san diego law updates

November 16, 2009
San Diego Law Updates
www.sdbj.com
Page A27
Supplement
san
Diego
Law
updates
INSIDE:
Why hire in-house
counsel?
– Page A29
Cal Western has
much to offer aspiring
lawyers.
– Page A30
San Diego Law Updates
www.sdbj.com
November 16, 2009
ÊÊÊÊÊ
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Events
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Most
AdMired
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Page A28
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Congratulations to the Most admired CEo of the year Finalists
andy abramson
Hany girgis
Bryan Mallindine
debra Rosen
Brent altomare
Jeff goldberg
Michael Mercurio
Niels Rydder
Matt Baker
Jeff Harper
Micha Mikailian
Mark Schulze
Eric Basu
John Heffner
david oates
Juliet Singh, Ph.d.
douglas Burke
Patrick Henry
irene oberbauer
John Sommatino
Reid Carr
Jim Hollen
John ohanian
david Strobel
Robert Christie
Bruce Hueners
Maria olson
Maureen Sullivan
irma Cota
Mel Katz
William Pollakov
Shannon thompson
Michael Covert
dan Khabie
andreas Roell
david Wescoe
Joe Craver
John Klinedinst
Linda Rose
Comunicano Inc.
Groovy Like A Movie
Feast On This
Sentek Global
DefenseWeb Technologies
Red Door Interactive
3E Co.
North County Health Services
Palomar Pomerado Health
American Red Cross San Diego /
Imperial Counties Ch.
george deVries iii
American Specialty Health
Lisa druxman
Stroller Strides
david duong
Shoe Metro
Julian duval
San Diego Botanic Garden
Keith Michael Esshaki
GTC Systems Inc.
ted Fogliani
Outsource Manufacturing Inc.
douglas Ford
The I.T. Pros
aaron Fulkerson
MindTouch Inc.
Raj ganti
SQL Star
Bruce geier
Techonology Integration Group
Bill geppert
Cox Communications
SGIS
Flexiciser International
Cali Bamboo
San Diego North Chamber of Commerce
San Diego Association of Realtors
Harper Construction Co.
Oaks Creek
eBoost Consulting
Creative Nail Design
Crystal Pyramid Productions
Stalwart Communications
Entropic Communications
Transdel Pharmaceuticals
San Diego County Credit Union
Rich Ltd
Laptops Plus
211 San Diego
Space Micro Inc.
The Cystic Fibrosis Foundation
Palomar Technologies
Manpower
San Diego Magazine
Bikes for Kids Foundation Inc.
Digitaria
Shakti Rising
Geary Interactive
Klinedinst PC
San Diego City Employees’ Retirement System
Rose Business Solutions
greg Koch
Stone Brewing Co.
Ken Kuang
Opening Remarks by
Jason Kulpa
5IF)POPSBCMF.BZPS+FSSZ4BOEFST
Torrey Hills Technologies
Underground Elephant
James Lasswell
Lifetime
Achievement
Award
Judy Lawton
Pat Hyndman
Vistage Group Chair
Vistage International Inc.
Raj Lahoti
OnlineGURU Inc.
INDUS Technology Inc.
TLC Staffing
Christopher Lee
November 18, 2009
Special awards Reception
4:00 - 7:00 pm
San diego Marriott Hotel & Marina
San Diego Ballroom
333 W. Harbor Drive
San Diego, CA 92101
Exemplary
Award
ACCESS Destination Services
Bob Leone
Mr. Copy
Paul Hering
CEO
Barney & Barney LLC
gary Levine
G.S. Levine Insurance Services Inc.
Co-Sponsors
Michael Lombardi
Lombardi Contraction Corporation
Fred Maas
Black Mountain Ranch LLC & Centre City
Development Corp.
REgiStER today!
Registration
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3. By email at [email protected]
4. By Fax to: 858-277-6398
5. By mail to:
Company Name:
Contact Name:
Company Address:
Title:
City/State/Zip:
Email:
Group of 10 $400 • Individual Tickets $45
Group of 10
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San Diego, CA 92123
Cancellation not accepted
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San Diego Law Updates
November 16, 2009
www.sdbj.com
Page A29
Should My Company Have an
In-House Law Department?
By Jim Edwards
The trend over the past 20 to 30 years
is for more and more mid-size to small
companies to bring lawyers in-house as
key members of the management team.
As the company grows or the complexity
of its activities increases, the law
department should add the specialized
skills to address the new issues the
company faces.
