2008 Article Index

Index to Articles Appearing in Volume 50, 2008
Orange County Lawyer Magazine


As a service to our readers, follows an index to Features, Special Features, Columns, and select Departments appearing in calendar year 2008. The index is arranged alphabetically by major article topic, then alphabetically within that topic.

Administrative Law

  • Some Judges Still Ride the Circuit, by James R. Goff, April p.34

Civil Procedure and Related Issues

  • Extracting the Thorn From Your Client’s Side: Pro Per Litigants and the California Vexatious Litigant Statutes, by Kerry Franich, November p.38

Class Action

  • Requirements for Preliminary and Final Approval of Class Action Settlements and for Dismissal of Class Actions, by Jeremy G. March, April p.20

Contract Law

  • Beyond the Battle of the Forms - UCC Warranty Limitations: “How To Make ‘Em and How to Break ‘Em,” by Gregory E. Robinson, October p.18

Corporations and Business Entities

  • The Liabilities of Social Networking Websites, by J. Craig Williams, May p.6
  • The Market Approach to Business Valuation—Using Privately Held Businesses, by Stephen M. Zamucen and Daniel C. Curren, October p.40
  • Win That Business: Thoughts from the Trenches on How Buyers Can Succeed in the Mergers and Acquisitions Auction, by Terry Allen, January p.18

Courts, News and Updates

  • The Appellate Division of the Superior Court: An Overview and Tips for Successful Practice, by Hon. Charles Margines and Karen Hagler, December p.34
  • Meet Alan M. Carlson—Orange County Superior Court’s New Chief Executive Officer, by Richard W. Millar, Jr., November p.35
  • We Heard You Results of the Superior Court’s Attorney Survey, by Sheila Recio, May p.18

Criminal Law and Procedure

  • Attorneys Serving Justice: Special Masters for Uncommon Suspects, by Rock Kendall, January p.24
  • Volunteers are Vital to the Success of the Collaborative Courts, by Paul W. Shapiro, February p.10

Dispute Resolution, Arbitration, and Mediation

  • Avoiding the Arbitration Trap: The Existence of an Arbitration Provision Does Not Necessarily Mean There Is An Agreement to Arbitrate, by Dan E. Heck, December p.10
  • Five Steps (and Several Suggestions) That Lead to a Successful Mediation, by Robert A. Merring, October p.34
  • When Does Arbitration Make Sense?, by Erik Andersen, October p.24

Ethics and Professional Responsibility

  • Civility Amongst Lawyers: Does Our Conduct Need the State Bar’s New Guidelines?, by Jan Frankel Schau, March p.38
  • Ethically Speaking: Addressing the Intricacies of Future Conflict Waivers, by Carole J. Buckner, November p.46
  • Ethically Speaking: The Coming New Ethics Rules—New Concepts, by Robert K. Sall, May p.50
  • Ethically Speaking: Is Screening on the Horizon in California?, by Carole J. Buckner and Robert Sall, August p.44
  • Ethically Speaking: Malpractice Insurance Disclosure Lurches Toward Approval, by Carole J. Buckner, April p.50
  • Ethically Speaking: Point/Counterpoint: Sex With Clients: Prohibition or Permission?, by Carole J. Buckner and Robert K. Sall, February p.38
  • Ethically Speaking: The Qualcomm Fiasco, Part I, by David Demurjian, June p.48
  • Ethically Speaking: The Qualcomm Fiasco, Part II, by David Demurjian, July p.50
  • Ethically Speaking: Rough Sailing on the Seas of Inadvertent Disclosure, by Robert K. Sall, March p.46
  • Ethically Speaking: The Year in Review: Top Ethics Developments of 2007, by the OCBA Committee on Professionalism and Ethics, January p.44
  • Familiarize Yourself with Procedural Rules Before Taking on the California State Bar, by Matthew R. Pahl, June p.24

