Index to Articles Appearing in Volume 48, 2006
Orange County Lawyer Magazine

As a service to our readers, follows an Index to Features, Special Features, Columns, and select Departments appearing in calendar year 2006. The Index is arranged alphabetically by major article topic, then alphabetically within that topic.

Antitrust Law

• Monopoly Power of Patents and Antitrust Law Collide in Patent Tying: A Presumption of Market Power Should Arise from Forcing Consumers to Purchase an Unpatented Good as a Condition of Using a Patented Good, by Craig McLaughlin, March p.38

Appellate Practice

• Appellate Procedure for Trial Lawyers: How Not to Lose Your Appellate Case at Trial, by Marjorie G. Fuller, April p.46
• So I’ve Filed My Notice of Appeal: Now What Happens?, by Sylvia L. Paoli, April p.49
• Three Reasons for Thinking Twice Before Filing a Frivolous Appeal, by Margaret Grignon and Zareh Jaltorossian, April p.34

Bankruptcy

• What Happens to a Franchise Agreement in Bankruptcy, by Holly Shilliday and Bill O’Hare, September p.46

Civil Procedure and Related Issues

• C.C.P. Section 2019.210: A Sword, Not a Shield, by David R. Sugden, March p.50
• Do’s and Don’ts About a Nonparty’s Response to Federal and State Court Deposition Subpoenas Involving Civil Litigation, by John E. Bowerbank, June p.38
• Electronic Discovery, Inadvertent Production and the New Federal Rules, by Kathleen Peterson and Todd Nunn, August p.1

Class Action

• Class Action Waivers in Arbitration Agreements Under California Law, by Carole J. Buckner, March p.18
• Late to Class—What to do with Untimely “Opt-In” Forms in Collective Class Actions?, by Aashish Y. Desai, December p.6
• Striking the Answer in Class Actions is Easier Than You Think!, by Aashish Y. Desai, June p.6

Contracts

• When Does a Contract Breach Also Give Rise to a Tort Claim? A Primer for Practitioners, by Christopher W. Arledge, July p.42

Corporations and Business Entities

• Business and Commercial Litigation in Federal Courts, Second Edition (by Robert L. Haig, Editor-in-Chief), Reviewed by Martha K. Gooding, December p.14
• Competing Considerations and Dangerous Decisions in Document Retention, by Benjamin D. Stanley, September p.42
• Internal Investigations—The Increasing Need to Self-Scrutinize, by Mike Piazza, December p.24
• Legal Opinions: Customary Practice and Dean Foods—A Phrase and a Case, by Roy S. Geiger, December p.36

Courts, News and Recent Opinions

• The Collaborative Courts of Orange County, by The Hon. Wendy Lindley, July p.37
• Education and Outreach Programs Help the Community to Better Understand the Work of the Courts, by Carole Levitzky, July p.34
• A Modest Proposal to Make the Problem of Publication and Precedent Easier for Everybody (Well, Almost Everybody), by Jeffrey Calkins, April p.25
• Public Confidence in The Superior Court: We Gain it the Old-Fashioned Way—We Earn It!, by The Hon. Nancy Wieben Stock, July p.10
• Second District Construes Malpractice Tolling Provisions Against Lawyers, While Supreme Court Reinforces Litigation Privilege Potency, by William M. Hensley, June p.33
• Self-Help Services, by Dwayne Roberts, July p.18
• Split Decision: The Origins of Orange County’s Appellate Court, by Robert S. Wolfe, April p.18
• Where Have All The Selectrics Gone?, by The Hon. Kim Dunning, July p.14

Criminal Law and Procedure

• New High Court Pronouncements on Criminal Law, by Charles H. Whitebread, October p.10

Disability Law

• How Many Lawsuits Does It Take to Declare an ADA Plaintiff Vexatious? Apparently More Than Judge Rafeedie Thought, by Wayne C. Arnold and Lisa D. Herzog, July p.50

