Page 1

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

January/February 2015

2015 SCBA President

www.sacbar.org

Painting by Angela Lai, inset photo by Mark Long-Eleakis & Elder Photography

Angela Lai

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

1


Since 1963

Marty Anderson Vice President

Lawrence H. Cassidy President

Do your Accounts Receivables have a high balance and your bank account a low balance? • We have a staff of experienced collectors and three in house attorneys to put the cash in your bank account. • Over 100 law firms and many Fortune 500 firms select us to collect their past due accounts whether they are in the thousands or millions. • International collections recently made in England, Israel, Poland, and other countries. • Members: Commercial Law League of America. 700 Leisure Lane, Sacramento, CA 95815 Phone 916.929.7811 ext 222 | Fax 916.929.5125 | Email norcal@covad.net


EDITOR’S MESSAGE Betsy S. Kimball is a partner in the firm of Kimball & Wilson, LLP and a certified specialist in both legal malpractice law and appellate law.

“Apathy” Is a Word I Rarely Use + My Knee Aches Just Thinking about It by Betsy S. Kimball

In

the first draft of this message (long since deleted), I started writing about the fact that 37 percent of those eligible to vote in November actually voted. One thought led to another…. The SCBA has ± six paid staff people, and they do a lot. All the rest of the work of the SCBA is done by volunteers−busy people with families and day jobs. Not enough volunteers, the work does not get done. Example: The Alameda County Bar Association shut down its fee arbitration program in 2013, after operating it since 1979. Getting involved in bar activities is a win-win. And it does not have to be with the SCBA. Involvement with the affiliate bars or with related programs like VLSP is welcome and often critical to the success of those organizations. Appointments to most SCBA committees are made in January and February. See Angela Lai’s President’s Message. My own bar service has been (and is) on state bar committees. For most state bar committees, the application deadline is February 2, 2015. See http://cc. calbar.ca.gov/. With precious few “vacations,” Judge Judy Holzer Hersher has provided an article on civil law and procedure for every issue of the Sacramento Lawyer since mid-2008. She recently agreed to co-author the companion se-

4

ries to the CACI, to be published by Thomson Reuters–West. Judge Hersher’s last “regular” article appears in this issue. Thank you to Judge Hersher. I wanted to do an article last year celebrating the 50th anniversary of the Civil Rights Act of 1964. On Election Day, I grabbed a sandwich at my neighborhood grocery store. I asked the cashier and bagger if they had voted, and they said no. Both gave me a look I will not soon forget: like why would we want to vote. Before the civil rights legislation of 1964 and 1965, there were large parts of this country in which neither would have been able to vote. Those in attendance at the recent Eastern District Conference had the privilege of hearing from three men who were participants in the civil rights movement, so I am very pleased to have Deborah Barnes’ article in this issue, sharing some of what these men had to say. This issue welcomes Angela Lai as the 2015 SCBA President and features an article on Gary Smith, the Executive Director of Legal Services of Northern California. Both are very accomplished people. The LSNC Valentine Walk/Run is February 15th. This year, I will participate. And, yes, the mere thought of it does make my right knee ache. Mind over knee! Participation over apathy!

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

EDITOR-IN-CHIEF Betsy S. Kimball bkimball@kimballwilson.com STAFF EDITORS Ellen Arabian-Lee, Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Angela Lai - President Heather Hoganson - 1st Vice President Sabrina Thomas - 2nd Vice President Sil Reggiardo - Secretary Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 2015 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.


CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

JANUARY/FEBRUARY 2015 VOLUME 116, NUMBER 1

COVER STORY 18 Welcoming Angela Lai, the 2015 SCBA President FEATURE STORIES 16 Gary Smith: A Dedicated Community Lawyer and Leader 23 Law Firms Accepting Credit Cards and EMV Chip Evolution, Part One 24 A Look Back upon the Civil Rights Movement, at the Eastern District Conference ANNOUNCEMENT 10 Announcing a Special Edition of the Sacramento Lawyer Magazine – a Compilation of “The View from the Civil Bench” Articles of Judge Judy Holzer Hersher EVENTS 14 Arthur Scotland, Toso Himel, and Betsy Kimball Honored at the SCBA’s Annual Meeting 26 Women Lawyers of Sacramento – Annual Supreme Court Reception

18

28 Jan Scully Celebrates Her Retirement with the First Annual Benefit Event for the Sacramento Regional Family Justice Center 32 Unity Bar of Sacramento Holds Its Annual Dinner 35 The Anne K. Meline Award Goes to Judge Al Dover (ret.) THE VIEW FROM THE CIVIL BENCH 8

The Demise of “Camping Rights” (Unlimited Jury Time) in Civil Trials

VLSP

16

22

30 Quiet Dedication Benefits the Indigent SECTION, AFFILIATE & BARRISTERS NEWS 22 SacLEGAL Honors Influential Members of the LGBT Community at Its Second Annual Founders Award Reception 33 Barristers’ Club Update 34 Public Law Section Update

DEPARTMENTS 4

Editor’s Message

6

President’s Message

26

33 Index of Advertisers SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

January/February 2015

2015 SCBA President

www.sacbar.org

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

Painting by Angela Lai, inset photo by Mark Long-Eleakis & Elder Photography

Angela Lai

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

COVER 2015 SCBA President Angela Lai

1

www.sacbar.org www.sacbar.org | January/February | January/February 2015 2015 | SACRAMENTO | SACRAMENTO LAWYER LAWYER

5


PRESIDENT’S MESSAGE Angela Lai

President,

HAPPY NEW YEAR

Sacramento County Bar Association

Be It Resolved…

Consider helping your practice, the profession, and the public through one of these New Year’s resolutions by Angela Lai

It’s

2015. What resolutions have you made for the new year? To exercise more? To spend more time with family and friends? To make your practice more enjoyable and profitable? To learn something new about your practice area? To give back to your community and your profession? On behalf of the Sacramento

County Bar Association, I wish to offer a resolution for your consideration: Get involved in the bar. First, renew your membership if you have not done so already. (If you have already renewed, thank you!) You can join or renew using the form on page 11 of this issue, or online at www.sacbar.org.

Second, there are more options than ever for getting active in the SCBA and making the most of your membership. Find what fits best for you! • If you want to share and/or grow your knowledge in substantive law – The SCBA now has 17 sections, which offer networking, friendship, MCLE programs, and leadership opportunities. • If you want to get together with other local attorneys and judges – Check out our e-newsletter “Week at the Bar” for upcoming events and services. Attend our member mixers, the annual Bench Bar Reception, and the Annual Meeting. Do you know the SCBA has an annual Golf Tournament and our own softball team? • If you want to help our legal community grow in diversity and inclusivity – Get involved in our diversity hiring and retention committee or the mentorship task force, or participate in Operation Protect and Defend or one of the law academies that serve our local high schools. And our affiliates are as diverse as the law itself. • If you want to make a difference in the community through pro bono work and charitable giving – Get involved in the Volunteer

6

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org


Legal Services Program (VLSP), and check out new fundraising events of the Sacramento Law Foundation. Don’t forget to join us on February 14 for the 12th annual Valentine Run/Walk, benefiting Legal Services of Northern California! • If you want to help improve the laws and the administration of justice in California – Join the ranks of the SCBA delegation to the Conference of California Bar Associations. • If you want to help maintain the vibrancy of the SCBA and make sure we continue to be relevant to the ever-changing needs of the Sacramento legal and the broader communities – Get active in SCBA committees and task forces, or pursue a leadership position on the SCBA Board of Directors or the Sacramento Law Foundation Board of Directors. With well over 100 leadership positions within the SCBA, there’s something for everyone, including the timepressed among us. Unsure about where the SCBA best fits your talents and interests? We are happy to talk with you and help you develop a plan for SCBA engagement. Contact me or Executive Director Mary Burroughs (mburroughs@ sacbar.org). I must say I am extremely honored to continue my participation in the SCBA as this year’s President. The SCBA has celebrated many organizational accomplishments, and we look forward to another exciting year that you won’t want to miss!

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

7


THE VIEW FROM THE CIVIL TRIAL BENCH

Judge Judy Holzer Hersher, Sacramento County Superior Court

The Demise of “Camping Rights” (Unlimited Jury Time) in Civil Trials by Judge Judy Holzer Hersher

This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments should be addressed to HersherJ@saccourt.ca.gov.

P

redicting the length of a jury trial and getting it done within that time can be challenging. Generally it is not an issue for those who have prepared witnesses, organized exhibits, and carefully crafted, non-repetitive questions. For others, the outcome is less certain. With the dwindling availability of civil courtrooms statewide, there is increasing pressure on trial judges to get trials done more efficiently, in less time. Thus it should come as no surprise that a recent appellate court has waded into the issues surrounding time limitations that a trial judge can impose on attorneys. (California Crane School, Inc. v. National Commission for Certification of Crane Operators et al. (2014) 226 Cal. App.4th 12, hereinafter “Crane”.) Notably, Crane spends no time discussing the facts or law litigated in the case (Cartwright Antitrust Act, Bus. & Prof. Code §16700 et seq., unfair competition, and other business torts). Rather, it focuses on a trial court’s power and duty to work with counsel in setting appropriate time limits when a particular case, court schedule, or experience with counsel warrants. In no way do the justices hold that time limitations should be given in all or even most cases. Rather, they explain what needs to go into the decision-making if time limitations will be applied.