CEOs are often reluctant to obligate
their company for cost of a lawyer. The
simple cost benefit analysis would lead
the CEO to defer the hire until the costs
of paying outside counsel fees for routine
legal work reach the costs of bringing
someone in-house. Of course, once that
cross-over point is reached, the hiring
decision is an easy one.
However, the decision to hire a
corporate attorney is more than just a
simple weighing of dollars. It should also
involve what an in-house counsel can add
to the strategic planning process and the
preventative law aspect of a business.
These considerations will provide benefits
to a management team far in excess of an
analysis of where legal dollars are spent.
If a CEO were to consider hiring an inhouse lawyer merely as a legal functionary
to grind out contracts and chase collections,
one can expect that the arrangement will
not work well for either the CEO or the
lawyer. Attorneys who gravitate to in-house
Jim Edwards
The decision to hire a corporate attorney is more than
just a simple weighing of dollars. It should also involve
what an in-house counsel can add to the strategic
planning process and the preventative
law aspect of a business.
practice will be people who want to be
engaged in the business at various levels
and contribute more than just being a
lawyer. They see themselves as a business
person as well as a lawyer.
The best use for an in-house counsel
are as key members of the management
team, whether that is at the executive
level for the general counsel, or at the
subsidiary or divisional level for other
legal professionals. In-house counsel
positioned as valued members of the
business teams will add perspective
and strategic thinking to the business
process as well as their legal experience
and training.
Effective in-house counsel will assist
the business team members accomplish
their goals in a legally efficient and ethical
manner. They will help identify where
lay the legal pitfalls and how to avoid
them. There are lawyers who have the
reputation of “business killers” in some
organizations because they see their
job as promoting total risk avoidance.
However, most in-house counsel will seek
to find ways to assist in business capture
and expansion because they understand
that their success is tied to the success
of the enterprise.
As a caution, if a CEO has a lawyer who
does aspire to complete risk avoidance,
or creates bottlenecks in the business
process, that lawyer should be replaced.
Inasmuch as everything about business
entails risk, the in-house lawyer should
point to the risks, seek to mitigate them
and then present the decision maker with
an informed set of alternatives in a timely
manner.
Another advantage to having an inhouse lawyer includes the lawyer’s ability
to understand the business, the policies,
the people, the goals and risks of the
company in detail. It is of tremendous
advantage in getting to the root of an issue
to know who in the organization has the
most accurate information. It is often not
the person with a specific title. Further,
as the employees gain confidence in the
business sense and legal skills of the inhouse lawyer, they will bring them into
matters sooner so downstream problems
and delays are avoided.
My experience ranges from international
conglomerates to mid-sized companies
to startups, and in industries as varied
as energy, technology, defense, biotech
and transportation. It does not matter the
size of the company or the industry, all
can and will benefit from hiring the right
in-house attorney.
Jim Edwards is vice president, general
counsel of Cubic Transportation Systems
Inc., and assistant general counsel of Cubic
Corporation.
Page A30
San Diego Law Updates
www.sdbj.com
November 16, 2009
A Law School
Devoted to the Big Picture
By Pam Hardy
California Western School of Law is
an independent law school in downtown
San Diego, at the heart of the region’s
legal and judicial community. For more
than 80 years, Cal Western has educated
lawyers who are dedicated to improving
the lives of their clients and the quality of
the legal system – lawyers who frame the
practice of law as a helping, collaborative
profession.
Broad-Based Skills Development
Cal Western provides a rigorous,
traditional legal education with an
emphasis
on
developing problemsolving, communication, writing and
analytical thinking skills. This broad
skill-base allows students to see the
For more than 80 years,
Cal Western has educated
lawyers who are dedicated
to improving the lives of their
clients and the quality of the
legal system – lawyers who
frame the practice of law
as a helping, collaborative
profession.
big picture, and evaluate the social and
economic context behind a wide array of
legal problems in order to find the best
possible outcome for their client.
Degrees Offered
In addition to the traditional Juris
Doctor degree, Cal Western offers dual
degrees in conjunction with the UC San
Diego and San Diego State University,
including:
• J.D./M.B.A., with SDSU College of
Business Administration
• J.D./M.S.W., with SDSU School of
Social Work
• J.D./Ph.D. History, with UC San
Diego
• J.D./Ph.D. Political Science, with UC
San Diego
Cal Western partners with UC San
Diego to offer a joint graduate degree in
health law, the only program of its kind
in the Western United States, to working
professionals in health care and the
law. Professionals seeking additional
credentials beyond a Juris Doctor degree
can pursue a Master of Laws degree in
trial advocacy and comparative law.
