2016 Article Index


Index to Articles Appearing in Volume 58, 2016
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 2016. This index is arranged alphabetically by main article topic, then alphabetically within that topic.


Alternative Dispute Resolution

  • Benefits of Early Mediation: Why Not Save Some Time and Money?, by David E. Libman, January p.38
  • Facework in Mediation: The Need for “Face” Time, by Rebecca J. Callahan, September p.38
  • How to Cause Failure in Mediation, by Alexander S. Polsky, January p.34

Appellate Law

  • 2015 Year in Review: Notable Published Civil Cases From the Fourth Appellate District, Division Three, by Mary-Christine Sungaila and Allan Gustin, February p.24
  • Handy Tips for Initiating a Federal Civil Appeal, by Everett L. Skillman, July p.22
  • Rethinking the Impossible: Appellate Mediation, by Kerry W. Franich, July p.26

Banking & Lending

  • California Supreme Court Rules in Favor of Borrowers in Yvanova but Leaves Many Issues Unresolved, by Steven A. Ellis, July p.34

Business & Corporate Law

  • Going Rogue: The New Perils That Await Directors Who Negligently Take Matters Into Their Own Hands, by Nathan P. Bettenhausen, December p.50
  • Non-Competition Agreements in California: The Fine Line Between Good and Bad, by Jame Mascaro, January p.24

Business Litigation

  • How to Select an Expert Witness Who Will Help Your Case, by Richard G. Rappaport, May p.46

Commercial Law & Bankruptcy

  • Bankruptcy Pitfalls and Practice Tips, by Jeffrey I. Golden and Christopher J. Green, May p.42
  • Common Drafting Errors and Omissions in Chapter 11 Plans, by David J. Cook, December p.64

Constitutional Law

  • Bargaining With the Government vs. Lobbying the Government—A Distinction Without a Difference, by Amie Nolan-Needham and Adama K. Wiltshire, June p.40

Corporate and In-House Counsel

  • Engineering the Law In-House, by Dean J. Zipser, September p.34
  • Taking the Plunge: Billabong’s Libby Stockstill, by Michael L. Baroni, November p.46
  • OCBA Young Lawyers Division’s Circle of Counsel Event, by Mohammed H. Elayan and Lauren E. Shaw, December p.58

Election Law

  • Challenging Voter ID Laws: The Need for Reform, by Manoj S. Mate, October p.30
  • Election Law: The Litigation That Quietly Shapes Your Ballot, by Chad D. Morgan, October p.26
  • End Disenfranchisement of Felons, by Erwin Chemerinsky, October p.36
  • Felon Voting and the Rule of Law, by John C. Eastman, October p.36
  • Voting for Change: The Supreme Court’s Election Law Cases After Scalia, by Richard L. Hasen, October p.20

Entertainment, Sports & Marketing Law

  • Law, Politics, and Daily Fantasy Sports, by I. Nelson Rose, March p.38

Ethics and Professional Responsibility

  • Ethically Speaking: Advance Waivers Continue to Draw Criticism From Courts, by Robert K. Sall, February p.52
  • Ethically Speaking: Civility Among Lawyers: Nice Guys Don’t Have to Finish Last, by Scott B. Garner, March p.46
  • Ethically Speaking: 2015 Ethics Year in Review, by the OCBA Professionalism & Ethics Committee Members, January p.54
  • Ethically Speaking: Forfeiture of Fees Due to Conflict of Interest, by Carole J. Buckner, April p.58
  • Ethically Speaking: How to Ethically End the Attorney-Client Relationship, by Ashley E. Merlo, May p.56
  • Ethically Speaking: Interview With Mandatory Fee Arbitration Committee Co-Chairs, with Eric S. Blum and David J. Hesseltine, July p.56
  • Ethically Speaking: Judicial Recusal Due to the Litigation Views of a Judge’s Future Employer, by Joseph R. Wilbert, August p.60
  • Ethically Speaking: Keeping Secrets: Why You Cannot Disclose Even Publicly Available Information If It Would Be Embarrassing or Detrimental to Your Client, by Isabelle M. Smith, October p.66
  • Ethically Speaking: Limits On Pre-Certification Communications With Putative Class Members, by Cathy T. Moses, September p.63
  • Ethically Speaking: Supreme Court Interprets Legal Malpractice Statute of Limitations: New Exceptions Create Confusion, by Joel M. Pores, June p.56
  • Ethically Speaking: The Message From Baxter v. Bock: Vet Your Fee Arbitrator Early, by Mary A. Dannelley, November p.58
  • Ethically Speaking: Vicarious Disqualification of Law Firms in California, by Paul A. Stewart, December p.73
  • The Brock Turner Sentencing and the Face of Bias, by Danielle De Smeth, Prudence Hutton, and Kelly Robbins, October p.54
  • unWAIVERing: The Attorney-Client Privilege is Not Waived by a Defective Privilege Log, by Corbett H. Williams, February p.30