Dispute Resolution—Arbitration and Mediation

• Bringing it Home: Some Strategies for a Successful Mediation Negotiation, by Dean J. Zipser and Ashleigh E. Aitken, November p.36
• Discovery in Contractual Arbitration: “What Do You Mean I Can’t Serve Interrogatories?,” by Robert A Merring, June p.18
• How to Succeed in Mediation by Really Trying!, by Alexander S. Polsky, November p.9
• Mediation Privilege: A Sword or a Shield?, by Jason C. Gless and Aneta B. Dubow, November p.38
• “O.D.R.”—Online Dispute Resolution: Fact or Fiction, by Alexander S. Polsky, August p.18
• The Power of Persuasion: The Mediation Brief, by Edward Susolik, November p.18
• Timing and Preparation—Keys to Employment ADR, by Jeremy Roth, November p.12
• Tips to Avoid Selecting the Worst Mediator for Your Emotionally Charged Case, by Nathan Goldberg and Dolores Y. Leal, November p.14
• Winning Pre-Mediation Strategies, by Nicole Whyte, November p.24

Environmental Law

• Are You Making “All Appropriate Inquires?”—New U.S. EPA Final Rule Strengthens Environmental Due Diligence Standards, by Olivia Marr and Richard Montevideo, September p.34

Ethics and Professional Responsibility

• Ethically Speaking: Attorney-Client Confidentiality in the Post-Enron Prosecutorial World, by Keith Paul Bishop and Steven K. Hazen, August p.46
• Ethically Speaking: Avoiding Common Client Complaints—A Dialog with the OCBA’s Client Relations Committee, December p.44
• Ethically Speaking: Client Conflicts and Driver/Passenger Representation in a Personal Injury Case, by Scott B. Cooper, November p.42
• Ethically Speaking: A Delicate Balancing Act: Measures to Prevent Another “Enron,” by Wayne Gross and John Hueston, September p.51
• Ethically Speaking: The Ethics of “Temporary” Lawyering, by Carole J. Buckner, May p.56
• Ethically Speaking: Limited Scope Representation: Making Representation Affordable and Ethical, by Liz Pejeau, October p.38
• Ethically Speaking: No Good Deed, by Kevin Mohr, April p.10
• Ethically Speaking: Point/Counterpoint: Permanent Disbarment, by Wayne Gross and Michael D. Marcus, June p.55
• Ethically Speaking: The Self-Defense Exception to the Ethical Duty of Confidentiality, by Carole J. Buckner and Robert K. Sall, July p.59
• Formal Opinion of the Orange County Bar Association’s Professionalism and Ethics Committee, April p.37

Expert Witnesses

• Winning with Forensic Accountants, by Hugh M. Christensen, December p.32

Family Law and Family Law Corner

• Family Law Corner: CDL Suspensions Resulting From Delinquent Child Support, by Teresa Hicks, March p.60
• Family Law Corner: Wishes—A Legal Term, by Sheryl L. Edgar, January p.52