8

“Efficiency is not necessarily measured by comparing the actual length of a trial with the parties’ original time estimate because parties often overestimate or underestimate a trial’s length.” (Crane at p. 20.) There are a variety of statutes and ethical canons in play and which have granted judges the tools to balance fairness with time limitations. (See Evid. Code § 352, empowering trial judges to limit the presentation of relevant and probative evidence in the face of undue consumption of time; Evid. Code § 765(a), mandating that a trial court shall exercise control over the mode of interrogation of witnesses “so as to make interrogation as rapid, as distinct and as effective for the ascertainment of truth…;” Gov. Code § 68600 et seq., mandating the prompt disposition of all matters; Standard 2.1(a) of the California Standards of Judicial Administration (“…from the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for … court events is unacceptable and should be eliminated”); Canon 3B(8) of the California Code of Judicial Ethics, providing that “[a] judge shall dispose of all judicial matters fairly, promptly and efficiently… in a manner that provides all litigants the opportunity to have their matters fairly adjudicated in accordance with

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

the law.”) (Crane, supra, 226 Cal. App.4th at pp. 19-20 & fn. 3.) “Some litigants are of the mistaken opinion that when they are assigned to a court for trial they have camping rights.” (Crane at p. 19.) So how long is long enough for any given trial to satisfy the rights of civil litigants to have their fair day in court? As Crane explains, it is not whatever time it may actually take a lawyer or party to put on their case. Rather, it is the considered experience of a judge and unique circumstances of a case that control. The Crane court put it this way: “Some litigants are of the mistaken opinion that when they are assigned to a court for trial they have camping rights. This view presumes that the trial judge must defer to the lawyers’ time estimates for the conduct of the trial such that, for example, when examining witnesses, unless a valid objection is made by one’s opponent, a party is entitled to take whatever time it believes necessary to question each witness. This view is not only contrary to law but undermines a trial judge’s obligation to be protective of the court’s time and resources as well as the time and interests of trial witnesses, jurors and other litigants waiting in line to have their cases assigned to a courtroom.” (Id. at p. 19.) At the appellate level, the appellant (plaintiff) argued that the trial judge impermissibly limited the presentation of his rebuttal evidence. Appellant estimated a four to


LITIGATION six week jury trial with 30 witnesses before trial began. After pretrial rulings narrowed the issues, the Court advised counsel they should be able to complete the case in no more than nine to 10 days. Appellant reportedly responded that the time frame was “optimistic.” Nothing more was said, and the record is silent with respect to any response by the respondent (defendant) at this juncture to the trial court. Shortly thereafter, based on further rulings, the Court expanded the permitted length to 12 days, giving six days to each side. Little more is offered in the decision to give perspective on the complexity, if any, of the legal or factual issues remaining. Apparently 12 days was considered reasonable by the parties. At relevant junctures throughout the trial, the Court checked with counsel about the pace of presentation of evidence and the need to move the trial along, noting that while the schedule was “not chiseled in stone,” he expected counsel to demonstrate greater effort to make it work. The judge’s urgings went unheeded. Direct and cross-examination with certain witnesses took much longer than anticipated, and the Court was not sympathetic based both on what it observed and what had been discussed. The case went to the jury on the 11th day after each side agreed to no more than a one-hour closing. The jury returned a verdict on the 12th day. The appellate court was not sympathetic to appellant’s argument that the trial court had unfairly limited his rebuttal time. Nor did it find that judges must or should defer to attorney time estimates. The justices found that the trial court had been “proactive from the start” in assessing what a reasonable trial time estimate was, actively monitoring the trial’s progress,

checking in with counsel, and admonishing counsel about timing. No Comment about Time Limitations in Front of the Jury absent Court Approval So how then to prepare for possible time constraints? Crane suggests the following: 1. Attorneys should give their best estimate of the length of their side of the case and invite opposing counsel to comment on the estimate. Counsel should include the time anticipated for jury selection, instruction, deliberation, and returning the verdict. 2. Trial judges will then independently evaluate the estimates based on the issues, witnesses, and, available schedule, in light of their experience. 3. Attorneys should offer why a particular case/issues/witnesses merit more or less time. 4. Time limits, if any, should be expressed using court-days or hours. Crane posits that using hours per side, rather than days, may be fairer, since “days” may be affected by juror tardiness, matters outside the presence of the jury, or other court business. Also, assigned hours means that lengthy cross-examination counts against the other side, as well as any late raised issues that could have been addressed pre-trial. 5. Unanticipated trial events (i.e., not the product of lack of preparation) should be brought promptly to the Court’s attention, which may justify increasing the time allotment. 6. Counsel and Court can agree in advance whether to allow counsel to advise the jury when its allotted time has expired and that the side has simply “rested,” or

for the Court to inform the jury that the offering party had more evidence to present, but time limitations prevented it from doing so. (Crane, supra, 226 Cal. App.4th at p. 22.) Otherwise, as noted in footnote 7, page 22, “just as it would be improper to comment on a court’s evidentiary ruling, it would be improper for counsel to comment on the court’s time limit order in front of the jury.” When has a trial judge gone too far in imposing time constraints? As with the exclusion of evidence generally, the test is whether a miscarriage of justice has taken place. “A judgment will not be reversed due to the erroneous exclusion of evidence unless it appears, upon examining the entire cause, including the evidence, a miscarriage of justice has resulted. (Cal. Const., art. VI, § 13; Evid. Code, § 354.) A miscarriage of justice occurs only when the reviewing court is convinced it is reasonably probable a result more favorable to the appellant would have been reached absent the error. (In re Marriage of Smith (1978) 79 Cal.App.3d 725, 750-751.).” (Crane, supra, at p. 24.) Counsel may wish to compare the actions of the attorneys and trial judge in Crane with those in In re Marriage of Carlsson (2008) 163 Cal.App.4th 281 and related Inquiry Concerning Judge Peter J. McBrien (2010) 49 Cal.4th CJP Supp. 315 (In a marital dissolution case, the trial court deprived a husband of his due process right to a fair hearing, where the court abruptly ended the trial before the husband finished putting on his case-in-chief and by ending the trial while an expert for the husband was on the stand and the husband’s counsel was in the midst of asking the expert a question.).

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

9


ANNOUNCEMENT

Betsy S. Kimball Editor-in-Chief

Announcing a Special Edition of the Sacramento Lawyer Magazine a Compilation of The “View from the Civil Bench” Articles of Judge Judy Holzer Hersher SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

2008 - 2014

Collection of Articles by Judge Judy Holzer Hersher

www.sacbar.org

Photo by Mark Long, Eleakis & Elder Photography

2008-2015

www.sacbar.org | September/October 2014 | SACRAMENTO LAWYER

1

• The Importance of Direct Examination in Modern Day Civil Jury Trials

• A Look at the Accomplishments of Judge Loren E. McMaster

• Jurors Asking Questions in the Courtroom

• Prevailing Party Determinations PostGoodman v. Lozano, a Cautionary Tale for Plaintiffs and Their Lawyers

• Using Depositions in a Civil Jury Trial • Civil Case Management Orders and the New Trial Setting Program: Getting it Right the First Time • Civil Jury Instructions Part I - Untimely Submission by Trial Counsel - an Oversight with Significant Consequences • Civil Jury Instructions Part II Argumentative Instructions • Civil Jury Instructions Part III - Juror Questions during Deliberations • Juror Nullification in the Civil Trial: Power without Right • Cross Examination: Crowning Glory or Calamity • Tough Economic Times Make for Reluctant Jurors: Making Jury Service Work for Everyone • The Privilege against Self–Incrimination: Immunity Subject to Change at Trial • “With All Due Respect”… Not Really

10

On

behalf of the people who made this possible, I am pleased to announce that all of the articles of Judge Judy Holzer Hersher published to date in the Sacramento Lawyer have been compiled into a special issue of this magazine. It is available in e-version only on the SCBA’s web page, sacbar. org. And it is word-searchable! Here is a list of the articles contained in the special edition.

by Betsy S. Kimball

• “The Cat’s Paw,” “Me too,” and the “Stray Remarks” Doctrines: Admissible Evidence in Today’s Employment Trials • Technology in the Courtroom: Should the Prevailing or Losing Party Pay? • State of California v. Continental Ins. Co., et al., and the All Sums with Stacking Rule: An Insurance Decision with Broad Implications • Computer Animation Evidence in Jury Trials • “Gatekeepers:” A Dramatic Analogy between Expert Testimony and the Movie Ghostbusters • Reduction to Present Cash Value: Whose Burden Is It? • The Internet and Misbehaving Jurors: What Price Justice?

• Howell v. Hamilton Meats & Provisions, Inc., and Corenbaum v. Lampkin: Examining the Policies behind the • “Reliable Authority” and Cross-Examination Decisions and their Future Impact of Experts under California Evidence Code • Setting the Number of Peremptory Section 721(b)(3): What We Have (Not) Challenges in the Simple and Complex Learned Civil Jury Trial: Part Statute, Trial • Writ Practice in the Superior Court: Where Strategy, and Discretion Medieval History Illuminates the Law • Judicial Estoppel: The Marriage of Court and Litigant that Demands Integrity • “Don’t Spit on Me” and Other Words of Wisdom from 50 Years of Court Reporting

• Poet Robert Frost and the California Legislature Agree: Good Fences Make Good Neighbors

• The Primary Right Doctrine and Duplicative Damage Awards: Avoiding • The Pitfalls of Neglecting a Court Approved Reduction or Reversal on Appeal Settlement in a Minor’s Case • “Out of the mouths of babes...” Child Witnesses in the Courtroom • The Courtroom as Arena – Positioning Is Everything • Insufficiency of the Evidence and the 13th Juror: Motions in Support or Opposition to a New Trial • “Blowing Hot and Cold” in Pleadings: A Risky Business at Trial

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

• Settlement Demands in Excess Available Insurance: Good or Bad Faith under Code of Civil Procedure Section 998? • Posting Jury Fees by Sides: The Impact of Changes to Code of Civil Procedure Section 631 on Last Minute Motions Affecting the Right to a Jury Trial • The Demise of “Camping Rights” (Unlimited Jury Time) in Civil Trials


SACRAMENTO COUNTY BAR ASSOCIATION

2015 MEMBERSHIP APPLICATION

Membership dues in the SCBA and SCBA Sections are not deductible as charitable contributions for federal income tax purposes. However, such dues may be deductible as a business expense. Consult your tax advisor.

NEW MEMBER

RENEWAL

Name

Payment Details: Amount $

Organization

Check #

Address

Credit Card:

City/State/Zip Phone

(

)

Fax

(

)

Visa

__ __ __ __-__ __ __ __-__ __ __ __-__ __ __ __ Exp: ________ / _________

Email State Bar #

Year Admitted

$37.00 $40.00 $80.00 $90.00 $109.00 $150.00 $120.00 $160.00 $0.00 $120.00 $80.00

CVC: ___________

Signature: __________________________________________

SCBA DUES | Check one. Dues based on calendar year, not prorated. $25.00

MasterCard

SECTIONS | Check the sections you wish to join.

