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& Holtz v. Maura
Larkins defamation

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Does First Amendment
allow citizens to
investigate public
officials?
Ray Artiano deposition
Nov. 8 2007
Stutz Artiano Shinoff &
Holtz
Maura Larkins
deposition June 16 2008
Why did the San Diego
ACLU 's head counsel
David Blair-Loy "take no
position" regarding the
constitutionality of the
modified injunction that
was so soundly rejected
by the Court of Appeal in
this case?

Blog posts re David
Blair-Loy

The reason seems to lie in
the interesting relationship
between David Blair-Loy
and Plaintiff partner
Daniel Shinoff.  

It seems that Blair-Loy
likes to go very, very easy
on violations on the
constitution in San Diego
schools.  He refused to
name San Diego Unified
School District in the
ACLU's lawsuit regarding
student fees, although he
had been informed of
many specific violations by
parent Sally Smith.  

Further, the San Diego
ACLU failed to press the
issue of teacher layoffs by
seniority in low-
performing schools even
after the Los Angeles
ACLU won a lawsuit on the
issue.  The  layoffs
caused many schools in
low income areas to lose
almost every teacher.

But what is motivating
David Blair-Loy to behave
this way?  I am wondering
if it might be his desire for
personal approval from
San Diego lawyers.  He
wouldn't have received his
award for civility from the
San Diego Bar
Association if he hadn't
been
"highly civil" in his
dealings with Dan Shinoff,
who is the favorite lawyer
of local school districts.
Injunction Appeal
Procedural History
Statement of Facts
Argument
Reply
Stutz' Respndents Brief
Blog posts about this
case
Stutz Artiano Shinoff &
Holtz v. Maura Larkins
defamation case

Injunction against this
website overturned in
California Court of
Appeal on Aug. 5, 2011

Judge Judith Hayes'
injunction forbidding a
teacher from mentioning
the names of school
lawyers was overturned.
San Diego Education Report
SDER
San Diego
Education Report
SDER
SDER
SDER
Last updated: 1/9/2013 12:08:22 PM
Adjunct Faculty
The following legal practitioners graciously share their expertise with students of California
Western.  [Downloaded Mar. 31, 2013]

James F. Holtz
Stutz Artiano Shinoff & Holtz, San Diego, California
teaches Insurance Law & Litigation
Fall 2012
James Holtz
class: Insurance Law & Litigation                     
contact: jholtz@stutzartiano.com
office hours: by appointment

Art Neill
[Not directly connected with Stutz, but his New Media Rights organization refuses
to oppose unconstitutional injunctions obtained by Stutz--see more below]
New Media Rights, San Diego, California
teaches Social Media & the Law
Art Neill
Spring 2013
class: Social Media & the Law
contact: art@newmediarights.org or 619-591-8870
office hours: by appointment




Cal Western graduates working for Stutz Artiano Shinoff &
Holtz

Lesa Wilson, Shareholder, Public Entity, General Tort Litigation, Employment, Education
University of Iowa, 1980
California Western School of Law, J.D., cum laude, 1983

Lesa Wilson represents employers in all aspects of the employment relationship. Her clients include
private businesses and public entities, including school districts, colleges, and cities, as well as their
employees. Ms. Wilson has extensive advisory experience including formulating policies and procedures,
preparing employee handbooks, training employees and supervisors, conducting internal investigations
and recommending preventative, disciplinary and corrective action.  Ms. Wilson also has substantial
experience in the defense of employers in employment-related litigation, including harassment,
discrimination and wrongful termination matters....--downloaded Sept. 21, 2013 from
Stutz website


Paul V. Carelli, IV | Stutz Artiano Shinoff and Holtz
stutzartiano.com/attorneys/attorney-search/c/paul-v-carelli-iv/Paul V. Carelli, IV, obtained his
undergraduate degree from the University of Notre Dame in Indiana in 1989, and graduated
cum laude from California Western ...

Casey Shaw | Stutz Artiano Shinoff and Holtz
stutzartiano.com/attorneys/attorney-search/s/casey-shaw/Mr. Shaw graduated cum laude
from California Western School of Law and served as an associate editor for California
Western Law Review. He received ...

