2018 Article Index


Index to Articles Appearing in Volume 60, 2018
Orange County Lawyer Magazine


As a service to our readers, the following is an index of Features, Special Features, Columns, and select Departments appearing in calendar year 2018. This index is arranged alphabetically by main article topic, then alphabetically within that topic.


Arbitration and Third-Party Document Discovery Before a Hearing: A Problem in Search of a Solution, by Marc D. Alexander, July p.36

First Things First in Mediations, by the Honorable James P. Gray, October p.36


Appellate Law

  • 2017 Year in Review: Notable Published Civil Cases From the Fourth Appellate District, Division Three, by Mary-Christine Sungaila, Allan Gustin, and Marco A. Pulido, March p.56
  • Midway Through the Momentous 2017 Supreme Court Term, by Blaine H. Evanson, February p.26

Attorney Wellness and Quality of Life

  • Out of Office: Life With the Law, by Solange E. Ritchie, October p.58
  • Out of Office: The Case for More Vacations, by Sherry S. Bragg and Thomas Pavelich, June p.54
  • Suicide Is a Battle We Can Win . . . Together, by Dale K. Quinlan, September p.42
  • Transforming Lives by De-Stigmatizing Mental Illness in the Courtroom: A Discussion With the Honorable Ginger Lerner-Wren, by Shirin Forootan, June p.38

Business Litigation

  • Caveat Emptor: Common Commercial Contract Restrictions Including Exclusive Licenses May Be Void, by Nicole R. Vanderlaan Smith and Dina Marie Randazzo, July p.27

Constitutional Law

  • Korematsu v. United States: A Case That Will Live in Infamy, by the Honorable Kirk H. Nakamura, January p.26
  • Marijuana: Legal in California, But Now What?, by the Honorable James P. Gray, August p.42

Construction Law

  • California Contractors Beware: State Supreme Court Narrows Prompt Payment Exceptions, by Chris D. Humphreys, Jae K. Park, and Adam Noakes, November p.43

Criminal Law

  • The Striking Differences Between the Only Two Ways to Seal Your Arrest Record in California, by Michael J. Ocampo, June p.48
  • The Tiered Sex Offender Act, by Michael J. Ocampo, April p.52

Data Privacy

  • California’s Consumer Privacy Act of 2018: Why Its Ambiguities May Leave Businesses in a Quandary, by Michael A. Gregg, October p.32
  • Cover Story: American Privacy Laws in a Global Context: Predictions for 2018, by Lily Li, May p.30
  • Cover Story: GDPR: EU General Data Protection Regulation, by Francoise Gilbert, May p.22
  • Cover Story: Phil Maynard, Tealium CLO, Discusses Compliance With Privacy Laws, by Colin W. Fraser, May p.26
  • Cover Story: Protecting the Fourth Amendment After Carpenter in the Digital Age: What Gadget Next?, by Eunice Park, May p.34
  • Cover Story: When to Ask, When to Tell: Navigating California’s Recent Ban-the-Box Legislation, by Teresa A. McQueen and Alan J. Crivaro, May p.40

Environmental Law

  • Coyote Hills: Habitat Versus Humanity, by Judith A. Kaluzny, July p.48

Ethics and Professional Responsibility

  • Ethically Speaking: 2017 Year in Review, by the Professionalism and Ethics Committee, January p.59
  • Ethically Speaking: A Decade After Seagate, Uncertainty Over the Scope of Privilege Waiver in IP Cases Remains, by Lisa S. Glasser and Kelsey L. Schuetz, October p.62
  • Ethically Speaking: A Primer on the Ethics of Legal Advertising, by Frederick L. Wilks and Samuel Z. Hyams, June p.58
  • Ethically Speaking: Avoiding Trouble by Handling Difficult Conflicts of Interest, by Kristin L. Yokomoto, August p.52
  • Ethically Speaking: Conflicts of Interest Render Attorney Engagement Agreements Unenforceable in Their Entirety, by Paul A. Stewart, November p.54
  • Ethically Speaking: Disengaging From the Difficult Client, by Michael D. Stewart, September p.58
  • Ethically Speaking: Fixing Your Mistakes: The Ethical Implications of Duty When Things Go Wrong, by Robert K. Sall, February p.58
  • Ethically Speaking: How Will California’s New Rule Permitting Ethical Screening Impact Law Firm Disqualifications?, by Suzanne Burke Spencer, July p.54 
  • Ethically Speaking: Potential Perils of “Litigating on the Courthouse Steps,” by Robert M. Dato, March p.62
  • Ethically Speaking: The California Supreme Court Tackles Jewel v. Boxer and the Unfinished Business Doctrine, by Mary A. Dannelley, May p.54
  • Ethically Speaking: The Exercise of Judicial Discretion in Disqualification, by Carole J. Buckner, April p.58
  • Ethically Speaking: To Purge or Not to Purge: Retaining Client Files in the Digital Age, by Nicole Nuzzo, December p.62
  • Ethics 2.0: A Snapshot of the Revamped Rules of Professional Conduct, by Scott B. Garner and Suzanne Burke Spencer, September p.22
  • New Bar Rules Put Attorneys at Risk of Discipline for Law Firm Employment Wrongs, by James J. McDonald, Jr., September p.28

