Semiannual Guide to Expert Witnesses
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EARN MCLE CREDIT Conflict Standards for Affiliated Firms page 27
WRIT LARGE Los Angeles lawyers Mitchell E. Abbott and T. Peter Pierce examine the dilemma appellants face when a writ is issued before final judgment page 20
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20 Writ Large BY MITCHELL T. ABBOTT AND T. PETER PIERCE The California Supreme Court has reaffirmed the one final judgment rule even when a writ of mandate has been issued during litigation
27 Dangerous Liaisons BY ANDREW I. DILWORTH Promoting strategic relations with another law firm may result in the parties’ being deemed a single de facto firm subject to disqualification
Plus: Earn MCLE legal ethics credit. MCLE Test No. 153 appears on page 29.
32 Class System BY LOUIS DEGOS AND GEOFFREY V. MORSON The European Union is spearheading the movement toward class actions in Europe, but the result may not be U.S.-style litigation
40 Special Section Semiannual Guide to Expert Witnesses
The magazine of The Los Angeles County LosAngelesLawyerBar Association DEPARTMENTS
10 Barristers Tips 80 LACB Foundation Deferred entry of judgment for criminal 2005-2006 Fund Drive Results defendants BY ROBERT SOO SONG 84 Closing Argument Urban legends about the new 12 Practice Tips bankruptcy law The EPA’s “all appropriate inquiry” BY DOVIE YOANA KING standard BY KEN SWENSON 79 Index to Advertisers
75 Ethics Opinion No. 518 82 Classifieds Ethical considerations in outsourcing of legal services 83 CLE Preview
Cover Photo: Tom Keller LosAngelesLawyer VISIT US ON THE INTERNET AT www.lacba.org/lalawyer E-MAIL CAN BE SENT TO [email protected] EDITORIAL BOARD Chair JACQUELINE M. REAL-SALAS Articles Coordinator CHAD COOMBS JERROLD ABELES DANIEL L. ALEXANDER HONEY KESSLER AMADO ETHEL W. BENNETT R. J. COMER ANGELA J. DAVIS KERRY A. DOLAN GORDON ENG DANIEL A. FIORE STUART R. FRAENKEL MICHAEL A. GEIBELSON TED HANDEL JEFFREY A. HARTWICK STEVEN HECHT LAWRENCE J. IMEL SCOTT KLOPERT JOHN P. LECRONE PAUL MARKS SEAN MORRIS ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. DENNIS PEREZ GARY RASKIN DAMON RUBIN KURT L. SCHMALZ DAVID SCHNIDER HEATHER STERN GRETCHEN D. STOCKDALE TIMOTHY M. STUART KENNETH W. SWENSON CARMELA TAN BRUCE TEPPER IT’S ABOUT TIME PATRIC VERRONE MICHAEL WISE STAFF One-Visit Dentistry Publisher and Editor SAMUEL LIPSMAN Senior Editor LAUREN MILICOV Senior Editor ERIC HOWARD We know your time is valuable. That’s why we’ve invested in Art Director LES SECHLER CEREC technology that allows for a faster experience when Director of Design and Production you need crowns, fillings or veneers. With CEREC, there is no PATRICE HUGHES Advertising Director need for a temporary and return visit, in about an hour—leaving LINDA LONERO Account Executive more time for whatever is important to you. MARK NOCKELS Account Executive Ask us about CEREC and all of our other extraordinary PATTY MEDINA Marketing and Sales Coordinator dental services. TAL EDELSTEIN Advertising Coordinator WILMA TRACY NADEAU Administrative Coordinator MATTY JALLOW BABY LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August and a special issue in the fall, by the Los Angeles County Bar Association, 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213) Conveniently located in Downtown Los Angeles • Next to Morton’s Steakhouse 896-6503. Periodicals postage paid at Los Angeles, CA and additional mailing offices. Annual subscription price of $14 included in the Association membership By appointment only dues. Nonmember subscriptions: $28 annually; single copy price: $4 plus handling. Address changes must be submitted six weeks in advance of next issue date. Esthetic Dentistry Dental Group POSTMASTER: ADDRESS SERVICE REQUESTED. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055. Copyright ©2006 by the Los Angeles County Bar Association. All rights www.estheticdentistry.net reserved. Reproduction in whole or in part without permission is prohibited. Printed by Banta Publications Group, Liberty, MO. Member Business Publications (213) 553-4535 Audit of Circulation (BPA). The opinions and positions stated in signed material are those of the authors Dr. Armen Mirzayan, D.D.S. Dr. Jean Lee-Mirzayan, D.D.S. and not by the fact of publication necessarily those of the Association or its mem- bers. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing.
4 Los Angeles Lawyer November 2006 I’m all about Free Package Pickup. Running my shop is a lot easier when I’m actually in my shop.
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©2006 United States Postal Service. Eagle symbol and logotype are registered trademarks of the United States Postal Service. Postal carrier Neosia Morris, Anaheim, CA. LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012-1881 Telephone 213.627.2727 / www.lacba.org ASSOCIATION OFFICERS: President CHARLES E. MICHAELS President-Elect GRETCHEN M. NELSON Senior Vice President DANETTE E. MEYERS Vice President DON MIKE ANTHONY Treasurer JULIE K. XANDERS Assistant Vice President ALAN K. STEINBRECHER Assistant Vice President LINDA D. BARKER Assistant Vice President JOHN D. VANDEVELDE Immediate Past President EDITH R. MATTHAI Executive Director STUART A. FORSYTH Associate Executive Director/Chief Financial Officer BRUCE BERRA Associate Executive Director/General Counsel W. CLARK BROWN BOARD OF TRUSTEES P. PATRICK ASHOURI NICOLE C. BERSHON GEORGE F. BIRD JR. DANIEL S. BISHOP JOHN M. BYRNE JOHN CARSON ANTHONY PAUL DIAZ STACY L. DOUGLAS ALEXANDER S. GAREEB ANTONIO J. GONZALEZ BRIAN S. KABATECK KARL H. KNICKMEYER JR. ROBERT N. KWAN PHILIP H. LAM DAVID A. LASH LAWRENCE E. LEONE TOSHIBA digital copier, RICHARD A. LEWIS CINDY J. MACHO a law office's best friend! ELAINE W. MANDEL DAVID F. MICHAIL JEFFREY P. PALMER ELLEN A. PANSKY THOMAS F. QUILLING SUSAN ERBURU REARDON ROGER D. REYNOLDS KELLY RYAN DEBORAH CRANDALL SAXE MARGARET P. STEVENS KIM TUNG GAVIN HACHIYA WASSERMAN ERIC A. WEBBER COPYFAX COMMUNICATIONS AFFILIATED BAR ASSOCIATIONS offers "NEW LACBA Member Benefit." BEVERLY HILLS BAR ASSOCIATION Automatic 30% Off on all models of new BLACK WOMEN LAWYERS ASSOCIATION OF LOS ANGELES, INC. TOSHIBA Copiers that Copy, Fax, Print and CENTURY CITY BAR ASSOCIATION Scan to E-mail. CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES CULVER-MARINA BAR ASSOCIATION AUTOMATIC 30% DISCOUNT EASTERN BAR ASSOCIATION Quick and Easy - No Pricing Battle! GLENDALE BAR ASSOCIATION LIMITED TIME PROMO IRANIAN AMERICAN LAWYERS ASSOCIATION FREE Print and Scan Enabler for ITALIAN AMERICAN LAWYERS ASSOCIATION Networking Printing and Scanning! JAPANESE AMERICAN BAR ASSOCIATION OF GREATER LOS ANGELES JOHN M. LANGSTON BAR ASSOCIATION SPECIAL LEASE JUVENILE COURTS BAR ASSOCIATION 0 Down - 0 Interest Lease KOREAN AMERICAN BAR ASSOCIATION OF SOUTHERN CALIFORNIA Includes All Service and Supplies. LAWYERS' CLUB OF LOS ANGELES COUNTY Turn Key! LESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELES FULL REPLACEMENT WARRANTY LONG BEACH BAR ASSOCIATION It Runs Right Always or It's Replaced! MEXICAN AMERICAN BAR ASSOCIATION PASADENA BAR ASSOCIATION SAN FERNANDO VALLEY BAR ASSOCIATION SAN GABRIEL VALLEY BAR ASSOCIATION SANTA MONICA BAR ASSOCIATION SOUTH ASIAN BAR ASSOCIATION OF SOUTHERN CALIFORNIA Serving the L.A. Legal Community since 1987 SOUTH BAY BAR ASSOCIATION OF LOS ANGELES COUNTY, INC. SOUTHEAST DISTRICT BAR ASSOCIATION 5266 System Drive • Huntington Beach Please contact: Scott Baron @ 714.892.2444 ext 107 SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION Tel: 714.892.2444 Fax: 714.892.2441 E-mail: [email protected] or http: //www.copyfax.net WHITTIER BAR ASSOCIATION WOMEN LAWYERS ASSOCIATION OF LOS ANGELES
6 Los Angeles Lawyer November 2006 63(&,$/%8//(7,1
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9OUR "OARD HAS VOTED TO ISSUE AN DIVIDEND TO ALL POLICYHOLD ERS OF RECORD AS OF .OVEMBER 4HE DIVIDEND WILL BE BASED ON THE PREMIUM PAID BY THE POLICYHOL DER ON A ONE YEAR POLICY WITH AN EFFECTIVE DATE BETWEEN .OVEMBER AND /CTOBER 6RDUH\RXWKLQNLQJ ´:KHQGR,JHWP\PRQH\"µ )F YOU ARE AN ELIGIBLE POLICYHOLDER OF RECORD AS OF .OVEMBER YOUR CHECK WILL ARRIVE DURING THE $ECEMBER HOLIDAYS )T IS ALSO WORTH REMEMBERING THAT ,-)# HAS BEEN A PROVIDER OF BENElTS FOR SEVERAL DECADES 4XHVWLRQ :KDWGRHV -#,% !S A 3TATE "AR OF #ALIFORNIA APPROVED -#,% PROVIDER WE ARE PI IN LOSS PREVENTION EDUCATION AND OFFER A RANGE OF SEMINARS SEL ONEERS F STUDY AND ONLINE PROGRAMS EXCLUSIVELY FOR OUR MEMBERS AT LITTLE OR NO COST A VALUE OF OVER " #LAIMS &REE $QVZHU ,ONGEVITY #REDITS CAN START AFTER THE lRST YEAR AND h0REFERRED STATUS CAN BE EARNED AFTER JUST CONSECUTIVE YEARS n RESULTING v IN A \HDUVRI OR MORE 0REMIUM #REDIT 'LYLGHQGV !- "ESTS 2ATING OF h!v %XCELLENT WE ARE INSURANCE SPECIALISTS 0ROFESSIONAL ,IABILITY COVERAGE FOR #ALIFORNIA LAWYERS IS THE O NLY PRODUCT WE OFFER 4HROUGH SOUND AND DISCIPLINED UNDERWRITING OUR 3TANDARD 0ROGRA M RATES HAVE BEEN THE SAME FOR OVER YEARS IMAGINE THAT
6ISIT US AT WWW,-)#COM OR CALL /$:<(56·0878$/,1685$1&(&203$1<:HVW(PSLUH$YHQXH%XUEDQN&$ $IVIDENDS ARE PAID AT THE SOLE DISCRETION OF THE #OMPANYS "OARD OF $IRECTORS AND PAST DIVIDENDS DO NOT GUARANTEE THE PAYMENT OF FUTURE DIVIDENDS (310) 849-8653 From the Chair BY JACQUELINE M. REAL-SALAS [email protected]
Karen Natapoff pinion No. 518 of the Los Angeles County Bar Association Profes- Divorce Mortgage Specialist sional Responsibility and Ethics Committee, which you can find in this month’s issue, addresses whether California attorneys may out- “It is a rare mortgage broker with the skill O source legal services to lawyer and nonlawyer service providers out- and ability to bring to the dissolution table side of California. The opinion concludes that a California attorney the expertise of a mortgage broker in com- bination with an in-depth understanding of handling a civil matter may contract with an out-of-state company to have a related family law matters.” lawyer—even one who is not licensed to practice law in California—or a nonlawyer
-Nancy A. Kearson prepare a legal brief, provided that 1) the California attorney remains responsible Certified Public Accountant for reviewing the work, 2) an unconscionable fee is not charged, 3) the client’s con- fidences and secrets are protected, and 4) there is no conflict of interest with the con- “She has my highest endorsement, and I would recommend her,without reservation, tracting company. as a professional in her field.” After reading Thomas L. Friedman’s longtime best seller, The World Is Flat, I found myself imagining a room full of young, well educated people—not necessarily -Steven Knowles, Esq. Trope and Trope lawyers—in Bangalore, India, and another room full of scholars in Dalian, China, preparing legal documents. They are not just writing briefs; they are also drafting business agreements, wills and trusts, real estate transfer documents, deposition sum- maries, and the like. I also thought about the baby lawyers who currently perform our legal grunt work. In the next decade, the roles of “associate” or “paralegal,” as we know them today, may be defined very differently. Perhaps it will not even take Metrocities Mortgage, LLC is a Delaware limited liability company licensed by the California Department of Corporations under CRMLA. Information is sub- that long for the change to occur. It is daunting to imagine the direction to which ject to change without notice. This is not an offer for extension of credit or a commit- ment to lend. 0706-150B our legal economy is headed—particularly in California, where the cost of doing busi- ness is so high. In his book, Friedman asserts that wages and rents in Bangalore are one-fifth what they are in the industrialized countries of the West. As Peter Drucker noted several years ago, in the new economy every employee 20 Years Blue Chip is becoming a “knowledge worker”—that is, one who deals in information, ideas, Experience and expertise. Lawyers fit right into that definition. We are just another type of knowl- edge worker, and I recently discovered that our work is already being outsourced Resolving the alongside that of accountants, architects, and engineers. Work usually goes where it can be performed most efficiently and economically. Perhaps we will wake up to World’s Most a new legal economy sooner than we anticipated. Complex Disputes Still, I do not think that our homegrown legal profession is doomed. People will always find themselves in trouble, and we will be there to rescue them. But I agree with Friedman that there will be a shift in the way we bring value to our clients. A quality product is always necessary, but it will not be even remotely sufficient. As Friedman argues, our value will be found mostly in our personal relationships and the quality time spent with our clients. Forming and cementing these relationships takes time. Those lawyers who can solve complex problems, develop creative strate- gies, and maintain meaningful communication with clients will have flourishing prac- tices. Those who just do legal grunt work will probably have their jobs outsourced. Consider a pie chart of the income generated by your practice: How much of the Reginald A. Holmes, ESQ. income is generated by grunt work and how much from doing complex problem solv- Arbitrator - Mediator - Private Judge ing? How will you be able to replace the loss of income generated by grunt work? Intellectual Property • Entertainment Fast forward 10 years: Those of us who strengthen client relationships, change with International • Employment the times, and develop a network of outsourcing companies will remain competi- Business tive and, ultimately, in practice. We probably will not have a choice in the matter. THE HOLMES LAW FIRM For those of you who think this column does not reflect our future, I leave you with 626-432-7222 (Phone) a quote from Friedman’s book: “Change is hard. Change is hardest on those caught 626-432-7223 (Fax) by surprise. Change is hardest on those who have difficulty changing too. But change [email protected] is natural; change is not new; change is important.” ■ www.TheHolmesLawFirm.com Jacqueline M. Real-Salas is a partner at Calleton, Merritt, De Francisco & Real-Salas, LLP, Also available through the Amercian Arbitration Association where she specializes in estate planning, trust administration, probate, and elder law. She 213.362.1900 or www.adr.org is the chair of the 2006-07 Los Angeles Lawyer Editorial Board.
8 Los Angeles Lawyer November 2006
Barristers Tips BY ROBERT SOO SONG
Deferred Entry of Judgment for Criminal Defendants
PURSUANT TO CALIFORNIA PENAL CODE SECTION 1000, which gov- Should the prosecuting agency determine that a defendant is ineligi- erns deferred entry of judgment, defendants can perform community ble, the defendant’s only recourse is a postconviction appeal.3 service, pay a fine, or participate in a drug treatment program in order After determination that the offense is covered, and the prosecuting to have a criminal charge ultimately dismissed. A DEJ can be used agency has concluded that the defendant is eligible, the defendant must to keep an otherwise unblemished record clean of some less serious plead guilty to the offense. Prior to this plea of guilty, the prosecut- criminal charges. It was contemplated that DEJs would be available ing agency and defendant will have worked out the conditions to those defendants who could be more easily rehabilitated. required for the defendant to earn dismissal. The conditions of a DEJ Candidates for a DEJ include young adults charged with misde- can take as long as 18 months to complete. The guilty plea ensures meanors such as public intoxication or possession of marijuana. that the prosecuting agency is not disadvantaged by the effects of the Convictions on these charges may prevent the offender from seeking passage of time on evidence or the memories of witnesses. This is why future employment in law enforcement or edu- cation. Furthermore, for anyone under 21, a conviction on a drug or alcohol charge leads to an automatic suspension of the person’s driver’s The guilty plea bars the defendant from disputing the offenses license for one year.1 Participation in a DEJ can help a person avoid that penalty. However, DEJs are not appropriate for charged. After pleading guilty, the defendant must also those individuals with extensive criminal records. Deferred entry of judgment should be distinguished from more intensive diver- waive the right to a timely pronouncement of judgment. sion programs such as Proposition 36 and drug court, which usually encompass drug- related felonies. Drug court and Proposition 36 programs are far more prosecutors are seldom interested in less formal, non-DEJ diversion. comprehensive, court-supervised programs that usually include reg- If no guilty plea were entered, prosecuting agencies would have far ular drug testing and participation in drug treatment programs. more limited options. Defense attorneys have concocted far more informal diversion The guilty plea bars the defendant from disputing the offenses schemes not contemplated by the DEJ statute. These types of infor- charged. After pleading guilty, the defendant must also waive the right mal, non-DEJ diversions are also sought on crimes not specifically cov- to a timely pronouncement of judgment.4 During this deferral period, ered by the statute, such as driving under the influence or prostitu- the defendant can perform the agreed-upon conditions. tion. Under this type of informal diversion, defense attorneys often Although the Penal Code refers to an assessment by the probation propose that no plea be entered. However, prosecuting agencies department, this is usually impractical. Given the workloads of often frown on these types of informal, non-DEJ diversions. They argue county probation departments, a local department may decline to pro- that diversion is contemplated only under a DEJ, drug court, or vide an assessment. It usually falls to the trial courts to monitor a defen- Proposition 36. dant’s progress. After a plea of guilty is entered, progress report dates are usually set to ensure a defendant’s compliance. The DEJ’s Eligibility carrot is that upon completion of the conditions, defendants can with- Only specifically enumerated offenses are subject to diversion. They draw their pleas of guilty and have the charges dismissed. include violations of Sections 11350, 11357, 11364, 11365, 11377, However, participants in DEJs should consider the conditions of and 11550 of the Health and Safety Code, Section 647(f) of the the program carefully. Since DEJ participants have pleaded guilty to Penal Code, and Section 4060 of the Business and Professions Code. the charge, the stick is that unsatisfactory progress on or failure to It is the prosecuting agency that determines whether or not a defen- complete the conditions of the DEJ can lead to its termination, upon dant is eligible for a DEJ.2 After the prosecuting agency has concluded which judgment can be entered against the defendant, who may that the offense is covered, there are several additional inquiries then be subject to incarceration and probation. ■ required to determine eligibility. They include whether the defendant has a prior conviction for an offense involving a controlled sub- 1 See VEH. CODE §13202.5. stance, whether the offense charged involves violence, whether the 2 See PENAL CODE §1000(b). 3 defendant’s record shows that probation or parole has been revoked Id. 4 See PENAL CODE §1000.1. in the past, whether the defendant has completed or been termi- nated from diversion or a DEJ in the past five years, and whether the defendant has any felony convictions within the past five years. Robert Soo Song is a deputy city prosecutor for the city of Long Beach.
10 Los Angeles Lawyer November 2006
Practice Tips BY KEN SWENSON
The EPA’s “All Appropriate Inquiry” Standard
CONGRESS CAST AN ENORMOUS NET for environmental cleanup lia- bility when it enacted the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)1 in 1984. Signaling that cleaning contaminated sites was a paramount government goal, CERCLA (commonly known as Superfund) made fault irrelevant and foisted monetary liability for investigation and remediation (what CERCLA refers to as “response costs”) on current owners and oper- ators of contaminated sites, as well as owners and operators at the time the site was contaminated, regardless of who actually caused the contamination.2 For many years after CERCLA’s enactment, the law and its court interpretations made the purchase of even mildly envi- ronmentally contaminated properties something most investors avoided. Of course, no rule is without exceptions, and CERCLA, amended several times since its enactment, now exempts several classes of prop- erty owners or prospective owners from its broad liability scheme. These include owners of land who, among other things, acquired the subject property after the occurrence of, and did not cause or contribute to, the release or threatened release (known as innocent landowners),3 pur- just “skating by” with a perfunctory nod to items on a list. Instead, chasers of land for fair value who did not cause or contribute to a release the AAI Rule adopts a “performance-based” approach in which the or threatened release and did not know the land was contaminated when ultimate question of “how much investigation is enough” is still left they purchased (known as innocent purchasers),4 owners of land that to case-by-case consideration, to be determined in the professional is polluted by contiguous or nearby properties and who did not cause judgment of consultants, from the depth of the wallets of owners and or contribute to the release or threatened release,5 and those cleaning purchasers, and, after the fact, by the courts. up sites contaminated by others (known in the real estate industry as By developing a proper understanding of what the AAI Rule does “brownfield” sites) with CERCLA grant money.6 and does not do, real estate and legal professionals can more suc- These exemptions are not without qualification. The person seek- cessfully function within the guidelines it provides. ing to establish the exemption must show, in addition to numerous other hurdles and qualifications, that he, she, or it conducted “all What the AAI Rule Does appropriate inquiries” into the ownership and use of the subject The AAI Rule may be divided into five functions. First, it describes property prior to or on the date of the acquisition.7 Unfortunately, its objectives and its performance-based standards.10 Second, it pro- as it is wont to do, Congress did not define what would constitute vides the time frames in which all appropriate inquiries must be “all” or “appropriate” inquiries, leaving the hard work to the conducted.11 Third, it establishes necessary inquiries for the owners Environmental Protection Agency (EPA), the executive branch rule- or prospective owners seeking to satisfy the “all appropriate inquiries” making body charged with implementing CERCLA. For years, this test.12 Fourth, it sets specific professional and experience requirements requirement languished unrefined, although the industry took mat- for those who may act as “environmental professionals” under the ters into its own hands to some degree when the American Society AAI Rule.13 And fifth, it creates specific minimum standards for “all for Testing and Materials (ASTM) implemented in 1997 a set of Phase appropriate inquiry” reviews conducted by those environmental pro- I environmental due diligence standards for its members.8 fessionals.14 Within each function there is solid ground that must be After years of pressure from the real estate industry, investors and traversed, but there are also bogs and traps that must be navigated. environmental professionals—perhaps aided by a push from the Objectives and Performance-based Standards. Rather than a spectacular rise of Wall Street investment in real estate through vehi- checklist, the paradigm of the AAI Rule—which the EPA refers to as cles such as Real Estate Investment Trusts and various synthetic a “performance-based approach”—is to promote a diligent and investment products—the EPA has now published a rule to define and thoughtful review of all reasonably available information about a prop- refine the “all appropriate inquiries” standard (the AAI Rule), effec- erty by creating an open-ended process guided by limited requirements, tive November 1, 2006.9 parameters, and suggestions. If contamination is not found after However, anyone who expected the EPA to produce a checklist diligent investigation, then there may be an exemption for liability if of actions that would objectively satisfy the standard necessary to enjoy CERCLA’s liability exemptions will be disappointed. While the AAI Ken Swenson is an in-house transactional attorney with Bank of America and
RICHARD EWING Rule does create useful parameters, the AAI Rule does not sanction a member of the Los Angeles Lawyer Editorial Board.
12 Los Angeles Lawyer November 2006 Powerful Client Development resources …
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LexisNexis, the Knowledge Burst logo, Martindale-Hubbell and Shepard’s are registered trademarks of Reed Elsevier Properties Inc., used under license. AL9154 Other products or services may be trademarks or registered trademarks of their respective companies. © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. contamination is discovered at a later date. are: 1) current and past property uses and certain activities—interviews, lien searches, Satisfying or not, this approach is completely occupancies, 2) current and past uses of haz- government records reviews, and visual consistent with the goal of CERCLA to find ardous substances, 3) waste management and inspections, among others—must be com- sources of funds to pay for environmental disposal activities that could have caused pleted with 180 days prior to the date of response costs. Like CERCLA itself, the AAI releases, 4) current and past corrective actions acquisition of the subject property.20 Rule is not about escaping liability; it is about to address releases, 5) engineering controls— Information about the subject property that finding and remediating contamination. defined as physical measures in place at the was collected in connection with establishing What is the EPA’s response to concerns property to monitor or control releases or a liability exemption but was collected by that the performance-based approach leads to potential releases, 6) institutional controls others or that was collected prior to the time ambiguity and subjectivity? “The perfor- (administrative or legal orders, restrictions, or frames specified, may be used by a current mance factors are meant to guide the indi- covenants), and 7) nearby properties that owner or purchaser but must have been vidual aspects of the investigation toward have environmental conditions that may have updated within the one-year and 180-day meeting both the statutory criteria for all impacted the subject property.16 time frames, as applicable.21 appropriate inquiries and the regulatory objec- Beyond simply gathering the information, These time frames may be shorter than the tives of (1) collecting necessary informa- owners, purchasers, and their consultants escrow, option, or closing periods for some tion…and (2) identifying…conditions indica- must critically evaluate that information as to commercial property acquisitions, especially tive of releases and threatened releases.”15 In its thoroughness and reliability17 and must those where development rights, subdivision other words, the EPA wants an “all appro- identify and address so-called data gaps (lack approvals, zone changes, or similar land use priate inquiry” standard that actually ferrets of, or inability to obtain, information required changes are conditions to the closing of the out problems, not one that creates loopholes. under the AAI Rule after the exercise of good transaction. The EPA acknowledges this but In the EPA’s judgment, the best way to create faith efforts18). This critical evaluation and believes that the one-year period is the max- such a standard is not to put an upward cap analysis of missing data is what turns the imum that can be afforded before changed on performance responsibility but rather to mere collection of data into a performance- conditions could render prior investigations leave open the possibility that something based exercise. Application of an exemption invalid.22 Therefore, a purchaser involved in more may be required, thus quietly pressur- to CERCLA liability will be based equally on a lengthy closing will need to update the pur- ing property owners and environmental pro- what information is gathered, how well it is chaser’s due diligence reviews if the 180-day fessionals to take their review to the next interpreted, and what was left out. and one-year time frames are exceeded. level to avoid being second-guessed, or pass Times for Completion of All Appropriate Necessary Inquiries for Owners and on further review at their peril. Inquiry. The AAI Rule requires that the Prospective Owners. Owners and prospective To emphasize the EPA’s intention that no inquiries prescribed by the AAI Rule must be owners seeking to establish an exemption to stone is to be left unturned, the areas an completed within one year prior to the acqui- CERCLA liability must conduct the follow- owner, purchaser, or consultants must review sition of the subject property,19 except that ing four inquiries with respect to the envi- ronmental condition of the subject property. They must identify environmental liens recorded against the subject property; take expert4law–The Legal Marketplace into account “specialized knowledge of the subject property, the area surrounding the subject property, the conditions of adjoining NEED? properties, and any other experience rele- vant to the inquiry”; take into account the Expert Witnesses ● Investigators ● Legal Consultants “relationship of the purchase price to the ● ● ● Arbitrators Mediators Private Judges Special Masters fair market value of the subject property”; and and other legal support service providers take into account commonly known or rea- sonably ascertainable information about the Established in 1996, expert4law–The Legal Marketplace is the best on-line subject property.23 directory for finding expert witnesses, legal consultants, litigation support, lawyer-to- Of these, the first and last may be dele- lawyer networking, dispute resolution service providers, law office technology, and gated to a consultant. The other two inquiry research and publishing. items are the sole responsibility of owners or purchasers and are not so much investigations as they are thoughtful considerations of the This comprehensive directory is the one-stop site for your legal support needs. facts and circumstances surrounding the Available 24 hours a day! acquisition that may produce useful infor- mation that should then be brought to the attention of an environmental consultant for further review. When speaking of an owner or purchaser’s “specialized knowledge,” the AAI Rule does not address the issue of specialized knowledge of an institution. However, it would seem logical for an owner or prospective owner to take into account its institutional knowledge www.expert4law.org of a subject property (if the owner or pur- chaser is an institution). For large companies, this may mean keeping track of the special-
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Models used in this ad do not reflect any racial preference. ized knowledge of real estate business pro- tigative activities, if done under the supervi- searched for records of the property and fessionals; in-house architect, engineer or sion of a qualified environmental profes- adjacent or nearby properties and identifies land or space planning staff; in-house sional).28 To qualify as an environmental for each database the distance that nearby appraisal or environmental staff; and in- professional under the AAI Rule, a consultant properties should be from the subject prop- house legal staff (for example, through one of must satisfy one of four combinations of erty.40 The consultant may vary the distances many commercially available property man- licensure, degrees, and relevant experience.29 set forth in the AAI Rule in his or her pro- agement databases designed to track corpo- In general, a qualified consultant will have a fessional judgment but must provide a writ- rate properties). specific expertise in the area of environmen- ten rationale for the variance.41 Any information the owner or the tal contamination, and merely being techni- While the foregoing may seem to be a prospective owner has as a result of special- cally trained or otherwise well-versed in the great deal of work, the EPA notes that most ized knowledge may be provided to the envi- practice and science of environmental inves- or all of these investigations have already ronmental professional. While the AAI Rule tigations will not be sufficient.30 been built into the professional standards for makes this delivery of information to the Specific Standards for Environmental environmental professionals through the revi- consultant optional,24 it is hard to imagine the Professionals. The environmental profes- sion in 2005 of the Phase I testing standards42 situation in which an owner or prospective sional’s inquiry must include visual inspec- of the ASTM. In fact, the EPA expressly ref- owner who is serious about asserting an tions; interviews with past and present own- erences the ASTM Phase I standards and rec- exemption to CERCLA liability would not ers, operators, and occupants and their ognizes that standard as consistent with the want to share such information. Prospective employees and facility managers; and reviews AAI Rule.43 This gives consultants some owners should keep this in mind when nego- of historical sources and governmental records breathing room. However, the EPA does not tiating purchase agreements to make sure and reviews of other commonly known or adopt professional standards or existing cus- that otherwise “confidential” information reasonably ascertainable information.31 tom and practice for testing beyond the so- about the seller or the subject property may The consultant’s visual inspection must called Phase I stage. If the Phase I analysis, be shared with the purchaser’s environmen- note any physical limitations to the inspection through direct evidence or through data gaps, tal professionals. and must include adjoining properties from suggests the need for further investigation, the If the actual purchase price is below fair all reasonable vantage points, including from consultant will lack the guidance of a preap- market value, the prospective owner must rights-of-way and by aerial photography.32 proved set of standards. Moreover, following consider whether this may be the result of a Where on-site inspection is not possible the ASTM Phase I standards will not relieve release or threatened release of environmen- because of physical conditions, the consultant the consultant of the obligation to apply pro- tal contaminants.25 (The AAI Rule does not must rely on off-site vantage points or aerial fessional judgment that may require an require an appraisal in order to determine the photography, must document the efforts taken approach different from the Phase I stan- relationship of purchase price to fair market to inspect the property as well as why those dards, and does not relieve the owner or pur- value.26) Since some states statutorily require efforts were unsuccessful, and must identify chaser from liability for failure to disclose disclosure of known environmental condi- the lack of on-site visual inspection as a data information to the consultant. tions,27 and most, if not all, states follow gap.33 It is important to note that, under the The requirement that the environmental some version of the common law rules of plain language of the text accompanying the professional obtain commonly known infor- disclosure of known real property defects AAI Rule, a seller’s refusal to allow admit- mation or reasonably ascertainable infor- before a sale, it is unlikely that a sale would tance to a subject property is not a valid rea- mation about the subject property creates a be negotiated subject to a reduced purchase son under the AAI Rule for failing to conduct broad requirement that the consultant search price without the seller disclosing the existence a visual inspection.34 various public databases. The AAI Rule iden- of known or suspected contamination. If there are multiple owners of a subject tifies sources of such information as includ- Nevertheless, sellers may from time to time property, the consultant must interview all ing, without limitation, newspapers, Web attempt to keep such damaging information “major” occupants (not defined in the AAI sites, community organizations, local libraries, quiet, or purchasers may from time to time Rule) and all occupants likely to be using historical societies, local and state government not want to ask the hard questions, so pur- hazardous materials or who have likely done officials who may have knowledge of the chasers are advised to be cautious. so in the past.35 If the subject property is property (arguably including zoning and plan- Owners or prospective owners should abandoned36 and there is evidence of “unau- ning officials and building department offi- remember that delegating any of the AAI thorized uses” or “uncontrolled access,” the cials), and the ambiguous “others with knowl- Rule investigations to a consultant does not consultant is required to interview adjacent edge of the subject property.”44 relieve the owner or prospective owner of or nearby property owners who might have the responsibility of making sure they are observed or have information regarding uses What the AAI Rule Does Not Do properly completed. An owner or prospective of the abandoned property.37 The paradigm of the AAI Rule is the perfor- owner seeking an exemption to CERCLA Documents and records that the consul- mance-based approach. It does not attempt liability will not be able to assert that it is enti- tant must review include, but are not limited or purport to establish a safe harbor for exer- tled to an exemption if the investigations to, aerial photographs; fire insurance maps; cising the various CERCLA liability exemp- were faulty, even though the owner or building department records; chain of title tions. The performance-based approach raises prospective owner relied on a qualified pro- documents; land use records; and federal, several areas of concern for the party seeking fessional consultant. state, local, and tribal law records.38 These to establish the liability exemption, including Who May Act as an Environmental records must be reviewed as far back in time data gaps, determining when to stop the Professional? Prospective purchasers are as there were structures on the property, or investigation, and the after-the-fact judgment required to utilize the services of “environ- to the time when the property was first put of compliance. mental professionals” in order to satisfy the into productive use, all as determined by the Data gaps are the lack of, or inability to “all appropriate inquiry” standards (although environmental professional.39 obtain, information required under the AAI personnel not satisfying the environmental The AAI Rule provides a seemingly Rule, after the exercise of good faith efforts. professional requirements may conduct inves- exhaustive list of databases that are to be Under the AAI Rule, the owner or purchaser
16 Los Angeles Lawyer November 2006 and their consultants must identify the data ings are taken at one location or depth and investigation had been done can comfort- gaps, identify the information they consulted not a couple of feet in any direction. ably end the “all appropriate inquiry” inves- in an attempt to address the data gaps, and Another area of concern for the party tigation. In effect, this opinion requirement is comment on the significance of the gaps to the seeking to establish a CERCLA liability another way the EPA forces owners, pur- ability to identify actual or potential releases.45 exemption in the performance-based para- chasers, and their consultants not to cut cor- This is similar to an academic study or a sur- digm is determining how much investigation ners. However, it could also put consultants vey that is not complete without discussing is enough. Although there is eventually a in an uncomfortable position. Since few inves- aspects of the data collection or methodology diminishing return, how does one determine tigations have an open checkbook, the opin- that might have influenced the results. when to stop? ion requirement could force the consultant to One difficulty for the owner, purchaser, or This concern is brought to the fore in the balance reaching the right conclusions as a consultant is determining when a gap exists. AAI Rule’s test of the consultant’s confidence professional with meeting the client’s desire When information is considered on a time level in the investigative work performed. to control the cost of investigations and still scale, gaps are easy to identify, as they will be This test, almost lost as the very last sen- receive a clean bill of health for the property. marked by the absence of meaningful infor- tence of the AAI Rule, appears as the impor- While in a vacuum it is easy to assume that mation for an identifiable period. However, tant requirement that the consultant’s review science will control, the power of economics some gaps may be less obvious. For instance, must include the consultant’s opinion regard- cannot be underestimated—after all, the con- some information may be available for every ing additional appropriate investigation, if sultant must develop and maintain business. year since a property was put into productive any.46 Yet another concern the performance- use, but the quality (completeness or relia- There is something vaguely uncomfortable based approach raises is the fact that eligibility bility) of that information may have varied about giving an opinion on the need for addi- for a CERCLA liability exemption will not be over time. A conservative approach suggests tional investigation in a report that is sup- judged until well after the fact, when any that the consultant should grade the quality posed to support a claim that the party seek- possibility of correcting investigation defi- of historical information, and that low qual- ing a liability exemption could not reasonably ciencies has long since passed. Although the ity information should be identified as a pos- have discovered contamination. If the con- EPA will be the initial arbiter of whether its sible data gap. sultant were to suggest that more investiga- rules were appropriately followed, the courts In another example, it is not clear from the tion was necessary or desirable, then an owner will serve as the ultimate decision maker. AAI Rule to what extent the inability to inter- or purchaser seeking to establish an “all This could be beneficial for owners and pur- view past owners, facility managers, and appropriate inquiry” defense would almost chasers. The EPA has a mandate to find and employees of the subject property or of adja- certainly be compelled to undertake the sug- cause the remediation of contamination and cent or nearby properties will constitute a gested investigation. Only an opinion that therefore may be predisposed to disallowing reportable data gap. It will be the rare case all reasonably necessary and appropriate liability exemptions. Courts, on the other when every such person will be locatable, available, and cooperative, and so every inves- tigation will arguably have data gaps in this area. Consultants can either identify every instance in which such interviews could not be conducted (a burdensome task), or they will have to use their judgment whether there Inc is a particular time or aspect of the property ssessco or a neighboring property that cannot be adequately investigated without such inter- views, and then note those instances only. Similarly, it is customary to take boring samples at locations and depths on a site as indicated by research, and of course to stop the boring at some reasonable depth. It is always possible, however, that contaminants EPA & ALL APPROPRIATE INQUIRIES were released at a depth in between samples ENVIRONMENTAL PROFESSIONALS and traveled laterally through fissures or cracks or along naturally porous materials to another location before leaching to lower OVER 3,000 PROJECTS COMPLETED depths, and that sporadic sampling would SINCE 1995 miss this result. It is not cost-effective or rational to “Swiss cheese” a property with borings and take samples at every inch, so a “WHERE QUALITY MEETS ECONOMY” conservative report might choose to justify the location and depths at which samples are ASTM STANDARD E-1527-05 REPORTS taken based upon the properties of the antic- ipated chemical constituents and a study of the local geology and hydrology, perhaps as WWW.ASSESSCO.COM supplemented with data from previous on-site or adjacent property borings. Many reports 866-456-1125 today contain some of this analysis but do not necessarily tie it together to justify why bor-
Los Angeles Lawyer November 2006 17 hand, would be expected to be more neutral on the subject. While courts will generally show some deference to the legislative and WE ARE A LAW FIRM. rule-making branches of government, the EPA’s performance-based approach gives courts wide latitude for interpretation and WE FORM AND may provide a voice of reason. In addition to the substantial uncertainties MAINTAIN ENTITIES. that arise from the AAI Rule’s preference for flexible performance standards over a check- list approach, the AAI Rule has other limi- tations. The AAI Rule does not relieve own- ers or prospective purchasers of their other responsibilities under CERCLA and other environmental laws. For example, to assert an exemption to liability under the four cate- gories of exemption previously described, owners or prospective purchasers must take other actions, such as providing legally required notices if a release or threatened release is discovered some time after an “all appropriate inquiries” review has been com- pleted, providing full cooperation to those THAT’S ALL. who are authorized to conduct response actions, complying with present or future land use restrictions, and taking reasonable Incorporation steps to stop continuing releases or to prevent Service threatened releases, or to prevent exposure to California Incorporation Companies them.47 The AAI Rule is not intended to Determine Name Availability and Reserve Name address the requirements for what would Prepare and File Articles All Secretary of State Filing Fees constitute “reasonable steps” in compliance Custom Bylaws with these other statutory hurdles to claim- 48 Custom Organizational Minutes, authorizing the election of ing a CERCLA liability exemption. It can officers and directors, establishment of bank accounts, issuance of stock, and other matters be expected, then, that the AAI Rule also Preparation and Issuance of Share Certificates will not apply to such phrases as “took pre- Statement of Information and Filing Fees cautions against foreseeable acts” and “exer- Preparation of 25102(f) Certificate and Filing Fees* cised due care.”49 No EPA rule has provided Prepare IRS Form SS-4 and Obtain Tax Identification Number clarification in these areas. Prepare and File IRS Form 2553 to make “S” Election Armed with the understanding that the Ancillary Documents, including Promissory Notes, Medical Expense Reimbursement Plan, Employment Agreement EPA’s AAI Rule is an invitation to conduct Resident Agent Services for one year thorough diligence with a determination to Follow up to make sure that all documents are properly signed, filed, unearth actual or threatened releases that fees are paid, and formation is properly completed may be present at a subject property and is Experienced Attorneys handling every formation and available to consult on all aspects of the process not a free pass to satisfy a simple checklist, Corporate Kit, Seal, and duplicate Set of Documents on CD-ROM the current landowner or prospective pur- Accountant Copy of All Documents Delivered on CD-ROM chaser and their environmental consultants eMinutes Entity Management System (with online document library, real-time monitoring of corporate deadlines) accessible from will be in a position to make the most of the personalized Online Minute Book via secure web-based interface CERCLA statutory exemptions. ■ Automatic Enrollment in Annual Minutes System Cost $1,000 1 42 U.S.C. §§9601 et seq. 2 42 U.S.C. §9607(a). *For capitalization up to $100,000 3 42 U.S.C. §§9601(35), 9607(b)(3). 4 42 U.S.C. §§9601(40), 9607(r). 5 42 U.S.C. §9607(q). 6 42 U.S.C. §9604(k). In addition to these categories identified in this and in nn.3-5, supra, and accompa- nying text, CERCLA also excludes from liability any- one who, without participating in the management of a property, holds an indicia of ownership in property primarily to protect a security interest, known as the “security interest exemption.” Id. §9601(20)(A), (E), (G); see also Kenneth W. Swenson & Dean Stackel, Los Angeles San Diego San Francisco Toll-Free Interpreting CERCLA’s Security Interest Exemption, 310.772.7700 858.550.0191 415.876.6210 866.JEFF UNGER LOS ANGELES LAWYER, June 1992, at 30. 7 See nn.3-6, supra, and accompanying text. CERCLA www.eminutes.com www.ungerlaw.com is not limited solely to real estate. The law also cov- ers personal property and vessels. However, most
18 Los Angeles Lawyer November 2006 CERCLA-related cases and real-life situations relate to 20 AAI Rule at 66,109 (to be codified at 40 C.F.R. pt. 312.23(b)). real property and improvements. 312.20(b)). 36 “Abandoned” is defined in the AAI Rule to mean 8 American Society for Testing and Materials, Standard 21 Id. (to be codified at 40 C.F.R. pt. 312.20(c), (d)). properties that appear from visual observation to be Practice for Environmental Site Assessments: Phase 1 22 AAI Rule at 66,083. deserted, or as to which the general state of disrepair Environmental Site Assessment Process, E1527-97 23 AAI Rule at 66,110 (to be codified at 40 C.F.R. pt. or inactivity would lead a reasonable person to believe (1997), available at http://www.astm.org (superseded; 312.22). that the owner intended to relinquish possession. Id. see n.38, infra). 24 Id. (to be codified at 40 C.F.R. pt. 312.22(a)(2)). at 66,110-11 (to be codified at 40 C.F.R. pt. 312.23(d)). 9 Standards and Practices for All Appropriate Inquiries, 25 AAI Rule at 66,112 (to be codified at 40 C.F.R. pt. This does not appear to contemplate simply vacant 70 Fed. Reg. 66,070 (to be codified at 40 C.F.R. pt. 312) 312.29(b)). parcels. [hereinafter the AAI Rule]. The Federal Register pub- 26 AAI Rule at 66,100. 37 Id. at 66,110-11 (to be codified at 40 C.F.R. pt. lication that contains the AAI Rule consists of a rela- 27 See, e.g., HEALTH & SAFETY CODE §25359.7. 312.23(d)). tively short section that comprises the Code of Federal 28 AAI Rule at 66,110 (to be codified at 40 C.F.R. pt. 38 Id. at 66,111 (to be codified at 40 C.F.R. pt. Regulations sections themselves and a lengthy pream- 312.21(a)). 312.24(a)). ble discussing comments to the draft rule during the 29 AAI Rule at 66,108 (to be codified at 40 C.F.R. pt. 39 Id. (to be codified at 40 C.F.R. pt. 312.24(b)). public comment period and the EPA’s responses to those 312.10(b)). 40 Id. (to be codified at 40 C.F.R. pt. 312.26(b) and 40 comments. This preamble is similar to a legislative 30 Brokers, attorneys, and other real estate profes- C.F.R. pt. 312.26(c)). history and provides valuable insight. sionals cannot perform tasks under the AAI Rule that 41 Id. (to be codified at 40 C.F.R. pt. 312.26(d)). 10 AAI Rule at 66,109 (to be codified at 40 C.F.R. pt. are designated for environmental professionals (unless 42 American Society for Testing and Materials, Standard 312.20(e), (f)). they otherwise satisfy the licensure, education, and Practice for Environmental Site Assessments: Phase 1 11 AAI Rule at 66,108-09 (to be codified at 40 C.F.R. experience requirements). Environmental Site Assessment Process, E1527-05 pt. 312.20(a)-(c)). 31 AAI Rule at 66,110 (to be codified at 40 C.F.R. pt. (2005), available at http://www.astm.org (fee). 12 AAI Rule at 66,110-13 (to be codified at 40 C.F.R. 312.21(b) and 40 C.F.R. pt. 312.23(c)). 43 AAI Rule at 66,081 (“Persons conducting all appro- pt. 312.22, 312.25, 312.28, 312.29, 312.30, 312.31). 32 AAI Rule at 66,111-12 (to be codified at 40 C.F.R. priate inquiries may use the procedures included in the 13 AAI Rule at 66,108 (to be codified at 40 C.F.R. pt. pt. 312.27(a)). ASTM E1527-05 standard to comply with today’s 312.10). 33 Id. (to be codified at 40 C.F.R. pt. 312.27(c)). final rule.”). 14 AAI Rule at 66,110-13 (to be codified at 40 C.F.R. 34 Id. In the preamble to the AAI Rule text, the EPA 44 AAI Rule at 66,112 (to be codified at 40 C.F.R. pt. pt. 312.21, 312.23, 312.24, 312.26, 312.27, 312.30, suggests that making a good faith effort to gain access 312.30(c)). 312.31). could mitigate the failure to conduct a visual inspec- 45 AAI Rule at 66,109-10 (to be codified at 40 C.F.R. 15 AAI Rule at 66,086. See also id. at 66,109 (to be cod- tion if a seller declines access. Id. at 66,096. However, pt. 312.20(g)). ified at 40 C.F.R. pt. 312.20(e)). while the AAI Rule text allows that a visual inspection 46 AAI Rule at 66,112-13 (to be codified at 40 C.F.R. 16 AAI Rule at 66,109 (to be codified at 40 C.F.R. pt. may be excused under unusual circumstances and pt. 312.31(b)). 312.20(e)(1), (2)). when good faith efforts are attempted, the text specif- 47 AAI Rule at 66,073-74. See also 42 U.S.C. 17 Id. (to be codified at 40 C.F.R. pt. 312.20(f)(2)). ically provides that the seller’s refusal to allow access §§9601(40)(D) (prospective purchaser requirements), 18 AAI Rule at 66,108 (to be codified at 40 C.F.R. pt. is not an unusual circumstance, suggesting that the sell- 9607(q) (contiguous property owner requirements). 312.10(b)). er’s refusal to provide access will never support failing 48 AAI Rule at 66,073. 19 AAI Rule at 66,108-09 (to be codified at 40 C.F.R. to conduct a visual inspection. 49 See, e.g., 42 U.S.C. §9607(b)(3) (innocent landowner pt. 312.20(a)). 35 Id. at 66,110 (to be codified at 40 C.F.R. pt. exemption).
