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Ethics of Outsourcing Legal Work page 75

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is issued before final judgment page 20

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A M E M B E R B E N E F I T O F

L

LosAngelesLawyerThe magazine of

The Los Angeles County

Bar Association

DEPARTMENTS

10 Barristers TipsDeferred entry of judgment for criminaldefendantsBY ROBERT SOO SONG

12 Practice TipsThe EPA’s “all appropriate inquiry”standardBY KEN SWENSON

75 Ethics Opinion No. 518Ethical considerations in outsourcing oflegal services

2006 Vol. 29, No. 9

20 Writ Large BY MITCHELL T. ABBOTT AND T. PETER PIERCE

The California Supreme Court has reaffirmed the one final judgment rule even when a writ of

mandate has been issued during litigation

27 Dangerous Liaisons BY ANDREW I. DILWORTH

Promoting strategic relations with another law firm may result in the parties’ being deemed a

single de facto firm subject to disqualification

Plus: Earn MCLE legal ethics credit. MCLE Test No. 153 appears on page 29.

32 Class System BY LOUIS DEGOS AND GEOFFREY V. MORSON

The European Union is spearheading the movement toward class actions in Europe, but the

result may not be U.S.-style litigation

40 Special SectionSemiannual Guide to Expert Witnesses

November

80 LACB Foundation2005-2006 Fund Drive Results

84 Closing ArgumentUrban legends about the new bankruptcy lawBY DOVIE YOANA KING

79 Index to Advertisers

82 Classifieds

83 CLE Preview

Cover Photo: Tom Keller

4 Los Angeles Lawyer November 2006

LosAngelesLawyerVISIT US ON THE INTERNET AT www.lacba.org/lalawyerE-MAIL CAN BE SENT TO lalawyer@lacba.org

EDITORIAL BOARDChairJACQUELINE M. REAL-SALAS

Articles CoordinatorCHAD COOMBS

JERROLD ABELESDANIEL L. ALEXANDERHONEY KESSLER AMADOETHEL W. BENNETTR. J. COMERANGELA J. DAVISKERRY A. DOLANGORDON ENGDANIEL A. FIORESTUART R. FRAENKELMICHAEL A. GEIBELSONTED HANDELJEFFREY A. HARTWICKSTEVEN HECHTLAWRENCE J. IMELSCOTT KLOPERTJOHN P. LECRONEPAUL MARKSSEAN MORRISELIZABETH MUNISOGLURICHARD H. NAKAMURA JR.DENNIS PEREZGARY RASKINDAMON RUBINKURT L. SCHMALZDAVID SCHNIDERHEATHER STERNGRETCHEN D. STOCKDALETIMOTHY M. STUART KENNETH W. SWENSONCARMELA TANBRUCE TEPPERPATRIC VERRONEMICHAEL WISE

STAFFPublisher and EditorSAMUEL LIPSMANSenior EditorLAUREN MILICOVSenior EditorERIC HOWARDArt DirectorLES SECHLERDirector of Design and ProductionPATRICE HUGHESAdvertising DirectorLINDA LONEROAccount ExecutiveMARK NOCKELSAccount ExecutivePATTY MEDINAMarketing and Sales CoordinatorTAL EDELSTEINAdvertising CoordinatorWILMA TRACY NADEAUAdministrative CoordinatorMATTY JALLOW BABY

LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August and a special issue in the fall, by the Los AngelesCounty Bar Association, 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213)896-6503. Periodicals postage paid at Los Angeles, CA and additional mailingoffices. Annual subscription price of $14 included in the Association membershipdues. 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 LosAngeles Lawyer, P. O. Box 55020, Los Angeles CA 90055.

Copyright ©2006 by the Los Angeles County Bar Association. All rightsreserved. Reproduction in whole or in part without permission is prohibited.Printed by Banta Publications Group, Liberty, MO. Member Business PublicationsAudit of Circulation (BPA).

The opinions and positions stated in signed material are those of the authorsand not by the fact of publication necessarily those of the Association or its mem-bers. All manuscripts are carefully considered by the Editorial Board. Letters to theeditor are subject to editing.

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LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012-1881 Telephone 213.627.2727 / www.lacba.org

ASSOCIATION OFFICERS:PresidentCHARLES E. MICHAELSPresident-ElectGRETCHEN M. NELSONSenior Vice PresidentDANETTE E. MEYERSVice PresidentDON MIKE ANTHONYTreasurerJULIE K. XANDERSAssistant Vice PresidentALAN K. STEINBRECHERAssistant Vice PresidentLINDA D. BARKERAssistant Vice PresidentJOHN D. VANDEVELDEImmediate Past PresidentEDITH R. MATTHAI Executive DirectorSTUART A. FORSYTHAssociate Executive Director/Chief Financial OfficerBRUCE BERRAAssociate Executive Director/General CounselW. CLARK BROWN

BOARD OF TRUSTEESP. PATRICK ASHOURINICOLE C. BERSHONGEORGE F. BIRD JR.DANIEL S. BISHOPJOHN M. BYRNEJOHN CARSONANTHONY PAUL DIAZSTACY L. DOUGLASALEXANDER S. GAREEBANTONIO J. GONZALEZBRIAN S. KABATECKKARL H. KNICKMEYER JR.ROBERT N. KWANPHILIP H. LAMDAVID A. LASHLAWRENCE E. LEONERICHARD A. LEWISCINDY J. MACHOELAINE W. MANDELDAVID F. MICHAILJEFFREY P. PALMERELLEN A. PANSKYTHOMAS F. QUILLINGSUSAN ERBURU REARDONROGER D. REYNOLDSKELLY RYANDEBORAH CRANDALL SAXEMARGARET P. STEVENSKIM TUNGGAVIN HACHIYA WASSERMANERIC A. WEBBER

AFFILIATED BAR ASSOCIATIONSBEVERLY HILLS BAR ASSOCIATIONBLACK WOMEN LAWYERS ASSOCIATION OF LOS ANGELES, INC.CENTURY CITY BAR ASSOCIATIONCONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELESCULVER-MARINA BAR ASSOCIATIONEASTERN BAR ASSOCIATIONGLENDALE BAR ASSOCIATIONIRANIAN AMERICAN LAWYERS ASSOCIATIONITALIAN AMERICAN LAWYERS ASSOCIATIONJAPANESE AMERICAN BAR ASSOCIATION OF GREATER LOS ANGELESJOHN M. LANGSTON BAR ASSOCIATIONJUVENILE COURTS BAR ASSOCIATIONKOREAN AMERICAN BAR ASSOCIATION OF SOUTHERN CALIFORNIALAWYERS' CLUB OF LOS ANGELES COUNTYLESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELESLONG BEACH BAR ASSOCIATIONMEXICAN AMERICAN BAR ASSOCIATIONPASADENA BAR ASSOCIATIONSAN FERNANDO VALLEY BAR ASSOCIATIONSAN GABRIEL VALLEY BAR ASSOCIATIONSANTA MONICA BAR ASSOCIATIONSOUTH ASIAN BAR ASSOCIATION OF SOUTHERN CALIFORNIASOUTH BAY BAR ASSOCIATION OF LOS ANGELES COUNTY, INC.SOUTHEAST DISTRICT BAR ASSOCIATIONSOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATIONWHITTIER BAR ASSOCIATIONWOMEN LAWYERS ASSOCIATION OF LOS ANGELES

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8 Los Angeles Lawyer November 2006

pinion No. 518 of the Los Angeles County Bar Association Profes-sional Responsibility and Ethics Committee, which you can find inthis month’s issue, addresses whether California attorneys may out-source legal services to lawyer and nonlawyer service providers out-side of California. The opinion concludes that a California attorney

handling a civil matter may contract with an out-of-state company to have alawyer—even one who is not licensed to practice law in California—or a nonlawyerprepare a legal brief, provided that 1) the California attorney remains responsiblefor reviewing the work, 2) an unconscionable fee is not charged, 3) the client’s con-fidences and secrets are protected, and 4) there is no conflict of interest with the con-tracting company.

After reading Thomas L. Friedman’s longtime best seller, The World Is Flat, I foundmyself imagining a room full of young, well educated people—not necessarilylawyers—in Bangalore, India, and another room full of scholars in Dalian, China,preparing legal documents. They are not just writing briefs; they are also draftingbusiness agreements, wills and trusts, real estate transfer documents, deposition sum-maries, and the like. I also thought about the baby lawyers who currently performour legal grunt work. In the next decade, the roles of “associate” or “paralegal,”as we know them today, may be defined very differently. Perhaps it will not even takethat long for the change to occur. It is daunting to imagine the direction to whichour legal economy is headed—particularly in California, where the cost of doing busi-ness is so high. In his book, Friedman asserts that wages and rents in Bangalore areone-fifth what they are in the industrialized countries of the West.

As Peter Drucker noted several years ago, in the new economy every employeeis becoming a “knowledge worker”—that is, one who deals in information, ideas,and expertise. Lawyers fit right into that definition. We are just another type of knowl-edge worker, and I recently discovered that our work is already being outsourcedalongside that of accountants, architects, and engineers. Work usually goes whereit can be performed most efficiently and economically. Perhaps we will wake up toa new legal economy sooner than we anticipated.

Still, I do not think that our homegrown legal profession is doomed. People willalways find themselves in trouble, and we will be there to rescue them. But I agreewith Friedman that there will be a shift in the way we bring value to our clients. Aquality product is always necessary, but it will not be even remotely sufficient. AsFriedman argues, our value will be found mostly in our personal relationships andthe quality time spent with our clients. Forming and cementing these relationshipstakes time. Those lawyers who can solve complex problems, develop creative strate-gies, and maintain meaningful communication with clients will have flourishing prac-tices. Those who just do legal grunt work will probably have their jobs outsourced.

Consider a pie chart of the income generated by your practice: How much of theincome is generated by grunt work and how much from doing complex problem solv-ing? How will you be able to replace the loss of income generated by grunt work?Fast forward 10 years: Those of us who strengthen client relationships, change withthe times, and develop a network of outsourcing companies will remain competi-tive and, ultimately, in practice. We probably will not have a choice in the matter.

For those of you who think this column does not reflect our future, I leave you witha quote from Friedman’s book: “Change is hard. Change is hardest on those caughtby surprise. Change is hardest on those who have difficulty changing too. But changeis natural; change is not new; change is important.” ■

From the Chair

Jacqueline M. Real-Salas is a partner at Calleton, Merritt, De Francisco & Real-Salas, LLP,

where she specializes in estate planning, trust administration, probate, and elder law. She

is the chair of the 2006-07 Los Angeles Lawyer Editorial Board.

BY JACQUELINE M. REAL-SALAS

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BY ROBERT SOO SONG

Deferred Entry of Judgment for Criminal Defendants

10 Los Angeles Lawyer November 2006

Barristers Tips

PURSUANT TO CALIFORNIA PENAL CODE SECTION 1000, which gov-erns deferred entry of judgment, defendants can perform communityservice, pay a fine, or participate in a drug treatment program in orderto have a criminal charge ultimately dismissed. A DEJ can be usedto keep an otherwise unblemished record clean of some less seriouscriminal charges. It was contemplated that DEJs would be availableto those defendants who could be more easily rehabilitated.

Candidates for a DEJ include young adults charged with misde-meanors such as public intoxication or possession of marijuana.Convictions on these charges may prevent the offender from seekingfuture employment in law enforcement or edu-cation. Furthermore, for anyone under 21, aconviction on a drug or alcohol charge leads toan automatic suspension of the person’s driver’slicense for one year.1 Participation in a DEJ canhelp a person avoid that penalty.

However, DEJs are not appropriate forthose individuals with extensive criminalrecords. Deferred entry of judgment shouldbe distinguished from more intensive diver-sion programs such as Proposition 36 anddrug court, which usually encompass drug-related felonies. Drug court and Proposition 36 programs are far morecomprehensive, court-supervised programs that usually include reg-ular drug testing and participation in drug treatment programs.

Defense attorneys have concocted far more informal diversionschemes not contemplated by the DEJ statute. These types of infor-mal, non-DEJ diversions are also sought on crimes not specifically cov-ered by the statute, such as driving under the influence or prostitu-tion. Under this type of informal diversion, defense attorneys oftenpropose that no plea be entered. However, prosecuting agenciesoften frown on these types of informal, non-DEJ diversions. They arguethat diversion is contemplated only under a DEJ, drug court, orProposition 36.

Eligibility

Only specifically enumerated offenses are subject to diversion. Theyinclude violations of Sections 11350, 11357, 11364, 11365, 11377,and 11550 of the Health and Safety Code, Section 647(f) of thePenal Code, and Section 4060 of the Business and Professions Code.It is the prosecuting agency that determines whether or not a defen-dant is eligible for a DEJ.2 After the prosecuting agency has concludedthat the offense is covered, there are several additional inquiriesrequired to determine eligibility. They include whether the defendanthas a prior conviction for an offense involving a controlled sub-stance, whether the offense charged involves violence, whether thedefendant’s record shows that probation or parole has been revokedin the past, whether the defendant has completed or been termi-nated from diversion or a DEJ in the past five years, and whether thedefendant has any felony convictions within the past five years.

Should the prosecuting agency determine that a defendant is ineligi-ble, the defendant’s only recourse is a postconviction appeal.3

After determination that the offense is covered, and the prosecutingagency has concluded that the defendant is eligible, the defendant mustplead guilty to the offense. Prior to this plea of guilty, the prosecut-ing agency and defendant will have worked out the conditionsrequired for the defendant to earn dismissal. The conditions of a DEJcan take as long as 18 months to complete. The guilty plea ensuresthat the prosecuting agency is not disadvantaged by the effects of thepassage of time on evidence or the memories of witnesses. This is why

prosecutors are seldom interested in less formal, non-DEJ diversion.If no guilty plea were entered, prosecuting agencies would have farmore limited options.

The guilty plea bars the defendant from disputing the offensescharged. After pleading guilty, the defendant must also waive the rightto a timely pronouncement of judgment.4 During this deferral period,the defendant can perform the agreed-upon conditions.

Although the Penal Code refers to an assessment by the probationdepartment, this is usually impractical. Given the workloads ofcounty probation departments, a local department may decline to pro-vide an assessment. It usually falls to the trial courts to monitor a defen-dant’s progress. After a plea of guilty is entered, progress reportdates are usually set to ensure a defendant’s compliance. The DEJ’scarrot is that upon completion of the conditions, defendants can with-draw their pleas of guilty and have the charges dismissed.

However, participants in DEJs should consider the conditions ofthe program carefully. Since DEJ participants have pleaded guilty tothe charge, the stick is that unsatisfactory progress on or failure tocomplete the conditions of the DEJ can lead to its termination, uponwhich judgment can be entered against the defendant, who maythen be subject to incarceration and probation. ■

1 See VEH. CODE §13202.5.2 See PENAL CODE §1000(b).3 Id.4 See PENAL CODE §1000.1.

Robert Soo Song is a deputy city prosecutor for the city of Long Beach.

The guilty plea bars the defendant from disputing the offenses

charged. After pleading guilty, the defendant must also

waive the right to a timely pronouncement of judgment.

http://www.sjaccounting.com

CONGRESS CAST AN ENORMOUS NET for environmental cleanup lia-bility when it enacted the Comprehensive Environmental Response,Compensation and Liability Act (CERCLA)1 in 1984. Signaling thatcleaning contaminated sites was a paramount government goal,CERCLA (commonly known as Superfund) made fault irrelevant andfoisted monetary liability for investigation and remediation (whatCERCLA refers to as “response costs”) on current owners and oper-ators of contaminated sites, as well as owners and operators at thetime the site was contaminated, regardless of who actually caused thecontamination.2 For many years after CERCLA’s enactment, the lawand its court interpretations made the purchase of even mildly envi-ronmentally contaminated properties something most investorsavoided.

Of course, no rule is without exceptions, and CERCLA, amendedseveral times since its enactment, now exempts several classes of prop-erty owners or prospective owners from its broad liability scheme. Theseinclude owners of land who, among other things, acquired the subjectproperty after the occurrence of, and did not cause or contribute to,the release or threatened release (known as innocent landowners),3 pur-chasers of land for fair value who did not cause or contribute to a releaseor threatened release and did not know the land was contaminated whenthey purchased (known as innocent purchasers),4 owners of land thatis polluted by contiguous or nearby properties and who did not causeor contribute to the release or threatened release,5 and those cleaningup sites contaminated by others (known in the real estate industry as“brownfield” sites) with CERCLA grant money.6

These exemptions are not without qualification. The person seek-ing to establish the exemption must show, in addition to numerousother hurdles and qualifications, that he, she, or it conducted “allappropriate inquiries” into the ownership and use of the subjectproperty prior to or on the date of the acquisition.7 Unfortunately,as it is wont to do, Congress did not define what would constitute“all” or “appropriate” inquiries, leaving the hard work to theEnvironmental Protection Agency (EPA), the executive branch rule-making body charged with implementing CERCLA. For years, thisrequirement languished unrefined, although the industry took mat-ters into its own hands to some degree when the American Societyfor Testing and Materials (ASTM) implemented in 1997 a set of PhaseI environmental due diligence standards for its members.8

After years of pressure from the real estate industry, investors andenvironmental professionals—perhaps aided by a push from thespectacular rise of Wall Street investment in real estate through vehi-cles such as Real Estate Investment Trusts and various syntheticinvestment products—the EPA has now published a rule to define andrefine the “all appropriate inquiries” standard (the AAI Rule), effec-tive November 1, 2006.9

However, anyone who expected the EPA to produce a checklistof actions that would objectively satisfy the standard necessary to enjoyCERCLA’s liability exemptions will be disappointed. While the AAIRule does create useful parameters, the AAI Rule does not sanction

just “skating by” with a perfunctory nod to items on a list. Instead,the AAI Rule adopts a “performance-based” approach in which theultimate question of “how much investigation is enough” is still leftto case-by-case consideration, to be determined in the professionaljudgment of consultants, from the depth of the wallets of owners andpurchasers, and, after the fact, by the courts.

By developing a proper understanding of what the AAI Rule doesand does not do, real estate and legal professionals can more suc-cessfully function within the guidelines it provides.

What the AAI Rule Does

The AAI Rule may be divided into five functions. First, it describesits objectives and its performance-based standards.10 Second, it pro-vides the time frames in which all appropriate inquiries must beconducted.11 Third, it establishes necessary inquiries for the ownersor prospective owners seeking to satisfy the “all appropriate inquiries”test.12 Fourth, it sets specific professional and experience requirementsfor those who may act as “environmental professionals” under theAAI Rule.13 And fifth, it creates specific minimum standards for “allappropriate inquiry” reviews conducted by those environmental pro-fessionals.14 Within each function there is solid ground that must betraversed, but there are also bogs and traps that must be navigated.

Objectives and Performance-based Standards. Rather than achecklist, the paradigm of the AAI Rule—which the EPA refers to asa “performance-based approach”—is to promote a diligent andthoughtful review of all reasonably available information about a prop-erty by creating an open-ended process guided by limited requirements,parameters, and suggestions. If contamination is not found afterdiligent investigation, then there may be an exemption for liability if

BY KEN SWENSON

The EPA’s “All Appropriate Inquiry” Standard

Ken Swenson is an in-house transactional attorney with Bank of America and

a member of the Los Angeles Lawyer Editorial Board.

Practice Tips

12 Los Angeles Lawyer November 2006

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AL9154

A M E M B E R B E N E F I T O F

contamination is discovered at a later date.Satisfying or not, this approach is completelyconsistent with the goal of CERCLA to findsources of funds to pay for environmentalresponse costs. Like CERCLA itself, the AAIRule is not about escaping liability; it is aboutfinding and remediating contamination.

What is the EPA’s response to concernsthat the performance-based approach leads toambiguity and subjectivity? “The perfor-mance factors are meant to guide the indi-vidual aspects of the investigation towardmeeting both the statutory criteria for allappropriate inquiries and the regulatory objec-tives of (1) collecting necessary informa-tion…and (2) identifying…conditions indica-tive of releases and threatened releases.”15 Inother words, the EPA wants an “all appro-priate inquiry” standard that actually ferretsout problems, not one that creates loopholes.In the EPA’s judgment, the best way to createsuch a standard is not to put an upward capon performance responsibility but rather toleave open the possibility that somethingmore may be required, thus quietly pressur-ing property owners and environmental pro-fessionals to take their review to the nextlevel to avoid being second-guessed, or passon further review at their peril.

To emphasize the EPA’s intention that nostone is to be left unturned, the areas anowner, purchaser, or consultants must review

are: 1) current and past property uses andoccupancies, 2) current and past uses of haz-ardous substances, 3) waste management anddisposal activities that could have causedreleases, 4) current and past corrective actionsto address releases, 5) engineering controls—defined as physical measures in place at theproperty to monitor or control releases orpotential releases, 6) institutional controls(administrative or legal orders, restrictions, orcovenants), and 7) nearby properties thathave environmental conditions that may haveimpacted the subject property.16

Beyond simply gathering the information,owners, purchasers, and their consultantsmust critically evaluate that information as toits thoroughness and reliability17 and mustidentify and address so-called data gaps (lackof, or inability to obtain, information requiredunder the AAI Rule after the exercise of goodfaith efforts18). This critical evaluation andanalysis of missing data is what turns themere collection of data into a performance-based exercise. Application of an exemptionto CERCLA liability will be based equally onwhat information is gathered, how well it isinterpreted, and what was left out.

Times for Completion of All AppropriateInquiry. The AAI Rule requires that theinquiries prescribed by the AAI Rule must becompleted within one year prior to the acqui-sition of the subject property,19 except that

certain activities—interviews, lien searches,government records reviews, and visualinspections, among others—must be com-pleted with 180 days prior to the date ofacquisition of the subject property.20

Information about the subject property thatwas collected in connection with establishinga liability exemption but was collected byothers or that was collected prior to the timeframes specified, may be used by a currentowner or purchaser but must have beenupdated within the one-year and 180-daytime frames, as applicable.21

These time frames may be shorter than theescrow, option, or closing periods for somecommercial property acquisitions, especiallythose where development rights, subdivisionapprovals, zone changes, or similar land usechanges are conditions to the closing of thetransaction. The EPA acknowledges this butbelieves that the one-year period is the max-imum that can be afforded before changedconditions could render prior investigationsinvalid.22 Therefore, a purchaser involved ina lengthy closing will need to update the pur-chaser’s due diligence reviews if the 180-dayand one-year time frames are exceeded.

Necessary Inquiries for Owners andProspective Owners. Owners and prospectiveowners seeking to establish an exemption toCERCLA liability must conduct the follow-ing four inquiries with respect to the envi-ronmental condition of the subject property.They must identify environmental liensrecorded against the subject property; takeinto account “specialized knowledge of thesubject property, the area surrounding thesubject property, the conditions of adjoiningproperties, and any other experience rele-vant to the inquiry”; take into account the“relationship of the purchase price to thefair market value of the subject property”; andtake into account commonly known or rea-sonably ascertainable information about thesubject property.23

Of these, the first and last may be dele-gated to a consultant. The other two inquiryitems are the sole responsibility of owners orpurchasers and are not so much investigationsas they are thoughtful considerations of thefacts and circumstances surrounding theacquisition that may produce useful infor-mation that should then be brought to theattention of an environmental consultant forfurther review.

When speaking of an owner or purchaser’s“specialized knowledge,” the AAI Rule doesnot address the issue of specialized knowledgeof an institution. However, it would seemlogical for an owner or prospective owner totake into account its institutional knowledgeof a subject property (if the owner or pur-chaser is an institution). For large companies,this may mean keeping track of the special-

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ized knowledge of real estate business pro-fessionals; in-house architect, engineer orland or space planning staff; in-houseappraisal or environmental staff; and in-house legal staff (for example, through one ofmany commercially available property man-agement databases designed to track corpo-rate properties).

Any information the owner or theprospective owner has as a result of special-ized knowledge may be provided to the envi-ronmental professional. While the AAI Rulemakes this delivery of information to theconsultant optional,24 it is hard to imagine thesituation in which an owner or prospectiveowner who is serious about asserting anexemption to CERCLA liability would notwant to share such information. Prospectiveowners should keep this in mind when nego-tiating purchase agreements to make surethat otherwise “confidential” informationabout the seller or the subject property maybe shared with the purchaser’s environmen-tal professionals.

If the actual purchase price is below fairmarket value, the prospective owner mustconsider whether this may be the result of arelease or threatened release of environmen-tal contaminants.25 (The AAI Rule does notrequire an appraisal in order to determine therelationship of purchase price to fair marketvalue.26) Since some states statutorily requiredisclosure of known environmental condi-tions,27 and most, if not all, states followsome version of the common law rules ofdisclosure of known real property defectsbefore a sale, it is unlikely that a sale wouldbe negotiated subject to a reduced purchaseprice without the seller disclosing the existenceof known or suspected contamination.Nevertheless, sellers may from time to timeattempt to keep such damaging informationquiet, or purchasers may from time to timenot want to ask the hard questions, so pur-chasers are advised to be cautious.

Owners or prospective owners shouldremember that delegating any of the AAIRule investigations to a consultant does notrelieve the owner or prospective owner ofthe responsibility of making sure they areproperly completed. An owner or prospectiveowner seeking an exemption to CERCLAliability will not be able to assert that it is enti-tled to an exemption if the investigationswere faulty, even though the owner orprospective owner relied on a qualified pro-fessional consultant.

Who May Act as an EnvironmentalProfessional? Prospective purchasers arerequired to utilize the services of “environ-mental professionals” in order to satisfy the“all appropriate inquiry” standards (althoughpersonnel not satisfying the environmentalprofessional requirements may conduct inves-

tigative activities, if done under the supervi-sion of a qualified environmental profes-sional).28 To qualify as an environmentalprofessional under the AAI Rule, a consultantmust satisfy one of four combinations oflicensure, degrees, and relevant experience.29

In general, a qualified consultant will have aspecific expertise in the area of environmen-tal contamination, and merely being techni-cally trained or otherwise well-versed in thepractice and science of environmental inves-tigations will not be sufficient.30

Specific Standards for EnvironmentalProfessionals. The environmental profes-sional’s inquiry must include visual inspec-tions; interviews with past and present own-ers, operators, and occupants and theiremployees and facility managers; and reviewsof historical sources and governmental recordsand reviews of other commonly known orreasonably ascertainable information.31

The consultant’s visual inspection mustnote any physical limitations to the inspectionand must include adjoining properties fromall reasonable vantage points, including fromrights-of-way and by aerial photography.32

Where on-site inspection is not possiblebecause of physical conditions, the consultantmust rely on off-site vantage points or aerialphotography, must document the efforts takento inspect the property as well as why thoseefforts were unsuccessful, and must identifythe lack of on-site visual inspection as a datagap.33 It is important to note that, under theplain language of the text accompanying theAAI Rule, a seller’s refusal to allow admit-tance to a subject property is not a valid rea-son under the AAI Rule for failing to conducta visual inspection.34

If there are multiple owners of a subjectproperty, the consultant must interview all“major” occupants (not defined in the AAIRule) and all occupants likely to be usinghazardous materials or who have likely doneso in the past.35 If the subject property isabandoned36 and there is evidence of “unau-thorized uses” or “uncontrolled access,” theconsultant is required to interview adjacentor nearby property owners who might haveobserved or have information regarding usesof the abandoned property.37

Documents and records that the consul-tant must review include, but are not limitedto, aerial photographs; fire insurance maps;building department records; chain of titledocuments; land use records; and federal,state, local, and tribal law records.38 Theserecords must be reviewed as far back in timeas there were structures on the property, orto the time when the property was first putinto productive use, all as determined by theenvironmental professional.39

The AAI Rule provides a seeminglyexhaustive list of databases that are to be

searched for records of the property andadjacent or nearby properties and identifiesfor each database the distance that nearbyproperties should be from the subject prop-erty.40 The consultant may vary the distancesset forth in the AAI Rule in his or her pro-fessional judgment but must provide a writ-ten rationale for the variance.41

While the foregoing may seem to be agreat deal of work, the EPA notes that mostor all of these investigations have alreadybeen built into the professional standards forenvironmental professionals through the revi-sion in 2005 of the Phase I testing standards42

of the ASTM. In fact, the EPA expressly ref-erences the ASTM Phase I standards and rec-ognizes that standard as consistent with theAAI Rule.43 This gives consultants somebreathing room. However, the EPA does notadopt professional standards or existing cus-tom and practice for testing beyond the so-called Phase I stage. If the Phase I analysis,through direct evidence or through data gaps,suggests the need for further investigation, theconsultant will lack the guidance of a preap-proved set of standards. Moreover, followingthe ASTM Phase I standards will not relievethe consultant of the obligation to apply pro-fessional judgment that may require anapproach different from the Phase I stan-dards, and does not relieve the owner or pur-chaser from liability for failure to discloseinformation to the consultant.

The requirement that the environmentalprofessional obtain commonly known infor-mation or reasonably ascertainable infor-mation about the subject property creates abroad requirement that the consultant searchvarious public databases. The AAI Rule iden-tifies sources of such information as includ-ing, without limitation, newspapers, Websites, community organizations, local libraries,historical societies, local and state governmentofficials who may have knowledge of theproperty (arguably including zoning and plan-ning officials and building department offi-cials), and the ambiguous “others with knowl-edge of the subject property.”44

What the AAI Rule Does Not Do

The paradigm of the AAI Rule is the perfor-mance-based approach. It does not attemptor purport to establish a safe harbor for exer-cising the various CERCLA liability exemp-tions. The performance-based approach raisesseveral areas of concern for the party seekingto establish the liability exemption, includingdata gaps, determining when to stop theinvestigation, and the after-the-fact judgmentof compliance.

Data gaps are the lack of, or inability toobtain, information required under the AAIRule, after the exercise of good faith efforts.Under the AAI Rule, the owner or purchaser

16 Los Angeles Lawyer November 2006

and their consultants must identify the datagaps, identify the information they consultedin an attempt to address the data gaps, andcomment on the significance of the gaps to theability to identify actual or potential releases.45

This is similar to an academic study or a sur-vey that is not complete without discussingaspects of the data collection or methodologythat might have influenced the results.

One difficulty for the owner, purchaser, orconsultant is determining when a gap exists.When information is considered on a timescale, gaps are easy to identify, as they will bemarked by the absence of meaningful infor-mation for an identifiable period. However,some gaps may be less obvious. For instance,some information may be available for everyyear since a property was put into productiveuse, but the quality (completeness or relia-bility) of that information may have variedover time. A conservative approach suggeststhat the consultant should grade the qualityof historical information, and that low qual-ity information should be identified as a pos-sible data gap.

In another example, it is not clear from theAAI Rule to what extent the inability to inter-view past owners, facility managers, andemployees of the subject property or of adja-cent or nearby properties will constitute areportable data gap. It will be the rare casewhen every such person will be locatable,available, and cooperative, and so every inves-tigation will arguably have data gaps in thisarea. Consultants can either identify everyinstance in which such interviews could notbe conducted (a burdensome task), or theywill have to use their judgment whether thereis a particular time or aspect of the propertyor a neighboring property that cannot beadequately investigated without such inter-views, and then note those instances only.

Similarly, it is customary to take boringsamples at locations and depths on a site asindicated by research, and of course to stopthe boring at some reasonable depth. It isalways possible, however, that contaminantswere released at a depth in between samplesand traveled laterally through fissures orcracks or along naturally porous materials toanother location before leaching to lowerdepths, and that sporadic sampling wouldmiss this result. It is not cost-effective orrational to “Swiss cheese” a property withborings and take samples at every inch, so aconservative report might choose to justify thelocation and depths at which samples aretaken based upon the properties of the antic-ipated chemical constituents and a study ofthe local geology and hydrology, perhaps assupplemented with data from previous on-siteor adjacent property borings. Many reportstoday contain some of this analysis but do notnecessarily tie it together to justify why bor-

ings are taken at one location or depth andnot a couple of feet in any direction.

Another area of concern for the partyseeking to establish a CERCLA liabilityexemption in the performance-based para-digm is determining how much investigationis enough. Although there is eventually adiminishing return, how does one determinewhen to stop?

This concern is brought to the fore in theAAI Rule’s test of the consultant’s confidencelevel in the investigative work performed.This test, almost lost as the very last sen-tence of the AAI Rule, appears as the impor-tant requirement that the consultant’s reviewmust include the consultant’s opinion regard-ing additional appropriate investigation, ifany.46

There is something vaguely uncomfortableabout giving an opinion on the need for addi-tional investigation in a report that is sup-posed to support a claim that the party seek-ing a liability exemption could not reasonablyhave discovered contamination. If the con-sultant were to suggest that more investiga-tion was necessary or desirable, then an owneror purchaser seeking to establish an “allappropriate inquiry” defense would almostcertainly be compelled to undertake the sug-gested investigation. Only an opinion thatall reasonably necessary and appropriate

investigation had been done can comfort-ably end the “all appropriate inquiry” inves-tigation. In effect, this opinion requirement isanother way the EPA forces owners, pur-chasers, and their consultants not to cut cor-ners. However, it could also put consultantsin an uncomfortable position. Since few inves-tigations have an open checkbook, the opin-ion requirement could force the consultant tobalance reaching the right conclusions as aprofessional with meeting the client’s desireto control the cost of investigations and stillreceive a clean bill of health for the property.While in a vacuum it is easy to assume thatscience will control, the power of economicscannot be underestimated—after all, the con-sultant must develop and maintain business.

Yet another concern the performance-based approach raises is the fact that eligibilityfor a CERCLA liability exemption will not bejudged until well after the fact, when anypossibility of correcting investigation defi-ciencies has long since passed. Although theEPA will be the initial arbiter of whether itsrules were appropriately followed, the courtswill serve as the ultimate decision maker.This could be beneficial for owners and pur-chasers. The EPA has a mandate to find andcause the remediation of contamination andtherefore may be predisposed to disallowingliability exemptions. Courts, on the other

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hand, would be expected to be more neutralon the subject. While courts will generallyshow some deference to the legislative andrule-making branches of government, theEPA’s performance-based approach givescourts wide latitude for interpretation andmay provide a voice of reason.

In addition to the substantial uncertaintiesthat arise from the AAI Rule’s preference forflexible performance standards over a check-list approach, the AAI Rule has other limi-tations. The AAI Rule does not relieve own-ers or prospective purchasers of their otherresponsibilities under CERCLA and otherenvironmental laws. For example, to assert anexemption to liability under the four cate-gories of exemption previously described,owners or prospective purchasers must takeother actions, such as providing legallyrequired notices if a release or threatenedrelease is discovered some time after an “allappropriate inquiries” review has been com-pleted, providing full cooperation to thosewho are authorized to conduct responseactions, complying with present or futureland use restrictions, and taking reasonablesteps to stop continuing releases or to preventthreatened releases, or to prevent exposure tothem.47 The AAI Rule is not intended toaddress the requirements for what wouldconstitute “reasonable steps” in compliancewith these other statutory hurdles to claim-ing a CERCLA liability exemption.48 It canbe expected, then, that the AAI Rule alsowill not apply to such phrases as “took pre-cautions against foreseeable acts” and “exer-cised due care.”49 No EPA rule has providedclarification in these areas.

Armed with the understanding that theEPA’s AAI Rule is an invitation to conductthorough diligence with a determination tounearth actual or threatened releases thatmay be present at a subject property and isnot a free pass to satisfy a simple checklist,the current landowner or prospective pur-chaser and their environmental consultantswill be in a position to make the most of theCERCLA statutory exemptions. ■

1 42 U.S.C. §§9601 et seq.2 42 U.S.C. §9607(a).3 42 U.S.C. §§9601(35), 9607(b)(3).4 42 U.S.C. §§9601(40), 9607(r).5 42 U.S.C. §9607(q).6 42 U.S.C. §9604(k). In addition to these categoriesidentified in this and in nn.3-5, supra, and accompa-nying text, CERCLA also excludes from liability any-one who, without participating in the management ofa property, holds an indicia of ownership in propertyprimarily to protect a security interest, known as the“security interest exemption.” Id. §9601(20)(A), (E),(G); see also Kenneth W. Swenson & Dean Stackel,Interpreting CERCLA’s Security Interest Exemption,LOS ANGELES LAWYER, June 1992, at 30.7 See nn.3-6, supra, and accompanying text. CERCLAis not limited solely to real estate. The law also cov-ers personal property and vessels. However, most

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CERCLA-related cases and real-life situations relate toreal property and improvements.8 American Society for Testing and Materials, StandardPractice for Environmental Site Assessments: Phase 1Environmental Site Assessment Process, E1527-97(1997), available at http://www.astm.org (superseded;see n.38, infra).9 Standards and Practices for All Appropriate Inquiries,70 Fed. Reg. 66,070 (to be codified at 40 C.F.R. pt. 312)[hereinafter the AAI Rule]. The Federal Register pub-lication that contains the AAI Rule consists of a rela-tively short section that comprises the Code of FederalRegulations sections themselves and a lengthy pream-ble discussing comments to the draft rule during thepublic comment period and the EPA’s responses to thosecomments. This preamble is similar to a legislativehistory and provides valuable insight.10 AAI Rule at 66,109 (to be codified at 40 C.F.R. pt.312.20(e), (f)).11 AAI Rule at 66,108-09 (to be codified at 40 C.F.R.pt. 312.20(a)-(c)).12 AAI Rule at 66,110-13 (to be codified at 40 C.F.R.pt. 312.22, 312.25, 312.28, 312.29, 312.30, 312.31).13 AAI Rule at 66,108 (to be codified at 40 C.F.R. pt.312.10).14 AAI Rule at 66,110-13 (to be codified at 40 C.F.R.pt. 312.21, 312.23, 312.24, 312.26, 312.27, 312.30,312.31).15 AAI Rule at 66,086. See also id. at 66,109 (to be cod-ified at 40 C.F.R. pt. 312.20(e)).16 AAI Rule at 66,109 (to be codified at 40 C.F.R. pt.312.20(e)(1), (2)).17 Id. (to be codified at 40 C.F.R. pt. 312.20(f)(2)).18 AAI Rule at 66,108 (to be codified at 40 C.F.R. pt.312.10(b)).19 AAI Rule at 66,108-09 (to be codified at 40 C.F.R.pt. 312.20(a)).

20 AAI Rule at 66,109 (to be codified at 40 C.F.R. pt.312.20(b)).21 Id. (to be codified at 40 C.F.R. pt. 312.20(c), (d)).22 AAI Rule at 66,083.23 AAI Rule at 66,110 (to be codified at 40 C.F.R. pt.312.22).24 Id. (to be codified at 40 C.F.R. pt. 312.22(a)(2)).25 AAI Rule at 66,112 (to be codified at 40 C.F.R. pt.312.29(b)).26 AAI Rule at 66,100.27 See, e.g., HEALTH & SAFETY CODE §25359.7.28 AAI Rule at 66,110 (to be codified at 40 C.F.R. pt.312.21(a)).29 AAI Rule at 66,108 (to be codified at 40 C.F.R. pt.312.10(b)).30 Brokers, attorneys, and other real estate profes-sionals cannot perform tasks under the AAI Rule thatare designated for environmental professionals (unlessthey otherwise satisfy the licensure, education, andexperience requirements).31 AAI Rule at 66,110 (to be codified at 40 C.F.R. pt.312.21(b) and 40 C.F.R. pt. 312.23(c)).32 AAI Rule at 66,111-12 (to be codified at 40 C.F.R.pt. 312.27(a)).33 Id. (to be codified at 40 C.F.R. pt. 312.27(c)).34 Id. In the preamble to the AAI Rule text, the EPAsuggests that making a good faith effort to gain accesscould mitigate the failure to conduct a visual inspec-tion if a seller declines access. Id. at 66,096. However,while the AAI Rule text allows that a visual inspectionmay be excused under unusual circumstances andwhen good faith efforts are attempted, the text specif-ically provides that the seller’s refusal to allow accessis not an unusual circumstance, suggesting that the sell-er’s refusal to provide access will never support failingto conduct a visual inspection.35 Id. at 66,110 (to be codified at 40 C.F.R. pt.

312.23(b)).36 “Abandoned” is defined in the AAI Rule to meanproperties that appear from visual observation to bedeserted, or as to which the general state of disrepairor inactivity would lead a reasonable person to believethat the owner intended to relinquish possession. Id.at 66,110-11 (to be codified at 40 C.F.R. pt. 312.23(d)).This does not appear to contemplate simply vacantparcels.37 Id. at 66,110-11 (to be codified at 40 C.F.R. pt.312.23(d)).38 Id. at 66,111 (to be codified at 40 C.F.R. pt.312.24(a)).39 Id. (to be codified at 40 C.F.R. pt. 312.24(b)).40 Id. (to be codified at 40 C.F.R. pt. 312.26(b) and 40C.F.R. pt. 312.26(c)).41 Id. (to be codified at 40 C.F.R. pt. 312.26(d)).42 American Society for Testing and Materials, StandardPractice for Environmental Site Assessments: Phase 1Environmental Site Assessment Process, E1527-05(2005), available at http://www.astm.org (fee).43 AAI Rule at 66,081 (“Persons conducting all appro-priate inquiries may use the procedures included in theASTM E1527-05 standard to comply with today’sfinal rule.”).44 AAI Rule at 66,112 (to be codified at 40 C.F.R. pt.312.30(c)).45 AAI Rule at 66,109-10 (to be codified at 40 C.F.R.pt. 312.20(g)).46 AAI Rule at 66,112-13 (to be codified at 40 C.F.R.pt. 312.31(b)).47 AAI Rule at 66,073-74. See also 42 U.S.C.§§9601(40)(D) (prospective purchaser requirements),9607(q) (contiguous property owner requirements).48 AAI Rule at 66,073.49 See, e.g., 42 U.S.C. §9607(b)(3) (innocent landownerexemption).

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20 Los Angeles Lawyer November 2006

KE

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OR

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city denies a propertyowner’s applicationfor a use permit andvariance to build alarge addition to anexisting residentialstructure. The prop-

erty owner promptly files a petition for awrit of mandate to compel the city to issue theapprovals and combines the petition with acomplaint for 1) inverse condemnation, 2)civil rights damages based on a denial of dueprocess and equal protection, and 3) injunc-tive and declaratory relief. As is often thecase, the property owner obtains a hearing onthe writ petition even before the court sets atrial date on the other causes of action. Thecourt grants the writ petition and issues a writcompelling the city to set aside its earlierdecisions and to issue a new decision grant-ing the development approvals.

The city prefers to appeal the trial court’sdecision granting the writ, but the city attor-ney is concerned that not only is there noappealable judgment at this stage of the pro-ceedings but one will not be rendered until thetrial court disposes of the other causes ofaction, perhaps months later. Opposing coun-sel understandably has no intention of dis-missing the other causes of action and fullyintends to enforce the writ if the city does notimmediately comply. The city attorney fearsthat compliance will render any future appealmoot.

This common conundrum highlights anunresolved issue in California law: whethera writ of mandate may be issued and enforcedprior to entry of a final judgment on all causesof action. This issue has the potential to con-front every practitioner who handles writ lit-igation, no matter whether the client is thepetitioner, the public agency or public official,

or the real party in interest. Addressing thecontours and implications of this issue firstrequires an understanding of the nature of thetwo types of writs frequently sought in trialcourts as well as the history of writs andappealable judgments in California.

Lawsuits filed against public agencies inCalifornia frequently seek to compel anagency to issue a particular discretionaryapproval or to set aside an approval alreadyissued.1 Code of Civil Procedure Section1094.5 provides redress—in the form of a writof administrative mandamus—for those whobelieve an agency has wrongly denied, orwrongly granted, an application. In consid-

WritLargeThe issuance of a writ of mandate

before final judgment creates a Hobson’s choice for the

potential appellant

AMitchell E. Abbott and T. Peter Pierce are share-

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ering an application for a land use permit orfor any other discretionary approval, anagency must ensure that 1) it has acted withinits jurisdiction, 2) it has provided the appli-cant with a fair hearing, 3) it has proceededin the manner required by law, and 4) itsultimate decision is supported by evidence inthe record of the proceedings.2 If a courtconcludes a public agency violated any ofthese statutory dictates in granting or deny-ing an application, the court may issue aperemptory writ of administrative mandamusrequiring the public agency to set aside itsdecision and take the necessary action toreach a new decision. Courts may specifywhat that new decision must be, but they donot always do this. A court also may vacatethe public agency’s decision and require theagency to rehear the matter.

Perhaps the most common error identifiedby courts in administrative mandamus pro-ceedings occurs when a public agency makesa decision that is not supported by substan-tial evidence in the record.3 In those cases, thecourt may not take additional evidence to sup-ply the basis for the agency’s decision becausedoing so would interfere with the agency’sexclusive discretionary powers to make deci-sions supported by substantial evidence.4

Moreover, a court remanding a matter to anagency may not order the agency to exerciseits discretion in a particular manner whenconsidering or reweighing the evidence.5

Public agencies and officers may not alwaysenjoy discretion in performing official duties.In some instances, the law compels a publicagency or official to take a particular action.One of myriad examples is found in Gov-ernment Code Section 34460, which requiresthe mayor and clerk of a charter city to cer-tify any charter amendment ratified by the vot-ers. If an agency or official refuses to per-form an act required by law, an aggrievedperson may file a petition in court for a writof “traditional” mandate under Code of CivilProcedure Section 1085. If the court con-cludes the agency or official had no valid rea-son for refusing to perform the act, the courtmay issue the writ compelling the agency orofficial to perform the particular act.

In practice, writs of administrative man-damus issued pursuant to Section 1094.5 ortraditional writs of mandate under Section1085 customarily impose a deadline for apublic agency or public official to reach a newdecision or to perform the required action.The agency or official later files with thecourt a “return” attesting to compliance withthe writ.

Petitions for writs of administrative man-damus or for traditional writs of mandateoften are joined with other causes of action.The California Supreme Court expresslyauthorized the combined writ/complaint pro-

cedure in Hensler v. City of Glendale.6 Thecourt also recognized an alternative approach:A property owner, for example, may opt toinitiate a writ proceeding and simultaneouslyor later file a separate lawsuit asserting oneor more other causes of action, such as inversecondemnation, for money damages. Thechoice lies with the petitioner/plaintiff. Almostinvariably, however, a petitioner/plaintiff willchoose to file one omnibus action, pleadingthe petition for writ and other causes ofaction together. That decision may be drivenby cost considerations, future res judicataconcerns, or other factors.

One might reasonably assume that thecourts have resolved many issues implicatedby the simultaneous prosecution of a writ ofmandate and other causes of action againstpublic agencies. But the courts have notaddressed whether a court may issue andenforce a peremptory writ (under eitherSection 1085 or Section 1094.5) when othercauses of action remain pending and no finaljudgment has been entered.