Caroline A. Hopkins | Stutz Artiano Shinoff and Holtz
stutzartiano.com/attorneys/attorney-search/h/caroline-a-harvey/During law school, Ms.
Hopkins served as an associate editor of the California Western Law Review and the
California Western International Law Journal.

William B. Shinoff | Stutz Artiano Shinoff and Holtz
stutzartiano.com/attorneys/attorney-search/s/william-b-shinoff/Mr. Shinoff graduated cum
laude from California Western School of Law and served as an associate editor for California
Western Law Review. He received an ...

[I'm not the only one interested in the connections between Cal Western and Stutz law
firm.  The following
ready-made list is available on the Internet.  Quite a few new
names would appear on the list today.]

256843        2008-06-05        Active        Christina Marie Cameron        Stutz Artiano
Shinoff & Holtz        Stutz Artiano Shinoff & Holt
Univ of California San Diego; La Jolla CA        California Western SOL; San Diego CA        
Public Law

255290        2008-03-06        Active        
Caroline Anne Harvey        Stutz Artiano Shinoff &
Holtz        Stutz Artiano Shinoff & Holt
43513 Ridge Park D
Temecula, CA 92590
Univ of California Riverside; CA        California Western SOL; San Diego CA     

254126        2007-12-07        Active        
Scott Joseph Ingold        Stutz Artiano Shinoff &
Holtz        Stutz Artiano Shinoff & Holt
2488 Historic Decatur Rd #20
San Diego, CA 92106
Wheaton Coll; Wheaton IL        California Western SOL; San Diego CA        
Insurance, General Tort Litigation, Native American Law, Corporate

Scott Ingold joined Stutz Artiano Shinoff & Holtz in 2007.  He maintains a diverse litigation
practice that focuses on business disputes, personal injury and pharmacy malpractice, and
insurance coverage work.  Since joining the firm, Mr. Ingold has been in numerous bench
and jury trials, including several wrongful death cases.  He has also been involved in a
number of appellate disputes, and argued a complex procedural issue before California’s
Fourth District Court of Appeal, which rendered a decision in favor of his client.

Before joining Stutz Artiano Shinoff & Holtz, Mr. Ingold gained significant experience in the
area of insurance defense matters where, as a certified law student, he successfully argued
motions and small claims appeals in various California state courts.  In law school, Mr. Ingold
served as the Editor in Chief of the California Western International Law Journal. He received
Academic Achievement Awards for classes in Trial Practice, Insurance Law, and Gift and
Estate Tax. In 2006, Mr. Ingold took first place in the Gill Oral Advocacy Competition and
second place in the University of Oklahoma Indian Law Writing Competition.--from Stutz
website May 16, 2014

239741        2005-12-01        Active        
Julie Diane Hazar        Stutz Artiano Shinoff &
Holtz        Law Office of Robert B. Titu
13985 Stowe D
Poway, CA 92064
Arizona St Univ; Tempe AZ        California Western SOL; San Diego CA       

221856        2002-12-02        Active      
  Susan Heather Gilmor        Stutz Artiano Shinoff &
Holtz        4554 Ariane Wa
San Diego, CA 92117

Michigan State Univ; E Lansing MI        California Western SOL; San Diego CA        

217145        2001-12-04        Active        
Brandi Gayle Stelter Wallace        Stutz Artiano
Shinoff & Holtz        PO Box 1923
San Diego, CA 92159

Texas Tech Univ; Lubbock TX        California Western SOL; San Diego CA        

206983        2000-06-01        Active        
William Christophe Pate        Stutz Artiano Shinoff
& Holtz        Stutz Artiano Shinoff & Holt
2488 Historic Decatur Rd #20
San Diego, CA 92106
Claremont McKenna Coll; Claremont CA        California Western SOL; San Diego CA      

201620        1999-06-03        Inactive       
 Lara Alene Hoover        Stutz Artiano Shinoff &
Holtz        Stutz Artiano Shinoff & Holt
1120 Town Center Dr #21
Las Vegas, NV 89144
Univ of Nevada; Las Vegas NV        California Western SOL; San Diego CA    

