EXPERT WITNESSESSEMIANNUAL THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION GUIDE TO

APRIL 2018 / $5

EARN MCLE CREDIT PLUS 2017 ETHICS LACBA’S NEW ROUNDUP EXECUTIVE page 22 DIRECTOR page 8 L.A. Superior Court Today page 13 DREAMers Decision page 52 SHAKE, RATTLE, andROLL

Los Angeles lawyers Jean M. Boylan and Barbara R. Gadbois discuss public works contracting procedures and how they vary when local or state agencies declare emergencies page 16

FEATURES 16 Shake, Rattle, and Roll BY JEAN M. BOYLAN AND BARBARA R. GADBOIS California's Public Contract Code lays out statutory guidance allowing award of public works contracts that can bypass standard competitive bidding rules in case of an emergency

22 2017 Ethics Roundup BY JOHN W. AMBERG AND JON L. REWINSKI Fair reporting privilege, demand letters, getting paid, and sharp practices and their consequences were among the ethics issues affecting California lawyers last year Plus: Earn MCLE credit. MCLE Test No. 277 appears on page 25.

30 Special Section Semiannual Guide to Expert Witnesses

Los Angeles Lawyer DEPARTME NTS the magazine of the Los Angeles County 8 LACBA Matters 13 Practice Tips Bar Association Past challenges, new initiatives Los Angeles Superior Court's innovative April 2018 fuel a resurgent LACBA response to financial stress BY STAN BISSEY BY THE HONORABLE DANIEL J. BUCKLEY Volume 41, No. 2 10 On Direct 52 Closing Argument COVER PHOTO: TOM KELLER Adam Siegler California DREAMing: a nationwide INTERVIEW BY DEBORAH KELLY injunction saves DACA BY MARY E. KELLY 12 Barristers Tips Bitcoin taxation: IRS Notice 2014-14 is just the beginning BY J.D. REES LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August, by the Los Angeles County Bar Association, 1055 West 7th Street, Suite 2700, Los Angeles, CA 90017 (213) 896-6503. Period - icals postage paid at Los Angeles, CA and additional mailing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $38 annually; single copy price: $5 plus handling. Address changes must be submitted six weeks in advance of next issue date. POSTMASTER: Address Service Requested. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055. 04.18 VISIT US ON THE INTERNET AT WWW.LACBA.ORG/LALAWYER E-MAIL CAN BE SENT TO [email protected]

EDITORIAL BOARD Chair JOHN C. KEITH Articles Coordinator SANDRA MENDELL Assistant Articles Coordinator TYNA ORREN Secretary RENA KREITENBERG Immediate Past Chair TED M. HANDEL

JERROLD ABELES (PAST CHAIR) TOM K. ARA EMPLOYMENT LAW REFERRALS SCOTT BOYER CHAD C. COOMBS (PAST CHAIR) Paying Highest Referral Fees (Per State Bar Rules) THOMAS J. DALY

GORDON K. ENG DONNA FORD (PAST CHAIR) Honored to receive regular employment referrals from STUART R. FRAENKEL over 100 of Californiaʼs fi nest attorneys MICHAEL A. GEIBELSON (PAST CHAIR) SHARON GLANCZ Stephen Danz 877.789.9707 GABRIEL G. GREEN & Associates STEVEN HECHT (PAST CHAIR) Main offi ce located in Los Angeles and nearby offi ces in Pasadena, Orange County, Inland Empire & San Diego DENNIS F. HERNANDEZ JUSTIN KARCZAG Stephen Danz, Senior Partner 11661 San Vicente Boulevard, Suite 500, Los Angeles, CA 90049 MARY E. KELLY (PAST CHAIR) KATHERINE KINSEY JENNIFER W. LELAND CAROLINE SONG LLOYD PAUL S. MARKS (PAST CHAIR) COMM’R ELIZABETH MUNISOGLU CARMELA PAGAY GREGG A. RAPOPORT JACQUELINE M. REAL-SALAS (PAST CHAIR) LACEY STRACHAN THOMAS H. VIDAL

STAFF Editor-in-Chief SUSAN PETTIT Senior Editor JOHN LOWE Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director LINDA BEKAS Senior Manager MELISSA ALGAZE Administrative Coordinator MATTY JALLOW BABY

Copyright © 2018 by the Los Angeles County Bar Associ - ation. All rights reserved. Reproduction in whole or in part without permission is pro hibited. Printed by R. R. Donnelley, Liberty, MO. Member Business Publications Audit of Circulation (BPA). The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing.

4 Los Angeles Lawyer April 2018 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2553 Telephone 213.627.2727 / www.lacba.org

LACBA EXECUTIVE COMMITTEE President MICHAEL E. MEYER President-Elect BRIAN S. KABATECK Senior Vice President TAMILA C. JENSEN Vice President PHILIP H. LAM Assistant Vice President JESSE A. CRIPPS Assistant Vice President JO-ANN W. GRACE Assistant Vice President ANN PARK Treasurer JOHN F. HARTIGAN Immediate Past President MARGARET P. STEVENS Barristers President JEANNE NISHIMOTO Barristers President-Elect JESSICA GORDON Executive Director STANLEY S. BISSEY Chief Financial & Administrative Officer BRUCE BERRA

BOARD OF TRUSTEES KRISTIN ADRIAN HON. SHERI A. BLUEBOND SUSAN J. BOOTH RONALD F. BROT TANYA FORSHEIT JENNIFER W. LELAND MATTHEW W. MCMURTREY F. FAYE NIA BRADLEY S. PAULEY ANGELA REDDOCK DIANA K. RODGERS MARC L. SALLUS MICHAEL R. SOHIGIAN EDWIN C. SUMMERS III KENDRA THOMAS KEVIN L. VICK WILLIAM L. WINSLOW FELIX WOO AFFILIATED BAR ASSOCIATIONS BEVERLY HILLS BAR ASSOCIATION CENTURY CITY BAR ASSOCIATION CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES CULVER MARINA BAR ASSOCIATION GLENDALE BAR ASSOCIATION IRANIAN AMERICAN LAWYERS ASSOCIATION ITALIAN AMERICAN LAWYERS ASSOCIATION JAPANESE AMERICAN BAR ASSOCIATION JOHN M. LANGSTON BAR ASSOCIATION THE LGBT BAR ASSOCIATION OF LOS ANGELES MEXICAN AMERICAN BAR ASSOCIATION PASADENA BAR ASSOCIATION SAN FERNANDO VALLEY BAR ASSOCIATION SANTA MONICA BAR ASSOCIATION SOUTH BAY BAR ASSOCIATION SOUTHEAST DISTRICT BAR ASSOCIATION SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION WOMEN LAWYERS ASSOCIATION OF LOS ANGELES

Los Angeles Lawyer April 2018 5 n last month’s “From the Chair” column, I wrote of the risk to attorneys in taking on clients who may be convicted Iin the court of public opinion, as illustrated by the col- lateral damage (e.g., negative press, loss of other clients) that some of film producer Harvey’s Weinstein’s former

attorneys reportedly suffered. Clients certainly are entitled to choose their lawyers based on their own criteria. But I find troubling the apparent mindset of much of the public—and especially the media—that attorneys should be punished for representing unpopular clients. After all, even unpopular people have a right to (and are perhaps most in need of) competent representation, and this mindset seems to threaten both that right and the independence of lawyers in doing their jobs. I am even more troubled by recent stories about a diff erent threat to the independence of lawyers trying to do their jobs. The lawyers at issue are judges, and those who have made unpopular rulings have come under heavy pressure in recent days. Threats to judicial independence are nothing new, of course. Many will remember the story of “the switch in time that saved nine.” (For those who don’t: In 1937, after much New Deal legislation was struck down by the U.S. Supreme Court on 5-4 decisions, President Franklin Roosevelt pushed legislation to pack the Court with six new justices, and it was Associate Justice Owen J. Roberts’ sudden “switch” to supporting the New Deal that averted this court-packing plan.) However, as Michael Wines reported in a recent article for The New York Times, “political attempts to reshape or constrain state courts have risen sharply in the last 10 years…propelled by polarization and a fading of the civics-book notion of governmental checks and balances.” The latest example is the response of Republican legislators in Pennsylvania to the decision of that state’s supreme court to strike down the tate’ss congres- sional district map as a Republican-drawn gerrymander. This response included threats to flout a court order to turn over map-drawing data and to file ethics complaints against, and even impeach, Democratic justices. As reported by Wines, “impeachment—or at least, impeachment threats and attempts—have become a common tool to pressure courts in recent years.” While efforts to punish judges for disfavored rulings appear to skew Republican, there is at least one recent example in which the political left has adopted this approach. Aaron Persky, a superior court judge in Santa Clara County, is facing a major recall effort based on his sentencing of Brock Turner, the former Stanford University student convicted of sexual assault in 2016. Some victims’ rights and women’s rights activists say the sentence was far too lenient. Others counter that the sentence was recommended by the probation department (not a sentence Judge Persky came up with himself), that Turner was also sentenced to lifelong registration as a sex offender, and that the California Commission on Judicial Performance cleared Persky of misconduct. The point here is not to adopt a position on the sentence itself. It is to say that it is bad policy for liberals and conservatives alike to try to remove a judge just because you dislike one of his or her rulings. We must be vigilant in ensuring that judges remain independent and do not become tools either of another branch of government or of any political or ideological movement. n

John Keith is the 2017-18 chair of the Los Angeles Lawyer Editorial Board. He practices business litigation with the law firm of Fenigstein & Kaufman in Century City.

6 Los Angeles Lawyer April 2018

LACBA matters STAN BISSEY

Past Challenges, New Initiatives Fuel a Resurgent LACBA

SETTLING IN as LACBA’s new executive what we can do to bring them back. Both surveys ask important director, I was re minded of my first week questions that will help drive the internal and external discussions as the new executive director of the towards a better county bar and a more exhaustive survey that will California Judges Association (CJA) 14 serve as the groundwork for serious, long-term strategic and aspira- years ago. For years, the courts paid the tional planning. The initial responses have been remarkable and full professional dues of the judges and com- of meaningful comments that will move us forward. missioners, but, shortly after I was hired, Weekly Membership Innovation Discussions. Your entire LACBA it was announced that professional dues staff is an incubator of innovative ideas for engaging the new lawyer would no longer be covered by the courts. as well as strategies and exciting initiatives for the legacy member. All The prevailing sense was that judges members need to feel engaged and valued. Our job is to help make would never voluntarily pay dues and these connections and opportunities easy to access, easy to use, and that CJA was done. That was wrong. At the end of that first self- valuable to your practice. We have begun embedding video into some funding year, more than 93 percent of the members had written electronic communications aimed at delivering content in compelling checks to support the association when we needed it most. That col- and meaningful ways. We are launching a four-program podcast high- lective focus and compelling need to support and defend what is lighting Barrister members, sharing their advice and tips for navigating important, professionally and personally, had an enormous impact the first three years after law school—all towards a member experience and made me proud of my association and, more importantly, it as personal, inclusive, and diverse as our membership. made me proud of my members. LACBA Beyond DTLA. The quality and variety of CLE pro- That delicate and dangerous moment says a lot about an association gramming delivered by the sections, usually at LACBA’s offices down- and those who choose to belong, choose to stay, and choose to make it town, is well known and highly valued, but we are the county bar. stronger than ever before. It’s no secret that LACBA has had a rough This programming should be available in every corner of the county couple of years. Some say the association is not what it was, and they where members have a need and an interest—in tandem with our are right…it’s better. Better because of the honesty, the adversity, the allied bar partners where we can and independently where we must. challenges, and because of the resurgence that I see everywhere I turn. In addition, we are moving forward with webcasting and recording Since I’ve been on board, I have had the opportunity to see selected programs that members can access on their devices at their firsthand the energy and excitement of our new and young lawyers, convenience. the barristers. I’ve sat in wise counsel with members of LACBA’s Move to Mobile. We are embarking on the move to mobile and Senior Lawyers Section and Council of Sections, listening and learning the development of the LACBA app. Your section updates, program- about the leadership that built the county bar and that has sustained ming, events, dues, social networking, and all that you expect from it for 140 years. LACBA will be easily available and personalized by you, for you. I recently spent a morning at LACBA’s Domestic Violence Legal Dues Payment Ease. Being a member ought to be easy, and paying Services Project in the Stanley Mosk Courthouse downtown and left your dues even easier. To that end, we are moving towards monthly inspired by the good work and meaningful change disbursed every debit options from your checking account or credit card. day. I am also committed to visiting LACBA’s Veterans Legal Services, 2018 Marks Our 140th Year. In February, in observance of Black AIDS Legal Services, and Immigration Legal Assistance projects. The History Month, we began featuring African-American members and four projects, and support for them, are a vital part of our dynamic staff in the Daily eBriefs. This recognition will continue through the and modern bar association. They represent the best in all of us. other heritage months as we celebrate the diversity of the bar and Internally, I have been overwhelmed by the dedication, pride, and efforts to include all underrepresented segments of the Los Angeles professionalism of the LACBA staff. Throughout my 20-year association legal community. Throughout the months ahead and reflected in the career, I have been an association staff member and have led association important signature LACBA events coming this summer and fall, we staffs, and I can tell you that your professional team is dedicated and will celebrate the leaders who built this association and highlight the committed to the success of every member, every program, every trend and trendsetters shaping the future of the bar. section, and every committee. That pride is reflected in everything I I have dedicated my professional life to the power of associations have seen, and I am proud to be a part of their professional journey. and the rule of law. This opportunity as your executive director is Here is just some of what we have begun: both humbling and exhilarating and fulfills a lifelong dream to mesh The Survey. In February, you received a link from LACBA to these two passions. Thank you to the many who have offered kind brief member and nonmember surveys. Understanding what you words of support, advice, and encouragement. We are all LACBA, want and need to be successful and how LACBA can continue to and I won’t let you down. n meet those expectations is vital to our mutual success. It is equally important to reach out to lapsed members to ask why they left and Stan Bissey is the executive director of the Los Angeles County Bar Association.

8 Los Angeles Lawyer April 2018 on direct INTERVIEW BY DEBORAH KELLY

Adam Siegler Colonel (Ret.), Judge Advocate, U.S. Army Reserve

leagues and coworkers. You were in the Army Reserve during 9/11. What changed? The immediacy of deploy- One of your practice areas is unmanned ment. aircraft systems (drones) law. What should the average Joe understand about privacy? You wrote that for Reserve JAGs deploy- Drones can have an effect on visual priva- ments can be expensive. How? If you have cy, but the erosion of privacy through vol- your own practice or you’re a partner in a untary disclosure of information on the small firm, you can suffer a catastrophic Internet is a much greater threat. financial loss. You cannot maintain the continuity of your practice while you’re You went to UCLA, with a double major in on the Army payroll. political science and history. What lesson has the United States failed to learn? We Did that happen to you? Yes, I had a small have failed, each time, to learn the lesson firm that I had to close when I came off of the last war early enough to prevent active duty in 2009. the next one. How did you restart your career? Friends Later, you attended Loyola School of Law. introduced me to Greenberg Traurig, and Why did you want to become a lawyer? I they took a chance on hiring me when ADAM SIEGLER is an attorney in the Los like to write, I like to speak, and I wanted everybody else was laying people off dur- Angeles office of Greenberg Traurig, to make a difference with the things I do. ing the middle of the recession. LLP. His practice focuses on business and real estate litigation. Formerly, he What is your best job? I am very happy at Yet, you accepted a “by name” request to served as the staff judge advocate for Greenberg Traurig. return to active duty, which you could have the 335th Signal Com mand, U.S. Army, declined. Why? My duty was to go where and received the Legion of Merit as What was your worst job? I’ve never had a and when needed. well as Bronze Star, Meritorious Service, bad job because every job means some- and Iraq Cam paign medals. As a vet- thing to me and means something to the “Thank you for your service.” Trite or sin- erans’ advocate, Colonel Siegler has people who are asking me to do it. cere? I think it’s sincere, and it is deeply meaningful to me. provided pro bono services for more Were you frightened the first time you than 20 years, for which he received stood in front of a Judge? I remember Is there a different vibe between veterans the Army Core Values Award from the being excited. who were drafted and those who volun- chaplains of the 63rd Regional Support teered? There may have been in the initial Command. He also developed The You’ve been a featured guest on Champi- motivation, but everyone who served Valor Guide on free legal services for ons of Justice. What is our biggest obsta- took the oath and understood that their veterans in California and serves as the cle to justice? First, the failure to enforce lives could be put on the line. chair of the Armed Forces Committee the rule of law evenhandedly, and, sec- of the Los Angeles County Bar ond, the failure to provide counsel for What is better, draftee or volunteer? My Association. In 2017, he was appointed every person who has a legal problem. preference is for a volunteer force, but I by the president of the American Bar don’t think everyone has to carry a gun. Association to the Legal Assistance for What do you make sure you always have in A young person should be in some type of Military Personnel Committee. your brief case? My glasses—without compulsory service for which he or she is them it’s kind of hard to find other things. not exempt, where wealth and privilege don’t count. You graduated the U.S. Army War College. What makes you the happiest? Helping What is that? That is the Army’s highest You received the Bronze Star. What other people. educational level with a design to teach se- happened? The medal is awarded for nior officers to become strategic leaders As of counsel at Greenberg Traurig, an in- service or valor in a combat theatre. I on a national level. It’s an absolute privi- ternational law firm with more than 2,000 provided a useful strategic service in lege to learn in the same place as General lawyers, what do you like about your job? assuring that our detention operations Patton and General Eisenhower. What I love about my job is my col- complied with the Geneva Conventions. I have a great respect for those who re-

10 Los Angeles Lawyer April 2018 ceived the Bronze Star for valor. members with legal matters. We find that the legal matters have an effect on other How long was that tour? One year, with areas of their lives. 10 months in country. What is the worst plight of Los Angeles’s Do The Hague and Geneva Conventions veterans? There are more than 4,800 and rules of engagement endanger sol- homeless veterans, mostly concentrated in diers? I believe they protect soldiers in the downtown. long run. What do we need to do? See them as real What if one side is playing by the rules people. and the other is not? We follow the rules because we, as a nation, are committed to Are some service resistant? Yes. We have upholding the rule of law. When other to try harder with them. people know we follow the rule of law, they are more willing to cooperate. Also, What characteristic do you most admire in we protect soldiers from the deep psycho- your wife? Her unerring sense of integrity logical trauma of abusing other people or and doing what’s right, in addition to allowing other people to be abused. being absolutely beautiful.

You were a colonel judge advocate for the What is your hidden talent? I’m pretty Army Reserve. What is the simplest differ- good at working on houses. Masonry, ence between civil law and military law? carpentry, plumbing…all of the necessary The law of war, which governs when you trades of building a house. can begin hostilities and the manner in If you were handed $10 million tomorrow, which you can conduct them. what would you do with it? I would talk Example? On the military side, you have to my wife about what we should do to engage in hurting people and destroy- together. My first impulse, after taking ing property. You have to balance the care of our family, is to help others. I give needs of the mission and self-defense to from eight to 10 charities per month. against the rights of others, including I feel blessed and fortunate to have the civilians. resources to do that.

Have you presided over a court martial? On What book is on your nightstand? I just panels, as the legal advisor. The cases in- finished a biography on Copernicus. volve similar types of offenses you see in Which magazine do you pick up at the the civil criminal process—thefts to as- doctor’s office? Scientific American. saults. What is your favorite sport as a partici- Do veterans receive the VA benefits they pant? Informal game of baseball with are promised upon enlisting? From the friends. number of homeless veterans on the street, it is obvious there is something Where do you go on a three-day weekend? we’re still not doing right. Santa Barbara.

You’ve provided pro bono services to veter- Which U.S. president would you most like ans for more than 20 years. Favorite case? to take out for a beer? Abraham Lincoln. A sergeant bought a car, and the warranty wasn’t honored. I called the dealer and What would you ask him? What kept him was told it wasn’t their problem. I’ve going in the Civil War, enabling him to always said that some people just need abolish slavery and win the war. suing. What are the three most deplorable condi- What happened? We went all the way to a tions in the world? People suffering from jury trial. We got compensatory and puni- famine, war, and disease—so wrong and tive damages, and attorneys’ fees. We do- so unnecessary. U.S. veterans who proud- nated the attorneys’ fees. ly served now living on the street; we need to fix this. Destruction of the envi- Do you think post-traumatic stress syn- ronment and the animals who live in it. drome is underdiagnosed? Many people We are all responsible for our world. are affected very strongly in ways that we don’t fully understand and in ways that Who are you two favorite world leaders? the affected soldier will deny. Churchill and Gandhi.

As chair of LACBA’s Armed Forces Commit- What is the one word you would like on tee, what is your goal? To help service your tombstone? Peace.

Los Angeles Lawyer April 2018 11 barristers tips BY J.D. REES

Bitcoin Taxation: IRS Notice 2104-21 Is Just the Beginning

A CLIENT, ALICE, calls to tell you that after hearing so much about is one potentially liable for reporting and paying taxes on capital cryptocurrencies like Bitcoin, she opened a crypto-trading account. gains or losses; mere holding generally does not incur taxes. She bought and sold various cryptocurrencies in 2017 but did not The IRS had not clarified whether IRS Code Section 1031 report or pay taxes on her crypto gains. How is the government (concerning like-kind exchanges of property) applies to exchanges going to know what she bought and sold—it’s all anonymous, of one cryptocurrency for another. Section 1031 allows taxpayers right? (It is not.) Alice only wants to know if she made a mistake to defer capital-gains taxes incurred during exchanges of “like- by not declaring and paying taxes on her crypto gains in 2017. kind” property, e.g., an exchange of one piece of real estate for Although state laws governing crypto are a patchwork, the another. Tax professionals have not reached a consensus on this, federal government has cautiously provided some initial direction. but many doubt that Section 1031 would apply. In the absence The clearest guidance on federal crypto taxation came in 2014, of clear guidance and due to draconian penalties associated with with IRS Notice 2014-21.1 Notice 2014-21 also happens to be noncompliance, few tax professionals are encouraging taxpayers the most recent IRS statement on the subject. It should be the to treat swaps of one type of crypto for another as like-kind starting point for anyone seeking to understand how cryptocur- exchanges. The tax bill that Congress passed in late 2017 restricts rency is treated under federal tax laws. Section 1031’s applicability to exchanges of real estate, thus Notice 2014-21 explains that the federal government considers crypto definitely does not qualify under Section 1031 in 2018. “virtual currencies” (i.e., cryptocurrencies like bitcoin) to be Additionally, Notice 2014-21 explains that “a taxpayer who property, not currency. The notice states that taxable gains and receives virtual currency [crypto] as payment for goods and losses are incurred “upon an exchange of virtual currency for services must, in computing gross income, include the FMV of other property.” Thus, taxable events are not limited to swaps the virtual currency, measured in U.S. dollars, as of the date the of crypto for fiat currencies (like dollars or euros); a taxable virtual currency was received.” For example, if Alice sells her event occurs each time one trades crypto, whether for fiat currency Lamborghini for 10 bitcoin, she must include the FMV of that (like U.S. dollars) or another type of crypto. bitcoin in her gross income. For example, fictional Alice bought $1,000 worth of bitcoin Notice 2014-21 indicates that, in some cases, individuals who on January 1, 2017, which appreciated in value, and, on July 1, pay for goods and services may be responsible for reporting 2017, was worth $2,000. Alice traded half of her bitcoin ($1,000 and/or withholding (e.g., paying an independent contractor more worth) for litecoin, another kind of crypto. On February 1, 2018, than $600 in crypto in a taxable year). Independent contractors Alice’s remaining bitcoin was worth $2,000, and her investment are subject to similar rules: the FMV of crypto received for inde- of $1,000 worth of bitcoin into litecoin grew to $5,000. Alice pendent contractor services, measured in dollars on the date of liquidated all of her crypto holdings for $7,000 on February 1, receipt, “constitutes self-employment income and is subject to 2018. This example contains multiple taxable events. the self-employment tax.” The first event occurred on July 1, 2017, when Alice traded Employees who receive cryptocurrency as wages also owe property (bitcoin) costing her $500 for property worth $1,000 income taxes on these payments. Moreover, employers who pay (litecoin). That taxable event resulted in $500 of short-term capital employees in crypto must treat these payments the same as pay- gains. Had Alice held her bitcoin a year before selling or trading, ment of ordinary wages. Notice 2014-21 illuminates tax require- IRS Notice 2014-21 clarifies that they would have been treated ments for such employers in greater detail. as long-term capital gains, which are taxed at lower rates. Notice 2014-21 is the beginning—not the end—of the analysis. The next taxable events occurred when, after seven more To understand and comply with tax laws regarding crypto holdings, months, Alice sold her bitcoin and litecoin for dollars on February one should speak with a tax/crypto lawyer or accountant who 1, 2018. The sale of her remaining bitcoin (which had a cost can provide more complete advice, including how Notice 2014- basis of $500) for $2,000 resulted in taxable gains of $1,500. 21 and other laws apply to more advanced topics (e.g., taxes on But because Alice held that bitcoin for 13 months (i.e., more “hard forks,” “airdrops,” “ICOs”; using LIFO versus FIFO to cal- than a year), those gains are taxed as long-term capital gains. culate basis; and applicability of the “wash-sale rule”). They also The sale of Alice’s litecoin, however, came after only seven can suggest proactive measures taxpayers can take to minimize the months, meaning she owes short-term capital-gains taxes on that likelihood of noncompliance in this brave, new crypto world. n sale. Since Alice received $5,000 for property (litecoin) that cost her $1,000, she owes short-term capital-gains taxes on her $4,000 1 See I.R.S. Notice 2014-21, available at https://www.irs.gov. profit. The fair market value (FMV) of the crypto at the time of purchase and sale is what determines gains or losses. J.D. Rees is an associate at Sheppard, Mullin, Richter & Hampton LLP, a So-called “hodlers,” who buy and hold crypto, instead of member of the Business Trials Practice Group and the Private Wealth and day trading, may take heart. Only when a taxable event occurs Fiduciary Litigation Practice, and serves on the Barristers Executive Committee.

12 Los Angeles Lawyer April 2018 BY AUTHOR practice tips BY THE HONORABLE DANIEL J. BUCKLEY

Los Angeles Superior Court’s Innovative Response to Financial Stress

“INDIVIDUAL JUSTICE IN INDIVIDUAL CASES. That is the goal of Changes in society, culture, and law place increasing demands the Los Angeles Superior Court.” So began an article by then- on this system. In 2011, with passage of AB 109, criminal justice Presiding Judge Lee Smalley Edmon—now Justice Edmon—in realignment placed significant additional demands on judges to the October 2011 issue of Los Angeles Lawyer.1 Justice Edmon oversee parole and probation. In 2014, Proposition 47, which then recounted the budget cuts that the court saw on the horizon, lowered the criminal penalties for many drug-related crimes, has which culminated by June 2013 in annual budget reductions of resulted in fewer felony filings but an offsetting increase in the $133 million and the elimination of one-quarter of court staff. complexity of the average misdemeanor case.7 Civil judges report Despite the dismal fiscal outlook in 2011, Justice Edmon that an increase in highly complex employment cases is exacer- remained optimistic about the future: “Fortunately, in anticipation bating delays in the civil courts. Each year brings a new area of of the inevitable cycles of state court funding, we have long been children’s lives under the microscope of the dependency judges, pursuing lean operating strategies…. As bleak as the new normal from educational achievement to the administration of psy- may look, we have not abandoned our pursuit of individual chotropic medication. Wholesale changes in how family law justice in individual cases. We continue to find new ways of matters are heard demand more resources in family law courts. administering justice—and to preserve the old ways that have What has prevented disaster and is cause for continued opti- served us so well.”2 Now, five years after the end of the budget mism for the future of the Los Angeles Superior Court, is the reductions, Justice Edmon and her successors—Presiding Judges range of creative responses the court has developed to these chal- David S. Wesley, Carolyn B. Kuhl, and I, along with Assistant lenges, combined with the dedication and hard work of judicial Presiding Judge Kevin C. Brazile—have been able, with a com- officers and staff. bination of determination and creativity, to fulfill her promise New Business Model to continue to deliver individual justice in individual cases. In 2018, the Los Angeles Superior Court looks and operates In 2014, Governor Edmund G. Brown Jr. called on the California differently than it did in 2011, or even 2013. June 2013 marked trial courts to find more “elegant and efficient” ways to do busi- the depths of the state budget cuts, which forced the court to ness.8 The Los Angeles Superior Court is meeting that challenge. close eight courthouses and 23 courtrooms, in addition to a For example, when lines wrapped around the Metropolitan number of others closed in previous years; restrict some types of Court house in the heat of the summer of 2013, fraying nerves litigation to a handful of locations; eliminate court-employed and trying people’s patience, court leadership recognized that a court reporters in the civil courtrooms; and significantly restructure different approach to handling traffic citations was needed. Since the way civil litigation was handled, moving away from individual then, the court has moved the majority of its traffic ticket business calendar courts to specialized settlement courts and trial courts, online, eliminating lines that clogged several courthouses and and dedicated personal injury courts, among other changes. Some making it easier for traffic litigants to resolve their tickets. of these changes have proven helpful; others raise issues that To help traffic litigants, the court created the first-ever online have yet to be fully addressed. automated, audio self-help system, which speaks to litigants in The past five years proved a tremendous challenge—and an six languages, outlining options available for the user’s particular incredible learning experience. Necessity is the mother of invention, traffic ticket. Traffic litigants who want to come to the courthouse and the impact of the Great Recession has taught the court well. to conduct their traffic matter business can go online to schedule While significant challenges remain, the court has accomplished an appointment with a traffic clerk beforehand to save time and some great things and is on the threshold of more. money. The traffic courts have gone from having queues that rivaled those at Disneyland to virtually no lines at all. The Challenges This online, do-it-yourself model extends to the civil courts, In the years since the state funding reductions ended, funding where the Court Reservation System allows attorneys to schedule increases have been scarce. In the current fiscal year, the trial hearing dates for a wide range of matters, making it easier for courts received no new funding. Yet the range and scale of them to get the date they need while eliminating the staff time demands for justice have not let up. In a typical year, judicial devoted to scheduling. Litigants in the family law courts will officers in the dependency courts watch over 30,000 children in soon have help completing documents online through an interface foster care;3 family court operations process more than 90,000 that guides them step-by-step through the preparation process. new petitions;4 almost two million jurors are summoned, and The online world does not suit everyone and so the court 3,000 jury trials are held;5 and judges in criminal courts handle will continue to provide personal service at the clerk’s windows. hundreds of thousands of felony and misdemeanor cases,6 while implementing new laws that increase the workload without pro- The Honorable Daniel J. Buckley is presiding judge of the Los Angeles Superior viding new funding. Court.