Family Law

  • Family Law Corner: Child Support From Active Service Members, by Grace Ogburn, January p.52
  • Family Law Corner: New Tax Bill’s Effect on Divorcing Homeowners, by Keith Powers, September p.54

Food Law

  • Hungry for Change: An Overview of California Food Waste and Donation Legislation, by Kerry W. Franich, December p.28
  • The Black Box: Proposition 65 Considerations for the Food & Beverage Industry, by Alexandra N. Krasovec, December p.30

Health Care Law

  • An Inside Look: The Process of Bringing Bipartisan Health Care Bills to Law, by Jim Rickards, January p.34

Humor and the Law

  • A Criminal Waste of Space: An Evolutionary Crockpot, by Justice William W. Bedsworth, August p.57
  • A Criminal Waste of Space: And You Thought I Was Long-Winded, by Justice William W. Bedsworth, March p.66
  • A Criminal Waste of Space: Conclusions I’ve Drawn, by Justice William W. Bedsworth, January p.67
  • A Criminal Waste of Space: Copyright, Thy Name Is Fragmimple, by Justice William W. Bedsworth, November p.59
  • A Criminal Waste of Space: Dances With Computers, by Justice William W. Bedsworth, July p.59
  • A Criminal Waste of Space: It Seemed Like Such A Good Idea . . . , by Justice William W. Bedsworth, May p.58
  • A Criminal Waste of Space: Legislature Honors Hadrosaur, by Justice William W. Bedsworth, February p.66
  • A Criminal Waste of Space: My Designated Mail Reader, by Justice William W. Bedsworth, June p.63
  • A Criminal Waste of Space: Naming Rights . . . And Wrongs, by Justice William W. Bedsworth, September p.63
  • A Criminal Waste of Space: Not Brussels Sprouts, by Justice William W. Bedsworth, April p.62
  • A Criminal Waste of Space: Symbols of Authority, by Justice William W. Bedsworth, December p.67
  • A Criminal Waste of Space: Voting Rights . . . And Wrongs, by Justice William W. Bedsworth, October p.67
  • Millar’s JurisDiction: A Happy Medium, by Richard W. Millar, Jr., January p.56
  • Millar’s JurisDiction: A Kiss is Just a Kiss, or Remember the Alamo, by Richard W. Millar, Jr., November p.53
  • Millar’s JurisDiction: Dancing With the Scars, by Richard W. Millar, Jr., August p.51
  • Millar’s JurisDiction: Making a Federal Case Out of It, by Richard W. Millar, Jr., June p.57
  • Millar’s JurisDiction: Picture Perfect, by Richard W. Millar, Jr., July p.53
  • Millar’s JurisDiction: Press One for English, by Richard W. Millar, Jr., May p.52
  • Millar’s JurisDiction: The Return of  Diogenes, by Richard W. Millar, Jr., September p.57
  • Millar’s JurisDiction: Rocket Docket, by Richard W. Millar, Jr., October p.61
  • Millar’s JurisDiction: School’s Out, by Richard W. Millar, Jr., February p.56
  • Millar’s JurisDiction: Sin City, by Richard W. Millar, Jr., December p.61
  • Millar’s JurisDiction: Ties That Bind, by Richard W. Millar, Jr., April p.56
  • Millar’s JurisDiction: Unsocial Media, by Richard W. Millar, Jr., March p.60