Humor and the Law

• A Criminal Waste of Space: The 27% Solution, by Justice William W. Bedsworth, September p.56
• A Criminal Waste of Space: “Democracy: Somebody Put a Tent Over This Circus,” by Justice William W. Bedsworth, May p.52
• A Criminal Waste of Space: “How I Won the Pulitzer,” by Justice William W. Bedsworth, February p.50
• A Criminal Waste of Space: Greeting from the Ragweed Patch, by Justice William W. Bedsworth, March p.56
• A Criminal Waste of Space: Judge Has a Moving Story, by Justice William W. Bedsworth, December p.50
• A Criminal Waste of Space: Never Mix Judges and Imaginary Mystic Dwarfs, by Justice William W. Bedsworth, July p.56
• A Criminal Waste of Space: Not Just Another Roadside Attraction, by Justice William W. Bedsworth, April p.56
• A Criminal Waste of Space: One for the Bunk-O Squad, by Justice William W. Bedsworth, October p.46
• A Criminal Waste of Space: Step Away from the Microwave, by Justice William W. Bedsworth, November p.50
• A Criminal Waste of Space: “Still Another Modest Proposal,” by Justice William W. Bedsworth, June p.52
• A Criminal Waste of Space: Warming Warning, by The Justice William W. Bedsworth, August p.50
• A Criminal Waste of Space: . . . With Offices in Newport Beach, Walnut Creek, and Lagos, by Justice William W. Bedsworth, January p.24
• Famous Last Words: 1905: Mob Law, Infamous Crimes and Warm Impulses of the Heart . . ., by The Hon. Dan McNerney, February p.10
• Famous Last Words: Hey, Whud’ya expect? I’m a Scorpion . . ?, by The Hon. Dan McNerney, March p.14
• Famous Last Words: Ready a (Court) Room at the Hotel California . . ., by The Hon. Dan McNerney, January p.10
• Famous Last Words: So long, Farewell, auf Weidersehen, Goodbye . . ., by The Hon. Dan McNerney, April p.6
• Millar’s JurisDiction: Cheerlead from the Bench: Get Sanctioned, by Richard W. Millar, Jr., November p.48
• Millar’s JurisDiction: Court Appointments and Fee Caps: A Tale of Two Prisoners, by Richard W. Millar, Jr., April p.54
• Millar’s JurisDiction: Don’t Pay Your Parking Tickets: Get Suspended, by Richard W. Millar, Jr., May p.50
• Millar’s JurisDiction: The Latest in Legal Advertising: Stopping Lawyers from Going to the Dogs, by Richard W. Millar, Jr., March p.6
• Millar JurisDiction: Of Dogs and Due Process, by Richard W. Millar, Jr., July p.6
• Millar’s JurisDiction: Pennies from Heaven—A Sequel, by Richard W. Millar, Jr., January p.6
• Millar’s JurisDiction: Post the Bad Result on Your Website: The Latest in Imaginative Sanctions, by Richard W. Millar, Jr., September p.6
• Millar’s Jurisdiction: Preserving Judicial Re-Election, by Richard W. Millar, Jr., February p.6
• Millar’s JurisDiction: Self-Help: Bringing Order to the Courtroom, by Richard W. Millar, Jr., December p.48
• Millar’s JurisDiction: A Vengeful Ex-Wife Brings New Meaning to the Phrase “Close But No Cigar,” by Richard W. Millar, Jr., August p.6

Intellectual Property

• Preparing and Trying Intellectual Property Cases to Win—And Win Big, by David R. Sugden and Scott J. Ferrell, September p.14
• Protect the Tree, Not Just the Orange: Strategic Use of Printing Publications for Intellectual Property Protection, by Sandra P. Thompson, September p.22

Jurisprudence, General Interest, Etc.

• Being Admitted to the Supreme Court, by Donald Testa, March p.28
• Evolution of American Law, from its Roman Origin to the Present, by Amir Aaron Kakan, February p.31
• The Literary Case for Legal Ambiguity, by Ona Russell, August p.22
• Novel Justice, by Ona Russell, May p.6

Labor and Employment

• Christmas Trees and Religious Accommodation, by Laura Fleming, December p.10
• Employee Privacy in the High-Tech World, by Micahel Baroni, May p.18
• Employers: Beware of How You Pay Employees, by Brad A. Hakala, February p.22
• Remedial Human Resources for Small Businesses, by Laura Fleming, February p.18