Los Angeles Lawyer April 2018 13 With fewer people in line, clerks have more Help Centers, clerks have access to Audio case information internally and remotely. time to help people with complex issues Remote Interpreting (ARI), which connects In the probate courts, input from the or who prefer to talk to a person rather customers requiring language assistance probate bar was critical to building an e- than a computer. with an ARI vendor interpreter by phone filing system that, after a few minor bumps, Behind the scenes, similar approaches to assist with the interaction. JusticeCorps had a smooth rollout. Most attorneys save time and money. By changing the volunteers who assist litigants in the Self- appreciate the simplicity and convenience way the court handles bail refunds, makes Help Centers speak 15 different languages.15 of the new e-filing system. In the family payments to court-appointed experts, orga- More than 269 bilingual employees provide law courts, new filings are being handled nizes facility support functions, hires new language services at the clerk’s offices.16 electronically, with electronic files consti- staff, and handles their human resources The Los Angeles Superior Court has tuting the official court record for all doc- records—down to changing the way pho- been a leader in California in expanding uments filed after January 2, 2018—with tocopiers are leased—it is possible to “do language access services. The remaining e-filing coming soon. Seamless communi- more with less.” challenge—to make court-provided inter- cation, information on demand, anywhere, In the end, while these innovations have preters available in all civil courtrooms— anytime—attorneys and litigants who are blunted the worst of the impacts of under- is within reach. ready and able to take advantage of tech- funding, they are not enough. The staff nology will find the Los Angeles Superior Not Your Grandparent’s Courthouse savings that accumulate through these Court open for e-business. efforts mean more people are free to attack A casualty of the recessionary cuts was a Restoring Access to Judicial Officers the backlogs that have grown over the past decade without desperately needed replace- lean years. But those backlogs continue. ments for the court’s case management Finally, the work of the court is that of its More than 1,500 family cases await clerical systems (CMSs), which provide the infor- nearly 580 judicial officers. Their embrace processing before judgments are finalized.9 mation infrastructure of the court. The of innovation and change, coupled with More than 1,000 orders for child and court had more than two dozen separate their dedication to access to justice, has spousal support are backlogged,10 denying systems, several written in archaic pro- been the foundation on which the improve- people the economic support they need gramming languages. (Anyone out there ments have been built. Those improvements and deserve. A backlog of hundreds of still running DOS? When was the last time extend to finding novel ways to structure child custody orders denies parents the someone mentioned an application written courtrooms and to handle cases. opportunity to care for their children. in COBOL?) Many of these systems were Innovative ways to encourage settlement Clerical backlogs of more than 4,000 civil seemingly held together with duct tape of civil, family law, and probate matters court orders prevent people in those cases and baling wire. have been established. These programs from collecting money they are owed.11 Now, every CMS in every litigation help litigants and attorneys find a resolu- In short, the court is within reach of ade- area is being replaced. To date, the court tion to their cases saving the time, expense, quate staffing for the courtrooms, the has new CMSs supporting the courtrooms and inconvenience of going to trial. Ex - clerk’s offices, and the various other services handling dependency, family law, limited panded settlement conferences help keep provided, but it is not yet there. civil, probate, and small claims. General limited courtroom time free for those mat- civil, criminal, delinquency, and traffic ters that must be litigated. Language Access CMSs will come online over the next year. As with many such programs, court- With more than 140 cultures and as many In each of these areas, state-of-the-art bar partnerships are key. For instance, in as 224 languages, Los Angeles County courtroom support, combined with the the five personal injury courtrooms in the is one of the most diverse areas in the capability for electronic filing, means Stanley Mosk Courthouse, certain cases world.12 It is estimated that 55 percent of greater convenience for attorneys and other that have reached the final status conference the county population speaks a language filers; cost avoidance for the court (less are set for mandatory settlement conferences other than English at home.13 Many need paper, less printing); and greater reliabil- (MSCs) staffed by attorneys from the to speak a non-English language in the ity—with electronic courtrooms, paper American Board of Trial Advocates, the courthouse as well. files no longer go missing. Electronically Association of Southern California Defense The Los Angeles Superior Court pro- filed documents are typically ready for Counsel, and the Consumer Attorneys vides interpreter services in 89 languages judicial review much sooner than paper Association of Los Angeles. These organi- with the assistance of nearly 400 certified pleadings. By extending the electronic zations provide a settlement team with a or registered interpreters and 200 inde- courtroom across secure networks, judicial plaintiff attorney and a defense attorney. pendently contracted interpreters—in every officers can take their work home in a The results are impressive: One-third of courtroom outside of the general civil tablet rather than a luggage cart. Electronic the cases on the verge of trial settled at the courts.14 The court’s website is multilin- files free staff who would otherwise be MSC, while another 46 percent settled gual as well. Services are typically avail- creating file jackets, filing documents, either before or after the MSC. Only 21 able in the five languages for which court pulling files, and refiling them—which percent went to verdict.17 Family law set- users most frequently request assistance: results in more staff resource savings. tlements are encouraged by a no-cost, vol- Armen ian, Korean, Mandarin Chinese, Electronic files provide simultaneous access untary program that provides dispute res- Spanish, and Vietnamese. The website to case information to judicial officers, olution professionals to family law litigants, includes a portal in which parties can sched- research attorneys, court staff, litigants, a resource generally available only to those ule an interpreter for a language other than attorneys, and the public. with the means to hire a private mediator. Spanish prior to their court hearing. (Span- This new technology also allows the The court’s top priority as it has recov- ish language interpreters are available daily court to replace manual processes, integrate ered from the recession has been the restora- at every courthouse, so there is no need its financial data to enhance financial con- tion of courtroom access that was lost during to schedule one in advance.) trols, improve records and exhibits man- the state budget cuts. Com bining modest At the public counters and in the Self- agement, and provide greater access to funding increases, savings from innovations,

14 Los Angeles Lawyer April 2018 and a reprioritization of existing resources, Governor Brown. 12Id.; see also L.A. County Gov’t, https://www.lacounty the court has ad dressed some of the big - Undeterred by the challenges that re- .gov/residents. 13 Statistical Atlas, Race and Ethnicity in Los Angeles gest gaps. Over the past three years, the main, the Los Angeles Superior Court con- County, California, available at https://statisticalatlas civil courts have seen five additional indi- tinues to innovate and to find better ways .com/county/California/Los-Angeles-County/Race-and vidual calendar courts, an additional court of providing access to justice. Recent expe- -Ethnicity (last viewed Mar. 1, 2018). to handle personal injury law-and-motion rience has proven that the California trial 14 Superior Court of California, County of Los Angeles work, an additional court in the Complex courts are a good investment. Los Angeles Limited English Proficiency (LEP) Plan, available at http://www.lacourt.org/generalinfo/courtinterpreter lawyers appear to share that sentiment. Lit i ga tion Program, a dedicated unlaw ful /pdf/LASCLEPPlan2016.pdf (last viewed Mar. 1, 2018). detainer court, and two dedicated trial The court believes the governor, and the 15 See generally California Courts, Language Access, http:// courts. Small claims and unlawful detain - legislature will recognize it, too. n www.courts.ca.gov/languageaccess.htm; About Justice - er cases are once again heard in every dis- Corps, http://www.courts.ca.gov/justicecorpsabout.htm; trict. In more than 100,000 new cases each 1 Judge Lee Smalley Edmon, The Challenges Facing the Press release, Los Angeles Superior Court Public Inform - year, litigants are able to resolve them closer Los Angeles Superior Court, L.A. LAWYER, Oct. 2011, ation Office, County of Los Angeles Board of Super - visors to Recognize LASC for Award-Winning Programs to home, eliminating lengthy travel.18 Ten at 12. 2 Id. at 14. (Sept. 19, 2016), available at http://www.lacourt.org family law courtrooms have been added, 3 LOS ANGELES SUPERIOR COURT ANNUAL REPORT 17 (2017), /newsmedia/uploads/14201691916524216NRBoardof some specializing in domestic violence available at http://www.lacourt.org/newsmedia/uploads SupervisorstoRecognizeLASC.pdf (all last viewed Mar. cases, others in long-cause trials. Six depen- /142017105142756AnnualReport2017compressedfile 1, 2018). 16 dency courtrooms have been added. After .pdf (last viewed February 28, 2018) [hereinafter LASC Los Angeles Super. Ct. staff report [hereinafter LASC staff report]. the recession forced consolidation of all ANNUAL REPORT]. 4 Id. at 29. 17 Id. probate cases into four downtown court- 5 Id. 18 See Notice to Public, LASC Announces Small Claims rooms, the court created “Have Gavel, Will 6 LASC ANNUAL REPORT, supra note 3. Cases to Be Heard in Every Judcial District (Oct. 13, Travel” to hold probate hearings in the out- 7 Trial Courts: Update of Resource Assessment Study 2017); Notice to Attorneys, LASC Announces Limited lying districts. Three probate courts have Model report to the Judicial Council from the Workload Jurisdiction Unlawful Detainer (Eviction) Cases to Be Heard in Every Judicial District (Oct. 13, 2017). also been added over the past few years. Assessment Advisory Committee, June 13, 2017. 8 Brown boosts judicial branch funding, but service 19 LASC staff report, supra note 16. The results of underfunding, however, 20 cutbacks remain likely, DAILY JOURNAL, May 14, 2014. Id. continue and are widespread. Unwarranted 9 Superior Ct. of Cal., L.A. County staff report. 21 Id. delays exist in nearly all areas of case pro- 10 Superior Ct. of Cal., L.A. County, Court Resources, 22 LEGISLATIVE ANALYST'S OFFICE, THE 2018-19 BUDGET: cessing. Since the recession, the proportion Court Interpreters, About the Language Access Services GOVERNOR'S CRIMINAL JUSTICE PROPOSALS 1,43 (Feb. available at of civil cases delayed beyond two years has Division, http://www.lacourt.org (last viewed Mar. 1, 27, 2018), http://www.lao.ca.gov/reports 2018). /2018/3762/2018-19-crim-justice-proposals-022818 doubled (and more than 1,000 personal 11 Id. .pdf. injury cases are more than four years old) due to lack of available courtrooms and up to nine-month delays to hear a motion.19 The wait to schedule a long-cause family law trial is six months;20 litigants may wait four months just for a hearing on a request for order. There is a four-month wait to begin a small claims case.21 The court is not yet out of the woods. Potential Game-Changer Despite an overall message of fiscal re - straint, Governor Brown’s proposed budget for fiscal year 2018-19 includes $123 mil- lion in new discretionary funding for the California trial courts and $19 million for court-based self-help.22 There are many events that will happen before it is clear how and whether the governor’s funding proposal will appear in the final budget. If that proposal is adopted, it will likely allow the Los Angeles Superior Court to build on its accomplishments to make a material difference in addressing the chal- lenges that remain. Huge thanks go to the Los Angeles lawyers who have supported the court’s budget advocacy efforts over the past years; their voices have been heard and have made a difference in the budget conversa- tions in Sacramento. Kudos, too, to Chief Justice Tani Cantil-Sakauye and her staff for getting this conversation off on the right foot. And, of course, thanks go to

Los Angeles Lawyer April 2018 15 by JEAN M. BOYLAN and BARBARA R. GADBOIS

SHAKE, RATTLE, and ROLL The emergency exemption to competitive bidding to expedite construction on behalf of the public is especially important in California where natural disasters are increasing

numerous public in an expedited manner.1 Thus, it is important to understand TODAY, and private con- both the standard public works competitive bidding process as struction projects are underway in Calif ornia, with tower cranes well as how the process varies when an emergency is declared by becoming part of every downtown skyline. When a natural a state or local agency. disaster strikes, many of the repair and rebuilding projects are The basic rules for public works competitive bidding are set public works projects, awarded by state and local public agencies, forth in the Public Contract Code.2 While the administrative which typically require adherence to competitive bidding rules provisions of the Public Contract Code apply to all “public enti- that can be quite cumbersome. It can take years to prepare design ties”3and all “public works contracts” for the erection, construc- and bidding documents, advertise the project, evaluate bids and tion, alteration, repair or improvement of any public structure, bidders, respond to bid protests, and complete the contract award building, road, or other public improvement of any kind,4 each prior to construction commencing. In the event of an emergency state agency, county, city, school district, or similar entity, is gov- or natural disaster, however, California law recognizes the need erned by distinct provisions of the Public Contract Code. In fact, to award contracts quickly pursuant to the “emergency exception” much of the underlying document drafting and bid disputes to the competitive bidding process in order to rebuild a community involve determining which code provisions apply to a particular

Jean M. Boylan is a clinical professor at Loyola Law School. Barbara R. Gadbois is a senior partner in the Los Angeles office of Gibbs Giden where she handles construction transactions and claims. The authors wish to acknowledge and express gratitude to Melissa Griffin, law clerk, for her research and editorial assistance. KEN CORRAL

16 Los Angeles Lawyer April 2018 public entity. Also, the California Consti - a bid to the agency. For example, the Sub - ing bidder generally must prove that the tution gives cities (and counties) the power letting and Subcontracting Fair Practices variance in the bid proposed for award is to become charter cities (and counties).5 Act governs contracts for public works.17 material to the bid. This is usually based If a city’s charter or ordinance concerning Each bidder is required to list the name, on a review of the submitted bid documents emergency contracting conflicts, the Public location of the place of business, California without the need for further factual inves- Contract Code provisions will not apply.6 contractor license number, and public tigation and is determined by the awarding “The purposes of competitive bidding works contractor registration number18 agency without the need for a hearing. procedures are to guard against favoritism, of each subcontractor who will perform An attorney representing the low bidder improvidence, extravagance, fraud, and work in an amount in excess of one-half can anticipate that he or she will need to corruption; to prevent the waste of public of 1 percent of the prime contractor’s total defend the fact that the lowest monetary funds; to obtain the best economic result bid. Moreover, bids must conform to the bidder submitted a responsive bid in all for the public; and to stimulate advanta- in structions provided in the bid documents material terms. An attorney who is con- geous market place competition.”7 More - or, in other words, be responsive.19 A bid sulted by one of the disappointed bidders over, “[c]ompetitive bidding provisions is responsive if it promises to do what the must investigate to see if the low bidder are strictly construed by the courts, and bidding instructions require.20 Usually, submitted a responsive bid that complies will not be extended beyond their reason- whether a bid is responsive can be deter- with the material requirements of the IFB able purpose.”8 The competitive bidding mined from the face of the bid without or RFP and determine if a bid protest is in requirement is based upon established outside investigation or information.21 If order. In any event, the determination of public policy to protect taxpayers from the bid does not materially conform to the responsiveness will need to be made. Typi - fraud and corruption.9 The purpose is to IFB or RFP, it can be rejected as nonre- cally, the “material” terms of a bid are guard taxpayers from favoritism and to sponsive; however, a bid that substantially those that could affect price, quantity, qual- secure the best work at the lowest price conforms to the IFB or RFP may be accept - ity, or delivery, and those terms that are practicable.10 All bidders should be on ed if a minor variance does not affect the clearly identified by the IFB. The test of equal footing to preserve fairness through- amount of the bid or give a bidder an whether a bid fails to materially comply out the bidding process and spend tax dol- unfair advantage.22 with the bid documents is whether the non- lars effectively.11 It is important to recognize that com- compliance gives the bidder a “substantial petitive bidding is not required for archi- economic advantage or benefit” not enjoy - Bidding Process tectural, engineering, land surveying, or ed by the other bidders.25 The bidder’s lack When initiating a public construction pro- construction management contracts. Gov- of intent to gain an unfair advantage is ject with a dollar value that exceeds the ernment Code Sections 4525 et seq. specif- irrelevant. agency’s threshold for competitive bid- ically govern these design professional ser- A bid may also be rejected because of ding,12 a government agency is typically vice contracts, which set forth selection a technicality if there is a theoretical pos- required to complete comprehensive plans procedures that are mandatory for state sibility that the bidder will otherwise obtain and specifications prepared by an in-house agencies and are discretionary for local an unfair advantage. Giving the bidder a engineer or outside consultant, then publicly agencies. In addition, some public agencies second chance after bid opening to decide advertise an invitation to bid, and award avoid the competitive bidding laws by whether (and possibly in what terms) he the contract to the lowest monetary bid- invoking enabling statutes for particular or she wants the contract is considered an der13 who is qualified to perform the work projects, such as revenue-producing infra- unfair advantage. and whose bid is responsive to the instruc- structure projects pursuant to Government Although full compliance with each tions to bidders. The bidding process Code Sections 5956 et seq., or a judicial provision of the IFB is always preferred, (excluding design) usually takes approxi- exception to competitive bidding when it an immaterial IFB requirement may be mately three to eight months from the time is undesirable or impossible to award on waived without prejudicing consideration the public entity advertises the project until a low-bid basis.23 Moreover, if there is an of the bid. A “minor irregularity” is the the time a contract award is made.14 emergency, the competitive bidding pro- failure to meet an IFB requirement that in Specifically, when initiating a public cedures may not be required, due to the no way bears on the bidder’s commitment works project, the agency will issue bid need to expedite rebuilding and to serve to perform the contract, either because 1) documents and must advertise the contract the public interest. the requirement is merely procedural; 2) for at least the minimum period of time as Award of public works contracts are the requirement is substantive but is satis- specified by state statute or local ordinance often delayed by protests from unsuccessful factorily met, although not in the precise for the particular agency.15 The agency’s bidders, taxpayers, or others with “bene- manner contemplated by the IFB; or 3) the method of obtaining bids depends on the ficial interest” or “public interest” stand - requirement not met is one calling for infor- type of work required and whether enabling ing.24 There are no uniform rules governing mation that relates not to the promise to legislation exists to permit award of the bid protests on California public works— perform but to independently verifiable contract to be based on factors other than each entity uses its own informal practices facts regarding the bidder’s status. In addi- the lowest bid price. For example, an invi- or established administrative procedures. tion, the failure to meet an IFB requirement tation for bid (IFB) is typically used for sim- A bid protest is usually initiated by a letter may be deemed a minor irregularity if the ple, routine services and awarded on the from a disappointed bidder to the public bid is affected only in a trivial way. basis of a low bid, while a request for pro- agency, alleging that the bid recommended The case of Menefee v. County of posal (RFP) is used for complex services in for award is not responsive to the IFB, a Fresno26 illustrates the application of these which professional expertise is needed due bidder is not responsible to perform the rules to bidding on public works projects. to different approaches or methods that may work, or that competitive bidding laws In Menefee, Brewer-Kalar was the low bid- be used during performance of the contract.16 have been ignored or circumvented in the der on a contract for the construction of The contractor is also bound by statu- bid evaluation process. In the case of a bid water, sewer, and street repairs. Brewer- tory procedural requirements in submitting that varies from the IFB or RFP, the protest- Kalar’s bid was deemed nonresponsive

18 Los Angeles Lawyer April 2018 because of Brewer-Kalar’s failure to sign The Public Contract Code prescribes unique city council or county board of supervi- the bid proposal sheet. However, Brewer- statutes for each category of state and local sors), the governor has broader powers Kalar’s principals initialed the bid elsewhere agencies that allow award of public works and can proclaim either a local or state on the bid form, and the bid bond was contracts without complying with public emergency. These acts authorize the under- properly signed. The court upheld award bidding laws when there is an emergency. taking of extraordinary police powers, of the contract to Brewer-Kalar on the Various Public Contract Code sections rescue, and cleanup. They also activate basis that it did not matter where the bid specifically exclude contracts from com- emergency pur chasing and contracting pro - was signed, so long as the appropriate par- petitive bidding requirements in the case ce dures. Similarly, but at a local level, the ties signed it. Accordingly, the court con- of an emergency, including, but not limited California Disaster Assistance Act36 autho- cluded that because Brewer-Kalar gained to: 10340(b)(1) (State agency), 20113 (K- rizes emergency contracting for repair, no advantage from the defect, a waiver of 12 school district), 20134(a) (counties), restoration of replacement of buildings, this immaterial defect by the public agency 20168 (cities), 20813 (fire protection dis- levees, flood control works, channels, irri- should be permitted. The facts of each pro- tricts), 20205.1 (public utility district), gation works, streets, toads, bridges, high- curement need to be thoroughly evaluated. 20213 (transit districts), 20567 (irrigation ways, and other public works damaged It is possible that under different facts, the districts), 20586 (water storage districts), or destroyed by a disaster (fire, flood, failure to properly sign a bid bond would 20654 (community college districts), and storm, tidal wave, earthquake, terrorism, be considered material. The key is whether 22050 (listed public agency actions). epidemic, or other similar public calamity the low bidder could have avoided entering that the governor determines presents a Emergency Exemption into the contract and gained an unfair threat to public safety).37 advantage by the mistake. According to the administrative provisions The emergency exemption to compet- It is important that an attorney who is of the Public Contract Code, which must itive bidding was used in Los Angeles after advising a public agency makes certain be read into each of the agency-specific the 1994 Northridge earthquake. Under that the public agency specifically reserves sections listed above,31 an emergency is the exemption, the Santa Monica Freeway the right under the contract to “waive defined as “a sudden, unexpected occur- was built on an expedited schedule without discrepancies or errors.” In that event, the rence that poses a clear and imminent standard competitive bidding require- public agency will be given a certain danger, requiring immediate action to pre- ments. The west side of Los Angeles was amount of discretion to determine whether vent or mitigate the loss or impairment of disconnected from downtown due to the the error or discrepancy is material on a life, health, property, or essential public collapse of the Santa Monica Freeway. case-by-case basis. services.”32 This includes natural disasters City officials declared an emergency, dis- The accepted bidder is not always the such as floods, fires, and earthquakes. pensed the competitive bidding require- lowest bidder in competitively bid public These types of emergencies are exemptions ments of the Public Contract Code, and contracts. Public contract statutes require to the bidding process in order to enable awarded the cost-plus-a-fee contract to a that the bid go to the “lowest responsive agencies to expedite construction and pro- contractor based upon expedited bidding responsible bidder.”27 The responsibility tect public safety.33 The goal of the emer- procedures and schedule requirements. determination allows government agencies gency exemption is to allow the governing The freeway damage was repaired in record to consider the trustworthiness, compe- agency to expedite construction to assist time, and the contractor was paid approx- tence, and capacity of the bidder.28 Typical the public with a prompt response to the imately $30 million under the emergency factors used by the public agency to eval- disaster. The individual or agency respon- exception. In addition to this project, sev- uate responsibility are financial resources, sible for proclaiming an emergency depends eral other demolition contracts resulting construction experience, and insurance on whether the emergency is state or local; from the earthquake were awarded without capacity.29 A public agency cannot find however, the governor has the broadest competitive bidding. Two of the contracts that one bidder is “more responsible” than power, which is established in Government awarded to a single firm had an estimated another. Once the contract requirements Code Sections 8550 et seq., the California cost of $2.2 million. are met, that bidder should be awarded Emergency Services Act. While the Emergency Services Act and the contract. There is no basis for awarding The California Emergency Services Act34 the Disaster Assistance Act primarily focus on “relative superiority.”30 authorizes the governor, chief executives, on what constitutes an “emergency” and A contractor who wants to protest the and governing bodies of local agencies to who can proclaim an emergency at state award of a public contract must first pursue “proclaim the existence of conditions of and local levels, the Public Contract Code all remedies available at the agency level disaster or of extreme peril to the safety sets forth emergency contracting procedures before seeking judicial relief. In other words, of persons and property…caused by such that vary based on the entity involved.38 the contractor must scrutinize the bid doc- conditions as air pollution, fire, flood, The acts tell us how and when to declare uments or any applicable agency regulations, storm, epidemic, riot, drought, sudden and an emergency, but the Public Contract or a combination of both, that provide for severe energy shortage, plant or animal Code outlines what to do to move forward specific procedures to protest award of the infestation or disease,…an earthquake or with contracting. For example, under Pub- contract. Upon final decision from the volcanic prediction, or an earthquake, or lic Contract Code Section 22050, in case awarding authority, a contractor may then other conditions, other than conditions of an emergency, a public agency taking seek judicial relief. There are various forms resulting from a labor controversy, which emergency action pursuant to one of 95 of relief that a court might award, including, are or are likely to be beyond the control separate enabling statutes may, pursuant but not limited to, ordering an injunction of the services, personnel, equipment, and to a four-fifths vote of its governing body, to halt the construction or ordering that facilities of that political subdivision and repair or replace a public facility, take any the entity reconsider the bids. require the combined forces of other polit- directly related and immediate action In the case of an emergency, state and ical subdivisions to combat….”35 While a required by that emergency, and procure local agencies can bypass standard com- local emergency may be proclaimed by the the necessary equipment, services, and sup- petitive bidding rules and avoid bid protests. governing body of a city or county (e.g., plies for those purposes, without giving

Los Angeles Lawyer April 2018 19 notice for bids to let contracts. Though public notice for bids to let contracts. If sions establish monetary caps and other competitive bidding is waived, there is no contracts are awarded when there is no cost limits for emergency public works con- exception regarding contract approval.39 true emergency, the court may set aside tracts. For example, under Section 20314(a), “The basic policy is to respond to the the award to ensure proper bidding pro- relating to counties, emergency work done emergency as circumstances demand and cedures take place.42 wholly or in part by contract must be paid then to obtain the formal approval(s) as Additionally, under Public Contract at “the actual cost of the use of machinery soon as practicable.”40 Before the project Code Section 20168, relating to cities, “[i]n and tools and of material, and labor and commences, however, the contract must case of an emergency, the legislative body of workers’ compensation insurance ex- be verbally approved by someone with may pass a resolution by a four-fifths vote pended by [the contractor] doing the work, authority at the agency.41 of its members declaring that the public plus not more than 15% to cover all profits Emergency repair projects that require interest and necessity demand the immediate and administration.” To avoid price gouging continuing or extensive development may expenditure of public money to safeguard by contractors, “no more than the lowest be structured in two parts. The first part life, health, or property.”43 Upon adoption current market prices shall be paid for mate- is focused on matters that need immediate of the resolution, the awarding body does rials whenever possible.”53 attention to ensure public safety. The second not need to comply with the standard bid- When damages caused by an emergency part consists of remaining repairs that are ding procedures outlined above.44 In other are so catastrophic that local and state not urgent, and therefore, the standard words, emergency contracts are exempt agencies need further assistance, the gov- bidding process is utilized. For example, from the standard advertising and compet- ernor can submit a presidential disaster in February 2017, the State of California itive bidding requirements.45 A public declaration to the president of the United declared an emergency when a series of agency, however, cannot escape the proce- States through the Federal Emergency events led to erosion of the Oroville Dam dures of competitive bidding by artificially Management Agency (FEMA). The Stafford emergency spillway. Due to high inflows creating its own emergency.46 Act54 authorizes FEMA to provide assistance to Lake Oroville, a crater developed in the An emergency can be declared in a to local and state agencies in such cases. main spillway of the Oroville Dam. As county when “repair or replacements are Sections 403 (Essential Assistance), 406 lake levels rose, the emergency spillway necessary to permit the continued conduct (Repair, Restor ation, and Replacement of was prepared for use for the first time since of county operations or services.”47 When Damaged Facilities), 407 (Debris Removal), the dam’s construction in 1968. Water was an emergency is declared within a county, and 421 (Fire Management Services) of The successfully diverted; however, the emer- the board of supervisors, by majority con- Stafford Act apply to major disaster assis- gency spillway began to erode quicker than sent, “may proceed at once to replace or tance programs and declarations. anticipated and 180,000 surrounding res- repair any and all structures without adopt- In order to obtain FEMA support, the idents were forced to evacuate. The repairs ing the plans, specifications, strain sheets, state must make a request within 30 days made to ensure stability of the Oroville or working details or, subject to the spec- of the disaster.55 The public assistance grant Dam emergency spillway were conducted ified statute, giving notice for bids to let program of FEMA provides grants to state, under state emergency public works con- contracts.”48 Emergencies declared by tribal, territorial, and local governments, tracting procedures. Pursuant to Public counties typically relate to overcrowding and certain types of private nonprofit orga- Contract Code Section 22050(c)(3), the in structures such as jails, juvenile facilities, nizations so that communities can quickly standard competitive bidding process was or courtrooms.49 respond to and recover from major disasters utilized for the remaining repairs, and the or emergencies.56 Through the program, Public School Standards Oroville Dam is currently undergoing con- the state can receive federal assistance of struction by Kiewit Infrastructure West Emergency repairs at public schools require “not less than 75 percent of the eligible Company with the assistance of the U.S. different voting standards. Accord ing to cost” for “debris removal, life-saving emer- Army Corps of Engineers. Public Contract Code Section 20113, “[i]n gency protective measures, and the repair, Before a governing body takes any emer- an emergency when any repairs, alterations, replacement, or restoration of disaster- gency action, however, it must make a find- work, or improvement is necessary to any damaged publicly owned facilities, and the ing based on substantial evidence set forth facility of public schools to permit the con- facilities of certain private nonprofit orga- in the minutes of its public meeting that tinuance of existing school classes, or to nizations.”57 The state then determines the emergency will not permit a delay avoid danger to life or property, the board how the remaining 25 percent is paid. resulting from a competitive solicitation may, by unanimous vote, with the approval Federal support typically includes general for bids and that the action is necessary to of the county superintendent of schools… resources such as utilizing, lending, or respond to the emergency. If the governing [m]ake a contract in writing…without donating federal equipment, supplies, facil- body orders emergency action, the gov- advertising for bids.”50 Further more, the ities, and personnel.58 Requests for disaster erning body must review the emergency same definition of “emergency” applies relief can be made through www.fema.gov. action at its next regularly scheduled meet- for public schools and local agencies.51 While FEMA funding requires certain fed- ing and at every regularly scheduled meeting Public Contract Code Section 20314 eral-aid contract provisions and procedures, thereafter until the action is terminated to provides an exemption from obtaining bids state and local agencies must follow the determine by a four-fifths vote that there for jail facilities when “the sheriff certifies contracting procedures set forth in the is a need to continue the action. If the gov- that the inmate capacity of the county jail Public Contract Code. erning body meets weekly, it may review system is exceeded by more than 20 percent The purpose behind the emergency the emergency action in accordance with and that the overpopulation is likely to con- exemption to competitive bidding is to ex- Public Contract Code Section 22050(c)(1) tinue and poses a threat to public safety.”52 pedite construction to protect the public in every 14 days. It must terminate the action Section 20314 also provides exemptions a true emergency or disaster. This is a pre- at the earliest possible date that conditions for court and juvenile facilities. liminary checklist for lawyers when hand - warrant so that the remainder of the emer- To ensure proper use of taxpayers’ ling a public works emergency contract: gency action may be completed by giving money, some Public Contract Code provi- • Confirm that the public agency has

