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March 2005 Issue Master Visit us online at www.lacba.org March 2005 / $4 EARN MCLE CREDIT Expert Witness Designations page 28 Los Angeles lawyer David Lee Rice offers advice on protecting innocent Protecting spouses in tax controversies the Innocent page 22 PLUS ERISA and Managed Care Liability page 12 Labor Laws for Domestic Employees page 17 The Dangers of Metadata page 40 RAISE THE BAR. DISCOUNTS FOR FRIENDS OF THE COURT. Nextel has tools to help you get things done faster. In court or on the road. And now, members of the Los Angeles County Bar Association get discounts on all Nextel® phones, rate plans and accessories. International Law Only Nextel® walkie-talkies are international. With the walkie-talkie built into every Nextel phone, including the i830 and the BlackBerry 7510™, you can connect in under a second to Canada, Mexico, Argentina, Brazil and Peru. And when you’re traveling in those countries, you can connect to the United States just as quickly. 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GO BEYOND CASES AND CODES NEW! Matthew Bender Practice Guide: California Unfair Competition and Business Torts The Honorable Conrad Rushing, Bruce Simon, and Elia Weinbach The Matthew Bender® Practice Guide series is growing ... Shining a new light on CALIFORNIA UNFAIR COMPETITION AND BUSINESS TORTS FEDERAL PRETRIAL CIVIL Practice Guides in California PROCEDURE IN CALIFORNIA Richard B. Kendall, the Honorable Richard Seeborg, Mary Jo Shartsis, and the Honorable Fern M. Smith Whether you prefer to conduct your research in print, online—or both—you’ll find the thorough and CALIFORNIA PRETRIAL complete analyses you need with the Matthew Bender Practice Guide series. Authored by leading CIVIL PROCEDURE California litigators and judges, Matthew Bender Practice Guides are updated twice a year to keep Paul R. Kiesel, the Honorable Peter D. Lichtman, Edith R. Matthai, you current. Each title provides extensive checklists and forms, as well as cross-references to other and Richard L. 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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. Moore’s Federal Practice is a registered trademark of Matthew Bender & Company, Inc. AL7694 © 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. “I missed the deadline? Aaarrggh!” Don’t get caught with your pants down—DOD your dates first Now, you can drastically reduce malpractice exposure Think about it—no more worries of calendar vs. court while saving countless hours of time. Introducing days, local vs. federal holidays, or counting backwards Deadlines On DemandTM (“DOD”), the first nationwide and forwards—DOD does it all. Plus you can bill-back legal deadline calculation service. your clients for the minimal DOD research charges. DOD is fast, accurate and inexpensive. It’s powered Why run the risk of missing critical dates? 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March 2005 Vol. 28, No. 1 FEATURES 22 Protecting the Innocent BY DAVID LEE RICE Family practitioners should draft marital settlement agreements to provide an innocent spouse with the right of reimbursement for tax liabilities 28 Expert Declarations BY ROBERT KAHN Attorneys must balance the necessity of giving an adequate narrative statement on an expert witness declaration with the preservation of the work product privilege Plus: Earn MCLE credit. MCLE Test No. 135 begins on page 30. The magazine of The Los Angeles County LosAngelesLawyerBar Association DEPARTMENTS 10 Barristers Tips 38 By the Book Evaluating the retroactive application of Perilous Times: Free Speech in Wartime Proposition 64 from the Sedition Act of 1798 to the War on BY ALEXANDER S. GAREEB Terrorism REVIEWED BY STEPHEN F. ROHDE 12 Practice Tips The prognosis for the Managed Care 40 Computer Counselor Liability Act after Davila Making metadata control part of a firm’s BY DAVID M. HUMISTON AND JAMES A. TOTO risk management BY CAROLE LEVITT AND MARK ROSCH 17 Practice Tips Complying with the law when employing 44 Closing Argument a nanny Shattering the glass ceiling in the Los Cover photograph by Tom Keller BY ROBERT E. KING Angeles legal community BY ANDREA S. CARLISE 42 Index to Advertisers 43 CLE Preview LosAngelesLawyer VISIT US ON THE INTERNET AT http://www.lacba.org/lalawyer JudgmentsEnforced E-MAIL CAN BE SENT TO [email protected] JudgmentsEnforced EDITORIAL BOARD Chair GARY RASKIN Law Office of Donald P. Brigham Articles Coordinator R. J. COMER 23232 Peralta Dr., Suite 204, Laguna Hills, CA 92653 JERROLD ABELES ELAINE R. ABBOTT P: 949.206.1661 DANIEL L. ALEXANDER F: 949.206.9718 HONEY KESSLER AMADO [email protected] ETHEL W. BENNETT AV Rated CHAD C. COOMBS KEITH E. COOPER ANGELA J. DAVIS KERRY A. DOLAN GORDON ENG DANIEL A. FIORE JOSEPH S. FOGEL STUART R. FRAENKEL MICHAEL A. GEIBELSON TED HANDEL DEAN HANSELL JEFFREY A. HARTWICK STEVEN HECHT KATHERINE M. HIKIDA ROXANNE HUDDLESTON LAWRENCE J. IMEL JOEL T. KORNFELD JOHN P. LECRONE HYACINTH E. LEUS PAUL MARKS ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. DENNIS PEREZ GERALD F. PHILLIPS THADDEUS M. POPE JACQUELINE M. REAL-SALAS SUE CAROL ROKAW KURT L. SCHMALZ DAVID SCHNIDER GRETCHEN D. STOCKDALE KENNETH W. SWENSON SECURE CARMELA TAN BRUCE TEPPER PATRIC VERRONE STAFF Publisher and Editor SAMUEL LIPSMAN Senior Editor LAUREN MILICOV Senior Editor ERIC HOWARD EVIDENCE Art Director LES SECHLER Director of Design and Production STORAGE COMPANY, INC.
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