About the Authors
THE LATE MITCHELL E. ABBOTT served as chair of the Appellate Practice Group of Richards, Watson & Gershon in Los Angeles, where his practice focused on the representation of municipalities and other public entities. He handled writ matters, civil rights actions, land use cases under the California Environmental Quality Act, public financing cases, taxpayers’ actions, and election contests. Mr. Abbott was a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization), a member of the State Bar’s Appellate Law Advisory Commission, a member of the California Academy of Appellate Lawyers, and a past chair of the State Bar’s Committee on Appellate Courts. He was also a contributing author of California Civil Appellate Practice (3d ed Cal CEB) and of California Administrative Mandamus (3d ed Cal CEB). Mr. Abbott received his A.B. (magna cum laude) in 1972 from the University of California, Davis, and his J.D. in 1975 from the University of Virginia Law School.
ARTHUR J. CASEY is a shareholder of Robinson & Wood, Inc., in San Jose, specializing in civil litigation with an emphasis on defense of product liability actions, insurance litigation, and insurance fraud. He also serves as a judicial hearing officer for the City of Campbell. Mr. Casey has been a CEB contributor and lecturer for several years. He received his B.A. in 1981 from the University of San Diego and his J.D. in 1985 from the University of Santa Clara.
WILLIAM A. DANIELS is a principal of Schwartz, Daniels & Bradley in Agoura Hills. Mr. Daniels practices in the areas of employment and consumer class actions, insurance bad faith, catastrophic personal injury, and employment discrimination. He received his B.A. in 1982 from San Francisco State University and his J.D. in 1994 from Loyola Law School of Los Angeles.
MARTIN L. FINEMAN is Partner in Charge of the San Francisco office of Davis Wright Tremaine LLP and handles complex litigation and dispute resolution in the corporate, securities, professional liability, and intellectual property fields. Mr. Fineman also acts as a Judge Pro Tem and judicial arbitrator for the San Francisco County Superior Court, and as a judicial mediator for the First District Court of Appeal. He received his B.S. from the University of California, Berkeley, his M.B.A. from the Haas School of Business at the University of California, Berkeley, and his J.D. from the University of California, Berkeley, School of Law, where he was an editor of the California Law Review.
GINETTA L. GIOVINCO is an associate in the Los Angeles office of Richards, Watson & Gershon and represents public entities and private sector clients in litigation matters. She received her B.A. (summa cum laude) in 1997 from American University and her J.D. in 2003 from the University of California, Los Angeles, School of Law.
JOSHUA S. GOODMAN is a founding partner of Jenkins Goodman Neuman & Hamilton LLP in San Francisco, specializing in personal injury, professional liability, insurance coverage, commercial, and construction litigation. Mr. Goodman also litigates insurance coverage matters on behalf of insurers, policyholders, and businesses seeking coverage for third party claims. He has authored articles published in CEB’s California Civil Litigation Reporter and serves as an arbitrator for San Francisco, Alameda, and Marin Counties. Mr. Goodman received his B.A. in 1978 from Pomona College, his M.Phil. in 1981 from the University of London, and his J.D. in 1984 from the University of California College of the Law, San Francisco.
GAYLE L. GOUGH is a partner in the San Francisco office of Sedgwick, Detert, Moran & Arnold LLP, concentrating on class actions, personal injury, product liability, and warranty and contract actions. She also serves on the panel of court-appointed arbitrators for the San Francisco County Superior Court. Ms. Gough received her B.S.F.S. in 1981 from Georgetown University (School of Foreign Service) and her J.D. (summa cum laude) in 1991 from the University of San Francisco School of Law, where she was a member of the University of San Francisco Law Review.
KYLE KVETON is a member of Robie & Matthai in Los Angeles and focuses on legal malpractice, business, and insurance litigation. He also serves as a mediator and arbitrator for the Los Angeles County Superior Court. He has spoken at numerous continuing legal education conferences and teaching programs. Mr. Kveton is a member of the Los Angeles County Bar Association, the Business Law section of the American Bar Association, the Association of Southern California Defense Counsel, and the Defense Research Institute. Mr. Kveton received his B.A. in 1980 from the State University of New York at Binghamton and his J.D. in 1983 from the University of Southern California.
JANET H. KWUON is a partner of Reed Smith LLP, where she has served as managing partner of the firm’s Los Angeles office and head of the Los Angeles office’s Product Liability Practice Group. Ms. Kwuon focuses on both complex civil litigation and nonlitigation client counseling in the areas of risk assessment, regulatory compliance, electronic data management, e-discovery, and investigations. She is also a former Los Angeles County Deputy District Attorney. Ms. Kwuon received her B.A. in 1985 from the University of California, Berkeley, and her J.D. in 1989 from the University of the Pacific, McGeorge School of Law.
