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July Barnotes6/15/0112:07 PMPage 1BarNotesVolume 8 Issue 5 July/August 2001Savethe Date!SundayJuly 8, 2001A Publication of the San Fernando Valley Bar AssociationNEW BOARD OFTRUSTEES NOMINATEDConcerts inthe Park 2001See page 13 for details.In This IssuePresident’s Message .3Labor Commissioner RestrictsAbility to Make Deductions Againstan Employee’s “Salary”.5E-3 Electronic Entertainmentfor Lawyers in More WaysThan ‘01 .6Interactive E-mail Parameters forResponding to Central DistrictProbate Notes .8Message fromLRIS Coordinator .9Diamond AnniversaryCampaign .10Calendar.12-13Law Day Dinner Raises Fundsfor Scholarships and Grants.16The Practice:Christmas in July? .19Classified Ads.20-21New Members .22The San Fernando Valley Bar AssociationNominating Committee met on June 5 tonominate the 2001-2002 Board of Trustees.Officers nominated are Steve Holzer,President-Elect; James Felton, Secretary;and Marcia Kraft, Treasurer. Lyle Greenbergautomatically assumes the Presidency onOctober 1.The Committee nominated twelvecandidates to fill six open seats on the Board.Three sitting Trustees are seeking reelection:Neal Dudovitz, Lloyd Mann, and Alice Salvo.Other members nominated are SeymourAmster, Michael Convey, Phillip Feldman,Robert Flagg, Cynthia Hogan, Kevin Rex,Larry Simons, and Maria Skinner.SFVBA President Christine Lydencomments, “The Nominating Committee dida terrific job of selecting candidates who haveeach contributed to the growth and successof our organization. They represent a crosssection of our sections, areas of practice, andour community.”In accordance with the SFVBA by-laws,additional nominations for trustee or anyoffice, except that of President, may be madeby filing with the SFVBA Secretary SteveHolzer a written nomination, signed by atleast twenty active members of theAssociation in good standing. Petitionsmust be received by July 31.Ballots will be mailed to all attorneymembers in August. The results of theelection will be announced September 11.The new Board of Trustees will be sworn inat the 75th Anniversary Gala on September29 at the Universal City Sheraton.SFVBA Accepting Applicationsfor CommitteesThe SFVBA offers members theopportunity to contribute to the legalprofession and the public by volunteeringto serve on one of twenty committees.President-Elect Lyle Greenberg is currentlyissuing appointments for the new Bar yearcommencing October 1. Members areencouraged to participate in the followingcommittees: Bench-Bar, Conference ofDelegates, LRIS, Membership & Marketing,Personnel, Programs/Special Events, PublicService, and the Executive Committees ofthe thirteen sections.Any member wishing to serve on acommittee can contact Lyle Greenbergat (818) 884-5100 or emailgreenbergs@earthlink.net.
July Barnotes6/15/012 Bar Notes12:07 PMPage 2www.sfvba.orgJuly/August 2001Sometimes the best wayto keep a clientis to send them to us.We specialize in areas you don’t .and in returning your satisfied clients to you.Proving you can have your cake and eat it, too.Referring a client can make attorneys nervous.Expose them to another firm? Maybe to neversee them again? Forever?Not when you refer them to Lewitt, Hackman.For thirty years, referrals have been animportant part of our practice. That’s why,when we receive referrals, we adhere to two keyprinciples. First, we consider them your clients,on loan to us. And second, we believe that animportant part of our job is sustaining theirallegiance to you.So if you have a client who has needs in anyone of the areas listed above–we have years ofin-depth experience in every one ofthem–don’t hesitate to give us a call.You can be sure that we’ll give your clientsexcellent service.And then we’ll send them back to you.LEWITT, HACKMAN, SHAPIRO, MARSHALL & HARLANA LAW CORPORATION16633 Ventura Boulevard 11th Floor Encino CA 91436 (818)990.2120 FAX (818)981.4764visit our website @ www.lewitthackman.com
July Barnotes6/15/0112:07 PMPage 3July/August 2001Bar NotesSAN FERNANDO VALLEYBAR ASSOCIATION21300 Oxnard Street, Suite 250Woodland Hills, CA 91367Phone (818) 227-0490Facsimile (818) 227-0499Web site www.sfvba.orgBOARD OF TRUSTEESPresident .Christine LydenPresident-Elect.Lyle GreenbergSecretary.Steve HolzerTreasurer .James FeltonPast President .Mark S. BlackmanExecutive Director.Elizabeth PostTRUSTEESAnne AdamsTamila JensenSusanne Bendavid-ArbivMarcia KraftLinda BulmashRichard LewisRaul ContrerasLloyd MannNeal DudovitzPatricia L. McCabeGerald L. FogelmanAlice A. SalvoSteven R. FoxJudith SimonSTAFFLRIS Coordinator .Michele MorleyLRIS Counselor .Gayle LindeLRIS Counselor .Valeria LedezmaEvents Coordinator .Linda TemkinAdministrative