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19 Los Angeles Lawyer November 2006 Los Angeles Lawyer November 2006 19 by Mitchell E. Abbott and T. Peter Pierce Writ
LargeThe issuance of a writ of mandate before final judgment creates a Hobson’s choice for the potential appellant
city denies a property The city prefers to appeal the trial court’s or the real party in interest. Addressing the owner’s application decision granting the writ, but the city attor- contours and implications of this issue first for a use permit and ney is concerned that not only is there no requires an understanding of the nature of the variance to build a appealable judgment at this stage of the pro- two types of writs frequently sought in trial large addition to an ceedings but one will not be rendered until the courts as well as the history of writs and existing residential trial court disposes of the other causes of appealable judgments in California. structure. The prop- action, perhaps months later. Opposing coun- Lawsuits filed against public agencies in erty owner promptly files a petition for a sel understandably has no intention of dis- California frequently seek to compel an Awrit of mandate to compel the city to issue the missing the other causes of action and fully agency to issue a particular discretionary approvals and combines the petition with a intends to enforce the writ if the city does not approval or to set aside an approval already complaint for 1) inverse condemnation, 2) immediately comply. The city attorney fears issued.1 Code of Civil Procedure Section civil rights damages based on a denial of due that compliance will render any future appeal 1094.5 provides redress—in the form of a writ process and equal protection, and 3) injunc- moot. of administrative mandamus—for those who tive and declaratory relief. As is often the This common conundrum highlights an believe an agency has wrongly denied, or case, the property owner obtains a hearing on unresolved issue in California law: whether wrongly granted, an application. In consid- the writ petition even before the court sets a a writ of mandate may be issued and enforced trial date on the other causes of action. The prior to entry of a final judgment on all causes Mitchell E. Abbott and T. Peter Pierce are share- court grants the writ petition and issues a writ of action. This issue has the potential to con- holders in the law firm Richards, Watson & compelling the city to set aside its earlier front every practitioner who handles writ lit- Gershon. Both are certified as specialists in appel- decisions and to issue a new decision grant- igation, no matter whether the client is the late law by the State Bar of California Board of ing the development approvals. petitioner, the public agency or public official, Legal Specialization. KEN CORRAL
20 Los Angeles Lawyer November 2006 ering an application for a land use permit or cedure in Hensler v. City of Glendale.6 The Hadley, moved for entry of judgment, pre- for any other discretionary approval, an court also recognized an alternative approach: sumably in order to clear the way for filing agency must ensure that 1) it has acted within A property owner, for example, may opt to an appeal. After the trial court denied the its jurisdiction, 2) it has provided the appli- initiate a writ proceeding and simultaneously motion for entry of judgment, Hadley peti- cant with a fair hearing, 3) it has proceeded or later file a separate lawsuit asserting one tioned the court of appeal for a writ com- in the manner required by law, and 4) its or more other causes of action, such as inverse manding the trial court to enter a judgment. ultimate decision is supported by evidence in condemnation, for money damages. The Hadley’s petition did not challenge the trial the record of the proceedings.2 If a court choice lies with the petitioner/plaintiff. Almost court’s decision on the merits. Instead, it concludes a public agency violated any of invariably, however, a petitioner/plaintiff will sought narrowly to compel the trial court to these statutory dictates in granting or deny- choose to file one omnibus action, pleading enter a judgment on the ground that only a ing an application, the court may issue a the petition for writ and other causes of judgment could properly terminate the pro- peremptory writ of administrative mandamus action together. That decision may be driven ceedings in the trial court. The appellate requiring the public agency to set aside its by cost considerations, future res judicata court granted relief and commanded the trial decision and take the necessary action to concerns, or other factors. court to enter a judgment consistent with its reach a new decision. Courts may specify One might reasonably assume that the minute order. what that new decision must be, but they do courts have resolved many issues implicated The court in Cody v. Superior Court,14 not always do this. A court also may vacate by the simultaneous prosecution of a writ of although not as strident in its language as the the public agency’s decision and require the mandate and other causes of action against Hadley court, observed that “the granting agency to rehear the matter. public agencies. But the courts have not or denial of relief in mandamus proceedings Perhaps the most common error identified addressed whether a court may issue and is effectuated by a judgment rather than an by courts in administrative mandamus pro- enforce a peremptory writ (under either order.”15 Unlike Hadley, Cody did not ceedings occurs when a public agency makes Section 1085 or Section 1094.5) when other expressly criticize any earlier appellate deci- a decision that is not supported by substan- causes of action remain pending and no final sions that noted that an order granting or tial evidence in the record.3 In those cases, the judgment has been entered. denying writ relief could be appealed without court may not take additional evidence to sup- The California Supreme Court has held a final judgment. Nevertheless, the Cody ply the basis for the agency’s decision because that an action concludes with only one final court treated an appeal from an order deny- doing so would interfere with the agency’s judgment. In a 1942 decision, Bank of ing writ relief as an appeal from a final judg- exclusive discretionary powers to make deci- America v. Superior Court,7 the court held ment in a special proceeding. sions supported by substantial evidence.4 that “there can be but one judgment in an Adding to the splintered authorities on the Moreover, a court remanding a matter to an action no matter how many counts the com- issue of whether an order adjudicating a sin- agency may not order the agency to exercise plaint contains.” Three years after deciding gle cause of action is appealable (be it a writ its discretion in a particular manner when Bank of America, however, the court held in cause of action or otherwise) was the decision considering or reweighing the evidence.5 Steen v. Board of Civil Service Commis- in Schonfeld v. City of Vallejo,16 which has Public agencies and officers may not always sioners8 that an order issued by a superior since been overruled. Schonfeld created a enjoy discretion in performing official duties. court denying a writ petition was appealable somewhat amorphous exception to the “one In some instances, the law compels a public immediately. According to the court, a final final judgment rule” announced by the agency or official to take a particular action. judgment was not necessary to perfect an California Supreme Court in Bank of One of myriad examples is found in Gov- appeal from the decision on the petition for America. The trial court in Schonfeld rendered ernment Code Section 34460, which requires a writ of mandate. a judgment dismissing two causes of action the mayor and clerk of a charter city to cer- and leaving a remaining severed cause of tify any charter amendment ratified by the vot- Divergent Paths action for declaratory relief. The court of ers. If an agency or official refuses to per- These early decisions of the supreme court appeal declined “to rigidly adhere to the one form an act required by law, an aggrieved apparently prompted the intermediate appel- final judgment rule” and created the new person may file a petition in court for a writ late courts to tread two divergent paths. Some rule that an appeal may be taken when causes of “traditional” mandate under Code of Civil courts of appeal readily concluded that an of action remain in the trial court if “the cir- Procedure Section 1085. If the court con- appeal lies from an order granting or deny- cumstances…are so unusual that postpone- cludes the agency or official had no valid rea- ing mandamus relief, regardless of whether ment of the appeal until the final judg- son for refusing to perform the act, the court there is an entry of final judgment.9 In several ment…would cause so serious a hardship may issue the writ compelling the agency or of these cases, other causes of action were still and inconvenience as to require us to augment official to perform the particular act. pending when an appeal was taken from the the number of existing exceptions [to the In practice, writs of administrative man- trial court’s decision on the writ petition.10 In one final judgment rule].”17 damus issued pursuant to Section 1094.5 or others the writ petition was the only cause of Relying upon Schonfeld, the court in traditional writs of mandate under Section action asserted and the appellate court treated Highland Development Company v. City of 1085 customarily impose a deadline for a the order adjudicating the writ as a final Los Angeles18 concluded that a separate judg- public agency or public official to reach a new judgment in a special proceeding.11 ment on a writ of mandate petition was decision or to perform the required action. At least one court of appeal departed appealable even though causes of action for The agency or official later files with the from this line of cases. In Hadley v. Superior declaratory and injunctive relief had not been court a “return” attesting to compliance with Court,12 a 1972 decision, the court expressly tried: “[I]n recent years, ‘the number of exist- the writ. disagreed with Daggs v. Personnel Commis- ing exceptions’ to the one final judgment rule Petitions for writs of administrative man- sion,13 a 1969 decision holding that an order has been augmented so that ‘separate appeal- damus or for traditional writs of mandate granting or denying writ relief is appealable able judgments may be rendered on counts often are joined with other causes of action. absent a final judgment. Hadley involved a that present separate claims for relief,’ where The California Supreme Court expressly minute order issued by the trial court deny- the trial court has severed such causes of authorized the combined writ/complaint pro- ing a mandamus petition. The losing party, action from those remaining to be tried.”19
22 Los Angeles Lawyer November 2006 At least two appellate courts disagreed court in Nerhan v. Superior Court,24 relying of action, public agencies and officials often in principle with Schonfeld’s erosion of the upon Morehart, concluded that an order find themselves in a quandary when a trial one final judgment rule. In Armstrong denying a petition for a writ of mandate was court issues a peremptory writ of mandate Petroleum Corporation v. Superior Court,20 not appealable when a cause of action for commanding them to act while other causes the court went to great pains to harmonize its damages for a regulatory taking still was of action still remain pending. In those decision with Schonfeld but nevertheless rec- pending. Several years after Nerhan, the instances, the one final judgment rule pre- ognized the lack of any authority for enlarg- California Supreme Court reaffirmed its hold- cludes an appeal from the order granting the ing the class of appealable judgments beyond ing in Morehart: writ. Some writs require public agencies or that authorized by statute. The court in Day v. Papadakis21 upheld the one final judgment rule, citing Armstrong with approval and distinguishing Schonfeld.
Morehart and the One Final Judgment Rule Finally, in 1994, the California Supreme Court brought much-needed clarity to the issue of whether an appeal may be taken from anything other than a final judgment dis- posing of all causes of action. The supreme court unanimously reaffirmed the one final judgment rule in its decision in Morehart v. County of Santa Barbara22 and expressly disapproved the line of cases commencing with Schonfeld that had recognized an excep- tion to the rule. In Morehart, the County of Santa Barbara denied a property owner a permit to build a single-family dwelling. The property owner petitioned for a writ of mandate directing the county to set aside the permit denial. In the same action, the property owner brought damages claims for inverse condemnation and civil rights violations and sought declara- When an order denying a petition for officials to take action within a matter of tory and injunctive relief. The trial court writ of administrative mandate does days or weeks. But because an appeal cannot ordered the causes of action for the writ and not dispose of all causes of action be perfected at that point, litigants against declaratory and injunctive relief to be tried between the parties, allowing an appeal whom peremptory writs have been issued separately from the causes of action seeking from the denial order would defeat are deprived of the automatic stay of enforce- damages. Thereafter, the trial court entered a the purpose of the one final judgment ment28 that usually results when an appeal is judgment on the writ and declaratory and rule by permitting the very piecemeal taken from a judgment granting a writ of injunctive relief. The property owner appealed dispositions and multiple appeals the mandate. that judgment, and the court of appeal treated rule is designed to prevent.25 the judgment as appealable under the Morehart plainly does not limit its hold- Petition for Extraordinary Relief Schonfeld line of cases. ing to cases in which writ petitions were Short of seeking reconsideration in the trial The California Supreme Court held that denied. Allowing an appeal from an order court, the only possible judicial relief from the the judgment disposing of fewer than all granting a writ petition would also contra- command of a writ issued in the middle of a causes of action was not a true final judgment vene the one final judgment rule, and for case, without a final judgment, is to file a peti- and thus was not appealable: the same reason—the prospect of multiple tion for extraordinary relief—typically styled Accordingly, we hold that an appeal appeals. as a petition for a writ of mandate—in the cannot be taken from a judgment that Thus, in Connell v. Superior Court,26 the court of appeal. A few post-Morehart appel- fails to complete the disposition of all court concluded that an order granting a late decisions have treated premature notices the causes of action between the par- writ commanding the state controller to take of appeal from writs granted by trial courts ties even if the causes of action dis- certain actions was not appealable because as petitions for extraordinary relief.29 posed of by the judgment have been other claims remained undecided. Last year, But a petition for extraordinary relief in ordered to be tried separately, or may the court in In re Bay-Delta Programmatic the court of appeal under Rule 56 of the be characterized as “separate and inde- Environmental Impact Report Coordinated California Rules of Court differs markedly pendent” from those remaining. Proceedings27 observed that any appeal from from an appeal filed as a matter of right Statements to the contrary in [Schon- the grant or denial of a writ under the Cal- under Code of Civil Procedure Section feld] and its progeny are disapproved.23 ifornia Environmental Quality Act must await 904.1(a). The court of appeal is required to In the wake of Morehart, several appellate the entry of final judgment on all causes of hear an appeal and issue an opinion. In sharp courts have held that an order granting or action. contrast, petitions for extraordinary relief denying a writ of mandate is not appealable With courts now uniformly applying the frequently are denied without comment. In fis- if other causes of action remain pending and one final judgment rule to preclude appeals cal year 2003-2004, 92 percent of original thus no final judgment has been entered. The from orders disposing of fewer than all causes proceedings filed in civil cases in the courts of
Los Angeles Lawyer November 2006 23 appeal in California were disposed of with- out opinion.30 It is therefore no surprise that one court of appeal has observed, “Ex- perienced lawyers know how difficult it often is to persuade a Court of Appeal to grant extraordinary relief.”31 Another appellate court candidly stated, “Courts of Appeal are normally reluctant to grant petitions for extraordinary relief.”32 It appears to be the rare exception when courts are willing to exercise their discretion and treat premature appeals as petitions for extraordinary relief (949) 388-0524 that yield opinions fully adjudicating the issues.33 Confronted with this remote chance of success in seeking extraordinary relief, a pub- lic agency or official might decide to comply with a trial court’s writ of mandate and take the action ordered by the court. That approach, however, could forever deprive the agency or official of its right to appeal from the writ once a final judgment is entered. Compliance with a writ of mandate may ren- der moot any subsequent appeal.34 Given the current legal landscape, a trial court’s issuance of a writ of mandate without a final judgment presents public agencies and officials with a Hobson’s choice—either com- ply with the writ and risk losing any right of a subsequent appeal because of mootness, or ignore the writ until a final judgment is entered, thereby risking a citation for con- tempt of court. Despite this untenable situa- tion, however, no appellate court in California has expressly decided the question of whether a peremptory writ of mandate may be issued and enforced prior to entry of a final judgment (although many appellate decisions, without discussion, presume this to be the case).35 Perhaps courts have not had an opportunity to answer this question because of a conflu- ence of circumstances that simply could not have been foreseen: • The effect of Morehart.36 • The reluctance by courts of appeal to grant petitions for extraordinary relief. • The mooting effect of complying with a peremptory writ. • The possible contempt citation for dis- obeying a writ.
Adopting the Right Solution Nonetheless, there are three possible answers to the question. The first is that a writ of mandate may be issued and enforced absent entry of a final judgment. In that case, how- ever, the only possible remedy would be appealing the grant or denial of a writ of mandate regardless of the lack of a final judg- ment. That solution would contravene Morehart37 directly. It also would create inter- locutory proceedings which, as the Morehart court cautioned, would clog the courts with a multiplicity of appeals. Furthermore, this
24 Los Angeles Lawyer November 2006 solution almost certainly would require leg- islative action. Unless and until any legislative action is forthcoming, issuing and enforcing There is no substitute for experience. writs absent entry of a final judgment defies ■ logic. Over 1,000 Successful Mediations The second possible solution is for the ■ 12 years as a full-time mediator parties to stipulate that 1) the public agency ■ 92% of Cases Resolved in 2005 will comply with the writ, subject to its right ■ Director, Pepperdine Law School’s to appeal the order granting the writ after final judgment is entered, and 2) the public agency “Mediating the Litigated Case” program may rescind the act by which it complied with the writ if it prevails on appeal. At least LEE JAY BERMAN, Mediator one appellate court, in an unpublished opin- ion, has recognized the validity of this type of 213.383.0438 www.LeeJayBerman.com stipulation.38 The problem inherent in this solution is that it will not work unless the pre- vailing party who secured the peremptory writ agrees to remain suspended in a state of legal limbo for the extended period of time it will take to litigate the remainder of the case in the trial court and then defend any appeal. Many parties, if not most, will be unwilling to dilute their trial court victory by agreeing that the public agency, after taking the com- manded action, may rescind that action if successful on appeal. The third possible solution—and the one that courts should adopt in a post-Morehart world—is a rule that a peremptory writ of mandate simply cannot be issued and enforced except upon entry of a final judg- ment. This rule would spare the appellate courts the flood of additional appeals Morehart anticipated and presumably would reduce the number of petitions for extraor- Employment Dispute dinary relief seeking review of orders grant- ing or denying peremptory writs. Mediation Center In practice, this rule need not hamstring Mediation Center plaintiffs and petitioners by requiring them to await final judgment on all causes of action • Flat Fee/Full day mediation before enforcing a writ. A party seeking a writ • Evaluation of strengths, weaknesses and case value based of mandate as well as other relief based on upon extensive trial experience. non-writ causes of action has the choice of fil- ing two actions—1) a writ proceeding, and 2) • No additional charge regardless of time expended another action seeking all other relief. This or locale. course was expressly approved by the • All employment matters: discrimination, harassment, 39 California Supreme Court in Hensler and is contract, hour & wage, class claims, 17200, 12940, etc. certainly the preferable approach if there is an urgent need for the writ to be issued and • Our office in historic San Juan Capistrano enforced as soon as possible. If the party has (adjacent to rail transportation) or your facility. filed a separate writ proceeding, the peremp- tory writ may be issued as part of the final • Call to book a session or to receive our brochure judgment, thus paving the way for enforce- with rates and c/v. ment of the writ without compromising the • Ask to be added to our mailing and responding party’s right to meaningful appel- e-mail list. late review. Even when enforcement of the writ is stayed pending appeal, the petitioner benefits because appellate review will not be delayed by any ongoing adjudication in the ROBERT D. COVIELLO trial court of other causes of action. (949) 429-7500 Otherwise, if the writ is brought as one of many causes of action in the same lawsuit, not [email protected] only are the responding party’s appellate For your employment disputes...settle on us. rights potentially compromised if a writ issues
Los Angeles Lawyer November 2006 25 without a final judgment, but the appellate 8 Steen v. Board of Civil Serv. Comm’rs, 26 Cal. 2d 716 (1994). proceedings that may eventually conclude in (1945). 23 Id. at 743. 9 24 Nerhan v. Superior Court, 27 Cal. App. 4th 536 the petitioner’s favor on the writ cause of Dunn v. Municipal Court, 220 Cal. App. 2d 858 (1963); Daggs v. Pers. Comm’n, 1 Cal. App. 3d 925 (1994). action are delayed by the length of time it (1969); Healdsburg Police Officers Ass’n v. City of 25 Griset v. Fair Political Practices Comm’n, 25 Cal. 4th takes the trial court to adjudicate all other Healdsburg, 57 Cal. App. 3d 444 (1976); California 688, 697 (2001). causes of action and enter a final judgment. Teachers Ass’n v. Board of Educ., 109 Cal. App. 3d 738 26 Connell v. Superior Court, 59 Cal. App. 4th 382 The one final judgment rule endorsed by (1980); Elmore v. Imperial Irrigation Dist., 159 Cal. (1997). 27 Morehart40 promotes judicial economy and App. 3d 185 (1984); Highland Dev. Co. v. City of Los In re Bay-Delta Programmatic Envtl. Impact Report Angeles, 170 Cal. App. 3d 169 (1985); Bollengier v. Coordinated Proceedings, 133 Cal. App. 4th 154 efficiency and ultimately reduces the legal Doctors Med. Ctr., 222 Cal. App. 3d 1115 (1990); (2005). costs borne by the parties. The unfortunate Consaul v. City of San Diego, 6 Cal. App. 4th 1781 28 CODE CIV. PROC. §916. and no doubt unintended consequence of (1992). 29 See Connell, 59 Cal. App. 4th 382; Cohan v. City of Morehart, however, is that its rule—applied 10 California Teachers Ass’n, 109 Cal. App. 3d 738; Thousand Oaks, 30 Cal. App. 4th 547 (1994). 30 to cases in which writs are issued long before Elmore, 159 Cal. App. 3d 185; Highland Dev. Co., 170 JUDICIAL COUNCIL OF CALIFORNIA, 2005 COURT Cal. App. 3d 169. STATISTICS REPORT 33 (Table 13—Dispositions of Orig- other causes of action are decided—yields 11 Dunn, 220 Cal. App. 2d 858; Healdsburg Police inal Proceedings, Fiscal Years 2002-03 and 2003-04). harsh results. The only workable solution, Officers Ass’n, 57 Cal. App. 3d 444; Consaul, 6 Cal. 31 Green v. Amante, 3 Cal. App. 4th 684, 690 (1992). absent revisiting the one final judgment rule, App. 4th 1781. 32 City of Half Moon Bay v. Superior Court, 106 Cal. is to preclude issuance and enforcement of a 12 Hadley v. Superior Court, 29 Cal. App. 3d 389 App. 4th 795, 803 (2003). peremptory writ until the trial court enters a (1972). 33 See Connell, 59 Cal. App. 4th 382; Cohan, 30 Cal. 13 App. 4th 547. final, appealable judgment. ■ Daggs, 1 Cal. App. 3d 925. 14 Cody v. Superior Court, 238 Cal. App. 2d 275 34 MHC Operating Ltd. P’ship v. City of San Jose, 106 (1965). Cal. App. 4th 204 (2003); Ryan v. California Inter- 1 See, e.g., Morehart v. County of Santa Barbara, 7 Cal. 15 Id. at 277 n.1. scholastic Fed’n, 94 Cal. App. 4th 1033 (2001). 4th 725 (1994); Consaul v. City of San Diego, 6 Cal. 16 Schonfeld v. City of Vallejo, 50 Cal. App. 3d 401 35 See, e.g., Connell, 59 Cal. App. 4th 382; Kavanaugh App. 4th 1781 (1992). (1975), overruled by Morehart v. County of Santa v. West Sonoma County Union High Sch. Dist., 111 2 CODE CIV. PROC. §1094.5(b). Barbara, 7 Cal. 4th 725 (1994). Cal. Rptr. 2d 829 (2001) (unpublished); MHC 3 See CODE CIV. PROC. §1094.5(c). 17 Schonfeld, 50 Cal. App. 3d at 418. Operating Ltd. P’ship, 106 Cal. App. 4th 204; City of 4 Sunrise Retirement Villa v. Dear, 58 Cal. App. 4th 18 Highland Dev. Co. v. City of Los Angeles, 170 Cal. Half Moon Bay, 106 Cal. App. 4th 795. 948, 955 (1997). App. 3d 169 (1985). 36 Morehart v. County of Santa Barbara, 7 Cal. 4th 725 5 CODE CIV. PROC. §1094.5(f); Clark v. City of 19 Id. at 179 (quoting Schonfeld, 50 Cal. App. 3d at (1994). Hermosa Beach, 48 Cal. App. 4th 1152, 1174-75 418). 37 Id. (1996). 20 Armstrong Petroleum Corp. v. Superior Court, 114 38 Yamagiwa v. City of Half Moon Bay, 2005 WL 6 Hensler v. City of Glendale, 8 Cal. 4th 1 (1994). Cal. App. 3d 732 (1981). 1774402 (2005) (unpublished). 7 Bank of Am. v. Superior Court, 20 Cal. 2d 697, 701 21 Day v. Papadakis, 231 Cal. App. 3d 503 (1991). 39 Hensler v. City of Glendale, 8 Cal. 4th 1 (1994). (1942). 22 Morehart v. County of Santa Barbara, 7 Cal. 4th 725 40 Morehart, 7 Cal. 4th 725.
26 Los Angeles Lawyer November 2006 MCLE ARTICLE AND SELF-ASSESSMENT TEST By reading this article and answering the accompanying test questions, you can earn one MCLE legal ethics credit. To apply for credit, please follow the instructions on the test answer sheet on page 29.
by Andrew I. Dilworth Dangerous Liaisons
Relationships between associated firms may be scrutinized under the same standards that apply to of counsel
today’s increasingly consoli- tation of conflicts.1 Lawyers and their of dated marketplace, more counsel affiliates are effectively regarded as lawyers and law firms are enter- a single de facto firm. The current and former In ing into strategic relationships clients of each lawyer therefore become rel- that differ from classic merger or evant to all the lawyers’ respective ethical employee/shareholder models. These rela- obligations and potential disqualification tionships are cast in various terms such as motions. The State Bar of California Standing affiliations, alliances, associations, and joint Committee on Professional Responsibility ventures. Information about the existence of and Conduct has opined that an entire firm, these relationships is communicated to the not just an individual lawyer, can be of coun- public through press releases, media state- sel to another firm—and the treatment of ments, firm letterhead, and other public rep- the parties as a de facto firm affects the analy- resentations. While these relationships can sis of conflicts.2 De facto firm treatment can offer obvious benefits to the parties involved exponentially increase the conflicts applica- and to their clients, they may also carry ble to each party’s conduct. increased burdens regarding conflicts analy- The analysis of the situation involving of sis and the ethical obligations imputed to the counsel lawyers does not resolve whether parties to the relationship. In California a lawyer who is of counsel Andrew I. Dilworth is a partner at Cooper, White & to a law firm is deemed part of the law firm Cooper LLP in San Francisco, where he specializes for conflicts purposes. This includes the impu- in professional responsibility.
Los Angeles Lawyer November 2006 27 lawyers or law firms who enter into affilia- of interest of one will be imputed to the other, continuous, and regular. Parties entering into tions, associations, alliances, and other strate- with the consequence that disqualification these types of relationships would be well gic relationships but do not present themselves must follow.”8 The broad sweep of the court’s advised to incorporate each other into their as of counsel to one another carry similar bur- decision in SpeeDee Oil is captured in its conflicts-checking systems and apply the nec- dens regarding conflicts or are insulated from treatment of the of counsel attorney as a de essary conflicts analysis. Similarly, attorneys treatment as a de facto firm. While California facto member of the other party’s practice: wanting to avoid broad de facto firm treat- courts have not directly addressed the issue, From the clients’ and the public’s per- ment should give careful consideration to some observations can be made based on spective, the of counsel attorney can the representations they make about the scope existing case law and related ethics opinions. hardly be distinguished from other and nature of their relationships with other Indeed, if the relationship of the lawyers or attorneys who may be more closely attorneys. law firms is deemed “close, personal, con- tied to a firm financially. As a result, the In Formal Opinion 1993-129, the State tinuous and regular” by a court—either as a need to preserve confidentiality and Bar of California Standing Committee on matter of presumption or as a matter of public confidence in the integrity of Professional Responsibility and Conduct dis- fact—the parties may be treated as a de facto the legal profession and judicial process tinguished three types of relationships as not firm notwithstanding the designation they require that of counsel attorneys be meeting the of counsel standard: 1) a col-
By presenting the relationship to the public via firm letterhead or other public representations, lawyers face an increased likelihood that a court will make certain presumptions, perhaps irrebuttable, about public perceptions despite the actual nature of the lawyers’ relationship and any evidence of shared confidences.
place on their relationship. regarded as the same as partners, asso- laboration for an individual or occasional The term “of counsel” has specific mean- ciates, and members of law firms for matter, 2) forwarding or receiving legal busi- ing under California law. It requires, at a conflict of interest issues.9 ness, and 3) infrequent, independent con- minimum, a relationship that is “close, per- While SpeeDee Oil involved concurrent sulting.15 Because SpeeDee Oil considered sonal, continuous, and regular”3—a definition representation of adverse interests in the same Formal Opinion 1993-129 in determining embodied in case law and in the California matter (albeit for a very brief period),10 the that parties in an of counsel relationship Rules of Professional Conduct.4 A commu- language of the opinion suggests that the should be treated as a de facto firm,16 Cal- nication that states or implies that a party is imputation of conflicts in close, personal, ifornia courts may not be inclined to apply de of counsel is presumptively false and mis- continuous, and regular relationships may facto firm treatment to relationships not leading if the relationship cannot be charac- be equally applicable to former representa- meeting the of counsel definition. terized by the four-word definition.5 tions involving substantially related matters At least one federal court has suggested and the attendant concerns regarding confi- that these three types of non-of counsel rela- The SpeeDee Oil Standard dentiality.11 tionships—which could be described as “inter- In People v. SpeeDee Oil Change Systems, In an ethics opinion that predates SpeeDee nal” or “case specific” relationships—do not Inc., the California Supreme Court held that Oil by almost 15 years, the American Bar carry the same presumption of shared confi- the essence of the relationship between a firm Association’s Committee on Ethics and dences. They also do not have the same impli- and an attorney of counsel “is the closeness Professional Responsibility12 concluded that cations as of counsel relationships for the of the ‘counsel’ they share on client mat- a statement on firm letterhead that a firm is capacity to impair public perceptions of the ters.”6 According to the court, “This close, “affiliated” or “associated with” another judicial system.17 fluid, and continuing relationship, with its firm or lawyer also implicates a de facto firm SpeeDee Oil contains some support for attendant exchanges of information, advice, standard for disqualification purposes.13 this view. The SpeeDee Oil court highlighted and opinions, properly makes the of counsel Although California has no case law directly the significance of making public represen- lawyer subject to the conflict imputation rule, on point, at least one federal decision has tations and the corresponding impact these regardless of whether that attorney has any adopted the ABA’s view.14 representations have on the perceptions of financial stake in a particular matter.”7 This Given the rationale in SpeeDee Oil and the clients and the public.18 In its opinion the type of relationship, the court concluded, is opinions prior and subsequent, it is foresee- court expressly stated that the of counsel distinguishable from a cocounsel relation- able that a California court could apply a de attorney’s conflict had to be imputed to the ship and “justif[ies] a presumption that client facto firm standard to affiliations, associa- firm “because of the public designation of confidences will be disclosed and exchanged tions, alliances, and other strategic relation- their relationship.”19 in informal consultations. Hence, the conflict ships that are deemed to be close, personal, Moreover, the court in the SpeeDee Oil
28 Los Angeles Lawyer November 2006 MCLE Test No. 153 MCLE Answer Sheet #153 DANGEROUS LIAISONS
The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education legal ethics credit by the State Bar of California in the amount of 1 hour. Name Law Firm/Organization 1. In California, a lawyer who is of counsel to a law firm True. is not considered part of the law firm for conflicts pur- False. Address poses. 11. The California Supreme Court in SpeeDee Oil makes True. reference to COPRAC’s Formal Opinion 1993-129. City False. True. State/Zip 2. A California lawyer who enters into a close, personal, False. E-mail continuous, and regular relationship with another lawyer 12. The SpeeDee Oil decision, in discussing whether Phone or law firm need not worry about the possibility of imputed and when to treat lawyers or law firms as a de facto firm conflicts so long as the lawyer is not of counsel to the other for conflicts purposes, places no significance on the pub- State Bar # lawyer or law firm. lic representations that lawyers or law firms make about True. the nature of their relationship and the impact these INSTRUCTIONS FOR OBTAINING MCLE CREDITS False. representations might have on the perceptions of clients 1. Study the MCLE article in this issue. 3. Law firms that hold themselves out as affiliates do not and the public. 2. Answer the test questions opposite by marking run the risk of being treated as a de facto firm for conflicts True. the appropriate boxes below. Each question purposes. False. has only one answer. Photocopies of this True. 13. As long as lawyers or law firms who enter into affili- answer sheet may be submitted; however, this False. ations, associations, alliances, or other strategic rela- form should not be enlarged or reduced. 4. California courts have squarely held that lawyers or law tionships do not make public communications about 3. Mail the answer sheet and the $15 testing fee firms who enter into affiliations, associations, alliances, their relationship, they cannot be subject to disqualifi- ($20 for non-LACBA members) to: and other strategic relationships with other lawyers or law cation based on conflicts of interest. Los Angeles Lawyer firms are never subject to the conflict analysis that was True. MCLE Test applied by the California Supreme Court in People v. False. P.O. Box 55020 SpeeDee Oil Change Systems, Inc. 14. There is no risk of disqualification to lawyers who enter Los Angeles, CA 90055 True. into close, personal, continuous, and regular strategic rela- Make checks payable to Los Angeles Lawyer. False. tionships so long as they do not publicly announce the 5. A communication from a firm that states or implies that existence of those relationships. 4. Within six weeks, Los Angeles Lawyer will a party is of counsel is presumptively false and mis- True. return your test with the correct answers, a rationale for the correct answers, and a leading if the relationship between the party and the False. certificate verifying the MCLE credit you earned firm is not close, personal, continuous, and regular. 15. Lawyers or law firms entering into publicly announced through this self-assessment activity. True. affiliations do not face the risk of an increased conflicts 5. For future reference, please retain the MCLE False. burden. test materials returned to you. 6. In SpeeDee Oil the California Supreme Court held that True. an of counsel relationship is the same for conflicts pur- False. ANSWERS poses as a cocounsel relationship. 16. Under SpeeDee Oil, the imposition of an ethical wall Mark your answers to the test by checking the True. by lawyers or law firms who enter into affiliations, asso- appropriate boxes below. Each question has only False. ciations, alliances or other strategic relationships is a guar- one answer. 7. An attorney who does not share in the profits of a law antee against the application of a de facto firm conflicts firm cannot as a matter of law be considered a de facto standard. 1. ■ True ■ False member of the firm for conflicts purposes. True. ■ ■ True. False. 2. True False False. 17. Under California law, conflicts cannot be imputed 3. ■ True ■ False 8. The American Bar Association’s Committee on Ethics among offices that exist in different locations. 4. ■ True ■ False and Professional Responsibility concluded in a formal True. 5. ■ True ■ False ethics opinion that a statement on firm letterhead that False. a firm is “affiliated” or “associated with” another firm or 18. The fact that lawyers or law firms who enter into affil- 6. ■ True ■ False lawyer cannot implicate a de facto firm standard for dis- iations, associations, alliances or other strategic rela- 7. ■ True ■ False qualification purposes. tionships maintain separate staff, different office space, 8. ■ True ■ False True. and do not share in each other’s profits is a guarantee ■ ■ False. against de facto firm treatment for conflicts purposes. 9. True False 9. There is no need for lawyers or law firms entering into True. 10. ■ True ■ False close, personal, continuous, and regular relationships to False. 11. ■ True ■ False consider incorporating each other into their respective 19. The California Supreme Court held in SpeeDee Oil that ■ ■ conflict-checking systems. ethical walls can prevent conflict imputation to lawyers 12. True False True. who are of counsel to other lawyers or law firms. 13. ■ True ■ False False. True. 14. ■ True ■ False 10. The State Bar of California Standing Committee on False. 15. ■ True ■ False Professional Responsibility and Conduct (COPRAC) has 20. Lawyers or law firms who enter into affiliations, asso- concluded in a formal ethics opinion that relationships ciations, alliances, or other strategic relationships and 16. ■ True ■ False between lawyers or law firms involving 1) a collaboration make public announcements regarding those relation- 17. ■ True ■ False for an individual or occasional matter, 2) forwarding or ships must comply with Rule 1-400 of the California Rules 18. ■ True ■ False receiving of legal business, or 3) infrequent, independent of Professional Conduct regarding those announcements. ■ ■ consulting should be treated the same as of counsel True. 19. True False relationships for conflicts purposes. False. 20. ■ True ■ False
Los Angeles Lawyer November 2006 29 case found that a close and personal rela- treated “the same as partners, associates, and ships regarding their potential conflicts should tionship was “inherent in designating an members of law firms for conflict of interest be consistent with the actual nature of their attorney as of counsel to a firm.”20 “Close” issues.”24 relationship and the representations, if any, and “personal,” however, are not terms that In California, it is well-settled that conflicts that they make about it to the public, includ- automatically describe all other relationships are imputed firmwide.25 This concept was ing any prospective clients. California lawyers between attorneys about which no public emphasized in a California bankruptcy court are required under Rule 1-400(D) of the statement was made—through letterhead or ruling three years before SpeeDee Oil. In Rules of Professional Conduct not to make otherwise—that would give rise to any impli- that case, a lawyer’s disqualification was false or misleading statements to the public. cation regarding the availability of the affil- imputed to a firm of approximately 400 A lawyer who has made public representa- iated lawyers’ resources to their clients or lawyers with practices in 16 offices, includ- tions suggesting a close, personal, continu- the sharing of confidences between those ing 7 foreign countries. The court concluded ous, and regular relationship with another lawyers.21 that the fact the lawyer with the conflict was lawyer may be at a disadvantage in a dis- Clearly lawyers who are affiliated in some located in an office in a different state from qualification proceeding if he or she makes way but do not publicly broadcast their the location of the of counsel lawyer handling inconsistent statements while seeking to strategic relationship are still capable of shar- the litigation at issue was “of no conse- avoid the application of a de facto firm con- ing confidential information. If this infor- quence” and that “[l]ike an infectious disease, flicts standard. A court is likely to find that mation is shared, disqualification may still the disqualification affects every lawyer in the lawyer was less than forthright in argu- result. Moreover, if the lawyers, as a factual the law firm, wherever located.”26 ing that the relationship actually was not matter, have a close, personal, continuous, The imposition of an ethical wall also close, personal, continuous, and regular—or and regular relationship, their mutual obli- provides no assurance against de facto firm the lawyer made false or misleading state- gations regarding conflicts may exist despite treatment. In SpeeDee Oil, the court distin- ments to the public about the nature of the a lack of any public pronouncements about guished a number of out-of-state cases in relationship. Either way, the lawyer’s inter- the relationship. which disqualification was not granted ests will not be well served. Lawyers involved However, by presenting the relationship to because of ethical walls. The SpeeDee Oil in strategic relationships should therefore the public via firm letterhead or other public court noted that those cases involved dis- give careful consideration to any public rep- representations, lawyers face an increased crete, successive conflicting representations in resentations they have made about their rela- likelihood that a court will make certain pre- substantially related matters, not overlap- tionship when addressing conflicts or the sumptions, perhaps irrebuttable, about pub- ping periods of time in which material con- applicable conflicts standard in any disqual- lic perceptions despite the actual nature of the fidential information was obtained from par- ification proceeding. lawyers’ relationship and any evidence of ties on opposite sides of the same litigation.27 Strategic relationships between individual shared confidences. This danger is particularly The court further noted that the out-of-state lawyers or law firms can be beneficial to all acute in matters of concurrent representa- cases “applied a more lenient approach to parties involved, including clients. When tion. California applies a per se rule of dis- conflicts disqualification than prevails in lawyers affiliate with one another, they can qualification in such situations—even if the California.” The firm at issue, according to benefit from increased resources, take advan- subject matter of the concurrent matters is the SpeeDee Oil court, had failed “to demon- tage of the availability of knowledge from unrelated.22 strate that any formal screening procedure specialized practice areas or geographical Lawyers entering into publicly announced [had] prevented attorneys working on respon- locations, and realize cost savings. Lawyers affiliations should be cognizant of the dents’ behalf from being exposed to Mobil’s entering into these relationships, however, increased burden they may incur as a result confidences.”28 Although actively distin- need to be aware of the increased burdens they of broadcasting their relationship and give guishing nonbinding authority involving eth- may acquire for conflicts purposes. Those careful consideration to what is said pub- ical walls, the court did not directly hold lawyers who maintain a close, personal, con- licly about the scope and nature of their work that ethical walls could prevent conflict impu- tinuous, and regular relationship would be together. Similarly, lawyers who have not tation under California law. well advised to incorporate each other into made public representations about their rela- Nevertheless, the court’s analysis suggests their respective conflicts systems and consider tionship should emphasize this fact in mar- that courts may be willing to consider the themselves a single firm for conflicts purposes. shaling their arguments against being treated impact of an ethical wall in appropriate cir- If a conflict waiver is required by the circum- as a de facto firm. cumstances. If a conflict arises in the context stances of a single firm, prudence would dic- of successive rather than concurrent repre- tate obtaining one. Absent the waiver, the Ethical Walls sentations, parties may argue that they should affiliated lawyers are vulnerable to disquali- Lawyers should not rely on the structure of be allowed to rebut the presumption of shared fication and potential violations of ethics their practices and the placement of ethical confidences by showing the establishment of rules. Lawyers who wish to avoid single firm walls as a guarantee against the application a promptly constructed and effective ethical treatment should give careful consideration to of a de facto firm conflicts standard. The wall. Lawyers entering into strategic rela- what, if anything, they say publicly about physical location and arrangement of the tionships should follow the practice of impos- their relationship, since public pronounce- parties’ practices is not decisive in California. ing ethical walls, even though these devices are ments—and any lack of precision in those The maintenance of separate staff, different not a guarantee against disqualification under statements—could increase the likelihood of office space, and the absence of any sharing California law and may be unlikely to have a more onerous conflicts standard. The use of in one another’s profits is not a guarantee any effect in the context of concurrent rep- ethical walls is advisable but should not be against de facto firm treatment when the resentations. considered a guarantee against a finding that lawyers’ relationship is otherwise close, per- Lawyers who publicly announce their the lawyers are a de facto firm. ■ sonal, continuous, and regular.23 This fact is strategic relationship must be cognizant of underscored by the court’s conclusion in California’s rules regarding attorney adver- 1 People v. SpeeDee Oil Change Sys., Inc., 20 Cal. 4th SpeeDee Oil that lawyers with a close, per- tising and solicitation. The position taken 1135, 1155 (1999). 2 sonal, continuous, and regular relationship are by lawyers entering into affiliated relation- State Bar of Cal., Standing Comm. on Prof’l
30 Los Angeles Lawyer November 2006 Responsibility & Conduct, Formal Op. 1993-129. 3 SpeeDee Oil, 20 Cal. 4th at 1153. 4 CAL. RULES OF PROF’L CONDUCT R. 1-400(E), Standard (8). 5 CAL. RULES OF PROF’L CONDUCT R. 1-400(D), (E), Standard (8). 6 SpeeDee Oil, 20 Cal. 4th at 1153. 7 Id. at 1154; see also L.A. County Bar Ass’n Prof’l Responsibility & Ethics Comm., Ethics Op. No. 516. 8 SpeeDee Oil, 20 Cal. 4th at 1155. 9 Id. 10 Id. at 1147. 11 Id. at 1139-40, 1156. 12 See State Comp. Ins. Fund v. WPS, Inc., 70 Cal. App. 4th 644, 656 (1999) (Ethics opinions issued by the ABA Committee on Ethics and Professional Re- sponsibility are not binding in California but may be considered for guidance on proper professional con- duct, particularly when California law is silent on an issue.); see also CAL. RULES OF PROF’L CONDUCT R. 1- 100(A) (same). 13 ABA Comm. on Ethics & Prof’l Responsibility, Seeking an Experienced Arbitrator/Mediator? Formal Op. 84-351; see also ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. 94-388; but see L.A. County Bar Ass’n Prof’l Responsibility & Ethics STEVEN RICHARD SAUER, ESQ. Comm., Ethics Op. Nos. 392 & 430. COUNSELOR AT LAW • SINCE 1974 14 Mustang Enters., Inc. v. Plug-In Storage Sys., Inc., 874 F. Supp. 881, 888-89 (N.D. Ill. 1995); see also Mustang Enters., Inc. v. Plug-In Storage Sys., Inc., “He is truly a master in his art.” No. 94 C 6263, 1995 WL 55226 (N.D. Ill. Feb. 8, 6,000 1995) (reconfirming the court’s opinion following Settled over 5,000 Federal and State Litigated Cases issuance of ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. No. 94-388). 15 State Bar of Cal., Standing Comm. on Prof’l 323.933.6833 TELEPHONE ■ [email protected] E-MAIL Responsibility & Conduct, Formal Op. 1993-129. 16 SpeeDee Oil, 20 Cal. 4th at 1154. 4929 WILSHIRE BOULEVARD, SUITE 740, LOS ANGELES, CALIFORNIA 90010 17 Mustang Enters., 874 F. Supp. at 889. 18 SpeeDee Oil, 20 Cal. 4th at 1153. 19 Id. at 1156; Mustang Enters., Inc., 874 F. Supp. at 889. 20 SpeeDee Oil, 20 Cal. 4th at 1155. 21 Contrast Speedee Oil with ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. 84-351 (“When a law firm lists another as ‘affiliated’ or ‘associated’ with it, potential clients of the listing firm are led to believe that lawyers with the ‘affiliated’ or ‘associated’ firm are available to assist in the representation, at least in JACK TRIMARCO & ASSOCIATES matters that the designation may describe. The client ordinarily also expects that lawyers of the ‘affiliated’ POLYGRAPH/INVESTIGATIONS, INC. or ‘associated’ firm will not simultaneously represent persons whose interests conflict with the client’s inter- ests, just as would be true of lawyers who occupy an ‘Of Counsel’ relationship with the firm.”). 22 See Flatt v. Superior Court, 9 Cal. 4th 275, 284-86 (1994). 9454 Wilshire Blvd. 23 SpeeDee Oil, 20 Cal. 4th at 1155. 24 Id.; ABA Comm. on Ethics & Prof’l Responsibility, Sixth Floor Formal Op. 84-351. 25 Flatt, 9 Cal. 4th at 283; Truck Ins. Exch. v. Fireman’s Beverly Hills, CA 90212 Fund Ins. Co., 6 Cal. App. 4th 1050, 1060 (1992); Henriksen v. Great Am. Sav. & Loan, 11 Cal. App. 4th (310) 247-2637 TEL 109, 117 (1992); Chadwick v. Superior Court, 106 Cal. App. 3d 108, 116 (1980); Trone v. Smith, 621 F. 2d (310) 306-2720 FAX 994, 999 (9th Cir. 1980); Westinghouse Elec. Corp. v. Kerr-McGee Corp., 580 F. 2d 1311, 1318 (7th Cir. Jack Trimarco - President 1978). Former Polygraph Unit Chief 26 In re Mortgage & Realty Trust, 195 B.R. 740, 755 Los Angeles F.B.I. (1990-1998) (Bankr. C.D. Cal. 1996). email: [email protected] 27 SpeeDee Oil, 20 Cal. 4th at 1151. CA. P.I. #20970 www.jacktrimarco.com 28 Id. at 1151-52; see also Henriksen, 11 Cal. App. 4th at 115; In re Mortgage & Realty Trust, 195 B.R. at 756 Member Society of Former Special Agents Former Polygraph Inspection Team Leader (rejecting application of an exception to the imputation Federal Bureau of Investigation Office of Counter Intelligence of a conflict to an of counsel lawyer, noting that the rule U.S. Department of Energy in California regarding ethical walls permits them only for former government attorneys entering into private practice).