199288        1998-12-09        Active       
 Casey Hiroki Pope        Stutz Artiano Shinoff &
Holtz        Stutz Artiano Shinoff & Holt
3 Hutton Centre Dr Ste 86
Santa Ana, CA 92707
San Diego State Univ; San Diego CA        California Western SOL; San Diego CA       

196066        1998-06-17        Active        
Jeffrey Pritchard Wade Jr.        Stutz Artiano
Shinoff & Holtz        Stutz Artiano Shinoff & Holt
2488 Historic Decatur Rd #20
San Diego, CA 92106
San Diego State Univ; San Diego CA        California Western SOL; San Diego CA      

195771        1998-06-02        Active        
Gil Abed        Stutz Artiano Shinoff & Holtz        Stutz
Artiano Shinoff & Holt
Univ of California San Diego; La Jolla CA        California Western SOL; San Diego CA   

190773        1997-12-04        Active        
Paul Vincent Carelli IV        Stutz Artiano Shinoff &
Holtz        Stutz Artiano Shinoff & Holt
San Diego, CA 92106        
Univ of Notre Dame; Notre Dame IN        California Western SOL; San Diego CA        

116299        1984-12-03        Active        
Robert Brian Titus        Stutz Artiano Shinoff &
Holtz        Law Offices of Robert Titu
13985 Stowe D
Poway, CA 92064
San Diego State Univ; San Diego CA        California Western SOL; San Diego CA        

108638        1983-06-03        Active    
    Jack M. Sleeth Jr        Stutz Artiano Shinoff &
Holtz        Stutz Artiano Shinoff & Holt
2488 Historic Decatur Rd #20
San Diego, CA 92106
Chapman Univ; Orange CA        California Western SOL; San Diego CA        


Alumni Notes
Stutz Artiano Announces New Associates
Alex Tramontano (2011) ,
Kathryn Boyd (2011)
and William Shinoff (2011)
have joined the San Diego law firm of Stutz Artiano Shinoff & Holtz

PRESS RELEASE
Jan. 16, 2013, 3:14 p.m. EST
Stutz Artiano Adds Partner and Associate
SAN DIEGO, CA, Jan 16, 2013 (MARKETWIRE via COMTEX) -- Stutz Artiano Shinoff & Holtz
is pleased to announce that
Ljubisa Kostic has rejoined the firm as a partner. His
practice will continue to focus on a wide variety of civil litigation, including personal injury and
business law. Mr. Kostic, a graduate of California Western School of Law admitted to practice
in 2001

December 2013
Amir Azimzadeh joins Stutz Artiano’s Education Team
Stutz Artiano is pleased to announce that Amir Azimzadeh has joined the firm’s San Diego office as an Associate.  Mr.
Azimzadeh concentrates on education law and civil litigation. He graduated from California Western School of Law in 2013
Does Cal Western law school teach "scorched earth" tactics?  I very much doubt it.  But it
seems there may be a "scorched earth" culture that is acquired by many law students during,
and perhaps before, attendance at law school.

[Update July 2013: I think I was wrong about this.  Since this is what the school
considers good public relations, then one suspects that in private, the school is giving
much more specific instructions in evading ethics.]  
[Cal Western's New Media Rights non-profit, that purports to defend free
speech,
sent out the following message]
Representing Internet Users at the FCC - May 2013
by The New Media Rights team
May 15, 2013
[Comments in brackets added by Maura Larkins]

We've gotten off to a great start this year, providing services to over 123 individuals [who
are non-controversial in that they haven't criticized anyone with connections to Cal
Western]
since January 1, giving over 6 legal basics workshops, and representing
creators and consumers at the FCC's Consumer Advisory Committee.   We've shared a
few highlights below as we head into an exciting summer for NMR!
 

Representing internet users and consumers at FCC


New Media Rights represented consumers and independent creators at the @FCC Consumer Advisory
Committee Friday, April 26. The full recording of the meeting is
here. The meeting covered many
upcoming issues facing the incoming FCC Chairman, including an upcoming spectrum auction to free
up spectrum for wireless devices, disability and rural access, as well as many other consumer issues.