NATHAN LANE III is a partner of Squire, Sanders & Dempsey LLP in San Francisco and leads the firm’s Intellectual Property Practice Group. Mr. Lane represents clients in disputes and business transactions involving intellectual property, antitrust and trade regulation, and commercial transactions as well as in domestic and international arbitrations. He has regularly litigated cases involving the discovery of evidence located outside of the United States. He is a past chair of the San Francisco Bar Association Antitrust Section. Mr. Lane received his A.B. in 1968 from Duke University and his J.D. in 1971 from the University of Pennsylvania, where he was a member of the Order of the Coif and of the Board of Editors of the University of Pennsylvania Law Review. Mr. Lane gratefully acknowledges the invaluable assistance of Michelle M. Full, an associate at Squire, Sanders & Dempsey LLP, in the preparation of chapter 13, Discovery in Other Nations.
ALEXANDER H. LUBARSKY is a practicing litigator, electronic discovery consultant, and author. He has litigated hundreds of cases involving electronic discovery and has received numerous awards in the industry, including the TechnoLawyer @ Award. Mr. Lubarsky has been elected to the Executive Committee of the Law Practice Management and Technology Section of the State Bar of California and is on the editorial boards of several technology publications. He has served on the San Francisco Bar Association Judicial Selection Committee and has served as co-chair of the AIDS Legal Referral Panel of San Francisco for a decade. He has consulted for numerous companies that provide electronic discovery support services. Mr. Lubarsky regularly consults with large law firms and Fortune 500 corporations in the area of ESI retention, e-discovery best practices, artificial intelligence, and litigation holds. He has taught courses on e-discovery and computers at San Francisco State University and California State University, East Bay, for 20 years. Mr. Lubarsky received his B.A. degree from Lewis and Clark College and his J.D. and LL.M. degrees from Golden Gate University School of Law.
MARJORIE E. MANNING is a shareholder of Bolling, Walter & Gawthrop in Sacramento, specializing in civil litigation with an emphasis on appeals, professional malpractice, employment law, and civil rights. Ms. Manning heads the firm’s appellate department and is admitted to practice before the United States Supreme Court. She was a contributing author of the previous edition of California Civil Discovery Practice (3d ed Cal CEB) and has lectured on civil litigation techniques. She is also a member of the American Bar Association, the Sacramento County Bar Association, and the Northern California Association of Defense Counsel. Ms. Manning received her B.A. (with honors) in 1980 from California State University, Sacramento, and her J.D. in 1984 from the University of the Pacific, McGeorge School of Law.
BROWNING E. MAREAN III is a partner in the San Diego office of DLA Piper Rudnick Gray Cary. He specializes in complex business litigation, technology matters, and professional responsibility. Mr. Marean is chair of the San Diego County Bar Association Technology Committee. He lectures frequently on computer technology and its applications to law practice management as well as on legal ethics and the selection and use of expert witnesses. Mr. Marean received his A.B. in 1964 from Stanford University and his J.D. in 1969 from the University of California College of the Law, San Francisco.
JAMES C. MARTIN is a partner in the appellate department of the Los Angeles and Pittsburgh, Pennsylvania, offices of Reed Smith LLP, specializing in civil appeals, writs, and posttrial motions. He is a fellow of the American Academy of Appellate Lawyers and a past president of the California Academy of Appellate Lawyers. Mr. Martin is certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization. A frequent author and consultant for CEB, Mr. Martin has written on a variety of subjects involving civil litigation and was a contributing author of California Civil Appellate Practice (3d ed Cal CEB), California Civil Writ Practice (3d ed Cal CEB), and California Expert Witness Guide (2d ed Cal CEB). He received his B.A. in 1974 from Colorado College and his J.D. (summa cum laude) in 1978 from the University of Santa Clara, where he was Editor-in-Chief of the Santa Clara Law Review.
PETER J. MESSROBIAN is special counsel in the San Francisco office of Sedgwick, Detert, Moran & Arnold LLP, where his practice focuses on products liability, personal injury, and environmental regulatory matters. Mr. Messrobian received his B.A. in 1989 from the University of California, San Diego, and his J.D. in 1993 from the University of San Francisco School of Law.
MARK A. NEUBAUER is a civil business trial lawyer in Los Angeles, with an emphasis on securities, real estate, entertainment, unfair competition, and employment law. Mr. Neubauer is a past chair of the California State Bar Litigation Section and a past president of the Association of Business Trial Lawyers. He has written numerous articles for the American Bar Association Litigation Journal and was a contributing author of California Civil Procedure Before Trial (3d ed Cal CEB). Mr. Neubauer received his B.S.J. (with distinction) in 1972 and his M.S.J. in 1973 from Northwestern University, and his J.D. in 1976 from the University of California, Los Angeles, School of Law, where he was an associate editor of the UCLA Law Review.
FARLEY J. NEUMAN is a founding partner of Jenkins Goodman Neuman & Hamilton LLP in San Francisco. His practice focuses on business and commercial litigation, with an emphasis on employment law, accounting malpractice, contractual disputes, real estate issues, and securities law. He is the author of articles published in CEB’s California Civil Litigation Reporter and is a frequent speaker for continuing legal education programs on complex commercial trials, expert witnesses, and accounting malpractice claims. Mr. Neuman, who is also a certified public accountant, is a member of the Pacific Stock Exchange’s panel of arbitrators. He received his B.S. in 1978 from the University of Illinois and his J.D. in 1981 from Loyola University of Chicago School of Law.
