1 B U L L E T I N of the San Bernardino County Bar Association Vol. 37, No. 8 Our 134th Year June 2009 From the President s Desk by Michael A. Scafiddi Several weeks ago, I had an opportunity to speak on behalf of the San Bernardino County Bar Association to a group of young lawyers who were participating in a meeting of the new Worker s Compensation section. After speaking, two new lawyers came up and asked me what benefits they would receive if they joined the San Bernardino County Bar Association. I immediately told them about the continuing education programs that are presented at no costs or nominal costs. I advised them about the use of the Bar building facilities and an opportunity to network with other lawyers. As we continued the conversation, I realized that one of the most important benefits that the San Bernardino County Bar Association offers to either new lawyers or lawyers who have recently moved their practice to the Inland Empire, was providing them a wonderful historical perspective of our courts, and of our legal community. I told them that when I came to San Bernardino in 1992 as a law student, having started at California Southern Law School in Riverside, I started working as a Private Investigator with several prominent local attorneys. Working for Bill Shapiro, Tim Peach, Doug Welebir and Bill Weathers, I was afforded the opportunity to work with a group of outstanding lawyers who had been practicing law for a long time in our local community. These lawyers provided me with a wonderful historical perspective as they spoke about great lawyers who had worked in the area and had contributed to society in the days prior. Eventually I started to do private investigations for Florentino Garza. Many of you know Florentino as Tino. Often, to this day, I will seek out Tino s advice on the handling of a personal injury matter. I realized that for many new lawyers in our area, they might not have the opportunity to simply call a distinguished lawyer like Tino Garza or Bill Shapiro, and as such, membership in the San Bernardino County Bar Association allows them to interact with such noble and gifted lawyers. I mentioned this to these two new lawyers and told them about some of the accomplishments of these wonderfully gifted lawyers. I focused on Tino Garza, a person whom I consider a friend and an iconic figure in our local legal community. I told them that in 2002, the San Bernardino County Bar Association instituted the Florentino Garza Fortitude Award. I explained that Tino was born in the barrio of San Antonio, Texas, the son of migrant farm workers from Mexico; that Tino s father died of tuberculosis when Tino was at the young age of five years old; and that Tino s mom s heath deteriorated and he was sent to live with an aunt and uncle, who were also migrant workers, and with whom he lived for two and a half years. This was a tough time during the Depression and Tino worked in the Rio Grande Valley from May to September each year. The hard times continued for him when at almost nine years old, his mother contracted tuberculosis and he was sent to an orphanage. His mother died later that year and Tino himself contracted childhood symptoms of tuberculosis and was sent to live in a sanatorium. As time went on, World War II came and Tino joined the army and was one of a small group of applicants who was selected to attend school at Texas A&M University. Tino worked hard and went on to receive his BA and MA in History and Government at the University of New Mexico. He later went to UCLA Law School where he graduated with his JD. Tino has been practicing law in this area for many years. He has (Continued on page 2) SAN BERNARDINO COUNTY BAR ASSOCIATION EVENTS THURSDAY, JUNE 18, 2009 Annual Meeting of the SBCBA Election of Officers and Directors and State of the Courts Judge James C. McGuire Presiding Judge of the Superior Court, County of San Bernardino 12:00 noon to 1:30 p.m. San Bernardino Hilton Hotel RSVP to (909) Hour MCLE MARK YOUR CALENDAR! for the Annual Installation of Officers Dinner and Dance Friday, October 9, 2009 at the San Bernardino Hilton Hotel 285 E. Hospitality Lane in San Bernardino Call 909/ for reservations or additional program info, and see our calendar for more Inland Empire Events: Congratulations to our 2009 Kaufman-Campbell Award Recipient Superior Court Judge Margaret A. Powers See pages 6 & 7 for photos
2 2 San Bernardino County Bar Association June President s Desk (from page 1) handled many significant cases including representing the State of Texas in the domicile claim against the Howard Hughes estate. He also represented former San Bernardino councilman Ralph Hernandez, pro bono, in the case of Fair v. Hernandez, an election law case that went to the California Court of Appeal, twice, and is considered the leading California case in absentee ballot standards. Tino has had a significant career and has contributed much over the past many years to our local legal community. The Florentino Garza Fortitude Award acknowledges excellence in law in overcoming adverse situations. There have been two recipients of the Florentino Garza Award, the first in 2003, Assistant District Attorney of San Bernardino County James B. Hackleman. Jim, as he is known to his friends and colleagues, was extremely humbled to receive the first Florentino Garza Award. The second award recipient was Riverside attorney Brian Unitt, who has made significant contributions in and out of the courtroom while being legally blind. I provided you this historical perspective on the Florentino Garza Award because I am pleased to announce that at the October 2009 San Bernardino County Bar Installation Dinner, the Board of Directors of our Bar Association will present the third Florentino Garza Award to Riverside attorney E. Aurora Hughes. Aurora, a thirty year veteran lawyer, is the current President of the Riverside County Bar Association. Throughout her career, Aurora chiefly engaged in insurance defense. She is a past President of the Inland Empire Chapter of the Federal Bar Association. Even as a law student, Aurora was involved in Bar Association activities as she served as governor of the Ninth Circuit region of the American Bar Association law student division. Aurora has been