Immigration Law

  • Cover Story: A PLC Attorney’s Look at Current Processes and Recent Changes Relating to Arriving Asylum-Seekers, by Monica E. Glicken, November p.28
  • Cover Story: Legal Aid Society of Orange County-Community Legal Services: Celebrating Sixty Years and Serving New Communities, by Kate Marr, November p.32
  • Cover Story: Opinion: States’ Rights and Sanctuary Cities, by Erwin Chemerinsky, November p.36
  • Cover Story: Opinion: The New Nullification Crisis, by John C. Eastman, November p.36
  • Cover Story: Veterans Legal Institute and Its Volunteer Attorney Heroes Support Active Service Members and Veterans by Combating Immigration Needs Pro Bono, by Antoinette N. Balta and Richard M. Wilner, November p.24
  • Cover Story: Working on a Merger and Acquisition Deal? Don’t Forget About Immigration Implications, by Mitchell L. Wexler and Jenna J. Robinson, November p.20
  • Rising Star: E Visas, by Aycan Iskent Ekener, June p.42

Insurance Law

  • Insurers’ Intermediaries: The Implications of Actions Taken by Agents, Employers, and Third-Party Administrators, by Robert J. McKennon and Stephanie L. Talavera, July p.42
  • New Liberty From Liability Insurance Coverage Worries, by Michael G. Dawe and Brian D. Cronin, October p.38
  • Surety Company Liability for False Claims, by Sean R. Dowsing and Tony Nepomuceno, April p.50

Intellectual Property & Technology Law

  • Comic Con: A Convention by Any Other Name? by Michael I. Katz and L. Rex Sears, April p.32
  • Provisional Patent Application: Not a Cheap Alternative to a Nonprovisional Patent Application, by James Yang, December p.42
  • The Patents, the Politics, and the People, by Vishwanath Kootala Mohan, September p.36
  • What Every Inventor Ought to Know Before Starting the Patent Process, by James Yang, July p.32

Judicial Elections

  • Special Feature: Judicial Elections: New Rules, New Judges, Old Challenges, by the Honorable Kirk H. Nakamura, June p.28
  • Special Feature: Playing by the Ballot Rules, by Chad D. Morgan, June p.36
  • Special Feature: The Judicial Elections Conundrum, by the Honorable James P. Gray, June p.34

Labor & Employment Law

  • Alternative Workweeks and What Not to Do: Maldonado v. Epsilon Plastics, by Cynthia H. Flynn, October p.50
  • Big Names, Big Stakes: Navigating Challenges in High-Profile Investigations, by Tina Rad and Matthias H. Wagener, March p.40
  • California Labor and Employment Law: Tips to Prepare for 2018, by Leigh A. White, April p.36
  • Dynamex is Not “Armageddon” . . . Even Though It May Feel Like It!, by Teresa A. McQueen, September p.51
  • Epic Systems Corp. v. Lewis: Class Waivers in Arbitration Agreements and Why Even Non-Employment Lawyers Should Care, by Andrea W. S. Paris, October p.44

Marketing/ Client Development

  • Tech Tip: Using Technology to Market Your Law Firm, by Dan Goldstein and Adam Rowan, October p.56


  • 2018 New State and Federal Laws, by James S. Azadian and Eric G. Salbert, March p.50
  • Index of Articles Appearing in Volume 59, 2017 Orange County Lawyer Magazine, February p.52

OCBA Awards, Profiles, Mentoring, Goals, Outreach, Pro Bono, Committees, Sections, Etc.