20 Los Angeles Lawyer April 2018 declared an emergency in accordance with 20145), Counties of 500,000 or Less Population Superior Ct. 7 Cal. 3d 861 (1972). (§§20150–20150.14), Boards of Supervisors–County 31 Marshall v. Pasadena Unified Sch. Dist., 119 Cal. the law and its procedures by requesting Highways (§§20390–20398), Boards of Supervisors– App. 4th 1241 (2004). a copy from the contracting officer, review- County Bridges or Subways (§§20400–20409), and 32 PUB. CONT. CODE §1102. ing governing body meeting minutes or, Alternative Procedures For Public Agencies Adopting 33 See Paul Jacobs, Earthquake Lifelines of LA, L.A. if necessary, through a Public Records Uniform Construction Cost Accounting Procedures TIMES (Feb. 16, 1994) at 56. 34 Act59 request. If an emergency is declared, (§§22000–22045); Arbitration of Public Works GOV’T. CODE §§8550-8668. Contract Claims (§§22200–22201); Withheld Contract 35 GOV’T. CODE §8558. lawyers need to ensure the declaration is Funds (§22300); and Year 2000 Problem (§§22350– 36 GOV’T. CODE §§8680-92. made in accordance with Public Contract 22355). 37 GOV’T. CODE §§8680.3, 8680.4. Code Section 1102 and other emergency 3 The California Public Contract Code broadly defines 38 California’s procedures are similar to other states. exemption statutes applicable to the public “public entity” as the state, county, city, city and For example, in New York, the public contract statutes entity. county, district, public authority, public agency, munic- allow one agency to declare an emergency when the ipal corporation, or any other political subdivision or emergency impacts public buildings or public property. Once the emergency is declared and it is • public corporation in the state. PUB. CONT. CODE N.Y. GEN. MUN. LAW §103(4). In Louisiana, all public legally appropriate, be aware of the time- §1100. bidding is required if the contract exceeds $100,000. lines for bidding issues. In most cases, due 4 PUB. CONT. CODE §1101. The Uniform Public Con - However, there is an exception for emergency when to the emergency, the bidding process will struction Cost Accounting Act defines “public agency” an emergency is declared by a public official, compet- be very quick (one or two weeks versus and “public project” differently, and specifically ex- itive bidding laws do not apply. LA. REV. STAT. three or more months under standard com- cludes “maintenance work” as defined. PUB. CONT. §38:2212. CODE §22000 et seq. 39 STATE CONTRACTING MANUAL, supra note 16, at 27. petitive bidding), and work can commence 5 CAL. CONST. art. XI §3(a). 40 Id. at 44. upon verbal contract from someone with 6 PUB. CONT. CODE §1100.7. 41 See id. at 113. authority within the applicable agency. 7 HARRY D. MILLER & MARVIN B. STARR, 4 CAL. REAL 42 Marshall v. Pasadena Unified Sch. Dist., 119 Cal. Ensure that projects are structured so EST. DIGEST 3D PUBLIC WORKSAND CONTRACTS §3 App. 4th 1241 (2004). • 43 that only true emergency work is awarded (2002) [hereinafter MILLER & STARR]; see also PUB. PUB. CONT. CODE §20168. CONT. CODE §100. 44 Id. without competitive bidding and follow- 8 Domar Elec., Inc. v. City of Los Angeles, 9 Cal. 4th 45 STATE CONTRACTING MANUAL, supra note 16, at 27. on work complies with standard compet- 161, 173 (1994). 46 See Marshall, 119 Cal. App. 4th 1241, 1245. (School itive bidding requirements. 9 See Miller v. McKinnon 20 Cal. 2d 83, 88 (1942). district’s decision to terminate construction contract • Include audit provisions with the right 10 Kajima/Ray Wilson v. Los Angeles County Metro. with a company, and then to award that contract to a to recoup overpayments in the contracts Transp. Auth., 1 P. 3d 63, 68 (Cal. 2000). second company without public bidding, did not con- 11 See PUB. CONT. CODE §100. stitute an “emergency.”). so that only authorized and allowable costs 12 University of California, California State University, 47 PUB. CONT. CODE §20134. are paid for and do not exceed monetary school districts, counties, cities, and special districts 48 PUB. CONT. CODE §20134(a). caps or reimbursement limits from funding have unique dollar thresholds for triggering competitive 49 See PUB. CONT. CODE §20134. agencies. bidding. See, e.g., PUB. CONT. CODE §20162 for cities. 50 PUB. CONT. CODE §20113; see also Los Angeles • Do not abandon good contracting 13 For professional services, such as civil engineering Unified Sch. Dist. v. Great Am. Ins. Co. (2008) 49 practices. Even though contracts may be or architecture, the public agency does not have to Cal. 4th 739 (holding that award of construction con- choose the lowest bidder due to the quality of service tract without competitive building was lawful because awarded on an expedited basis, awarding that may be required. See e.g., Los Angeles Unified prior contractor’s sudden default was proper declaration bodies should perform a due diligence inves- Sch. Dist. v. Great Am. Ins. Co., 78 Cal. Rptr. 3d 99 of emergency). tigation of contractors before award, and (2008), review granted and opinion superseded, (Sept. 51 Marshall, 119 Cal. App. 4th at 1245. ensure that adequate insurance, payment 17, 2008) (emergency procedures as applied to public 52 See PUB. CONT. CODE §20134(a) relating to coun- and performance bonds, warranty and school project). ties. 14 Bid protests may delay the process by one to three 53 PUB. CONT. CODE §20134. correction obligations, and clear payment, months. 54 Robert T. Stafford Disaster Relief and Emergency withholding, change order and final com- 15 E.g., 10 days for cities. PUB. CONT. CODE §20164. Assistance Act, 42 U.S.C. §§5121–5208 (2007). pletion and project closeout requirements 16 CAL. DEPT. OF GEN. SERVS., STATE CONTRACTING 55 44 C.F.R. § 206.40; see also FEMA, PUBLIC ASSIST- are included in the contract. Al though com- MANUAL, http://www.dgs.ca.gov/ols/Resources ANCE PROGRAM AND POLICY GUIDE (April 2017), avail- petitive bidding procedures will not apply, /StateContractManual.aspx (last visited Mar. 1, 2018) able at https://www.fema.gov/media-library-data [hereinafter STATE CON TRACTING MANUAL]. /1496435662672d79ba9e1edb16e60b51634af00f490ae the overarching policy of preventing waste 17 PUB. CONT. CODE §§4100 et seq. /2017_PAPPG_2.0_508_FINAL(2).pdf [hereinafter of public funds still applies. 18 LAB. CODE §1725.5. PUB LIC ASSISTANCE PROGRAM AND POLICY GUIDE]. • Be aware of any changes with the public 19 Taylor Bus. Serv., Inc. v. San Diego Bd. of Educ., 56 Public Assistance: Local, State, Tribal and Private contracting process.60 It is vital to stay cur- 195 Cal. App. 3d 1331, 1341 (1987). Non-Profit, FEMA, https://www.fema.gov/public-assis- rent with local, state, and federal statutes 20 MILLER & STARR, supra note 7. tance-local-state-tribal-and-non-profit (last visited Sept. 21 MCM Const., Inc. v. City & County of San 5, 2017). and regulations regarding emergency pro- Francisco, 66 Cal. App. 4th 359, 368 (1998). 57 PUBLIC ASSISTANCE PROGRAMAND POLICY GUIDE, cedures, as failure to comply could invali- 22 Konica Bus. Mach. USA v. Regents of Cal., 206 supra note 55. date the contract, leading to project delays Cal. App. 3d 449 (1988); Valley Crest Landscape, 58 42 U.S.C. §5170(a). and added costs. Inc. v. City Council, 41 Cal. App. 4th 1432 (1996). 59 GOV’T. CODE §§6250 et seq. • Review the FEMA application process 23 See Los Angeles Dredging Co. v. City of Long Beach, 60 For example, some states such as New Jersey have and qualifying emergencies so local and 210 Cal. 348 (1930); Graydon v. Pasadena included limitation on the emergency exemption. This Redevelopment Agency, 104 Cal. App. 3d 631 (1980). includes limiting the amount of the contract and with- state agencies can timely seek federal 24 See SJJC Aviation Servs., LLC v. City of San Jose, holding payment until the service has been provided. assistance as necessary to offset some of the 12 Cal. App. 5th 1043 (2017). N.J. STAT. ANN. §40A:11-6. In Oklahoma, the legis- financial burden of emergency projects. n 25 Valley Crest Landscape v. County of Fresno, 163 lature added a monetary limit that can be spent under Cal. App. 3d 1175 (1985). the emergency exception. OKLA. STAT. ANN. tit. 61, 26 Menefee v. County of Fresno, 163 Cal. App. 3d §130. In California, currently, the only limitation on 1 PUB. CONT. CODE §22050. 1175 (1985). the emergency exception is that a majority vote by 2 The Public Contract Code currently is divided into 27 See, e.g., PUB. CONT. CODE §20921. the agency in charge is required before a void of the the following major sections: Purpose and Preliminary 28 See Boydston v. Napa Sanitation Dist., 222 Cal. contract and the governing body must meet regularly Matters (§§100–102); Administrative Provisions App. 3d 1362, 1368 (1990). to continually confirm by vote that there is a need to (§§1100–9203); Contracting by State Agencies 29 PUB. CONT. CODE §1103. continue the emergency action. PUB. CONT. CODE (§§10100–19102); Contracting by Local Agencies 30 See City of Inglewood-Los Angeles County v. §22050. (§§20100–22109), including Counties (§§20120–

Los Angeles Lawyer April 2018 21 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 25. 2017ETHICS ROUNDUP California lawyers confronted ethical issues involving conflict of interest, work product and attorney-client protections, and malicious prosecution

the State Bar to Montenegro, which has no extradition LAST YEAR, 4 by JOHN W. AMBERG of Calif ornia treaty with the United States. Wall’s attor- was radically restructured, and the influ- ney denied any wrongdoing by Wall. and JON L. REWINSKI ence of its 190,000 active members reduced Conflicts of Interest by the legislature and Governor Jerry Brown, with the acquiescence of the Last year, several lawyers charged with California Supreme Court.1 After 90 years conflicts of interest escaped disqualifica- as a unified bar, the State Bar was segre- tion. In Beachcomber Management Crystal gated, effective January 1, 2018, with prac- Cove, LLC v. Superior Court,5 nonmanag- tice sections spun off into a voluntary asso- ing members of a limited liability company ciation and core regulatory functions of (Beachcomber) brought a derivative lawsuit admissions and discipline retained in a on behalf of the company against the man- shrunken remnant. The new law reduced aging member and its principal. They suc- the board of trustees to 13, including six cessfully moved to disqualify defense coun- nonlawyers, and eliminated the election sel Kohut & Kohut on the grounds that of trustees by lawyers. Now, all trustees in a derivative suit the company is the true will be appointed by the legislature, gov- plaintiff and the firm had previously rep- ernor, and supreme court.2 resented Beachcomber and obtained its The #MeToo movement against sexual confidential information in substantially harassment in the workplace claimed Judge related matters. Alex Kozinski of the Ninth Circuit Court The Fourth District Court of Appeal of Appeals, who resigned after 15 former issued a writ of mandate to vacate the dis- clerks accused him of inappropriate touch- qualification order, holding the trial court ing and lewd behavior.3 had failed to determine “whether the insid- The Los Angeles Sheriff’s Department ers possessed or had access to the same identified a suspect in the 2009 murder of confidential information as the attorney Jeffrey Tidus, a respected litigator and who previously represented the company.”6 member of LACBA’s Professional Res - If so, Kohut’s representation of insiders in ponsibility and Ethics Committee. Richard the derivative suit would not threaten its Wall, also suspected in two other profes- lawyers’ duty to the company because the sional hits tied to legal disputes, was traced insiders already were privy to all of the

John W. Amberg is a partner in the Los Angeles office of Bryan Cave LLP, and Jon L. Rewinski is a partner in the Los Angeles office of Locke Lord LLP. They are former chairs, and Amberg is a current member, of LACBA’s Professional Responsibility and Ethics Committee. Amberg is also a former chair, and Rewinski a former member, of the California State Bar’s Committee on Professional Responsibility and Conduct.

22 Los Angeles Lawyer April 2018 RICHARD EWING

company’s confidential information.7 National Grange’s confidential information based on his previous The Fourth District Court of Appeal re versed another disqual- work, the district court nevertheless declined to disqualify the ification in Lynn v. George.8 Angelica Lynn and Angel Lynn Realty, Ellis firm because it had rebutted the presumption of shared con- Inc. (ALR) sued Steve George and his real estate investment fidences by screening Valenti from working on the Lanham Act company Real Estate Portfolio Management, LLC (REPM), alleging case. The notice was a clerical error.13 the parties had orally agreed to form a partnership to purchase Attorney-Client Privilege and flip properties. The defendants admitted ALR had acted as a broker and property manager but denied any partnership. Lawyers who improperly use an adversary’s privileged commu- During negotiations to sell one of the properties, lawyer Kevin nications risk disqualification, even if they have a good faith belief Spainhour communicated with Lynn by e-mail and phone, and that the privilege was waived. Nearly twenty years ago the court copied her on his e-mail messages to George. The plaintiffs moved in State Com pensation Insurance Fund v. WPS, Inc. held that a to disqualify Spainhour from representing the defendants in the lawyer who receives documents that appear to be privileged and lawsuit. The trial court found that the lawyer represented REPM to have been inadvertently disclosed may review the documents and that his legal advice related solely to ALR’s work as REPM’s no more than necessary to determine whether they are privileged, broker but nevertheless disqualified him, reasoning that he had must notify the privilege holder the lawyer has documents that a “confidential nonclient relationship” with the plaintiffs and a appear to be privileged, and must refrain from using the documents “potential attorney-client relationship” with the alleged part - until the parties or the court resolves any dispute about their priv- nership.9 The appellate court reversed, holding that since none ileged nature.14 This past year, the Fourth District Court of Appeal of the communications to the lawyer disclosed information con- concluded in McDermott Will & Emory LLP v. Superior Court fidential to the plaintiffs, there was no confidential relationship that the State Fund duties apply not only to privileged documents between them.10 A potential attorney-client relationship was not inadvertently produced by opposing counsel during discovery, but sufficient to overcome the important right of defendants to their also to privileged documents that the privilege holder inadvertently long-standing counsel of choice.11 shares with others.15 Ethical screens can insulate lawyers from disqualifying conflicts. Certain family members sued Mc Dermott Will & Emory and Attorney Anthony Valenti was employed by the Porter Scott law partner Jonathan Lurie for legal malpractice allegedly for con- firm from March to October 2014, and billed 26 hours on a currently representing them and other family members notwith- state court lawsuit brought by the firm on behalf of National standing conflicts of interest and for preparing trust documentation Grange of the Order of Patrons of Husbandry (National Grange) that did not satisfactorily address control of the family holding against California Guild. He did not work on a second case in company. Gibson Dunn represented McDermott Will and Lurie. federal court between the same parties, National Grange v. Previously, the family’s patriarch forwarded to family members California Guild, brought under the Lanham Act.12 After leaving a privileged e-mail from his personal lawyer. Those family members, Porter Scott, Valenti joined the Ellis Law Group which began in turn, distributed the e-mail to Lurie, other (including adverse) defending California Guild in the federal case in 2016. When family members and the holding company’s financial advisor. California Guild filed a notice that Valenti would be one of its The privileged e-mail was in circulation for about a year when attorneys of record, National Grange moved to disqualify the Gibson Dunn used it during depositions over the objection of entire Ellis law firm. Finding that Valenti was “tainted” with the patriarch’s lawyer. Gibson Dunn reasonably contended that

Los Angeles Lawyer April 2018 23 the privilege had been waived. The trial court nevertheless con- ment of the purpose for which the lawyer was consulted and, cluded that the patriarch’s inadvertent disclosure of the e-mail therefore, not privileged.19 “There may be situations in which did not waive the privilege and disqualified Gibson Dunn. The an attorney’s use of a public relations consultant to develop a lit- appellate court denied McDermott Will and Lurie’s writ petition, igation strategy or a plan for maneuvering a lawsuit into an holding that Gibson Dunn’s reasonable belief did not vitiate the optimal position for settlement would make communications lawyers’ State Fund duties. Gibson Dunn presumably had infor- among the attorney, the client, and the consultant reasonably mation that could be used advantageously against the patriarch. necessary for the accomplishment of the purpose for which the By using the patriarch’s privileged communication before a court attorney was consulted. But this is not that case.”20 Interestingly, that resolved the dispute over waiver, Gibson Dunn assumed the the court declined to analyze whether the lawyer’s communications risk of disqualification. with the public relations consultant could be protected as attorney Longstanding, acrimonious probate litigation was also the work product because Behunin provided no legal argument or context for the First Ap pellate District’s 2017 decision in Fiduci - authorities to support the application of that doctrine.21 ary Trust International of California v. Klein, in which the court Attorney Work Product addressed the extent to which a successor trustee controls the privilege as to communications between predecessor trustees and As between a lawyer who creates work product and that lawyer’s counsel.16 Pre viously, trustees of the Mark Hughes Family Trust law firm, who holds the right to assert or waive the work product had been removed for failing to exercise reasonable prudence in privilege? In Tucker Ellis LLP v. Superior Court, the First District connection with the trust’s sale of Tower Grove, a 157-acre parcel Court of Appeal concluded that, under the circumstances of this of previously undeveloped Beverly Hills property. As Mark case, the law firm—as opposed to the lawyer—controlled the Hughes’s only child asserted multimillion dollar surcharge claims privilege.22 Attorney Evan Nelson, who specialized in asbestos against the former trustees, the interim successor trustee, Fiduciary defense, sued his former law firm, Tucker Ellis, for negligence, Trust International, demanded that the former trustees turn over interference with contract and prospective economic advantage, all trust documents, including communications between the former invasion of privacy, and conversion after Tucker Ellis produced trustees and their lawyers paid for with trust funds. The probate in response to a subpoena work product that Nelson had created court ordered the former trustees to turn over some privileged while Nelson worked at Tucker Ellis. Following the production, communications but not others. Nelson’s work product—correspondence with certain scientific The First District Court of Appeal af firmed in part and reversed consultants on the causes of mesothelioma—was posted on the in part. A successor trustee acquires the authority to assert the Internet, which, Nelson claimed, compromised his ability to retain attorney-client privilege with respect to confidential communi- experts and resulted in the loss of his job. Because Tucker Ellis, cations between a predecessor trustee and his or her lawyers as opposed to Nelson, retained the scientific consultants and involving legal advice on trust administration, but a predecessor Nelson created the work in his capacity as a Tucker Ellis employee, trustee retains the authority to assert the privilege with respect the court concluded that Tucker Ellis controlled the attorney to confidential communications with his or her personal lawyers work product privilege.23 arising from a genuine concern for possible future charges for Practical considerations support this conclusion. When multiple breach of fiduciary duty when the trustee personally pays for the current and former lawyers create the work product, it would be legal advice.17 The probate court did not hold the predecessor difficult to track them down and resolve disagreements over trustees to their burden of proof. They could not establish their whether to assert or waive the privilege.24 privilege claim by simply characterizing a particular communication Sargon Enterprises, Inc. v. Browne George Ross LLP provides as relevant to a defense against the beneficiary’s claims. Rather, important guidance on the effect of an arbitration clause in a they needed to focus on the relationship between the predecessor retainer agreement on a former client’s legal malpractice claim.25 trustees and the lawyers when the communications occurred. Unhappy with the results of long-running litigation against the And, to preserve a claim of personal privilege, the predecessor University of Southern California, Sargon filed in court a mal- trustees were required to take some affirmative steps at the time practice claim against its former lawyers, Brown George Ross of the communications to distinguish the communications from LLP, notwithstanding a mandatory arbitration clause in their trust property. The appellate court therefore remanded the matter retainer agreement and Sargon’s prior release of malpractice for further analysis. claims. The court granted the law firm’s petition to compel arbi- tration. The JAMS arbitrator summarily denied Sargon’s mal- Privileged Communicaitons practice claim because of the release and, on the law firm’s breach A lawyer’s communications with a media consultant may not be of contract counterclaim, awarded the law firm $200,000 in privileged, as illustrated in the Second District Court of Appeal’s general damages, based primarily on the fees and costs incurred 2017 decision in Behunin v. Superior Court.18 Nicholas Behunin in compelling arbitration of Sargon’s malpractice claim. The sued Charles Schwab and his son, Michael, for not funding a real superior court confirmed the award. Notwithstanding the limited estate development venture. Behunin’s lawyer retained a public rela- judicial review generally afforded arbitration awards, the appellate tions consultant to create a social media campaign to induce the court reversed the portion of the judgment awarding the law Schwabs to settle. Behunin and the lawyer created a website, firm $200,000 in damages on its counterclaim. “[T]here is nothing www.chuck-you.com, purporting to link the Schwabs to corruption, to prevent one of the parties to a contractual arbitration provision human rights violations, and atrocities associated with former from resorting initially to an action at law” and, thereby, forcing Indonesian dictator Mohammad Suharto and his family. the other party to compel arbitration. 26 A right to compel arbi- The Schwabs sued Behunin and his lawyer for libel and slander. tration is not self-executing.27 Thus, Sargon did not breach the A discovery referee ordered production of correspondence among retainer agreement’s arbitration provision by first filing its mal- Behunin, his lawyer, and the consultant. The appellate court practice action in superior court and the arbitrator’s damage denied Behunin’s writ petition. The trial court did not abuse its award had the effect of depriving Sargon of a statutory right— discretion in concluding that the lawyer’s communications with namely, the right to test in court the validity and enforcement the consultant were not reasonably necessary for the accomplish- of the parties’ arbitration clause.

24 Los Angeles Lawyer April 2018 MCLE Test No. 277 MCLE Answer Sheet #277 ETHICS ROUNDUP 2017

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Name Legal Education ethics credit by the State Bar of California in the amount of 1 hour. You may take tests from back issues online at http://www.lacba.org/mcleselftests. Law Firm/Organization

1. On January 1, 2018, the State Bar of California de- the work product doctrine, not the individual lawyers. Address unified, spinning off its trade association activities True. City from its regulatory functions. False. State/Zip True. 12. E-mail False. A right to compel arbitration is not self-executing, and a client does not breach a retainer agreement Phone 2. In a derivative lawsuit, the corporation is the true with a mandatory arbitration clause by suing the State Bar # plaintiff, which may create a conflict of interest for lawyers. former corporate counsel defending the suit. True. INSTRUCTIONS FOR OBTAINING MCLE CREDITS True. False. False. 1. Study the MCLE article in this issue. 13. A comparative fault instruction is improper in a 3. 2. Answer the test questions opposite by marking If corporate insiders sued in a derivative lawsuit jury trial for professional negligence. the appropriate boxes below. Each question were privy to the corporation's confidential information, True. has only one answer. Photocopies of this corporate counsel may avoid disqualification. False. answer sheet may be submitted; however, this True. form should not be enlarged or reduced. 14. False. Receipt of a motion to withdraw is reasonable notice that the lawyer had stopped working for the 3. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to: 4. A lawyer will be disqualified if he or she has a client. conflict of interest based on a potential attorney-client True. Los Angeles Lawyer relationship. False. MCLE Test P.O. Box 55020 True. 15. Los Angeles, CA 90055 False. Probable cause for a claim is established if the court rules for the plaintiff on the merits, even if the Make checks payable to Los Angeles Lawyer. 5. A lawyer who has knowledge of the opposing party's ruling is later overturned. 4. Within six weeks, Los Angeles Lawyer will confidential information cannot be screened, and his True. return your test with the correct answers, a or her entire law firm will be disqualified. False. rationale for the correct answers, and a True. certificate verifying the MCLE credit you earned 16. False. The "interim adverse judgment rule" does not through this self-study activity. apply if the plaintiff prosecuted the claim in bad faith. 5. For future reference, please retain the MCLE 6. Lawyers who use an adversary's privileged com- True. test materials returned to you. munication may be disqualified, even though they False. have a good faith belief that the privilege was waived. ANSWERS 17. True. A fair and true report in a public journal about a Mark your answers to the test by checking the False. judicial proceeding is privileged. appropriate boxes below. Each question has only True. one answer. 7. A lawyer receiving a privileged document that False. appears to have been inadvertently disclosed must 18. 1. n True n False notify the privilege holder. The litigation privilege does not protect statements 2. True False True. to persons who lack a substantial interest in the liti- n n False. gation, including the press. 3. n True n False True. 4. n True n False 8. A lawyer's duties are different depending on whether False. the privileged document was disclosed by the privilege 5. n True n False 19. holder or by opposing counsel in discovery. An attorney's demand letter may be protected by 6. n True n False the litigation privilege, but only if its threat to com- True. 7. n True n False False. mence litigation is made in good faith. True. 8. n True n False 9. A successor trustee acquires the authority to assert False. 9. n True n False or waive the attorney-client privilege for communica- 10. n True n False tions between a predecessor trustee and a lawyer for 20. A lawyer's failure to get an individual client's sig- the trust. nature on an engagement letter renders the contract 11. n True n False True. voidable. 12. n True n False True. False. 13. n True n False False. 10. An attorney's communications with a media con- 14. n True n False sultant are privileged, whether or not reasonably nec- 15. n True n False essary to accomplish the purpose for which the attorney was consulted. 16. n True n False True. 17. n True n False False. 18. n True n False 11. If multiple lawyers in a law firm create work product, 19. n True n False the firm controls the right to waive protection under 20. n True n False

Los Angeles Lawyer April 2018 25 In Yale v. Brown, the Second District Court of Appeal issued arguing their business plan was developed before they joined the apparently the first published California appellate opinion approv- company and no trade secrets were misappropriated. In opposition, ing a comparative fault instruction in a legal malpractice action.28 Latham, representing the former employer, submitted declarations The former client claimed that her trust and estates lawyer improp- by two experts who opined the plan could not be implemented erly transmuted her separate property into community property. without using the company’s trade secrets. The superior court Noting that legal malpractice claims are a subset of negligence denied the motion. At a bench trial, in which the former employees actions and comparative fault principles apply in all actions for prevailed, the court found that the former employer had pursued negligence resulting in injury to person or property, the court the action in “subjective bad faith,” primarily to thwart a com- concluded that the evidence in this case supported a comparative peting business, and in “objective bad faith,” because it knew or fault instruction. “It is undisputed that [plaintiff] read the granting should have known it lacked sufficient evidence to initiate or clauses of the deeds, saw the change from separate property to continue the lawsuit.36 The court of appeal affirmed, noting that community property in two of the deeds, and was entirely con- at trial the experts admitted, contrary to their declarations, that versant with the issue….”29 In an earlier marriage that had ended there was no scientific methodology to predict the likelihood of in divorce, the plaintiff had lost assets because some of her trade secret misuse.37 separate property had been transmuted to community property. Parrish and Fitzgibbons sued Latham and partner Daniel Based on her existing knowledge and her decision to remain Scott Schecter for malicious prosecution. The tort has three ele- silent, the court of appeal concluded it was appropriate for the ments: the underlying case was initiated or maintained without jury to evaluate whether the client’s failure to inquire contributed probable cause, was brought with malice, and was terminated to her situation.30 The jury decreased the plaintiff’s damages by in the original defendant’s favor.38 The existence of probable ten percent. Because the plaintiff had dismissed her breach of cause is a question of law to be determined as an objective mat- fiduciary duty claim prior to trial, the court did not have an ter—whether, on the basis of the facts known to the original opportunity to determine the availability of a comparative fault plaintiff, the filing of the case was legally tenable.39 In Wilson v. instruction in response to a breach of fiduciary duty claim. Parker, Covert & Chidester,40 the supreme court adopted the Flake v. Neumiller & Beardslee illustrates the importance— “interim adverse judgment rule,” holding that probable cause is for purposes of managing legal malpractice exposure—of taking established if the trial court rules on the merits in favor of the action so that a client has an objectively reasonable belief that underlying plaintiff, unless procured by fraud or perjury, even if the lawyer-client relationship has ended.31 Code of Civil Procedure the ruling is overturned by a later ruling. In response to the mali- Section 340.6 generally requires an action against an attorney to cious prosecution complaint, Latham filed an anti-SLAPP motion, be brought within one year of when a client should reasonably relying in part on the superior court’s order denying summary have discovered the wrongful act or omission or within four judgment, which, it argued, established probable cause. The years of the wrongful act or omission, whichever occurs first. motion was granted, and the court of appeal affirmed.41 But the limitations period is tolled while “the attorney continues On supreme court review, Parrish and Fitzgibbons argued the to represent the plaintiff regarding the specific subject matter in interim adverse judgment rule should not apply because their which the alleged wrongful act or omission oc curred.”32 former employer brought the suit in bad faith, but a unanimous Unfortunately, “[t]he end of an attorney-client relationship is court declined to create a bad faith exception. It concluded that not always signaled by a bright line…”33 In Flake, a group of just because the trial court had found the underlying suit was plaintiffs, including Stanley Flake and attorney Richard Sinclair, “objectively specious” did not mean the action completely lacked lost their underlying case over a real estate investment. Their merit. Reiterating the very low bar for probable cause set in Zamos counsel of record, Neumiller & Beardslee, filed a motion to v. Stroud,42 the court stated that only those actions any reasonable withdraw on November 25, 2009, as posttrial motions in the attorney would agree are “totally and completely without merit” underlying case were pending. The motion stated that attorney may support a malicious prosecution suit.43 The court also refused Sinclair (one of the plaintiffs) would handle posttrial motions appellants’ invitation to create an exception because the interim and an appeal. The Neumiller firm’s motion to withdraw being ruling denying summary judgment was based on “materially false” unopposed, the trial court granted it on January 7, 2010. Flake expert declarations. Fraud and perjury were not before the court, filed a malpractice claim against the Neumiller firm on January it noted, and a litigant is entitled to rely on favorable inferences in 6, 2011—that is, more than one year after Flake had received a bringing a suit, even if the inferences later prove false.44 copy of the motion to withdraw, but less than one year after the Fair Report Privilege motion had been granted. In Flake, the Third Appellate District affirmed the trial court’s summary judgment in favor of the In Argentieri v. Zuckerberg,45 Facebook’s general counsel Colin Neumiller firm and its attorneys contending that Flake’s mal- Stretch escaped potential liability for defamation by invoking practice claims were time barred. Although “Flake may have the fair report privilege in Civil Code Section 47(d)(1), which (subjectively) thought otherwise, any objectively reasonable client provides that a “fair and true report in, or a communication to, would have understood on receipt of the motion to withdraw a public journal” about a judicial proceeding is privileged. In that Neumiller had stopped working on the case.”34 That attorney 2010, Paul Ceglia sued Mark Zuckerberg and Face book, alleging Sinclair disputed that he had agreed to handle posttrial motions that he owned 84 percent of the company based on a 2003 “work and appeal did not create a triable issue of material fact. for hire” contract. The verified complaint was filed by attorney Paul Argentieri. When the contract was exposed as a fabrication, Malicious Prosecution the suit was dismissed, and Zuckerberg and Facebook sued In Parrish v. Latham & Watkins,35 the Supreme Court considered Argentieri and Ceglia’s other lawyers for malicious prosecution. whether a bad faith exception should be created for the “interim On the same day that the malicious prosecution suit was filed, adverse judgment rule” in malicious prosecution cases. William Stretch sent a gloating e-mail to media outlets stating that the Parrish and E. Timothy Fitzgibbon were sued by their former lawyers had knowingly pursued the case based on forged documents employer for misappropriation of trade secrets after they left to and now should be held to account. Although Argentieri was not start their own business. They moved for summary judgment, named in the e-mail, he ensured his notoriety by suing Facebook,

26 Los Angeles Lawyer April 2018 Zuckerberg, and Stretch for defamation. The superior court granted he did. As Cosby’s attorney, Singer was speaking for Cosby, and the defendants’ anti-SLAPP motion to the defamation complaint, Cosby knew whether he sexually assaulted Dickinson. “Cosby’s and the First District Court of Appeal affirmed, although not on agent’s absolute denial is a factual one.”51 The press release con- the same grounds. The appellate court agreed that the suit was tained similar language.52 As a result, the suit would proceed barred by the fair report privilege but, displaying the antipathy against both Cosby and his lawyer. many courts have to litigating in the press, rejected an alternative Getting paid argument based on the litigation privilege. The litigation privilege, the court held, does not protect statements that do not further the In Leighton v. Forster,53 an attorney unsuccessfully sued to recover object of the lawsuit, or statements made to persons who lack a payment for her services over several years. Between 2004 and substantial interest in the litigation, including the press.46 Because 2007, Sheryl Leighton was a contract attorney for lawyer Robert Stretch admitted he sent his e-mail to “set the public record James in Berkeley and performed legal services for his clients straight,” it was a publication to the general public through the Bob and Rochelle Forster. After James died, Bob asked Leighton press, and not protected by the litigation privilege.47 to continue doing their legal work in connection with a lawsuit against their business partners. Leighton sent the Forsters an Demand letters engagement letter in May 2007, but they never signed it. Bob Los Angeles attorney Martin Singer earned a well-deserved rep- made partial payments to the lawyer, but when he died in May utation for aggressive advocacy on behalf of his celebrity clients 2008, the suit was still ongoing, and Leighton was owed more and has elevated the demand letter to a fearsome art form. In than $100,000. Leighton had dealt with Bob only, and Rochelle 2017, however, in Dickinson v. Cosby,48 a Singer demand letter knew nothing about the suit or legal bills. The lawyer withdrew and press release for his client Bill Cosby plunged them into from the representation in August 2008. trouble. In 1982, model Janice Dickinson allegedly was drugged In 2012, Leighton sued Rochelle for nearly $115,000 in and raped by Cosby but, fearing retaliation, did not report the unpaid legal services, alleging breach of contract and account crime. She told the ghost writer of her 2002 autobiography, but stated. The superior court granted Roch elle’s motion for summary the publisher’s legal department refused to publish the rape alle- judgment, and Leighton appealed. The First District Court of gation without corroboration. In 2014, Dickinson described Appeal affirmed, holding that the lawyer’s failure to get the the alleged assault in a television interview. Identifying himself clients’ signatures on the May 2007 engagement letter under as Cosby’s attorney, Singer sent a demand letter to media outlets, Business and Professions Code Section 6148(a) rendered it denouncing the story as a recent fabrication and warning them voidable under Section 6148(c).54 Leighton could not prove an not to disseminate it under threat of litigation. In a follow-up implied in-fact contract based on prior payments as a contract press release, Singer repeated that Dickinson’s story was a lie. lawyer, because her legal services after May 2007 were materially Dickinson sued Cosby, alleging that Singer’s demand letter different.55 Her quantum meruit claim was barred by the two- and press release were defamatory and the entertainer had ratified year statute of limitations in Code of Civil Procedure Section them. Cosby filed an anti-SLAPP motion, arguing that Dickinson 339.56 Finally, her common count for account stated failed could not demonstrate a likelihood of prevailing on her complaint because there was no evidence of an enforceable contract with because, inter alia, the demand letter was protected by the Rochelle to pay her fees.57 litigation privilege, the letter and press release were Singer’s opin- Sharp Practices and Their Consequences ions, and Dickinson was a liar. Dickinson denied the demand letter was privileged and argued the statements were provably Engaging in sharp practices can cause trouble as demonstrated false assertions of fact, not mere opinions. The superior court in Diaz v. Professional Management, Inc.58 Eleven days before granted the anti-SLAPP motion as to the demand letter, finding trial in a wrongful termination lawsuit by a tree-trimmer against it was covered by the litigation privilege but concluded there his employer for failure to accommodate reasonable workplace was evidence to support a prima facie case that Cosby had raped restrictions, the employer applied ex parte for an order shortening her, and, therefore, the press release was false. While the anti- time to hear a motion to compel arbitration pursuant to the SLAPP motion was pending, Dickinson filed an amended com- grievance and arbitration procedure in the applicable collective plaint adding Singer as a defendant and accusing him of reckless bargaining agreement. The trial court denied the application and behavior, but the superior court struck the amended complaint refused to delay trial to accommodate a hearing on regular notice. as procedurally impermissible. The employer’s lawyers submitted a proposed order reflecting The Second District Court of Appeal reversed the dismissal inaccurately that the trial court had denied the motion to compel of the amended complaint as to Singer and rejected Cosby’s anti- on the merits, which the court signed. The employer then filed a SLAPP arguments. It acknowledged that an attorney’s demand notice of appeal on the last court day before trial was to commence, letter can fall within the litigation privilege, but only if litigation thereby staying trial. is contemplated in good faith. Even a letter threatening litigation “[L]oathe to conclude that the court was actually tricked is insufficient to trigger the privilege if it is actually a negotiating into signing an order it had not intended to issue,” the court tactic to induce settlement.49 Singer sent his demand letter only reasoned that the employer was estopped from challenging it to media outlets that had not yet run the story and when many on appeal under the doctrine of invited error. The court took ran the story anyway, Cosby did not sue. Because the demand the unusual step of making a factual finding on appeal that the letter was “a bluff intended to frighten the media outlets into employer acted in bad faith in connection with the motion to silence,” Dickinson showed a likelihood of prevailing on the lit- compel arbitration and concluding, as a matter of law, that the igation privilege defense.50 employer had waived any right to compel arbitration. The court Both the demand letter and the press release contained action- ordered the employer and its counsel to pay the court of appeal able statements of fact. Contrary to Cosby’s argument that the $8,500 in “damages” for having to process a frivolous appeal letter merely expressed Singer’s opinions, the court held that a and instructed the trial court to set a hearing to determine how reasonable fact finder could conclude it stated or implied that much the employer and its counsel would have to pay the Cosby did not rape Dickinson and she was lying when she said employee for the reasonable value of his lawyer’s services in