Family Law

  • Family Law Corner: How Relevant Is the Marital Standard of Living in a Post-Judgment Spousal Support Modification Request?, by B. Robert Farzad, June p.50
  • Family Law Corner: The Character of Transmutations, by Denise Trevino, August p.52

Health Care Law

  • A Legal Road Map for Wellness Programs, by Nicole C. Baldwin and Brian E. Cole II, March p.32
  • Whose Embryo Is It Anyway? California Finally Takes a Stand, by Judith Daar, May p.34

Humor and the Law

  • A Criminal Waste of Space: Allegorical Asses, by Justice William W. Bedsworth, June p.62
  • A Criminal Waste of Space: Alphabetical Disorder, by Justice William W. Bedsworth, January p.60
  • A Criminal Waste of Space: A Most Dangerous Game, by Justice William W. Bedsworth, April p.62
  • A Criminal Waste of Space: Cruel and Usual, by Justice William W. Bedsworth, February p.56
  • A Criminal Waste of Space: Fibersecurity, by Justice William W. Bedsworth, May p.62
  • A Criminal Waste of Space: Insult to Injury, by Justice William W. Bedsworth, November p.66
  • A Criminal Waste of Space: Justice in the Asteroid Belt, by Justice William W. Bedsworth, August p.66
  • A Criminal Waste of Space: Naked Lunch, by Justice William W. Bedsworth, July p.62
  • A Criminal Waste of Space: Still Another Modest Proposal, by Justice William W. Bedsworth, December p.79
  • A Criminal Waste of Space: The Great Laguna Niguel Landslide Writ, by Justice William W. Bedsworth, October p.74
  • A Criminal Waste of Space: Volume 36, No.1, by Justice William W. Bedsworth, March p.52
  • A Criminal Waste of Space: We Never Got Our Man, by Justice William W. Bedsworth, September p.70
  • Millar’s JurisDiction: 1-800-JURY DUTY, by Richard W. Millar, Jr., April p.56
  • Millar’s JurisDiction: Car 54, Where Are You?, by Richard W. Millar, Jr., May p.55
  • Millar’s JurisDiction: Debtor’s Prison, by Richard W. Millar, Jr., July p.54
  • Millar’s JurisDiction: Divorce Court, by Richard W. Millar, Jr., September p.60
  • Millar’s JurisDiction: Foot Shot, by Richard W. Millar, Jr., January p.52
  • Millar’s JurisDiction: Free Advertising, by Richard W. Millar, Jr., March p.44
  • Millar’s JurisDiction: Going Postal, by Richard W. Millar, Jr., June p.54
  • Millar’s JurisDiction: Neither a Borrower Nor a Lender Be, by Richard W. Millar, Jr., December p.70
  • Millar’s JurisDiction: Show Time, by Richard W. Millar, Jr., February p.50
  • Millar’s JurisDiction: Too Cute by Half, by Richard W. Millar, Jr., August p.58
  • Millar’s JurisDiction: Wash Day, by Richard W. Millar, Jr., October p.64