Family Law

  • Practice Tips for Non-Family Attorneys Whose Clients are Contemplating Separation or Divorce, by Mark E. Minyard, June p.38
  • Research-Based Analysis of Joint Custody Presumptions: Thinking Outside the Box, by Stephen D. Adam, Ph.D. and W. Russell Johson, Ph.D., July p.38
  • Stepping Up to Family Law, by Hon. Clay M. Smith, July p.43

Humor and the Law

  • A Criminal Waste of Space: 21st Century Faux, by Justice William W. Bedsworth, February p.46
  • A Criminal Waste of Space: Bronko Nagurski and the Magical Penis Thieves, by Justice William W. Bedsworth, July p.54
  • A Criminal Waste of Space: Gorilla Warfare, by Justice William W. Bedsworth, March p.50
  • A Criminal Waste of Space: Is That a Kielbasa in Your Pocket?, by Justice William W. Bedsworth, November p.54
  • A Criminal Waste of Space: Just Another Day in the Monkey House, by Justice William W. Bedsworth, September p.56
  • A Criminal Waste of Space: The Korean Alien Penumbra Conundrum, by Justice William W. Bedsworth, January p.54
  • A Criminal Waste of Space: Next Step: Ruby Slippers, Justice William W. Bedsworth, August p.50
  • A Criminal Waste of Space: The Ruby Laffoon Rule, by Justice William W. Bedsworth, April p.54
  • A Criminal Waste of Space: Schaddenfreude a la Spitzer, by Justice William W. Bedsworth, May p.54
  • A Criminal Waste of Space: Two Friends and a Limo, by Justice William W. Bedsworth, June p.54
  • A Criminal Waste of Space: The Tyranny of Small Laws, by Justice William W. Bedsworth, December p.52
  • A Criminal Waste of Space: Unsafe at Any Speed, by Justice William W. Bedsworth, October p.54
  • Millar’s JurisDiction: ADR and the Unruly Lawyer: Bailiffs at JAMS?, by Richard W. Millar, Jr., May p.47
  • Millar’s JurisDiction: Art Linkletter Updated: Judges Say the Darndest Things, by Richard W. Millar, Jr., July p.47
  • Millar’s JurisDiction: Curb the Potty Mouth Client: Sanction the Lawyer, by Richard W. Millar, Jr., June p.14
  • Millar’s JurisDiction: Dial J for Jail, by Richard W. Millar, Jr., August p.42
  • Millar’s JurisDiction: Forged Orders and Window Washers: A Lawyer’s Downfall, by Richard W. Millar, Jr., September p.14
  • Millar’s JurisDiction: Life Imitates the Movies: Harry and Sally Meet the Commonwealth Court of Pennsylvania, by Richard W. Millar, Jr., October p.46
  • Millar’s JurisDiction: Pole Vaulting to a New Trial, April p.14
  • Millar’s JurisDiction: Taking “You Be the Judge” One Step Too Far, by Richard W. Millar, Jr., March p.36
  • Millar’s JurisDiction: A Tale of Two Attilas, by Richard W. Millar, Jr., February p.14

Immigration Law

  • 2007 Immigration Law in Review, by Suzanne G. Brummet, March p.10
  • H-1B Cap 2009: Do You Feel Lucky?, by Mitchell L. Wexler and Bindi Parikh, March p.18

Insurance Issues

  • Making Sense of Notice, Cooperation, and Consent Provisions in Liability Insurance Policies, by Limor Lehavi, October p.50
  • What Every Litigator Should Know About Insurance Coverage, by Scott S. Thomas and Kelby Van Patten, October p.10

Intellectual Property

  • “How Long Will My Copyright Last?,” by David Christopher Baker, December p.18
  • The Madrid Protocol: A Five Year Report Card, by Tawnya R. Wojciechowski, September p.18
  • Patent Reexamination After KSR, by James W. Hill, MD and M. Todd Hales, August p.30
  • Patents 101: Is It Patentable?, by Bruce Itchkawitz, August p.11
  • Preemption Defenses in IP Litigation, by Scott Feldmann, September p.26
  • Risk Reduction Strategies in “Bet the Company” Trade Secret Misappropriation Actions, by Eric Levinrad, August p.24
  • Superman’s Latest Episode: The Rights of Authors and their Families to Terminate a Copyright Grant and Recapture the Copyright, by Peter Afrasiabi, September p.34
  • Whatever “It” Is, You Can Find it in Cases post-eBay: But Don’t Search for Guidance About Whether eBay Eliminates the Presumption of Irreparable Harm in Trademark Infringement Cases, by Rita W. Siamas, August p.18

Jurisprudence, General Interest, etc.