Los Angeles Lawyer November 2006 31 by Louis Degos and Geoffrey V. Morson CLASS SYSTEM The reforms of class action laws in Europe are as varied as the nations themselves
If one is to believe numerous press reports In countries that have procedures somewhat similar to U.S. class in recent years, it would seem that U.S.-style class actions are com- actions, such as the Netherlands, a statute for those procedures has ing to Europe. One report that garnered considerable publicity was been enacted but avoids even a local language version of what could French President Jacques Chirac’s January 2005 announcement that be confused with the specific term “class action.” For example, the France should consider adopting such litigation. But what are the real- Dutch Civil Code simply refers to “a legal proceeding which extends ities behind the headlines, and what risks do U.S. companies and their to similar claims of different persons.”1 More often a local language European subsidiaries actually face in Europe from plaintiffs pursu- term is used, which will usually not reflect similarities with U.S. ing class action types of litigation? Unfortunately, there is no single— practices. or simple—answer. Even when the terms are expressed in English (as in the U.K. or To begin with, it is impossible to equate U.S. and European legal Ireland) or are translated into English, one is still faced with a vari- terminology concerning the term “class action.” The term is well ety of terms that do not reveal whether there are any similarities with understood in the U.S. and has a virtually uniform meaning through- U.S. class actions. For instance, Ireland uses the terms “MPL” (multi- out the country. This is not the case in Europe. In some European coun- party litigation), “GLO” (group litigation order), and “group action” tries, the English term “class action” is used but does not necessar- (also used in the UK). “Group action” is also the direct translation ily mean that the procedures are the same as those in the United States. of the German term (Gruppenklage), the Swedish terms (grupptalan,
Louis Degos, a member of the Paris (France) bar, is a partner at Eversheds Frere Cholmeley, where he specializes in litigation and arbitration. Geoffrey V. Morson is a consultant to Eversheds and a member of the California and New York bars. The authors would like to acknowledge the assistance of John Heaps, worldwide head of Eversheds litigation and dispute management; Kiko Carrión, litigation partner in Eversheds Madrid; and Richard Matthews, head of Eversheds
product liability group. HADI FARAHANI
32 Los Angeles Lawyer November 2006 grupprättegång) and the Lithuanian term (ieskinys grupes vardu). Some supplemented by relevant rules of national civil procedure and local European countries prefer the idea of a “public lawsuit” (e.g., Greece, court rules. Portugal) or “collective lawsuit” (e. g., Estonia, Poland, Romania, Directive 98/27/EC cannot be equated with federal Rule 23, Spain) or “combined lawsuit” (Hungary) but without revealing what except that the directive applies to the entire European Union, just is or would be intended by “public” or “collective” or “combined.” as Rule 23 applies throughout the United States. However, the direc- Procedures somewhat akin to the U.S.-style class action exist in tive makes no provision for class certification (beyond implying that various European statutes whose names contain some of this specific the real parties in interest should be represented by an “authorized terminology. However, those procedures may be dispersed and inter- entity”), is silent on the issue of settlements, makes no provision for mingled into consumer protection statutes, various civil code and code opt-ins or opt-outs, and does not contemplate proceedings that may of civil procedure rules, and within specific statutes relating to secu- result in the award of money damages, unless the losing defendant rities regulation, environmental protection, or unfair competition. It does not comply with the court order. is as if, in order to understand class action procedures in California, one had to piece together separate information from the Civil Code, Traditional Joinder of Parties the Unruh Act, the Code of Civil Procedure, the California Rules of All European countries have a procedure whereby one or more plain- Court, the Business and Professions Code, the Labor Code, and the tiffs may be joined as parties in the same litigation. If these procedures Tom Banes Civil Rights Act, without ever encountering the general were flexible enough to accomplish the objectives of a class action, and familiar term “class action.” there might be no need for further legislation. However, this is not Even finding what looks like a European class action statute or pro- typically the case. In a number of countries, the language of the cedure (or draft legislation proposing such a law) does not mean that joinder statute is theoretically broad enough to accommodate a class there will always be functional parallels with Rule 23 of the Federal action, at the reasonable discretion of the presiding judge (for exam- Rules of Civil Procedure or with U.S. state law class action analogues. ple, when the joinder statute is worded roughly as broadly as For instance, the Swedish grupprättegång rules are considerably California Code of Civil Procedure Section 378). Under the right facts, more detailed than federal Rule 23 and are set out in a special such a statute might be enough to support a group proceeding in those Swedish statute on the subject. The rules in Lithuania, however, are countries. contained in a single sentence in the Code of Civil Procedure. On the other hand, it does not appear that even the most liber- Despite these lexicological difficulties, one can use the term “class ally worded of these statutes has been implemented in a fashion that action” to refer to any European procedure in which one or more would support a U.S.-type class action (i.e., numerous parties suing plaintiffs seek a civil legal remedy in a national court or a procedure in their own names and eligible to receive an award of money dam- in which any such remedy may be sought on their behalf. ages and other relief). In some cases, a lack of broadly permissive join- der in Europe may be due less to issues of legal interpretation than Class Actions Pursuant to EU Directive 98/27 to the fact that consumers’ and plaintiffs’ lawyers are only slowly European Union Directive 98/27/EC,2 governing injunctions for the becoming aware of the available possibilities. protection of consumers’ interests, is applicable in all 25 member coun- A number of European Union member countries seem currently tries of the EU and in Bulgaria and Romania, which are scheduled satisfied with their existing national multiparty plaintiff legislation. to become EU members in 2007. In essence, this directive provides They have, however, gone farther than merely to implement EU a mechanism whereby aggrieved consumers may seek civil relief Directive 98/27/EC or merely to allow lawyers and courts to invoke from wrongdoings which fall within the ambit of the law, but may more liberal applications of the existing national statutes on permissive only do so in an action commenced by an “authorized national joinder. Nations in this category include: entity,” as defined in Article 3 of the directive.3 • Austria. The most relevant law is the Consumer Protection Law The directive provides for the granting of injunctions but not for (Konsumentenschutzgesetz), Articles 28 and 29 (Jurisdictional Rules), money judgments, except for damages payable in the event that a los- and Article 55(4) (basic criteria for multiparty litigation). ing defendant does not comply with the injunction.4 Thus, the direc- • Czech Republic. No class actions are allowed per se, but there are tive is only partially comparable to California Civil Code Sections 1750 opportunities for joint actions by participating plaintiffs pursuant to et seq. Articles 91(1) and 93 of the Code of Civil Procedure; Article 54(1) The legislative justification behind Directive 98/27/EC was the belief of the Commercial Code, Act No. 513 of 1991, as variously amended; by the European Parliament and Council that infringements against Article 25(2) of the Consumer Protection Act; and Article 35 of the the collective interests of consumers are an unacceptable distortion Code of Civil Procedure. Under Commercial Code Article 54, an asso- of free competition within the EU internal market.5 In contrast, ciation of consumers or a legal entity that is authorized to protect the California Code of Civil Procedure Sections 378 and 384, and fed- interests of consumers may bring an action based on consumer pro- eral Rule 23, do not articulate any specific linkage between the reme- tection law. Under Article 35 of the Code of Civil Procedure, certain dies they provide and the enforcement of antitrust law. limited categories of proceedings can be initiated in the public inter- Directive 98/27/EC should be thought of as the minimal method- est by the public prosecutor. ology whereby a class action procedure exists in all EU member • Germany. Under the the German Code of Civil Procedure countries as part of the overall EU program of consumer protection (Zivilprozessordnung), joinder is generally limited to a small number and antitrust enforcement. On May 11, 2005, this directive was of parties. There are, however, limited forms of “group actions” amended by EU Directive 2005/29/EC, which makes specific refer- (under certain environmental statutes), with an association representing ence to “unfair commercial practices” against consumers. These numerous aggrieved parties as group plaintiff—for example, under directives are only 2 of more than 100 important EU enactments on Article 61 of the Federal Environmental Protection Law (Bundes- specific subjects of consumer protection.6 naturschutzgesetz), and under similar statutes in the local laws of the In one form or another, Directive 98/27/EC finds a counterpart in states (Länder) of Berlin, Brandenburg, Bremen, Hessen, Hamburg, the national law of all 25 EU member countries and Bulgaria and and Sachsen-Anhalt. Such group proceedings are also envisaged Romania. Similar laws are found in Norway and Switzerland (which under the federal Unfair Competition Law (Gesetz gegen den are not EU members) and in Turkey (which is a candidate for possi- unlauteren Wettbewerb), the Act on Restraining Orders regarding ble EU membership). In each case, the rules may be—and usually are— Consumer Rights and other Offenses (Gesetz über Unterlassungsklagen
34 Los Angeles Lawyer November 2006 bei Verbraucherrechts- und anderen Verstößen), and under the recent the food poisoning of thousands of consumers and the other to Act of 16 August 2005 on the Initiation of Model Case Proceedings flooding in Tous (Valencia) brought about by the collapse of a dam. in Respect of Investors in the Capital Markets (Gesetz zur Einführung Since the implementation of Directive 98/27/EC into Spanish law, there von Kapitalanleger-Musterverfahren vom 16. August 2005), in effect have been some notable cases of class actions seeking injunctive since November 1, 2005. This last act bears special watching since relief. The Provincial Court of Appeal of Madrid, in a judgment it is very detailed and is a carefully thought out mix, standing some- dated September 8, 2005, approved a class action relating to the price where between U.S.-style class actions and the more traditional of parking spaces, depending on the time of parking. The same court German and European models. Thus, it may provide a basis for has also issued a judgment against certain unfair terms in bank loan similar laws in other European countries as well as become a model contracts. for other types of causes of action. The act itself applies only to cer- tain disputes under the German Capital Markets Law and does not U.S.-Style Class Actions apply, for example, to product liability claims. Several European countries have class action procedures that more • Hungary. The relevant law is Act No. CLV of 1997 on Consumer closely resemble those in the United States. Nations in this group Protection (1997. Évi CLV. Törvény a Fogyasztóvédelemrõl). The include: Bureau of Consumer Affairs, organizations representing consumer • Sweden. The Group Proceedings Act9 is the statute with the great- interests, the public prosecutor, and in specific cases, the State est similarity to federal Rule 23, but even it does not have the pro- Financial Institutions Commission may pursue litigation against any cedural detail afforded by Rules 1850-1861 of the California Rules party causing substantial harm to a wide range of consumers by ille- of Court. To date, there seem to have been only six cases filed under gal activities, even if the identity of the injured consumers cannot be the Swedish statute, one of which has been reported. The text of that established. This does not affect the individual right of consumers to case can be found (in Swedish only) at the Web site of the Court of enforce their own claims by a civil lawsuit. Appeal for Western Sweden.10 It was a class action against NCC • Netherlands. Of potential wide-ranging significance is the recent Act (Construction Sweden) AB, brought directly by the aggrieved plain- on Collective Settlements (Wet collectieve afwikkeling massaschade), tiffs, rather than by an ombudsman or association. under which multiple plaintiffs may agree to settle their cases on col- • United Kingdom (England and Wales). Joinder of parties with the lective terms. There have already been two major cases brought same claim11 and “representative actions”12 have long been possible under this new law. One of them, generally known in Holland as the in the United Kingdom but are relatively uncommon. However, since DES case, which settled recently with court approval,7 involved the the introduction of the Group Litigation Orders in 2000, it has been claims of about 15,000 plaintiffs against several pharmaceutical possible for numerous claimants to pursue a group litigation action companies (including Bayer and Merck) and insurance companies. At when there are common or closely related issues of fact and law issue in the cases was whether the synthetic hormone drug diethyl- involved. Group litigation orders are subject to procedural rules and stilbestrol (DES), prescribed in Holland from about 1947 to 1976 to supervision by the court, much as in California. These rules include prevent miscarriages or premature deliveries during pregnancy, also guidance on issues such as what particulars must be included in the carried risks of causing cancer. The other Dutch case, known gener- claims, how future claims are to be dealt with, how documents are ally as the Dexia case, involves the claims of about 400,000 consumers to be disclosed among the parties, and the scope and binding effect against Dexia Bank Nederland, potentially arising out of financial leas- of judgments.13 Within this general framework, the court has wide ing and securities transactions recommended by the bank or its pre- discretion to manage group actions effectively. Typically, there will decessor in interest. That case is still pending. be one or more test cases that will resolve issues in the group action, • Spain. In addition to existing national legislation, Spain has aggres- but the law has an opt-in process so that the judgment will only bind sively enforced Directive 98/27/EC. Section 7.3 of the Act for the the claimants disclosed in the GLO register. Reorganization of the Judiciary8 provided that consumer associations Prior to the introduction of GLOs in 2000, English courts had were entitled to bring an action (but not an application for an injunc- developed ad hoc procedures to deal with multiparty actions. In the tion) in pursuit of their collective interests. In the 1980s this led to 1980s and 1990s, for example, a large number of group actions in two significant instances of collective action, one of which related to England involving the pharmaceutical industry were funded by legal
Los Angeles Lawyer November 2006 35 Statement of Ownership, Management, and Circulation aid. Nearly all these cases collapsed before proposal or to refuse it. In the latter case, the UNITED STATES POSTAL SERVICE (Required by 39 USC 3685) trial, and there was an outcry at the millions consumer would have the right to mount a of pounds of public funds that had been money damages claim before the appropriate 1. Publication Title: Los Angeles Lawyer 2. Publication Number: 01622900 wasted. As a consequence, the legal aid bud- court. The French federation of employers, 3. Filing Date: September 27, 2006 get was drastically cut, although some pub- which argues that this law would have a 4. Issue Frequency: Monthly (Except combined July/August) lic funding may still be available for multi- “heavy economic impact” upon its members, 5. Number of Issues Published Annually: 11 party actions when there is sufficient public and various French consumers’ associations, 6. Annual Subscription Price: $14.00 members; interest. Legal aid was largely replaced by which consider the damages phase to be inad- $28.00 nonmembers 7. Complete Mailing Address of Known Office of “Conditional Fee Agreements” (CFAs), under equate protection for consumers, oppose the Publication: Los Angeles Lawyer, 261 S. Figueroa which the lawyer charges no fee if the case current text of the government’s bill. Street, Suite 300, Los Angeles, CA 90012-2503 fails but is entitled to a bonus (“uplift”) of up Ireland. The Irish Law Reform Commission’s 8. Complete Mailing Address of Headquarters or 15 General Business Office of Publisher: Los to 100 percent of standard fees, based on Report on Multi-Party Litigation is a Angeles Lawyer, 261 S. Figueroa Street, Suite the hours worked, if the case succeeds. To detailed analysis and discussion that recom- 300, Los Angeles, CA 90012-2503 9. Full Names and Complete Mailing Addresses of date, CFAs have proved a less attractive mends an MPA procedure that would oper- Publisher, Editor, and Managing Editor model for claimant lawyers in complex or dif- ate on an opt-in system in which individual Publisher: Samuel L. Lipsman, Los Angeles ficult cases, with two claimant law firms litigants will be included in the group only Lawyer, 261 S. Figueroa Street, Suite 300, Los Angeles, CA 90012-2503. Editor: Samuel L. incurring losses running to several million when they agree to join the group action. Lipsman, Los Angeles Lawyer, 261 S. Figueroa pounds following the collapse of the only Italy. Various class action legislation has been Street, Suite 300, Los Angeles, CA 90012-2503. tobacco group action brought in England. proposed, such as Senate Bill 3058, which has Managing Editor: Samuel L. Lipsman, Los Angeles Lawyer, 261 S. Figueroa Street, Suite The reduction in the availability of legal aid been pending since July 2004. The most 300, Los Angeles, CA 90012-2503. Contact has also led to a drop in pharmaceutical recently proposed Italian class action legis- Person: Samuel L. Lipsman. Telephone: (213) 896-6503 industry actions. Indeed, since 2000, there lation is Senate Bill 679, introduced on June 10. Owner: Los Angeles County Bar Association, have been only about 50 GLOs initiated in 26, 2006. 261 S. Figueroa Street, Suite 300, Los Angeles, England. CA 90012-2503 Potential EU Legislation 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent On the Back Burner The uncertain state of class action law in or More of Total Amount of Bonds, Mortgages, A number of European countries have Europe leaves many questions unanswered. or Other Securities. None 12. Tax Status. The purpose, function, and nonprofit recently conducted detailed studies on For example, to what extent and by what status of this organization and the exempt status whether to introduce some form of class means can plaintiffs from more than one for federal income tax purposes: Has Not Changed During Preceding 12 Months. N/A action into their legal systems, one that would European country pursue a remedy in a sin- 13. PublicationTitle: Los Angeles Lawyer. go beyond what is provided by existing leg- gle country (multijurisdictional certification)? 14. Issue Date for Circulation Data Below: Sept. 2006 islation, either under expanded concepts of To what extent can proceedings against a 15. Extent and nature of circulation: (Column 1: Average No. Copies Each Issue During Preced- permissive joinder or under national statutes defendant in more than one country result in ing 12 months. Column 2: Number Copies of influenced by EU Directive 98/27/EC. widely divergent or inconsistent results? To Single Issue Nearest to Filing Date.) • Denmark, Finland, and Norway. Each what extent can a defendant achieve resolu- Column 1 Column 2 a. Total Number of Copies nation has recently completed an extensive tion of all national claims against it in one (Net Press Run) 24,000 24,174 study into the matter of possible class action proceeding (preferably in a jurisdiction of its b. Paid and/or Requested Circulation remedies. A proposed class action law is own choosing)? To what extent is an injunc- (1) Paid/Requested Outside-County pending in Norway. This bill is expected to tion (or money judgment) rendered in one Mail Subscriptions stated on be enacted and to go into effect some time country enforceable in another? To what Form 3541 22,666 22,851 14 (2) Paid In-County between July 2007 and January 2008. extent can plaintiffs receive government legal Subscriptions stated on • France. The Action Report of December 16, aid to pursue class action proceedings? To Form 3541 0 0 2005, and the Information Report of March what extent may modifications to the normal (3) Sales through Dealers and Carriers, Street Vendors, 14, 2006, essentially disfavor the introduction burden of proof rules play a role in class and Counter Sales) 0 0 of class actions in France. However, as action litigation? (4) Other Classes Mailed Through recently as last spring, a proposed law was The answers to all these questions could the USPS 135 135 c. Total Paid and/or Requested introduced in the French National Assembly be influenced by any policy shift at the EU Circulation 22,801 22,986 and in the French Senate regarding “collec- level. For example, EU Directive 97/80/EC d. Free Distribution by Mail 130 142 e. Free Distribution Outside tive claims.” The act would establish a two- shifts the burden of proof to employers in sex the Mail 0 0 part procedure: a class certification stage, discrimination employment cases, which may f. Total Free Distribution 130 142 with an opt-in mechanism, followed by a lia- provide a model for the EU to create addi- g. Total Distribution 22,931 23,128 h. Copies Not Distributed 1,069 1,046 bility and damages stage. Even more recently, tional, generalized procedural advantages for i. Total 24,000 24,174 in July 2006, the French government the benefit of consumer plaintiffs, without j. Percent Paid and/or 99% 99% Requested Circulation announced details of a draft law whose pur- actually adopting a class action procedure, per pose is to allow qualified consumers’ associ- se. EU Regulation 1348/2000 makes it easier 16. This Statement of Ownership will be printed in the November 2006 issue of this publication. ations to bring lawsuits for a variety of trans- to effectuate cross-border service of litiga- 17. Signature and Title of Editor, Publisher, Business actions involving consumer goods and services tion and other documents. EU Regulation Manager, or Owner: (Samuel L. Lipsman, (including certain areas of insurance and 44/2001 expands the scope and practical Publisher. Date: 9/27/06. I certify that all information furnished on this form is true and banking) in cases in which the individual value of money judgments beyond the specific complete. I understand that anyone who furnishes consumers’ damages do not exceed 2,000 jurisdiction in which they have been awarded. false or misleading information on this form or who Euros each. A preliminary phase would estab- And EU Directive 2002/8/EC sets minimum omits material or information requested on the form may be subject to criminal sanctions (including lish liability, after which the defendants would standards for legal aid in cross-border disputes fines and imprisonment) and/or civil sanctions have to offer a compensation proposal. Each involving consumers. This may be seen as a (including civil penalties). consumer would have the right to accept the European model offering consumer plain-
36 Los Angeles Lawyer November 2006 tiffs some of the advantages of U.S. contin- gency fee arrangements, at government expense, but without violating existing national rules, which usually prohibit such fee agreements. A recent EU proposed regulation (the Rome II Proposed Regulation)16 provides guidance on conflict of laws and other issues affecting noncontractual obligations, and another proposed regulation (the Rome I Proposed Regulation)17 provides guidance on forum shopping and conflict of laws issues concerning contractual obligations. If adopted as drafted, these regulations might move the cross-border litigation landscape all across the EU into territory considerably more like inter- state litigation in the United States. Also of considerable potential significance is the EU Green Paper on Damages Actions for Breach of EC Antitrust Rules18 which, pursuant to the EU’s “Lisbon Policy,” suggests that “collective actions” may be an improved and desirable way of protecting consumers harmed by breaches of antitrust law and of coupling public and private enforcement of those laws. It specifically suggests a twofold damages model, in which damages awarded to the plaintiff consumers’ associations could be calculated based upon the illegal gains of the defendant, and the damages awarded to the individual consumers (as members of the plaintiff association) could be calculated on the basis of the individual damages that each member suffered. The Green Paper also suggests punitive (double) damages for horizontal cartels, opens up the possibility that the plaintiffs’ burden of proof in antitrust damages cases could be alleviated, suggests various ways that access by private party plaintiffs to evidence might be enhanced, opens up the possibility that under certain circumstances the statutory limitations periods could be tolled, and pro- poses that the applicable law, venue, and measure of damages be in accordance with Article 5 of the Rome II Proposed Regula- tion—namely, calculated according to the law of the forum in which the damage has occurred. The Green Paper, if adopted into law in its most radical form, could substantially alter the landscape for some private enforcement of EU antitrust laws. Although Europe has no Erie doctrine as such, the assortment of options in the Green Paper offers some fas- cinating glimpses into what the future may hold for the interplay between “federal” pro- cedural law and “state” substantive law in Europe. For example, the Green Paper may herald a model through which the EU stan- dardizes many of the procedural and access- to-justice rules, but the member countries retain a degree of local autonomy regarding such substantive issues as the quantum of
Los Angeles Lawyer November 2006 37 damages. It may also herald applications of TRUST DEED FORECLOSURES Win More Motions! the model into consumer relief areas well beyond the field of antitrust, as has been the “Industry Specialists For Over 18 Years” CA Law & Motion Authorities...... $119.95 experience with Directive 98/27/EC. t Witkin & Eisinger we specialize in the Non-Judicial (Over 1,000 pages of pre-researched citations) It is not possible, at this stage, to predict A Foreclosure of obligations secured by real property CA Motions in Limine...... $119.95 or real and personal property (mixed collateral). whether the proposed regulations, let alone the (Supporting & opposition citations & samples) When your client needs a foreclosure done profession- various measures suggested and discussed in the ally and at the lowest possible cost, please call us at: CA Motions to Terminate...... $99.95 Green Paper, will be adopted and, if so, when. (Summary judgment “bible” with samples) 1-800-950-6522 It is also far too early to assess how specific We have always offered free advice to all attorneys. CA Interrogatory Index...... $89.95 strategic issues not addressed by those pro- (Support for objections, motions, privileges, etc.) posals, such as predispute contractual waiver WITKIN 888.577.3771 of class action remedies, might be resolved in EISINGER, LLC www.litigationone.com Europe. & ◆ RICHARD G. WITKIN, ESQ. CAROLE EISINGER All these issues are complex and contro- LAL6 versial enough, taken individually. However, they also are likely to tie in with other leg- islative programs that are considerably higher on the EU’s political agenda, such as the pro- 19 To sign up for our free posed REACH legislation, which will be electronic newsletter adopted and which will cause a vast change throughout the chemical industry, affecting CASE DEVELOPMENTS virtually all products that contain chemicals. IN EMPLOYMENT & Meanwhile, it is clear that the class action BUSINESS LAW phenomenon in Europe currently exhibits visit our web site at few similarities with the class actions known to U.S. attorneys, which have resulted in www.socalmediator.com thousands of cases and money judgments or call us at totalling billions of dollars. The subject bears (949) 852-0550 attentive watching in Europe, nonetheless; the landscape can change quickly and in unpredictable ways. For instance, some rel- atively small looking changes in certain European rules of evidence (burden of proof) or changes in rules limiting (or utterly pro- hibiting) European lawyers from conducting litigation on a contingency fee basis, or some combination of options derived from the Green Paper, could result in seismic changes at the class action level. Predicting what may ultimately lie in store for class actions in Europe is fraught with dif- ficulty and uncertainty. U.S. attorneys are at least accustomed to bills proceeding through the legislative process in a fairly linear fash- ion, with reasonably predictable procedures and milestones, and have come to expect that legislation that is not enacted by the current legislature will not silently roll over again and again into successive legislative sessions and cycles. The EU system works dif- ferently, and the elected EU Parliament and the unelected European Commission (both of which act in a legislative capacity) cannot be equated with any U.S. federal or state analogue. EU legislative proposals can spring into life quite suddenly, or they can languish for years and then suddenly be enacted. What can be reasonably predicted in Europe is that if class actions are ever to gain momentum it is likely that they will address specific legal subjects, such as capital markets. Whereas the U.S. approach is predominantly procedural (virtually any substantive claims might fit the procedural forms), the Con-
38 Los Angeles Lawyer November 2006 tinental European approach seems to favor a Quo Jure Corporation 1-800-843-0660 mixed focus, more weighted toward a busi- www.quojure.com ness sector or legal subject matter or type of [email protected] plaintiff group (e.g. “consumer associations”) LAWYERS’ WRITING & RESEARCH that focuses on a particular subject matter and may tend to narrow the plaintiffs’ available When you can’t do it yourself, but you still need a brief or legal theories for recovery. Thus, substantive memo done—and done well, by experienced attorneys who claims will tend to be isolated (by business sec- are skilled writers—turn to Quo Jure Corporation. tor, subject matter, or plaintiff group) and only those claims will be given preferential avenues Quo Jure provides premium legal writing and research services of judicial redress, via specific preferential to practicing attorneys. Our work has contributed to million- procedural forms. While this may be the gen- dollar settlements and judgments. Oppositions to motions for summary judgment are our specialty. Call for a free analysis eral trend, some European nations have TM The Winning Edge already enacted or proposed legislation that and estimate. may continue down a path toward U.S.-style class action litigation. ■
1 [E]en rechtsvordering…die strekt tot bescherming van gelijksoortige belangen van andere personen. BURGERLIJK WETBOEK [CIVIL CODE] art. 3:305a(1). 2 Council Directive 98/27/EC (1998). 3 Council Directive 98/27/EC, art. 3 (1998) defines “entities qualified to bring an action” as follows: For the purposes of this Directive, a “qualified entity” means any body or organization which, being properly constituted according to the law of a Member State, has a legitimate interest in ensur- ing that the provisions referred to in Article 1 are complied with, in particular: (a) one or more independent public bodies, specif- ically responsible for protecting the interests referred to in Article 1, in Member States in which such bod- ies exist and/or (b) organizations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by their national law. 4 Council Directive 98/27/EC, art. 2(1)(c) (1998). 5 Council Directive 98/27/EC, preamble 4 (1998). 6 See further COM(03)356 final (COD) and Green Paper on EU Consumer Protection, COM(01)531. See also, Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws, Council Regulation 2006/2004 (Oct. 27, 2004). 7 Gerechtshof te Amsterdam (Court of Appeal, Amsterdam, Case No. R05/1743) (settlement approved June 1, 2006). 8 Ley Orgánica 6/1985, de 6 de Julio, del Poder Judicial. 9 Lag (2002:599) om grupprättegång (SFS 2002:599). 10 Hovrätten för Västra Sverige (Reference RH 2005:20 (Ö-3408/04), available at http://www.vastrahovratten .domstol.se/. 11 CIVIL PROCEDURE RULES (U.K.) Pt. 19, R. 19. 12 Competition Act, Section 47B. 13 See CIV. PROC. RULES (U.K.) Pts. 19.3, 19.6-19.9 and 19.10-19.15. 14 Draft class action bill (Lov om mekling og rettergang i sivile tvister (tvisteloven)), Ch. 35-1 to 35-15 (Gruppesøksmål). 15 Irish Law Reform Commission, LRC-76-2005 (Sept. 2005). This report follows up on the Irish Law Reform Commission Consultation Paper, LRC CP 25-2003 (2003). 16 COM(2003)427 final (COD 2003/168 (July 22, 2003)). 17 COM(2005)650 final (COD 2005/261 (Dec. 15, 2005)). 18 Damages Actions for Breach of EC Antitrust Rules, COM(2005)672 (Dec. 19, 2005). 19 REACH (Registration, Evaluation and Authorisation of CHemicals), is a proposed EU Regulation expected to go into effect in April 2007. Its first reading in the European Parliament took place on Nov. 17, 2005.
Los Angeles Lawyer November 2006 39 The LOS ANGELES LAWYER Semiannual Guide to Expert Witnesses
ACCIDENT ANALYSIS/RECONSTRUCTION solo vehicle accident case against Caltrans. Before be- @mcsassociates.com. Web site: www.mcsassociates coming expert witnesses, employed by Los Angeles .com. Contact Norman Katz, managing partner. A R TECH FORENSIC EXPERTS, INC. County Road Department, Riverside County Road Depart- Nationally recognized banking, finance, insurance, and 18075 Ventura Boulevard, Suite 209, Encino, CA 91316, ment, City of Irvine, and Federal Highway Administration. real estate consulting group (established 1973). Experi- (818) 344-2700, fax (818) 344-3777. Engineers: experi- Knowledge of governmental agency procedures, design, enced litigation consultants/experts include senior enced, registered, advanced degrees, extensive testi- geometrics, signs, traffic controls, maintenance, and bankers, lenders, consultants, economists, accountants, mony experience. Traffic accidents (all motor vehicle pedestrian protection barriers. Hundreds of cases. Under- insurance underwriters/brokers. Specialties: lending cus- types, bicycles, pedestrians), collisions, rollovers, skid graduate work—UCLA; graduate work—Yale University. toms, practices, policies, in all types of lending (real es- marks, visibility, signal phasing, time-motion, low-speed tate, business/commercial, construction, consumer/ impact. Industrial and construction accidents: OSHA is- MR. TRUCK ACCIDENT INVESTIGATION & credit card), banking operations/administration, trusts and sues. Automotive, industrial, consumer products: brakes, RECONSTRUCTION investments, economic analysis and valuations/ seat belts, forklifts, machinery, tools, protective equip- P.O. Box 398, Brentwood, CA 94513-0398, (800) 337- damages assessment, insurance claims, coverages and ment, lawn mowers, heaters, chairs, fixtures, ladders, 4994, fax (925) 625-4995, e-mail: [email protected]. bad faith, real estate brokerage, appraisal, escrow, and scaffolds, fasteners. Premises liability: code analysis, Contact William M. Jones. Accident analysis and recon- construction defects/disputes, and title insurance. stairways, ramps, doors, gates, windows, guardrails, struction. Court-qualified expert witness regarding car vs. pools, and lighting. Slip-and-fall. Trip-and-fall. Biomechan- car, truck vs. car cases, trucking industry safety, and dri- BALLENGER, CLEVELAND & ISSA, LLC ics. Safety. Human factors. See display ad on page 46. ver training issues, including Power Point court presenta- 10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA tions. See display ad on page 44. 90024, (310) 873-1717, fax (310) 873-6600. Contact ACCIDENT RECONSTRUCTION SPECIALISTS Bruce W. Ballenger, CPA, executive managing direc- A Field Test Engineering Company, 4510 Pacific Coast RIMKUS CONSULTING GROUP, INC. tor. Services available: assist counsel in determining Highway, Suite 200, Long Beach, CA 90804, (800) 675- 2677 North Main Street, Suite 300, Santa Ana, CA 92705, overall strategy. Help evaluate depositions and evidence. 7667, fax (562) 494-7667, Contact Robert F. Douglas, (877) 978-2044, fax (714) 978-2088, e-mail: cjyaworski Provide well-prepared, well-documented, and persuasive PE. Auto/Truck/Train/Ped/Bike accidents. WWW @rimkus.com. Web site: www.rimkus.com. Contact Curt in-court testimony regarding complicated accounting, .AccidentReconstructionSpecialists.com. Three engineers Yaworski. Rimkus Consulting Group is a full-service financial, and business valuation matters, fairness of inter- with over 35 years of experience. See display ad on forensic consulting firm. Since 1983, we have provided re- est rates, feasibility of reorganization plans, fraudulent page 44. liable investigations, reports, and expert witness testi- conveyances, bankruptcies, mergers and acquisitions, mony around the world. Our engineers and consultants and management misfeasance/malfeasance. More than ARGOS ENGINEERING analyze the facts from origin and cause through extent of 100 open-court testimonies, federal and state, civil and 44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax loss. Services: construction defect and dispute analysis, criminal. See display ad on page 63. (949) 429-5972, e-mail: [email protected]. Web site: vehicle accident reconstruction, fire cause and origin, www.argos-engineering.com. Contact John D. Pratt, property evaluation, mold evaluations, indoor air quality THE CAPANALYSIS GROUP, LLC PhD, PE. Litigation consulting, testing, inspections, depo- assessments, biomechanical analysis, product failure 550 South Hope Street, Suite 1100, Los Angeles, CA sition, and trial testimony. analysis, foundation investigations, industrial accidents 90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde and explosions, water intrusion analysis, geotechnical @capanalysis.com. Web site: www.capanalysis.com. INSTITUTE OF RISK & SAFETY ANALYSES evaluations, construction accidents, construction dis- Contact Evy Wild, JD. Specialties: economic, financial, Kenneth A. Solomon, PhD, Post PhD, Chief Scientist. putes, financial analysis and assessments, forensic ac- accounting, and statistical analysis for complex litigation, 5324 Canoga Avenue, Woodland Hills, CA 91364, (818) counting, HVAC analysis, electrical failure analysis, and arbitration, regulatory proceedings, and strategic corpo- 348-1133, fax (818) 348-4484, e-mail: [email protected]. video/graphics computer animation. See display ad on rate decision making. Assist attorneys with discovery, Web site: www.irsa.us. Contact Shelli, Wes, or Jo Ann. page 57. identification of relevant economic and financial issues, Specialized staff of 23; broad range of consulting and ex- preparation of analytical models, critique of opposing ex- pert testimony; 32 years of courtroom experience. Acci- ACCIDENT INSURANCE FRAUD/STAGED perts, and expert testimony in federal and state courts, dent reconstruction, biomechanics, human factors, safety, COLLISIONS and before the FTC and DOJ. Handle matters before the accident prevention, adequacy of warnings, computer an- EC, the ITC, and the U.S. Court of international trade. imation and simulations, construction defects, criminal de- LEONARD J. SHAFFER, JD Areas of expertise include antitrust (including cutting- fense, criminal prosecution, premises, product integrity, P.O. Box 570936, Tarzana, CA 91357, (818) 343-7721, edge analyses of market definition, market power, coordi- product liability, product testing, and warnings. Auto, bi- fax (818) 996-1527, e-mail: [email protected]. nated interactions, and unilateral effects), economic dam- cycle, bus, chair, elevator, escalator, forklift, gate, ladder, Contact Leonard J. Shaffer. Thirty-five years of legal ages, business valuation, investigative and forensic ac- machinery, motorcycle, press, recreational equipment, experience in analysis, investigation and trials while em- counting and auditing, intellectual property (including roller coaster, slip/trip and fall, stairs, swimming pool, and ployed as a Los Angeles County Deputy District Attorney. patent, trademark, and copyright infringement, and valua- truck. Litigation and claims, educational seminars, de- Managed more than 100 cases concerning in excess of tion of intellectual property), insurance coverage, contract fense and plaintiff, and mediation and arbitration services. 135 defendants while assigned to the Auto Insurance disputes and tort claims, mergers and acquisitions, secu- Fraud Unit. Expert witness for Manning & Marder in cases rities fraud, and full range of jury consulting services. De- WILLIAM KUNZMAN, PE regarding “whistle blower” lawsuits. grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. 1111 Town and Country #34, Orange, CA 92868, (714) 973-8383, fax (714) 973-8821, e-mail: mail@traffic-engineer ACCOUNTING CORNERSTONE RESEARCH .com. Web site: www.traffic-engineer.com. Contact 515 South Flower Street, Suite 2900, Los Angeles, CA ADVISORS/EXPERTS @ MCS ASSOCIATES William Kunzman, PE. Traffic expert witness since 1979, 90071, (213) 553-2500, fax (213) 553-2699, e-mail: 18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) both defense and plaintiff. Auto, pedestrian, bicycle, and [email protected]. Web site: www.cornerstone motorcycle accidents. Largest settlement: $2,000,000 263-8700, fax (949) 263-0770, e-mail: experts
40 Los Angeles Lawyer November 2006 .com. Contact George G. Strong, Jr. Cornerstone Re- search provides attorneys with expert testimony and eco- nomic and financial analyses in all phases of commercial litigation. We work with faculty and industry experts in a distinctive partnership that combines the strengths of the business and academic worlds. Our areas of expertise in- clude identifying and supporting expert witnesses in intellectual property, antitrust, securities, entertainment, real estate, financial institutions, and general business litigation.
FULCRUM FINANCIAL INQUIRY 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte @fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experienced CPAs, MBAs, ASAs, CFAs, affiliated professors, and in- dustry specialists. Our analysis and research combined with unique presentation techniques have resulted in an unequaled record of successful court cases and client recoveries. Our expertise encompasses damages analy- sis, lost profit studies, business and intangible asset valu- ations, appraisals, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, computer forensics, electronic discovery, and analysis of computerized data. Degrees/licenses: CPAs, CFAs, ASAs, PhDs and MBAs in accounting, economic damages financial feasibility finance, economics, and related subjects. See display lost profits highest and best use ad on page 2. property value partnership interest /stock value GLENN M. GELMAN & ASSOCIATES, fair compensation lease disputes CERTIFIED PUBLIC ACCOUNTANTS enterprise value reorganization plan feasibility AND BUSINESS CONSULTANTS 1940 East 17th Street, Santa Ana, CA 92705, (714) 667- Waronzof Associates, Incorporated 310.954.8060 T 2600, fax (714) 667-2636. Web site: www.gmgcpa.com. 12200 W. Olympic Blvd., S uite 480 310.954.8059 F Contact Glenn Gelman. Expert witness testimony, strat- Los Angeles, CA 90064 www.waronzof.com egy development, document discovery, deposition assis- tance, computation of damages, arbitration consulting, forensic accounting, investigative auditing, rebuttal testi- mony, fiduciary accountings, and trial exhibit preparation.
JAMES E. GILL, CPA, LLP 18321 Ventura Boulevard, Suite 711, Tarzana, CA 91356, (818) 609-1199, fax (818) 609-0330, e-mail: jimgill @jgillcpa.com. Web site: www.jgillcpa.com. Contact Jim Gill. Over 25 years experience as an expert witness. Forensic accounting, securities fraud, insurance fraud, partnership disputes, corporate disputes, marital dissolu- tions, business valuations, estate valuations, all types of economic damage calculations, and tax and fraud investigations.
GURSEY, SCHNEIDER & CO., LLP 10351 Santa Monica Boulevard, Suite 300, Los Angeles, CA 90025, (310) 552-0960, fax (310) 557-3468, e-mail: [email protected] or [email protected]. Web site: www.gursey.com. Contact Roseanna Purzycki or Rory Burnett. Forensic accounting and litigation support ser- vices in the areas of marital dissolution, civil litigation, business valuation and appraisal, goodwill, business dis- putes, malpractice, tax matters, bankruptcy, damage and cost-profit assessments, insurance claims, court account- ing, tracing, and entertainment industry litigation. See dis- play ad on page 49.
HARGRAVE & HARGRAVE 520 Broadway, Suite 680, Santa Monica, CA 90401, (310) 576-1090, fax (310) 576-1080, e-mail: terry@taxwizard .com. Web site: www.taxwizard.com. Contact Terry M. Hargrave, CPA/ABV, CFE. Litigation services for family law and civil cases. Past chair of California Society of CPAs’ Family Law Section, business valuation instructor for California CPA Foundation and AICPA. Services in- clude business valuations, income available for support, tracing separate property, litigation consulting, real estate litigation, mediation, fraud investigations, damage calcu- lation, and other forensic accounting work.
Los Angeles Lawyer November 2006 41 KROLL STONEFIELD JOSEPHSON ADA/DISABILITY DISCRIMINATION 777 South Figueroa Street, Suite 2400, Los Angeles, CA Valuation, Litigation and Forensic Services Group. 2049 90017, (213) 443-6090, fax (213) 443-6054. Contact Troy Century Park East, Suite 400, Los Angeles, CA 90067. BIDDLE CONSULTING GROUP, INC. Dahlberg, CPA/ABV, [email protected], Christian (310) 453-9400. Web site: www.sjaccounting.com. 193 Blue Ravine Road, Suite 270, Folsom, CA 95630, Tregillis, CPA/ABV, [email protected] or Douglas Contact Jeff Sumpter or Stefano Vranca, directors of (916) 294-4250, fax (916) 294-4255, e-mail: staff@biddle Farrow, CPA/CFE, [email protected]. Investigations, litigation support and forensic services, or Mark .com. Web site: www.biddle.com. Contact Dan Biddle, economic damages and valuation firm with offices across Stepka, director of business valuation services. The PhD, president. We specialize in compensation analysis, the country and around the globe. Specialties include ac- Stonefield Josephson Valuation, Litigation and Forensic test development, EEO/AA reviews, validation studies counting, financial, economic and statistical analysis, as Services Group serves business leaders, attorneys, and (content, criterion-related), and adverse impact analyses. well as computer forensics, in the context of commercial other professionals with business valuation, litigation sup- We have a special emphasis in the protective service litigation and forensic investigations; accounting/fraud, se- port, and forensic accounting services. Stonefield fields. Over 30 staff. Degrees/licenses: MA, PhD, other curities, intellectual property (including damages analy- Josephson serves public and privately held clients staff with various degrees. ses, licensing and valuation), breach of contract, lost prof- throughout the United States and internationally from four its, royalty audits, corporate governance, business valua- California locations: Los Angeles, Orange County, San HAIGHT CONSULTING tion, real estate, construction, and bankruptcy. Practition- Francisco, and East Bay. See display ad on page 11. 1726 Palisades Drive, Pacific Palisades, CA 90272, (310) ers include former partners at Big Four accounting firms, 454-2988, fax (310) 454-4516. Contact Marcia Haight, law enforcement/FBI, computer forensics, and appraisers. THOMAS NECHES & COMPANY LLP SPHR. Human resources expert knowledgeable in both See display ad on page 63. 520 South Grand Avenue, Suite 350, Los Angeles, CA federal and California law. Twenty-five years’ corporate 90071-2662, (213) 624-8150, fax (213) 624-8152, e-mail: human resources management experience plus over 16 KRYCLER, ERVIN, TAUBMAN, & WALHEIM [email protected]. Web site: www.thomasneches years as a Human Resources Compliance Consultant in 15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA .com. Contact Thomas M. Neches, CPA, ABV, CVA, California. Specializations include sexual harassment, 91403, (818) 995-1040, fax (818) 995-4124. Web site: CFE. Accounting, financial, business valuation, and statis- ADA/disability discrimination, other Title VII and FEHA dis- [email protected]. Contact Michael J. Krycler. Litiga- tical analyses to assist attorneys in litigation. Expert testi- crimination and harassment, retaliation, FMLA/CFRA, tion support, including forensic accounting, business ap- mony in state and federal courts. Cases: Antitrust, breach safety, and wrongful termination. Courtroom testimony praisals, family law accounting, business and professional of contract, fraud, intellectual property, lost business and deposition experience. Retained 60 percent by de- valuations, damages, fraud investigations, and lost earn- value, lost profits, wrongful death, and wrongful termina- fense, 40 percent by plaintiff. Audit employer’s actions in ings. Krycler, Ervin, Taubman & Walheim is a full-service tion. Industries: banking, construction, entertainment, in- preventing and resolving discrimination, harassment, and accounting firm serving the legal community for more than surance, manufacturing, retail, securities, and wholesale. retaliation issues. Assess human resources policies and 20 years. See display ad on page 59. Credentials: certified public accountant/accredited in practices for soundness, for comparison to prevailing business valuation, certified valuation analyst, certified practices, and for compliance. Evaluate employer respon- DIANA G. LESGART, CPA, CFE fraud examiner. Education: BA (Mathematics) UC San siveness to complaints and effectiveness of employer in- AN ACCOUNTANCY CORP. Diego, MS (Operations Research) UCLA. Teaching: Ad- vestigations. Assist counsel via preliminary case analysis, 22024 Lassen Street, Suite 106, Chatsworth, CA 91311, junct Professor, Loyola Law School. See display ad on discovery strategy, examination of documents, and expert (818) 886-7140, fax (818) 886-7146, e-mail: Lesgart3 page 45. testimony. @msn.com. Contact Diana G. Lesgart, CPA, CFE, FCPA. Specialized accounting and litigation support ser- WHITE, ZUCKERMAN, WARSAVSKY, LUNA, HRM CONSULTING, INC. vices in the areas of family law litigation, tracing of assets, WOLF & HUNT P.O. Box 1786, Murphys, CA 95247, (209) 728-8905, fax pension plan tracing, forensic accounting, business valu- 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA (209) 728-8970, e-mail: [email protected]. Web ation, goodwill, expert testimony, commercial litigation, 91423, (818) 981-4226, fax (818) 981-4278, and 363 San site: www.hrmconsulting.com. Contact Beth Brascugli fraud investigations, economic damages, and real estate Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) Hirsch, MBA, SPHR. Ms. Hirsch’s experience includes litigation. Over 22 years of accounting experience with 18 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw working on employment and vocational rehabilitation mat- years litigation support specialization. Assigned as §730 .com. Contact Barbara Luna, Drew Hunt, Paul White, ters from both the employee and employer perspective. accounting expert. Ms. Lesgart’s profile can be found at Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Her expertise is utilized in ADA/FMLA, FMLA/CFRA, www.jurispro.com. using “Lesgart” under Search by Expert witness testimony for complex litigation involving wrongful termination, and sexual harassment cases. We Name. Expert is fully English/Spanish bilingual. damage analyses of lost profits, unjust enrichment, rea- provide litigation support, expert testimony, and investiga- sonable royalties, lost earnings, lost value of business, tions, and specialize in helping companies implement SANLI PASTORE & HILL, INC. forensic accounting, fraud investigation, investigative strategies to comply with the complicated realm of per- 1990 South Bundy Drive, Suite 800, Los Angeles, CA analysis of liability, marital dissolution, and tax planning sonnel management regulations. Ms. Hirsch is nationally 90025, (310) 571-3400, fax (310) 571-3420, Web site and preparation. Excellent communicators with extensive certified as a SPHR and sits on the International Employ- address: www.sphvalue.com. Contact Nevin Sanli or testimony experience. Prior Big Four accounts. Special- ment Health, Safety and Security Panel. Tom Pastore. Sanli Pastore & Hill, Inc. is a premier ties includes accounting, breach of contract, business in- provider of business valuation and valuation advisory ser- terruption, business dissolution, construction defects, de- ANESTHESIOLOGY/PAIN MANAGEMENT vices, specializing in litigation support and expert witness lays and cost overruns, fraud, insurance bad faith, intel- SHLOMO ELSPAS MD testimony. Services include valuations for goodwill loss, lectual property including trademark, patent and copy- 1200 North State Street, Suite 14901, Los Angeles, CA estate and gift tax planning (family limited partnerships), right infringement, and trade secrets, malpractice, marital 90033, (323) 226-4597, e-mail: [email protected]. lost profit analysis, mergers and acquisitions, goodwill im- dissolution, personal injury, product liability, real estate, Contact Shlomo Elspas, MD. Education: MIT, Harvard, pairment, fairness and solvency opinions, ESOPs, incen- spousal support, tax planning and preparation, IRS audit UCLA. Specialties: clinical assistant professor of Anesthe- tive stock options, capital raises, corporate, partnership, defense, tracing, unfair advertising, unfair competition, siology at USC-Keck School of Medicine. Board certified and marital dissolutions. Comprehensive economic, in- valuation of businesses, and wrongful termination. See in anesthesiology, with fellowships in pediatric and obstet- dustry, and market research. Extensive experience in ex- display ad on page 43. ric anesthesiology, and pain management. Regional, pert witness testimony, pretrial preparation, and settle- nerve block, hypotensive, transfusion-free, and safety in ment negotiations. See display ad on page 44. ZIVETZ, SCHWARTZ & SALTSMAN, CPAS anesthesia. Consultation and expert witness for plaintiff 11900 West Olympic Boulevard, Suite 650, Los Angeles, and defense. SCHULZE HAYNES LOEVENGUTH & CO. CA 90064-1151, (310) 826-1040, fax (310) 826-1065. 660 South Figueroa Street, Suite 1280, Los Angeles, Web site: www.zsscpa.com. Contact Lester J. CA 90017, (213) 627-8280, fax (213) 627-8301, e-mail: Schwartz, CPA, DABFE, DABFA, Michael D. Saltsman, APPRAISAL & VALUATION [email protected]. Web site: www CPA, MBA, David L. Bass, CPA, David Dichner, CPA, BTI APPRAISAL .schulzehaynes.com. Contact Karl J. Schulze, principal. ABV, CVA, Sandy Green, CPA, Barry A. Snell, CPA, 605 West Olympic Boulevard, Suite 820, Los Angeles, CA Specialties: forensic business analysis and accounting, MST or Dmitriy Pinus, CPA. Accounting experts in foren- 90015, (213) 532-3800, fax (213) 532-3807, e-mail: lost profits, economic damages, expert testimony, discov- sic accounting, tax issues, business valuations, and ap- [email protected]. Web site: www.btiappraisal.com. ery assistance, business valuations, construction claims, praisals, marital dissolutions, eminent domain, insurance Contact Ben F. Tunnell III, Chairman. BTI Appraisal has corporate recovery, financial analysis and modeling, losses, business interruption, goodwill, economic analy- been providing litigation and appraisal services, both na- major professional organizations, and have experience sis, investigative auditing, loss of earning, commercial tionally and internationally, since 1974 in the areas of real across a broad spectrum of industries and business is- damages, and lost profits. Expert witness testimony estate, machinery and equipment, and business valua- sues. Degrees/licenses: CPA; CVA; CFE; ABV; PhD-eco- preparation, and settlement negotiations and consulta- tion. Well-written and documented reports reduce litiga- nomics. tions. See display ad on page 41. tion costs and speed dispute resolution. Our work has passed the most rigorous scrutiny of the IRS, the SEC, government condemning agencies, and the state and
42 Los Angeles Lawyer November 2006 Expert witnesses and litigation consultants for complex litigation involving analyses of lost profits, lost earnings and lost value of business, forensic accounting and fraud investigation
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FULCRUM FINANCIAL INQUIRY 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte @fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experienced CPAs, MBAs, ASAs, CFAs, affiliated professors, and in- dustry specialists. Our analysis and research combined with unique presentation techniques have resulted in an unequaled record of successful court cases and client re- coveries. Our expertise encompasses damages analysis, lost profit studies, business and intangible asset valua- tions, appraisals, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, computer forensics, electronic discovery, and analysis of computerized data. Degrees/licenses: CPAs, CFAs, ASAs, PhDs and MBAs in accounting, fi- nance, economics, and related subjects. See display ad on page 2.
