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November 2003, Vol.26, No.8 / $3.00 Semiannual Guide to Expert Witnesses LosAngelesLawyerNOVEMBER 2003, VOL.26, NO.8 / $3.00 Los Angeles lawyer EARN MCLE CREDIT Dominick C. Capozzola Extraterritorial discusses how litigants can invoke the Searches constitutional right page 33 to privacy in order to oppose discovery Investment demands in China page 28 page 12 Capital Gains Discovering Tax Reductions page 25 Privacy Ending Section 17200 Abuses page 42 Together We’re Stronger …and better able to fill your insurance needs The combined leverage, experience and resources of the Los Angeles County Bar Association and Aon are the surest way to get reasonable professional liability coverage. Many underwriters have fully or partially quit the business because of a reduction in surplus capital. 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Let’s Solo. www.lexisone.com/solo The Resource for Small Law Firms LexisNexis and the Knowledge Burst logo are trademarks, and Shepard’s and lexisONE are registered trademarks of Reed Elsevier Properties Inc., used under license. It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. Matthew Bender is a registered trademark of Matthew Bender Properties Inc. © 2003 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL6271 Contents page 28 Los Angeles Lawyer departments The Magazine of the 12 Practice Tips The new climate for international Los Angeles County investment in China Bar Association By John I. Gordon and Xuhua Huang November 2003 Vol. 26, No. 8 19 Practice Tips Searches in public schools create many Fourth Amendment tests cover By Johanna R. Shargel 25 Tax Tips Estate planning to reduce capital gains taxes By Terence S. Nunan and William R. Burford 86 Computer Counselor How to access public library databases for research purposes features By Carole Levitt columns 28 Discovering Privacy 10 Barristers Tips Litigants may be able to revive statutory objections to discovery Keeping track of trial deadlines requests by invoking the constitutional right to privacy By Luci-Ellen Chun By Dominick C. Capozzola 92 Closing Argument Can you keep a secret? By Edward Poll 33 Searching Far and Wide Dominick C. Capozzola practices 84 LACB Foundation Defense counsel can challenge a questionable extraterritorial labor and employment 2002-2003 Fund Drive Results search, although they face an uphill battle litigation as an associate in the 89 Index to Advertisers By Mark Mermelstein Los Angeles office of Ogletree, Plus: Earn MCLE credit. MCLE Test No. 120, 90 Classifieds sponsored by CourtCall LLC, appears on page 37. Deakins, Nash, Smoak & 91 CLE Preview Stewart, P.C. In “Discovering Privacy,” he examines how 42 So Unfair and Foul The key to curbing abuses in Section 17200 litigation may lie asserting the constitutional in changing the application of the attorney’s fees provision of right to privacy in response to CCP Section 1021.5 discovery motions can By Eliot G. Disner and Noah E. Jussim safeguard information that may otherwise be subject to disclosure. His article begins 48 Special Section on page 28. Semiannual Guide to Expert Witnesses page 42 EMPLOYMENT DISPUTE MEDIATION CENTER LosAngelesLawyer VISIT US ON THE INTERNET AT www.lacba.org/lalawyer Let experienced employment law litigator E-MAIL CAN BE SENT TO [email protected] EDITORIAL BOARD ROBERT D. COVIELLO Chair assist you in the resolution of your employment dispute. JERROLD ABELES Articles Coordinator GARY RASKIN ANN M. AGUILAR SERVICES PROVIDED: DANIEL L. ALEXANDER HONEY KESSLER AMADO ETHEL W. BENNETT FLAT FEE ROBERT J. COMER CHAD C. COOMBS • All day mediation KEITH E. COOPER ANGELA J. DAVIS • No charge for additional time on same day HEATHER DAVIS KERRY A. DOLAN GORDON ENG OUR CENTRAL ORANGE COUNTY DANIEL A. FIORE OFFICE OR YOURS JOSEPH S. FOGEL MICHAEL E. FOX • Will travel within the state at no STUART R. FRAENKEL MICHAEL A. GEIBELSON additional fee TED HANDEL DEAN HANSELL STEVEN HECHT LIBERAL CANCELLATION POLICY KATHERINE M. HIKIDA JOHN P. LECRONE • No charge if cancelled within HYACINTH E. LEUS PAUL MARKS 72 hours of session ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. KAREN NOBUMOTO EXPERIENCE DENNIS PEREZ • Knowledgeable in all areas of employment GERALD F. PHILLIPS EDWARD POLL law; has litigated hundreds of employment THADDEUS M. POPE JACQUELINE M. REAL-SALAS matters representing both Plaintiffs NINA RIES and Defendants SUE CAROL ROKAW KURT L. SCHMALZ JACOB STEIN • No need to expend time educating CARMELA TAN the mediator R. BRUCE TEPPER JR. PATRIC VERRONE JOEL B. WEINBERG OPINIONS BASED ON EXPERIENCE STAFF • The value, strengths, weaknesses and Publisher and Editor risks involved in a case SAMUEL LIPSMAN Senior Editor • Full analysis of law, facts and defenses LAUREN MILICOV Associate Editor • Jury appeal/probability of a favorable ERIC HOWARD Art Director outcome LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director ROBERT D. COVIELLO LINDA LONERO Mr. Coviello has been actively practicing in Account Executive MARK NOCKELS Orange County for over 22 years. He has Advertising Coordinator personally tried over 50 jury trials and has been WILMA TRACY NADEAU Administrative Coordinator lead counsel in several hundred arbitrations and MATTY JALLOW BABY mediations in employment related matters. He LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August, by the Los Angeles County Bar is an Arbitrator on the Employment Panel of Association, 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213) 896-6503. Periodicals postage paid at Los Angeles, CA and additional AAA and the most recent past Chair of the O.C. mailing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; Bar’s Labor and Employment Law Section. single copy price: $3 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 EMPLOYMENT DISPUTE 55020, Los Angeles CA 90055. Copyright ©2003 by the Los Angeles County Bar Association. All rights MEDIATION CENTER reserved. Reproduction in whole or in part without permission is prohibited. Printed by Banta Publications Group, Liberty, MO. Member Business Publications Audit of Circulation (BPA). (714) 557-7500 The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the www.coviello-law.com 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 / NOVEMBER 2003 “BrownSM picks up my packages and I don’t own a big business. I don’t even own a small business. Don’t tell them, OK?” Say you own a business, or just have personal business. Shipping at UPS.com® is the most convenient and reliable way to take care of it. There, you can store addresses, print shipping labels and best of all, schedule a pickup. We’ll come right to your business or home to pick up your international, overnight or ground packages. Who knew Brown made house calls? SMALL BUSINESS SHIPPING. SYNCHRONIZED. WHAT CAN BROWN DO FOR YOU?SM UPS.com® 1-800-PICK-UPS® © 2003 United Parcel Service of America, Inc. LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 261 S. Figueroa Street, Suite 300, Los Angeles, CA 90012-2503 REAL ESTATE ARBITRATOR Telephone 213/627-2727 • Over 30 years experience as a real estate lawyer dealing with industrial, commercial, Visit us on the Internet at www.lacba.org office and shopping centers including purchases, sales, leasing, ground leasing, financ- ASSOCIATION OFFICERS: ing, development, joint ventures, construction, brokerage, title insurance, easements President and protective covenants. ROBIN MEADOW President-Elect • 18 years as counsel to the forms committee of the American Industrial Real Estate JOHN J. COLLINS Association, publishers of the AIR ease and purchase forms. Senior Vice President • Real estate law and ADR lecturer on CA State Bar sponsored programs, the extension EDITH R.
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