  • Cover Story: Franklin G. West Award Honoree Julie M. McCoy: Demonstrating Our Capacity for Good, by Catherine M. Castaldi, February p.22
  • Cover Story: Newport Beach Country Club Hosts the 2018 Judge Kenneth Lae Charity Golf Scramble, by Daniel S. Robinson and James Y. Pack, April p.22
  • Cover Story: Nikki Presley Miliband: We’re Not Returning to Sender!, by Joel S. Miliband, Dean J. Zipser, Robert W. Dyess Jr., and Wendy Hatch, January p.22
  • Cover Story: Raise Your Glass 2018: Support Our Community, by Todd G. Friedland and Mei Tsang, August p.20
  • Cover Story: Scoville Award Recipient Teresa McQueen: Dancing Through Fifteen Years of Service and Still Smiling, by Julie M. McCoy, December p.24
  • Cover Story: Who’s Who in the OCBA, March p.22
  • Cover Story: Who’s Who in the OCBA—The Affiliate Bars, June p.19
  • Cover Story: The OCBA MCLE Scotland Seminar in 2019, by Joseph L. Chairez, October p.22
  • Cover Story: The OCBA’s 2019 Candidates for Secretary: Michael A. Gregg and Daniel S. Robinson, September p.20
  • Cover Story: YLD: Engaging the Young Lawyer, by Kelly L. Galligan, July p.20
  • Dean’s Corner: UCI Law: Defying Expectations, by L. Song Richardson, August p.49
  • Demeanor: Judge Ferguson in the Courtroom, by Christopher M. Strobel, April p.26
  • How a Resolution Becomes a Law: A Report of the Legislative Resolution Committee’s 2017 Delegation of the California Conference of Bar Associations, by Melissa A. Petrofsky, January p.38
  • Is Civil Justice Really Free? The California Supreme Court Takes Us One Step Closer, by the Honorable Kimberly A. Knill, October p.26
  • Justice Goethals: The Newest Member of the Orange County Court of Appeal, by Mary-Christine Sungaila, August p.24
  • Mary-Christine Sungaila: Lawyer, Leader, Humanitarian, by Elizabeth L. Kolar, January p.40
  • OCBA Civility Guidelines, April p.28
  • OCBA Mentor on Demand, January p.51
  • OCBA Specialty Sections, February p.50
  • OCBA Spotlight: OCBA Diversity Committee, by Richard J. McNeil and Mei Tsang, September p.49
  • OCBA Spotlight: OCBA Pro Bono Committee Rebooted, by Larisa M. Dinsmoor and Daniel S. Robinson, October p.29
  • President’s Page: A Call to Service, by Nikki Presley Miliband, October p.16
  • President’s Page: A History of Giving and Helping, by Nikki Presley Miliband, July p.14
  • President’s Page: A Traditional and Heartfelt “Thank You,” by Nikki Presley Miliband, December p.16
  • President’s Page: Calling All Future Leaders: The OCBA Wants You!, by Nikki Presley Miliband, February p.16
  • President’s Page: Civility Across Cultures, by Nikki Presley Miliband, April p.16
  • President’s Page: Law and Sausage, by Nikki Presley Miliband, June p.14
  • President’s Page: Mentoring: From YLD to Masters, by Nikki Presley Miliband, March p.16
  • President’s Page: Millenials: The Good, the Surprising, and the Important, by Nikki Presley Miliband, September p.14
  • President’s Page: The LRIS Committee: A Win-Win for Clients in Need and Attorneys, by Nikki Presley Miliband, May p.16
  • President’s Page: The Times They Are a-Changin’, by Nikki Presley Miliband, August p.14
  • President’s Page: This, That, and the Other, by Nikki Presley Miliband, November p.14
  • President’s Page: Unicorns, Puppies, and the OCBA, by Nikki Presley Miliband, January p.16
  • Public Law Center Raises Record-Breaking $775,000 at Volunteers for Justice Dinner, by Kenneth W. Babcock, August p.32
  • The Honorable Gary Pohlson: The Courtroom Is His Theater, by Julie M. McCoy, February p.37
  • The Honorable Mary Kreber Varipapa: Part of the Solution at the OC Community Court, by Alan J. Crivaro, March p.28

Photos (by Date)