The California Supreme Court has heldthat an action concludes with only one finaljudgment. In a 1942 decision, Bank ofAmerica v. Superior Court,7 the court heldthat “there can be but one judgment in anaction no matter how many counts the com-plaint contains.” Three years after decidingBank of America, however, the court held inSteen v. Board of Civil Service Commis-sioners8 that an order issued by a superiorcourt denying a writ petition was appealableimmediately. According to the court, a finaljudgment was not necessary to perfect anappeal from the decision on the petition fora writ of mandate.

Divergent Paths

These early decisions of the supreme courtapparently prompted the intermediate appel-late courts to tread two divergent paths. Somecourts of appeal readily concluded that anappeal lies from an order granting or deny-ing mandamus relief, regardless of whetherthere is an entry of final judgment.9 In severalof these cases, other causes of action were stillpending when an appeal was taken from thetrial court’s decision on the writ petition.10 Inothers the writ petition was the only cause ofaction asserted and the appellate court treatedthe order adjudicating the writ as a finaljudgment in a special proceeding.11

At least one court of appeal departedfrom this line of cases. In Hadley v. SuperiorCourt,12 a 1972 decision, the court expresslydisagreed with Daggs v. Personnel Commis-sion,13 a 1969 decision holding that an ordergranting or denying writ relief is appealableabsent a final judgment. Hadley involved aminute order issued by the trial court deny-ing a mandamus petition. The losing party,

Hadley, moved for entry of judgment, pre-sumably in order to clear the way for filingan appeal. After the trial court denied themotion for entry of judgment, Hadley peti-tioned the court of appeal for a writ com-manding the trial court to enter a judgment.Hadley’s petition did not challenge the trialcourt’s decision on the merits. Instead, itsought narrowly to compel the trial court toenter a judgment on the ground that only ajudgment could properly terminate the pro-ceedings in the trial court. The appellatecourt granted relief and commanded the trialcourt to enter a judgment consistent with itsminute order.

The court in Cody v. Superior Court,14

although not as strident in its language as theHadley court, observed that “the grantingor denial of relief in mandamus proceedingsis effectuated by a judgment rather than anorder.”15 Unlike Hadley, Cody did notexpressly criticize any earlier appellate deci-sions that noted that an order granting ordenying writ relief could be appealed withouta final judgment. Nevertheless, the Codycourt treated an appeal from an order deny-ing writ relief as an appeal from a final judg-ment in a special proceeding.

Adding to the splintered authorities on theissue of whether an order adjudicating a sin-gle cause of action is appealable (be it a writcause of action or otherwise) was the decisionin Schonfeld v. City of Vallejo,16 which hassince been overruled. Schonfeld created asomewhat amorphous exception to the “onefinal judgment rule” announced by theCalifornia Supreme Court in Bank ofAmerica. The trial court in Schonfeld rendereda judgment dismissing two causes of actionand leaving a remaining severed cause ofaction for declaratory relief. The court ofappeal declined “to rigidly adhere to the onefinal judgment rule” and created the newrule that an appeal may be taken when causesof action remain in the trial court if “the cir-cumstances…are so unusual that postpone-ment of the appeal until the final judg-ment…would cause so serious a hardshipand inconvenience as to require us to augmentthe number of existing exceptions [to theone final judgment rule].”17

Relying upon Schonfeld, the court inHighland Development Company v. City ofLos Angeles18 concluded that a separate judg-ment on a writ of mandate petition wasappealable even though causes of action fordeclaratory and injunctive relief had not beentried: “[I]n recent years, ‘the number of exist-ing exceptions’ to the one final judgment rulehas been augmented so that ‘separate appeal-able judgments may be rendered on countsthat present separate claims for relief,’ wherethe trial court has severed such causes ofaction from those remaining to be tried.”19

22 Los Angeles Lawyer November 2006

Los Angeles Lawyer November 2006 23

At least two appellate courts disagreedin principle with Schonfeld’s erosion of theone final judgment rule. In ArmstrongPetroleum Corporation v. Superior Court,20

the court went to great pains to harmonize itsdecision with Schonfeld but nevertheless rec-ognized the lack of any authority for enlarg-ing the class of appealable judgments beyondthat authorized by statute. The court in Dayv. Papadakis21 upheld the one final judgmentrule, citing Armstrong with approval anddistinguishing Schonfeld.

Morehart and the One Final Judgment Rule

Finally, in 1994, the California SupremeCourt brought much-needed clarity to theissue of whether an appeal may be takenfrom anything other than a final judgment dis-posing of all causes of action. The supremecourt unanimously reaffirmed the one finaljudgment rule in its decision in Morehart v.County of Santa Barbara22 and expresslydisapproved the line of cases commencingwith Schonfeld that had recognized an excep-tion to the rule.

In Morehart, the County of Santa Barbaradenied a property owner a permit to build asingle-family dwelling. The property ownerpetitioned for a writ of mandate directingthe county to set aside the permit denial. Inthe same action, the property owner broughtdamages claims for inverse condemnationand civil rights violations and sought declara-tory and injunctive relief. The trial courtordered the causes of action for the writ anddeclaratory and injunctive relief to be triedseparately from the causes of action seekingdamages. Thereafter, the trial court entered ajudgment on the writ and declaratory andinjunctive relief. The property owner appealedthat judgment, and the court of appeal treatedthe judgment as appealable under theSchonfeld line of cases.

The California Supreme Court held thatthe judgment disposing of fewer than allcauses of action was not a true final judgmentand thus was not appealable:

Accordingly, we hold that an appealcannot be taken from a judgment thatfails to complete the disposition of allthe causes of action between the par-ties even if the causes of action dis-posed of by the judgment have beenordered to be tried separately, or maybe characterized as “separate and inde-pendent” from those remaining.Statements to the contrary in [Schon-feld] and its progeny are disapproved.23

In the wake of Morehart, several appellatecourts have held that an order granting ordenying a writ of mandate is not appealableif other causes of action remain pending andthus no final judgment has been entered. The

court in Nerhan v. Superior Court,24 relyingupon Morehart, concluded that an orderdenying a petition for a writ of mandate wasnot appealable when a cause of action fordamages for a regulatory taking still waspending. Several years after Nerhan, theCalifornia Supreme Court reaffirmed its hold-ing in Morehart:

When an order denying a petition forwrit of administrative mandate doesnot dispose of all causes of actionbetween the parties, allowing an appealfrom the denial order would defeatthe purpose of the one final judgmentrule by permitting the very piecemealdispositions and multiple appeals therule is designed to prevent.25

Morehart plainly does not limit its hold-ing to cases in which writ petitions weredenied. Allowing an appeal from an ordergranting a writ petition would also contra-vene the one final judgment rule, and forthe same reason—the prospect of multipleappeals.

Thus, in Connell v. Superior Court,26 thecourt concluded that an order granting awrit commanding the state controller to takecertain actions was not appealable becauseother claims remained undecided. Last year,the court in In re Bay-Delta ProgrammaticEnvironmental Impact Report CoordinatedProceedings27 observed that any appeal fromthe grant or denial of a writ under the Cal-ifornia Environmental Quality Act must awaitthe entry of final judgment on all causes ofaction.

With courts now uniformly applying theone final judgment rule to preclude appealsfrom orders disposing of fewer than all causes

of action, public agencies and officials oftenfind themselves in a quandary when a trialcourt issues a peremptory writ of mandatecommanding them to act while other causesof action still remain pending. In thoseinstances, the one final judgment rule pre-cludes an appeal from the order granting thewrit. Some writs require public agencies or

officials to take action within a matter ofdays or weeks. But because an appeal cannotbe perfected at that point, litigants againstwhom peremptory writs have been issuedare deprived of the automatic stay of enforce-ment28 that usually results when an appeal istaken from a judgment granting a writ ofmandate.

Petition for Extraordinary Relief

Short of seeking reconsideration in the trialcourt, the only possible judicial relief from thecommand of a writ issued in the middle of acase, without a final judgment, is to file a peti-tion for extraordinary relief—typically styledas a petition for a writ of mandate—in thecourt of appeal. A few post-Morehart appel-late decisions have treated premature noticesof appeal from writs granted by trial courtsas petitions for extraordinary relief.29

But a petition for extraordinary relief inthe court of appeal under Rule 56 of theCalifornia Rules of Court differs markedlyfrom an appeal filed as a matter of rightunder Code of Civil Procedure Section904.1(a). The court of appeal is required tohear an appeal and issue an opinion. In sharpcontrast, petitions for extraordinary relieffrequently are denied without comment. In fis-cal year 2003-2004, 92 percent of originalproceedings filed in civil cases in the courts of

appeal in California were disposed of with-out opinion.30 It is therefore no surprise thatone court of appeal has observed, “Ex-perienced lawyers know how difficult it oftenis to persuade a Court of Appeal to grantextraordinary relief.”31 Another appellatecourt candidly stated, “Courts of Appeal arenormally reluctant to grant petitions forextraordinary relief.”32 It appears to be therare exception when courts are willing toexercise their discretion and treat prematureappeals as petitions for extraordinary reliefthat yield opinions fully adjudicating theissues.33

Confronted with this remote chance ofsuccess in seeking extraordinary relief, a pub-lic agency or official might decide to complywith a trial court’s writ of mandate and takethe action ordered by the court. Thatapproach, however, could forever deprivethe agency or official of its right to appealfrom the writ once a final judgment is entered.Compliance with a writ of mandate may ren-der moot any subsequent appeal.34

Given the current legal landscape, a trialcourt’s issuance of a writ of mandate withouta final judgment presents public agencies andofficials with a Hobson’s choice—either com-ply with the writ and risk losing any right ofa subsequent appeal because of mootness,or ignore the writ until a final judgment isentered, thereby risking a citation for con-tempt of court. Despite this untenable situa-tion, however, no appellate court in Californiahas expressly decided the question of whethera peremptory writ of mandate may be issuedand enforced prior to entry of a final judgment(although many appellate decisions, withoutdiscussion, presume this to be the case).35

Perhaps courts have not had an opportunityto answer this question because of a conflu-ence of circumstances that simply could nothave been foreseen:• The effect of Morehart.36

• The reluctance by courts of appeal to grantpetitions for extraordinary relief.• The mooting effect of complying with aperemptory writ.• The possible contempt citation for dis-obeying a writ.

Adopting the Right Solution

Nonetheless, there are three possible answersto the question. The first is that a writ ofmandate may be issued and enforced absententry of a final judgment. In that case, how-ever, the only possible remedy would beappealing the grant or denial of a writ ofmandate regardless of the lack of a final judg-ment. That solution would contraveneMorehart37 directly. It also would create inter-locutory proceedings which, as the Morehartcourt cautioned, would clog the courts witha multiplicity of appeals. Furthermore, this

24 Los Angeles Lawyer November 2006

(949) 388-0524

solution almost certainly would require leg-islative action. Unless and until any legislativeaction is forthcoming, issuing and enforcingwrits absent entry of a final judgment defieslogic.

The second possible solution is for theparties to stipulate that 1) the public agencywill comply with the writ, subject to its rightto appeal the order granting the writ after finaljudgment is entered, and 2) the public agencymay rescind the act by which it compliedwith the writ if it prevails on appeal. At leastone appellate court, in an unpublished opin-ion, has recognized the validity of this type ofstipulation.38 The problem inherent in thissolution is that it will not work unless the pre-vailing party who secured the peremptorywrit agrees to remain suspended in a state oflegal limbo for the extended period of time itwill take to litigate the remainder of the casein the trial court and then defend any appeal.Many parties, if not most, will be unwillingto dilute their trial court victory by agreeingthat the public agency, after taking the com-manded action, may rescind that action ifsuccessful on appeal.

The third possible solution—and the onethat courts should adopt in a post-Morehartworld—is a rule that a peremptory writ ofmandate simply cannot be issued andenforced except upon entry of a final judg-ment. This rule would spare the appellatecourts the flood of additional appealsMorehart anticipated and presumably wouldreduce the number of petitions for extraor-dinary relief seeking review of orders grant-ing or denying peremptory writs.

In practice, this rule need not hamstringplaintiffs and petitioners by requiring them toawait final judgment on all causes of actionbefore enforcing a writ. A party seeking a writof mandate as well as other relief based onnon-writ causes of action has the choice of fil-ing two actions—1) a writ proceeding, and 2)another action seeking all other relief. Thiscourse was expressly approved by theCalifornia Supreme Court in Hensler39 and iscertainly the preferable approach if there is anurgent need for the writ to be issued andenforced as soon as possible. If the party hasfiled a separate writ proceeding, the peremp-tory writ may be issued as part of the finaljudgment, thus paving the way for enforce-ment of the writ without compromising theresponding party’s right to meaningful appel-late review. Even when enforcement of thewrit is stayed pending appeal, the petitionerbenefits because appellate review will not bedelayed by any ongoing adjudication in thetrial court of other causes of action.Otherwise, if the writ is brought as one ofmany causes of action in the same lawsuit, notonly are the responding party’s appellaterights potentially compromised if a writ issues

Los Angeles Lawyer November 2006 25

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without a final judgment, but the appellateproceedings that may eventually conclude inthe petitioner’s favor on the writ cause ofaction are delayed by the length of time ittakes the trial court to adjudicate all othercauses of action and enter a final judgment.

The one final judgment rule endorsed byMorehart40 promotes judicial economy andefficiency and ultimately reduces the legalcosts borne by the parties. The unfortunateand no doubt unintended consequence ofMorehart, however, is that its rule—appliedto cases in which writs are issued long beforeother causes of action are decided—yieldsharsh results. The only workable solution,absent revisiting the one final judgment rule,is to preclude issuance and enforcement of aperemptory writ until the trial court enters afinal, appealable judgment. ■

1 See, e.g., Morehart v. County of Santa Barbara, 7 Cal.4th 725 (1994); Consaul v. City of San Diego, 6 Cal.App. 4th 1781 (1992).2 CODE CIV. PROC. §1094.5(b).3 See CODE CIV. PROC. §1094.5(c).4 Sunrise Retirement Villa v. Dear, 58 Cal. App. 4th948, 955 (1997).5 CODE CIV. PROC. §1094.5(f); Clark v. City ofHermosa Beach, 48 Cal. App. 4th 1152, 1174-75(1996).6 Hensler v. City of Glendale, 8 Cal. 4th 1 (1994).7 Bank of Am. v. Superior Court, 20 Cal. 2d 697, 701(1942).

8 Steen v. Board of Civil Serv. Comm’rs, 26 Cal. 2d 716(1945).9 Dunn v. Municipal Court, 220 Cal. App. 2d 858(1963); Daggs v. Pers. Comm’n, 1 Cal. App. 3d 925(1969); Healdsburg Police Officers Ass’n v. City ofHealdsburg, 57 Cal. App. 3d 444 (1976); CaliforniaTeachers Ass’n v. Board of Educ., 109 Cal. App. 3d 738(1980); Elmore v. Imperial Irrigation Dist., 159 Cal.App. 3d 185 (1984); Highland Dev. Co. v. City of LosAngeles, 170 Cal. App. 3d 169 (1985); Bollengier v.Doctors Med. Ctr., 222 Cal. App. 3d 1115 (1990);Consaul v. City of San Diego, 6 Cal. App. 4th 1781(1992).10 California Teachers Ass’n, 109 Cal. App. 3d 738;Elmore, 159 Cal. App. 3d 185; Highland Dev. Co., 170Cal. App. 3d 169.11 Dunn, 220 Cal. App. 2d 858; Healdsburg PoliceOfficers Ass’n, 57 Cal. App. 3d 444; Consaul, 6 Cal.App. 4th 1781.12 Hadley v. Superior Court, 29 Cal. App. 3d 389(1972).13 Daggs, 1 Cal. App. 3d 925.14 Cody v. Superior Court, 238 Cal. App. 2d 275(1965).15 Id. at 277 n.1.16 Schonfeld v. City of Vallejo, 50 Cal. App. 3d 401(1975), overruled by Morehart v. County of SantaBarbara, 7 Cal. 4th 725 (1994).17 Schonfeld, 50 Cal. App. 3d at 418.18 Highland Dev. Co. v. City of Los Angeles, 170 Cal.App. 3d 169 (1985).19 Id. at 179 (quoting Schonfeld, 50 Cal. App. 3d at418).20 Armstrong Petroleum Corp. v. Superior Court, 114Cal. App. 3d 732 (1981).21 Day v. Papadakis, 231 Cal. App. 3d 503 (1991).22 Morehart v. County of Santa Barbara, 7 Cal. 4th 725

(1994).23 Id. at 743.24 Nerhan v. Superior Court, 27 Cal. App. 4th 536(1994).25 Griset v. Fair Political Practices Comm’n, 25 Cal. 4th688, 697 (2001).26 Connell v. Superior Court, 59 Cal. App. 4th 382(1997).27 In re Bay-Delta Programmatic Envtl. Impact ReportCoordinated Proceedings, 133 Cal. App. 4th 154(2005).28 CODE CIV. PROC. §916.29 See Connell, 59 Cal. App. 4th 382; Cohan v. City ofThousand Oaks, 30 Cal. App. 4th 547 (1994).30 JUDICIAL COUNCIL OF CALIFORNIA, 2005 COURT

STATISTICS REPORT 33 (Table 13—Dispositions of Orig-inal Proceedings, Fiscal Years 2002-03 and 2003-04).31 Green v. Amante, 3 Cal. App. 4th 684, 690 (1992).32 City of Half Moon Bay v. Superior Court, 106 Cal.App. 4th 795, 803 (2003).33 See Connell, 59 Cal. App. 4th 382; Cohan, 30 Cal.App. 4th 547.34 MHC Operating Ltd. P’ship v. City of San Jose, 106Cal. App. 4th 204 (2003); Ryan v. California Inter-scholastic Fed’n, 94 Cal. App. 4th 1033 (2001).35 See, e.g., Connell, 59 Cal. App. 4th 382; Kavanaughv. West Sonoma County Union High Sch. Dist., 111Cal. Rptr. 2d 829 (2001) (unpublished); MHCOperating Ltd. P’ship, 106 Cal. App. 4th 204; City ofHalf Moon Bay, 106 Cal. App. 4th 795.36 Morehart v. County of Santa Barbara, 7 Cal. 4th 725(1994).37 Id.38 Yamagiwa v. City of Half Moon Bay, 2005 WL1774402 (2005) (unpublished).39 Hensler v. City of Glendale, 8 Cal. 4th 1 (1994).40 Morehart, 7 Cal. 4th 725.

26 Los Angeles Lawyer November 2006

Intoday’s increasingly consoli-dated marketplace, morelawyers and law firms are enter-ing into strategic relationships

that differ from classic merger oremployee/shareholder models. These rela-tionships are cast in various terms such asaffiliations, alliances, associations, and jointventures. Information about the existence ofthese relationships is communicated to thepublic through press releases, media state-ments, firm letterhead, and other public rep-resentations. While these relationships canoffer obvious benefits to the parties involvedand to their clients, they may also carryincreased burdens regarding conflicts analy-sis and the ethical obligations imputed to theparties to the relationship.

In California a lawyer who is of counselto a law firm is deemed part of the law firmfor conflicts purposes. This includes the impu-

tation of conflicts.1 Lawyers and their ofcounsel affiliates are effectively regarded asa single de facto firm. The current and formerclients of each lawyer therefore become rel-evant to all the lawyers’ respective ethicalobligations and potential disqualificationmotions. The State Bar of California StandingCommittee on Professional Responsibilityand Conduct has opined that an entire firm,not just an individual lawyer, can be of coun-sel to another firm—and the treatment ofthe parties as a de facto firm affects the analy-sis of conflicts.2 De facto firm treatment canexponentially increase the conflicts applica-ble to each party’s conduct.

The analysis of the situation involving ofcounsel lawyers does not resolve whether

Los Angeles Lawyer November 2006 27

Andrew I. Dilworth is a partner at Cooper, White &

Cooper LLP in San Francisco, where he specializes

in professional responsibility.

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 29.

Dangerous LiaisonsRelationships between associated firms

may be scrutinized under the same

standards that apply to of counsel

by Andrew I. Dilworth

lawyers or law firms who enter into affilia-tions, associations, alliances, and other strate-gic relationships but do not present themselvesas of counsel to one another carry similar bur-dens regarding conflicts or are insulated fromtreatment as a de facto firm. While Californiacourts have not directly addressed the issue,some observations can be made based onexisting case law and related ethics opinions.Indeed, if the relationship of the lawyers orlaw firms is deemed “close, personal, con-tinuous and regular” by a court—either as amatter of presumption or as a matter offact—the parties may be treated as a de factofirm notwithstanding the designation they

place on their relationship.The term “of counsel” has specific mean-

ing under California law. It requires, at aminimum, a relationship that is “close, per-sonal, continuous, and regular”3—a definitionembodied in case law and in the CaliforniaRules of Professional Conduct.4 A commu-nication that states or implies that a party isof counsel is presumptively false and mis-leading if the relationship cannot be charac-terized by the four-word definition.5

The SpeeDee Oil Standard

In People v. SpeeDee Oil Change Systems,Inc., the California Supreme Court held thatthe essence of the relationship between a firmand an attorney of counsel “is the closenessof the ‘counsel’ they share on client mat-ters.”6 According to the court, “This close,fluid, and continuing relationship, with itsattendant exchanges of information, advice,and opinions, properly makes the of counsellawyer subject to the conflict imputation rule,regardless of whether that attorney has anyfinancial stake in a particular matter.”7 Thistype of relationship, the court concluded, isdistinguishable from a cocounsel relation-ship and “justif[ies] a presumption that clientconfidences will be disclosed and exchangedin informal consultations. Hence, the conflict

of interest of one will be imputed to the other,with the consequence that disqualificationmust follow.”8 The broad sweep of the court’sdecision in SpeeDee Oil is captured in itstreatment of the of counsel attorney as a defacto member of the other party’s practice:

From the clients’ and the public’s per-spective, the of counsel attorney canhardly be distinguished from otherattorneys who may be more closelytied to a firm financially. As a result, theneed to preserve confidentiality andpublic confidence in the integrity ofthe legal profession and judicial processrequire that of counsel attorneys be

regarded as the same as partners, asso-ciates, and members of law firms forconflict of interest issues.9

While SpeeDee Oil involved concurrentrepresentation of adverse interests in the samematter (albeit for a very brief period),10 thelanguage of the opinion suggests that theimputation of conflicts in close, personal,continuous, and regular relationships maybe equally applicable to former representa-tions involving substantially related mattersand the attendant concerns regarding confi-dentiality.11

In an ethics opinion that predates SpeeDeeOil by almost 15 years, the American BarAssociation’s Committee on Ethics andProfessional Responsibility12 concluded thata statement on firm letterhead that a firm is“affiliated” or “associated with” anotherfirm or lawyer also implicates a de facto firmstandard for disqualification purposes.13

Although California has no case law directlyon point, at least one federal decision hasadopted the ABA’s view.14

Given the rationale in SpeeDee Oil and theopinions prior and subsequent, it is foresee-able that a California court could apply a defacto firm standard to affiliations, associa-tions, alliances, and other strategic relation-ships that are deemed to be close, personal,

continuous, and regular. Parties entering intothese types of relationships would be welladvised to incorporate each other into theirconflicts-checking systems and apply the nec-essary conflicts analysis. Similarly, attorneyswanting to avoid broad de facto firm treat-ment should give careful consideration tothe representations they make about the scopeand nature of their relationships with otherattorneys.

In Formal Opinion 1993-129, the StateBar of California Standing Committee onProfessional Responsibility and Conduct dis-tinguished three types of relationships as notmeeting the of counsel standard: 1) a col-

laboration for an individual or occasionalmatter, 2) forwarding or receiving legal busi-ness, and 3) infrequent, independent con-sulting.15 Because SpeeDee Oil consideredFormal Opinion 1993-129 in determiningthat parties in an of counsel relationshipshould be treated as a de facto firm,16 Cal-ifornia courts may not be inclined to apply defacto firm treatment to relationships notmeeting the of counsel definition.

At least one federal court has suggestedthat these three types of non-of counsel rela-tionships—which could be described as “inter-nal” or “case specific” relationships—do notcarry the same presumption of shared confi-dences. They also do not have the same impli-cations as of counsel relationships for thecapacity to impair public perceptions of thejudicial system.17

SpeeDee Oil contains some support forthis view. The SpeeDee Oil court highlightedthe significance of making public represen-tations and the corresponding impact theserepresentations have on the perceptions ofclients and the public.18 In its opinion thecourt expressly stated that the of counselattorney’s conflict had to be imputed to thefirm “because of the public designation oftheir relationship.”19

Moreover, the court in the SpeeDee Oil

28 Los Angeles Lawyer November 2006

By presenting the relationship to the publicvia firm letterhead or other publicrepresentations, lawyers face an increasedlikelihood that a court will make certainpresumptions, perhaps irrebuttable, aboutpublic perceptions despite the actual natureof the lawyers’ relationship and anyevidence of shared confidences.

Los Angeles Lawyer November 2006 29

MCLE Test No. 153The Los Angeles County Bar Association certifies that this activity has been approved for Minimum

Continuing Legal Education legal ethics credit by the State Bar of California in the amount of 1 hour.

MCLE Answer Sheet #153

DANGEROUS LIAISONS

Name

Law Firm/Organization

Address

City

State/Zip

E-mail

Phone

State Bar #

INSTRUCTIONS FOR OBTAINING MCLE CREDITS

1. Study the MCLE article in this issue.

2. Answer the test questions opposite by markingthe appropriate boxes below. Each questionhas only one answer. Photocopies of thisanswer sheet may be submitted; however, thisform should not be enlarged or reduced.

3. Mail the answer sheet and the $15 testing fee($20 for non-LACBA members) to:

Los Angeles LawyerMCLE TestP.O. Box 55020Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. Within six weeks, Los Angeles Lawyer willreturn your test with the correct answers, arationale for the correct answers, and acertificate verifying the MCLE credit you earnedthrough this self-assessment activity.

5. For future reference, please retain the MCLEtest materials returned to you.

ANSWERS

Mark your answers to the test by checking theappropriate boxes below. Each question has onlyone answer.

1. ■■ True ■■ False

2. ■■ True ■■ False

3. ■■ True ■■ False

4. ■■ True ■■ False

5. ■■ True ■■ False

6. ■■ True ■■ False

7. ■■ True ■■ False

8. ■■ True ■■ False

9. ■■ True ■■ False

10. ■■ True ■■ False

11. ■■ True ■■ False

12. ■■ True ■■ False

13. ■■ True ■■ False

14. ■■ True ■■ False

15. ■■ True ■■ False

16. ■■ True ■■ False

17. ■■ True ■■ False

18. ■■ True ■■ False

19. ■■ True ■■ False

20. ■■ True ■■ False

1. In California, a lawyer who is of counsel to a law firm

is not considered part of the law firm for conflicts pur-

poses.

True.

False.

2. A California lawyer who enters into a close, personal,

continuous, and regular relationship with another lawyer

or law firm need not worry about the possibility of imputed

conflicts so long as the lawyer is not of counsel to the other

lawyer or law firm.

True.

False.

3. Law firms that hold themselves out as affiliates do not

run the risk of being treated as a de facto firm for conflicts

purposes.

True.

False.

4. California courts have squarely held that lawyers or law

firms who enter into affiliations, associations, alliances,

and other strategic relationships with other lawyers or law

firms are never subject to the conflict analysis that was

applied by the California Supreme Court in People v.

SpeeDee Oil Change Systems, Inc.

True.

False.

5. A communication from a firm that states or implies that

a party is of counsel is presumptively false and mis-

leading if the relationship between the party and the

firm is not close, personal, continuous, and regular.

True.

False.

6. In SpeeDee Oil the California Supreme Court held that

an of counsel relationship is the same for conflicts pur-

poses as a cocounsel relationship.

True.

False.

7. An attorney who does not share in the profits of a law

firm cannot as a matter of law be considered a de facto

member of the firm for conflicts purposes.

True.

False.

8. The American Bar Association’s Committee on Ethics

and Professional Responsibility concluded in a formal

ethics opinion that a statement on firm letterhead that

a firm is “affiliated” or “associated with” another firm or

lawyer cannot implicate a de facto firm standard for dis-

qualification purposes.

True.

False.

9. There is no need for lawyers or law firms entering into

close, personal, continuous, and regular relationships to

consider incorporating each other into their respective

conflict-checking systems.

True.

False.

10. The State Bar of California Standing Committee on

Professional Responsibility and Conduct (COPRAC) has

concluded in a formal ethics opinion that relationships

between lawyers or law firms involving 1) a collaboration

for an individual or occasional matter, 2) forwarding or

receiving of legal business, or 3) infrequent, independent

consulting should be treated the same as of counsel

relationships for conflicts purposes.

True.

False.

11. The California Supreme Court in SpeeDee Oil makes

reference to COPRAC’s Formal Opinion 1993-129.

True.

False.

12. The SpeeDee Oil decision, in discussing whether

and when to treat lawyers or law firms as a de facto firm

for conflicts purposes, places no significance on the pub-

lic representations that lawyers or law firms make about

the nature of their relationship and the impact these

representations might have on the perceptions of clients

and the public.

True.

False.

13. As long as lawyers or law firms who enter into affili-

ations, associations, alliances, or other strategic rela-

tionships do not make public communications about

their relationship, they cannot be subject to disqualifi-

cation based on conflicts of interest.

True.

False.

14. There is no risk of disqualification to lawyers who enter

into close, personal, continuous, and regular strategic rela-

tionships so long as they do not publicly announce the

existence of those relationships.

True.

False.

15. Lawyers or law firms entering into publicly announced

affiliations do not face the risk of an increased conflicts

burden.

True.

False.

16. Under SpeeDee Oil, the imposition of an ethical wall

by lawyers or law firms who enter into affiliations, asso-

ciations, alliances or other strategic relationships is a guar-

antee against the application of a de facto firm conflicts

standard.

True.

False.

17. Under California law, conflicts cannot be imputed

among offices that exist in different locations.

True.

False.

18. The fact that lawyers or law firms who enter into affil-

iations, associations, alliances or other strategic rela-

tionships maintain separate staff, different office space,

and do not share in each other’s profits is a guarantee

against de facto firm treatment for conflicts purposes.

True.

False.

19. The California Supreme Court held in SpeeDee Oil that

ethical walls can prevent conflict imputation to lawyers

who are of counsel to other lawyers or law firms.

True.

False.

20. Lawyers or law firms who enter into affiliations, asso-

ciations, alliances, or other strategic relationships and

make public announcements regarding those relation-

ships must comply with Rule 1-400 of the California Rules

of Professional Conduct regarding those announcements.

True.

False.

case found that a close and personal rela-tionship was “inherent in designating anattorney as of counsel to a firm.”20 “Close”and “personal,” however, are not terms thatautomatically describe all other relationshipsbetween attorneys about which no publicstatement was made—through letterhead orotherwise—that would give rise to any impli-cation regarding the availability of the affil-iated lawyers’ resources to their clients orthe sharing of confidences between thoselawyers.21

Clearly lawyers who are affiliated in someway but do not publicly broadcast theirstrategic relationship are still capable of shar-ing confidential information. If this infor-mation is shared, disqualification may stillresult. Moreover, if the lawyers, as a factualmatter, have a close, personal, continuous,and regular relationship, their mutual obli-gations regarding conflicts may exist despitea lack of any public pronouncements aboutthe relationship.

However, by presenting the relationship tothe public via firm letterhead or other publicrepresentations, lawyers face an increasedlikelihood that a court will make certain pre-sumptions, perhaps irrebuttable, about pub-lic perceptions despite the actual nature of thelawyers’ relationship and any evidence ofshared confidences. This danger is particularlyacute in matters of concurrent representa-tion. California applies a per se rule of dis-qualification in such situations—even if thesubject matter of the concurrent matters isunrelated.22

Lawyers entering into publicly announcedaffiliations should be cognizant of theincreased burden they may incur as a resultof broadcasting their relationship and givecareful consideration to what is said pub-licly about the scope and nature of their worktogether. Similarly, lawyers who have notmade public representations about their rela-tionship should emphasize this fact in mar-shaling their arguments against being treatedas a de facto firm.

Ethical Walls

Lawyers should not rely on the structure oftheir practices and the placement of ethicalwalls as a guarantee against the applicationof a de facto firm conflicts standard. Thephysical location and arrangement of theparties’ practices is not decisive in California.The maintenance of separate staff, differentoffice space, and the absence of any sharingin one another’s profits is not a guaranteeagainst de facto firm treatment when thelawyers’ relationship is otherwise close, per-sonal, continuous, and regular.23 This fact isunderscored by the court’s conclusion inSpeeDee Oil that lawyers with a close, per-sonal, continuous, and regular relationship are

treated “the same as partners, associates, andmembers of law firms for conflict of interestissues.”24

In California, it is well-settled that conflictsare imputed firmwide.25 This concept wasemphasized in a California bankruptcy courtruling three years before SpeeDee Oil. Inthat case, a lawyer’s disqualification wasimputed to a firm of approximately 400lawyers with practices in 16 offices, includ-ing 7 foreign countries. The court concludedthat the fact the lawyer with the conflict waslocated in an office in a different state fromthe location of the of counsel lawyer handlingthe litigation at issue was “of no conse-quence” and that “[l]ike an infectious disease,the disqualification affects every lawyer inthe law firm, wherever located.”26

The imposition of an ethical wall alsoprovides no assurance against de facto firmtreatment. In SpeeDee Oil, the court distin-guished a number of out-of-state cases inwhich disqualification was not grantedbecause of ethical walls. The SpeeDee Oilcourt noted that those cases involved dis-crete, successive conflicting representations insubstantially related matters, not overlap-ping periods of time in which material con-fidential information was obtained from par-ties on opposite sides of the same litigation.27

The court further noted that the out-of-statecases “applied a more lenient approach toconflicts disqualification than prevails inCalifornia.” The firm at issue, according tothe SpeeDee Oil court, had failed “to demon-strate that any formal screening procedure[had] prevented attorneys working on respon-dents’ behalf from being exposed to Mobil’sconfidences.”28 Although actively distin-guishing nonbinding authority involving eth-ical walls, the court did not directly holdthat ethical walls could prevent conflict impu-tation under California law.

Nevertheless, the court’s analysis suggeststhat courts may be willing to consider theimpact of an ethical wall in appropriate cir-cumstances. If a conflict arises in the contextof successive rather than concurrent repre-sentations, parties may argue that they shouldbe allowed to rebut the presumption of sharedconfidences by showing the establishment ofa promptly constructed and effective ethicalwall. Lawyers entering into strategic rela-tionships should follow the practice of impos-ing ethical walls, even though these devices arenot a guarantee against disqualification underCalifornia law and may be unlikely to haveany effect in the context of concurrent rep-resentations.

Lawyers who publicly announce theirstrategic relationship must be cognizant ofCalifornia’s rules regarding attorney adver-tising and solicitation. The position takenby lawyers entering into affiliated relation-

ships regarding their potential conflicts shouldbe consistent with the actual nature of theirrelationship and the representations, if any,that they make about it to the public, includ-ing any prospective clients. California lawyersare required under Rule 1-400(D) of theRules of Professional Conduct not to makefalse or misleading statements to the public.A lawyer who has made public representa-tions suggesting a close, personal, continu-ous, and regular relationship with anotherlawyer may be at a disadvantage in a dis-qualification proceeding if he or she makesinconsistent statements while seeking toavoid the application of a de facto firm con-flicts standard. A court is likely to find thatthe lawyer was less than forthright in argu-ing that the relationship actually was notclose, personal, continuous, and regular—orthe lawyer made false or misleading state-ments to the public about the nature of therelationship. Either way, the lawyer’s inter-ests will not be well served. Lawyers involvedin strategic relationships should thereforegive careful consideration to any public rep-resentations they have made about their rela-tionship when addressing conflicts or theapplicable conflicts standard in any disqual-ification proceeding.

Strategic relationships between individuallawyers or law firms can be beneficial to allparties involved, including clients. Whenlawyers affiliate with one another, they canbenefit from increased resources, take advan-tage of the availability of knowledge fromspecialized practice areas or geographicallocations, and realize cost savings. Lawyersentering into these relationships, however,need to be aware of the increased burdens theymay acquire for conflicts purposes. Thoselawyers who maintain a close, personal, con-tinuous, and regular relationship would bewell advised to incorporate each other intotheir respective conflicts systems and considerthemselves a single firm for conflicts purposes.If a conflict waiver is required by the circum-stances of a single firm, prudence would dic-tate obtaining one. Absent the waiver, theaffiliated lawyers are vulnerable to disquali-fication and potential violations of ethicsrules. Lawyers who wish to avoid single firmtreatment should give careful consideration towhat, if anything, they say publicly abouttheir relationship, since public pronounce-ments—and any lack of precision in thosestatements—could increase the likelihood ofa more onerous conflicts standard. The use ofethical walls is advisable but should not beconsidered a guarantee against a finding thatthe lawyers are a de facto firm. ■

1 People v. SpeeDee Oil Change Sys., Inc., 20 Cal. 4th1135, 1155 (1999).2 State Bar of Cal., Standing Comm. on Prof’l

30 Los Angeles Lawyer November 2006

Responsibility & Conduct, Formal Op. 1993-129.3 SpeeDee Oil, 20 Cal. 4th at 1153.4 CAL. RULES OF PROF’L CONDUCT R. 1-400(E), Standard(8).5 CAL. RULES OF PROF’L CONDUCT R. 1-400(D), (E),Standard (8).6 SpeeDee Oil, 20 Cal. 4th at 1153.7 Id. at 1154; see also L.A. County Bar Ass’n Prof’lResponsibility & Ethics Comm., Ethics Op. No. 516.8 SpeeDee Oil, 20 Cal. 4th at 1155.9 Id.10 Id. at 1147.11 Id. at 1139-40, 1156.12 See State Comp. Ins. Fund v. WPS, Inc., 70 Cal. App.4th 644, 656 (1999) (Ethics opinions issued by theABA Committee on Ethics and Professional Re-sponsibility are not binding in California but may beconsidered for guidance on proper professional con-duct, particularly when California law is silent on anissue.); see also CAL. RULES OF PROF’L CONDUCT R. 1-100(A) (same).13 ABA Comm. on Ethics & Prof’l Responsibility,Formal Op. 84-351; see also ABA Comm. on Ethics &Prof’l Responsibility, Formal Op. 94-388; but see L.A.County Bar Ass’n Prof’l Responsibility & EthicsComm., Ethics Op. Nos. 392 & 430.14 Mustang Enters., Inc. v. Plug-In Storage Sys., Inc.,874 F. Supp. 881, 888-89 (N.D. Ill. 1995); see alsoMustang Enters., Inc. v. Plug-In Storage Sys., Inc.,No. 94 C 6263, 1995 WL 55226 (N.D. Ill. Feb. 8,1995) (reconfirming the court’s opinion followingissuance of ABA Comm. on Ethics & Prof’lResponsibility, Formal Op. No. 94-388).15 State Bar of Cal., Standing Comm. on Prof’lResponsibility & Conduct, Formal Op. 1993-129.16 SpeeDee Oil, 20 Cal. 4th at 1154.17 Mustang Enters., 874 F. Supp. at 889.18 SpeeDee Oil, 20 Cal. 4th at 1153.19 Id. at 1156; Mustang Enters., Inc., 874 F. Supp. at889.20 SpeeDee Oil, 20 Cal. 4th at 1155.21 Contrast Speedee Oil with ABA Comm. on Ethics &Prof’l Responsibility, Formal Op. 84-351 (“When a lawfirm lists another as ‘affiliated’ or ‘associated’ with it,potential clients of the listing firm are led to believe thatlawyers with the ‘affiliated’ or ‘associated’ firm areavailable to assist in the representation, at least inmatters that the designation may describe. The clientordinarily also expects that lawyers of the ‘affiliated’or ‘associated’ firm will not simultaneously representpersons whose interests conflict with the client’s inter-ests, just as would be true of lawyers who occupy an‘Of Counsel’ relationship with the firm.”).22 See Flatt v. Superior Court, 9 Cal. 4th 275, 284-86(1994).23 SpeeDee Oil, 20 Cal. 4th at 1155.24 Id.; ABA Comm. on Ethics & Prof’l Responsibility,Formal Op. 84-351.25 Flatt, 9 Cal. 4th at 283; Truck Ins. Exch. v. Fireman’sFund Ins. Co., 6 Cal. App. 4th 1050, 1060 (1992);Henriksen v. Great Am. Sav. & Loan, 11 Cal. App. 4th109, 117 (1992); Chadwick v. Superior Court, 106 Cal.App. 3d 108, 116 (1980); Trone v. Smith, 621 F. 2d994, 999 (9th Cir. 1980); Westinghouse Elec. Corp. v.Kerr-McGee Corp., 580 F. 2d 1311, 1318 (7th Cir.1978).26 In re Mortgage & Realty Trust, 195 B.R. 740, 755(Bankr. C.D. Cal. 1996).27 SpeeDee Oil, 20 Cal. 4th at 1151.28 Id. at 1151-52; see also Henriksen, 11 Cal. App. 4that 115; In re Mortgage & Realty Trust, 195 B.R. at 756(rejecting application of an exception to the imputationof a conflict to an of counsel lawyer, noting that the rulein California regarding ethical walls permits them onlyfor former government attorneys entering into privatepractice).

Los Angeles Lawyer November 2006 31

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Settled over 5,000 Federal and State Litigated Cases6,000

If one is to believe numerous press reportsin recent years, it would seem that U.S.-style class actions are com-ing to Europe. One report that garnered considerable publicity wasFrench President Jacques Chirac’s January 2005 announcement thatFrance should consider adopting such litigation. But what are the real-ities behind the headlines, and what risks do U.S. companies and theirEuropean subsidiaries actually face in Europe from plaintiffs pursu-ing class action types of litigation? Unfortunately, there is no single—or simple—answer.

To begin with, it is impossible to equate U.S. and European legalterminology concerning the term “class action.” The term is wellunderstood in the U.S. and has a virtually uniform meaning through-out the country. This is not the case in Europe. In some European coun-tries, the English term “class action” is used but does not necessar-ily mean that the procedures are the same as those in the United States.

In countries that have procedures somewhat similar to U.S. classactions, such as the Netherlands, a statute for those procedures hasbeen enacted but avoids even a local language version of what couldbe confused with the specific term “class action.” For example, theDutch Civil Code simply refers to “a legal proceeding which extendsto similar claims of different persons.”1 More often a local languageterm is used, which will usually not reflect similarities with U.S.practices.

Even when the terms are expressed in English (as in the U.K. orIreland) or are translated into English, one is still faced with a vari-ety of terms that do not reveal whether there are any similarities withU.S. class actions. For instance, Ireland uses the terms “MPL” (multi-party litigation), “GLO” (group litigation order), and “group action”(also used in the UK). “Group action” is also the direct translationof the German term (Gruppenklage), the Swedish terms (grupptalan,

32 Los Angeles Lawyer November 2006

Louis Degos, a member of the Paris (France) bar, is a partner at Eversheds Frere Cholmeley, where he specializes in litigation and arbitration. Geoffrey V.

Morson is a consultant to Eversheds and a member of the California and New York bars. The authors would like to acknowledge the assistance of John Heaps,

worldwide head of Eversheds litigation and dispute management; Kiko Carrión, litigation partner in Eversheds Madrid; and Richard Matthews, head of Eversheds

product liability group.

CLASSS Y S T E M

The reforms of class action laws in Europe are as

varied as the nations themselves

by Louis Degos and Geoffrey V. Morson

HA

DI

FAR

AH

AN

I

grupprättegång) and the Lithuanian term (ieskinys grupes vardu). SomeEuropean countries prefer the idea of a “public lawsuit” (e.g., Greece,Portugal) or “collective lawsuit” (e. g., Estonia, Poland, Romania,Spain) or “combined lawsuit” (Hungary) but without revealing whatis or would be intended by “public” or “collective” or “combined.”

Procedures somewhat akin to the U.S.-style class action exist invarious European statutes whose names contain some of this specificterminology. However, those procedures may be dispersed and inter-mingled into consumer protection statutes, various civil code and codeof civil procedure rules, and within specific statutes relating to secu-rities regulation, environmental protection, or unfair competition. Itis as if, in order to understand class action procedures in California,one had to piece together separate information from the Civil Code,the Unruh Act, the Code of Civil Procedure, the California Rules ofCourt, the Business and Professions Code, the Labor Code, and theTom Banes Civil Rights Act, without ever encountering the generaland familiar term “class action.”

Even finding what looks like a European class action statute or pro-cedure (or draft legislation proposing such a law) does not mean thatthere will always be functional parallels with Rule 23 of the FederalRules of Civil Procedure or with U.S. state law class action analogues.For instance, the Swedish grupprättegång rules are considerablymore detailed than federal Rule 23 and are set out in a specialSwedish statute on the subject. The rules in Lithuania, however, arecontained in a single sentence in the Code of Civil Procedure.

Despite these lexicological difficulties, one can use the term “classaction” to refer to any European procedure in which one or moreplaintiffs seek a civil legal remedy in a national court or a procedurein which any such remedy may be sought on their behalf.

Class Actions Pursuant to EU Directive 98/27

European Union Directive 98/27/EC,2 governing injunctions for theprotection of consumers’ interests, is applicable in all 25 member coun-tries of the EU and in Bulgaria and Romania, which are scheduledto become EU members in 2007. In essence, this directive providesa mechanism whereby aggrieved consumers may seek civil relieffrom wrongdoings which fall within the ambit of the law, but mayonly do so in an action commenced by an “authorized nationalentity,” as defined in Article 3 of the directive.3

The directive provides for the granting of injunctions but not formoney judgments, except for damages payable in the event that a los-ing defendant does not comply with the injunction.4 Thus, the direc-tive is only partially comparable to California Civil Code Sections 1750et seq.

The legislative justification behind Directive 98/27/EC was the beliefby the European Parliament and Council that infringements againstthe collective interests of consumers are an unacceptable distortionof free competition within the EU internal market.5 In contrast,California Code of Civil Procedure Sections 378 and 384, and fed-eral Rule 23, do not articulate any specific linkage between the reme-dies they provide and the enforcement of antitrust law.