involved in the Riverside County Bar Association activities for the past eight years. First as a Director-at-Large, later holding executive officer positions with the organization. Aurora recalls an incident in February of 2007, while engaged in trial in Orange County, when she noticed her first symptoms. She remembers that boxes seemed to be getting heavier and heavier and that she experienced shortness of breath, general fatigue and difficulty rising from a seated position. Aurora went to several doctors and it took approximately one year for them to diagnose her with ALS (Lou Gehrig s Disease). In spite of her diagnosis, Aurora continued her bar activities for Riverside County. Over the past year, the illness has progressed and Aurora went from using a walker to a wheelchair now to a motorized wheelchair. Even though Aurora has been inflicted with this debilitating condition, she continues to perform her duties as Riverside County Bar President. Quite often I am called upon as the President of the San Bernardino County Bar Association to participate in local legal events. Needless to say, it is a busy schedule and I am proud to report that on every date that I have had a commitment to present information for our Bar Association, Aurora has also attended, as my counterpart for the Riverside County Bar Association. Aurora continues to fulfill her duties and obligations to her local Bar in spite of her illness. Over the course of the last year, I have become very close to Aurora and her wonderful husband Joe, a retired Los Angeles Police Officer. No matter how she is feeling, Aurora will always greet you with a smile and a good word. Aurora Hughes exhibits that same courage and fortitude exhibited by past recipients of the Florentino Garza Award. I look forward to our October Installation Dinner to watch this remarkable, gifted woman receive this prestigious and honorable award. I also want to take this opportunity to congratulate Marcie Gardner, a partner in the firm of Connally & Gardner LLP, from Rancho Cucamonga. Marcie was recently elected President of the newly formed Inland Empire Legal Association of Women (IELAW). I had an opportunity to work with Marcie in the past and she is an extremely intelligent, professional, and aggressive litigator representing the interests of her clients. Any organization under Marcie s leadership will undoubtedly succeed. I would urge each of you who are interested in membership in the Inland Empire Legal Association of Woman to contact Marcie at her address: It is important for the Bar Association, as we move forward in the 21 st century, to also honor and recall our history. Bill Shapiro has been instrumental in that regard. While Bill was President, the Bar Association authorized an expenditure for a historical perspective CD which includes interviews with past Bar Presidents and local legal leaders. The historical CD is nearly complete and we hope to have it available to our membership in the near future. As I think about our past and some of the wonderful people who have made an impact on our association, I have to think about two men who have provided great assistance to our Board of Directors and our Bar Association. I was thinking the other day about former Executive Director Barney Jameson. Barney served over twenty years as Executive Director of the San Bernardino County Bar Association and the Legal Aid Society of San Bernardino. Simply put, Barney was one of WELDON L. BROWN COMPANY INC. the nicest human beings you could ever meet. Over the years, Barney provided wisdom and guidance to both the Bar Association and the Legal Aid Society of San Bernardino. Barney retired in August of 1996 as the Director of the San Bernardino County Bar Association. However, he continued to assist us by providing a strong example of leadership and was always available for a phone call. Barney passed away on March 11, 2004, but continues to have an impact on our local legal community. The Legal Aid Society of San Bernardino was recently informed that Barney bequeathed a gift through his trust to Legal Aid. It is a significant endowment in excess of $200, and will provide great assistance to the organization in these tough fiscal times. Needless to say, Barney, even after his passing continues to care about those in the legal community. Barney is not the only legal figure who, through a testamentary bequest, has provided assistance for our local associations. Larry Hutton, a local lawyer who was affectionately known as Mr. Colton, passed away in Larry, also through a testamentary bequest, left the San Bernardino County Bar Association $100, with a request to use a portion of it to help further the purposes of the Lawyer Referral Service, of which he was a panel member for over 30 years. These two kind and generous acts will benefit these two not-for-profit associations for years to come. I urge each of you, as you reflect on this article and the kind acts of these two gentlemen, to find it in your heart to continue to help with our 2008/2009 We Care Program. A monetary donation to help either one of these not for profit organizations or any other charitable organization would be greatly appreciated. Also, as Mr. Hutton and Mr. Jameson both believed, a testamentary bequest would greatly assist these wonderful organizations. I urge you to consider making a donation to either organization through a testamentary bequest, and suggest you consult your estate planner in this regard. Once again I want to thank you for the opportunity to serve as the President of the San Bernardino County Bar Association and, as always, work well and care. Weldon L. Brown State Court Receiver Trustee Referee Member of California Receivers Forum 5029 LaMart Drive / Riverside, CA (951) (909) Fax (951)
3 June 2009 The oldest continuously active bar association in California 3
