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Diversity Initiatives at Franczek Sullivan P.C. (Click Here)

 

ILLINOIS SUPER LAWYERS & RISING STARS 2008

Only 5% of all lawyers in the State are selected for inclusion in Illinois Super Lawyers 2008. Among them are:

Employment & Labor LawJames C. Franczek, Jr., Ronald J. Hein, Jr., David P. Radelet, Sally J. Scott,
William R. Sullivan, and James J. Zuehl

 

Employment Litigation: DefenseMichael A. Warner, Jr.

 

Schools & Education LawJ. Todd Faulkner, John A. Relias, and Patricia J. Whitten

Also, Dana Fattore Crumley and Julie Heuberger Yura were selected as Schools & Education Law Rising Stars — the top up-and-coming attorneys in the State of Illinois.

 

James C. Franczek, Jr. and William R. Sullivan, Jr. placed among the Top 100 attorneys receiving the highest point totals in 2007 during the Illinois Super Lawyers review process. This places them in the top ½ of 1% of all Illinois lawyers.

 

Attorneys joins Franczek Sullivan P.C.

Franczek Sullivan P.C. is pleased to welcome the following attorneys to the Firm:

  • Thomas C. ("T.C.") Newlin II joined the Firm in late-May 2008 as an associate representing both private and public sector employers in all aspects of employee benefits. A graduate of Indiana University School of Law - Indianapolis, prior to joining Franczek Sullivan he worked as a Tax Associate for Ernst & Young in Chicago, where he handled retirement plan compliance and worked in the pension and health and welfare areas for the automobile industry. T.C.'s practice includes qualification, administration, and design of defined benefit, defined contribution, and health and welfare plans. He represents employers on a broad range of employee benefits issues, including multi-employer pension plan issues, ERISA compliance, and benefits-related tax issues, and he also advises clients regarding executive compensation agreements and non-qualified plans.

  • Jennifer A. Smith joined Franczek Sullivan P.C. in mid-May 2008 as an associate. Her practice concentrates on special education law, student rights, policy development, and civil rights litigation. Prior to joining the firm, Jennifer was an associate at Robbins Schwartz Nicholas Lifton & Taylor, Ltd. of Chicago, Illinois and with Spencer Fane Britt & Browne in Kansas City, Missouri.

  • Mark S. Wilkinson joined the firm in early May 2008 as an associate, his practice concentrated in employment law (including claimed civil rights violations, wrongful discharge, and unlawful retaliation), school law (including defense of tort liability actions and advising clients as to statutory obligations), and general litigation (including tort and commercial litigation). Previously, Mark had practiced with Keller Thoma P.C. of Detroit, Michigan.

  • Deidra A. Norris joined Franczek Sullivan P.C. in mid-April 2008 as an associate, concentrating her practice in general labor and employment and in education law matters. Prior to joining the Firm, Ms. Norris worked for Thomas, Mamer & Haughey, LLP in Champaign, Illinois in the areas of insurance, professional liability, and civil rights defense. In addition to her legal activities, she is a violinist who has performed with the Champaign-Urbana Symphony, Prairie Ensemble, Kingwood Pops Orchestra, Scott Joplin Orchestra, and San Angelo Symphony.

  • Scott R. Metcalf joined Franczek Sullivan P.C. in late March 2008 as an associate in our public sector practice. Previously, Scott was a Senior Tax Policy Advisor for the Civic Federation in Chicago, Illinois, for whom he lobbied on a variety of issues, including tax matters. He also served as a Law Clerk in the Civil Actions Bureau, Municipal Litigation Division of the Cook County State's Attorney's Office, where he drafted various motions and portions of appellate briefs.

 

Franczek Sullivan P.C. Lauded as One of Illinois' Premier Labor & Employment Firms:

 

In its 2007 AMERICA'S LEADING LAWYERS FOR BUSINESS: THE CLIENT'S GUIDE, Chambers USA places Franczek Sullivan P.C. in the first ranks of labor and employment firms in Illinois. Chambers USA reports that Franczek Sullivan P.C. "has a reputation for excellence in union negotiation that would be the envy of any firm ... It represents a number of private companies, but it is the municipal sector in which the firm sets the standards". We are very proud of our success and are, above all, indebted to our clients for the opportunities they have provided us and for their generous comments, as reported in the Chambers USA listing. (Click here for to see the Chambers USA description of the firm and its attorneys.)