Directive 98/27/EC should be thought of as the minimal method-ology whereby a class action procedure exists in all EU membercountries as part of the overall EU program of consumer protectionand antitrust enforcement. On May 11, 2005, this directive wasamended by EU Directive 2005/29/EC, which makes specific refer-ence to “unfair commercial practices” against consumers. Thesedirectives are only 2 of more than 100 important EU enactments onspecific subjects of consumer protection.6

In one form or another, Directive 98/27/EC finds a counterpart inthe national law of all 25 EU member countries and Bulgaria andRomania. Similar laws are found in Norway and Switzerland (whichare not EU members) and in Turkey (which is a candidate for possi-ble EU membership). In each case, the rules may be—and usually are—

supplemented by relevant rules of national civil procedure and localcourt rules.

Directive 98/27/EC cannot be equated with federal Rule 23,except that the directive applies to the entire European Union, justas Rule 23 applies throughout the United States. However, the direc-tive makes no provision for class certification (beyond implying thatthe real parties in interest should be represented by an “authorizedentity”), is silent on the issue of settlements, makes no provision foropt-ins or opt-outs, and does not contemplate proceedings that mayresult in the award of money damages, unless the losing defendantdoes not comply with the court order.

Traditional Joinder of Parties

All European countries have a procedure whereby one or more plain-tiffs may be joined as parties in the same litigation. If these procedureswere flexible enough to accomplish the objectives of a class action,there might be no need for further legislation. However, this is nottypically the case. In a number of countries, the language of thejoinder statute is theoretically broad enough to accommodate a classaction, at the reasonable discretion of the presiding judge (for exam-ple, when the joinder statute is worded roughly as broadly asCalifornia Code of Civil Procedure Section 378). Under the right facts,such a statute might be enough to support a group proceeding in thosecountries.

On the other hand, it does not appear that even the most liber-ally worded of these statutes has been implemented in a fashion thatwould support a U.S.-type class action (i.e., numerous parties suingin their own names and eligible to receive an award of money dam-ages and other relief). In some cases, a lack of broadly permissive join-der in Europe may be due less to issues of legal interpretation thanto the fact that consumers’ and plaintiffs’ lawyers are only slowlybecoming aware of the available possibilities.

A number of European Union member countries seem currentlysatisfied with their existing national multiparty plaintiff legislation.They have, however, gone farther than merely to implement EUDirective 98/27/EC or merely to allow lawyers and courts to invokemore liberal applications of the existing national statutes on permissivejoinder. Nations in this category include:• Austria. The most relevant law is the Consumer Protection Law(Konsumentenschutzgesetz), Articles 28 and 29 (Jurisdictional Rules),and Article 55(4) (basic criteria for multiparty litigation).• Czech Republic. No class actions are allowed per se, but there areopportunities for joint actions by participating plaintiffs pursuant toArticles 91(1) and 93 of the Code of Civil Procedure; Article 54(1)of the Commercial Code, Act No. 513 of 1991, as variously amended;Article 25(2) of the Consumer Protection Act; and Article 35 of theCode of Civil Procedure. Under Commercial Code Article 54, an asso-ciation of consumers or a legal entity that is authorized to protect theinterests of consumers may bring an action based on consumer pro-tection law. Under Article 35 of the Code of Civil Procedure, certainlimited categories of proceedings can be initiated in the public inter-est by the public prosecutor.• Germany. Under the the German Code of Civil Procedure(Zivilprozessordnung), joinder is generally limited to a small numberof parties. There are, however, limited forms of “group actions”(under certain environmental statutes), with an association representingnumerous aggrieved parties as group plaintiff—for example, underArticle 61 of the Federal Environmental Protection Law (Bundes-naturschutzgesetz), and under similar statutes in the local laws of thestates (Länder) of Berlin, Brandenburg, Bremen, Hessen, Hamburg,and Sachsen-Anhalt. Such group proceedings are also envisagedunder the federal Unfair Competition Law (Gesetz gegen denunlauteren Wettbewerb), the Act on Restraining Orders regardingConsumer Rights and other Offenses (Gesetz über Unterlassungsklagen

34 Los Angeles Lawyer November 2006

Los Angeles Lawyer November 2006 35

bei Verbraucherrechts- und anderen Verstößen), and under the recentAct of 16 August 2005 on the Initiation of Model Case Proceedingsin Respect of Investors in the Capital Markets (Gesetz zur Einführungvon Kapitalanleger-Musterverfahren vom 16. August 2005), in effectsince November 1, 2005. This last act bears special watching sinceit is very detailed and is a carefully thought out mix, standing some-where between U.S.-style class actions and the more traditionalGerman and European models. Thus, it may provide a basis forsimilar laws in other European countries as well as become a modelfor other types of causes of action. The act itself applies only to cer-tain disputes under the German Capital Markets Law and does notapply, for example, to product liability claims.• Hungary. The relevant law is Act No. CLV of 1997 on ConsumerProtection (1997. Évi CLV. Törvény a Fogyasztóvédelemrõl). TheBureau of Consumer Affairs, organizations representing consumerinterests, the public prosecutor, and in specific cases, the StateFinancial Institutions Commission may pursue litigation against anyparty causing substantial harm to a wide range of consumers by ille-gal activities, even if the identity of the injured consumers cannot beestablished. This does not affect the individual right of consumers toenforce their own claims by a civil lawsuit.• Netherlands. Of potential wide-ranging significance is the recent Acton Collective Settlements (Wet collectieve afwikkeling massaschade),under which multiple plaintiffs may agree to settle their cases on col-lective terms. There have already been two major cases broughtunder this new law. One of them, generally known in Holland as theDES case, which settled recently with court approval,7 involved theclaims of about 15,000 plaintiffs against several pharmaceuticalcompanies (including Bayer and Merck) and insurance companies. Atissue in the cases was whether the synthetic hormone drug diethyl-stilbestrol (DES), prescribed in Holland from about 1947 to 1976 toprevent miscarriages or premature deliveries during pregnancy, alsocarried risks of causing cancer. The other Dutch case, known gener-ally as the Dexia case, involves the claims of about 400,000 consumersagainst Dexia Bank Nederland, potentially arising out of financial leas-ing and securities transactions recommended by the bank or its pre-decessor in interest. That case is still pending.• Spain. In addition to existing national legislation, Spain has aggres-sively enforced Directive 98/27/EC. Section 7.3 of the Act for theReorganization of the Judiciary8 provided that consumer associationswere entitled to bring an action (but not an application for an injunc-tion) in pursuit of their collective interests. In the 1980s this led totwo significant instances of collective action, one of which related to

the food poisoning of thousands of consumers and the other toflooding in Tous (Valencia) brought about by the collapse of a dam.Since the implementation of Directive 98/27/EC into Spanish law, therehave been some notable cases of class actions seeking injunctiverelief. The Provincial Court of Appeal of Madrid, in a judgmentdated September 8, 2005, approved a class action relating to the priceof parking spaces, depending on the time of parking. The same courthas also issued a judgment against certain unfair terms in bank loancontracts.

U.S.-Style Class Actions

Several European countries have class action procedures that moreclosely resemble those in the United States. Nations in this groupinclude:• Sweden. The Group Proceedings Act9 is the statute with the great-est similarity to federal Rule 23, but even it does not have the pro-cedural detail afforded by Rules 1850-1861 of the California Rulesof Court. To date, there seem to have been only six cases filed underthe Swedish statute, one of which has been reported. The text of thatcase can be found (in Swedish only) at the Web site of the Court ofAppeal for Western Sweden.10 It was a class action against NCC(Construction Sweden) AB, brought directly by the aggrieved plain-tiffs, rather than by an ombudsman or association.• United Kingdom (England and Wales). Joinder of parties with thesame claim11 and “representative actions”12 have long been possiblein the United Kingdom but are relatively uncommon. However, sincethe introduction of the Group Litigation Orders in 2000, it has beenpossible for numerous claimants to pursue a group litigation actionwhen there are common or closely related issues of fact and lawinvolved. Group litigation orders are subject to procedural rules andsupervision by the court, much as in California. These rules includeguidance on issues such as what particulars must be included in theclaims, how future claims are to be dealt with, how documents areto be disclosed among the parties, and the scope and binding effectof judgments.13 Within this general framework, the court has widediscretion to manage group actions effectively. Typically, there willbe one or more test cases that will resolve issues in the group action,but the law has an opt-in process so that the judgment will only bindthe claimants disclosed in the GLO register.

Prior to the introduction of GLOs in 2000, English courts haddeveloped ad hoc procedures to deal with multiparty actions. In the1980s and 1990s, for example, a large number of group actions inEngland involving the pharmaceutical industry were funded by legal

aid. Nearly all these cases collapsed beforetrial, and there was an outcry at the millionsof pounds of public funds that had beenwasted. As a consequence, the legal aid bud-get was drastically cut, although some pub-lic funding may still be available for multi-party actions when there is sufficient publicinterest. Legal aid was largely replaced by“Conditional Fee Agreements” (CFAs), underwhich the lawyer charges no fee if the casefails but is entitled to a bonus (“uplift”) of upto 100 percent of standard fees, based onthe hours worked, if the case succeeds. Todate, CFAs have proved a less attractivemodel for claimant lawyers in complex or dif-ficult cases, with two claimant law firmsincurring losses running to several millionpounds following the collapse of the onlytobacco group action brought in England.The reduction in the availability of legal aidhas also led to a drop in pharmaceuticalindustry actions. Indeed, since 2000, therehave been only about 50 GLOs initiated inEngland.

On the Back Burner

A number of European countries haverecently conducted detailed studies onwhether to introduce some form of classaction into their legal systems, one that wouldgo beyond what is provided by existing leg-islation, either under expanded concepts ofpermissive joinder or under national statutesinfluenced by EU Directive 98/27/EC.• Denmark, Finland, and Norway. Eachnation has recently completed an extensivestudy into the matter of possible class actionremedies. A proposed class action law ispending in Norway. This bill is expected tobe enacted and to go into effect some timebetween July 2007 and January 2008.14

• France. The Action Report of December 16,2005, and the Information Report of March14, 2006, essentially disfavor the introductionof class actions in France. However, asrecently as last spring, a proposed law wasintroduced in the French National Assemblyand in the French Senate regarding “collec-tive claims.” The act would establish a two-part procedure: a class certification stage,with an opt-in mechanism, followed by a lia-bility and damages stage. Even more recently,in July 2006, the French governmentannounced details of a draft law whose pur-pose is to allow qualified consumers’ associ-ations to bring lawsuits for a variety of trans-actions involving consumer goods and services(including certain areas of insurance andbanking) in cases in which the individualconsumers’ damages do not exceed 2,000Euros each. A preliminary phase would estab-lish liability, after which the defendants wouldhave to offer a compensation proposal. Eachconsumer would have the right to accept the

proposal or to refuse it. In the latter case, theconsumer would have the right to mount amoney damages claim before the appropriatecourt. The French federation of employers,which argues that this law would have a“heavy economic impact” upon its members,and various French consumers’ associations,which consider the damages phase to be inad-equate protection for consumers, oppose thecurrent text of the government’s bill.Ireland. The Irish Law Reform Commission’sReport on Multi-Party Litigation15 is adetailed analysis and discussion that recom-mends an MPA procedure that would oper-ate on an opt-in system in which individuallitigants will be included in the group onlywhen they agree to join the group action.Italy. Various class action legislation has beenproposed, such as Senate Bill 3058, which hasbeen pending since July 2004. The mostrecently proposed Italian class action legis-lation is Senate Bill 679, introduced on June26, 2006.

Potential EU Legislation

The uncertain state of class action law inEurope leaves many questions unanswered.For example, to what extent and by whatmeans can plaintiffs from more than oneEuropean country pursue a remedy in a sin-gle country (multijurisdictional certification)?To what extent can proceedings against adefendant in more than one country result inwidely divergent or inconsistent results? Towhat extent can a defendant achieve resolu-tion of all national claims against it in oneproceeding (preferably in a jurisdiction of itsown choosing)? To what extent is an injunc-tion (or money judgment) rendered in onecountry enforceable in another? To whatextent can plaintiffs receive government legalaid to pursue class action proceedings? Towhat extent may modifications to the normalburden of proof rules play a role in classaction litigation?

The answers to all these questions couldbe influenced by any policy shift at the EUlevel. For example, EU Directive 97/80/ECshifts the burden of proof to employers in sexdiscrimination employment cases, which mayprovide a model for the EU to create addi-tional, generalized procedural advantages forthe benefit of consumer plaintiffs, withoutactually adopting a class action procedure, perse. EU Regulation 1348/2000 makes it easierto effectuate cross-border service of litiga-tion and other documents. EU Regulation44/2001 expands the scope and practicalvalue of money judgments beyond the specificjurisdiction in which they have been awarded.And EU Directive 2002/8/EC sets minimumstandards for legal aid in cross-border disputesinvolving consumers. This may be seen as aEuropean model offering consumer plain-

36 Los Angeles Lawyer November 2006

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Average No. Copies Each Issue During Preced-ing 12 months. Column 2: Number Copies of Single Issue Nearest to Filing Date.)

a. Total Number of Copies(Net Press Run)

b. Paid and/or Requested Circulation(1) Paid/Requested Outside-County

Mail Subscriptions stated on Form 3541

(2) Paid In-CountySubscriptions stated on Form 3541

(3) Sales through Dealers andCarriers, Street Vendors,and Counter Sales)

(4) Other Classes Mailed Throughthe USPS

c. Total Paid and/or RequestedCirculation

d. Free Distribution by Maile. Free Distribution Outside

the Mailf. Total Free Distributiong. Total Distributionh. Copies Not Distributedi. Totalj. Percent Paid and/or

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Column 1

24,000

22,666

0

0

135

22,801130

0130

22,9311,069

24,00099%

Column 2

24,174

22,851

0

0

135

22,986142

0142

23,1281,046

24,17499%

tiffs some of the advantages of U.S. contin-gency fee arrangements, at governmentexpense, but without violating existingnational rules, which usually prohibit such feeagreements.

A recent EU proposed regulation (theRome II Proposed Regulation)16 providesguidance on conflict of laws and other issuesaffecting noncontractual obligations, andanother proposed regulation (the Rome IProposed Regulation)17 provides guidanceon forum shopping and conflict of laws issuesconcerning contractual obligations. If adoptedas drafted, these regulations might move thecross-border litigation landscape all across theEU into territory considerably more like inter-state litigation in the United States.

Also of considerable potential significanceis the EU Green Paper on Damages Actionsfor Breach of EC Antitrust Rules18 which,pursuant to the EU’s “Lisbon Policy,” suggeststhat “collective actions” may be an improvedand desirable way of protecting consumersharmed by breaches of antitrust law and ofcoupling public and private enforcement ofthose laws. It specifically suggests a twofolddamages model, in which damages awardedto the plaintiff consumers’ associations couldbe calculated based upon the illegal gains ofthe defendant, and the damages awarded tothe individual consumers (as members of theplaintiff association) could be calculated on thebasis of the individual damages that eachmember suffered.

The Green Paper also suggests punitive(double) damages for horizontal cartels, opensup the possibility that the plaintiffs’ burdenof proof in antitrust damages cases could bealleviated, suggests various ways that accessby private party plaintiffs to evidence mightbe enhanced, opens up the possibility thatunder certain circumstances the statutorylimitations periods could be tolled, and pro-poses that the applicable law, venue, andmeasure of damages be in accordance withArticle 5 of the Rome II Proposed Regula-tion—namely, calculated according to thelaw of the forum in which the damage hasoccurred.

The Green Paper, if adopted into law in itsmost radical form, could substantially alterthe landscape for some private enforcementof EU antitrust laws. Although Europe has noErie doctrine as such, the assortment ofoptions in the Green Paper offers some fas-cinating glimpses into what the future mayhold for the interplay between “federal” pro-cedural law and “state” substantive law inEurope. For example, the Green Paper mayherald a model through which the EU stan-dardizes many of the procedural and access-to-justice rules, but the member countriesretain a degree of local autonomy regardingsuch substantive issues as the quantum of

Los Angeles Lawyer November 2006 37

damages. It may also herald applications ofthe model into consumer relief areas wellbeyond the field of antitrust, as has been theexperience with Directive 98/27/EC.

It is not possible, at this stage, to predictwhether the proposed regulations, let alone thevarious measures suggested and discussed in theGreen Paper, will be adopted and, if so, when.It is also far too early to assess how specificstrategic issues not addressed by those pro-posals, such as predispute contractual waiverof class action remedies, might be resolved inEurope.

All these issues are complex and contro-versial enough, taken individually. However,they also are likely to tie in with other leg-islative programs that are considerably higheron the EU’s political agenda, such as the pro-posed REACH legislation,19 which will beadopted and which will cause a vast changethroughout the chemical industry, affectingvirtually all products that contain chemicals.

Meanwhile, it is clear that the class actionphenomenon in Europe currently exhibitsfew similarities with the class actions knownto U.S. attorneys, which have resulted inthousands of cases and money judgmentstotalling billions of dollars. The subject bearsattentive watching in Europe, nonetheless;the landscape can change quickly and inunpredictable ways. For instance, some rel-atively small looking changes in certainEuropean rules of evidence (burden of proof)or changes in rules limiting (or utterly pro-hibiting) European lawyers from conductinglitigation on a contingency fee basis, or somecombination of options derived from theGreen Paper, could result in seismic changesat the class action level.

Predicting what may ultimately lie in storefor class actions in Europe is fraught with dif-ficulty and uncertainty. U.S. attorneys are atleast accustomed to bills proceeding throughthe legislative process in a fairly linear fash-ion, with reasonably predictable proceduresand milestones, and have come to expectthat legislation that is not enacted by thecurrent legislature will not silently roll overagain and again into successive legislativesessions and cycles. The EU system works dif-ferently, and the elected EU Parliament andthe unelected European Commission (both ofwhich act in a legislative capacity) cannotbe equated with any U.S. federal or stateanalogue. EU legislative proposals can springinto life quite suddenly, or they can languishfor years and then suddenly be enacted.

What can be reasonably predicted inEurope is that if class actions are ever to gainmomentum it is likely that they will addressspecific legal subjects, such as capital markets.Whereas the U.S. approach is predominantlyprocedural (virtually any substantive claimsmight fit the procedural forms), the Con-

38 Los Angeles Lawyer November 2006

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tinental European approach seems to favor amixed focus, more weighted toward a busi-ness sector or legal subject matter or type ofplaintiff group (e.g. “consumer associations”)that focuses on a particular subject matter andmay tend to narrow the plaintiffs’ availablelegal theories for recovery. Thus, substantiveclaims will tend to be isolated (by business sec-tor, subject matter, or plaintiff group) and onlythose claims will be given preferential avenuesof judicial redress, via specific preferentialprocedural forms. While this may be the gen-eral trend, some European nations havealready enacted or proposed legislation thatmay continue down a path toward U.S.-styleclass action litigation. ■

1 [E]en rechtsvordering…die strekt tot beschermingvan gelijksoortige belangen van andere personen.BURGERLIJK WETBOEK [CIVIL CODE] art. 3:305a(1).2 Council Directive 98/27/EC (1998).3 Council Directive 98/27/EC, art. 3 (1998) defines“entities qualified to bring an action” as follows:

For the purposes of this Directive, a “qualifiedentity” means any body or organization which,being properly constituted according to the law ofa Member State, has a legitimate interest in ensur-ing that the provisions referred to in Article 1 arecomplied with, in particular:(a) one or more independent public bodies, specif-ically responsible for protecting the interests referredto in Article 1, in Member States in which such bod-ies exist and/or(b) organizations whose purpose is to protect theinterests referred to in Article 1, in accordancewith the criteria laid down by their national law.

4 Council Directive 98/27/EC, art. 2(1)(c) (1998).5 Council Directive 98/27/EC, preamble 4 (1998).6 See further COM(03)356 final (COD) and GreenPaper on EU Consumer Protection, COM(01)531. Seealso, Cooperation between National AuthoritiesResponsible for the Enforcement of ConsumerProtection Laws, Council Regulation 2006/2004 (Oct.27, 2004).7 Gerechtshof te Amsterdam (Court of Appeal,Amsterdam, Case No. R05/1743) (settlement approvedJune 1, 2006).8 Ley Orgánica 6/1985, de 6 de Julio, del Poder Judicial.9 Lag (2002:599) om grupprättegång (SFS 2002:599).10 Hovrätten för Västra Sverige (Reference RH 2005:20(Ö-3408/04), available at http://www.vastrahovratten.domstol.se/.11 CIVIL PROCEDURE RULES (U.K.) Pt. 19, R. 19.12 Competition Act, Section 47B.13 See CIV. PROC. RULES (U.K.) Pts. 19.3, 19.6-19.9 and19.10-19.15.14 Draft class action bill (Lov om mekling og rettergangi sivile tvister (tvisteloven)), Ch. 35-1 to 35-15(Gruppesøksmål).15 Irish Law Reform Commission, LRC-76-2005 (Sept.2005). This report follows up on the Irish Law ReformCommission Consultation Paper, LRC CP 25-2003(2003).16 COM(2003)427 final (COD 2003/168 (July 22,2003)).17 COM(2005)650 final (COD 2005/261 (Dec. 15,2005)).18 Damages Actions for Breach of EC Antitrust Rules,COM(2005)672 (Dec. 19, 2005).19 REACH (Registration, Evaluation and Authorisationof CHemicals), is a proposed EU Regulation expectedto go into effect in April 2007. Its first reading in theEuropean Parliament took place on Nov. 17, 2005.

Los Angeles Lawyer November 2006 39

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A R TECH FORENSIC EXPERTS, INC.18075 Ventura Boulevard, Suite 209, Encino, CA 91316,(818) 344-2700, fax (818) 344-3777. Engineers: experi-enced, registered, advanced degrees, extensive testi-mony experience. Traffic accidents (all motor vehicletypes, bicycles, pedestrians), collisions, rollovers, skidmarks, visibility, signal phasing, time-motion, low-speedimpact. Industrial and construction accidents: OSHA is-sues. Automotive, industrial, consumer products: brakes,seat belts, forklifts, machinery, tools, protective equip-ment, lawn mowers, heaters, chairs, fixtures, ladders,scaffolds, fasteners. Premises liability: code analysis,stairways, ramps, doors, gates, windows, guardrails,pools, and lighting. Slip-and-fall. Trip-and-fall. Biomechan-ics. Safety. Human factors. See display ad on page 46.

ACCIDENT RECONSTRUCTION SPECIALISTSA Field Test Engineering Company, 4510 Pacific CoastHighway, Suite 200, Long Beach, CA 90804, (800) 675-7667, fax (562) 494-7667, Contact Robert F. Douglas,PE. Auto/Truck/Train/Ped/Bike accidents. WWW.AccidentReconstructionSpecialists.com. Three engineerswith over 35 years of experience. See display ad onpage 44.

ARGOS ENGINEERING44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax(949) 429-5972, e-mail: johndpratt@cox.net. Web site:www.argos-engineering.com. Contact John D. Pratt,PhD, PE. Litigation consulting, testing, inspections, depo-sition, and trial testimony.

INSTITUTE OF RISK & SAFETY ANALYSESKenneth A. Solomon, PhD, Post PhD, Chief Scientist.5324 Canoga Avenue, Woodland Hills, CA 91364, (818)348-1133, fax (818) 348-4484, e-mail: expert@irsa.us.Web site: www.irsa.us. Contact Shelli, Wes, or Jo Ann.Specialized staff of 23; broad range of consulting and ex-pert testimony; 32 years of courtroom experience. Acci-dent reconstruction, biomechanics, human factors, safety,accident prevention, adequacy of warnings, computer an-imation and simulations, construction defects, criminal de-fense, criminal prosecution, premises, product integrity,product liability, product testing, and warnings. Auto, bi-cycle, bus, chair, elevator, escalator, forklift, gate, ladder,machinery, motorcycle, press, recreational equipment,roller coaster, slip/trip and fall, stairs, swimming pool, andtruck. Litigation and claims, educational seminars, de-fense and plaintiff, and mediation and arbitration services.

WILLIAM KUNZMAN, PE1111 Town and Country #34, Orange, CA 92868, (714)973-8383, fax (714) 973-8821, e-mail: mail@traffic-engineer.com. Web site: www.traffic-engineer.com. ContactWilliam Kunzman, PE. Traffic expert witness since 1979,both defense and plaintiff. Auto, pedestrian, bicycle, andmotorcycle accidents. Largest settlement: $2,000,000

solo vehicle accident case against Caltrans. Before be-coming expert witnesses, employed by Los AngelesCounty Road Department, Riverside County Road Depart-ment, City of Irvine, and Federal Highway Administration.Knowledge of governmental agency procedures, design,geometrics, signs, traffic controls, maintenance, andpedestrian protection barriers. Hundreds of cases. Under-graduate work—UCLA; graduate work—Yale University.

MR. TRUCK ACCIDENT INVESTIGATION &RECONSTRUCTIONP.O. Box 398, Brentwood, CA 94513-0398, (800) 337-4994, fax (925) 625-4995, e-mail: william@mrtruckar.com.Contact William M. Jones. Accident analysis and recon-struction. Court-qualified expert witness regarding car vs.car, truck vs. car cases, trucking industry safety, and dri-ver training issues, including Power Point court presenta-tions. See display ad on page 44.

RIMKUS CONSULTING GROUP, INC.2677 North Main Street, Suite 300, Santa Ana, CA 92705,(877) 978-2044, fax (714) 978-2088, e-mail: cjyaworski@rimkus.com. Web site: www.rimkus.com. Contact CurtYaworski. Rimkus Consulting Group is a full-serviceforensic consulting firm. Since 1983, we have provided re-liable investigations, reports, and expert witness testi-mony around the world. Our engineers and consultantsanalyze the facts from origin and cause through extent ofloss. Services: construction defect and dispute analysis,vehicle accident reconstruction, fire cause and origin,property evaluation, mold evaluations, indoor air qualityassessments, biomechanical analysis, product failureanalysis, foundation investigations, industrial accidentsand explosions, water intrusion analysis, geotechnicalevaluations, construction accidents, construction dis-putes, financial analysis and assessments, forensic ac-counting, HVAC analysis, electrical failure analysis, andvideo/graphics computer animation. See display ad onpage 57.

ACCIDENT INSURANCE FRAUD/STAGEDCOLLISIONS

LEONARD J. SHAFFER, JDP.O. Box 570936, Tarzana, CA 91357, (818) 343-7721,fax (818) 996-1527, e-mail: fraudexpert@earthlink.net.Contact Leonard J. Shaffer. Thirty-five years of legal experience in analysis, investigation and trials while em-ployed as a Los Angeles County Deputy District Attorney.Managed more than 100 cases concerning in excess of135 defendants while assigned to the Auto InsuranceFraud Unit. Expert witness for Manning & Marder in casesregarding “whistle blower” lawsuits.

ACCOUNTING

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949)263-8700, fax (949) 263-0770, e-mail: experts

@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner.Nationally recognized banking, finance, insurance, andreal estate consulting group (established 1973). Experi-enced litigation consultants/experts include seniorbankers, lenders, consultants, economists, accountants,insurance underwriters/brokers. Specialties: lending cus-toms, practices, policies, in all types of lending (real es-tate, business/commercial, construction, consumer/credit card), banking operations/administration, trusts andinvestments, economic analysis and valuations/damages assessment, insurance claims, coverages andbad faith, real estate brokerage, appraisal, escrow, andconstruction defects/disputes, and title insurance.

BALLENGER, CLEVELAND & ISSA, LLC10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA90024, (310) 873-1717, fax (310) 873-6600. ContactBruce W. Ballenger, CPA, executive managing direc-tor. Services available: assist counsel in determiningoverall strategy. Help evaluate depositions and evidence.Provide well-prepared, well-documented, and persuasivein-court testimony regarding complicated accounting, financial, and business valuation matters, fairness of inter-est rates, feasibility of reorganization plans, fraudulentconveyances, bankruptcies, mergers and acquisitions,and management misfeasance/malfeasance. More than100 open-court testimonies, federal and state, civil andcriminal. See display ad on page 63.

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

CORNERSTONE RESEARCH515 South Flower Street, Suite 2900, Los Angeles, CA90071, (213) 553-2500, fax (213) 553-2699, e-mail:gstrong@cornerstone.com. Web site: www.cornerstone

40 Los Angeles Lawyer November 2006

Semiannual Guide toExpert Witnesses

The LOS ANGELES LAWYER

.com. Contact George G. Strong, Jr. Cornerstone Re-search provides attorneys with expert testimony and eco-nomic and financial analyses in all phases of commerciallitigation. We work with faculty and industry experts in adistinctive partnership that combines the strengths of thebusiness and academic worlds. Our areas of expertise in-clude identifying and supporting expert witnesses inintellectual property, antitrust, securities, entertainment,real estate, financial institutions, and general businesslitigation.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com.Contact David Nolte. Our professionals are experiencedCPAs, MBAs, ASAs, CFAs, affiliated professors, and in-dustry specialists. Our analysis and research combinedwith unique presentation techniques have resulted in anunequaled record of successful court cases and client recoveries. Our expertise encompasses damages analy-sis, lost profit studies, business and intangible asset valu-ations, appraisals, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, computer forensics, electronic discovery,and analysis of computerized data. Degrees/licenses:CPAs, CFAs, ASAs, PhDs and MBAs in accounting, finance, economics, and related subjects. See display ad on page 2.

GLENN M. GELMAN & ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS1940 East 17th Street, Santa Ana, CA 92705, (714) 667-2600, fax (714) 667-2636. Web site: www.gmgcpa.com.Contact Glenn Gelman. Expert witness testimony, strat-egy development, document discovery, deposition assis-tance, computation of damages, arbitration consulting,forensic accounting, investigative auditing, rebuttal testi-mony, fiduciary accountings, and trial exhibit preparation.

JAMES E. GILL, CPA, LLP18321 Ventura Boulevard, Suite 711, Tarzana, CA 91356,(818) 609-1199, fax (818) 609-0330, e-mail: jimgill@jgillcpa.com. Web site: www.jgillcpa.com. Contact JimGill. Over 25 years experience as an expert witness.Forensic accounting, securities fraud, insurance fraud,partnership disputes, corporate disputes, marital dissolu-tions, business valuations, estate valuations, all types ofeconomic damage calculations, and tax and fraud investigations.

GURSEY, SCHNEIDER & CO., LLP10351 Santa Monica Boulevard, Suite 300, Los Angeles,CA 90025, (310) 552-0960, fax (310) 557-3468, e-mail:rpurzcki@gursey.com or rburnett@gursey.com. Web site:www.gursey.com. Contact Roseanna Purzycki or RoryBurnett. Forensic accounting and litigation support ser-vices in the areas of marital dissolution, civil litigation,business valuation and appraisal, goodwill, business dis-putes, malpractice, tax matters, bankruptcy, damage andcost-profit assessments, insurance claims, court account-ing, tracing, and entertainment industry litigation. See dis-play ad on page 49.

HARGRAVE & HARGRAVE520 Broadway, Suite 680, Santa Monica, CA 90401, (310)576-1090, fax (310) 576-1080, e-mail: terry@taxwizard.com. Web site: www.taxwizard.com. Contact Terry M.Hargrave, CPA/ABV, CFE. Litigation services for familylaw and civil cases. Past chair of California Society ofCPAs’ Family Law Section, business valuation instructorfor California CPA Foundation and AICPA. Services in-clude business valuations, income available for support,tracing separate property, litigation consulting, real estatelitigation, mediation, fraud investigations, damage calcu-lation, and other forensic accounting work.

Los Angeles Lawyer November 2006 41

Waronzof A s s oc iates , Inc orporated12200 W. Olympic B lvd., S uite 480Los Angeles , C A 90064

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KROLL777 South Figueroa Street, Suite 2400, Los Angeles, CA90017, (213) 443-6090, fax (213) 443-6054. Contact TroyDahlberg, CPA/ABV, tdahlberg@kroll.com, ChristianTregillis, CPA/ABV, ctregillis@kroll.com or Douglas Farrow, CPA/CFE, dfarrow@kroll.com. Investigations,economic damages and valuation firm with offices acrossthe country and around the globe. Specialties include ac-counting, financial, economic and statistical analysis, aswell as computer forensics, in the context of commerciallitigation and forensic investigations; accounting/fraud, se-curities, intellectual property (including damages analy-ses, licensing and valuation), breach of contract, lost prof-its, royalty audits, corporate governance, business valua-tion, real estate, construction, and bankruptcy. Practition-ers include former partners at Big Four accounting firms,law enforcement/FBI, computer forensics, and appraisers.See display ad on page 63.

KRYCLER, ERVIN, TAUBMAN, & WALHEIM15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA91403, (818) 995-1040, fax (818) 995-4124. Web site:www.info@ketw.com. Contact Michael J. Krycler. Litiga-tion support, including forensic accounting, business ap-praisals, family law accounting, business and professionalvaluations, damages, fraud investigations, and lost earn-ings. Krycler, Ervin, Taubman & Walheim is a full-serviceaccounting firm serving the legal community for more than20 years. See display ad on page 59.

DIANA G. LESGART, CPA, CFE AN ACCOUNTANCY CORP.22024 Lassen Street, Suite 106, Chatsworth, CA 91311,(818) 886-7140, fax (818) 886-7146, e-mail: Lesgart3@msn.com. Contact Diana G. Lesgart, CPA, CFE,FCPA. Specialized accounting and litigation support ser-vices in the areas of family law litigation, tracing of assets,pension plan tracing, forensic accounting, business valu-ation, goodwill, expert testimony, commercial litigation,fraud investigations, economic damages, and real estatelitigation. Over 22 years of accounting experience with 18years litigation support specialization. Assigned as §730accounting expert. Ms. Lesgart’s profile can be found atwww.jurispro.com. using “Lesgart” under Search byName. Expert is fully English/Spanish bilingual.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site address: www.sphvalue.com. Contact Nevin Sanli orTom Pastore. Sanli Pastore & Hill, Inc. is a premierprovider of business valuation and valuation advisory ser-vices, specializing in litigation support and expert witnesstestimony. Services include valuations for goodwill loss,estate and gift tax planning (family limited partnerships),lost profit analysis, mergers and acquisitions, goodwill im-pairment, fairness and solvency opinions, ESOPs, incen-tive stock options, capital raises, corporate, partnership,and marital dissolutions. Comprehensive economic, in-dustry, and market research. Extensive experience in ex-pert witness testimony, pretrial preparation, and settle-ment negotiations. See display ad on page 44.

SCHULZE HAYNES LOEVENGUTH & CO.660 South Figueroa Street, Suite 1280, Los Angeles, CA 90017, (213) 627-8280, fax (213) 627-8301, e-mail:kschulze@schulzehaynes.com. Web site: www.schulzehaynes.com. Contact Karl J. Schulze, principal.Specialties: forensic business analysis and accounting,lost profits, economic damages, expert testimony, discov-ery assistance, business valuations, construction claims,corporate recovery, financial analysis and modeling,major professional organizations, and have experienceacross a broad spectrum of industries and business is-sues. Degrees/licenses: CPA; CVA; CFE; ABV; PhD-eco-nomics.

STONEFIELD JOSEPHSON Valuation, Litigation and Forensic Services Group. 2049Century Park East, Suite 400, Los Angeles, CA 90067.(310) 453-9400. Web site: www.sjaccounting.com.Contact Jeff Sumpter or Stefano Vranca, directors oflitigation support and forensic services, or MarkStepka, director of business valuation services. TheStonefield Josephson Valuation, Litigation and ForensicServices Group serves business leaders, attorneys, andother professionals with business valuation, litigation sup-port, and forensic accounting services. StonefieldJosephson serves public and privately held clientsthroughout the United States and internationally from fourCalifornia locations: Los Angeles, Orange County, SanFrancisco, and East Bay. See display ad on page 11.

THOMAS NECHES & COMPANY LLP520 South Grand Avenue, Suite 350, Los Angeles, CA90071-2662, (213) 624-8150, fax (213) 624-8152, e-mail:tom@thomasneches.com. Web site: www.thomasneches.com. Contact Thomas M. Neches, CPA, ABV, CVA,CFE. Accounting, financial, business valuation, and statis-tical analyses to assist attorneys in litigation. Expert testi-mony in state and federal courts. Cases: Antitrust, breachof contract, fraud, intellectual property, lost businessvalue, lost profits, wrongful death, and wrongful termina-tion. Industries: banking, construction, entertainment, in-surance, manufacturing, retail, securities, and wholesale.Credentials: certified public accountant/accredited inbusiness valuation, certified valuation analyst, certifiedfraud examiner. Education: BA (Mathematics) UC SanDiego, MS (Operations Research) UCLA. Teaching: Ad-junct Professor, Loyola Law School. See display ad onpage 45.

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf.Expert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS auditdefense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

ZIVETZ, SCHWARTZ & SALTSMAN, CPAS11900 West Olympic Boulevard, Suite 650, Los Angeles,CA 90064-1151, (310) 826-1040, fax (310) 826-1065.Web site: www.zsscpa.com. Contact Lester J.Schwartz, CPA, DABFE, DABFA, Michael D. Saltsman,CPA, MBA, David L. Bass, CPA, David Dichner, CPA,ABV, CVA, Sandy Green, CPA, Barry A. Snell, CPA,MST or Dmitriy Pinus, CPA. Accounting experts in foren-sic accounting, tax issues, business valuations, and ap-praisals, marital dissolutions, eminent domain, insurancelosses, business interruption, goodwill, economic analy-sis, investigative auditing, loss of earning, commercialdamages, and lost profits. Expert witness testimonypreparation, and settlement negotiations and consulta-tions. See display ad on page 41.

ADA/DISABILITY DISCRIMINATION

BIDDLE CONSULTING GROUP, INC.193 Blue Ravine Road, Suite 270, Folsom, CA 95630,(916) 294-4250, fax (916) 294-4255, e-mail: staff@biddle.com. Web site: www.biddle.com. Contact Dan Biddle,PhD, president. We specialize in compensation analysis,test development, EEO/AA reviews, validation studies(content, criterion-related), and adverse impact analyses.We have a special emphasis in the protective servicefields. Over 30 staff. Degrees/licenses: MA, PhD, otherstaff with various degrees.

HAIGHT CONSULTING1726 Palisades Drive, Pacific Palisades, CA 90272, (310)454-2988, fax (310) 454-4516. Contact Marcia Haight,SPHR. Human resources expert knowledgeable in bothfederal and California law. Twenty-five years’ corporatehuman resources management experience plus over 16years as a Human Resources Compliance Consultant inCalifornia. Specializations include sexual harassment,ADA/disability discrimination, other Title VII and FEHA dis-crimination and harassment, retaliation, FMLA/CFRA,safety, and wrongful termination. Courtroom testimonyand deposition experience. Retained 60 percent by de-fense, 40 percent by plaintiff. Audit employer’s actions inpreventing and resolving discrimination, harassment, andretaliation issues. Assess human resources policies andpractices for soundness, for comparison to prevailingpractices, and for compliance. Evaluate employer respon-siveness to complaints and effectiveness of employer in-vestigations. Assist counsel via preliminary case analysis,discovery strategy, examination of documents, and experttestimony.

HRM CONSULTING, INC.P.O. Box 1786, Murphys, CA 95247, (209) 728-8905, fax(209) 728-8970, e-mail: hrm@hrmconsulting.com. Website: www.hrmconsulting.com. Contact Beth BrascugliHirsch, MBA, SPHR. Ms. Hirsch’s experience includesworking on employment and vocational rehabilitation mat-ters from both the employee and employer perspective.Her expertise is utilized in ADA/FMLA, FMLA/CFRA,wrongful termination, and sexual harassment cases. Weprovide litigation support, expert testimony, and investiga-tions, and specialize in helping companies implementstrategies to comply with the complicated realm of per-sonnel management regulations. Ms. Hirsch is nationallycertified as a SPHR and sits on the International Employ-ment Health, Safety and Security Panel.

ANESTHESIOLOGY/PAIN MANAGEMENT

SHLOMO ELSPAS MD1200 North State Street, Suite 14901, Los Angeles, CA90033, (323) 226-4597, e-mail: selspas@aol.com. Contact Shlomo Elspas, MD. Education: MIT, Harvard,UCLA. Specialties: clinical assistant professor of Anesthe-siology at USC-Keck School of Medicine. Board certifiedin anesthesiology, with fellowships in pediatric and obstet-ric anesthesiology, and pain management. Regional,nerve block, hypotensive, transfusion-free, and safety inanesthesia. Consultation and expert witness for plaintiffand defense.

APPRAISAL & VALUATION

BTI APPRAISAL605 West Olympic Boulevard, Suite 820, Los Angeles, CA90015, (213) 532-3800, fax (213) 532-3807, e-mail:ben@btiappraisal.com. Web site: www.btiappraisal.com.Contact Ben F. Tunnell III, Chairman. BTI Appraisal hasbeen providing litigation and appraisal services, both na-tionally and internationally, since 1974 in the areas of realestate, machinery and equipment, and business valua-tion. Well-written and documented reports reduce litiga-tion costs and speed dispute resolution. Our work haspassed the most rigorous scrutiny of the IRS, the SEC,government condemning agencies, and the state and

42 Los Angeles Lawyer November 2006

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FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com.Contact David Nolte. Our professionals are experiencedCPAs, MBAs, ASAs, CFAs, affiliated professors, and in-dustry specialists. Our analysis and research combinedwith unique presentation techniques have resulted in anunequaled record of successful court cases and client re-coveries. Our expertise encompasses damages analysis,lost profit studies, business and intangible asset valua-tions, appraisals, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, computer forensics, electronic discovery,and analysis of computerized data. Degrees/licenses:CPAs, CFAs, ASAs, PhDs and MBAs in accounting, fi-nance, economics, and related subjects. See display adon page 2.

HARGRAVE & HARGRAVE520 Broadway, Suite 680, Santa Monica, CA 90401, (310)576-1090, fax (310) 576-1080, e-mail: terry@taxwizard.com. Web site: www.taxwizard.com. Contact Terry M.Hargrave, CPA/ABV, CFE. Litigation services for familylaw and civil cases. Past chair of California Society ofCPAs’ Family Law Section, business valuation instructorfor California CPA Foundation and AICPA. Services in-clude business valuations, income available for support,tracing separate property, litigation consulting, real estatelitigation, mediation, fraud investigations, damage calcu-lation, and other forensic accounting work.

HIGGINS, MARCUS & LOVETT, INC.800 South Figueroa Street, Suite 710, Los Angeles, CA90017, e-mail: info@hmlinc.com. Web site: www.hmlinc.com. Contact Mark C. Higgins, ASA, president. Thefirm has over 25 years of litigation support and expert tes-timony experience in matters involving business valuation,economic damages, intellectual property, loss of businessgoodwill, and lost profits. Areas of practice include busi-ness disputes, eminent domain, bankruptcy, and corpo-rate and marital dissolution. See display ad on page 47.

KRYCLER, ERVIN, TAUBMAN, & WALHEIM15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA91403, (818) 995-1040, fax (818) 995-4124. Web site:www.info@ketw.com. Contact Michael J. Krycler. Litiga-tion support, including forensic accounting, business ap-praisals, family law accounting, business and professionalvaluations, damages, fraud investigations, and lost earn-ings. Krycler, Ervin, Taubman & Walheim is a full-serviceaccounting firm serving the legal community for more than20 years. See display ad on page 59.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site address: www.sphvalue.com. Contact Nevin Sanli orTom Pastore. Sanli Pastore & Hill, Inc. is a premierprovider of business valuation and valuation advisory ser-vices, specializing in litigation support and expert witnesstestimony. Services include valuations for goodwill loss,estate and gift tax planning (family limited partnerships),lost profit analysis, mergers and acquisitions, goodwill im-pairment, fairness and solvency opinions, ESOPs, incen-tive stock options, capital raises, corporate, partnership,and marital dissolutions. Comprehensive economic, in-dustry, and market research. Extensive experience in ex-pert witness testimony, pretrial preparation, and settle-ment negotiations. See display ad on page 44.

RICHARD R. SYLVESTER, JD, PHD(310) 391-2080, fax (310) 827-1166. Valuation expert.Specialist in business value, partial interests, securities

44 Los Angeles Lawyer November 2006

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value, real property, goodwill, and intangible asset value,including patents, trademarks, and copyrights. Valuationfor income tax, estate and gift tax, dissolution of marriage,fairness opinions, solvency opinions, economic damages,wrongful death, and personal injury. For two decades, se-lected by leading trial attorneys and Fortune 500 compa-nies, and listed in Marquis’ Who’s Who in the World andWho’s Who in Finance and Industry. See display ad onpage 59.

WARONZOF ASSOCIATES, INC.12200 West Olympic Boulevard, Suite 480, Los Angeles,C 90064, (310) 954-8060, fax (310) 954-8059. Web site:www.waronzof.com. Contact Timothy R. Lowe, MAI,CRE. Waronzof Associates provides real estate and landuse litigation support services including economic dam-ages, lost profits, financial feasibility, highest and bestuse, property value, enterprise value, partnership interestand closely-held share value, fair compensation, lender li-ability and reorganization plan feasibility. Professionalstaff of six with advanced degrees and training in real es-tate, finance, urban planning and accounting. See dis-play ad on page 41.

ARBITRATION/MEDIATION—CONSTRUCTION

COMA CONSULTANTS, INC.2220 Waterfront Drive, Corona Del Mar, CA 92625, (949) 673-7273, cell (949) 624-4385, fax (949) 673-2104,e-mail: dgfcoma@hotmail.com. Contact D. Gordon Follett, Principal/Owner. Sole and panel constructiondispute arbitrator for the American Arbitration Associationsince 1996, certified senior mediator, Orange County Su-perior Court Mediation Program, ADR panel, and Los An-geles Superior Court. Pepperdine and American Arbitra-tion Association trained. Working construction manager

with over 40 years of experience, licensed professionalengineer, and licensed general contractor.

ARCHITECTURAL FORENSICS

SCHWARTZ / ROBERT & ASSOCIATES, INC. 42 Faculty Street, Thousand Oaks, CA 91360, (805) 777-1115, cell (805) 796-9092, fax (805) 777-1172, e-mail:risoakpark@aol.com. Web site: www.schwartzrobert.com.Contact Robert I. Schwartz, AIA. Real property develop-ment procedures & practices, all building types, sizes &phases. Professional evaluation of building design errors& omissions, building code compliance & professionalstandards of practice. Forensic investigation of construc-tion defects. Repair cost estimates. Construction con-tract/subcontract performance—project management ad-ministration & cost accounting, CPM scheduling, cost es-timating, change order administration, quality assurance& building performance. Evaluation of delay claims. Docu-mentation of major property/casualty insurance losses.Excellent litigation support & trial exhibit preparation. Ex-pert witness testimony. Experienced AAA arbitrator & me-diator. Large & complex cases. Member, Dispute Resolu-tion Boards.