Innovative Programs, Real World
Experience
Cal Western offers student the
opportunity to participate in a number
of institutes and programs offering real
world experience and the chance to make
a difference in their city, their country and
their world.
Through the Institute for Criminal
Defense Advocacy, students can research
and investigate real-life criminal cases
and help free the wrongly convicted with
the California Innocence Project, or work
with local high school students as part of
the Street Law and Law High programs.
Students with an international focus can
help train legal and governmental officials
with Proyecto ACCESO, a rule-of-law
training program, or study the struggle
for justice and effects of globalization in
Chile through the Justice in the Americas
program.
Dedicated Faculty
The Cal Western faculty consists of
a collegial community of scholars and
practitioners. Among them are some of
the nation’s leading scholars in areas of
international law, law of the sea, health
law, gender and sexuality law, and
other disciplines. Their involvement and
leadership in national and international
organizations provide students access
to cutting-edge legal scholarship and
new approaches to problem solving.
Professors bring this experience and
insight into the classroom, going beyond
traditional curricula and exposing
students to a broad array of ideas.
What Law School Ought to Be
Through its emphasis on both theory
and practice, rigorous academics, and
renowned real-world institutes and
programs, Cal Western invites students
to explore the wide expanse of the law in
a school devoted to the big picture.
An advertorial submitted by California Western
School of Law. Pam Hardy is associate director
of marketing and communications at Cal
Western. For more information, please visit
CaliforniaWestern.edu.
GARY PUCKETT sings his hits . . . ONE NIGHT ONLY
with Comedy of Steve Kelley, Benny Hollman Orchestra,
LIVE Auction, Fabulous Duo-Entree Dinner
Saturday, November 21 ~ Harrah's Rincon Casino & Resort
A benefit evening for The Angel's Depot
who has provided over 425,000 senior meals,
free of charge, for our local elderly poor.
Gary Puckett
Six-Time Gold Record
Recording Artist
$150 per Person /Tables of 10 Guests $1,500
Call for reservations: (760) 599-7093
or visit www.theangelsdepot.org
Steve Kelley
Comedian
Political Cartoonist
November 16, 2009
50
San Diego Law Updates
www.sdbj.com
+
Intellectual ProPerty
lawyers
Largest IP Law Firm in San Diego
Knobbe Martens was recognized as the largest intellectual property
law firm in San Diego in an annual survey conducted by the San Diego
Daily Transcript. The San Diego office of Knobbe Martens has over 50 IP
attorneys, all with science or engineering degrees, including 17 Ph.Ds.
With this depth of technical expertise, they are able to serve clients in all
technical areas, including biotech, chemical/pharmaceutical, medical
devices, telecommunications, and software.
Knobbe Martens represents a variety of clients worldwide, from startups to Fortune 500 companies, in all areas of intellectual property,
including patents, trademarks, copyrights, trade secrets, and related
litigation. Founded in 1962, the firm is one of the largest intellectual
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Page A31
Page A32
San Diego Law Updates
www.sdbj.com
November 16, 2009
&
Present the
2010 economic trends
Event
January 7, 2010 • 7:30 - 10:00 am
Confirmed Panel of Experts
Town and Country Hotel & Convention Center
Golden Pacific Ballroom
MODERATOR
Rafael Pastor
– Vistage International
500 Hotel Circle North, San Diego, CA 92108
Dana Johnson
Breakfast will be served
Senior Vice President /Chief Economist
– Comerica Bank
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Susan Afan
Senior Regional Vice President
– Robert Half International
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Trindl Reeves
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Principal
– Barney & Barney
Lee Duran
Partner
– BDO Seidman LLP
Co-sponsored by:
Shelly McGuire
Partner
– BDO Seidman LLP
Mary Ann Barnes
Senior Vice President and
Executive Director
Kaiser Permanente San Diego
Gary H. London
President
– The London Group
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Registration
Options:
1. Online at www.sdbj.com
2. By phone at 858-277-6695
3. By email at [email protected]
4. By Fax to: 858-277-6398
5. By mail to:
Company Name:
Contact Name:
Company Address:
Title:
City/State/Zip:
Updated 11/12/09
Email:
Table of 10 $400 • Individual Tickets $45
Table(s) of 10
San Diego Business Journal
4909 Murphy Canyon Road #200
San Diego, CA 92123
Cancellation not accepted
7 days prior to event.
Phone:
$400
$45
Billing address if different
than above address: