2014 Article Index

Index to Articles Appearing in Volume 56, 2014
Orange County Lawyer Magazine


As a service to our readers, the following is an index to Features, Special Features, Columns, and select Departments appearing in calendar year 2014. This index is arranged alphabetically by main article topic, then alphabetically within that topic.


Animal Law

  • Lawsuits Seeking Personhood for Chimpanzees Are Just the Tip of the Iceberg, by David E. Burke, April p.18

Alternative Dispute Resolution

  • Things Your Mediator Didn’t Tell You About the Mediation Confidentiality Privilege, by Hanna B. Raanan, April p.36

Appellate Law

  • A “Seaside” Chat With the Chief Justice, by Kristin F. Godeke and Lisa R. McCall, September p.14

Banking & Lending

  • Lenders, Lawyers, or Usurers: Should Attorney-Assisted Loans Be Exempted from Usury Laws?, by Judge Kirk H. Nakamura and Tina Duan, September p.16

Business & Corporate Law

  • Comparing Franchise Relationships and Beer Distribution Relationships, by Barry Kurtz and Bryan H. Clements, November p.36
  • “The Care and Feeding of CEOs (and GCs Too)”: Reflections of a Former General Counsel, by Dennis A. Stubblefield, July p.24
  • The Practical Challenges of the Crowdfunding Law, by Jeffrey Marks, May p.38

Business Litigation

  • Book Review: Business and Commercial Litigation in Federal Courts, by William C. Rooklidge, February p.24
  • Defining the Scope of Precertification Discovery: California vs. Federal Law, by Samantha N. Evans, December p.22
  • Restoring the Corners to Contracts: Dealing With the New Fraud Exception to the Parol Evidence Rule, by David J. Myers, March p.22

Constitutional Law

  • Does the California Eraser Law Withstand Dormant Commerce Clause Scrutiny? Does It Do Any Good At All?, by Sam Ernst, July p.14
  • Landmark Change in California Firearms Law, by David J. Salvin, October p.32

Construction Law

  • The Expansion of the Sham Guaranty Defense Threatens California’s Construction Industry, by Jaime K. Shean and Joshua R. Duffy, January p.32

Criminal Law

  • Analyzing CALCRIM 121: Are Bilingual Jurors “Triers of Fact” or “Triers of Language”?, by Joel E. Rubert, May p.32
  • New “Revenge Porn” Law is Impotent, by Michael L. Baroni, February p.12

Education Law

  • Efforts to Curb Cyberbullying Move Off Campus, by Atticus N. Wegman, July p.18

Ethics & Professional Responsibility

  • Ethically Speaking: 2013 Ethics Year in Review, by Members of the Orange County Bar Association Professionalism and Ethics Committee, January p.40
  • Ethically Speaking: Controversial Currency: Accepting Bitcoin as Payment for Legal Fees, by Jennifer R. Bagosy, June p.42
  • Ethically Speaking: I Ain’t Afraid of No Ghost!: A Review of OCBA Formal Opinion 2014-1 on Ghostwriting by Contract Lawyers and Out-of-State-Lawyers, by Isabelle Smith, December p.44
  • Ethically Speaking: Lawyers’ Ethics in Informal Investigations, by Joseph R. Wilbert, August p.42
  • Ethically Speaking: Litigation as a Pressure Tactic: Be Sure of Your Target, by Howard J. Klein, March p.42
  • Ethically Speaking: Plaintiff’s Lawyers Beware: Structured Settlements Can Sour the Attorney-Client Relationship, by Mary A. Dannelley, October p.47
  • Ethically Speaking: Retaining the Client File After the Representation Ends, by Jeremy G. Suiter, April p.44
  • Ethically Speaking: Seahaus v. Superior Court: An Uncommon Fact Pattern Highlights Complexities of the Common Interest Privilege in California, by Lisa Glasser, July p.42
  • Ethically Speaking: What Is “Good Moral Character”?, by Heather Porter Condon, May p.44
  • Ethically Speaking: Who’s Your Daddy? Analyzing Parent-Sub Conflicts of Interest, by Scott B. Garner, February p.34
  • Ethically Speaking: You Can’t Take It With You, or Can You?, by Matthew A. Hodel and Ashley E. Merlo, November p.46
  • Lawful Barbarism: German Law and Jewish Lawyers in Nazi Germany, by Michael J. Bazyler, November p.24
  • The Prospective Ethics of a Minority Report, by James Juo, May p.20