Specifically, Art Neill from New Media Rights raised the issue of the Federal Communications
Commission plan a few years back to launch a committee regarding the Commission's Open Internet
Regulations. This committee has still not been formed, and some kind of 3rd party review is critical for
consumers and independent creators to make sure that these rules are actually being enforced. You can
count on us to continue to work to make sure the Open Internet rules are being properly enforced.

A big thank you to Shaun Spalding


In April long time team member and Assistant Director Shaun Spalding headed off to work on a variety of
creative projects, including producing a documentary film that he's wanted to pursue for a number of
years.  Shaun started as a legal intern at New Media Rights in 2010, and then became staff attorney in
2011, followed by Assistant Director in 2012.  Shaun has many talents, and was willing to lend them all to
improve New Media Rights. Specifically, Shaun has been a force for creating over 100 successful
educational videos, and providing dedicated advocacy to hundreds of internet users and creators over the
years.  He's also simply a great colleague.  Luckily we aren't saying goodbye, as Shaun has joined our
Advisory Board and will hopefully be involved with New Media Rights for years to come.  A big thank you to
Shaun and best wishes in his creative work!

Welcoming new legal interns!

We're thrilled to welcome Casey Lowe, Marlena Balderas, and Marko Radisavljevic as new legal interns
with New Media Rights this summer.  We're also excited to welcome back legal interns Jordan Kohler,
Lauren Brady, and Matt Prellberg.

We are grateful to all our legal interns for their contributions to New Media Rights.  We couldn't help so
many internet users and creators without their hard work.

You can read bios and see photos of the whole team by visiting our Meet the NMR Staff page.

Our website recently got a pretty serious aesthetic update. We hope you find the new site format a bit
easier to navigate. We'd love for you to take a look and let us know what you think. If you have comments
or suggestions please send them to support @ newmediarights.org.  Remember, we base our guides
and videos on your input, so please let us know if you have a particular guide to suggest.


ISSUE WE'RE MONITORING - Youtube Isn't Honoring DMCA takedowns?
Unfortunately, New Media Rights has seen evidence in recent months that suggests that some large
media companies have been able to override legitimate appeals and disputes by users regarding
content takedowns on Youtube. This guest blog from Patrick McKay of the Fair Use and Youtube
watchdog FairUseTube.org, explains the problem in more depth.
We're monitoring the issue closely and trying to gather additional information to help address this issue,
so feel free to contact us with additional information you may have regarding DMCA counternotices that
fail restore disputed content on Youtube.

Upcoming Events

New Media Rights Executive Director Art Neill will be speaking on a panel at the Alliance for Community
Media Annual Conference on May 30, 2013 in San Francisco, CA from 2:00pm at the Westin St. Francis...
The topic of the panel will be "
Free Speech vs. Copyright: An Intersection or a Collision."
The panel will be an opportunity to give positive support to artists, showing them the ways the law can
actually empower their creativity, how to avoid legal disputes in the first place, and
how to move
forward if you do face legal threats.



New Staff Attorney and Advisory Board members

In June we'll be announcing a new staff attorney and our advisory board
members for 2013, so keep an eye out for that announcement!


How can you support independent creators and artists [who don't criticize Cal Western
graduates]?

New Media Rights is an independently funded nonprofit program and relies on the support
of individuals like you to provide free and low cost legal services to internet users and
[some carefully screened] creators...

Thanks again for being part of the New Media Rights community. Keep an eye out as our
future battles and work on behalf of internet users and independent creators
[who don't
criticize anyone with ties to Cal Western]
continues.




Meet the NMR Staff
[Comments in brackets are
by Maura Larkins]

Art Neill
Job Title: Founder / Executive Director
Joined NMR in: October 2005


Art is the founder of New Media Rights,
and
[sometimes] practices public interest law
in the areas of internet, intellectual property,
and communications law
[and other times he protects those who stifle free  speech].

