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Speaking Engagements and Publications

  • California CEB on probate and trust litigation, Real Property Remedies and litigation and Escrow Disputes, Lecturer
  • National College of Probate Judges, Attorney Member
  • International Academy of Estate and Trust Law, Academician
  • American Bankers Association National Graduate Trust School, Faculty Member
  • American Bankers Association, Lecturer
  • Office of the Comptroller of the Currency, Lecturer
  • Federal Financial Institutions Examination Council, Lecturer
  • Fiduciary Investment Risk Management Association, Lecturer
  • ALI-CLE, Lecturer
  • National College of Probate Judges, Lecturer
  • Continuing Education of the Bar, California – Lecturer, 1981-present. Estate and Trust Litigation, 1981, 1982, 1986, 1989, 1991, 1994, 1996
  • Lecturer for the Office of the Comptroller of the Currency, FDIC and Federal Fiduciary Investment Examination Council, 1985 to 2020
  • Lecturer for National Association of Trust Audit and Compliance Professionals and Fiduciary Investment Risk Management Association , 1985 to 2020
  • “Fiduciary Remedy and Damage Study” – editor and author, (Case and Statutory law in 50 States on remedies for breach of trusts), Fiduciary Litigation Committee, ACTEC, 2018
  • “Heirs in the Freezer: Bronze Age Biology Confronts Biotechnology” 36 ACTEC Journal 179, 2010 (with Claudia Lowder and Naznin Bomi Challa)
  • “Fiduciary Litigation Highlights: Ethical Dilemmas,” Trust and Investments, July-August 2012 at 33
  • “Trustee Liability and Damages” Firma Forum 2012 Issue 2 at 14
  • “Trust Officer Ethics: Sources and Meanings” American Bankers Association, Trust Letter, December 2013
  • “Elder Abuse Liability,” 23 ALI Estate Planning Course Materials Journal 4-64, June 2017
  • “Fiduciary Remedy and Damage Study.” Editor and author, (Case and Statutory law in 50 States on remedies for breach of trusts), Fiduciary Litigation Committee, ACTEC, March 2018
  • “Undue Influence: The Gap Between Current Law and Scientific Approaches to Decision-Making and Persuasion,” 43 ACTEC Law Journal 359 (Dominic J. Campisi,
    and Jake Calver) Spring 2018
  • “Elder Abuse Liability,” 65 The Practical Lawyer, No. 2, 22 April 2019
  • “Concepts Colliding: Unitrusts, Modern Portfolio Theory, and Trustee Liability and Profitability,” American Bankers Association Trust & Investments, November/December 1999
  • “The Perils of Prosperity: What Goes Up Will Likely Result in Surcharge,” 2001 Heckerling Institute (Chapter 12), 2001
  • “ Competence and the Duty of Impartiality,” 140 Trusts and Estates 45, May 2001 • Index Returns as a Measure of Damages in Fiduciary Surcharge Cases,” 140 Trusts and Estates 18, June 2001
  • “Two Fiduciary Duties that Are Often Overlooked,” 140 Trusts & Estates 17, September 2001
  • “Of Delegating and Double-Dipping,” 142 Trust & Estates 62, January 2004 with Andrew Zabronsky
  • “Procedural Prudence — I”, 103 Trust & Investments 46, “Part II” 104 Trust & Investments 44, 2005
  • “Procedural Prudence — IIII”, 105 Trust & Investments 48, 2005
  • “Surprising Decisions” Trusts & Estates at 57, September 2005
  • “Fiduciary Litigation Trends,” Firma Forum, Fall , 2005, at 26; Spring, 2006
  • “Investment Discretion and Directed Trustee Liability,” Trust & Investments, July 2006
  • “Fiduciary Litigation Update,” Firma Forum, Spring, 2006 at 6, Summer, 2006 at 40
  • “Marshall v. Marshall: Rashomon Revisited,” 21 Probate & Property,” 8, January/February 2007
  • “Learning from Disasters and Near Disasters,” 3 FIRMA Forum 40, Winter 2007
  • “The Morals of the Marketplace” ethical duties of fiduciaries, Trust & Investments, July 2007
  • “Mandatory Arbitration in Probate and Trust Disputes; Recent Decisions,” 4 The Journal, National College of Probate Judges, at 13, Fall 2007
  • “The Sensitive and Inflexible Rule of Fidelity,” ABA Trust and Investments, July 2008
  • “Litigation coming to a Courtroom Near You,” ABA Trust and Investments, July 2009
  • “Bleeding Orange: The Impact of Attorneys’ Fees on the Robertson Litigation and Settlement,” 3 ACTEC Newsletter 45, 2009
  • ”Fiduciary Liability: Bashing or Normalcy” 136 Trust and Investments 8, July 2010
  • “Heirs in the Freezer: Bronze Age Biology Confronts Biotechnology,” 36 ACTEC Journal 179 (with Claudia Lowder and Naznin Bomi Challa), 2010
  • “Surcharge for Failure to Diversify,” The Forum, 2011 Issue 1 at 16
  • “Be Good or Beware: Ethical Violations by Fiduciaries, Trust and Investments, July/August 2011 at 6
  • “Trust Officer Ethics: Sources and Meanings” American Bankers Association Trust Letter, December, 2013
  • “Civil Disturbance Regulations: Threats Old and New”, 50 Indiana Law Journal 757, 1975
  • “Estate of Buck: Frustration of a Charitable Purpose,” 124 Trusts and Estates 70, January 1985
  • “Alternatives to Litigation in Trust and Probate Proceedings”, 42 The Arbitration Journal 30, September 1987
  • “Courts Change Standards of Conduct for Trustees”, 127 Trusts and Estates 39, January 1988
  • “Requests for Admissions”, California Continuing Education of the Bar, 2 Civil Discovery Practice in California 667, 1988
  • Revisions Editor for Chapters 11-14, Continuing Education of the Bar, California Trust Administration, Second Edition, 1990
  • “Emerging Damages Claims and the Right to Jury Trials in Fiduciary Litigation,” 27 Real Property Probate and Trust Journal 541 (co-author with Latham and Ross) (50 State Survey), 1992
  • “Litigation Becomes Electra,” Probate and Property, May/June 1999
  • “Joint Tenancy Accounts: An Un-Uniform Law” 30 Real Property Probate and Trust Journal 399, Fall 1995
  • “‘The Punctilio of an Honor the Most Sensitive’: An Uncomfortable Perch” California Trust and Estates Quarterly, Winter, 1995
  • “Disclosure of Administrative Advice of a Fiduciary’s Counsel” California Trust and Estates Quarterly, Fall, 1997
  • “Theory Becomes Law: Applying Restatement Third of Trusts to the Real World of Surcharges,” Trust & Investments, November/December 1998 “Estates and Trusts: Dispute Resolution and Litigation” (audio tape), 1989; (video tape, 1991), (video tape, 1994)
  • “Escrow Disputes,”CEB 1985-1987
  • “Litigation Aspects of Court Supervision,” 7th Annual UCLA-CEB Estate Planning Institute, 1985
  • “Honored in the Breech: Presidential Authority to Execute the Laws with Military Force”, 83 Yale Law Journal 130, 1973