Student Membership 1st year of admission to the State Bar of California - Government 1st year of admission to the State Bar of California - Private 2nd to 5th year - Government 2nd to 5th year - Private 6th to 9th year - Government 6th to 9th year - Private 10+ years - Government 10+ years - Private Honorary Membership [Judge/Justice] Associate [Non-lawyer] Retired Status

SCBA PROGRAMS

$20.00 $15.00 $20.00 $10.00 $20.00 $10.00 $15.00 $20.00 $20.00 $10.00 $15.00 $20.00 $10.00 $20.00 $20.00

Yes! I would like an application to join the Lawyer Referral and Information Service Yes! I would like an application to join the Mandatory Fee Arbitration Service

$15.00 $10.00

Administrative Law CODE 200 Alternative Dispute Resolution CODE 205 Appellate Law CODE 225 Bankruptcy and Commercial Law CODE 210 Business Law CODE 215 Children’s Counsel CODE 220 Civil Litigation CODE 250 Environmental Law CODE 230 Family Law CODE 235 Health Care CODE 240 Intellectual Property CODE 245 Labor and Employment Law CODE 255 Probate and Estate Planning CODE 260 Public Law CODE 275 Real Property CODE 270 Tax Law CODE 280 Workers Compensation CODE 285

Remit by mail/email/fax to Sacramento County Bar Association at 1329 Howe Ave #100, Sacramento, CA 95825 Email: scba@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787 Page 1 of 2

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

11


SACRAMENTO COUNTY BAR ASSOCIATION

2015 MEMBERSHIP APPLICATION

PRACTICE AREAS | Select your Practice Areas (limit three) Administrative Law Alternative Dispute Resolution Animal Law Appellate Banking Bankruptcy Business/Corporate Civil Rights Constitutional Law Criminal Defense Education Elder Law Employee Benefits Employment & Labor Energy & Natural Resources Entertainment & Sports

Environmental Estate Planning & Probate Family Law Gaming Government & Public Entity Health Care Immigration Insurance Intellectual Property International Land Use/Zoning Landlord/Tenant Legislative & Governmental Affairs Litigation, Administrative Litigation, Business Litigation, Class Action/Mass Tort

Litigation, Construction Litigation, Debt Collection Litigation, Environmental Litigation, Employment Litigation, General Litigation, Personal Injury Litigation, Intellectual Property Litigation, Professional Liability Municipal Law Native American Law Non-profit Organizations Patent Real Estate Social Security Taxation Workers’ Compensation

COMMITTEES and TASK FORCES | Check to (re)apply Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. Committees develop policy options for the Board and recommend actions for its consideration and approval. The work of SCBA committees is varied and reflects the diverse backgrounds and talents of our members. The primary role of committees is to examine and act upon assigned tasks. The Board relies on committees to inform its decisions, and in some cases, to carry out the mission of the organization. A brief description of each committee follows. Please indicate your interests. Committee appointments are made by the incoming President, although members may be added year around depending on individual committee needs.

Annual Meeting – Organizes the SCBA Annual Meeting.

Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public.

Bench Bar Reception – Organizes the Bench Bar Reception. Bylaws – Oversees the bylaws; makes recommendations to

Membership – Oversees and advises the Board about member benefits and organizational marketing.

SCBA Delegation – Organizes delegates and SCBA participation

Nominations – Nominates a slate of candidates for election as Board members and recommends SCBA awards recipients.

the Board when changes are suggested.

at the Conference of California Bar Associations; drafts and reviews resolutions.

Pro Bono – Advises the Board about, and operates, the SCBA’s pro bono program.

MCLE – Oversees and advises the Board about MCLE credit.

Sacramento Lawyer Magazine Editorial – Sets policies that

Diversity Hiring and Retention – Encourages the hiring and

govern the Sacramento Lawyer.

retention of minority legal professionals.

Website – Assists with the SCBA website and its content.

Electronic/Social Media – Oversees and advises the Board

about the SCBA’s electronic media.

Fee Arbitration – Arbitrates fee disputes between attorneys and clients.

Mentorship Task Force – Oversees and advises the Board

Golf Tournament – Organizes the annual springtime golf

about the SCBA’s mentorship program.

tournament.

Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County. Previous Committee/Section participation____________________________________________________________________________________

Remit by mail/email/fax to Sacramento County Bar Association at 1329 Howe Ave #100, Sacramento, CA 95825 Email: scba@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787

12

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

Page 2 of 2


#1

Half Page Ad: Joe Genshlea Law and Mediation September/October 2013 issue

Approval is needed to run your ad, please check appropriate box below.

#1

HEADSHOTS Proof OK as is CONTEMPORARY MAGAZINE

Correction needed AD R Ad OOF 1/4Ppage

Jan/Feb See a second2015 proof

Approval is needed to run your ad, please check appropriate box below.

Dennis M. Wilson is certified by the California State Bar as a Family Law Specialist. Among other law services, he drafts564-3787 Domestic Relations Please family fax back to (916) or emailOrders back(DROs), to Mary Burroughs including Qualified Domestic mburroughs@sacbar.org Relations Orders (QDROs) for ERISA plans and other orders for dividing retirement plans, for attorneys and their clients. The firm offers a flat rate for services, allowing attorneys the flexibility of Pleaseitsfax back to (916) 564-3787 negotiating settlement for their clients, or email back the tobest Mary Burroughs mburroughs@sacbar.org while it drafts the DRO.

OK with corrections

Proof OK as is

Correction needed

Thank you!

SIGN

If you are in need of some assistance with a QDRO or other DRO, do not hesitate to contact us.

Thank you!

See a second proof OK with corrections

SIGN

1120 Iron Point Rd. Suite 100 Folsom, CA 95630 Telephone: (916) 608-8891 Fax: (916) 608-8892 http://www.wilsonlawfirmca.com/

DATE

DATE

2416 18th St #D Sacramento, CA 95818 916.449.8004

www.joshuadeeportraits.com Approval is needed to run your ad, please check appropriate box below.

Approval is needed to run your ad, please check appropriate box below.

Proof OK as is

Proof OK as is

Correction needed

Correction needed

See a second proof

See a second proof

OK with corrections

OK with corrections SIGN ___________________________ DATE__________

SIGN ___________________________ DATE__________

Please fax back to (916) 564-3787 or email back to SAL

Thank you

Please fax back to (916) 564-3787 or email back to SALES@SACBAR.ORG or call (916) 564-3780

Thank you!

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

13


Annual Meeting: Arthur Scotland, Toso Himel, and Betsy Kimball Honored at the SCBA’s Annual Meeting by Ellen Arabian-Lee

B.J. Susich and the 2014 SCBA Distinguished Attorney of the Year, Justice Art Scotland (ret.)

Year Award to Justice Arthur Scotland (ret.). While Justice Scotland had a stellar career on the bench, this award recognizes the service to the bar that he has provided over the past (nearly) five years−contributing his wisdom, experience, and a lot of his time when called upon. Outgoing SCBA President B.J. Susich also presented the 2014 President’s Award to Betsy Kimball, citing her service as Editor of the Sacramento Lawyer. Chief Justice Cantil-Sakauye swore

Ellen Arabian-Lee is a staff editor of Sacramento Lawyer magazine and the President of ArabianLee Law Corporation in Roseville, where she practices litigation, business law, and employment law. She may be contacted at ellen@arabian-leelaw.com.

in the SCBA’s officers and board members and gave the keynote address, reviewing the past four years of “forming, storming, and norming” in judicial system. The program concluded with brief remarks by 2015 SCBA President Angela Lai about her vision for SCBA’s progress in this new year. As always, the SCBA wishes to thank all of the sponsors, distinguished guests, and colleagues for making this year’s annual meeting another great success.

On

a rainy Monday, December 15th, the Sacramento County Bar Association (SCBA) held its annual meeting at the Sheraton Grand Hotel. VLSP managing attorney Vicki Jacobs presented the 2014 June Black Pro Bono Award to Yoshinori H.T. (“Toso”) Himel, whose great service to VLSP and its clients is detailed in Jacobs’ article at page 30 post. Chief Justice Tani Cantil-Sakauye presented the SCBA Distinguished Attorney of the

14

Justice Art Scotland (ret.), Mary Burroughs, B.J. Susich, and Chief Justice Tani Cantil-Sakauye with the 2015 SCBA Executive Committee, President Angela Lai, 1st Vice President Heather Hoganson, 2nd Vice President Sabrina Thomas, and Secretary Treasurer Sil Reggiardo

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

Photo by Mark Long-Eleakis & Elder Photography

EVENTS


Outgoing SCBA President B.J. Susich gives his concluding remarks.

The Chief Justice addresses the audience.

Mary Burroughs, President’s Award recipient Betsy Kimball, and B.J. Susich

Justice Louis Mauro, Andra Ibarra, Justice Ron Robie, Lynn Robie, Justice Kathy Butz, Sue Scotland, Justice Art Scotland (ret.), Justice Andrea Hoch, and Jeanne Culhane

From the Bohm Law Group - Erik Roper, Maria Minney, Victoria Baiza, Lawrance Bohm, Bianca Saad, Kelsey Ciarimboli, and Megan O’Connor

From the Thomas Law Group – (seated) Nick Avdis, Chris Butcher, Holly McMannes, Angela McIntire, (standing) Kendra Buckley, Mariela Medina, Natalie Kuffel, and Nick Kump

The Chief Justice swears in the 2015 officers of the SCBA, while B.J. Susich and Mary Burroughs look on. www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

15


FEATURE STORY

Gary Smith

G

ary Smith, Executive Director of Legal Services of Northern California (“LSNC”), ranks high on the list of passionate lawyers. Then again, it’s easy to be passionate when you have hit the magic combination of enjoying the people you work with, encountering constant challenges and growth in your career, and doing the work that you went to law school for. A native of the Philadelphia area, Smith’s interest in social justice was sparked early by the civil rights work of a minister uncle and took shape while pursuing joint degrees at Yale’s Divinity School and Law School, where he studied religion and social justice as a component of religious traditions. An internship at legal aid further inspired him as he worked under lawyers challenging

16

Maureen C. Onyeagbako is a Deputy Attorney General with the California Department of Justice and a Staff Editor of the Sacramento Lawyer. She can be contacted at Maureen. Onyeagbako@doj.ca.gov.

A Dedicated Community Lawyer and Leader by Maureen C. Onyeagbako death penalty convictions and working to end poverty. He also saw how civil litigation could be used as a tool to open doors for the poor in the political sector. Following graduation and a federal clerkship, Smith’s legal practice took him to the Navajo Nation in Arizona, where he represented clients in public benefits and civil rights cases, among others. He definitively characterizes his time on the reservation as a “great experience.” He left not just with an acumen in the law but also in Navajo history and culture. Faced with the needs of a growing family, Smith moved west to California. Hired by former LSNC Executive Director, Victor Geminiani, he started out as a managing attorney in 1988 and eventually became LSNC’s Director of Litigation and Deputy Director. He has been counsel in successful cases before the U.S. and California Supreme Courts, and has numerous published federal and state appellate decisions to his credit. But Smith says that his proudest moment as an advocate came not as an attorney but as a plaintiff, when he served as the only individual legal services staff member, along with five legal aid organizations, who successfully challenged the constitutionality of restrictions imposed upon federally-funded legal aid programs by Congress and the Legal Services Corporation in 1995. He became Executive Director of LSNC in 1999. As Executive Director, Smith leads LSNC in providing quality legal ser-

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

vices to the poor and combatting poverty. These goals are met through an emphasis on community lawyering, which includes advocating for economic development and civil rights, and partnering with other non-profit organizations that support the poor. Among its many activities, LSNC has worked with local officials to increase bus routes in rural areas with the hope of increasing job opportunities and access for the poor. LSNC regularly performs corporate-counsel functions for organizations such as Habitat for Humanity, Loaves and Fishes, and My Sister’s House, among others. LSNC also supports groups that train lawyers who help the poor navigate California’s health system and Obamacare, and does advocacy work on mortgage foreclosure and predatory lending issues with the help of funding from the Attorney General’s recent settlement with major banks. Smith says that, as with many non-profits, funding has significantly changed the demands on him and LSNC over the years. LSNC has more than 100 funding sources supporting its $11.5 million budget. Less than 30 percent comes from the federal Legal Services Corporation and less than 25 percent comes from other government sources. The remainder is from grants (typically tied to specific projects) and fundraising, which help alleviate LSNC’s dependence on fluctuations in government budgets. Not surprisingly, funders want to know that their