Art is also an adjunct professor of law at California Western School of Law
teaching the course Internet & Social Media Law
(primarily focused on Internet,
Intellectual Property, licensing, and online publishing law).

[Either Cal Western doesn't teach about the First Amendment, or quite a few of its
graduates forget what they learned.]

In 2011 and 2013, Art was appointed as a member of the Federal Communication
Commission's Consumer Advisory Committee.

Some publications

"Suing John Doe: A new wave of filesharing lawsuits" Fall 2011 Journal of Internet Law (Aspen
Publishers)

"Social Media and the Law: Here Comes Everybody!"  2010 May CEB Business Law Quarterly (A
publication of the University of California and the State Bar of California)

Some interviews

Techdirt Feature: "Proposed Copyright Small Claims Court May Have A Bigger Impact Than The DMCA"

Geek v Troll: New Media Rights stands up for
[a select group of] the Internet's underdogs.  Cover story in
San Diego Citybeat by Dave Maass, December 5, 2012.

ReadWriteWeb: Interview with Fruszina Eordogh for article for article, "Youtube network holds Celebrity's
Adsense account hostage"

Joystiq: New Media Rights work featured in article "New Media Rights: You Gotta Fight for your right to be
an indie developer"

Some talks

May 2013 - 2013 Alliance for Community Media Conference Panel, San Francisco, CA -Free Speech
vs. Copyright: An Intersection or a Collision?...

April 2013 - AALS Transactional Clinical Conference, Austin, TX - Panelist for "Creating Lawyers as
Problem-Solvers, Appreciating the Risks and Benefits, Clinical Examples of Non-Traditional
Transactional Clinic Matters"
.
January 2013- New Media Expo 2013: Legal Ease:
"What you should know to stay on the
right side of the law"
June 2012 - Panelist for "The Ins and Outs of Copyrights / Avoiding Copyright Infringement" at Vidcon
2012, Anaheim, California.

October 2011 Panelist at Media Law in the Digital Age conference co-produced by
Citizen Media Law Project at Harvard's Berkman Center for Internet & Society
and
Kennesaw State's Center for Sustainable Journalism for session "Apps and Wireless: New Platforms for
Online Content Providers and Journalists"

...more about Art Neill:

[Art Neill contd.] Professional Background

Adjunct Professor of law at California Western School of Law
teaching the course Internet & Social Media Law.

Founder and Director of New Media Rights. October 2005 to Present.

Attorney for Utility Consumers' Action Network
[UCAN]
> > >
and founder and director of New Media Rights. August 2006 to May 2012.

Law Clerk for Lorraine Donaldson. 2004-2005. Assisted with practice specialized in
Intellectual Property, particularly patent drafting.

Law Clerk for San Diego City Attorney's Office - Civil Division. Summer and Fall, 2004.
Work included American with Disabilities act, California Environmental Quality Act, among
many other cases.

LSAT Instructor for Kaplan, 2004.

Public Information Officer/Press Secretary for the Office of the Secretary of State of
Maryland. 2002-2003. Involved in Maryland redistricting based on 2000 Census, analysis
of electronic voting machines, and reform of Maryland's felony disenfranchisement laws,
among other duties.

Special Assistant to the Secretary of State of Maryland 2001-2002.

Director of Member Services for Mid-Atlantic LifeSpan, the largest non-profit
trade association of senior care providers in Maryland and the District of
Columbia.

Art is a native of Annapolis, MD





Shruti Joshi
Job Title: Volunteer
Joined NMR in: March 2012

Shruti is an LLM graduate from George Washington University Law School with
specialization in Intellectual Property laws. Before coming to pursue her Masters degree,
she was practicing law in India. She is a young talented lawyer who persistently craves to
excel in whatever she undertakes with the requisite diligence. She strongly believes in the
efforts of new media and is excited to be a part of this creative family. Apart from being
dedicated at her work, Shruti is also a great dancer and loves to travel.