4 4 San Bernardino County Bar Association June 2009 SBCBA Attorney Profiles Featuring the first profile in a series on our Past Presidents. ALLEN B. GRESHAM SBCBA PRESIDENT By Ed Butler, Esq. Allen B. Gresham is a down to earth gentleman who simply and naturally is a dean of San Bernardino jurisprudence and community leadership. Retired senior partner of Gresham, Savage, Nolan & Tilden, Gresham looks back with fondness upon a 45-year practice career in the community. With an appreciative attitude, he attributes his success to a series of good decisions in response to valuable opportunities. President of the San Bernardino County Bar Association in , he received its John B. Surr Award in 1999 for outstanding service to the profession. Gresham came to San Bernardino in 1959 for his first law practice job, as associate of partners John Lonergan and Don Jordan. Having attended Occidental College in Los Angeles as an undergraduate, Gresham wanted to settle near but not in Los Angeles. San Bernardino fit the bill, and there s been no looking back. Having embraced a wide variety of civil litigation areas, a chief one of which is business, Gresham has led a life that exemplifies leadership success and investment in his community. In the bar, for example, he also has served as president of the local chapter of the American Board of Trial Advocates, having achieved its diplomat rank. In community involvement, he served continuously for 37 years as a trustee of the San Bernardino Community College District, including three terms as chairman. From 1992, that overlapped with his trusteeship of Occidental College. Among his many community activities, it is revelatory to look merely at organizations of which he has been president: San Bernardino Metropolitan YMCA, Kiwanis Club of San Bernardino (also lieutenant governor), Arrowhead United Way (also campaign chairman), San Bernardino Symphony Association and Inland Action, Inc. At age 78 remaining active and savoring such activities, he is a relatively new member of the board of the St. Bernardine Medical Center Foundation. Gresham was asked why an attorney should consider involving himself in the community. He replies, Attorneys as a class are fairly bright people and they re well educated, and either one of those qualities imposes an obligation to the community in which they live. And I have tried to do that in all of my career... try to make San Bernardino a better place to live. Gresham s underpinnings include a father who was a longtime educator, and a mom who worked at a bank when World War II raised the possibility of military draft for his father. Gresham was born in Moorcroft, Wyoming, on Mother s Day 1931, when his father was working as a teacher. He was a pre-schooler when the family relocated to Los Angeles, in pursuit of a more comfortable climate. The remainder of his growing years from age 10 was spent in El Centro, where his dad spent 17 years as Imperial County superintendent of schools. Gresham says athletics were his chief youth extra curricular interest, and he competed interscholastically in basketball, football and track all four years at Central Union High School. He also was involved in student government, and continued that as a political science major at Occidental College, where he served as student body president as a senior and played basketball all four years. Gresham says he focused early on the law as a career option. One thing that planted a seed was his father s unrealized ambition to become an attorney. Also, young Allen competed on his high school speech team. I was very competitive, which is a key factor in being a trial attorney, he says. After Occidental he advanced immediately to the School of Law at Stanford University, where he graduated in There was a sense of obligation about military service, which precluded his entry into law practice right away. He submitted to the military draft, and spent two years in the U.S. Army. I felt two years was not too much to ask of any young man who enjoys the benefits of growing up in America, Gresham says. He spent most of his active duty time as top secret and registered documents clerk for North American Defense Command at Colorado Springs, Colo. At that time it was located in a concrete block building, before the underground complex was set up. His duties included intake, maintenance and destruction of top secret documents. Once he mustered out in 1958, it was time to take the bar exam SBCBA Mentoring Program The San Bernardino County Bar Association s Mentoring Program was designed to allow new lawyers an opportunity to learn and utilize valuable practice tips related to the practice of a specific area of law from seasoned, experienced local lawyers. The following lawyers have agreed to be on the mentoring program: Bradley White (Employment Law) Tom Dominick (Probate) Eric R. Hunt (SSD Law) Emile Mullick (Federal Civil Rights) David Call (Criminal Defense) John Belton (Bankruptcy) William D. Shapiro (Personal Injury) C L Farrell (Probate, E/P & Trusts) Nicole Anderson (Dep. Law 00 WIC) Greg Zumbrunn (Family Law, E/P) Michael A. Scafiddi (DUI/DMV Hrgs) Robert Friedman (Juvenile Law) Janet Stouder-Brandon (Family Law) Kenneth H. Glube (Immigration Law) Help is now a phone call away. To request a mentor, please contact our Bar Association Staff at (909) To learn more about this new program, or add your name to the list, please contact Claire Furness at (909)
5 June after an effective review course. He and wife Clara, whom he married early in law school, resided in Los Angeles where she taught biology at Hamilton High School. She later was to teach science at Pacific High School in San Bernardino, until the first of their two sons was born. Fielding a half dozen opportunities through the Stanford placement service, Gresham settled upon Lonergan and Jordan in San Bernardino. That placement proved to be an early growth opportunity, in that the partners were happy to let him do the courtroom work and they groomed him for taking over the practice. The firm then had many corporate clients, a chief one of which was Kaiser Steel. It took Gresham only two years to become partner. I felt like I made a lot of good decisions, Gresham says. I ve been so fortunate... we had clients that were willing to pay for me to do it. Gresham fondly recalls some assigned indigent criminal defense that he did as a budding lawyer. That was back before there was a county public defender s office, and the most fertile field to plow was the brand new lawyers. He adds, I kind of liked it because it got me into the courtroom sooner than I might (have gotten there) otherwise. He expresses special appreciation for