MR. TRUCK, INC. HARGRAVE & HARGRAVE ACCIDENT RECONSTRUCTION & 520 Broadway, Suite 680, Santa Monica, CA 90401, (310) TRUCK SAFETY 576-1090, fax (310) 576-1080, e-mail: terry@taxwizard .com. Web site: www.taxwizard.com. Contact Terry M. • Court Qualified Expert Witness • Low Speed Accident Analysis Hargrave, CPA/ABV, CFE. Litigation services for family Regarding Car vs Car, • Trucking Industry Safety and law and civil cases. Past chair of California Society of CPAs’ Family Law Section, business valuation instructor Car vs Bicycle, Truck vs Car, Driver Training Issues for California CPA Foundation and AICPA. Services in- Truck vs. Bicycle Cases • Power Point Court Presentations clude business valuations, income available for support, tracing separate property, litigation consulting, real estate litigation, mediation, fraud investigations, damage calcu- 800 337 4994 WILLIAM M. JONES 925 625 4994 lation, and other forensic accounting work. CELL 925 518 7573 FAX 925 625 4995 www.mrtruckar.com • [email protected] HIGGINS, MARCUS & LOVETT, INC. POST OFFICE BOX 398, BRENTWOOD CA 94513-0398 800 South Figueroa Street, Suite 710, Los Angeles, CA 90017, e-mail: [email protected]. Web site: www.hmlinc .com. Contact Mark C. Higgins, ASA, president. The firm has over 25 years of litigation support and expert tes- timony experience in matters involving business valuation, economic damages, intellectual property, loss of business goodwill, and lost profits. Areas of practice include busi- Specializing in: ness disputes, eminent domain, bankruptcy, and corpo- Send us an Accident Accidents on Freeways, Highways, rate and marital dissolution. See display ad on page 47. Roads & Streets Report and we’ll... KRYCLER, ERVIN, TAUBMAN, & WALHEIM TESTIFYING & CONSULTING ON: 15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA Accident Reconstruction 91403, (818) 995-1040, fax (818) 995-4124. Web site: Human Factors/Ergonomics [email protected]. Contact Michael J. Krycler. Litiga- Incl Low Light Perception tion support, including forensic accounting, business ap- praisals, family law accounting, business and professional Traffic Control & Engineering valuations, damages, fraud investigations, and lost earn- ings. Krycler, Ervin, Taubman & Walheim is a full-service ... help you Road Design & Construction Slips, Trips & Falls on Crosswalks, accounting firm serving the legal community for more than decide the merit! Parking Lots, Sidewalks 20 years. See display ad on page 59. Highway-Rail Crossings SANLI PASTORE & HILL, INC. A FIELD TEST ENGINEERING Co. 1990 South Bundy Drive, Suite 800, Los Angeles, CA Incorporated in the state of California www.FieldAndTestEngineering.com * * * 90025, (310) 571-3400, fax (310) 571-3420, Web site 800-675-7667 address: www.sphvalue.com. Contact Nevin Sanli or FAX (562) 494-7667 ROBERT DOUGLAS, PROF. ENGR/TRAFFIC/ LONG BEACH, CALIFORNIA & EL PASO, TEXAS TRANSPORTATION ENGINEER, OPERATIONS MANAGER Tom Pastore. Sanli Pastore & Hill, Inc. is a premier provider of business valuation and valuation advisory ser- ULTIMATE IN ACCURATE MEASUREMENTS AND MODELING!* MICHAEL HUERTA, PHD, PE, MECHANICAL ENGINEERING vices, specializing in litigation support and expert witness CREATE AND STORE A THREE DIMENSIONAL VIRTUAL MANAGER SOUTHWEST OFFICE testimony. Services include valuations for goodwill loss, IMAGE OF THE ENTIRE ACCIDENT SCENE DURING THE KRIS HIGLEY, MECHANICAL ACCIDENT RECONSTRUCTION estate and gift tax planning (family limited partnerships), SURVEY AND AT LESS COST AND FAR BETTER RESOLUTION THAN A & HIGH DEFINITION LASER SCANNING lost profit analysis, mergers and acquisitions, goodwill im- “TOTAL STATION” SINCE IT MODELS WHILE IT SCANS. Call for details or visit us at: pairment, fairness and solvency opinions, ESOPs, incen- *CHP M.A.I.T. APPROVED www.AccidentReconstructionSpecialists.com tive stock options, capital raises, corporate, partnership, and marital dissolutions. Comprehensive economic, in- dustry, and market research. Extensive experience in ex-
® pert witness testimony, pretrial preparation, and settle- SCANSTATION WE’RE GROWING! WELCOME ment negotiations. See display ad on page 44. MAPPING & MODELING* MICHAEL HUERTA PHD, PE RICHARD R. SYLVESTER, JD, PHD (310) 391-2080, fax (310) 827-1166. Valuation expert. Specialist in business value, partial interests, securities
44 Los Angeles Lawyer November 2006 value, real property, goodwill, and intangible asset value, with over 40 years of experience, licensed professional J. A. “DOC” WATSON including patents, trademarks, and copyrights. Valuation engineer, and licensed general contractor. P.O. Box 758, Humble, TX 77347, (281) 540-8257, fax for income tax, estate and gift tax, dissolution of marriage, (281) 446-5212, e-mail: [email protected]. Web site: fairness opinions, solvency opinions, economic damages, ARCHITECTURAL FORENSICS www.theautoexpert.com. Contact Doc Watson. Automo- wrongful death, and personal injury. For two decades, se- tive business expert, specializing in automotive consumer lected by leading trial attorneys and Fortune 500 compa- SCHWARTZ / ROBERT & ASSOCIATES, INC. fraud and deceptive trade, and 40+ years in the auto nies, and listed in Marquis’ Who’s Who in the World and 42 Faculty Street, Thousand Oaks, CA 91360, (805) 777- business. Expertise—sales and finance tactics, leasing, Who’s Who in Finance and Industry. See display ad on 1115, cell (805) 796-9092, fax (805) 777-1172, e-mail: diminished value, flood damage, lemon law, mechanical page 59. [email protected]. Web site: www.schwartzrobert.com. and body repair, previous damage, trucks, and manufac- Contact Robert I. Schwartz, AIA. Real property develop- turer warranties. Special finance, credit procedures, vehi- WARONZOF ASSOCIATES, INC. ment procedures & practices, all building types, sizes & cle appraisals, service contracts, life and accident and 12200 West Olympic Boulevard, Suite 480, Los Angeles, phases. Professional evaluation of building design errors health policies, lender fraud, auto auctions, wholesaling, C 90064, (310) 954-8060, fax (310) 954-8059. Web site: & omissions, building code compliance & professional class action, ethnic issues, personal injury, repossession, www.waronzof.com. Contact Timothy R. Lowe, MAI, standards of practice. Forensic investigation of construc- rebates, curbstoning, odometers, and salvage issues. CRE. Waronzof Associates provides real estate and land tion defects. Repair cost estimates. Construction con- Houston based, nationally available. use litigation support services including economic dam- tract/subcontract performance—project management ad- ages, lost profits, financial feasibility, highest and best ministration & cost accounting, CPM scheduling, cost es- AVIATION use, property value, enterprise value, partnership interest timating, change order administration, quality assurance and closely-held share value, fair compensation, lender li- & building performance. Evaluation of delay claims. Docu- ARGOS ENGINEERING ability and reorganization plan feasibility. Professional mentation of major property/casualty insurance losses. 44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax staff of six with advanced degrees and training in real es- Excellent litigation support & trial exhibit preparation. Ex- (949) 429-5972, e-mail: [email protected]. Web site: tate, finance, urban planning and accounting. See dis- pert witness testimony. Experienced AAA arbitrator & me- www.argos-engineering.com. Contact John D. Pratt, play ad on page 41. diator. Large & complex cases. Member, Dispute Resolu- PhD, PE. Litigation consulting, testing, inspections, depo- tion Boards. sition, and trial testimony. ARBITRATION/MEDIATION— CONSTRUCTION AUTOMOTIVE AVIATION CONSULTING SERVICES P.O. Box 1522, San Carlos, CA 94070, (650) 508-1079, COMA CONSULTANTS, INC. BARNETT AUTOMOTIVE ENGINEERING fax (650) 508-9005, e-mail: [email protected]. Web site: 2220 Waterfront Drive, Corona Del Mar, CA 92625, 3065 Hayes Avenue, Costa Mesa, CA 92626, www.avconsult.com. Contact Capt. Robert E. Norris. (949) 673-7273, cell (949) 624-4385, fax (949) 673-2104, (714) 444-3224, fax (714) 444-3064, e-mail: greg Expertise: general aviation/airline ground/flight operations, e-mail: [email protected]. Contact D. Gordon [email protected]. Web site: www flight crew hiring, training, evaluation, checking, standard Follett, Principal/Owner. Sole and panel construction .barnettautomotiveengineering.com. Contact Greg of care dictated by FARs and ICAO, review of aircraft ac- dispute arbitrator for the American Arbitration Association Barnett, MSME, ASE. Auto fire, auto theft, mechanical in- cidents attributable to “pilot error,” flight crew employabil- since 1996, certified senior mediator, Orange County Su- spections, body inspections, body shop fraud, brakes, ity/earnings model, and wrongful termination/discrimina- perior Court Mediation Program, ADR panel, and Los An- tire failure analysis, oil analysis, machinist, lemon law, tion. Experience: UAL Captain, Flight Manager, FAA geles Superior Court. Pepperdine and American Arbitra- subrogation low speed collision, heavy trucks, and com- Check Airman, Hughes Aircraft—Engineering Psycholo- tion Association trained. Working construction manager ponent failure analysis. Hands-on expert. gist, owner/operator FAA-141 Flight School/FAA Mainte-
Los Angeles Lawyer November 2006 45 nance Repair Facility, BS, ATP, Typed B-737,757/767, dorsements, letters of credit, guarantees, lender liability, DC8/10, Flight Dispatcher, Author. checking accounts, credit cards, and bankruptcy. Expert witness, litigation consulting. Expert referral service es- CONDOR-AVSEC INC. crow, corporate governance, mortgage banking, and real 717 Camino Magnifico, San Marcos, CA 92069, (760) estate. Over 500 cases nationally. See display ad on 598-5305, fax (760) 295-4562, e-mail: [email protected]. page 56. Web site: www.condor-avsec.com. Contact Glen Winn. Twenty-nine years of commercial aviation experience. BALLENGER, CLEVELAND & ISSA, LLC Knowledge of ACSSP, AOSSP, air cargo security, crew 10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA hotel security, airport terminal security, passenger secu- 90024, (310) 873-1717, fax (310) 873-6600. Contact rity processing, aircraft security, counter-terrorism security Bruce W. Ballenger, CPA, executive managing direc- as it relates to civil aviation, flight kitchen security, hangar tor. Services available: assist counsel in determining security, and travel security. Currently teach aviation se- overall strategy. Help evaluate depositions and evidence. curity at the University of Southern California. Coauthor Provide well-prepared, well-documented, and persuasive Protection, Security, and Safeguards. Named in Peter in-court testimony regarding complicated accounting, fi- Lance’s book, 1000 Years for Revenge—International Ter- nancial, and business valuation matters, fairness of inter- rorism and the FBI. Former special agent US Secret Ser- est rates, feasibility of reorganization plans, fraudulent vice. Review CV @ www.condor-avsec.com. Former Di- conveyances, bankruptcies, mergers and acquisitions, rector of Security Northwest Airlines, Western Airlines; For- and management misfeasance/malfeasance. More than mer Corp Manager of Security Continental Airlines and 100 open-court testimonies, federal and state, civil and United Airlines. criminal. See display ad on page 63.
BANKING STONEFIELD JOSEPHSON Valuation, Litigation and Forensic Services Group. 2049 ADVISORS/EXPERTS @ MCS ASSOCIATES Century Park East, Suite 400, Los Angeles, CA 90067. 18881 Von Karman, Suite 1175, Irvine, CA 92612, (310) 453-9400. Web site: www.sjaccounting.com. (949) 263-8700, fax (949) 263-0770, e-mail: experts Contact Jeff Sumpter or Stefano Vranca, directors of @mcsassociates.com. Web site: www.mcsassociates litigation support and forensic services, or Mark .com. Contact Norman Katz, managing partner. Stepka, director of business valuation services. The Nationally recognized banking, finance, insurance, and Stonefield Josephson Valuation, Litigation and Forensic real estate consulting group (established 1973). Experi- Services Group serves business leaders, attorneys, and enced litigation consultants/experts include senior other professionals with business valuation, litigation sup- bankers, lenders, consultants, economists, accountants, port, and forensic accounting services. Stonefield insurance underwriters/brokers. Specialties: lending cus- Josephson serves public and privately held clients toms, practices, policies, in all types of lending (real es- throughout the United States and internationally from four tate, business/commercial, construction, consumer/credit California locations: Los Angeles, Orange County, San card), banking operations/administration, trusts and in- Francisco, and East Bay. See display ad on page 11. vestments, economic analysis and valuations/damages assessment, insurance claims, coverages and bad faith, BUILDING & FIRE CODES real estate brokerage, appraisal, escrow, and construc- tion defects/disputes, and title insurance. PFS CORPORATION 3637 Motor Avenue, Suite 380, Los Angeles, CA 90034, ANDELA CONSULTING GROUP, INC. (310) 559-7287, fax (310) 559-1368, e-mail: rnelson 15250 Ventura Boulevard, Suite 610, Sherman Oaks, CA @pfscorporation.com. Web site: www.pfscorporation 91403, (818) 380-3102, fax (818) 501-5412, e-mail: .com. Contact J. Robert Nelson, PE. Building and fire [email protected]. Contact Thomas A. Tarter, manag- code expert. Thirty years in code enforcement and con- ing director. Former CEO of two banks. Lending, forgery, struction (10 years with ICBO/Uniform Building Code and endorsements, letters of credit, guarantees, lender liabil- Uniform Fire Code, 5 years with Los Angeles County ity, checking accounts, credit cards, and bankruptcy. Ex- Building Department). Civil, structural, and fire protection pert witness, litigation consulting. Expert referral service engineering. escrow, corporate governance, mortgage banking, and real estate. Over 500 cases nationally. See display ad on BUSINESS page 56. ROBERT C. ROSEN BANKRUPTCY/TAX 300 South Grand Avenue, Suite 2700, Los Angeles, CA 90071, (213) 362-1000, fax (213) 362-1001, e-mail: ADVISORS/EXPERTS @ MCS ASSOCIATES [email protected]. Web site: www.rosen-law 18881 Von Karman, Suite 1175, Irvine, CA 92612, .com. Specializing in securities law, federal securities law (949) 263-8700, fax (949) 263-0770, e-mail: experts enforcement, securities arbitration, and international secu- @mcsassociates.com. Web site: www.mcsassociates rities, insider trading, NYSE, AMEX, NASD disciplinary .com. Contact Norman Katz, managing partner. proceedings, broker-dealer, investment company and in- Nationally recognized banking, finance, insurance, and vestment adviser matters, liability under federal and state real estate consulting group (established 1973). Experi- securities laws, public and private offerings, Internet se- enced litigation consultants/experts include senior curities, and law firm liability. Former chair, LACBA Busi- bankers, lenders, consultants, economists, accountants, ness and Corporations Law Section; LLM, Harvard Law insurance underwriters/brokers. Specialties: lending cus- School. More than 32 years practicing securities law, 12 toms, practices, policies, in all types of lending (real es- years with the U.S. Securities and Exchange Commission, tate, business/commercial, construction, consumer/ Washington, DC. Published author/editor of securities reg- credit card), banking operations/administration, trusts and ulations, including multivolume treatises. See display ad investments, economic analysis and valuations/ on page 59. damages assessment, insurance claims, coverages and bad faith, real estate brokerage, appraisal, escrow, and BUSINESS APPRAISAL/VALUATION construction defects/disputes, and title insurance. ADVISORS/EXPERTS @ MCS ASSOCIATES ANDELA CONSULTING GROUP, INC. 18881 Von Karman, Suite 1175, Irvine, CA 92612, 15250 Ventura Boulevard, Suite 610, Sherman Oaks, CA (949) 263-8700, fax (949) 263-0770, e-mail: experts 91403, (818) 380-3102, fax (818) 501-5412, e-mail: ttarter @mcsassociates.com. Web site: www.mcsassociates @earthlink.net. Contact Thomas A. Tarter, managing .com. Contact Norman Katz, managing partner. director. Former CEO of two banks. Lending, forgery, en- Nationally recognized banking, finance, insurance, and
46 Los Angeles Lawyer November 2006 real estate consulting group (established 1973). Experi- enced litigation consultants/experts include senior bankers, lenders, consultants, economists, accountants, insurance underwriters/brokers. Specialties: lending cus- CHEMICAL EXPERT WITNESS toms, practices, policies, in all types of lending (real es- tate, business/commercial, construction, consumer/credit card), banking operations/administration, trusts and in- AREAS OF EXPERTISE: vestments, economic analysis and valuations/damages assessment, insurance claims, coverages and bad faith, ■ HOUSEHOLD CHEMICALS real estate brokerage, appraisal, escrow, and construc- ■ INDUSTRIAL CHEMICALS tion defects/disputes, and title insurance. ■ HAZARDOUS MATERIALS BTI APPRAISAL DR. KENNETH H. BROWN ■ PAINT & COATINGS 605 West Olympic Boulevard, Suite 820, Los Angeles, CA Toll-Free (866) CHEM-EXPT ■ LABELS & WARNINGS 90015, (213) 532-3800, fax (213) 532-3807, e-mail: ben [email protected] ■ LAB TESTING & ANALYSIS @btiappraisal.com. Web site: www.btiappraisal.com. Contact Ben F. Tunnell III, Chairman. BTI Appraisal has been providing litigation and appraisal services, both na- tionally and internationally, since 1974 in the areas of real estate, machinery and equipment, and business valua- tion. Well-written and documented reports reduce litiga- tion costs and speed dispute resolution. Our work has — DRIVER ERROR ANALYSIS — passed the most rigorous scrutiny of the IRS, the SEC, government condemning agencies, and the state and federal courts. The collective experience of our nationally Human Factors Forensic Science regarded professionals can address projects of all sizes Driver error • Inattention • Fatigue • Sensory, perceptual, mental, and physical and locations. factors • Car, truck and bus driver skill and knowledge requirements • Driver and motor carrier standards of care • Hours of service violations • Circadian THE CAPANALYSIS GROUP, LLC rhythms • Sleep debt • Human factors traffic accident analysis 550 South Hope Street, Suite 1100, Los Angeles, CA 90071, (213) 892-1832, fax (213) 892-2300, e-mail: ■ [email protected]. Web site: www.capanalysis DENNIS WYLIE D. WYLIE ASSOCIATES .com. Contact Evy Wild, JD. Specialties: economic, Internationally Recognized Expert financial, accounting, and statistical analysis for complex litigation, arbitration, regulatory proceedings, and strate- Voice (805) 681•9289 ■ Fax (805) 681•9299 ■ www.drivingfatigue.com gic corporate decision making. Assist attorneys with dis- P O Box 60836, Santa Barbara, CA 93160 covery, identification of relevant economic and financial issues, preparation of analytical models, critique of op- posing experts, and expert testimony in federal and state courts, and before the FTC and DOJ. Handle matters be- fore the EC, the ITC, and the U.S. Court of international trade. Areas of expertise include antitrust (including cut- ting-edge analyses of market definition, market power, coordinated interactions, and unilateral effects), economic damages, business valuation, investigative and forensic accounting and auditing, intellectual property (including patent, trademark, and copyright infringement, and valua- tion of intellectual property), insurance coverage, contract disputes and tort claims, mergers and acquisitions, secu- rities fraud, and full range of jury consulting services. De- grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.
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Los Angeles Lawyer November 2006 47 CPAs, CFAs, ASAs, PhDs and MBAs in accounting, Specialties: forensic business analysis and accounting, paint and coatings, labels and warnings, and laboratory finance, economics, and related subjects. See display ad lost profits, economic damages, expert testimony, discov- testing and analysis. We provide research, case file re- on page 2. ery assistance, business valuations, construction claims, view, site visit, testing, failure analysis, reports, deposition corporate recovery, financial analysis and modeling, and courtroom testimony. Types of cases include product GURSEY, SCHNEIDER & CO., LLP major professional organizations, and have experience liability, premises liability, and toxic test. We translate 10351 Santa Monica Boulevard, Suite 300, Los Angeles, across a broad spectrum of industries and business is- chemical jargon into easy-to-understand language. See CA 90025, (310) 552-0960, fax (310) 557-3468, e-mail: sues. Degrees/licenses: CPA; CVA; CFE; ABV; PhD-eco- display ad on page 47. [email protected] or [email protected]. Web nomics. site: www.gursey.com. Contact Robert Watts or CHEMISTRY Stephan Wasserman. Gursey Schneider is an account- STONEFIELD JOSEPHSON ing firm specializing in forensic accounting, litigation sup- Valuation, Litigation and Forensic Services Group. 2049 CHEMICAL ACCIDENT RECONSTRUCTION port services, business valuation, and appraisal services Century Park East, Suite 400, Los Angeles, CA 90067. SERVICES, INC. for a variety of purposes including marital dissolution, gift (310) 453-9400. Web site: www.sjaccounting.com. 9121 East Tanque Verde Road, Suite 105, Tucson, AZ and estate planning, eminent domain, goodwill loss, busi- Contact Jeff Sumpter or Stefano Vranca, directors of 85749, (800) 645-3369, e-mail: [email protected]. ness disputes, malpractice, tax matters, bankruptcy, litigation support and forensic services, or Mark Web site: www.chemaxx.com. Contact Dr. Michael Fox. damage and cost-profit assessments, insurance claims, Stepka, director of business valuation services. The Comprehensive chemical accident investigation—spe- and entertainment industry litigation. GSCO has over 30 Stonefield Josephson Valuation, Litigation and Forensic cializing in complex industrial chemical accidents and years’ experience as expert witnesses in litigation sup- Services Group serves business leaders, attorneys, and chemical-related consumer product injuries, chemical port. See display ad on page 49. other professionals with business valuation, litigation sup- fires and explosions, chemical labeling, chemical packag- port, and forensic accounting services. Stonefield ing, handling and shipping, burns, warnings, chemical la- HAYNIE & COMPANY, CPAS Josephson serves public and privately held clients bels, MSDSs, disposal, chemical safety, EPA, OSHA, 4910 Campus Drive, Newport Beach, CA 92660, (949) throughout the United States and internationally from four DOT, propane, natural gas, hydrogen, flammable liquids, 724-1880, fax (949) 724-1889, e-mail: sgabrielson California locations: Los Angeles, Orange County, San hazardous chemicals, aerosols (hairspray, spray paint, re- @hayniecpa.com. Web site: www.hayniecpa.com. Francisco, and East Bay. See display ad on page 11. frigerants), DOT certified (hazardous materials shipment), Contact Steven C. Gabrielson. Alter ego, consulting and certified fire and explosion investigator, OSHA process expert witness testimony in a variety of practice areas: VICENTI, LLOYD & STUTZMAN LLP hazard analysis team leader, PhD. Physical Chemistry. commercial damages, ownership disputes, economic 2210 East Route 66, Suite 100, Glendora, CA 91740, Extensive experience in metallurgy, corrosion, and failure analysis, business valuation, lost profits analysis, (626) 857-7300, fax (626) 857-7302, e-mail: rstutzman analysis. fraud/forensic investigations, taxation, personal injury, @vlsllp.com. Web site: www.vlsllp.com. Contact Royce wrongful termination, professional liability, and expert Stutzman, CVA, CPA/ABV, Chairman. Our certified pro- CIVIL LITIGATION cross examination. Extensive public speaking back- fessionals serve as consultants and experts in business GURSEY, SCHNEIDER & CO., LLP ground assists in courtroom presentations. valuations and litigation support. We conduct valuations 10351 Santa Monica Boulevard, Suite 300, Los Angeles, related to mergers and acquisitions, buy-sell agreements, CA 90025, (310) 552-0960, fax (310) 557-3468. 20355 HIGGINS, MARCUS & LOVETT, INC. purchase/sale of closely held businesses, partner dis- Hawthorne Boulevard, First Floor, Torrance, CA 90503, 800 South Figueroa Street, Suite 710, Los Angeles, CA putes, etc. Our forensic accounting experts assess the (310) 370-6122, fax (310) 370-6188, e-mail: jziegler 90017, e-mail: [email protected]. Web site: www.hmlinc amount of an economic loss, whether it be business inter- @gursey.com. Web site: www.gursey.com. Contact .com. Contact Mark C. Higgins, ASA, president. The ruption from casualty, unfair competition, condemnation, Jennifer Ziegler. Gursey Schneider specializes in foren- firm has over 20 years of litigation support and expert tes- damage caused by others, or loss of earnings from vari- sic accounting and litigation support services in the areas timony experience in matters involving business valuation, ous events. Our fraud investigation team reviews docu- of civil litigation, business disputes, bankruptcy, damage economic damages, intellectual property, loss of business mentation, interviews witnesses and suspects, and as- and cost-profit insurance claims, court accountings, fraud goodwill, and lost profits. Areas of practice include busi- sesses evidence to resolve allegations. We provide expert investigations, accounting malpractice, intellectual prop- ness disputes, eminent domain, bankruptcy, and corpo- witness testimony and implement fraud prevention pro- erty, construction, government accounting and entertain- rate and marital dissolution. See display ad on page 47. grams. VLS Celebrates 53 Years of Quality Service! ment litigation. Gursey Schneider has over 30 years’ of experience as expert witnesses in accounting related KAPLAN ABRAHAM BURKERT & COMPANY WHITE, ZUCKERMAN, WARSAVSKY, LUNA, matters. See display ad on page 49. Forensic valuation consultants. 5950 Canoga Avenue, WOLF & HUNT Suite 200, Woodland Hills, CA 91367, (818) 888-0066, fax 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA (818) 888-8860. Contact Michael G. Kaplan, CPA, CVA, 91423, (818) 981-4226, fax (818) 981-4278, and 363 San CLINICAL/FORENSIC PSYCHOLOGIST CFFA. Expert witness services and preparation in matters Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) NINA T. RODD, PHD involving business disputes, goodwill, economic dam- 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw 609 Deep Valley Drive, Suite 200, Rolling Hills Estates, CA ages, loss of earnings and profits, fraud and embezzle- .com. Contact Barbara Luna, Drew Hunt, Paul White, 90274, (310) 378-7172, fax (310) 541-9308, e-mail: ment, forensic accounting, business valuation, marital dis- Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex- [email protected]. Web site: www.psych-expert.com. solution, legal and accountants’ malpractice, wrongful ter- pert witness testimony for complex litigation involving Contact Nina T. Rodd, Ph.D. Litigation support, consul- mination, intellectual property, and bankruptcy. Member damage analyses of lost profits, unjust enrichment, rea- tation, expert witness, and psychological testing and eval- of Voir Dire Partners, LLC. Affiliated offices nationwide. sonable royalties, lost earnings, lost value of business, uation. Psychological injuries due to sexual harassment, forensic accounting, fraud investigation, investigative discrimination, serious physical injuries, and traumatic SANLI PASTORE & HILL, INC. analysis of liability, marital dissolution, and tax planning events (PTSD). 1990 South Bundy Drive, Suite 800, Los Angeles, CA and preparation. Excellent communicators with extensive 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- testimony experience. Prior Big Four accounts. Special- COMPUTER EVIDENCE DISCOVERY dress: www.sphvalue.com. Contact Nevin Sanli or Tom ties includes accounting, breach of contract, business in- Pastore. Sanli Pastore & Hill, Inc. is a premier provider of terruption, business dissolution, construction defects, de- COSGROVE COMPUTER SYSTEMS, INC. business valuation and valuation advisory services, spe- lays and cost overruns, fraud, insurance bad faith, intel- 7411 Earldom Avenue, Playa del Rey, CA 90293, (310) cializing in litigation support and expert witness testimony. lectual property including trademark, patent and copy- 823-9448, fax (310) 821-4021, e-mail: jcosgrove Services include valuations for goodwill loss, estate and right infringement, and trade secrets, malpractice, marital @computer.org. Web site: www.cosgrovecomputer.com. gift tax planning (family limited partnerships), lost profit dissolution, personal injury, product liability, real estate, Contact John Cosgrove. John Cosgrove, PE, has over analysis, mergers and acquisitions, goodwill impairment, spousal support, tax planning and preparation, IRS audit 40 years’ experience in computer systems and has been fairness and solvency opinions, ESOPs, incentive stock defense, tracing, unfair advertising, unfair competition, a self-employed, consulting software engineer since options, capital raises, corporate, partnership, and marital valuation of businesses, and wrongful termination. See 1970. He was a part-time lecturer in the UCLA School of dissolutions. Comprehensive economic, industry, and display ad on page 43. Engineering and LMU graduate school. He provided an market research. Extensive experience in expert witness invited article, “Software Engineering & Litigation,” for the testimony, pretrial preparation, and settlement negotia- CHEMICALS & HAZARDOUS MATERIALS Encyclopedia of Software Engineering. He holds the CDP, tions. See display ad on page 44. is a member of ACM, NSPE, ACFEI, FEWA, a life senior KHB CONSULTING SERVICES member of IEEE Computer Society, NSPE, a Fellow of the SCHULZE HAYNES LOEVENGUTH & CO. Toll free (866) CHEM-EXPT, (866) 243-6397, e-mail: National Academy of Forensic Engineers (an affiliate of 660 South Figueroa Street, Suite 1280, Los Angeles, [email protected]. Web site: www NSPE) and a professional engineer in California. Formal CA 90017, (213) 627-8280, fax (213) 627-8301, e-mail: .khbconsulting.com. Contact Dr. Kenneth H. Brown. education includes a BSEE from Loyola University and a [email protected]. Web site: www Area of expertise: household chemicals, industrial chemi- master of engineering from UCLA. .schulzehaynes.com. Contact Karl J. Schulze, principal. cals, hazardous materials, aerosols and spray products,
48 Los Angeles Lawyer November 2006 COMPUTER FORENSICS Matthew Lankenau BURGESS CONSULTING & FORENSICS 213-996-2549 2255 South Broadway, Suite 9, Santa Maria, CA 93454, [email protected] (805) 349-7676, fax (805) 349-7790, e-mail: steve @burgessforensics.com. Web site: www.burgessforensics .com. Contact Steve Burgess. Since 1984, Burgess has URS is the nation’s largest engineering, consulting and construction performed services for thousands of clients on tens of services firm. URS specializes in the resolution of construction disputes. thousands of media. Computer forensic, electronic dis- covery (e-discovery) and expert witness services. Dispute Resolution & Forensic Analysis Technical Expertise Burgess Consulting will find whatever is there and explain Design/Construction Claims Architecture it in a fashion that you, a judge, or jury can understand. Environmental Claims Engineering Professional and complete. Almost any type of media Bid/Cost/Damage Analysis Scheduling (hard drives, tapes, removable media, flash cards) and Construction Defect Analysis Construction Management operating system (Windows, Macintosh, Linux, Exchange). Delay/Acceleration/Disruption Analysis Cost Estimating & Auditing Accomplished testimony in court and deposition. Expert Witness Testimony Environmental Insurance/Bond Claims Geotechnical DATACHASERS, INC. P.O. Box 2861, Riverside, CA 92516-2861, (877) Data Exam, (877) 328-2392, (951) 780-7892, fax (951) 780- 9199, e-mail: [email protected]. Web site: www .datachasers.com. Contact Rick Albee. Hard drive imag- ing, use assessment and auditing, intellectual property and trade secret disputes, restore hidden, deleted, or lost files and images, file dates when created, modified, or deleted, Internet history and e-mail recovery, computer use auditing and evaluations, human resources, em- ployer/employee exams, experienced expert witness and special master and full computer laboratory. Many years of public sector experience. Multiple certifications. Prior law enforcement. See display ad on page 46.
FULCRUM FINANCIAL INQUIRY 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte @fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experienced CPAs, MBAs, ASAs, CFAs, affiliated professors, and in- dustry specialists. Our analysis and research combined with unique presentation techniques have resulted in an unequaled record of successful court cases and client recoveries. Our expertise encompasses damages analy- sis, lost profit studies, business and intangible asset valu- ations, appraisals, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, computer forensics, electronic discovery, and analysis of computerized data. Degrees/licenses: CPAs, CFAs, ASAs, PhDs and MBAs in accounting, finance, economics, and related subjects. See display ad on page 2.
SETEC INVESTIGATIONS 8391 Beverly Boulevard, Suite 167, Los Angeles, CA 90048, (800) 748-5440, fax (323) 939-5481, e-mail: [email protected]. Web site: www .setecinvestigations.com. Contact Todd Stefan. Setec Investigations offers unparalleled expertise in computer forensics and enterprise investigations providing person- alized, case-specific forensic analysis and litigation support services for law firms and corporations. Setec Investiga- tions possesses the necessary combination of technical ex- pertise, understanding of the legal system, and specialized tools and processes enabling the discovery, collection, in- vestigation, and production of electronic information for in- vestigating and handling computer-related crimes or mis- use. Our expertise includes computer forensics, electronic discovery, litigation support, and expert witness testimony.
COMPUTER FORENSICS ELECTRONIC DISCOVERY
ROBERT J. ABEND, PE 1658 Laraine Circle, San Pedro, CA 90732, cell (310) 346- 6543, (310) 221-0716, fax (310) 221-0716, e-mail: rabend @linkline.com Web site: www.linkline.com/peronal/rabend. Specialties: Electrical engineering, computer forensics, data recovery, electronic discovery, computer engineer- ing, software, electronics, microelectronics, electronics manufacturing, intellectual property, and trade secret liti-
Los Angeles Lawyer November 2006 49 gation. Technical support during case preparation. Prac- less and other network topologies, surveillance, ABA- Phoenix, Boston, Hartford, and New York City. ticed at court and deposition testimony. Thirty-five years compliant Web pages and marketing campaigns, remote of experience in the electronics and computer industry. communication, employee training programs, courtroom RIMKUS CONSULTING GROUP, INC. Thirteen years as a forensic engineering consultant. Ref- multimedia animation and presentation, database pro- 2677 North Main Street, Suite 300, Santa Ana, CA 92705, erences provided on request. Degrees/licenses: BSEE, gramming and support, war rooms, expert witness, and (877) 978-2044, fax (714) 978-2088, e-mail: cjyaworski MS, Registered Professional Engineer, Certified EnCase inter alia. We are engineers that think law. @rimkus.com. Web site: www.rimkus.com. Contact Curt Computer Forensic Examiner, FCC General Radiotele- Yaworski. Rimkus Consulting Group is a full-service phone license. CONSTRUCTION forensic consulting firm. Since 1983, we have provided re- liable investigations, reports, and expert witness testi- COMPUTER SIMULATIONS/GRAPHICS BALL CM mony around the world. Our engineers and consultants 27811 Avenue Hopkins, Suite 6, Valencia, CA 91355, analyze the facts from origin and cause through extent of VISUAL FORENSICS (661) 254-3357, fax (661) 254-2127, e-mail: chris loss. Services: construction defect and dispute analysis, (800) 426-6872, 130 Ryan Industrial Court, Suite 105, San @ballcm.com. Web site: www.ballcm.com. Contact Chris vehicle accident reconstruction, fire cause and origin, Ramon, CA 94583. Web site: www.visualforensics.com. Ball. Contract claims, disputed change orders, schedule property evaluation, mold evaluations, indoor air quality 3D computer simulations for all aspects of accident re- analysis, delay claims, labor impact claims, construction assessments, biomechanical analysis, product failure construction, vision related malpractice, criminal reenact- defect investigations and analysis, cost estimating, de- analysis, foundation investigations, industrial accidents ment, and more. Vision perception, site visibility, and structive testing, builders risk claims, commercial, resi- and explosions, water intrusion analysis, geotechnical human factors analysis. Opposing demonstrative evi- dential, and public works. evaluations, construction accidents, construction dis- dence analysis. In-house scientific and engineering ex- putes, financial analysis and assessments, forensic ac- perts. Led by internationally recognized vision scientist, FORENSISGROUP counting, HVAC analysis, electrical failure analysis, and Dr. Arthur P. Ginsburg, who has over 16 years of experi- 3452 East Foothill Boulevard, Suite 1160, Pasadena, CA video/graphics computer animation. See display ad on ence as a vision and visibility expert consultant for the 91107, (800) 555-5422, (626) 795-5000, fax (626) 795- page 57. legal industry and government agencies. Plaintiff and de- 1950, e-mail: [email protected]. Web site: fense. Seen on CBS’s 60 Minutes and Court TV. See www.forensisgroup.com. Contact Mercy Steenwyk. SCHWARTZ / ROBERT & ASSOCIATES, INC. display ad on page 72. Thousands of our clients have gained the technical ad- 42 Faculty Street, Thousand Oaks, CA 91360, (805) 777- vantage and the competitive edge in their cases from our 1115, cell (805) 796-9092, fax (805) 777-1172, e-mail: COMPUTERS/INFORMATION SCIENCES resource group of high-quality experts in construction, [email protected]. Web site: www.schwartzrobert.com. medical, engineering, product liability, safety, environ- Contact Robert I. Schwartz, AIA. Real property develop- ROBERT J. ABEND, PE mental, accident reconstruction, automotive, failure analy- ment procedures & practices, all building types, sizes & 1658 Laraine Circle, San Pedro, CA 90732, cell (310) sis, fires, explosions, slip and fall, real estate, economics, phases. Professional evaluation of building design errors 346-6543, (310) 221-0716, fax (310) 221-0716, e-mail: appraisal, employment, computers, and other technical & omissions, building code compliance & professional [email protected] Web site: www.linkline.com/peronal and scientific disciplines. We provide you with a select standards of practice. Forensic investigation of construc- /rabend. Specialties: Electrical engineering, computer group of high-quality experts as expeditiously as possi- tion defects. Repair cost estimates. Construction con- forensics, data recovery, electronic discovery, computer ble. Unsurpassed recruitment standards. Excellent client tract/subcontract performance—project management ad- engineering, software, electronics, microelectronics, elec- service. See display ad on page 41. ministration & cost accounting, CPM scheduling, cost es- tronics manufacturing, intellectual property, and trade se- timating, change order administration, quality assurance cret litigation. Technical support during case preparation. GLENN M. GELMAN & ASSOCIATES, & building performance. Evaluation of delay claims. Docu- Practiced at court and deposition testimony. Thirty-five CERTIFIED PUBLIC ACCOUNTANTS mentation of major property/casualty insurance losses. years of experience in the electronics and computer in- AND BUSINESS CONSULTANTS Excellent litigation support & trial exhibit preparation. Ex- dustry. Thirteen years as a forensic engineering consul- 1940 East 17th Street, Santa Ana, CA 92705, (714) 667- pert witness testimony. Experienced AAA arbitrator & me- tant. References provided on request. Degrees/licenses: 2600, fax (714) 667-2636. Web site: www.gmgcpa.com. diator. Large & complex cases. Member, Dispute Resolu- BSEE, MS, Registered Professional Engineer, Certified Contact Glenn Gelman. Expert witness testimony, strat- tion Boards. EnCase Computer Forensic Examiner, FCC General Ra- egy development, document discovery, deposition assis- diotelephone license. tance, computation of damages, arbitration consulting, SHEPHERD CONSULTING SERVICES forensic accounting, investigative auditing, rebuttal testi- P.O. Box 10010, Torrance, CA 90505, (310) 378-0791, fax COSGROVE COMPUTER SYSTEMS, INC. mony, fiduciary accountings, and trial exhibit preparation. (888) 870-1663, e-mail: [email protected]. 7411 Earldom Avenue, Playa del Rey, CA 90293, (310) Contact John Shepherd, RRC, RRO. Roofing, water- 823-9448, fax (310) 821-4021, e-mail: jcosgrove PACIFIC CONSTRUCTION CONSULTANTS, INC. proofing, sheet metal and building envelope consulting @computer.org. Web site: www.cosgrovecomputer.com. (800) 655-PCCI. Contact marketing director. Construc- services for construction defect litigation, personal injury Contact John Cosgrove. John Cosgrove, PE, has over tion contract disputes (claims) analysis, prep and presen- and water damage loss (standard of care and building 40 years’ experience in computer systems and has been tation, delay and monetary impact evaluation, including code issues), and property loss claims (wind, fire, earth- a self-employed, consulting software engineer since CPM schedules. Architectural, civil, structural, mechani- quake and hail). Support services includes: visual inspec- 1970. He was a part-time lecturer in the UCLA School of cal, and electrical specialties. Full in-house courtroom vi- tions, invasive testing, leak investigation, water testing, re- Engineering and LMU graduate school. He provided an sual exhibit preparation. Assistance in negotiations, medi- port development, documentation, document review, re- invited article, “Software Engineering & Litigation,” for the ation, arbitration, and litigation. Expert witness testimony. search, mediation and trial expert witness testimony, and Encyclopedia of Software Engineering. He holds the CDP, Additional phone (310) 337-3131 or (916) 638-4848. See cost estimating. is a member of ACM, NSPE, ACFEI, FEWA, a Life Senior display ad on page 55. member of IEEE Computer Society, NSPE, a Fellow of the SPECTRUM DEVELOPERS National Academy of Forensic Engineers (an affiliate of PACIFIC HEALTH & SAFETY CONSULTING, 1241 Flemington Road, Riverside, CA 92506, NSPE) and a professional engineer in California. Formal INC. (951) 776-1194, fax (951) 776-1196, e-mail: steve education includes a BSEE from Loyola University and a 2192 Martin, Suite 230, Irvine, CA 92612, (949) 253-4065, @spectrumdevelopers.com. Web site: www master of engineering from UCLA. e-mail: [email protected]. Web site: www.phsc-web .spectrumdevelopers.com. Contact Steve Koppes. .com. Contact Tim Morrison. Providing quality consulta- Inspections, expert testimony, and consulting for LEGAL FRIENDLY TECHNOLOGIES tion and expert witness for mold, bacteria, lead, and as- construction defects related to swimming pools, fountains, 3518 Dunn Drive, Suite 206, Los Angeles, CA 90034, bestos. Certified training for all health and safety OSHA, and spas. (310) 558-8328, e-mail: [email protected]. AQMD and FPT regulations. See display ad on page 61. Web site: www.LegalFriendly.com. Contact Benjamin TILE INSTITUTE OF AMERICA “TIA” Sotelo, president and legal engineer. Legal Friendly PINNACLEONE 2060 East Avede Los Arboles, Suite D488, Thousand Technologies has authored articles for the Computer 445 South Figueroa Street, Suite 3650, Los Angeles, CA Oaks, CA 91362, (805) 371-8453, fax (805) 371-8455, Counselor section of Los Angeles Lawyer magazine for 90071, (213) 486-9884, fax (213) 486-9894, e-mail: e-mail: [email protected]. Contact Gerald M. Halweg, the last half decade. Legal Friendly also authors law office [email protected]. Established in 1980, Pinna- CTC, CSI, TTA. Specialties: 35 years’ experience. Master technology articles for the L.A. Paralegal Association Re- cleOne is a national firm of leading construction consul- expert for tile, marble, and natural stone, waterproof mem- porter and Law Office Computing magazine. The L.A. tants who promote a full range of professional services, branes, mortar, reinforcing, plaster, spas, pools, sound- Paralegal Association has recognized Legal Friendly as a including dispute avoidance and resolution, claims analy- rated floor system; forensic research; expert witness; in- benefactor member. Legal Friendly is recognized as ex- sis and management, litigation support services, expert stallation failure investigation; demonstrative evidence; perts in all law office technologies: forensic discovery, witness, project management, financial services, and slips, trips, and falls; defect analysis; friction testing; field data discovery, data recovery, antivirus and antispam more. PinnacleOne regional operations are located in Los and lab testing; quality control; specs; codes; and prod- protection, document depositories, time and billing, wire- Angeles, San Diego, San Francisco, Irvine, Sacramento, uct investigation.
50 Los Angeles Lawyer November 2006 URS 915 Wilshire Boulevard, Suite 1800, Los Angeles, CA As an Expert Witness in Real Estate Litigation, Attorney 90017, (213) 996-2549, fax (213) 996-2521, e-mail: [email protected]. Expert witness for LAWRENCE H. JACOBSON entitlement, causation damages on design, construction, and geotechnical environmental disputes. Experienced in has consistently been on the Winning Team all types of construction projects. See display ad on page 49. • Real estate and • Lawyer malpractice • Interpretation mortgage brokers’ in business and real of real estate CONSTRUCTION DISPUTES standard of care estate transactions documents COMA CONSULTANTS, INC. Practicing real estate law in California since 1968. Member, Board of Governors, Beverly Hills Bar Association. 2220 Waterfront Drive, Corona Del Mar, CA 92625-1935, Former Vice President-Legal Affairs, California Association of Realtors. California Real Estate Broker since 1978. (949) 673-7273, cell (949) 246-4385, fax (949) 673-2104, e-mail: [email protected]. Contact D. Gordon LAWRENCE H. JACOBSON AB, UCLA 1964, JD UCLA SCHOOL OF LAW 1967 Follett, PE, Principal/Owner. Contractor/subcontractor/ Tel 310.271.0747 Fax 310.271.0757 email [email protected] www.lawrencejacobson.com owner contract disputes, construction quality control and standards of care, claims and construction defects, litiga- LAW OFFICES: 9401 WILSHIRE BLVD. SUITE 1250, BEVERLY HILLS, CA 90212 tion support—expert testimony, trial support, and consul- tation. Working construction manager with over 40 years of experience; institutional, commercial, transportation, and general engineering contractor experience; licensed – Dale A. Eleniak – professional engineer, and licensed general contractor. Expert Witness/Litigation Analysis CONSULTING Real Estate/Commercial & Residential PLUMBING INSPECTION PIPE EVALUATION SERVICES (PIPES) 43141 Business Center Parkway, Suite 201, Lancaster, • Standards of Care, Standards and Practices • Broker Supervison CA 93535, (661) 949-8811, fax (661) 940-7318. Contact • Agency and Disclosure Arnold A. Rodio. Specialties include evaluation of plumb- Attorney, RE broker, C.A.R. panel attorney, DRE Approved Instructor, over 3,000 real estate ing systems and installation in housing, apartment, con- inquiries per year since 1991, author of “The Six Page Deposit Receipt” and over 400 R/E related dominium, and commercial. Expert on uniform plumbing articles published as “Dales Legal Corner.” codes and installation standards. Twenty-eight years’ ex- perience, 8,000+ residential units and assorted commer- TEL 805-579-7834 ■ Dale A. Eleniak, PLC ■ FAX 805-579-7845 cial projects. Active plumbing contractor. Call for CV. 633 BRECKENRIDGE PLACE, SIMI VALLEY CA 93065 [email protected] CORPORATE INVESTIGATIONS
THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA 90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde @capanalysis.com. Web site: www.capanalysis.com. Contact Evy Wild, JD. Specialties: economic, financial, accounting, and statistical analysis for complex litigation, arbitration, regulatory proceedings, and strategic corpo- rate decision making. Assist attorneys with discovery, identification of relevant economic and financial issues, preparation of analytical models, critique of opposing ex- perts, and expert testimony in federal and state courts, and before the FTC and DOJ. Handle matters before the EC, the ITC, and the U.S. Court of international trade. Areas of expertise include antitrust (including cutting- edge analyses of market definition, market power, coordi- nated interactions, and unilateral effects), economic dam- ages, business valuation, investigative and forensic ac- counting and auditing, intellectual property (including patent, trademark, and copyright infringement, and valua- tion of intellectual property), insurance coverage, contract disputes and tort claims, mergers and acquisitions, secu- rities fraud, and full range of jury consulting services. Degrees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.
FULCRUM FINANCIAL INQUIRY 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte @fulcruminquiry.com. Web site: www.fulcruminquiry .com. Contact David Nolte. Our professionals are experi- enced CPAs, MBAs, ASAs, CFAs, affiliated professors, and industry specialists. Our analysis and research com- bined with unique presentation techniques have resulted in an unequaled record of successful court cases and client recoveries. Our expertise encompasses damages analysis, lost profit studies, business and intangible asset valuations, appraisals, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, computer forensics, electronic dis- covery, and analysis of computerized data. Degrees/li- censes: CPAs, CFAs, ASAs, PhDs and MBAs in account-
Los Angeles Lawyer November 2006 51 ing, finance, economics, and related subjects. See dis- accounting, and statistical analysis for complex litigation, play ad on page 2. arbitration, regulatory proceedings, and strategic corpo- rate decision making. Assist attorneys with discovery, WHITE, ZUCKERMAN, WARSAVSKY, LUNA, identification of relevant economic and financial issues, WOLF & HUNT preparation of analytical models, critique of opposing 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA experts, and expert testimony in federal and state courts, 91423, (818) 981-4226, fax (818) 981-4278, and 363 San and before the FTC and DOJ. Handle matters before the Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) EC, the ITC, and the U.S. Court of international trade. 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw Areas of expertise include antitrust (including cutting- .com. Contact Barbara Luna, Drew Hunt, Paul White, edge analyses of market definition, market power, coordi- Jack Zuckerman, Fred Warsavsky, and Bill Wolf. nated interactions, and unilateral effects), economic dam- Expert witness testimony for complex litigation involving ages, business valuation, investigative and forensic ac- damage analyses of lost profits, unjust enrichment, rea- counting and auditing, intellectual property (including sonable royalties, lost earnings, lost value of business, patent, trademark, and copyright infringement, and valua- forensic accounting, fraud investigation, investigative tion of intellectual property), insurance coverage, contract analysis of liability, marital dissolution, and tax planning disputes and tort claims, mergers and acquisitions, secu- and preparation. Excellent communicators with extensive rities fraud, and full range of jury consulting services. De- testimony experience. Prior Big Four accounts. Special- grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. ties includes accounting, breach of contract, business in- terruption, business dissolution, construction defects, de- DOCUMENT EXPERT lays and cost overruns, fraud, insurance bad faith, intel- lectual property including trademark, patent and copy- BLANCO & ASSOCIATES, INC.—FORENSIC right infringement, and trade secrets, malpractice, marital DOCUMENT EXAMINATIONS dissolution, personal injury, product liability, real estate, 655 North Central Avenue, 17th Floor, Glendale, CA spousal support, tax planning and preparation, IRS audit 91203, (818) 545-1155, fax (818) 545-1199, e-mail: info defense, tracing, unfair advertising, unfair competition, @jimblanco.com. Web site: www.jimblanco.com. Contact valuation of businesses, and wrongful termination. See Jim Blanco. Former full time federal and state govern- display ad on page 43. ment forensic document examiner (handwriting expert) with the US Treasury Federal Bureau of ATF and Califor- CRIMINOLOGY/GANGS nia State Department of Justice. Court-qualified and certi- fied ABFDE. Signature, handwriting, and hand printing ex- DR. LEWIS YABLONSKY aminations, writer identification, writer elimination, forgery 2311 Fourth Street, Suite 312, Santa Monica, CA 90405, and counterfeits, computer printed or typewritten docu- phone and fax (310) 450-3697, e-mail: expertwitness ments, medical chart evaluation (in medical malpractice @lewyablonsky.com. Web site: www.lewyablonsky.com. cases), probate, wills, trusts, real estate documents, Contact Dr. Lewis Yablonsky, PhD -NYU. Emeritus pro- deeds, and contracts. All facets of civil and criminal litiga- fessor criminology, California State University Northridge. tion nationally. Professor at other universities, including UCLA, University of Massachusetts, Harvard, Texas A&M, and Columbia ECONOMIC DAMAGES University. Published 19 books on criminology and social problems, including Criminology (1990), Gangsters ADVISORS/EXPERTS @ MCS ASSOCIATES (1997), and Gangs in Court (Lawyers and Judges Pub- 18881 Von Karman, Suite 1175, Irvine, CA 92612, lishers, 2005). Consultant/expert witness in over 230 legal (949) 263-8700, fax (949) 263-0770, e-mail: experts cases in various areas of criminality, especially gangs @mcsassociates.com. Web site: www.mcsassociates (210+ gang cases). Also homicide, drug addiction, com- .com. Contact Norman Katz, managing partner. Na- pany security liability, and responsibility. See Web site. tionally recognized banking, finance, insurance, and real Appointed to the “Panel of Experts” approved by the L.A. estate consulting group (established 1973). Experienced County Superior Court Judge’s Committee. See display litigation consultants/experts include senior bankers, ad on page 67. lenders, consultants, economists, accountants, insurance underwriters/brokers. Specialties: lending customs, prac- DISABILITY/QUALITY OF LIFE LOSSES tices, policies, in all types of lending (real estate, busi- ness/commercial, construction, consumer/credit card), STEPHEN J. MOREWITZ, PHD. & ASSOCIATES banking operations/administration, trusts and invest- 5300 Bothwell Road, Tarzana, CA 91356, (818) 594-1587, ments, economic analysis and valuations/damages as- fax (818) 345-9811, e-mail: [email protected]. Web sessment, insurance claims, coverages and bad faith, site: http//home.earthlink.net/~morewitz/ Contact Dr. real estate brokerage, appraisal, escrow, and construc- Stephen Morewitz, Ph.D. Evaluates sexual harassment tion defects/disputes, and title insurance. impact, sexual harassment policies/procedures, disability, quality of life losses, and stress. BALLENGER, CLEVELAND & ISSA, LLC 10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA DISCOVERY SERVICES 90024, (310) 873-1717, fax (310) 873-6600. Contact Bruce W. Ballenger, CPA, executive managing direc- NAVIGANT CONSULTING tor. Services available: assist counsel in determining One California Plaza, 300 South Grand Avenue, 29th overall strategy. Help evaluate depositions and evidence. Floor, Los Angeles, CA 90071, (213) 670-3285, fax (213) Provide well-prepared, well-documented, and persuasive 670-3250, e-mail: [email protected]. Web in-court testimony regarding complicated accounting, site: www.navigantconsulting.com. Contact Erik Laykin. financial, and business valuation matters, fairness of inter- Computer and Internet technology. Information manage- est rates, feasibility of reorganization plans, fraudulent ment systems failure, cyber fraud and crime, computer conveyances, bankruptcies, mergers and acquisitions, and network forensics, multinational intellectual property, and management misfeasance/malfeasance. More than and economic espionage. 100 open-court testimonies, federal and state, civil and criminal. See display ad on page 63. DISPUTE ANALYSIS BLEUEL ASSOCIATES, INC. THE CAPANALYSIS GROUP, LLC 4587 Tam O’Shanter Drive, Westlake Village, CA 91362, 550 South Hope Street, Suite 1100, Los Angeles, CA (805) 496-8762, fax (805) 496-8768, e-mail: wbleuel 90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde @pepperdine.edu. Contact William H. Bleuel, PhD. Dr. @capanalysis.com. Web site: www.capanalysis.com. Bleuel has over thirty years of academic and industry ex- Contact Evy Wild, JD. Specialties: economic, financial,
52 Los Angeles Lawyer November 2006 perience specializing in product service planning, busi- ness management, after sales service policy and imple- M. NAIR, M.D. mentation, field service organization and operations. He has myriad books, articles and made numerous presenta- tions on these subjects and others related to customer BOARD CERTIFIED: support and service strategies. Dr. Bleuel is an experi- •Psychiatry •Psychopharmacology ence expert witness having testified at deposition and trial • Child Psychiatry • Addiction Medicine on subjects related to service and antitrust issues. • Forensic Psychiatry • Harvard and UC Trained THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA Consultations - IME - Deposition - Record Review 90071, (213) 892-1832, fax (213) 892-2300, e-mail: Second Opinion - Trial Testimony - Civil Litigation [email protected]. Web site: www.capanalysis.com. Contact Evy Wild, JD. Specialties: economic, financial, 562.493.2218 ■ psychiatryforensic.com accounting, and statistical analysis for complex litigation, State Bar Approved MCLE provider arbitration, regulatory proceedings, and strategic corpo- rate decision making. Assist attorneys with discovery, 433 NORTH CAMDEN DRIVE, SUITE 600, BEVERLY HILLS, CALIFORNIA 90210 identification of relevant economic and financial issues, preparation of analytical models, critique of opposing ex- perts, and expert testimony in federal and state courts, and before the FTC and DOJ. Handle matters before the EC, the ITC, and the U.S. Court of international trade. Areas of expertise include antitrust (including cutting- Insurance Bad Faith Expert edge analyses of market definition, market power, coordi- nated interactions, and unilateral effects), economic dam- ages, business valuation, investigative and forensic ac- counting and auditing, intellectual property (including Clinton E. Miller, J.D., BCFE patent, trademark, and copyright infringement, and valua- Author: How Insurance Companies Settle Cases tion of intellectual property), insurance coverage, contract disputes and tort claims, mergers and acquisitions, secu- 39 YEARS EXPERIENCE rities fraud, and full range of jury consulting services. De- grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. Qualified Trial Insurance Expert in Civil & Criminal Cases Nationwide • Coverage Disputes • Customs and Practices in the Insurance Industry CORNERSTONE RESEARCH • Good Faith/Bad Faith Issues 515 South Flower Street, Suite 2900, Los Angeles, CA 90071, (213) 553-2500, fax (213) 553-2699, e-mail: ■ [email protected]. Web site: www.cornerstone (408) 279-1034 FAX (408) 279-3562 .com. Contact George G. Strong, Jr. Cornerstone Research provides attorneys with expert testimony and economic and financial analyses in all phases of commer- cial litigation. We work with faculty and industry experts in a distinctive partnership that combines the strengths of the business and academic worlds. Our areas of exper- tise include identifying and supporting expert witnesses in intellectual property, antitrust, securities, entertainment, real estate, financial institutions, and general business liti- gation.