MICHAEL R. OVERLY is a partner in the Los Angeles office of Foley & Lardner LLP and a member of the firm’s Information Technology & Outsourcing Practice Group. He specializes in drafting and negotiating software licenses, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He has written numerous articles and books on multimedia law, online law, and the admissibility of electronic documents. Mr. Overly received his B.S. in 1982 and his M.S. in 1984 from Texas A&M University, and his J.D. (cum laude) in 1989 from Loyola University of Los Angeles School of Law, where he was a member of the Order of the Coif and Articles Editor of the Loyola of Los Angeles Law Review.
MARY PAT POTEET is the West Coast litigation support manager for DLA Piper Rudnick Gray Cary LLP. In this capacity, she coordinates the administrative and technical support for the firm’s West Coast litigation group and provides in-house consultation on litigation support issues such as discovery data management and electronic evidence processing. Ms. Poteet has extensive experience in database creation and administration, including data storage and warehousing. She is the Litigation Support Peer Group Vice President of the International Legal Technology Association and a committee member of the National Association of Litigation Support Managers. She is also a past president of the Bay Area Association of Litigation Support Managers. Ms. Poteet is a frequent speaker at industry seminars and conferences. She received her B.A. in 1987 from San Diego State University.
TAMI S. SMASON is a partner in the Los Angeles office of Foley & Lardner LLP, focusing on business, administrative, and healthcare litigation, including lease and partnership disputes, unfair competition, fraud, medical staff, and employment litigation. She is a former California office chair of the firm’s litigation department. Ms. Smason serves as a Judge Pro Tem for the Los Angeles County Superior Court. She received her B.S. (with honors) in 1981 from the University of California, Berkeley, and her J.D. in 1985 from the University of California, Berkeley, School of Law.
JEFFREY A. TIDUS is a partner in the civil trial firm of Baute & Tidus LLP in Los Angeles and handles complex civil trials in a variety of business and real estate disputes, including cases involving fraud, insurance coverage issues, professional negligence, construction defects, and intellectual property. Mr. Tidus has tried a number of lengthy complex matters, including a 240-day trial in a securities and real estate fraud case. He also has an active practice as an arbitrator and mediator over a wide range of civil disputes. Mr. Tidus is a graduate of the Straus Institute for Mediation’s Basic and Advanced Mediation training programs and is a member of the American Arbitration Association’s Complex Litigation Panel. He has also testified as an expert witness in matters involving construction defects, legal ethics, and billing practices. Mr. Tidus received his B.A. in 1976 from the University of California, San Diego, and his J.D. in 1979 from the University of California, Berkeley, School of Law.
SHIRLEY K. WATKINS is a member of Law Offices of Michels & Watkins in Los Angeles, specializing in medical malpractice and catastrophic personal injury cases. She is the author of numerous articles on discovery and is a frequent lecturer on trial techniques. She serves as a Judge Pro Tem, arbitrator, and settlement officer for the Los Angeles County Superior Court. Ms. Watkins is an emeritus member of the Board of Governors of the Consumer Attorneys Association of Los Angeles. She has served on the Board of Directors of Trial Lawyers for Public Justice, the Board of Trustees of the Los Angeles County Bar Association, and the Board of Governors of Women Lawyers Association of Los Angeles, where she is a Life Sustaining Member. She received her B.A. in 1979 from the University of California, San Diego, and her J.D. in 1982 from the California Western School of Law.
THE HONORABLE MARY E. WISS currently has a civil assignment at the San Francisco Superior Court. Before her appointment to the bench, Judge Wiss was a sole practitioner in San Francisco, specializing in personal injury, wrongful death, medical negligence, and product liability law. She is a past president of the San Francisco Trial Lawyers Association and of Queen’s Bench. Judge Wiss frequently lectures for CEB on torts, evidence, and trial practice topics and is the co-author of California Tort Damages (2d ed CEB). She received her B.A. in 1972 from the University of San Francisco, her M.S. in 1976 from the Lone Mountain College, and her J.D. in 1981 from the University of San Francisco School of Law.
ROBERT C. WRIGHT is a founding member of Wright, L’Estrange & Ergastolo in San Diego and specializes in business litigation. Mr. Wright is an adjunct professor at the University of San Diego School of Law, a life member of the American Law Institute, and currently serves as a discovery facilitator for the Contra Costa Superior Court. Mr. Wright was awarded the Spirit of CEB award in 2006, for his enormous contributions to multiple editions of CEB’s California Civil Discovery Practice and for embodying the generosity and public spirit so valued by CEB. He received his B.A. in 1968 from Occidental College and his J.D. in 1971 from the University of California College of the Law, San Francisco. Mr. Wright acknowledges Davin H. Kono, an associate with Wright, L’Estrange & Ergastolo, for his valuable assistance on this edition.