Family Law

  • Family Law Corner: A Fresh Look at Income Imputation, by Commissioner Richard G. Vogl, March p.38
  • Family Law Corner: Pereira/Van Camp: Applying “Old School Law” to Today’s Economic Paradigm, by David V. Hanzich, April p.38
  • Family Law Corner: Premarital Agreements and Estate Planning: Twin Strategies for Protecting Children and Businesses From the Risks of Divorce, by Kathleen O. Peterson and Paula Clarkson, September p.42
  • Family Law Corner: Who’s in the Driver’s Seat?: Uniform Child Custody Jurisdiction and Enforcement Act, by Commissioner Thomas H. Schulte, December p.36
  • Orange County’s Answer to the Dual Jurisdictional Dilemma, by Jessica R. Springer, November p.30

Future of Legal Education

  • 1Ls and Zeros—Law Schools Join the Digital Age, by Martin Pritikin, June p.20
  • California’s Yurok Tribe Needs Trial Attorneys, by Stephen Burnett, June p.22
  • Getting Involved in Legal Education, by Lori A. Roberts, June p.17
  • Legal Education: Integrating Practical Skills into the Curriculum, by Eunice Park, June p.16
  • Pedagogy of the Practical Kind, by Tom Campbell, June p.14
  • State Bar’s Requirement for Law Students and New Admittees Would Benefit Pro Bono Clients, by Kirsten Kreymann, June p.11
  • Transforming Legal Education One Pro Bono Project at a Time: A Practical Model for Law Schools, by Anna Strasburg Davis, June p.10

Health Care Law

  • The American Board of Obstetrics and Gynecology Reverses Its Unlawful Ban on Treating Male Patients, by Tom Curtis and Ashar Ahmed, June p.34

Humor & the Law

  • A Criminal Waste of Space: Airplane! Three: Another Sequel, by Justice William W. Bedsworth, April p.48
  • A Criminal Waste of Space: Deciding Between Comfort Animals and Comfort Food, by Justice William W. Bedsworth, August p.46
  • A Criminal Waste of Space: Hammerlocks, Full Nelsons, and Contractual Obligations: Difficult to Escape From, by Justice William W. Bedsworth, October p.52
  • A Criminal Waste of Space: Internet (In)Security, by Justice William W. Bedsworth, November p.50
  • A Criminal Waste of Space: Taking a Crack at Electoral Reform, by Justice William W. Bedsworth, February p.40
  • A Criminal Waste of Space: Technopeasantry, by Justice William W. Bedsworth, May p.48
  • A Criminal Waste of Space: The Bridge, by Justice William W. Bedsworth, March p.46
  • A Criminal Waste of Space: The Parable of Stochastic Calculus, by Justice William W. Bedsworth, January p.48
  • A Criminal Waste of Space: The Widow of a Danube Steamboat Company Captain, by Justice William W. Bedsworth, July p.46
  • A Criminal Waste of Space: Why Does Anybody Bother to Write Fiction?, by Justice William W. Bedsworth, June p.48
  • A Criminal Waste of Space: Wine and Law 101, by Justice William W. Bedsworth, December p.50
  • A Criminal Waste of Space: Word Power, European Style, by Justice William W. Bedsworth, September p.48
  • Millar’s JurisDiction: Child Support, by Richard W. Millar, Jr., May p.42
  • Millar’s JurisDiction: Guilty by Reason of Insanity, by Richard W. Millar, Jr., September p.46
  • Millar’s JurisDiction: Home Court Advantage, Part Two, by Richard W. Millar, Jr., October p.44
  • Millar’s JurisDiction: Kitty Litter, by Richard W. Millar, Jr., February p.32
  • Millar’s JurisDiction: Miss Fortune, by Richard W. Millar, Jr., August p.41
  • Millar’s JurisDiction: Shock Therapy, by Richard W. Millar, Jr., July p.41
  • Millar’s JurisDiction: Sock It to Me, by Richard W. Millar, Jr., November p.44
  • Millar’s JurisDiction: Stomping Grounds, by Richard W. Millar, Jr., April p.42
  • Millar’s JurisDiction: Stop, Frisk, and . . . Search?, by Richard W. Millar, Jr., January p.39
  • Millar’s JurisDiction: The Assassin of Lahore, by Richard W. Millar, Jr., June p.41
  • Millar’s JurisDiction: There’s an App for That?, by Richard W. Millar, Jr., December p.42
  • Millar’s JurisDiction: Troubled Waters Over Bridge, by Richard W. Millar, Jr., March p.40

Immigration Law

  • H-2B or Not to Be?, by Agnna Varinia Guzman, July p.22

Insurance Law

  • The Emperor Has No Completed Operations, by Dan Jacobson, July p.28

Intellectual Property & Technology Law

  • 3D Printing: A New Technology Challenges the Existing Intellectual Property Framework, by Perry J. Viscounty, Andrew M. Gass, and Kyle A. Virgien, October p.16
  • Are Your Golf Clubs Made by Taylormade or Tailormade?, by Jeff VanHoosear, June p.24
  • Football Fans and Trademarks, by David Baker, October p.38
  • Silver, Garlic, and Attorney’s Fees: How Judges May Increasingly Employ Fee Shifting to Ward Off So-Called “Patent Trolls,” by John F. O’Rourke, Patrick Soon, and Rebecca Bellow, October p.28
  • The Tragedy of the Anticommons (Is It Time For Compulsory Licensing?), by Robert Fish, December p.18

International Law

  • International Justice Mission: Championing Human Rights and Justice Abroad, by Lucie H. Moore and Katelin M. Schwartz, February p.28
  • The Deemed Export Rule, by John F. O’Rourke, February p.20

Labor & Employment Law

  • Fifteen Developments in Employment Law for 2014, by Todd Wulffson and Shirin Forootan, April p.28
  • Poaching New Talent: Dos and Don’ts in Recruiting and Hiring a Potential Employee Away From a Competitor, by Carlos A. Becerra, July p.30
  • Taking a Pregnant Pause: Potential Pitfalls in Applying the Business Judgment Rule and Mixed Motive Defense in Employment Cases, by David Ezra, Erin Mindoro, and Heather Whitmore, October p.22
  • The NLRB and a Series of Unfortunate Events, by James L. Morris and Yusuf Zakir, May p.25
  • Unpaid Internships—Are They Still Legal?, by Maryann Shokrai, April p.22

Military & Veteran Law

  • Helping Military Veterans Navigate the Legal Framework of Discharge Upgrades, by Matthew E. Costello and Martin M. Ellison, November p.10
  • Penal Code Section 1170.9 Provides Crucial Options to Veterans and Members of the Military, by Justice Eileen C. Moore and Antoinette Balta, April p.16
  • Serving the Veteran Community, by Major Dwight Stirling, November p.14
  • VA Payments and Family Support, by Mark E. Sullivan, November p.18


  • California Roundup: 2014’s New Civil Laws Affecting Businesses, Workplaces, and Schools, by James S. Azadian and Samuel A Reep, June p.28

OCBA Awards, Profiles, Interviews, Employment Opportunities, Mentoring, Goals, Outreach, Pro Bono, Committees, etc.

