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Los Angeles Lawyer June 2009 2009 Lawyer-to-Lawyer Referral Guide June 2009 /$4 EARN MCLE CREDIT PLUS Implementing Mandatory the Adam Patent Walsh Act Class page 32 Actions page 38 Injunctions for Copyright Infringement page 12 The Fair Procedure Doctrine page 18 Swindlers’ List Los Angeles lawyers R. Alexander Pilmer and Mark T. Cramer examine the legal issues facing the victims of collapsed Ponzi schemes page 22 you waitedwaited tablestables rightrig through law school passedpassed the barba on the first try made partner before you were thirty. You want to preserve all that you’ve worked for. Supporting the financial needs of your law firm, partners, and associates requires thoughtful advice and solid financial planning. At The Private Bank, our Legal Specialty Group can provide you and your practice with financial solutions tailored to your needs. unionbank.com/legalspecialty To put our financial expertise to work for you, call us today. David Jochim, Senior Vice President, Legal Specialty Group Manager, (877) 444-6330 Raymond Martinez, Jr., Vice President, Legal Specialty Group, Downtown Los Angeles, CA, (213) 236-5489 ©2009 Union Bank, N.A. 0/&'*3. ."/:40-65*0/4 Foepstfe!Qspufdujpo Q -"8'*3.$-*&/54 Q"$$&445007&3130'&44*0/"- -*"#*-*5:1307*%&34 Q0/-*/&"11-*$"5*0/4'03 &"4:$0.1-&5*0/ &/%034&%130'&44*0/"--*"#*-*5:*/463"/$&#30,&3 Call 1-800-282-9786 today to speak to a specialist. 5 ' -*$&/4&$ 4"/%*&(003"/(&$06/5:-04"/(&-&44"/'3"/$*4$0 888")&3/*/463"/$&$0. FEATURES 22 Swindlers’ List BY R. ALEXANDER PILMER AND MARK T. CRAMER In Ponzi scheme litigation, trustees or receivers may be able to reach back to claim profits distributed to “net winners” 32 Predators’ Net BY ANTHONY V. SALERNO AND ELANA GOLDSTEIN States face a difficult choice in deciding whether to incur the cost of creating an online sex offender registry or forgoing federal funds Plus: Earn MCLE credit. MCLE Test No. 182 appears on page 35. 38 Required Class BY MARK ANCHOR ALBERT Patent holders can use class actions to more efficiently litigate claims against multiple infringers 47 Special Section 2009 Lawyer-to-Lawyer Referral Guide Los Angeles Lawyer DEPARTMENTS the magazine of the Los Angeles County 11 Barristers Tips 60 Closing Argument Bar Association Weighing the consequences of Section Who owns the rebate? June 2009 998 offers to compromise BY JAMES DECRESCENZO, GORDON R. DOWNING, BY PAUL EISNER AND JOSEPH J. SERRITELLA Volume 32, No. 4 12 Practice Tips 9 Letters to the Editor COVER PHOTO: TOM KELLER The future of injunctive relief in copyright infringement cases 57 Classifieds BY ANDREW J. THOMAS 58 Index to Advertisers 18 Practice Tips Applicability of the fair procedure doctrine 59 CLE Preview BY ELIZABETH L. CROOKE 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. Periodicals postage paid at Los Angeles, CA and additional mailing offices. Annual sub- scription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; single copy price: $4 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. 06.09 Over 20 years experience resolving fee disputes Professional/private resolution VISIT US ON THE INTERNET AT www.lacba.org/lalawyer Attorney Fees E-MAIL CAN BE SENT TO [email protected] Confidential Mediation/Arbitration Services EDITORIAL BOARD BRUCE E. SCHWARTZ, Esq. Chair ANGELA J. 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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 June 2009 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2548 Imagine what your gift can do! Telephone 213.627.2727 / www.lacba.org ASSOCIATION OFFICERS President DANETTE E. MEYERS BE PROUD OF YOUR President-Elect FOUNDATION— DON MIKE ANTHONY Senior Vice President IT IS A ALAN K. STEINBRECHER Vice President VALUABLE ERIC A. WEBBER COMMUNITY Treasurer LINDA L. CURTIS RESOURCE. Assistant Vice President PATRICIA EGAN DAEHNKE Assistant Vice President ANTHONY PAUL DIAZ SUPPORT YOUR BAR While a single stone may make only a small splash, the ripples Assistant Vice President FOUNDATION— MARGARET P. 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As I prepare to pass the Los Angeles Lawyer gavel, my overwhelming sense is that the environment in which this magazine is published has changed dramatically in the 12 months during which it has been my privilege to serve as chair of its Editorial Board. A magazine focused on substantive legal developments brings together two pro- fessions: publishing and law. Without question, both have endured enormous blows during the past year. From January 1 to May 5, 2009, law firms have laid off over 11,000 people.
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