CORPORATE SCIENCES, INC. 3215 E. Foothill Boulevard, Pasadena, CA 91107 Phone: (626) 440-7200, fax: (626) 440-1800, e-mail: jsdantoni @hotmail.com. Website: www.corporatesciences.com. Contact Dr. Joseph S. D’Antoni, Managing Principal. Corporate Sciences, Inc. provides financial analysis and expert testimony in all types of commercial litigation. Ex- tensive experience in a broad range of industries for com- puting economic damages, lost profits, valuation and ap- praisal, fraud, breach of contract, partnership disputes and bankruptcy related matters. Professionals also serve as mediators, arbitrators, special masters, third party ad- ministrators as well as consulting and testifying experts.
ECON ONE RESEARCH, INC. 601 West Fifth Street, 5th Floor, Los Angeles, CA 90071, (213) 624-9600, fax (213) 624-6994, e-mail: lskylar @econone.com. Web site: www.econone.com. Contact Lisa Skylar, general manager. Econ One is an economic research and consulting firm with extensive experience combining theory and empirical analyses. We understand the need for clear, accurate, persuasive answers to com- plex problems. We work with our clients to keep our ef- forts focused on necessary tasks, with close attention to costs. We provide economic analysis and expert testi- mony in many areas, including: antitrust, contract dis- putes, damages analysis/calculations, intellectual prop- erty and patent infringement, market analysis, regulation, employment issues, and unfair competition.
Los Angeles Lawyer November 2006 53 FULCRUM FINANCIAL INQUIRY 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA EXPERT WITNESS — Claims Consultant 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte @fulcruminquiry.com. Web site: www.fulcruminquiry .com. Contact David Nolte. Our professionals are experi- OVER 40 YEARS EXPERIENCE as a claims adjuster, licensed in three states enced CPAs, MBAs, ASAs, CFAs, affiliated professors, and qualified in state and federal courts. Expert in good faith/bad faith, and industry specialists. Our analysis and research com- standards and practices and standard in the industry. Specialties in bined with unique presentation techniques have resulted property/casualty construction defect, fire/water, uninsured/underinsured in an unequaled record of successful court cases and motorist, warehouse and cargo claims. Litigation support, case review and client recoveries. Our expertise encompasses damages EXPERIENCE analysis, lost profit studies, business and intangible asset evaluation claim consultation, coverage review and evaluations. valuations, appraisals, fraud investigations, statistics, INTEGRITY forensic economic analysis, royalty audits, strategic and Contact Gene Evans at E. L. Evans Associates market assessments, computer forensics, electronic dis- HONESTY Phone (310) 559-4005 / Fax (310) 390-9669 / E-mail [email protected] covery, and analysis of computerized data. Degrees/li- censes: CPAs, CFAs, ASAs, PhDs and MBAs in account- ing, finance, economics, and related subjects. See dis- 331 0 A IRPORT AVENUE, SUITE 2, SA NTA MONICA , CALIFORNIA 9 0 4 0 5 play ad on page 2.
HIGGINS, MARCUS & LOVETT, INC. 800 South Figueroa Street, Suite 710, Los Angeles, CA LEGAL MALPRACTICE, ETHICS AND 90017, e-mail: [email protected]. Web site: www.hmlinc .com. Contact Mark C. Higgins, ASA, president. The FEE DISPUTE EXPERT WITNESS firm has over 25 years of litigation support and expert tes- timony experience in matters involving business valuation, BOYD S. LEMON, ESQ. economic damages, intellectual property, loss of business goodwill, and lost profits. Areas of practice include busi- YEARS TRIAL EXPERIENCE; RETAINED EXPERT ness disputes, eminent domain, bankruptcy, and corpo- 40 rate and marital dissolution. See display ad on page 47. IN MORE THAN 700 CASES; FORMER MAJOR LAW FIRM LITIGATION DEPARTMENT CHAIR; STATE BAR HOLLIS & ASSOCIATES DISCIPLINARY COMMITTEE; ATTORNEY FEE DISPUTE 238 Pasadena Avenue, Suite 200, South Pasadena, CA 91030-2920, (626) 441-1103, fax (626) 441-1107, e-mail: ARBITRATOR; COURT APPOINTED MEDIATOR. [email protected]. Contact Michael R. Hollis, MBA, MA (Econ). Economic damages analysis 805-667-2137 • 310-860-4767 • www.legalmalexpert.com and expert witness testimony regarding personal injury, wrongful death, earning capacity, household services, wrongful termination, employment discrimination, sexual harassment, medical malpractice, business damages (lost profits), products liability, and pediatrics.
KAPLAN ABRAHAM BURKERT & COMPANY Forensic valuation consultants. 5950 Canoga Avenue, Suite 200, Woodland Hills, CA 91367, (818) 888-0066, fax (818) 888-8860. Contact Michael G. Kaplan, CPA, CVA, CFFA. Expert witness services and preparation in matters involving business disputes, goodwill, economic dam- ages, loss of earnings and profits, fraud and embezzle- ment, forensic accounting, business valuation, marital dis- solution, legal and accountants’ malpractice, wrongful ter- mination, intellectual property, and bankruptcy. Member of Voir Dire Partners, LLC. Affiliated offices nationwide.
KROLL 777 South Figueroa Street, Suite 2400, Los Angeles, CA 90017, (213) 443-6090, fax (213) 443-6054. Contact Troy Dahlberg, CPA/ABV, [email protected], Christian Tregillis, CPA/ABV, [email protected] or Douglas Farrow, CPA/CFE, [email protected]. Investigations, economic damages and valuation firm with offices across the country and around the globe. Specialties include ac- counting, financial, economic and statistical analysis, as well as computer forensics, in the context of commercial litigation and forensic investigations; accounting/fraud, se- curities, intellectual property (including damages analy- ses, licensing and valuation), breach of contract, lost prof- its, royalty audits, corporate governance, business valua- tion, real estate, construction, and bankruptcy. Practition- ers include former partners at Big Four accounting firms, law enforcement/FBI, computer forensics, and appraisers. See display ad on page 63.
SANLI PASTORE & HILL, INC. 1990 South Bundy Drive, Suite 800, Los Angeles, CA 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- dress: www.sphvalue.com. Contact Nevin Sanli or Tom Pastore. Sanli Pastore & Hill, Inc. is a premier provider of business valuation and valuation advisory services, spe-
54 Los Angeles Lawyer November 2006 cializing in litigation support and expert witness testimony. ties includes accounting, breach of contract, business in- Services include valuations for goodwill loss, estate and terruption, business dissolution, construction defects, de- gift tax planning (family limited partnerships), lost profit lays and cost overruns, fraud, insurance bad faith, intel- analysis, mergers and acquisitions, goodwill impairment, lectual property including trademark, patent and copy- fairness and solvency opinions, ESOPs, incentive stock right infringement, and trade secrets, malpractice, marital options, capital raises, corporate, partnership, and marital dissolution, personal injury, product liability, real estate, dissolutions. Comprehensive economic, industry, and spousal support, tax planning and preparation, IRS audit market research. Extensive experience in expert witness defense, tracing, unfair advertising, unfair competition, testimony, pretrial preparation, and settlement negotia- valuation of businesses, and wrongful termination. See tions. See display ad on page 44. display ad on page 43. Air Weather & Sea Conditions, Inc. SCHULZE HAYNES LOEVENGUTH & CO. WILLIAMS & RIBB LLP 660 South Figueroa Street, Suite 1280, Los Angeles, 600 Wilshire Boulevard, Suite 1515, Los Angeles, CA Clear, plain-language and convincing CA 90017, (213) 627-8280, fax (213) 627-8301, e-mail: 90017-3227, (213) 683-1013, fax (213) 683-0510, e-mail: expert testimony, reports and analyses [email protected]. Web site: www [email protected]. Contact Charles R. Gross, to reconstruct weather, storm, and .schulzehaynes.com. Contact Karl J. Schulze, principal. partner. Specialties: expert witness testimony and foren- atmospheric conditions at location and Specialties: forensic business analysis and accounting, sic accounting services in business and contract dis- time of interest. lost profits, economic damages, expert testimony, discov- putes, marriage dissolution, and lost profits, and earnings ery assistance, business valuations, construction claims, disputes, earnings loss and economic damage calcula- Wind and rain assessments, and indica- corporate recovery, financial analysis and modeling, tions, income tax analysis, and fraud investigations. Our tions of their normalcy, unusualness and major professional organizations, and have experience expertise encompasses engineering training, operational foreseeability. across a broad spectrum of industries and business business experience, plus accounting and financial con- Authoritative, certified data acquisition, issues. Degrees/licenses: CPA; CVA; CFE; ABV; PhD- sulting, including economic analysis. Degrees/licenses: preparation of exhibit materials, site economics. CPA; BS; Engineering; Masters; Management Science; visits and evaluations of reports for legal Registered Investment Advisor; Insurance and Securities and insurance matters including building THOMAS NECHES & COMPANY LLP Advisor; Financial Planner. projects, mold, and accidents. 520 South Grand Avenue, Suite 350, Los Angeles, CA 90071-2662, (213) 624-8150, fax (213) 624-8152, e-mail: ECONOMICS Excellent client references provided on [email protected]. Web site: www.thomasneches request. .com. Contact Thomas M. Neches, CPA, ABV, CVA, THE CAPANALYSIS GROUP, LLC CFE. Accounting, financial, business valuation, and statis- 550 South Hope Street, Suite 1100, Los Angeles, CA Jay Rosenthal CCM tical analyses to assist attorneys in litigation. Expert testi- 90071, (213) 892-1832, fax (213) 892-2300, e-mail: CERTIFIED CONSULTING METEOROLOGIST [email protected]. Web site: www.capanalysis.com. mony in state and federal courts. Cases: Antitrust, breach Phone 818.645.8632 or 310.454.7549 of contract, fraud, intellectual property, lost business Contact Evy Wild, JD. Specialties: economic, financial, Fax 310.454.7569 value, lost profits, wrongful death, and wrongful termina- accounting, and statistical analysis for complex litigation, E-mail [email protected] tion. Industries: banking, construction, entertainment, in- arbitration, regulatory proceedings, and strategic corpo- www.weatherman.org rate decision making. Assist attorneys with discovery, surance, manufacturing, retail, securities, and wholesale. P. O. Box 512, Pacific Palisades, CA 90272 Credentials: certified public accountant/accredited in identification of relevant economic and financial issues, business valuation, certified valuation analyst, certified preparation of analytical models, critique of opposing ex- fraud examiner. Education: BA (Mathematics) UC San perts, and expert testimony in federal and state courts, Diego, MS (Operations Research) UCLA. Teaching: Ad- and before the FTC and DOJ. Handle matters before the junct Professor, Loyola Law School. See display ad on EC, the ITC, and the U.S. Court of international trade. page 45. Areas of expertise include antitrust (including cutting- edge analyses of market definition, market power, coordi- VICENTI, LLOYD & STUTZMAN LLP nated interactions, and unilateral effects), economic dam- 2210 East Route 66, Suite 100, Glendora, CA 91740, ages, business valuation, investigative and forensic ac- (626) 857-7300, fax (626) 857-7302, e-mail: rstutzman counting and auditing, intellectual property (including @vlsllp.com. Web site: www.vlsllp.com. Contact Royce patent, trademark, and copyright infringement, and valua- Stutzman, CVA, CPA/ABV, Chairman. Our certified pro- tion of intellectual property), insurance coverage, contract fessionals serve as consultants and experts in business disputes and tort claims, mergers and acquisitions, secu- valuations and litigation support. We conduct valuations rities fraud, and full range of jury consulting services. De- related to mergers and acquisitions, buy-sell agreements, grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. purchase/sale of closely held businesses, partner dis- putes, etc. Our forensic accounting experts assess the COHEN, MISKEI & MOWREY LLP amount of an economic loss, whether it be business inter- 15303 Ventura Boulevard, Suite 1150, Sherman Oaks, CA ruption from casualty, unfair competition, condemnation, 91403, (818) 986-5070, fax (818) 986-5034, e-mail: damage caused by others, or loss of earnings from vari- [email protected]. Contact Scott Mowrey. Spe- ous events. Our fraud investigation team reviews docu- cialties: consultants who provide extensive experience, lit- mentation, interviews witnesses and suspects, and as- igation support, and expert testimony regarding forensic sesses evidence to resolve allegations. We provide expert accountants, fraud investigations, economic damages, witness testimony and implement fraud prevention pro- business valuations, family law, bankruptcy, and reorgani- grams. VLS Celebrates 53 Years of Quality Service! zation. Degrees/license: CPAs, CFEs, MBAs. See display ad on page 53. WHITE, ZUCKERMAN, WARSAVSKY, LUNA, WOLF & HUNT SANLI PASTORE & HILL, INC. 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA 1990 South Bundy Drive, Suite 800, Los Angeles, CA 91423, (818) 981-4226, fax (818) 981-4278, and 363 San 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) dress: www.sphvalue.com. Contact Nevin Sanli or Tom 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw Pastore. Sanli Pastore & Hill, Inc. is a premier provider of .com. Contact Barbara Luna, Drew Hunt, Paul White, business valuation and valuation advisory services, spe- Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex- cializing in litigation support and expert witness testimony. pert witness testimony for complex litigation involving Services include valuations for goodwill loss, estate and damage analyses of lost profits, unjust enrichment, rea- gift tax planning (family limited partnerships), lost profit sonable royalties, lost earnings, lost value of business, analysis, mergers and acquisitions, goodwill impairment, forensic accounting, fraud investigation, investigative fairness and solvency opinions, ESOPs, incentive stock analysis of liability, marital dissolution, and tax planning options, capital raises, corporate, partnership, and marital and preparation. Excellent communicators with extensive dissolutions. Comprehensive economic, industry, and testimony experience. Prior Big Four accounts. Special- market research. Extensive experience in expert witness
Los Angeles Lawyer November 2006 55 EXPERT – PSYCHIATRY testimony, pretrial preparation, and settlement negotia- FULCRUM FINANCIAL INQUIRY tions. See display ad on page 44. 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA JEFF SUGAR, MD 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte ELECTRICAL @fulcruminquiry.com. Web site: www.fulcruminquiry Child, Adolescent & .com. Contact David Nolte. Our professionals are experi- Adult Psychiatrist ROBERT J. ABEND, PE enced CPAs, MBAs, ASAs, CFAs, affiliated professors, Assistant Clinical 1658 Laraine Circle, San Pedro, CA 90732, cell (310) 346- and industry specialists. Our analysis and research com- Professor, UCLA & USC 6543, (310) 221-0716, fax (310) 221-0716, e-mail: bined with unique presentation techniques have resulted [email protected] Web site: www.linkline.com/per- in an unequaled record of successful court cases and A practicing psychiatrist for onal/rabend. Specialties: Electrical engineering, computer client recoveries. Our expertise encompasses damages 17 years, he is board cert- forensics, data recovery, electronic discovery, computer analysis, lost profit studies, business and intangible asset ified in child and general engineering, software, electronics, microelectronics, elec- valuations, appraisals, fraud investigations, statistics, psychiatry. He is Past Pres- tronics manufacturing, intellectual property, and trade se- ident of the Southern Cal- forensic economic analysis, royalty audits, strategic and cret litigation. Technical support during case preparation. ifornia Society of Child and market assessments, computer forensics, electronic dis- Practiced at court and deposition testimony. Thirty-five Adolescent Psychiatry and Assistant Clinical Professor covery, and analysis of computerized data. Degrees/li- at USC and UCLA. As founding director of research at years of experience in the electronics and computer in- censes: CPAs, CFAs, ASAs, PhDs and MBAs in account- Hathaway Children and Family Services he led a study dustry. Thirteen years as a forensic engineering consul- ing, finance, economics, and related subjects. See dis- of the long-term effects of trauma. tant. References provided on request. Degrees/licenses: play ad on page 2. Currently ward chief: University of Southern BSEE, MS, Registered Professional Engineer, Certified California, adolescent inpatient unit and in private EnCase Computer Forensic Examiner, FCC General Ra- SETEC INVESTIGATIONS practice-general and child psychiatry. diotelephone license. 8391 Beverly Boulevard, Suite 167, Los Angeles, CA Dr. Sugar’s reports and/or testimony have had 90048, (800) 748-5440, fax (323) 939-5481, e-mail: an impact in cases (both child and adult) involving: ELECTRICAL ACCIDENTS [email protected]. Web site: www •Trauma: Sexual and Physical Abuse (with .setecinvestigations.com. Contact Todd Stefan. Setec JAMES A. SMITH, CONSULTANT or without PTSD) Investigations offers unparalleled expertise in computer 2562 Treasure Drive, Suite 4102, Santa Barbara, CA •Personal Injury and Workers’ Compensation forensics and enterprise investigations providing personal- 93105-4177, (805) 687-7911, fax (805) 687-0832, e-mail: •Psychiatric Medication Issues ized, case-specific forensic analysis and litigation support [email protected]. Electrical accidents, electrocution •Diagnosis and Appropriate Treatment services for law firms and corporations. Setec Investigations and electric shock, analyzing what happened and why, •Ethical issues and Stress in Legal Practice possesses the necessary combination of technical expertise, consulting on case strategy, and being an expert witness, •Battered Woman’s Syndrome understanding of the legal system, and specialized tools National Electric Code compliance, California GO-95 •Child Custody and processes enabling the discovery, collection, investi- compliance, National Electric Safety Code compliance, gation, and production of electronic information for inves- –FREE Initial Telephone Consultation with Attorney– protective relaying, and equipment and product testing. tigating and handling computer-related crimes or misuse. ATTORNEY REFERENCES AND/OR REDACTED PAST Our expertise includes computer forensics, electronic dis- REPORTS AVAILABLE ON REQUEST. ELECTRICAL ENGINEERING covery, litigation support, and expert witness testimony. TEL: (310) 291-0886 | E-MAIL: [email protected] CTG FORENSICS, INC. EMPLOYMENT 312 E SYCAMORE AVE, EL SEGUNDO, CA 90245 16 Technology Drive, Suite 109, Irvine, CA 92618, (949) 790-0010, fax (949) 790-0020, e-mail: mlewis@ BIDDLE CONSULTING GROUP, INC. CTGforensics.com. Web site: www.CTGforensics.com. 193 Blue Ravine Road, Suite 270, Folsom, CA 95639, Contact Dr. Malcolm Lewis, PE. Construction-related (916) 294-4250, fax (916) 294-4255, e-mail: staff@biddle engineering, plumbing, mechanical (heating, ventilating, .com. Web site: www.biddle.com. Contact Dan Biddle, A/C) and electrical (power, lighting), energy systems, resi- EXPERT WITNESS PhD, president. We specialize in compensation analysis, dential and nonresidential buildings, construction defects, test development, EEO/AA reviews, validation studies construction claims, and mold. SERVICES (content, criterion-related), and adverse impact analyses. We have a special emphasis in the protective service ELECTRONIC DISCOVERY • Bankruptcy - Interest Rates fields. Over 30 staff. Degrees/licenses: MA, PhD, other staff with various degrees. • Banking - Lending & Operations ROBERT J. ABEND, PE 1658 Laraine Circle, San Pedro, CA 90732, cell (310) • Lender Liability, Letters of 346-6543, (310) 221-0716, fax (310) 221-0716, e-mail: ECON ONE RESEARCH, INC. 601 West Fifth Street, 5th Floor, Los Angeles, CA 90071, Credit, Guarantees [email protected] Web site: www.linkline.com /peronal/rabend. Specialties: Electrical engineering, com- (213) 624-9600, fax (213) 624-6994, e-mail: lskylar • Forgery, Credit Cards puter forensics, data recovery, electronic discovery, com- @econone.com. Web site: www.econone.com. Contact puter engineering, software, electronics, microelectronics, Lisa Skylar, general manager. Econ One is an economic Checking Account Disputes electronics manufacturing, intellectual property, and trade research and consulting firm with extensive experience combining theory and empirical analyses. We understand • Consumer, Commercial, Real secret litigation. Technical support during case prepara- tion. Practiced at court and deposition testimony. Thirty- the need for clear, accurate, persuasive answers to com- Estate, Construction Loans five years of experience in the electronics and computer plex problems. We work with our clients to keep our ef- & Regulatory Issues industry. Thirteen years as a forensic engineering consul- forts focused on necessary tasks, with close attention to tant. References provided on request. Degrees/licenses: costs. We provide economic analysis and expert testi- • Credit Damages BSEE, MS, Registered Professional Engineer, Certified mony in many areas, including: antitrust, contract dis- putes, damages analysis/calculations, intellectual prop- • Appraisal and Expert referrals EnCase Computer Forensic Examiner, FCC General Ra- diotelephone license. erty and patent infringement, market analysis, regulation, employment issues, and unfair competition. –35 years experience – BURGESS CONSULTING & FORENSICS 2255 South Broadway, Suite 9, Santa Maria, CA 93454, EQUILAW CEO, Director, Sr. Loan Officer, (805) 349-7676, fax (805) 349-7790, e-mail: steve 10061 Riverside Dr. Suite 536, Toluca Lake, CA 91602, State & Federal Court @burgessforensics.com. Web site: www.burgessforensics (818) 762-7676, fax (818) 762-8003, e-mail: jyanow .com. Contact Steve Burgess. Since 1984, Burgess has @equilaw.com. Web site: www.equilaw.com. Contact performed services for thousands of clients on tens of Julie B Yanow, Principal. More than 19 years of employ- THOMAS TARTER thousands of media. Computer forensic, electronic discov- ment and labor law experience. EquiLaw assists clients ANDELA CONSULTING GROUP ery (e-discovery) and expert witness services. Burgess with workplace investigations of harassment, discrimina- tion, retaliation/other misconduct; workplace training in 818-380-3102 or 818-884-2525 Consulting will find whatever is there and explain it in a fashion that you, a judge, or jury can understand. Profes- harassment/discrimination prevention, HR practices, man- E-Mail: [email protected] sional and complete. Almost any type of media (hard dri- agement skills, and executive coaching. EquiLaw also of- fers expert consulting/testimony regarding the prevention, www.commercepartners.org ves, tapes, removable media, flash cards) and operating system (Windows, Macintosh, Linux, Exchange). Accom- investigation, elimination of unlawful workplace harass- plished testimony in court and deposition. ment, discrimination, retaliation, wrongful termination, and management issues. See display ad on page 54.
56 Los Angeles Lawyer November 2006 G. GOVINE CONSULTING 260 North Mar Vista, Suite #2, Pasadena, CA 91106-1413, (626) 564-0502, fax (626) 564-0502, e-mail: info LAWRENCE R. MOSS, M.D. PSYCHIATRY @govineconsults.com. Web site: www.govineconsults .com. Contact Dr. Gerda Govine. Specializes in employ- CIVIL LITIGATION UCLA-trained, board certified in general and ment discrimination, sexual harassment including AB • 1825 training, wrongful termination, age discrimination, MEDICAL/DENTAL forensic psychiatry MALPRACTICE communications, training and analysis, evaluation of • 15 years’ experience as examining & testifying human resource policies, practices, procedures, hand- EMPLOYMENT LAW books, systems, and evaluation of sexual harassment forensic psychiatrist WORKERS’ matters. Practices of employment discrimination, and me- • Active teaching faculty at UCLA Medical School diation. See display ad on page 52. COMPENSATION DISABILITY Phi Beta Kappa (MIT–1975) HAIGHT CONSULTING 1726 Palisades Drive, Pacific Palisades, CA 90272, (310) 454-2988, fax (310) 454-4516. Contact Marcia Haight, 2999 Overland Avenue #201 Lawrence R. Moss, M.D. Los Angeles, CA 90064 SPHR. Human resources expert knowledgeable in both TEL 310 838-6306 FAX 310 838-6362 [email protected] federal and California law. Twenty-five years’ corporate human resources management experience plus over 16 years as a Human Resources Compliance Consultant in California. Specializations include sexual harassment, ADA/disability discrimination, other Title VII and FEHA dis- crimination and harassment, retaliation, FMLA/CFRA, safety, and wrongful termination. Courtroom testimony and deposition experience. Retained 60 percent by de- fense, 40 percent by plaintiff. Audit employer’s actions in preventing and resolving discrimination, harassment, and retaliation issues. Assess human resources policies and practices for soundness, for comparison to prevailing practices, and for compliance. Evaluate employer respon- siveness to complaints and effectiveness of employer in- vestigations. Assist counsel via preliminary case analysis, discovery strategy, examination of documents, and expert testimony.
HRM CONSULTING, INC. P.O. Box 1786, Murphys, CA 95247, (209) 728-8905, fax (209) 728-8970, e-mail: [email protected]. Web site: www.hrmconsulting.com. Contact Beth Brascugli Hirsch, MBA, SPHR. Ms. Hirsch’s experience includes working on employment and vocational rehabilitation mat- ters from both the employee and employer perspective. Her expertise is utilized in ADA/FMLA, FMLA/CFRA, wrongful termination, and sexual harassment cases. We provide litigation support, expert testimony, and investiga- tions, and specialize in helping companies implement strategies to comply with the complicated realm of per- sonnel management regulations. Ms. Hirsch is nationally certified as a SPHR and sits on the International Employ- ment Health, Safety and Security Panel.
EMPLOYMENT/DISCRIMINATION/ HARASSMENT
BRIAN H. KLEINER, PHD, MBA Professor of Human Resource Management, California State University, 800 North State College Boulevard, LH- 640, Fullerton, CA 92834, (714) 879-9705, fax (714) 879- 5600. Contact Brian H. Kleiner, PhD. Specializations in- clude wrongful termination, discrimination, sexual harass- ment, ADA, evaluation of policies and practices, reason- able care, progressive discipline, conducting third-party workplace investigations, retaliation, RIFs, statistics, negli- gent hiring, promotion selections, CFRA/FMLA, compen- sation, wage and hours, ERISA, workplace violence, and OSHA. Consultant to over 100 organizations. Over 500 publications. Five-time winner of CSUF Meritorious Perfor- mance Award. Extensive experience giving testimony ef- fectively.
ENGINEER TRAFFIC
WILLIAM KUNZMAN, PE 1111 Town and Country #34, Orange, CA 92868, (714) 973-8383, fax (714) 973-8821, e-mail: mail@traffic-engineer .com. Web site: www.traffic-engineer.com. Contact William Kunzman, PE. Traffic expert witness since 1979, both defense and plaintiff. Auto, pedestrian, bicycle, and motorcycle accidents. Largest settlement: $2,000,000
Los Angeles Lawyer November 2006 57 solo vehicle accident case against Caltrans. Before be- ENVIRONMENTAL EXPERT REFERRAL SERVICE coming expert witnesses, employed by Los Angeles County Road Department, Riverside County Road Depart- THE CAPANALYSIS GROUP, LLC FORENSIC EXPERT WITNESS ASSOCIATION ment, City of Irvine, and Federal Highway Administration. 550 South Hope Street, Suite 1100, Los Angeles, CA 2402 Vista Nobleza, Newport Beach, CA 92660, (949) Knowledge of governmental agency procedures, design, 90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde 640-9903, fax (949) 640-9911, e-mail: [email protected]. geometrics, signs, traffic controls, maintenance, and @capanalysis.com. Web site: www.capanalysis.com. Web site: www.forensic.org. Contact Norma S. Fox, pedestrian protection barriers. Hundreds of cases. Contact Evy Wild, JD. Specialties: economic, financial, executive director. Nonprofit professional association. Undergraduate work—UCLA; graduate work—Yale Uni- accounting, and statistical analysis for complex litigation, Education through monthly meetings, workshops, and versity. arbitration, regulatory proceedings, and strategic corpo- annual conference. Referral service. Five chapters rate decision making. Assist attorneys with discovery, throughout California. See display ad on page 52. ENGINEERING identification of relevant economic and financial issues, preparation of analytical models, critique of opposing ex- TASA (TECHNICAL ADVISORY SERVICE FOR ACORN CONSULTING SERVICES, LLC perts, and expert testimony in federal and state courts, ATTORNEYS) 2830 North Swan Road, Suite 140, Tucson, AZ 85712, and before the FTC and DOJ. Handle matters before the (800) 523-2319, fax (800) 329-8272. The best source for (520) 322-6150, fax (520) 327-0062, e-mail: bill@acs-eng EC, the ITC, and the U.S. Court of international trade. Consulting and Testifying Experts, TASA provides time- .com. Web site: www.acs-eng.com. Contact William R. Areas of expertise include antitrust (including cutting- saving, customized referrals to outstanding, local, na- Acorn. PE. Over 30 years’ experience as a consulting en- edge analyses of market definition, market power, coordi- tional, and global specialists, including hard-to-find au- gineer providing value added technical consultation, nated interactions, and unilateral effects), economic dam- thorities in virtually all professions. We offer more than forensic analysis, and expert testimony. Specializing in ages, business valuation, investigative and forensic ac- 10,000 categories of expertise, including over 900 med- HVAC systems, cleanrooms, piping and refrigeration sys- counting and auditing, intellectual property (including ical specialties through the TASAmed division. Your re- tems, building and fire codes, design and construction is- patent, trademark, and copyright infringement, and valua- quest receives our prompt personal attention. Our ser- sues, and hazardous occupancies. Successfully repre- tion of intellectual property), insurance coverage, contract vices include unlimited searches, referrals, resumes, and sent plaintiffs, defendants and insurers in court, arbitration disputes and tort claims, mergers and acquisitions, secu- initial screening telephone interviews, which we help you and mediation settings with claims up to $250 million. rities fraud, and full range of jury consulting services. De- arrange with candidates. And if you don’t ultimately desig- ACS provides a unique combination of practical, theoreti- grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. nate or engage an expert we refer, there is NO CHARGE cal, and teaching experience to support your litigation at all. Plaintiff/defense, civil/criminal cases, and ADR. Ex- needs. HARGIS + ASSOCIATES, INC. perts can assist you at any stage of your case from early 2365 Northside Drive, Suite C-100, San Diego, CA 92108, case merit assessment to deposition and testimony. Sam- ARGOS ENGINEERING (800) 554-2744, (619) 521-0165, fax (619) 521-8580, ple expertise categories include accident reconstruction, 44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax e-mail: [email protected]. Web site: www.hargis.com. banking, computers, construction, economics, electron- (949) 429-5972, e-mail: [email protected]. Web site: Contact David R. Hargis, PhD, PG. Expert witness testi- ics, engineering, forensic accounting, healthcare, intellec- www.argos-engineering.com. Contact John D. Pratt, mony, technical consultation, and litigation support con- tual property, machine design, medical devices, mold, PhD, PE. Litigation consulting, testing, inspections, depo- cerning hydrogeologic assessments to evaluate ground- OSHA, personal injury, product liability, safety, security, sition, and trial testimony. water supply, basin studies, nature/extent of soil/ground- and toxicology. Over 45 years of successful referrals to water contamination, source identification, identification of California’s finest law and insurance firms. Please see in- FORENSISGROUP potentially responsible parties, cost allocation studies, sert in this issue and display ad on page 64. 3452 East Foothill Boulevard, Suite 1160, Pasadena, CA and negotiations with USEPA and state regulatory agen- 91107, (800) 555-5422, (626) 795-5000, fax (626) 795- cies involving cleanup levels and approval of EXPERT WITNESS 1950, e-mail: [email protected]. Web site: RI/FS/RD/RA documents for various state and federal Su- www.forensisgroup.com. Contact Mercy Steenwyk. perfund sites. See display ad on page 51. AMFS, INC. (AMERICAN MEDICAL FORENSIC Thousands of our clients have gained the technical ad- SPECIALIST) vantage and the competitive edge in their cases from our PCR SERVICES CORPORATION 2640 Telegraph Avenue, Berkeley, CA 94704, (800) resource group of high-quality experts in construction, 233 Wilshire Boulevard, Suite 130, Santa Monica, CA 275-8903, (510) 549-1693, fax (510) 486-1255, e-mail: medical, engineering, product liability, safety, environ- 90401, (310) 451-4488, fax (310) 451-5279, e-mail: [email protected], Web page: www mental, accident reconstruction, automotive, failure analy- [email protected]. Web site: www.pcrnet.com. .medicalexperts.com. Contact Barry Gustin, MD, MPH, sis, fires, explosions, slip and fall, real estate, economics, Contact Gregory J. Broughton. PCR provides authorita- FACEP. AMFS is a physician and attorney managed appraisal, employment, computers, and other technical tive and experienced expert testimony related to matters company that provides initial in-house case screenings by and scientific disciplines. We provide you with a select subject to the California Environmental Quality Act 72 multidisciplinary physician partners. Medical experts group of high-quality experts as expeditiously as possi- (CEQA) and National Environmental Policy Act (NEPA), in are matched to meet case requirements by AMFS Physi- ble. Unsurpassed recruitment standards. Excellent client general, and regarding technical aspects of biological re- cian Partners from our panel of over 3,500 carefully pre- service. See display ad on page 41. sources, archaeological, paleontological or historic re- screened board-certified practicing specialists in Califor- sources, air quality, human health risk, meteorology, envi- nia. All recognized medical specialties. Plaintiff and de- HICHBORN CONSULTING GROUP ronmental acoustics, vibration, acoustic mitigation, public fense. Fast, thorough, objective, and cost-effective. Med- 1988 North Tustin Avenue, Orange, CA 92865, (714) 637- utility and services systems, land use policy, and scenic ical negligence, hospital and managed care, personal in- 7400, fax (714) 637-7488, e-mail: hichbornsr@hichborn and aesthetic resources, in particular. jury, product liability, and toxic torts. “A 92 percent win .com. Web site: www.hichborn.com. Contact Geoffrey record” –California Lawyer magazine. Ask about our evi- Hichborn Sr. General civil design with specialties featur- ESCROW dence based causation program and money-back guar- ing forensic investigations of concrete work and concrete antees. See display ad on page 64. products, concrete, cement and related materials exper- ADVISORS/EXPERTS @ MCS ASSOCIATES tise, construction practices and materials evaluation, re- 18881 Von Karman, Suite 1175, Irvine, CA 92612, SINAIKO HEALTHCARE CONSULTING, INC. pair recommendations, construction observation, public (949) 263-8700, fax (949) 263-0770, e-mail: experts 1100 Glendon Avenue, Suite 1800, Los Angeles, CA works/residential/commercial/industrial, and specially de- @mcsassociates.com. Web site: www.mcsassociates 90024, (310) 826-4935, fax (310) 826-4212, e-mail: signed tests of distressed materials. .com. Contact Norman Katz, managing partner. Na- [email protected]. Web site: www.sinaikohc.com. Con- tionally recognized banking, finance, insurance, and real tact Jeff Sinaiko. Sinaiko is a nationally recognized CARL SHERIFF, PE estate consulting group (established 1973). Experienced healthcare consulting firm. Our professionals are hand- 1 litigation consultants/experts include senior bankers, 10153 ⁄2 Riverside Drive, Suite 365, Toluca Lake, CA picked for their broad understanding of the industry, de- 91602, (818) 766-9259, fax (818) 908-9301. Contact Carl lenders, consultants, economists, accountants, insurance tailed expertise and superior communication skills. Sheriff, PE, forensic engineer. Degreed in the law and underwriters/brokers. Specialties: lending customs, prac- Clients have found this expertise invaluable in litigation engineering. Registered professional engineer in mechan- tices, policies, in all types of lending (real estate, busi- support where there is no substitute for experience. ical, controls, and safety. General contractor, real estate ness/commercial, construction, consumer/credit card), Sinaiko’s litigation support practice includes, among oth- broker, and certified building inspector. Licensed truck banking operations/administration, trusts and invest- ers, industry standard practices evaluations: driver. Consulting and expert testimony on premises liabil- ments, economic analysis and valuations/damages as- Medicare/Medicaid fraud; provider/payor payment dis- ity, product defects, and traffic accidents. Construction sessment, insurance claims, coverages and bad faith, putes; business valuation; transaction disputes; and fa- and industrial accidents. Building and OSHA code com- real estate brokerage, appraisal, escrow, and construc- cility and professional fee billing. pliance. Slip, trip, and falls. Human factors. Safety evalua- tion defects/disputes, and title insurance. tion. Computerized analysis and exhibits. Free initial file review.
58 Los Angeles Lawyer November 2006 EXPERT WITNESS WEB SITES
EXPERT4LAW—THE LEGAL MARKETPLACE (213) 896-6561, fax (213) 613-1909, e-mail: forensics @lacba.org. Web site: www.expert4law.org. Contact Melissa Algaze. Still haven’t found who you’re looking for? Click here! expert4law—The legal Marketplace is the best online directory for finding expert witnesses, legal consultants, litigation support, lawyer-to-lawyer network- ing, dispute resolution professionals, and law office tech- nology. This comprehensive directory is the one-stop site ✒ Litigation support for your legal support needs. Available 24/7/365! Brought to you by the Los Angeles County Bar Association. ✒ Expert witness
FAILURE ANALYSIS ✒ Forensic accountants KARS ADVANCED MATERIALS, INC. ✒ Family law matters Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 527- ✒ Business valuations 7169, e-mail: [email protected]. Web site: www.karslab .com. Contact Drs. Ramesh J. Kar or Naresh J. Kar. ✒ Loss of earnings Southern California’s premier materials/mechanical/metal- lurgical/structural/forensics laboratory. Registered profes- ✒ Damages sional engineers with 20-plus years in metallurgical/foren- sic/structural failure analysis. Experienced with automo- tive, bicycles, tires, fire, paint, plumbing, corrosion, and When you need more than just structural failures. We work on both plaintiff and defen- numbers... you can count on us... dant cases. Complete in-house capabilities for tests. Ex- tensive deposition and courtroom experience (civil and criminal investigations). Principals are fellows of American Contact Michael Krycler Society for Metals and board-certified diplomates, Ameri- PHONE (818) 995-1040 can Board of Forensic Examiners. See display ad on FAX (818) 995-4124 page 72. E-MAIL [email protected] SEAL LABORATORIES VISIT US @ www.KETW.COM 250 North Nash Street, El Segundo, CA 90245, (310) 322- 2011, fax (310) 322-2243. E-mail: [email protected]. 15303 VENTURA BOULEVARD, SUITE 1040 Web site: www.seallabs.com. Contact Arun Kumar, SHERMAN OAKS, CALIFORNIA 91403 PhD, president. Materials failure analysis, product liabil- ity, and patent infringement support. Case evaluation and strategy, analytical support, and expert witness testimony. Metals, composites, plastics, and glass. Airplanes, autos, helicopters, motorcycles, consumer products, medical devices, prostheses and implants, and electrical compo- nents. Analysis of failure due to fatigue, overload, corro- sion, wear, or manufacturing/material defect.
FAMILY LAW
COHEN, MISKEI & MOWREY LLP 15303 Ventura Boulevard, Suite 1150, Sherman Oaks, CA 91403, (818) 986-5070, fax (818) 986-5034, e-mail: [email protected]. Contact Scott Mowrey. Spe- cialties: consultants who provide extensive experience, lit- igation support, and expert testimony regarding forensic accountants, fraud investigations, economic damages, business valuations, family law, bankruptcy, and reorgani- zation. Degrees/license: CPAs, CFEs, MBAs. See display ad on page 53.
GURSEY, SCHNEIDER & CO., LLP 10351 Santa Monica Boulevard, Suite 300, Los Angeles, CA 90025, (310) 552-0960, fax (310) 557-3468. 20355 Hawthorne Boulevard, First Floor, Torrance, CA 90503, (310) 370-6122, fax (310) 370-6188, e-mail: rwatts @gursey.com or [email protected]. Web site: www .gursey.com. Contact Robert Watts or Tracy Katz. Forensic accounting and litigation support services in all areas relating to marital dissolution; including, business valuation, tracing and apportionment of real property and assets, net spendable evaluations, determination of gross cash flow available for support and analysis of reimburse- ment claims and marital standards of living. See display ad on page 49.
HARGRAVE & HARGRAVE 520 Broadway, Suite 680, Santa Monica, CA 90401, (310) 576-1090, fax (310) 576-1080, e-mail: terry@taxwizard .com. Web site: www.taxwizard.com. Contact Terry M.