Immigration Law

  • EB-5 Visa Program: A Malpractice Danger, by Jeffrey Wang, August p.42

Insurance Law

  • Insurers Can’t Escape Through an Escape Clause, by Dan Jacobson, February p.40

Intellectual Property & Technology Law

  • Copyright’s Relevance in the Internet Age: Some Lessons From Aereo, Alice, and Authors Guild, by Owen Prell, July p.42
  • Cyber Vulnerability and National Security, by Paul Rosenzweig, May p.20
  • Encryption Is a Cybersecurity Essential and Must Be Defended, by Adam K. Levin and J. Anthony Vittal, May p.24
  • Help! What Are My (Immediate) Defenses to a Federal Trade Secret Claim?, by Lily Li and Andrea W. Paris, September p.52
  • (The Idiot’s Guide to) Cybersecurity for Lawyers, by Denis Binder, May p.30
  • Warning: Offensive Trademarks Lie Ahead, by Michael Baroni, June p.34
  • Willful Patent Infringement and Enhanced Damages After Halo Electronics, Inc. v. Pulse Electronics, Inc., by Yen-Shyang Tseng, December p.38

International Law

  • After Brexit: The Butterfly Wings of Economic and Political Globalization, by William Lockyer, November p.42
  • Are Mobile Legal Clinics the Solution? One Tiny African Country Thinks So, by Shelley M. Liberto, December p.60

Labor & Employment Law

  • Jurisdictions Compete to Expand Paid Sick Leave, by Shirin Forootan, September p.48
  • Reaching for Understanding: Mediating Employment Disputes With Small Business Owners, by David Ezra, July p.30

Military and Veterans Law

  • Practical Tips for Representing Veterans With VA Claims, by Sean Dowsing and Emily Edwards, January p.46
  • Appellate Courts Battle Over Military Diversion, by Kelly M. Knight and Kevin R. Snyder, November p.26
  • Students Get a Lesson in Leadership at the Veterans Legal Institute’s Summer Internship, by Allison K. Higley, Katie Friesen, and Clare Wernet, November p.38
  • UCI School of Law Clinic Stands Up For Veterans, by Antoinette N. Balta, Samuel Hyams, and Sean Karol, November p.34


  • 2016 New State and Federal Laws, by James S. Azadian and Eric G. Salbert, April p.28
  • Index of Articles Appearing in Volume 57, 2015 Orange County Lawyer Magazine, February p.44