  • It Has Been My Honor, by Judge Dennis S. Choate (Ret.), June p.32
  • “It’s Been a Great Run,” by Hon. James P. Gray, December p.40
  • A Legacy of Justice, by Joseph L. Chairez, April p.32
  • The Story of a Trial, by Ona Russell, February p.34
  • To Save a Mocking Bird, by Wayne Gross, June p.18
  • Watchmen on the Wall—Unsung Heroes of the Rule of Law, by Hon. Clay M. Smith and Megumi A. Kenworthy, December p.26

Labor and Employment

  • Does Senate Bill 1539 Really “Provide” a Solution to the Meal Period Morass?, by Julie R. Trotter and Scott P. Shaw, December p.46
  • My Disability Made Me Do It”: Is Employee Misconduct Protected If It’s Related to A Disability?, by James J. McDonald, Jr., September p.46
  • Recent Employment Law: Legislative Developments, by Eric C. Sohlgren and Kate Pearson, May p.24
  • The Section 998 Offer to Compromise: Creating Settlement Leverage for a Defendant-Employer in a Lawsuit Where Attorneys’ Fees are Recoverable, by Glenn Briggs and Sean Shahabi, February p. 18

Legal Education

  • Building Orange County’s New Law School from the Ground Up: An Interview with Erwin Chemerinsky, by Richard W. Millar, Jr., January p.14

OCBA Awards, Goals, Outreach, Pro Bono, Committees, Etc.

  • The Benefits and Resources of the OCBA Solo Practitioner/Small Firm Section, by Denise Treviño, July p.26
  • Calling All Attorneys in Practice Four Years or Less: The Orange County Bar Association Wants to Hear From You, by Yvette Lloyd and Katrina Robson, January p. 34
  • Cover Story: 2008 Volunteers for Justice Dinner A Celebration of Good Works, by Kenneth W. Babcock, September p.10
  • Cover Story: Boo J. Giuffre, Harmon G. Scoville Award Nominee, by Julie M. McCoy, May p.8
  • Cover Story: Cathrine M. Castaldi—An Accomplished Year as 2008 OCBA President, by Richard W. Millar, Jr., December p.8
  • Cover Story: Franklin G. West Award Honoree—Wylie A. Aitken: A Man for All Seasons, by Dean J. Zipser, February p.8
  • Cover Story: Meet the 2008 OCBA Executive Committee, January p.7
  • Cover Story: The OCBA’s Secretarial Candidates for 2009: Dimetria A. Jackson and Wayne R. Gross, October p.8
  • Cover Story: Orange County Bar Association Young Lawyers Division: Welcome to the Big Leagues, by Michael A. Penn, June p.8
  • Cover Story: Stepping Out to Celebrate 20 Years—The OCBA Charitable Fund Charity Gala—A Night of Tropical Style Fun, Frivolity, and Fantasy, by Solange Ritchie and Joseph L. Chairez, August p.8
  • Cover Story: Who’s Who in the OCBA, March p.8
  • Cover Story: Who’s Who in the OCBA Part II—The Affiliate Bars, April p.9
  • Give Hope by Donating Your Old Cell Phone, by Tammy C. Peng, June p. 11
  • Legal Aid Society of Orange County Celebrates Half a Century of Providing Equal Access to Justice, by Ayesha Magpali-Isaac, Anna Lisa Biason and Laura Peralta, October p.43
  • President’s Page: 50th Anniversary of Law Day—Celebrating the Rule of Law, by Cathrine M. Castaldi, May p.7
  • President’s Page: The Blogging Juror: Why You Need to Know About Blogs, by Cathrine M. Castaldi, March p.7
  • President’s Page: Every Vote Counts, by Cathrine M. Castaldi, September p.7
  • President’s Page: National Simplify Your Life Week (An Oversimplification of Work Life Integration), by Cathrine M. Castaldi, August p.7
  • President’s Page: Orange County Judges and Lawyers Making a Difference In Our Judicial System, by Cathrine M. Castaldi, October p.7
  • President’s Page: Partners in Public Service, by Cathrine M. Castaldi, July p.7
  • President’s Page: Ponderings On This Election Year, by Cathrine M. Castaldi, June p.7
  • President’s Page: Resolutions for the New Year, by Cathrine M. Castaldi, January p.9
  • President’s Page: A Sense of Community, by Cathrine M. Castaldi, February p.7
  • President’s Page: Thanks, by Cathrine M. Castaldi, December p.7
  • President’s Page: A Tribute to Jim Bear: Celebration of a Life Well-Lived, by Cathrine M. Castaldi, April p.7
  • President’s Page: Your Opportunity to Alleviate the Law of Unintended Consequences, by Cathrine M. Castaldi, November p.7