Los Angeles Lawyer November 2006 59 Hargrave, CPA/ABV, CFE. Litigation services for family WILLIAMS & RIBB LLP CORNERSTONE RESEARCH law and civil cases. Past chair of California Society of 600 Wilshire Boulevard, Suite 1515, Los Angeles, CA 515 South Flower Street, Suite 2900, Los Angeles, CA CPAs’ Family Law Section, business valuation instructor 90017-3227, (213) 683-1013, fax (213) 683-0510, e-mail: 90071, (213) 553-2500, fax (213) 553-2699, e-mail: for California CPA Foundation and AICPA. Services in- [email protected]. Contact Charles R Gross, [email protected]. Web site: www.cornerstone clude business valuations, income available for support, partner. Specialties: expert witness testimony and foren- .com. Contact George G. Strong Jr. Cornerstone tracing separate property, litigation consulting, real estate sic accounting services in business and contract dis- Research provides attorneys with expert testimony and litigation, mediation, fraud investigations, damage calcu- putes, marriage dissolution, and lost profits, and earnings economic and financial analyses in all phases of commer- lation, and other forensic accounting work. disputes, earnings loss and economic damage calcula- cial litigation. We work with faculty and industry experts in tions, income tax analysis, and fraud investigations. Our a distinctive partnership that combines the strengths of KRYCLER, ERVIN, TAUBMAN, & WALHEIM expertise encompasses engineering training, operational the business and academic worlds. Our areas of exper- 15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA business experience, plus accounting and financial con- tise include identifying and supporting expert witnesses in 91403, (818) 995-1040, fax (818) 995-4124. Web site: sulting, including economic analysis. Degrees/licenses: intellectual property, antitrust, securities, entertainment, [email protected]. Contact Michael J. Krycler. Litiga- CPA; BS; Engineering; Masters; Management Science; real estate, financial institutions, and general business liti- tion support, including forensic accounting, business ap- Registered Investment Advisor; Insurance and Securities gation. praisals, family law accounting, business and professional Advisor; Financial Planner. valuations, damages, fraud investigations, and lost earn- FULCRUM FINANCIAL INQUIRY ings. Krycler, Ervin, Taubman & Walheim is a full-service FINANCE 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA accounting firm serving the legal community for more than 90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte 20 years. See display ad on page 59. SANLI PASTORE & HILL, INC. @fulcruminquiry.com. Web site: www.fulcruminquiry.com. 1990 South Bundy Drive, Suite 800, Los Angeles, CA Contact David Nolte. Our professionals are experienced DIANA G. LESGART, CPA, CFE 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- CPAs, MBAs, ASAs, CFAs, affiliated professors, and in- AN ACCOUNTANCY CORP. dress: www.sphvalue.com. Contact Nevin Sanli or Tom dustry specialists. Our analysis and research combined 22024 Lassen Street, Suite 106, Chatsworth, CA 91311, Pastore. Sanli Pastore & Hill, Inc. is a premier provider of with unique presentation techniques have resulted in an (818) 886-7140, fax (818) 886-7146, e-mail: Lesgart3 business valuation and valuation advisory services, spe- unequaled record of successful court cases and client re- @msn.com. Contact Diana G. Lesgart, CPA, CFE, cializing in litigation support and expert witness testimony. coveries. Our expertise encompasses damages analysis, FCPA. Specialized accounting and litigation support ser- Services include valuations for goodwill loss, estate and lost profit studies, business and intangible asset valua- vices in the areas of family law litigation, tracing of assets, gift tax planning (family limited partnerships), lost profit tions, appraisals, fraud investigations, statistics, forensic pension plan tracing, forensic accounting, business valu- analysis, mergers and acquisitions, goodwill impairment, economic analysis, royalty audits, strategic and market ation, goodwill, expert testimony, commercial litigation, fairness and solvency opinions, ESOPs, incentive stock assessments, computer forensics, electronic discovery, fraud investigations, economic damages, and real estate options, capital raises, corporate, partnership, and marital and analysis of computerized data. Degrees/licenses: litigation. Over 22 years of accounting experience with 18 dissolutions. Comprehensive economic, industry, and CPAs, CFAs, ASAs, PhDs and MBAs in accounting, fi- years litigation support specialization. Assigned as §730 market research. Extensive experience in expert witness nance, economics, and related subjects. See display ad accounting expert. Ms. Lesgart’s profile can be found at testimony, pretrial preparation, and settlement negotia- on page 2. www.jurispro.com. using “Lesgart” under Search by tions. See display ad on page 44. Name. Expert is fully English/Spanish bilingual. HAYNIE & COMPANY, CPAS FINANCIAL 4910 Campus Drive, Newport Beach, CA 92660, (949) SANLI PASTORE & HILL, INC. 724-1880, fax (949) 724-1889, e-mail: sgabrielson ADVISORS/EXPERTS @ MCS ASSOCIATES 1990 South Bundy Drive, Suite 800, Los Angeles, CA @hayniecpa.com. Web site: www.hayniecpa.com. 18881 Von Karman, Suite 1175, Irvine, CA 92612, 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- Contact Steven C. Gabrielson. Alter ego, consulting and (949) 263-8700, fax (949) 263-0770, e-mail: experts dress: www.sphvalue.com. Contact Nevin Sanli or Tom expert witness testimony in a variety of practice areas: @mcsassociates.com. Web site: www.mcsassociates Pastore. Sanli Pastore & Hill, Inc. is a premier provider of commercial damages, ownership disputes, economic .com. Contact Norman Katz, managing partner. Na- business valuation and valuation advisory services, spe- analysis, business valuation, lost profits analysis, tionally recognized banking, finance, insurance, and real cializing in litigation support and expert witness testimony. fraud/forensic investigations, taxation, personal injury, estate consulting group (established 1973). Experienced Services include valuations for goodwill loss, estate and wrongful termination, professional liability, and expert litigation consultants/experts include senior bankers, gift tax planning (family limited partnerships), lost profit cross examination. Extensive public speaking back- lenders, consultants, economists, accountants, insurance analysis, mergers and acquisitions, goodwill impairment, ground assists in courtroom presentations. underwriters/brokers. Specialties: lending customs, prac- fairness and solvency opinions, ESOPs, incentive stock tices, policies, in all types of lending (real estate, busi- options, capital raises, corporate, partnership, and marital KROLL ness/commercial, construction, consumer/credit card), dissolutions. Comprehensive economic, industry, and 777 South Figueroa Street, Suite 2400, Los Angeles, CA banking operations/administration, trusts and invest- market research. Extensive experience in expert witness 90017, (213) 443-6090, fax (213) 443-6054. Contact Troy ments, economic analysis and valuations/damages as- testimony, pretrial preparation, and settlement negotia- Dahlberg, CPA/ABV, [email protected], Christian sessment, insurance claims, coverages and bad faith, tions. See display ad on page 44. Tregillis, CPA/ABV, [email protected] or Douglas Far- real estate brokerage, appraisal, escrow, and construc- row, CPA/CFE, [email protected]. Investigations, eco- tion defects/disputes, and title insurance. WHITE, ZUCKERMAN, WARSAVSKY, LUNA, nomic damages and valuation firm with offices across the WOLF & HUNT country and around the globe. Specialties include ac- THE CAPANALYSIS GROUP, LLC 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA counting, financial, economic and statistical analysis, as 550 South Hope Street, Suite 1100, Los Angeles, CA 91423, (818) 981-4226, fax (818) 981-4278, and 363 San well as computer forensics, in the context of commercial 90071, (213) 892-1832, fax (213) 892-2300, e-mail: Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) litigation and forensic investigations; accounting/fraud, se- [email protected]. Web site: www.capanalysis.com. 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw curities, intellectual property (including damages analy- Contact Evy Wild, JD. Specialties: economic, financial, .com. Contact Barbara Luna, Drew Hunt, Paul White, ses, licensing and valuation), breach of contract, lost prof- accounting, and statistical analysis for complex litigation, Jack Zuckerman, Fred Warsavsky, and Bill Wolf. its, royalty audits, corporate governance, business valua- arbitration, regulatory proceedings, and strategic corpo- Expert witness testimony for complex litigation involving tion, real estate, construction, and bankruptcy. Practition- rate decision making. Assist attorneys with discovery, damage analyses of lost profits, unjust enrichment, rea- ers include former partners at Big Four accounting firms, identification of relevant economic and financial issues, sonable royalties, lost earnings, lost value of business, law enforcement/FBI, computer forensics, and appraisers. preparation of analytical models, critique of opposing ex- forensic accounting, fraud investigation, investigative See display ad on page 63. perts, and expert testimony in federal and state courts, analysis of liability, marital dissolution, and tax planning and before the FTC and DOJ. Handle matters before the and preparation. Excellent communicators with extensive FIRE/EXPLOSIONS EC, the ITC, and the U.S. Court of international trade. testimony experience. Prior Big Four accounts. Special- Areas of expertise include antitrust (including cutting- ties includes accounting, breach of contract, business in- CHEMICAL ACCIDENT RECONSTRUCTION edge analyses of market definition, market power, coordi- terruption, business dissolution, construction defects, de- SERVICES, INC. nated interactions, and unilateral effects), economic dam- lays and cost overruns, fraud, insurance bad faith, intel- 9121 East Tanque Verde Road, Suite 105, Tucson, AZ ages, business valuation, investigative and forensic ac- lectual property including trademark, patent and copy- 85749, (800) 645-3369, e-mail: [email protected]. counting and auditing, intellectual property (including right infringement, and trade secrets, malpractice, marital Web site: www.chemaxx.com. Contact Dr. Michael Fox. patent, trademark, and copyright infringement, and valua- dissolution, personal injury, product liability, real estate, Comprehensive chemical accident investigation—spe- tion of intellectual property), insurance coverage, contract spousal support, tax planning and preparation, IRS audit cializing in complex industrial chemical accidents and disputes and tort claims, mergers and acquisitions, secu- defense, tracing, unfair advertising, unfair competition, chemical-related consumer product injuries, chemical rities fraud, and full range of jury consulting services. De- valuation of businesses, and wrongful termination. See fires and explosions, chemical labeling, chemical packag- grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. display ad on page 43. ing, handling and shipping, burns, warnings, chemical la- bels, MSDSs, disposal, chemical safety, EPA, OSHA,
60 Los Angeles Lawyer November 2006 DOT, propane, natural gas, hydrogen, flammable liquids, FORENSIC ACCOUNTING ■ hazardous chemicals, aerosols (hairspray, spray paint, re- EVALUATION BALLENGER, CLEVELAND & ISSA, LLC frigerants), DOT certified (hazardous materials shipment), ■ certified fire and explosion investigator, OSHA process 10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA TESTING hazard analysis team leader, PhD. Physical Chemistry. 90024, (310) 873-1717, fax (310) 873-6600. Contact Extensive experience in metallurgy, corrosion, and failure Bruce W. Ballenger, CPA, executive managing direc- ■ TREATMENT analysis. tor. Services available: assist counsel in determining overall strategy. Help evaluate depositions and evidence. Neurology and Electromyography CAUSE & ORIGIN INVESTIGATION Provide well-prepared, well-documented, and persuasive 6320 Canoga Avenue, Suite 1500, Woodland Hills, CA in-court testimony regarding complicated accounting, Neurotoxicology 91367, (800) 872-8922, fax (800) 872-8908. Contact Al financial, and business valuation matters, fairness of inter- Occupational/Environmental Hernandez. Specialties: Full spectrum of consulting and est rates, feasibility of reorganization plans, fraudulent Medicine court-qualified expert witness in fire origin and cause/ex- conveyances, bankruptcies, mergers and acquisitions, plosions/product and third-party liability/subrogation/fraud and management misfeasance/malfeasance. More than and wrongful death. Fire staff background of 180+ years, 100 open-court testimonies, federal and state, civil and TEL 415.381.3133 / FAX 415.381.3131 with investigative backgrounds from Los Angeles City Fire criminal. See display ad on page 63. E-MAIL [email protected] Department (Arson), Los Angeles County Sheriff’s Office www.neoma.com (Arson-Bomb), Los Angeles County Fire Department CORNERSTONE RESEARCH (Arson), Burbank Fire Department (Arson) and Glendale 515 South Flower Street, Suite 2900, Los Angeles, CA Police Department since 1987. Degrees/license: (CA) PI 90071, (213) 553-2500, fax (213) 553-2699, e-mail: San Francisco license 12007; (NV) PI license 526. [email protected]. Web site: www.cornerstone .com. Contact George G. Strong, Jr. Cornerstone Re- Sacramento search provides attorneys with expert testimony and eco- THE MCMULLEN COMPANY, INC. Petaluma 1260 Lake Boulevard, Suite 250, Davis, CA 95616, (530) nomic and financial analyses in all phases of commercial 757-1291, fax (530) 757-1293, e-mail: [email protected]. litigation. We work with faculty and industry experts in a Richmond distinctive partnership that combines the strengths of the Web site: www.themcmullencompany.com. Contact Eureka James F. McMullen. Former California state fire marshal. business and academic worlds. Our areas of expertise in- Fire/building code analysis, code compliance inspections, clude identifying and supporting expert witnesses in intel- fire cause and origin investigation, fire services manage- lectual property, antitrust, securities, entertainment, real ment review, emergency management planning and train- estate, financial institutions, and general business litiga- ing, hazardous materials programs, and fire safety-related tion. product analysis. Forensic fire expert and litigation con- sultation. Senior associates are also located in Southern FULCRUM FINANCIAL INQUIRY California. 1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA 90017, (213) 787-4100, fax (213) 787-4141, e-mail: RIMKUS CONSULTING GROUP, INC. [email protected]. Web site: www.fulcruminquiry JONATHAN S. RUTCHIK, MD, MPH 2677 North Main Street, Suite 300, Santa Ana, CA 92705, .com. Contact David Nolte. Our professionals are experi- (877) 978-2044, fax (714) 978-2088, e-mail: cjyaworski enced CPAs, MBAs, ASAs, CFAs, affiliated professors, 20 Sunnyside Ave., Suite A-321, Mill Valley, CA 94941 @rimkus.com. Web site: www.rimkus.com. Contact Curt and industry specialists. Our analysis and research com- Yaworski. Rimkus Consulting Group is a full-service bined with unique presentation techniques have resulted forensic consulting firm. Since 1983, we have provided re- in an unequaled record of successful court cases and liable investigations, reports, and expert witness testi- client recoveries. Our expertise encompasses damages mony around the world. Our engineers and consultants analysis, lost profit studies, business and intangible asset analyze the facts from origin and cause through extent of valuations, appraisals, fraud investigations, statistics, loss. Services: construction defect and dispute analysis, forensic economic analysis, royalty audits, strategic and vehicle accident reconstruction, fire cause and origin, market assessments, computer forensics, electronic dis- property evaluation, mold evaluations, indoor air quality covery, and analysis of computerized data. Degrees/li- assessments, biomechanical analysis, product failure censes: CPAs, CFAs, ASAs, PhDs and MBAs in account- analysis, foundation investigations, industrial accidents ing, finance, economics, and related subjects. See dis- and explosions, water intrusion analysis, geotechnical play ad on page 2. evaluations, construction accidents, construction dis- putes, financial analysis and assessments, forensic ac- VICENTI, LLOYD & STUTZMAN LLP counting, HVAC analysis, electrical failure analysis, and 2210 East Route 66, Suite 100, Glendora, CA 91740, video/graphics computer animation. See display ad on (626) 857-7300, fax (626) 857-7302, e-mail: rstutzman page 57. @vlsllp.com. Web site: www.vlsllp.com. Contact Royce Stutzman, CVA, CPA/ABV, Chairman. Our certified pro- FOOD SAFETY/HACCP fessionals serve as consultants and experts in business valuations and litigation support. We conduct valuations FOOD SAFETY & HACCP COMPLIANCE related to mergers and acquisitions, buy-sell agreements, 20938 De Mina Street, Woodland Hills, CA 91364, (818) purchase/sale of closely held businesses, partner dis- 703-7147, e-mail: [email protected]. Web site: www putes, etc. Our forensic accounting experts assess the .foodsafetycoach.com. Contact Jeff Nelken, BS, MA. amount of an economic loss, whether it be business inter- Forensic food safety expert knowledgeable in both food ruption from casualty, unfair competition, condemnation, safety and hazard analysis critical control point program damage caused by others, or loss of earnings from vari- development. Specializes in expert witness testimony and ous events. Our fraud investigation team reviews docu- litigation consultant in matters regarding food safety, Q.A. mentation, interviews witnesses and suspects, and as- HACCP, crisis management, food-borne illness, health sesses evidence to resolve allegations. We provide expert department representation, food spoilage, allergy, and witness testimony and implement fraud prevention pro- customer complaints. Performs inspections, vendor au- grams. VLS Celebrates 53 Years of Quality Service! dits, and training. Hands-on food safety consultant for restaurants, manufacturers, distributors, country clubs, FORENSIC CLINICAL PSYCHOLOGIST schools, nursing homes, and casinos. NRA and NSF HACCP certified instructor. Thirty years of food and hospi- DEBRA S. BORYS, PHD, DABP tality experience. Registered as a food handler instructor FORENSIC PSYCHOLOGIST with the Los Angeles County Health Department. Provider 10921 Wilshire Boulevard, Suite 504, Los Angeles, CA # 015. Forensic food safety expert. Food safety expert for 90024, (310) 208-8992, fax (818) 784-8615, e-mail: CBS, NBC, Inside Edition, and CNN. [email protected]. Contact Debra S. Borys, PhD, DABPS, Forensic Psychologist. Psych. damages evaluation, psych ethics/standard of care, dual relation-
Los Angeles Lawyer November 2006 61 ship or sex abuse/assault/harassment clergy, employ- estate consulting group (established 1973). Experienced fax (408) 279-3562, e-mail: [email protected]. Contact ment, healthcare, academia, PTSD, adolescent to elderly; litigation consultants/experts include senior bankers, Clint Miller. Insurance expert regarding claims, under- consult on case strategy; plaintiff or defense. Relevant lenders, consultants, economists, accountants, insurance writing, agent and brokers errors and omissions, cover- publications. UCLA-educated. LACPA Ethics Committee underwriters/brokers. Specialties: lending customs, prac- age disputes, customs and practices, and bad faith. See member. Trial experience. Attorney references available. tices, policies, in all types of lending (real estate, busi- display ad on page 53. ness/commercial, construction, consumer/credit card), FRANCHISING banking operations/administration, trusts and invest- JANICE A. RAMSAY, ESQ. ments, economic analysis and valuations/damages as- 2 Park Plaza, Irvine, CA 92614, (949) 474-1880, (949) LEON GOTTLIEB sessment, insurance claims, coverages and bad faith, 400-5040 (cell), fax (949) 474-7265, e-mail: jramsay US-INT’L RESTAURANT, HOTEL & FRANCHISE real estate brokerage, appraisal, escrow, and construc- @cox.net, [email protected]. Contact Janice A. CONSULTANT tion defects/disputes, and title insurance. Ramsay, Esq. Experience in testifying in depositions and 4601 Sendero Place, Tarzana, CA 91356-4821, (818) 757- at trial. Can provide consultation to litigation counsel on 1131, fax (818) 757-1816, e-mail: [email protected]. Web THE CAPANALYSIS GROUP, LLC property insurance coverage issues and proper claim site: http://members.aol.com/lgottlieb/myhomepage/busi- 550 South Hope Street, Suite 1100, Los Angeles, CA handling. Have acted as appraiser, arbitrator, and media- ness.html. Specialties: USA/Int’l restaurant/hotel/franchise 90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde tor in coverage disputes. experience since 1960. Hands-on consultant and expert @capanalysis.com. Web site: www.capanalysis.com. witness, all types of restaurants, franchises, fast food, Contact Evy Wild, JD. Specialties: economic, financial, SHARP & ASSOCIATES; INSURANCE training, manuals, safety, security, injury, operating stan- accounting, and statistical analysis for complex litigation, CONSULTANTS & EXPERTS. dards, and P&L damages. Former VP/Partner IHOP, di- arbitration, regulatory proceedings, and strategic corpo- West coast office: 21520 Yorba Linda Boulevard, Suite rector to USA chains, author, arbitrator, and expert wit- rate decision making. Assist attorneys with discovery, G —257, Yorba Linda, CA. 92887, (213) 407-9957, East ness. identification of relevant economic and financial issues, coast office: 325 East Paces Ferry Road, Suite 1603, preparation of analytical models, critique of opposing ex- Atlanta, GA 30305, (213) 407-9957, e-mail: rsharp1959 FRAUD INVESTIGATIONS perts, and expert testimony in federal and state courts, @aol.com Web site: www.sharpandassociates.org. and before the FTC and DOJ. Handle matters before the Contact Robert Sharp. Good faith/bad faith. In regard to STONEFIELD JOSEPHSON EC, the ITC, and the U.S. Court of international trade. all insurance related issues and insurance industry stan- Valuation, Litigation and Forensic Services Group. 2049 Areas of expertise include antitrust (including cutting- dards. Mr. Sharp has 33 years of experience, and retired Century Park East, Suite 400, Los Angeles, CA 90067. edge analyses of market definition, market power, coordi- as president and CEO of a property-casualty insurance (310) 453-9400. Web site: www.sjaccounting.com. Con- nated interactions, and unilateral effects), economic dam- company. He also held the positions of senior vice presi- tact Jeff Sumpter or Stefano Vranca, directors of liti- ages, business valuation, investigative and forensic ac- dent claims and executive vice president. He is providing gation support and forensic services, or Mark Stepka, counting and auditing, intellectual property (including services to law firms, insurance companies, and corpora- director of business valuation services. The Stonefield patent, trademark, and copyright infringement, and valua- tions as a consultant and expert. Mr. Sharp has testified in Josephson Valuation, Litigation and Forensic Services tion of intellectual property), insurance coverage, contract state and federal court in insurance related matters such Group serves business leaders, attorneys, and other pro- disputes and tort claims, mergers and acquisitions, secu- as property/casualty claims, sales and underwriting is- fessionals with business valuation, litigation support, and rities fraud, and full range of jury consulting services. De- sues, policy cancellations, coverage denials, general lia- forensic accounting services. Stonefield Josephson grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. bility, uninsured/underinsured claims, and bad faith serves public and privately held clients throughout the claims. CV upon request. For immediate background in- United States and internationally from four California loca- E.L. EVANS ASSOCIATES formation please see my Web site, as listed above. tions: Los Angeles, Orange County, San Francisco, and 3310 Airport Avenue, Box # 2, Santa Monica, CA 90405, East Bay. See display ad on page 11. (310) 559-4005, fax (310) 390-9669, e-mail: elevans66 BARRY ZALMA, ZALMA INSURANCE @yahoo.com. Contact Gene Evans. Good faith/bad faith. CONSULTANTS HEALTHCARE Over 45 years’ experience⎯claims adjuster. Standards 4441 Sepulveda Boulevard, Culver City, CA 90230, (310) SINAIKO HEALTHCARE CONSULTING, INC. and practices in the industry, litigation support, claims 390-4455, fax (310) 391-5614, e-mail: [email protected]. 1100 Glendon Avenue, Suite 1800, Los Angeles, CA consultation, case review and evaluation, property/casu- Web site: www.zalma.com or www.zic.bz. Contact Barry 90024, (310) 826-4935, fax (310) 826-4212, e-mail: alty claims, construction claims, uninsured/underinsured Zalma. Insurance coverage, insurance fraud, insurance [email protected]. Web site: www.sinaikohc.com. motorist claims, general liability, fire/water/mold claims, claims, insurance bad faith consultant, and expert wit- Contact Jeff Sinaiko. Sinaiko is a nationally recognized damage assessment, professional liability claims, ap- ness. Author of Construction Defects: Litigation and healthcare consulting firm. Our professionals are hand- praisal under policy, arbitration, duty to defend, advertis- Claims, Insurance Claims—A Comprehensive Guide and picked for their broad understanding of the industry, de- ing claims, coverage applications, and suspected fraud Mold: A Comprehensive Claims. tailed expertise and superior communication skills. Clients claims. CV available on request. See display ad on page have found this expertise invaluable in litigation support 54. INSURANCE BAD FAITH where there is no substitute for experience. Sinaiko’s liti- DAVID F. PETERSON gation support practice includes, among others, industry FARMER, MURPHY, SMITH & ALLISTON 10681 Encino Drive, Oak View, CA 93022, (805) 649- standard practices evaluations: Medicare/Medicaid fraud; 3640 American River Drive, Suite 150, Sacramento, CA 8557, fax (805) 649-5957, e-mail [email protected] provider/payor payment disputes; business valuation; 95864, (916) 484-3500, fax (916) 484-3510, e-mail: kcollins Contact David F. Peterson. Fourteen years of claim ex- transaction disputes; and facility and professional fee @farmermurphy.com. Web site: www.farmermurphy.com. perience. Twenty-five years as a bad faith and coverage billing. Contact Kim H. Collins. With over 30 years of experience as a bad faith/coverage litigator, and as a co-founder and attorney. Qualified and testified in over 74 trials on bad faith (first and third party), underwriting, legal malpractice, HUMAN FACTORS Board member of a California Legal Malpractice Insurer, Kim H. Collins devotes his time to expert testimony involv- coverage, and advice of counsel. Testimony for insureds D. WYLIE ASSOCIATES ing coverage issues, claims issues, and underwriting is- and insurers in federal and state courts in California, Ari- P.O. Box 60836, Santa Barbara, CA 93160, (805) 681- sues for both plaintiffs and defendants. Mr. Collins also zona, Nebraska, Nevada, Saint Lucia, West Indies, and 9289, fax (805) 681-9299. Web site: www.drivingfatigue serves as an arbitrator/mediator involving coverage/bad U.S. Virgin Islands. .com. Contact Dennis Wylie. Internationally recognized faith disputes. human factors expert on driver error, inattention, fatigue, INTELLECTUAL PROPERTY car, truck, and bus driver skill and knowledge require- LAUNIE ASSOCIATES, INC. CORNERSTONE RESEARCH ments, driver and motor carrier standards of care, hours 1165K Tunnel Road, Santa Barbara, CA 93105, (805) 515 South Flower Street, Suite 2900, Los Angeles, CA of service violations, circadian rhythms, sleep debt, im- 569-9175, fax (805) 687-8597, e-mail: [email protected]. 90071, (213) 553-2500, fax (213) 553-2699, e-mail: paired vigilance, alertness, decision making, reaction Contact Joseph J. Launie, PhD, CPCU, insurance [email protected]. Web site: www.cornerstone time, and control responses. See display ad on page 47. professor, author, and consultant. Over 25 years’ expe- .com. Contact George G. Strong, Jr. Cornerstone rience as expert witness in state and federal courts. Research provides attorneys with expert testimony and Coauthor of books and articles on underwriting, insurance INSURANCE economic and financial analyses in all phases of commer- company operations, and punitive damages. Consulting, cial litigation. We work with faculty and industry experts in ADVISORS/EXPERTS @ MCS ASSOCIATES expert witness on underwriting, company and agency op- a distinctive partnership that combines the strengths of 18881 Von Karman, Suite 1175, Irvine, CA 92612, erations, and bad faith. (949) 263-8700, fax (949) 263-0770, e-mail: experts the business and academic worlds. Our areas of exper- tise include identifying and supporting expert witnesses in @mcsassociates.com. Web site: www.mcsassociates CLINTON E. MILLER, JD, BCFE intellectual property, antitrust, securities, entertainment, .com. Contact Norman Katz, managing partner. Na- INSURANCE BAD FAITH EXPERT real estate, financial institutions, and general business liti- tionally recognized banking, finance, insurance, and real 502 Park Avenue, San Jose, CA 95110, (408) 279-1034, gation.
62 Los Angeles Lawyer November 2006 GLENN M. GELMAN & ASSOCIATES, ARNOLD L. GILBERG, M.D., PH.D CERTIFIED PUBLIC ACCOUNTANTS EXPERT WITNESS • PSYCHIATRY AND BUSINESS CONSULTANTS 1940 East 17th Street, Santa Ana, CA 92705, (714) 667- • Appointed by 3 Governors to Medical Board of 2600, fax (714) 667-2636. Web site: www.gmgcpa.com. California MQRC 11th District (1982-1991) Contact Glenn Gelman. Expert witness testimony, strat- • Associate Clinical Professor of Psychiatry, egy development, document discovery, deposition assis- UCLA School of Medicine tance, computation of damages, arbitration consulting, • All areas of civil litigation forensic accounting, investigative auditing, rebuttal testi- • Distinguished Life Fellow, American Psychiatric mony, fiduciary accountings, and trial exhibit preparation. Association (Board Certified) SANLI PASTORE & HILL, INC. • Appointed to Los Angeles County Mental Health 1990 South Bundy Drive, Suite 800, Los Angeles, CA Commission by County Board of Supervisors 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- E-MAIL [email protected] dress: www.sphvalue.com. Contact Nevin Sanli or Tom TEL 310/274-2304 • FAX 310/274-2476 Pastore. Sanli Pastore & Hill, Inc. is a premier provider of business valuation and valuation advisory services, spe- 9730 Wilshire Blvd., Suite 101, Beverly Hills CA 90212 cializing in litigation support and expert witness testimony. Services include valuations for goodwill loss, estate and gift tax planning (family limited partnerships), lost profit analysis, mergers and acquisitions, goodwill impairment, fairness and solvency opinions, ESOPs, incentive stock EXPERT WITNESS options, capital raises, corporate, partnership, and marital dissolutions. Comprehensive economic, industry, and market research. Extensive experience in expert witness INDUSTRIAL/COMMERCIAL testimony, pretrial preparation, and settlement negotia- tions. See display ad on page 44. REAL ESTATE Care, Duty & Broker Responsibility WHITE, ZUCKERMAN, WARSAVSKY, LUNA, Lease & Purchase Contracts WOLF & HUNT Condition of Premises 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91423, (818) 981-4226, fax (818) 981-4278, and 363 San 44 Years of Experience Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw .com. Contact Barbara Luna, Drew Hunt, Paul White, JACK KARP Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex- pert witness testimony for complex litigation involving (310) 377-6349 FAX: (310) 868-2880 damage analyses of lost profits, unjust enrichment, rea- sonable royalties, lost earnings, lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accounts. Special- ties includes accounting, breach of contract, business in- terruption, business dissolution, construction defects, de- lays and cost overruns, fraud, insurance bad faith, intel- lectual property including trademark, patent and copy- )PXEPXFEFTDSJCFUIFJOUFHSJUZ FYQFSUJTFBOELOPXMFEHF right infringement, and trade secrets, malpractice, marital PGBOJOEFQFOEFOUBEWJTPSZ¾SNTVDIBTPVST dissolution, personal injury, product liability, real estate, spousal support, tax planning and preparation, IRS audit defense, tracing, unfair advertising, unfair competition, valuation of businesses, and wrongful termination. See We don’t. We demonstrate it. display ad on page 43.
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Los Angeles Lawyer November 2006 63 lost profit studies, business and intangible asset valua- perts, and expert testimony in federal and state courts, tions, appraisals, fraud investigations, statistics, forensic and before the FTC and DOJ. Handle matters before the TASAmed Has economic analysis, royalty audits, strategic and market EC, the ITC, and the U.S. Court of international trade. SM assessments, computer forensics, electronic discovery, Areas of expertise include antitrust (including cutting- Yo u r Medical Expert. and analysis of computerized data. Degrees/licenses: edge analyses of market definition, market power, coordi- CPAs, CFAs, ASAs, PhDs and MBAs in accounting, fi- nated interactions, and unilateral effects), economic dam- nance, economics, and related subjects. See display ad ages, business valuation, investigative and forensic ac- on page 2. counting and auditing, intellectual property (including patent, trademark, and copyright infringement, and valua- LANDSCAPE ARCHITECTURE tion of intellectual property), insurance coverage, contract disputes and tort claims, mergers and acquisitions, secu- KAMMEYER & ASSOCIATES, INC. rities fraud, and full range of jury consulting services. De- 2837 Kellogg Avenue, Corona, CA 92881, (951) 371- grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs. 2444, fax (951) 371-4719, e-mail: [email protected]. Web site: www.kammeyer.com. Contact Ken Kam- ECON ONE RESEARCH, INC. meyer, CLARB. Forensic landscape architects. Land- 601 West Fifth Street, 5th Floor, Los Angeles, CA 90071, • Outstanding local and national Experts scape construction, water use, irrigation CIMIS studies, (213) 624-9600, fax (213) 624-6994, e-mail: lskylar ground maintenance, agriculture, turf grass management, @econone.com. Web site: www.econone.com. Contact in more than 900 healthcare categories – site drainage, erosion control, and playground safety. Lisa Skylar, general manager. Econ One is an economic even hard-to-find specialties Past president California State Board of Landscape Archi- research and consulting firm with extensive experience tects, faculty at council UCLA extension, 35 years. combining theory and empirical analyses. We understand • Services include prompt, customized the need for clear, accurate, persuasive answers to com- searches, referrals, resumes, and your LEGAL MALPRACTICE plex problems. We work with our clients to keep our ef- forts focused on necessary tasks, with close attention to initial interview calls with experts PHILLIP FELDMAN, BS, MBA, JD, AV costs. We provide economic analysis and expert testi- 15250 Ventura Boulevard, Suite 610, Sherman Oaks, CA • 45 years of incomparable service mony in many areas, including: antitrust, contract dis- 91403-3287, (310) LEG MALP (534-6257), fax (818) 986- putes, damages analysis/calculations, intellectual prop- 1757, e-mail: [email protected]. Web site: www erty and patent infringement, market analysis, regulation, .legalmalpracticeexperts.com. Contact Phillip Feldman. employment issues, and unfair competition. Board certified in legal and medical malpractice by CA, ABA, ABPLA. Former Judge Pro Tem, State Bar Prosecu- SINAIKO HEALTHCARE CONSULTING, INC. tor. Fee Dispute Arbitrator. Thirty-nine years as litigator/ 1100 Glendon Avenue, Suite 1800, Los Angeles, CA transactional attorney, supervising partner. Twenty-six 90024, (310) 826-4935, fax (310) 826-4212, e-mail: years as expert. Any standard of care, conduct, causa- [email protected]. Web site: www.sinaikohc.com. tion, fiduciary duty, ethics, or fee dispute issues. Any un- Contact Jeff Sinaiko. Sinaiko is a nationally recognized derlying matter, transaction or litigation. (Also defends healthcare consulting firm. Our professionals are hand- 800-659-8464 lawyers before the State Bar, and preventive law. Stare- picked for their broad understanding of the industry, de- www.tasanet.com [email protected]). tailed expertise and superior communication skills. Clients 213-625-0828 • [email protected] have found this expertise invaluable in litigation support BOYD S. LEMON where there is no substitute for experience. Sinaiko’s liti- Ventura office (805) 667-2137, Beverly Hills office (310) gation support practice includes, among others, industry 860-4767. Contact Boyd S. Lemon. Experienced expert standard practices evaluations: Medicare/Medicaid fraud; witness in legal malpractice and attorney fee dispute provider/payor payment disputes; business valuation; cases, 40 years of business trial experience, extensive transaction disputes; and facility and professional fee malpractice litigation experience, retained expert witness billing. in over 700 cases, former litigation department chairman major law firm, State Bar disciplinary committee, and SANLI PASTORE & HILL, INC. court appointed mediator and arbitrator. See display ad 1990 South Bundy Drive, Suite 800, Los Angeles, CA on page 54. 90025, (310) 571-3400, fax (310) 571-3420, Web site ad- dress: www.sphvalue.com. Contact Nevin Sanli or Tom LAW OFFICES OF CHRISTOPHER ROLIN Pastore. Sanli Pastore & Hill, Inc. is a premier provider of 5707 Corsa Avenue, Suite 106, Westlake Village, CA business valuation and valuation advisory services, spe- 91362, (818) 707-7065, fax (818) 735-9992, e-mail: cializing in litigation support and expert witness testimony. [email protected]. Web site: www.chrisrolin.com. Services include valuations for goodwill loss, estate and Contact Christopher Rolin. Christopher Rolin is a highly gift tax planning (family limited partnerships), lost profit effective trial attorney with over 38 years of trial activity in analysis, mergers and acquisitions, goodwill impairment, civil litigation. His area of emphasis is attorney malprac- fairness and solvency opinions, ESOPs, incentive stock tice, focusing on the applicable community standard of options, capital raises, corporate, partnership, and marital care for practicing attorneys in the litigation areas. His trial dissolutions. Comprehensive economic, industry, and experience has resulted in numerous assignments as an market research. Extensive experience in expert witness expert witness on trial and standards of care issues. He testimony, pretrial preparation, and settlement negotia- has been retained as an expert by both plaintiffs and de- tions. See display ad on page 44. fendants in legal malpractice cases. He has spoken be- fore numerous professional groups concerning trial prac- MARKETING/ADVERTISING/MEDIA tice issues. LARRY STEVEN LONDRE/LONDRE MARKETING LITIGATION CONSULTANTS, LLC 11072 Cashmere Street, Second Floor, Los Angeles, CA THE CAPANALYSIS GROUP, LLC 90049, (310) 889-0220, fax (310) 889-0221, e-mail: LSL 550 South Hope Street, Suite 1100, Los Angeles, CA @Londremarketing.com. Web site: www.Londremarketing 90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde .com. Contact Larry Steven Londre. Expert in market- @capanalysis.com. Web site: www.capanalysis.com. ing, advertising, media, communication, advertising Contact Evy Wild, JD. Specialties: economic, financial, agencies, clients, trademarks, and global marketing. accounting, and statistical analysis for complex litigation, Also senior lecturer at USC, CSUN, and Pepperdine arbitration, regulatory proceedings, and strategic corpo- Universities. rate decision making. Assist attorneys with discovery, identification of relevant economic and financial issues, preparation of analytical models, critique of opposing ex-
64 Los Angeles Lawyer November 2006 MECHANICAL ENGINEERING legal nurse consulting, malpractice, neurosurgery, nurs- MEDICAL/INFECTIOUS DISEASE ing, orthopedics, oncology, pediatrics, sports medicine, CTG FORENSICS, INC. and more. Please see our insert in this issue and dis- BERNARD T. MCNAMARA, MD 16 Technology Drive, Suite 109, Irvine, CA 92618, play ad on page 64. 409 North Pacific Coast Highway, Suite 923, Redondo (949) 790-0010, fax (949) 790-0020, e-mail: mlewis Beach, CA 90277, (310) 480-4770, fax (310) 943-3274, @CTGforensics.com. Web site: www.CTGforensics.com. MEDICAL/DERMATOLOGY e-mail: [email protected]. Contact Bernard Contact Dr. Malcolm Lewis, PE. Construction-related T. McNamara, MD. Current practice, full time emergency engineering, plumbing, mechanical (heating, ventilating, STANLEY M. BIERMAN, MD, FACP medicine, and assistant clinical Professor of Medicine at A/C) and electrical (power, lighting), energy systems, resi- 2080 Century Park East, #1008, Los Angeles, CA 90067, Los Angeles County-USC Medical Center. Over 20 years dential and nonresidential buildings, construction defects, (310) 553-3567, fax (310) 553-4538, e-mail: sbiermanmd of experience in the practice of emergency medicine, in- construction claims, and mold. @aol.com. Contact Stanley Bierman, MD. Dr. Bierman is fectious diseases, and HIV/AIDS. Experience in medical an expert witness in matters relating to diagnosis and malpractice for both plaintiff and defense. Board certified, MEDICAL treatment of skin cancers as well as matters relating to emergency medicine since 1987; board certified, infec- sexually transmitted diseases. Dr. Bierman is Honorary tious diseases since 1984; board certified, internal medi- AMFS, INC. (AMERICAN MEDICAL FORENSIC Associate professor of medicine and past president of cine since 1980. Degrees/licenses: MD; Fellow, American SPECIALIST) Los Angeles Dermatologic Society. College of Physicians; Fellow, American College of Emer- 2640 Telegraph Avenue, Berkeley, CA 94704, (800) gency Medicine; Fellow, American Academy of Emer- 275-8903, (510) 549-1693, fax (510) 486-1255, e-mail: RICHARD D. HORNICHTER, MD gency Medicine; and member, Infectious Disease Society [email protected], Web page: www 450 North Bedford Drive, Suite 209, Beverly Hills, CA of America; OCMA (Orange County Medical Associa- .medicalexperts.com. Contact Barry Gustin, MD, MPH, 90210, (310) 274-7336, fax (310) 858-6972, e-mail: tion,); and CMA (California Medical Association); Lic: (CA, FACEP. AMFS is a physician and attorney managed [email protected]. Web site: www.diabetesdoc.com. WA); CA Lic-G36838 since 1978, WA Lic-MD00041205 company that provides initial in-house case screenings by Contact Richard D. Hornichter, MD. Diabetes and en- since 2002. 72 multidisciplinary physician partners. Medical experts docrinology. Diabetes and associated complications: am- are matched to meet case requirements by AMFS Physi- putation, retinopathy, vascular etc. Experienced in med- MEDICAL/NEUROLOGY cian Partners from our panel of over 3,500 carefully pre- ical record review, opinion, and expert witness testimony. screened board-certified practicing specialists in Califor- CV and prior medical/legal experience data available. ROGER V. BERTOLDI, MD nia. All recognized medical specialties. Plaintiff and de- Clinical Assoc. Prof. UCLA. Degrees/licenses: MD (CA 8610 South Sepulveda Boulevard, Suite 200, Los Ange- fense. Fast, thorough, objective, and cost-effective. Med- and TX). les, CA 90045-4810, (310) 670-5555, fax (310) 670-9222. ical negligence, hospital and managed care, personal in- Web site: www.rbertold.bol.ucla.edu. Contact Rosa. jury, product liability, and toxic torts. “A 92 percent win MEDICAL/EMERGENCY MEDICINE Traumatic brain injury (TBI): Neuro behavior-anatomical- record” –California Lawyer magazine. Ask about our evi- functional (PET, brain-mapping, neuropsychological) dence based causation program and money-back guar- BERNARD T. MCNAMARA, MD workup and treatment. Diplomate (ABPN) qualification in antees. See display ad on page 64. 409 North Pacific Coast Highway, Suite 923, Redondo clinical neurophysiology: electrodiagnostics of elec- Beach, CA 90277, (310) 480-4770, fax (310) 943-3274, tromyography (EMG), electroencephalography (EEG), BEHROOZ (BRUCE) BROUKHIM, MD e-mail: [email protected]. Contact Bernard and evoked potentials for carpal tunnel syndrome (CTS), 10640 Riverside Drive, North Hollywood, CA, 9763 West T. McNamara, MD. Current practice, full time emergency complex regional pain syndrome (CRPS), back pain Pico Boulevard, Suite 200, Los Angeles, CA, (818) 755- medicine, and assistant clinical Professor of Medicine at radiculopathy, peripheral nerve injuries, neurotoxic in- 6500, (310) 552-1488 (LA), fax (818) 980-7144. Contact Los Angeles County-USC Medical Center. Over 20 years juries, and chronic pain, somatoform disorders, epilepsy, Cathy Vega. Board-certified orthopedic surgeon. Shoul- of experience in the practice of emergency medicine, in- dementia, headache, assistant clinical professor of neu- der, knee, and hip surgery, arthroscopic surgery, neck fectious diseases, and HIV/AIDS. Experience in medical rology, UCLA, AME, QME, IME. and back injury evaluation and treatment, personal injury, malpractice for both plaintiff and defense. Board certified, workers’ compensation, QME, IME, and AME. Member: emergency medicine since 1987; board certified, infec- MEDICAL/NEUROLOGY/PERSONAL INJURY American Academy of Orthopedic Surgeons, American tious diseases since 1984; board certified, internal medi- Board of Ortho Surgeons, Arthroscopic Association of cine since 1980. Degrees/licenses: MD; Fellow, American ANDREW WOO, MD, PHD North America, International Society of Arthroscopy, Knee College of Physicians; Fellow, American College of Emer- 2021 Santa Monica Boulevard, Suite 525-E, Santa Mon- Surgery and Ortho Sports Medicine. Twenty-five years of gency Medicine; Fellow, American Academy of Emer- ica, CA 90404, (310) 829-2126, fax (310) 998-8887, experience in orthopedic medical legal work and expert gency Medicine; and member, Infectious Disease Society e-mail: [email protected]. Contact Gail. Board-certified testimony. See display ad on page 72. of America; OCMA (Orange County Medical Associa- neurology, clinical assistant professor UCLA, personal tion,); and CMA (California Medical Association); Lic: (CA, injury, pain, carpal tunnel, spine, memory, seizure, sleep, ROUGHAN & ASSOCIATES AT LINC. WA); CA Lic-G36838 since 1978, WA Lic-MD00041205 and clinical protocols. Multiple sclerosis, migraine, and 114 West Colorado Boulevard, Monrovia, CA 91016, since 2002. stroke. Education: AB Cornell University, MD and PhD (626) 303-6333, fax (626) 303-8080, e-mail: [email protected] Brown University; residency + EMG/EEG fellowship Contact Jan Roughan. Specialties: Roughan and Asso- ROBERT WAGMEISTER, MD, FACS UCLA; Advisory Boards: L.A. Neurologic Society, St. ciates at LINC is a case management and medical/legal 2001 Santa Monica Boulevard, #690-W, Santa Monica, John’s Sleep Lab; honors: Who’s Who in Medicine (2001) consulting firm. Services/products offered include 1) Life CA 90404, (310) 828-5626, fax (310) 828-2826, e-mail: and science/engineering (1993), international electro- care planning/future medical costs, 2) Expert testimony, [email protected]. Contact Robert Wagmeister, MD, physiology Young Investigator (1997), UCLA Neurology 3) Independent medical evaluation (IME) specialists iden- FACS. Vascular surgery: diseases, trauma, and surgery Teaching Awards (1994, 1996, 2006), American Academy tification, merit analysis. Medical chronologies, atten- of the circulation, both arterial and venous. Includes Neurology Research (1991), Brown University Sigma XI dance at IMEs/mediation/arbitrations, and settlement con- carotid surgery, aneurysms, bypass surgery, dialysis (1989), and research/publications (14), lectures (250). ferences. surgery, amputations, pulmonary embolus, and phlebitis. Special certification in vascular surgery. Member of MEDICAL/NEUROPSYCHOLOGY TASAMED Southern California Vascular Surgery Society, Society for PHILIP K. STENQUIST, PHD Customized Expert Referrals in all Medical practice areas. Vascular Surgery, Society for Clinical Vascular Surgery Stenquist Neurocognitive Laboratories, 6230 Wilshire (800) 659-8464, fax (800) 850-8272. Contact Linda and Peripheral Vascular Surgery Society. Extensive expe- Boulevard, Suite 37, Los Angeles, CA 90048, (323) 957- Bartorillo. FIND THE MEDICAL EXPERT or EXPERT rience, numerous cases each year, depositions, expert 4700, fax (661) 291-1741, e-mail: [email protected]. WITNESS YOU NEED quickly with one call or click to witness; court appearance as required. Birth date: May Web site: www.neurologlab.com. Contact Philip K TASAmed. We refer top caliber, experienced practition- 16, 1949. MD, Tufts Medical School, 1974. Stenquist, PhD. Specialties: Neurocognitive examination ers—including hard-to-find-specialists—for case merit re- and diagnosis of all types of traumatic, toxic, and infec- views, IME’s, litigation support, testimony, etc. in over 900 BRUCE WAPEN, MD tious neurological disorders. Consultation on all matters of medical fields. Save valuable search time. Every request EMERGENCY MEDICINE EXPERT personal injury, disability, and patient veracity. We use no receives personal service from our helpful Referral Advi- 969-G Edgewater Boulevard, Suite 807, Foster City, CA technicians or para-professionals. Birthdate: July 21, sors, including unlimited searches, referrals, resumes, 94404-3760, (650) 577-8635, fax (650) 577-0191, e-mail: 1956. Birthplace: New York, NY. Education: BA, Cognitive and your initial screening telephone interviews with candi- [email protected]. Web site: www.DrWapen Science, Florida Atlantic University, College of Science dates. If you don’t ultimately designate or engage an ex- .com. Contact Bruce Wapen, MD. Board-certified emer- 1980; PhD, Clinical psychology, Southern Illinois Univer- pert we refer, there is NO CHARGE at all. Plaintiff and de- gency physician and experienced teacher/public speaker sity, 1987. Certifications/licenses: Diplomate, American fense. Local, regional, and national referrals. Exceptional offers consultation, chart review, and testimony as an ex- Board of Clinical Neuropsychology; American Board of personal service for over 45 years. Sample categories in- pert witness for defense or plaintiff involving litigation aris- Professional Psychology. Previous positions/appoint- clude anesthesiology, cardiology, dentistry, elder care, ing from the emergency department. ments: Current Assistant Clinical Professor, Department of emergency care, forensic pathology, general surgery,
Los Angeles Lawyer November 2006 65 Neurospychology, UCLA School of Medicine; Examiner, One West, Los Angeles, CA 90048, (310) 854-9898, fax 2011, fax (310) 322-2243. E-mail: [email protected]. American Board of Clinical Neuropsychology; Amer (310) 854-0267, e-mail: [email protected]. Web site: Web site: www.seallabs.com. Contact Arun Kumar, Psych Assn. Number of publications: Seven. Member- www.towerurology.com. Contact Dudley Seth Danoff, PhD, president. Materials failure analysis, product liabil- ship in professional societies: American Academy of MD, FACS. Experience in urologic case review and testi- ity, and patent infringement support. Case evaluation and Clinical Neuropsychology; International Neuropsycho- mony for plaintiff and defense, court experience, and strategy, analytical support, and expert witness testimony. logical Society; Division 40 APA; National Academy of strategies. Extensive expertise in prostate, bladder, and Metals, composites, plastics, and glass. Airplanes, autos, Neuropsycology, consulting/expert. Witness experience, kidney cancers; kidney transplantation; pelvic trauma; helicopters, motorcycles, consumer products, medical criminal: 15 years of expert witness experience in PI, sexual dysfunction; penile implants; incontinence; infec- devices, prostheses and implants, and electrical compo- disability, and testamentary capacity. Full CV and fees tions; and stone disease. Publishing experience in scien- nents. Analysis of failure due to fatigue, overload, corro- on request. Degree/licenses: PhD; CA Lic. PSY 11042; tific journals, books, lectures, training seminars, and sion, wear, or manufacturing/material defect. ABPP; ABCN. course directorships. Princeton University, Summa Cum Laude; Yale Medical School; Columbia University urologic METEOROLOGY MEDICAL/PATHOLOGY training; Major, U.S. Air Force; Who’s Who in America; Academic appointment. Detailed CV available. AIR, WEATHER, & SEA CONDITIONS, INC. LESTHER WINKLER, MD P.O. Box 512, Pacific Palisades, CA 90272, (818) 645- Encino-Tarzana Regional Medicine Center Pathologist. MEDICAL MALPRACTICE 8632, fax (310) 454-7569, e-mail: [email protected]. (consulting emeritus status) 10155 Topeka Drive, North- Web site: www.weatherman.org. Contact Jay Rosenthal. ridge, CA 91324, (818) 349-8568, fax (818) 993-9701. LESTHER WINKLER, MD Experienced and authoritative expert testimony, reports Contact Lesther Winkler, MD. Specialties: surgical and Encino-Tarzana Regional Medicine Center Pathologist. and analyses of wind, rain, flooding, waves; specialist in autopsy pathology, clinical pathology. Forty years of expe- (consulting emeritus status) 10155 Topeka Drive, North- auto/boat/ship/aircraft accident reconstruction, property rience in reviewing medical records (hospital records, of- ridge, CA 91324, (818) 349-8568, fax (818) 993-9701. damage, slip and falls, construction, mold issues, home- fice records) with emphasis on pathology aspects, gross Contact Lesther Winkler, MD. Specialties: surgical and land security applications, air pollution, transport, and risk and microscopic, and relationships to general medical autopsy pathology, clinical pathology. Forty years of ex- identification. Movie industry applications, cinematogra- and hospital care. Experience with hospital bylaws, rules, perience in reviewing medical records (hospital records, phy, and visual effects. Determining unusualness, nor- and regulations, consent issues, and medical staff privi- office records) with emphasis on pathology aspects, malcy, and foreseeability. Official data, site visits, clear leges. Also experienced in hospital healthcare law, med- gross and microscopic, and relationships to general med- and convincing testimony. See display ad on page 55. ical, hospital, and “outside” ethical medical issues. Helped ical and hospital care. Experience with hospital bylaws, establish concepts and chaired hospital ethics committees rules, and regulations, consent issues, and medical staff GOLDEN GATE WEATHER for more than 10 years. Represented physicians before privileges. Also experienced in hospital healthcare law, 781 McDuff Avenue, Fremont, CA 94539, (510) 657-2246, California Medical Board when requested by attorneys. medical, hospital, and “outside” ethical medical issues. fax (510) 315-3015, e-mail: [email protected]. Web Degrees/licenses: MD. See display ad on page 74. Helped establish concepts and chaired hospital ethics site: http://ggweather.com. Contact Jan Null. Certified committees for more than 10 years. Represented physi- consulting meteorologist experienced at trial and deposi- MEDICAL/PLASTIC AND COSMETIC cians before California Medical Board when requested by tions. Weather event reconstruction and expert analysis RECONSTRUCTIVE SURGERY attorneys. Degrees/licenses: MD. See display ad on for rain, storms, wind, snow, flooding, ice, fog, and other page 74. weather events. Twenty-three years’ experience with Na- JOHN M. SHAMOUN, MD, FACS, INC. tional Weather Service. Degrees: BS, MA, CCM. 360 San Miguel, Suite 406, Newport Beach, CA 92660, METALLURGICAL AND CORROSION (949) 759-3077, fax (949) 759-5458, e-mail: ENGINEER NURSING/SURGERY [email protected]. Web site: www.ideallook.com. Contact Yvonne. Specialties: only plastic surgeon in the KARS ADVANCED MATERIALS, INC. MED-LINK United States board certified by the 1) American Board of Testing and Research Labs, 2528 West Woodland Drive, 3362 Budleigh Drive, Hacienda Heights, CA 91745, (626) Surgery, 2) American Board of Plastic Surgery, 3) Ameri- Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 527- 333-5110, fax (626) 968-0064, e-mail: dorothypollock can Board of Facial Plastic and Reconstructive Surgery, 7169, e-mail: [email protected]. Web site: www.karslab @adelphia.net. Contact Dorothy Pollock, LNCC. Regis- and 4) American Board of Forensic Medicine. Extensive .com. Contact Drs. Ramesh J. Kar or Naresh J. Kar. tered nurse with 38 years’ clinical experience. Non-testify- experience in all aspects of cosmetic, plastic, and recon- Southern California’s premier materials/mechanical/metal- ing services include case analysis/for merit, chronology, structive surgery of the breast, nose, face, eye, and body. lurgical/structural/forensics laboratory. Registered profes- translation, written reports, medical record organization. Well-published author of several textbook chapters and sional engineers with 20-plus years in metallurgical/foren- DME/IME accompaniment including tape recording and journal articles related to above topics. Extensive experi- sic/structural failure analysis. Experienced with automo- written report. Expert witness and testifying services, in- ence in medical malpractice case review, consultation, tive, bicycles, tires, fire, paint, plumbing, corrosion, and cluding affidavit, arbitration, declaration, deposition, and written evaluation and testimony in depositions and trial structural failures. We work on both plaintiff and defen- trial. Courtroom experienced both plaintiff and defense. for plaintiff and defense. Articulate subspecialty consul- dant cases. Complete in-house capabilities for tests. Ex- tant with up-to-date knowledge and expertise of plastic tensive deposition and courtroom experience (civil and ORTHOPEDIC SURGEON surgery literature and standards of care. Opinions sup- criminal investigations). Principals are fellows of American ported by extensive subspecialty education, training, and Society for Metals and board-certified diplomates, Ameri- MARC J. FRIEDMAN, MD experience. can Board of Forensic Examiners. See display ad on 6815 Noble Avenue, Van Nuys, CA 91405, (818) 901- page 72. 6600, fax (818) 901-6685, e-mail: [email protected]. MEDICAL/TOXICOLOGY Web site: www.scoi.com. Contact Jai Giles. Orthopedic METALLURGY shoulder and knee, consulting, and expert witness testi- JONATHAN S. RUTCHIK, MD, MPH, QME mony. IME, AME, QME and workers’ compensation evalu- 20 Sunnyside Avenue, Suite A-321, Mill Valley, CA 94941, KARS ADVANCED MATERIALS, INC. ations. See display ad on page 67. (415) 381-3133, fax (415) 381-3131, e-mail: jsrutch Testing and Research Labs, 2528 West Woodland Drive, @neoma.com. Web site: www.neoma.com. Jonathan S. Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 527- RICHARD C. ROSENBERG, MD Rutchik, MD, MPH is a physician who is board certified in 7169, e-mail: [email protected]. Web site: www.karslab 18370 Burbank Boulevard, Suite 614, Tarzana, CA 91356, both Neurology and Occupational and Environmental .com. Contact Drs. Ramesh J. Kar or Naresh J. Kar. (818) 996-6800, fax (818) 996-2929, e-mail: rcrnsx@aol Medicine. He provides clinical evaluations and treatment, Southern California’s premier materials/mechanical/metal- .com. Web site: www.drrosenberg.com. Orthopedic including electromyography, of individuals and popula- lurgical/structural/forensics laboratory. Registered profes- surgery, sports medicine, and physical therapy. Experi- tions with suspected neurological illness secondary to sional engineers with 20-plus years in metallurgical/foren- enced in IME, QME, agreed medical exams, med/legal re- workplace injuries or chemical exposure. Services include sic/structural failure analysis. Experienced with automo- ports, and expert witness testimony. Personal injury and medical record and utilization review and consulting to in- tive, bicycles, tires, fire, paint, plumbing, corrosion, and workers’ compensation. Additional office in Oxnard, dustrial, legal, government, pharmaceutical, and acade- structural failures. We work on both plaintiff and defen- California. mic institutions on topics such as metals and solvents, dant cases. Complete in-house capabilities for tests. Ex- mold illness, Baychol issues, Persian Gulf War syndrome, tensive deposition and courtroom experience (civil and GRAHAM A. PURCELL, MD, INC. musicians’ injuries, and others. See display ad on this criminal investigations). Principals are fellows of American Assistant Clinical Professor Orthopaedic Surgery, UCLA page 61. Society for Metals and board-certified diplomates, Ameri- 3600 Wrightwood Drive, Studio City, CA 91604, (818) 985- can Board of Forensic Examiners. See display ad on 3051, fax (818) 985-3049, e-mail: expert@gpurcellmd MEDICAL/UROLOGY page 72. .com. Web site: gpurcellmd.com. Contact Graham A. Purcell, MD. Dr. Purcell is a board certified orthopedic DUDLEY SETH DANOFF, MD, FACS SEAL LABORATORIES surgeon, sub-specialty in spinal disorders affecting Cedars-Sinai Medical Center, 8635 West 3rd Street, Suite 250 North Nash Street, El Segundo, CA 90245, (310) 322- adults and children. Examples of spinal disorders treated
66 Los Angeles Lawyer November 2006 by Dr. Purcell include disc diseases, stenosis, infections, tumors, injuries, and deformities including scoliosis. He possesses 26 years of orthopedic and 17 years of med- legal experience, including defense, plaintiff, insurance carriers, CA Attorney General’s office and Public Defend- er’s office. Expert testimony pertains to med-mal, personal injury, and workers’ compensation cases. As qualified medical evaluator, Dr. Purcell has extensive experience in performing QMEs, AMEs, IMEs, WC evals.