FEATURE STORY money is working, and that has consequently subjected LSNC to increased regulatory and fiscal oversight. With increased oversight comes increased reporting responsibility, which is just one of the many challenges that required Smith to refine his organizational management skills. Gone are the days when need, managerial experience, or seniority were sufficient to run a non-profit. Now, leaders must juggle compliance reporting, budgetary fluctuations, personnel changes, high demand for services, understaffing, and political pressures. LSNC’s President of the Board of Directors and U.C. Davis Law School Dean Kevin Johnson credits Smith with being a “true professional” who stays “calm, cool, and collected” among the myriad of challenges. Similarly, John Davis, who is an LSNC volunteer attorney and board member, recipient of SCBA’s 2014 pro bono

award, and former opposing counsel to Smith, describes him as calm and strong in his representation of clients and “amazingly a very good administrator.” In recognition of Smith’s work, California Chief Justice Ronald George awarded him the State Bar’s highest public interest honor, the Loren Miller Legal Services Award, in 2010, for both his legal advocacy and the statewide institutional accomplishments he has helped achieve on behalf of legal services for the poor. Smith’s commitment to legal services includes staying current on issues and engaging with his community. He publishes law journal articles regularly and has taught Public Interest Law at U.C. Davis Law School for more than 20 years. These activities allow him to apply the theory of public interest organizations to his own work at LSNC and to feed off the energy and commitment of his students. At least 10

of his students have gone on to work as LSNC staff attorneys, including California Insurance Commissioner Dave Jones. Smith describes them all as bright, passionate, and intellectual people who, like all LSNC attorneys, want to do great things for the benefit of the public good. Serving the public does not make Smith all business, however. He is a passionate fan of all Philadelphia sports teams, which his dad calls a character-building experience. Keeping pace with his four accomplished children also keeps Smith busy. And, he enjoys playing basketball and has run half marathons. Smith encourages everyone to come out and meet him at LSNC’s 15th Annual Valentine Run/Walk on February 14, 2015, in Sacramento. Money raised from the event will provide unrestricted funding for LSNC services where there is the greatest need.

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

17


COVER STORY

WELCOMING

Heather Hoganson is the 2015 SCBA 1st Vice President. She may be contacted at Heather. Hoganson@ABC.ca.gov.

Angela Lai, the 2015 SCBA President by Heather Hoganson

A

Photo by Mark Long-Eleakis & Elder Photography

ngela Lai has used the Sacramento County Bar Association to develop friendships, mentorships, and professional avenues of success, and she hopes that others use the SCBA resources available as well. Born in Hong Kong, Angela crossed the ocean with a student visa to attend college and then law school in Wisconsin. She chose Wisconsin in the pre-internet years based upon Princeton Review books, which listed the school as a top choice for microbiology. At the University of Wisconsin, she met her soul-mate, fellow countryman Kai Yam. Angela graduated with majors in medical microbiology and immunology, as well as in economics, before earning her J.D. and passing the Wisconsin bar in 2004. Angela’s parents and brother were able to join her in Wisconsin, but after 10 years in that state, the warmer weather of California called to her. She was admitted to practice in California in 2005. Choosing Sacramento based on its location and general population size, Angela accepted a job with Nossaman LLP after an interview with another Wisconsin grad, John Wagner. Coming to Sacramento just 10 years ago as a newer attorney, one of her first actions was to join the SCBA and come to the 2005 Annual Meeting. Ruthe Ashley was at her table, and Angela credits Ruthe with introducing her to a number of people, including Darrel Woo and Patricia Sturdevant. Angela became involved in Asian/ Pacific Bar Association of Sacramento (ABAS) and Women Lawyers of Sacramento (WLS), both affiliates of the SCBA, eventually joining the boards of each and becoming President of ABAS in 2012. Angela is particularly proud that, during her year as ABAS President, it was honored by

18

SACRAMENTO LAWYER | January/February 2015 2015| |www.sacbar.org www.sacbar.org


COVER STORY

“As soon as Angela came to Sacramento, I saw an enthusiastic, involved, and committed young lawyer who was prime for leadership. She has excelled in every voluntary leadership position she has taken. So proud that she is breaking another barrier by becoming the first Asian/Pacific American president of the Sacramento County Bar. Congratulations, Angela.” Ruthe Ashley

www.sacbar.org www.sacbar.org| |January/February January/February2015 2015| SACRAMENTO | SACRAMENTOLAWYER LAWYER

19


COVER STORY

Angela with her husband, Kai Yam, and her daughter, Valerie, at the 2014 Run for a Safe Haven

the National Asian Pacific American Bar Association as its “Affiliate of the Year.” Angela also has been involved with the Sacramento Metropolitan Lions Club, California Women Lawyers, Voluntary Legal Services Program, St. Thomas More Society of Sacramento, both the Anthony M. Kennedy and Milton Schwartz Inns of Court, My Sister’s House, and Operation Protect and Defend. Angela’s legal work has covered unemployment issues, legal assistance to inmates and victims of domestic violence, judicial internships, commercial transactions (in English and Chinese), criminal prosecution, and, within health care: licensing, fraud, billing and reimbursement, privacy, HIPPA, and Knox-Keene violation investigations and prosecutions. She appears in administrative hearings, civil courts, and appellate courts. In 2008, Angela left her position at Nossaman LLP for the California Department of Managed Health Care, and is currently a Staff Counsel there. Angela married Kai Yam in 2008, and the couple had their first child, Valerie, last year. Angela credits Kai’s support in allowing her to keep up her myriad activities, and both he and Valerie have attended a number of events, including My Sister’s House fun runs, “Run for a Safe Haven,” and the “Race for Justice” Valentine fun runs by Legal Services of Northern

20

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

California. Little Valerie has also attended a number of SCBA functions and may be in the running for a number of judicial clerk appointments, as soon as she learns to type. As the daughter of well-respected artists, Angela’s own art has been displayed in various venues, including the State Bar of California’s annual artist showcase. The “Official Website of Zhongshan China” calls Angela “a rising star of Lingnan School of Painting.” She studied Chinese calligraphy under Chik Kwok Wa, seal engraving under Lam Kan, and painting under her father, Lai Ming. She also went back for an A.A. in art at Sacramento City College in 2011. She currently works in watercolor, drawing, and some mixed media, and has been named one of the top 200 calligraphers in China. Her Pine and Crane is on the cover of this issue; a recent exhibition in Foster City of 20 pieces of her art was entitled “East Meets West: l’Etude de Nature.” Angela credits the welcoming nature of SCBA sections and affiliates for her inclusion into the Sacramento community, noting that this community has something special that other metropolitan communities do not offer. Getting involved has been rewarding for her; she suggests that each SCBA member try something new for 2015, be it joining a new section or committee or volunteering.


The

LAWYER’S

LENDER

Proud to join with SCBA in honoring Justice Vance Raye. Crowe Horwath LLP Forensic Services:

BRADLEY L’ENGLE, ESQ

Practiced real estate law for several years in the Sacramento area before becoming a loan originator in 2003.

EXPERIENCE IS THE DIFFERENCE Brad L’Engle, Esq. | Loan Originator NMLS #249309 | CA BRE #01389930 2365 Iron Point Rd. Ste. 230 Folsom, CA 95690 916.955.4306 | blengle@guildmortgage.net

www.bradlengle.com Guild Mortgage is an Equal Housing Lender; NMLS 3274. I am authorized to conduct business in the state of California and Arizona. CA BRE #01389930; Company CA BRE #00201485. AZ LO #0927569; AZ BK #0018883. All loans subject to underwriter approval; terms and conditions apply. Subject to change without notice.

■ Litigation and arbitration ■ Fraud investigations ■ Digital forensics/eDiscovery To learn more, visit crowehorwath.com/forensic or contact: Conrad M. Davis, 916.492.5150 conrad.davis@crowehorwath.com Tim L. Bryan, 916.492.5153 tim.bryan@crowehorwath.com

Audit | Tax | Advisory | Risk | Performance Crowe Horwath LLP is an independent member of Crowe Horwath International, a Swiss verein. Each member firm of Crowe Horwath International is a separate and independent legal entity. Crowe Horwath LLP and its affiliates are not responsible or liable for any acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath International or any other Crowe Horwath International member. Accountancy services in Kansas and North Carolina are rendered by Crowe Chizek LLP, which is not a member of Crowe Horwath International. © 2014 Crowe Horwath LLP FOR15019B

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

21


AFFILIATES NEWS

Natalie S. Bustamante is an

SacLEGAL Honors Influential

Members of the LGBT Community at Its Second Annual Founders’ Award Reception and the Unity Bar Dinner by Natalie S. Bustamante and Jo Michael

associate attorney at Kennaday, Leavitt & Daponde PC and Co-Chair of SacLEGAL. She can be reached at nbustamante@kldlawgroup.com. Jo Michael is a legislative associate with Equality California and Co-Chair of SacLEGAL. He can be reached at jo@eqca.org.