Los Angeles Lawyer April 2018 27 preparing for the aborted trial and defend- a ruling on further sanctions to District 6 Id. At 877. ing the appeal. The employer’s lawyers Court Judge Haywood S. Gilliam, who 7 Id. 8 Lynn v. George, 15 Cal. App. 5th 630 (2017). were also ordered to report the sanctions issued an order to show cause regarding 9 Id. at 633. to the State Bar. terminating sanctions. 10 Id. at 634. In Loop A1 Labs, Inc. v. Gatti,59 Magis- 11 Id. Rules of Professional Conduct Revised trate Judge Donna M. Ryu of the Northern 12 National Grange of the Order of Patrons of Hus- District had to address “contentious and On March 30, 2017, the State Bar delivered band ry v. California Guild, CIV-No. 2:16-201 WBS cringe-worthy exchanges” between the 70 proposed new and amended rules of DB (E.D. Ca. May 11, 2017), available at https://www .leagle.com/decision/infdco20170515c92. plaintiff’s lawyer, Valeria Healy (a New professional conduct to the supreme court 13 Id. York lawyer admitted pro hac vice) and for its review. The court approved only 14 State Comp. Ins. Fund v. WPS, Inc., 70 Cal. App. Thomas Wallerstein of Venable LLP dur - one, Rule 5-110, which requires prosecutors 4th 644, 657 (1999). ing a deposition “before things completely to disclose to the defense all evidence or 15 McDermott Will & Emory LLP v. Superior Ct., 10 unraveled.”60 Counsel for both sides ex - information that the prosecutor knows or Cal. App. 5th 1083, 1092 (2017). 16 Fiduciary Trust Int’l of Cal. v. Klein, 9 Cal. App. changed snide and gratuitous comments, should know tends to negate the guilt of 5th 1184 (2017). until temperatures flared, and Healy, in the accused, mitigate the offense, or mitigate 17 See Moeller v. Superior Ct., 16 Cal. 4th 1124, 1134 response to a suggestion that she take a the sentence.62 The other rules remain (1997). break, responded, “No. I think you should under consideration. n 18 Behunin v. Superior Ct., 9 Cal. App. 5th 833 (2017). 19 take a f*****g break.”61 Then things really See EVID. CODE §912(d). 20 Behunin, 9 Cal. App. 5th at 849-50. 1 got ugly as Healy’s coffee went flying across Press release, State Bar of Cal., State Bar prepares to 21 Id. at 854 n.11. the table. Although the intended target was implement historic reforms following Gov. Brown’s 22 Tucker Ellis LLP v. Superior Ct., 12 Cal. App. 5th hotly debated, Wallerstein and his computer signature on the agency’s annual fee bill (Oct. 2, 2017), 1233 (2017). available at were hit. His client sought sanctions for http://wwwcalbar.ca.gov. 23 Id. at 1245. 2 BUS & PROF. CODE §§6011, 6013.1, 6013.3, 6013.5, assault. Healy “doubled down and went 24 Id. at 1247. as amended. 25 Sargon Enters., Inc. v. Superior Ct., 15 Cal. App. on the attack” in her opposition. What is 3 Maura Dolan, 9th Circuit Judge Alex Kozinski steps 5th 749, 756 (2017). a Magistrate Judge to do? Finding Healy’s down after accusations of sexual misconduct, L.A. 26 Id. at 768 (quoting Spence v. Omnibus Inds., 44 conduct willful and improper—not only TIMES, Dec. 17, 2017, available at http://www.latimes Cal. App. 3d 970, 975 (1975)). for uttering curse words and losing control, .com. 27 Sargon, 15 Cal. App. 5th at 768. 4 Nicole Santa Cruz, A California businessman is a but also for refusing to apologize and 28 Yale v. Bowne, 9 Cal. App. 5th 649 (2017). suspect in 3 execution-style slayings in L.A. and Las 29 blaming opposing counsel for her bad Id. at 658. Vegas, police say, L.A. TIMES, Sept. 18, 2017, available 30 Id. behavior—Magistrate Judge Ryu ordered at http://www.latimes.com. 31 Flake v. Neumiller & Beardslee, 9 Cal. App. 5th 5 Healy to pay $250 in damages to Waller - Beachcomber Mgmt. Crystal Cove, LLC v. Superior 223 (2017). Ct., 13 Cal. App. 5th 1105 (2017). stein for dry-cleaning charges. She deferred 32 CODE CIV. PROC. §340.6(a)(2). 33 Flake, 9 Cal. App. 5th at 230. 34 Id. at 232 (emphasis in original). 35 Parrish v. Latham & Watkins, 3 Cal. 5th 767 (2017). 36 Id. at 773. GL Howard and Company CPAS, LLP 37 Id. 38 Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 871 (1989). 39 Id. at 874-75, 878. EFFECTIVE 40 Wilson v. Parker, Covert & Chidester, 28 Cal. 4th 811, 817 (2002). SUPPORT FOR 41 Parrish, 3 Cal. 5th at 775. WHITE COLLAR 42 Zamos v. Stroud, 32 Cal. 4th 958, 970 (2004). 43 Parrish, 3 Cal. 5th at 779. ISSUES 44 Id. at 782. 45 Argentieri v. Zuckerberg, 8 Cal. App. 5th 768 (2017). 46 Id. at 783-87. 562.431.9844 • www.glhowardandcompanycpas.com 47 Id. at 784. 48 Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017). 49 Id. at 682. 50 Id. at 684. 51 Id. at 689. 52 Id. at 690. 53 Leighton v. Forster, 8 Cal. App. 5th 467 (2017). 54 Id. at 486-88. 55 Id. at 489. 56 Id. at 490. 57 Id. at 491-94. 58 Diaz v. Professional Mgmt., Inc., 16 Cal. App. 5th 1190 (2017). 59 Loop A1 Labs, Inc. v. Gatti, No. 3:15-CV-00798- HSG (DMR) 2017 U.S. Dist. LEXIS 11839 (N.D. Cal. Jan. 27, 2017). 60 Id. at *2. 61 Id. (asterisks in original). 62 Press Release, State Bar of Cal., State Bar will im ple - ment new ethics rule addressing prosecutor misconduct (Nov. 2, 2017), available at http://www.calbar.ca.gov.

28 Los Angeles Lawyer April 2018

The LOS ANGELES LAWYER Semiannual Guide to Expert Witnesses

ACCIDENT ANALYSIS/RECONSTRUCTION ACCOUNTING tory proceedings. We work with a broad network of testi- fying experts, including prominent faculty and industry 4X FORENSIC ENGINEERING ADVISORS/EXPERTS @ MCS ASSOCIATES practitioners, in a distinctive collaboration. The experts LABORATORIES, INC. 18881 Von Karman, Suite 1175, Irvine, CA 92612, with whom we work bring the specialized expertise 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) (949) 263-8700, fax (949) 263-0770, e-mail: experts required to meet the demands of each assignment. Our 450-8500, fax (714) 450-8599, e-mail: hil@4Xforensic @mcsassociates.com. Website: www.mcsassociates areas of specialization include intellectual property, .com. Website: www.4Xforensic.com. Contact Phil Van .com. Contact Norman Katz, managing partner. antitrust, securities, entertainment, real estate, financial Herle. 4X Forensic Engineering Laboratories is a full-ser- Nationally recognized banking, finance, insurance, and institutions, and general business litigation. vice forensic engineering laboratory. We provide expert real estate consulting group (established 1973). Experi- witness and analytical and testing services in the following enced litigation consultants/experts include senior FULCRUM INQUIRY areas: fires and explosions: electrical and gas product bankers, lenders, consultants, economists, accountants, 888 South Figueroa Street, Suite 2000, Los Angeles, defect investigations, thermal and fire modeling and labo- insurance underwriters/brokers. Specialties include: lend- CA 90017, (213) 787-4100, fax (213) 891-1300, ratory testing; water loss: materials, corrosion, and failure ing customs, practices, policies, in all types of lending e-mail: [email protected]. Website: www.fulcrum analysis of plumbing products; failure analysis: metallurgy, (real estate, business/commercial, construction, con- .com. Contact David Nolte. Our professionals are product testing, and computerized stress analysis; acci- sumer/credit card), banking operations/administration, experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- dent reconstruction: automotive, trucks, construction trusts and investments, economic analysis and valua- sors, and industry specialists. Our analysis and research equipment, and premises liability. See display ad on tions/damages assessment, insurance claims, coverages combined with unique presentation techniques have page 39. and bad faith, real estate development, brokerage, resulted in an unequaled record of successful court cases appraisal, escrow, and title insurance. and client recoveries. Our expertise encompasses dam- GLOBAL SOLUTIONS ages analysis, loss profit studies, business and intangible P.O. Box 5586, El Dorado Hills, CA 95762, (916) 825- CORNERSTONE RESEARCH asset valuations, fraud investigations, statistics, forensic 5592, fax (530) 676-1513, e-mail: [email protected]. 633 West Fifth Street, 31st Floor, Los Angeles, CA economic analysis, royalty audits, strategic and market Website: www.jvra.com/expert/default.aspx?ref=1603. 90071-2005, (213) 553-2500, fax (213) 553-2699. Web- assessments, competitive surveys, analysis of computer- Contact Russell Darnell, PhD, BSE, MBA, CAI, site: www.cornerstone.com. Contact George G. ized data, injury and employment damages, and a wide President/CTO. Degrees include : PhD Engineering Strong, Jr., Richard W. Dalbeck, Katie J. Galley, range of other financial advisory services. Degrees/ Management, Doctorate of Education, MBA, Master’s Elaine Harwood, Carlyn Irwin, Pierrick Morel, or licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in Psychology, BS Engineering. Accident reconstruction, Ashish Pradhan. For more than 25 years, Cornerstone accounting, finance, economics, and related subjects. motorcycle safety, forensic engineering, vehicle fires— Research staff have provided economic and financial See display ad on back cover. cause and origin, motocross and off-highway vehicle analysis in all phases of commercial litigation and regula- accidents, safety gear, products testing. Motorcycles, GURSEY | SCHNEIDER LLP auto, atvs, boats, racing, trailers/towing, heavy equip- 1888 Century Park East, Suite 900, Los Angeles, CA ment, accident reconstruction, product liability, engineer- 90067, (310) 552-0960, fax (310) 557-3468, e-mail: ing, safety, racetrack design. Sworn deposition testimony [email protected] or [email protected]. Website: 1000+ times. Appearance as an expert witness in 223 www.gursey.com. Contact Naz Afshar or Gary jury trials. Qualified since 1974 in State, Federal, and Krausz. Forensic accounting and litigation support ser- International courts of law. vices in the areas of marital dissolution, civil litigation, business valuation and appraisal, goodwill, business dis- WILLIAM KUNZMAN, PE putes, malpractice, tax matters, bankruptcy, damage and 1111 Town and Country #34, Orange, CA 92868, (714) cost-profit assessments, insurance claims, court account- 904-2821, e-mail: [email protected]. Website: ing, tracing, and entertainment industry litigation. See www.traffic-engineer.com. Contact William Kunzman, display ad on page 37. PE. Traffic expert witness since 1979, both defense and plaintiff. Auto, pedestrian, bicycle, and motorcycle acci- KRYCLER, ERVIN, TAUBMAN, AND KAMINSKY dents. Largest plaintiff verdicts: 1) $12,200,000 in pedes- 15303 Ventura Boulevard, Suite 1040, Sherman Oaks, trian accident case against Caltrans, 2) $10,300,000 in CA 91403, (818) 995-1040, fax (818) 995-4124. Website: case against Los Angeles Unified School District. Largest www.ketkcpa.com. Contact Michael J. Krycler. settlement: $2,000,000 solo vehicle accident case against Litigation support, including forensic accounting, business Caltrans. Best defense verdicts: 1) $0 while defending appraisals, family law accounting, business and profes- Caltrans and opposition sought $16,000,000. 2) $0 sional valuations, damages, fraud investigations, and lost defending City of Long Beach and opposition sought earnings. Krycler, Ervin, Taubman, and Kaminsky is a full- $15,000,000. Before becoming expert witness, employed service accounting firm serving the legal community for by Los Angeles County Road Department, Riverside more than 25 years. See display ad on page 36. County Road Department, City of Irvine, and Federal MDD FORENSIC ACCOUNTANTS Highway Administration. Knowledge of governmental agency procedures, design, geometrics, signs, traffic 600 Wilshire Boulevard, Suite 1620, Los Angeles, CA controls, maintenance, and pedestrian protection barriers. 90017, (213) 624-7118, fax (213) 624-7120, e-mail: Hundreds of cases. Undergraduate work—UCLA, gradu- [email protected]. Website: www.mdd.com. ate work—Yale University. Contact Dan Markowicz. MDD Forensic Accountants provide litigation services and expert witness testimony in CARL SHERIFF, PE, FORENSIC ENGINEER courts, arbitrations and mediations around the world. 10153½ Riverside Drive, Suite 365, Toluca Lake, CA Time and again, our assessments have stood up to the 91602, (818) 766-9259, fax (818) 908-9301, e-mail: scrutiny of cross-examination, making our firm the choice [email protected]. Contact Carl Sheriff, PE, of legal professionals around the world. For more informa- forensic engineer. Degrees in law and engineering. tion, please visit our website at www.mdd.com. Licensed safety engineer, general contractor, real RGL FORENSICS estate broker, and certified building and playground inspector. Licensed truck driver. Consulting and expert Orange County Office: 625 City Drive South, Suite 290, testimony on premises liability, product defects, and Orange, CA 92868, (714) 740-2100. Contact Hank traffic accidents. Construction and industrial accidents. Kahrs, [email protected], Alan Lurie, [email protected]. Building and OSHA code compliance. Slip, trip, and falls. San Diego Office: 11440 W Bernardo Court, Suite 300, Human factors. Safety evaluation. Computerized analysis San Diego, CA 92127, (619) 236-0377. Contact Rich and exhibits. Free initial file review. Holstrom, [email protected]. RGL Forensics is an

30 Los Angeles Lawyer April 2018 international firm of forensic financial experts exclusively dedicated to damage analysis, fraud investigation, and valuation. Serving the legal, insurance, and business communities for more than 30 years, the firm is unique in its ability to combine investigative accounting, business valuation, fraud, and forensic technology expertise. For attorneys, we discover and define financial value in trans- actions and civil and criminal disputes, and when neces- sary provide expert witness testimony in court and arbi- tration proceedings. For more information about RGL, please visit www.rgl.com. MICHAEL D. ROSEN, CPA, PHD, ABV 3780 Kilroy Airport Way, Suite 200, Long Beach, CA 90806, (562) 256-7052, fax (562) 256-7001, e-mail: [email protected]. Website: www.mrosencpa.com. Contact Michael D. Rosen. We are litigation consul- tants, forensic accountants, expert witnesses. Our mis- sion is to tell the financial story that underlies every busi- ness litigation matter and to convey that story in a clear and concise manner to the trier of fact. Our findings allow a realistic assessment of the case and support settlement efforts. Our work is designed to render conclusive opin- ions and to withstand cross-examination. We specialize in business damages (lost profits and loss in value), per- sonal damages (lost earnings), and business valuation. SCHULZE HAYNES LOEVENGUTH & CO. 660 South Figueroa Street, Suite 1280, Los Angeles, CA. 90017, (213) 627-8280, fax (213) 627-8301, e-mail: kshulze @schulzehaynes.com. Website: www.schulzehaynes.com. Contact Karl J. Schulze. Our credentials include CPA, CVA, ABV, CFE, CFF and PhD. Our expertise includes analysis and testimony over a broad range of industries and issue areas. We provide advisory and testimony in matters involving economic damages, intellectual prop- erty disputes, employment, fraud and embezzlement, governance and shareholder matters, and alter ego, among others. We have worked with middle-market and Fortune 500 companies and have provided guidance on corporate governance, crisis management, strategic plan- ning, insolvency management, acquisition and feasibility analysis and debt restructuring. We perform business val- uations in disputed matters as well as for transactional purposes. Our experience includes serving as CEO, CFO, CRO, and our principals average well over 30 years’ experience each. See display ad on this page. SMITH DICKSON, AN ACCOUNTANCY CORPORATION 18100 Von Karman Avenue, Suite 420, Irvine, CA 92612, (949) 553-1020, fax (949) 553-0249, e-mail: [email protected]. Website: www .smithdickson.com. Contact Deborah Dickson, CPA. CPA 25+ years, testifying 15+ years, forensic accounting and litigation support. Superior Litigation Support services since 1995. The professionals at Smith Dickson clearly, independently, and accurately analyze financial informa- tion, calculate damages, evaluate claims, prepare expert reports and render expert testimony. Thousands of hours of forensic accounting, deposition and trial experience. Damage calculations; lost profits; forensic accounting; expert testimony; intellectual property; fraud and embez- zlement; real estate; trust and estate beneficiary dis- putes, tax controversy; business valuations; and busi- ness dissolution. Confidence At The Courthouse. WHITE, ZUCKERMAN, WARSAVSKY, LUNA & HUNT Business litigation is increasingly complex. That is why we believe valuation 15490 Ventura Boulevard, Suite 300, Sherman Oaks, issues must be addressed with the same meticulous care CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park as legal issues. Analysis must be clear. Opinions must be Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax defensible. Expert testimony must be thorough and (949) 219-9095, e-mail: [email protected]. Website: articulate. HML has extensive trial experience and can www.wzwlh.com. Contact Barbara Luna. Expert wit- provide legal counsel with a powerful resource for expert ness testimony for complex litigation involving damage analyses of lost profits, unjust enrichment, reasonable testimony and litigation support. royalties, lost earnings, lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, and marital dissolution, and tax planning and For More Information Call 213-617-7775 preparation. Excellent communicators with extensive tes- Or visit us on the web at www.hmlinc.com timony experience. Prior Big Four accountants. Special- ties include accounting, breach of contract, breach of BUSINESS VALUATION • LOSS OF GOODWILL • ECONOMIC DAMAGES • LOST PROFITS fiduciary duty, business interruption, business dissolution, construction defects, delays, and cost overruns, fraud, insurance bad faith, intellectual property (including trade-

Los Angeles Lawyer April 2018 31 mark, patent, and copyright infringement, and trade goodwill, and lost profits. Areas of practice include busi- AVIATION secrets), malpractice, marital dissolution, personal injury, ness disputes, eminent domain, bankruptcy, and corpo- product liability, real estate, securities, tax planning and rate and marital dissolution. See display ad on page 31. AEROPACIFIC CONSULTING preparation, IRS audit defense, tracing, unfair advertising, 195 North Argyle Court, Reno, NV 89511, (310) unfair competition, valuation of businesses, and wrongful KRYCLER, ERVIN, TAUBMAN, 503-4350, fax (815) 550-8766, e-mail: doug.moss termination. See display ad on page 41. AND KAMINSKY @aeropacific.net. Website: www.aeropacific.net. 15303 Ventura Boulevard, Suite 1040, Sherman Oaks, Contact Doug Moss. Aircraft accident investigation, ZIVETZ, SCHWARTZ & SALTSMAN, CPAS CA 91403, (818) 995-1040, fax (818) 995-4124. Website: causal analysis, determination of pilot error, failure 11900 West Olympic Boulevard, Suite 650, Los Angeles, www.ketkcpa.com. Contact Michael J. Krycler. analysis, design defect, etc. Qualifications BS and MS CA 90064-1046, (310) 826-1040, fax (310) 826-1065. Litigation support, including forensic accounting, business in engineering, engineering test pilot, airline pilot, aircraft Website: www.zsscpa.com. Contact Lester J. appraisals, family law accounting, business and profes- owner, instructor pilot, CF-II, and ME-I. Schwartz, CPA/CFF, DABFE, DABFA, Michael D. sional valuations, damages, fraud investigations, and lost Saltsman, CPA, MBA, Lynda R. Schauer, CPA, earnings. Krycler, Ervin, Taubman, and Kaminsky is a full- BANKING CVA, CGMA, David L. Bass, CPA, David Dichner, service accounting firm serving the legal community for CPA, ABV, Sandy Green, CPA, Silva Hakobyan, more than 25 years. See display ad on page 36. ADVISORS/EXPERTS @ MCS ASSOCIATES CPA, Argin Gharibian, CPA, Troy Hoang, CPA. 18881 Von Karman, Suite 1175, Irvine, CA 92612, Accounting experts in forensic accounting, tax issues, WARONZOF ASSOCIATES, INC. (949) 263-8700, fax (949) 263-0770, e-mail: experts business valuations, and appraisals, marital dissolutions, 400 Continental Boulevard, Sixth Floor, El Segundo, CA @mcsassociates.com. Website: www.mcsassociates eminent domain, insurance losses, business interruption, 90245, (310) 322-7744, fax (424) 285-5380. Website: .com. Contact Norman Katz, managing partner. goodwill, economic analysis, investigative auditing, loss www.waronzof.com. Contact Timothy R. Lowe, MAI, Nationally recognized banking, finance, insurance, and of earning, commercial damages, and lost profits. Expert CRE. Waronzof provides real estate and land use litiga- real estate consulting group (established 1973). Experi- witness testimony preparation, settlement negotiations, tion support services including economic damages, lost enced litigation consultants/experts include senior and consultations. See display ad on page 47. profits, financial feasibility, lease dispute, property value, bankers, lenders, consultants, economists, accountants, enterprise value, partnership interest and closely held insurance underwriters/brokers. Specialties include: lend- APPRAISAL & VALUATION share value, fair compensation, lender liability, and reor- ing customs, practices, policies, in all types of lending ganization plan feasibility. Professional staff of five with (real estate, business/commercial, construction, con- BTI APPRAISAL advanced degrees and training in real estate, finance, sumer/credit card), banking operations/administration, 605 West Olympic Boulevard, Suite 820, Los Angeles, urban planning, and accounting. See display ad on trusts and investments, economic analysis and valua- CA 90015, (213) 532-3800, fax (213) 532-3807, e-mail: page 43. tions/damages assessment, insurance claims, coverages [email protected] or [email protected]. Web- and bad faith, real estate development, brokerage, site: www.btiappraisal.com. Contact Ben F. Tunnell ARCHITECTURE appraisal, escrow, and title insurance. III, Chairman or Megan O’Rourke, President. BTI Appraisal has been providing litigation and appraisal ser- A & E FORENSICS BANKRUPTCY vices since 1974 in the areas of real estate, machinery 2121 Montiel Road, San Marcos, CA 92069, (877) 839- and equipment, vehicles, personal property and business 7302, fax (760) 480-7477, e-mail: steve@aeforensics FULCRUM INQUIRY valuation. Well written and documented reports reduce lit- .com. Website: www.aeforensics.com. Contact Steve 888 South Figueroa Street, Suite 2000, Los Angeles, igation costs and expedite dispute resolution. Our work Norris, AIA, PE, GE, HG, CEG, CASP, LEED. Archi- CA 90017, (213) 787-4100, fax (213) 891-1300, has passed the most rigorous scrutiny of the IRS, the tect, engineer, contractor—standard of care expert. e-mail: [email protected]. Website: www.fulcrum SEC, government condemning agencies, state and fed- Retained over 200 times, deposed over 100 times, and .com. Contact David Nolte. Our professionals are eral courts. The collective experience of our nationally testified in trial over 20 times. Waterproofing, water intru- experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- regarded professionals can address projects of all sizes sion, building envelope, zoning setbacks, concrete perfor- sors, and industry specialists. Our analysis and research and locations. mance, path of travel, structural analysis, earthquake-fire combined with unique presentation techniques have damage, and plan analysis. Landslides, retaining wall fail- resulted in an unequaled record of successful court cases FULCRUM INQUIRY ure, settlement, flooding, grading, septic, expansive soils, and client recoveries. Our expertise encompasses dam- 888 South Figueroa Street, Suite 2000, Los Angeles, mud flows, pavement distress, ground water evaluation, ages analysis, loss profit studies, business and intangible CA 90017, (213) 787-4100, fax (213) 891-1300, and slope analysis. Cost estimates, construction manage- asset valuations, fraud investigations, statistics, forensic e-mail: [email protected]. Website: www.fulcrum ment, delay analysis, and contracts. Serving all California, economic analysis, royalty audits, strategic and market .com. Contact David Nolte. Our professionals are Hawaii, and Oklahoma. See display ad on page 35. assessments, competitive surveys, analysis of computer- experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- ized data, injury and employment damages, and a wide sors, and industry specialists. Our analysis and research ATTORNEY FEE DISPUTE range of other financial advisory services. Degrees/ combined with unique presentation techniques have licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in O’CONNOR AND ASSOCIATES resulted in an unequaled record of successful court cases accounting, finance, economics, and related subjects. and client recoveries. Our expertise encompasses dam- 201 Mission Street, Suite 710, San Francisco, CA 94105, See display ad on back cover. O F F I C E ages analysis, loss profit studies, business and intangible (415) 693-9960, fax (415) 692-6537, e-mail: admin P asset valuations, fraud investigations, statistics, forensic @joclaw.com. Website: www.joclaw.com. Contact BANKRUPTCY/TAX economic analysis, royalty audits, strategic and market John D. O’Connor. Attorney John O’Connor provides ADVISORS/EXPERTS @ MCS ASSOCIATES assessments, competitive surveys, analysis of computer- both litigation and expert consultancy services in a broad ized data, injury and employment damages, and a wide range of attorney fee issues, including disputes over 18881 Von Karman, Suite 1175, Irvine, CA 92612, range of other financial advisory services. Degrees/ appropriate billing rates, litigation efficiency, task assign- (949) 263-8700, fax (949) 263-0770, e-mail: experts licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in ment and staffing, litigation success and prevailing party @mcsassociates.com. Website: www.mcsassociates accounting, finance, economics, and related subjects. determination, and litigation skill. His work in this regard .com. Contact Norman Katz, managing partner. See display ad on back cover. has been widely lauded by clients, lawyers, courts, and Nationally recognized banking, finance, insurance, and arbitrators. See display ad on page 31. real estate consulting group (established 1973). Experi- GURSEY | SCHNEIDER LLP enced litigation consultants/experts include senior 1888 Century Park East, Suite 900, Los Angeles, CA ATTORNEY MALPRACTICE bankers, lenders, consultants, economists, accountants, 90067, (310) 552-0960, fax (310) 557-3468, e-mail: insurance underwriters/brokers. Specialties include: lend- JOEL MARK [email protected]. Website: www.gursey.com. ing customs, practices, policies, in all types of lending Contact Stephan Wasserman. Gursey | Schneider is 919 Box Canyon Trail, Palm Desert, CA 92211 (760) 200- (real estate, business/commercial, construction, con- an accounting firm specializing in forensic accounting, liti- 4554, fax (760) 772-6665, e-mail: [email protected]. sumer/credit card), banking operations/administration, gation support services, business valuation, and appraisal Consulting/expert witness experience: Ninety-five plus trusts and investments, economic analysis and valua- services for a variety of purposes, including marital disso- assignments in attorney fee disputes; attorney ethics, tions/damages assessment, insurance claims, coverages lution, gift and estate planning, eminent domain, goodwill attorney malpractice (litigation). Specialties include busi- and bad faith, real estate development, brokerage, loss, business disputes, malpractice, tax matters, bank- ness litigation, intellectual property, commercial law, pro- appraisal, escrow, and title insurance. ruptcy, damage and cost-profit assessments, insurance fessional liability, and banking. Previous position/appoint- claims, and entertainment industry litigation. Gursey | ments: California State Bar Committee on Mandatory Fee BIOMECHANICS/RECONSTRUCTION/ Schneider has over 38 years of experience as expert wit- Arbitration, California State Bar Committee on Profes- HUMAN FACTORS nesses in litigation support. See display ad on page 37. sional Responsibility and Conduct; appointed expert con- sultant by the Los Angeles County Superior Court, State INSTITUTE OF RISK & SAFETY HIGGINS, MARCUS & LOVETT, INC. Bar MFA Presiding Arbitrator (2009-2012); State Bar of ANALYSES 800 South Figueroa Street, Suite 710, Los Angeles, CA California Special Deputy Trial Counsel for Disciplinary KENNETH A. SOLOMON, PHD, PE, 90017, (213) 617-7775, fax (213) 617-8372, e-mail: info Matters (2010-present). Membership in professional soci- POST PHD CHIEF SCIENTIST @hmlinc.com. The eties: LACBA, State Bar of California. Degrees/license: Contact Mark C. Higgins, ASA. 5324 Canoga Avenue, Woodland Hills, CA 91364, (818) firm has over 30 years of litigation support and expert tes- UC Berkeley (AB, 1969), UC Berkeley: Hastings College 348-1133, fax (818) 348-4484, e-mail: kennethsolomon timony experience in matters involving business valuation, of Law (JD, 1972); Admitted California 1972, Colorado, @mac.com. Website: www.irsa.us. Specialized forensic economic damages, intellectual property, loss of business 1994.