RICHARD W. VANIS, MD, MPH 301 West Huntington Drive, Suite 617, Arcadia, CA 91007, (626) 574-9745, fax (626) 574-1791, e-mail: mary @richardvanis.com. Contact Richard W. Vanis, MD, MPH. Orthopedic consulting, examinations, expert wit- ness testimony and record review. Board Certified ortho- pedic surgeon specializing in total joint replacements, arthroscopy, and sports medicine. Experienced AME, IME, expert witness, and trial and deposition testimony.
PATENT NORDMAN CORMANY HAIR & COMPTON LLP Stefanie Stolinsky, Ph.D. 1000 Town Center Drive, 6th Floor (P.O. Box 9100), CLINICAL AND FORENSIC PSYCHOLOGY Oxnard, CA 93031-9100, (805) 988-8386, fax (805) 988- PSY 16053 7786, e-mail: [email protected]. Web site: www.nchc .com. Contact Patrick F. Bright. Mr. Bright’s education and experience qualify him as an expert on patent law is- (310) 788-3436 sues, including validity, infringement and damages is- sues. He has testified in depositions as an expert many Neuropsychological and times, and has testified at trials as an expert at least three Psychological Evaluations times. In one case where he testified for plaintiff, plaintiff Brain/Head Injuries recovered a judgment in excess of $25 million. In another Work Related Injuries case, the party for whom he testified defeated the plain- Sexual Assault/Sexual Harassment tiff’s claims. ADHD • Academic • IQ Assessment Forensic Case Consultation PEDIATRIC EXPERT WITNESS Beverly Hills location www.act-it-out.com MICHAEL WEINRAUB, MD 201 Santa Fe Avenue, Suite 307, Los Angeles, CA 90012, (213) 742-0421, fax (213) 617-1187, e-mail: weinraub @sbcglobal.net. Contact Michael Weinraub, MD. BOARD CERTIFIED ORTHOPEDIC SURGEON Consultation, litigation support, and trial testimony for pediatric cases; malpractice, product liability, personal in- jury, child abuse, foster care, developmental disabilities, MARC J. FRIEDMAN, M.D. ADHD, and fetal alcohol spectrum disorder. 6815 Noble Avenue, Van Nuys, California 91405 PERSONAL INJURY Tel. 818.901.6600 ext. 2810 • Fax: 818.901.6685 • Email: [email protected] ARGOS ENGINEERING Web Site: www.scoi.com 44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax (949) 429-5972, e-mail: [email protected]. Web site: Education: Princeton University and Cornell Medical School www.argos-engineering.com. Contact John D. Pratt, PhD, PE. Litigation consulting, testing, inspections, depo- Certificate: Board Certified Orthopedic Surgeon sition, and trial testimony. Memberships: Fellowship Sports Medicine WHITE, ZUCKERMAN, WARSAVSKY, LUNA, Fellow American Academy of Orthopedic Surgeons WOLF & HUNT Fellow in the Arthroscopy Association of North America 14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA Fellow in the International Arthroscopy Association 91423, (818) 981-4226, fax (818) 981-4278, and 363 San Fellow in the International Knee Society Miguel Drive, Suite 130, Newport Beach, CA 92660, (949) Fellow in the American Orthopedic Society of Sports Medicine 219-9816, fax (949) 219-9095, e-mail: expert@wzwlw ACL Study Group .com. Contact Barbara Luna, Drew Hunt, Paul White, Certified QME, IME, AME Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex- pert witness testimony for complex litigation involving Specialties: Sports Medicine, Arthroscopic and Reconstructive Surgery of damage analyses of lost profits, unjust enrichment, rea- the Knee and Shoulder, and Knee Replacement sonable royalties, lost earnings, lost value of business, forensic accounting, fraud investigation, investigative Appointments: Assistant Clinical Professor, Division of Orthopedics, analysis of liability, marital dissolution, and tax planning UCLA School of Medicine, Chairman, Education Committee and preparation. Excellent communicators with extensive Arthroscopy Association of North America 1997-1999 testimony experience. Prior Big Four accounts. Special- World Cup Soccer Team Physician, 1985 ties includes accounting, breach of contract, business in- Physician Specialist XXIII Olympiad 1984 terruption, business dissolution, construction defects, de- Orthopedic Consultant–New York Knicks and Jets 1978-1985 lays and cost overruns, fraud, insurance bad faith, intel- lectual property including trademark, patent and copy- Publications: 60 Publications including handbook for Orthopedic Surgeons right infringement, and trade secrets, malpractice, marital on Prosthetic Ligament Reconstruction of the Knee dissolution, personal injury, product liability, real estate, Presentations: Lectures extensively with over 375 presentations worldwide spousal support, tax planning and preparation, IRS audit
Los Angeles Lawyer November 2006 67 defense, tracing, unfair advertising, unfair competition, highest levels of service and expertise to any polygraph custody, PTSD, chronic mental illness, and psychophar- valuation of businesses, and wrongful termination. See situation. Degrees/licenses: BS Psychology; Certified macology. Medical degrees from Cedars Sinai, UCSD display ad on page 43. APA, AAPP, CAPE, AAFE. See display ad on page 31. and NYU-Bellevue. Triple-board certified in adult, child and forensic psychiatry. PIPELINE PROBATE LAW MOHAN NAIR, MD AND ASSOCIATES KARIAN PIPELINE TESTING DARLING, HALL & RAE, LLP 433 North Camden Drive, Suite 600, Beverly Hills, CA P.O. Box 39787, Los Angeles, CA 90039-0787, (818) 547- 520 South Grand Avenue, 7th Floor, Los Angeles, CA 90210, (562) 493-2218, fax (562) 493-4459, e-mail: 1007, e-mail: [email protected]. Contact 90071-2645, (213) 627-8104, fax (213) 627-7795, e-mail: [email protected]. Web site: www Sam P. Karian. Extensive experience in oil and gas [email protected]. Contact Matthew S. Rae Jr. .forensicphysicians.com. Contact Brady. Twenty years of pipeline systems (including pump and compressor sta- Attorney specialists in estate planning, trust, and probate experience in forensic psychiatry, neuropsychiatry, child tions) design, engineering, construction, operation, hydro- law. Consultant and expert witness, special and associate and adolescent, civil litigation, and criminal cases. Exten- static testing, in-line inspection with smart pigs, relocation, counsel, guardian ad litem, referee, special administrator, sive experience with sexual abuse in schools and juvenile maintenance, repair and integrity assessment. Pipeline and independent trustee. facilities. My training and certification make me uniquely failures investigation and analysis. Pipeline accident re- qualified to be an expert in complex litigation. Board certi- lated death/injury/damage analysis and reconstruction. HONORABLE ANITA RAE SHAPIRO fied in Psychiatry, Child and Adolescent Psychiatry, Has testified in courts of California. References and suc- Superior Court Commissioner (Retired), P.O. Box 1508, Forensic Psychiatry and certification in Psychopharmacol- cessful cases list available upon request. Brea, CA 92822-1508, e-mail: privatejudge@adr-shapiro ogy and addiction medicine. California Medical Board Ex- .com. Web site: http://adr-shapiro.com. Retired Los Ange- pert, faculty of the judicial council of California, and Presi- PLASTIC AND COSMETIC RECONSTRUC- les Superior Court commissioner (15 years) available to dent Elect American Society of Adolescent Psychiatry. TIVE SURGERY testify as a probate expert witness in cases involving wills See display ad on page 53. and trust issues. Presided in Long Beach Probate Depart- JEFFREY L. ROSENBERG, MD ment five years. See display ad on page 73. LAWRENCE R. MOSS MD 1245 Wilshire Boulevard, Suite 601, Los Angeles, CA 2999 Overland Avenue, Suite 201, Los Angeles, CA 90017, (213) 977-0257, fax (213) 977-0501. Contact PROCESS SERVER 90064, (310) 838-6306, fax (310) 838-6362, e-mail: lmoss Martha. Plastic and reconstructive surgery, burn special- @ucla.edu. Contact Lawrence R. Moss, MD. Civil litiga- BENCHMARK INVESTIGATIONS ist. Diplomate, American Board of Plastic Surgery. Mem- tion, medical and dental malpractice, employment law, 32158 Camino Capistrano, # A-415, San Juan ber, American Burn Association and American Society of workers’ compensation, and disability. See display ad on Capistrano, CA 92675, (800) 248-7721, fax (949) 248- Plastic Surgeons. page 57. 0208, e-mail: [email protected]. Web site: www .BenchmarkInvestigations.com. Contact Jim Zimmer, POLICE PRACTICES JEFF SUGAR, MD CPI. National agency. Professional investigations with em- 312 East Sycamore Avenue, El Segundo, CA 90245, (310) TT WILLIAMS JR, INVESTIGATIONS INC. phasis upon accuracy, detail, and expedience. Asset/fi- 291-0886, e-mail: [email protected]. Jeff Sugar, MD, 445 South Figueroa Street, Suite 2700, Los Angeles, CA nancial searches, background investigation, DMV child, adolescent, and adult psychiatrist. Assistant clinical 90071, (213) 489-6831, fax (213) 426-2151, e-mail: ttwjrpi searches, domestic/marital cases, due diligence, process professor, UCLA and USC. A practicing psychiatrist for 17 @aol.com. Web site: www.ttwilliamspi.com. Contact service, surveillance/photograph, witness location, and years, he is board certified in child and general psychia- Timothy T Williams Jr. CEO. Expert testimony in criminal statements. LA branch plus correspondents nationwide. try. He is past president of the Southern California Society investigations and procedures. Specializing in conducting Multilingual agents. Fully insured. of Child and Adolescent Psychiatry. As founding director criminal, civil, workers compensation, sub rosa/surveil- of research at Hathaway Children and Family Services, he lance, background, and discrimination investigations. PRODUCTS LIABILITY led a study of the long-term effects of trauma. Currently, Firm has over 200 years’ investigative experience in an ward chief: University of Southern California, adolescent array of fields. Retired LAPD, Senior Detective Supervisor, A R TECH FORENSIC EXPERTS, INC. inpatient unit and in private practice-general and child Elite Robbery-Homicide Division. Twenty-nine plus years 18075 Ventura Boulevard, Suite 209, Encino, CA 91316, psychiatry. Dr. Sugar’s reports and/or testimony have had of active law enforcement experience, with 26 years con- (818) 344-2700, fax (818) 344-3777. Engineers: experi- an impact in cases (both child and adult) involving: ducting and supervising investigations including homi- enced, registered, advanced degrees, extensive testi- trauma: sexual and physical abuse (with or without PTSD), cide, robbery, domestic violence, child abuse, assault, mony experience. Traffic accidents (all motor vehicle personal injury and workers’ compensation, psychiatric sexual assault, rape, burglary, auto theft, juvenile, and types, bicycles, pedestrians), collisions, rollovers, skid medication issue, diagnosis and appropriate treatment, narcotics investigation. Degrees/Licenses: P.O.S.T. Su- marks, visibility, signal phasing, time-motion, low-speed ethical issues and stress in legal practice, battered wom- pervisory Leadership Institute; West Point Leadership Pro- impact. Industrial and construction accidents: OSHA is- an’s syndrome, child custody. Free initial telephone con- gram; Basic, Intermediate, Advanced and Supervisor sues. Automotive, industrial, consumer products: brakes, sultation with attorney. Attorney references and/or P.O.S.T. Certificates; PI 23399; PPO 14771. seat belts, forklifts, machinery, tools, protective equip- ment, lawn mowers, heaters, chairs, fixtures, ladders, redacted past reports available on request. See display ad on page 56. POLICE/SECURITY scaffolds, fasteners. Premises liability: code analysis, stairways, ramps, doors, gates, windows, guardrails, DANIEL R. SULLIVAN, DEPUTY CHIEF, pools, and lighting. Slip-and-fall. Trip-and-fall. Biomechan- PSYCHIATRY/PSYCHOLOGY LAPD, RET. ics. Safety. Human factors. See display ad on page 46. ARNOLD L. GILBERG, MD, PHD 76766 Daffodil Drive, Palm Desert, CA 92211, (818) 590- Associate Clinical Professor of Psychiatry, UCLA School 2486, e-mail: [email protected]. Web site: PSYCHIATRY of Medicine, a professional corporation, 9915 Santa Mon- www.investigativeservices.com. Contact Dan Sullivan. ica Boulevard, Suite 101, Beverly Hills, CA 90212, (310) Expert witness—use of force/police practices, event/facil- MARIA T. LYMBERIS, MD, INC. 274-2304, fax (310) 203-0783. Contact Arnold L. ity security—consultant to cities of Los Angeles, Beverly 1500 Montana Avenue, Suite 204, Santa Monica, CA Gilberg. Board certified and appointed by three gover- Hills, U.S. Department of Justice. Qualified as expert over 90403, (310) 451-3152, fax (310) 454-1039, e-mail: nors to Medical Board of California 11th District MQRC 150 times in superior/federal courts. [email protected]. Web site: www.lymberis.com. Contact Maria T. Lymberis, MD. Clinical professor of 1982-1991. Certified in psychiatry and psychoanalysis. All civil matters, and experienced as expert witness. De- POLYGRAPH Psychiatry, UCLA, Board Certified in adult and child-ado- lescent psychiatry, expert consultant of Medical Board of grees/licenses: M.D., PhD. Licensed in California and JACK TRIMARCO & ASSOCIATES California, expert in psychiatric evaluations for: fitness for Hawaii. See display ad on page 63. POLYGRAPH INC. duty, competency, sexual harassment, and post traumatic 9454 Wilshire Boulevard, 6th Floor, Beverly Hills, CA stress, divorce. STEFANIE STOLINSKY, PHD, LICENSED 90212, (310) 247-2637, fax (310) 306-2720, e-mail: PSYCHOLOGIST, PSY 16053 [email protected]. Web site: www.jacktrimarco.com. PSYCHIATRY/FORENSIC 9107 Wilshire Boulevard, Suite 200, Beverly Hills, CA Contact Jack Trimarco. Former manager of the Federal 90210, (310) 788-3436. Web site: www.act-it-out.com. Bureau of Investigation’s polygraph program in Los Ange- SUZANNE M. DUPEE, MD, PSYCHIATRIST, A Contact Stefanie Stolinsky, PhD. Neuropsychological les. Former Inspector General Polygraph Program—De- PROFESSIONAL MEDICAL CORPORATION and psychological evaluations; personal injury evalua- partment of Energy. Nationally known and respected Poly- P.O. Box 10131, Marina del Rey, CA 90295, (310) 335- tions, intelligence, cognitive and personality testing. Ex- graph Expert. I have the credentials you would want when 1288, fax (866) 341-8679, e-mail: suziedupee@yahoo pert witness for adults abused as children; PTSD. See you have a client polygraphed, a case reviewed, a motion .com. Contact Dr. Suzie Dupee. Forensic psychiatry with display ad on page 67. made regarding polygraph, or an in-depth professional in- extensive experience in work-related disability, malprac- vestigation. My unique background allows me to bring the tice, IME, sexual harassment, child abuse, criminal, child
68 Los Angeles Lawyer November 2006
PUBLISHING .net. Contact Dale A. Eleniak. Standards of care, broker fax (818) 999-0826, e-mail: [email protected]. Contact supervision, expert witness, litigation analysis, broker Temmy Walker. Specializes in expert witness testimony BAY SHERMAN CRAIG & GOLDSTEIN, LLP standards of care, disclosure’s agency, and property both and litigation consultant in matters regarding residential 11845 West Olympic Boulevard, Suite 845, Los Angeles, commercial and residential real estate. See display ad on real estate, with emphasis on the customs and practice, CA 90064, (310) 477-1400, fax (310) 479-0720, e-mail: page 51. standards of care, disclosure requirements, agency rela- [email protected]. Web site: www.baysherman.com. tionships, and broker supervision. Complete assistance. Contact Peter Craig or Hal Jaffe. Many legal disputes STEPHEN B. FAINSBERT, ESQ., FAINSBERT Extensive transaction and court experience. Director Cali- involve operational, financial, accounting, and income tax MASE & SNYDER, LLP fornia Association of Realtors, master faculty instructor for considerations. Bay Sherman Craig & Goldstein, LLP, 11835 West Olympic Boulevard, Suite 1100, Los Angeles, continuing education C.A.R. Excellent credentials and ref- work together with counsel to resolve these conflicts. We CA 90064, (310) 473-6400, fax (310) 473-8702, e-mail: erences. See display ad on page 73. specialize in publishing intellectual property. In addition to [email protected]. Contact Stephen B. Fainsbert. expert witness testimony, we provide the following: ser- Expert testimony in real property exchanges (coauthor ALAN D. WALLACE, ESQ. vices prior to trial, financial, accounting and income tax is- CEB publication Real Property Exchanges, 2nd ed.), real 14011 Ventura Boulevard, Suite 406, Sherman Oaks, CA sues defined, record analysis, economic fact-finding and estate transactions, standard of care and practice for real 91423, (818) 501-0133, fax (818) 905-6091, e-mail: analysis, deposition preparation assistance, and settle- estate brokers, escrow, and real estate attorneys, disclo- [email protected]. Contact Alan D. Wallace, Esq. ment negotiations. sures in purchase and sale agreements, real estate Expert witness and litigation consulting for general real financing, and secured real property transactions. estate matters, including law, custom and practice, QUESTIONED DOCUMENTS agency, disclosure, broker malpractice, standards of care FINESTONE & RICHTER for brokers, buyers and sellers. Broker and attorney. In- BLANCO & ASSOCIATES, INC. — FORENSIC 11601 Wilshire Boulevard, Suite 1900, Los Angeles, CA volved as broker in more that 7,500 real estate transac- DOCUMENT EXAMINATIONS 90025, (310) 575-0800, fax (310) 575-0170, e-mail: tions. Department of Real Estate master instructor and au- 655 North Central Avenue, 17th Floor, Glendale, CA [email protected]. Contact Howard N. Gould. At- thor, former CAR hotline attorney, university law professor 91203, (818) 545-1155, fax (818) 545-1199, e-mail: torney malpractice in residential real estate, residential in real estate. Successfully testified in dozens of cases. [email protected]. Web site: www.jimblanco.com. brokerage issues, agent/broker employment issues, bro- See display ad on page 74. Contact Jim Blanco. Former full time federal and state ker and finder issues, partnership and shareholder dis- government forensic document examiner (handwriting putes. WARONZOF ASSOCIATES, INC. expert) with the US Treasury Federal Bureau of ATF and 12200 West Olympic Boulevard, Suite 480, Los Angeles, California State Department of Justice. Court-qualified SAMUEL K. FRESHMAN, BA, JD C 90064, (310) 954-8060, fax (310) 954-8059. Web site: and certified ABFDE. Signature, handwriting and hand 6151 West Century Boulevard, Suite 300, Los Angeles, www.waronzof.com. Contact Timothy R. Lowe, MAI, printing examinations, writer identification, writer elimina- CA 90045, (310) 410-2300, fax (310) 410-2919. Contact CRE. Waronzof Associates provides real estate and land tion, forgery and counterfeits, computer printed or type- Samuel K. Freshman. Attorney and real estate broker use litigation support services including economic dam- written documents, medical chart evaluation (in medical since 1956, banker, professor legal malpractice, arbitra- ages, lost profits, financial feasibility, highest and best malpractice cases), probate, wills, trusts, real estate doc- tion, brokerage malpractice, leases, syndication, con- use, property value, enterprise value, partnership interest uments, deeds, and contracts. All facets of civil and crimi- struction, property management, finance, due diligence, and closely-held share value, fair compensation, lender nal litigation nationally. conflict of interest, title insurance, banking, escrow, and liability and reorganization plan feasibility. Professional development. Expert witness 30-plus years in state and staff of six with advanced degrees and training in real es- REAL ESTATE federal courts. Twenty-one published articles, arbitrator tate, finance, urban planning and accounting. See dis- ADVISORS/EXPERTS @ MCS ASSOCIATES and mediator, general partner $300,000 plus, shopping play ad on page 41. 18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) centers, apartments, and industrial property. JD Stanford 263-8700, fax (949) 263-0770, e-mail: experts (1956). See display ad on page 73. REAL ESTATE APPRAISAL @mcsassociates.com. Web site: www.mcsassociates CURTIS-ROSENTHAL, INC. .com. Contact Norman Katz, managing partner. Na- LAW OFFICE OF LORE HILBURG 5959 West Century Boulevard, Suite 1010, Los Angeles, tionally recognized banking, finance, insurance, and real 1651 Virginia Road, Los Angeles, CA 90019, (323) 737- CA 90045, (310) 215-0482, fax (310) 215-3089, e-mail: estate consulting group (established 1973). Experienced 4444, fax (323) 737-4411, e-mail: [email protected]. [email protected]. Web site: www litigation consultants/experts include senior bankers, Contact Lore Hilburg. Recognized expert witness on .curtisrosenthal.com. Contact David Rosenthal, MAI. lenders, consultants, economists, accountants, insurance title, escrow, and foreclosure issues as well as legal mal- Appraisal of commercial and residential real estate for es- underwriters/brokers. Specialties: lending customs, prac- practice regarding title and title insurance matters. Testi- tate planning, eminent domain, bankruptcy, divorce, and tices, policies, in all types of lending (real estate, busi- fied in superior and federal courts and arbitrations. general litigation. Accepted in local, state, and federal ness/commercial, construction, consumer/credit card), courts. banking operations/administration, trusts and invest- LAWRENCE H. JACOBSON, ESQ. ments, economic analysis and valuations/damages as- 9401 Wilshire Boulevard, Suite 1250, Beverly Hills, CA STEVEN J DECKER & ASSOCIATES sessment, insurance claims, coverages and bad faith, 90212, (310) 271-0747, fax (310) 271-0757, e-mail: 5800-A Hannum Avenue, Suite 235, Culver City, CA real estate brokerage, appraisal, escrow, and construc- [email protected]. Web site: www.lawrencejacobson 90230, (310) 645-9691, fax (310) 645-9692, e-mail: tion defects/disputes, and title insurance. .com. Practicing real estate law in California since 1968; Real estate broker since 1978; Former VP-Legal Affairs, [email protected]. Contact Steven Decker, MAI. Specialties: expert witness in real estate and fractional ROGER BERNHARDT California Association of Realtors; broker. Expert wit- interest (FLP and LLC) valuation, approved IRS appraiser Professor, Golden Gate University School of Law, 536 ness/consultant expertise in standard of care; real estate panel (LA district). Experience in construction defects, Mission Street, San Francisco CA 94105 (415) 666 3343, brokerage; lawyer malpractice, transactional custom, and easements, title defect litigation, toxic contamination, fax (415) 974 1549, e-mail: [email protected]. Web usage. See display ad on page 51. estate taxes, and all property types. Degrees/Licenses: site: www.Rogerbernhardt.com. Specialties: Real estate MAI, Certified General Real Estate Appraiser, Real Estate and mortgage law and transactions; standard of care. OVERLAND, PACIFIC & CUTLER, INC. Broker, published by ASA and Appraisal Institute, BA, Publications (partial list): Editor of California Real Property 100 West Broadway, Suite 500 Long Beach, CA 90802, Economics, Claremont McKenna College. Law Reporter (CEB). Bernhardt’s California Real Estate (800) 400-7356, fax (562) 304-2020, e-mail: jColburn Laws (Lexis), California Mortgage & Deed of Trust Prac- @OPCservices.com. Web site: www.OPCservices.com. RESTAURANT/HOTEL tice (CEB); Black Letter Law of Real Property and Real Contact Jerry Colburn, Vice President. Overland, Pa- cific & Cutler (OPC) provides relocation assistance, land Property in a Nutshell (West). Casebooks on Property and LEON GOTTLIEB and right of way acquisition and real estate consulting Real Estate Finance (Carolina Press). Professional Associ- US-INT’L RESTAURANT, HOTEL & FRANCHISE services for public and private projects. We specialize in ations: American College of Real Estate Lawyers, Ameri- CONSULTANT business relocation and forensic relocation services. For can College of Mortgage Attorneys, American Law Insti- 4601 Sendero Place, Tarzana, CA 91356-4821, (818) 25 years we have offered litigation support for eminent tute, Chair of Legal Education Committees of ABA & Cali- 757-1131, fax (818) 757-1816, e-mail: [email protected]. domain cases and expert witness testimony in matters fornia Bar Real Property Sections. Licenses: Attorney Web site: http://members.aol.com/lgottlieb/myhomepage pertaining to relocation assistance and the loss of good- (California & New York), Real Estate Broker (California). /business.html. Specialties: USA/Int’l restaurant/hotel/ will. Another expertise that we provide to the legal com- Education: AB, AB, AM, JD, University of Chicago, Phi franchise experience since 1960. Hands-on consultant munity is forensic site referral review for business reloca- Beta Kappa, Coif, Law Review, Moot Court Winner. and expert witness, all types of restaurants, franchises, tions and audits of relocation files prior to trial. fast food, training, manuals, safety, security, injury, oper- DALE A. ELENIAK LAW CORPORATION ating standards, and P&L damages. Former VP/Partner TEMMY WALKER, INC. 663 Breckenridge Place, Simi Valley, CA 93065, (310) IHOP, director to USA chains, author, arbitrator, and 5026 Veloz Avenue, Tarzana, CA 91356, (818) 760-3355, 374-4662, fax (310) 318-3808, e-mail: theword1@pacbell expert witness.
70 Los Angeles Lawyer November 2006 RETALIATION distinctive partnership that combines the strengths of the business and academic worlds. Our areas of expertise in- HAIGHT CONSULTING clude identifying and supporting expert witnesses in intel- 1726 Palisades Drive, Pacific Palisades, CA 90272, (310) lectual property, antitrust, securities, entertainment, real 454-2988, fax (310) 454-4516. Contact Marcia Haight, estate, financial institutions, and general business litiga- SPHR. Human resources expert knowledgeable in both tion. federal and California law. Twenty-five years’ corporate human resources management experience plus over 16 ROBERT C. ROSEN years as a Human Resources Compliance Consultant in 300 South Grand Avenue, Suite 2700, Los Angeles, CA California. Specializations include sexual harassment, 90071, (213) 362-1000, fax (213) 362-1001, e-mail: ADA/disability discrimination, other Title VII and FEHA dis- [email protected]. Web site: www.rosen-law crimination and harassment, retaliation, FMLA/CFRA, .com. Specializing in securities law, federal securities law safety, and wrongful termination. Courtroom testimony enforcement, securities arbitration, and international secu- and deposition experience. Retained 60 percent by de- rities, insider trading, NYSE, AMEX, NASD disciplinary fense, 40 percent by plaintiff. Audit employer’s actions in proceedings, broker-dealer, investment company and in- preventing and resolving discrimination, harassment, and vestment adviser matters, liability under federal and state retaliation issues. Assess human resources policies and securities laws, public and private offerings, internet secu- practices for soundness, for comparison to prevailing rities, and law firm liability. Former chair, LACBA Business practices, and for compliance. Evaluate employer respon- and Corporations Law Section; LLM, Harvard Law School. siveness to complaints and effectiveness of employer in- More than 32 years practicing securities law, 12 years vestigations. Assist counsel via preliminary case analysis, with the U.S. Securities and Exchange Commission, discovery strategy, examination of documents, and expert Washington, DC. Published author/editor of securities reg- testimony. ulations, including multivolume treatises. See display ad on page 59. ROOFING AND WATERPROOFING SECURITY SCHWARTZ / ROBERT & ASSOCIATES, INC. 42 Faculty Street, Thousand Oaks, CA 91360, (805) 777- JOHN CASE, CPP-SECURITY EXPERT 1115, cell (805) 796-9092, fax (805) 777-1172, e-mail: 2310 Coast Boulevard, Del Mar, CA 92014, (858) [email protected]. Web site: www.schwartzrobert.com. 755-2931. Web site: www.security-consultant.com Contact Robert I. Schwartz, AIA. Real property develop- /expert_testimony.htm. Contact John D. Case, CCP. ment procedures & practices, all building types, sizes & Expertise in security standards/practices, crime foresee- phases. Professional evaluation of building design errors ability, third party crimes, guard performance, use of & omissions, building code compliance & professional force, shoplifting, parking lots, investigations, theft of standards of practice. Forensic investigation of construc- trade secrets, negligent hiring/retention, and workplace tion defects. Repair cost estimates. Construction contract/ violence. Over 30 years of security experience in consult- subcontract performance—project management adminis- ing/prior employment with three Fortune 100 firms. Con- tration & cost accounting, CPM scheduling, cost estimat- ducted over 800 security surveys. BS Degree in Security ing, change order administration, quality assurance & Administration, Michigan State University. International building performance. Evaluation of delay claims. Docu- Association of Professional Security Consultants (Found- mentation of major property/casualty insurance losses. ing Member, Past President, Current Board Member), Excellent litigation support & trial exhibit preparation. Ex- Board Certified Protection Professional (CPP), and Li- pert witness testimony. Experienced AAA arbitrator & me- censed Security Guard, State of California. diator. Large & complex cases. Member, Dispute Resolu- tion Boards. LEGAL FRIENDLY TECHNOLOGIES 3518 Dunn Drive, Suite 206, Los Angeles, CA 90034, SHEPHERD CONSULTING SERVICES (310) 558-8328, e-mail: [email protected]. P.O. Box 10010, Torrance, CA 90505, (310) 378-0791, Web site: www.LegalFriendly.com. Contact Benjamin fax (888) 870-1663, e-mail: [email protected]. Sotelo, president and legal engineer. Legal Friendly Contact John Shepherd, RRC, RRO. Roofing, water- Technologies has authored articles for the Computer proofing, sheet metal and building envelope consulting Counselor section of Los Angeles Lawyer magazine for services for construction defect litigation, personal injury the last half decade. Legal Friendly also authors law office and water damage loss (standard of care and building technology articles for the L.A. Paralegal Association Re- code issues), and property loss claims (wind, fire, earth- porter and Law Office Computing magazine. The L.A. quake and hail). Support services includes: visual inspec- Paralegal Association has recognized Legal Friendly as a tions, invasive testing, leak investigation, water testing, re- benefactor member. Legal Friendly is recognized as ex- port development, documentation, document review, re- perts in all law office technologies: forensic discovery, search, mediation and trial expert witness testimony, and data discovery, data recovery, antivirus and antispam cost estimating. protection, document depositories, time and billing, wire- less and other network topologies, surveillance, ABA- VAN DIJK & ASSOCIATES, INC. compliant Web pages and marketing campaigns, remote 28 Hammond, Suite G, Irvine, CA 92618, (949) 586-3828, communication, employee training programs, courtroom fax (949) 586-7429, e-mail: [email protected]. Web multimedia animation and presentation, database pro- site: www.vdaconsulting.com. Contact Nils Van Dijk. gramming and support, war rooms, expert witness, and Experienced staff of consultants specializing in forensic inter alia. We are engineers that think law. /expert witness litigation services, plan/document review, specification preparation, and quality control/manage- SEXUAL HARASSMENT/DISCRIMINATION ment services. EQUILAW SECURITIES 10061 Riverside Dr. Suite 536, Toluca Lake, CA 91602, (818) 762-7676, fax (818) 762-8003, e-mail: jyanow CORNERSTONE RESEARCH @equilaw.com. Web site: www.equilaw.com. Contact 515 South Flower Street, Suite 2900, Los Angeles, CA Julie B Yanow, Principal. More than 19 years of employ- 90071, (213) 553-2500, fax (213) 553-2699, e-mail: ment and labor law experience. EquiLaw assists clients [email protected]. Web site: www.cornerstone with workplace investigations of harassment, discrimina- .com. Contact George G. Strong, Jr. Cornerstone Re- tion, retaliation/other misconduct; workplace training in search provides attorneys with expert testimony and eco- harassment/discrimination prevention, HR practices, man- nomic and financial analyses in all phases of commercial agement skills, and executive coaching. EquiLaw also of- litigation. We work with faculty and industry experts in a fers expert consulting/testimony regarding the prevention,
Los Angeles Lawyer November 2006 71 investigation, elimination of unlawful workplace harass- ment, discrimination, retaliation, wrongful termination, and management issues. See display ad on page 54.
HAIGHT CONSULTING 1726 Palisades Drive, Pacific Palisades, CA 90272, (310) 454-2988, fax (310) 454-4516. Contact Marcia Haight, SPHR. Human resources expert knowledgeable in both federal and California law. Twenty-five years’ corporate human resources management experience plus over 16 years as a Human Resources Compliance Consultant in California. Specializations include sexual harassment, ADA/disability discrimination, other Title VII and FEHA dis- crimination and harassment, retaliation, FMLA/CFRA, safety, and wrongful termination. Courtroom testimony and deposition experience. Retained 60 percent by defense, 40 percent by plaintiff. Audit employer’s actions in pre- venting and resolving discrimination, harassment, and re- taliation issues. Assess human resources policies and practices for soundness, for comparison to prevailing practices, and for compliance. Evaluate employer respon- siveness to complaints and effectiveness of employer in- vestigations. Assist counsel via preliminary case analysis, discovery strategy, examination of documents, and expert testimony.
HRM CONSULTING, INC. P.O. Box 1786, Murphys, CA 95247, (209) 728-8905, fax (209) 728-8970, e-mail: [email protected]. Web site: www.hrmconsulting.com. Contact Beth Brascugli Hirsch, MBA, SPHR. Ms. Hirsch’s experience includes working on employment and vocational rehabilitation mat- ters from both the employee and employer perspective. Her expertise is utilized in ADA/FMLA, FMLA/CFRA, wrongful termination, and sexual harassment cases. We provide litigation support, expert testimony, and investiga- tions, and specialize in helping companies implement strategies to comply with the complicated realm of per- sonnel management regulations. Ms. Hirsch is nationally certified as a SPHR and sits on the International Employ- ment Health, Safety and Security Panel.
STEPHEN J. MOREWITZ, PHD. & ASSOCIATES THE BEST LEGAL MINDS 5300 Bothwell Road, Tarzana, CA 91356, (818) 594-1587, fax (818) 345-9811, e-mail: [email protected]. Web site: http://home.earthlink.net/~morewitz/ Contact Dr. IN THE COUNTRY Stephen Morewitz, Ph.D. Evaluates sexual harassment impact, sexual harassment policies/procedures, disability, TALK TO US quality of life losses, and stress.
SLIP, TRIP, AND FALL • Metallurgical Failures • Bio-Medical/Orthopedic Implants A R TECH FORENSIC EXPERTS, INC. • Corrosion & Welding Failures • Plumbing/Piping/ABS Failures 18075 Ventura Boulevard, Suite 209, Encino, CA 91316, • Glass & Ceramic Failures • Complete In-House Laboratory (818) 344-2700, fax (818) 344-3777. Engineers: experi- enced, registered, advanced degrees, extensive testi- • Chairs / Ladders / Tires Testing & Analysis Facilities mony experience. Traffic accidents (all motor vehicle • Automobile/Aerospace/ • Expert Witnesses/Jury Verdicts types, bicycles, pedestrians), collisions, rollovers, skid marks, visibility, signal phasing, time-motion, low-speed Accidents • Licensed Professional Engineers impact. Industrial and construction accidents: OSHA is- sues. Automotive, industrial, consumer products: brakes, seat belts, forklifts, machinery, tools, protective equip- Contact: Dr. Naresh Kar, Fellow ASM, Fellow ACFE ment, lawn mowers, heaters, chairs, fixtures, ladders, Dr. Ramesh Kar, Fellow ASM, Fellow ACFE scaffolds, fasteners. Premises liability: code analysis, stair- ways, ramps, doors, gates, windows, guardrails, pools, and lighting. Slip-and-fall. Trip-and-fall. Biomechanics. Safety. Human factors. See display ad on page 46.
ADVANCED MATERIALS, INC. TAXATION Testing & Research Labs KAJAN MATHER & BARISH 2528 W. Woodland Drive 9777 Wilshire Boulevard. Suite 805, Beverly Hills, CA Anaheim, CA 92801 90212, (310) 278-6080, fax (310) 278-4805, e-mail: ehk ■ TEL: (714)527-7100 @taxdisputes.com. Web site: www.taxdisputes.com. Contact Elliott H. Kajan. The firm’s practice is devoted to ■ FAX: (714)527-7169 representation of taxpayers before the Internal Revenue ■ www.karslab.com ■ email: [email protected] Service, Franchise Tax Board, State Board of Equalization, and California Employment Development Department, in-
72 Los Angeles Lawyer November 2006 volving tax audits, administration appeals proceedings, tax collection matters, complex tax litigation, and criminal tax investigations and trials. The firm also represents and REAL ESTATE, BANKING, MALPRACTICE advises accountants and attorneys regarding tax penal- ties and professional responsibility matters. EXPERT WITNESS – SAMUEL K. FRESHMAN, B.A., J.D.
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Los Angeles Lawyer November 2006 73 Expert Witness practices, faulty equipment or maintenance, or any of the EXPERT – PATHOLOGIST numerous other issues requiring expert testimony, we can —Real Estate Matters— provide the right person for your case. LESTHER WINKLER, MD SPECIALIST IN: VOCATIONAL ECONOMIC ANALYST • Broker duties; Standard of Care STEPHEN M. BERRY, MS, CRC • Disclosure Issues – Buyer/Seller Specialties: 4132 Katella Avenue, Suite 101, Los Alamitos, CA 90720, • Agency Obligations (562) 594-4621, fax (562) 594-4622, e-mail: smberry2 Surgical and Autopsy Pathology @aol.com. Contact Stephen M. Berry, MS, CRC. Foren- • Real Estate Malpractice Clinical Pathology sic vocational economic analyses, assessments of pre- • Mortgage Brokerage Law and-post-incident earning capacity and worklife ex- • Residential & Commercial Transactions pectancy; impact of disability on post-injury earning ca- pacity and worklife expectancy; loss of future earnings CREDENTIALS: 40 YEARS EXPERIENCE and earning capacity; vocational testing, employability Supervising Broker evaluations and labor market research in cases of; per- Responsible for overseeing more than Medical record reviewing (hospital records, sonal injury, wrongful death, medical malpractice, em- office records) with emphasis on pathology ployment discrimination, product liability, wrongful termi- 7,500 RE transactions in major nation, marital dissolution, and sexual harassment. California-based real estate companies. aspects, gross and microscopic, and relation- ship to general medical and hospital care. General Counsel WEATHER Legal adviser for two of nation’s largest Experience with hospital bylaws, rules, and real estate companies. regulations, consent issues, and medical staff GOLDEN GATE WEATHER 781 McDuff Avenue, Fremont, CA 94539, (510) 657-2246, privileges; as well as, hospital healthcare law, Hotline Attorney fax (510) 315-3015, e-mail: [email protected]. Web Supervising Senior Counsel at medical, hospital, and “outside” ethical site: http://ggweather.com. Contact Jan Null. Certified California Association of Realtors (CAR) medical issues. consulting meteorologist experienced at trial and deposi- DRE Master Instructor tions. Weather event reconstruction and expert analysis Helped establish concepts and chaired Author, DRE Disclosure Course. for rain, storms, wind, snow, flooding, ice, fog, and other hospital ethics committees for more than 10 weather events. Twenty-three years’ experience with Na- years. Represented physicians before Calif- tional Weather Service. Degrees: BS, MA, CCM. Alan D. Wallace, Esq. ornia Medical Board when requested by 14011 Ventura Blvd., Suite 406 attorneys. WORKERS’ COMPENSATION Sherman Oaks, CA 91423 818/501-0133 ■ FAX 818/905-6091 GRAHAM A. PURCELL, MD, INC. TEL 818/349-8568 FAX 818/993-9701 www.expertwitnessre.com Assistant Clinical Professor Orthopaedic Surgery, UCLA 10155 Topeka Drive, Northridge, CA 91324 3600 Wrightwood Drive, Studio City, CA 91604, (818) 985- e-mail: [email protected] 3051, fax (818) 985-3049, e-mail: expert@gpurcellmd .com. Web site: gpurcellmd.com. Contact Graham A. Purcell, MD. Dr. Purcell is a board certified orthopedic surgeon, sub-specialty in spinal disorders affecting adults and children. Examples of spinal disorders treated by Dr. Purcell include disc diseases, stenosis, infections, tumors, injuries, and deformities including scoliosis. He possesses 26 years of orthopedic and 17 years of med- legal experience, including defense, plaintiff, insurance carriers, CA Attorney General’s office and Public Defend- er’s office. Expert testimony pertains to med-mal, personal injury, and workers’ compensation cases. As qualified medical evaluator, Dr. Purcell has extensive experience in performing QMEs, AMEs, IMEs, WC evals.
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74 Los Angeles Lawyer November 2006 Ethics Opinion Los Angeles County Bar Association Professional Responsibility and Ethics Committee
Opinion No. 518: Ethical Considerations in Outsourcing of Legal Services
SUMMARY: An attorney in a civil case who charges an hourly rate may contract with an out-of-state company to draft a brief provided the
attorney is competent to review the work, remains ultimately responsible for the final work product filed with the court by the attorney on
behalf of the client, the attorney does not charge an unconscionable fee, client confidences and secrets are protected, and there is no con-
flict of interest between the client and the contracting entity. The attorney may be required to inform the client of the nature and scope of
the contract between attorney and out-of-state company if the brief provided is a significant development in the representation or if the
work is a cost which must be disclosed to the client under California law. Any refund of charges by the out-of-state company to the attor-
ney should be passed through to the client if the client was separately charged for the service.
AUTHORITIES CITED: Statutes: California Business and Professions Code Section 6068, California Business and Professions Code Section
6125, California Business and Professions Code Section 6126. Cases: Bushman v. State Bar, 11 Cal. 3d 558 (1974); Crawford v. State Bar,
54 Cal. 2d 659 (1960); Farnham v. State Bar, 17 Cal. 3d 605 (1976); Jones v. State Bar, 49 Cal. 3d 273 (1989), Simmons v. State Bar, 2 Cal.
3d 719 (1970). California Rules of Professional Conduct: Rule 1-100, Rule 1-120, Rule 1-310, Rule 1-320, Rule 1-400, Rule 2-200, Rule 3-110,
Rule 3-310, Rule 3-500, Rule 5-200. Opinions: COPRAC Formal Opinion 1994-138, COPRAC Formal Opinion 2004-165, LACBA Formal Opinion
374, LACBA Formal Opinion 423, LACBA Formal Opinion 473.
FACTS: An attorney licensed to practice law in California has filed a notice of appeal in a civil case on the client’s behalf. The attorney charges
an hourly rate for the appellate services. Shortly thereafter, the attorney receives a solicitation from a legal research and brief writing com-
pany to draft the appellant’s opening brief for a comparatively low hourly fee. The legal research and brief writing company is not located
in California, and employs both lawyers (none of whom are licensed to practice law in California) and nonlawyers. Company promises to
deliver a ready-to-file brief, to be signed by the California attorney. Company also promises to refund all fees paid to Company for the brief
if the appeal is unsuccessful.
The attorney decides to hire Company to write the brief but has not decided yet whether to pass the charge through to the client, or
to treat payment for the work as an internal cost.
Discussion case or any matter where the attorney has been appointed by the court. We conclude that such arrangements may be ethically permissi- In this opinion, we address two fundamental issues. First, is it ethi- ble, with some limitations depending on the specific terms and con- cally permissible for a California attorney, in a civil case, to hire an ditions of the arrangement, and provided that the attorney complies out-of-state legal research and brief writing company to conduct with several ethical requirements. Specifically, the Committee is of the legal research and/or draft legal briefs for the attorney’s use in con- opinion that the attorney may ethically enter into the arrangement nection with the attorney’s representation of the client? Second, if such arrangements are permissible, what must the attorney do to comply Citations in Los Angeles County Bar Association Ethics Opinions have been with the ethical issues presented by such arrangements? This opin- edited to conform to Los Angeles Lawyer style. The unedited original can be ion is not intended to apply to criminal cases, nor does it apply to any found online at www.lacba.org/ethicsopinions.