S

22

SacLEGAL co-founder Eileen SacLEGAL Co-Chair Jo Michael, Teri McKown, Gillis and Speaker Kathleen Magistrate Judge Allison Claire, and SacLEGAL E. Finnerty Co-Chair Natalie Bustamante

Isabella Hannon Photography

parked by the United States Supreme Court decisions in Hollingsworth v. Perry (2013) 133 S.Ct. 2652 and United States v. Windsor (2013) 133 S.Ct. 2675, 2014 saw unprecedented progress toward marriage equality across the country, with more than 30 states legalizing marriage for same-sex couples. In October, SacLEGAL recognized two women who have contributed significantly to both the Sacramento legal community and the continuing quest for LGBT equal rights. At the Second Annual Founders’ Award Reception, SacLEGAL honored United States Magistrate Judge Allison Claire, who served as Co-Chair with the founders of SacLEGAL, Eileen Gillis and Larry Levine. Judge Claire was introduced by friend and fellow past board member, Kathleen E. Finnerty of Finnerty Law Offices, Inc. Finnerty’s creative form of introduction was a heartfelt and witty poem about Judge Claire that the audience and honoree all enjoyed. As an appointee to the United States District Court for the Eastern District, Magistrate Judge Claire is the first member of the nation’s federal judiciary to be in a state-sanctioned samesex marriage. She and her wife married during the brief window in 2008 after the California Supreme Court validated marriages for same-sex couples and before Proposition 8 outlawed them. In accepting the Founders’ Award, Judge Claire gave truly inspiring remarks about her penchant for activism before going into law, and how this segued into a career as a federal public defender. She also shared her experience challenging the denial of federal benefits for

Judge Thadd Blizzard, SacLEGAL board member Steve Muni, Judge David Brown, and SacLEGAL board member Allison Cross

SacLEGAL Treasurer Pamela Jones, Uptown Studios Representative Tania Torres, and Unity Bar Master of Ceremonies Windie O. Scott

her wife and witnessing first-hand the profound effect the Windsor decision had on federal employees. This occasion was the first time Judge Claire had ever spoken publicly about these experiences, and the rapt attention of the diverse audience of attorneys, law students, and members of the judiciary was palpable. Judge Claire concluded her remarks with a call to action, encouraging everyone to do their part to ensure equality for all members of the LGBT community. The following week, at the annual dinner hosted by the Unity Bar Association of Sacramento, SacLEGAL honored Tina Reynolds, who was introduced by SacLEGAL Treasurer Pamela

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

Jones. Reynolds is the owner of local marketing firm Uptown Studios and co-founder of Equality Action NOW, a grassroots organization formed in 2008 in response to California’s same-sex marriage ban. Hailed as a tireless activist, Reynolds continues to fulfill her passion for social change by working with non-profit organizations to fulfill their goals. Uptown Studios representative Tania Torres accepted the Unity Bar award on behalf of Reynolds. The Unity Bar scholarship recipient for this year is Pacific McGeorge School of Law student Joshua Bohannan, who is President of the McGeorge Lambda Law Students Association, among other academic and co-curricular achievements.


FEATURE STORY

Trevor Carson is a partner with the firm Carson & Kyung, A Law Corporation. He may be contacted at tcarson@ carsonkyung.com.

In

Law Firms Accepting Credit Cards and EMV Chip Evolution, Part One

2013, global credit card fraud EMV chip cards (issuers) or terminals resulted in losses of more than (merchants’ acquirers).”14 As such, it 1 $11 billion. Card issuers bore the is anticipated that by the end of 2015, brunt of the losses at 63 percent, while 70 percent of U.S. credit cards will be merchants lost the other 37 percent.2 EMV-complaint.15 These fraudulent credit card losses What does the imminent shift in represent a 14.6 percent increase from liability mean for law firms? Technol2012.3 Credit card fraud is prevalent in ogy is changing, and it is time to upthe United States, and it is estimated grade. Failing to upgrade credit card that 10 cents of every $100 is fraudureaders could result in a liability shift lent.4 Traditional credit and debit cards on the law firm. For example, Law in the United States use a magstripe. Firm ABC charges Client XYZ’s credit Security flaws are obvious, with the card $1,000 for a court appearance to local media frequently broadcasting remove a bench warrant. Client XYZ warnings to be careful using cards at was actually using a fraudulent credgas stations and ATMs because they are it card. After October 1, 2015, if Law being “skimmed.”5 Firm ABC were not Skimming is the using an EMV-comLaw firms should process of copying pliant reader, Law a credit or debFirm ABC would start upgrading to it card.6 It is easy, be liable for the EMV-compliant and not very ex$1,000 fraudulent pensive, to obtain charge. card readers. a card-reading deSeveral comvice that is capable panies in the Unitof skimming.7 Accordingly, U.S. banks ed States are already working towards and merchants are finally beginning to EMV-compliant readers. Square, for exact with the implementation of EMV. 8 ample, has a specific web page dedicatEMV is short for Europay, Mastered to educating users on EMV. Square Card and Visa. EMV-compliant credit claims it will have compliant readers and debit cards are embedded with miready for distribution before October croprocessor chips that store cardhold1, 2015, and has already begun taking er data.9 Although they store sensitive preorders. There are several other credinformation, the microprocessors proit card readers available in the United vide better protections than traditional States. A few examples are Paypal Here, cards.10 The microprocessors increase Intuit Go Payment, Phone Swipe, Gocard security by using authentication PaGo, Pay Anywhere, with many more capabilities found inside the card itself, being added with each passing day. thereby reducing counterfeit cards.11 Law firms should start upgrading In the U.S., major credit card isto EMV-compliant card readers. suers MasterCard, Visa, Discover, and Part two of this article will discuss American Express set a deadline of the ethical concerns for law firms acOctober 1, 2015.12 After the deadline, cepting payments by credit cards and point-of-sale counterfeit liability will solutions to those concerns. shift.13 Visa’s policy will assign liability for “counterfeit fraud to the party 1 Global Card Fraud Losses Reach $11.27 Billion (Aug. that has not made the investment in 2013) Issue 1023, p. 6 The Nilson Report <http://www.

by Trevor Carson

nilsonreport.com/publication_newsletter_archive_issue.php?issue=1023> (as of November 13, 2014). 2 Id. 3 Id. 4 Boston, Seventy Percent of U.S. Credit Cards to be EMV Enabled by the End of 2015 (June 10, 2014) Aite Group <http://aitegroup.com/seventy-percentus-credit-cards-be-emv-enabled-end-2015> (as of November 13, 2014). 5 Doan, Thieves use Bluetooth-enabled skimming devices at gas pumps (Dec. 11, 2012) KCRA <http:// www.kcra.com/news/local-news/news-sacramento/ Thieves-use-Bluetooth-enabled-skimming-devices-at-gas-pumps/17726964> (as of November 13, 2014); Lindelof, ATM skimming device found at Auburn bank (July 16, 2012) The Sacramento Bee <http://blogs.sacbee.com/crime/archives/2012/07/ atm-skimming-device-found-at-auburn-bank. html> (as of November 13, 2014). 6 Investopedia Dict., “Skimming” <http://www.investopedia.com/terms/s/skimming.asp> (as of November 13, 2014). 7 Id. 8 Brustein, Why the U.S. Leaves Its Credit-Card System Vulnerable to Fraud (Dec. 23, 2013) Bloomberg Business Week <http://www.businessweek.com/ articles/2013-12-23/why-the-u-dot-s-dot-leavesits-credit-card-system-vulnerable-to-fraud> (as of November 13, 2014). 9 GCN Staff, BuySecure Initiative speeds chip-enabled payment cards (Oct. 20, 2014) GCN <http://gcn. com/articles/2014/10/20/emv-cards.aspx> (as of November 13, 2014). 10 Id. 11 Id. 12 Rosenblatt, Square takes preorders on more-secure credit card reader (Nov. 13, 2014) CNET <http:// www.cnet.com/au/news/square-takes-preorderson-more-secure-credit-card-reader/> (as of November 13, 2014). 13 EMV Deadline Approaches Leaving Retailers To Scramble In Latest Update From Merchant Warehouse (Nov. 1, 2014) <http://www.marketwatch.com/ story/emv-deadline-approaches-leaving-retailersto-scramble-in-latest-update-from-merchant-warehouse-2014-11-01> (as of November 13, 2014). 14 Visa Announces U.S. Participation in Global Point-ofSale Counterfeit Liability Shift (Aug. 9, 2011) <http:// usa.visa.com/download/merchants/bulletin-us-participation-liability-shift-080911.pdf> (as of November 18, 2014). 15 Boston, Seventy Percent of U.S. Credit Cards to be EMV Enabled by the End of 2015 (June 10, 2014) Aite Group <http://aitegroup.com/seventy-percentus-credit-cards-be-emv-enabled-end-2015> (as of November 13, 2014).

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

23


FEATURE STORY

Deborah Barnes

A Look Back upon the Civil Rights Movement, at the Eastern District Conference by Deborah Barnes

Hank Thomas, Jr. speaks at the conference.

2014

was a year of anniversaries. It was the 20th anniversary of the end of apartheid in South Africa; the 25th anniversary of the massacre at Tiananmen Square; the 50th anniversary of the Gulf of Tonkin Resolution, and of course, 2014 marked the 50th anniversary of the passage of the Civil Rights Act. The 1964 Civil Rights Act sought to outlaw discrimination based on race, color, religion, sex, or national origin. It reached the spheres of privately owned public accommodations such as theaters, motels, and restaurants, and laid the groundwork for the 1965 Voting Rights Act, the 1990 Americans with Disabilities Act, and other civil rights legislation. In October, 2014, the Eastern District Court held its 32nd annual conference, and the key theme was honoring the 1964 Civil Rights Act. Over 200 lawyers, judges, and guests gathered to hear several speakers address the past, present, and future of civil rights. While the conference also focused on practical skills such as legal writing and updates in criminal and bankruptcy law, the theme of civil rights permeated the conference. Of the many excellent presentations, three speakers stood out, as they were instrumental participants in the Civil Rights Movement. Dr. Clarence B. Jones, Dr. Martin Luther King Jr.’s personal advisor and speech writer; musician Jimmy Collier, who traveled with Dr. King; and, Mr. Hank Thomas, Jr., an original Freedom Rider. All three men exemplified the vision, dedication, and sacrifices made by those on the front lines of the fight for civil rights. Jones spoke at the plenary panel that opened Saturday’s conference. Jones was Dr. King’s personal counsel, advi-

24

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

is a Deputy Attorney General with over 20 years of public sector commitment, emphasizing environmental, land use, and energy law. Prior to joining the Attorney General’s Office, she was an Assistant Federal Defender in the Eastern District of California. She may be contacted at Deborah.Barnes@doj.ca.gov.

sor, draft speech writer, and close friend, and traveled with Dr. King. He assisted in the drafting of Dr. King’s “I have a dream” speech. Jones has been an investment banker, a noted author, and is currently a Scholar in Residence at the Martin Luther King, Jr. Institute at Stanford University. Jones has been involved in the fight for civil rights throughout his adult life. He spoke to the ongoing need for today’s legal practitioners to honor not only the letter of the 1964 Civil Rights Act, but its spirit as well. He artfully tied together the ideals of the Civil Rights Act and the need to incorporate them in all facets of our lives. He reminded us all that “we stand on the shoulders of those who came before us” and of our collective obligation to uphold the Constitution. Jimmy Collier, a noted musician and entertainer, playing in venues from Sesame Street to Carnegie Hall, told his unique story at the conference’s Saturday night dinner. The conference attendees had the unique opportunity to hear not only Collier’s music, but his story as well. Collier traveled with, or often ahead of, Dr. King, and was on the front lines of the civil rights movement. He used his unique brand of folk, soul, and blues to gather members of each community together, and would work to ready them to receive Dr. King’s message. As a result, Collier was often rounded up with other “instigators” and jailed. Nonetheless, Collier continues to bring the message of civil rights through his music. Collier too has continued his fight for civil rights throughout his life. At 8:00 a.m. on Sunday morning, Hank Thomas, Jr. opened the last day of the conference. Thomas told of his

Clarence B. Jones, Hank Thomas, Jr., Deborah Barnes, Alex Medina, and Jimmy Collier


time as a Freedom Rider and his life long involvement in the civil rights movement. He was raised in poverty in the segregated south and began his fight for civil rights at the age of 19, when he took the place of his Howard College roommate in the first Freedom Ride. The Freedom Riders rode interstate busses from Washington, D.C. in the spring of 1961 into the segregated south, challenging Jim Crow laws. The Freedom Riders, including Thomas, faced violence, jail, and prison. In a manner reminiscent of a great story teller, Thomas wove together a compelling image of not only his lifelong commitment to civil rights, but the continuing struggle. Yet, his message was hopeful, as he detailed the victories not only in his own life, but in American society. As a decorated Vietnam War medic, and as a self-made millionaire, Thomas spoke with passion about the struggles and opportunities in America. The audience was clearly moved. All three men exemplified the dedication, hard work, and personal risks that characterized those who participated in the civil rights movement. It was the efforts of people like Clarence Jones, Jimmy Collier, and Hank Thomas Jr. that brought about the passage of the Civil Rights Act. The conference provided a once in a lifetime opportunity to listen and learn about the history of the civil rights movement and what is left to be accomplished.