ace criminal defender Ted Krumm, who helped him prepare with consultations lasting as long as an hour. Over many years of successful civil practice, the Gresham Savage firm has grown to the neighborhood of 50 attorneys. Gresham expresses delight at having hired the senior people active in the firm now. One of his hires was the firm s first female attorney, in the early 1970s. He s glad to witness growth in diversity in the profession, noting that for candidates selected, what you do with it depends on you. Gresham says litigation or trial work has been his chief source of satisfaction as an attorney. I like the courtroom experience, trying to present my client s position in the most advantageous way possible, and convince the jury that I was telling the truth. While alternative dispute resolution has been formalized to process cases more efficiently, we ve had that (ADR) since the beginning of time, Gresham says. He adds that there s some truth to the saying, a bad settlement is better than a good lawsuit, and you need to be open to settlement discussions at any time. While litigation has become more complicated, he indicates that parties have become more realistic about settlement. He recalls that early in his career discovery consisted of both parties being deposed. Now they judge the importance of the case by how many packing boxes you have of documents, he says. Gresham says continuation of his community activities is a key source of satisfaction in retirement. He and Clara also travel internationally at least once a year. Their older son, Bruce Hayes Gresham, works as a real estate appraiser. He s named in part after Benjamin Hayes Culley, beloved dean of men at Occidental College, of which both of Gresham s sons are graduates. The younger son, Allen B. Gresham II, practices law in downtown Los Angeles. Allen and Clara have five grandchildren. Among his many achievements as a life member of the county bar, Gresham was appointed by the governor to serve eight years on the Mt. San Jacinto Winter Park Authority. He also is former president of the Stanford Club of San Bernardino County, and former member of the California Citizens Commission on Higher Education. He also has been widely active in the Masonic Fraternity, serving in the past as grand master of the Grand Lodge of California and president of the board of Masonic Homes of California, and board of governors member of Shriners Hospital for Children in Los Angeles. Among the many honors he has received, he was named Young Man of the Year by the Jaycees in 1962, and in 1975 as Citizen of the Year by the San Bernardino Board of Realtors. In 1991 the local chapter of the League of Women Voters named him Citizen of Achievement. Ed Butler is branch manager of the Law Library for San Bernardino County I N T R O D U C I N G T h e $5 0 C o n s u l t a t i o n For those times when you have questions about medical records (Medical Malpractice, Personal Injury, Criminal, Elder Abuse) but don t need an in-depth consultation, just pick up the phone and call Legal Nurse Betty! The $50 Consult entitles the caller to a minute telephone conversation with Legal Nurse Betty. ð The $50 Consultation is being offered in response to requests from attorneys for cost-effective access to Certified Legal Nurse Consulting Services. ð To participate in the $50 Consultation the caller must be an attorney licensed to practice in California, or working for a licensed California attorney. ð There is no further obligation. questions also accepted LegalNurseBetty.com Fax Legal Nurse Betty, Inc. is a Certified Legal Nurse Consulting Firm owned and operated by Betty A. Lyons, RN, WCC, CLNC
6 6 San Bernardino County Bar Association June 2009
7 June 2009 The oldest continuously active bar association in California 2009 Kaufman-Campbell awards Banquet 7 Judge John Pacheco speaks on behalf of the Joseph B. Campbell Inn of Court Photos by Debbie Mann Judge Schneider gives the historical perspective. Judge Jules Fleuret presents the award to Judge Powers Scott B. Campbell Sharon Kaufman Granowitz Kaufman-Campbell Award recipients (from left to right) Judge Jules E. Fleuret, 2002; Judge Michael M. Dest, 2008; Justice Betty A. Richli, 2001; Judge Margaret Powers, 2009; and Judge Michael A. Smith, Scott Campbell (Justice Campbell s son) with his aunt Jean DeBlasis (Justice Campbell s sister). Ben Satory, Lana Powers-Satory, John Powers, Judge Margaret Powers, Jennie Powers, and John Powers, Jr.
8 8 San Bernardino County Bar Association June 2009 Professional Photo Sessions Offered in June and July RCL Portrait Design (located in Austin, Texas) has agreed to offer photo sessions in July and August to photograph our bar members for our photo database* and for your purchase, should you choose. The San Bernardino sessions will be scheduled for two weeks: Tues. through Thurs., June from 8:45 a.m. to 4:00 p.m.and Fri., June 26 from 8:45 to 11:30 a.m.; Mon. through Thurs., June 29 to July 2, from 8:45 a.m. to 4:00 p.m.; and Fri., July 3 from 8:45 to 11:30 a.m.** These photo sessions will be held at the SBCBA Offices, 555 N. Arrowhead Avenue in San Bernardino. There is an $8.00 sitting fee. A session will be offered for the High Desert Bar members for the the week of June 15th at the Law Offices of Caldwell, Kennedy & Porter. HDBA members may call the number below to schedule, as well. A professional portrait photographer will photograph you in several poses. You will then be able to view your proofs immediately through an instant video system and choose your picture for the directory. Additional portraits will also be made available to those wishing to purchase them, however, there is no obligation. For a professional quality directory, appropriate dress is suggested. We recommend the following: Ladies: Bold or bright colored long sleeved outfit; Gentlemen: Dark jacket and tie. During the month of June, RCL Portrait Design will be contacting our members with an invitation to set up an appointment. If you have not received a call by June 15th, and would like your photo taken, please call RCL Portrait Design at to schedule your appointment. *You may submit your own photo by for inclusion in the database. **Dates may be subject to change. ELWOOD M. RICH JUDGE OF THE SUPERIOR COURT (RET.) JUDGE FOR 28 YEARS MEDIATIONS ARBITRATIONS INDEPENDENT ADR (951) CALIFORNIA SOUTHERN LAW SCHOOL 3775 ELIZABETH ST. RIVERSIDE CA 92506