AUTOMOTIVE

BARNETT AUTOMOTIVE ENGINEERING3065 Hayes Avenue, Costa Mesa, CA 92626, (714) 444-3224, fax (714) 444-3064, e-mail: greg.barnettengineering@comcast.net. Web site: www.barnettautomotiveengineering.com. Contact Greg Barnett, MSME, ASE. Auto fire, auto theft, mechanical in-spections, body inspections, body shop fraud, brakes,tire failure analysis, oil analysis, machinist, lemon law,subrogation low speed collision, heavy trucks, and com-ponent failure analysis. Hands-on expert.

J. A. “DOC” WATSONP.O. Box 758, Humble, TX 77347, (281) 540-8257, fax(281) 446-5212, e-mail: theautoexpert@aol.com. Web site:www.theautoexpert.com. Contact Doc Watson. Automo-tive business expert, specializing in automotive consumerfraud and deceptive trade, and 40+ years in the autobusiness. Expertise—sales and finance tactics, leasing,diminished value, flood damage, lemon law, mechanicaland body repair, previous damage, trucks, and manufac-turer warranties. Special finance, credit procedures, vehi-cle appraisals, service contracts, life and accident andhealth policies, lender fraud, auto auctions, wholesaling,class action, ethnic issues, personal injury, repossession,rebates, curbstoning, odometers, and salvage issues.Houston based, nationally available.

AVIATION

ARGOS ENGINEERING44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax(949) 429-5972, e-mail: johndpratt@cox.net. Web site:www.argos-engineering.com. Contact John D. Pratt,PhD, PE. Litigation consulting, testing, inspections, depo-sition, and trial testimony.

AVIATION CONSULTING SERVICESP.O. Box 1522, San Carlos, CA 94070, (650) 508-1079,fax (650) 508-9005, e-mail: avconsult@aol.com. Web site:www.avconsult.com. Contact Capt. Robert E. Norris.Expertise: general aviation/airline ground/flight operations,flight crew hiring, training, evaluation, checking, standardof care dictated by FARs and ICAO, review of aircraft ac-cidents attributable to “pilot error,” flight crew employabil-ity/earnings model, and wrongful termination/discrimina-tion. Experience: UAL Captain, Flight Manager, FAACheck Airman, Hughes Aircraft—Engineering Psycholo-gist, owner/operator FAA-141 Flight School/FAA Mainte-

Los Angeles Lawyer November 2006 45

nance Repair Facility, BS, ATP, Typed B-737,757/767,DC8/10, Flight Dispatcher, Author.

CONDOR-AVSEC INC.717 Camino Magnifico, San Marcos, CA 92069, (760)598-5305, fax (760) 295-4562, e-mail: glenwinn@cox.net.Web site: www.condor-avsec.com. Contact Glen Winn.Twenty-nine years of commercial aviation experience.Knowledge of ACSSP, AOSSP, air cargo security, crewhotel security, airport terminal security, passenger secu-rity processing, aircraft security, counter-terrorism securityas it relates to civil aviation, flight kitchen security, hangarsecurity, and travel security. Currently teach aviation se-curity at the University of Southern California. CoauthorProtection, Security, and Safeguards. Named in PeterLance’s book, 1000 Years for Revenge—International Ter-rorism and the FBI. Former special agent US Secret Ser-vice. Review CV @ www.condor-avsec.com. Former Di-rector of Security Northwest Airlines, Western Airlines; For-mer Corp Manager of Security Continental Airlines andUnited Airlines.

BANKING

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612,(949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner.Nationally recognized banking, finance, insurance, andreal estate consulting group (established 1973). Experi-enced litigation consultants/experts include seniorbankers, lenders, consultants, economists, accountants,insurance underwriters/brokers. Specialties: lending cus-toms, practices, policies, in all types of lending (real es-tate, business/commercial, construction, consumer/creditcard), banking operations/administration, trusts and in-vestments, economic analysis and valuations/damagesassessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

ANDELA CONSULTING GROUP, INC.15250 Ventura Boulevard, Suite 610, Sherman Oaks, CA91403, (818) 380-3102, fax (818) 501-5412, e-mail:ttarter@earthlink.net. Contact Thomas A. Tarter, manag-ing director. Former CEO of two banks. Lending, forgery,endorsements, letters of credit, guarantees, lender liabil-ity, checking accounts, credit cards, and bankruptcy. Ex-pert witness, litigation consulting. Expert referral serviceescrow, corporate governance, mortgage banking, andreal estate. Over 500 cases nationally. See display ad onpage 56.

BANKRUPTCY/TAX

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner.Nationally recognized banking, finance, insurance, andreal estate consulting group (established 1973). Experi-enced litigation consultants/experts include seniorbankers, lenders, consultants, economists, accountants,insurance underwriters/brokers. Specialties: lending cus-toms, practices, policies, in all types of lending (real es-tate, business/commercial, construction, consumer/credit card), banking operations/administration, trusts andinvestments, economic analysis and valuations/damages assessment, insurance claims, coverages andbad faith, real estate brokerage, appraisal, escrow, andconstruction defects/disputes, and title insurance.

ANDELA CONSULTING GROUP, INC.15250 Ventura Boulevard, Suite 610, Sherman Oaks, CA91403, (818) 380-3102, fax (818) 501-5412, e-mail: ttarter@earthlink.net. Contact Thomas A. Tarter, managingdirector. Former CEO of two banks. Lending, forgery, en-

dorsements, letters of credit, guarantees, lender liability,checking accounts, credit cards, and bankruptcy. Expertwitness, litigation consulting. Expert referral service es-crow, corporate governance, mortgage banking, and realestate. Over 500 cases nationally. See display ad onpage 56.

BALLENGER, CLEVELAND & ISSA, LLC10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA90024, (310) 873-1717, fax (310) 873-6600. ContactBruce W. Ballenger, CPA, executive managing direc-tor. Services available: assist counsel in determiningoverall strategy. Help evaluate depositions and evidence.Provide well-prepared, well-documented, and persuasivein-court testimony regarding complicated accounting, fi-nancial, and business valuation matters, fairness of inter-est rates, feasibility of reorganization plans, fraudulentconveyances, bankruptcies, mergers and acquisitions,and management misfeasance/malfeasance. More than100 open-court testimonies, federal and state, civil andcriminal. See display ad on page 63.

STONEFIELD JOSEPHSON Valuation, Litigation and Forensic Services Group. 2049Century Park East, Suite 400, Los Angeles, CA 90067.(310) 453-9400. Web site: www.sjaccounting.com.Contact Jeff Sumpter or Stefano Vranca, directors oflitigation support and forensic services, or MarkStepka, director of business valuation services. TheStonefield Josephson Valuation, Litigation and ForensicServices Group serves business leaders, attorneys, andother professionals with business valuation, litigation sup-port, and forensic accounting services. StonefieldJosephson serves public and privately held clientsthroughout the United States and internationally from fourCalifornia locations: Los Angeles, Orange County, SanFrancisco, and East Bay. See display ad on page 11.

BUILDING & FIRE CODES

PFS CORPORATION3637 Motor Avenue, Suite 380, Los Angeles, CA 90034,(310) 559-7287, fax (310) 559-1368, e-mail: rnelson@pfscorporation.com. Web site: www.pfscorporation.com. Contact J. Robert Nelson, PE. Building and firecode expert. Thirty years in code enforcement and con-struction (10 years with ICBO/Uniform Building Code andUniform Fire Code, 5 years with Los Angeles CountyBuilding Department). Civil, structural, and fire protectionengineering.

BUSINESS

ROBERT C. ROSEN300 South Grand Avenue, Suite 2700, Los Angeles, CA90071, (213) 362-1000, fax (213) 362-1001, e-mail:robertrosen@rosen-law.com. Web site: www.rosen-law.com. Specializing in securities law, federal securities lawenforcement, securities arbitration, and international secu-rities, insider trading, NYSE, AMEX, NASD disciplinaryproceedings, broker-dealer, investment company and in-vestment adviser matters, liability under federal and statesecurities laws, public and private offerings, Internet se-curities, and law firm liability. Former chair, LACBA Busi-ness and Corporations Law Section; LLM, Harvard LawSchool. More than 32 years practicing securities law, 12years with the U.S. Securities and Exchange Commission,Washington, DC. Published author/editor of securities reg-ulations, including multivolume treatises. See display adon page 59.

BUSINESS APPRAISAL/VALUATION

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner.Nationally recognized banking, finance, insurance, and

46 Los Angeles Lawyer November 2006

real estate consulting group (established 1973). Experi-enced litigation consultants/experts include seniorbankers, lenders, consultants, economists, accountants,insurance underwriters/brokers. Specialties: lending cus-toms, practices, policies, in all types of lending (real es-tate, business/commercial, construction, consumer/creditcard), banking operations/administration, trusts and in-vestments, economic analysis and valuations/damagesassessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

BTI APPRAISAL605 West Olympic Boulevard, Suite 820, Los Angeles, CA90015, (213) 532-3800, fax (213) 532-3807, e-mail: ben@btiappraisal.com. Web site: www.btiappraisal.com.Contact Ben F. Tunnell III, Chairman. BTI Appraisal hasbeen providing litigation and appraisal services, both na-tionally and internationally, since 1974 in the areas of realestate, machinery and equipment, and business valua-tion. Well-written and documented reports reduce litiga-tion costs and speed dispute resolution. Our work haspassed the most rigorous scrutiny of the IRS, the SEC,government condemning agencies, and the state andfederal courts. The collective experience of our nationallyregarded professionals can address projects of all sizesand locations.

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail:wilde@capanalysis.com. Web site: www.capanalysis.com. Contact Evy Wild, JD. Specialties: economic, financial, accounting, and statistical analysis for complexlitigation, arbitration, regulatory proceedings, and strate-gic corporate decision making. Assist attorneys with dis-covery, identification of relevant economic and financialissues, preparation of analytical models, critique of op-posing experts, and expert testimony in federal and statecourts, and before the FTC and DOJ. Handle matters be-fore the EC, the ITC, and the U.S. Court of internationaltrade. Areas of expertise include antitrust (including cut-ting-edge analyses of market definition, market power, coordinated interactions, and unilateral effects), economicdamages, business valuation, investigative and forensicaccounting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

COHEN, MISKEI & MOWREY LLP15303 Ventura Boulevard, Suite 1150, Sherman Oaks, CA91403, (818) 986-5070, fax (818) 986-5034, e-mail:smowrey@cmmcpas.com. Contact Scott Mowrey. Spe-cialties: consultants who provide extensive experience, lit-igation support, and expert testimony regarding forensicaccountants, fraud investigations, economic damages,business valuations, family law, bankruptcy, and reorgani-zation. Degrees/license: CPAs, CFEs, MBAs. See displayad on page 53.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com.Contact David Nolte. Our professionals are experiencedCPAs, MBAs, ASAs, CFAs, affiliated professors, and in-dustry specialists. Our analysis and research combinedwith unique presentation techniques have resulted in anunequaled record of successful court cases and client re-coveries. Our expertise encompasses damages analysis,lost profit studies, business and intangible asset valua-tions, appraisals, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, computer forensics, electronic discovery,and analysis of computerized data. Degrees/licenses:

Los Angeles Lawyer November 2006 47

— DRIVER ERROR ANALYSIS —

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Human Factors Forensic Science

DENNIS WYLIE ■ D. WYLIE ASSOCIATESInternationally Recognized Expert

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For More Information Call 213-617-7775Or visit us on the web at www.hmlinc.com

Business litigation is increasingly complex. That is why we believe valuationissues must be addressed with the same meticulous careas legal issues. Analysis must be clear. Opinions must bedefensible. Expert testimony must be thorough andarticulate. HML has extensive trial experience and canprovide legal counsel with a powerful resource for experttestimony and litigation support.

ConfidenceAtThe Courthouse.

BUSINESS VALUATION • LOSS OF GOODWILL • ECONOMIC DAMAGES • LOST PROFITS

AREAS OF EXPERTISE:

■ HOUSEHOLD CHEMICALS

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■ HAZARDOUS MATERIALS

■ PAINT & COATINGS

■ LABELS & WARNINGS

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DR. KENNETH H. BROWNToll-Free (866) CHEM-EXPTdrbrown@khbconsulting.com

CHEMICAL EXPERT WITNESS

CPAs, CFAs, ASAs, PhDs and MBAs in accounting, finance, economics, and related subjects. See display adon page 2.

GURSEY, SCHNEIDER & CO., LLP10351 Santa Monica Boulevard, Suite 300, Los Angeles,CA 90025, (310) 552-0960, fax (310) 557-3468, e-mail:rwatts@gursey.com or swasserman@gursey.com. Website: www.gursey.com. Contact Robert Watts orStephan Wasserman. Gursey Schneider is an account-ing firm specializing in forensic accounting, litigation sup-port services, business valuation, and appraisal servicesfor a variety of purposes including marital dissolution, giftand estate planning, eminent domain, goodwill loss, busi-ness disputes, malpractice, tax matters, bankruptcy,damage and cost-profit assessments, insurance claims,and entertainment industry litigation. GSCO has over 30years’ experience as expert witnesses in litigation sup-port. See display ad on page 49.

HAYNIE & COMPANY, CPAS4910 Campus Drive, Newport Beach, CA 92660, (949)724-1880, fax (949) 724-1889, e-mail: sgabrielson@hayniecpa.com. Web site: www.hayniecpa.com. Contact Steven C. Gabrielson. Alter ego, consulting andexpert witness testimony in a variety of practice areas:commercial damages, ownership disputes, economicanalysis, business valuation, lost profits analysis,fraud/forensic investigations, taxation, personal injury,wrongful termination, professional liability, and expertcross examination. Extensive public speaking back-ground assists in courtroom presentations.

HIGGINS, MARCUS & LOVETT, INC.800 South Figueroa Street, Suite 710, Los Angeles, CA90017, e-mail: info@hmlinc.com. Web site: www.hmlinc.com. Contact Mark C. Higgins, ASA, president. Thefirm has over 20 years of litigation support and expert tes-timony experience in matters involving business valuation,economic damages, intellectual property, loss of businessgoodwill, and lost profits. Areas of practice include busi-ness disputes, eminent domain, bankruptcy, and corpo-rate and marital dissolution. See display ad on page 47.

KAPLAN ABRAHAM BURKERT & COMPANYForensic valuation consultants. 5950 Canoga Avenue,Suite 200, Woodland Hills, CA 91367, (818) 888-0066, fax(818) 888-8860. Contact Michael G. Kaplan, CPA, CVA,CFFA. Expert witness services and preparation in mattersinvolving business disputes, goodwill, economic dam-ages, loss of earnings and profits, fraud and embezzle-ment, forensic accounting, business valuation, marital dis-solution, legal and accountants’ malpractice, wrongful ter-mination, intellectual property, and bankruptcy. Memberof Voir Dire Partners, LLC. Affiliated offices nationwide.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witnesstestimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

SCHULZE HAYNES LOEVENGUTH & CO.660 South Figueroa Street, Suite 1280, Los Angeles, CA 90017, (213) 627-8280, fax (213) 627-8301, e-mail:kschulze@schulzehaynes.com. Web site: www.schulzehaynes.com. Contact Karl J. Schulze, principal.

Specialties: forensic business analysis and accounting,lost profits, economic damages, expert testimony, discov-ery assistance, business valuations, construction claims,corporate recovery, financial analysis and modeling,major professional organizations, and have experienceacross a broad spectrum of industries and business is-sues. Degrees/licenses: CPA; CVA; CFE; ABV; PhD-eco-nomics.

STONEFIELD JOSEPHSON Valuation, Litigation and Forensic Services Group. 2049Century Park East, Suite 400, Los Angeles, CA 90067.(310) 453-9400. Web site: www.sjaccounting.com.Contact Jeff Sumpter or Stefano Vranca, directors oflitigation support and forensic services, or MarkStepka, director of business valuation services. TheStonefield Josephson Valuation, Litigation and ForensicServices Group serves business leaders, attorneys, andother professionals with business valuation, litigation sup-port, and forensic accounting services. StonefieldJosephson serves public and privately held clientsthroughout the United States and internationally from fourCalifornia locations: Los Angeles, Orange County, SanFrancisco, and East Bay. See display ad on page 11.

VICENTI, LLOYD & STUTZMAN LLP2210 East Route 66, Suite 100, Glendora, CA 91740,(626) 857-7300, fax (626) 857-7302, e-mail: rstutzman@vlsllp.com. Web site: www.vlsllp.com. Contact RoyceStutzman, CVA, CPA/ABV, Chairman. Our certified pro-fessionals serve as consultants and experts in businessvaluations and litigation support. We conduct valuationsrelated to mergers and acquisitions, buy-sell agreements,purchase/sale of closely held businesses, partner dis-putes, etc. Our forensic accounting experts assess theamount of an economic loss, whether it be business inter-ruption from casualty, unfair competition, condemnation,damage caused by others, or loss of earnings from vari-ous events. Our fraud investigation team reviews docu-mentation, interviews witnesses and suspects, and as-sesses evidence to resolve allegations. We provide expertwitness testimony and implement fraud prevention pro-grams. VLS Celebrates 53 Years of Quality Service!

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex-pert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS auditdefense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

CHEMICALS & HAZARDOUS MATERIALS

KHB CONSULTING SERVICESToll free (866) CHEM-EXPT, (866) 243-6397, e-mail: drbrown@khbconsulting.com. Web site: www.khbconsulting.com. Contact Dr. Kenneth H. Brown.Area of expertise: household chemicals, industrial chemi-cals, hazardous materials, aerosols and spray products,

paint and coatings, labels and warnings, and laboratorytesting and analysis. We provide research, case file re-view, site visit, testing, failure analysis, reports, depositionand courtroom testimony. Types of cases include productliability, premises liability, and toxic test. We translatechemical jargon into easy-to-understand language. Seedisplay ad on page 47.

CHEMISTRY

CHEMICAL ACCIDENT RECONSTRUCTION SERVICES, INC.9121 East Tanque Verde Road, Suite 105, Tucson, AZ85749, (800) 645-3369, e-mail: service@chemaxx.com.Web site: www.chemaxx.com. Contact Dr. Michael Fox.Comprehensive chemical accident investigation—spe-cializing in complex industrial chemical accidents andchemical-related consumer product injuries, chemicalfires and explosions, chemical labeling, chemical packag-ing, handling and shipping, burns, warnings, chemical la-bels, MSDSs, disposal, chemical safety, EPA, OSHA,DOT, propane, natural gas, hydrogen, flammable liquids,hazardous chemicals, aerosols (hairspray, spray paint, re-frigerants), DOT certified (hazardous materials shipment),certified fire and explosion investigator, OSHA processhazard analysis team leader, PhD. Physical Chemistry.Extensive experience in metallurgy, corrosion, and failureanalysis.

CIVIL LITIGATION

GURSEY, SCHNEIDER & CO., LLP10351 Santa Monica Boulevard, Suite 300, Los Angeles,CA 90025, (310) 552-0960, fax (310) 557-3468. 20355Hawthorne Boulevard, First Floor, Torrance, CA 90503,(310) 370-6122, fax (310) 370-6188, e-mail: jziegler@gursey.com. Web site: www.gursey.com. Contact Jennifer Ziegler. Gursey Schneider specializes in foren-sic accounting and litigation support services in the areasof civil litigation, business disputes, bankruptcy, damageand cost-profit insurance claims, court accountings, fraudinvestigations, accounting malpractice, intellectual prop-erty, construction, government accounting and entertain-ment litigation. Gursey Schneider has over 30 years’ ofexperience as expert witnesses in accounting relatedmatters. See display ad on page 49.

CLINICAL/FORENSIC PSYCHOLOGIST

NINA T. RODD, PHD609 Deep Valley Drive, Suite 200, Rolling Hills Estates, CA90274, (310) 378-7172, fax (310) 541-9308, e-mail: drnrodd@cox.net. Web site: www.psych-expert.com.Contact Nina T. Rodd, Ph.D. Litigation support, consul-tation, expert witness, and psychological testing and eval-uation. Psychological injuries due to sexual harassment,discrimination, serious physical injuries, and traumaticevents (PTSD).

COMPUTER EVIDENCE DISCOVERY

COSGROVE COMPUTER SYSTEMS, INC.7411 Earldom Avenue, Playa del Rey, CA 90293, (310)823-9448, fax (310) 821-4021, e-mail: jcosgrove@computer.org. Web site: www.cosgrovecomputer.com.Contact John Cosgrove. John Cosgrove, PE, has over40 years’ experience in computer systems and has beena self-employed, consulting software engineer since1970. He was a part-time lecturer in the UCLA School ofEngineering and LMU graduate school. He provided aninvited article, “Software Engineering & Litigation,” for theEncyclopedia of Software Engineering. He holds the CDP,is a member of ACM, NSPE, ACFEI, FEWA, a life seniormember of IEEE Computer Society, NSPE, a Fellow of theNational Academy of Forensic Engineers (an affiliate ofNSPE) and a professional engineer in California. Formaleducation includes a BSEE from Loyola University and amaster of engineering from UCLA.

48 Los Angeles Lawyer November 2006

COMPUTER FORENSICS

BURGESS CONSULTING & FORENSICS2255 South Broadway, Suite 9, Santa Maria, CA 93454,(805) 349-7676, fax (805) 349-7790, e-mail: steve@burgessforensics.com. Web site: www.burgessforensics.com. Contact Steve Burgess. Since 1984, Burgess hasperformed services for thousands of clients on tens ofthousands of media. Computer forensic, electronic dis-covery (e-discovery) and expert witness services.Burgess Consulting will find whatever is there and explainit in a fashion that you, a judge, or jury can understand.Professional and complete. Almost any type of media(hard drives, tapes, removable media, flash cards) andoperating system (Windows, Macintosh, Linux, Exchange).Accomplished testimony in court and deposition.

DATACHASERS, INC.P.O. Box 2861, Riverside, CA 92516-2861, (877) DataExam, (877) 328-2392, (951) 780-7892, fax (951) 780-9199, e-mail: admin@datachasers.com. Web site: www.datachasers.com. Contact Rick Albee. Hard drive imag-ing, use assessment and auditing, intellectual propertyand trade secret disputes, restore hidden, deleted, or lostfiles and images, file dates when created, modified, ordeleted, Internet history and e-mail recovery, computeruse auditing and evaluations, human resources, em-ployer/employee exams, experienced expert witness andspecial master and full computer laboratory. Many yearsof public sector experience. Multiple certifications. Priorlaw enforcement. See display ad on page 46.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com.Contact David Nolte. Our professionals are experiencedCPAs, MBAs, ASAs, CFAs, affiliated professors, and in-dustry specialists. Our analysis and research combinedwith unique presentation techniques have resulted in anunequaled record of successful court cases and client recoveries. Our expertise encompasses damages analy-sis, lost profit studies, business and intangible asset valu-ations, appraisals, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, computer forensics, electronic discovery,and analysis of computerized data. Degrees/licenses:CPAs, CFAs, ASAs, PhDs and MBAs in accounting, finance, economics, and related subjects. See display adon page 2.

SETEC INVESTIGATIONS8391 Beverly Boulevard, Suite 167, Los Angeles, CA90048, (800) 748-5440, fax (323) 939-5481, e-mail:tstefan@setecinvestigations.com. Web site: www.setecinvestigations.com. Contact Todd Stefan. SetecInvestigations offers unparalleled expertise in computerforensics and enterprise investigations providing person-alized, case-specific forensic analysis and litigation supportservices for law firms and corporations. Setec Investiga-tions possesses the necessary combination of technical ex-pertise, understanding of the legal system, and specializedtools and processes enabling the discovery, collection, in-vestigation, and production of electronic information for in-vestigating and handling computer-related crimes or mis-use. Our expertise includes computer forensics, electronicdiscovery, litigation support, and expert witness testimony.

COMPUTER FORENSICS ELECTRONIC DISCOVERY

ROBERT J. ABEND, PE1658 Laraine Circle, San Pedro, CA 90732, cell (310) 346-6543, (310) 221-0716, fax (310) 221-0716, e-mail: rabend@linkline.com Web site: www.linkline.com/peronal/rabend.Specialties: Electrical engineering, computer forensics,data recovery, electronic discovery, computer engineer-ing, software, electronics, microelectronics, electronicsmanufacturing, intellectual property, and trade secret liti-

Los Angeles Lawyer November 2006 49

URS is the nation’s largest engineering, consulting and construction services firm. URS specializes in the resolution of construction disputes.

Dispute Resolution & Forensic AnalysisDesign/Construction ClaimsEnvironmental ClaimsBid/Cost/Damage AnalysisConstruction Defect AnalysisDelay/Acceleration/Disruption AnalysisExpert Witness TestimonyInsurance/Bond Claims

Technical ExpertiseArchitectureEngineeringSchedulingConstruction ManagementCost Estimating & AuditingEnvironmentalGeotechnical

Matthew Lankenau213-996-2549matthew_lankenau@urscorp.com

gation. Technical support during case preparation. Prac-ticed at court and deposition testimony. Thirty-five yearsof experience in the electronics and computer industry.Thirteen years as a forensic engineering consultant. Ref-erences provided on request. Degrees/licenses: BSEE,MS, Registered Professional Engineer, Certified EnCaseComputer Forensic Examiner, FCC General Radiotele-phone license.

COMPUTER SIMULATIONS/GRAPHICS

VISUAL FORENSICS(800) 426-6872, 130 Ryan Industrial Court, Suite 105, SanRamon, CA 94583. Web site: www.visualforensics.com.3D computer simulations for all aspects of accident re-construction, vision related malpractice, criminal reenact-ment, and more. Vision perception, site visibility, andhuman factors analysis. Opposing demonstrative evi-dence analysis. In-house scientific and engineering ex-perts. Led by internationally recognized vision scientist,Dr. Arthur P. Ginsburg, who has over 16 years of experi-ence as a vision and visibility expert consultant for thelegal industry and government agencies. Plaintiff and de-fense. Seen on CBS’s 60 Minutes and Court TV. See display ad on page 72.

COMPUTERS/INFORMATION SCIENCES

ROBERT J. ABEND, PE1658 Laraine Circle, San Pedro, CA 90732, cell (310) 346-6543, (310) 221-0716, fax (310) 221-0716, e-mail:rabend@linkline.com Web site: www.linkline.com/peronal/rabend. Specialties: Electrical engineering, computerforensics, data recovery, electronic discovery, computerengineering, software, electronics, microelectronics, elec-tronics manufacturing, intellectual property, and trade se-cret litigation. Technical support during case preparation.Practiced at court and deposition testimony. Thirty-fiveyears of experience in the electronics and computer in-dustry. Thirteen years as a forensic engineering consul-tant. References provided on request. Degrees/licenses:BSEE, MS, Registered Professional Engineer, CertifiedEnCase Computer Forensic Examiner, FCC General Ra-diotelephone license.

COSGROVE COMPUTER SYSTEMS, INC.7411 Earldom Avenue, Playa del Rey, CA 90293, (310)823-9448, fax (310) 821-4021, e-mail: jcosgrove@computer.org. Web site: www.cosgrovecomputer.com. Contact John Cosgrove. John Cosgrove, PE, has over40 years’ experience in computer systems and has beena self-employed, consulting software engineer since1970. He was a part-time lecturer in the UCLA School ofEngineering and LMU graduate school. He provided aninvited article, “Software Engineering & Litigation,” for theEncyclopedia of Software Engineering. He holds the CDP,is a member of ACM, NSPE, ACFEI, FEWA, a Life Seniormember of IEEE Computer Society, NSPE, a Fellow of theNational Academy of Forensic Engineers (an affiliate ofNSPE) and a professional engineer in California. Formaleducation includes a BSEE from Loyola University and amaster of engineering from UCLA.

LEGAL FRIENDLY TECHNOLOGIES3518 Dunn Drive, Suite 206, Los Angeles, CA 90034,(310) 558-8328, e-mail: Benjamin@LegalFriendly.com.Web site: www.LegalFriendly.com. Contact BenjaminSotelo, president and legal engineer. Legal FriendlyTechnologies has authored articles for the ComputerCounselor section of Los Angeles Lawyer magazine forthe last half decade. Legal Friendly also authors law officetechnology articles for the L.A. Paralegal Association Re-porter and Law Office Computing magazine. The L.A.Paralegal Association has recognized Legal Friendly as abenefactor member. Legal Friendly is recognized as ex-perts in all law office technologies: forensic discovery,data discovery, data recovery, antivirus and antispamprotection, document depositories, time and billing, wire-

less and other network topologies, surveillance, ABA-compliant Web pages and marketing campaigns, remotecommunication, employee training programs, courtroommultimedia animation and presentation, database pro-gramming and support, war rooms, expert witness, andinter alia. We are engineers that think law.

CONSTRUCTION

BALL CM27811 Avenue Hopkins, Suite 6, Valencia, CA 91355,(661) 254-3357, fax (661) 254-2127, e-mail: chris@ballcm.com. Web site: www.ballcm.com. Contact ChrisBall. Contract claims, disputed change orders, scheduleanalysis, delay claims, labor impact claims, constructiondefect investigations and analysis, cost estimating, de-structive testing, builders risk claims, commercial, resi-dential, and public works.

FORENSISGROUP3452 East Foothill Boulevard, Suite 1160, Pasadena, CA91107, (800) 555-5422, (626) 795-5000, fax (626) 795-1950, e-mail: experts@forensisgroup.com. Web site:www.forensisgroup.com. Contact Mercy Steenwyk.Thousands of our clients have gained the technical ad-vantage and the competitive edge in their cases from ourresource group of high-quality experts in construction,medical, engineering, product liability, safety, environ-mental, accident reconstruction, automotive, failure analy-sis, fires, explosions, slip and fall, real estate, economics,appraisal, employment, computers, and other technicaland scientific disciplines. We provide you with a selectgroup of high-quality experts as expeditiously as possi-ble. Unsurpassed recruitment standards. Excellent clientservice. See display ad on page 41.

GLENN M. GELMAN & ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS1940 East 17th Street, Santa Ana, CA 92705, (714) 667-2600, fax (714) 667-2636. Web site: www.gmgcpa.com.Contact Glenn Gelman. Expert witness testimony, strat-egy development, document discovery, deposition assis-tance, computation of damages, arbitration consulting,forensic accounting, investigative auditing, rebuttal testi-mony, fiduciary accountings, and trial exhibit preparation.

PACIFIC CONSTRUCTION CONSULTANTS, INC.(800) 655-PCCI. Contact marketing director. Construc-tion contract disputes (claims) analysis, prep and presen-tation, delay and monetary impact evaluation, includingCPM schedules. Architectural, civil, structural, mechani-cal, and electrical specialties. Full in-house courtroom vi-sual exhibit preparation. Assistance in negotiations, medi-ation, arbitration, and litigation. Expert witness testimony.Additional phone (310) 337-3131 or (916) 638-4848. Seedisplay ad on page 55.

PACIFIC HEALTH & SAFETY CONSULTING,INC.2192 Martin, Suite 230, Irvine, CA 92612, (949) 253-4065,e-mail: ksarley@phsc.web.com. Web site: www.phsc-web.com. Contact Tim Morrison. Providing quality consulta-tion and expert witness for mold, bacteria, lead, and as-bestos. Certified training for all health and safety OSHA,AQMD and FPT regulations. See display ad on page 61.

PINNACLEONE445 South Figueroa Street, Suite 3650, Los Angeles, CA90071, (213) 486-9884, fax (213) 486-9894, e-mail:jseibold@PinnacleOne.com. Established in 1980, Pinna-cleOne is a national firm of leading construction consul-tants who promote a full range of professional services,including dispute avoidance and resolution, claims analy-sis and management, litigation support services, expertwitness, project management, financial services, andmore. PinnacleOne regional operations are located in LosAngeles, San Diego, San Francisco, Irvine, Sacramento,

Phoenix, Boston, Hartford, and New York City.

RIMKUS CONSULTING GROUP, INC.2677 North Main Street, Suite 300, Santa Ana, CA 92705,(877) 978-2044, fax (714) 978-2088, e-mail: cjyaworski@rimkus.com. Web site: www.rimkus.com. Contact CurtYaworski. Rimkus Consulting Group is a full-serviceforensic consulting firm. Since 1983, we have provided re-liable investigations, reports, and expert witness testi-mony around the world. Our engineers and consultantsanalyze the facts from origin and cause through extent ofloss. Services: construction defect and dispute analysis,vehicle accident reconstruction, fire cause and origin,property evaluation, mold evaluations, indoor air qualityassessments, biomechanical analysis, product failureanalysis, foundation investigations, industrial accidentsand explosions, water intrusion analysis, geotechnicalevaluations, construction accidents, construction dis-putes, financial analysis and assessments, forensic ac-counting, HVAC analysis, electrical failure analysis, andvideo/graphics computer animation. See display ad onpage 57.

SCHWARTZ / ROBERT & ASSOCIATES, INC. 42 Faculty Street, Thousand Oaks, CA 91360, (805) 777-1115, cell (805) 796-9092, fax (805) 777-1172, e-mail:risoakpark@aol.com. Web site: www.schwartzrobert.com.Contact Robert I. Schwartz, AIA. Real property develop-ment procedures & practices, all building types, sizes &phases. Professional evaluation of building design errors& omissions, building code compliance & professionalstandards of practice. Forensic investigation of construc-tion defects. Repair cost estimates. Construction con-tract/subcontract performance—project management ad-ministration & cost accounting, CPM scheduling, cost es-timating, change order administration, quality assurance& building performance. Evaluation of delay claims. Docu-mentation of major property/casualty insurance losses.Excellent litigation support & trial exhibit preparation. Ex-pert witness testimony. Experienced AAA arbitrator & me-diator. Large & complex cases. Member, Dispute Resolu-tion Boards.

SHEPHERD CONSULTING SERVICESP.O. Box 10010, Torrance, CA 90505, (310) 378-0791, fax(888) 870-1663, e-mail: jds@shepherdconsulting.com.Contact John Shepherd, RRC, RRO. Roofing, water-proofing, sheet metal and building envelope consultingservices for construction defect litigation, personal injuryand water damage loss (standard of care and buildingcode issues), and property loss claims (wind, fire, earth-quake and hail). Support services includes: visual inspec-tions, invasive testing, leak investigation, water testing, re-port development, documentation, document review, re-search, mediation and trial expert witness testimony, andcost estimating.

SPECTRUM DEVELOPERS1241 Flemington Road, Riverside, CA 92506, (951) 776-1194, fax (951) 776-1196, e-mail: steve@spectrumdevelopers.com. Web site: www.spectrumdevelopers.com. Contact Steve Koppes.Inspections, expert testimony, and consulting for construction defects related to swimming pools, fountains,and spas.

TILE INSTITUTE OF AMERICA “TIA”2060 East Avede Los Arboles, Suite D488, ThousandOaks, CA 91362, (805) 371-8453, fax (805) 371-8455,e-mail: doctortile@aol.com. Contact Gerald M. Halweg,CTC, CSI, TTA. Specialties: 35 years’ experience. Masterexpert for tile, marble, and natural stone, waterproof mem-branes, mortar, reinforcing, plaster, spas, pools, sound-rated floor system; forensic research; expert witness; in-stallation failure investigation; demonstrative evidence;slips, trips, and falls; defect analysis; friction testing; fieldand lab testing; quality control; specs; codes; and prod-uct investigation.

50 Los Angeles Lawyer November 2006

URS915 Wilshire Boulevard, Suite 1800, Los Angeles, CA90017, (213) 996-2549, fax (213) 996-2521, e-mail:matthew-lankenau@urscorp.com. Expert witness for entitlement, causation damages on design, construction,and geotechnical environmental disputes. Experienced inall types of construction projects. See display ad on page 49.

CONSTRUCTION DISPUTES

COMA CONSULTANTS, INC.2220 Waterfront Drive, Corona Del Mar, CA 92625-1935,(949) 673-7273, cell (949) 246-4385, fax (949) 673-2104,e-mail: dgfcoma@hotmail.com. Contact D. Gordon Follett, PE, Principal/Owner. Contractor/subcontractor/owner contract disputes, construction quality control andstandards of care, claims and construction defects, litiga-tion support—expert testimony, trial support, and consul-tation. Working construction manager with over 40 yearsof experience; institutional, commercial, transportation,and general engineering contractor experience; licensedprofessional engineer, and licensed general contractor.

CONSULTING

PLUMBING INSPECTION PIPE EVALUATIONSERVICES (PIPES)43141 Business Center Parkway, Suite 201, Lancaster,CA 93535, (661) 949-8811, fax (661) 940-7318. ContactArnold A. Rodio. Specialties include evaluation of plumb-ing systems and installation in housing, apartment, con-dominium, and commercial. Expert on uniform plumbingcodes and installation standards. Twenty-eight years’ ex-perience, 8,000+ residential units and assorted commer-cial projects. Active plumbing contractor. Call for CV.

CORPORATE INVESTIGATIONS

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. Degrees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experi-enced CPAs, MBAs, ASAs, CFAs, affiliated professors,and industry specialists. Our analysis and research com-bined with unique presentation techniques have resultedin an unequaled record of successful court cases andclient recoveries. Our expertise encompasses damagesanalysis, lost profit studies, business and intangible assetvaluations, appraisals, fraud investigations, statistics,forensic economic analysis, royalty audits, strategic andmarket assessments, computer forensics, electronic dis-covery, and analysis of computerized data. Degrees/li-censes: CPAs, CFAs, ASAs, PhDs and MBAs in account-

Los Angeles Lawyer November 2006 51

TEL 805-579-7834 ■ Dale A. Eleniak, PLC ■ FAX 805-579-7845633 BRECKENRIDGE PLACE, SIMI VALLEY CA 93065

theword1@pacbell.net

– Dale A. Eleniak –Expert Witness/Litigation Analysis

Real Estate/Commercial & Residential

Attorney, RE broker, C.A.R. panel attorney, DRE Approved Instructor, over 3,000 real estate inquiries per year since 1991, author of “The Six Page Deposit Receipt” and over 400 R/E related

articles published as “Dales Legal Corner.”

• Standards of Care, Standards and Practices • Broker Supervison• Agency and Disclosure

As an Expert Witness in Real Estate Litigation, AttorneyLLAAWWRREENNCCEE HH.. JJAACCOOBBSSOONN

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• Interpretation of real estate documents

LAWRENCE H. JACOBSON AB, UCLA 1964, JD UCLA SCHOOL OF LAW 1967 Tel 310.271.0747 Fax 310.271.0757 email law.jac@verizon.net www.lawrencejacobson.com

Practicing real estate law in California since 1968. Member, Board of Governors, Beverly Hills Bar Association. Former Vice President-Legal Affairs, California Association of Realtors. California Real Estate Broker since 1978.

LAW OFFICES: 9401 WILSHIRE BLVD. SUITE 1250, BEVERLY HILLS, CA 90212

ing, finance, economics, and related subjects. See dis-play ad on page 2.

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf.Expert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS auditdefense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

CRIMINOLOGY/GANGS

DR. LEWIS YABLONSKY2311 Fourth Street, Suite 312, Santa Monica, CA 90405,phone and fax (310) 450-3697, e-mail: expertwitness@lewyablonsky.com. Web site: www.lewyablonsky.com.Contact Dr. Lewis Yablonsky, PhD -NYU. Emeritus pro-fessor criminology, California State University Northridge.Professor at other universities, including UCLA, Universityof Massachusetts, Harvard, Texas A&M, and ColumbiaUniversity. Published 19 books on criminology and socialproblems, including Criminology (1990), Gangsters(1997), and Gangs in Court (Lawyers and Judges Pub-lishers, 2005). Consultant/expert witness in over 230 legalcases in various areas of criminality, especially gangs(210+ gang cases). Also homicide, drug addiction, com-pany security liability, and responsibility. See Web site.Appointed to the “Panel of Experts” approved by the L.A.County Superior Court Judge’s Committee. See displayad on page 67.

DISABILITY/QUALITY OF LIFE LOSSES

STEPHEN J. MOREWITZ, PHD. & ASSOCIATES5300 Bothwell Road, Tarzana, CA 91356, (818) 594-1587,fax (818) 345-9811, e-mail: morewitz@earthlink.net. Website: http//home.earthlink.net/~morewitz/ Contact Dr.Stephen Morewitz, Ph.D. Evaluates sexual harassmentimpact, sexual harassment policies/procedures, disability,quality of life losses, and stress.

DISCOVERY SERVICES

NAVIGANT CONSULTINGOne California Plaza, 300 South Grand Avenue, 29thFloor, Los Angeles, CA 90071, (213) 670-3285, fax (213)670-3250, e-mail: elaykin@navigantconsulting.com. Website: www.navigantconsulting.com. Contact Erik Laykin.Computer and Internet technology. Information manage-ment systems failure, cyber fraud and crime, computerand network forensics, multinational intellectual property,and economic espionage.

DISPUTE ANALYSIS

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,

accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing experts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

DOCUMENT EXPERT

BLANCO & ASSOCIATES, INC.—FORENSICDOCUMENT EXAMINATIONS655 North Central Avenue, 17th Floor, Glendale, CA91203, (818) 545-1155, fax (818) 545-1199, e-mail: info@jimblanco.com. Web site: www.jimblanco.com. ContactJim Blanco. Former full time federal and state govern-ment forensic document examiner (handwriting expert)with the US Treasury Federal Bureau of ATF and Califor-nia State Department of Justice. Court-qualified and certi-fied ABFDE. Signature, handwriting, and hand printing ex-aminations, writer identification, writer elimination, forgeryand counterfeits, computer printed or typewritten docu-ments, medical chart evaluation (in medical malpracticecases), probate, wills, trusts, real estate documents,deeds, and contracts. All facets of civil and criminal litiga-tion nationally.

ECONOMIC DAMAGES

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner. Na-tionally recognized banking, finance, insurance, and realestate consulting group (established 1973). Experiencedlitigation consultants/experts include senior bankers,lenders, consultants, economists, accountants, insuranceunderwriters/brokers. Specialties: lending customs, prac-tices, policies, in all types of lending (real estate, busi-ness/commercial, construction, consumer/credit card),banking operations/administration, trusts and invest-ments, economic analysis and valuations/damages as-sessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

BALLENGER, CLEVELAND & ISSA, LLC10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA90024, (310) 873-1717, fax (310) 873-6600. ContactBruce W. Ballenger, CPA, executive managing direc-tor. Services available: assist counsel in determiningoverall strategy. Help evaluate depositions and evidence.Provide well-prepared, well-documented, and persuasivein-court testimony regarding complicated accounting, financial, and business valuation matters, fairness of inter-est rates, feasibility of reorganization plans, fraudulentconveyances, bankruptcies, mergers and acquisitions,and management misfeasance/malfeasance. More than100 open-court testimonies, federal and state, civil andcriminal. See display ad on page 63.

BLEUEL ASSOCIATES, INC.4587 Tam O’Shanter Drive, Westlake Village, CA 91362,(805) 496-8762, fax (805) 496-8768, e-mail: wbleuel@pepperdine.edu. Contact William H. Bleuel, PhD. Dr.Bleuel has over thirty years of academic and industry ex-

52 Los Angeles Lawyer November 2006

perience specializing in product service planning, busi-ness management, after sales service policy and imple-mentation, field service organization and operations. Hehas myriad books, articles and made numerous presenta-tions on these subjects and others related to customersupport and service strategies. Dr. Bleuel is an experi-ence expert witness having testified at deposition and trialon subjects related to service and antitrust issues.

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail:wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

CORNERSTONE RESEARCH515 South Flower Street, Suite 2900, Los Angeles, CA90071, (213) 553-2500, fax (213) 553-2699, e-mail:gstrong@cornerstone.com. Web site: www.cornerstone.com. Contact George G. Strong, Jr. Cornerstone Research provides attorneys with expert testimony andeconomic and financial analyses in all phases of commer-cial litigation. We work with faculty and industry experts ina distinctive partnership that combines the strengths ofthe business and academic worlds. Our areas of exper-tise include identifying and supporting expert witnesses inintellectual property, antitrust, securities, entertainment,real estate, financial institutions, and general business liti-gation.

CORPORATE SCIENCES, INC. 3215 E. Foothill Boulevard, Pasadena, CA 91107 Phone:(626) 440-7200, fax: (626) 440-1800, e-mail: jsdantoni@hotmail.com. Website: www.corporatesciences.com.Contact Dr. Joseph S. D’Antoni, Managing Principal.Corporate Sciences, Inc. provides financial analysis andexpert testimony in all types of commercial litigation. Ex-tensive experience in a broad range of industries for com-puting economic damages, lost profits, valuation and ap-praisal, fraud, breach of contract, partnership disputesand bankruptcy related matters. Professionals also serveas mediators, arbitrators, special masters, third party ad-ministrators as well as consulting and testifying experts.

ECON ONE RESEARCH, INC.601 West Fifth Street, 5th Floor, Los Angeles, CA 90071,(213) 624-9600, fax (213) 624-6994, e-mail: lskylar@econone.com. Web site: www.econone.com. ContactLisa Skylar, general manager. Econ One is an economicresearch and consulting firm with extensive experiencecombining theory and empirical analyses. We understandthe need for clear, accurate, persuasive answers to com-plex problems. We work with our clients to keep our ef-forts focused on necessary tasks, with close attention tocosts. We provide economic analysis and expert testi-mony in many areas, including: antitrust, contract dis-putes, damages analysis/calculations, intellectual prop-erty and patent infringement, market analysis, regulation,employment issues, and unfair competition.

Los Angeles Lawyer November 2006 53

Clinton E. Miller, J.D., BCFEAuthor: How Insurance Companies Settle Cases

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FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experi-enced CPAs, MBAs, ASAs, CFAs, affiliated professors,and industry specialists. Our analysis and research com-bined with unique presentation techniques have resultedin an unequaled record of successful court cases andclient recoveries. Our expertise encompasses damagesanalysis, lost profit studies, business and intangible assetvaluations, appraisals, fraud investigations, statistics,forensic economic analysis, royalty audits, strategic andmarket assessments, computer forensics, electronic dis-covery, and analysis of computerized data. Degrees/li-censes: CPAs, CFAs, ASAs, PhDs and MBAs in account-ing, finance, economics, and related subjects. See dis-play ad on page 2.

HIGGINS, MARCUS & LOVETT, INC.800 South Figueroa Street, Suite 710, Los Angeles, CA90017, e-mail: info@hmlinc.com. Web site: www.hmlinc.com. Contact Mark C. Higgins, ASA, president. Thefirm has over 25 years of litigation support and expert tes-timony experience in matters involving business valuation,economic damages, intellectual property, loss of businessgoodwill, and lost profits. Areas of practice include busi-ness disputes, eminent domain, bankruptcy, and corpo-rate and marital dissolution. See display ad on page 47.