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

25


EVENTS

Rebecca Dietzen

Women Lawyers of Sacramento

is an attorney with the Department of Health Care Services and is the 2015 President of Women Lawyers of Sacramento. She can be reached at rad@rdietzen.com.

Annual Supreme Court Reception by Rebecca Dietzen

Associate Justice Marvin Baxter with 2014 WLS President Maralee Eriksen

Associate Justice Ming Chin, Third District Justice Rebecca Dietzen, Chief Justice Harry Hull, Chief Justice Tani Cantil-Sakauye, and Tani Cantil-Sakauye, Maralee Eriksen, California Supreme Court Administrator and Clerk and WLS board member Miranda Dalju Frank McGuire

On

November 3, 2014, the Sacramento bench and nor’s principal advisor on all gubernatorial appointments bar gathered in the foyer of the Stanley Mosk Limade to the executive and judicial branches of government. brary and Courts building to welcome the justices of the The Chief Justice was also a part of Governor Deukmejian’s California Supreme Court and to honor the retirement of team, and both the Chief Justice and Justice Baxter shared Associate Justice Marvin R. Baxter and retired Associate their fond memories of each other from that time. Justice Justice Joyce L. Kennard. The reception Baxter served as the Appointments Secfollowed the Court’s oral arguments and retary for six years and assisted in the The Chief Justice and appointment of more than 700 judgchamber conference. It was a wonderful evening emcee’d by Women Lawyers of es. These include Justice Vance Raye, Justice Chin provided Sacramento (WLS) President Maralee whom Justice Baxter helped appoint to Eriksen, and highlighted by remarks a touching tribute to the Sacramento Superior Court, and his from Chief Justice Tani Cantil-Sakauye, now colleague and friend, Justice Ming a great legal mind Associate Justice Ming W. Chin, and AsW. Chin, who was initially appointed to sociate Justice Marvin R. Baxter. In light the Alameda Superior Court and then to whose presence on the of Justice’s Baxter’s impending retirement, the First District Court of Appeal. Justices remarks centered on Justice Baxter’s sigbench will be missed. Chin and Baxter shared, rather comicalnificant contributions to our state’s legal ly, Justice Chin’s interview and appointcommunity. ment process for the Alameda Superior The Chief Justice spoke of Justice Baxter’s legal career, Court position. Justice Baxter also recalled the efforts of the including his many years in Fresno, first as a deputy district administration, in conjunction with WLS and California attorney and then as an associate and later a partner in a Women Lawyers, to encourage a more diverse pool of judiFresno law firm where he practiced civil law for 13 years. cial candidates, including the development of the “So You She lauded his volunteer activities both in the legal commuThink You Want to Be a Judge?” program, which is still regnity and through his alma maters, California State Universiularly offered by California Women Lawyers. He described ty, Fresno and Hastings College of the Law. his time in Sacramento as some of his best years. In January 1983, Baxter became Appointments SecreJustice Baxter went on to be appointed and confirmed tary to Governor George Deukmejian and was the goveras an Associate Justice of the Court of Appeal, Fifth Appel-

26

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org


#1

Ad O F A D 1/4Ppage RO Approval is needed to run your ad, please check appropriate box below.

late District (headquartered in Fresno), in December 1988. He was elevated to serve as an Associate Justice of the Supreme Court of California in January 1991 and, in 2002, was re-elected to a new term of office which began on January 7, 2003. Justice Baxter is a member of the Judicial Council of California and chairs its Policy Coordination and Liaison Committee. He commended the Chief Justice’s great leadership of thefax Judicial Council California and described her Please back to of(916) 564-3787 as “the best person for to the job.” or email back Mary Burroughs Justice Chin, after conceding defeat on his effort to conmburroughs@sacbar.org vince Justice Baxter to forego retirement, vowed to ensure Justice Baxter stays active in retirement. First up is a vacation with their wives to South America. The Chief Justice and Justice Chin provided a touching tribute to a great legal mind whose presence on the bench will be missed. WLS is pleased to have hosted this historical and significant event, which would not have been possible without the contributions of its sponsors, Boutin Jones, Inc., Jay-Allen Eisen Law Corporation, and King, Williams & Gleason, LLP. Associate Justice Carol A. Corrigan, Associate Justice Kathryn M. Werdegar, and Associate Justice Goodwin Liu also attended. Associate Justice Joyce L. Kennard (ret.) and nominee Professor Mariano-Florentino Cuéllar, due to calendar conflicts, were unable to attend.

Thank you!

miraflores WINERY Proof OK as is

Correction needed See a second proof OK with corrections

SIGN

DATE

Award-winning wines. Stunning surroundings. Gracious hospitality. Miraflores Winery 2120 Four Springs Trail Placerville, CA 95667

Open daily, 10 am – 5 pm (Except major holidays)

530.647.8505

www.mirafloreswinery.com Approval is needed to run your ad, please check appropriate box below. Proof OK as is Correction needed See a second proof OK with corrections SIGN ___________________________ DATE__________

Please fax back to (916) 564-3787 or email back to SA

Thank you

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

27


EVENTS

Bryan Hawkins is an associate at Stoel Rives LLP and a staff editor of Sacramento Lawyer magazine. He may be contacted at bryan. hawkins@stoel.com.

Jan Scully

Celebrates Her Retirement with the First Annual Benefit Event for the Sacramento Regional Family Justice Center by Bryan Hawkins

December 12, 2014, members of the Sacramento and California legal and political community gathered to celebrate and honor retiring Sacramento County District Attorney Jan Scully’s 36-year career with the District Attorney’s Office–the past 20 years as the elected District Attorney. It was a celebration that included video tributes from friends and colleagues and an alumna profile video hailing her time at Sacramento State University. Speakers included Chief Deputy Steve Grippi, former California Governor Pete Wilson, and, of course, Jan Scully herself. Jan Scully’s Distinguished Career. In an interview a few weeks be-

Former Governor Pete Wilson introducing Jan Scully

28

fore the event, Scully reflected on her career and said that the actual catalyst for her attending law school was a constitutional law class she took during her third year at California State University, Sacramento. What impressed her most about the class was that nothing was “black and white,” thereby allowing her to argue both sides of any position. She also confirmed that she never actually intended on becoming prosecutor. Rather, she expected to work at CalTrans (where she worked full-time while attending Lincoln Law School) or possibly the Attorney General’s Office. But she did interview with the District Attorney’s office and was hired as a deputy district attorney in

1979. Scully also recalled that, prior to becoming a prosecutor, she had always felt that those accused were the underdogs in the criminal system. After a few weeks, however, she came to a different conclusion–that the prosecutors were the underdogs as they were “the only one[s] in the courtroom to advocate on behalf of the community and victims.” As District Attorney, Scully has focused her career not just on prosecuting the guilty, but on educating the community. The reason for this is simple: she wanted to change the perception in the community that “we were just attorneys in a building who walked across the street and went to

Jan Scully and former Senate President pro Tem Darrell Steinberg

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

SCBA Executive Director Mary Burroughs presents to District Attorney Jan Scully the SCBA’s award extending its thanks for 35 years of distinguished service to our community.

Photo by Mark Long-Eleakis & Elder Photography

On


EVENTS

Judge Stacy Boulware Eurie, Mary Burroughs, SCBA Executive Director, and Judge Laurie Earl

Dave Gilliard, Judge Maryanne Gilliard, and Judge Kevin Culhane

court and presented our case.” In addition, she was concerned that the only interaction people had with the District Attorney’s Office was when “they were the victim of a crime, they were a witness to a crime, or we thought they might have committed a crime.” As part of her community outreach efforts, Scully also created the Multi-Cultural Community Counsel, which consists of respected community leaders from a variety of different communities. The purpose of this counsel is to educate the community regarding the criminal justice system and the District Attorney’s role in that system and, as she puts it, to provide a bridge for Scully and her attorneys “to go into the communities and develop those relationships, and to help educate them on areas they [are] interested in.”

Assemblyman Ken Cooley, Supervisor Jimmie Yee (ret.), Supervisor Don Nottoli, District Attorney Anne Marie Schubert, Senator Richard Pan, SCBA Executive Director Mary Burroughs, Supervisor Roberta MacGlashan, and Justice Arthur Scotland (ret.)

San Diego County District Attorney Bonnie Dumanis, Joe Debbs, Cindy Besemer, and Justice Arthur Scotland (ret.)

Scully has also made it a priority to serve the victims of crimes. She established an office policy requiring notice to victims before a felony case is resolved and established both a Domestic Violence Multidisciplinary Death Review Team and an Elder Death Interdisciplinary Review Team responsible for reviewing suspicious deaths of elder adults. The Sacramento Regional Family Justice Center. It is fitting that, in addition to honoring Scully, the December 12th event also served as the first inaugural fundraiser for a project that Scully championed, the Sacramento Regional Family Justice Center. While there are currently a number of independent agencies and organizations that provide services to domestic violence victims, this fragmentation often overwhelms victims. The Sacra-

Steve Grippi, Chief Deputy District Attorney

mento Family Justice Center will be a single central facility where victims and their families can access almost all services available in the county such as immediate crisis intervention, safety planning, social service eligibility, counseling, child advocacy, and emergency food and transportation. California currently has 15 family justice centers, but the Sacramento Regional Family Justice Center will be the first in the state to integrate Sacramento State University as a key partner. For the past 20 years, Jan Scully has been a consistent and stabilizing presence in Sacramento County. The December 12th event was a tribute to an exemplary career and an acknowledgement of the continued legacy of public service that Scully leaves behind to the citizens of Sacramento County.

