Celebrating a Different Voice: Embracing Judicial Diversity Earn MCLE Credit
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JANUARY 2012 • $4 A Publication of the San Fernando Valley Bar Association Multicultural Bar Alliance’s Pursuit for Justice Celebrating a Different Voice: Embracing Judicial Diversity Earn MCLE Credit Foreign Bank Account Report Enforcement by the IRS Permit No. 348 No. Permit Canoga Park, CA CA Park, Canoga US Postage Paid Postage US PRSRT STD PRSRT www.sfvba.org 2 Valley Lawyer ■ JANUARY 2012 www.sfvba.org Contents A Publication of the San Fernando Valley Bar Association FEATURES 12 Multicultural Bar Alliance’s BY CAROL L. NEWMAN Pursuit for Justice SAN FERNANDO VALLEY BAR ASSOCIATION 21250 Califa Street, Suite 113 14 SFVBA Diversity Committee BY ANGELA M. HUTCHINSON Woodland Hills, CA 91367 Phone (818) 227-0490 Takes Action Fax (818) 227-0499 www.sfvba.org 16 Celebrating a Different Voice: BY REFEREE CYNTHIA LOO EDITOR Embracing Judicial Diversity Angela M. Hutchinson PLUS: Earn MCLE Credit. MCLE Test No. 41 on page 23. BOARD OF TRUSTEES 24 Foreign Bank Account Report BY STEVEN TOSCHER President .......................................... Alan J. Sedley President-Elect .................................David Gurnick Enforcement by the IRS Secretary .......................................... Adam D.H. Grant Treasurer ...........................................Caryn B. Sanders 28 Health Care Reform and Diversified BY MARTIN LEVY, CLU/RHU Past President .................................. Seymour I. Amster Executive Director ............................Elizabeth Post Employee Benefits TRUSTEES Anie N. Akbarian David S. Kestenbaum DEPARTMENTS Natasha N. Dawood Kira S. Masteller Barry L. Edzant Lisa Miller 5 President’s Message 31 New Members Phillip Feldman Carol L. Newman Achieving and Advancing Diversity Gerald Fogelman Mark S. Shipow BY ALAN J. SEDLEY 33 Santa Clarita Valley Bar Association Antonio Hicks Charles A. Shultz The Melting Pot Michael R. Hoff John Yates 7 From the Executive Director BY BARRY EDZANT Sean E. Judge Pioneers of Diversity BY ELIZABETH POST STAFF 35 Valley Community Legal Foundation Director of Public Services .............. Rosie Soto Cohen 9 Public Service A Time to Give Referral Consultant .......................... Lucia Senda An Extraordinary Year for the ARS BY HON. MICHAEL R. HOFF, RET. Referral Consultant .......................... Aileen Jimenez BY ROSIE SOTO Director of Education & Events ........ Linda Temkin Member Services Coordinator ........ Irma Mejia 11 Dear Counsel 36 Classifieds A Lawyer’s Duty SECTION CHAIRS BY CLIENT COMMUNICATIONS COMMITTEE 38 Event Calendar Business Law ................................... Carol L. Newman ..........................................................Faye Barta Criminal Law..................................... Gerald Fogelman ..........................................................David S. Kestenbaum Family Law ....................................... Alexandra K. Mells ..........................................................Michelle Short-Nagel Intellectual Property, Entertainment & Internet Law ......... John F. Stephens ..........................................................Mishawn Nolan Litigation ...........................................Adam D.H. Grant New Lawyers .................................... Natasha N. Dawood Paralegal ........................................... Sarah Thrift ..........................................................Amy Bernardino Probate & Estate Planning ...............Nancy A. Reinhardt 12 24 Small Firm & Sole Practitioner ......... Lisa Miller Women Lawyers............................... Marlene S. Seltzer Workers’ Compensation .................. Judge Jerold Cohn th Valley Lawyer is published 11 times a year. Articles, 15 announcements, and advertisements are due by the first SFVBA Annual day of the month prior to the publication date. The articles in Valley Lawyer are written for general interest and are not meant to be relied upon as a substitute for independent MCLE Marathon research and independent verification of accuracy. Graphic Design Marina Senderov Printing Southwest Offset Printing © 2012 San Fernando Valley Bar Association 16 32 www.sfvba.org JANUARY 2012 ■ Valley Lawyer 3 4 Valley Lawyer ■ JANUARY 2012 www.sfvba.org President’s Message ALAN J. SEDLEY Achieving and Advancing Diversity SFVBA President HE THEME OF THIS MONTH’S VALLEY LAWYER jam sessions with black musicians. In the 1930’s, Benny is diversity, a term too often conveniently tossed Goodman, perhaps the most popular band leader of the T around by a number of those responsible for ensuring time, added black musicians to his all-white big band—a the appearance of ‘fair’ employment hiring principles in the revolutionary step for diversity in the workplace. In the workplace, a ‘fair’ distribution of student body cultural or 1950’s, Stan Getz collaborated with Brazilian musicians ethnic representation in a school or some token semblance to create a new musical style—Bossa Nova. Then as now, of open enrollment ‘to all’ for membership at the prestigious jazz possesses a culture that thrives, indeed benefi ts, from country club, like some rag doll whose tattered outfi t diversity. Jazz, it would seem, is America’s original diversity proclaims somewhere along its shirt, “In America, equality success story.” for all!” Perry notes that for nearly a century, jazz has led black Through the years, we as members of society have to white, white to black, Western to Eastern, American to each surely seen signifi cant growth in the efforts to achieve European, Northern to Southern, visceral to cerebral. In diversity in business, at schools and in the social milieu. jazz, Perry points out, working with, and learning from, Throughout Los Angeles, as diverse a city in terms of its people of other cultures are a core value. And so he asks, ethnic and cultural representation as you will fi nd anywhere “What led these musicians to embrace diversity decades in the U.S., we have all been witness at one time or another before it became the concept that we know today? How has of this growth of achievement to be inclusive, to ensure as that embrace led to jazz’s evolution, strength, and constant best we can that individuals from all socio economic, ethnic change and innovation? And, what can the rest of us learn and cultural strata are given equal opportunity to work, to from the Jazz example?” learn, to participate. Sometimes these efforts are successful, The SFVBA and in particular, its Board of Trustees, other times they fail. Promoting diversity is rather simple. is deservedly proud of its reputation of recognizing the Accomplishing diversity, or better yet, advancing the cause of importance and advancement of the principles of diversity diversity to a signifi cant level, is the challenge. in our day-to-day interactions with other Bar members, and But why all this focus on achieving or advancing more importantly, in those interactions with members of our diversity? How critical is it in our country, our state or diverse Valley community. community to seek diversity? Well fi rst of all, America The Bar’s Diversity Committee, comprised of nearly a thrives on diversity. A synthesis of the world’s varied races, dozen thoughtful, imaginative and caring Board and Bar cultures and religions, America is a home to all, such that members, has as its mission, a commitment for the fostering no one group can accurately label itself more American than of a more diverse and inclusive legal profession. The another. The fusion of cultures in this country is so unique Committee offers educational and mentoring programs that and so exceptional that citizens can be just as proud of their encourage minority students in a number of Valley public original cultural heritage as they are to be an American. schools to consider careers in law. Such programs include Indeed, without its rich texture of religions, races and mock moot court competitions, writing and legal analysis cultures, America would not be the nation that it is today. exercises and perhaps a fi eld trip to a local court or a live And once again, particular focus must be directed to Los Angeles, which stands as a microcosm of this national fusion performance at an arts center focused on a legal theme. of cultures, right down to the diverse neighborhoods of the The Committee has also made as a primary goal a San Fernando Valley. concerted effort to encourage the association and active Additionally, America as a whole, and Los Angeles in partnership of the Multicultural Bar Alliance with the SFVBA. particular, serve as ‘melting pots’ for the assimilation of The Alliance represents a virtual panoply of ethnic and countless cultures, races and religions. Therefore, we must gender-based associations, including the Bar Associations direct our energies and efforts to ensure that this concept of of—Asian Pacifi c, Arab American, Black Women Lawyers, diversity is truly advanced, and not merely acknowledged. Iranian American, Italian American, Japanese American, I came upon an interesting article which drew the Korean American, Lesbian and Gay Lawyers, Mexican parallel between diversity and the birth and growth of American, Philippine, Chinese Lawyers and Women American jazz. In his writing, Jeff Perry notes, “Long before Lawyers. the Civil Rights Act, long before Brown vs. The Board of These and other goals of the Diversity Committee Education and long before President Truman’s integration together represent a rather Herculean agenda. But with your of the armed forces, black and white jazz musicians where commitment and active participation,