Read more about Shruti Joshi

Lauren Hanley-Brady
Job Title:
Legal Clerk
Joined NMR in:
April 2012



Lauren is a second year law student at California Western with an interest in IP – in
particular video game law, brand management, licensing, cyberspace & privacy law. She
has a Film Production degree from SDSU, where she was the producer of several student
films and music videos. Lauren is a self-proclaimed geek, playing video games in her
limited spare time to stay sane, as well as checking up daily on game-related legal
websites. She sincerely wants a puppy, but is happy to work towards the goal of passing
the bar as the prerequisite for obtaining that particular reward.

Read more about Lauren Hanley-Brady

Matt Prellberg
Job Title:
Legal Clerk
Joined NMR in:
August 2012

Avid gleek and Chicago sports enthusiast, Matt is a second year law student at California
Western School of Law in San Diego.  Raised in Colorado, he moved to the Aloha State to
study Political Science and Religion at the University of Hawaii at Manoa.  After completing
his B.A., Matt worked at the Hawaii State House of Representatives on the Education and
Hawaiian Affairs committees.  His passions for public service and the film industry brought
him to New Media Rights.  He believes that the protection of intellectual property is a
cornerstone of a thriving artistic community.

Read more about Matt Prellberg

Jordan Kohler
Job Title:
Legal Clerk
Joined NMR in:
January 2013

Previously a design major, Jordan gradually transitioned from print and web design into
online marketing and search engine optimization. Before attending law school Jordan
owned and managed an online marketing company, provided web development services
and consulting to online businesses. Now in the process of obtaining his law degree, he is
primarily focused on business law and intellectual property, and how they pertain to the
exciting new areas of online business, digital technology and social media.

Read more about Jordan Kohler

Marko Radisavljevic
Job Title:
Legal Intern
Joined NMR in:
May 2013

Marko is entering his 2L year at California Western School of Law in San Diego where he
plans to focus on IP law and Business Organizations.  He received his undergraduate
degree in Biology with a minor in chemistry at the University of San Diego.  After
determining that Medicine was not his true passion he entered the work force and thrived
in the small business world helping two San Diego internet marketing companies grow
rapidly.  He decided to return to school and get his law degree so ultimately he could
merge his passions and work for small businesses with unique ideas and help them grow.  
In his free time Marko enjoys playing soccer, hockey, and tennis every week and tries to
find time to play his guitar as often as possible.

Read more about Marko Radisavljevic

Marlena Balderas
Job Title:
Legal Intern
Joined NMR in:
May 2013

Before attending law school, Marlena was a public relations account manager for several
firms in Phoenix, Arizona. Realizing her true passion for helping people, Marlena entered
law school with the hopes of helping people turn their start-up dreams into thriving
businesses. Marlena has a special interest in media communications, as well as business
law, and is excited to help clients solve any legal issues they encounter. During her free
time she enjoys all outdoor sports and activities.

Read more about Marlena Balderas

Casey Lowe
Job Title:
Joined NMR in:
February 2013

Originally from the Detroit area, Casey graduated from Michigan State University where he
double-majored in International Relations & Film Studies. Over the last few years, he's lived
in Portland, Seattle, New York City and London while working for various companies in the
media industry. Currently wrapping up his first year of law school at California Western,
he's now pursuing his interests in Public Interest and Intellectual Property law. Casey is
also an avid record collector and film enthusiast.
< < < More about UCAN

November 03, 2012
Utility group
transaction under
scrutiny
Mike Aguirre's clients expose
problematic transactions at
UCAN.

Utility group transaction under
scrutiny
FEDERAL PROBE INQUIRED
ABOUT $1 MILLION
INVESTMENT OF RENT-A-
CENTER CASE AWARD
Nov. 2, 2012
Jeff McDonald
UT-SD

Back in 2005, the Utility
Consumers’ Action Network
collected $2 million from a
class-action lawsuit against
Rent-A-Center, a furniture and
accessories retailer based in
Plano, Texas.

Terms of the award to the San
Diego-based consumer
protection group required
UCAN to keep the money in
California. The funds were to
be set aside for nonprofit
efforts to educate people about
their legal rights.

The agreement was signed by
former UCAN Executive
Director Michael Shames seven
years ago last month.