32 Los Angeles Lawyer April 2018 • Rigorous standards • Tailored service • Prompt turnaround • Free initial consultations • Free resume book • Reasonable rates L O C A L O F F I C E Pro/Consul Inc. 1945 Palo Verde Avenue, Suite 200 Long Beach, CA 90815-3443 (562) 799-0116 • Fax (562) 799-8821 Hours of Operation: 6 a.m. - 6 p.m. [email protected] • ExpertInfo.com staff, broad range of consulting and expert testimony, 46 Website: www.cornerstone.com. Contact George G. valuation, fraud, and forensic technology expertise. For years of courtroom experience for Dr. Solomon, com- Strong, Jr., Richard W. Dalbeck, Katie J. Galley, attorneys, we discover and define financial value in trans- bined courtroom experience for company 312 person Elaine Harwood, Carlyn Irwin, Pierrick Morel, or actions and civil and criminal disputes, and when neces- years. Accident reconstruction, biomechanics, human Ashish Pradhan. For more than 25 years, Cornerstone sary provide expert witness testimony in court and arbi- factors, safety, accident prevention, adequacy of warn- Research staff have provided economic and financial tration proceedings. For more information about RGL, ings, computer animation and simulations, 3D scanning, analysis in all phases of commercial litigation and regula- please visit www.rgl.com. drone photography, construction defect, criminal defense, tory proceedings. We work with a broad network of testi- SCHULZE HAYNES LOEVENGUTH & CO. criminal prosecution, premises, product integrity, product fying experts, including prominent faculty and industry liability, product testing, warnings, and lost income calcu- practitioners, in a distinctive collaboration. The experts 660 South Figueroa Street, Suite 1280, Los Angeles, lations. Auto, bicycle, bus, chair, elevator, escalator, fork- with whom we work bring the specialized expertise CA. 90017, (213) 627-8280, fax (213) 627-8301, lift, gate, ladder, machinery, motorcycle, press, recre- required to meet the demands of each assignment. Our e-mail: [email protected]. Website: www ational equipment, rollercoaster, slip/trip and fall, stairs, areas of specialization include intellectual property, .schulzehaynes.com. Contact Karl J. Schulze. Our swimming pool, and truck. Litigation and claims, antitrust, securities, entertainment, real estate, financial credentials include CPA, CVA, ABV, CFE, CFF and PhD. defense/plaintiff, educational seminars, and mediation institutions, and general business litigation. Our expertise includes analysis and testimony over a and arbitration services. broad range of industries and issue areas. We provide FULCRUM INQUIRY advisory and testimony in matters involving economic BUSINESS 888 South Figueroa Street, Suite 2000, Los Angeles, damages, intellectual property disputes, employment, CA 90017, (213) 787-4100, fax (213) 891-1300, fraud and embezzlement, governance and shareholder FORENSISGROUP e-mail: [email protected]. Website: www.fulcrum matters, and alter ego, among others. We have worked EXPERT WITNESS SERVICES SINCE 1991 .com. Contact David Nolte. Our professionals are with middle-market and Fortune 500 companies and have 301 North Lake Avenue, Suite 420, Pasadena, CA 91101, experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- provided guidance on corporate governance, crisis man- (800) 555-5422, (626) 795-5000, fax (626) 795-1950, sors, and industry specialists. Our analysis and research agement, strategic planning, insolvency management, e-mail: [email protected]. Website: www combined with unique presentation techniques have acquisition and feasibility analysis and debt restructuring. .forensisgroup.com. Contact Rey Tolentino. As a resulted in an unequaled record of successful court cases We perform business valuations in disputed matters as leader in expert witness services for over 25 years, we and client recoveries. Our expertise encompasses dam- well as for transactional purposes. Our experience specialize in providing clients with a premier selection of ages analysis, loss profit studies, business and intangible includes serving as CEO, CFO, CRO, and our principals experts and consultants at an unsurpassed level of ser- asset valuations, fraud investigations, statistics, forensic average well over 30 years’ experience each. See dis- vice. Over 20,000 clients have relied on us for an easy economic analysis, royalty audits, strategic and market play ad on page 31. way of connecting with highly qualified experts across a assessments, competitive surveys, analysis of computer- SQUAR & ASSOCIATES wide range of industries to gain a competitive edge. We ized data, injury and employment damages, and a wide offer customized searches, referrals, and initial phone range of other financial advisory services. Degrees/ 2064 Phalarope Court, Costa Mesa, CA 92626, (714) consultations at no cost or obligation to you. In over licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in 825-0300, Cell (949) 375-4388, fax (866) 810-9223, 30,000 cases, we’ve provided experts to uncover the accounting, finance, economics, and related subjects. e-mail: [email protected]. Website: www truth from thousands of complex subject matters such as See display ad on back cover. .squarassociates.com. Contact Richard M. Squar. construction, engineering, business, accounting, intellec- Squar & Associates provides superior litigation support tual property, computers, IT, medical, real estate, insur- GURSEY | SCHNEIDER LLP and tax services, including expert witness testimony, ance, product liability, premises liability, and others, 1888 Century Park East, Suite 900, Los Angeles, CA strategy development, document discovery, deposition including hard-to-find disciplines. We’re committed to 90067, (310) 552-0960, fax (310) 557-3468, e-mail: gk assistance, computation of damages, arbitration consult- being socially responsible to our clients and our local and @gursey.com. Website: www.gursey.com. Contact ing, forensic accounting, rebuttal testimony, fiduciary global communities through education, nutrition and other Stephan Wasserman. Gursey | Schneider is an accountings, and trial exhibit preparation. Our areas of program. See display ad on page 35. accounting firm specializing in forensic accounting, litiga- expertise include loss of earnings analysis, breach of con- tion support services, business valuation, and appraisal tract, partnership dissolution, reconstruction of account- BUSINESS APPRAISAL/VALUATION services for a variety of purposes, including marital disso- ing records, embezzlement and fraud, contract costs, lost lution, gift and estate planning, eminent domain, goodwill profits, damage computations, and malpractice cases. ADVISORS/EXPERTS @ MCS ASSOCIATES loss, business disputes, malpractice, tax matters, bank- Our practice focuses on closely held entrepreneurial firms 18881 Von Karman, Suite 1175, Irvine, CA 92612, ruptcy, damage and cost-profit assessments, insurance in a wide variety of industries. See display ad on (949) 263-8700, fax (949) 263-0770, e-mail: experts claims, and entertainment industry litigation. Gursey | page 49. @mcsassociates.com. Website: www.mcsassociates Schneider has over 38 years of experience as expert wit- WHITE, ZUCKERMAN, WARSAVSKY, .com. Contact Norman Katz, managing partner. nesses in litigation support. See display ad on page 37. Nationally recognized banking, finance, insurance, and LUNA & HUNT real estate consulting group (established 1973). Experi- HAYNIE & COMPANY, CPAS 15490 Ventura Boulevard, Suite 300, Sherman Oaks, enced litigation consultants/experts include senior 4910 Campus Drive, Newport Beach, CA 92660-2119, CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park bankers, lenders, consultants, economists, accountants, (949) 724-1880, fax (949) 724-1889, e-mail: sgabrielson Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax insurance underwriters/brokers. Specialties include: lend- @hayniecpa.com. Website: www.hayniecpa.com. (949) 219-9095, e-mail: [email protected]. Website: ing customs, practices, policies, in all types of lending Contact Steven C. Gabrielson. Consulting and www.wzwlh.com. Contact Barbara Luna. Expert wit- (real estate, business/commercial, construction, con- expert witness testimony in a variety of practice areas: ness testimony for complex litigation involving damage sumer/credit card), banking operations/administration, commercial damages, ownership disputes, economic analyses of lost profits, unjust enrichment, reasonable trusts and investments, economic analysis and valua- analysis, business valuation, lost profits analysis, royalties, lost earnings, lost value of business, forensic tions/damages assessment, insurance claims, coverages fraud/forensic investigations, taxation, personal injury, accounting, fraud investigation, investigative analysis of and bad faith, real estate development, brokerage, wrongful termination, and professional liability. liability, and marital dissolution, and tax planning and appraisal, escrow, and title insurance. preparation. Excellent communicators with extensive tes- HIGGINS, MARCUS & LOVETT, INC. timony experience. Prior Big Four accountants. Special- BRIAN LEWIS & COMPANY 800 South Figueroa Street, Suite 710, Los Angeles, CA ties include accounting, breach of contract, breach of 10866 Wilshire Boulevard, 10the Floor, Los Angeles, 90017, (213) 617-7775, fax (213) 617-8372, e-mail: info fiduciary duty, business interruption, business dissolution, CA 90024, (310) 475-5676, e-mail: brian@brianlewis-cpa @hmlinc.com. Contact Mark C. Higgins, ASA. The construction defects, delays, and cost overruns, fraud, .com. Contact Brian Lewis, CPA, CVA. Forensic firm has over 30 years of litigation support and expert tes- insurance bad faith, intellectual property (including trade- accounting, business valuations, cash spendable reports, timony experience in matters involving business valuation, mark, patent, and copyright infringement, and trade estate, trust, and income tax services. economic damages, intellectual property, loss of business secrets), malpractice, marital dissolution, personal injury, goodwill, and lost profits. Areas of practice include busi- product liability, real estate, securities, tax planning and CMM, LLP ness disputes, eminent domain, bankruptcy, and corpo- preparation, IRS audit defense, tracing, unfair advertising, With offices in Woodland Hills and El Segundo, (818) rate and marital dissolution. See display ad on page 31. unfair competition, valuation of businesses, and wrongful 986-5070, fax (818) 986-5034, e-mail: rschreiber termination. See display ad on page 41. @cmmcpas.com. Website: www.cmmcpas.com. RGL FORENSICS Contact Robert Schreiber. Specialties: consultants Orange County Office: 625 City Drive South, Suite 290, ZIVETZ, SCHWARTZ & SALTSMAN, CPAS who provide extensive experience, litigation support, and Orange, CA 92868, (714) 740-2100. Contact Hank 11900 West Olympic Boulevard, Suite 650, Los Angeles, expert testimony regarding forensic accountants, fraud Kahrs, [email protected], Alan Lurie, alurie@rg CA 90064-1046, (310) 826-1040, fax (310) 826-1065. investigations, economic damages, business valuations, l.com. San Diego Office: 11440 W Bernardo Court, Suite Website: www.zsscpa.com. Contact Lester J. family law, bankruptcy, and reorganization. Degrees/ 300, San Diego, CA 92127, (619) 236-0377. Contact Schwartz, CPA/CFF, DABFE, DABFA, Michael D. licenses: CPAs, CFEs, MBAs. See display ad on Rich Holstrom, [email protected]. RGL Forensics is an Saltsman, CPA, MBA, Lynda R. Schauer, CPA, page 35. international firm of forensic financial experts exclusively CVA, CGMA, David L. Bass, CPA, David Dichner, dedicated to damage analysis, fraud investigation, and CPA, ABV, Sandy Green, CPA, Silva Hakobyan, CORNERSTONE RESEARCH valuation. Serving the legal, insurance, and business CPA, Argin Gharibian, CPA, Troy Hoang, CPA. 633 West Fifth Street, 31st Floor, Los Angeles, CA communities for more than 30 years, the firm is unique in Accounting experts in forensic accounting, tax issues, 90071-2005, (213) 553-2500, fax (213) 553-2699. its ability to combine investigative accounting, business business valuations, and appraisals, marital dissolutions,

34 Los Angeles Lawyer April 2018 eminent domain, insurance losses, business interruption, goodwill, economic analysis, investigative auditing, loss of earning, commercial damages, and lost profits. Expert witness testimony preparation, settlement negotiations, A & E FORENSICS and consultations. See display ad on page 47. Steven B. Norris, AIA, PE, GE, CEG, GBC, CASp CIVIL LITIGATION 2121 Monel Road San Marcos, CA 92069 (877) 839-7302 GURSEY | SCHNEIDER LLP 1888 Century Park East, Suite 900, Los Angeles, CA 90067, (310) 552-0960, fax (310) 557-3468, e-mail: gk ■ ARCHITECTURE ■ C O N S T RUCTION ■ ADA @gursey.com. Website: www.gursey.com. Contact Gary Krausz. Gursey | Schneider specializes in forensic ■ ■ ■ accounting and litigation support services in the areas of GEOTECHNICAL CIVIL STRUCTURAL civil litigation, business disputes, bankruptcy, damage ENGINEERING ENGINEERING ENGINEERING and cost-profit insurance claims, court accountings, fraud investigations, accounting malpractice, intellectual prop- erty, construction, government accounting, and entertain- www.aeforensics.com ment litigation. Gursey | Schneider has over 38 years of experience as expert witnesses in accounting related matters. See display ad on page 37. COMPOSITE & FIBERGLASS MATERIALS KARS’ ADVANCED MATERIALS, INC. Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 527-7169, e-mail: [email protected]. Website: www .karslab.com. Contact Dr. Ramesh Kar, Dr. Naresh Kar, Dr. Nikhil Kar. Southern California’s premier mate- rials/mechanical/metallurgical/structural/forensics labora- tory. Registered professional engineers with 30+ years in metallurgical/forensic/structural/mechanical failure analy- sis. Experienced with automotive, bicycles, tires, fire, paint, plumbing, corrosion, and structural failures. We work on both plaintiff and defendant cases. Complete in-house capabilities for tests. Extensive deposition and courtroom experience (civil and criminal investigations). Principals are Fellows of American Society for Metals and Fellows, American College of Forensic Examiners. See display ad on page 43. COMPUTER FORENSICS FULCRUM INQUIRY 888 South Figueroa Street, Suite 2000, Los Angeles, CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail: [email protected]. Website: www.fulcrum .com. Contact David Nolte. Our professionals are experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- sors, and industry 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 dam- ages analysis, loss profit studies, business and intangible asset valuations, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, competitive surveys, analysis of computer- ized data, injury and employment damages, and a wide range of other financial advisory services. Degrees/ licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in accounting, finance, economics, and related subjects. See display ad on back cover. SETEC INVESTIGATIONS 8391 Beverly Boulevard, Suite 167, Los Angeles, CA 90036, (800) 748-5440, fax (323) 939-5481, e-mail: [email protected]. Website: www.setecinvestigations.com. Contact Todd Stefan. Setec Investigations offers unparalleled expertise in computer forensics and enterprise investigations provid- ing personalized, case-specific forensic analysis and litigation support services for law firms and corporations. Setec Investigations possesses the necessary combina- tion of technical expertise, understanding of the legal system, and specialized tools and processes enabling the discovery, collection, investigation, and production of electronic information for investigating and handling computer-related crimes or misuse. Our expertise includes computer forensics, electronic discovery, litigation support, and expert witness testimony.

Los Angeles Lawyer April 2018 35 COMPUTERS/INFORMATION SCIENCES services, including litigation support, expert testimony, schedule analysis, change order evaluation, delay/impact COSGROVE COMPUTER SYSTEMS, INC. analysis, discovery/deposition assistance, cause effect- 7411 Earldom Avenue, Playa del Rey, CA 90293, impact analysis, contractor financial audits, merit analysis, (310) 823-9448, fax (310) 821-4021, e-mail: jcosgrove document database envelopment/management, and per- @computer.org. Website: www.cosgrovecomputer.com. formance audits. Contact John Cosgrove. John Cosgrove, PE, has over 50 years of experience in computer systems and has CONTRACTORS LICENSING (CSLB) been a self-employed, consulting software engineer since 1970. He was a part-time lecturer in the UCLA School of OFFICES OF ROBERT B. BERRIGAN Engineering and LMU graduate schools. He provided an 2386 Fair Oaks Boulevard, Sacramento, CA 95825, (916) invited article, “Software Engineering and Litigation,” for 640-8607, fax (916) 973-0723 e-mail: rberrigan@yahoo the Encyclopedia of Software Engineering. He is a Certi- .com. Website: www.contractorlicenseexpertwitness fied Forensic Consultant (CFC), holds the CDP, is a mem- .com. Contact Robert B. Berrigan, Esq. Specialties: ber of ACM, ACFEI, FEWA, a life senior member of IEEE consulting on all issues related to contractor licensing in Computer Society, NSPE, a Fellow of the National Acad- California, proper license classification to perform work, emy of Forensic Engineers (an affiliate of NSPE), and a and B & P section 7031 licensure issues. Contractor professional engineer in California. Formal education State License Board (CSLB) investigations and discipli- includes a BSEE from Loyola University (now LMU) and a nary proceedings. Experienced expert witness at trial/ master of engineering from UCLA. He currently serves as arbitration. Degrees/licenses: BA, JD, Commercial Pilot, Past President of the UCLA Engineering Alumni SEL, MEL. Association. CORPORATE INVESTIGATIONS CONSTRUCTION FULCRUM INQUIRY FORENSISGROUP 888 South Figueroa Street, Suite 2000, Los Angeles, EXPERT WITNESS SERVICES SINCE 1991 CA 90017, (213) 787-4100, fax (213) 891-1300, 301 North Lake Avenue, Suite 420, Pasadena, CA e-mail: [email protected]. Website: www.fulcrum 91101, (800) 555-5422, (626) 795-5000, fax (626) 795- .com. Contact David Nolte. Our professionals are 1950, e-mail: [email protected]. Website: experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- www.forensisgroup.com. Contact Rey Tolentino. As sors, and industry specialists. Our analysis and research a leader in expert witness services for over 25 years, we combined with unique presentation techniques have specialize in providing clients with a premier selection of resulted in an unequaled record of successful court cases experts and consultants at an unsurpassed level of ser- and client recoveries. Our expertise encompasses dam- vice. Over 20,000 clients have relied on us for an easy ages analysis, loss profit studies, business and intangible way of connecting with highly qualified experts across a asset valuations, fraud investigations, statistics, forensic wide range of industries to gain a competitive edge. We economic analysis, royalty audits, strategic and market offer customized searches, referrals, and initial phone assessments, competitive surveys, analysis of computer- consultations at no cost or obligation to you. In over ized data, injury and employment damages, and a wide 30,000 cases, we’ve provided experts to uncover the range of other financial advisory services. Degrees truth from thousands of complex subject matters such /licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in as construction, engineering, business, accounting, accounting, finance, economics, and related subjects. intellectual property, computers, IT, medical, real estate, See display ad on back cover. insurance, product liability, premises liability, and others, RGL FORENSICS including hard-to-find disciplines. We’re committed to Orange County Office: 625 City Drive South, Suite 290, being socially responsible to our clients and our local and Orange, CA 92868, (714) 740-2100. Contact Hank global communities through education, nutrition and other Kahrs, [email protected], Alan Lurie, alurie@rgl program. See display ad on page 35. .com. San Diego Office: 11440 W Bernardo Court, Suite KGA, INC. 300, San Diego, CA 92127, (619) 236-0377. Contact 1409 Glenneyre Street, Suite A, Laguna Beach, CA Rich Holstrom, [email protected]. RGL Forensics is 92651, (949) 497-6000, fax (949) 494-4893, e-mail: Kurtg an international firm of forensic financial experts exclu- @kgainc.com. Website: www.kgainc.com. Contact Kurt sively dedicated to damage analysis, fraud investigation, Grosz. Construction and environmental consultants since and valuation. Serving the legal, insurance, and business 1991. Licensed engineers and contractors. ICC building, communities for more than 30 years, the firm is unique in plumbing, mechanical, concrete, and accessibility inspec- its ability to combine investigative accounting, business tors. Certified professional estimators. Trial experts, arbi- valuation, fraud, and forensic technology expertise. For trators, and insurance appraisers/umpires. attorneys, we discover and define financial value in trans- actions and civil and criminal disputes, and when neces- THE REYNOLDS GROUP sary provide expert witness testimony in court and arbi- P.O. Box 1996, Tustin, CA 92781-1996, (714) 730-5397, tration proceedings. For more information about RGL, fax (714)730-6476, e-mail: edreynolds@reynolds-group please visit www.rgl.com. .com. Website: www.reynolds-group.com. Contact Ed Reynolds, RCE, Principal. An environmental consult- WHITE, ZUCKERMAN, WARSAVSKY, ing, and contracting firm. Expertise: environmental conta- LUNA & HUNT mination, assessment, remediation, reasonable value of 15490 Ventura Boulevard, Suite 300, Sherman Oaks, construction, standard of care, and related financial mat- CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park ters. Degrees in Civil Engineering: USC (BS), University of Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax Houston (MS), (MBA) Harvard. California Registered Civil (949) 219-9095, e-mail: [email protected]. Website: Engineer, Licensed A, B, HAZ California Contractor. 30 www.wzwlh.com. Contact Barbara Luna. Expert wit- years’ experience. Adjunct Faculty Member USC Viterbi ness testimony for complex litigation involving damage School of Engineering Department of Civil and Environ- analyses of lost profits, unjust enrichment, reasonable mental Engineering. royalties, lost earnings, lost value of business, forensic accounting, fraud investigation, investigative analysis of CONSTRUCTION DISPUTES liability, and marital dissolution, and tax planning and preparation. Excellent communicators with extensive tes- ARCADIS timony experience. Prior Big Four accountants. Special- 445 South Figueroa Street, Suite 3650, Los Angeles, ties include accounting, breach of contract, breach of CA 90071, (213) 797-5275, fax (213) 486-9894, e-mail: fiduciary duty, business interruption, business dissolution, [email protected]. Website: www.arcadis.com. construction defects, delays, and cost overruns, fraud, Contact Christi Fu, PE, LEED AP, CCM. ARCADIS is insurance bad faith, intellectual property (including trade- an industry leader in the analysis of construction claims mark, patent, and copyright infringement, and trade and specializes in the avoidance, litigation and resolution secrets), malpractice, marital dissolution, personal injury, of construction disputes. Our firm offers a full range of product liability, real estate, securities, tax planning and

36 Los Angeles Lawyer April 2018 preparation, IRS audit defense, tracing, unfair advertising, ern credit scoring and reporting codes, types of credit appearances. Published and have been written about in unfair competition, valuation of businesses, and wrongful damages, assessing violations of the Fair Credit Report- print, radio, and TV over 175 times. (http://www.drjaydds termination. See display ad on page 41. ing Act (FCRA), as well as industry standards of dispute .com/expert-testimony—click on Media Coverage/Write resolution process and review of residential mortgage ups) Expert on issues including: standard of care, cos- COSMETIC, PLASTIC AND loan documents. Evaluate testimony, and developing metics, lasers, extractions, nerve damage, valuation, RECONSTRUCTIVE SURGERY questions for deposition and trial. Since 2010 he has informed consent, antibiotic coverage, TMJ/TMD, ortho- been involved in over 100 cases, as well as been qualified dontics including Invisalign, sleep apnea, treatment plan- JOHN M. SHAMOUN, MD, FACS, INC. and testified in both Federal and State Courts. ning, occlusion and vertical dimension, electrosurgery, 366 San Miguel Drive, Suite 310, Newport Beach, CA abscess, resorption, implants, crowns, root canal, 92660, (949) 759-3077, fax (949) 759-3087, e-mail: DENTIST veneers, periodontics, failure to diagnose or refer, and [email protected]. Website: www.ideallook.com. patent infringement. Licensed in 42 states to opine on RICHARD BENVENISTE, DDS, MSD Contact Yvonne. Specialties: only plastic surgeon in the standard of care, with specific license in California, United States board certified by the 1) American Board of 19231 Victory Boulevard, Suite 256, Reseda, CA 91335, Nevada, and the Northeast as well as a Florida Expert Surgery, 2) American Board of Plastic Surgery, 3) Ameri- (818) 881-7337, fax (818) 881-6183, e-mail: yourgums Certification. Graduated NYU 1988; Lieutenant, United can Board of Facial Plastic and Reconstructive Surgery, @gmail.com. Website: www.yourgums.com. Contact States Navy 1989-91; private practice Brentwood, CA and 4) American Board of Forensic Medicine. Extensive Richard Benveniste, DDS, MSD. Previous three-term since 1991—serving over 13,000 patients on a fee for experience in all aspects of cosmetic, plastic, and recon- officer of State Dental Board of California, having ruled on service basis; Professorship at 2 Universities: UCLA structive surgery of the breast, nose, face, eye, and body. all phases of dental practice. Practicing as an expert, School of dentistry as well as Western University College Well-published author of several textbook chapters and consultant, evaluator and teacher in the treatment of TMJ, of dental medicine. Member: American Academy of Cos- journal articles related to above topics. Extensive experi- personal injury (PI), lien cases, and dental injury. Multiple metic Orthodontics—2013, ADA since 1991 and Peer ence in medical malpractice case review, consultation, distinguished service citations from California State Review Committee ADA 1995-2009, Delta Dental Peer written evaluation and testimony in depositions and trial Department of Consumer Affairs. Provider of continuing Review 2000-present, Founder & CEO-Homeless Not for plaintiff and defense. Articulate subspecialty consultant education courses on oral diagnosis, oral medicine, treat- Toothless 1991-present. www.homelessnottoothless.org, with up-to-date knowledge and expertise of plastic ment modalities, TMJ diagnosis and therapy. Multiple providing over $3-Million in probono dental care to home- surgery literature and standards of care. Opinions sup- long-term professional organization memberships. less veterans, foster children and the indigent. ported by extensive subspecialty education, training, and Degrees/licenses: Doctor of Dental Surgery, (DDS); Mas- experience. ter of Science in Dentistry (MSD). DEVELOPMENT CREDIT REPORTING, SCORING JAY GROSSMAN DDS CASTLELYONS CORPORATION & DAMAGES EXPERT 11980 San Vicente Boulevard, Suite 507, Brentwood, CA Forty-five years in the entitlement, development and 90049, (310) 820-0123, e-mail: jaygrossmandds@gmail homebuilding industry. Areas of expertise: partnership EASY CREDIT RELIEF, INC. .com. Website: www.expertwitness.dental. Contact Dr. disputes, industry customs/practices, standard of care 2625 Townsgate Road, Suite 330, Westlake Village, Jay Grossman. Dental malpractice & injury expert testi- issues, brokerage complaints and fraud/misconduct. CA 91361, (805) 267-1118, fax (805) 267-1101, mony. As of January 2018: Have been deposed over 100 MBA/USC, CA and HI Broker’s licenses. Seasoned e-mail: [email protected]. Website: www times; reviewed over 600 cases for both defense and expert with proved trial testimony on a variety of real .creditdamagesexpert.com. Contact Doug Minor. plaintiff including peer review, accidents, and malpractice. estate cases. For career accomplishments, testimonials Credit reporting, score and damages expert witness/con- 60% plaintiff / 40% defense. Have qualified in Superior and other areas of expertise, please refer to website at sultant with over 30 years of experience. He has passed Court over 50 times and never been disqualified. At least www.castlelyons.net or contact Michael K. Ryan, the required examination to receive from the CDIA a Fair 95% of my time is spent in patient care. I can be counted President, CastleLyons Corporation at (619) 787-5988. Credit Reporting Act Certification and can help with credit on to be ethical, competent, prepared and analytical as See display ad on page 49. report evaluation preparing credit damages report, mod- well as articulate and persuasive at depositions and court

Los Angeles Lawyer April 2018 37 ECONOMIC DAMAGES accounting, finance, economics, and related subjects. SMITH DICKSON, AN ACCOUNTANCY See display ad on back cover. CORPORATION ADVISORS/EXPERTS @ MCS ASSOCIATES 18100 Von Karman Avenue, Suite 420, Irvine, CA 18881 Von Karman, Suite 1175, Irvine, CA 92612, GURSEY | SCHNEIDER LLP 92612, (949) 553-1020, fax (949) 553-0249, e-mail: (949) 263-8700, fax (949) 263-0770, e-mail: experts 1888 Century Park East, Suite 900, Los Angeles, CA [email protected]. Website: @mcsassociates.com. Website: www.mcsassociates 90067, (310) 552-0960, fax (310) 557-3468, e-mail: gk www.smithdickson.com. Contact Deborah Dickson, .com. Contact Norman Katz, managing partner. @gursey.com. Website: www.gursey.com. Contact CPA. CPA 25+ years, testifying 15+ years, forensic Nationally recognized banking, finance, insurance, and Gary Krausz. Gursey | Schneider specializes in forensic accounting and litigation support. Superior Litigation Sup- real estate consulting group (established 1973). Experi- accounting and litigation support services in the areas of port services since 1995. The professionals at Smith enced litigation consultants/experts include senior civil litigation, business disputes, bankruptcy, damage Dickson clearly, independently, and accurately analyze bankers, lenders, consultants, economists, accountants, and cost-profit insurance claims, court accountings, fraud financial information, calculate damages, evaluate claims, insurance underwriters/brokers. Specialties include: lend- investigations, accounting malpractice, intellectual prop- prepare expert reports and render expert testimony. ing customs, practices, policies, in all types of lending erty, construction, government accounting, and entertain- Thousands of hours of forensic accounting, deposition (real estate, business/commercial, construction, con- ment litigation. Gursey | Schneider has over 38 years of and trial experience. Damage calculations; lost profits; sumer/credit card), banking operations/administration, experience as expert witnesses in accounting related forensic accounting; expert testimony; intellectual prop- trusts and investments, economic analysis and valua- matters. See display ad on page 37. erty; fraud & embezzlement; real estate; trust & estate tions/damages assessment, insurance claims, coverages HIGGINS, MARCUS & LOVETT, INC. beneficiary disputes, tax controversy; business valuations; and bad faith, real estate development, brokerage, business dissolution. appraisal, escrow, and title insurance. 800 South Figueroa Street, Suite 710, Los Angeles, CA 90017, (213) 617-7775, fax (213) 617-8372, e-mail: info WARONZOF ASSOCIATES, INC. CHRISTOPOULOS ECONOMICS @hmlinc.com. Contact Mark C. Higgins, ASA. The 400 Continental Boulevard, Sixth Floor, El Segundo, CA CONSULTING GROUP firm has over 30 years of litigation support and expert tes- 90245, (310) 322-7744, fax (424) 285-5380. Website: 575 Anton Boulevard, Suite 300, Costa Mesa, CA 92626, timony experience in matters involving business valuation, www.waronzof.com. Contact Timothy R. Lowe, MAI, (714) 442-8561, fax (714) 586-5940, e-mail: expert economic damages, intellectual property, loss of business CRE. Waronzof provides real estate and land use litiga- @econconsulting.com. Website: www.econconsulting goodwill, and lost profits. Areas of practice include busi- tion support services including economic damages, lost .com. Contact Jim Christopoulos. Jim Christopoulos ness disputes, eminent domain, bankruptcy, and corpo- profits, financial feasibility, lease dispute, property value, is well versed in the calculation of past and present value rate and marital dissolution. See display ad on page 31. enterprise value, partnership interest and closely held future economic damages for all matters such as employ- RGL FORENSICS share value, fair compensation, lender liability, and reor- ment litigation, business litigation, wrongful death, and ganization plan feasibility. Professional staff of five with personal injury, including the calculation of future medical Orange County Office: 625 City Drive South, Suite 290, advanced degrees and training in real estate, finance, care costs. We provide credible testimony and produce Orange, CA 92868, (714) 740-2100. Contact Hank urban planning, and accounting. See display ad on clear summary reports of relevant conclusions. Kahrs, [email protected], Alan Lurie, alurie@rgl .com. San Diego Office: 11440 W Bernardo Court, Suite page 43. CORNERSTONE RESEARCH 300, San Diego, CA 92127, (619) 236-0377. Contact WHITE, ZUCKERMAN, WARSAVSKY, 633 West Fifth Street, 31st Floor, Los Angeles, CA Rich Holstrom, [email protected]. RGL Forensics is an LUNA & HUNT 90071-2005, (213) 553-2500, fax (213) 553-2699. international firm of forensic financial experts exclusively 15490 Ventura Boulevard, Suite 300, Sherman Oaks, Website: www.cornerstone.com. Contact George G. dedicated to damage analysis, fraud investigation, and CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park Strong, Jr., Richard W. Dalbeck, Katie J. Galley, valuation. Serving the legal, insurance, and business Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax Elaine Harwood, Carlyn Irwin, Pierrick Morel, or communities for more than 30 years, the firm is unique in (949) 219-9095, e-mail: [email protected]. Website: Ashish Pradhan. For more than 25 years, Cornerstone its ability to combine investigative accounting, business www.wzwlh.com. Contact Barbara Luna. Expert wit- Research staff have provided economic and financial valuation, fraud, and forensic technology expertise. For ness testimony for complex litigation involving damage analysis in all phases of commercial litigation and regula- attorneys, we discover and define financial value in trans- analyses of lost profits, unjust enrichment, reasonable tory proceedings. We work with a broad network of testi- actions and civil and criminal disputes, and when neces- royalties, lost earnings, lost value of business, forensic fying experts, including prominent faculty and industry sary provide expert witness testimony in court and arbi- accounting, fraud investigation, investigative analysis of practitioners, in a distinctive collaboration. The experts tration proceedings. For more information about RGL, liability, and marital dissolution, and tax planning and with whom we work bring the specialized expertise please visit www.rgl.com. preparation. Excellent communicators with extensive tes- required to meet the demands of each assignment. MICHAEL D. ROSEN, CPA, PHD, ABV timony experience. Prior Big Four accountants. Special- Our areas of specialization include intellectual property, ties include accounting, breach of contract, breach of antitrust, securities, entertainment, real estate, financial 3780 Kilroy Airport Way, Suite 200, Long Beach, CA fiduciary duty, business interruption, business dissolution, institutions, and general business litigation. 90806, (562) 256-7052, fax (562) 256-7001, e-mail: [email protected]. Website: www.mrosencpa.com. construction defects, delays, and cost overruns, fraud, CORPORATE SCIENCES, INC. Contact Michael D. Rosen. We are litigation consul- insurance bad faith, intellectual property (including trade- 3215 East Foothill Boulevard, Pasadena, CA 91107, (626) tants, forensic accountants, expert witnesses. Our mis- mark, patent, and copyright infringement, and trade 440-7200, fax: (626) 440-1800, e-mail: jsdantoni@hotmail sion is to tell the financial story that underlies every busi- secrets), malpractice, marital dissolution, personal injury, .com. Website: www.corporatesciences.com. Contact ness litigation matter and to convey that story in a clear product liability, real estate, securities, tax planning and Dr. Joseph S. D’Antoni, Managing Principal. Cor- and concise manner to the trier of fact. Our findings allow preparation, IRS audit defense, tracing, unfair advertising, porate Sciences, Inc., provides over 40 years of financial a realistic assessment of the case and support settlement unfair competition, valuation of businesses, and wrongful analysis and expert testimony in all types of commercial efforts. Our work is designed to render conclusive opin- termination. See display ad on page 41. litigation. Extensive experience in a broad range of indus- ions and to withstand cross-examination. We specialize in ZIVETZ, SCHWARTZ & SALTSMAN, CPAS tries for computing economic damages, lost profits, valu- business damages (lost profits and loss in value), per- 11900 West Olympic Boulevard, Suite 650, Los Angeles, ation and appraisal, fraud, breach of contract, partnership sonal damages (lost earnings), and business valuation. CA 90064-1046, (310) 826-1040, fax (310) 826-1065. disputes, and bankruptcy-related matters. Professionals SCHULZE HAYNES LOEVENGUTH & CO. Website: www.zsscpa.com. Contact Lester J. also serve as mediators, arbitrators, special masters, and Schwartz, CPA/CFF, DABFE, DABFA, Michael D. third-party administrators as well as consulting and testi- 660 South Figueroa Street, Suite 1280, Los Angeles, Saltsman, CPA, MBA, Lynda R. Schauer, CPA, fying experts. CA. 90017, (213) 627-8280, fax (213) 627-8301, e-mail: [email protected]. Website: www.schulze- CVA, CGMA, David L. Bass, CPA, David Dichner, FULCRUM INQUIRY haynes.com. Contact Karl J. Schulze. Our creden- CPA, ABV, Sandy Green, CPA, Silva Hakobyan, 888 South Figueroa Street, Suite 2000, Los Angeles, tials include CPA, CVA, ABV, CFE, CFF and PhD. CPA, Argin Gharibian, CPA, Troy Hoang, CPA. CA 90017, (213) 787-4100, fax (213) 891-1300, Our expertise includes analysis and testimony over a Accounting experts in forensic accounting, tax issues, e-mail: [email protected]. Website: www.fulcrum broad range of industries and issue areas. We provide business valuations, and appraisals, marital dissolutions, .com. Contact David Nolte. Our professionals are advisory and testimony in matters involving economic eminent domain, insurance losses, business interruption, experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- damages, intellectual property disputes, employment, goodwill, economic analysis, investigative auditing, loss of sors, and industry specialists. Our analysis and research fraud and embezzlement, governance and shareholder earning, commercial damages, and lost profits. Expert combined with unique presentation techniques have matters, and alter ego, among others. We have worked witness testimony preparation, settlement negotiations, resulted in an unequaled record of successful court cases with middle-market and Fortune 500 companies and have and consultations. See display ad on page 47. and client recoveries. Our expertise encompasses dam- provided guidance on corporate governance, crisis man- ages analysis, loss profit studies, business and intangible agement, strategic planning, insolvency management, ECONOMICS asset valuations, fraud investigations, statistics, forensic acquisition and feasibility analysis and debt restructuring. ADVISORS/EXPERTS @ MCS ASSOCIATES economic analysis, royalty audits, strategic and market We perform business valuations in disputed matters as 18881 Von Karman, Suite 1175, Irvine, CA 92612, assessments, competitive surveys, analysis of computer- well as for transactional purposes. Our experience (949) 263-8700, fax (949) 263-0770, e-mail: experts ized data, injury and employment damages, and a wide includes serving as CEO, CFO, CRO, and our principals @mcsassociates.com. Website: www.mcsassociates range of other financial advisory services. Degrees/ average well over 30 years’ experience each. See .com. Contact Norman Katz, managing partner. licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in display ad on page 31. Nationally recognized banking, finance, insurance, and

38 Los Angeles Lawyer April 2018 real estate consulting group (established 1973). Experi- enced litigation consultants/experts include senior bankers, lenders, consultants, economists, accountants, insurance underwriters/brokers. Specialties include: lending customs, practices, policies, in all types of lend- ing (real estate, business/commercial, construction, con- sumer/credit card), banking operations/administration, trusts and investments, economic analysis and valua- tions/damages assessment, insurance claims, coverages and bad faith, real estate development, brokerage, appraisal, escrow, and title insurance. CMM, LLP With offices in Woodland Hills and El Segundo, (818) 986-5070, fax (818) 986-5034, e-mail: rschreiber @cmmcpas.com. Website: www.cmmcpas.com. Contact Robert Schreiber. Specialties: consultants who provide extensive experience, litigation support, and expert testimony regarding forensic accountants, fraud investigations, economic damages, business valuations, family law, bankruptcy, and reorganization. Degrees/ licenses: CPAs, CFEs, MBAs. See display ad on page 35. FULCRUM INQUIRY 888 South Figueroa Street, Suite 2000, Los Angeles, CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail: [email protected]. Website: www.fulcrum .com. Contact David Nolte. Our professionals are experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- sors, and industry 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 dam- ages analysis, loss profit studies, business and intangible asset valuations, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, competitive surveys, analysis of computer- ized data, injury and employment damages, and a wide range of other financial advisory services. Degrees/ licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in accounting, finance, economics, and related subjects. See display ad on back cover. ELDER ABUSE HAMPTON HEALTH, LTD™ JOHN H. FULLERTON, MD, MRO, CMD, CFP, FACP, AGSF, FAAHPM 1700 California Street, Suite 470, San Francisco, CA 94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com. Contact John H. Fullerton. Services available: Board Certified in Internal Medicine, Geriatrics, Hospice, Pallia- tive Medicine, Addiction Medicine, and Home Health; Licensed Medical Review Officer. Expertise: Medicare fraud cases for the government, toxicology/DUI, elder abuse including criminal defense of lay caregivers accused of homicide of demented relatives during end- of-life phase. Hospital, ambulatory/outpatient, PI, medical malpractice, and LTC. Medical/hospice directorships. Testified over 200 times and reviewed more than 1,500 cases, including Medicare audits for the government. See display ad on page 43. ELECTRONIC DISCOVERY SETEC INVESTIGATIONS 8391 Beverly Boulevard, Suite 167, Los Angeles, CA 90036, (800) 748-5440, fax (323) 939-5481, e-mail: [email protected]. Website: www.setecinvestigations.com. Contact Todd Stefan. Setec Investigations offers unparalleled expertise in computer forensics and enterprise investigations provid- ing personalized, case-specific forensic analysis and liti- gation support services for law firms and corporations. Setec Investigations possesses the necessary combina- tion of technical expertise, understanding of the legal system, and specialized tools and processes enabling the discovery, collection, investigation, and production of electronic information for investigating and handling computer-related crimes or misuse. Our expertise includes computer forensics, electronic discovery, litigation support, and expert witness testimony.