  • A Record-Breaking Evening at PLC’s 2014 Volunteers for Justice Dinner, by Kenneth W. Babcock, August p.30
  • Cover Story: A Comprehensive Commitment to Justice, by John C. Hueston, February p.8
  • Cover Story: Celebrating the Pursuit of Justice, by Wayne R. Gross, September p.10
  • Cover Story: Harmon G. Scoville Award-Winner Suzanne Viau Chaimberlain, by Alan J. Crivaro, December p.10
  • Cover Story: Serving as a YLD Leader: Individual Commitment to a Group Effort, by Sarah J. Nowels, July p.10
  • Cover Story: Southern Grace, by Wayne R. Gross, January p.10
  • Cover Story: The “Drive” to Make a Difference, by Wayne R. Gross, March p.10
  • Cover Story: The OCBA’s 2015 Secretarial Candidates: Solange E. Ritchie and Nikki P. Miliband, October p.10
  • Cover Story: Who’s Who in the OCBA, April p.8
  • Cover Story: Who’s Who in the OCBA—The Affiliate Bars, May p.10
  • From Patent Litigation to Assault and Battery: Judge Gooding on Becoming a Criminal Assignment Judge, by Dean J. Zipser, December p.14
  • Legal Aid Society of Orange County Presents the Inaugural Voices for Justice Dinner and Fundraiser, by Robert J. Cohen and Negah Mouzoon, December p.28
  • Judge Douglas F. McCormick: Sitting on the Bench After a Career on His Feet, by Tiffany Brosnan, October p.12
  • Judge Timothy J. Stafford: The Human Factor Beneath the Black Robe, by Patricia Lee-Gulley, April p.12
  • President’s Page: 2014: Plans to Reinforce the OCBA’s Solid Foundation of Service, by Thomas H. Bienert, Jr., January p.9
  • President’s Page: A Little Help From Our Friends, by Thomas H. Bienert, Jr. December p.8
  • President’s Page: Avoiding a Deficit of Justice, by Thomas H. Bienert, Jr., May p.9
  • President’s Page: Be Counted in Upcoming Elections, by Thomas H. Bienert, Jr., September p.9
  • President’s Page: Celebrating Volunteerism, by Thomas H. Bienert, Jr., October p.9
  • President’s Page: Changes in the Training of Lawyers Brings Opportunity for the OCBA to Assist, by Thomas H. Bienert, Jr., June p.9
  • President’s Page: Giving All Year Long, by Thomas H. Bienert, Jr., February p.7
  • President’s Page: Loss of a Legal Legend, by Thomas H Bienert, Jr., August p.9
  • President’s Page: OCBA Section Membership Can Enhance Your Practice, by Thomas H. Bienert, Jr., April p.7
  • President’s Page: Remarkable Women in Orange County Contributed to Our Shared History, by Thomas H. Bienert, Jr., March p.9
  • President’s Page: Thanking Our Veteran Colleagues, by Thomas H. Bienert, Jr., November p.9
  • President’s Page: The Case for Brevity, by Thomas H. Bienert, Jr., July p.9
  • Presiding Judge Sanders Advances Equal Opportunities for Justice, by Gialisa W. Gaffaney, March p.12
  • Serving From The Bench: Judge Honer Praises Volunteerism and Professional Courtesy, by Larisa M. Dinsmoor, March p.16
  • Sowing the Seeds of Service, by Denise F. Crawford, May p.18


  • OCBA Fall Member Mixer; OCBA Young Lawyers Division (YLD) Holiday Reception; Orange County Admissions Ceremonies, January p.52
  • Home For The Holidays Pet Adoption; Fall Food Packaging Event; Orange County Women Lawyers Association Annual Holiday Celebration; OCBA Entertainment, Sports, & Marketing Section and OCBA Intellectual Property/Technology Law Section Holiday Party; Children’s Law Symposium: Nuts and Bolts of Representing the Interests of Children, February p.48
  • OCBA 2014 Judges’ Night & Annual Meeting, March p.52
  • 22nd Annual Last Dash & Trade Show, YLD Open House & Annual Business Meeting, OCBA Annual Section Chair Meeting, OCWLA Mardi Gras Night, April p.52
  • OCBA Charitable Fund 30th Annual Judge Kenneth Lae Charity Golf Tournament, OCHBA 36th Annual Scholarship Dinner & Installation Dinner, OCAABA 21st Annual Installation Dinner & Awards Gala, May p.52
  • OCBA Masters Division, Reception in Honor of Retiring Judge Nancy Wieben Stock; OCBA & The University of California, Irvine School of Law Present an Annual Salute to a Legal Giant: Chief Justice Earl Warren; OCBA Law Student and Young Lawyers Division Joint Meeting, June p.52
  • OCBA Spring Member Mixer; OCBA Young Lawyers Division Quarterly Business Meeting; OCBA Presents Perfecting & Pursuing the Elder Abuse Claim; The OCBA Commercial Law & Bankruptcy Section Presents Consumer Bankruptcy Law Update: Recent Developments in Chapter 7 and 13 Bankruptcy Case Law, Court Procedures & Best Practices, July p.49
  • OCBA Summer Mixer; OCBA Appellate Law Section Meeting; OCBA Litigation Section Meeting; OCBA Community Outreach Super Pet Adoption Event, August p.52
  • OCBA State Bar President Reception; Bridging the Gap; California Women Lawyers 26th Annual Southern California Judicial Reception; OCBA Masters Division Summer Social, September p.52
  • OCBA Summer Beach Clean-Up; Chapman University Dale E. Fowler School of Law New Student Orientation; OCBA Intellectual Property & Technology & Entertainment, Sports & Marketing Law Joint Section Summer Mixer, October p.56
  • OCBA Law Student Leadership Reception; OCBA Appellate Law Section Meeting; OCBA Board of Directors Meeting; OCBA & The Mandatory Fee Arbitration Committee Present Advanced Arbitrator Training, November p.52
  • OCBA Charitable Fund Annual Fall Fundraiser; OCBA Volunteer Recognition Reception, December p.52