HOLLIS & ASSOCIATES238 Pasadena Avenue, Suite 200, South Pasadena, CA91030-2920, (626) 441-1103, fax (626) 441-1107, e-mail:mrhollis@hollis-associates.com. Contact Michael R. Hollis, MBA, MA (Econ). Economic damages analysisand expert witness testimony regarding personal injury,wrongful death, earning capacity, household services,wrongful termination, employment discrimination, sexualharassment, medical malpractice, business damages(lost profits), products liability, and pediatrics.

KAPLAN ABRAHAM BURKERT & COMPANYForensic valuation consultants. 5950 Canoga Avenue,Suite 200, Woodland Hills, CA 91367, (818) 888-0066, fax(818) 888-8860. Contact Michael G. Kaplan, CPA, CVA,CFFA. Expert witness services and preparation in mattersinvolving business disputes, goodwill, economic dam-ages, loss of earnings and profits, fraud and embezzle-ment, forensic accounting, business valuation, marital dis-solution, legal and accountants’ malpractice, wrongful ter-mination, intellectual property, and bankruptcy. Memberof Voir Dire Partners, LLC. Affiliated offices nationwide.

KROLL777 South Figueroa Street, Suite 2400, Los Angeles, CA90017, (213) 443-6090, fax (213) 443-6054. Contact TroyDahlberg, CPA/ABV, tdahlberg@kroll.com, ChristianTregillis, CPA/ABV, ctregillis@kroll.com or Douglas Farrow, CPA/CFE, dfarrow@kroll.com. Investigations,economic damages and valuation firm with offices acrossthe country and around the globe. Specialties include ac-counting, financial, economic and statistical analysis, aswell as computer forensics, in the context of commerciallitigation and forensic investigations; accounting/fraud, se-curities, intellectual property (including damages analy-ses, licensing and valuation), breach of contract, lost prof-its, royalty audits, corporate governance, business valua-tion, real estate, construction, and bankruptcy. Practition-ers include former partners at Big Four accounting firms,law enforcement/FBI, computer forensics, and appraisers.See display ad on page 63.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-

54 Los Angeles Lawyer November 2006

LEGAL MALPRACTICE, ETHICS ANDFEE DISPUTE EXPERT WITNESS

BOYD S. LEMON, ESQ.

805-667-2137 • 310-860-4767 • www.legalmalexpert.com

40 YEARS TRIAL EXPERIENCE; RETAINED EXPERT IN MORE THAN 700 CASES; FORMER MAJOR LAWFIRM LITIGATION DEPARTMENT CHAIR; STATE BARDISCIPLINARY COMMITTEE; ATTORNEY FEE DISPUTEARBITRATOR; COURT APPOINTED MEDIATOR.

OVER 40 YEARS EXPERIENCE as a claims adjuster, licensed in three statesand qualified in state and federal courts. Expert in good faith/bad faith,standards and practices and standard in the industry. Specialties inproperty/casualty construction defect, fire/water, uninsured/underinsuredmotorist, warehouse and cargo claims. Litigation support, case review andevaluation claim consultation, coverage review and evaluations.

Contact Gene Evans at E. L. Evans AssociatesPhone (310) 559-4005 / Fax (310) 390-9669 / E-mail elevans66@yahoo.com

EXPERT WITNESS — Claims Consultant

EXPERIENCE �

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cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witnesstestimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

SCHULZE HAYNES LOEVENGUTH & CO.660 South Figueroa Street, Suite 1280, Los Angeles, CA 90017, (213) 627-8280, fax (213) 627-8301, e-mail:kschulze@schulzehaynes.com. Web site: www.schulzehaynes.com. Contact Karl J. Schulze, principal.Specialties: forensic business analysis and accounting,lost profits, economic damages, expert testimony, discov-ery assistance, business valuations, construction claims,corporate recovery, financial analysis and modeling,major professional organizations, and have experienceacross a broad spectrum of industries and business issues. Degrees/licenses: CPA; CVA; CFE; ABV; PhD-economics.

THOMAS NECHES & COMPANY LLP520 South Grand Avenue, Suite 350, Los Angeles, CA90071-2662, (213) 624-8150, fax (213) 624-8152, e-mail:tom@thomasneches.com. Web site: www.thomasneches.com. Contact Thomas M. Neches, CPA, ABV, CVA,CFE. Accounting, financial, business valuation, and statis-tical analyses to assist attorneys in litigation. Expert testi-mony in state and federal courts. Cases: Antitrust, breachof contract, fraud, intellectual property, lost businessvalue, lost profits, wrongful death, and wrongful termina-tion. Industries: banking, construction, entertainment, in-surance, manufacturing, retail, securities, and wholesale.Credentials: certified public accountant/accredited inbusiness valuation, certified valuation analyst, certifiedfraud examiner. Education: BA (Mathematics) UC SanDiego, MS (Operations Research) UCLA. Teaching: Ad-junct Professor, Loyola Law School. See display ad onpage 45.

VICENTI, LLOYD & STUTZMAN LLP2210 East Route 66, Suite 100, Glendora, CA 91740,(626) 857-7300, fax (626) 857-7302, e-mail: rstutzman@vlsllp.com. Web site: www.vlsllp.com. Contact RoyceStutzman, CVA, CPA/ABV, Chairman. Our certified pro-fessionals serve as consultants and experts in businessvaluations and litigation support. We conduct valuationsrelated to mergers and acquisitions, buy-sell agreements,purchase/sale of closely held businesses, partner dis-putes, etc. Our forensic accounting experts assess theamount of an economic loss, whether it be business inter-ruption from casualty, unfair competition, condemnation,damage caused by others, or loss of earnings from vari-ous events. Our fraud investigation team reviews docu-mentation, interviews witnesses and suspects, and as-sesses evidence to resolve allegations. We provide expertwitness testimony and implement fraud prevention pro-grams. VLS Celebrates 53 Years of Quality Service!

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex-pert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-

ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS auditdefense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

WILLIAMS & RIBB LLP600 Wilshire Boulevard, Suite 1515, Los Angeles, CA90017-3227, (213) 683-1013, fax (213) 683-0510, e-mail:cgross@williamsribb.com. Contact Charles R. Gross,partner. Specialties: expert witness testimony and foren-sic accounting services in business and contract dis-putes, marriage dissolution, and lost profits, and earningsdisputes, earnings loss and economic damage calcula-tions, income tax analysis, and fraud investigations. Ourexpertise encompasses engineering training, operationalbusiness experience, plus accounting and financial con-sulting, including economic analysis. Degrees/licenses:CPA; BS; Engineering; Masters; Management Science;Registered Investment Advisor; Insurance and SecuritiesAdvisor; Financial Planner.

ECONOMICS

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail:wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

COHEN, MISKEI & MOWREY LLP15303 Ventura Boulevard, Suite 1150, Sherman Oaks, CA91403, (818) 986-5070, fax (818) 986-5034, e-mail:smowrey@cmmcpas.com. Contact Scott Mowrey. Spe-cialties: consultants who provide extensive experience, lit-igation support, and expert testimony regarding forensicaccountants, fraud investigations, economic damages,business valuations, family law, bankruptcy, and reorgani-zation. Degrees/license: CPAs, CFEs, MBAs. See displayad on page 53.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witness

Los Angeles Lawyer November 2006 55

Clear, plain-language and convincingexpert testimony, reports and analysesto reconstruct weather, storm, andatmospheric conditions at location andtime of interest.

Wind and rain assessments, and indica-tions of their normalcy, unusualness andforeseeability.

Authoritative, certified data acquisition,preparation of exhibit materials, sitevisits and evaluations of reports for legaland insurance matters including buildingprojects, mold, and accidents.

Excellent client references provided onrequest.

Jay Rosenthal CCMCERTIFIED CONSULTING METEOROLOGIST

Phone 818.645.8632 or 310.454.7549Fax 310.454.7569

E-mail AirWeather@aol.comwww.weatherman.org

P. O. Box 512, Pacific Palisades, CA 90272

Air Weather & SeaConditions, Inc.

testimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

ELECTRICAL

ROBERT J. ABEND, PE1658 Laraine Circle, San Pedro, CA 90732, cell (310) 346-6543, (310) 221-0716, fax (310) 221-0716, e-mail:rabend@linkline.com Web site: www.linkline.com/per-onal/rabend. Specialties: Electrical engineering, computerforensics, data recovery, electronic discovery, computerengineering, software, electronics, microelectronics, elec-tronics manufacturing, intellectual property, and trade se-cret litigation. Technical support during case preparation.Practiced at court and deposition testimony. Thirty-fiveyears of experience in the electronics and computer in-dustry. Thirteen years as a forensic engineering consul-tant. References provided on request. Degrees/licenses:BSEE, MS, Registered Professional Engineer, CertifiedEnCase Computer Forensic Examiner, FCC General Ra-diotelephone license.

ELECTRICAL ACCIDENTS

JAMES A. SMITH, CONSULTANT2562 Treasure Drive, Suite 4102, Santa Barbara, CA93105-4177, (805) 687-7911, fax (805) 687-0832, e-mail:jasmith181@aol.com. Electrical accidents, electrocutionand electric shock, analyzing what happened and why,consulting on case strategy, and being an expert witness,National Electric Code compliance, California GO-95compliance, National Electric Safety Code compliance,protective relaying, and equipment and product testing.

ELECTRICAL ENGINEERING

CTG FORENSICS, INC.16 Technology Drive, Suite 109, Irvine, CA 92618, (949)790-0010, fax (949) 790-0020, e-mail: mlewis@CTGforensics.com. Web site: www.CTGforensics.com.Contact Dr. Malcolm Lewis, PE. Construction-relatedengineering, plumbing, mechanical (heating, ventilating,A/C) and electrical (power, lighting), energy systems, resi-dential and nonresidential buildings, construction defects,construction claims, and mold.

ELECTRONIC DISCOVERY

ROBERT J. ABEND, PE1658 Laraine Circle, San Pedro, CA 90732, cell (310) 346-6543, (310) 221-0716, fax (310) 221-0716, e-mail:rabend@linkline.com Web site: www.linkline.com/peronal/rabend. Specialties: Electrical engineering, com-puter forensics, data recovery, electronic discovery, com-puter engineering, software, electronics, microelectronics,electronics manufacturing, intellectual property, and tradesecret litigation. Technical support during case prepara-tion. Practiced at court and deposition testimony. Thirty-five years of experience in the electronics and computerindustry. Thirteen years as a forensic engineering consul-tant. References provided on request. Degrees/licenses:BSEE, MS, Registered Professional Engineer, CertifiedEnCase Computer Forensic Examiner, FCC General Ra-diotelephone license.

BURGESS CONSULTING & FORENSICS2255 South Broadway, Suite 9, Santa Maria, CA 93454,(805) 349-7676, fax (805) 349-7790, e-mail: steve@burgessforensics.com. Web site: www.burgessforensics.com. Contact Steve Burgess. Since 1984, Burgess hasperformed services for thousands of clients on tens ofthousands of media. Computer forensic, electronic discov-ery (e-discovery) and expert witness services. BurgessConsulting will find whatever is there and explain it in afashion that you, a judge, or jury can understand. Profes-sional and complete. Almost any type of media (hard dri-ves, tapes, removable media, flash cards) and operatingsystem (Windows, Macintosh, Linux, Exchange). Accom-plished testimony in court and deposition.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experi-enced CPAs, MBAs, ASAs, CFAs, affiliated professors,and industry specialists. Our analysis and research com-bined with unique presentation techniques have resultedin an unequaled record of successful court cases andclient recoveries. Our expertise encompasses damagesanalysis, lost profit studies, business and intangible assetvaluations, appraisals, fraud investigations, statistics,forensic economic analysis, royalty audits, strategic andmarket assessments, computer forensics, electronic dis-covery, and analysis of computerized data. Degrees/li-censes: CPAs, CFAs, ASAs, PhDs and MBAs in account-ing, finance, economics, and related subjects. See dis-play ad on page 2.

SETEC INVESTIGATIONS8391 Beverly Boulevard, Suite 167, Los Angeles, CA90048, (800) 748-5440, fax (323) 939-5481, e-mail: tstefan@setecinvestigations.com. Web site: www.setecinvestigations.com. Contact Todd Stefan. SetecInvestigations offers unparalleled expertise in computerforensics and enterprise investigations providing personal-ized, case-specific forensic analysis and litigation supportservices for law firms and corporations. Setec Investigationspossesses the necessary combination of technical expertise,understanding of the legal system, and specialized toolsand processes enabling the discovery, collection, investi-gation, and production of electronic information for inves-tigating and handling computer-related crimes or misuse.Our expertise includes computer forensics, electronic dis-covery, litigation support, and expert witness testimony.

EMPLOYMENT

BIDDLE CONSULTING GROUP, INC.193 Blue Ravine Road, Suite 270, Folsom, CA 95639,(916) 294-4250, fax (916) 294-4255, e-mail: staff@biddle.com. Web site: www.biddle.com. Contact Dan Biddle,PhD, president. We specialize in compensation analysis,test development, EEO/AA reviews, validation studies(content, criterion-related), and adverse impact analyses.We have a special emphasis in the protective servicefields. Over 30 staff. Degrees/licenses: MA, PhD, otherstaff with various degrees.

ECON ONE RESEARCH, INC.601 West Fifth Street, 5th Floor, Los Angeles, CA 90071,(213) 624-9600, fax (213) 624-6994, e-mail: lskylar@econone.com. Web site: www.econone.com. ContactLisa Skylar, general manager. Econ One is an economicresearch and consulting firm with extensive experiencecombining theory and empirical analyses. We understandthe need for clear, accurate, persuasive answers to com-plex problems. We work with our clients to keep our ef-forts focused on necessary tasks, with close attention tocosts. We provide economic analysis and expert testi-mony in many areas, including: antitrust, contract dis-putes, damages analysis/calculations, intellectual prop-erty and patent infringement, market analysis, regulation,employment issues, and unfair competition.

EQUILAW 10061 Riverside Dr. Suite 536, Toluca Lake, CA 91602,(818) 762-7676, fax (818) 762-8003, e-mail: jyanow@equilaw.com. Web site: www.equilaw.com. ContactJulie B Yanow, Principal. More than 19 years of employ-ment and labor law experience. EquiLaw assists clientswith workplace investigations of harassment, discrimina-tion, retaliation/other misconduct; workplace training inharassment/discrimination prevention, HR practices, man-agement skills, and executive coaching. EquiLaw also of-fers expert consulting/testimony regarding the prevention,investigation, elimination of unlawful workplace harass-ment, discrimination, retaliation, wrongful termination, andmanagement issues. See display ad on page 54.

56 Los Angeles Lawyer November 2006

JEFF SUGAR, MDChild, Adolescent & Adult PsychiatristAssistant Clinical Professor, UCLA & USC

A practicing psychiatrist for17 years, he is board cert-ified in child and generalpsychiatry. He is Past Pres-ident of the Southern Cal-ifornia Society of Child andAdolescent Psychiatry and Assistant Clinical Professorat USC and UCLA. As founding director of research atHathaway Children and Family Services he led a studyof the long-term effects of trauma.

Currently ward chief: University of SouthernCalifornia, adolescent inpatient unit and in privatepractice-general and child psychiatry.

Dr. Sugar’s reports and/or testimony have hadan impact in cases (both child and adult) involving:

•Trauma: Sexual and Physical Abuse (with or without PTSD)

•Personal Injury and Workers’ Compensation•Psychiatric Medication Issues•Diagnosis and Appropriate Treatment•Ethical issues and Stress in Legal Practice•Battered Woman’s Syndrome •Child Custody

–FREE Initial Telephone Consultation with Attorney–ATTORNEY REFERENCES AND/OR REDACTED PAST

REPORTS AVAILABLE ON REQUEST.

TEL: (310) 291-0886 | E-MAIL: jeffsugar@ucla.edu

EXPERT – PSYCHIATRY

312 E SYCAMORE AVE, EL SEGUNDO, CA 90245

EXPERT WITNESSSERVICES

• Bankruptcy - Interest Rates

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–35 years experience –CEO, Director, Sr. Loan Officer,

State & Federal Court

THOMAS TARTERANDELA CONSULTING GROUP

818-380-3102 or 818-884-2525

E-Mail: ttarter@earthlink.net www.commercepartners.org

G. GOVINE CONSULTING260 North Mar Vista, Suite #2, Pasadena, CA 91106-1413,(626) 564-0502, fax (626) 564-0502, e-mail: info@govineconsults.com. Web site: www.govineconsults.com. Contact Dr. Gerda Govine. Specializes in employ-ment discrimination, sexual harassment including AB1825 training, wrongful termination, age discrimination,communications, training and analysis, evaluation ofhuman resource policies, practices, procedures, hand-books, systems, and evaluation of sexual harassmentmatters. Practices of employment discrimination, and me-diation. See display ad on page 52.

HAIGHT CONSULTING1726 Palisades Drive, Pacific Palisades, CA 90272, (310)454-2988, fax (310) 454-4516. Contact Marcia Haight,SPHR. Human resources expert knowledgeable in bothfederal and California law. Twenty-five years’ corporatehuman resources management experience plus over 16years as a Human Resources Compliance Consultant inCalifornia. Specializations include sexual harassment,ADA/disability discrimination, other Title VII and FEHA dis-crimination and harassment, retaliation, FMLA/CFRA,safety, and wrongful termination. Courtroom testimonyand deposition experience. Retained 60 percent by de-fense, 40 percent by plaintiff. Audit employer’s actions inpreventing and resolving discrimination, harassment, andretaliation issues. Assess human resources policies andpractices for soundness, for comparison to prevailingpractices, and for compliance. Evaluate employer respon-siveness to complaints and effectiveness of employer in-vestigations. Assist counsel via preliminary case analysis,discovery strategy, examination of documents, and experttestimony.

HRM CONSULTING, INC.P.O. Box 1786, Murphys, CA 95247, (209) 728-8905, fax(209) 728-8970, e-mail: hrm@hrmconsulting.com. Website: www.hrmconsulting.com. Contact Beth BrascugliHirsch, MBA, SPHR. Ms. Hirsch’s experience includesworking on employment and vocational rehabilitation mat-ters from both the employee and employer perspective.Her expertise is utilized in ADA/FMLA, FMLA/CFRA,wrongful termination, and sexual harassment cases. Weprovide litigation support, expert testimony, and investiga-tions, and specialize in helping companies implementstrategies to comply with the complicated realm of per-sonnel management regulations. Ms. Hirsch is nationallycertified as a SPHR and sits on the International Employ-ment Health, Safety and Security Panel.

EMPLOYMENT/DISCRIMINATION/HARASSMENT

BRIAN H. KLEINER, PHD, MBAProfessor of Human Resource Management, CaliforniaState University, 800 North State College Boulevard, LH-640, Fullerton, CA 92834, (714) 879-9705, fax (714) 879-5600. Contact Brian H. Kleiner, PhD. Specializations in-clude wrongful termination, discrimination, sexual harass-ment, ADA, evaluation of policies and practices, reason-able care, progressive discipline, conducting third-partyworkplace investigations, retaliation, RIFs, statistics, negli-gent hiring, promotion selections, CFRA/FMLA, compen-sation, wage and hours, ERISA, workplace violence, andOSHA. Consultant to over 100 organizations. Over 500publications. Five-time winner of CSUF Meritorious Perfor-mance Award. Extensive experience giving testimony ef-fectively.

ENGINEER TRAFFIC

WILLIAM KUNZMAN, PE1111 Town and Country #34, Orange, CA 92868, (714)973-8383, fax (714) 973-8821, e-mail: mail@traffic-engineer.com. Web site: www.traffic-engineer.com. ContactWilliam Kunzman, PE. Traffic expert witness since 1979,both defense and plaintiff. Auto, pedestrian, bicycle, andmotorcycle accidents. Largest settlement: $2,000,000

Los Angeles Lawyer November 2006 57

• UCLA-trained, board certified in general and forensic psychiatry

• 15 years’ experience as examining & testifying forensic psychiatrist

• Active teaching faculty at UCLA Medical School

Phi Beta Kappa (MIT–1975)

CIVIL LITIGATION

MEDICAL/DENTAL MALPRACTICE

EMPLOYMENT LAW

WORKERS’ COMPENSATION

DISABILITY

LLAAWWRREENNCCEE RR.. MMOOSSSS,, MM..DD.. PPSSYYCCHHIIAATTRRYY

LLaawwrreennccee RR.. MMoossss,, MM..DD..TEL 310 838-6306 FAX 310 838-6362 lmoss@ucla.edu

2999 Overland Avenue #201Los Angeles, CA 90064

solo vehicle accident case against Caltrans. Before be-coming expert witnesses, employed by Los AngelesCounty Road Department, Riverside County Road Depart-ment, City of Irvine, and Federal Highway Administration.Knowledge of governmental agency procedures, design,geometrics, signs, traffic controls, maintenance, andpedestrian protection barriers. Hundreds of cases. Undergraduate work—UCLA; graduate work—Yale Uni-versity.

ENGINEERING

ACORN CONSULTING SERVICES, LLC2830 North Swan Road, Suite 140, Tucson, AZ 85712,(520) 322-6150, fax (520) 327-0062, e-mail: bill@acs-eng.com. Web site: www.acs-eng.com. Contact William R.Acorn. PE. Over 30 years’ experience as a consulting en-gineer providing value added technical consultation,forensic analysis, and expert testimony. Specializing inHVAC systems, cleanrooms, piping and refrigeration sys-tems, building and fire codes, design and construction is-sues, and hazardous occupancies. Successfully repre-sent plaintiffs, defendants and insurers in court, arbitrationand mediation settings with claims up to $250 million.ACS provides a unique combination of practical, theoreti-cal, and teaching experience to support your litigationneeds.

ARGOS ENGINEERING44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax(949) 429-5972, e-mail: johndpratt@cox.net. Web site:www.argos-engineering.com. Contact John D. Pratt,PhD, PE. Litigation consulting, testing, inspections, depo-sition, and trial testimony.

FORENSISGROUP3452 East Foothill Boulevard, Suite 1160, Pasadena, CA91107, (800) 555-5422, (626) 795-5000, fax (626) 795-1950, e-mail: experts@forensisgroup.com. Web site:www.forensisgroup.com. Contact Mercy Steenwyk.Thousands of our clients have gained the technical ad-vantage and the competitive edge in their cases from ourresource group of high-quality experts in construction,medical, engineering, product liability, safety, environ-mental, accident reconstruction, automotive, failure analy-sis, fires, explosions, slip and fall, real estate, economics,appraisal, employment, computers, and other technicaland scientific disciplines. We provide you with a selectgroup of high-quality experts as expeditiously as possi-ble. Unsurpassed recruitment standards. Excellent clientservice. See display ad on page 41.

HICHBORN CONSULTING GROUP1988 North Tustin Avenue, Orange, CA 92865, (714) 637-7400, fax (714) 637-7488, e-mail: hichbornsr@hichborn.com. Web site: www.hichborn.com. Contact GeoffreyHichborn Sr. General civil design with specialties featur-ing forensic investigations of concrete work and concreteproducts, concrete, cement and related materials exper-tise, construction practices and materials evaluation, re-pair recommendations, construction observation, publicworks/residential/commercial/industrial, and specially de-signed tests of distressed materials.

CARL SHERIFF, PE101531⁄2 Riverside Drive, Suite 365, Toluca Lake, CA91602, (818) 766-9259, fax (818) 908-9301. Contact CarlSheriff, PE, forensic engineer. Degreed in the law andengineering. Registered professional engineer in mechan-ical, controls, and safety. General contractor, real estatebroker, and certified building inspector. Licensed truckdriver. Consulting and expert testimony on premises liabil-ity, product defects, and traffic accidents. Constructionand industrial accidents. Building and OSHA code com-pliance. Slip, trip, and falls. Human factors. Safety evalua-tion. Computerized analysis and exhibits. Free initial filereview.

ENVIRONMENTAL

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

HARGIS + ASSOCIATES, INC.2365 Northside Drive, Suite C-100, San Diego, CA 92108,(800) 554-2744, (619) 521-0165, fax (619) 521-8580, e-mail: hargis@hargis.com. Web site: www.hargis.com.Contact David R. Hargis, PhD, PG. Expert witness testi-mony, technical consultation, and litigation support con-cerning hydrogeologic assessments to evaluate ground-water supply, basin studies, nature/extent of soil/ground-water contamination, source identification, identification ofpotentially responsible parties, cost allocation studies,and negotiations with USEPA and state regulatory agen-cies involving cleanup levels and approval ofRI/FS/RD/RA documents for various state and federal Su-perfund sites. See display ad on page 51.

PCR SERVICES CORPORATION233 Wilshire Boulevard, Suite 130, Santa Monica, CA90401, (310) 451-4488, fax (310) 451-5279, e-mail:g.broughton@pcrnet.com. Web site: www.pcrnet.com.Contact Gregory J. Broughton. PCR provides authorita-tive and experienced expert testimony related to matterssubject to the California Environmental Quality Act(CEQA) and National Environmental Policy Act (NEPA), ingeneral, and regarding technical aspects of biological re-sources, archaeological, paleontological or historic re-sources, air quality, human health risk, meteorology, envi-ronmental acoustics, vibration, acoustic mitigation, publicutility and services systems, land use policy, and scenicand aesthetic resources, in particular.

ESCROW

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner. Na-tionally recognized banking, finance, insurance, and realestate consulting group (established 1973). Experiencedlitigation consultants/experts include senior bankers,lenders, consultants, economists, accountants, insuranceunderwriters/brokers. Specialties: lending customs, prac-tices, policies, in all types of lending (real estate, busi-ness/commercial, construction, consumer/credit card),banking operations/administration, trusts and invest-ments, economic analysis and valuations/damages as-sessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

EXPERT REFERRAL SERVICE

FORENSIC EXPERT WITNESS ASSOCIATION2402 Vista Nobleza, Newport Beach, CA 92660, (949)640-9903, fax (949) 640-9911, e-mail: info@forensic.org.Web site: www.forensic.org. Contact Norma S. Fox, executive director. Nonprofit professional association.Education through monthly meetings, workshops, and annual conference. Referral service. Five chaptersthroughout California. See display ad on page 52.

TASA (TECHNICAL ADVISORY SERVICE FORATTORNEYS)(800) 523-2319, fax (800) 329-8272. The best source forConsulting and Testifying Experts, TASA provides time-saving, customized referrals to outstanding, local, na-tional, and global specialists, including hard-to-find au-thorities in virtually all professions. We offer more than10,000 categories of expertise, including over 900 med-ical specialties through the TASAmed division. Your re-quest receives our prompt personal attention. Our ser-vices include unlimited searches, referrals, resumes, andinitial screening telephone interviews, which we help youarrange with candidates. And if you don’t ultimately desig-nate or engage an expert we refer, there is NO CHARGEat all. Plaintiff/defense, civil/criminal cases, and ADR. Ex-perts can assist you at any stage of your case from earlycase merit assessment to deposition and testimony. Sam-ple expertise categories include accident reconstruction,banking, computers, construction, economics, electron-ics, engineering, forensic accounting, healthcare, intellec-tual property, machine design, medical devices, mold,OSHA, personal injury, product liability, safety, security,and toxicology. Over 45 years of successful referrals toCalifornia’s finest law and insurance firms. Please see in-sert in this issue and display ad on page 64.

EXPERT WITNESS

AMFS, INC. (AMERICAN MEDICAL FORENSICSPECIALIST)2640 Telegraph Avenue, Berkeley, CA 94704, (800) 275-8903, (510) 549-1693, fax (510) 486-1255, e-mail: medicalexperts@amfs.com, Web page: www.medicalexperts.com. Contact Barry Gustin, MD, MPH,FACEP. AMFS is a physician and attorney managedcompany that provides initial in-house case screenings by72 multidisciplinary physician partners. Medical expertsare matched to meet case requirements by AMFS Physi-cian Partners from our panel of over 3,500 carefully pre-screened board-certified practicing specialists in Califor-nia. All recognized medical specialties. Plaintiff and de-fense. Fast, thorough, objective, and cost-effective. Med-ical negligence, hospital and managed care, personal in-jury, product liability, and toxic torts. “A 92 percent winrecord” –California Lawyer magazine. Ask about our evi-dence based causation program and money-back guar-antees. See display ad on page 64.

SINAIKO HEALTHCARE CONSULTING, INC.1100 Glendon Avenue, Suite 1800, Los Angeles, CA90024, (310) 826-4935, fax (310) 826-4212, e-mail:jeff@sinaikohc.com. Web site: www.sinaikohc.com. Con-tact Jeff Sinaiko. Sinaiko is a nationally recognizedhealthcare consulting firm. Our professionals are hand-picked for their broad understanding of the industry, de-tailed expertise and superior communication skills.Clients have found this expertise invaluable in litigationsupport where there is no substitute for experience.Sinaiko’s litigation support practice includes, among oth-ers, industry standard practices evaluations:Medicare/Medicaid fraud; provider/payor payment dis-putes; business valuation; transaction disputes; and fa-cility and professional fee billing.

58 Los Angeles Lawyer November 2006

EXPERT WITNESS WEB SITES

EXPERT4LAW—THE LEGAL MARKETPLACE(213) 896-6561, fax (213) 613-1909, e-mail: forensics@lacba.org. Web site: www.expert4law.org. ContactMelissa Algaze. Still haven’t found who you’re lookingfor? Click here! expert4law—The legal Marketplace is thebest online directory for finding expert witnesses, legalconsultants, litigation support, lawyer-to-lawyer network-ing, dispute resolution professionals, and law office tech-nology. This comprehensive directory is the one-stop sitefor your legal support needs. Available 24/7/365! Broughtto you by the Los Angeles County Bar Association.

FAILURE ANALYSIS

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: kars@karslab.com. Web site: www.karslab.com. Contact Drs. Ramesh J. Kar or Naresh J. Kar.Southern California’s premier materials/mechanical/metal-lurgical/structural/forensics laboratory. Registered profes-sional engineers with 20-plus years in metallurgical/foren-sic/structural failure analysis. Experienced with automo-tive, bicycles, tires, fire, paint, plumbing, corrosion, andstructural failures. We work on both plaintiff and defen-dant cases. Complete in-house capabilities for tests. Ex-tensive deposition and courtroom experience (civil andcriminal investigations). Principals are fellows of AmericanSociety for Metals and board-certified diplomates, Ameri-can Board of Forensic Examiners. See display ad onpage 72.

SEAL LABORATORIES250 North Nash Street, El Segundo, CA 90245, (310) 322-2011, fax (310) 322-2243. E-mail: akumar@seallabs.com.Web site: www.seallabs.com. Contact Arun Kumar,PhD, president. Materials failure analysis, product liabil-ity, and patent infringement support. Case evaluation andstrategy, analytical support, and expert witness testimony.Metals, composites, plastics, and glass. Airplanes, autos,helicopters, motorcycles, consumer products, medicaldevices, prostheses and implants, and electrical compo-nents. Analysis of failure due to fatigue, overload, corro-sion, wear, or manufacturing/material defect.

FAMILY LAW

COHEN, MISKEI & MOWREY LLP15303 Ventura Boulevard, Suite 1150, Sherman Oaks, CA91403, (818) 986-5070, fax (818) 986-5034, e-mail:smowrey@cmmcpas.com. Contact Scott Mowrey. Spe-cialties: consultants who provide extensive experience, lit-igation support, and expert testimony regarding forensicaccountants, fraud investigations, economic damages,business valuations, family law, bankruptcy, and reorgani-zation. Degrees/license: CPAs, CFEs, MBAs. See displayad on page 53.

GURSEY, SCHNEIDER & CO., LLP10351 Santa Monica Boulevard, Suite 300, Los Angeles,CA 90025, (310) 552-0960, fax (310) 557-3468. 20355Hawthorne Boulevard, First Floor, Torrance, CA 90503,(310) 370-6122, fax (310) 370-6188, e-mail: rwatts@gursey.com or tkatz@gursey.com. Web site: www.gursey.com. Contact Robert Watts or Tracy Katz.Forensic accounting and litigation support services in allareas relating to marital dissolution; including, businessvaluation, tracing and apportionment of real property andassets, net spendable evaluations, determination of grosscash flow available for support and analysis of reimburse-ment claims and marital standards of living. See displayad on page 49.

HARGRAVE & HARGRAVE520 Broadway, Suite 680, Santa Monica, CA 90401, (310)576-1090, fax (310) 576-1080, e-mail: terry@taxwizard.com. Web site: www.taxwizard.com. Contact Terry M.

Los Angeles Lawyer November 2006 59

✒ Litigation support✒ Expert witness✒ Forensic accountants✒ Family law matters✒ Business valuations✒ Loss of earnings✒ Damages

When you need more than justnumbers... you can count on us...

Contact Michael KryclerPHONE (818) 995-1040

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Hargrave, CPA/ABV, CFE. Litigation services for familylaw and civil cases. Past chair of California Society ofCPAs’ Family Law Section, business valuation instructorfor California CPA Foundation and AICPA. Services in-clude business valuations, income available for support,tracing separate property, litigation consulting, real estatelitigation, mediation, fraud investigations, damage calcu-lation, and other forensic accounting work.

KRYCLER, ERVIN, TAUBMAN, & WALHEIM15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA91403, (818) 995-1040, fax (818) 995-4124. Web site:www.info@ketw.com. Contact Michael J. Krycler. Litiga-tion support, including forensic accounting, business ap-praisals, family law accounting, business and professionalvaluations, damages, fraud investigations, and lost earn-ings. Krycler, Ervin, Taubman & Walheim is a full-serviceaccounting firm serving the legal community for more than20 years. See display ad on page 59.

DIANA G. LESGART, CPA, CFE AN ACCOUNTANCY CORP.22024 Lassen Street, Suite 106, Chatsworth, CA 91311,(818) 886-7140, fax (818) 886-7146, e-mail: Lesgart3@msn.com. Contact Diana G. Lesgart, CPA, CFE,FCPA. Specialized accounting and litigation support ser-vices in the areas of family law litigation, tracing of assets,pension plan tracing, forensic accounting, business valu-ation, goodwill, expert testimony, commercial litigation,fraud investigations, economic damages, and real estatelitigation. Over 22 years of accounting experience with 18years litigation support specialization. Assigned as §730accounting expert. Ms. Lesgart’s profile can be found atwww.jurispro.com. using “Lesgart” under Search byName. Expert is fully English/Spanish bilingual.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witnesstestimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf.Expert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS auditdefense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

WILLIAMS & RIBB LLP600 Wilshire Boulevard, Suite 1515, Los Angeles, CA90017-3227, (213) 683-1013, fax (213) 683-0510, e-mail:cgross@williamsribb.com. Contact Charles R Gross,partner. Specialties: expert witness testimony and foren-sic accounting services in business and contract dis-putes, marriage dissolution, and lost profits, and earningsdisputes, earnings loss and economic damage calcula-tions, income tax analysis, and fraud investigations. Ourexpertise encompasses engineering training, operationalbusiness experience, plus accounting and financial con-sulting, including economic analysis. Degrees/licenses:CPA; BS; Engineering; Masters; Management Science;Registered Investment Advisor; Insurance and SecuritiesAdvisor; Financial Planner.

FINANCE

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witnesstestimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

FINANCIAL

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner. Na-tionally recognized banking, finance, insurance, and realestate consulting group (established 1973). Experiencedlitigation consultants/experts include senior bankers,lenders, consultants, economists, accountants, insuranceunderwriters/brokers. Specialties: lending customs, prac-tices, policies, in all types of lending (real estate, busi-ness/commercial, construction, consumer/credit card),banking operations/administration, trusts and invest-ments, economic analysis and valuations/damages as-sessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail:wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

CORNERSTONE RESEARCH515 South Flower Street, Suite 2900, Los Angeles, CA90071, (213) 553-2500, fax (213) 553-2699, e-mail:gstrong@cornerstone.com. Web site: www.cornerstone.com. Contact George G. Strong Jr. Cornerstone Research provides attorneys with expert testimony andeconomic and financial analyses in all phases of commer-cial litigation. We work with faculty and industry experts ina distinctive partnership that combines the strengths ofthe business and academic worlds. Our areas of exper-tise include identifying and supporting expert witnesses inintellectual property, antitrust, securities, entertainment,real estate, financial institutions, and general business liti-gation.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com.Contact David Nolte. Our professionals are experiencedCPAs, MBAs, ASAs, CFAs, affiliated professors, and in-dustry specialists. Our analysis and research combinedwith unique presentation techniques have resulted in anunequaled record of successful court cases and client re-coveries. Our expertise encompasses damages analysis,lost profit studies, business and intangible asset valua-tions, appraisals, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, computer forensics, electronic discovery,and analysis of computerized data. Degrees/licenses:CPAs, CFAs, ASAs, PhDs and MBAs in accounting, fi-nance, economics, and related subjects. See display adon page 2.

HAYNIE & COMPANY, CPAS4910 Campus Drive, Newport Beach, CA 92660, (949)724-1880, fax (949) 724-1889, e-mail: sgabrielson@hayniecpa.com. Web site: www.hayniecpa.com. Contact Steven C. Gabrielson. Alter ego, consulting andexpert witness testimony in a variety of practice areas:commercial damages, ownership disputes, economicanalysis, business valuation, lost profits analysis,fraud/forensic investigations, taxation, personal injury,wrongful termination, professional liability, and expertcross examination. Extensive public speaking back-ground assists in courtroom presentations.

KROLL777 South Figueroa Street, Suite 2400, Los Angeles, CA90017, (213) 443-6090, fax (213) 443-6054. Contact TroyDahlberg, CPA/ABV, tdahlberg@kroll.com, ChristianTregillis, CPA/ABV, ctregillis@kroll.com or Douglas Far-row, CPA/CFE, dfarrow@kroll.com. Investigations, eco-nomic damages and valuation firm with offices across thecountry and around the globe. Specialties include ac-counting, financial, economic and statistical analysis, aswell as computer forensics, in the context of commerciallitigation and forensic investigations; accounting/fraud, se-curities, intellectual property (including damages analy-ses, licensing and valuation), breach of contract, lost prof-its, royalty audits, corporate governance, business valua-tion, real estate, construction, and bankruptcy. Practition-ers include former partners at Big Four accounting firms,law enforcement/FBI, computer forensics, and appraisers.See display ad on page 63.

FIRE/EXPLOSIONS

CHEMICAL ACCIDENT RECONSTRUCTION SERVICES, INC.9121 East Tanque Verde Road, Suite 105, Tucson, AZ85749, (800) 645-3369, e-mail: service@chemaxx.com.Web site: www.chemaxx.com. Contact Dr. Michael Fox.Comprehensive chemical accident investigation—spe-cializing in complex industrial chemical accidents andchemical-related consumer product injuries, chemicalfires and explosions, chemical labeling, chemical packag-ing, handling and shipping, burns, warnings, chemical la-bels, MSDSs, disposal, chemical safety, EPA, OSHA,

60 Los Angeles Lawyer November 2006

DOT, propane, natural gas, hydrogen, flammable liquids,hazardous chemicals, aerosols (hairspray, spray paint, re-frigerants), DOT certified (hazardous materials shipment),certified fire and explosion investigator, OSHA processhazard analysis team leader, PhD. Physical Chemistry.Extensive experience in metallurgy, corrosion, and failureanalysis.

CAUSE & ORIGIN INVESTIGATION 6320 Canoga Avenue, Suite 1500, Woodland Hills, CA91367, (800) 872-8922, fax (800) 872-8908. Contact AlHernandez. Specialties: Full spectrum of consulting andcourt-qualified expert witness in fire origin and cause/ex-plosions/product and third-party liability/subrogation/fraudand wrongful death. Fire staff background of 180+ years,with investigative backgrounds from Los Angeles City FireDepartment (Arson), Los Angeles County Sheriff’s Office(Arson-Bomb), Los Angeles County Fire Department(Arson), Burbank Fire Department (Arson) and GlendalePolice Department since 1987. Degrees/license: (CA) PIlicense 12007; (NV) PI license 526.

THE MCMULLEN COMPANY, INC.1260 Lake Boulevard, Suite 250, Davis, CA 95616, (530)757-1291, fax (530) 757-1293, e-mail: tmc@davis.com.Web site: www.themcmullencompany.com. ContactJames F. McMullen. Former California state fire marshal.Fire/building code analysis, code compliance inspections,fire cause and origin investigation, fire services manage-ment review, emergency management planning and train-ing, hazardous materials programs, and fire safety-relatedproduct analysis. Forensic fire expert and litigation con-sultation. Senior associates are also located in SouthernCalifornia.

RIMKUS CONSULTING GROUP, INC.2677 North Main Street, Suite 300, Santa Ana, CA 92705,(877) 978-2044, fax (714) 978-2088, e-mail: cjyaworski@rimkus.com. Web site: www.rimkus.com. Contact CurtYaworski. Rimkus Consulting Group is a full-serviceforensic consulting firm. Since 1983, we have provided re-liable investigations, reports, and expert witness testi-mony around the world. Our engineers and consultantsanalyze the facts from origin and cause through extent ofloss. Services: construction defect and dispute analysis,vehicle accident reconstruction, fire cause and origin,property evaluation, mold evaluations, indoor air qualityassessments, biomechanical analysis, product failureanalysis, foundation investigations, industrial accidentsand explosions, water intrusion analysis, geotechnicalevaluations, construction accidents, construction dis-putes, financial analysis and assessments, forensic ac-counting, HVAC analysis, electrical failure analysis, andvideo/graphics computer animation. See display ad onpage 57.

FOOD SAFETY/HACCP

FOOD SAFETY & HACCP COMPLIANCE20938 De Mina Street, Woodland Hills, CA 91364, (818)703-7147, e-mail: jeffnelken@cs.com. Web site: www.foodsafetycoach.com. Contact Jeff Nelken, BS, MA.Forensic food safety expert knowledgeable in both foodsafety and hazard analysis critical control point programdevelopment. Specializes in expert witness testimony andlitigation consultant in matters regarding food safety, Q.A.HACCP, crisis management, food-borne illness, healthdepartment representation, food spoilage, allergy, andcustomer complaints. Performs inspections, vendor au-dits, and training. Hands-on food safety consultant forrestaurants, manufacturers, distributors, country clubs,schools, nursing homes, and casinos. NRA and NSFHACCP certified instructor. Thirty years of food and hospi-tality experience. Registered as a food handler instructorwith the Los Angeles County Health Department. Provider# 015. Forensic food safety expert. Food safety expert forCBS, NBC, Inside Edition, and CNN.

FORENSIC ACCOUNTING

BALLENGER, CLEVELAND & ISSA, LLC10990 Wilshire Boulevard, 16th Floor, Los Angeles, CA90024, (310) 873-1717, fax (310) 873-6600. ContactBruce W. Ballenger, CPA, executive managing direc-tor. Services available: assist counsel in determiningoverall strategy. Help evaluate depositions and evidence.Provide well-prepared, well-documented, and persuasivein-court testimony regarding complicated accounting, financial, and business valuation matters, fairness of inter-est rates, feasibility of reorganization plans, fraudulentconveyances, bankruptcies, mergers and acquisitions,and management misfeasance/malfeasance. More than100 open-court testimonies, federal and state, civil andcriminal. See display ad on page 63.

CORNERSTONE RESEARCH515 South Flower Street, Suite 2900, Los Angeles, CA90071, (213) 553-2500, fax (213) 553-2699, e-mail:gstrong@cornerstone.com. Web site: www.cornerstone.com. Contact George G. Strong, Jr. Cornerstone Re-search provides attorneys with expert testimony and eco-nomic and financial analyses in all phases of commerciallitigation. We work with faculty and industry experts in adistinctive partnership that combines the strengths of thebusiness and academic worlds. Our areas of expertise in-clude identifying and supporting expert witnesses in intel-lectual property, antitrust, securities, entertainment, realestate, financial institutions, and general business litiga-tion.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail:dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com. Contact David Nolte. Our professionals are experi-enced CPAs, MBAs, ASAs, CFAs, affiliated professors,and industry specialists. Our analysis and research com-bined with unique presentation techniques have resultedin an unequaled record of successful court cases andclient recoveries. Our expertise encompasses damagesanalysis, lost profit studies, business and intangible assetvaluations, appraisals, fraud investigations, statistics,forensic economic analysis, royalty audits, strategic andmarket assessments, computer forensics, electronic dis-covery, and analysis of computerized data. Degrees/li-censes: CPAs, CFAs, ASAs, PhDs and MBAs in account-ing, finance, economics, and related subjects. See dis-play ad on page 2.

VICENTI, LLOYD & STUTZMAN LLP2210 East Route 66, Suite 100, Glendora, CA 91740,(626) 857-7300, fax (626) 857-7302, e-mail: rstutzman@vlsllp.com. Web site: www.vlsllp.com. Contact RoyceStutzman, CVA, CPA/ABV, Chairman. Our certified pro-fessionals serve as consultants and experts in businessvaluations and litigation support. We conduct valuationsrelated to mergers and acquisitions, buy-sell agreements,purchase/sale of closely held businesses, partner dis-putes, etc. Our forensic accounting experts assess theamount of an economic loss, whether it be business inter-ruption from casualty, unfair competition, condemnation,damage caused by others, or loss of earnings from vari-ous events. Our fraud investigation team reviews docu-mentation, interviews witnesses and suspects, and as-sesses evidence to resolve allegations. We provide expertwitness testimony and implement fraud prevention pro-grams. VLS Celebrates 53 Years of Quality Service!

FORENSIC CLINICAL PSYCHOLOGIST

DEBRA S. BORYS, PHD, DABPFORENSIC PSYCHOLOGIST10921 Wilshire Boulevard, Suite 504, Los Angeles, CA90024, (310) 208-8992, fax (818) 784-8615, e-mail: dsborysphd@sbcglobal.net. Contact Debra S. Borys,PhD, DABPS, Forensic Psychologist. Psych. damagesevaluation, psych ethics/standard of care, dual relation-

Los Angeles Lawyer November 2006 61

■ EVALUATION■ TESTING■ TREATMENTNeurology and Electromyography

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ship or sex abuse/assault/harassment clergy, employ-ment, healthcare, academia, PTSD, adolescent to elderly;consult on case strategy; plaintiff or defense. Relevantpublications. UCLA-educated. LACPA Ethics Committeemember. Trial experience. Attorney references available.