Shames invested $1 million of
the award in a money-market
account and later in an out-of-
state hedge fund called Red
Rock Capital Fund LP.

The manager “isn’t promising,
or even seeking, big returns,”
Shames told UCAN board
members three weeks before
making the investment. “His is a
very controlled form of risk-
avoidance through 2-5 day
investments in a diverse set of
sectors.”

The $1 million investment sank
in value by $287,000 within a
year. The rest was withdrawn in
a series of transactions,
leaving a zero balance by the
close of 2006, according to
documents obtained by The
Watchdog.

Shames has denied doing
anything illegal or improper at
the nonprofit group. He says
allegations against him were
independently investigated and
found to be unwarranted.

UCAN Chairman Kendall
Squires said he does not
remember approving the
investment in the fund, even
though he was copied on an
email regarding the buy-in.

“Recognizing that I was
unaware of it at the time, as my
memory serves now, yes, I’d be
troubled by it,” Squires said. “I
think it is a pool to be
examined.”

Documents related to the Red
Rock fund were specifically
cited in a grand jury subpoena
issued earlier this year as part
of a federal investigation of the
nonprofit.

Agents also sought records on
Death by China Productions,
an Orange County firm
cofounded by Peter Navarro,
the University of California
Irvine economics professor and
former San Diego mayoral
candidate who consulted
Shames on investment
strategies.

Having Navarro involved in the
decision to invest in Red Rock
“was a huge advantage and
kept the analysts’ pitches very
exciting,” Shames told UCAN
directors in that same
December 2005 email.

North Carolina steelmaker
Nucor Inc. made a $1 million
donation in 2011 to UCAN,
which later agreed to turn over
the same amount of money to
Death by China. Documents of
that transaction were also
sought in the federal subpoena.

Earlier this year, UCAN filed for
dissolution in state court after
two employees raised
questions about Shames’
management of the
organization.

Among other things, they
alleged Shames kept secret
bank accounts, practiced law
without an active state bar
membership and accepted
bonuses without telling the
board or reporting the
payments on UCAN tax filings.
Shames says the allegations
were all investigated and found
to be without merit.

Shames declined to respond to
questions about why he
invested UCAN revenue in an
out-of-state hedge fund.

In a statement he said: “The
money market account to which
(you) refer was a UCAN
account, not a personal one. It
is reflected in all of UCAN’s
books and records and
authorized by the board.”

The U.S. Attorney’s Office
would not discuss the status of
the federal investigation into
UCAN business practices.

San Diego attorney Frank Fox
was the lead lawyer in the Rent-
A-Center case. He was
responsible for filing periodic
reports with the court detailing
how settlement funds were
spent.

Fox told The Watchdog that he
only recently became informed
about the UCAN investment in
an Oregon hedge fund.

“I just learned of these
allegations last week, and we
are looking into them,” he said.

Michael Aguirre, the former
San Diego city attorney who
now represents two UCAN
employees who came forward
with allegations against
Shames, suggested federal
investigators should pay close
attention to the transaction.

“Misdirecting consumer
education trust money to an
out-of-state hedge fund is a
storm warning that regulators
cannot prudently ignore,”
Aguirre said.

Other records obtained by The
Watchdog raise questions
about the depth of the
independent review
commissioned by UCAN in
response to the 2011
allegations by the two
employees, David Peffer and
Charles Langley.

According to attorney Paul
Dostart, who billed UCAN more
than $360,000 between April
2011 and July 2012, his review
found no merit to the charges
lodged by Peffer and Langley.

In an April 2011 email to
Squires, Shames said Dostart
“specifically instructed the
auditors NOT to investigate any
embezzlement or misuse of
UCAN monies by me.”

Dostart last week said that
assertion was untrue. “At no
time have I ever instructed an
auditor to not investigate and
report any fraud,
embezzlement, or misuse of
UCAN funds,” he said.
Cal Western
ethics
Legal culture seems to foster an arms race, with the weapon of choice being
methods to keep evidence out of court
Lawyers against
bulllying: has the San
Diego County Bar
Association decided to
clean up its act?