10 10 San Bernardino County Bar Association June 2009 CAPTURING QUICKSILVER: Records Management For Blogs, Twittering and Social Networks By Sharon D. Nelson, Esq. and John W. Simek 2009 Sensei Enterprises, Inc. ave you caught the Twitter bug yet? HIf not, you can be assured that some within your law firm have indeed gotten the bug. And what are they saying, when sending their tweets via Twitter? Stupid stuff like walking the dog and when did I get so dam fat? But they are also saying the Smith, Smith and Smith law firm is EVIL and naming names. And we re working on a case that s going to put Acme Corporation in a stock market tailspin. Twitter, if you don t know, is a free social networking and micro-blogging service that allows its users to send and read other users updates (otherwise known as tweets), which are text-based posts of up to 140 characters in length. Updates are displayed on the user s profile page and delivered to other users who have signed up to receive them. That s a very short explanation learn more at Do you have a pish posh reaction to Twitter? Maybe you should rethink that feeling, if you do. From the National Law Journal: Beware, Your Tweet on Twitter Could Be Trouble Subheader: Latest networking craze carries many legal risks And is a tweet done on firm resources a record for purposes of retention requirement and, ESI preservation/ production? It probably depends. If it is a company tweet, probably yes. A personal tweet, probably no. Probably. Much of this remains unsettled ground. If you find that scary, you re not alone. For a while, record managers thought they had the universe pretty well covered with and company approved programs. After a while, some of them caught up with instant messages. But Twitter, blogs and social networks have given almost everyone a Goliath-size headache. Whether you are thinking in terms of your own law firm or your clients, you must now consider these new technologies. So how do Records Managers deal with this constantly evolving world? New technology bedevils records management (RM). Worse yet, the minute RM catches up to technology, technology leapfrogs ahead with something else to cause consternation. Douglas Winter, who heads the electronic discovery unit at Bryan Cave, stresses that tweets are no different from letters, or text messages they can be damaging and discoverable, which is especially problematic for companies that are required to preserve electronic records, such as the securities industry and federal contractors. Yet another compliance headache is born. Tom Mighell of Fios suggests that we may find a post from a proud employee that says Our brakes are fine. I m an engineer on that product. We went to SX tolerance, so you can be rougher on them than you think. Don t worry. As Tom points out, after that post, you ve got potential product liability in 140 characters. Nolan Goldberg, of Proskauer Rose, has noted that you can get yourself in a lot of trouble in Twitter s 140 character limit. Many folks don t realize that tweets (Twitter postings) create a permanent Forensic Accounting - Expert Testimony FRIEDMAN & BROUNSTEIN, LLP CERTIFIED PUBLIC ACCOUNTANTS Economic Damages Business Insurance Income Real Estate Family Law Business Valuations Cash Flow Tracing (Located across from the San Bernardino Courthouse) AT THE LITIGATION SUPPORT CENTER 444 N. Arrowhead Avenue, Suite 105 San Bernardino, CA Tel: (909) Fax: (909) record and that the tweets can go anywhere. Add to that the fact that, like IMs and s, these quick electronic messages are often composed when someone is angry or frustrated or even under the influence of too much wine sometimes leading them to display poor judgment. Though Twitter does not release the number of folks registered to use it, industry experts report that 3.4 million unique visitors visit Twitter each month and that number is growing exponentially. Twitter is by no means alone. There is also Yammer, and present.ly (no that s not a typo) and surely many more to come. Enterprise versions are just beginning to emerge, but there is currently precious little policy to govern them. For the most part, microblogs are being treated as blogs from a corporate policy perspective. Blogs As blogs have exploded in popularity over the last few years, so have cases in which employees have disclosed trade secrets and insider trading information on their blogs. Blogs have also led to wrongful termination and harassment suits. There should, of course, be a company policy about blogging at work or about work. Many companies sanction blogs Microsoft has hundreds of them. One case has suggested that employers may have the right to prevent employees from accessing blogs while at work, which may fend off some of the dangers associated with blogging. Nickolas v. Fletcher, 2007 U.S. Dist. LEXIS (E.D. Ky. Mar. 30, 2007). If blogs are allowed at work, the company needs to maintain blog archives where retention is mandated under laws or regulations. Blogs do indeed create a paper trail, for better or worse. Corporate blogging vs. individual employee blogging present different challenges one clearly speaks for the corporation. The other may or may not, depending on the circumstances. One notable recent case, from October of 2008: at the Transportation Security Administration s official blog, a former officer blogged about a Newark officer arrested for stealing from passenger s luggage, assuring readers that TSA has zero tolerance for theft and citing the number of officers terminated for theft. This was followed by probing comments from blog visitors disputing the number of officers terminated and asking for hard data about compensation for victims. Not necessarily welcome comments for TSA. Blogs, clearly, can be a Pandora s box. Enterprise blogs require security and authentication and audit trails. Likewise, it should be possible to search them, issue reports, etc. Control over enterprise blogs can be appliance based, an enterprise application or though software as a service (SaaS). As the example above shows, an enterprise will certainly want to consider whether to allow comments!