FRANCHISING

LEON GOTTLIEBUS-INT’L RESTAURANT, HOTEL & FRANCHISECONSULTANT4601 Sendero Place, Tarzana, CA 91356-4821, (818) 757-1131, fax (818) 757-1816, e-mail: lgottlieb@aol.com. Website: http://members.aol.com/lgottlieb/myhomepage/busi-ness.html. Specialties: USA/Int’l restaurant/hotel/franchiseexperience since 1960. Hands-on consultant and expertwitness, all types of restaurants, franchises, fast food,training, manuals, safety, security, injury, operating stan-dards, and P&L damages. Former VP/Partner IHOP, di-rector to USA chains, author, arbitrator, and expert wit-ness.

FRAUD INVESTIGATIONS

STONEFIELD JOSEPHSON Valuation, Litigation and Forensic Services Group. 2049Century Park East, Suite 400, Los Angeles, CA 90067.(310) 453-9400. Web site: www.sjaccounting.com. Con-tact Jeff Sumpter or Stefano Vranca, directors of liti-gation support and forensic services, or Mark Stepka,director of business valuation services. The StonefieldJosephson Valuation, Litigation and Forensic ServicesGroup serves business leaders, attorneys, and other pro-fessionals with business valuation, litigation support, andforensic accounting services. Stonefield Josephsonserves public and privately held clients throughout theUnited States and internationally from four California loca-tions: Los Angeles, Orange County, San Francisco, andEast Bay. See display ad on page 11.

HEALTHCARE

SINAIKO HEALTHCARE CONSULTING, INC.1100 Glendon Avenue, Suite 1800, Los Angeles, CA90024, (310) 826-4935, fax (310) 826-4212, e-mail:jeff@sinaikohc.com. Web site: www.sinaikohc.com. Contact Jeff Sinaiko. Sinaiko is a nationally recognizedhealthcare consulting firm. Our professionals are hand-picked for their broad understanding of the industry, de-tailed expertise and superior communication skills. Clientshave found this expertise invaluable in litigation supportwhere there is no substitute for experience. Sinaiko’s liti-gation support practice includes, among others, industrystandard practices evaluations: Medicare/Medicaid fraud;provider/payor payment disputes; business valuation;transaction disputes; and facility and professional feebilling.

HUMAN FACTORS

D. WYLIE ASSOCIATESP.O. Box 60836, Santa Barbara, CA 93160, (805) 681-9289, fax (805) 681-9299. Web site: www.drivingfatigue.com. Contact Dennis Wylie. Internationally recognizedhuman factors expert on driver error, inattention, fatigue,car, truck, and bus driver skill and knowledge require-ments, driver and motor carrier standards of care, hoursof service violations, circadian rhythms, sleep debt, im-paired vigilance, alertness, decision making, reactiontime, and control responses. See display ad on page 47.

INSURANCE

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner. Na-tionally recognized banking, finance, insurance, and real

estate consulting group (established 1973). Experiencedlitigation consultants/experts include senior bankers,lenders, consultants, economists, accountants, insuranceunderwriters/brokers. Specialties: lending customs, prac-tices, policies, in all types of lending (real estate, busi-ness/commercial, construction, consumer/credit card),banking operations/administration, trusts and invest-ments, economic analysis and valuations/damages as-sessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

E.L. EVANS ASSOCIATES3310 Airport Avenue, Box # 2, Santa Monica, CA 90405,(310) 559-4005, fax (310) 390-9669, e-mail: elevans66@yahoo.com. Contact Gene Evans. Good faith/bad faith.Over 45 years’ experience⎯claims adjuster. Standardsand practices in the industry, litigation support, claimsconsultation, case review and evaluation, property/casu-alty claims, construction claims, uninsured/underinsuredmotorist claims, general liability, fire/water/mold claims,damage assessment, professional liability claims, ap-praisal under policy, arbitration, duty to defend, advertis-ing claims, coverage applications, and suspected fraudclaims. CV available on request. See display ad on page54.

FARMER, MURPHY, SMITH & ALLISTON3640 American River Drive, Suite 150, Sacramento, CA95864, (916) 484-3500, fax (916) 484-3510, e-mail: kcollins@farmermurphy.com. Web site: www.farmermurphy.com.Contact Kim H. Collins. With over 30 years of experienceas a bad faith/coverage litigator, and as a co-founder andBoard member of a California Legal Malpractice Insurer,Kim H. Collins devotes his time to expert testimony involv-ing coverage issues, claims issues, and underwriting is-sues for both plaintiffs and defendants. Mr. Collins alsoserves as an arbitrator/mediator involving coverage/badfaith disputes.

LAUNIE ASSOCIATES, INC.1165K Tunnel Road, Santa Barbara, CA 93105, (805)569-9175, fax (805) 687-8597, e-mail: jlaunie@cox.net.Contact Joseph J. Launie, PhD, CPCU, insurance professor, author, and consultant. Over 25 years’ expe-rience as expert witness in state and federal courts.Coauthor of books and articles on underwriting, insurancecompany operations, and punitive damages. Consulting,expert witness on underwriting, company and agency op-erations, and bad faith.

CLINTON E. MILLER, JD, BCFEINSURANCE BAD FAITH EXPERT502 Park Avenue, San Jose, CA 95110, (408) 279-1034,

fax (408) 279-3562, e-mail: cemcom@aol.com. ContactClint Miller. Insurance expert regarding claims, under-writing, agent and brokers errors and omissions, cover-age disputes, customs and practices, and bad faith. Seedisplay ad on page 53.

JANICE A. RAMSAY, ESQ.2 Park Plaza, Irvine, CA 92614, (949) 474-1880, (949)400-5040 (cell), fax (949) 474-7265, e-mail: jramsay@cox.net, jramsay@bergerkhan.com. Contact Janice A.Ramsay, Esq. Experience in testifying in depositions andat trial. Can provide consultation to litigation counsel onproperty insurance coverage issues and proper claimhandling. Have acted as appraiser, arbitrator, and media-tor in coverage disputes.

SHARP & ASSOCIATES; INSURANCE CONSULTANTS & EXPERTS. West coast office: 21520 Yorba Linda Boulevard, Suite G —257, Yorba Linda, CA. 92887, (213) 407-9957, Eastcoast office: 325 East Paces Ferry Road, Suite 1603, Atlanta, GA 30305, (213) 407-9957, e-mail: rsharp1959@aol.com Web site: www.sharpandassociates.org. Contact Robert Sharp. Good faith/bad faith. In regard toall insurance related issues and insurance industry stan-dards. Mr. Sharp has 33 years of experience, and retiredas president and CEO of a property-casualty insurancecompany. He also held the positions of senior vice presi-dent claims and executive vice president. He is providingservices to law firms, insurance companies, and corpora-tions as a consultant and expert. Mr. Sharp has testified instate and federal court in insurance related matters suchas property/casualty claims, sales and underwriting is-sues, policy cancellations, coverage denials, general lia-bility, uninsured/underinsured claims, and bad faithclaims. CV upon request. For immediate background in-formation please see my Web site, as listed above.

BARRY ZALMA, ZALMA INSURANCE CONSULTANTS4441 Sepulveda Boulevard, Culver City, CA 90230, (310)390-4455, fax (310) 391-5614, e-mail: zalma@zalma.com.Web site: www.zalma.com or www.zic.bz. Contact BarryZalma. Insurance coverage, insurance fraud, insuranceclaims, insurance bad faith consultant, and expert wit-ness. Author of Construction Defects: Litigation andClaims, Insurance Claims—A Comprehensive Guide andMold: A Comprehensive Claims.

INSURANCE BAD FAITH

DAVID F. PETERSON10681 Encino Drive, Oak View, CA 93022, (805) 649-8557, fax (805) 649-5957, e-mail dfpet@sbcglobal.netContact David F. Peterson. Fourteen years of claim ex-perience. Twenty-five years as a bad faith and coverageattorney. Qualified and testified in over 74 trials on badfaith (first and third party), underwriting, legal malpractice,coverage, and advice of counsel. Testimony for insuredsand insurers in federal and state courts in California, Ari-zona, Nebraska, Nevada, Saint Lucia, West Indies, andU.S. Virgin Islands.

INTELLECTUAL PROPERTY

CORNERSTONE RESEARCH515 South Flower Street, Suite 2900, Los Angeles, CA90071, (213) 553-2500, fax (213) 553-2699, e-mail:gstrong@cornerstone.com. Web site: www.cornerstone.com. Contact George G. Strong, Jr. Cornerstone Research provides attorneys with expert testimony andeconomic and financial analyses in all phases of commer-cial litigation. We work with faculty and industry experts ina distinctive partnership that combines the strengths ofthe business and academic worlds. Our areas of exper-tise include identifying and supporting expert witnesses inintellectual property, antitrust, securities, entertainment,real estate, financial institutions, and general business liti-gation.

62 Los Angeles Lawyer November 2006

GLENN M. GELMAN & ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS1940 East 17th Street, Santa Ana, CA 92705, (714) 667-2600, fax (714) 667-2636. Web site: www.gmgcpa.com.Contact Glenn Gelman. Expert witness testimony, strat-egy development, document discovery, deposition assis-tance, computation of damages, arbitration consulting,forensic accounting, investigative auditing, rebuttal testi-mony, fiduciary accountings, and trial exhibit preparation.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witnesstestimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex-pert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS auditdefense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

INVESTIGATIONS

BENCHMARK INVESTIGATIONS32158 Camino Capistrano, # A-415, San JuanCapistrano, CA 92675, (800) 248-7721, fax (949) 248-0208, e-mail: zimmerpi@pacbell.net. Web site: www.BenchmarkInvestigations.com. Contact Jim Zimmer,CPI. National agency. Professional investigations with em-phasis upon accuracy, detail, and expedience. Asset/fi-nancial searches, background investigation, DMVsearches, domestic/marital cases, due diligence, processservice, surveillance/photograph, witness location, andstatements. LA branch plus correspondents nationwide.Multilingual agents. Fully insured.

FULCRUM FINANCIAL INQUIRY1000 Wilshire Boulevard, Suite 1650, Los Angeles, CA90017, (213) 787-4100, fax (213) 787-4141, e-mail: dnolte@fulcruminquiry.com. Web site: www.fulcruminquiry.com.Contact David Nolte. Our professionals are experiencedCPAs, MBAs, ASAs, CFAs, affiliated professors, and in-dustry specialists. Our analysis and research combinedwith unique presentation techniques have resulted in anunequaled record of successful court cases and client re-coveries. Our expertise encompasses damages analysis,

Los Angeles Lawyer November 2006 63

EXPERT WITNESS

INDUSTRIAL/COMMERCIALREAL ESTATE

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ARNOLD L. GILBERG, M.D., PH.DEXPERT WITNESS • PSYCHIATRY

• Appointed by 3 Governors to Medical Board ofCalifornia MQRC 11th District (1982-1991)

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lost profit studies, business and intangible asset valua-tions, appraisals, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, computer forensics, electronic discovery,and analysis of computerized data. Degrees/licenses:CPAs, CFAs, ASAs, PhDs and MBAs in accounting, fi-nance, economics, and related subjects. See display adon page 2.

LANDSCAPE ARCHITECTURE

KAMMEYER & ASSOCIATES, INC.2837 Kellogg Avenue, Corona, CA 92881, (951) 371-2444, fax (951) 371-4719, e-mail: ken@kammeyer.com.Web site: www.kammeyer.com. Contact Ken Kam-meyer, CLARB. Forensic landscape architects. Land-scape construction, water use, irrigation CIMIS studies,ground maintenance, agriculture, turf grass management,site drainage, erosion control, and playground safety.Past president California State Board of Landscape Archi-tects, faculty at council UCLA extension, 35 years.

LEGAL MALPRACTICE

PHILLIP FELDMAN, BS, MBA, JD, AV15250 Ventura Boulevard, Suite 610, Sherman Oaks, CA91403-3287, (310) LEG MALP (534-6257), fax (818) 986-1757, e-mail: legmalpexpert@aol.com. Web site: www.legalmalpracticeexperts.com. Contact Phillip Feldman.Board certified in legal and medical malpractice by CA,ABA, ABPLA. Former Judge Pro Tem, State Bar Prosecu-tor. Fee Dispute Arbitrator. Thirty-nine years as litigator/transactional attorney, supervising partner. Twenty-sixyears as expert. Any standard of care, conduct, causa-tion, fiduciary duty, ethics, or fee dispute issues. Any un-derlying matter, transaction or litigation. (Also defendslawyers before the State Bar, and preventive law. Stare-BarDefense@aol.com).

BOYD S. LEMONVentura office (805) 667-2137, Beverly Hills office (310)860-4767. Contact Boyd S. Lemon. Experienced expertwitness in legal malpractice and attorney fee disputecases, 40 years of business trial experience, extensivemalpractice litigation experience, retained expert witnessin over 700 cases, former litigation department chairmanmajor law firm, State Bar disciplinary committee, andcourt appointed mediator and arbitrator. See display adon page 54.

LAW OFFICES OF CHRISTOPHER ROLIN5707 Corsa Avenue, Suite 106, Westlake Village, CA91362, (818) 707-7065, fax (818) 735-9992, e-mail:crolin@chrisrolin.com. Web site: www.chrisrolin.com.Contact Christopher Rolin. Christopher Rolin is a highlyeffective trial attorney with over 38 years of trial activity incivil litigation. His area of emphasis is attorney malprac-tice, focusing on the applicable community standard ofcare for practicing attorneys in the litigation areas. His trialexperience has resulted in numerous assignments as anexpert witness on trial and standards of care issues. Hehas been retained as an expert by both plaintiffs and de-fendants in legal malpractice cases. He has spoken be-fore numerous professional groups concerning trial prac-tice issues.

LITIGATION

THE CAPANALYSIS GROUP, LLC 550 South Hope Street, Suite 1100, Los Angeles, CA90071, (213) 892-1832, fax (213) 892-2300, e-mail: wilde@capanalysis.com. Web site: www.capanalysis.com.Contact Evy Wild, JD. Specialties: economic, financial,accounting, and statistical analysis for complex litigation,arbitration, regulatory proceedings, and strategic corpo-rate decision making. Assist attorneys with discovery,identification of relevant economic and financial issues,preparation of analytical models, critique of opposing ex-

perts, and expert testimony in federal and state courts,and before the FTC and DOJ. Handle matters before theEC, the ITC, and the U.S. Court of international trade.Areas of expertise include antitrust (including cutting-edge analyses of market definition, market power, coordi-nated interactions, and unilateral effects), economic dam-ages, business valuation, investigative and forensic ac-counting and auditing, intellectual property (includingpatent, trademark, and copyright infringement, and valua-tion of intellectual property), insurance coverage, contractdisputes and tort claims, mergers and acquisitions, secu-rities fraud, and full range of jury consulting services. De-grees/licenses: CPAs, CFEs, CVAs, JDs, PhDs.

ECON ONE RESEARCH, INC.601 West Fifth Street, 5th Floor, Los Angeles, CA 90071,(213) 624-9600, fax (213) 624-6994, e-mail: lskylar@econone.com. Web site: www.econone.com. ContactLisa Skylar, general manager. Econ One is an economicresearch and consulting firm with extensive experiencecombining theory and empirical analyses. We understandthe need for clear, accurate, persuasive answers to com-plex problems. We work with our clients to keep our ef-forts focused on necessary tasks, with close attention tocosts. We provide economic analysis and expert testi-mony in many areas, including: antitrust, contract dis-putes, damages analysis/calculations, intellectual prop-erty and patent infringement, market analysis, regulation,employment issues, and unfair competition.

SINAIKO HEALTHCARE CONSULTING, INC.1100 Glendon Avenue, Suite 1800, Los Angeles, CA90024, (310) 826-4935, fax (310) 826-4212, e-mail:jeff@sinaikohc.com. Web site: www.sinaikohc.com. Contact Jeff Sinaiko. Sinaiko is a nationally recognizedhealthcare consulting firm. Our professionals are hand-picked for their broad understanding of the industry, de-tailed expertise and superior communication skills. Clientshave found this expertise invaluable in litigation supportwhere there is no substitute for experience. Sinaiko’s liti-gation support practice includes, among others, industrystandard practices evaluations: Medicare/Medicaid fraud;provider/payor payment disputes; business valuation;transaction disputes; and facility and professional feebilling.

SANLI PASTORE & HILL, INC.1990 South Bundy Drive, Suite 800, Los Angeles, CA90025, (310) 571-3400, fax (310) 571-3420, Web site ad-dress: www.sphvalue.com. Contact Nevin Sanli or TomPastore. Sanli Pastore & Hill, Inc. is a premier provider ofbusiness valuation and valuation advisory services, spe-cializing in litigation support and expert witness testimony.Services include valuations for goodwill loss, estate andgift tax planning (family limited partnerships), lost profitanalysis, mergers and acquisitions, goodwill impairment,fairness and solvency opinions, ESOPs, incentive stockoptions, capital raises, corporate, partnership, and maritaldissolutions. Comprehensive economic, industry, andmarket research. Extensive experience in expert witnesstestimony, pretrial preparation, and settlement negotia-tions. See display ad on page 44.

MARKETING/ADVERTISING/MEDIA

LARRY STEVEN LONDRE/LONDRE MARKETINGCONSULTANTS, LLC11072 Cashmere Street, Second Floor, Los Angeles, CA90049, (310) 889-0220, fax (310) 889-0221, e-mail: LSL@Londremarketing.com. Web site: www.Londremarketing.com. Contact Larry Steven Londre. Expert in market-ing, advertising, media, communication, advertisingagencies, clients, trademarks, and global marketing.Also senior lecturer at USC, CSUN, and Pepperdine Universities.

64 Los Angeles Lawyer November 2006

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MECHANICAL ENGINEERING

CTG FORENSICS, INC.16 Technology Drive, Suite 109, Irvine, CA 92618,(949) 790-0010, fax (949) 790-0020, e-mail: mlewis@CTGforensics.com. Web site: www.CTGforensics.com.Contact Dr. Malcolm Lewis, PE. Construction-relatedengineering, plumbing, mechanical (heating, ventilating,A/C) and electrical (power, lighting), energy systems, resi-dential and nonresidential buildings, construction defects,construction claims, and mold.

MEDICAL

AMFS, INC. (AMERICAN MEDICAL FORENSICSPECIALIST)2640 Telegraph Avenue, Berkeley, CA 94704, (800) 275-8903, (510) 549-1693, fax (510) 486-1255, e-mail:medicalexperts@amfs.com, Web page: www.medicalexperts.com. Contact Barry Gustin, MD, MPH,FACEP. AMFS is a physician and attorney managedcompany that provides initial in-house case screenings by72 multidisciplinary physician partners. Medical expertsare matched to meet case requirements by AMFS Physi-cian Partners from our panel of over 3,500 carefully pre-screened board-certified practicing specialists in Califor-nia. All recognized medical specialties. Plaintiff and de-fense. Fast, thorough, objective, and cost-effective. Med-ical negligence, hospital and managed care, personal in-jury, product liability, and toxic torts. “A 92 percent winrecord” –California Lawyer magazine. Ask about our evi-dence based causation program and money-back guar-antees. See display ad on page 64.

BEHROOZ (BRUCE) BROUKHIM, MD10640 Riverside Drive, North Hollywood, CA, 9763 WestPico Boulevard, Suite 200, Los Angeles, CA, (818) 755-6500, (310) 552-1488 (LA), fax (818) 980-7144. ContactCathy Vega. Board-certified orthopedic surgeon. Shoul-der, knee, and hip surgery, arthroscopic surgery, neckand back injury evaluation and treatment, personal injury,workers’ compensation, QME, IME, and AME. Member:American Academy of Orthopedic Surgeons, AmericanBoard of Ortho Surgeons, Arthroscopic Association ofNorth America, International Society of Arthroscopy, KneeSurgery and Ortho Sports Medicine. Twenty-five years ofexperience in orthopedic medical legal work and experttestimony. See display ad on page 72.

ROUGHAN & ASSOCIATES AT LINC.114 West Colorado Boulevard, Monrovia, CA 91016, (626) 303-6333, fax (626) 303-8080, e-mail: janr@linc.bizContact Jan Roughan. Specialties: Roughan and Asso-ciates at LINC is a case management and medical/legalconsulting firm. Services/products offered include 1) Lifecare planning/future medical costs, 2) Expert testimony,3) Independent medical evaluation (IME) specialists iden-tification, merit analysis. Medical chronologies, atten-dance at IMEs/mediation/arbitrations, and settlement con-ferences.

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MEDICAL/DERMATOLOGY

STANLEY M. BIERMAN, MD, FACP2080 Century Park East, #1008, Los Angeles, CA 90067,(310) 553-3567, fax (310) 553-4538, e-mail: sbiermanmd@aol.com. Contact Stanley Bierman, MD. Dr. Bierman isan expert witness in matters relating to diagnosis andtreatment of skin cancers as well as matters relating tosexually transmitted diseases. Dr. Bierman is HonoraryAssociate professor of medicine and past president ofLos Angeles Dermatologic Society.

RICHARD D. HORNICHTER, MD450 North Bedford Drive, Suite 209, Beverly Hills, CA90210, (310) 274-7336, fax (310) 858-6972, e-mail:docrdh@sbcglobal.net. Web site: www.diabetesdoc.com.Contact Richard D. Hornichter, MD. Diabetes and en-docrinology. Diabetes and associated complications: am-putation, retinopathy, vascular etc. Experienced in med-ical record review, opinion, and expert witness testimony.CV and prior medical/legal experience data available.Clinical Assoc. Prof. UCLA. Degrees/licenses: MD (CAand TX).

MEDICAL/EMERGENCY MEDICINE

BERNARD T. MCNAMARA, MD409 North Pacific Coast Highway, Suite 923, RedondoBeach, CA 90277, (310) 480-4770, fax (310) 943-3274, e-mail: mcnamarab12749@msn.com. Contact BernardT. McNamara, MD. Current practice, full time emergencymedicine, and assistant clinical Professor of Medicine atLos Angeles County-USC Medical Center. Over 20 yearsof experience in the practice of emergency medicine, in-fectious diseases, and HIV/AIDS. Experience in medicalmalpractice for both plaintiff and defense. Board certified,emergency medicine since 1987; board certified, infec-tious diseases since 1984; board certified, internal medi-cine since 1980. Degrees/licenses: MD; Fellow, AmericanCollege of Physicians; Fellow, American College of Emer-gency Medicine; Fellow, American Academy of Emer-gency Medicine; and member, Infectious Disease Societyof America; OCMA (Orange County Medical Associa-tion,); and CMA (California Medical Association); Lic: (CA,WA); CA Lic-G36838 since 1978, WA Lic-MD00041205since 2002.

ROBERT WAGMEISTER, MD, FACS2001 Santa Monica Boulevard, #690-W, Santa Monica,CA 90404, (310) 828-5626, fax (310) 828-2826, e-mail:rwagmd@aol.com. Contact Robert Wagmeister, MD,FACS. Vascular surgery: diseases, trauma, and surgeryof the circulation, both arterial and venous. Includescarotid surgery, aneurysms, bypass surgery, dialysissurgery, amputations, pulmonary embolus, and phlebitis.Special certification in vascular surgery. Member ofSouthern California Vascular Surgery Society, Society forVascular Surgery, Society for Clinical Vascular Surgeryand Peripheral Vascular Surgery Society. Extensive expe-rience, numerous cases each year, depositions, expertwitness; court appearance as required. Birth date: May16, 1949. MD, Tufts Medical School, 1974.

BRUCE WAPEN, MD EMERGENCY MEDICINE EXPERT969-G Edgewater Boulevard, Suite 807, Foster City, CA94404-3760, (650) 577-8635, fax (650) 577-0191, e-mail:ExpertWitness@DrWapen.com. Web site: www.DrWapen.com. Contact Bruce Wapen, MD. Board-certified emer-gency physician and experienced teacher/public speakeroffers consultation, chart review, and testimony as an ex-pert witness for defense or plaintiff involving litigation aris-ing from the emergency department.

MEDICAL/INFECTIOUS DISEASE

BERNARD T. MCNAMARA, MD409 North Pacific Coast Highway, Suite 923, RedondoBeach, CA 90277, (310) 480-4770, fax (310) 943-3274, e-mail: mcnamarab12749@msn.com. Contact BernardT. McNamara, MD. Current practice, full time emergencymedicine, and assistant clinical Professor of Medicine atLos Angeles County-USC Medical Center. Over 20 yearsof experience in the practice of emergency medicine, in-fectious diseases, and HIV/AIDS. Experience in medicalmalpractice for both plaintiff and defense. Board certified,emergency medicine since 1987; board certified, infec-tious diseases since 1984; board certified, internal medi-cine since 1980. Degrees/licenses: MD; Fellow, AmericanCollege of Physicians; Fellow, American College of Emer-gency Medicine; Fellow, American Academy of Emer-gency Medicine; and member, Infectious Disease Societyof America; OCMA (Orange County Medical Associa-tion,); and CMA (California Medical Association); Lic: (CA,WA); CA Lic-G36838 since 1978, WA Lic-MD00041205since 2002.

MEDICAL/NEUROLOGY

ROGER V. BERTOLDI, MD8610 South Sepulveda Boulevard, Suite 200, Los Ange-les, CA 90045-4810, (310) 670-5555, fax (310) 670-9222.Web site: www.rbertold.bol.ucla.edu. Contact Rosa.Traumatic brain injury (TBI): Neuro behavior-anatomical-functional (PET, brain-mapping, neuropsychological)workup and treatment. Diplomate (ABPN) qualification inclinical neurophysiology: electrodiagnostics of elec-tromyography (EMG), electroencephalography (EEG),and evoked potentials for carpal tunnel syndrome (CTS),complex regional pain syndrome (CRPS), back painradiculopathy, peripheral nerve injuries, neurotoxic in-juries, and chronic pain, somatoform disorders, epilepsy,dementia, headache, assistant clinical professor of neu-rology, UCLA, AME, QME, IME.

MEDICAL/NEUROLOGY/PERSONAL INJURY

ANDREW WOO, MD, PHD2021 Santa Monica Boulevard, Suite 525-E, Santa Mon-ica, CA 90404, (310) 829-2126, fax (310) 998-8887,e-mail: ahwoo@ucla.edu. Contact Gail. Board-certifiedneurology, clinical assistant professor UCLA, personal injury, pain, carpal tunnel, spine, memory, seizure, sleep,and clinical protocols. Multiple sclerosis, migraine, andstroke. Education: AB Cornell University, MD and PhDBrown University; residency + EMG/EEG fellowshipUCLA; Advisory Boards: L.A. Neurologic Society, St.John’s Sleep Lab; honors: Who’s Who in Medicine (2001)and science/engineering (1993), international electro-physiology Young Investigator (1997), UCLA NeurologyTeaching Awards (1994, 1996, 2006), American AcademyNeurology Research (1991), Brown University Sigma XI(1989), and research/publications (14), lectures (250).

MEDICAL/NEUROPSYCHOLOGY

PHILIP K. STENQUIST, PHDStenquist Neurocognitive Laboratories, 6230 WilshireBoulevard, Suite 37, Los Angeles, CA 90048, (323) 957-4700, fax (661) 291-1741, e-mail: info@neurologlab.com.Web site: www.neurologlab.com. Contact Philip K Stenquist, PhD. Specialties: Neurocognitive examinationand diagnosis of all types of traumatic, toxic, and infec-tious neurological disorders. Consultation on all matters ofpersonal injury, disability, and patient veracity. We use notechnicians or para-professionals. Birthdate: July 21,1956. Birthplace: New York, NY. Education: BA, CognitiveScience, Florida Atlantic University, College of Science1980; PhD, Clinical psychology, Southern Illinois Univer-sity, 1987. Certifications/licenses: Diplomate, AmericanBoard of Clinical Neuropsychology; American Board ofProfessional Psychology. Previous positions/appoint-ments: Current Assistant Clinical Professor, Department of

Los Angeles Lawyer November 2006 65

Neurospychology, UCLA School of Medicine; Examiner,American Board of Clinical Neuropsychology; AmerPsych Assn. Number of publications: Seven. Member-ship in professional societies: American Academy ofClinical Neuropsychology; International Neuropsycho-logical Society; Division 40 APA; National Academy ofNeuropsycology, consulting/expert. Witness experience,criminal: 15 years of expert witness experience in PI,disability, and testamentary capacity. Full CV and feeson request. Degree/licenses: PhD; CA Lic. PSY 11042;ABPP; ABCN.

MEDICAL/PATHOLOGY

LESTHER WINKLER, MDEncino-Tarzana Regional Medicine Center Pathologist.(consulting emeritus status) 10155 Topeka Drive, North-ridge, CA 91324, (818) 349-8568, fax (818) 993-9701.Contact Lesther Winkler, MD. Specialties: surgical andautopsy pathology, clinical pathology. Forty years of expe-rience in reviewing medical records (hospital records, of-fice records) with emphasis on pathology aspects, grossand microscopic, and relationships to general medicaland hospital care. Experience with hospital bylaws, rules,and regulations, consent issues, and medical staff privi-leges. Also experienced in hospital healthcare law, med-ical, hospital, and “outside” ethical medical issues. Helpedestablish concepts and chaired hospital ethics committeesfor more than 10 years. Represented physicians beforeCalifornia Medical Board when requested by attorneys.Degrees/licenses: MD. See display ad on page 74.

MEDICAL/PLASTIC AND COSMETIC RECONSTRUCTIVE SURGERY

JOHN M. SHAMOUN, MD, FACS, INC.360 San Miguel, Suite 406, Newport Beach, CA 92660,(949) 759-3077, fax (949) 759-5458, e-mail:jmshamoun@aol.com. Web site: www.ideallook.com.Contact Yvonne. Specialties: only plastic surgeon in theUnited States board certified by the 1) American Board ofSurgery, 2) American Board of Plastic Surgery, 3) Ameri-can Board of Facial Plastic and Reconstructive Surgery,and 4) American Board of Forensic Medicine. Extensiveexperience in all aspects of cosmetic, plastic, and recon-structive surgery of the breast, nose, face, eye, and body.Well-published author of several textbook chapters andjournal articles related to above topics. Extensive experi-ence in medical malpractice case review, consultation,written evaluation and testimony in depositions and trialfor plaintiff and defense. Articulate subspecialty consul-tant with up-to-date knowledge and expertise of plasticsurgery literature and standards of care. Opinions sup-ported by extensive subspecialty education, training, andexperience.

MEDICAL/TOXICOLOGY

JONATHAN S. RUTCHIK, MD, MPH, QME20 Sunnyside Avenue, Suite A-321, Mill Valley, CA 94941,(415) 381-3133, fax (415) 381-3131, e-mail: jsrutch@neoma.com. Web site: www.neoma.com. Jonathan S.Rutchik, MD, MPH is a physician who is board certified inboth Neurology and Occupational and EnvironmentalMedicine. He provides clinical evaluations and treatment,including electromyography, of individuals and popula-tions with suspected neurological illness secondary toworkplace injuries or chemical exposure. Services includemedical record and utilization review and consulting to in-dustrial, legal, government, pharmaceutical, and acade-mic institutions on topics such as metals and solvents,mold illness, Baychol issues, Persian Gulf War syndrome,musicians’ injuries, and others. See display ad on thispage 61.

MEDICAL/UROLOGY

DUDLEY SETH DANOFF, MD, FACSCedars-Sinai Medical Center, 8635 West 3rd Street, Suite

One West, Los Angeles, CA 90048, (310) 854-9898, fax(310) 854-0267, e-mail: danoff@aol.com. Web site:www.towerurology.com. Contact Dudley Seth Danoff,MD, FACS. Experience in urologic case review and testi-mony for plaintiff and defense, court experience, andstrategies. Extensive expertise in prostate, bladder, andkidney cancers; kidney transplantation; pelvic trauma;sexual dysfunction; penile implants; incontinence; infec-tions; and stone disease. Publishing experience in scien-tific journals, books, lectures, training seminars, andcourse directorships. Princeton University, Summa CumLaude; Yale Medical School; Columbia University urologictraining; Major, U.S. Air Force; Who’s Who in America;Academic appointment. Detailed CV available.

MEDICAL MALPRACTICE

LESTHER WINKLER, MDEncino-Tarzana Regional Medicine Center Pathologist.(consulting emeritus status) 10155 Topeka Drive, North-ridge, CA 91324, (818) 349-8568, fax (818) 993-9701.Contact Lesther Winkler, MD. Specialties: surgical andautopsy pathology, clinical pathology. Forty years of ex-perience in reviewing medical records (hospital records,office records) with emphasis on pathology aspects,gross and microscopic, and relationships to general med-ical and hospital care. Experience with hospital bylaws,rules, and regulations, consent issues, and medical staffprivileges. Also experienced in hospital healthcare law,medical, hospital, and “outside” ethical medical issues.Helped establish concepts and chaired hospital ethicscommittees for more than 10 years. Represented physi-cians before California Medical Board when requested byattorneys. Degrees/licenses: MD. See display ad onpage 74.

METALLURGICAL AND CORROSION ENGINEER

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: kars@karslab.com. Web site: www.karslab.com. Contact Drs. Ramesh J. Kar or Naresh J. Kar.Southern California’s premier materials/mechanical/metal-lurgical/structural/forensics laboratory. Registered profes-sional engineers with 20-plus years in metallurgical/foren-sic/structural failure analysis. Experienced with automo-tive, bicycles, tires, fire, paint, plumbing, corrosion, andstructural failures. We work on both plaintiff and defen-dant cases. Complete in-house capabilities for tests. Ex-tensive deposition and courtroom experience (civil andcriminal investigations). Principals are fellows of AmericanSociety for Metals and board-certified diplomates, Ameri-can Board of Forensic Examiners. See display ad onpage 72.

METALLURGY

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: kars@karslab.com. Web site: www.karslab.com. Contact Drs. Ramesh J. Kar or Naresh J. Kar.Southern California’s premier materials/mechanical/metal-lurgical/structural/forensics laboratory. Registered profes-sional engineers with 20-plus years in metallurgical/foren-sic/structural failure analysis. Experienced with automo-tive, bicycles, tires, fire, paint, plumbing, corrosion, andstructural failures. We work on both plaintiff and defen-dant cases. Complete in-house capabilities for tests. Ex-tensive deposition and courtroom experience (civil andcriminal investigations). Principals are fellows of AmericanSociety for Metals and board-certified diplomates, Ameri-can Board of Forensic Examiners. See display ad onpage 72.

SEAL LABORATORIES250 North Nash Street, El Segundo, CA 90245, (310) 322-

2011, fax (310) 322-2243. E-mail: akumar@seallabs.com.Web site: www.seallabs.com. Contact Arun Kumar,PhD, president. Materials failure analysis, product liabil-ity, and patent infringement support. Case evaluation andstrategy, analytical support, and expert witness testimony.Metals, composites, plastics, and glass. Airplanes, autos,helicopters, motorcycles, consumer products, medicaldevices, prostheses and implants, and electrical compo-nents. Analysis of failure due to fatigue, overload, corro-sion, wear, or manufacturing/material defect.

METEOROLOGY

AIR, WEATHER, & SEA CONDITIONS, INC.P.O. Box 512, Pacific Palisades, CA 90272, (818) 645-8632, fax (310) 454-7569, e-mail: airweather@aol.com.Web site: www.weatherman.org. Contact Jay Rosenthal.Experienced and authoritative expert testimony, reportsand analyses of wind, rain, flooding, waves; specialist inauto/boat/ship/aircraft accident reconstruction, propertydamage, slip and falls, construction, mold issues, home-land security applications, air pollution, transport, and riskidentification. Movie industry applications, cinematogra-phy, and visual effects. Determining unusualness, nor-malcy, and foreseeability. Official data, site visits, clearand convincing testimony. See display ad on page 55.

GOLDEN GATE WEATHER781 McDuff Avenue, Fremont, CA 94539, (510) 657-2246,fax (510) 315-3015, e-mail: jnull@ggweather.com. Website: http://ggweather.com. Contact Jan Null. Certifiedconsulting meteorologist experienced at trial and deposi-tions. Weather event reconstruction and expert analysisfor rain, storms, wind, snow, flooding, ice, fog, and otherweather events. Twenty-three years’ experience with Na-tional Weather Service. Degrees: BS, MA, CCM.

NURSING/SURGERY

MED-LINK3362 Budleigh Drive, Hacienda Heights, CA 91745, (626)333-5110, fax (626) 968-0064, e-mail: dorothypollock@adelphia.net. Contact Dorothy Pollock, LNCC. Regis-tered nurse with 38 years’ clinical experience. Non-testify-ing services include case analysis/for merit, chronology,translation, written reports, medical record organization.DME/IME accompaniment including tape recording andwritten report. Expert witness and testifying services, in-cluding affidavit, arbitration, declaration, deposition, andtrial. Courtroom experienced both plaintiff and defense.

ORTHOPEDIC SURGEON

MARC J. FRIEDMAN, MD6815 Noble Avenue, Van Nuys, CA 91405, (818) 901-6600, fax (818) 901-6685, e-mail: mfriedman@scoi.com.Web site: www.scoi.com. Contact Jai Giles. Orthopedicshoulder and knee, consulting, and expert witness testi-mony. IME, AME, QME and workers’ compensation evalu-ations. See display ad on page 67.

RICHARD C. ROSENBERG, MD18370 Burbank Boulevard, Suite 614, Tarzana, CA 91356,(818) 996-6800, fax (818) 996-2929, e-mail: rcrnsx@aol.com. Web site: www.drrosenberg.com. Orthopedicsurgery, sports medicine, and physical therapy. Experi-enced in IME, QME, agreed medical exams, med/legal re-ports, and expert witness testimony. Personal injury andworkers’ compensation. Additional office in Oxnard, California.

GRAHAM A. PURCELL, MD, INC.Assistant Clinical Professor Orthopaedic Surgery, UCLA3600 Wrightwood Drive, Studio City, CA 91604, (818) 985-3051, fax (818) 985-3049, e-mail: expert@gpurcellmd.com. Web site: gpurcellmd.com. Contact Graham A.Purcell, MD. Dr. Purcell is a board certified orthopedicsurgeon, sub-specialty in spinal disorders affectingadults and children. Examples of spinal disorders treated

66 Los Angeles Lawyer November 2006

by Dr. Purcell include disc diseases, stenosis, infections,tumors, injuries, and deformities including scoliosis. Hepossesses 26 years of orthopedic and 17 years of med-legal experience, including defense, plaintiff, insurancecarriers, CA Attorney General’s office and Public Defend-er’s office. Expert testimony pertains to med-mal, personalinjury, and workers’ compensation cases. As qualifiedmedical evaluator, Dr. Purcell has extensive experience inperforming QMEs, AMEs, IMEs, WC evals.

RICHARD W. VANIS, MD, MPH301 West Huntington Drive, Suite 617, Arcadia, CA 91007,(626) 574-9745, fax (626) 574-1791, e-mail: mary@richardvanis.com. Contact Richard W. Vanis, MD,MPH. Orthopedic consulting, examinations, expert wit-ness testimony and record review. Board Certified ortho-pedic surgeon specializing in total joint replacements,arthroscopy, and sports medicine. Experienced AME,IME, expert witness, and trial and deposition testimony.

PATENT

NORDMAN CORMANY HAIR & COMPTON LLP1000 Town Center Drive, 6th Floor (P.O. Box 9100), Oxnard, CA 93031-9100, (805) 988-8386, fax (805) 988-7786, e-mail: pbright@nchc.com. Web site: www.nchc.com. Contact Patrick F. Bright. Mr. Bright’s educationand experience qualify him as an expert on patent law is-sues, including validity, infringement and damages is-sues. He has testified in depositions as an expert manytimes, and has testified at trials as an expert at least threetimes. In one case where he testified for plaintiff, plaintiffrecovered a judgment in excess of $25 million. In anothercase, the party for whom he testified defeated the plain-tiff’s claims.

PEDIATRIC EXPERT WITNESS

MICHAEL WEINRAUB, MD201 Santa Fe Avenue, Suite 307, Los Angeles, CA 90012,(213) 742-0421, fax (213) 617-1187, e-mail: weinraub@sbcglobal.net. Contact Michael Weinraub, MD.Consultation, litigation support, and trial testimony for pediatric cases; malpractice, product liability, personal in-jury, child abuse, foster care, developmental disabilities,ADHD, and fetal alcohol spectrum disorder.

PERSONAL INJURY

ARGOS ENGINEERING44 Argos, Laguna Niguel, CA 92677, (949) 363-8205, fax(949) 429-5972, e-mail: johndpratt@cox.net. Web site:www.argos-engineering.com. Contact John D. Pratt,PhD, PE. Litigation consulting, testing, inspections, depo-sition, and trial testimony.

WHITE, ZUCKERMAN, WARSAVSKY, LUNA,WOLF & HUNT14455 Ventura Boulevard, Suite 300, Sherman Oaks, CA91423, (818) 981-4226, fax (818) 981-4278, and 363 SanMiguel Drive, Suite 130, Newport Beach, CA 92660, (949)219-9816, fax (949) 219-9095, e-mail: expert@wzwlw.com. Contact Barbara Luna, Drew Hunt, Paul White,Jack Zuckerman, Fred Warsavsky, and Bill Wolf. Ex-pert witness testimony for complex litigation involvingdamage analyses of lost profits, unjust enrichment, rea-sonable royalties, lost earnings, lost value of business,forensic accounting, fraud investigation, investigativeanalysis of liability, marital dissolution, and tax planningand preparation. Excellent communicators with extensivetestimony experience. Prior Big Four accounts. Special-ties includes accounting, breach of contract, business in-terruption, business dissolution, construction defects, de-lays and cost overruns, fraud, insurance bad faith, intel-lectual property including trademark, patent and copy-right infringement, and trade secrets, malpractice, maritaldissolution, personal injury, product liability, real estate,spousal support, tax planning and preparation, IRS audit

Los Angeles Lawyer November 2006 67

Princeton University and Cornell Medical School

Board Certified Orthopedic Surgeon

Fellowship Sports MedicineFellow American Academy of Orthopedic SurgeonsFellow in the Arthroscopy Association of North America Fellow in the International Arthroscopy AssociationFellow in the International Knee SocietyFellow in the American Orthopedic Society of Sports MedicineACL Study GroupCertified QME, IME, AME

Sports Medicine, Arthroscopic and Reconstructive Surgery ofthe Knee and Shoulder, and Knee Replacement

Assistant Clinical Professor, Division of Orthopedics, UCLA School of Medicine, Chairman, Education CommitteeArthroscopy Association of North America 1997-1999 World Cup Soccer Team Physician, 1985Physician Specialist XXIII Olympiad 1984Orthopedic Consultant–New York Knicks and Jets 1978-1985

60 Publications including handbook for Orthopedic Surgeons on Prosthetic Ligament Reconstruction of the Knee

Lectures extensively with over 375 presentations worldwide

Education:

Certificate:

Memberships:

Specialties:

Appointments:

Publications:

Presentations:

BOARD CERTIFIED ORTHOPEDIC SURGEON

MARC J. FRIEDMAN, M.D.6815 Noble Avenue, Van Nuys, California 91405

Tel. 818.901.6600 ext. 2810 • Fax: 818.901.6685 • Email: mfriedman@scoi.comWeb Site: www.scoi.com

Stefanie Stolinsky, Ph.D.CLINICAL AND FORENSIC PSYCHOLOGYPSY 16053

(310) 788-3436Neuropsychological and Psychological Evaluations

Beverly Hills location www.act-it-out.com

Brain/Head InjuriesWork Related InjuriesSexual Assault/Sexual HarassmentADHD • Academic • IQ AssessmentForensic Case Consultation

defense, tracing, unfair advertising, unfair competition,valuation of businesses, and wrongful termination. Seedisplay ad on page 43.

PIPELINE

KARIAN PIPELINE TESTINGP.O. Box 39787, Los Angeles, CA 90039-0787, (818) 547-1007, e-mail: kariancorporation@yahoo.com. ContactSam P. Karian. Extensive experience in oil and gaspipeline systems (including pump and compressor sta-tions) design, engineering, construction, operation, hydro-static testing, in-line inspection with smart pigs, relocation,maintenance, repair and integrity assessment. Pipelinefailures investigation and analysis. Pipeline accident re-lated death/injury/damage analysis and reconstruction.Has testified in courts of California. References and suc-cessful cases list available upon request.

PLASTIC AND COSMETIC RECONSTRUC-TIVE SURGERY

JEFFREY L. ROSENBERG, MD1245 Wilshire Boulevard, Suite 601, Los Angeles, CA90017, (213) 977-0257, fax (213) 977-0501. ContactMartha. Plastic and reconstructive surgery, burn special-ist. Diplomate, American Board of Plastic Surgery. Mem-ber, American Burn Association and American Society ofPlastic Surgeons.

POLICE PRACTICES

TT WILLIAMS JR, INVESTIGATIONS INC.445 South Figueroa Street, Suite 2700, Los Angeles, CA90071, (213) 489-6831, fax (213) 426-2151, e-mail: ttwjrpi@aol.com. Web site: www.ttwilliamspi.com. Contact Timothy T Williams Jr. CEO. Expert testimony in criminalinvestigations and procedures. Specializing in conductingcriminal, civil, workers compensation, sub rosa/surveil-lance, background, and discrimination investigations.Firm has over 200 years’ investigative experience in anarray of fields. Retired LAPD, Senior Detective Supervisor,Elite Robbery-Homicide Division. Twenty-nine plus yearsof active law enforcement experience, with 26 years con-ducting and supervising investigations including homi-cide, robbery, domestic violence, child abuse, assault,sexual assault, rape, burglary, auto theft, juvenile, andnarcotics investigation. Degrees/Licenses: P.O.S.T. Su-pervisory Leadership Institute; West Point Leadership Pro-gram; Basic, Intermediate, Advanced and SupervisorP.O.S.T. Certificates; PI 23399; PPO 14771.

POLICE/SECURITY

DANIEL R. SULLIVAN, DEPUTY CHIEF, LAPD, RET.76766 Daffodil Drive, Palm Desert, CA 92211, (818) 590-2486, e-mail: sullivandr@dslextreme.com. Web site:www.investigativeservices.com. Contact Dan Sullivan.Expert witness—use of force/police practices, event/facil-ity security—consultant to cities of Los Angeles, BeverlyHills, U.S. Department of Justice. Qualified as expert over150 times in superior/federal courts.