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

29


VLSP

Vicki Jacobs is the

Quiet Dedication Benefits the Indigent by Vicki Jacobs

Vicki Jacobs, VLSP Managing Attorney, with Toso Himel, recipient of the VLSP 2014 June Black Pro Bono Service Award

F

or his commitment to the cause of pro bono work, VLSP is pleased to present Yoshinori H.T. (“Toso”) Himel with the VLSP 2014 June Black Pro Bono Service Award. The award is called the June Black Pro Bono Award in memory of June Black, VLSP’s founding Program Coordinator, who spent 17 years working to assure that Sacramento area low-income clients received free legal services from volunteer attorneys. Toso, as he is known to many in the community, has the most impressive two-page resume this writer has ever seen. It starts with an undergraduate degree from Harvard with a mathematics concentration, moves on to a Master’s degree from the University of Michigan in sociology (emphasizing sociological theory, survey research, and statistics), and then adds a J.D. from U.C. Davis School of Law, where he was Order of the Coif. Toso speaks five languages other than English. He even wrote his first computer pro-

30

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

Managing Attorney of the Voluntary Legal Services Program. She can contacted at vjacobs@vlsp.org.

gram in 1955. “An IBM employee took volunteers from my fifth-grade class and had each of us calculate a trajectory by writing a program in FORTRAN.” Toso’s career to date and his numerous community activities show his dedication to both his work and the welfare of this community. He has had a distinguished career with the federal government, starting with a three-year position as a trial attorney in the Civil Rights Division of the U.S. Department of Justice. He has been an Assistant United States Attorney for the Eastern District of Sacramento since 1979, litigating such issues as civil information and privacy, tax and water cases, among many other types of matters. He also teaches pretrial skills at U.C. Davis School of Law. In 1981-1982, Toso was the founding President of the Asian/Pacific Bar Association of Sacramento (ABAS) and the Founding Editor of the Nota Bene-Notes to Asian Lawyers monthly newsletter. He has been the President, since 1999, of the ABAS Law Foundation that funds law student scholarships, funds moot court teams, and does law and education community projects. Despite his accomplishments, Toso is a quiet, unassuming person who, when told he would be receiving a pro bono award from VLSP, was surprised. He need not have been. For the past 33 years, Toso has also been a dedicated supporter of VLSP, the SCBA-sponsored pro bono program. When VLSP was established in 1981, Toso became a member of VLSP’s Advisory Committee, a position he has held ever since. Along the way, Toso has provided informed, logical, and compassionate advice to the staff of VLSP regarding VLSP policies, priorities, and procedures. He has provided services to VLSP’s clients. He further supports VLSP’s fundraising efforts and has been a steady voice of reason during VLSP’s financial ups and downs. When asked why he became a lawyer, Toso says: “I became a lawyer to do justice. But justice requires advocacy. Too often, it’s the story where the attorney asks the client, ‘How much justice can you afford?’ For those whose answer has to be ‘none,’ I found a path to justice in VLSP.” Toso says that he was “privileged to know VLSP’s founders, Tom Eres and Jim Mize. I have been privileged to work with the VLSP’s first chair, Joe Russell, its first staff member, June Black, and then leaders like Russ Aus-


nce, 2012, 2013, 2014 , 2013, 2014

#1

Half Page Ad: Joe Genshlea Law and Mediation September/October 2013 issue

DIVORCE MEDIATION

tin, Diane Wasznicky, and Vicki Jacobs. In the early years, June’s warmth, hard work, and common sense held the organization together”. As Mark Eggleston, VLSP Advisory Committee’s Chair, states: “Toso has been there from the beginning; he’s the sage n California State Bar Trial Lawyer HallWhen of Fame,Toso 2001speaks, rest asof the VLSP Advisory Committee. n Fellow, American College of Trial Lawyers, since 1986 25-8446sured, the committee listens.” n Northern California Super Lawyers since inception VLSP co-founder, Judge Jim Mize, writes about Toso: n Best Lawyers in America since inception, recently: “There are few remarkable people in the world – Toso is one alaw.com u Lawyer of the year, Real Estate Litigation, FAMILY LAW CENTER He is dedicated, industrious, and thoroughly comation of them.Sacramento, 2014 mitted to making a better place, and he accomLawyer of the the Year, world Commercial Litigation, yer? plishesu Sacramento all this in2010 the most gentlemanly and gentle way of CompanyHe Litigation, 2013,by 2014 anyoneu Bet I’vetheknown. does 2012, not lead shouts or orders;Please fax back to (916) 564-3787 Commercial Litigation, 2012, 2013, 2014 u but by a soft, moral authority that impels us to be his foot or email back to Mary Burroughs u Litigation-Banking and Finance, 2012, 2013, 2014 mburroughs@sacbar.org soldiers. He is a credit to his profession, to his community, u Litigation-Real Estate, 2012, 2013, 2014 Pagebehavior. Ad: and to the world of1/8 civilized Clone him, and war Call for Free Brochure is over.” Buzz Wiesenfeld ad The 2014 June July/Aaugust Black Pro Bono 2014 Award issue was formally preMAGAZINE CAROL DELZER sented to Toso at the December 15, 2014 annual meeting of President, Family Law Center the Sacramento County Bar Association. Everyone connected Mediator - Collaborative Attorney Certified Family Law Specialist to VLSP is honored and grateful to Yoshinori H.T. Himel for www.FamilyLawCenter.US Certified by the State Bar of CA ed to run your ad, a lifetime of service helping to assure that the indigent have 1722 Professional Drive Licensed Marrriage Family Therapist opriate box below. Sacramento, CA 95825 License #32861 their voices heard in our courtrooms.

#1

COLLABORATIVE PRACTICE FAMILY LAW SPECIALIST “Divorce Done Differently”

#2

ROOF

Thank you!

S

AD PROOF 488-5088

s is

m C/ (916) 825-9952 needed

nd proof nto, CA 95814

rections

F/ (916) 525-8446

Approval is needed to run your ad, please check appropriate box below.

Buzz Wiesenfeld www.genshlealaw.com MEDIATOR

Correction needed

20+ Years Experience Proven Record of Success Online Calendar Quick & Easy Scheduling

DATE

OK with corrections

1/8 page Ad

AD

PROOF

Approval is needed to run your ad, Proof OK as isappropriate box below. please check Need a case or law review article?

SIGN ___________________________ DATE__________

Proven Expertise 163px -163px Ad

Please fax back to

Correction needed Want to seeOK if your Proof as is case is still “good law?” Email the Reference Desk at reference@saclaw.org or call See aCorrection second proof needed 916-874-6012 with a complete citation, and a librarian will email you the document within 24 hours. OK 5with See corrections a second proof Limit documents per day, per attorney.

with corrections 609 9th Street • Sacramento,OK CA 95814 | 916-874-6011 | www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian

SCBA eNews

Consultants and Accountants to Management and Counsel

Approval is needed to run your ad,

please check appropriate below. FREE SERVICE FOR box ATTORNEYS!

AD PROOF

See a secondCERTIFIED proof PUBLIC ACCOUNTANTS

buzzwiesenfeld.comMAGAZINE | (916) 442-1551

#1

#1

Proof OK as is

Sacramento County Public Law Library SCBA 2015

Forensic Accounting Fraud Investigations Economic Damages Business Valuation (916) 564-3787 or email Tax and Accounting

FREE SERVICE FOR ATTORNEYS! back to SALES@

Visit us at www.ueltzen.com

Thank you!

Contact - Ramona R. Farrell, AVA, CFE 3600 American River Dr., Suite 150 Sacramento, California 95864

(916) 563-7790

916-874-6011 | www.saclaw.org

SIGN ___________________________ DATE__________ www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER DATE Approval is needed to run your ad, Approval is needed to run your ad,

SIGN

31


EVENTS

Unity Bar of Sacramento Hosts Its Annual Dinner

Patricia Tsubokawa Reeves is a Unity Bar leader. She may be contacted at ptreeves@sbcglobal.net.

by Patricia Tsubokawa Reeves

T

he Unity Bar of Sacramento’s 27th Annual Dinner was Lawyers of Sacramento. The affiliates awarded nine scholarheld on October 9, 2014. The year 2014 marked the 50th ships to deserving law students. The Unity Bar contributed Anniversary of the signing of the Civil Rights Act of 1964, $1,000 to add to the affiliates’ scholarship(s). The scholarand the Wiley W. Manuel Bar Association took the lead for ship winners are Tiangay Kemokai, and Jamal Harenstein, this year’s program. The evening began with registration both from Pacific McGeorge (WMBA); Marc Perel, Pacific and lively conversations between old and new acquaintancMcGeorge, and Sophia Tornatore, U.C. Davis (LMFBA); es. The diverse attendees, including attorneys, judges, law Elaine Won, U.C. Davis (ABAS); Josh Bohannan, Pacific school educators, law students McGeorge (SacLEGAL); Roxanne and community members, were Strohmeier, U.C. Davis (WLS); then entertained by the African David Canela, U.C. Davis (La Queens Dance Company accomRaza); and Gagandeep B. Kaur, panied only by African drums. U.C. Davis (SABA). Mistress of ceremonies The Unity affiliates awarded Windie O. Scott presided over the following seven Communithe evening’s program. The keyty Service Awards: Daniel Hahn note address was delivered by Dr. (WMBA), Betty Reuben (LMFClarence B. Jones, who served BA), Locke Foundation (ABAS), as Martin Luther King, Jr.’s lawyer Tina Reynolds (SacLEGAL), and speechwriter, and who was Working Women Internationwith Dr. King when he wrote his al (WLS), Elisabet Medina (La famous “I have a dream” speech. Raza), and Jaya Badiga (SABA). Jones stated, “Winter time All winners received a plaque soldiers or lions and lionesses commemorating this special recenabled the passage of the 1964 ognition of their work in their Civil Rights Act and the 1965 communities. Voters Rights Acts. Today, the new Mistress of Ceremonies Windie O. Scott and This year’s Unity Dinner challenge to the blood, sweat, and keynote speaker Dr. Clarence B. Jones Committee affiliate representatears of the struggle of hundreds tives were Dianne Dobbs, lead of thousands of these winter time soldiers and lions and liaffiliate representative (WMBA), Michael Wang (ABAS), Mionesses is ‘voter suppression.’ The new assault on our civchael Terhorst, (La Raza), Hollis Kulwin (LMFBA), Hayley il and voting rights is conducted under the ruse and guise Dewey (SacLEGAL), Rebecca Dietzen (WLS), Gagan Kaur, of ‘preventing voter fraud’ and assuring ‘voter security.’” He Robin Basra, and Brad Coutinho (SABA), and Amilia Glikreminded the lawyers present of their oath to protect and man and Patty Reeves (Unity Bar). In a very collaborative enforce the Constitution. He called the Constitution a sacred manner, the committee met regularly throughout the year to document and asked those present if they were fulfilling plan the Unity Dinner. th their duties as they reflected on the 50 Anniversary of the The 2014 Unity Dinner was a wonderful success. The 1964 Civil Rights Act. attendees were enriched by the words and experiences of The Unity Bar of Sacramento is comprised of the SCBA’s a true civil rights foot soldier. The dinner provided particiseven minority affiliates: the Asian/Pacific American Bar Aspants with a time for professional fun and re-awakening, and sociation of Sacramento, the La Raza Lawyers Association an opportunity to learn about community service champiof Sacramento, the Leonard M. Friedman Bar Association, ons and up and coming legal talent. The Unity Dinner again the Sacramento Lawyers for the Equality of Gays and Lesbiproved that diversity is a wonderful and rich experience that ans, the Wiley W. Manuel Bar Association, and the Women enhances this legal community.