Los Angeles Lawyer April 2018 39 EMPLOYMENT/WAGE EARNING EXPONENT ENVIRONMENTAL ENGINEER CAPACITY 5401 McConnell Avenue, Los Angeles, CA 90066, (310) WZI INC. (ENVIRONMENTAL ENGINEERS) 754-2700, fax (310) 754-2799, e-mail: reza@exponent RGL FORENSICS 1717 28th Street, Bakersfield, CA 93301, (661) 326- .com. Website: www.exponent.com. Contact Ali Reza. 1112, fax (661) 326-6480, e-mail: [email protected]. Orange County Office: 625 City Drive South, Suite 290, Specialties: fires and explosions, metallurgy and mechani- Website: www.wziinc.com. Contact Mary Jane Wilson. Orange, CA 92868, (714) 740-2100. Contact Hank cal engineering, structural and geotechnical, accident BS, petroleum engineering environmental assessor REPA Kahrs, [email protected], Alan Lurie, alurie@rgl reconstruction and analysis, human factors, risk and relia- 450065. Specialties include regulatory compliance, petro- .com. San Diego Office: 11440 W Bernardo Court, Suite bility assessment, toxicology and human health, biome- leum, and power generation. 300, San Diego, CA 92127, (619) 236-0377. Contact chanics, electrical and semiconductors, aviation, materi- Rich Holstrom, [email protected]. RGL Forensics is an als science, HVAC, energy consulting, construction ESCROW international firm of forensic financial experts exclusively defect, scheduling, environmental remediation, water dedicated to damage analysis, fraud investigation, and quality and policy. ADVISORS/EXPERTS @ MCS ASSOCIATES valuation. Serving the legal, insurance, and business 18881 Von Karman, Suite 1175, Irvine, CA 92612, communities for more than 30 years, the firm is unique in SCS ENGINEERS (949) 263-8700, fax (949) 263-0770, e-mail: experts its ability to combine investigative accounting, business 3900 Kilroy Airport Way, Suite 100, Long Beach, CA @mcsassociates.com. Website: www.mcsassociates valuation, fraud, and forensic technology expertise. For 90806, (562) 426-9544, fax (562) 427-0805, e-mail: jnuno .com. Contact Norman Katz, managing partner. attorneys, we discover and define financial value in trans- @scsengineers.com. Website: www.scsengineers.com. Nationally recognized banking, finance, insurance, and actions and civil and criminal disputes, and when neces- Contact Julio Nuno, VP. SCS provides expert witness real estate consulting group (established 1973). Experi- sary provide expert witness testimony in court and arbi- services related to environmental studies and engineering, enced litigation consultants/experts include senior tration proceedings. For more information about RGL, water resources, solid waste and air quality and industrial bankers, lenders, consultants, economists, accountants, please visit www.rgl.com. hygiene and safety services. We are a 46-year old con- insurance underwriters/brokers. Specialties include: lend- sulting firm with 68 offices across the US and nearly 800 ing customs, practices, policies, in all types of lending ENGINEER/TRAFFIC employees. Our Long Beach office has more than 30 pro- (real estate, business/commercial, construction, con- fessional engineers, scientists, and subject matter experts WILLIAM KUNZMAN, PE sumer/credit card), banking operations/administration, available on short notice to serve asbestos, lead-based trusts and investments, economic analysis and valua- 1111 Town and Country #34, Orange, CA 92868, paint, and other specialty areas requiring expert witness tions/damages assessment, insurance claims, coverages (714) 904-2821, e-mail: [email protected]. services. Website: www.traffic-engineer.com. Contact William and bad faith, real estate development, brokerage, Kunzman, PE. Traffic expert witness since 1979, both ENGINEERING/GEOTECHNICAL appraisal, escrow, and title insurance. defense and plaintiff. Auto, pedestrian, bicycle, and motorcycle accidents. Largest plaintiff verdicts: 1) COTTON, SHIRES AND ASSOCIATES, INC. EXPERT REFERRAL SERVICE $12,200,000 in pedestrian accident case against Cal- Southern California branch, serving greater So. Cal. area, PRO/CONSUL trans, 2) $10,300,000 in case against Los Angeles Unified (805) 375-1050, fax (805) 375-1059, e-mail: mphipps TECHNICAL AND MEDICAL EXPERTS School District. Largest settlement: $2,000,000 solo vehi- @cottonshires.com. Website: www.cottonshires.com. 1945 Palo Verde Avenue, Suite 200, Long Beach, CA cle accident case against Caltrans. Best defense verdicts: Contact Michael Phipps or Patrick O. Shires. Full 90815, (800) 392-1119, fax (562) 799-8821, e-mail: 1) $0 while defending Caltrans and opposition sought service geotechnical engineering consulting firm specializ- [email protected]. Website: www.expertinfo.com. $16,000,000. 2) $0 defending City of Long Beach and ing in investigation, design, arbitration, and expert witness Contact Jesse De La Torre. Right expert right away! opposition sought $15,000,000. Before becoming expert testimony with offices in Los Gatos, Thousand Oaks, and We are listed and recommended by the A.M. Best Com- witness, employed by Los Angeles County Road Depart- San Andreas, California. Earth movement (settlement, soil pany. We welcome your rush cases! 15,000 medical and ment, Riverside County Road Department, City of Irvine, creep, landslides, tunneling and expansive soil), founda- technical experts in over 3,000 fields, many in the South- and Federal Highway Administration. Knowledge of gov- tion distress (movement and cracking of structures), ern California area. Pro/Consul always strives to provide ernmental agency procedures, design, geometrics, signs, drainage and grading issues (seepage through slabs, the best experts at a reasonable cost, including medical traffic controls, maintenance, and pedestrian protection moisture intrusion, nuisance water, and ponding water in doctors for IME’s, biomechanical engineers, accident barriers. Hundreds of cases. Undergraduate work— crawlspace), pavement and slab distress (cracking and reconstruction, electrical engineers, fire cause and origin, UCLA, graduate work—Yale University. separating), retaining walls (movement, cracking, and fail- neuropsychology, accounting and economics, materials ures), pipelines, flooding and hydrology, design and con- and metallurgy, engineering, plastics, appraisal and valua- ENGINEERING struction deficiencies, aerial photo analysis; expert testi- tion, construction, human factors, insurance, lighting, mony at 87+ trials (municipal, superior, and federal), 230+ 4X FORENSIC ENGINEERING marine, mechanical, medical billing, roof, safety, security, depositions, 250+ settlement conferences in California, LABORATORIES, INC. SOC, toxicology, MDs, RNs, etc. Free resume binder. Nevada, Hawaii, and Michigan. 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) See display ad on page 33. 450-8500, fax (714) 450-8599, e-mail: phil@4Xforensic ENVIRONMENTAL TASA (A DIVISION OF THE TASA GROUP, INC.) .com. Website: www.4Xforensic.com. Contact Phil Van Providing Outstanding Local, National and Global Herle. 4X Forensic Engineering Laboratories is a full-ser- SCS ENGINEERS Experts in ALL Categories. Plaintiff/Defense. Civil/ vice forensic engineering laboratory. We provide expert 3900 Kilroy Airport Way, Suite 100, Long Beach, CA Criminal. Contact Deborah Morris. (800) 523-2319, witness and analytical and testing services in the following 90806, (562) 426-9544, fax (562) 427-0805, e-mail: jnuno fax (800) 329-8272, e-mail: experts@TASAnet areas: fires and explosions: electrical and gas product @scsengineers.com. Website: www.scsengineers.com. defect investigations, thermal and fire modeling and labo- Contact Julio Nuno, VP. SCS provides expert witness .com. Website: www.TASAnet.com. Since 1956, ratory testing; water loss: materials, corrosion, and failure services related to environmental studies and engineering, TASA has been your source for a variety of superior analysis of plumbing products; failure analysis: metallurgy, water resources, solid waste and air quality and industrial quality, independent testifying and consulting product testing, and computerized stress analysis; acci- hygiene and safety services. We are a 46-year old con- experts. We offer more than 11,000 diverse dent reconstruction: automotive, trucks, construction sulting firm with 68 offices across the US and nearly 800 categories of expertise and hard-to-find specialties in equipment, and premises liability. See display ad on employees. Our Long Beach office has more than 30 pro- technology, business, the arts, and sciences, page 39. fessional engineers, scientists, and subject matter experts including 1,000+ medical areas through our sister available on short notice to serve asbestos, lead-based company, TASAmed. Our experienced referral A & E FORENSICS paint, and other specialty areas requiring expert witness advisors target your criteria and connect you with 2121 Montiel Road, San Marcos, CA 92069, (877) 839- services. the experts available to discuss your case. There is 7302, fax (760) 480-7477, e-mail: steve@aeforensics no charge for our services until you engage or THE REYNOLDS GROUP .com. Website: www.aeforensics.com. Contact Steve designate an expert witness we refer. Visit our Norris, AIA, PE, GE, HG, CEG, CASP, LEED. Archi- P.O. Box 1996, Tustin, CA 92781-1996, (714) 730-5397, website to search expert profiles by expertise key fax (714)730-6476, e-mail: edreynolds@reynolds-group tect, engineer, contractor—standard of care expert. word, order due diligence research reports on your Retained over 200 times, deposed over 100 times, and .com. Website: www.reynolds-group.com. Contact Ed expert witness or opposing counsel’s, request an testified in trial over 20 times. Waterproofing, water intru- Reynolds, RCE, Principal. An environmental consult- expert through our online form. Explore the sion, building envelope, zoning setbacks, concrete per- ing, and contracting firm. Expertise: environmental conta- Knowledge Center to read expert-authored articles formance, path of travel, structural analysis, earthquake- mination, assessment, remediation, reasonable value of fire damage, and plan analysis. Landslides, retaining wall construction, standard of care, and related financial mat- and view archived webinars. While on our website, failure, settlement, flooding, grading, septic, expansive ters. Degrees in Civil Engineering: USC (BS), University of you can register for upcoming webinars and sign up soils, mud flows, pavement distress, ground water evalu- Houston (MS), (MBA) Harvard. California Registered Civil to receive our electronic newsletters. Save $175 ation, and slope analysis. Cost estimates, construction Engineer, Licensed A, B, HAZ California Contractor. 30 (admin fee) on your first expert witness designation management, delay analysis, and contracts. Serving all years’ experience. Adjunct Faculty Member USC Viterbi with Promo Code: LA18. Be sure to check out our California, Hawaii, and Oklahoma. See display ad on School of Engineering Department of Civil and Environ- insert and display ad in this issue! Please see our page 35. mental Engineering. insert in this issue and display ad on page 30.

40 Los Angeles Lawyer April 2018

FAILURE ANALYSIS fraud/forensic investigations, taxation, personal injury, ZIVETZ, SCHWARTZ & SALTSMAN, CPAS wrongful termination, and professional liability. 4X FORENSIC ENGINEERING 11900 West Olympic Boulevard, Suite 650, Los Angeles, LABORATORIES, INC. KRYCLER, ERVIN, TAUBMAN, AND KAMINSKY CA 90064-1046, (310) 826-1040, fax (310) 826-1065. Website: www.zsscpa.com. Contact Lester J. 15303 Ventura Boulevard, Suite 1040, Sherman Oaks, 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) Schwartz, CPA/CFF, DABFE, DABFA, Michael D. CA 91403, (818) 995-1040, fax (818) 995-4124. Website: 450-8500, fax (714) 450-8599, e-mail: phil@4Xforensic Saltsman, CPA, MBA, Lynda R. Schauer, CPA, www.ketkcpa.com. Contact Michael J. Krycler. Liti- .com. Website: www.4Xforensic.com. Contact Phil Van CVA, CGMA, David L. Bass, CPA, David Dichner, gation support, including forensic accounting, business Herle. 4X Forensic Engineering Laboratories is a full-ser- CPA, ABV, Sandy Green, CPA, Silva Hakobyan, appraisals, family law accounting, business and profes- vice forensic engineering laboratory. We provide expert CPA, Argin Gharibian, CPA, Troy Hoang, CPA. witness and analytical and testing services in the following sional valuations, damages, fraud investigations, and lost Accounting experts in forensic accounting, tax issues, areas: fires and explosions: electrical and gas product earnings. Krycler, Ervin, Taubman, and Kaminsky is a full- business valuations, and appraisals, marital dissolutions, defect investigations, thermal and fire modeling and labo- service accounting firm serving the legal community for eminent domain, insurance losses, business interruption, ratory testing; water loss: materials, corrosion, and failure more than 25 years. See display ad on page 36. goodwill, economic analysis, investigative auditing, loss of analysis of plumbing products; failure analysis: metallurgy, NIGRO KARLIN SEGAL & FELDSTEIN, LLP earning, commercial damages, and lost profits. Expert product testing, and computerized stress analysis; acci- witness testimony preparation, settlement negotiations, dent reconstruction: automotive, trucks, construction 10960 Wilshire Boulevard, 5th Floor, Los Angeles, CA and consultations. See display ad on page 47. equipment, and premises liability. See display ad on 90024, (310) 229-5161, fax (310) 229-4430, e-mail: page 39. [email protected]. Website: www.nksfb.com. Contact Irwin Nachimson. I specialize in forensic FEES & ETHICS KARS’ ADVANCED MATERIALS, INC. accounting and litigation support projects. Our expertise JOEL MARK includes contract dispute, fraud, family law, insolvency, Testing and Research Labs, 2528 West Woodland Drive, 919 Box Canyon Trail, Palm Desert, CA 92211 (760) 200- music, and expert testimony. I have over 26 years of Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 4554, fax (760) 772-6665, e-mail: [email protected]. experience and our entire department of 60 accountants 527-7169, e-mail: [email protected]. Website: www Consulting/expert witness experience: Ninety-five plus is devoted exclusively to forensic projects. .karslab.com. Contact Dr. Ramesh Kar, Dr. Naresh assignments in attorney fee disputes; attorney ethics, Kar, Dr. Nikhil Kar. Southern California’s premier mate- PAMELA WAX-SEMUS, CFE WS attorney malpractice (litigation). Specialties include busi- rials/mechanical/metallurgical/structural/ forensics labora- ENTERPRISES ness litigation, intellectual property, commercial law, pro- tory. Registered professional engineers with 30+ years in fessional liability, and banking. Previous position/appoint- etallurgical/forensic/structural/mechanical failure analysis. 107 North Reino Road, #402, Newbury Park, CA 91320, (805) 499-3035, fax (805) 498-0468,e-mail: pamela ments: California State Bar Committee on Mandatory Fee Experienced with automotive, bicycles, tires, fire, paint, Arbitration, California State Bar Committee on Profes- plumbing, corrosion, and structural failures. We work on @tracingqueen.net. Website: www.tracingqueen.net. Contact Pamela Wax-Semus, CFE. I am experienced sional Responsibility and Conduct; appointed expert con- both plaintiff and defendant cases. Complete in-house sultant by the Los Angeles County Superior Court, State capabilities for tests. Extensive deposition and courtroom in most areas of litigation support services with a particu- lar emphasis in tracing of assets, real property allocation, Bar MFA Presiding Arbitrator (2009-2012); State Bar of experience (civil and criminal investigations). Principals are California Special Deputy Trial Counsel for Disciplinary Fellows of American Society for Metals and Fellows, stock option analysis, reimbursements and related alloca- tion issues. I have vast experience not only in marital dis- Matters (2010-present). Membership in professional soci- American College of Forensic Examiners. See display ad eties: LACBA, State Bar of California. Degrees/license: on page 43. solution matters. My expertise extends to trust and pro- bate accountings, fraud, and other litigation-related UC Berkeley (AB, 1969), UC Berkeley: Hastings College matters. of Law (JD, 1972); Admitted California 1972, Colorado, FAMILY LAW 1994. BRIAN LEWIS & COMPANY RGL FORENSICS 10866 Wilshire Boulevard, 10the Floor, Los Angeles, CA Orange County Office: 625 City Drive South, Suite 290, FINANCIAL 90024, (310) 475-5676, e-mail: [email protected]. Orange, CA 92868, (714) 740-2100. Contact Hank ADVISORS/EXPERTS @ MCS ASSOCIATES Kahrs, [email protected], Alan Lurie, alurie@rgl Contact Brian Lewis, CPA, CVA. Forensic accounting, 18881 Von Karman, Suite 1175, Irvine, CA 92612, .com. San Diego Office: 11440 W Bernardo Court, Suite business valuations, cash spendable reports, estate, (949) 263-8700, fax (949) 263-0770, e-mail: experts 300, San Diego, CA 92127, (619) 236-0377. Contact trust, and income tax services. @mcsassociates.com. Website: www.mcsassociates Rich Holstrom, [email protected]. RGL Forensics is .com. CMM, LLP an international firm of forensic financial experts exclu- Contact Norman Katz, managing partner. Nationally recognized banking, finance, insurance, and With offices in Woodland Hills and El Segundo, (818) 986- sively dedicated to damage analysis, fraud investigation, real estate consulting group (established 1973). Experi- 5070, fax (818) 986-5034, e-mail: rschreiber@cmmcpas and valuation. Serving the legal, insurance, and business enced litigation consultants/experts include senior .com. Website: www.cmmcpas.com. Contact Robert communities for more than 30 years, the firm is unique in bankers, lenders, consultants, economists, accountants, Schreiber. Specialties: consultants who provide exten- its ability to combine investigative accounting, business insurance underwriters/brokers. Specialties include: lend- sive experience, litigation support, and expert testimony valuation, fraud, and forensic technology expertise. For ing customs, practices, policies, in all types of lending regarding forensic accountants, fraud investigations, eco- attorneys, we discover and define financial value in trans- (real estate, business/commercial, construction, con- nomic damages, business valuations, family law, bank- actions and civil and criminal disputes, and when neces- sumer/credit card), banking operations/administration, ruptcy, and reorganization. Degrees/licenses: CPAs, sary provide expert witness testimony in court and arbi- trusts and investments, economic analysis and valua- CFEs, MBAs. See display ad on page 35. tration proceedings. For more information about RGL, tions/damages assessment, insurance claims, coverages please visit www.rgl.com. GURSEY | SCHNEIDER LLP and bad faith, real estate development, brokerage, 1888 Century Park East, Suite 900, Los Angeles, CA WHITE, ZUCKERMAN, WARSAVSKY, appraisal, escrow, and title insurance. LUNA & HUNT 90067, (310) 552-0960, fax (310) 557-3468, 20355 CORNERSTONE RESEARCH Hawthorne Boulevard, First Floor, Torrance, CA 90503, 15490 Ventura Boulevard, Suite 300, Sherman Oaks, 633 West Fifth Street, 31st Floor, Los Angeles, CA (310) 370-6122, fax (310) 370-6188, 2211 Michelson CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park 90071-2005, (213) 553-2500, fax (213) 553-2699. Drive, Suite 830, Irvine, CA 92612, (949) 265-9900, fax Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax Website: www.cornerstone.com. Contact George G. (949) 265-9901, 50 California Street, Suite 1320, San (949) 219-9095, e-mail: [email protected]. Website: Strong, Jr., Richard W. Dalbeck, Katie J. Galley, Francisco, CA 94111, (415)855-8400, fax (415) 855- www.wzwlh.com. Contact Barbara Luna. Expert wit- Elaine Harwood, Carlyn Irwin, Pierrick Morel, or 8410, e-mail: [email protected] or kgillespie@gursey ness testimony for complex litigation involving damage Ashish Pradhan. For more than 25 years, Cornerstone .com. Website: www.gursey.com. Contact Tina analyses of lost profits, unjust enrichment, reasonable Research staff have provided economic and financial Fujisaki or Kristen L. Gillespie. Forensic accounting royalties, lost earnings, lost value of business, forensic analysis in all phases of commercial litigation and regula- and litigation support services in all areas relating to mari- accounting, fraud investigation, investigative analysis of tory proceedings. We work with a broad network of testi- tal dissolution, including business valuation, tracing and liability, and marital dissolution, and tax planning and fying experts, including prominent faculty and industry apportionment of real property and assets, net spendable preparation. Excellent communicators with extensive tes- practitioners, in a distinctive collaboration. The experts evaluations, determination of gross cash flow available for timony experience. Prior Big Four accountants. Special- with whom we work bring the specialized expertise support and analysis of reimbursement claims and marital ties include accounting, breach of contract, breach of required to meet the demands of each assignment. Our standards of living. See display ad on page 37. fiduciary duty, business interruption, business dissolution, areas of specialization include intellectual property, construction defects, delays, and cost overruns, fraud, antitrust, securities, entertainment, real estate, financial HAYNIE & COMPANY, CPAS insurance bad faith, intellectual property (including trade- institutions, and general business litigation. 4910 Campus Drive, Newport Beach, CA 92660-2119, mark, patent, and copyright infringement, and trade (949) 724-1880, fax (949) 724-1889, e-mail: sgabrielson secrets), malpractice, marital dissolution, personal injury, FULCRUM INQUIRY @hayniecpa.com. Website: www.hayniecpa.com. product liability, real estate, securities, tax planning and 888 South Figueroa Street, Suite 2000, Los Angeles, Contact Steven C. Gabrielson. Consulting and preparation, IRS audit defense, tracing, unfair advertising, CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail: expert witness testimony in a variety of practice areas: unfair competition, valuation of businesses, and wrongful [email protected]. Website: www.fulcrum.com. commercial damages, ownership disputes, economic termination. See display ad on page 41. Contact David Nolte. Our professionals are experi- analysis, business valuation, lost profits analysis,

42 Los Angeles Lawyer April 2018 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, loss profit studies, business and intangible asset valuations, fraud investigations, statistics, forensic eco- nomic analysis, royalty audits, strategic and market assessments, competitive surveys, analysis of computer- ized data, injury and employment damages, and a wide range of other financial advisory services. Degrees/ licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in accounting, finance, economics, and related subjects. See display ad on back cover. HAYNIE & COMPANY, CPAS 4910 Campus Drive, Newport Beach, CA 92660-2119, (949) 724-1880, fax (949) 724-1889, e-mail: sgabrielson @hayniecpa.com. Website: www.hayniecpa.com. Contact Steven C. Gabrielson. Consulting and expert witness testimony in a variety of practice areas: commercial damages, ownership disputes, economic analysis, business valuation, lost profits analysis, REAL ESTATE DISPUTE CONSULTING fraud/forensic investigations, taxation, personal injury, wrongful termination, and professional liability. WARONZOF ASSOCIATES FIRE/EXPLOSIONS Timothy R. Lowe, MAI, CRE, FRICS 4X FORENSIC ENGINEERING LABORATORIES, INC. • 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) economic damages •lease disputes 450-8500, fax (714) 450-8599, e-mail: phil@4Xforensic •fair compensation •land use disputes .com. Website: www.4Xforensic.com. Contact Phil Van •property valuation • Herle. 4X Forensic Engineering Laboratories is a full-ser- partnership interest value vice forensic engineering laboratory. We provide expert •lost profits •reorganization plan feasibility witness and analytical and testing services in the following areas: fires and explosions: electrical and gas product Waronzof Associates, Incorporated 310.322.7744 T 424.285.5380 F defect investigations, thermal and fire modeling and labo- 400 Continental Boulevard, Sixth Floor [email protected] ratory testing; water loss: materials, corrosion, and failure El Segundo, CA 90245 www.waronzof.com analysis of plumbing products; failure analysis: metallurgy, product testing, and computerized stress analysis; acci- dent reconstruction: automotive, trucks, construction equipment, and premises liability. See display ad on page 39. FOOD SAFETY/HACCP FOOD SAFETY AND HACCP COMPLIANCE 20938 De Mina Street, Woodland Hills, CA 91364, (818) 703-7147, e-mail: [email protected]. Website: www.foodsafetycoach.com. Contact Jeff Nelken, BS, MA. Master allergy trainer and forensic food safety expert knowledgeable in both food safety, accident prevention and hazard analysis critical control point program devel- opment. Specializes in expert witness testimony and liti- gation consultant in matters regarding food safety, Q.A., standards of performance, HACCP, crisis management, food-borne illness, burns, foreign object, accidents, health department representation, food spoilage, allergy, intentional contamination and customer complaints. Per- forms inspections, vendor audits, site visits, reviews Health Department and third party inspections, training and public speaking. Hands-on food safety consultant for restaurants, manufacturers, distributors, country clubs, schools, nursing homes, and casinos. NRA SERVSAFE certified instructor. Thirty years of food and hospitality experience. Registered as a certified provider with the Los Angeles County Health Department. Forensic food safety expert. Food safety expert for CBS, NBC, Inside Edition and CNN. Free consultation for law firms and insurance companies. FORENSIC ACCOUNTING CORNERSTONE RESEARCH 633 West Fifth Street, 31st Floor, Los Angeles, CA 90071-2005, (213) 553-2500, fax (213) 553-2699. Website: www.cornerstone.com. Contact George G. Strong, Jr., Richard W. Dalbeck, Katie J. Galley, Elaine Harwood, Carlyn Irwin, Pierrick Morel, or Ashish Pradhan. For more than 25 years, Cornerstone Research staff have provided economic and financial analysis in all phases of commercial litigation and regula- tory proceedings. We work with a broad network of testi-