POLYGRAPH

JACK TRIMARCO & ASSOCIATES POLYGRAPH INC.9454 Wilshire Boulevard, 6th Floor, Beverly Hills, CA90212, (310) 247-2637, fax (310) 306-2720, e-mail:jtrimarco@aol.com. Web site: www.jacktrimarco.com.Contact Jack Trimarco. Former manager of the FederalBureau of Investigation’s polygraph program in Los Ange-les. Former Inspector General Polygraph Program—De-partment of Energy. Nationally known and respected Poly-graph Expert. I have the credentials you would want whenyou have a client polygraphed, a case reviewed, a motionmade regarding polygraph, or an in-depth professional in-vestigation. My unique background allows me to bring the

highest levels of service and expertise to any polygraphsituation. Degrees/licenses: BS Psychology; CertifiedAPA, AAPP, CAPE, AAFE. See display ad on page 31.

PROBATE LAW

DARLING, HALL & RAE, LLP520 South Grand Avenue, 7th Floor, Los Angeles, CA90071-2645, (213) 627-8104, fax (213) 627-7795, e-mail:darlinghallrae@dhrlaw.com. Contact Matthew S. Rae Jr.Attorney specialists in estate planning, trust, and probatelaw. Consultant and expert witness, special and associatecounsel, guardian ad litem, referee, special administrator,and independent trustee.

HONORABLE ANITA RAE SHAPIROSuperior Court Commissioner (Retired), P.O. Box 1508,Brea, CA 92822-1508, e-mail: privatejudge@adr-shapiro.com. Web site: http://adr-shapiro.com. Retired Los Ange-les Superior Court commissioner (15 years) available totestify as a probate expert witness in cases involving willsand trust issues. Presided in Long Beach Probate Depart-ment five years. See display ad on page 73.

PROCESS SERVER

BENCHMARK INVESTIGATIONS32158 Camino Capistrano, # A-415, San Juan Capistrano, CA 92675, (800) 248-7721, fax (949) 248-0208, e-mail: zimmerpi@pacbell.net. Web site: www.BenchmarkInvestigations.com. Contact Jim Zimmer,CPI. National agency. Professional investigations with em-phasis upon accuracy, detail, and expedience. Asset/fi-nancial searches, background investigation, DMVsearches, domestic/marital cases, due diligence, processservice, surveillance/photograph, witness location, andstatements. LA branch plus correspondents nationwide.Multilingual agents. Fully insured.

PRODUCTS LIABILITY

A R TECH FORENSIC EXPERTS, INC.18075 Ventura Boulevard, Suite 209, Encino, CA 91316,(818) 344-2700, fax (818) 344-3777. Engineers: experi-enced, registered, advanced degrees, extensive testi-mony experience. Traffic accidents (all motor vehicletypes, bicycles, pedestrians), collisions, rollovers, skidmarks, visibility, signal phasing, time-motion, low-speedimpact. Industrial and construction accidents: OSHA is-sues. Automotive, industrial, consumer products: brakes,seat belts, forklifts, machinery, tools, protective equip-ment, lawn mowers, heaters, chairs, fixtures, ladders,scaffolds, fasteners. Premises liability: code analysis,stairways, ramps, doors, gates, windows, guardrails,pools, and lighting. Slip-and-fall. Trip-and-fall. Biomechan-ics. Safety. Human factors. See display ad on page 46.

PSYCHIATRY

MARIA T. LYMBERIS, MD, INC.1500 Montana Avenue, Suite 204, Santa Monica, CA90403, (310) 451-3152, fax (310) 454-1039, e-mail:maria@lymberis.com. Web site: www.lymberis.com. Contact Maria T. Lymberis, MD. Clinical professor ofPsychiatry, UCLA, Board Certified in adult and child-ado-lescent psychiatry, expert consultant of Medical Board ofCalifornia, expert in psychiatric evaluations for: fitness forduty, competency, sexual harassment, and post traumaticstress, divorce.

PSYCHIATRY/FORENSIC

SUZANNE M. DUPEE, MD, PSYCHIATRIST, APROFESSIONAL MEDICAL CORPORATIONP.O. Box 10131, Marina del Rey, CA 90295, (310) 335-1288, fax (866) 341-8679, e-mail: suziedupee@yahoo.com. Contact Dr. Suzie Dupee. Forensic psychiatry withextensive experience in work-related disability, malprac-tice, IME, sexual harassment, child abuse, criminal, child

custody, PTSD, chronic mental illness, and psychophar-macology. Medical degrees from Cedars Sinai, UCSDand NYU-Bellevue. Triple-board certified in adult, childand forensic psychiatry.

MOHAN NAIR, MD AND ASSOCIATES433 North Camden Drive, Suite 600, Beverly Hills, CA90210, (562) 493-2218, fax (562) 493-4459, e-mail: nairoffice@forensicphysicians.com. Web site: www.forensicphysicians.com. Contact Brady. Twenty years ofexperience in forensic psychiatry, neuropsychiatry, childand adolescent, civil litigation, and criminal cases. Exten-sive experience with sexual abuse in schools and juvenilefacilities. My training and certification make me uniquelyqualified to be an expert in complex litigation. Board certi-fied in Psychiatry, Child and Adolescent Psychiatry,Forensic Psychiatry and certification in Psychopharmacol-ogy and addiction medicine. California Medical Board Ex-pert, faculty of the judicial council of California, and Presi-dent Elect American Society of Adolescent Psychiatry.See display ad on page 53.

LAWRENCE R. MOSS MD2999 Overland Avenue, Suite 201, Los Angeles, CA90064, (310) 838-6306, fax (310) 838-6362, e-mail: lmoss@ucla.edu. Contact Lawrence R. Moss, MD. Civil litiga-tion, medical and dental malpractice, employment law,workers’ compensation, and disability. See display ad onpage 57.

JEFF SUGAR, MD312 East Sycamore Avenue, El Segundo, CA 90245, (310)291-0886, e-mail: jeffsugar@ucla.edu. Jeff Sugar, MD,child, adolescent, and adult psychiatrist. Assistant clinicalprofessor, UCLA and USC. A practicing psychiatrist for 17years, he is board certified in child and general psychia-try. He is past president of the Southern California Societyof Child and Adolescent Psychiatry. As founding directorof research at Hathaway Children and Family Services, heled a study of the long-term effects of trauma. Currently,ward chief: University of Southern California, adolescentinpatient unit and in private practice-general and childpsychiatry. Dr. Sugar’s reports and/or testimony have hadan impact in cases (both child and adult) involving:trauma: sexual and physical abuse (with or without PTSD),personal injury and workers’ compensation, psychiatricmedication issue, diagnosis and appropriate treatment,ethical issues and stress in legal practice, battered wom-an’s syndrome, child custody. Free initial telephone con-sultation with attorney. Attorney references and/orredacted past reports available on request. See displayad on page 56.

PSYCHIATRY/PSYCHOLOGY

ARNOLD L. GILBERG, MD, PHDAssociate Clinical Professor of Psychiatry, UCLA Schoolof Medicine, a professional corporation, 9915 Santa Mon-ica Boulevard, Suite 101, Beverly Hills, CA 90212, (310)274-2304, fax (310) 203-0783. Contact Arnold L.Gilberg. Board certified and appointed by three gover-nors to Medical Board of California 11th District MQRC1982-1991. Certified in psychiatry and psychoanalysis. Allcivil matters, and experienced as expert witness. De-grees/licenses: M.D., PhD. Licensed in California andHawaii. See display ad on page 63.

STEFANIE STOLINSKY, PHD, LICENSEDPSYCHOLOGIST, PSY 160539107 Wilshire Boulevard, Suite 200, Beverly Hills, CA90210, (310) 788-3436. Web site: www.act-it-out.com.Contact Stefanie Stolinsky, PhD. Neuropsychologicaland psychological evaluations; personal injury evalua-tions, intelligence, cognitive and personality testing. Ex-pert witness for adults abused as children; PTSD. Seedisplay ad on page 67.

68 Los Angeles Lawyer November 2006

PUBLISHING

BAY SHERMAN CRAIG & GOLDSTEIN, LLP11845 West Olympic Boulevard, Suite 845, Los Angeles,CA 90064, (310) 477-1400, fax (310) 479-0720, e-mail:craigp@bscgllp.com. Web site: www.baysherman.com.Contact Peter Craig or Hal Jaffe. Many legal disputesinvolve operational, financial, accounting, and income taxconsiderations. Bay Sherman Craig & Goldstein, LLP,work together with counsel to resolve these conflicts. Wespecialize in publishing intellectual property. In addition toexpert witness testimony, we provide the following: ser-vices prior to trial, financial, accounting and income tax is-sues defined, record analysis, economic fact-finding andanalysis, deposition preparation assistance, and settle-ment negotiations.

QUESTIONED DOCUMENTS

BLANCO & ASSOCIATES, INC. — FORENSICDOCUMENT EXAMINATIONS655 North Central Avenue, 17th Floor, Glendale, CA91203, (818) 545-1155, fax (818) 545-1199, e-mail:info@jimblanco.com. Web site: www.jimblanco.com. Contact Jim Blanco. Former full time federal and stategovernment forensic document examiner (handwriting expert) with the US Treasury Federal Bureau of ATF andCalifornia State Department of Justice. Court-qualifiedand certified ABFDE. Signature, handwriting and handprinting examinations, writer identification, writer elimina-tion, forgery and counterfeits, computer printed or type-written documents, medical chart evaluation (in medicalmalpractice cases), probate, wills, trusts, real estate doc-uments, deeds, and contracts. All facets of civil and crimi-nal litigation nationally.

REAL ESTATE

ADVISORS/EXPERTS @ MCS ASSOCIATES18881 Von Karman, Suite 1175, Irvine, CA 92612, (949)263-8700, fax (949) 263-0770, e-mail: experts@mcsassociates.com. Web site: www.mcsassociates.com. Contact Norman Katz, managing partner. Na-tionally recognized banking, finance, insurance, and realestate consulting group (established 1973). Experiencedlitigation consultants/experts include senior bankers,lenders, consultants, economists, accountants, insuranceunderwriters/brokers. Specialties: lending customs, prac-tices, policies, in all types of lending (real estate, busi-ness/commercial, construction, consumer/credit card),banking operations/administration, trusts and invest-ments, economic analysis and valuations/damages as-sessment, insurance claims, coverages and bad faith,real estate brokerage, appraisal, escrow, and construc-tion defects/disputes, and title insurance.

ROGER BERNHARDTProfessor, Golden Gate University School of Law, 536Mission Street, San Francisco CA 94105 (415) 666 3343,fax (415) 974 1549, e-mail: RBernhardt@GGU.EDU. Website: www.Rogerbernhardt.com. Specialties: Real estateand mortgage law and transactions; standard of care.Publications (partial list): Editor of California Real PropertyLaw Reporter (CEB). Bernhardt’s California Real EstateLaws (Lexis), California Mortgage & Deed of Trust Prac-tice (CEB); Black Letter Law of Real Property and RealProperty in a Nutshell (West). Casebooks on Property andReal Estate Finance (Carolina Press). Professional Associ-ations: American College of Real Estate Lawyers, Ameri-can College of Mortgage Attorneys, American Law Insti-tute, Chair of Legal Education Committees of ABA & Cali-fornia Bar Real Property Sections. Licenses: Attorney(California & New York), Real Estate Broker (California).Education: AB, AB, AM, JD, University of Chicago, PhiBeta Kappa, Coif, Law Review, Moot Court Winner.

DALE A. ELENIAK LAW CORPORATION663 Breckenridge Place, Simi Valley, CA 93065, (310)374-4662, fax (310) 318-3808, e-mail: theword1@pacbell

.net. Contact Dale A. Eleniak. Standards of care, brokersupervision, expert witness, litigation analysis, brokerstandards of care, disclosure’s agency, and property bothcommercial and residential real estate. See display ad onpage 51.

STEPHEN B. FAINSBERT, ESQ., FAINSBERTMASE & SNYDER, LLP11835 West Olympic Boulevard, Suite 1100, Los Angeles,CA 90064, (310) 473-6400, fax (310) 473-8702, e-mail:sfainsbert@fms-law.com. Contact Stephen B. Fainsbert.Expert testimony in real property exchanges (coauthorCEB publication Real Property Exchanges, 2nd ed.), realestate transactions, standard of care and practice for realestate brokers, escrow, and real estate attorneys, disclo-sures in purchase and sale agreements, real estate financing, and secured real property transactions.

FINESTONE & RICHTER11601 Wilshire Boulevard, Suite 1900, Los Angeles, CA90025, (310) 575-0800, fax (310) 575-0170, e-mail:hgould@frlawcorp.com. Contact Howard N. Gould. At-torney malpractice in residential real estate, residentialbrokerage issues, agent/broker employment issues, bro-ker and finder issues, partnership and shareholder dis-putes.

SAMUEL K. FRESHMAN, BA, JD6151 West Century Boulevard, Suite 300, Los Angeles,CA 90045, (310) 410-2300, fax (310) 410-2919. ContactSamuel K. Freshman. Attorney and real estate brokersince 1956, banker, professor legal malpractice, arbitra-tion, brokerage malpractice, leases, syndication, con-struction, property management, finance, due diligence,conflict of interest, title insurance, banking, escrow, anddevelopment. Expert witness 30-plus years in state andfederal courts. Twenty-one published articles, arbitratorand mediator, general partner $300,000 plus, shoppingcenters, apartments, and industrial property. JD Stanford(1956). See display ad on page 73.

LAW OFFICE OF LORE HILBURG1651 Virginia Road, Los Angeles, CA 90019, (323) 737-4444, fax (323) 737-4411, e-mail: hilburg@comcast.net.Contact Lore Hilburg. Recognized expert witness ontitle, escrow, and foreclosure issues as well as legal mal-practice regarding title and title insurance matters. Testi-fied in superior and federal courts and arbitrations.

LAWRENCE H. JACOBSON, ESQ. 9401 Wilshire Boulevard, Suite 1250, Beverly Hills, CA90212, (310) 271-0747, fax (310) 271-0757, e-mail:law.jac@verizon.net. Web site: www.lawrencejacobson.com. Practicing real estate law in California since 1968;Real estate broker since 1978; Former VP-Legal Affairs,California Association of Realtors; broker. Expert wit-ness/consultant expertise in standard of care; real estatebrokerage; lawyer malpractice, transactional custom, andusage. See display ad on page 51.

OVERLAND, PACIFIC & CUTLER, INC.100 West Broadway, Suite 500 Long Beach, CA 90802,(800) 400-7356, fax (562) 304-2020, e-mail: jColburn@OPCservices.com. Web site: www.OPCservices.com.Contact Jerry Colburn, Vice President. Overland, Pa-cific & Cutler (OPC) provides relocation assistance, landand right of way acquisition and real estate consultingservices for public and private projects. We specialize inbusiness relocation and forensic relocation services. For25 years we have offered litigation support for eminentdomain cases and expert witness testimony in matterspertaining to relocation assistance and the loss of good-will. Another expertise that we provide to the legal com-munity is forensic site referral review for business reloca-tions and audits of relocation files prior to trial.

TEMMY WALKER, INC.5026 Veloz Avenue, Tarzana, CA 91356, (818) 760-3355,

fax (818) 999-0826, e-mail: temmyw@aol.com. ContactTemmy Walker. Specializes in expert witness testimonyand litigation consultant in matters regarding residentialreal estate, with emphasis on the customs and practice,standards of care, disclosure requirements, agency rela-tionships, and broker supervision. Complete assistance.Extensive transaction and court experience. Director Cali-fornia Association of Realtors, master faculty instructor forcontinuing education C.A.R. Excellent credentials and ref-erences. See display ad on page 73.

ALAN D. WALLACE, ESQ.14011 Ventura Boulevard, Suite 406, Sherman Oaks, CA91423, (818) 501-0133, fax (818) 905-6091, e-mail: awallace@covad.net. Contact Alan D. Wallace, Esq.Expert witness and litigation consulting for general realestate matters, including law, custom and practice,agency, disclosure, broker malpractice, standards of carefor brokers, buyers and sellers. Broker and attorney. In-volved as broker in more that 7,500 real estate transac-tions. Department of Real Estate master instructor and au-thor, former CAR hotline attorney, university law professorin real estate. Successfully testified in dozens of cases.See display ad on page 74.

WARONZOF ASSOCIATES, INC.12200 West Olympic Boulevard, Suite 480, Los Angeles,C 90064, (310) 954-8060, fax (310) 954-8059. Web site:www.waronzof.com. Contact Timothy R. Lowe, MAI,CRE. Waronzof Associates provides real estate and landuse litigation support services including economic dam-ages, lost profits, financial feasibility, highest and bestuse, property value, enterprise value, partnership interestand closely-held share value, fair compensation, lender liability and reorganization plan feasibility. Professionalstaff of six with advanced degrees and training in real es-tate, finance, urban planning and accounting. See dis-play ad on page 41.

REAL ESTATE APPRAISAL

CURTIS-ROSENTHAL, INC.5959 West Century Boulevard, Suite 1010, Los Angeles,CA 90045, (310) 215-0482, fax (310) 215-3089, e-mail:drosenthal@curtisrosenthal.com. Web site: www.curtisrosenthal.com. Contact David Rosenthal, MAI.Appraisal of commercial and residential real estate for es-tate planning, eminent domain, bankruptcy, divorce, andgeneral litigation. Accepted in local, state, and federalcourts.

STEVEN J DECKER & ASSOCIATES5800-A Hannum Avenue, Suite 235, Culver City, CA90230, (310) 645-9691, fax (310) 645-9692, e-mail: sjdassoc@sbcglobal.net. Contact Steven Decker, MAI.Specialties: expert witness in real estate and fractional interest (FLP and LLC) valuation, approved IRS appraiserpanel (LA district). Experience in construction defects,easements, title defect litigation, toxic contamination, estate taxes, and all property types. Degrees/Licenses:MAI, Certified General Real Estate Appraiser, Real EstateBroker, published by ASA and Appraisal Institute, BA,Economics, Claremont McKenna College.

RESTAURANT/HOTEL

LEON GOTTLIEBUS-INT’L RESTAURANT, HOTEL & FRANCHISECONSULTANT4601 Sendero Place, Tarzana, CA 91356-4821, (818) 757-1131, fax (818) 757-1816, e-mail: lgottlieb@aol.com.Web site: http://members.aol.com/lgottlieb/myhomepage/business.html. Specialties: USA/Int’l restaurant/hotel/franchise experience since 1960. Hands-on consultantand expert witness, all types of restaurants, franchises,fast food, training, manuals, safety, security, injury, oper-ating standards, and P&L damages. Former VP/PartnerIHOP, director to USA chains, author, arbitrator, and expert witness.

70 Los Angeles Lawyer November 2006

RETALIATION

HAIGHT CONSULTING1726 Palisades Drive, Pacific Palisades, CA 90272, (310)454-2988, fax (310) 454-4516. Contact Marcia Haight,SPHR. Human resources expert knowledgeable in bothfederal and California law. Twenty-five years’ corporatehuman resources management experience plus over 16years as a Human Resources Compliance Consultant inCalifornia. Specializations include sexual harassment,ADA/disability discrimination, other Title VII and FEHA dis-crimination and harassment, retaliation, FMLA/CFRA,safety, and wrongful termination. Courtroom testimonyand deposition experience. Retained 60 percent by de-fense, 40 percent by plaintiff. Audit employer’s actions inpreventing and resolving discrimination, harassment, andretaliation issues. Assess human resources policies andpractices for soundness, for comparison to prevailingpractices, and for compliance. Evaluate employer respon-siveness to complaints and effectiveness of employer in-vestigations. Assist counsel via preliminary case analysis,discovery strategy, examination of documents, and experttestimony.

ROOFING AND WATERPROOFING

SCHWARTZ / ROBERT & ASSOCIATES, INC. 42 Faculty Street, Thousand Oaks, CA 91360, (805) 777-1115, cell (805) 796-9092, fax (805) 777-1172, e-mail:risoakpark@aol.com. Web site: www.schwartzrobert.com.Contact Robert I. Schwartz, AIA. Real property develop-ment procedures & practices, all building types, sizes &phases. Professional evaluation of building design errors& omissions, building code compliance & professionalstandards of practice. Forensic investigation of construc-tion defects. Repair cost estimates. Construction contract/subcontract performance—project management adminis-tration & cost accounting, CPM scheduling, cost estimat-ing, change order administration, quality assurance &building performance. Evaluation of delay claims. Docu-mentation of major property/casualty insurance losses.Excellent litigation support & trial exhibit preparation. Ex-pert witness testimony. Experienced AAA arbitrator & me-diator. Large & complex cases. Member, Dispute Resolu-tion Boards.

SHEPHERD CONSULTING SERVICESP.O. Box 10010, Torrance, CA 90505, (310) 378-0791, fax (888) 870-1663, e-mail: jds@shepherdconsulting.com.Contact John Shepherd, RRC, RRO. Roofing, water-proofing, sheet metal and building envelope consultingservices for construction defect litigation, personal injuryand water damage loss (standard of care and buildingcode issues), and property loss claims (wind, fire, earth-quake and hail). Support services includes: visual inspec-tions, invasive testing, leak investigation, water testing, re-port development, documentation, document review, re-search, mediation and trial expert witness testimony, andcost estimating.

VAN DIJK & ASSOCIATES, INC.28 Hammond, Suite G, Irvine, CA 92618, (949) 586-3828,fax (949) 586-7429, e-mail: info@vdaconsulting.com. Website: www.vdaconsulting.com. Contact Nils Van Dijk.Experienced staff of consultants specializing in forensic/expert witness litigation services, plan/document review,specification preparation, and quality control/manage-ment services.

SECURITIES

CORNERSTONE RESEARCH515 South Flower Street, Suite 2900, Los Angeles, CA90071, (213) 553-2500, fax (213) 553-2699, e-mail:gstrong@cornerstone.com. Web site: www.cornerstone.com. Contact George G. Strong, Jr. Cornerstone Re-search provides attorneys with expert testimony and eco-nomic and financial analyses in all phases of commerciallitigation. We work with faculty and industry experts in a

distinctive partnership that combines the strengths of thebusiness and academic worlds. Our areas of expertise in-clude identifying and supporting expert witnesses in intel-lectual property, antitrust, securities, entertainment, realestate, financial institutions, and general business litiga-tion.

ROBERT C. ROSEN300 South Grand Avenue, Suite 2700, Los Angeles, CA90071, (213) 362-1000, fax (213) 362-1001, e-mail:robertrosen@rosen-law.com. Web site: www.rosen-law.com. Specializing in securities law, federal securities lawenforcement, securities arbitration, and international secu-rities, insider trading, NYSE, AMEX, NASD disciplinaryproceedings, broker-dealer, investment company and in-vestment adviser matters, liability under federal and statesecurities laws, public and private offerings, internet secu-rities, and law firm liability. Former chair, LACBA Businessand Corporations Law Section; LLM, Harvard Law School.More than 32 years practicing securities law, 12 yearswith the U.S. Securities and Exchange Commission,Washington, DC. Published author/editor of securities reg-ulations, including multivolume treatises. See display adon page 59.

SECURITY

JOHN CASE, CPP-SECURITY EXPERT2310 Coast Boulevard, Del Mar, CA 92014, (858) 755-2931. Web site: www.security-consultant.com/expert_testimony.htm. Contact John D. Case, CCP.Expertise in security standards/practices, crime foresee-ability, third party crimes, guard performance, use offorce, shoplifting, parking lots, investigations, theft oftrade secrets, negligent hiring/retention, and workplaceviolence. Over 30 years of security experience in consult-ing/prior employment with three Fortune 100 firms. Con-ducted over 800 security surveys. BS Degree in SecurityAdministration, Michigan State University. InternationalAssociation of Professional Security Consultants (Found-ing Member, Past President, Current Board Member),Board Certified Protection Professional (CPP), and Li-censed Security Guard, State of California.

LEGAL FRIENDLY TECHNOLOGIES3518 Dunn Drive, Suite 206, Los Angeles, CA 90034,(310) 558-8328, e-mail: Benjamin@LegalFriendly.com.Web site: www.LegalFriendly.com. Contact BenjaminSotelo, president and legal engineer. Legal FriendlyTechnologies has authored articles for the ComputerCounselor section of Los Angeles Lawyer magazine forthe last half decade. Legal Friendly also authors law officetechnology articles for the L.A. Paralegal Association Re-porter and Law Office Computing magazine. The L.A.Paralegal Association has recognized Legal Friendly as abenefactor member. Legal Friendly is recognized as ex-perts in all law office technologies: forensic discovery,data discovery, data recovery, antivirus and antispamprotection, document depositories, time and billing, wire-less and other network topologies, surveillance, ABA-compliant Web pages and marketing campaigns, remotecommunication, employee training programs, courtroommultimedia animation and presentation, database pro-gramming and support, war rooms, expert witness, andinter alia. We are engineers that think law.

SEXUAL HARASSMENT/DISCRIMINATION

EQUILAW 10061 Riverside Dr. Suite 536, Toluca Lake, CA 91602,(818) 762-7676, fax (818) 762-8003, e-mail: jyanow@equilaw.com. Web site: www.equilaw.com. ContactJulie B Yanow, Principal. More than 19 years of employ-ment and labor law experience. EquiLaw assists clientswith workplace investigations of harassment, discrimina-tion, retaliation/other misconduct; workplace training inharassment/discrimination prevention, HR practices, man-agement skills, and executive coaching. EquiLaw also of-fers expert consulting/testimony regarding the prevention,

Los Angeles Lawyer November 2006 71

investigation, elimination of unlawful workplace harass-ment, discrimination, retaliation, wrongful termination, andmanagement issues. See display ad on page 54.

HAIGHT CONSULTING1726 Palisades Drive, Pacific Palisades, CA 90272, (310)454-2988, fax (310) 454-4516. Contact Marcia Haight,SPHR. Human resources expert knowledgeable in bothfederal and California law. Twenty-five years’ corporatehuman resources management experience plus over 16years as a Human Resources Compliance Consultant inCalifornia. Specializations include sexual harassment,ADA/disability discrimination, other Title VII and FEHA dis-crimination and harassment, retaliation, FMLA/CFRA,safety, and wrongful termination. Courtroom testimony anddeposition experience. Retained 60 percent by defense,40 percent by plaintiff. Audit employer’s actions in pre-venting and resolving discrimination, harassment, and re-taliation issues. Assess human resources policies andpractices for soundness, for comparison to prevailingpractices, and for compliance. Evaluate employer respon-siveness to complaints and effectiveness of employer in-vestigations. Assist counsel via preliminary case analysis,discovery strategy, examination of documents, and experttestimony.

HRM CONSULTING, INC.P.O. Box 1786, Murphys, CA 95247, (209) 728-8905, fax(209) 728-8970, e-mail: hrm@hrmconsulting.com. Website: www.hrmconsulting.com. Contact Beth BrascugliHirsch, MBA, SPHR. Ms. Hirsch’s experience includesworking on employment and vocational rehabilitation mat-ters from both the employee and employer perspective.Her expertise is utilized in ADA/FMLA, FMLA/CFRA,wrongful termination, and sexual harassment cases. Weprovide litigation support, expert testimony, and investiga-tions, and specialize in helping companies implementstrategies to comply with the complicated realm of per-sonnel management regulations. Ms. Hirsch is nationallycertified as a SPHR and sits on the International Employ-ment Health, Safety and Security Panel.

STEPHEN J. MOREWITZ, PHD. & ASSOCIATES5300 Bothwell Road, Tarzana, CA 91356, (818) 594-1587,fax (818) 345-9811, e-mail: morewitz@earthlink.net. Website: http://home.earthlink.net/~morewitz/ Contact Dr.Stephen Morewitz, Ph.D. Evaluates sexual harassmentimpact, sexual harassment policies/procedures, disability,quality of life losses, and stress.

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TAXATION

KAJAN MATHER & BARISH9777 Wilshire Boulevard. Suite 805, Beverly Hills, CA90212, (310) 278-6080, fax (310) 278-4805, e-mail: ehk@taxdisputes.com. Web site: www.taxdisputes.com. Contact Elliott H. Kajan. The firm’s practice is devoted torepresentation of taxpayers before the Internal RevenueService, Franchise Tax Board, State Board of Equalization,and California Employment Development Department, in-

72 Los Angeles Lawyer November 2006

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TRAFFIC ENGINEERING

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TREES AND LANDSCAPES

GREG APPLEGATE, REGISTERED CONSULTINGARBORIST #3651131 Lucinda Way, Tustin, CA 92780, (714) 731-6240,fax (714) 731-6138, e-mail: arborist6@cox.net. ContactGreg Applegate. Court experienced, deposition, media-tion, arbitration, and reports. Damage appraisal replace-ment cost method, trunk formula method, or cost of cure,for legal or insurance purposes. Diagnostics: Shigometer,Resistograph, Airknife, starch tests, penetrometer, incre-ment borer and site evaluations. Hazard analysis/riskanalysis, defect identification and investigation. Decay,root health and branch attachment investigation.Shigometer or Resistograph analysis. Palm expert: selec-tion, culture and diagnostics based on years of experi-ence growing palms and years of study.

TRUCK ACCIDENTS

TRUCK LITIGATION RESOURCE CENTER, LLC7910 Ivanhoe Avenue, # 14, La Jolla, CA 92037, (800) 292-5855, fax (858) 625-0092, e-mail: david@truckaccidentexperts.com. Web site: www.truckaccidentexperts.com. Contact David Nissenberg.Whether you need an expert on truck driving skills, logbooks, federal safety regulations, loading and unloading

Los Angeles Lawyer November 2006 73

REAL ESTATE/REAL PROPERTY MATTERS

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STEPHEN M. BERRY, MS, CRC4132 Katella Avenue, Suite 101, Los Alamitos, CA 90720,(562) 594-4621, fax (562) 594-4622, e-mail: smberry2@aol.com. Contact Stephen M. Berry, MS, CRC. Foren-sic vocational economic analyses, assessments of pre-and-post-incident earning capacity and worklife ex-pectancy; impact of disability on post-injury earning ca-pacity and worklife expectancy; loss of future earningsand earning capacity; vocational testing, employabilityevaluations and labor market research in cases of; per-sonal injury, wrongful death, medical malpractice, em-ployment discrimination, product liability, wrongful termi-nation, marital dissolution, and sexual harassment.

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WORKERS’ COMPENSATION

GRAHAM A. PURCELL, MD, INC.Assistant Clinical Professor Orthopaedic Surgery, UCLA3600 Wrightwood Drive, Studio City, CA 91604, (818) 985-3051, fax (818) 985-3049, e-mail: expert@gpurcellmd.com. Web site: gpurcellmd.com. Contact Graham A.Purcell, MD. Dr. Purcell is a board certified orthopedicsurgeon, sub-specialty in spinal disorders affectingadults and children. Examples of spinal disorders treatedby Dr. Purcell include disc diseases, stenosis, infections,tumors, injuries, and deformities including scoliosis. Hepossesses 26 years of orthopedic and 17 years of med-legal experience, including defense, plaintiff, insurancecarriers, CA Attorney General’s office and Public Defend-er’s office. Expert testimony pertains to med-mal, personalinjury, and workers’ compensation cases. As qualifiedmedical evaluator, Dr. Purcell has extensive experience inperforming QMEs, AMEs, IMEs, WC evals.

WRONGFUL TERMINATION

HAIGHT CONSULTING1726 Palisades Drive, Pacific Palisades, CA 90272, (310)454-2988, fax (310) 454-4516. Contact Marcia Haight,SPHR. Human resources expert knowledgeable in bothfederal and California law. Twenty-five years’ corporatehuman resources management experience plus over 16years as a Human Resources Compliance Consultant inCalifornia. Specializations include sexual harassment,ADA/disability discrimination, other Title VII and FEHA dis-crimination and harassment, retaliation, FMLA/CFRA,safety, and wrongful termination. Courtroom testimonyand deposition experience. Retained 60 percent by de-fense, 40 percent by plaintiff. Audit employer’s actions inpreventing and resolving discrimination, harassment, andretaliation issues. Assess human resources policies andpractices for soundness, for comparison to prevailingpractices, and for compliance. Evaluate employer respon-siveness to complaints and effectiveness of employer in-vestigations. Assist counsel via preliminary case analysis,discovery strategy, examination of documents, and experttestimony.

74 Los Angeles Lawyer November 2006

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Discussion

In this opinion, we address two fundamental issues. First, is it ethi-cally permissible for a California attorney, in a civil case, to hire anout-of-state legal research and brief writing company to conductlegal research and/or draft legal briefs for the attorney’s use in con-nection with the attorney’s representation of the client? Second, if sucharrangements are permissible, what must the attorney do to complywith the ethical issues presented by such arrangements? This opin-ion is not intended to apply to criminal cases, nor does it apply to any

case or any matter where the attorney has been appointed by the court.We conclude that such arrangements may be ethically permissi-

ble, with some limitations depending on the specific terms and con-ditions of the arrangement, and provided that the attorney complieswith several ethical requirements. Specifically, the Committee is of theopinion that the attorney may ethically enter into the arrangement

Los Angeles Lawyer November 2006 75

Ethics Opinion

Opinion No. 518: Ethical Considerations in Outsourcing of LegalServices

Citations in Los Angeles County Bar Association Ethics Opinions have been

edited to conform to Los Angeles Lawyer style. The unedited original can be

found online at www.lacba.org/ethicsopinions.

Los Angeles County Bar Association Professional Responsibility and Ethics Committee

SUMMARY: An attorney in a civil case who charges an hourly rate may contract with an out-of-state company to draft a brief provided the

attorney is competent to review the work, remains ultimately responsible for the final work product filed with the court by the attorney on

behalf of the client, the attorney does not charge an unconscionable fee, client confidences and secrets are protected, and there is no con-

flict of interest between the client and the contracting entity. The attorney may be required to inform the client of the nature and scope of

the contract between attorney and out-of-state company if the brief provided is a significant development in the representation or if the

work is a cost which must be disclosed to the client under California law. Any refund of charges by the out-of-state company to the attor-

ney should be passed through to the client if the client was separately charged for the service.

AUTHORITIES CITED: Statutes: California Business and Professions Code Section 6068, California Business and Professions Code Section

6125, California Business and Professions Code Section 6126. Cases: Bushman v. State Bar, 11 Cal. 3d 558 (1974); Crawford v. State Bar,

54 Cal. 2d 659 (1960); Farnham v. State Bar, 17 Cal. 3d 605 (1976); Jones v. State Bar, 49 Cal. 3d 273 (1989), Simmons v. State Bar, 2 Cal.

3d 719 (1970). California Rules of Professional Conduct: Rule 1-100, Rule 1-120, Rule 1-310, Rule 1-320, Rule 1-400, Rule 2-200, Rule 3-110,

Rule 3-310, Rule 3-500, Rule 5-200. Opinions: COPRAC Formal Opinion 1994-138, COPRAC Formal Opinion 2004-165, LACBA Formal Opinion

374, LACBA Formal Opinion 423, LACBA Formal Opinion 473.

FACTS: An attorney licensed to practice law in California has filed a notice of appeal in a civil case on the client’s behalf. The attorney charges

an hourly rate for the appellate services. Shortly thereafter, the attorney receives a solicitation from a legal research and brief writing com-

pany to draft the appellant’s opening brief for a comparatively low hourly fee. The legal research and brief writing company is not located

in California, and employs both lawyers (none of whom are licensed to practice law in California) and nonlawyers. Company promises to

deliver a ready-to-file brief, to be signed by the California attorney. Company also promises to refund all fees paid to Company for the brief

if the appeal is unsuccessful.

The attorney decides to hire Company to write the brief but has not decided yet whether to pass the charge through to the client, or

to treat payment for the work as an internal cost.

with Company provided that the attorneyat all times retains and exercises indepen-dent professional judgment in connectionwith the performance of the attorney’s legalservices for the client. The attorney must signthe brief and in so doing adopts the work andis ultimately responsible for the accuracy ofthe brief to both the court and to the client.Depending on the facts and circumstances, theattorney may have a duty to disclose to theclient the nature and specifics of the contractwith Company. The attorney is responsible fordetermining, and for ensuring, that there is noviolation of client confidences or secrets, andthat there is no conflict of interest created forthe client by the attorney’s contracting withCompany. Finally, any refund of costs paid byCompany to the attorney should be refundedto the client if the client is charged for the costof the service.

Ethical Issues Involving FinancialArrangements with Company

Several rules address financial arrangementsamong lawyers, and between members andnonmembers of the State Bar of California.

California Rule of Professional Conduct[hereinafter “Rule” or “rule”] 1-310 statesthat a “member1 shall not form a partnershipwith a person who is not a lawyer if any ofthe activities of that partnership constitute thepractice of law.” A partnership generallyinvolves a joint ownership and can be evi-denced by firm name, declarations of coown-ership, or sharing of profits. (Crawford v.State Bar, 54 Cal. 2d 659, 667 (1960).) In thisinstance, the attorney has not formed a part-nership with Company since the attorneyhas merely purchased services at a specifiedrate. Therefore, the restrictions contained inRule 1-310 are inapplicable.

Rule 2-200 prohibits the division of “a feefor legal services with a lawyer who is not apartner of, associate of, or shareholder with themember” unless the client has consented inwriting after full disclosure, and the total feecharged by all lawyers is not increased by rea-son of the provision for division of the fees, andis not unconscionable as defined in Rule 4-200.Rule 2-200 is inapplicable here becauseCompany charges the attorney a specificamount for its service and the contract betweenCompany and the attorney does not involve thedivision of a legal fee paid by the client.2

The work being performed by Company isindistinguishable from other types of servicesthat an attorney might purchase, such as hourlyparalegal assistance, research clerk assistance,computer research, graphics illustrations, orother services. Thus, even if the attorney passesthe cost directly on to the Client, the arrange-ment does not violate Rule 2-200.

Rule 1-320 provides that “[n]either amember nor a law firm shall directly or indi-

rectly share legal fees with a person who is nota lawyer.” This rule is also inapplicable to thefacts presented in this inquiry, since the attor-ney has contracted for services, at an hourlyrate, from Company.

Aiding and Abetting in the UnlawfulPractice of Law

Business and Professions Code Section 6125,which is part of the State Bar Act, states that“[n]o person shall practice law in Californiaunless the person is an active member of theState Bar.”3 Rule 1-120 states that “[a] mem-ber shall not knowingly assist in, solicit, orinduce any violation of these rules [ofProfessional Conduct] or the State Bar Act.”The practice of law includes giving legal adviceand counsel and the preparation of legalinstruments. (Farnham v. State Bar, 17 Cal. 3d605, 612 (1976); Crawford v. State Bar, 54Cal. 2d 659, 667-68 (1960).) The Committeeis of the opinion that attorneys who contractfor services which assist the attorneys in rep-resentation of their clients do not assist in aviolation of Business and Professions CodeSection 6125, so long as the attorney remainsultimately responsible for the final work prod-uct provided to or on behalf of the client.4

Duty to Inform the Client

Both Rule 3-500 and Business and ProfessionsCode Section 6068, Subdivision (m), requirethat an attorney keep the client reasonablyinformed of significant developments relatingto the employment or the representation.5

COPRAC Formal Opinion 2004-165 statesthat a member of the State Bar of Californiawho uses an outside contract lawyer to makeappearances on behalf of the member’s clientmust disclose to the client the fact of thearrangement between the member and theoutside lawyer when the use of the outsidelawyer constitutes a significant development.Whether use of an outside lawyer constitutesa “significant development” is based upon thecircumstances of each case. The opinion statesthat if, at the outset of the engagement, themember anticipates using outside lawyers tomake appearances on the member’s behalf forthe client, that situation should be addressedin the written fee agreement which wouldalso include specifying any costs of the appear-ance relationship that are billed to the client.That COPRAC opinion quotes relevant lan-guage in COPRAC Formal Opinion 1994-138:

Depending on the circumstances, Rule3-500 and Business and ProfessionsCode Section 6068(m) will generallyrequire the law office to inform theclient that an outside lawyer is involvedin the client’s representation if the out-side lawyer’s involvement is a significantdevelopment. In general, a client is enti-

tled to know who or what entity ishandling the client’s representation.However, whether use of an outsidelawyer constitutes a significant devel-opment for purposes of Rule 3-500 andBusiness and Professions Code Section6068(m) depends on the circumstancesof the particular case. Relevant factors,any of which may be sufficient torequire disclosure, include the follow-ing: (i) whether responsibility for over-seeing the client’s matter is beingchanged, (ii) whether the new attorneywill be performing a significant por-tion or aspect of the work, or (iii)whether staffing of the matter has beenchanged from what was specificallyrepresented to or agreed with the client.(See L.A. Cty. Bar Assn. Formal Opn.No. 473.) The listed factors are notintended to be exhaustive, but are iden-tified to provide guidance.The relationship with Company may be a

“significant development” within the mean-ing of both Rule 3-500 and Business andProfessions Code Section 6068, Subdivision(m), and, if a “significant development,” theclient must be informed of the specifics of theagreement between the attorney and Company.6

If possible, and where disclosure is required, dis-closure of the nature and extent of the attor-ney/Company relationship should be made inthe written retainer agreement. (COPRACFormal Opinion 2004-265.7 See also LACBAFormal Opinion 473, which requires disclosureto the client where the expectation of the clientis that the retained attorney alone will be act-ing as attorney for the client.)

Duty of Competence and Duty toExercise Independent Judgment

An attorney has a duty to act competently inany representation. Rule 3-110 (A)-(C). “If themember does not have sufficient learning andskill when the legal service is undertaken, themember may nonetheless perform such ser-vices competently by 1) associating with or,where appropriate, professionally consultinganother lawyer reasonably believed to becompetent, or 2) by acquiring sufficient learn-ing and skill before performance is required.”Rule 3-110 (C). Since the instant arrange-ment does not involve associating with orprofessionally consulting another lawyer, thisarrangement cannot be the basis of the mem-ber’s competence in this representation.

The discussion to Rule 3-110 states thatcompliance with that rule “include[s] theduty to supervise the work of subordinateattorney and non-attorney agents.”8

Therefore, the attorney must review the briefor other work provided by Company andindependently verify that it is accurate, rele-vant, and complete, and the attorney must

76 Los Angeles Lawyer November 2006

revise the brief, if necessary, before submittingit to the appellate court.

In addition to being competent, an attor-ney must also exercise independent profes-sional judgment on behalf of the client at alltimes. (Beck v. Wecht, 28 Cal. 4th 289, 295(2002) (fundamental duty of undivided loy-alty cannot be diluted by a duty owed tosome other person, which would be incon-sistent with lawyer’s duty to exercise inde-pendent professional judgment); DynamicConcepts Inc. v. Truck Insurance Exchange,61 Cal. App. 4th 999, 1009 (1998) (imposi-tion of restrictions by third party on attorney’sdecisions may interfere with lawyer’s dutyto exercise independent professional judg-ment); Crane v. State Bar, 30 Cal. 3d 117, 123(1981) (holding that “[a]n attorney is respon-sible for the work product of his employeeswhich is performed pursuant to his directionand authority”).) Therefore, in performingservices for the client, the attorney mustremain ultimately responsible for any workproduct on behalf of the client and cannot del-egate to Company any authority over legalstrategy, questions of judgment, or the finalcontent of any product delivered to the clientor filed with the court.

It follows that if a term of the agreementbetween the attorney and Company dele-gates to Company a decision-making functionthat is nondelegable, then the attorney maybe assisting Company in the unauthorizedpractice of law or violating the ethical dutiesof competence and obligation to exerciseindependent professional judgment. Animproper delegation might also affect theapplication of Rule 1-310 (prohibition againstforming partnerships with nonlawyers), Rule1-320 (sharing of legal fees with a nonlawyer)and Rule 2-200 (division of legal fees). Forexample, if Company contractually requiredthe attorney to accept and use any workproduct delivered “as is” and without change,then the attorney might be improperly dele-gating the attorney’s fundamental obligationto exercise independent professional judg-ment on behalf of the client. In this case,Company has promised a full refund of its feesif the appeal is unsuccessful. If a condition ofthat guarantee is that the attorney must acceptand use the work product (for example, alegal brief) as written, or obtain Company’sapproval of any changes to the work product,then the attorney might be put into the posi-tion of having to elect between employingindependent professional judgment on behalfof the client and losing a contractual guar-anteed right which the attorney values.

The Committee is of the view that provi-sions of a guarantee which have the possibil-ity of creating such a dilemma for the attorneycould be considered a violation of the duty toexercise independent professional judgment

on behalf of the client. Thus, the attorneyshould ensure that no contractual provision inthe agreement gives Company control overthe final work product produced for the client.

Ethical Duties to the Court

An attorney is responsible for all of the attor-ney’s submissions to the court. Any inaccura-cies in the materials submitted to the courtcould not only be a violation of Rule 3-110, butalso could be a violation of Rule 5-200(A) and(B),9 and a violation of Business and Profes-sions Code Section 6068, Subdivision (d).10

Charging the Cost to the Client

The attorney may elect simply to payCompany for the cost of the legal research orbrief without passing on any of the cost to theclient. In such a case, the Committee believesthat the attorney could keep any refund thatmight be received from Company under anyotherwise ethical guarantee provision.However, the attorney may also elect to: (a)pass the cost directly on to the client for pay-ment, (b) mark up the cost and pass themarked up cost on to the client, or (c) chargethe client a flat fee. These scenarios have dif-ferent consequences.

Sections of the California Business andProfessions Code address an attorney’s dutyto advise a client about costs. Section6147(a)(2) requires an attorney with a con-tingency fee agreement to disclose how dis-bursements and costs incurred in connectionwith the prosecution or settlement of theclient will affect the contingency fee and theclient’s recovery. Section 6148 addresses manyfee agreements not coming within the scopeof Section 6147 in which it is reasonablyforeseeable that total expense to a client,including attorney fees, will exceed one thou-sand dollars. Under Section 6148(a)(1), theattorney must disclose any basis of compen-sation, including standard rates, fees, andcharges applicable to the case. The attorneymust also render bills that clearly identifythe costs and expenses incurred and theamount of the costs and expenses. (See Bus.and Prof. Code §6148(b).)

Whether or not there is a written fee agree-ment between the attorney and the client, dis-closure of the arrangement with Companymay be required. See Rule 3-500 and Bus. andProf. Code §6068, Subdivision (m), whichrequire that the client be kept reasonablyinformed about significant developments relat-ing to the representation and in regard to whichthe attorney has agreed to provide legal services.The Committee is of the opinion that if theclient pays both the attorney’s fees and costs ofthe contract with Company, the contract is a“significant development” within the mean-ing of both Rule 3-500 and Business andProfessions Code Section 6068, Subdivision

(m), since the client has hired the attorney toprepare and submit the appellate brief.