32

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org


BARRISTERS’ NEWS

Katie Nystrom is a labor & employment associate at Kronick Moskovitz Tiedemann & Girard and the Barristers’ Media Chair. She can be contacted at cnystrom@kmtg.com.

Barristers’ Club Update by Katie Nystrom

Jennifer Duggan and Ryan Wood Offer Deposition Tactics and Strategies In October, the Barristers’ Club hosted a seminar series on deposition tactics and strategies. Members were offered two different after-work seminars – one on deposing lay witnesses, the other on strategies for expert witness depositions. Jennifer Duggan and Ryan Wood both offered invaluable deposition tips for Barristers’ members. The Barristers’ Club would like to thank Ms. Duggan and Mr. Wood for their outstanding presentations.

Barristers’ Club Hosts 4th Annual Wig Party Appropriately held the day before Halloween to ensure that wigs of all variety were dusted and ready, Barristers’ members gathered at de Vere’s Irish Pub for the Fourth Annual Powdered Wig Party. Wigs of all shapes, sizes, and colors made an appearance in a light-hearted attempt to reflect back on how far the legal profession has come from the days

Barristers’ board members Kurt Hendrickson, Connor Olson, Jenni Harmon, and Steve Duvernay in their barrister wigs

of traditional barristers and solicitors. The gathering also afforded members with an opportunity to enjoy a libation (or two) after a hard day’s work and provided attendees with the chance to network with other members and catch up with friends. Don’t miss the Barristers’ next social!

Index of Advertisers 100% Club members. . . . . . . . . . . . . . . . . . . . . . . . 35 ADR Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ASA Norcal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Buzz Weisenfeld. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Carroll, Burdick & McDonough LLP. . . . . . . . . . . . . . 21 Brad L’Engle ESQ. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Crowe Horwath LLP . . . . . . . . . . . . . . . . . . . . . . . . . 21 Eleakis & Elder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Family Law - Carol Delzer. . . . . . . . . . . . . . . . . . . . . 31 Hon. Darrel Lewis. . . . . . . . . . . . . . . . . . . . . . . . . . . 27 House Kitchen and Bar. . . . . . . . . . . . . . . . . . . . . . . . 6 JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Joshua Dee Portraits. . . . . . . . . . . . . . . . . . . . . . . . . 13 Ken Malovos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Legal Services of Northern California. . . . . . Back Cover Miraflores Winery. . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Northern California Collections. . . . . . . . . . . . . . . . . . 3 Ramirez Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Sacramento County Public Law Library. . . . . . . . . . . 31 The Ridge Golf Course . . . . . . . . . . . . . . . . . . . . . . . 17 Thank You to Annual Meeting Sponsors. . . Inside Cover Ueltzen & Co.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Wilson Law Firm. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Women Lawyers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

33


SECTION NEWS

Maggie W. Stern is

Public Law Section Update

an associate attorney with Kronick, Moskovitz, Tiedemann & Girard and the Chairperson of the Public Law Section. She can be contacted at mstern@kmtg.com.

by Maggie W. Stern

Jodi Remke, Chair of the California Fair Political Practices Commission

Garret Murai, Erin Holbrook, and Clare Gibson demystify public works bid protests on September 9, 2014.

M

anaging public works bid protests can be tricky, especially when they threaten to hold up grant funded projects on strict deadlines, but the Public Law Section’s excellent panel untangled this issue on September 9, 2014, by taking the audience step-by-step though the management of even the most cumbersome protests. The panel included Clare M. Gibson of Jarvis, Fay, Doporto & Gibson, LLP, Erin Holbrook from the California Department of Transportation, and Garret Murai, of Kronick, Moskovitz, Tiedemann & Girard, and discussed methods of preparing bid announcements to reduce the likelihood of later protests, as well as tips for improving bid protest procedures. The panel also addressed techniques for bidder prequalification, and strategies for responding to bid protests including, how to evaluate material versus immaterial irregularities, and when and how an agency can continue with a project pending a bid protest. The Public Law Section also hosted a luncheon presentation by California Fair Political Practices Commission (FPPC) Chair Jodi Remke on October 29, 2014, at the Firehouse Restaurant. Remke provided an update on the Commission, campaign finance, and government ethics. The section is proud to have had the honor of hearing Remke’s first presentation as Chair of the FPPC, and looks forward to future updates on developments at the FPPC. At that same event, the Public Law Section, which was just re-chartered in 2013, held its annual meeting and

34

SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org

elected its new Board of Directors for 2015. The following fabulous volunteers make-up the 2015 Public Law Section Board of Directors: Krista Whitman, County of Sacramento (Vice-Chairperson); Jennifer Alves, City of Elk Grove (Secretary); DeeAnne Gillick, City of Rocklin (Treasurer); Harriet Steiner, Best, Best & Krieger (Past Chairperson); Sandra Talbott, City of Sacramento (At-Large); Kate Killeen, California Department of Water Resources (At-Large); Peter Cress, Sacramento County Sheriff’s Department (At-Large); Ali Stevens, Somach Simmons & Dunn (At-Large); and Andrea Moon, California Prison Industry Authority (At-Large). I am honored to be able to serve this section again as Chairperson in 2015, and look forward to all the great things we will accomplish.

Public Law Section Treasurer Alexis K. Stevens and Richard S. Deitchman


EVENTS

René Ackerman is the Mediation Program Administrator for the Third Appellate District’s civil mediation program. She can be contacted at Rene.Ackerman@jud.ca.gov.

The Anne K. Meline Award Goes to Judge Al Dover (ret.) by René Ackerman

or Court bench for 20 years, was recognized by the Court for his exemplary service as a court-paneled mediator, his role as mentor and coach during mediation training, and his ongoing support and contribution to the program. The Third Appellate District civil mediation program, created in 2006, has 50 attorneys and retired judges from the Sacramento area on its panel.

Judge Al Dover (ret.), with Justice Kathy Butz and Presiding Justice Vance Raye

J

udge Albert P. Dover (ret.) was honored with the Anne K. Meline Award at the Mediator Reception hosted by the Court of Appeal, Third Appellate District, on November 6th. Judge Dover, who served on the Nevada County Superi-

SACRAMENTO COUNTY BAR ASSOCIATION

100% Club Abbott & Kindermann LLP Archer Norris Bartholomew & Wasznicky, LLP Bartkiewicz Kronick & Shanahan Boutin Jones, Inc. Carroll Burdick & McDonough LLP CA Dept. of Veterans Affairs CAL HR CA Medical Association Chang Ruthenberg & Long PC Cook Brown, LLP Cuneo Black Ward & Missler Day Carter & Murphy LLP Desmond Nolan Livaich & Cunningham Diepenbrock Elkin, LLP Downey Brand, LLP Dreyer Babich Buccola Wood Campora, LLP Ellison Schneider & Harris LLP Fagen Friedman & Fulfrost LLP Farmer Smith & Lane LLP Felderstein Fitzgerald Willoughby & Pascuzzi, LLP

The Anne K. Meline Award recognizes key individuals whose service has made a significant impact to the Third Appellate District’s mediation program. The award is named in memory of Anne K. Meline, a longtime employee of the Court of Appeal, Third Appellate District. Distinguished by her leadership and vision, she was the first Program Coordinator for the Appellate Mediation Program; she also served as a member of the Appellate Mediation Executive Committee. This award, given out annually, recognizes the recipient’s name and year on an engraved wall plaque to be prominently displayed at the mediation center. Last year’s recipient was Charity Kenyon.

SCBA 100% Club Firms are firms with five or more attorneys with 100 percent membership in the SCBA. We thank these firms for their generous support through their membership dues. Learn more about the firm by clicking on the firm name, which will take you to the firm’s website. If your firm would like to be added to the list of SCBA 100% Club Firms, contact the SCBA staff today.

Greenberg Traurig Gurnee Mason & Forestiere, LLP Hackard Law Corporation Hanson Bridgett LLP Hansen Kohls Sommer & Jacob, LLP Hardy Erich Brown & Wilson Hefner Stark & Marois, LLP Hiroshima Lewis & Daggett Jacobsen & McElroy, PC Johnson Schachter & Lewis, A Prof. Law Corp. Klinedinst, PC Knox Lemmon & Anapolsky Kronick Moskovitz Tiedemann & Girard Langenkamp Curtis & Price, LLP Lauria Tokunaga Gates & Linn, LLP Legacy Law Group Littler Mendelson PC Locke Lord, LLP Longyear O’Dea & Lavra LLP Mastagni Holstedt, P.C. Matheny Sears Linkert & Jaime LLP

Meegan Hanschu Kassenbrock Murphy Austin Adams Schoenfeld LLP Nossaman LLP Olson Hagel & Fishburn LLP Palmer Kazanjian Wohl Hodson, LLP Porter Scott Radoslovich | Parker, PC Rediger McHugh & Owensby LLP Remy Moose Manley, LLP Renne Sloan Holtzman Sakai LLP Rothschild Wishek & Sands, LLP Schuering Zimmerman & Doyle LLP Smith McDowell & Powell Somach Simmons & Dunn Stoel Rives, LLP Thomas Law Group Timmons Owen & Owen Inc. Wagner Kirkman Blaine Klomparens & Youmans, LLP Weintraub Tobin Wilke Fleury Hoffelt Gould & Birney LLP­

www.sacbar.org | January/February 2015 | SACRAMENTO LAWYER

35


SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100 • Sacramento, CA 95825

SCBA Annual Meeting Honoring Distinguished Attorney of the Year Justice Arthur Scotland Installing SCBA Officers & Directors Recognizing 100% Firms

DATE Monday December 15, 2014 MCLE Prior to Annual Meeting FREE for SCBA Members $100 for Non-Members 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”

Speaker: Kenneth Bacon of Mastagni Holstedt

TIME 11:30 Check in 12:00 Lunch PLACE Sheraton Grand 1230 J Street

10:30-11:30am

Keynote Speaker: Chief Justice of California

Tani Cantil-Sakauye Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 SACRAMENTO LAWYER | January/February 2015 | www.sacbar.org 36 call

Sacramento Lawyer Magazine  

Sacramento County Bar Association Lawyer Magazine

Advertisement