Los Angeles Lawyer April 2018 43 fying experts, including prominent faculty and industry tion support. Superior Litigation Support services since GERIATRICS practitioners, in a distinctive collaboration. The experts 1995. The professionals at Smith Dickson clearly, inde- with whom we work bring the specialized expertise pendently, and accurately analyze financial information, HAMPTON HEALTH, LTD™ required to meet the demands of each assignment. Our calculate damages, evaluate claims, prepare expert JOHN H. FULLERTON, MD, MRO, CMD, CFP, areas of specialization include intellectual property, reports and render expert testimony. Thousands of hours FACP, AGSF, FAAHPM antitrust, securities, entertainment, real estate, financial of forensic accounting, deposition and trial experience. 1700 California Street, Suite 470, San Francisco, CA institutions, and general business litigation. Damage calculations; lost profits; forensic accounting; 94109, (415) 460-5532, fax (415) 376-5820, e-mail: expert testimony; intellectual property; fraud & embezzle- [email protected]. Website: hamptonhealthltd.com. FULCRUM INQUIRY ment; real estate; trust & estate beneficiary disputes, tax Contact John H. Fullerton. Services available: Board 888 South Figueroa Street, Suite 2000, Los Angeles, controversy; business valuations; business dissolution. Certified in Internal Medicine, Geriatrics, Hospice, Pallia- CA 90017, (213) 787-4100, fax (213) 891-1300, tive Medicine, Addiction Medicine, and Home Health; e-mail: [email protected]. Website: www.fulcrum WHITE, ZUCKERMAN, WARSAVSKY, Licensed Medical Review Officer. Expertise: Medicare .com. Contact David Nolte. Our professionals are LUNA & HUNT fraud cases for the government, toxicology/DUI, elder experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- 15490 Ventura Boulevard, Suite 300, Sherman Oaks, abuse including criminal defense of lay caregivers sors, and industry specialists. Our analysis and research CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park accused of homicide of demented relatives during end- combined with unique presentation techniques have Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax of-life phase. Hospital, ambulatory/outpatient, PI, medical resulted in an unequaled record of successful court cases (949) 219-9095, e-mail: [email protected]. Website: malpractice, and LTC. Medical/hospice directorships. and client recoveries. Our expertise encompasses dam- www.wzwlh.com. Contact Barbara Luna. Expert wit- Testified over 200 times and reviewed more than 1,500 ages analysis, loss profit studies, business and intangible ness testimony for complex litigation involving damage cases, including Medicare audits for the government. asset valuations, fraud investigations, statistics, forensic analyses of lost profits, unjust enrichment, reasonable See display ad on page 43. economic analysis, royalty audits, strategic and market royalties, lost earnings, lost value of business, forensic assessments, competitive surveys, analysis of computer- accounting, fraud investigation, investigative analysis of GOLF ized data, injury and employment damages, and a wide liability, and marital dissolution, and tax planning and range of other financial advisory services. Degrees/ preparation. Excellent communicators with extensive tes- MICHAEL S. JOHNSTONE, AIA licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in timony experience. Prior Big Four accountants. Special- 15 Southern Fairway Court, Etowah Valley, NC 28729, accounting, finance, economics, and related subjects. ties include accounting, breach of contract, breach of (828) 891-7990, e-mail: [email protected]. See display ad on back cover. fiduciary duty, business interruption, business dissolution, Website: www.johnstonearch.com. Contact Michael construction defects, delays, and cost overruns, fraud, S. Johnstone, AIA. Golf course architect, expert wit- GURSEY | SCHNEIDER LLP insurance bad faith, intellectual property (including trade- ness and forensic study including: wrongful death, 1888 Century Park East, Suite 900, Los Angeles, CA mark, patent, and copyright infringement, and trade drowning, serious injury, errant balls, golf cart accidents 90067, (310) 552-0960, fax (310) 557-3468, e-mail: tinaf secrets), malpractice, marital dissolution, personal injury, & rollover, golf course design, safety, construction @gursey.com or [email protected]. Website: www product liability, real estate, securities, tax planning and defects, irrigation damage, nets and barriers, property .gursey.com. Contact Tina Fujisaki or Kristen L. preparation, IRS audit defense, tracing, unfair advertising, damage, slip and fall, premises liability. Golf courses, Gillespie. Gursey | Schneider specializes in forensic unfair competition, valuation of businesses, and wrongful clubhouses, driving ranges, cart paths, neighboring accounting and litigation support services in the areas of termination. See display ad on page 41. property, and parking lots. 40 years architecture and civil litigation, business disputes, bankruptcy, damage construction management experience. 150+ accident and cost-profit insurance claims, court accountings, fraud FORENSIC ANALYSIS investigations completed across the United States investigations, accounting malpractice, intellectual prop- including: court testimony, deposition, site inspection, erty, construction, government accounting, and entertain- BRIAN LEWIS & COMPANY reports, graphic presentation, construction analysis, and ment litigation. Gursey | Schneider has over 38 years of 10866 Wilshire Boulevard, 10the Floor, Los Angeles, replacement cost estimates. experience as expert witnesses in accounting related CA 90024, (310) 475-5676, e-mail: brian@brianlewis-cpa matters. See display ad on page 37. .com. Contact Brian Lewis, CPA, CVA. Forensic HOSPICE/PALLIATIVE MEDICINE accounting, business valuations, cash spendable reports, PAMELA WAX-SEMUS, CFE WS estate, trust, and income tax services. HAMPTON HEALTH, LTD™ ENTERPRISES JOHN H. FULLERTON, MD, MRO, CMD, CFP, 107 North Reino Road, #402, Newbury Park, CA 91320, FORENSIC PATHOLOGY AND FACP, AGSF, FAAHPM (805) 499-3035, fax (805) 498-0468, e-mail: pamela TOXICOLOGY 1700 California Street, Suite 470, San Francisco, CA @tracingqueen.net. Website: www.tracingqueen.net. 94109, (415) 460-5532, fax (415) 376-5820, e-mail: Contact Pamela Wax-Semus, CFE. I am experienced BURR HARTMAN, DO, PHD [email protected]. Website: hamptonhealthltd.com. in most areas of litigation support services with a particu- BURR HARTMAN CONSULTING Contact John H. Fullerton. Services available: Board lar emphasis in tracing of assets, real property allocation, 36587 Hwy 190/P.O. Box 726, Springville, CA 93265, Certified in Internal Medicine, Geriatrics, Hospice, Pallia- stock option analysis, reimbursements and related alloca- (559) 539-5265, e-mail: [email protected]. tive Medicine, Addiction Medicine, and Home Health; tion issues. I have vast experience not only in marital dis- Contact Burr Hartman, DO, PhD. Forensic patholo- Licensed Medical Review Officer. Expertise: Medicare solution matters. My expertise extends to trust and pro- gist with PhD in chemistry. Board certified in anatomic, fraud cases for the government, toxicology/DUI, elder bate accountings, fraud, and other litigation-related clinical and forensic pathology. Consultant for Microcorre abuse including criminal defense of lay caregivers matters. DX Lab, Tulare, CA which provides services for Tulare accused of homicide of demented relatives during end-of- life phase. Hospital, ambulatory/outpatient, PI, medical RGL FORENSICS Regional Med Center, coroner’s pathology for three sher- iff-coroner departments and consultation for Mineral King malpractice, and LTC. Medical/hospice directorships. Orange County Office: 625 City Drive South, Suite 290, Toxicology Laboratory. Broad-based scientific back- Testified over 200 times and reviewed more than 1,500 Orange, CA 92868, (714) 740-2100. Contact Hank ground and longstanding interest in toxicology. Testified/ cases, including Medicare audits for the government. Kahrs, [email protected], Alan Lurie, alurie@rgl deposed 50 times in last 4 yrs. Interested in technical and See display ad on page 43. .com. San Diego Office: 11440 W Bernardo Court, Suite scientific issues encountered and not usually encountered 300, San Diego, CA 92127, (619) 236-0377. Contact in clinical practice. See display ad on page 47. INSURANCE Rich Holstrom, [email protected]. RGL Forensics is an international firm of forensic financial experts exclusively GEOTECHNICAL ENGINEERING ADVISORS/EXPERTS @ MCS ASSOCIATES dedicated to damage analysis, fraud investigation, and 18881 Von Karman, Suite 1175, Irvine, CA 92612, valuation. Serving the legal, insurance, and business A & E FORENSICS (949) 263-8700, fax (949) 263-0770, e-mail: experts communities for more than 30 years, the firm is unique in 2121 Montiel Road, San Marcos, CA 92069, (877) 839- @mcsassociates.com. Website: www.mcsassociates its ability to combine investigative accounting, business 7302, fax (760) 480-7477, e-mail: steve@aeforensics .com. Contact Norman Katz, managing partner. valuation, fraud, and forensic technology expertise. For .com. Website: www.aeforensics.com. Contact Steve Nationally recognized banking, finance, insurance, and attorneys, we discover and define financial value in trans- Norris, AIA, PE, GE, HG, CEG, CASP, LEED. Archi- real estate consulting group (established 1973). Experi- actions and civil and criminal disputes, and when neces- tect, engineer, contractor—standard of care expert. enced litigation consultants/experts include senior sary provide expert witness testimony in court and arbi- Retained over 200 times, deposed over 100 times, and bankers, lenders, consultants, economists, accountants, tration proceedings. For more information about RGL, testified in trial over 20 times. Waterproofing, water intru- insurance underwriters/brokers. Specialties include: lend- please visit www.rgl.com. sion, building envelope, zoning setbacks, concrete perfor- ing customs, practices, policies, in all types of lending mance, path of travel, structural analysis, earthquake-fire (real estate, business/commercial, construction, con- SMITH DICKSON, AN ACCOUNTANCY damage, and plan analysis. Landslides, retaining wall fail- sumer/credit card), banking operations/administration, CORPORATION ure, settlement, flooding, grading, septic, expansive soils, trusts and investments, economic analysis and valua- 18100 Von Karman Avenue, Suite 420, Irvine, CA 92612, mud flows, pavement distress, ground water evaluation, tions/damages assessment, insurance claims, coverages (949) 553-1020, fax (949) 553-0249, e-mail: debbie.dick- and slope analysis. Cost estimates, construction manage- and bad faith, real estate development, brokerage, [email protected]. Website: www.smithdickson ment, delay analysis, and contracts. Serving all California, appraisal, escrow, and title insurance. .com. Contact Deborah Dickson, CPA. CPA 25+ Hawaii, and Oklahoma. See display ad on page 35. years, testifying 15+ years, forensic accounting and litiga-

44 Los Angeles Lawyer April 2018 MITCHELL L. LATHROP ages analysis, loss profit studies, business and intangible brokers and mortgage brokers, and real estate document 600 West Broadway, Suite 500, San Diego, CA 92101- asset valuations, fraud investigations, statistics, forensic custom and usage. Practicing real estate and business 3357, (619) 955-5951, fax (619) 566-4034, e-mail: economic analysis, royalty audits, strategic and market law in California since 1968. See display ad on [email protected]. Website: www.LathropADR assessments, competitive surveys, analysis of computer- page 47. .com. Contact Mitchell L. Lathrop. Expert consulting ized data, injury and employment damages, and a wide and testimony in insurance matters, including claim han- range of other financial advisory services. Degrees/ LITIGATION CONSULTING licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in dling, bad faith, standard of care, property and casualty, NIGRO KARLIN SEGAL & FELDSTEIN, LLP D&O, primary and excess, and reinsurance disputes. accounting, finance, economics, and related subjects. 10960 Wilshire Boulevard, 5th Floor, Los Angeles, CA Also, lawyers’ professional responsibility, and malpractice. See display ad on back cover. 90024, (310) 229-5161, fax (310) 229-4430, e-mail: Curriculum vitae will be supplied upon request. Over 50 SMITH DICKSON, AN ACCOUNTANCY [email protected]. Website: www.nksfb.com. years of experience. Former Presiding Referee of the CORPORATION Contact Irwin Nachimson. I specialize in forensic State Bar Court. A.M. Best recommended expert. 18100 Von Karman Avenue, Suite 420, Irvine, CA accounting and litigation support projects. Our expertise JANICE A. RAMSAY, ATTORNEY 92612, (949) 553-1020, fax (949) 553-0249, e-mail: includes contract dispute, fraud, family law, insolvency, 5 Saros, Irvine, CA 92603, (949) 854-9375, fax (949) [email protected]. Website: www music, and expert testimony. I have over 26 years of 854-9375, e-mail: [email protected]. Website: www .smithdickson.com. Contact Deborah Dickson, CPA. experience and our entire department of 60 accountants .JaniceARamsay.com. Contact Janice A. Ramsay. CPA 25+ years, testifying 15+ years, forensic accounting is devoted exclusively to forensic projects. and litigation support. Superior Litigation Support services Property insurance consultation and testimony as to the NJP LITIGATION CONSULTING customs and practices of the insurance industry in han- since 1995. The professionals at Smith Dickson clearly, 1970 Broadway #830, Oakland, CA 94612, (510) 832- dling property insurance claims in insurance bad faith independently, and accurately analyze financial informa- 2583, fax (510) 839-8642. Website: www.njp.com. cases. tion, calculate damages, evaluate claims, prepare expert reports and render expert testimony. Thousands of hours Contact Lois Heaney. Jury consulting services includ- ROBERT HUGHES ASSOCIATES, INC. of forensic accounting, deposition and trial experience. ing jury selection, mock trials and focus groups, survey 508 Twilight Trail, Suite 200, Richardson (Dallas), TX Damage calculations; lost profits; forensic accounting; research, venue evaluation, witness preparation, theme 75080, (972) 980-0088, fax (972) 233-1548, e-mail: expert testimony; intellectual property; fraud & embezzle- development and case presentation. Expert testimony [email protected]. Website: www.roberthughes. ment; real estate; trust & estate beneficiary disputes, tax experience on voir dire issues, venue and jury composi- com. Contact John Oakley. Founded in 1979, RHA is controversy; business valuations; business dissolution. tion. More than 40 years of experience in state and fed- an international insurance and risk management consult- eral civil and criminal cases. WHITE, ZUCKERMAN, WARSAVSKY, ing company based in Dallas. Our consultants’ experi- ence in the insurance industry allows us to provide highly LUNA & HUNT LITIGATION SUPPORT qualified expert witness and litigation support services. 15490 Ventura Boulevard, Suite 300, Sherman Oaks, SQUAR & ASSOCIATES CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park Our expertise includes property/casualty insurance, 2064 Phalarope Court, Costa Mesa, CA 92626, (714) Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax life/health insurance, Lloyd’s, London Market Research, 825-0300, Cell (949) 375-4388, fax (866) 810-9223, (949) 219-9095, e-mail: [email protected]. Website: claims handling, bad faith, insurance coverage, agency e-mail: [email protected]. Website: www www.wzwlh.com. Contact Barbara Luna. Expert wit- management and practices, insurance laws and regula- .squarassociates.com. Contact Richard M. Squar. ness testimony for complex litigation involving damage tions, and marketing practices, insurance archaeology, Squar & Associates provides superior litigation support analyses of lost profits, unjust enrichment, reasonable and policy interpretation and analysis. and tax services, including expert witness testimony, royalties, lost earnings, lost value of business, forensic strategy development, document discovery, deposition accounting, fraud investigation, investigative analysis of INTELLECTUAL PROPERTY assistance, computation of damages, arbitration consult- liability, and marital dissolution, and tax planning and ing, forensic accounting, rebuttal testimony, fiduciary CONSOR IP CONSULTING AND VALUATION preparation. Excellent communicators with extensive tes- accountings, and trial exhibit preparation. Our areas of 7342 Girard Avenue, Suite 8, La Jolla, CA 92037, (858) timony experience. Prior Big Four accountants. Special- expertise include loss of earnings analysis, breach of con- 454-9091, fax (858) 454-7819, e-mail: [email protected]. ties include accounting, breach of contract, breach of tract, partnership dissolution, reconstruction of account- Website: www.consor.com. Contact Jeff Anderson or fiduciary duty, business interruption, business dissolution, ing records, embezzlement and fraud, contract costs, lost Weston Anson. CONSOR IP Consulting and Valuation construction defects, delays, and cost overruns, fraud, profits, damage computations, and malpractice cases. has been a global industry leader in intellectual property insurance bad faith, intellectual property (including trade- Our practice focuses on closely held entrepreneurial firms valuation, expert witness services, monetization assis- mark, patent, and copyright infringement, and trade in a wide variety of industries. See display ad on tance, licensing strategies and more for the last 30 years. secrets), malpractice, marital dissolution, personal injury, page 49. Our experts use real-world evidence and marketing crite- product liability, real estate, securities, tax planning and ria to help our intellectual property clients reach their preparation, IRS audit defense, tracing, unfair advertising, LOSS CARE PLAN/LOSS EARNINGS financial goals. We are dedicated to assisting our clients unfair competition, valuation of businesses, and wrongful in maximizing the value of their intellectual property and termination. See display ad on page 41. RGL FORENSICS intangible asset portfolios, while simultaneously minimiz- Orange County Office: 625 City Drive South, Suite 290, ing risk and uncertainty. INTERNAL MEDICINE Orange, CA 92868, (714) 740-2100. Contact Hank CORNERSTONE RESEARCH HAMPTON HEALTH, LTD™ Kahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite 300, 633 West Fifth Street, 31st Floor, Los Angeles, CA JOHN H. FULLERTON, MD, MRO, CMD, CFP, San Diego, CA 92127, (619) 236-0377. Contact Rich 90071-2005, (213) 553-2500, fax (213) 553-2699. FACP, AGSF, FAAHPM Holstrom, [email protected]. RGL Forensics is an Website: www.cornerstone.com. Contact George G. 1700 California Street, Suite 470, San Francisco, CA international firm of forensic financial experts exclusively Strong, Jr., Richard W. Dalbeck, Katie J. Galley, 94109, (415) 460-5532, fax (415) 376-5820, e-mail: dedicated to damage analysis, fraud investigation, and Elaine Harwood, Carlyn Irwin, Pierrick Morel, or [email protected]. Website: hamptonhealthltd.com. valuation. Serving the legal, insurance, and business Ashish Pradhan. For more than 25 years, Cornerstone Contact John H. Fullerton. Services available: Board communities for more than 30 years, the firm is unique in Research staff have provided economic and financial Certified in Internal Medicine, Geriatrics, Hospice, Pallia- its ability to combine investigative accounting, business analysis in all phases of commercial litigation and regula- tive Medicine, Addiction Medicine, and Home Health; valuation, fraud, and forensic technology expertise. For tory proceedings. We work with a broad network of testi- Licensed Medical Review Officer. Expertise: Medicare attorneys, we discover and define financial value in trans- fying experts, including prominent faculty and industry fraud cases for the government, oxicology/DUI, elder actions and civil and criminal disputes, and when neces- practitioners, in a distinctive collaboration. The experts abuse including criminal defense of lay caregivers sary provide expert witness testimony in court and arbi- with whom we work bring the specialized expertise accused of homicide of demented relatives during end-of- tration proceedings. For more information about RGL, required to meet the demands of each assignment. Our life phase. Hospital, ambulatory/outpatient, PI, medical please visit www.rgl.com. areas of specialization include intellectual property, malpractice, and LTC. Medical/hospice directorships. antitrust, securities, entertainment, real estate, financial Testified over 200 times and reviewed more than 1,500 MARKETING institutions, and general business litigation. cases, including Medicare audits for the government. See display ad on page 43. DR. MICHAEL A. KAMINS - DRUCKER FULCRUM INQUIRY SCHOOL OF MANAGEMENT, CLAREMONT 888 South Figueroa Street, Suite 2000, Los Angeles, LEGAL MALPRACTICE UNIVERSITY CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail: [email protected]. Website: www.fulcrum LAWRENCE H. JACOBSON, ESQ. 6401 Warner Drive, Los Angeles CA 90048, (323) 868-9507, (909) 607-2471, fax (323) 931-0258, e-mail: .com. Contact David Nolte. Our professionals are 9401 Wilshire Boulevard, Suite 1250, Beverly Hills, CA [email protected]. Services offered include expert experienced CPAs, MBAs, ASAs, CFAs, affiliated profes- 90212, (310) 271-0747, fax (310) 271-0757, e-mail: law survey research/questionnaire design on Lanham Act sors, and industry specialists. Our analysis and research [email protected]. Website: www.lawrencejacobson.com. issues of confusion, secondary meaning, and dilution. combined with unique presentation techniques have Past President, Beverly Hills Bar Association. Expert I have knowledge of consumer behavior, marketing strat- resulted in an unequaled record of successful court cases witness: lawyer malpractice in business and real estate egy, and marketing research. I have worked on false and client recoveries. Our expertise encompasses dam- transactions, fee disputes, standard of care for real estate

Los Angeles Lawyer April 2018 45 advertising cases and misappropriation of celebrity iden- TASAMED (A DIVISION OF THE TASA MEDICAL/NEUROLOGY tity inclusive of cases involving President Trump (Trump GROUP, INC.) CIMENT CONSULTANTS, LLC University), Jay-Z, the rock group Boston, Taylor Swift, Local, National and Global. Plaintiff/Defense. Civil/ and The Doors as well as Samsung vs. Apple. Rate for Criminal. Contact Patricia Keily, (800) 659-8464, 14010 Majestic Court, Lake Oswego, OR 97035, (971) 235-1628, fax (503) 598-8746, e-mail: cimentgary deposition, trial and consultation at $695/hr. and a 10 fax (800) 850-8272, e-mail: [email protected]. @gmail.com. Website: www.cimentconsultantsllc.com. hour retainer. Website: www.TASAmed.com. Customized Expert and Contact Gary Ciment, PhD. Medical reports, expert Consultant Referrals in all Medical Practice Areas! We MARRIAGE DISSOLUTION review of medical records and radiographs. Specializing refer a variety of quality, independent and experienced in neurological issues involving the brain, spinal cord, RGL FORENSICS medical experts—including hard-to-find specialists – for brachial plexus, as well as surgical issues as they relate Orange County Office: 625 City Drive South, Suite 290, case merit reviews, testimony at deposition or trial, to anatomy. Orange, CA 92868, (714) 740-2100. Contact Hank research, IMEs, and more in 1,000+ medical fields. Our Kahrs, [email protected], Alan Lurie, [email protected]. skilled referral advisors offer exceptional personal service JONATHAN S. RUTCHIK, MD, MPH, FAAN, San Diego Office: 11440 W Bernardo Court, Suite 300, to target your criteria, forward resumes for your review FACOEM San Diego, CA 92127, (619) 236-0377. Contact Rich and help arrange your initial telephone screening 35 Miller Avenue, Suite 331, Mill Valley, CA 94941, Holstrom, [email protected]. RGL Forensics is an interviews with experts. There is no charge unless you (415) 381-3133, fax (415) 381-3131, e-mail: srutch international firm of forensic financial experts exclusively designate or engage an expert we refer. Visit our website @neoma.com. Website: www.neoma.com. Contact dedicated to damage analysis, fraud investigation, and and search expert profiles by expertise key word, order Jonathan S. Rutchik, MD, MPH, FAAN, FACOEM. valuation. Serving the legal, insurance, and business due diligence research reports on your expert witness or One of the few physicians in the USA who is board certi- communities for more than 30 years, the firm is unique in opposing counsel’s, request an expert through our fied in both Neurology and Occupational and Environ- its ability to combine investigative accounting, business online form, and check out our e-Discovery and Cyber mental Medicine. An Associate Professor at UCSF, he valuation, fraud, and forensic technology expertise. For Security Solutions. Call now so that we can start saving provides clinical evaluations and treatment, including attorneys, we discover and define financial value in trans- you time! Save $175 (admin fee) on your first expert electromyography, of individuals and populations with actions and civil and criminal disputes, and when neces- witness designation with Promo Code: LATM17. Be sure suspected neurological illness secondary to workplace sary provide expert witness testimony in court and arbi- injuries or chemical exposure. Services include medical to check out our insert and display ad in this issue! tration proceedings. For more information about RGL, record and utilization review and consulting to industrial, Please see our insert in this issue and display ad on please visit www.rgl.com. legal, government, pharmaceutical, and academic institu- page 30. tions on topics such as metals and solvents, pesticides, MECHANICAL ENGINEERING mold exposures, product liability, musicians’ injuries, MEDICAL LEGAL neurological fitness for duty in police, firefighter, DOT and 4X FORENSIC ENGINEERING ROUGHAN & ASSOCIATES AT LINC, INC. safety sensitive positions as well as head injuries and LABORATORIES, INC. neurological trauma. Offices in SF, Richmond, Petaluma, 465 N. Halstead Street, Suite 120, Pasadena, CA 91107, 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) Sacramento, and Eureka/Arcata. Licensed in CA, NY, (626) 351-0991, fax (626) 351-0992, e-mail: [email protected]. 450-8500, fax (714) 450-8599, e-mail: phil@4Xforensic MA, NM and ID. See display ad on page 39. .com. Website: www.4Xforensic.com. Contact Phil Van Contact Jan Roughan. Specialties: Roughan and Herle. 4X Forensic Engineering Laboratories is a full-ser- Associates at LINC is a case management and medical/ MEDICAL/NEUROPSYCHOLOGY vice forensic engineering laboratory. We provide expert legal consulting firm. Services/products offered include: witness and analytical and testing services in the following 1) Expert Testimony, 2) Life Care Plan (LCP) Construc- MRK MEDICAL CONSULTANTS areas: fires and explosions: electrical and gas product tion/LCP Critique, 3) Medical Record Organization/Sum- 6555 Coyle Avenue, Suite 235, Carmichael, CA 95608, defect investigations, thermal and fire modeling and labo- marization/Analysis, 4) Reasonableness Analysis, 5) (800) 403-1647. Website: www.mrkmedconsultants ratory testing; water loss: materials, corrosion, and failure Expert Witness Identification, 6) IME Attendance, 7) Video .com. Contact Edward Younger, III, MD., Medical analysis of plumbing products; failure analysis: metallurgy, Services (e.g., Day In Life, Settlement Brief, IME Evalua- Director. Board certified in orthopedic surgery. With over product testing, and computerized stress analysis; acci- tion, NDT/PT Evaluation, etc.), 8) Questions for: Deposi- 30 consultant specialists, MRK provides expert witness dent reconstruction: automotive, trucks, construction tion/Cross Examination, 9) Medical/Psychiatric Case Man- services throughout California. Our consultants are dedi- equipment, and premises liability. See display ad on agement. See display ad on page 39. cated to maintaining the highest standards of objective page 39. review and analysis of personal injury cases. MRK coordi- MEDICAL MALPRACTICE nates the scheduling and report process and has physi- MEDICAL HAMPTON HEALTH, LTD™ cians available to help you determine your expert witness needs. HAMPTON HEALTH, LTD™ JOHN H. FULLERTON, MD, MRO, CMD, CFP, JOHN H. FULLERTON, MD, MRO, CMD, CFP, FACP, AGSF, FAAHPM MEDICAL/PHYSICAL THERAPY FACP, AGSF, FAAHPM 1700 California Street, Suite 470, San Francisco, CA 1700 California Street, Suite 470, San Francisco, CA 94109, (415) 460-5532, fax (415) 376-5820, e-mail: DR. JOYCE M. CAMPBELL, PHD, PT, EN 94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com. 3336 Winlock Road, Torrance, CA 90505, (310) 539- [email protected]. Website: ww.hamptonhealthltd. Contact John H. Fullerton. Services available: Board 3143, e-mail: [email protected]. Over 40 years in com. Contact John H. Fullerton. Services available: Certified in Internal Medicine, Geriatrics, Hospice, Pallia- physical therapy practice (acute, rehab and outpatient); Board Certified in Internal Medicine, Geriatrics, Hospice, tive Medicine, Addiction Medicine, and Home Health; certified electroneuromyographer, professor of PT in Palliative Medicine, Addiction Medicine, and Home Licensed Medical Review Officer. Expertise: Medicare DPT curriculum, peer review/expert consultant and wit- Health; Licensed Medical Review Officer. Expertise: fraud cases for the government, toxicology/DUI, elder ness since 1978 (both defense and plaintiff). Expertise/ Medicare fraud cases for the government, toxicology/DUI, abuse including criminal defense of lay caregivers research: musculoskeletal, neuromuscular, peripheral elder abuse including criminal defense of lay caregivers accused of homicide of demented relatives during end-of- and central nervous system disorders (CVA, TBI, SCI, CP, accused of homicide of demented relatives during end-of- life phase. Hospital, ambulatory/outpatient, PI, medical MS, peripheral neuropathy), botulinum toxin on nerve & life phase. Hospital, ambulatory/outpatient, PI, medical malpractice, and LTC. Medical/hospice directorships. muscle, and clinical applications of electrical stimulation. malpractice, and LTC. Medical/hospice directorships. Testified over 200 times and reviewed more than 1,500 Testified over 200 times and reviewed more than 1,500 cases, including Medicare audits for the government. MEDICAL/TOXICOLOGY See display ad on page 43. cases, including Medicare audits for the government. JONATHAN S. RUTCHIK, MD, MPH, FAAN, See display ad on page 43. MRK MEDICAL CONSULTANTS FACOEM MRK MEDICAL CONSULTANTS 6555 Coyle Avenue, Suite 235, Carmichael, CA 95608, 35 Miller Avenue, Suite 331, Mill Valley, CA 94941, 6555 Coyle Avenue, Suite 235, Carmichael, CA 95608, (800) 403-1647. Website: www.mrkmedconsultants (415) 381-3133, fax (415) 381-3131, e-mail: jsrutch (800) 403-1647. Website: www.mrkmedconsultants .com. Contact Edward Younger, III, MD., Medical @neoma.com. Website: www.neoma.com. Contact .com. Contact Edward Younger, III, MD., Medical Director. Board certified in orthopedic surgery. With Jonathan S. Rutchik, MD, MPH, FAAN, FACOEM. Director. Board certified in orthopedic surgery. With over 30 consultant specialists, MRK provides expert One of the few physicians in the USA who is board certi- over 30 consultant specialists, MRK provides expert wit- witness services throughout California. Our consultants fied in both Neurology and Occupational and Environ- ness services throughout California. Our consultants are are dedicated to maintaining the highest standards of mental Medicine. An Associate Professor at UCSF, he dedicated to maintaining the highest standards of objec- objective review and analysis of personal injury cases. provides clinical evaluations and treatment, including tive review and analysis of personal injury cases. MRK MRK coordinates the scheduling and report process electromyography, of individuals and populations with coordinates the scheduling and report process and has and has physicians available to help you determine your suspected neurological illness secondary to workplace physicians available to help you determine your expert expert witness needs. injuries or chemical exposure. Services include medical witness needs. record and utilization review and consulting to industrial, legal, government, pharmaceutical, and academic institu- tions on topics such as metals and solvents, pesticides, mold exposures, product liability, musicians’ injuries,

46 Los Angeles Lawyer April 2018 neurological fitness for duty in police, firefighter, DOT and safety sensitive positions as well as head injuries and neurological trauma. Offices in SF, Richmond, Petaluma, Sacramento, and Eureka/Arcata. Licensed in CA, NY, MA, NM and ID. See display ad on page 39. METALLURGICAL AND CORROSION ENGINEER 4X FORENSIC ENGINEERING LABORATORIES, INC. 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) 450-8500, fax (714) 450-8599, e-mail: [email protected]. Website: www.4Xforensic.com. Contact Phil Van Herle. 4X Forensic Engineering Laboratories is a full-service forensic engineering labora- tory. We provide expert witness and analytical and test- ing services in the following areas: fires and explosions: electrical and gas product defect investigations, thermal and fire modeling and laboratory testing; water loss: materials, corrosion, and failure analysis of plumbing products; failure analysis: metallurgy, product testing, and computerized stress analysis; accident reconstruc- tion: automotive, trucks, construction equipment, and premises liability. See display ad on page 39. KARS’ ADVANCED MATERIALS, INC. Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 527-7169, e-mail: [email protected]. Website: www.karslab.com. Contact Dr. Ramesh Kar, Dr. Naresh Kar, Dr. Nikhil Kar. Southern California’s premier materials/mechanical/metallurgical/structural/ forensics laboratory. Registered professional engineers with 30+ years in etallurgical/forensic/structural/mechani- cal failure analysis. Experienced with automotive, bicy- cles, tires, fire, paint, plumbing, corrosion, and structural failures. We work on both plaintiff and defendant cases. Complete in-house capabilities for tests. Extensive depo- sition and courtroom experience (civil and criminal investi- gations). Principals are Fellows of American Society for Metals and Fellows, American College of Forensic Examiners. See display ad on page 43. METALLURGY EAG, INC. (FORMERLY SEAL LABORATORIES) 250 North Nash Street, El Segundo, CA 90245, (310) 322-2011, fax (310) 322-2243. Website: www.eag.com. Contact Dr. Arun Kumar at [email protected] or Dr. Dana Medlin at [email protected]. EAG per- forms metallurgical analysis and failure analysis investiga- tions of various metallic and non-metallic products and components used in the aerospace, transportation, con- sumer products, construction and medical device indus- tries. Additionally, we assist our clients with product design, materials selection, product improvement and quality assurance programs involving metallurgical issues. From routine metallurgical testing to complex consulting, EAG ensures the highest standard of quality for metallur- gical evaluations. KARS’ ADVANCED MATERIALS, INC. Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax (714) 527-7169, e-mail: [email protected]. Website: www.karslab.com. Contact Dr. Ramesh Kar, Dr. Naresh Kar, Dr. Nikhil Kar. Southern California’s premier aterials/mechanical/metallurgical/structural/ forensics laboratory. Registered professional engineers with 30+ years in etallurgical/forensic/structural/mechani- cal failure analysis. Experienced with automotive, bicy- cles, tires, fire, paint, plumbing, corrosion, and structural failures. We work on both plaintiff and defendant cases. Complete in-house capabilities for tests. Extensive depo- sition and courtroom experience (civil and criminal investi- gations). Principals are Fellows of American Society for Metals and Fellows, American College of Forensic Examiners. See display ad on page 43.

