Meeting Information

Legislative Update - Afternoon session


March 21, 2013
12:00 PM - 5:30 PM
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Hilton Lisle/Naperville
3003 Corporate West Drive
Lisle, IL 60532


12:00-12:20  Registration
12:20-12:50  Lunch
12:50-4:30    Presentations
4:30-5:30      Social hour/Networking

Credit cards are now accepted at the door.

Learning Objective: 

Legislative Update - Learn about important recent changes in laws issued by the United States Congress, Department of Labor and the federal courts, and the new challenges and opportunities presented by these changes.

Health Care Reform Update:
Health care reform has now been a reality for more than 2 years.  We have been closely following the legislation and accompanying guidance and have carefully considered how health care reform affects employer group health plans.  The purpose of this presentation is to analyze the issues now being faced by sponsors of group health plans in complying with the health care reform laws and regulations issued to date.  

Immigration Law Update:
Immigration law is an ever-changing field, and it is important to stay abreast of the latest developments. With at least five different government agencies responsible for immigration to the US, governmental policies, practices and interpretations often change. What worked last year, or even last week, may not work today.  This employment-based immigration law update will discuss the late breaking developments and most current need-to-know issues for HR Professionals and attorneys to manage and support foreign nationals in their organizations.

ADA and FMLA Interplay in Employee Leave Issues:
For employees and employers, leave from work due to serious illness or disability is a complicated issue. Important laws on both the state and federal level may apply depending on an individual’s particular circumstances. This presentation will examine two of the applicable federal laws, the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) and their application and interplay in the context of employee leave due to illness or disability.

Employment Law Update:
Learn about important recent changes in employment laws issued by the United States Congress, Department of Labor and the federal courts, and the new challenges and opportunities presented by these changes.

About the presenters:

Anthony Antognoli:  Anthony Antognoli focuses his business practice on the representation of large and mid-size clients in the areas of employee benefits, federal taxation, and tax-exempt organization matters.

Mr. Antognoli advises employers on the design and drafting of qualified retirement plans, nonqualified deferred compensation plans, equity compensation plans and welfare benefit plans. He also regularly counsels employers on a broad range of related issues, including multiemployer pension plan withdrawal liability, employee stock ownership plans (ESOPs), educational assistance plans and other fringe benefit programs, and requirements for the investment of plan assets. He has recently devoted a substantial portion of his practice to advising employers on complying with 2010’s health care reform legislation and related guidance.

Mr. Antognoli primarily counsels clients on transactional matters, with a focus on issues arising in mergers and acquisitions. He has served as lead ERISA counsel in a $320 million acquisition of an industrial firm, as co-tax and ERISA counsel in the $90.5 million sale of a managed care firm, and as co-tax and ERISA counsel in the acquisitions of several tax-exempt health care systems.
He has also represented clients in controversies before the Internal Revenue Service and U.S. Department of Labor, and in litigation in the United States Tax Court and the United States District Court for the Northern District of Illinois. His reported cases include:

  • DeGrave v. National Automatic Merchandising Association, 39 Benefits Cas. 2871 (N.D. Ill. 2007).
  • DeGrave v. National Automatic Merchandising Association Pension Plan, 392 F.Supp.2d 1032 (N.D. Ill. 2005).


Professional Background

Since 2007, Mr. Antognoli has served as an adjunct faculty member in the Taxation LL.M. program at Loyola University Chicago School of Law.

His professional memberships include the Chicago Bar Association, where he is a member of the Employee Benefits Committee. He was the 2005–2007 Chair of the Committee’s IRS Liaison Subcommittee. He is also a member of the ESOP Association.

In 2012, Mr. Antognoli was included on the Rising Stars list, by Illinois Super Lawyers magazine.

Mr. Antognoli joined Hinshaw & Culbertson LLP in April 2003.


Elizabeth Earl

Practice Focus

Elizabeth Earl focuses her practice in the areas of employee benefits, and taxation with particular emphasis in employee, pension, welfare and ERISA benefit plans.

Ms. Earl also advises on executive deferred compensation plans with respect to compliance with Sections 409A, 162(m) and 280G.

In addition, she advises on tax and accounting issues of equity compensation plans, including nonqualified stock options, incentive stock options, restricted stock, restricted stock units, employee stock purchase plans, stock appreciation rights and other “phantom equity” arrangements. Ms. Earl consults on approaches to option timing issues, underwater stock options and shareholder dilutions.

Professional Background

Ms. Earl joined Hinshaw & Culbertson LLP in October 2010. Previously, Ms. Earl was a global equity and benefits associate in the legal department of PricewaterhouseCoopers in Philadelphia.

During law school, Ms. Earl was a law clerk with Palmerella, Curry, and Kelly, in Wayne, Pennsylvania, and was an extern to the Honorable James Alexander, Oakland County Circuit Court, in Pontiac, Michigan.

Ms. Earl is a member of the Employee Benefits Committee of the Chicago Bar Association.


Scott Gilbert

Practice Focus

Scott Gilbert advises management-side clients in a wide array of labor and employment law matters.