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

  • A Case for Shelter, by Brett J. Williamson and Andra B. Greene, September p.32
  • A Legacy of Service: Reflections on Judge Wieben Stock (Ret.), by Robert J. Cohen and Alan Slater, October p.42
  • A Pro Bono Success Story Thirty-Five Years in the Making, by Kenneth W. Babcock, October p.46
  • Alan, the Sequel, by Richard M. Millar, Jr., November p.40
  • Civic Center: Center of Justice, Center of Homelessness, by Todd G. Friedland and Mark Pampanin, September p.22
  • Cover Story: “But I Digress:” Orange County Lawyer Columnist Lauded as Gold Standard of Professionalism and Civility and Terrific Lawyer, by Stuart Jasper, February p.20
  • Cover Story: Fairway Philanthropy, by Ashleigh E. Aitken, March p.18
  • Cover Story: Festive Philanthropy, August p.20
  • Cover Story: Harmon G. Scoville Award Winner Roy L. Comer: A Life-Long Learner Pays It Forward, by John A. Bergen, December p.20
  • Cover Story: #OCBAYLDGives, by Michelle A. Philo, July p.20
  • Cover Story: The OCBA’s 2017 Secretarial Candidates: Scott B. Garner and Bradley S. Erdosi, September p.20
  • Cover Story: Six Degrees of Todd Friedland, by Tiffanny Brosnan, John Stephens, Mei Tsang, and Dean Zipser, January p.20
  • Cover Story: Who’s Who in the ABA-Accredited Orange County Law Schools, November p.20
  • Cover Story: Who’s Who in the OCBA, April p.20
  • Cover Story: Who’s Who in the OCBA: The Affiliates, June p.20
  • Dean’s Corner: Skills Training at the Fowler School of Law, Chapman University, by Tom Campbell, January p.50
  • Dean’s Corner: The Importance of Clinical Legal Education, by Erwin Chemerinsky, February p.48
  • Dean’s Corner: Western State’s New Home, by Allen K. Easley, March p.43
  • Homeless Outreach Court: Saving People’s Lives and Saving Money, by Larisa M. Dinsmoor, September p.28
  • Judith Daar: Leading Whittier Law School Into the Future, by Judge Jonathan S. Fish, December p.28
  • New Chapman Law Dean Comes Home, by Thomas D. Phelps, December p.24
  • President’s Page: 2016: An OCBA Collaboration, by Todd G. Friedland, December p.14
  • President’s Page: Building a More Inclusive and Stronger OCBA, by Todd G. Friedland, February p.14
  • President’s Page: Choose Civility, Please, by Todd G. Friedland, March p.12
  • President’s Page: Halfway There, by Todd G. Friedland, July p.14
  • President’s Page: Hey Todd!, by Todd G. Friedland, January p.14
  • President’s Page: It’s All Good, by Todd G. Friedland, October p.14
  • President’s Page: In Retrospect, the OCBA Is Awesome, by Todd G. Friedland, November p.14
  • President’s Page: Let’s Hear From You, by Todd G. Friedland, August p.14
  • President’s Page: Make a Difference!, by Todd G. Friedland, September p.14
  • President’s Page: OCBA: Raising the Bar, by Todd G. Friedland, June p.14
  • President’s Page: Take a Moment to Remember, by Todd G. Friedland, May p.14
  • President’s Page: The OCBA’s Impressive New Board Members Tee Off to a Great Year, by Todd G. Friedland, April p.14
  • Spotlight on the OCBA Criminal Law Section, by Kate Corrigan, August p.28
  • When Mommy Meets Esquire, by Lindsay Aragon and Jacqueline M. Beaumont, October p.58

Photos (by Date)

  • OCBA Fall Member Mixer; CRF-OC Annual Benefit; Whittier Law School Swearing-In Ceremony; Chapman University Fowler School of Law Swearing-In Ceremony, January p.64
  • OCBA Young Lawyers Division Annual Holiday Reception; OCBA Corporate Counsel Holiday Social; OCWLA Holiday Social; University of California, Irvine School of Law Swearing-In Ceremony 2015, February p.60
  • OCBA 2016 Judges’ Night & Annual Meeting, March p.56
  • OCBA Mentoring Kick-Off Reception, OCBA Young Lawyers Division Open House & Annual Business Meeting, April p.54
  • OCBA 24th Annual MCLE Last Dash Seminar, OCBA Family Law Section Meeting, April, p.66
  • OCBA Charitable Fund 32nd Annual Judge Kenneth Lae Charity Golf Scramble, May p.50
  • State Bar President Reception, OCBA Spring Member Mixer, May p.66
  • Chapman University Fowler School of Law 2016 Social Justice Symposium; Western State University College of Law Ribbon Cutting Ceremony, June p.48
  • OCAABA 23rd Annual Installation Dinner & Awards Gala; OCBA Young Lawyers Division Mental Health “Happy Hour”; OCBA Community Outreach Stop Hunger Now Meal Packaging Event, June p.66
  • OCBA Appellate Law Section Special Luncheon Honoring Retiring Associate Justice Rylaarsdam; California State Bar Swearing-In Ceremony; Chapman University Dale E. Fowler School of Law 2016 Commencement Ceremony, July p.50
  • OCBA Community Outreach Committee 10th Annual Super Pet Adoption Event; OCBA Corporate Counsel Section Summer Social; OCBA Community Outreach Committee Restoration of Upper Newport Bay Preserve, July p.66
  • OCBA Summer Member Mixer, August p.50
  • Public Law Center 2016 Volunteers for Justice Dinner; OCBA Young Lawyers Division Tiki Cruise; OCBA International Law Section Seminar—Human Trafficking In Our Backyard, August p.74
  • OCBA Masters Division Summer Reception; Orange County Lavender Bar Association Sixth Anniversary Party, September p.58
  • Orange County Bar Foundation Fourth Annual Rooftop Brewfest; OCBA Summertime Specialty Credit Night; Bridging the Gap!, September p.74
  • OCBA Charitable Fund Annual Benefit, October p.62
  • OCBA Teenage Legal Survival Skills; OCBA Commercial & Bankruptcy Law Section Seminar; OCBA Community Outreach Summer Beach Clean-Up, October p.78
  • OCBA Solo Practitioner / Small Firm Summer Social; OCBA Bar Waiters Reception, November p.54
  • OCBA Young Lawyers Division Quarterly Meeting; OCBA Banking & Lending Section Meeting; OCBA Appellate Law Section & Court of Appeal Imagesoft Truefiling Training; OCBA Elder Law Section Meeting, November p.70
  • OCBA Appellate Law Section Meeting & David G. Sills Award Presentation; OCBA Stand Up For Homelessness, December p.82