Assistant .Erik SanchezSECTION CHAIRSADR .Mike Prihar/Alice SalvoBarristers .Kevin RexBusiness Law .Lloyd MannLarry SimonsCriminal Law.Seymour AmsterEntertainment Law.Sheldon EskinFamily Law .Barbara AzimovIntellectual Propertyand Internet Law .Holli FillbachDebra SweeneyLitigation .Robert FlaggMaria SkinnerSmall Firm andSole Practitioner .Susan WeissmanDean SchreyerProbate & Estate Planning .Laura ContiTaxation .Richard BlockRobert LeonardWomen Lawyers.Tamila JensenWorkers’ Comp.William KropachBar Notes is published 11 times a year. Articles,announcements, and advertisements are due bythe first day of the month prior to the publicationdate. The articles in Bar Notes are written forgeneral interest and are not meant to be reliedupon as a substitute for independent research andindependent verification of accuracy.Layout & DesignPre-press & Printing,Master Graphics Printing(818) 343-0500 2001 San Fernando Valley Bar Associationwww.sfvba.orgBar Notes 3LUNCH WITHTHE PRESIDENTBY CHRISTINE LYDENLiz Post and I recently received an invitation for lunch with thePresident-Elect of the State Bar, Karen Nobumoto and severalattorneys from District 6 of the State Bar. We traveled up to SantaBarbara on a rather gloomy day and were pleasantly surprised by theChristine Lydenwarm reception we received at the University Club.SFVBA PresidentMs. Nobumoto is scheduled to be sworn in the beginning ofSeptember. She is the first government attorney and African American/Japanese Americanwoman to serve as President of the State Bar. She is a District Attorney in Los Angeles County.I was immediately impressed by her down-to-earth manner and her enthusiasm for the yearthat lies ahead. One of her goals is to make the President more accessible to the members ofthe State Bar. With her charismatic personality, I am certain she will make great strides inchanging the image of the State Bar. True to her word, Ms. Nobumoto brought along hercalendar and at the end of meeting committed to several speaking engagements, includingour 75th Anniversary Gala/Installation Dinner on September 29.In addition, Ms. Nobumoto spoke about her strong desire to increase the diversity of thelegal profession and encourage greater participation of minority attorneys. While whitewoman are continuing to make advances, men and women of color have not advanced in theprofession and within the State Bar. Local bar associations such as ours were encouraged topromote and support our minority members and to participate in State Bar committees. It isfrom the committees that members are elevated to leadership positions. There are numerouscommittees that are in need of support. All of the committees and chairs are listed on theState Bar website. I encourage any of you who are interested to consider volunteering for aState Bar committee.Ms. Nobumoto is strongly supportive ofS. DAVID ROSENSONcommunity service programs such as theProviding meaningful andHomeless Court project that recently opened incost-effective mediation as a Family LawVentura. While the State Bar cannot sponsor suchMediator/Judge Pro Teamprograms, the State Bar Foundation has helpedmany of these projects with start-up financing.I was not aware of the extent of the Foundation’sinvolvement in new community service programs.Liz and I also received information aboutDistrict 6. District 6 is comprised of the Ventura,San Luis Obispo, Riverside and Santa BarbaraCounties. Ventura and San Barbara Counties wereFormerly of Wasser, Rosenson & Carter,once part of District 7, which they left when theyMr. Rosenson’s qualifications include:felt they were being overshadowed by the Los 38 years as a trial attorneyAngeles County Bar Association. Similarly, Certified Family Law SpecialistRiverside left its original District because they LASC Mediatorfelt they were overshadowed by the OrangeCounty Bar Association. The San Fernando Valley Author of over 20 publishedlocal and national familyBar Association is currently part of District 7. Itlaw articleswas suggested to us that we consider joining Attorney in hundreds of familyDistrict 6. This suggestion was of interest to bothlaw matters including foreignLiz and I and an idea that will be discussed withand domestic jurisdiction issues,complex assets, and custodythe Board of Trustees. I would welcome inputfrom our members regarding this issue.(310) 278-1880All in all, it was a very interesting and inform21700 Oxnard Street, Suite 2070ative meeting. It was particularly satisfying toWoodland Hills, CA 91367have our Association recognized by the incoming9350 Wilshire Boulevard, Suite 223State Bar President. I am looking forward to theBeverly Hills, CA 90212Karen Nobumoto’s year as President.