11 June 2009 The oldest continuously active bar association in California 11 Audit trails should capture all changes, including new posts, changed or deleted posits, and comments and discussion. They should capture context, including who posted/commented, what posts are read and what posts are trackbacked. One wit has suggested a very simple corporate blog policy: Don t be stupid. Social Networks The lifeblood of many employees is their social networks, including MySpace, Facebook, LinkedIn and Plaxo. Besides being a gigantic time suck, these sites abound with risks for business as most businesses do not monitor their employees sites and therefore all the risks associated with blogs apply here. Many experts believe that companies are well advised to use filters to block access to all social networking sites at work. At the very least, this action will keep the posts from being company records. On the other hand, genuine business usage of these sites has grown tremendously and it may be very difficult to allow business usage and forbid personal usage, no matter what a company s policy may say. A 2008 independent survey commissioned by FaceTime Communications (based in the U.K. but we have no reason to suspect the answers would be much different here) found that roughly 80 percent of employees use social networks at work and for BOTH personal and business reasons. The work-related purposes were for professional networking, researching and learning about colleagues. As may be obvious, checking the social networking sites of potential employees may be wise, as an employer may get some sense of trouble brewing in the future, a lack of discretion, angry entries, a TMI (too much information) proclivity, etc. Is employer monitoring of social networking sites really happening in the wild? The authors did an ad hoc online survey though everyone said an employer had a right to monitor, no one actually knew of an employer who WAS monitoring personal sites. Likewise, others in the field have not yet been able to cite a case where social networking was involved to the detriment of the employer, but the consensus is clear just wait a bit it s coming. Toss or Keep? From our viewpoint as folks involved in computer forensics, if you don t have to keep data and can t think of a reason why you should keep it, toss it. You ll save a fortune if you become embroiled in litigation. Shrinking the data to search will shrink the volume of potentially responsive data that must be reviewed. Some of the emerging technologies are fluid (comments on blogs, ever-expanding discussions on wikis, changes on social networking sites, etc.). How do you manage something that isn t static and that has multiple authors? Snapshots are one method and risk assessments are performed to determine how often snapshots must be taken. Periodic archiving is another possibility though it is a headache (again) to figure out how to schedule it. Training is helpful employees need to understand that they are creating records when they use these technologies and think before they create records, bearing the risks of the records they create in mind. The Web 2.0 World It s a brave new world, and most corporations and law firms are having a heck of a time dealing with it. It can involve huge costs, business disruptions, public embarrassment and, gulp, legal liability. Management of Web 2.0 records is limited at best, often chaotic and duplicative. This is a huge challenge for record managers. And ponder this Web 2.0 risk scenario from Michael Cobb: Suppose you re the CIO of a company that dominates its market to the point where competitors are grumbling about monopolistic practices. Some of your employees decide to help by going on the offense, denigrating these grumbling competitors in off-site blog posts and wild entries, tagging negative stories on the Web, posting slated questions on LinkedIn, fostering criticism on FaceBook and so on. Then the company is hit with a lawsuit by its competitors for engaging in an alleged smear campaign. Your general counsel proclaims innocence and tries to limit the scope of discovery, but is compelled by law to agree to hand over all relevant ESI. Again, interesting. Your opponents will have trolled the Web for data. Can you claim ignorance? Must you produce these off-site communications by your employees? Can you afford not to know about Web 2.0 data? These are questions that are giving CEO s (and their lawyers) the willies. Conclusion The law relating to emerging technologies (and we haven t covered wikis, unified messaging, VoIP, instant messaging, among others) is vastly underdeveloped, which presents a formidable challenge to records managers. If you have any guiding principle, make it this: Content, not form, drives retention requirements. Policies governing records in your law firm or business should address all forms of communications and you ll need to review these policies at least annually in light of newly evolving technologies. Looking for solace? Think job security. No business today can be without records managers and the lawyers who counsel them. The authors are the President and Vice President of Sensei Enterprises, Inc., a legal technology and computer forensics firm based in Fairfax, VA (phone) The 2009 Kaufman Campbell Awards Banquet held on May 28, 2009 Honored Superior Court Judge Margaret A. Powers We would like to acknowledge the generous sponsors of that event: Diamond The Honorable Joseph B. Campbell American Inn of Court Platinum Caldwell, Kennedy & Porter, APC Gold Fullerton, Lemann, Schaefer & Dominick Granowitz, White & Weber Gresham, Savage, Nolan & Tilden Silver Redlands Arbitration & Mediation Services, Inc. Tim Corcoran Solo The Hon. Michael M. Dest The Law Offices of Ugo-Harris P. Ejike The Hon. Cara D. Hutson Mrs. Eileen Kaufman Tressa Kentner The Hon. Brian S. McCarville The Law Offices of James Bruce Minton The Hon. Wilfred J. Schneider, Jr. Commemorative Wine Law Offices of Michael A. Scafiddi