 

DARCY KRIHA CO-AUTHORS ARTICLE IN LIBRARY MEDIA CONNECTION

 

Darcy Kriha co-authored with Steven M. Baule the article "Free Speech in a MySpace World" which was published in the February 2008 issue (Vol 26, No. 5) of Library Media Connection. The article considers how the Internet and advances in technology have dramatically changed the variables of student speech issues, and it looks at issues, concerns, relevant court cases, and practical issues and actions with respect to free speech in this context, including the importance of an updated Acceptable Technology Use Policy.

 

JEFF NOWAK JOINS FAMILY AND MEDICAL LEAVE HANDBOOK'S EDITORIAL BOARD

 

Jeffrey S. Nowak was recently was named to the Editorial Board of the Family and Medical Leave Handbook, a comprehensive and well-respected guide within the legal and HR community regarding the complex requirements of the Family and Medical Leave Act.

 

FRANCZEK SULLIVAN SPONSORS NATIONAL SUMMIT OF BLACK WOMEN LAWYERS

 

Franczek Sullivan P.C. sponsored the National Summit of Black Women Lawyers in Chicago, Illinois. The Summit was hosted by the Black Women Lawyers' Association of Greater Chicago, Inc. The theme was "Lifting As We Climb: Our History Demands It, Our Legacy Requires It!" The impetus behind the Summit was to provide a forum for minority attorneys with a shared heritage and profession to exchange ideas and information. The event was comprised of numerous panel discussions regarding legal theory, social problems and economic concepts specific to minority attorneys and judges. The Summit also included a General Counsel Diversity Luncheon. During the luncheon, Alfreda Bradley Coar, General Counsel of GE Healthcare, Diagnostic Imaging, E. Christopher Johnson, Jr., Vice President and General Counsel of General Motors North America, Linda J. Dunn, Vice President and General Counsel of Harley Davidson Financial Services, and William A. Von Hoene Jr., General Counsel of Exelon Corporation, shared strategies law firms can use to increase diversity. This panel was moderated by Professor Charles Ogletree of Harvard Law School. Franczek Sullivan P.C. was proud to be part of this extremely important and high profile event.

 

RONALD J. HEIN, JR. ELECTED MANAGING PARTNER

 

As noted in Crain's Chicago Business and the Chicago Tribune, Franczek Sullivan P.C. elected partner Ronald J. Hein, Jr. to Managing Partner.

Announcement - ARES G. DALIANIS APPOINTED TO STATE BOARD BY GOVERNOR BLAGOJEVICH

 

Governor Rod Blagojevich has selected Partner, Ares G. Dalianis, for appointment to the State of Illinois Civil Service Board.

 

Recent Speaking Engagements and Events

 

Michael I. Richardson spoke on the topic "Lessons Learned From the Agreement Reached Between GM and UAW" at the 2008 Trustees and Administrators Institutes, which was held June 5-7 in Carlsbad, California and was sponsored by the International Foundation of Employee Benefit Plans.

 

Darcy Kriha presented twice at the LRP 29th National Institute on Special Education, which took place May 4-7, 2008. She conducted an all-day training session for new special education administrators and she presented a session on "Allergies, Asthma and Multiple Chemical Sensitivities: On the Cutting Edge of Eligibility and Accommodation." More information can be obtained at http://www.lrpinstitute.com.

 

On April 3, 2008, Amy Moor Gaylord spoke at the University of Illinois Center for Human Resource Management Spring 2008 Roundtable (entitled "Change Management During Uncertain Economic Times") at which she provided a legal update.

 

On Friday, March 7, 2008, Michael J. Hernandez was a presenter at the Illinois Institute of Continuing Legal Education's ("IICLE") six-hour CLE Diversity Workshop held at the USB Tower and Conference Center in downtown Chicago. Click here to view a .pdf of the workshop brochure.

 

Other Firm News

 

James C. Franczek, Jr. has recently become a member of The Commercial Club of Chicago, one of the City's oldest civic organizations representing business, professional, educational and cultural leaders who seek to address social and economic issues of importance in the Chicago region.