July Barnotes6/15/0112:08 PMPage 44 Bar Noteswww.sfvba.orgJuly/August 2001RICHARD GORDONExpertise in Federal and California Securities LawsCompliance – Regulatory – EnforcementSEC – Department of Corporations former Branch Chief with the SEC in Washington, D.C.former Chief Regulatory Counsel in SEC/Los Angeles Regional OfficeArbitrator for National Association of Securities Dealers20 years private practice experienceOF COUNSELLEWITT, HACKMAN, SHAPIRO, MARSHALL & HARLANA LAW CORPORATION16633 Ventura Boulevard 11th Floor Encino CA 91436(818) 990-2120 FAX (818) 981-4764www.lewitthackman.comDirect Dial: (818) 907-3271RGordon@lewitthackman.com
July Barnotes6/15/0112:08 PMPage 5July/August 2001www.sfvba.orgBar Notes 5LABOR COMMISSIONER RESTRICTSABILITY TO MAKE DEDUCTIONSAGAINST AN EMPLOYEE’S “SALARY”BY CYNTHIA ELKINS HOGANAbout the Author: Cynthia Elkins Hoganprovides counseling for employers and practicesemployment litigation in Encino. To makecomments about this article, call (818) 501-8550or send email to chogan@employer-law.com.In an Opinion Letter issued May 30,2000, by the California LaborCommissioner, the payroll practicesregarding deductions for time missed fromwork for exempt employees has been drastically altered. The opinion is a completedeparture from prior California interpretation and from Federal law (29 C.F.R.§541.118) on permissible deductions fromsalary.Prior to the recent Opinion Letter,employers could deduct certain wages froman exempt employee’s wages for timemissed from work. The ability to makesuch deductions is now severely restricted,as described below. These changes must beimplemented in order to maintain anemployee’s “exempt” status and to maintainthe exclusion from overtime compensationrequirements.An employee is “exempt” as aProfessional, Administrative or Managerialemployee and not covered by the overtimerequirements of the Industrial WelfareCommission’s wage orders if the employeeis primarily engaged in work that requiresthe employee to customarily and regularlyexercise their discretion and independentjudgment in the performance of thoseduties and earns a monthly salary equivalent to no less than two times the stateminimum wage for full time employment(California Labor Code Section 515(a)).Deductions from the “monthly salary”may no longer be made under thefollowing conditions: No deductions based on Quality orQuantity of Work. An employee’ssalary amount is not subject toreduction because of variations in thequality or quantity of work performed. No deductions for Absences due toOperating Requirements of theBusiness. If an employee is “ready,willing and able to work,” no deductions can be made from their salary fortime not worked as a result of theEmployer’s failure or inability to havework available. No deductions for AbsencesOccasioned by Sickness or Accident.No deductions may be made from thesalary of an exempt employee for fullday absences due to sickness oraccident UNLESS the absence exceedsthe entire month. Deductions MAY BEMADE for absences of a FULLWORKING DAY or MORE due tosickness or disability IF the deductionis made pursuant to a bona fide plan,policy or practice of providing sick payAND the employee has exhausted thesick leave available under the plan,policy or practice. Penalties Imposed on Employees forSafety Rule Infractions Not Permitted.Contrary to Federal law, California doesnot permit deductions from salary of anexempt employee who is suspended forany amount of time due to violations ofsafety rules. No Deductions for Jury Duty,Attendance as a Witness orTemporary Military Leave.Employers may not make deductionsfor time missed due to an employee’sattendance at jury duty, as a witness incourt (whether on behalf of theemployer or otherwise) and fortemporary military leave assignments.See Labor, continued on page 14
July Barnotes6/15/0112:08 PM6 Bar NotesPage 6www.sfvba.orgJuly/August 2001E3 - ELECTRONIC ENTERTAINMENT FORLAWYERS IN MORE WAYS THAN ‘01BY DAVID GURNICKAbout the Author: David Gurnickis managing partner of theWoodland Hills office of Arter& Hadden.This year’s E-3, the Electronic Entertainment Expositionheld annually at the L.A. Convention Center, presented moreentertainment for lawyers than ever, in more ways than one.Today, with Westlaw, Lexis, law treatises and texts provided onCD-Rom, on-line court opinions, videotaped depositions,animated reconstructions and, of course e-mail, law practicerequires lawyers to use more electronic technology than everbefore. But technology is for more than just work and information. It is also for fun and games.E-3 isn’t about technology for lawyers. It’s about electronicentertainment. The games and devices that were exhibited willentertain lawyers, families and others. But a careful look at thisyear’s Electronic Entertainment convention revealed that agreat deal of the fun and games are developed in the SanFernando Valley.First, let’s talk about the fun and games for lawyers andfamilies. Four new videotape platforms were