12 12 San Bernardino County Bar Association June 2009 Our appraisals have been reporting Truth About Value Since 1979 for Family Law & Estate Planning PROFESSIONAL PRIVATE PROCESS SERVERS When you need quality and fast service, call in the experts. We specialize in process serving for law firms. 24 hour service available. We are ready to handle any obstacle to get your job done. Give us a try! WE GET RESULTS CRIMINAL & CIVIL CASES YOUR SUBPOENA & SUMMONS SERVED FAST! Toll-Free (888) Ext. 5 calmarketvalues.com California Municipal Services Serving Southern California Registered & Bonded Offices in Riverside and San Bernardino Counties (909) Toll Free: 877/ FAX (909)
14 14 San Bernardino County Bar Association June 2009 CLASSIFIED ADS SERVICES FREEDOM INVESTIGATIVE SERVICES, INC. CA Certified Paralegal. No law enforcement background. Experience in most investigation. What is your need? 909/ NEED A CONTINUANCE? DON T DRIVE. Local attorney will appear for you in San Bndo Central Courthouse to get a continuance for your client s misdemeanor or felony case. Very low fees. Call: 909/ or at: ALAN R. SIMS APPRAISING - Commercial, Residential, Estates, Litigation, Divorce, Ins., M&E. 909/ Intellectual Property Attorney / Patents, Trademarks, Copyrights: Available for advising, preparation and prosecution of patent and trademark applications, and copyright registrations. Call the Law Offices of Colin D. Rasmussen: 909/ (phone); 909/ (fax); - HI-CALIBER PRIVATE INVESTIGATIONS: We are a State licensed & insured private investigations firm. For the past seven years we ve been strategically located in downtown San Bernardino. We are National Board Certified in Criminal Defense. We also do family & civil law.(ca Lic ) 320 N E St. #211; 909/ ; LAW OFFICE OF CHRISTIAN ANYIAM: Full service law practice handling civil, family, real estate, labor/emp., PI, immigration, and contract law. We also make special court appearances. Call 909/ FAMILY LAW, CRIMINAL DEFENSE APPEALS, Social Security*, Veterans Appeals*. (*No recovery, no fee.) James A. Skidmore, II, Attorney; 560 N. Arrowhead Avenue, #5B; San Bdno. CA 909/ AMEX, Visa, MC accepted. CREATIVE FINANCE - Real Estate Only! Hard Money / Private Money Lenders. Residential, commercial, land & construction completion. In probate, foreclosure, or bankruptcy OK (w/court OK). Save the property, loosen up operating capital. Title in trust, corp., or foreign ownership is O.K.! Call JOHN or CPA W/ 30+ YRS EXP. available to advise and testify on: Real Estate /Partnership Taxation and accounting issues. Real estate syndication and management issues Real estate finance matters. Please call or for CV: Larsen AVR Group, Inc. Full Service Private Investigations Firm. Offices in L.A. & Claremont. (213) or (818) MORTGAGE CONSULTANT to attys, not acting as agent. Many years of exp. Will review all loan apps, escrow, loan commitments for possible modifications. Also do review with TILA lawsuits in mind. CPA. background. Financial review, proforma financial statements to get realistic client picture. Discreet, reliable, references. Will travel, reasonable hrly rates. Contact Thomas at LEGAL NURSE BETTY REVIEWS MEDICAL RECORDS. Our team takes boxes (or boxcars) full of Medical Records, turning them into effective, unbiased, attorney-friendly work products. Legal Nurse Betty, Inc., a Certified Legal Nurse Consulting Firm, is dedicated to quality work and long-term business relationships in the San Bernardino County area. Call or WORKER S COMP DENIED? We can write your medical necessity letter and obtain peer review within 48 hours. Over 4000 cases reviewed. Ted Wyman, MD JUDGMENT COLLECTION California courts have inherent and statutory power to compel obedience to their judgments, orders & process. CCP 128(a)(4), 177; Professional judgment enforcement since Steve Alldis, JD MORTGAGE FINANCE EXPERT: Teresa Tims, Senior Mortgage Consultant w/ South Pacific Financial, a Mortgage Banker in the Inland Empire for 25 years, Is available to consult with your clients when a home loan professional Is needed. Teresa specializes in residential mortgages of all types; FHA,VA,Conv., CalPERS, CalStrs, CalHFA, HART. Visit Teresa at or call 909/ EXP D LITIGATION/PROBATE ATTY avail. for contract work (depositions, trial prep, pleadings etc.) Also avail. for in person court appear. in Riverside County (Indio) and San Bdno County (Redlands) or other court-call appear. at other locations. Call Flint Murfitt 909/ or 760/ ATTORNEY w/more than 10 years exp. in Civil Litigation, Real Estate, Business Litigation and Appeals. avail. for research/writing projects, law & motion, depos, discovery, and appearances. Glenn A. Williams - 951/ NEED EXPERTISE CLEANING for your office environment or home? Please contact Xiomara Perdomo for an instant estimate at (323) or (909) COMPUTER FORENSICS, E Discovery, and Data Recovery. Intelligent Computer Forensics, Inc. can help your org. w/ complex investigations, inc. collecting & preserving electronic data using court-validated tools & techniques. Expt. analysis of collected data; depo & trial testimony. Call for competitive rates schedule: Intelligent Computer Forensics, Inc; 2330 La Mirada Dr, #500, Vista, CA (760) ; Toll Free: (800) FAMILY LAW /CIVIL LIT. ATTORNEY avail. for contract work: court hearings, research, trial assist., prep of motions, mediations. Ugo-Harris Ejike: 909/ FORENSIC DNA TESTING - Human Identification Technologies, Inc., 2-4 wk turnaround time w/single scientist representation & extensive law enf. lab exp. Court ready DNA testing results. Free Est. 909/ Located in Redlands, CA. HITDNA.com or LEGAL SECRETARY, Ellie s Legal Secretarial Service, 350 W 5th St., #202, S.B. CA, 35 years exp. Prep of most court forms, Guardianships, Fam Law, Evictions, Grant Deeds, Restraining Orders, Notary Public. 909/ INVESTIGATIONS: Nat l Intelligence Group Inc. We offer backgrounds, witness locates & statements, custody, domestic. Visit oour web site: or call: 909/ CIVIL AND CRIMINAL APPEALS & WRITS. Stanley W. Hodge, Attorney at Law Civic Dr. #204 Victorville, CA / EMPLOYMENT ESTABLISHED RIVERSIDE County AV rated law firm emphasizing in community association law is seeking an associate with 0-5 years civil litigation and transactional experience. Fax resume to the attention of Janet Rossman at (949) or to ATTORNEY SEEKING PART-TIME POSITION. 