Practice of Law, Procedures, & Related Issues

  • A Tree, a Watch, and a Goalie: The Keys to Defending Plaintiff Depositions, by Douglas M. Carasso, September p.24
  • Approaching the Bench: A Win for One Is a Win for All!, by Judge James L. Smith (Ret.), June p.40
  • Approaching the Bench: Be Careful What You Ask For, by Judge Kirk Nakamura, January p.38
  • Approaching the Bench: Great Lawyering: Lessons from Judge Alicemarie H. Stotler, by M.C. Sungaila, August p.40
  • Approaching the Bench: How Better Formatted Papers Can Help Your Case, by Amy Song, February p.30
  • Approaching the Bench: What Not to Include in Your MSJ, by Steven S. Streger, July p.38
  • Five Orange County Inns of Court Foster Civility and Professionalism, by Rock Kendall, September p.32
  • Making Enlightened Judgments, by George S. Tiffany, December p.30
  • Perjury! The Proof Is in the Proof (of Service), by Todd A. Green, March p.36
  • Reflections of a Woman Managing Partner, by Andra B. Greene, March p.18
  • Remodeling the “Unhappiest Job in America,” by Anne M. Brafford, January p.12
  • Tech Tip: Eleven Great Free Mobile Apps for Attorneys That Were Not Designed for Attorneys, by John F. O’Rourke, Patrick Soon, and Rebecca Bellow, July p.39
  • Tech Tip: How to Set Up Cloud Computing in a Law Office, by Kevin M. Haight, May p.40
  • Tech Tip: One Solution for Managing and Sharing Exhibits, by Matthew Meyers, February p.30
  • The Kind Of, Sort Of, Deposition Time Limit, by Anosheh A. Hormozyari, September p.30
  • Voir Dire: Shut Up and Listen, by Larisa Dinsmoor and Denise Crawford, January p.36
  • Women: What Do They—and Men—Want in Court?, by Judith A. Kaluzny, March p.20
  • You Don’t Have a Reporter for Trial? Consider an Agreed or Settled Statement for Your Appeal, by Donna Bader, July p.32

Real Estate & Homeowners Associations Law

  • Impairment of the Right to Counsel in Community Association Disputes, by Barry A. Ross, May p.30
  • Litigation Support: Ruminations From a Commercial Appraiser, by Jeffrey M. Key, August p.14
  • The Consumer Financial Protection Bureau’s New Mortgage Rules, by Sanford Shatz and Hassan Elrakabawy, March p.30

Tax Law & Financial Planning

  • Is Your Spouse Innocent?, by Marianne Man, April p.14
  • One Major Tax Break in the Legal Profession: Qualified Retirement Plans, by Bradford L. Hall, September p.38

Trusts & Estates

  • Essential Things Everyone Should Know About Estate Planning, Probate, and Elder Law, by Bradley Erdosi and Laura L. Bromlow, January p.16
  • Ten Trust Administration Rules to Keep You Out of Trouble, by Mark Doyle and Monica Goel, January p.24

Water Law & Regulation

  • Continuing Water Wars in California—Different Issues, Same Fight, by Geoffrey Willis, August p.20
  • The Language of Water: California’s Water Lexicon Expands, by Diane Kindermann Henderson, August p.10
  • The 2014 California Water Bond—A Fluid Situation, by Boyd Hill, August p.28
  • Water Fights and Solutions, by Darcy Burke, August p.16
  • Water Rate Pricing Under Proposition 218: The State of the Problem and the Problem of the State, by Benjamin Benumof and W. Michael Hensley, August p.24

Orange County Lawyer magazine gratefully acknowledges the substantial research and organization of Jordan Culver and Nathan Grosch, law student externs of the magazine. This and previous years’ Indexes are available on the OCBA website.