Practice of Law, Procedures, and Related Issues

  • A New Resource for Self-Represented Litigants: A Civil Appellate Self-Help Clinic at the Orange County Court of Appeal, by Mary-Christine Sungaila, January p.30
  • All Mixed Up: How Mixed Causes of Action Survive an Anti-SLAPP Challenge Under Baral v. Schnitt, by Kimberly A. Knill, December p.32
  • Approaching the Bench: Questioning Witnesses, by Judge David R. Chaffee, November p.56
  • Approaching the Bench: Using Your Oral Opportunity Wisely, by Steven S. Streger, May p.54
  • Approaching the Bench: Withdrawal Motions and the In Camera Urban Myth, by Steven S. Streger, December p.68
  • Cultural Competency and the Practice of Law in the Twenty-First Century, by Aastha Madaan, October p.48
  • Dread Networking? Introverts, You Are Not Alone, by Crystal L. Rockwood, December p.54
  • Law Firm Survey Reveals Future Trends, by Sherry Cushman, November p.50
  • Meeting the District Attorney in Civil Court? Unlawful Or Fraudulent Business Practices May Be to Blame, by Kelly A. Ernby, December p.43
  • Minding the Statutory Offer to Compromise: A Review of Basic Mechanics, Recent Developments, and Common Misconceptions, by Joshua G. Simon, September p.44
  • Of Objections, and Meet-and-Confer Efforts: Will New Civil Procedure Requirements Make a Measurable Difference to Practitioners or the Court?, by Kimberly A. Knill, February p.34
  • Survey Results: Why Are Women Really Leaving Firms?, by Erin Giglia and Laurie Rowen, March p.22
  • Tech Tip: Adopt New Tech Tools, But Stay a Little Old School, by Anne Marie Cox, July p.52
  • Tech Tip: Should Your Law Firm Get a Mobile App?, by Jeffrey Salberg, May p.53
  • Tech Tip: The Most Cost-Effective Tech Solutions for Starting Your Own Firm, by Andres Hernandez, March p.42

Public Law

  • Public Entities and the Claim Presentation Statute—Accept, Reject, Provide Notice, or Do Nothing?, by Seymour B. Everett III, David L. Martin, and Samantha E. Dorey, July p.38
  • Sweeping Six-Case Win for Water District Helps Secure Orange County’s Water Supply, by Michelle Ouellette, August p.24

Real Estate Law

  • Rumble in the Riviera, by Rick McNeil, Colin Higgins, and Leslie Barron, April p.36
  • Short-Term Rentals and Community Associations, by Barry A. Ross, January p.42

State and Local Laws

  • End of Life Choices: What Does Dying With Dignity Mean to You?, by Sheniece Smith and Leslie Lindgren, August p.36
  • Reefer Madness Redux: The Marijuana Laws in Flux, by Scott B. Well, August p.30

Trusts & Estates

  • Estate Planning for Women, by Darlynn Morgan, March p.28
  • Estate Planning in a Digital Age: Protecting Your Digital Assets Today and in the Future, by Kevin Snyder and Jessica Ertel, June p.28


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.