He is experienced in all phases of litigation, and handles employment discrimination claims before the Illinois Department of Human Rights, the Equal Employment Opportunity Commission, and the federal and Illinois state courts. Mr. Gilbert also represents employers in traditional labor disputes before the National Labor Relations Board and Illinois Educational Labor Relations Board, employee dismissal hearings and arbitrations, and wage and hour issues before the United States and Illinois Departments of Labor. He also handles defamation and breach of contract claims arising from employment circumstances.

Mr. Gilbert also regularly reviews and analyzes employee handbooks and personnel policies for his clients, and provides harassment and discrimination training.

Professional Background

Mr. Gilbert joined Hinshaw & Culbertson LLP in November 2006. Previously he was a litigation associate for two years at Cremer, Kopon, Shaughnessy & Spina, LLC in Chicago, where he began as a law clerk. While still in law school, Mr. Gilbert also clerked at Rommanuci & Blandin in Chicago, and was a legal writing tutor at Loyola.

As a member of the Loyola University Chicago School of Law Robert F. Wagner National Labor & Employment Law Moot Court Team, which won the national championship in 2003 (quarterfinalist in 2004), Mr. Gilbert was awarded the Second Best Respondent’s Brief in 2003 and 2004.

Mr. Gilbert is an adjunct member of the faculty at Loyola University Chicago School of Law, where he has taught "Advanced Writing for Civil Litigation" since 2008. Mr. Gilbert also co-taught “Labor Law” during Loyola’s fall semester 2010. In addition, since 2009, Mr. Gilbert has taught “Settlements, Releases, Negotiations & Document Retention” an annual seminar that is part of Hinshaw University, the firm’s nationwide attorney training and education program.

Mr. Gilbert is a member of the American Bar Association and the Illinois State Bar Association.


Penelope M. Lechtenberg

Practice Focus

Penelope Lechtenberg represents management in labor and employment law matters before federal and state courts and administrative agencies, including the National Labor Relations Board, Equal Employment Opportunity Commission, OSHA, U.S. Citizenship and Immigration Services, U.S. Department of Labor, Board of Alien Labor Certification Appeals, Illinois Department of Human Rights, Illinois Department of Labor, Illinois Human Rights Commission and Illinois Department of Employment Security.

Ms. Lechtenberg counsels employers on a wide range of issues, including:

  • Union campaigns and strategy
  • Collective bargaining negotiations
  • Grievance procedures
  • Discipline and discharge
  • Discrimination and harassment charges
  • Wage and hour issues
  • ERISA compliance and COBRA matters
  • All contract issues and disputes
  • Restrictive covenants
  • OSHA investigations and related safety matters
  • OFCCP compliance issues
  • Affirmative action requirements
  • Immigration rules and regulations

Ms. Lechtenberg provides employers with practical advice on all day-to-day employment-related issues. In addition to those listed above, she counsels on effective implementation of ADA and FMLA requirements, employee benefits programs, unemployment compensation procedures and hearings, and questions arising under the federal and state wage and hour laws. She regularly prepares employment agreements, separation agreements and all other forms of business contracts.

Ms. Lechtenberg also maintains a substantial business and personal immigration practice. She leads the firm’s immigration practice, advising corporate and individual clients in immigration matters involving U.S. Citizenship & Immigration Services, Department of Labor and Department of State, from immigration petitions to audits and workplace investigations.

Professional Background

In addition to her extensive client representation, Ms. Lechtenberg serves as an Arbitrator for the Circuit Court of the Seventeenth Judicial Circuit, Winnebago County, Illinois. She is a member of the Winnebago County Bar Association, the Illinois State Bar Association and the American Immigration Lawyers Association.

In 2011 and 2012, Ms. Lechtenberg was distinguished as one of "The Nation’s Most Powerful Employment Attorneys – Up-and-Comers" by Law Dragon and Human Resource Executive magazine.

Ms. Lechtenberg serves on the boards of directors of the Rockford Area Economic Development Council (2012 - Present), the Rockford Chamber of Commerce (2006 - Present) and the Stateline World Trade Association (2008 - Present).

Ms. Lechtenberg is a member of the Leading Lawyers Network, where she was selected by her peers as a Leading Lawyer in Employment Law: Management and Labor Law: Management. She was profiled in “Helping Workers and Employers Live the American Dream,” in the July 2009 Women’s Edition of Leading Lawyers Magazine. In 2010, she was included in the Leading Lawyers Magazine Women’s Edition list of Top 50 Women Downstate lawyers. In addition, she has been rated by Martindale-Hubbell for ethics and legal ability.

Ms. Lechtenberg is the Partner-in-Charge of the Rockford office of Hinshaw & Culbertson LLP. She joined Hinshaw in December 1995. Ms. Lechtenberg is a member of the firm’s Executive Committee and leads the firm’s Immigration practice.


$40.00 DuPage SHRM Member
$45.00 after 05:00 pm March 20

$60.00 Non DuPage SHRM Member
$65.00 after 05:00 pm March 20

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