Attorney of the Month Victor George John Moran Auctioneers and Appraisers Professional ProfileAttorney at Law Magazine is published by: Target Market Media Publications Inc. Ken Minniti PRESIDENT & CEO OF Target Market Media Publications, Inc. EXECUTIVE PUBLISHER/ EDITOR IN CHIEF Attorney at law Magazine Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Sarah Torres LOS ANGELES PUBLISHER Jaqueline Dávila GRAPHIC DESIGN Susan Cushing Veronica Jauregui ASSISTANT EDITOR Ellen Cohen Dimple Dang Roman Garagulagian Erin Joyce Matthew McMahon Laura Reathaford CONTRIBUTING EDITORS Gina Kaysen Fernandes CONTRIBUTING WRITERS Armando Antonio Images PHOTOGRAPHY Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office: 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com LETTER FROM Publisher Heroes have been on our minds constantly lately. One of the important heroes in the legal world is this issue’s esteemed Attorney of the Month Victor George. Victor’s cases have changed laws and changed lives for victims and their families—not to mention all of us who benefit from from a safer, more just world. I hope you enjoy reading about him! Adapting to this new normal is John Moran Auctioneers and Appraisers. The showroom might be temporarily closed, but its boosted online presence is making it even easier not only for con- noisseurs to bid on treasures, but also for attorneys to aid their clients with liquidating their property and more. This issue also brings the introduction of two dynamic new contributing editors. Laura Reathaford, leader of Lathrop GPM’s Employment practice, will share important information AB 5, wage-and-hour issues, PAGA and more. Erin Joyce will draw on her vast experience as a State Bar prosecutor to impart critical advice on keeping attorneys on the straight and narrow. I couldn’t be more excited to welcome them aboard. Read, learn and enjoy! Stay safe, all you heroes! Sarah Torres Publisher storres@attorneyatlawmagazine.com (323) 539-3983 Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. CONTRIBUTING Editors DIMPLE DANG LEGAL MARKETING ROMAN GARAGULAGIAN FORENSIC ECONOMICS MATTHEW MCMAHON FORENSIC ECONOMICS LAURA REATHAFORD EMPLOYMENT LAW ERIN JOYCE LEGAL ETHICS ELLEN COHEN LEGAL COACH ATTORNEY AT LAW MAGAZINE · LOS ANGELES · VOL. 6 NO. 2 4TABLE OF Contents DOWNTOWN LOS ANGELES SACRAMENTO SAN DIEGO SAN FRANCISCO SANTA ANA WEST LOS ANGELES WWW.JUDICATEWEST.COM | (800) 488-8805 • A respected roster of neutrals, including former state and federal judges, skilled attorney mediators and arbitrators. • Well-appointed conference rooms designed to maximize comfort and productivity. • Case consultants, each with over 20 years of experience in helping you select the right neutral for your challenging matters. • A dedicated staff of ADR professionals who will exceed your every service expectation. • A reputation for delivering results, cultivated over 26 years. THE GOLD STANDARD DIFFERENCE 6 SB 806 and the Proposed New Test for Independent Contractor Misclassification By Laura Reathaford 7 John Moran Auctioneers and Appraisers Professional Profile 8 Practicing Law in Interesting Times By Erin Joyce 9 11 Social Media Tools and Apps You Can Use for 2020 And Beyond By Dimple Dang 10 Embrace Change for a Balanced Practice and Life By Ellen Cohen 11 Offsetting the Increased Tax Burden Resulting from a Lump Sum Award By Roman Garagulagian Ph.D. & Matthew McMahon Ph.D. 12 Victor George Attorney of the Month 20 How to Identify If Your Case is Press Worthy By Gina Kaysen Fernandes 22 Staying Positive and Productive During the COVID-19 Pandemic By By Terrie S. Wheeler SPECIAL SECTIONS 23 Talk of the Town 24 Out on the Town 12 AttorneyAtLawMagazine.com 5On April 30, 2018, the Cali- fornia Supreme Court issued Dynamex Opera- tions West Inc. v. Superior Court of Los Angeles where it set forth the “ABC” test for determining whether a worker is an independent contractor. Under the ABC test, a worker is deemed to be an independent contractor if the hiring entity proves that a worker: A. Is free from the control and direc- tion of the hiring entity in connec- tion with the performance of the work. B. Performs work that is outside the usual course of the hiring entity’s business. C. Is customarily engaged in an in- dependently established trade, oc- cupation or business of the same nature as the work performed. The California legislature codified a slightly modified Dynamex test in AB 5, adding Section 2750.3 to the California Labor Code effective Jan. 1, 2020. However, AB 5 contained 57 exceptions and carve-outs for various industries, professions and businesses (subjecting these “carve outs” to a less stringent test under S. G. Borello & Sons Inc. v. Department of Industrial Relations). Since then, dozens more