Los Angeles Lawyer April 2018 47 METEOROLOGY RGL FORENSICS specialist. Diplomate, American Board of Plastic Surgery. Member, American Burn Association and American Soci- AIR, WEATHER, AND SEA CONDITIONS, INC. Orange County Office: 625 City Drive South, Suite 290, Orange, CA 92868, (714) 740-2100. Contact Hank ety of Plastic Surgeons. P.O. Box 512, Pacific Palisades, CA 90272, (818) Kahrs, [email protected], Alan Lurie, [email protected]. 645-8632, fax (310) 454-6530, e-mail: airWeather@aol San Diego Office: 11440 W Bernardo Court, Suite 300, PLASTICS .com. Website: www.weatherman.org. Contact Jay San Diego, CA 92127, (619) 236-0377. Contact Rich Rosenthal, AMS Certified Consulting Meteorolo- KARS’ ADVANCED MATERIALS, INC. Holstrom, [email protected]. RGL Forensics is an gist (CCM). Experienced and authoritative expert testi- Testing and Research Labs, 2528 West Woodland international firm of forensic financial experts exclusively mony, reports and analyses of wind, rain, storms, fog, ice, Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax dedicated to damage analysis, fraud investigation, and lightning, climatic conditions, flooding, waves, specialist in (714) 527-7169, e-mail: [email protected]. Website: valuation. Serving the legal, insurance, and business wildfires, ice, dust, auto/boat/ship/aircraft accident recon- www.karslab.com. Contact Dr. Ramesh Kar, Dr. communities for more than 30 years, the firm is unique in struction, property damage, slip and falls, construction, Naresh Kar, Dr. Nikhil Kar. Southern California’s pre- its ability to combine investigative accounting, business mold issues, homeland security applications, air pollution, mier materials/mechanical/metallurgical/structural/foren- valuation, fraud, and forensic technology expertise. For transport, and risk identification. Movie industry applica- sics laboratory. Registered professional engineers with attorneys, we discover and define financial value in trans- tions, cinematography, and visual effects. Determining 30+ years in metallurgical/forensic/structural/mechanical actions and civil and criminal disputes, and when neces- unusualness, normalcy, and foreseeability. Official data, failure analysis. Experienced with automotive, bicycles, sary provide expert witness testimony in court and arbi- site visits, clear and convincing testimony. See display tires, fire, paint, plumbing, corrosion, and structural fail- tration proceedings. For more information about RGL, ad on page 36. ures. We work on both plaintiff and defendant cases. please visit www.rgl.com. Complete in-house capabilities for tests. Extensive depo- ORTHOPEDIC SURGEON WHITE, ZUCKERMAN, WARSAVSKY, sition and courtroom experience (civil and criminal investi- LUNA & HUNT gations). Principals are Fellows of American Society for MRK MEDICAL CONSULTANTS Metals and Fellows, American College of Forensic Exam- 15490 Ventura Boulevard, Suite 300, Sherman Oaks, 6555 Coyle Avenue, Suite 235, Carmichael, CA 95608, iners. See display ad on this page 43. CA 91403, (818) 981-4226, fax (818) 981-4278, 4 Park (800) 403-1647. Website: ww.mrkmedconsultants.com. Plaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax Contact Edward Younger, III, MD., Medical Direc- PLUMBING (949) 219-9095, e-mail: [email protected]. Website: tor. Board certified in orthopedic surgery. With over 30 www.wzwlh.com. Contact Barbara Luna. Expert wit- consultant specialists, MRK provides expert witness ser- 4X FORENSIC ENGINEERING ness testimony for complex litigation involving damage vices throughout California. Our consultants are dedi- LABORATORIES, INC. analyses of lost profits, unjust enrichment, reasonable cated to maintaining the highest standards of objective 5262 Oceanus Drive, Huntington Beach, CA 92649, (714) royalties, lost earnings, lost value of business, forensic review and analysis of personal injury cases. MRK coordi- 450-8500, fax (714) 450-8599, e-mail: phil@4Xforensic accounting, fraud investigation, investigative analysis of nates the scheduling and report process and has physi- .com. Website: www.4Xforensic.com. Contact Phil Van liability, and marital dissolution, and tax planning and cians available to help you determine your expert witness Herle. 4X Forensic Engineering Laboratories is a full-ser- preparation. Excellent communicators with extensive tes- needs. vice forensic engineering laboratory. We provide expert timony experience. Prior Big Four accountants. Special- witness and analytical and testing services in the following RICHARD C. ROSENBERG, MD ties include accounting, breach of contract, breach of areas: fires and explosions: electrical and gas product BOARD CERTIFIED ORTHOPEDIC SURGERY fiduciary duty, business interruption, business dissolution, defect investigations, thermal and fire modeling and labo- 18370 Burbank Boulevard, #614 Tarzana, CA 91356, construction defects, delays, and cost overruns, fraud, ratory testing; water loss: materials, corrosion, and failure (818) 996-6800, fax (818) 996-2929, e-mail: rrosenberg insurance bad faith, intellectual property (including trade- analysis of plumbing products; failure analysis: metallurgy, @tarzanaortho.com. Website: www.drrosenberg.com. mark, patent, and copyright infringement, and trade product testing, and computerized stress analysis; acci- Orthopedic surgery & sports medicine; Experienced in secrets), malpractice, marital dissolution, personal injury, dent reconstruction: automotive, trucks, construction IME, QME, AME evaluations. Medical/legal reports and product liability, real estate, securities, tax planning and equipment, and premises liability. See display ad on expert testimony. Personal injury and workers’ compen- preparation, IRS audit defense, tracing, unfair advertising, page 39. sation. Satellite offices in Oxnard and Santa Ana, unfair competition, valuation of businesses, and wrongful California. termination. See display ad on page 41. PODIATRY—FOOT SPECIALIST WILLIAM B. STETSON, MD ZIVETZ, SCHWARTZ & SALTSMAN, CPAS STEVEN L. ROSENBERG, DPM 191 South Buena Vista Street, Suite 470, Burbank, 11900 West Olympic Boulevard, Suite 650, Los Angeles, 2901 Wilshire Boulevard, Suite 110, Santa Monica, CA 91505, (818) 848-3030, fax (818) 848-2228, CA 90064-1046, (310) 826-1040, fax (310) 826-1065. CA 90403, (310) 828-3336, fax (310) 828-0096, e-mail: [email protected]. Website: www Website: www.zsscpa.com. Contact Lester J. e-mail: [email protected]. Website: www .sportsmedicinedr.com. Contact W. Stetson, MD. Dr. Schwartz, CPA/CFF, DABFE, DABFA, Michael D. .rosenbergstevendpm.com. Expert witness, plaintiff and Stetson is fellowship trained in arthroscopic surgery of Saltsman, CPA, MBA, Lynda R. Schauer, CPA, defense, IME, podiatric surgery, medicine, sports medicine, the shoulder, knee, elbow, and ankle. He is an Associate CVA, CGMA, David L. Bass, CPA, David Dichner, trauma injuries, and pain management. Second opinion Clinical Professor of orthopedic surgery at the USC Keck CPA, ABV, Sandy Green, CPA, Silva Hakobyan, reports, x-ray review, and evaluations. Treating all ages, School of Medicine. He also has extensive experience in CPA, Argin Gharibian, CPA, Troy Hoang, CPA. infants, children and adults. Over 36 years of experience. sports medicine and orthopedic trauma. Accounting experts in forensic accounting, tax issues, business valuations, and appraisals, marital dissolutions, POLYGRAPH PEDIATRIC EXPERT WITNESS eminent domain, insurance losses, business interruption, goodwill, economic analysis, investigative auditing, loss of JACK TRIMARCO & ASSOCIATES MICHAEL WEINRAUB, MD, FAAP earning, commercial damages, and lost profits. Expert POLYGRAPH INC. 777 South Figueroa Street, Suite 650, Los Angeles, witness testimony preparation, settlement negotiations, 9454 Wilshire Boulevard, 6th Floor, Beverly Hills, CA CA 90017, (213) 335-6512, fax (213) 335-6517, e-mail: and consultations. See display ad on page 47. 90212, (310) 247-2637, e-mail: [email protected]. [email protected]. Website: www Website: www.jacktrimarco.com. Contact Jack .michaelweinraubmd.com. Contact Dr. Michael PLASTIC AND COSMETIC Trimarco. Former manager of the Federal Bureau of Weinraub. Experience in general pediatrics applied to RECONSTRUCTIVE SURGERY Investigation’s polygraph program in Los Angeles. legal matters involving children. Board Certified Pediatri- Former Inspector General Polygraph Program—Depart- cian. Child abuse and neglect, Munchausen syndrome by BRENT MOELLEKEN, MD, FACS ment of Energy. Nationally known and respected poly- proxy, shaken baby syndrome (SBS), lead poisoning, fetal Beverly Hills office, 120 South Spalding Drive, Suite 110, graph expert. I have the credentials you would want when alcohol spectrum disorder (FASD), pediatric malpractice, Beverly Hills, CA 90212, (310) 273-1001, fax (310) 205- you have a client polygraphed, a case reviewed, or a childhood injury and product liability, developmental dis- 4881. Santa Barbara office, 601 East Arrellaga Street, motion made regarding polygraph. My unique back- abilities (autism), healthcare of foster children, and adop- Suite 103, Santa Barbara, CA. 93103, (805) 798-9299. ground allows me to bring the highest levels of service tion/custody evaluation for health supervision concerns. Website: www.drbrent.com. Contact Penny. IME, and expertise to any polygraph situation. Current member deposition, trial experience, medical record review, plastic of the Ethics Committee, California Association of Poly- PERSONAL INJURY and reconstruction surgery, accident reconstructions, graph Examiners (CAPE). Hundreds of appearances on microsurgical nerve repairs, dog bite reconstructions, and KGA, INC. national TV, including Dr. Phil, Oprah, Greta, Nancy laser scar services. Associate Clinical Professor of Grace, O’Reilly Factor, and Hannity and Colmes. 1409 Glenneyre Street, Suite A, Laguna Beach, CA Surgery, UCLA Division of Plastic Surgery. Degrees/licenses: BS Psychology, Certified APA, AAPP, 92651, (949) 497-6000, fax (949) 494-4893, e-mail: CAPE, AAFE. See display ad on page 9. [email protected]. Website: www.kgainc.com. Contact PLASTIC SURGERY/BURN SPECIALIST Kurt Grosz. Construction and environmental consultants PSYCHIATRY since 1991. Licensed engineers and contractors. ICC JEFFREY L. ROSENBERG, MD building, plumbing, mechanical, concrete, and accessibil- 1245 Wilshire Boulevard, Suite 601, Los Angeles, CA MARIA T. LYMBERIS, MD, INC. ity inspectors. Certified professional estimators. Trial 90017, (213) 977-0257, fax (213) 977-0501, e-mail: info 1500 Montana Avenue, Suite 201, Santa Monica, experts, arbitrators, and insurance appraisers/umpires. @jrosenbergmd.com. Website: www.jrosenbergmd.com. CA 90403, (310) 451-3152, e-mail: maria Contact Judy. Plastic and reconstructive surgery, burn @lymberis.com. Website: www.lymberis.com.

48 Los Angeles Lawyer April 2018 Contact Maria T. Lymberis, MD. Clinical Professor of Psychiatry, UCLA School of Medicine. Board Certified in adult, child/adolescent psychiatry, expert consultant Medical Board of California, forensic expert for psychiatric malpractice, sexual harass- ment, posttraumatic stress cases, and divorce/child custody and psychiatric evaluations for: fitness for duty and competency to stand trial. PSYCHOLOGY/PSYCHOLOGICAL ASSESSMENT JUDY HO, PHD, ABPP, CFMHE LICENSED CLINICAL PSYCHOLOGIST Tenured Associate Professor at Pepperdine University; Diplomate, American Board of Professional Psychology; Diplomate, National Board of Forensic Evaluators. Office: 1600 Rosecrans Avenue, Media Center 4th Floor, Man- hattan Beach, CA 90266. (310) 745-8887,email: drjudyho @gmail.com. Website: www.drjudyho.com. Dr. Ho pro- vides forensic and neuropsychological evaluations used in legal settings to document a wide variety of psychologi- cally relevant information, including neuropsychological, IME, and forensic evaluations for civil & criminal cases including personal injury, fitness for duty, discrimination, sexual assault and trauma, professional licensing dis- putes, and assessment of psychological state/functioning at time of criminal offense. Dr. Ho is a member of the International Neuropsychological Society National Acad- emy of Neuropsychology, and Division 40 (Soc. for Clin Neuropsych) and 41 (American Psych-Law Soc.) of the American Psychological Association. A list of her retained cases are available upon request. She provides expert testimony regarding psychological testing methods, results, and conclusions. Dr. Ho is a diplomate of two specialty boards, a two-time recipient of the National Institute of Mental Health National Services Research Award, and the current chair of the Institutional Review Board at Pepperdine University. She conducts clinical and community research on mental health, publishes empirical studies and book chapters, and is a frequent invited speaker at various national and local conferences and media outlets. REAL ESTATE ADVISORS/EXPERTS @ MCS ASSOCIATES 18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts @mcsassociates.com. Website: www.mcsassociates .com. Contact Norman Katz, managing partner. Nationally recognized banking, finance, insurance, and real estate consulting group (established 1973). Experi- enced litigation consultants/experts include senior bankers, lenders, consultants, economists, accountants, insurance underwriters/brokers. Specialties include: lend- ing customs, practices, policies, in all types of lending (real estate, business/commercial, construction, con- sumer/credit card), banking operations/administration, trusts and investments, economic analysis and valua- tions/damages assessment, insurance claims, coverages and bad faith, real estate development, brokerage, appraisal, escrow, and title insurance. CANTERBURY LAW GROUP 14300 North Northsight Boulevard, Suite 129, Scottsdale, AZ 85260, 480) 240-0040, fax (480) 656-5966, e-mail: [email protected]. Website: www.craigcherney.com. Contact Craig Cherney. Real estate expert witness in land acquisition, professional land management, land entitlements, zoning, due diligence, title policies, closings, fiduciary duties of loyalty, diligence and full disclosure, run pro forma analytics, joint venture and land manager expert. Expert in fiduciary standards of care when man- aging third party real estate capital toward the highest and best use of land whether vacant, entitled, partially improved, or fully improved. CASTLELYONS CORPORATION Forty-five years in the entitlement, development and homebuilding industry. Areas of expertise: partnership disputes, industry customs/practices, standard of care issues, brokerage complaints and fraud/misconduct.

Los Angeles Lawyer April 2018 49 MBA/USC, CA and HI Broker’s licenses. Seasoned REAL ESTATE EXPERT WITNESS—RODINO asbestos, lead-based paint, and other specialty areas expert with proved trial testimony on a variety of real ASSOCIATES requiring expert witness services. estate cases. For career accomplishments, testimonials 11661 San Vicente Boulevard, Suite 306, Los Angeles, and other areas of expertise, please refer to website at CA 90049, (310) 614-2193, e-mail: [email protected]. SECURITIES www.castlelyons.net or contact Michael K. Ryan, Website: www.RodinoAssociates.com. Contact Robert CORNERSTONE RESEARCH President, CastleLyons Corporation at (619) 787-5988. J. Rodino, PhD. Expert witness esearch report prepara- See display ad on page 49. 633 West Fifth Street, 31st Floor, Los Angeles, CA tion, deposition, court testimony in all major property 90071-2005, (213) 553-2500, fax (213) 553-2699. E. ROBERT MILLER & ASSOCIATES types, for multi-family residential, retail, office and light Website: www.cornerstone.com. Contact George G. PROPERTY MANAGEMENT EXPERTS industrial, acquisition & disposition, development, man- Strong, Jr., Richard W. Dalbeck, Katie J. Galley, agement, leasing, investment analysis, brokerage, and 330 Primrose Road, Suite 606, Burlingame, CA Elaine Harwood, Carlyn Irwin, Pierrick Morel, or market research. 94010, (650) 373-0705, fax (650) 373-0709, e-mail: Ashish Pradhan. For more than 25 years, Cornerstone [email protected]. Website: www.erobertmiller.com. THE REYNOLDS GROUP Research staff have provided economic and financial analysis in all phases of commercial litigation and regula- Contact E. Robert Miller. Specialties: expert witness P.O. Box 1996, Tustin, CA 92781-1996, (714) 730-5397, tory proceedings. We work with a broad network of testi- in property management issues for all types of commer- fax (714)730-6476, e-mail: dreynolds@reynoldsgroup fying experts, including prominent faculty and industry cial and residential real estate. Experience in arbitration, .com. Website: www.reynolds-group.com. Contact Ed practitioners, in a distinctive collaboration. The experts litigation, lease terms, personal injury, property damage, Reynolds, RCE, Principal. An environmental consult- with whom we work bring the specialized expertise security, industry standards of care, and due diligence. ing, and contracting firm. Expertise: environmental conta- required to meet the demands of each assignment. Our Retained as an expert witness consultant in more than mination, assessment, remediation, reasonable value of areas of specialization include intellectual property, 1,000 lawsuits. construction, standard of care, and related financial mat- antitrust, securities, entertainment, real estate, financial ters. Degrees in Civil Engineering: USC (BS), University of EURISKO CORPORATION institutions, and general business litigation. Houston (MS), (MBA) Harvard. California Registered Civil 6043 Shirley Avenue, Tarzana, CA 91356, 818-430 Engineer, Licensed A, B, HAZ California Contractor. 30 -6705, e-mail: [email protected]. Website: SERVICE STATIONS years’ experience. Adjunct Faculty Member USC Viterbi www.CaliforniaRealEstateFraudReport.com. Contact School of Engineering Department of Civil and Environ- Monique Bryher. Expert consulting and litigation sup- THE REYNOLDS GROUP mental Engineering. port in the area of residential real estate trans actions P.O. Box 1996, Tustin, CA 92781-1996, (714) 730- Issues of failure to disclose, dual agency matters, real WARONZOF ASSOCIATES, INC. 5397, fax (714)730-6476, e-mail: edreynolds@reynolds -group.com. Website: www.reynolds-group.com. estate fraud, including short sale fraud. Experience selling 400 Continental Boulevard, Sixth Floor, El Segundo, Contact Ed Reynolds, RCE, Principal. An environ- foreclosed properties, proper procedures and REO fraud. CA 90245, (310) 322-7744, fax (424) 285-5380. mental consulting, and contracting firm. Expertise: Full-case analysis and report writing for both criminal and Website: www.waronzof.com. Contact Timothy R. environmental contamination, assessment, remediation, civil cases. Expert has written and published the only Lowe, MAI, CRE. Waronzof provides real estate and reasonable value of construction, standard of care, and book on the topic of short sale fraud and is one of only land use litigation support services including economic related financial matters. Degrees in Civil Engineering: approximately 30 members of the Commissioner’s Real damages, lost profits, financial feasibility, lease dispute, USC (BS), University of Houston (MS), (MBA) Harvard. Estate and Mortgage Loan Advisory Panel for the Califor- property value, enterprise value, partnership interest and California Registered Civil Engineer, Licensed A, B, HAZ nia Bureau of Real Estate (BRE). closely held share value, fair compensation, lender liabil- California Contractor. 30 years’ experience. Adjunct ity, and reorganization plan feasibility. Professional staff of SAMUEL K. FRESHMAN, BA, JD Faculty Member USC Viterbi School of Engineering five with advanced degrees and training in real estate, 5901 West Century Boulevard, Suite 1010, Los Angeles, Department of Civil and Environmental Engineering. finance, urban planning, and accounting. See display CA 90045, (310) 410-2300, fax (310) 410-2919. Contact ad on page 43. Samuel K. Freshman. Attorney and real estate broker SPOUSAL EVALUATIONS/ since 1956, banker, professor legal malpractice, arbitra- REAL ESTATE—PROPERTY DISSOLUTION CASES tion, brokerage malpractice, leases, syndication, con- struction, property management, finance, due diligence, MANAGEMENT CALIFORNIA CAREER SERVICES conflict of interest, title insurance, banking, escrow, and E. ROBERT MILLER & ASSOCIATES 8727 West Third Street, Suite 204, Los Angeles, CA development. Expert witness 30-plus years in state and PROPERTY MANAGEMENT EXPERTS 90048, (310) 550-6047, fax (310) 550-6053 e-mail: federal courts. Twenty-one published articles, arbitrator [email protected]. Website: www 330 Primrose Road, Suite 606, Burlingame, CA 94010, and mediator, general partner $300,000,000+, shopping .californiacareerservices.com. Contact Susan Wise (650) 373-0705, fax (650) 373-0709, e-mail: elymiller centers, apartments, and industrial property. JD Stanford Miller, MA. Career Counselor/Vocational Expert @hotmail.com. Website: www.erobertmiller.com. (1956). See display ad on page 49. specializing in divorce cases. Conducts vocational Contact E. Robert Miller. Specialties: expert witness examinations, labor market research, writes reports and in property management issues for all types of commer- LAWRENCE H. JACOBSON, ESQ. testifies on employability and earning capacity issues. 9401 Wilshire Boulevard, Suite 1250, Beverly Hills, cial and residential real estate. Experience in arbitration, CA 90212, (310) 271-0747, fax (310) 271-0757, e-mail: litigation, lease terms, personal injury, property damage, NIGRO KARLIN SEGAL & FELDSTEIN, LLP [email protected]. Website: www.lawrencejacobson security, industry standards of care, and due diligence. 10960 Wilshire Boulevard, 5th Floor, Los Angeles, CA .com. Past President, Beverly Hills Bar Association. Retained as an expert witness consultant in more than 90024, (310) 229-5161, fax (310) 229-4430, e-mail: Expert witness: lawyer malpractice in business and real 1,000 lawsuits. [email protected]. Website: www.nksfb.com. estate transactions, fee disputes, standard of care for real Contact Irwin Nachimson. I specialize in forensic estate brokers and mortgage brokers, and real estate SAFETY accounting and litigation support projects. Our expertise document custom and usage. Practicing real estate and KGA, INC. includes contract dispute, fraud, family law, insolvency, business law in California since 1968. See display ad music, and expert testimony. I have over 26 years of 1409 Glenneyre Street, Suite A, Laguna Beach, CA on page 47. experience and our entire department of 60 accountants 92651, (949) 497-6000, fax (949) 494-4893, e-mail: is devoted exclusively to forensic projects. MAURICE ROBINSON AND [email protected]. Website: www.kgainc.com. ASSOCIATES LLC Contact Kurt Grosz. Construction and environmental SURGERY consultants since 1991. Licensed engineers and contrac- 28 Dover Place, Manhattan Beach, CA 90266, tors. ICC building, plumbing, mechanical, concrete, and (310) 640-9656, fax (310) 640-9276, e-mail: maurice CIMENT CONSULTANTS, LLC accessibility inspectors. Certified professional estimators. @mauricerobinson.com. Website: www.mauricerobinson 14010 Majestic Court, Lake Oswego, OR 97035, (971) Trial experts, arbitrators, and insurance appraisers/ .com. Contact R. Maurice Robinson, president. 235-1628, fax (503) 598-8746, e-mail: cimentgary@gmail umpires. Hotel and real estate industry business issues, including .com. ebsite: www.cimentconsultantsllc.com. Contact market, economic and financial feasibility, valuation, and SCS ENGINEERS Gary Ciment, PhD. Medical reports, expert review of medical records and radiographs. Specializing in neuro- disputes between owner-operator, borrower-lender, and 3900 Kilroy Airport Way, Suite 100, Long Beach, CA logical issues involving the brain, spinal cord, brachial franchisor-franchisee. Fluent in management contracts, 90806, (562) 426-9544, fax (562) 427-0805, e-mail: plexus, as well as surgical issues as they relate to license agreements, ground and building leases, partner- [email protected]. Website: www.scsengineers anatomy. ship and JV agreement, concession contracts, develop- .com. Contact Julio Nuno, VP. SCS provides expert ment agreements, and loan docs. Can estimate dam- witness services related to environmental studies and MRK MEDICAL CONSULTANTS ages and appraise property values under multiple engineering, water resources, solid waste and air quality 6555 Coyle Avenue, Suite 235, Carmichael, CA 95608, scenarios. Expert witness testimony, litigation strategy, and industrial hygiene and safety services. We are a 46- consultation and support, damage calculations, lost prof- (800) 403-1647. Website: www.mrkmedconsultants year old consulting firm with 68 offices across the US and .com. Contact Edward Younger, III, MD., Medical its analysis, real estate appraisals, deal structuring, work- nearly 800 employees. Our Long Beach office has more outs, new development, strategic planning, market Director. Board certified in orthopedic surgery. With over than 30 professional engineers, scientists, and subject 30 consultant specialists, MRK provides expert witness demand assessment, acquisition due diligence, and eco- matter experts available on short notice to serve nomic, financial, and investment analysis. services throughout California. Our consultants are dedi-

50 Los Angeles Lawyer April 2018 cated to maintaining the highest standards of objective malpractice, and LTC. Medical/hospice directorships. County Road Department, City of Irvine, and Federal review and analysis of personal injury cases. MRK coordi- Testified over 200 times and reviewed more than 1,500 Highway Administration. Knowledge of governmental nates the scheduling and report process and has physi- cases, including Medicare audits for the government. See agency procedures, design, geometrics, signs, traffic cians available to help you determine your expert witness display ad on page 43. controls, maintenance, and pedestrian protection barriers. needs. Hundreds of cases. Undergraduate work—UCLA, gradu- PRINCETON-SOMERSET GROUP, INC. ate work—Yale University. SURVEY RESEARCH 4 Carroll Drive, Hillsborough, NJ 08844, (800) 597-8836, (908) 369-6890, fax (908) 369-6881. Website: www WASTEWATER DR. MICHAEL A. KAMINS .PrincetonSomerset.com. Contact Dr. Dennis DRUCKER SCHOOL OF MANAGEMENT, Stainken. Expert witness, toxicology, health issues, JOHN SHAW CONSULTING, LLC CLAREMONT UNIVERSITY chemical exposure, mold issues, worker exposure, conta- Tel: (530) 550-1576, e-mail: [email protected]. 6401 Warner Drive, Los Angeles CA 90048, (323) mination issues, causation assessment, property dam- Website: www.shaweng.com. Contact John Shaw, 868-9507, (909) 607-2471, fax (323) 931-0258, e-mail: age/contamination and remediation, sewage, gasoline PE. Water/wastewater/sewer industry—unique combina- [email protected]. Services offered include and oil issues and age determination, petroleum releases, tion of operations and engineering background. Sanitary expert survey research/questionnaire design on Lanham chemicals/products, risk assessment, indoor air quality/ engineering including water (potable) and wastewater Act issues of confusion, secondary meaning, and dilution. health effects, toxic tort evaluation, chemistry, site (industrial and domestic) treatment, conveyance, I have knowledge of consumer behavior, marketing strat- assessment, regulatory issues, environmental toxicology, hydraulics, storage, reuse, master planning, operations, egy, and marketing research. I have worked on false environmental issues, and wetland/ecological. Services maintenance, and expert witness and forensic (mode of advertising cases and misappropriation of celebrity iden- nationwide. Thirty-plus years of industrial and government failure and standard of care analysis, engineering analysis, tity inclusive of cases involving President Trump (Trump experience in pollution under NPDES, CERCLA, RCRA, product suitability and construction defect issues). Waste- University), Jay-Z, the rock group Boston, Taylor Swift, SDWA, and CWA. Former federal and state regulator, water treatment plants, disposal/reuse facilities, sewage and The Doors as well as Samsung vs. Apple. Rate for professor, consultant, industrial research. Seventy-five lift station design, sewer collection systems, and sludge deposition, trial and consultation at $695/hr. and a 10 plus publications. treatment. Water treatment plants, pipelines, and swim- hour retainer. ming pools. TRAFFIC ENGINEERING TOXICOLOGY ZONING AND ENTITLEMENTS WILLIAM KUNZMAN, PE HAMPTON HEALTH, LTD™ 1111 Town and Country #34, Orange, CA 92868, (714) CASTLELYONS CORPORATION JOHN H. FULLERTON, MD, MRO, CMD, CFP, 904-2821, e-mail: [email protected]. Website: Forty-five years in the entitlement, development and FACP, AGSF, FAAHPM www.traffic-engineer.com. Contact William Kunzman, homebuilding industry. Areas of expertise: partnership 1700 California Street, Suite 470, San Francisco, CA PE. Traffic expert witness since 1979, both defense and disputes, industry customs/practices, standard of care 94109, (415) 460-5532, fax (415) 376-5820, e-mail: plaintiff. Auto, pedestrian, bicycle, and motorcycle acci- issues, brokerage complaints and fraud/misconduct. [email protected]. Website: hamptonhealthltd.com. dents. Largest plaintiff verdicts: 1) $12,200,000 in pedes- MBA/USC, CA and HI Broker’s licenses. Seasoned Contact John H. Fullerton. Services available: Board trian accident case against Caltrans, 2) $10,300,000 in expert with proved trial testimony on a variety of real Certified in Internal Medicine, Geriatrics, Hospice, Pallia- case against Los Angeles Unified School District. Largest estate cases. For career accomplishments, testimonials tive Medicine, Addiction Medicine, and Home Health; settlement: $2,000,000 solo vehicle accident case against and other areas of expertise, please refer to website at Licensed Medical Review Officer. Expertise: Medicare Caltrans. Best defense verdicts: 1) $0 while defending www.castlelyons.net or contact Michael K. Ryan, fraud cases for the government, toxicology/DUI, elder Caltrans and opposition sought $16,000,000. 2) $0 President, CastleLyons Corporation at (619) 787-5988. abuse including criminal defense of lay caregivers defending City of Long Beach and opposition sought See display ad on page 49. accused of homicide of demented relatives during end-of- $15,000,000. Before becoming expert witness, employed life phase. Hospital, ambulatory/outpatient, PI, medical by Los Angeles County Road Department, Riverside

Los Angeles Lawyer April 2018 51 closing argument BY MARY E. KELLY

California DREAMing: A Nationwide Injunction Saves DACA

THE NINTH CIRCUIT WILL DECIDE the validity of the Obama Admin - the plaintiff’s DACA claims. In Regents I, the court rejected the istration’s Deferred Action on Childhood Arrivals (DACA) program government’s argument that DACA’s rescission is a discretionary and whether President Trump’s rescission, without notice, on action by DHS barred from judicial review under the Administrative September 7, 2017, withstands due process and equal protection Procedure Act and the Immigration and Naturalization Act, noting challenges. In a two-sentence unsigned opinion in Department of that the rationale for the government’s ending of DACA was its Homeland Security v. Regents of the University of California, the supposed illegality, and that “determining illegality is a quintessential Supreme Court denied without prejudice the government’s petition role of the courts.”3 The DACA program is not an illegal exercise for certiorari, asserting the assumption that the “Court of Appeals of executive authority because programmatic deferred action has will proceed expeditiously to decide this case.”1 The nationwide a lengthy history of validity. Therefore, plaintiffs likely would injunction remains in force, requiring the Department of Homeland establish that the rescission was based on a flawed premise of ille- Security (DHS) to maintain the DACA program as it existed prior gality and must be set aside as arbitrary, capricious, an abuse of to rescission and to allow existing enrollees to renew in DACA discretion, or not otherwise in accordance with the law. until the case concludes. In Regents II, the court empathized with DACA’s recipients, DACA’s deferred deportation program is the 2012 presidential who changed their lives because of the expectation that DACA’s phoenix rising from the ashes of Congress’s failure to pass the benefits would be available to them if they abided by the rules, Development Relief and Education for Alien Minors (DREAM) but concluded the expectation does not constitute a constitutional Act in 2007 and again in 2011. The DREAM Act would have challenge under the Fifth Amendment. Allegations about changes provided a path to legal status for undocumented youth who had to the government’s information-use policy, however, state a valid no choice in their parents’ decision to immigrate illegally and raise due process claim. DHS changed its policy with respect to the them as Americans. Dubbed DREAMers, they often discover the extensive personal information provided by DACA recipients, and devastating truth about their illegal status when they embark on DACA applicants relied on the government’s promise that the one or more teenage rites of passage to independence, such as shared personal information provided to apply and meet the pro- applying for a driver’s license, a job, or college admission. DACA gram’s requirements would not be used for immigration purposes promised protection from deportation and authorization to work, absent specific circumstances. The “government’s broken promise join the military, or attend college to those who divulged extensive as to how DACA recipients’ personal information will be used— personal information and abided by the law. and its potentially profound consequences—shock[s] the conscience It is estimated nearly a third of the 800,000 DACA recipients and offend[s] the community’s sense of fair play.”4 are California DREAMers,2 and California fiercely defends the Equal protection clause allegations, if true, prove rescission DACA dream. In an August 24, 2017, letter, Governor Jerry impacts Latinos and Mexican Nationals disproportionately since Brown. urged President Trump not only to maintain DACA but they comprise 93 percent of all DACA recipients.5 The history of also to find “a more permanent solution,” characterizing DACA’s bias leading up to rescission, demonstrated through campaign and rescission as cruel and counter to our nation’s ideals, because “to other public statements by President Trump in which he expressed uproot these young people from the only country they have known racial animus towards Latinos and Mexicans, constitutes circum- as home is to turn our back on the future.” Later, in Machiavellian stantial evidence of intent and raises the inference that “racial manner, President Trump both rescinded and claimed support for animus towards Latinos and Mexicans is a motivating factor in the DACA program, delaying formal deportation of DREAMers the decision to end DACA.”6 Ultimately, the Supreme Court will through March 5, 2018, ostensibly giving Congress time to enact decide DACA’s fate and whether California’s dream comes true. n a statutory solution. The Senate’s failure to pass any of the four immigration bills debated before the president’s deadline dashed 1 Homeland Sec. v. Regents of Univ. of Cal., No. 17-1003, 2018 U.S. LEXIS 1508 the dream of a bipartisan legislative solution. (Feb. 26, 2018). Attorney General Xavier Becerra’s litigation in California, how- 2 Faye Hipsman et al., DACA at Four: Participation in the Deferred Action Program available at ever, is keeping the DACA dream alive. The Regent plaintiffs allege and Impacts on Recipients, Migration Policy Institute 7 (Aug. 2016), https://www.migrationpolicy.org/research [hereinafter Hipsman]. rescission will cause California significant losses, including intellectual 3 Regents of Univ. of Cal. v. Homeland Sec. (Regents I), No. C 17-05211, 2018 capital and productivity, the economies of a prepared workforce, LEXIS 4036 at 48 (N.D. Cal. Jan. 9, 2018). tax revenues, and profound consequences for professionals in law, 4 Regents of Univ. of Cal. v. Homeland Sec. (Regents II), No. C 17-05211, 2018 medicine, education, and psychology who applied for DACA LEXIS 6141, at 21 (N.D. Cal. Jan. 12, 2018). 5 relying on the government’s promise that detailed information See Id.; see also Hipsman, supra note 2, at 6. 6 Regents II, 2018 LEXIS 6141 at 34. they revealed to qualify would not be used to remove them. In two decisions rendered respectively on January 9 and January Mary E. Kelly is chair of the American Bar Association’s National Conference of Ad - 12, 2018, Judge William Alsup upheld and dismissed certain of ministrative Law Judiciary, and past chair of Los Angeles Lawyer’s Editorial Board.

52 Los Angeles Lawyer April 2018