  • January: OCBA Fall Member Mixer, pp.48-49; OCBA Young Lawyers Division Ronald McDonald House Meal of Love, OCBA Elder Law Section Meeting, OCBA Mentoring Program Reception, pp.70-71
  • February: OCBA Last Dash, OCBA YLD Annual Holiday Social, pp.46-47; OCBA Fall Food Packaging Event, OCBA Insurance Law Section Seminar, State Bar Swearing-In Ceremony, pp.70-71
  • March: OCBA Judges’ Night & Annual Meeting, pp.46-47 and continued on pp.70-71
  • April: OCBA YLD Open House & Annual Business Meeting, OCBA Bridging the Gap, pp.46-47; OCBA Committee Leaders Meeting, OCBA Section Leaders Meeting, pp.66-67
  • May: OCBA and OCBA Appellate Law Section Reception Honoring Newly Appointed Associate Justice Thomas Goethals, pp.44-45; OCBA Spring Member Mixer, OCBA Young Lawyers Division & Affiliate Bars Social, Mercy House Homeless Shelter, pp.62-63
  • June: OCBA Charitable Fund Judge Kenneth Lae Charity Golf Scramble, pp.46-47; OCBA Tribute to a Legal Giant, OCBA WHW Luncheon, pp.66-67
  • July: OCBA Reception With State Bar Board of Trustees Chair & Executive Director, pp.46-47; OCBA Mentoring Program Reception, OCBA Trusts & Estates Section Annual Seminar, OCBA 2018 Lawyer Well-Being Task Force & YLD Program, pp.62-63
  • August: OCBA Diversity Summer Social, pp.40-41; OCBA Young Lawyers Division Spring Business Meeting, Spring Swearing-In Ceremonies in Orange County, pp.62-63
  • September: OCBA Leadership Summit, OCBA Criminal Law Section Summer Social, Business Litigation Section Meeting, pp.46-47; OCBA Super Pet Adoption, OCBA Elder Law & Special Needs Section Supports Orange County Public Library, OCBA Community Outreach Events, pp.66-67
  • October: OCBA Charitable Fund Raise Your Glass Annual Benefit, pp.47-49; OCBA YLD & Corporate Counsel Section: Circle of Counsel, p.71
  • November: OCBA Masters Division Angels Game Night, OCBA Appellate Law Section Meeting, OCBA Legislative Resolutions Committee, pp.48-49; OCBA Bar Waiters Countdown Reception, OCBA Solo Practitioner/Small Firm Section Summer Social, Race for the Cure, pp.62-63
  • December: OCBA Volunteer Recognition Reception, pp.54-55; OCBA Trivia Night, OCBA Seminar & Section Meetings, OCBA Necessities Drive, pp.70-71

Practice of Law and Related Issues

  • Americans With Disabilities Act, Title II, and the Superior Court in Orange County, by Andrea Y. Velasquez, August p.26
  • Courting the Court: Ten Tips for Improving Your Relationship With Justice, by Samuel P. Nielson, December p.34
  • Eight Ways In-House Lawyers Can Make You a Better Trial Lawyer, by Michael S. LeBoff, January p.44
  • How Neuro-Science Can Help Us Transform Conflict Into Collaboration, by Mari J. Frank, May p.48
  • SLAPPing a Vague Claim: A Prong One Conundrum, by Steven S. Streger, December p.40
  • Tech Tip: Social Media & Internet Evidence: Authentication and Foundation, by Joseph Jones, December p.58
  • Tech Tip: Using Judicial Analytics to Stay One Step Ahead, by Rick Merrill, November p.50
  • The Case for Diversity: Why It Matters and Why It Is Hard to Achieve in the Legal Profession, by Mei Tsang, March p.32
  • The Power of Connecting Offline, by Christina Zabat-Fran and H. Josh Ji, February p.34

Real Estate Law

  • Retaliation: A Common Defense in Unlawful Detainer Litigation, by Karin Easter Gurwell, December p.50

Tax Law and Financial Planning

  • Legal and Tax Ramifications of Business Entities, by Zaher Fallahi, February p.40
  • New Federal Tax Legislation Takes Effect, by Dave Min and Stephen B. Miller, April p.42
  • South Dakota v. Wayfair: From International Shoe to Interstate Sales Tax, by Marc Brandeis and Daniel W. Layton, September p.32

Tort & Trial

  • Backdoor Attorneys’ Fees Based on the Tort of Another: A Mediator’s Perspective, by William J. Caplan, December p.47

Veterans Affairs

  • Orange County Legal and Business Communities Honor Current, Former Military Members at First American Patriots Ball, by Lauren E. Grochow, December p.52

This and more than a decade of Indexes are available on the OCBA website. Go to www.ocbar.org, scroll over “OC Lawyer” with your cursor to see the dropdown menu, then select ”Article Index” to search the Archive with your OCBA member user name and password. This and a decade of Indexes are available on the OCBA website.