exceptions have been proposed, with most of the bills expanding the list of occupations not required to be considered an em- ployee. In the wake of what can only be characterized as legislative chaos surrounding who might be subject to Labor Code Section 2750.3, SB 806 was introduced to repeal this law alto- gether and propose a new test. SB 806 states: The bill would [repeal Labor Code Section 2750.3] and…establish a new test that, for purposes of specific pro- visions of the Labor Code govern- ing the relationship of employer and employees, a person providing labor or services for remuneration is con- sidered an employee rather than an independent contractor, unless the hiring entity demonstrates that the person is 1. free from the control and direction of the hiring entity in con- nection with the performance of the work, both under the contract for the performance of the work and in fact, determined by a preponderance of factors, with no single factor of con- trol being determinative, and either that 2. the person performs work that is outside the usual course of the hir- ing entity’s business, or the work per- formed is outside the place of busi- ness of the hiring entity, or the worker is responsible for the costs of the place of the business where the work is performed, or that 3. the person is customarily engaged in an indepen- dently established trade, occupation or business of the same nature as that involved in the work performed. Remarkably, this proposed “new” test is really a variation of the ABC test which the California Supreme Court rejected in Dynamex. While a more flexible multi-prong “Part B” had been proposed, the Court held that Part B of the test could only be established where the work is outside the usual course of the business of the hiring entity. If adopted, SB 806 would give hir- ing entities much more flexibility with respect to the use of independent con- tractors. Under the proposed test, a worker would be properly classified if it establishes the first prong and ei- ther one of the sub-factors of second prong or the third prong. This significant change to prong B of the ABC test will allow individuals to perform work of a similar nature for like companies as an indepen- dent contractor. The proposed new law would also provide clarity about which test applies. For instance, SB 806 does not “carve out” certain in- dustries or professions and subject them to a different test (i.e., the Borel- lo test noted above). As it currently stands, the number of exemptions and proposed exemptions could be described as “swallowing the whole” legislation. Should SB 806 be adopted, every situation is evaluated against a common standard. Independent-contractor issues are prevalent. However, only California and Massachusetts follow the Dy- namex standard (and in Massachu- setts, a lesser standard is used in the Unemployment Insurance context). In California, the stakes are high for businesses on the wrong end of mis- classification litigation, including the payment of lost wages and it benefits payable to individuals a court deter- mined workers were improperly clas- sified as independent contractors. Businesses are also exposed to rep- resentative claims for civil penalties under PAGA ranging from $5,000 – $25,000 per misclassified worker, plus attorneys’ fees. Tax penalties can also quickly mount. Given this ex- treme exposure, California businesses would be wise to support SB 806 in an effort to gain clarity on the law, avoid potentially hefty fines when they seek to engage workers in like industries, and increase the potential retention of independent contractors when de- sired. LAURA REATHAFORD | Employment Law Laura Reathaford leads Lathrop GPM’s California Employment practice from its Los Angeles office, providing em- ployment legal services to the firm’s California-based clients and clients with California-based employees. She focuses her practice on wage and hour class and collective actions with a particular emphasis on representative actions under California’s Private Attorneys General Act. Reathaford represents the management of businesses across the country in the banking, grocery, fashion retail, manufacturing, healthcare and construction industries. She defends and advises clients on issues related to COVID-19, terminating employees, complying with leave and disability rules, and state and federal wage and hour laws. SB 806 and the Proposed New Test for Independent Contractor Misclassification ATTORNEY AT LAW MAGAZINE · LOS ANGELES · VOL. 6 NO. 2 6Noelle Valentino, department manager, and Morgana Blackwelder, senior vice president, of the Trusts and Es- tates Department at John Moran Auctioneers and Ap- praisers. Blackwelder grew up in the antiques business and has spent 17 