annette Corrigan - By Terrence Benshoof Dexter Evans Peter Evans 36 Let Your People Go! Raleigh D. Kalbfleisch - By Mary Gaertner Timothy Klein Christopher J. Maurer 37 DCBA and the Illinois Institute for James F. McCluskey Articles Continuing Legal Education Team Up Christine McTigue to Provide Online CLE Clarissa R.E. Myers 8 Piracy & Punishment - An Appreciation of Hugo Grotius - By James L. Ryan Jane Nagle Joseph K. Nichele - By Edward N. Tiesenga and Ryan Haught 38 Thanks to Everyone Who Helped to John J. Pcolinski, Jr. Make the Human Race a Success Jay Reese Arthur W. Rummler 16 Supreme Court Rule 224- for the DBF Discovering the Identity of an Anonymous Internet Poster James L. Ryan - By Christine Olson McTigue Jordan Sartell - By Christine Olson McTigue David N. Schaffer 39 DCBA Update Michael R. Sitrick 22 Key Points of the Revised Illinois Limited - By Robert T. Rupp Jolianne Walters Liability Company Act 40 Legal Aid Update Eric R. Waltmire - By Gregory M. White - By Cecilia Najera Jacki Hamler 41 Lawyer to Lawyer Mentoring DCBA Liaison/Advertising 26 Income Shares is Here: Now What? Program: Fall Session Implementation Issues and Some Possible Solutions Ross Creative Works Graphic Design - By Nancy Chausow Shafer 42 ISBA Update - By Kent A. Gaertner Kelmscott Communications 31 Illinois Law Update 43 DCBA Installation and Presidents’ Printing - Editor Christine Olson McTigue Ball, A Grand Success at the Drake Cover Photography - By John Pcolinski Jeffrey Ross 47 Classifieds 48 Where to Be in September DCBA Brief September 2017 1 88858_DCBA-Body-Sept2017.indd 1 8/9/17 2:05 PM 16ISBA017_New-Lawyer_Ad_8-5x11_BW_DCBA_100916.pdf 1 10/9/16 5:51 PM ARTICLES We the people START YOUR Career Right Our New Lawyers Program protects you, your clients – and your financial future – against unintended mistakes. It’s easy to apply and (really!) affordable. Your first year probably costs less than your annual smartphone bill. Visit isbamutual.com/newlawyer or call 800 473-4722 to get coverage now! For those who: Are claims-free Are solo practitioners Passed the bar within the past 3 years isbamutual.com/newlawyer 2 DCBA Brief September 2017 88858_DCBA-Body-Sept2017.indd 2 8/4/17 8:58 AM 16ISBA017_New-Lawyer_Ad_8-5x11_BW_DCBA_100916.pdf 1 10/9/16 5:51 PM From the Editor We the people By Azam Nizamuddin These are the words which began the every category of American citizenship. founding document of our nation, the U.S. Hence, our understanding of our founding Azam (“Az”) Nizamuddin is Constitution. document, the U.S. Constitution has under- General Counsel with the American gone a change. Trust Corporation and Chief As any right of passage, whether it’s a new Compliance Officer for Allied baseball season or a new school year, we at the As Rafiki reminds the adult Simba in the Lion Asset Advisors in Oak Brook, Illinois. Previously, he practiced DCBA Brief begin our new year with new lead- King, “change is good.” With change comes commercial litigation and family ership and some new members of our Editorial our new DCBA President Gerry Cassioppi. law with large firms, small firms, Board team. As the new Editor in Chief of Gerry’s humble and effective leadership will and as a solo practitioner. He is the Brief, I reflect upon the perennial phrase, keep our organization in good shape and we an active member of the DCBA, “we the people” in light of the DuPage County look forward to working with him and wish and serves on the DCBA Busi- START YOUR Bar Association. For me, this phrase rep- him a successful year. We also welcome our ness Law Section. He also serves resents the entirety of our legal community, new Associate Editor, Brian Dougherty. on the ISBA Corporate Law judges, lawyers, paralegals, staff, whose aim is Additionally, we have two new members, Section and previously served on the ISBA ARDC Committee. to maintain and enhance the integrity of the attorneys Clarissa Myers, and Jolianne He was appointed to the Illinois legal profession, to improve and facilitate the Walters. With the addition of these two rook- Supreme Court Access to Justice Career Right administration of justice, and to promote the ies, we have an all-star line up for the new Commission, Language Access knowledge and education of the law. year. Terry Benshoof will continue to high- Committee. He is also Adjunct Our New Lawyers Program protects you, your clients – and your financial future – against unintended light the activities of DCBA members with Professor at Loyola University mistakes. It’s easy to apply and (really!) affordable. Your first year probably costs less than your annual We intend to continue our award winning work the In Brief