The Illinois Supreme Court issued three opinions on Thursday, April 18. The ISBA's panel of leading appellate and civil attorneys reviewed the opinions and provided summaries. In People v. Buffer, the court upheld the appellate court’s decision to vacate a defendant’s 50-year prison sentence imposed for a crime he committed when he was 16 years old and remanded the case for resentencing. In People v. Kimble, the court denied a man’s motion to bar his reprosecution on double jeopardy grounds where the trial judge declared a mistrial after the jury was deadlocked. Fillmore v. Taylor addresses whether an inmate can seek relief against the Department of Corrections pursuant to mandamus or a common-law writ of certiorari based on allegations that the Department failed to follow relevant regulations.

The Illinois Supreme Court has assigned Circuit Judge Mark M. Boie of the First Judicial Circuit as an appellate court justice in the Fifth District. 

Judge Boie was assigned to fill the vacancy created by the election of Justice David K. Overstreet to the Fifth District Appellate Court. The assignment of Judge Boie takes effect on May 1, and will remain in effect until further order of the court. 

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the managing partner of an eight-attorney firm in Dayton, Ohio. We have two equity partners (both in our early 50s), two non-equity partners, and four associates. Our practice is a very niche-specific practice and there are only three or four other practices in the state that do the work that we do. There is another firm in Cleveland, Ohio, that has approached us regarding a possible merger or acquisition. The firm does similar work that our firm does. However, this firm also handles some areas we would like to get into that fall within our niche area. There are two founding partners in the firm (one in his late 60s and the other in her early 70s), one associate attorney, and four staff members. The two partners are planning on moving toward retirement and are looking for a succession strategy. They have not shared with us their timeline or any financial information. We have had one face-to-face meeting and several phone calls. We would appreciate your take on this, next steps, and whether we should pursue this matter further.

Enhance your familiarity with executive employment agreements with this in-depth online seminar on May 7. Corporate transactional attorneys, business advice lawyers, commercial litigation counsel, employment practitioners, and employee benefit lawyers with intermediate practice experience who attend this seminar will better understand: the elements of executive employment agreements; how to troubleshoot an executive employment agreement; the areas of conflict and litigation risks to be aware of; the compensation schemes for salary, benefits, bonus, and stock option plans for executive employees and manager-founders in startup situations; and areas of potential dispute.

In the digital age, technology is the cornerstone of any law firm.

With a myriad of options on the table, it’s important to ensure that you don’t forget anything when opening a new practice.

A judgment is entered as to part of your case, but other matters still remain. Can you appeal? The answer is “yes” under Illinois Supreme Court Rule 304(a), but only if you follow the guidelines set forth in Don Sampen’s April Illinois Bar Journal article, “How to Appeal Final Judgments in Ongoing Litigation.”

Sampen, a partner at Clausen, Miller P.C., has argued cases in the Illinois Supreme Court and all appellate districts, appellate courts in four other states, and in six U.S. courts of appeal. He cautions that while “Illinois Supreme Court Rule 301 begins: ‘Every final judgment of a circuit court in a civil case is appealable as of right,’ the statement is deceptively simple. While final judgments may be appealable as of right, in Illinois they are not necessarily immediately appealable upon entry. Where a final judgment is entered as to fewer than all parties or claims, one must look to Rule 304(a) to determine appealability.”

Voting is now underway in the 2019 ISBA election, and the last day to request a paper ballot is this Monday, April 15.

ISBA's election provider Election America emailed e-ballots to members with valid email addresses and mailed paper ballots to members without valid email addresses on Wednesday, March 27. 

Attorney Robert Markoff discusses why a citation to discover assets is the primary enforcement tool in Illinois.

The Illinois Supreme Court Commission on Pretrial Practices will host a series of public hearings as it works toward its final report and recommendations in December.

The commission recently released its preliminary report concerning pretrial reform in the Illinois criminal justice system. A final report with recommendations regarding the administration of pretrial justice in Illinois will be released in December.

Join us online April 30 for a comprehensive overview of President Trump’s policy regarding trade and tariffs. Small business attorneys, general practitioners, young lawyers, corporate law counsel, and transaction attorneys with basic to intermediate practice experience who attend this seminar will better understand: how to navigate the trade wars and protect your client’s interests; how the new tariffs affect businesses and what business attorneys should be advising their clients; the tariff schedule—what it is and how the classification of goods works; the updates to the “country of origin” rules; and what you should know about reducing your client’s tariff liability when importing and exporting goods.