Practice of Law, including Fee Issues and Office Technology

  • Attorney Conferencing Clashes, by Ken Moscaret, April p.46
  • Fee Agreements: the Good, the Bad, and the Ugly, by Douglas W. Schroeder, May p.32
  • A Few of My Favorite Things: Technology Tips for Lawyers Who Write, by Robin Meadow, March p.30
  • A New Approach to Solo & Small Firm Business Plans, by Andrew Elowitt, July p.12
  • Paralegal Requirements and Fee Recovery, by Kirstin Simonson, November p.42
  • Should You Open Your Own Law Practice?, by Michael M. Brewer, July p.32
  • Staying Competitive for the Solo and Small Firm: The Paperless Law Office, by Neil Pedersen, July p.18
  • Use Strategic Networking to Build Your Customized Book of Business, by Carolyn M. Dillinger, July p.8
  • Your Tech Questions Answered, by Jeff Lenning, January p.40

Real Estate and Housing

  • Common Issues Facing Tenants in Negotiating Office Leases, by Claudia Kihano Parker, February p.28
  • What Do You Do When Your Homeowners Association Rejects Your Home Improvement Application?, by Barry A. Ross, May p.11

Special Needs Law

  • Limited Conservatorships: A Delicate Balance, by Melinda Hunsaker, November p.26
  • A New Legal Specialty is Born: Special Needs Law, by Donna R. Bashaw, November p.8
  • SSI? Medi-Cal? ... Help, by Hester H. Honda, November p.18
  • The World of Special Needs Trusts, by Fay Blix, November p.10


  • Be Careful Out There: The IRS Has Lawyers in its Cross-Hairs, by Elliot Silverman, January p.10
  • Tax Complications for Same Sex Couples in California, by Brian Chase, August p.36
  • What Is the Biggest Legal Loophole in the Tax Law Today?, by W. Bailey Smith, January p.38

Trial Practice, including Jury Issues

  • Generation X and Y’s Influence in the Jury Box, by Carol L. Bauss, September p.42
  • Just Where Will Flattery Get You?, by David Cannon, December p.22
  • Reopening Closing Arguments to Break Jury Deadlock, by Scott K. Behrendt, April p.18
  • Tips on Trial Practice from the First 44, by Hon. David A. Hoffer, March p. 34

Unfair Competition Law

  • Standing Under the Unfair Competition Law is Unlikely to Exist for Competitors, by Christopher W. Arledge, September p.51

The Orange County Lawyer magazine gratefully acknowledges the substantial research and organization of Terese Laubscher, a Student Extern of the magazine, and a third year law student at Chapman University School of Law.