Los Angeles Lawyer November 2006 75 with Company provided that the attorney rectly share legal fees with a person who is not tled to know who or what entity is at all times retains and exercises indepen- a lawyer.” This rule is also inapplicable to the handling the client’s representation. dent professional judgment in connection facts presented in this inquiry, since the attor- However, whether use of an outside with the performance of the attorney’s legal ney has contracted for services, at an hourly lawyer constitutes a significant devel- services for the client. The attorney must sign rate, from Company. opment for purposes of Rule 3-500 and the brief and in so doing adopts the work and Business and Professions Code Section is ultimately responsible for the accuracy of Aiding and Abetting in the Unlawful 6068(m) depends on the circumstances the brief to both the court and to the client. Practice of Law of the particular case. Relevant factors, Depending on the facts and circumstances, the Business and Professions Code Section 6125, any of which may be sufficient to attorney may have a duty to disclose to the which is part of the State Bar Act, states that require disclosure, include the follow- client the nature and specifics of the contract “[n]o person shall practice law in California ing: (i) whether responsibility for over- with Company. The attorney is responsible for unless the person is an active member of the seeing the client’s matter is being determining, and for ensuring, that there is no State Bar.”3 Rule 1-120 states that “[a] mem- changed, (ii) whether the new attorney violation of client confidences or secrets, and ber shall not knowingly assist in, solicit, or will be performing a significant por- that there is no conflict of interest created for induce any violation of these rules [of tion or aspect of the work, or (iii) the client by the attorney’s contracting with Professional Conduct] or the State Bar Act.” whether staffing of the matter has been Company. Finally, any refund of costs paid by The practice of law includes giving legal advice changed from what was specifically Company to the attorney should be refunded and counsel and the preparation of legal represented to or agreed with the client. to the client if the client is charged for the cost instruments. (Farnham v. State Bar, 17 Cal. 3d (See L.A. Cty. Bar Assn. Formal Opn. of the service. 605, 612 (1976); Crawford v. State Bar, 54 No. 473.) The listed factors are not Cal. 2d 659, 667-68 (1960).) The Committee intended to be exhaustive, but are iden- Ethical Issues Involving Financial is of the opinion that attorneys who contract tified to provide guidance. Arrangements with Company for services which assist the attorneys in rep- The relationship with Company may be a Several rules address financial arrangements resentation of their clients do not assist in a “significant development” within the mean- among lawyers, and between members and violation of Business and Professions Code ing of both Rule 3-500 and Business and nonmembers of the State Bar of California. Section 6125, so long as the attorney remains Professions Code Section 6068, Subdivision California Rule of Professional Conduct ultimately responsible for the final work prod- (m), and, if a “significant development,” the [hereinafter “Rule” or “rule”] 1-310 states uct provided to or on behalf of the client.4 client must be informed of the specifics of the that a “member1 shall not form a partnership agreement between the attorney and Company.6 with a person who is not a lawyer if any of Duty to Inform the Client If possible, and where disclosure is required, dis- the activities of that partnership constitute the Both Rule 3-500 and Business and Professions closure of the nature and extent of the attor- practice of law.” A partnership generally Code Section 6068, Subdivision (m), require ney/Company relationship should be made in involves a joint ownership and can be evi- that an attorney keep the client reasonably the written retainer agreement. (COPRAC denced by firm name, declarations of coown- informed of significant developments relating Formal Opinion 2004-265.7 See also LACBA ership, or sharing of profits. (Crawford v. to the employment or the representation.5 Formal Opinion 473, which requires disclosure State Bar, 54 Cal. 2d 659, 667 (1960).) In this COPRAC Formal Opinion 2004-165 states to the client where the expectation of the client instance, the attorney has not formed a part- that a member of the State Bar of California is that the retained attorney alone will be act- nership with Company since the attorney who uses an outside contract lawyer to make ing as attorney for the client.) has merely purchased services at a specified appearances on behalf of the member’s client rate. Therefore, the restrictions contained in must disclose to the client the fact of the Duty of Competence and Duty to Rule 1-310 are inapplicable. arrangement between the member and the Exercise Independent Judgment Rule 2-200 prohibits the division of “a fee outside lawyer when the use of the outside An attorney has a duty to act competently in for legal services with a lawyer who is not a lawyer constitutes a significant development. any representation. Rule 3-110 (A)-(C). “If the partner of, associate of, or shareholder with the Whether use of an outside lawyer constitutes member does not have sufficient learning and member” unless the client has consented in a “significant development” is based upon the skill when the legal service is undertaken, the writing after full disclosure, and the total fee circumstances of each case. The opinion states member may nonetheless perform such ser- charged by all lawyers is not increased by rea- that if, at the outset of the engagement, the vices competently by 1) associating with or, son of the provision for division of the fees, and member anticipates using outside lawyers to where appropriate, professionally consulting is not unconscionable as defined in Rule 4-200. make appearances on the member’s behalf for another lawyer reasonably believed to be Rule 2-200 is inapplicable here because the client, that situation should be addressed competent, or 2) by acquiring sufficient learn- Company charges the attorney a specific in the written fee agreement which would ing and skill before performance is required.” amount for its service and the contract between also include specifying any costs of the appear- Rule 3-110 (C). Since the instant arrange- Company and the attorney does not involve the ance relationship that are billed to the client. ment does not involve associating with or division of a legal fee paid by the client.2 That COPRAC opinion quotes relevant lan- professionally consulting another lawyer, this The work being performed by Company is guage in COPRAC Formal Opinion 1994- arrangement cannot be the basis of the mem- indistinguishable from other types of services 138: ber’s competence in this representation. that an attorney might purchase, such as hourly Depending on the circumstances, Rule The discussion to Rule 3-110 states that paralegal assistance, research clerk assistance, 3-500 and Business and Professions compliance with that rule “include[s] the computer research, graphics illustrations, or Code Section 6068(m) will generally duty to supervise the work of subordinate other services. Thus, even if the attorney passes require the law office to inform the attorney and non-attorney agents.”8 the cost directly on to the Client, the arrange- client that an outside lawyer is involved Therefore, the attorney must review the brief ment does not violate Rule 2-200. in the client’s representation if the out- or other work provided by Company and Rule 1-320 provides that “[n]either a side lawyer’s involvement is a significant independently verify that it is accurate, rele- member nor a law firm shall directly or indi- development. In general, a client is enti- vant, and complete, and the attorney must
76 Los Angeles Lawyer November 2006 revise the brief, if necessary, before submitting on behalf of the client. Thus, the attorney (m), since the client has hired the attorney to it to the appellate court. should ensure that no contractual provision in prepare and submit the appellate brief. In addition to being competent, an attor- the agreement gives Company control over The Committee believes that the attor- ney must also exercise independent profes- the final work product produced for the client. ney must accurately disclose the basis upon sional judgment on behalf of the client at all which any cost is passed on to the client. If times. (Beck v. Wecht, 28 Cal. 4th 289, 295 Ethical Duties to the Court the cost of Company’s services is simply (2002) (fundamental duty of undivided loy- An attorney is responsible for all of the attor- passed through to the client, the client should alty cannot be diluted by a duty owed to ney’s submissions to the court. Any inaccura- be so informed. The client should also be some other person, which would be incon- cies in the materials submitted to the court informed of the possibility of a refund of the sistent with lawyer’s duty to exercise inde- could not only be a violation of Rule 3-110, but cost if offered by the Company. If the attor- pendent professional judgment); Dynamic also could be a violation of Rule 5-200(A) and ney marks up the cost of Company’s ser- Concepts Inc. v. Truck Insurance Exchange, (B),9 and a violation of Business and Profes- vices, the attorney must disclose the mark-up. 61 Cal. App. 4th 999, 1009 (1998) (imposi- sions Code Section 6068, Subdivision (d).10 (Rule 3-500, Bus. and Prof. Code §6068(m).) tion of restrictions by third party on attorney’s decisions may interfere with lawyer’s duty Charging the Cost to the Client Illegal or Unconscionable Fee to exercise independent professional judg- The attorney may elect simply to pay Rule 4-200 subdivision (A) states that “[a] ment); Crane v. State Bar, 30 Cal. 3d 117, 123 Company for the cost of the legal research or member shall not enter into an agreement for, (1981) (holding that “[a]n attorney is respon- brief without passing on any of the cost to the charge, or collect an illegal or unconscionable sible for the work product of his employees client. In such a case, the Committee believes fee.” Rule 4-200 explains that “[u]ncon- which is performed pursuant to his direction that the attorney could keep any refund that scionability of a fee shall be determined on the and authority”).) Therefore, in performing might be received from Company under any basis of all the facts and circumstances exist- services for the client, the attorney must otherwise ethical guarantee provision. ing at the time the agreement is entered into remain ultimately responsible for any work However, the attorney may also elect to: (a) except where the parties contemplate that product on behalf of the client and cannot del- pass the cost directly on to the client for pay- the fee will be affected by later events.” egate to Company any authority over legal ment, (b) mark up the cost and pass the Factors relevant to this inquiry in determin- strategy, questions of judgment, or the final marked up cost on to the client, or (c) charge ing the conscionability of a fee include, but content of any product delivered to the client the client a flat fee. These scenarios have dif- are not limited to: or filed with the court. ferent consequences. (1) The amount of the fee in proportion It follows that if a term of the agreement Sections of the California Business and to the value of the services performed.… between the attorney and Company dele- Professions Code address an attorney’s duty (10) The time and labor required. gates to Company a decision-making function to advise a client about costs. Section (11) The informed consent of the client that is nondelegable, then the attorney may 6147(a)(2) requires an attorney with a con- to the fee.11 be assisting Company in the unauthorized tingency fee agreement to disclose how dis- A fee which “shocks the conscience” is un- practice of law or violating the ethical duties bursements and costs incurred in connection conscionable. (Bushman v. State Bar, 11 Cal. of competence and obligation to exercise with the prosecution or settlement of the 3d 558, 564 (1974).) Charging a fee and not pro- independent professional judgment. An client will affect the contingency fee and the viding substantial services has been determined improper delegation might also affect the client’s recovery. Section 6148 addresses many to be grounds for discipline. (Jones v. State Bar, application of Rule 1-310 (prohibition against fee agreements not coming within the scope 49 Cal. 3d 273, 284 (1989).) Therefore, whether forming partnerships with nonlawyers), Rule of Section 6147 in which it is reasonably there is a violation of Rule 4-200 depends on the 1-320 (sharing of legal fees with a nonlawyer) foreseeable that total expense to a client, facts and circumstance of each specific situation and Rule 2-200 (division of legal fees). For including attorney fees, will exceed one thou- as determined at the time the fee agreement is example, if Company contractually required sand dollars. Under Section 6148(a)(1), the initiated. (Rule 4-200(A) and (B).) the attorney to accept and use any work attorney must disclose any basis of compen- The ethical issue presented here is whether product delivered “as is” and without change, sation, including standard rates, fees, and the attorney’s fee to the client could be deemed then the attorney might be improperly dele- charges applicable to the case. The attorney unconscionable because of the attorney’s gating the attorney’s fundamental obligation must also render bills that clearly identify reliance on the work of the Company. The to exercise independent professional judg- the costs and expenses incurred and the Committee believes that the amount paid by the ment on behalf of the client. In this case, amount of the costs and expenses. (See Bus. attorney for Company’s work is not determi- Company has promised a full refund of its fees and Prof. Code §6148(b).) native on the question of whether a fee is if the appeal is unsuccessful. If a condition of Whether or not there is a written fee agree- unconscionable. (Shaffer v. Superior Court, 33 that guarantee is that the attorney must accept ment between the attorney and the client, dis- Cal. App. 4th 993 (1995) (in legal malpractice and use the work product (for example, a closure of the arrangement with Company action, the amount of money paid to a contract legal brief) as written, or obtain Company’s may be required. See Rule 3-500 and Bus. and attorney by a law firm was found irrelevant to approval of any changes to the work product, Prof. Code §6068, Subdivision (m), which the question of whether law firm had charged then the attorney might be put into the posi- require that the client be kept reasonably client an unconscionable fee; nothing in Rule tion of having to elect between employing informed about significant developments relat- 4-200 suggests that the attorney’s profit mar- independent professional judgment on behalf ing to the representation and in regard to which gin is relevant to the issue. What is relevant to of the client and losing a contractual guar- the attorney has agreed to provide legal services. the issue of conscionability is the fee which anteed right which the attorney values. The Committee is of the opinion that if the the client paid to the law firm as measured by The Committee is of the view that provi- client pays both the attorney’s fees and costs of the factors listed in Rule 4-200.).) sions of a guarantee which have the possibil- the contract with Company, the contract is a ity of creating such a dilemma for the attorney “significant development” within the mean- Duty to Preserve Client Confidences and could be considered a violation of the duty to ing of both Rule 3-500 and Business and Secrets exercise independent professional judgment Professions Code Section 6068, Subdivision COPRAC Formal Opinion 2004-165 explains
Los Angeles Lawyer November 2006 77 employment or representation, including promptly the duty to preserve inviolate client confi- tionship with Company. complying with reasonable requests for information and dences and secrets: copies of significant documents when necessary to Rule 1-400 and Standard (1) Business and Professions Code section keep the client so informed.” Business and Professions 6068(e) states: “It is the duty of an Rule 1-400 is directed to disciplinary restric- Code §6068(m) states that it is the duty of an attorney attorney [t]o…maintain inviolate the tions on attorney advertising and solicita- “[t]o respond promptly to reasonable status inquiries confidence, and at every peril to him- tion.12 Standard (1) of the rule creates a of clients and to keep clients reasonably informed of significant developments in matters with regard to self or herself to preserve the secrets, of presumption of a violation of Rule 1-400 which the attorney has agreed to provide legal services.” his or her client.” The scope of the where a “communication” contains a guar- 6 In most instances, the filing of an appellate brief will protection of client confidential infor- antee or warranty regarding the result of the be a “significant development.” mation under Section 6068(e) has been representation.13 A “communication” within 7 The following language, found in COPRAC Formal liberally applied. (See People v. Singh, the meaning of Rule 1-400 is “[a]ny unso- Opinion 2004-165, is applicable to this inquiry: “The attorney bears the responsibility to be reasonably 123 Cal. App. 365, 11 P. 2d 73 (1932).) licited correspondence from a member [of aware of the client’s expectations regarding counsel The duty to preserve a client’s confi- the State Bar of California] or law firm working on client’s matter because the responsibility dential information is broader than the directed to any person or entity.” (Rule 1- can be readily discharged by the attorney through a protection afforded by the lawyer-client 400 (A)(4).) Company offers to refund to the standard written retainer agreement or disclosure privilege. Confidential information for attorney all its charges if the appeal is not before or during the course of the representation.” Compare Cal. State Bar Formal Opn. No. 1994-138 at purpose of Section 6068(e) includes successful. Since the representation of a con- fn.8: “It would be prudent for the law firm to include any information gained in the engage- tingent refund is made by Company to the the disclosure to the client in the attorney’s initial ment which the client does not want attorney, it is not a “communication” within retainer letter or make that disclosure as soon thereafter disclosed or the disclosure of which is the meaning of rule 1-400 (A)(4) as defined as the decision to hire is made.” If Lawyer charges [con- likely to be embarrassing or detrimen- above since Company is not a member of the tract lawyer’s] fees and costs to the client as a dis- tal to the client. (Cal. State Bar Formal State Bar of California, nor is Company a bursement, Business and Professions Code Sections 6147 and 6148 require Lawyer to state the client’s 14 Opn. No. 1993-133.) The duty has law firm. However, the attorney must con- obligations for those charges in the written fee agree- been applied even when the facts are sider the unconscionability of accepting any ment, if contemplated at the time of the initial fee already part of the public record or refund from Company which is not paid agreement, to the same extent as other costs charged where there are other sources of infor- over to the client. (See discussion of rule 4- to the client.” 8 mation. (See L.A. Cty. Bar Assn. Formal 200, supra.) Rule 1-100(C) states with respect to the purpose of “Discussions” to the rules: “Because it is a practical Opn. Nos. 267 & 386.) This opinion is advisory only. The com- impossibility to convey in black letter form all of the Confidential information can be disclosed mittee acts on specific questions submitted ex nuances of the disciplinary rules, the comments con- to outside contractors so long as the outside parte, and its opinion is based on the facts set tained in the Discussions of the rules, while they do not contractors agree to keep the client confi- forth in the inquiry submitted. ■ add independent basis for imposing discipline, are dences and secrets inviolate. (See LACBA intended to provide guidance for interpreting the rules and practicing in compliance with them.” Formal Opinions 374, 423 (use of centralized 1 A “member” for purposes of the California Rules of 9 Rule 5-200(A) and (B) state: “In presenting a matter Professional Conduct “means a member of the State Bar computer billing requires compliance with to a tribunal, a member: of California.” Rule 1-100 (B)(2). Business and Professions Code Section 6068, (A) Shall employ, for the purposes of main- 2 Several ethics opinions discuss when a payment con- Subdivision (e)).) It is incumbent upon the taining the causes confided to the member stitutes a division of a fee. See, e.g., LACBA Formal such means only as are consistent with truth; attorney to ensure that client confidences and Opinion 457 (discussing fee arrangements with non- (B) Shall not seek to mislead the judge, judicial secrets are protected, both by the attorney and lawyers) and State Bar of California Standing officer, or jury by an artifice or false state- Committee on Professional Responsibility and Conduct by Company, throughout and subsequent to ment of fact or law.” (COPRAC) Formal Opinion 1994-138. COPRAC the attorney’s contract relationship with 10 Business and Professions Code §6068(d) states that Formal Opinion 1994-138 concluded that the criteria Company. (Rule 3-310, Discussion; LACBA it is the duty of an attorney “[t]o employ, for main- to determine whether there is a division of fees is taining the causes confided to him or her those means Formal Opinion 374.) whether: 1) the amount paid to the outside lawyer is only as are consistent with truth, and never to seek to compensation for the work performed and is paid mislead the judge or any judicial officer by an artifice Conflicts of Interest whether or not the law office is paid by the client, 2) or false statement of fact or law.” the amount paid by the attorney to the outside lawyer Company may be working on other matters 11 See Rule 4-200(B) for the entire list of 11 “factors is neither negotiated nor based on fees which have which conflict with and are potentially or to be considered, where appropriate, in determining the been paid to the attorney by the client, and 3) the out- conscionability of a fee.…” actually adverse to the attorney’s client. Rule side lawyer has no expectation of receiving a percent- 12 “The Rules of Professional Conduct are intended to 3-110, subdivision (A), imposes upon an age fee. If all three criteria are met, there is no division establish the standards for members for purposes of dis- of fees. See also Chambers v. Kay, 29 Cal. 4th 142, 154 attorney a duty to supervise the work of cipline.” (Rule 1-100, Discussion.) (2002). legal assistants, which includes the duty to 13 Standard (1) of Rule 1-400, for which there is a pre- 3 It a misdemeanor to hold oneself out as practicing or “‘give such assistants appropriate instruc- sumption of impropriety in violation of that rule, entitled to practice law or otherwise practicing law tion and supervision concerning the ethical “Advertising and Solicitation,” states: “[a] ‘commu- when not an active member of the State Bar of nication’ which contains guarantees, warranties, or aspects of their employment.…’” (Hu v. California. BUS. & PROF. CODE §6126. predictions regarding the result of the representation.” Fang, 104 Cal. App. 4th 61, 64 (2002) (quot- 4 Attorneys continually contract for assistance in legal 14 Were Company a “law firm,” then the Standard research, preparation of documents, and expertise, be ing ABA Model Rules Prof. Conduct, Rule would apply if the communication respecting the it from lawyers or nonlawyers, in furtherance of the rep- 5.3, com.) Therefore, the attorney should sat- refund was deemed to be a guarantee or warranty resentation of the client. It is the opinion of the isfy himself that no conflicts exist that would regarding the result of the representation. However, that Committee that where an attorney contracts for these would be a concern of Company, and not the attorney preclude the representation. See, e.g., Rule types of services, it does not involve the unlawful prac- to whom the communication was made unless the 3-310. The attorney must also recognize tice of law. The same would apply under this inquiry. attorney was also to communicate the same represen- 5 The language of Rule 3-500 and the language of that he or she could be held responsible for tation to the client. It is assumed that is not the case Business and Professions Code §6068(m) are slightly any conflict of interest that may be created under the facts of this inquiry. Since the focus of this different. However, the disclosure requirements to the by the hiring of Company and which could opinion is solely upon the ethical obligations of the client under both provisions are the same. Rule 3-500 attorney, the application of the Standard to Company arise from relationships that Company devel- states: “[a] member shall keep a client reasonably is not addressed. ops with others during the attorney’s rela- informed about significant developments relating to the
78 Los Angeles Lawyer November 2006 Index to Advertisers
Accident Reconstruction Specialists, p. 44 G. Govine Consulting, p. 52 Roosevelt Lofts, LLC, p. 15 Tel. 562-743-7230 www.FieldAndTestEngineering.com Tel. 626-564-0502 www.govineconsults.com Tel. 877-88R-SVLT www.rsvlt.com
Air, Weather & Sea Conditions, Inc., p. 55 Gursey, Schneider & Company, p. 49 Rosen & Associates, PC, p. 59 Tel. 818-645-8632 www.weatherman.org Tel. 310-552-0960 www.gursey.com Tel. 213-362-1000 www.rosen-law.com
AMFS, Inc. (American Medical Forensic Specialists, Inc.), p. 64 Hargis & Associates, Inc., p. 51 R. S. Ruggles & Co., Inc., p. 38 Tel. 800-275-8903 www.amfs.com Tel. 800-554-2744 www.hargis.com Tel. 800-526-0863 www.rsruggles.com
The Andela Consulting Group, Inc., p. 56 Higgins, Marcus & Lovett, Inc., p. 47 Jonathan S. Rutchik, MD, p. 61 Tel. 818-380-3102 Tel. 213-617-7775 www.hmlinc.com Tel. 415-381-3133 www.neoma.com
Aon Direct Administrators/LACBA Prof. Liability, Inside Front Cvr The Holmes Law Firm, p. 8 Sanli Pastore & Hill, Inc., p. 44 Tel. 800-634-9177 www.attorneys-advantage.com Tel. 626-432-7222 www.theholmeslawfirm.com Tel. 310-571-3400 www.sphvalue.com
A R Tech Forensic Experts, Inc., p. 46 G. L. Howard CPA, p. 6 Steven R. Sauer APC, p. 31 Tel. 818-344-2700 e-mail: [email protected] Tel. 562-431-9844 e-mail: [email protected] Tel. 323-933-6833 e-mail: [email protected]
Ashley Mediation Centers, p. 38 Jack Trimarco & Associates Polygraph, Inc., p. 31 Stephen Sears, CPA-Attorney at Law, p. 25 Tel. 949-852-0550 www.socalmediator.com Tel. 310-247-2637 www.jacktrimarco.com www.searsatty.com
Assessco, Inc., p. 17 Jeffrey Kichaven, p. 6 Anita Rae Shapiro, p. 73 Tel. 866-456-1125 [email protected] Tel. 213-996-8465 www.jeffkichaven.com Tel. 714-529-0415 www.adr-shapiro.com
Ballenger, Cleveland & Issa LLC, p. 63 KARS Advanced Materials, Inc., p. 72 Speaker Series at the Music Center, p. 26 Tel. 310-873-1717 Tel. 714-892-8987 www.karslab.com Tel. 213-972-0700
Lee Jay Berman, p. 25 Law Offices of Rock O. Kendall, p. 24 Stefanie Stolinsky, PhD., p. 67 Tel. 213-383-0438 www.leejayberman.com Tel. 949-365-5844 www.dmv-law.com Tel. 310-788-3436 www.act-it-out.com
Bruce Broukhim, MD, p. 72 Kroll, p. 63 Stonefield Josephson, Inc., p. 11 Tel. 818-755-6500 Tel. 213-443-6090 www.krollworldwide.com Tel. 866-225-4511 www.sjaccounting.com
Dr. Kenneth H. Brown, Chemical Expert Witness, p. 47 Krycler, Ervin, Taubman & Walheim, p. 59 Jeff Sugar, M.D., p. 56 Tel. 866-243-6397 e-mail: [email protected] Tel. 818-995-1040 www.ketw.com Tel. 310-322-6933 e-mail: [email protected]
Cbeyond, p. 19 Lawrence H. Jacobson, Esq., p. 51 Sylvester Consulting Group, p. 59 Tel. 866-424-9649 www.cbeyond.net/legal Tel. 310-271-0747 www.lawrencejacobson.com Tel. 310-0391-2080 e-mail: [email protected]
Cohen Miskei & Mowrey, p. 53 Lawyers’ Mutual Insurance Co., p. 7 TASA, Technical Advisory Service for Attorneys, p. 35, 64 Tel. 818-986-5070 e-mail: [email protected] Tel. 800-252-2045 www.lawyersmutual.com Tel. 800-523-2319 www.tasanet.com
Coldwell Banker, p. 37 Law Offices of Boyd S. Lemon, p. 54 Tarzana Treatment Centers, p. 37 Tel. 310-442-1398 www.mickeykessler.com Tel. 310-827-0840 www.legalmalexpert.com Tel. 800-996-1051 www.tarzanatc.org
Commerce Escrow Company, p. 39 Lexis Publishing, p. 1, 13 Thomas Neches & Company, p. 45 Tel. 213-484-0855 www.comescrow.com www.lexis.com Tel. 213-624-8150 www.thomasneches.com
Law Office of Robert D. Coviello, p. 25 MCLE4LAWYERS.COM, p. 31 Toshiba/Copyfax Communication, p. 6 Tel. 310-277-7709 www.coviello-law.com Tel. 310-552-5382 www.MCLEforlawyers.com Tel. 714-892-2444 www.copyfax.net
D. Wylie Associates, p. 47 Metrocities Mortgage Inc., p. 8 UngerLaw, P.C., p. 18 Tel. 805-681-9289 www.drivingfatigue.com Tel. 800-464-2484 www.metrociti.com Tel. 310-772-7700 www.ungerlaw.com
DataChasers.com, p. 46 Clinton E. Miller, JD, p. 53 United States Postal Service, p. 5 Tel. 951-780-7892 www.datachasers.com Tel. 408-279-1034 www.millerjd.qpg.com Tel. 800-ASK-USPS www.usps.com
Dale A. Eleniak, p. 51 Lawrence R. Moss, MD, p. 57 URS, p. 49 Tel. 310-374-4662 Tel. 310-838-6306 e-mail: [email protected] Tel. 213-996-2555 www.urscorp.com
E. L. Evans & Associates, p. 54 Mr. Truck, p. 44 Vision Sciences Research Corporation, p. 72 Tel. 310-559-4005 Tel. 925-625-4994 or 800-337-4994 e-mail: [email protected] Tel. 925-837-2083 www.contrastsensitivity.net
Esthetic Dentistry, p. 4 M. Nair, M.D. and Associates, p. 53 Temmy Walker, Inc., p. 73 Tel. 213-553-4535 www.estheticdentistry.net Tel. 562-493-2218 www.psychiatryforensic.com Tel. 818-760-3355
Forensic Expert Witness Association, p. 52 National Properties Group, p. 63 Law Offices of Alan D. Wallace, p. 74 Tel. 949-640-9903 www.forensic.org Tel. 310-516-0022 Tel. 818-501-0133 www.expertwitnessre.com
ForensisGroup Inc., p. 41 Noriega Clinics, p. 82 Waronzof Associates, p. 41 Tel. 626-795-5000 www.forensisgroup.com Tel. 323-728-8268 Tel. 310-954-8060 www.waronzof.com
Samuel K. Freshman, p. 73 Pacific Construction Consultants, Inc. (PCCI), p. 55 West Group, Back Cover Tel. 310-410-2300 e-mail: [email protected] Tel. 916-638-4848 www.pcci.biz Tel. 800-762-5272 www.westgroup.com
Marc J. Friedman, M.D., p. 67 Pacific Health & Safety Consulting, Inc., p. 61 White, Zuckerman, Warsavsky, Luna, Wolf & Hunt, p. 43 Tel. 818-901-6600 e-mail: [email protected] Tel. 949-253-4065 www.phsc-web.com Tel. 818-981-4226 www.wzwlw.com
FTI Consulting, p. 9 Paulson Reporting & Litigation Service, Inside Back Cvr Lesther Winkler, M.D., p. 74 www.fticonsulting.com Tel. 800-300-1214 www.paulsonreporting.com Tel. 818-349-8568
FULCRUM Financial Inquiry LLP, p. 2 Quo Jure Corporation, p. 39 Witkin & Eisinger, LLC, p. 38 Tel. 213-787-4100 www.fulcruminquiry.com Tel. 800-843-0660 www.quojure.com Tel. 310-670-1500
Arnold L. Gilberg, MD, PhD., A Professional Corporation, p. 63 Rimkus Consulting Group, Inc., p. 57 Lewis Yablonsky, PhD., p. 67 Tel. 310-274-2304 Tel 714-954-1912 www.rimkus.com Tel. 310-450-3697 e-mail: [email protected]
Steven L. Gleitman, Esq., p. 4 Ringler Associates, p. 24 Zivetz, Schwartz & Saltsman, p. 41 Tel. 310-553-5080 Tel. 888-734-3910 www.ringlerassociates.com Tel. 310-826-1040 www.zsscpa.com
Los Angeles Lawyer November 2006 79 HE LOS ANGELES COUNTY BAR FOUNDATION’S required in connection with its annual audit, the Foundation 2005-2006 fund drive raised approximately $339,000 from hereby lists all individuals who made contributions of $200 or corporations, foundations, individuals, law firms and oth- more, and all law firms, corporations, foundations and other T organizations that contributed $1,000 or more during the period ers. Direct contributions from law firms totaled $112,795; indi- viduals contributed $117,943; and corporations, foundations and beginning July 1, 2005, and ending June 30, 2006. If you are not others contributed $17,500. In addition to these direct contribu- listed below, and you made a contribution to the Foundation fit- tions, approximately $91,000 was contributed to the Foundation ting any of the above criteria, please contact the Foundation’s by individuals, corporations and law firms by means of the independent certified public accountants, Green, Hasson & Association’s annual dues statement voluntary contribution. 2005-2006 Janks LLP, by calling Tom Barry directly at (310) 873-1647. Fund Drive The Foundation regrets that space limitations prevent the list- The Foundation wishes to express sincere thanks to all who con- Results tributed during the 2005-2006 campaign. As part of the procedures ing of the names of all contributors.
INDIVIDUAL Mark Garscia $6,000-$8,999 Rutter, Hobbs & Davidoff Inc. GLEN B. COLLYER, by CONTRIBUTIONS Richard B. Goetz Morrison & Foerster Sedgwick, Detert, Moran & Bruce R. Lederman Jo-Ann W. Grace Foundation Arnold LLP $10,000 or more Noah Graff Stephan, Oringher, Richman, CHIEF JUSTICE RONALD Thomas V. Girardi Sarah Heck Griffin $5,000-$5,999 Theodora & Miller APC GEORGE, by Ruth J. Lavine Amos E. Hartston Akin, Gump, Strauss, Hauer & Stroock & Stroock & Lavan LLP Shirley & Ralph Shapiro John E. Hatherley Feld LLP Tucker Ellis & West LLP $3,500-$9,999 Rose A. Hickman Kaye Scholer LLP MARGARET LEVY, by Shirley & Ralph Shapiro Princeton H. Kim Munger, Tolles & Olson LLP OTHER CONTRIBUTIONS Miriam Reisman James H. Kindel, Jr. O’Melveny & Myers LLP $2,000-$3,499 Linda M. Lawson Paul, Hastings, Janofsky & $10,000 and above LAWRENCE F. LIEBENBAUM, by Joseph W. Austin James D. Layden Walker LLP American Corporate Counsel Thomas J. Leanse Glen B. Collyer Bruce R. Lederman Association—Southern Margaret Levy Larry & Bobbie Liebenbaum $3,000-$4,999 California Chapter JOHN MANLEY, by Kathleen M. McDowell Wilbur F. Littlefield Alschuler Grossman Stein & Neda Ganjeh-Tabe Robin Meadow Hon. Nora M. Manella Kahan LLP $5,000-$9,999 Gregg A. Martin Irell & Manella LLP Los Angeles County Bar The Foundation would also like $1,000-$1,999 Charles E. Michaels Kirkland & Ellis LLP Association Barristers to give special recognition to the Don Mike Anthony Theodore N. Miller Manatt, Phelps & Phillips LLP following individuals whose Charles G. Bakaly, Jr. Audra M. Mori McKenna, Long & Aldridge LLP $1,000-$4,999 participation in various pledge Michael I. Blaylock Gretchen M. Nelson Morgan, Lewis & Bockius LLP Los Angeles County Bar programs (as of 6/30/06) reflects John S. Chang Commr. Steff Padilla Reed Smith LLP Association Business a firm commitment to the Walter Cochran-Bond Patricia D. Phillips Sidley Austin LLP and Corporations Law Section Foundation’s goals: John J. Collins Marc L. Sallus Skadden, Arps, Slate, Meagher Sempra Energy Knox M. Cologne III Alice A. Salvo & Flom LLP IN MEMORY OF... HONOR ROLL Brian K. Condon Laura A. Seigle Raphael & Joan Cotkin Marc M. Seltzer $2,000-$2,999 JOSEPH A. BALL, by Participants have contributed, Albert F. Davis Jeffrey C. Soza Allen, Matkins, Leck, Gamble & Thomas J. Leanse or pledged to contribute, the Katessa Charles Davis Alan K. Steinbrecher Mallory LLP Wilbur F. Littlefield amounts shown for each Stephen R. English & Molly Susan Koehler Sullivan Arnold & Porter LLP Douglas Wilson Otto category in annual minimum Munger William E. Thomson Bird, Marella, Boxer, Wolpert, installments of at least $1,000. Gregory Evans Kenneth P. White Nessim, Drooks & CHARLES R. ENGLISH, by (List includes participants as of Richard E. Hodge Suzanne V. Wilson Lincenberg APC Roy H. Aaron 6/30/06.) Leonard Horwin Howrey LLP William J. Bogaard Robert K. Johnson $200-$499 Jaffe & Clemens Hon. Norman L. Epstein Founder ($50,000 or more) James C. Martin Roy H. Aaron Jones Day Wilbur F. Littlefield Hyman J. Bradofsky Edith R. Matthai Daniel S. Bishop Law Offices of Cindy J. Macho LeAnne E. Maillian Thomas V. Girardi John J. Quinn William J. Bogaard Perkins Coie LLP Judge & Mrs. Harvey A. Hutto Patterson Charitable Mitchell C. Regenstreif Michael K. Brown White & Case LLP Schneider Foundation Wayne Simon Alan B. Clark John D. Taylor J.W. & Ida M. Jameson Jill Switzer Patricia Egan Daehnke $1,000-$1,999 Foundation Rhonda R. Trotter Laurence R. Goldman Baker & Hostetler LLP LISA FRANCINE ROWAN, by Hon. Richard A. & Ruth J. Eric A. Webber & Gerard C. Feris M. Greenberger Bonne Bridges, Mueller, Larry & Bobbie Liebenbaum Lavine Kraaijeveld Christine P. Hayashi O’Keefe & Nichols APC Donald C. Mitchell Martin H. Webster Andres C. Hurwitz Brown Raysman Millstein CLARA G. STEVENSON, by Ralph J. Shapiro Daniel J. Woods Howard M. Knee Felder & Steiner LLP Karen L. Stevenson Hon. Paul Wyler Nancy Knupfer Chadbourne & Parke LLP Benefactor ($25,000 - $49,999) Donna J. Zenor Marcia L. Kraft Cotkin, Collins & Ginsburg APC JOSEPH TABACK, by Roy H. Aaron Jennifer A. Landau Epstein, Becker & Green Laurence R. Goldman Jules & Doris Stein Foundation $500-$999 Thomas J. Leanse Fulbright & Jaworski LLP Lloyd & Susan Stockel Linda Auerbach Allderdice Bernard E. & Joan M. LeSage Greines, Martin, Stein & VINCENT M. TOWNSEND, JR.,by Paula Ambrosini Michael S. Lurey Richland LLP Wilbur F. Littlefield Patron ($15,000 - $24,999) Donald P. Baker LeAnne E. Maillian Hahn & Hahn LLP Ralph B. Perry III Don Mike Anthony Teresa A. Beaudet Jennifer F. Novak Haight, Brown & Bonesteel LLP Joseph R. Austin Mollie F. Benedict Jeffrey P. Palmer Heller Ehrman LLP PEARL WITT, by William J. Bogaard Ivy Kagan Bierman Ralph B. Perry III Hochman, Salkin, Rettig, Nancy Knupfer Robert E. Carlson Jamie Broder Thomas D. Phelps Toscher & Perez P.C. Richard Chernick Thomas M. Brown James G. Phillipp Horvitz & Levy LLP IN HONOR OF... Knox M. Cologne III Carolyn C. Burger Michael & Lara Schwartz Hughes, Hubbard & Reed LLP Stephen R. English & Molly Robert E. Carlson Margaret P. Stevens Kaufman, Young, Spiegel, ROY H. AARON, by Munger Paul S. Chan Linda M. Stude Robinson & Kenerson LLP Hon. Kenji Machida Stanley F. Farrar Tyrone R. Childress Michael A. Tomasulo Lewis, Brisbois, Bisgaard & Robert K. Johnson Jordan S. Cohen Robert S. Warren Smith LLP DONALD P. BAKER, by Robin Meadow Hon. Lawrence W. Crispo Liner, Yankelevitz, Sunshine & Alan B. Clark Gavin Miller Andrew J. Demetriou LAW FIRM Regenstreif LLP In Honor of David Pascale Robert W. Dickerson CONTRIBUTIONS Meserve, Mumper & JOHN H. BRINSLEY, by John J. Quinn Gregg A. Farley Hughes LLP Margaret Levy In Honor of Richard Walch Stuart A. Forsyth $9,000 and above Pillsbury Winthrop Shaw Howard M. Privette Robert S. Warren Richard E. Garcia Latham & Watkins LLP Pittman LLP Shirley & Ralph Shapiro Proskauer Rose LLP
80 Los Angeles Lawyer November 2006 Sponsor ($10,000-$14,999) Martin H. Webster Jennifer A. Bensch Sheryl E. Stein annually to the Foundation. Joseph W. Aidlin Hon. Robert Weil Ivy Kagan Bierman Alan K. Steinbrecher Those with asterisks have John Carson John S. Welch Michael I. Blaylock David W. Steuber previously completed pledges Gerald L. Chaleff Francis M. Wheat Merrick J. Bobb Clinton R. Stevenson at the Barristers Fellow*, Life John J. Collins In Memory of Arnold V. Phillip L. Bosl Linda M. Stude Fellow** or Honor Roll*** level Charles R. English Winthrop Theodore J. Boutrous, Jr. Susan Koehler Sullivan and have chosen to continue Richard E. Garcia Hon. Paul Wyler Jamie Broder Jill Switzer supporting the Foundation with Harry L. Hathaway Thomas M. Brown Hon. Robert M. Talcott an annual gift. (List includes Richard E. Hodge PRESIDENTS CLUB Geoffrey L. Bryan William E. Thomson participants as of 6/30/06.) Patrick M. Kelly Former Bar Association or Bar Carolyn C. Burger Eugene L. Trope Joel W. H. Kleinberg Foundation presidents who have Paul A. Catalano Rhonda R. Trotter John W. Alden, Jr. Margaret Levy contributed or pledged to con- Paul S. Chan Susan J. Troy Don Mike Anthony*** Neal S. Millard tribute a minimum of $5,000 to Tyrone R. Childress David C. Tseng Hon. Helen I. Bendix Covert E. Parnell III the Foundation. (List includes Arlene Colman-Schwimmer Patric M. Verrone Michael H. Bierman Joseph Taback participants as of 6/30/06.) Brian K. Condon Caroline C. Vincent George F. Bird, Jr. David H. Vena Roy H. Aaron Hon. Lawrence W. Crispo Richard S. Volpert Maxwell M. Blecher Hon. Charles S. Vogel Don Mike Anthony Hon. H. Walter Croskey Richard Walch Brad D. Brian Daniel J. Woods Joseph R. Austin Patricia Egan Daehnke Kenneth P. White Lester O. Brown Donna J. Zenor Donald P. Baker Grace M. Danziger Karen B. Wong & Scott W. Lee William Clark Brown Robert E. Carlson Albert F. Davis Kenneth B. Wright Elizabeth M. Calciano* Friend ($5,000-$9,999) John Carson Robert W. Dickerson Rosalyn S. Zakheim John L. Carlton Steven W. Bacon Gerald Chaleff Pamela Dunn & Maria Louise Alan B. Clark Charles G. Bakaly, Jr. Richard Chernick Cousineau 2005-06 FELLOWS Hon. H. Walter Croskey** Donald P. Baker John J. Collins Gregory Evans Individuals who contributed a Brian L. Davidoff Teresa A. Beaudet Glen B. Collyer Jonathan W. Evans minimum of $500 between David S. Eisen Patricia H. Benson Knox M. Cologne III Laura V. Farber 7/1/05-6/30/06 and are not Jeffrey W. Erdman John S. Chang Donald A. Daucher Gregg A. Farley Barristers Fellows, Life Fellows Jack I. Esensten Walter Cochran-Bond Hon. Lee Smalley Edmon Hon. Macklin Fleming or Honor Roll participants. Michele E. Flurer* Paul F. & Isabel R. Cohen Charles R. English Stuart A. Forsyth Jordan S. Cohen Thomas A. Freiberg, Jr. Glen B. Collyer Stephen R. English Georgia Franklin-Shutan Raphael & Joan Cotkin Robert S. Gerstein Joe D. Crider Larry R. Feldman Jeffrey C. Freedman John E. Hatherley Mark T. Gillett* Donald A. Daucher David E. Gordon James J. Gallagher Bruce R. Lederman Philip G. Grant Katessa Charles Davis Hon. William P. Gray Russell T. Ginise Gregg A. Martin Ethan P. Greene Andrew J. Demetriou Sarah Heck Griffin Richard B. Goetz Gretchen M. Nelson Jean A. Hobart Lee Edmon & Dick Burdge Harry L. Hathaway Jo-Ann W. Grace Eric A. Webber & Gerard C. Denise Howell Larry R. Feldman Rex S. Heinke Noah Graff Kraaijeveld Brian D. Huben Mark Garscia John D. Hussey Jan Charles Gray Suzanne V. Wilson Shirley M. Hufstedler Albert S. Golbert Joan R. Isaacs Alan N. Halkett Joan R. Isaacs*** David E. Gordon & Mary D. Leonard S. Janofsky Amos E. Hartston BARRISTERS FELLOWS Lois M. Jacobs Lane Vincent W. Jones Hon. Rex Heeseman A Barristers Fellow has contrib- Samantha Phillips Jessner Hon. William P. Gray Patrick M. Kelly Grover R. Heyler uted, or pledged to contribute Ronald L. Johnston Sarah Heck Griffin Ruth J. Lavine Leonard Horwin over a five-year period, $500 to Henry J. Josefsberg Rex S. Heinke Fred L. Leydorf Bernard S. Kamine the Foundation. Barristers are Ruth D. Kahn* Hon. William P. Hogoboom Lawrence F. Liebenbaum Kelly W. Kay individuals who are 36 years of Terri D. Keville Maria D. Hummer Edith R. Matthai Russel I. Kully age or less or who have been in Marcia L. Kraft John D. Hussey Robin Meadow Linda M. Lawson practice 10 years or less. (List Miriam A. Krinsky Joan R. Isaacs Neal S. Millard James D. Layden includes participants as of Robert N. Kwan Leonard S. Janofsky Gavin Miller Roderick W. Leonard 6/30/06.) Edward A. Landry Vincent W. Jones Hon. Margaret M. Morrow Michael S. Lurey Thomas J. Leanse Martha B. Jordan LeAnne E. Maillian Randee Barak Andrea B. Liebenbaum John F. O’Hara Sandeep Baweja James H. Kindel, Jr. Andrea Sheridan Ordin Hon. Nora M. Manella Larry & Bobbie Liebenbaum*** Sandra R. King Vicki E. Marmorstein & Seth A. Gabrielle Harner Brumbach Tomas R. Lopez David J. Pasternak Shawn C. Chou Richard G. LaPorte Patricia D. Phillips Ribner LeAnne E. Maillian** Bernard E. & Joan M. LeSage Kathleen M. McDowell Luci-Ellen M. Chun Elaine Mandel John J. Quinn Susan Skelding Couig Larry & Bobbie Liebenbaum Sheldon H. Sloan Michael E. Meyer Linda Wight Mazur James C. Martin Charles E. Michaels Rebecca A. Delfino Frederick L. McKnight Susan R. Stockel Joseph T. Hahn Edith R. Matthai John D. Taylor Audra Mori Danette E. Meyers Malissa Hathaway McKeith Richard T. Morrow Rose A. Hickman Ralph B. Perry Hon. Charles S. Vogel Andres C. Hurwitz Theodore N. Miller Robert S. Warren Richard H. Nakamura, Jr. John J. Quinn*** Hon. Anthony J. Mohr Mark A. Neubauer Cheryl Johnson-Hartwell Jerrold B. Reilly Martin H. Webster Nancy A. Kaiser Hon. Margaret M. Morrow John S. Welch Robert H. Nida Toby J. Rothschild Hon. Margaret A. Nagle Andrew J. Nocas Princeton H. Kim Melanie Hanson Sartoris Francis M. Wheat Seth D. Levy John F. O’Hara Donna J. Zenor Stacey Olliff & Tracy Rich Peter Schnaitman Ronald L. Olson Commr. Steff Padilla Cindy J. Macho Michael & Lara Schwartz* Andrea Sheridan Ordin Lee R. Petillon Ritu Manjunath Barry E. Shanley LIFE FELLOWS Jennifer F. Novak Ellen A. Pansky A Life Fellow has contributed, or Karen Randall Arthur F. Silbergeld David J. & Cynthia F. Pasternak Barbara A. Reeves Angela J. Reddock Linda M. Stude** pledged to contribute, $2,500 to Andrea Schoor Aulana L. Peters the Foundation. Annual install- Dennis D. Resh Paul D. Supnik Thomas D. Phelps Hon. Andria K. Richey Michelle Inouye Schultz Michael A. Tomasulo ments must be at least $500. Lorin D. Snyder Patricia D. Phillips (List includes participants as of David K. Robinson Patricia A. Van Dyke Mitchell C. Regenstreif Deborah J. Ruosch Margaret P. Stevens John D. Vandevelde 6/30/06 who have made a contri- Courtney L. Stuart-Alban Kenneth O. Rhodes bution within the last 10 years.) Harvey I. Saferstein Caroline C. Vincent** Douglas Ring Nicholas P. Saggese Paul D. Tripodi II Richard Walch** Reade H. Ryan, Jr. James N. Adler Marc L. Sallus Kim Tung Earl P. Willens Harvey L. Silbert Linda Auerbach Allderdice Alice A. Salvo Gavin Hachiya Wasserman Roxanne M. Wilson Wayne Simon Paula Ambrosini Laura A. Seigle Kathleen MacFarlane Waters Rosalyn S. Zakheim** Sheldon H. Sloan Hon. Orville A. Armstrong Marc M. Seltzer Michael C. Zellers Linda J. Smith Jane H. Barrett Patricia L. Shanks SUPPORTING MEMBERS John D. Taylor Lori R. Behar Jeffrey C. Soza Individuals who have pledged to William W. Vaughn Mollie F. Benedict John R. Stahr contribute a minimum of $100
Fundraising for the current fiscal year (7/1/2006-6/30/2007) is now underway. The Foundation makes grants to law-related projects serving Los Angeles County. Visit the LACBF Web page at www.lacba.org/foundation to learn more about the Foundation and to see a list of its 2006 grant recipients. You may also contact the Foundation’s administrator, Linda Stude, at (213) 896-6409 or e-mail her at [email protected]. To lend your support, send a tax-deductible contribution to: Los Angeles County Bar Foundation, P.O. Box 55020, Los Angeles, CA 90055.
Los Angeles Lawyer November 2006 81 Classifieds
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82 Los Angeles Lawyer November 2006 CLE Preview
Go Paperless INTEGRATION OF ON TUESDAY, NOVEMBER 7, the Los Angeles County Bar Association will host a LEGAL TECHNOLOGIES program led by Michael Glick and Alexander H. Lubarsky concerning how a small On Tuesday, December 5, the Los Angeles or solo law office can go paperless to run more efficiently and profitably. Is there County Bar Association and the Litigation really a better way? How can technology make the volume of paper manageable? Section will host a program for litigators The speakers will lead a discussion of the techniques for adopting and utilizing who are using or are considering using new discovery systems to help one’s law practice become more efficient. Participants will explore how technology can help small firms increase automated litigation support tools to efficiency, increase profits, and be able to manage big-document cases in manage documents and transcripts. Further competition with larger firms. The program will take place at the LACBA attention will be directed to case calendar Conference Center, 281 South Figueroa Street, Downtown. Reduced parking is and case pleading management. The available with validation for $9. On-site registration and the meal will begin at 5 presenters, Russell Jackman and Alexander P.M., with the program continuing from 5:30 to 9:15. The registration code number is 009431. The prices below include the meal. H. Lubarsky, will compare and demonstrate $55—CLE+PLUS members the basic features of the leading litigation $85—Family Law, Immigration, IPELS, Small and Solo, and Social Security support tools: Introspect by Steelpoint Section members Technologies, Summation by Summation $100—LACBA members Legal Technologies, Concordance by $125-all others 3.5 CLE hours Dataflight Software, and CaseMap/TimeMap by CaseSoft, Inc. Presentations, reviews, and promotional Power Point for Litigators discounts will be offered. This program is a ON TUESDAY, NOVEMBER 14, the Los Angeles County Bar Association will host a must for everyone from the solo litigator to presentation by Russell Jackman on using Power Point in the courtroom. This lecture the large firm litigation support manager will teach attorneys how to get the most out of Power Point by showing how it can be used to organize a case visually. Attorneys will also learn about and discuss who wishes to leverage technology. The strategies on what specific animations, colors, and techniques work best in program will take place at the LACBA litigation scenarios. Attorneys are urged to bring along their laptops so that they can Conference Center, 281 South Figueroa follow along with some of the techniques shown during the session. Street, Downtown. Reduced parking is The presentation will cover setting up and manipulating slides, wizard options, available with validation for $9. On-site premade slides, blank slides, text effects, pictures, borders, label, animation, text boxes, and video and audio. If you do bring your computer, you should have registration and the meal will begin at 4:30 Microsoft Office Power Point 2003. The program will take place at the LACBA P.M., with the program continuing from 5 to Conference Center, 281 South Figueroa Street, Downtown. Reduced parking is 8:45 P.M. The registration code number is available with validation for $9. On-site registration and the meal will begin at 5 009378. The prices below include the meal. P.M., with the program continuing from 5:30 to 9:15. The registration code number is $75—CLE+PLUS members 009377. The prices below include the meal. $95—Litigation and Small and Solo Section $175—CLE+PLUS members $300—LACBA members members $450—all others $105—LACBA members $225—Barristers, Litigation, and Small and Solo Section members $125—all others 3.50 CLE hours 3.5 CLE hours
The Los Angeles County Bar Association is a State Bar of California MCLE approved provider. To register for the programs listed on this page, please call the Member Service Department at (213) 896-6560 or visit the Association Web site at http://calendar.lacba.org/. For a full listing of this month’s Association programs, please consult the County Bar Update.
Los Angeles Lawyer November 2006 83 Closing Argument BY DOVIE YOANA KING
Urban Legends about the New Bankruptcy Law
ACCORDING TO WEBSTER’S DICTIONARY, an urban legend is “an often maze. Because the automatic stay continues to be a protection pro- lurid story or anecdote that is based on hearsay and widely circulated vided by bankruptcy law, debtors can rest assured that they will be as true.” Although it has been a year since the passage of the free from creditor harassment. Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Urban Legend 4: The new credit counseling requirement is too dif- (BAPCPA), I still find that a number of urban legends about the new ficult to comply with and too costly. Debtors must now complete credit law remain in the public’s mind. The most notable is that bankruptcy counseling within 180 days before filing for bankruptcy, but this can is no longer an option for most—and the “fresh start” once afforded be achieved at minimal cost and effort. Debtors have the option of to honest debtors is a thing of the past. As a bankruptcy and consumer fulfilling the credit counseling requirement by telephone, Internet, or protection lawyer, I have advised many individuals who are over- in person. Services are offered in various languages—including whelmed by debt and contemplating filing for bankruptcy. It is time Spanish, Korean, and Chinese—and fee waivers are available to off- to deconstruct these myths. Here is a list of the top five urban legends about BAPCPA and its impact on consumers. Pro bono attorneys are certainly still necessary—and able—to assist Urban Legend 1: Most people who could file for bankruptcy under the old law can no longer file under the new law. the poor through the myriad new bankruptcy requirements that are The bankruptcy system under BAPCPA contains significant new components, including a means test, more stringent imposed by BAPCPA. documentation requirements, and increased filing fees. Admittedly, the means test could be onerous and push some debtors into a chapter 13 repayment plan instead of chapter 7 liq- set the cost for some. A bankruptcy judge may even waive this uidation. However, the fact is the majority of debtors who qualified requirement in the event a person cannot find adequate credit coun- for chapter 7 relief under the old law will still qualify under the new seling services in his or her judicial district. system without evoking the means test. Moreover, the documents now Urban Legend 5: The new law has effectively rendered pro bono required to be produced—such as federal income tax returns and pay- assistance obsolete. Corporate and commercial law attorneys have check stubs—generally are readily available to debtors. Also, the expressed concern about the new attorney liability provisions. Namely, bankruptcy filing fee can be waived or paid in installments if the per- BAPCPA requires consumer attorneys who become classified as a “debt son demonstrates an inability to pay it. relief agency” to comply with additional duties and certifications or Urban Legend 2: If you file for bankruptcy, you will lose your prop- be liable for penalties. However, it is unlikely that these provisions erty. The bankruptcy exemption scheme was modified by BAPCPA apply to pro bono services. First, fees and costs cannot be assessed based on residency and other factors, but the substantive exemptions against attorneys who are representing debtors in chapter 13 cases. still exist. In California, for example, there is a wild card or catch- Second, the new provisions are inapplicable if a debtor falls below all exemption that allows debtors to protect their assets, such as real the median income established annually by the U.S. Census Bureau property, vehicles, and the like. Moreover, if a person has debt based on the debtor’s place of residence and family size. Lastly, pro secured by property, such as a car loan, and he or she can afford to bono attorneys are arguably excluded from the definition of a “debt continue making payments, the property will not be lost. Under relief agency” because their legal services are provided to the debtor BAPCPA, a debtor may sign a reaffirmation agreement with the free of charge. Pro bono attorneys are certainly still necessary—and secured creditor to keep the property. By doing so, the debtor assumes able—to assist the poor through the myriad new bankruptcy require- legal responsibility for making future payments. The bottom line is ments that are imposed by BAPCPA. that most people will not lose their property under the amended bank- As bankruptcy folklore continues to evolve, it is important to keep ruptcy system. in mind that bankruptcy may still be the best option for those who Urban Legend 3: Bankruptcy will not stop creditor harassment. cannot afford to pay their bills. It is therefore advisable for individ- One of the cornerstones of the bankruptcy system is the automatic uals interested in filing for bankruptcy to consult an experienced bank- stay, which stops debt collection efforts such as phone calls, letters, ruptcy attorney. Low-income debtors should consult the bar associ- foreclosure, repossession, and lawsuits upon the filing of a bankruptcy ation in their area to see if they are eligible for free legal services. ■ petition. It is true that the automatic stay has been modified with respect to notice requirements, pending evictions, and repeat filings, Dovie Yoana King is an attorney at the Mexican American Legal Defense and but an experienced attorney can surely guide the debtor through the Educational Fund in Los Angeles.
84 Los Angeles Lawyer November 2006
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