5 years experience in civil and family law. Can work flexible hours and days. ASSOCIATE ATTORNEY Rancho Cucamonga Litigation Firm seeks attorney. Newly admitted up to one year attorney for law and motion, court appearances, discovery and handling of files. Competitive salary & benefits. Please fax resume with writing sample to PARALEGAL NEEDED PART TIME. Bankruptcy exp. req d. Independent contractor to start, compensation negotiable. Ground floor opportunity with growing Hi Desert law firm. Work from home a possibilty. Contact 760/ OFFICE SPACE ATTORNEYS WANTED! Downtown San Bdno., across from the court house. Office space avail. 250 to 7500 sq.ft. Well main. bldg w/county, Law offices and Court offices. Ample parking. 800/ OFFICE FOR RENT - FURNISHED. Spacious Redlands office, furniture included, kitchen/conference room privileges, internet access, fax/copier use available. Secretarial space also available. Contact 909/ OFFICE SPACE FOR RENT Legal office suite with mtn view; 3 attorney offices, secretarial, reception, and kitchen. Fully furnished and decorated; computer, copier and phone can be included. Prime downtown San Bdno location; walking distance from San Bdno Court. Secure building with parking. Please contact Aurora Alonzo at 909/ RANCHO CUCAMONGA OFFICE SPACE available. Walking distance to the Ranch Cucamonga Superior Court House. The lease can be the first floor of approx. 3,500 sq. ft. or can be subdivided into 2 offices of approx. 1,200 sq. ft. and 2,300 sq. ft. CONTACT Brit Barker at 909/ DOWNTOWN RIVERSIDE. New Construction. Contemporary Live/Work units on Market Street, blocks away from the Inland Justice Center. Professional office suites square feet with attached 2BD/2BA beautiful upgraded apartment and garage. Prices from $2442/month. Call 951/ FOR SALE: Redlands Office Building, 1174 Nevada Street (off Orange Tree Lane). 8,070 Square feet, with 5,100 sq. ft available on ground floor for owner/usesr occupancy. Asking $1,500, Will review all offers. Roger Thompson, Wallendar Commercial RE. 909/ X 2. FURNISHED PROFESSIONAL ALL ATTORNEY OFFICES for rent in prime Rancho Cucamonga area on Haven Avenue. Offices are 12 x 18 and include furniture, direct dial phone, internet, and coffee room & conf. room privileges. Ea. office rents for $900 mo. Contact Yvette at 909/ DOWNTOWN OFFICE SPACE! 2055 sq ft of exec. office space for lease on 2nd flr of downtown bldg. 4 private offices walking distance of county courthouse. $2800 mo. inc. elec., water. Disc. rates for long term lease. Also 2 individual offices on 1st floor avail. for $250/mo. Contact RC Chavez at 909/ or COLTON PROF L OFFICE BLDG. Exec. Suites avail. for lease on a full services gross basis. Lease inc. min. recept. duties. Great space for atty., accountant, ins., escrow, or prof l user. 595 N. La Cadena Dr., Colton, CA. Roger Thompson, Wallender Com l Real Est. 909/ x2. NOTICES CONFIDENTIAL HELP Judges & Attys in trouble w/alcohol, drugs. 909/ , 24hrs-7 days wk. SBCBA Members: Advertise FREE for 3 mo. in Classifieds. Continue ad for $10 per month in advance. 909/ or NOTARY SERVICES. The SBCBA now offers notary services at a substantial discount to our members. Please call for details, 909/ , and ask for Tina. SOLO GENERAL PRACTICE FOR SALE in Wrightwood. General civil, Family, BK, Probate, Estate Planning, Real Estate. Fully equipped including paralegal; great location and lease. Terms negotiable. Busy attorney wants to retire. 760/ GreshamSavage is a 48-attorney business law firm that has served the legal needs of the Inland Empire for almost 100 years. We seek to hire a highly qualified litigation attorney with 2-5 years experience to work in our Riverside office. Applicants must have a strong academic background and superior analytical and writing skills. Please send a resume, law school transcript, references and a writing sample to: Vanessa Wilcox Fax: (909)
15 June 2009 The oldest continuously active bar association in California 15
16 16 San Bernardino County Bar Association June 2009 BULLETIN of the San Bernardino County Bar Association California s Oldest Continuously Active Bar Association Organized December 11, 1875 In Affiliation with the High Desert Bar Association Board of Directors OFFICERS Michael A. Scafiddi President Thomas W. Dominick President-Elect James B. Hackleman Vice-President John S. Lowenthal Secretary-Treasurer William D. Shapiro Immediate Past President DIRECTORS-AT-LARGE Khymberli S. Apaloo G. Christopher Gardner Jennifer M. Guenther Barbara A. Keough Matthew A. Marnell Sandy Turner Bradley R. White John R. Zitny Workers Compensation/Social Security Disability Issue? Maybe I can help!! I have over 30 years experience in representing injured and disabled workers before the Workers Compensation Appeals Board and Social Security Administration. If you have clients who need help with Workers Compensation or Social Security problems, please have them call my office for a free consultation. I pay referral fees in accordance with State Bar Rule 2-200(A). Laurence R. Lerner WORKERS COMPENSATION LAW CERTIFIED SPECIALIST and ARBITRATOR STATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATION LERNER, MOORE, SILVA, CUNNINGHAM & RUBEL Ph: 909/ Fax: 909/ North Arrowhead Avenue, Suite 1 San Bernardino, California Executive Director Claire E. Furness The mission of the San Bernardino County Bar Association is to serve its members and the community and improve the system of justice. 555 North Arrowhead Avenue San Bernardino, CA (909) Fax: (909) Web: T he Bulletin of the San Bernardino County Bar Association is published 11 times a year. Our circulation is approximately 1,100, including: our bar membership of 900, 95 state and federal judges, state &local bar leaders, legislators, media, and businesses interested in the advancement of our mission. Articles, advertisements and notices should be received by the bar office no later than the fifteenth of the month prior to the month of publication. For current advertising rates, please call the number listed above. Please direct all correspondence to the above address.
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