 

In addition, Mr. Franczek has been elected to the Metropolitan Planning Council's Board of Governors. The Council serves the public interest by promoting and implementing policies necessary to maintain development, growth and educational opportunities throughout the Chicago region.

 

David P. Radelet was recently appointed to the "Leading Lawyers Network" as one of the leading attorneys in the field of labor and employment law. Members of the network have been rated as superior in quality, experience and reputation by other attorneys in their field.

 

RECENT VICTORIES

 

Patti Whitten and Scott Cruz recently obtained a dismissal verdict in the Circuit Court of DuPage County on behalf of Elgin School District U-46 in the case of Joseph Caruso v. The Board Education of Elgin School District U-46 et al. In this lawsuit, the plaintiff, a current student at Bartlett High School, claimed that his former Freshman baseball coach, the School's Athletic Director, and the District, engaged in willful and wanton conduct while conducting Freshman baseball tryouts, resulting in him sustaining an injury. Scott argued the motion to dismiss for the District.  After hearing oral arguments, Judge John T. Elsner granted the District's motion to dismiss, finding that neither the Baseball Coach, the Athletic Director, nor the District had engaged in any willful and wanton conduct. Scott also successfully dismissed the co-defendant's motion for contribution against the District.

 

Patti Whitten and Scott Cruz recently obtained a dismissal verdict in the Circuit Court of Cook County on behalf of Elgin School District U-46 in the case of Lenita Taylor v. The Board of Education of Elgin School District U-46.  In this case the plaintiff, a former student at Streamwood High School, claimed that the District acted willfully and wantonly in the inspection and installation of new school lockers, resulting in her injuring her hand.  Scott argued the motion for the District.  After hearing oral arguments, Judge Jeffrey Lawrence granted the District's motion to dismiss, finding that the District had not engaged in willful and wanton conduct.

 

Bernier v. Morningstar (7th Circuit): The Seventh Circuit affirmed summary judgment for our client, Morningstar, Inc. In reaching its decision, the court once again reinforced that in order for an employer to be liable for coworker harassment, the employer must have knowledge of the harassment. The court found that Bernier's anonymous instant message to the alleged harasser (a co-worker) was insufficient to put the company on notice for the purpose of imputing liability. The court further found that this anonymous instant message did not rise to the level of statutorily protected expression and, therefore, Bernier's retaliation claim was doomed as well. The court cited to Morningstar's anti-harassment policy and complaint procedure (including the "Managing to Prevent Harassment" guide distributed to employees during their FS Solutions training!) as key in finding that Bernier knew what he was supposed to do to report harassment.

 

On behalf of Thornton Township High School District 205, Res Vazquez and Brian Crowley prevailed on a motion to dismiss a preliminary injunction related to the School District's existing bus services contract. ...more information

 

John Relias and Scott Cruz recently obtained a dismissal of a lawsuit filed in the Circuit Court of Cook County on behalf of Thornton Township High School District 205. A student contended that the high school's resource officer allegedly had committed assault and battery against him, resulting in severe emotional distress. The Court found the student's claims lacked legal merit and dismissed the case in its entirety.

 

PUBLICATIONS

 

1/6/08 "Property Tax Appeal Litigation," a new chapter in the Illinois Institute of Continuing Legal Education's ("IICLE") most recent Real Estate Litigation handbook, was co-authored by Ares G. Dalianis and Kory A. Atkinson. The chapter provides an overview of the law governing property tax appeals with a focus on the panoply of rights and remedies available to property owners and units of local government in both challenging and defending the assessment of real property. It also addresses one of the principal practical components of assessment litigation, namely, working with a real estate appraiser. IICLE publications are among the most highly regarded treatises on Illinois law and are used by attorneys throughout the state.
12/5/07 Recently Adopted Legislation Applicable to Public Employers (2007)
9/13/07 New EEO-1 Form and Regulations Create New Obligations for Employers
8/28/07

Benefits & Compensation Digest recently published an article written by Michael Richardson and Daniel Salemi. The article covers the timely issue of using a VEBA trust fund to reduce an employer's retiree health care obligations.


Click here for a copy.

 

SEMINARS & EVENTS