No, it's going after other
bullies.

I'm wondering, can the
Constitution rein in abuse,
deception and intimidation
by lawyers?

SDCBA to host forum on
cyber-bullying
Daily Transcript
September 20, 2013

The San Diego County Bar
Association (SDCBA) and
the Anti-Defamation
League are hosting a
workshop to discuss cyber-
bullying Sept. 24 from 5-7:
15 p.m. at the SDCBA's Bar
Center.

Panelists will include
California Western School
of Law professor Ruth
Hargrove, San Diego
County Deputy District
Attorney Oscar Garcia, San
Diego Unified School
District Police Chief Reuben
Littlejohn, and Stutz,
Artiano, Shinoff & Holtz
partner Jeffrey Wade.

U.S. Attorney Laura Duffy
will moderate the
discussion, titled “Cyber-
Bullying – Classroom to
Courtroom: Can the
Constitution Rein in the
Bullies?”

The panelists will explore
legal issues and developing
case law surrounding the
issue of cyber-bullying, a
practice that increasingly
results in intervention by
the judicial system.

The event offers 1.5 CLE
general credits and is free
for SDCBA law student
members. The cost is $45
for SDCBA and Anti-
Defamation League
members and $65 for non-
members.
James Stiven

Retired Judge James
Stiven, a professor at Cal
Western, supported the
unconstitutional efforts of
Judge Judith Hayes to
force this blogger to
remove all mention of
Stutz law firm from her
websites.

California Western
welcomes Judge James
Stiven to the faculty
Jan. 18, 2006

California Western School
of Law welcomes Judge
James Stiven to its full-
time faculty as a
Distinguished Jurist. This
spring, he is teaching
Alternative Dispute
Resolution.

Stiven joins the faculty of
California Western after
retiring from his position
of U.S. Magistrate Judge
for the Southern District of
California.  He also served
California Western as a
trustee from 1992 until
2005, when he was
appointed as
Distinguished Jurist.

“We are thrilled to
welcome Judge Stiven to
the faculty of California
Western,” said Dean
Steven R. Smith. “His
experiences as a trial
lawyer and on the bench
are an ideal resource for
law students.”

Stiven has 27 years of
experience as a trial
lawyer. During his
practice, he was elected
to the American Board of
Trial Advocates and as a
Master of the American
Inns of Court. He also
served 12 years in the
House of Delegates of the
American Bar Association,
chairing the Section of
Individual Rights. He has
also served the San
Diego Bar Foundation as
director and CFO.

Stiven was later was
appointed U.S. Magistrate
Judge for the Southern
District of California,
where he served until
2005. While on the bench,
he remained active in the
Inns of Court, the
Association of Business
Trial Lawyers, and the
Ninth Circuit Executive
Committee.

Stiven has served the San
Diego Bar Association as
the representative to the
ABA House of Delegates,
as well as law week
committee chair, superior
court committee chair,
LRIS committee chair and
is a five time delegate to
the State Bar Conference
of Delegates.

Stiven obtained a degree
in Business Administration
from the University of
California, Los Angeles.
Upon graduation, Stiven
served four years as an
officer in the U.S. Marine
Corps, with a tour of duty
in Vietnam. He graduated
from UCLA Law School in
1969, where he served as
senior editor of the UCLA
Law Review.
Feb. 18, 2014

Press release from New Media
Rights reveals that Art Neill is
training members of his own
advisory board!?

Getting results: FCC
now considering
proposal that would
actually protect the
Open Internet
Art Neill | New Media Rights
<support@newmediarights.org>

...NMR in the news

 Check out
former
legal intern, and new
Advisory Board
Member
Lauren Hanley-
Brady on TWiL #290 discussing
law, video games, broadswords
and more!

 Want to learn more about fair use
and copyright? Catch Executive
Director Art Neill’s presentation to
DOCULINK on fair use and copyright
for documentary filmmakers.

 Staff Attorney Teri Karobonik is
quoted in this UT San Diego article
about the importance of CDA 230 to
online service providers in 'Revenge
Porn' and other cases.