years in the auction sector and Valentino has worked for museums, auctions and commercial galleries. AALM: Tell me about the history of John Moran Auc- tioneers. MB: More than 50 years ago, John Moran Auctioneers was founded on the premise of providing the highest level of service and professional standards to collectors, con- noisseurs, trustees and executors. As a family-owned and -operated auction house, a personalized approach remains our trademark, whether a client is selling a single item or an entire collection or liquidating an estate. We pride our- selves on our hard-earned reputation of honesty, integrity and stellar results. AALM: What is John Moran’s relationship with attor- neys? NV: We have developed partnerships throughout Southern California and beyond through our longtime in- volvement in estate planning councils, fiduciary roundta- bles and bar associations. John Moran Auctioneers works closely with divorce lawyers, family law professionals and trusts and estates attorneys who are aiding their clients with the division or distribution of assets, liquidation or settlement of an estate, or other matters related to per- sonal property. AALM: Who are the professionals behind the apprais- als? NV: We have a team of seasoned experts: gemologists, horologists, art historians, former antiques dealers and a slew of other talented arts professionals on staff. The Moran team of USPAP-compliant appraisers work with private collectors, trust administrators, attorneys and mu- seums. AALM: What are some of the most interesting items that have been up for auction, past and present? NV: With over 200 years of combined experience, our team sees a plethora of valuable items, however, what often prompts the most excitement are pieces that offer histori- cal significance. Take the Chantland Blanket named for the Norwegian explorer who acquired the Navajo weaving in 1870 and handed it down to his great-great grandson. The blanket was one of only a handful ever made, ulti- mately selling for $1.8 million. MB: Some of my personal favorites were a collection of 11 watercolors done by Chinese-American artist Jake Lee found in a Chinese restaurant in Los Angeles during re- cent renovation. Each depicted historical scenes showcas- ing the contributions of Chinese immigrants in California. AALM: How does one bid on an item? NV: Each auction is live streamed on our website, as well as posted on Live Auctioneers, Invaluable and Artsy, three leading bidding platforms. These aggregators host online auctions for an international audience. Buyers ultimately have the choice in how to bid — in-person from our Los Angeles saleroom, by telephone, via absentee bid or on- line. AALM: How is John Moran operating during the COVID-19 crisis? MB: Despite the need for physical distance, we are up and running from our respective home offices. While we have suspended in-person bidding for the time being, Moran’s has several exciting online sales slated for the coming weeks. In addition, we’ve been scheduling video- based consultations with clients and collectors. We’re even planning a virtual happy hour with our professional net- work. Finally, in keeping with our founder’s philanthropic legacy, John Moran Auctioneers will match donations up to 2.5% of net consignment proceeds for the duration of 2020. We have selected several charities that seek to allevi- ate the burden COVID-19 has placed on our communi- ties. John Moran Auctioneers and Appraisers PROFESSIONAL PROFILE AttorneyAtLawMagazine.com 7ERIN JOYCE | Legal Ethics Erin Joyce specializes in State Bar defense, moral character proceedings and ethics consultations. In her more than 18 years as a State Bar prosecutor, she gained extensive experience in State Bar investigations and disciplinary pro- ceedings. She has handled all aspects of discipline cases against attorneys in State Bar Court, from the filing of the complaint through trial and review. She has personally tried dozens of State Bar trials and several appeals, and she has a comprehensive understanding of how State Bar investigations and proceedings unfold. She can be reached at (626) 314-9050 and erin@erinjoycelaw.com. Practicing Law in Interesting Times There is a Chinese curse which says, ‘May he live in interesting times.’ Like it or not, we live in interesting times. They are times of danger and uncertainty; but they are also the most creative of any time in history.1 The first months of 2020 have been “interesting times” fraught with dan- ger and fear, but also creativity and innovation. In the age of social dis- tancing and shelter in place, it has not been possible to continue to insist on in-person depositions, or even in- person hearings. Courts and counsel who previously resisted technology, like e-service and remote meetings, have become proficient at logging in on Zoom and embracing all sorts of new online platforms. Attorneys who had practiced hardball tactics in the name of zealous advocacy have been forced to rethink their strategy when courts were unavailable to hear their petty, expensive squabbles. If there is a silver lining to the COVID-19 pan- demic, it is the renewed focus on pro- fessional courtesy and the technology which has streamlined litigation. The Los Angeles County Superior Court’s Guidelines for Civility in Liti- gation provide that “[a] lawyer should advise clients against the strategy of granting no time extensions or con- tinuances for the sake of appearing ‘tough.’”2 As soon as the pandemic started to spread, the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee urged: Given the current circumstances, attorneys should be prepared to agree to reasonable extensions and continuances as may be necessary or advisable to avoid in-person meetings, hearings or deposition obligations.3 But not all attorneys got the mes- sage. No history book which will ex- plore the origins of the epidemic will report that 2020 was business as usu- al. And attorneys who did not see the major shift in focus were in for quite a surprise from judges who were in the middle of shuttering courthouses and emptying the jails to prevent the virus’ steady spread. In one now infamous case, United States District Court Judge Steven C. Seeger of the Northern District of Illinois dressed down the holder of several copyrights of unicorn draw- ings for pursuing an emergency tem- porary restraining order while “the world is in the midst of a global pan- demic.” In a blistering opinion, the court stated: Plaintiff argues that it will suf- fer an ‘irreparable injury’ if this Court does not hold a hearing this week and immediate[ly] put a stop to the infringing unicorns and knock-off elves. . . . If ever there’s a time when emergency motions should be limited to genuine emergencies, it is now. . . . The filing calls to mind the sage words of Elihu Root: ‘About half of the practice of a decent lawyer is telling would-be clients that they are damned fools and 1. Website: John F. Kennedy Presidential Library and Museum; Speech title: Day of Affirmation Address; Speaker: Robert F. Kennedy; Speech Location: Uni- versity of Capetown, Capetown, South Africa; Speech Date On Website: June 6, 1966; Website information: “The John F. Kennedy Presidential Library and Museum is dedicated to the memory of our nation’s thirty-fifth president”, https://www.jfklibrary.org/learn/about-jfk/the-kennedy- family/robert-f-kennedy/robert-f-kennedy-speeches/day-of-affirmation-address-university-of-capetown-capetown-south-africa- june-6-1966 (Accessed jfklibrary.org on April 15, 2020). 2. LASC Local Rules, Chapter Three, Civil Division, Appendix 3.A (a)(3). 3. Website: Los Angeles County Bar Association, Statement by the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee, https://www.lacba.org/about-us-menu/lacba-committees/standing-committees/professional-responsibili- ty-and-ethics, (Accessed lacba.org on April 14, 2020). 4. Art Ask Agency v. The Individuals, Corporations, etc. , Case No. 1:20-cv-01666, Slip Op. at 1 (N.D. Ill. March 18, 2020) (2020 WL 1427085). should stop.’ See Hills v. Norfolk and Western Railway Co., 814 F.2d 1192, 1202 (7th Cir. 1987). . . . The world is facing a real emer- gency. Plaintiff is not.4 The COVID-19 pandemic and the resulting court closings have forced practitioners to learn new ways to move their cases along. Rule of Pro- fessional Conduct 1.1 requires attor- neys to provide legal services with competence, including remaining abreast of current technologies. At- torneys have scrambled to move their practices online and to learn new platforms to interact with clients, the courts and each other. Rule 1.3 man- dates that attorneys exercise “reason- able diligence.” To pursue cases with “reasonable diligence,” attorneys have participated in video depositions and have found that they are a useful, cost-effective alternative. Even sig- nificant hearings have moved forward remotely, proving that the advances made possible by technology were valuable and did not short-change the litigants. The crisis created by the pandemic became an opportunity for innovation. With many sacrifices and losses, come advances and new opportuni- ties. The interconnectedness of the global community has made us all realize that a problem which started a world away could have devastating consequences here at home. But fear has also fostered creativity. Perhaps the most lasting result of the pandem- ic will be a fundamental change to the age-old practice of law. Interesting times indeed. ATTORNEY AT LAW MAGAZINE · LOS ANGELES · VOL. 6 NO. 2 