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

• Cover Story: Celebrating Volunteers for Justice and 25 Years of Service to the Community—The Public Law Center’s Annual Volunteers for Justice Dinner, by Kenneth W. Babcock, September p.8
• Cover Story: Franklin G. West Award Recipient—Justice Kathleen E. O’Leary, by Robert Gerard, February p.14
• Cover Story: Harmon G. Scoville Award Recipient—Alan J. Crivaro, by Kim Hubbard, May p.12
• Cover Story: Justice William W. Bedsworth: The Bard of Orange County, by Andy Guilford, March p.12
• Cover Story: Making a Difference With Youth, by Leslie Stevens-Huffman, November p.6
• Cover Story: Orange County Bar Association Young Lawyers Division, by Samantha K. Feld, July p.25
• Cover Story: Who’s Who In The OCBA, Part I, April p.14
• Cover Story: Who’s Who In The OCBA Part II—The Affiliate Bars, June p.10
• How Do We Do Pro Bono? Let Us Count the Ways, by Kenneth W. Babcock, May p.34
• Letter From the Editor, by Glenn S. Koppel, March p.8
• Meeting the Need of Low Income Clients for Civil Legal Services, by Robert J. Cohen, May p.38
• The OCBA Annual Food Drive, by Charles A. Kittrell and Cherrie I. Tsai, February p.26
• The OCBA Proposed Bylaw Amendments, October p.55
• The OCBA’s Secretarial Candidates for 2007, Lei Lei Wang Ekvall and Serge Tomassian, October p.6
• Orangewood Outreach, by Scott B. Cooper, March p.10
• President’s Page and Cover Story: “Balancing Act,” by Julie M. McCoy, April p.5
• President’s Page and Cover Story: The First Thing Let’s Do . . . , by Julie M. McCoy, January p.4
• President’s Page and Cover Story: “Just Do It,” by Julie M. McCoy, March p.5
• Presidents Page and Cover Story: Flying Lessons Part 2, by Julie M. McCoy, July p.5
• President’s Page and Cover Story: “The Pleasure Was All Mine,” by Julie M. McCoy, December p.5
• President’s Page: Could That Sound Above Possibly Be Glass?, Julie M. McCoy, September p.5
• President’s Page: “The First Thing Let’s Do (Part 2),” by Julie M. McCoy, February p.4
• President’s Page: “Flying Lessons,” by Julie M. McCoy, June p.5
• President’s Page: The Good That Lawyers Do, by Julie M. McCoy, October p.5
• President’s Page: Live and Learn, by Julie M. McCoy, August p.5
• President’s Page: The Secret to Success: Not What You Might Think, by Julie M. McCoy, November p.5
• President’s Page: Separate Branches—Equal Powers, by Julie M. McCoy, May p.5
• Saturday Play Date: Orangewood, by R. Hillary Willett, October p.28
• South Pacific MCLE: OCBA 2006 Travel Seminar to Moorea, by Joseph L. Chairez, June p.26

Orange County Legal Community, Profiles of Members

• A.W. Rutan—An Icon of Orange County’s Legal Community, by Dan Pittman, August p.10
• Robert Von Esch, Jr.: Still in the Trenches, by Richard W. Millar, Jr., October p.34
• Practice of Law, Including Office Technology, and Office Management
• Billing at Breakfast, by Michael E. Raabe, January p.61
• Email Defense: Stop Spam and Viruses, by Jeff Lenning, June p.14
• Law Clerks: Independent Contractor or Employee?, by Cheyanna L. Jaffke, June p.46
• Protect Your Domain Name, by Jeff Lenning, September p. 18
• Secure Email, by Jeff Lenning, March p.34
• Structured Case Analysis: How and Why, by Greg Krehel, January p.14
• Tech Law: There’s No Reason Sensitive Data Should Be Exposed Through Theft, Potentially Waiving Privilege and Privacy Rights, and What to Do About it If it Happens, by J. Craig Williams, December p.42
• Tech Law: This Tech Column and Your Computer Can Bring You Into the 20th Century, by J. Craig Williams, October p.36
• The Usefulness of Text-to-Speech for Legal Practice, by Lorin Geitner, February p.48
• Wireless Networks, by Jeff Lenning, April p.60

Real Estate

• Recent Developments in Homeowner Association Law—A Shift in the Balance of Power, by Barry A. Ross, May p.44
• Revenge of the Innocent Purchaser: California’s Land Reuse and Revitalization Act of 2004, by Diane R. Smith, May p.24

Women in the Law

• Jean Wilkinson: Orange County Top Street Lawyer, by The Hon. Wendy Lindley, August p.45
• Judge Josephine Tucker: A True Role Model for Today’s Women in the Law, by Judith A. Williams, August p.36
• Judge Marjorie Laird Carter: Her Journey to the Bench, by Irma Rivas, August p.39
• Julie McCoy: Paving Her Own Path to Success, by Michelle C. Brauer, August p.42
• Unfinished Business: Obstacles to Advancement for Women Lawyers, by Pearl Gondrella Mann, August p.32

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