The Committee believes that the attor-ney must accurately disclose the basis uponwhich any cost is passed on to the client. Ifthe cost of Company’s services is simplypassed through to the client, the client shouldbe so informed. The client should also beinformed of the possibility of a refund of thecost if offered by the Company. If the attor-ney marks up the cost of Company’s ser-vices, the attorney must disclose the mark-up.(Rule 3-500, Bus. and Prof. Code §6068(m).)

Illegal or Unconscionable Fee

Rule 4-200 subdivision (A) states that “[a]member shall not enter into an agreement for,charge, or collect an illegal or unconscionablefee.” Rule 4-200 explains that “[u]ncon-scionability of a fee shall be determined on thebasis of all the facts and circumstances exist-ing at the time the agreement is entered intoexcept where the parties contemplate thatthe fee will be affected by later events.”Factors relevant to this inquiry in determin-ing the conscionability of a fee include, butare not limited to:

(1) The amount of the fee in proportionto the value of the services performed.…(10) The time and labor required.(11) The informed consent of the clientto the fee.11

A fee which “shocks the conscience” is un-conscionable. (Bushman v. State Bar, 11 Cal.3d 558, 564 (1974).) Charging a fee and not pro-viding substantial services has been determinedto be grounds for discipline. (Jones v. State Bar,49 Cal. 3d 273, 284 (1989).) Therefore, whetherthere is a violation of Rule 4-200 depends on thefacts and circumstance of each specific situationas determined at the time the fee agreement isinitiated. (Rule 4-200(A) and (B).)

The ethical issue presented here is whetherthe attorney’s fee to the client could be deemedunconscionable because of the attorney’sreliance on the work of the Company. TheCommittee believes that the amount paid by theattorney for Company’s work is not determi-native on the question of whether a fee isunconscionable. (Shaffer v. Superior Court, 33Cal. App. 4th 993 (1995) (in legal malpracticeaction, the amount of money paid to a contractattorney by a law firm was found irrelevant tothe question of whether law firm had chargedclient an unconscionable fee; nothing in Rule4-200 suggests that the attorney’s profit mar-gin is relevant to the issue. What is relevant tothe issue of conscionability is the fee whichthe client paid to the law firm as measured bythe factors listed in Rule 4-200.).)

Duty to Preserve Client Confidences andSecrets

COPRAC Formal Opinion 2004-165 explains

Los Angeles Lawyer November 2006 77

the duty to preserve inviolate client confi-dences and secrets:

Business and Professions Code section6068(e) states: “It is the duty of anattorney [t]o…maintain inviolate theconfidence, and at every peril to him-self or herself to preserve the secrets, ofhis or her client.” The scope of theprotection of client confidential infor-mation under Section 6068(e) has beenliberally applied. (See People v. Singh,123 Cal. App. 365, 11 P. 2d 73 (1932).)The duty to preserve a client’s confi-dential information is broader than theprotection afforded by the lawyer-clientprivilege. Confidential information forpurpose of Section 6068(e) includesany information gained in the engage-ment which the client does not wantdisclosed or the disclosure of which islikely to be embarrassing or detrimen-tal to the client. (Cal. State Bar FormalOpn. No. 1993-133.) The duty hasbeen applied even when the facts arealready part of the public record orwhere there are other sources of infor-mation. (See L.A. Cty. Bar Assn. FormalOpn. Nos. 267 & 386.)Confidential information can be disclosed

to outside contractors so long as the outsidecontractors agree to keep the client confi-dences and secrets inviolate. (See LACBAFormal Opinions 374, 423 (use of centralizedcomputer billing requires compliance withBusiness and Professions Code Section 6068,Subdivision (e)).) It is incumbent upon theattorney to ensure that client confidences andsecrets are protected, both by the attorney andby Company, throughout and subsequent tothe attorney’s contract relationship withCompany. (Rule 3-310, Discussion; LACBAFormal Opinion 374.)

Conflicts of Interest

Company may be working on other matterswhich conflict with and are potentially oractually adverse to the attorney’s client. Rule3-110, subdivision (A), imposes upon anattorney a duty to supervise the work oflegal assistants, which includes the duty to“‘give such assistants appropriate instruc-tion and supervision concerning the ethicalaspects of their employment.…’” (Hu v.Fang, 104 Cal. App. 4th 61, 64 (2002) (quot-ing ABA Model Rules Prof. Conduct, Rule5.3, com.) Therefore, the attorney should sat-isfy himself that no conflicts exist that wouldpreclude the representation. See, e.g., Rule3-310. The attorney must also recognizethat he or she could be held responsible forany conflict of interest that may be createdby the hiring of Company and which couldarise from relationships that Company devel-ops with others during the attorney’s rela-

tionship with Company.

Rule 1-400 and Standard (1)

Rule 1-400 is directed to disciplinary restric-tions on attorney advertising and solicita-tion.12 Standard (1) of the rule creates apresumption of a violation of Rule 1-400where a “communication” contains a guar-antee or warranty regarding the result of therepresentation.13 A “communication” withinthe meaning of Rule 1-400 is “[a]ny unso-licited correspondence from a member [ofthe State Bar of California] or law firmdirected to any person or entity.” (Rule 1-400 (A)(4).) Company offers to refund to theattorney all its charges if the appeal is notsuccessful. Since the representation of a con-tingent refund is made by Company to theattorney, it is not a “communication” withinthe meaning of rule 1-400 (A)(4) as definedabove since Company is not a member of theState Bar of California, nor is Company alaw firm.14 However, the attorney must con-sider the unconscionability of accepting anyrefund from Company which is not paidover to the client. (See discussion of rule 4-200, supra.)

This opinion is advisory only. The com-mittee acts on specific questions submitted exparte, and its opinion is based on the facts setforth in the inquiry submitted. ■

1 A “member” for purposes of the California Rules ofProfessional Conduct “means a member of the State Barof California.” Rule 1-100 (B)(2).2 Several ethics opinions discuss when a payment con-stitutes a division of a fee. See, e.g., LACBA FormalOpinion 457 (discussing fee arrangements with non-lawyers) and State Bar of California StandingCommittee on Professional Responsibility and Conduct(COPRAC) Formal Opinion 1994-138. COPRACFormal Opinion 1994-138 concluded that the criteriato determine whether there is a division of fees iswhether: 1) the amount paid to the outside lawyer iscompensation for the work performed and is paidwhether or not the law office is paid by the client, 2)the amount paid by the attorney to the outside lawyeris neither negotiated nor based on fees which havebeen paid to the attorney by the client, and 3) the out-side lawyer has no expectation of receiving a percent-age fee. If all three criteria are met, there is no divisionof fees. See also Chambers v. Kay, 29 Cal. 4th 142, 154(2002).3 It a misdemeanor to hold oneself out as practicing orentitled to practice law or otherwise practicing lawwhen not an active member of the State Bar ofCalifornia. BUS. & PROF. CODE §6126.4 Attorneys continually contract for assistance in legalresearch, preparation of documents, and expertise, beit from lawyers or nonlawyers, in furtherance of the rep-resentation of the client. It is the opinion of theCommittee that where an attorney contracts for thesetypes of services, it does not involve the unlawful prac-tice of law. The same would apply under this inquiry.5 The language of Rule 3-500 and the language ofBusiness and Professions Code §6068(m) are slightlydifferent. However, the disclosure requirements to theclient under both provisions are the same. Rule 3-500states: “[a] member shall keep a client reasonablyinformed about significant developments relating to the

employment or representation, including promptlycomplying with reasonable requests for information andcopies of significant documents when necessary tokeep the client so informed.” Business and ProfessionsCode §6068(m) states that it is the duty of an attorney“[t]o respond promptly to reasonable status inquiriesof clients and to keep clients reasonably informed ofsignificant developments in matters with regard towhich the attorney has agreed to provide legal services.”6 In most instances, the filing of an appellate brief willbe a “significant development.”7 The following language, found in COPRAC FormalOpinion 2004-165, is applicable to this inquiry: “Theattorney bears the responsibility to be reasonablyaware of the client’s expectations regarding counselworking on client’s matter because the responsibilitycan be readily discharged by the attorney through astandard written retainer agreement or disclosurebefore or during the course of the representation.”Compare Cal. State Bar Formal Opn. No. 1994-138 atfn.8: “It would be prudent for the law firm to includethe disclosure to the client in the attorney’s initialretainer letter or make that disclosure as soon thereafteras the decision to hire is made.” If Lawyer charges [con-tract lawyer’s] fees and costs to the client as a dis-bursement, Business and Professions Code Sections6147 and 6148 require Lawyer to state the client’sobligations for those charges in the written fee agree-ment, if contemplated at the time of the initial feeagreement, to the same extent as other costs chargedto the client.”8 Rule 1-100(C) states with respect to the purpose of“Discussions” to the rules: “Because it is a practicalimpossibility to convey in black letter form all of thenuances of the disciplinary rules, the comments con-tained in the Discussions of the rules, while they do notadd independent basis for imposing discipline, areintended to provide guidance for interpreting the rulesand practicing in compliance with them.”9 Rule 5-200(A) and (B) state: “In presenting a matterto a tribunal, a member:

(A) Shall employ, for the purposes of main-taining the causes confided to the membersuch means only as are consistent with truth;(B) Shall not seek to mislead the judge, judicialofficer, or jury by an artifice or false state-ment of fact or law.”

10 Business and Professions Code §6068(d) states thatit is the duty of an attorney “[t]o employ, for main-taining the causes confided to him or her those meansonly as are consistent with truth, and never to seek tomislead the judge or any judicial officer by an artificeor false statement of fact or law.”11 See Rule 4-200(B) for the entire list of 11 “factorsto be considered, where appropriate, in determining theconscionability of a fee.…”12 “The Rules of Professional Conduct are intended toestablish the standards for members for purposes of dis-cipline.” (Rule 1-100, Discussion.)13 Standard (1) of Rule 1-400, for which there is a pre-sumption of impropriety in violation of that rule,“Advertising and Solicitation,” states: “[a] ‘commu-nication’ which contains guarantees, warranties, orpredictions regarding the result of the representation.”14 Were Company a “law firm,” then the Standardwould apply if the communication respecting therefund was deemed to be a guarantee or warrantyregarding the result of the representation. However, thatwould be a concern of Company, and not the attorneyto whom the communication was made unless theattorney was also to communicate the same represen-tation to the client. It is assumed that is not the caseunder the facts of this inquiry. Since the focus of thisopinion is solely upon the ethical obligations of theattorney, the application of the Standard to Companyis not addressed.

78 Los Angeles Lawyer November 2006

Los Angeles Lawyer November 2006 79

Index to Advertisers

Accident Reconstruction Specialists, p. 44 Tel. 562-743-7230 www.FieldAndTestEngineering.com

Air, Weather & Sea Conditions, Inc., p. 55 Tel. 818-645-8632 www.weatherman.org

AMFS, Inc. (American Medical Forensic Specialists, Inc.), p. 64Tel. 800-275-8903 www.amfs.com

The Andela Consulting Group, Inc., p. 56Tel. 818-380-3102

Aon Direct Administrators/LACBA Prof. Liability, Inside Front CvrTel. 800-634-9177 www.attorneys-advantage.com

A R Tech Forensic Experts, Inc., p. 46 Tel. 818-344-2700 e-mail: artech@earthlink.net

Ashley Mediation Centers, p. 38 Tel. 949-852-0550 www.socalmediator.com

Assessco, Inc., p. 17 Tel. 866-456-1125 www.info@assessco.com

Ballenger, Cleveland & Issa LLC, p. 63 Tel. 310-873-1717

Lee Jay Berman, p. 25 Tel. 213-383-0438 www.leejayberman.com

Bruce Broukhim, MD, p. 72 Tel. 818-755-6500

Dr. Kenneth H. Brown, Chemical Expert Witness, p. 47 Tel. 866-243-6397 e-mail: drbrown@khbconsulting.com

Cbeyond, p. 19 Tel. 866-424-9649 www.cbeyond.net/legal

Cohen Miskei & Mowrey, p. 53 Tel. 818-986-5070 e-mail: cmmcpas@aol.com

Coldwell Banker, p. 37Tel. 310-442-1398 www.mickeykessler.com

Commerce Escrow Company, p. 39 Tel. 213-484-0855 www.comescrow.com

Law Office of Robert D. Coviello, p. 25 Tel. 310-277-7709 www.coviello-law.com

D. Wylie Associates, p. 47 Tel. 805-681-9289 www.drivingfatigue.com

DataChasers.com, p. 46 Tel. 951-780-7892 www.datachasers.com

Dale A. Eleniak, p. 51 Tel. 310-374-4662

E. L. Evans & Associates, p. 54 Tel. 310-559-4005

Esthetic Dentistry, p. 4 Tel. 213-553-4535 www.estheticdentistry.net

Forensic Expert Witness Association, p. 52 Tel. 949-640-9903 www.forensic.org

ForensisGroup Inc., p. 41 Tel. 626-795-5000 www.forensisgroup.com

Samuel K. Freshman, p. 73 Tel. 310-410-2300 e-mail: sfreshman@strdmgmt.com

Marc J. Friedman, M.D., p. 67 Tel. 818-901-6600 e-mail: mfriedman@scoi.com

FTI Consulting, p. 9 www.fticonsulting.com

FULCRUM Financial Inquiry LLP, p. 2 Tel. 213-787-4100 www.fulcruminquiry.com

Arnold L. Gilberg, MD, PhD., A Professional Corporation, p. 63Tel. 310-274-2304

Steven L. Gleitman, Esq., p. 4 Tel. 310-553-5080

G. Govine Consulting, p. 52 Tel. 626-564-0502 www.govineconsults.com

Gursey, Schneider & Company, p. 49Tel. 310-552-0960 www.gursey.com

Hargis & Associates, Inc., p. 51 Tel. 800-554-2744 www.hargis.com

Higgins, Marcus & Lovett, Inc., p. 47Tel. 213-617-7775 www.hmlinc.com

The Holmes Law Firm, p. 8Tel. 626-432-7222 www.theholmeslawfirm.com

G. L. Howard CPA, p. 6 Tel. 562-431-9844 e-mail: gary@glhowardcpa.com

Jack Trimarco & Associates Polygraph, Inc., p. 31 Tel. 310-247-2637 www.jacktrimarco.com

Jeffrey Kichaven, p. 6 Tel. 213-996-8465 www.jeffkichaven.com

KARS Advanced Materials, Inc., p. 72 Tel. 714-892-8987 www.karslab.com

Law Offices of Rock O. Kendall, p. 24 Tel. 949-365-5844 www.dmv-law.com

Kroll, p. 63Tel. 213-443-6090 www.krollworldwide.com

Krycler, Ervin, Taubman & Walheim, p. 59Tel. 818-995-1040 www.ketw.com

Lawrence H. Jacobson, Esq., p. 51 Tel. 310-271-0747 www.lawrencejacobson.com

Lawyers’ Mutual Insurance Co., p. 7 Tel. 800-252-2045 www.lawyersmutual.com

Law Offices of Boyd S. Lemon, p. 54 Tel. 310-827-0840 www.legalmalexpert.com

Lexis Publishing, p. 1, 13 www.lexis.com

MCLE4LAWYERS.COM, p. 31Tel. 310-552-5382 www.MCLEforlawyers.com

Metrocities Mortgage Inc., p. 8 Tel. 800-464-2484 www.metrociti.com

Clinton E. Miller, JD, p. 53

Tel. 408-279-1034 www.millerjd.qpg.com

Lawrence R. Moss, MD, p. 57 Tel. 310-838-6306 e-mail: lmoss@ucla.edu

Mr. Truck, p. 44 Tel. 925-625-4994 or 800-337-4994 e-mail: mrtruck@1mi.net

M. Nair, M.D. and Associates, p. 53 Tel. 562-493-2218 www.psychiatryforensic.com

National Properties Group, p. 63 Tel. 310-516-0022

Noriega Clinics, p. 82 Tel. 323-728-8268

Pacific Construction Consultants, Inc. (PCCI), p. 55Tel. 916-638-4848 www.pcci.biz

Pacific Health & Safety Consulting, Inc., p. 61 Tel. 949-253-4065 www.phsc-web.com

Paulson Reporting & Litigation Service, Inside Back Cvr Tel. 800-300-1214 www.paulsonreporting.com

Quo Jure Corporation, p. 39 Tel. 800-843-0660 www.quojure.com

Rimkus Consulting Group, Inc., p. 57 Tel 714-954-1912 www.rimkus.com

Ringler Associates, p. 24 Tel. 888-734-3910 www.ringlerassociates.com

Roosevelt Lofts, LLC, p. 15Tel. 877-88R-SVLT www.rsvlt.com

Rosen & Associates, PC, p. 59 Tel. 213-362-1000 www.rosen-law.com

R. S. Ruggles & Co., Inc., p. 38 Tel. 800-526-0863 www.rsruggles.com

Jonathan S. Rutchik, MD, p. 61 Tel. 415-381-3133 www.neoma.com

Sanli Pastore & Hill, Inc., p. 44 Tel. 310-571-3400 www.sphvalue.com

Steven R. Sauer APC, p. 31 Tel. 323-933-6833 e-mail: arbitr@aol.com

Stephen Sears, CPA-Attorney at Law, p. 25www.searsatty.com

Anita Rae Shapiro, p. 73 Tel. 714-529-0415 www.adr-shapiro.com

Speaker Series at the Music Center, p. 26 Tel. 213-972-0700

Stefanie Stolinsky, PhD., p. 67 Tel. 310-788-3436 www.act-it-out.com

Stonefield Josephson, Inc., p. 11Tel. 866-225-4511 www.sjaccounting.com

Jeff Sugar, M.D., p. 56 Tel. 310-322-6933 e-mail: jeffsugar@ucla.edu

Sylvester Consulting Group, p. 59 Tel. 310-0391-2080 e-mail: rrsylvester@mac.com

TASA, Technical Advisory Service for Attorneys, p. 35, 64 Tel. 800-523-2319 www.tasanet.com

Tarzana Treatment Centers, p. 37 Tel. 800-996-1051 www.tarzanatc.org

Thomas Neches & Company, p. 45 Tel. 213-624-8150 www.thomasneches.com

Toshiba/Copyfax Communication, p. 6 Tel. 714-892-2444 www.copyfax.net

UngerLaw, P.C., p. 18 Tel. 310-772-7700 www.ungerlaw.com

United States Postal Service, p. 5Tel. 800-ASK-USPS www.usps.com

URS, p. 49 Tel. 213-996-2555 www.urscorp.com

Vision Sciences Research Corporation, p. 72 Tel. 925-837-2083 www.contrastsensitivity.net

Temmy Walker, Inc., p. 73 Tel. 818-760-3355

Law Offices of Alan D. Wallace, p. 74 Tel. 818-501-0133 www.expertwitnessre.com

Waronzof Associates, p. 41 Tel. 310-954-8060 www.waronzof.com

West Group, Back Cover Tel. 800-762-5272 www.westgroup.com

White, Zuckerman, Warsavsky, Luna, Wolf & Hunt, p. 43 Tel. 818-981-4226 www.wzwlw.com

Lesther Winkler, M.D., p. 74 Tel. 818-349-8568

Witkin & Eisinger, LLC, p. 38 Tel. 310-670-1500

Lewis Yablonsky, PhD., p. 67 Tel. 310-450-3697 e-mail: expertwitness@lewyablonsky.com

Zivetz, Schwartz & Saltsman, p. 41 Tel. 310-826-1040 www.zsscpa.com

THE LOS ANGELES COUNTY BAR FOUNDATION’S 2005-2006 fund drive raised approximately $339,000 from corporations, foundations, individuals, law firms and oth-

ers. Direct contributions from law firms totaled $112,795; indi-viduals contributed $117,943; and corporations, foundations andothers contributed $17,500. In addition to these direct contribu-tions, approximately $91,000 was contributed to the Foundationby individuals, corporations and law firms by means of theAssociation’s annual dues statement voluntary contribution.

The Foundation wishes to express sincere thanks to all who con-tributed during the 2005-2006 campaign. As part of the procedures

required in connection with its annual audit, the Foundationhereby lists all individuals who made contributions of $200 ormore, and all law firms, corporations, foundations and otherorganizations that contributed $1,000 or more during the periodbeginning July 1, 2005, and ending June 30, 2006. If you are notlisted below, and you made a contribution to the Foundation fit-ting any of the above criteria, please contact the Foundation’sindependent certified public accountants, Green, Hasson &Janks LLP, by calling Tom Barry directly at (310) 873-1647.

The Foundation regrets that space limitations prevent the list-ing of the names of all contributors.

2005-2006 Fund Drive

Results

INDIVIDUAL CONTRIBUTIONS

$10,000 or moreThomas V. GirardiRuth J. Lavine

$3,500-$9,999Shirley & Ralph Shapiro

$2,000-$3,499Joseph W. AustinGlen B. CollyerMargaret LevyKathleen M. McDowellRobin Meadow

$1,000-$1,999Don Mike AnthonyCharles G. Bakaly, Jr.Michael I. BlaylockJohn S. ChangWalter Cochran-BondJohn J. CollinsKnox M. Cologne IIIBrian K. CondonRaphael & Joan CotkinAlbert F. DavisKatessa Charles DavisStephen R. English & Molly

MungerGregory EvansRichard E. HodgeLeonard HorwinRobert K. JohnsonJames C. MartinEdith R. MatthaiJohn J. QuinnMitchell C. RegenstreifWayne SimonJill SwitzerRhonda R. TrotterEric A. Webber & Gerard C.

KraaijeveldMartin H. WebsterDaniel J. WoodsHon. Paul WylerDonna J. Zenor

$500-$999Linda Auerbach AllderdicePaula AmbrosiniDonald P. BakerTeresa A. BeaudetMollie F. BenedictIvy Kagan BiermanJamie BroderThomas M. BrownCarolyn C. BurgerRobert E. CarlsonPaul S. ChanTyrone R. ChildressJordan S. CohenHon. Lawrence W. CrispoAndrew J. DemetriouRobert W. DickersonGregg A. FarleyStuart A. ForsythRichard E. Garcia

Mark GarsciaRichard B. GoetzJo-Ann W. GraceNoah GraffSarah Heck GriffinAmos E. HartstonJohn E. HatherleyRose A. HickmanPrinceton H. KimJames H. Kindel, Jr.Linda M. LawsonJames D. LaydenBruce R. LedermanLarry & Bobbie LiebenbaumWilbur F. LittlefieldHon. Nora M. ManellaGregg A. MartinCharles E. MichaelsTheodore N. MillerAudra M. MoriGretchen M. NelsonCommr. Steff PadillaPatricia D. PhillipsMarc L. SallusAlice A. SalvoLaura A. SeigleMarc M. SeltzerJeffrey C. SozaAlan K. SteinbrecherSusan Koehler SullivanWilliam E. ThomsonKenneth P. WhiteSuzanne V. Wilson

$200-$499Roy H. AaronDaniel S. BishopWilliam J. BogaardMichael K. BrownAlan B. ClarkPatricia Egan DaehnkeLaurence R. GoldmanFeris M. GreenbergerChristine P. HayashiAndres C. HurwitzHoward M. KneeNancy KnupferMarcia L. KraftJennifer A. LandauThomas J. LeanseBernard E. & Joan M. LeSageMichael S. LureyLeAnne E. MaillianJennifer F. NovakJeffrey P. PalmerRalph B. Perry IIIThomas D. PhelpsJames G. PhillippMichael & Lara SchwartzMargaret P. StevensLinda M. StudeMichael A. TomasuloRobert S. Warren

LAW FIRM CONTRIBUTIONS

$9,000 and aboveLatham & Watkins LLP

$6,000-$8,999Morrison & Foerster

Foundation

$5,000-$5,999Akin, Gump, Strauss, Hauer &

Feld LLPKaye Scholer LLPMunger, Tolles & Olson LLPO’Melveny & Myers LLPPaul, Hastings, Janofsky &

Walker LLP

$3,000-$4,999Alschuler Grossman Stein &

Kahan LLPIrell & Manella LLPKirkland & Ellis LLPManatt, Phelps & Phillips LLPMcKenna, Long & Aldridge LLPMorgan, Lewis & Bockius LLPReed Smith LLPSidley Austin LLPSkadden, Arps, Slate, Meagher

& Flom LLP

$2,000-$2,999Allen, Matkins, Leck, Gamble &

Mallory LLPArnold & Porter LLPBird, Marella, Boxer, Wolpert,

Nessim, Drooks & Lincenberg APC

Howrey LLPJaffe & ClemensJones DayLaw Offices of Cindy J. MachoPerkins Coie LLPWhite & Case LLP

$1,000-$1,999Baker & Hostetler LLPBonne Bridges, Mueller,

O’Keefe & Nichols APCBrown Raysman Millstein

Felder & Steiner LLPChadbourne & Parke LLPCotkin, Collins & Ginsburg APCEpstein, Becker & GreenFulbright & Jaworski LLPGreines, Martin, Stein &

Richland LLPHahn & Hahn LLPHaight, Brown & Bonesteel LLPHeller Ehrman LLPHochman, Salkin, Rettig,

Toscher & Perez P.C.Horvitz & Levy LLP Hughes, Hubbard & Reed LLPKaufman, Young, Spiegel,

Robinson & Kenerson LLPLewis, Brisbois, Bisgaard &

Smith LLPLiner, Yankelevitz, Sunshine &

Regenstreif LLPMeserve, Mumper &

Hughes LLPPillsbury Winthrop Shaw

Pittman LLPProskauer Rose LLP

Rutter, Hobbs & Davidoff Inc.Sedgwick, Detert, Moran &

Arnold LLPStephan, Oringher, Richman,

Theodora & Miller APCStroock & Stroock & Lavan LLPTucker Ellis & West LLP

OTHER CONTRIBUTIONS

$10,000 and aboveAmerican Corporate Counsel

Association—Southern California Chapter

$5,000-$9,999Los Angeles County Bar

Association Barristers

$1,000-$4,999Los Angeles County Bar

Association Businessand Corporations Law Section

Sempra Energy

IN MEMORY OF...

JOSEPH A. BALL, byThomas J. LeanseWilbur F. LittlefieldDouglas Wilson Otto

CHARLES R. ENGLISH, byRoy H. AaronWilliam J. BogaardHon. Norman L. EpsteinWilbur F. LittlefieldLeAnne E. MaillianJudge & Mrs. Harvey A.

SchneiderJohn D. Taylor

LISA FRANCINE ROWAN, byLarry & Bobbie Liebenbaum

CLARA G. STEVENSON, byKaren L. Stevenson

JOSEPH TABACK, byLaurence R. Goldman

VINCENT M. TOWNSEND, JR.,byWilbur F. LittlefieldRalph B. Perry III

PEARL WITT, byNancy Knupfer

IN HONOR OF...

ROY H. AARON, byHon. Kenji Machida

DONALD P. BAKER, byAlan B. Clark

JOHN H. BRINSLEY, byMargaret LevyHoward M. PrivetteShirley & Ralph Shapiro

GLEN B. COLLYER, byBruce R. Lederman

CHIEF JUSTICE RONALDGEORGE, by Shirley & Ralph Shapiro

MARGARET LEVY, byMiriam Reisman

LAWRENCE F. LIEBENBAUM, byThomas J. Leanse

JOHN MANLEY, byNeda Ganjeh-Tabe

The Foundation would also liketo give special recognition to thefollowing individuals whose participation in various pledgeprograms (as of 6/30/06) reflectsa firm commitment to theFoundation’s goals:

HONOR ROLL

Participants have contributed,or pledged to contribute, theamounts shown for each category in annual minimuminstallments of at least $1,000.(List includes participants as of6/30/06.)

Founder ($50,000 or more)Hyman J. BradofskyThomas V. GirardiHutto Patterson Charitable

FoundationJ.W. & Ida M. Jameson

FoundationHon. Richard A. & Ruth J.

LavineDonald C. MitchellRalph J. Shapiro

Benefactor ($25,000 - $49,999)Roy H. AaronJules & Doris Stein FoundationLloyd & Susan Stockel

Patron ($15,000 - $24,999)Don Mike AnthonyJoseph R. AustinWilliam J. BogaardRobert E. CarlsonRichard ChernickKnox M. Cologne IIIStephen R. English & Molly

MungerStanley F. FarrarRobert K. JohnsonRobin MeadowGavin MillerIn Honor of David PascaleJohn J. QuinnIn Honor of Richard WalchRobert S. Warren

80 Los Angeles Lawyer November 2006

Sponsor ($10,000-$14,999)Joseph W. AidlinJohn CarsonGerald L. ChaleffJohn J. CollinsCharles R. EnglishRichard E. GarciaHarry L. HathawayRichard E. HodgePatrick M. KellyJoel W. H. KleinbergMargaret LevyNeal S. MillardCovert E. Parnell IIIJoseph TabackDavid H. VenaHon. Charles S. VogelDaniel J. WoodsDonna J. Zenor

Friend ($5,000-$9,999)Steven W. BaconCharles G. Bakaly, Jr.Donald P. BakerTeresa A. BeaudetPatricia H. BensonJohn S. ChangWalter Cochran-BondPaul F. & Isabel R. CohenGlen B. CollyerJoe D. CriderDonald A. DaucherKatessa Charles DavisAndrew J. DemetriouLee Edmon & Dick BurdgeLarry R. FeldmanMark GarsciaAlbert S. GolbertDavid E. Gordon & Mary D.

LaneHon. William P. GraySarah Heck GriffinRex S. HeinkeHon. William P. HogoboomMaria D. HummerJohn D. HusseyJoan R. IsaacsLeonard S. JanofskyVincent W. JonesMartha B. JordanJames H. Kindel, Jr.Sandra R. KingRichard G. LaPorteBernard E. & Joan M. LeSageLarry & Bobbie LiebenbaumJames C. MartinEdith R. MatthaiMalissa Hathaway McKeithTheodore N. MillerHon. Anthony J. MohrHon. Margaret M. MorrowHon. Margaret A. NagleJohn F. O’HaraRonald L. OlsonAndrea Sheridan OrdinEllen A. PanskyDavid J. & Cynthia F. PasternakAulana L. PetersThomas D. PhelpsPatricia D. PhillipsMitchell C. RegenstreifKenneth O. RhodesDouglas RingReade H. Ryan, Jr.Harvey L. SilbertWayne SimonSheldon H. SloanLinda J. SmithJohn D. TaylorWilliam W. Vaughn

Martin H. WebsterHon. Robert WeilJohn S. WelchFrancis M. WheatIn Memory of Arnold V.

WinthropHon. Paul Wyler

PRESIDENTS CLUBFormer Bar Association or BarFoundation presidents who have contributed or pledged to con-tribute a minimum of $5,000 tothe Foundation. (List includes participants as of 6/30/06.)

Roy H. AaronDon Mike AnthonyJoseph R. AustinDonald P. BakerRobert E. CarlsonJohn CarsonGerald ChaleffRichard ChernickJohn J. CollinsGlen B. CollyerKnox M. Cologne IIIDonald A. DaucherHon. Lee Smalley EdmonCharles R. EnglishStephen R. EnglishLarry R. FeldmanDavid E. GordonHon. William P. GraySarah Heck GriffinHarry L. HathawayRex S. HeinkeJohn D. HusseyJoan R. IsaacsLeonard S. JanofskyVincent W. JonesPatrick M. KellyRuth J. LavineFred L. LeydorfLawrence F. LiebenbaumEdith R. MatthaiRobin MeadowNeal S. MillardGavin MillerHon. Margaret M. MorrowJohn F. O’HaraAndrea Sheridan OrdinDavid J. PasternakPatricia D. PhillipsJohn J. QuinnSheldon H. SloanSusan R. StockelJohn D. TaylorHon. Charles S. VogelRobert S. WarrenMartin H. WebsterJohn S. WelchFrancis M. WheatDonna J. Zenor

LIFE FELLOWSA Life Fellow has contributed, orpledged to contribute, $2,500 tothe Foundation. Annual install-ments must be at least $500. (List includes participants as of6/30/06 who have made a contri-bution within the last 10 years.)

James N. AdlerLinda Auerbach AllderdicePaula AmbrosiniHon. Orville A. ArmstrongJane H. BarrettLori R. BeharMollie F. Benedict

Jennifer A. BenschIvy Kagan BiermanMichael I. BlaylockMerrick J. BobbPhillip L. BoslTheodore J. Boutrous, Jr.Jamie BroderThomas M. BrownGeoffrey L. BryanCarolyn C. BurgerPaul A. CatalanoPaul S. ChanTyrone R. ChildressArlene Colman-SchwimmerBrian K. CondonHon. Lawrence W. CrispoHon. H. Walter CroskeyPatricia Egan DaehnkeGrace M. DanzigerAlbert F. DavisRobert W. DickersonPamela Dunn & Maria Louise

CousineauGregory EvansJonathan W. EvansLaura V. FarberGregg A. FarleyHon. Macklin FlemingStuart A. ForsythGeorgia Franklin-ShutanJeffrey C. FreedmanJames J. GallagherRussell T. GiniseRichard B. GoetzJo-Ann W. GraceNoah GraffJan Charles GrayAlan N. HalkettAmos E. HartstonHon. Rex HeesemanGrover R. HeylerLeonard HorwinBernard S. KamineKelly W. KayRussel I. KullyLinda M. LawsonJames D. LaydenRoderick W. LeonardMichael S. LureyLeAnne E. MaillianHon. Nora M. ManellaVicki E. Marmorstein & Seth A.

RibnerKathleen M. McDowellMichael E. MeyerCharles E. MichaelsAudra MoriRichard T. MorrowRichard H. Nakamura, Jr.Mark A. NeubauerRobert H. NidaAndrew J. NocasStacey Olliff & Tracy RichCommr. Steff PadillaLee R. PetillonKaren RandallBarbara A. ReevesDennis D. ReshHon. Andria K. RicheyDavid K. RobinsonDeborah J. RuoschHarvey I. SafersteinNicholas P. SaggeseMarc L. SallusAlice A. SalvoLaura A. SeigleMarc M. SeltzerPatricia L. ShanksJeffrey C. SozaJohn R. Stahr

Sheryl E. SteinAlan K. SteinbrecherDavid W. SteuberClinton R. StevensonLinda M. StudeSusan Koehler SullivanJill SwitzerHon. Robert M. TalcottWilliam E. ThomsonEugene L. TropeRhonda R. TrotterSusan J. TroyDavid C. TsengPatric M. VerroneCaroline C. VincentRichard S. VolpertRichard WalchKenneth P. WhiteKaren B. Wong & Scott W. LeeKenneth B. WrightRosalyn S. Zakheim

2005-06 FELLOWSIndividuals who contributed aminimum of $500 between7/1/05-6/30/06 and are notBarristers Fellows, Life Fellows or Honor Roll participants.

Jordan S. CohenRaphael & Joan CotkinJohn E. HatherleyBruce R. LedermanGregg A. MartinGretchen M. NelsonEric A. Webber & Gerard C.

KraaijeveldSuzanne V. Wilson

BARRISTERS FELLOWSA Barristers Fellow has contrib-uted, or pledged to contributeover a five-year period, $500 tothe Foundation. Barristers areindividuals who are 36 years ofage or less or who have been inpractice 10 years or less. (Listincludes participants as of6/30/06.)

Randee BarakSandeep BawejaGabrielle Harner BrumbachShawn C. ChouLuci-Ellen M. ChunSusan Skelding CouigRebecca A. DelfinoJoseph T. HahnRose A. HickmanAndres C. HurwitzCheryl Johnson-HartwellNancy A. KaiserPrinceton H. KimSeth D. LevyCindy J. MachoRitu ManjunathJennifer F. NovakAngela J. ReddockAndrea SchoorMichelle Inouye SchultzLorin D. SnyderMargaret P. StevensCourtney L. Stuart-AlbanPaul D. Tripodi IIKim TungGavin Hachiya WassermanKathleen MacFarlane Waters

SUPPORTING MEMBERSIndividuals who have pledged tocontribute a minimum of $100

annually to the Foundation.Those with asterisks havepreviously completed pledgesat the Barristers Fellow*, LifeFellow** or Honor Roll*** leveland have chosen to continuesupporting the Foundation withan annual gift. (List includesparticipants as of 6/30/06.)

John W. Alden, Jr.Don Mike Anthony***Hon. Helen I. BendixMichael H. BiermanGeorge F. Bird, Jr.Maxwell M. BlecherBrad D. BrianLester O. BrownWilliam Clark BrownElizabeth M. Calciano*John L. CarltonAlan B. ClarkHon. H. Walter Croskey**Brian L. DavidoffDavid S. EisenJeffrey W. ErdmanJack I. EsenstenMichele E. Flurer*Thomas A. Freiberg, Jr.Robert S. GersteinMark T. Gillett*Philip G. GrantEthan P. GreeneJean A. HobartDenise HowellBrian D. HubenShirley M. HufstedlerJoan R. Isaacs***Lois M. JacobsSamantha Phillips JessnerRonald L. JohnstonHenry J. JosefsbergRuth D. Kahn*Terri D. KevilleMarcia L. KraftMiriam A. KrinskyRobert N. KwanEdward A. LandryThomas J. LeanseAndrea B. LiebenbaumLarry & Bobbie Liebenbaum***Tomas R. LopezLeAnne E. Maillian**Elaine MandelLinda Wight MazurFrederick L. McKnightDanette E. MeyersRalph B. PerryJohn J. Quinn***Jerrold B. ReillyToby J. RothschildMelanie Hanson SartorisPeter SchnaitmanMichael & Lara Schwartz*Barry E. ShanleyArthur F. SilbergeldLinda M. Stude**Paul D. SupnikMichael A. TomasuloPatricia A. Van DykeJohn D. VandeveldeCaroline C. Vincent**Richard Walch**Earl P. WillensRoxanne M. WilsonRosalyn S. Zakheim**Michael C. Zellers

Fundraising for the current fiscal year (7/1/2006-6/30/2007) is now underway. The Foundation makes grants to law-related projects serving Los Angeles County. Visit the LACBFWeb page at www.lacba.org/foundation to learn more about the Foundation and to see a list of its 2006 grant recipients. You may also contact the Foundation’s administrator,Linda Stude, at (213) 896-6409 or e-mail her at lstude@lacba.org. To lend your support, send a tax-deductible contribution to: Los Angeles County Bar Foundation, P.O. Box55020, Los Angeles, CA 90055.

Los Angeles Lawyer November 2006 81

82 Los Angeles Lawyer November 2006

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Los Angeles Lawyer November 2006 83

CLE Preview

ON TUESDAY, NOVEMBER 14, the Los Angeles County Bar Association will host a

presentation by Russell Jackman on using Power Point in the courtroom. This lecture

will teach attorneys how to get the most out of Power Point by showing how it can be

used to organize a case visually. Attorneys will also learn about and discuss

strategies on what specific animations, colors, and techniques work best in

litigation scenarios. Attorneys are urged to bring along their laptops so that they can

follow along with some of the techniques shown during the session.

The presentation will cover setting up and manipulating slides, wizard options,

premade slides, blank slides, text effects, pictures, borders, label, animation, text

boxes, and video and audio. If you do bring your computer, you should have

Microsoft Office Power Point 2003. The program will take place at the LACBA

Conference Center, 281 South Figueroa Street, Downtown. Reduced parking is

available with validation for $9. On-site registration and the meal will begin at 5

P.M., with the program continuing from 5:30 to 9:15. The registration code number is

009377. The prices below include the meal.

$175—CLE+PLUS members$300—LACBA members$450—all others$225—Barristers, Litigation, and Small and Solo Section members3.50 CLE hours

INTEGRATION OF

LEGAL TECHNOLOGIESOn Tuesday, December 5, the Los Angeles

County Bar Association and the Litigation

Section will host a program for litigators

who are using or are considering using

automated litigation support tools to

manage documents and transcripts. Further

attention will be directed to case calendar

and case pleading management. The

presenters, Russell Jackman and Alexander

H. Lubarsky, will compare and demonstrate

the basic features of the leading litigation

support tools: Introspect by Steelpoint

Technologies, Summation by Summation

Legal Technologies, Concordance by

Dataflight Software, and

CaseMap/TimeMap by CaseSoft, Inc.

Presentations, reviews, and promotional

discounts will be offered. This program is a

must for everyone from the solo litigator to

the large firm litigation support manager

who wishes to leverage technology. The

program will take place at the LACBA

Conference Center, 281 South Figueroa

Street, Downtown. Reduced parking is

available with validation for $9. On-site

registration and the meal will begin at 4:30

P.M., with the program continuing from 5 to

8:45 P.M. The registration code number is

009378. The prices below include the meal.

$75—CLE+PLUS members

$95—Litigation and Small and Solo Section

members

$105—LACBA members

$125—all others

3.5 CLE hours

ON TUESDAY, NOVEMBER 7, the Los Angeles County Bar Association will host a

program led by Michael Glick and Alexander H. Lubarsky concerning how a small

or solo law office can go paperless to run more efficiently and profitably. Is there

really a better way? How can technology make the volume of paper manageable?

The speakers will lead a discussion of the techniques for adopting and utilizing

new discovery systems to help one’s law practice become more efficient.

Participants will explore how technology can help small firms increase

efficiency, increase profits, and be able to manage big-document cases in

competition with larger firms. The program will take place at the LACBA

Conference Center, 281 South Figueroa Street, Downtown. Reduced parking is

available with validation for $9. On-site registration and the meal will begin at 5

P.M., with the program continuing from 5:30 to 9:15. The registration code

number is 009431. The prices below include the meal.

$55—CLE+PLUS members$85—Family Law, Immigration, IPELS, Small and Solo, and Social SecuritySection members$100—LACBA members$125-all others3.5 CLE hours

Go Paperless

Power Point for Litigators

The Los Angeles County Bar Association is a State Bar of California MCLE approved provider. To register for the programs listed on this page, please call the Member Service Department at (213) 896-6560 or visit the Association Web site at http://calendar.lacba.org/.

For a full listing of this month’s Association programs, please consult the County Bar Update.

ACCORDING TO WEBSTER’S DICTIONARY, an urban legend is “an oftenlurid story or anecdote that is based on hearsay and widely circulatedas true.” Although it has been a year since the passage of theBankruptcy Abuse Prevention and Consumer Protection Act of 2005(BAPCPA), I still find that a number of urban legends about the newlaw remain in the public’s mind. The most notable is that bankruptcyis no longer an option for most—and the “fresh start” once affordedto honest debtors is a thing of the past. As a bankruptcy and consumerprotection lawyer, I have advised many individuals who are over-whelmed by debt and contemplating filing for bankruptcy. It is timeto deconstruct these myths. Here is a listof the top five urban legends aboutBAPCPA and its impact on consumers.

Urban Legend 1: Most people whocould file for bankruptcy under the oldlaw can no longer file under the new law.The bankruptcy system under BAPCPAcontains significant new components,including a means test, more stringentdocumentation requirements, andincreased filing fees. Admittedly, the meanstest could be onerous and push somedebtors into a chapter 13 repayment plan instead of chapter 7 liq-uidation. However, the fact is the majority of debtors who qualifiedfor chapter 7 relief under the old law will still qualify under the newsystem without evoking the means test. Moreover, the documents nowrequired to be produced—such as federal income tax returns and pay-check stubs—generally are readily available to debtors. Also, thebankruptcy filing fee can be waived or paid in installments if the per-son demonstrates an inability to pay it.

Urban Legend 2: If you file for bankruptcy, you will lose your prop-erty. The bankruptcy exemption scheme was modified by BAPCPAbased on residency and other factors, but the substantive exemptionsstill exist. In California, for example, there is a wild card or catch-all exemption that allows debtors to protect their assets, such as realproperty, vehicles, and the like. Moreover, if a person has debtsecured by property, such as a car loan, and he or she can afford tocontinue making payments, the property will not be lost. UnderBAPCPA, a debtor may sign a reaffirmation agreement with thesecured creditor to keep the property. By doing so, the debtor assumeslegal responsibility for making future payments. The bottom line isthat most people will not lose their property under the amended bank-ruptcy system.

Urban Legend 3: Bankruptcy will not stop creditor harassment.One of the cornerstones of the bankruptcy system is the automaticstay, which stops debt collection efforts such as phone calls, letters,foreclosure, repossession, and lawsuits upon the filing of a bankruptcypetition. It is true that the automatic stay has been modified withrespect to notice requirements, pending evictions, and repeat filings,but an experienced attorney can surely guide the debtor through the

maze. Because the automatic stay continues to be a protection pro-vided by bankruptcy law, debtors can rest assured that they will befree from creditor harassment.

Urban Legend 4: The new credit counseling requirement is too dif-ficult to comply with and too costly. Debtors must now complete creditcounseling within 180 days before filing for bankruptcy, but this canbe achieved at minimal cost and effort. Debtors have the option offulfilling the credit counseling requirement by telephone, Internet, orin person. Services are offered in various languages—includingSpanish, Korean, and Chinese—and fee waivers are available to off-

set the cost for some. A bankruptcy judge may even waive thisrequirement in the event a person cannot find adequate credit coun-seling services in his or her judicial district.

Urban Legend 5: The new law has effectively rendered pro bonoassistance obsolete. Corporate and commercial law attorneys haveexpressed concern about the new attorney liability provisions. Namely,BAPCPA requires consumer attorneys who become classified as a “debtrelief agency” to comply with additional duties and certifications orbe liable for penalties. However, it is unlikely that these provisionsapply to pro bono services. First, fees and costs cannot be assessedagainst attorneys who are representing debtors in chapter 13 cases.Second, the new provisions are inapplicable if a debtor falls belowthe median income established annually by the U.S. Census Bureaubased on the debtor’s place of residence and family size. Lastly, probono attorneys are arguably excluded from the definition of a “debtrelief agency” because their legal services are provided to the debtorfree of charge. Pro bono attorneys are certainly still necessary—andable—to assist the poor through the myriad new bankruptcy require-ments that are imposed by BAPCPA.

As bankruptcy folklore continues to evolve, it is important to keepin mind that bankruptcy may still be the best option for those whocannot afford to pay their bills. It is therefore advisable for individ-uals interested in filing for bankruptcy to consult an experienced bank-ruptcy attorney. Low-income debtors should consult the bar associ-ation in their area to see if they are eligible for free legal services. ■

BY DOVIE YOANA KING

Dovie Yoana King is an attorney at the Mexican American Legal Defense and

Educational Fund in Los Angeles.

84 Los Angeles Lawyer November 2006

Closing Argument

Urban Legends about the New Bankruptcy Law

Pro bono attorneys are certainly still necessary—and able—to assist

the poor through the myriad new bankruptcy requirements that are

imposed by BAPCPA.

http://www.paulsonreporting.com

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