8RecordScreen.io. You can use this tool to record your screen and camera simultaneously. It will give you the option to choose Screen + Cam or Screen Only. Once you pick the option you want, you can then allow permissions to access your camera and mic in case you want to record yourself speaking. This is a Web-based tool that is simple to use straight from your browser. You can find it from Chrome, Firefox and Safari. Woven. If you have ever been frustrated going back and forth trying to schedule a meeting with multiple partners and clients at the same time and trying to figure out a time that works for everyone, you are not alone. This is a calendar and pro- ductivity app allows you to send a link to schedule meetings with people uti- lizing the pre-determined times that you are available. It also allows you to send a group scheduling poll so that people can check off the times they are available, and it will then choose the best time that works for everyone. In addition, this app gives you the ability to pick from and set up mul- tiple templates for various purposes. You can use the Woven app for Mac, Windows and iOS app, and Android will be following soon. Socialmediatoolscomparison. com. This useful tool allows you to eas- ily compare the pricing and features of different social media management tools. With so many different op- tions when it comes to social media management tools, this tool makes it a seamless process to compare ven- dors/tools and determine the best one based on your budget and needs. Quicc.io. This is Web- based and mo- bile app utilizes AI to automatically transcribe and write captions into your videos. It works for both vertical and horizontal videos. TLDR This. This Chrome or Firefox brows- er extension automatically summariz- es online content in five bullet points for quick reading. It is also an easy way to share a case article findings in a concise format with colleagues. Tweet Photo. This tool al- lows you to share an Instagram im- age as a native tweet. Users may tweet higher-quality images than they nor- mally would. It creates a tweet with a link to the photo on Instagram in- stead of just showing the photo. It is a great way to get more traffic from Twitter back to your Instagram profile or business page. Siri. If you have an Apple device such as an iPhone or iPad, then Siri can be a great tool for so many rea- sons, including using it to send you reminders. Instead of having to con- sistently look at your calendar, you can ask Siri to send you a reminder to call a client back at a particular time. LogMeIn. This is a very useful tool that allows you to access your desktop when you are out of the office or do not have access to your desktop. This can come in handy if you forgot to bring an important file or document with you to court or a meeting with a client. If you don’t want a LogMeIn account, then a good alternative is to have Dropbox account set up and to also have the app downloaded to your mobile device so that you can find any commonly used documents quickly and easily when you are on the go. Rapportive. This tool for Gmail users shows you extra infor- mation about your contacts if you are using Gmail. When you open up your Gmail account, you can click on a contact and that person’s Linke- dIn profile will appear on the right. It is handy tool to quickly familiarize yourself with outside counsel or new clients. It may also show you if they are telling you different things from what they are posting on their Linke- dIn profile. Rapportive is an add-on for Firefox and Chrome. This app was acquired by LinkedIn. Focus Booster App. This app helps you to focus better and keep track of how you spend your time. It helps you overcome distrac- tions and be more productive. Todoist. This app can be downloaded on your Android of iOS device. It is a multi-platform planner that keeps things efficient with a clean, sleek interface and task- management features. Some of the features include one-off or recurring tasks, color-coded priority levels, shared projects and productivity graphs that record your progress. It also has powerful integra- tion with Dropbox, IFTTT and Slack. DIMPLE DANG | Legal Marketing Dimple Dang is a legal marketing specialist and consultant with more than 15 years of experience in the legal indus- try. Her expertise in marketing includes website design, email marketing, SEO, blogging, PPC, social media market- ing, podcast production and video production. She speaks professionally at many professional groups and organi- zations all over the United States. To connect with Dimple, email her directly at dimple@digitalmediadiva.com or send her a message on LinkedIn 11 Social Media Tools and Apps You Can Use for 2020 And Beyond AttorneyAtLawMagazine.com 9Next >