introduced this year:Nintendo’s game cube, Gameboy Advance, Microsoft’s X-Box, andSony Playstation 2. These new systems will feature better images,faster action and a range of other features. These are in addition tomillions of Sony Playstations and Sega Dreamcasts and Nintendo64s still in use. Lawyers and families who need an electronicdiversion from the work will have plenty to occupy their mindsand nimble fingers with the new equipment coming this fall.Many game publishers exhibited products they think lawyerswill particularly enjoy. Dreamcatcher, a Canadian-based company,felt that members of the legal profession would be interested in“Jekyll & Hyde,” a new game whose slogan is “Reawaken the BeastLying Dormant Within.” This software adventure is set in Londonin the late 1800s. To find his kidnapped daughter, Dr Henry Jekyllmust resurrect Mr. Hyde. Lawyers looking for an adventure that isboth modern and ancient may enjoy the same company’s newAtlantis adventure. It involves following a young Egyptologisttrying to uncover the mysteries of the lost world.Lawyers know about following rules. But when it comes togame play, today it’s in vogue to cheat. Two publishers, VersusBooks and Brady Games, presented strategy guides and “cheat”books. These publications contain tips and codes that add featuresto and remove obstacles from many of the most popular games forthe platforms mentioned above, and for on-line and softwaregames played on home PC’s.The exhibitors included companies with tools for the trade.Leave it to a Russian company, Russobit-M Co., to presentsoftware for preventing copying of software. While offered at E-3as a tool to combat copyright infringement for publishedcomputer games, the manufacturer suggested their product willhelp lawyers who wish to encrypt confidential files on CD-roms.(For more information on this copy-protection software, visitwww.star-force.com.)Exhibitors’ demonstrated new versions of golf and other gamesfor Palm Pilots (Zio Golf), on-line adventure games, and a widerange of games for the new platforms mentioned above, as well asfor PC’s. The four large Convention Center exhibit halls at E3were so overwhelmingly filled with game demonstrations andequipment, that it was clear there will be plenty of electronicentertainment for lawyers and their families for years to come.At least eighteen exhibitors were from the San Fernando Valleyand surrounding areas. A look at the geographic diversity of theValley companies makes it apparent that this is a thrivingcommunity in high-tech entertainment.Among Valley area E-3 exhibitors were THQ, which is one of thelargest publishers of electronic game titles, as well as Novalogicand Sound Source International, also publishers of electronicentertainment products, all based in Calabasas; ActionZone, agame exporter, based in Chatsworth; Van Nuys-based GTM Videoand game distributor Royal Electronics; Walt Disney and WarnerBrothers based in Burbank; Gamefan Magazine located inWoodland Hills; Sonic Desktop Software based in Northridge;accessory manufacturer Naki International located in Sun Valley;and Universal Interactive Studios in Universal City, to name a few.E-3 was far too big to discuss more than a small fraction inthis article. For example, apart from showing software that willbe available soon in retail stores, much of the exhibit was filledwith video games that will be found in video arcades. The sizeof the exhibition and the range of products made one thingapparent. There will continue to be a lot of new electronicentertainment software for lawyers and others as well, and theSan Fernando Valley will continue to be a key area where thesegames are produced.William J. KropachWORKERS’ COMPENSATIONSTATE CERTIFIED SPECIALISTREFERRAL FEE PAID PER STATE BAR RULESCHAIRMAN SFVBA WORKERS’ COMPENSATIONSECTION SINCE 1987DIRECTOR VCLF OF SFVBA SINCE 1980FORMER TRUSTEE OF SFVBAUCLA LAW SCHOOL, 1971818-609-7005, ext. 25http://home.earthlink.net/ wkropachFree Monthly RetainerAttorney Services of Southern California is pleased to offer SFV Bar MembersFree Monthly Filing Retainer - with minimum service of processDaily pick-ups and filing in 27 courtsGuaranteed lowest rates for process servingSpecializing in “hard-to-serve” and International servicesStatewide overnight courier pouch for filing & service of process Proud to be Associate Member of San Fernando Valley Bar Association(818) 772-4795Website: www.processnet1.comemail: processnet@mailcity.com
July Barnotes6/15/0112:08 PMPage 7July/August 2001www.sfvba.orgSFVBAMEMBER BENEFITSSFVBA rents its Executive Boardroom for depositionsand hearings. Amenities include breakout room,beverage service, and free parking. Only 125 per day. SFVBA attorney members receive free library privilegesat the San Fernando Valley College of Law in WarnerCenter. Call 883-0529 for library hours. Rece
July/August 2001 www.sfvba.org Bar Notes 3 Bar Notes SAN FERNANDO VALLEY BAR ASSOCIATION 21300 Oxnard Street, Suite 250 Woodland Hill