section. DCBA Executive Director and frequently lectures on the at the Brief to provide our DCBA members Robert Rupp will provide the latest in DCBA intersection of law and religion. smartphone bill. Visit isbamutual.com/newlawyer or call 800 473-4722 to get coverage now! and the legal community interesting, relevant, tidbits, while Kent Gaertner will update helpful, and timely articles and information us on what’s happening with the ISBA and to enhance their practice and to promote Cecilia Najera will report on DuPage Legal For those who: camaraderie. To this effect, I would like to Aid. thank the extraordinary contribution to the Are claims-free DCBA community and to the literature of the As a legal history buff, I hope to provide more Are solo practitioners legal profession by my predecessors (during vignettes of legal history and personalities to my time on the Editorial Board) Jim Ryan, enhance our knowledge of the law. For example, Passed the bar within the past 3 years Christine McTigue, Raleigh Kalbfleisch the person who actually penned the words, and John Pcolinski, Jr., respectively. “We the People” in the U.S. Constitution was Governor Morris. Morris was a delegate from The collective “We” in the Preamble to the New York to the Continental Congress and U.S. Constitution has been the source of argu- his stalwart intervention in support of George ment and debate for centuries and has resulted Washington from a potential challenge may in several Amendments. Over the course of have actually saved the Republic. So, get ready two centuries, there has been an evolution of to read more about legal history and the inter- this phrase. Originally, it referred primarily to esting interplay between law and culture. land owning males. Now, it includes just about (Continued on page 6) isbamutual.com/newlawyer DCBA Brief September 2017 3 88858_DCBA-Body-Sept2017.indd 3 8/4/17 8:58 AM space office floor 2nd SF ±3,762 ±3,762±3,762 SF SF 2nd 2nd floorfloor officeoffice spacespace available for lease lease for available availableavailable for for lease lease Find your place. your Find FindFind youryour place.place. 126 S County Farm Road Farm County S 126 126126 SS CountyCounty FarmFarm RoadRoad Wheaton, Illinois Wheaton, Wheaton,Wheaton, IllinoisIllinois Ample parking Ample • •• AmpleAmple parkingparking $14.75/SF gross rental rate rental gross $14.75/SF • •• $14.75/SF$14.75/SF grossgross rentalrental raterate Low DuPage County taxes taxes County DuPage Low • •• LowLow DuPageDuPage CountyCounty taxestaxes Centralized location location Centralized • •• CentralizedCentralized locationlocation One block from DuPage DuPage from block One • •• OneOne blockblock fromfrom DuPageDuPage Courthouse County CountyCounty CourthouseCourthouse Allow us to transform your transform to us Allow Johnson Adam Adam Johnson Allow us to transform your Adam Johnson Allow us to transform your challenges into successes. into challenges 0729 317 630 630 317 0729 challenges into successes. www.hiffman.com [email protected] [email protected] 317 0729 challengeswww.hiffman.com into successes. [email protected] www.hiffman.com 88858_DCBA-Body-Sept2017.indd 4 8/4/17 8:58 AM President’s Message ±3,762 SF 2nd floor office space ±3,762 SF 2nd floor office space The DCBA Team availableavailable for for lease lease By Gerald Cassioppi Gerald Cassioppi is the current To kick off this year, at the Officers Installation This means as a team we will work to better Find your place. DCBA President and is a Partner Find your place. dinner in June, I spoke of the need to view the our membership, support their practices and with Momkus McCluskey Roberts members of the DCBA as a team. When I say engage the public. No matter our personal LLC, in Lisle. He counsels team, I don’t necessarily mean a collection of strengths or weaknesses, we will work together businesses, not-for-profits and softball players, but rather a group of people for our individual good and the good of the government entities. He received working together for a common, worthwhile DCBA community. It is that selflessness that his law and undergraduate purpose. has allowed the DCBA to flourish for 138 degrees from the University of years. Illinois, is also a CPA and is active in community leadership, Bob Feller, a hall of fame baseball pitcher, including the Naperville District who honorably served his country during World Further, there should be open, respectful and 203 School Board and as DuPage War II, best described the importance of team- balanced communications among all team County Ethics Commission 126126 SS CountyCounty FarmFarm RoadRoad work beyond sports when he said “You can talk members.