Robert E. Hinerfeld
Formerly a partner in Simon, Sheridan, Murphy, Thornton & Hinerfeld and its successor firm Murphy, Thornton, Hinerfeld & Elson which was merged into Manatt, Phelps & Phillips LLP (1966 - 2005) (visit website)
371 - 24th Street
Santa Monica CA 90402-2517
Telephone: (310) 394-4902
Preferred Areas of Practice:
Since 2005, neutral arbitrator of commercial disputes on the Large Complex Case Panel of the American Arbitration Association and expert witness and consultant on lawyers' professional responsibilities.
Neutral Arbitrator of commercial disputes on the Large Complex Case Panel of the American Arbitration Association; and Expert Witness and Consultant on lawyers' professional responsibilities.
• “Legal Aspects of Recording Telephone Conversations,” 40 Los Angeles Bar Bull. 268 (April, 1965), cited in Ballard v. Superior Court (the People, r.p.i.), 64 Cal.2d 159 fn. 1, 49 Cal.Rptr. 302 fn. 1, 18 A.L.R.3d 1416 fn. 1 (1966) • Paper criticizing the California judicial rules allowing non-publication of intermediate appellate court opinions (Rules 976-978, California Appellate Rules), delivered as an invited witness to the Advisory Committee for an Effective Publication Rule, Judicial Council of the State of California. (San Francisco, November 2, 1978; revised and distributed to California Academy of Appellate Lawyers and appellate judiciary guests at Academy’s 1993 weekend seminar in Ojai, California; May1993). • Lecture on the internal operations of the United States Court of Appeals for the Ninth Circuit, delivered to Continuing Education of the Bar, Sixth Annual Federal Practice Institute, Beverly Hills (June, 1983), published in American Law Institute-American Bar Association Committee on Continuing Legal Education study materials for Federal Appellate Practice course (C798), New Orleans (November 1983). • “Mary Carter Comes to California: Abbott Ford, Inc. v. Superior Court (Ford Motor Company, r.p.i.),” published by California Trial Lawyers Association, Winter 1988 Conference (Lake Tahoe, March 1988). • “Appellate Advocacy, An Emerging Specialty That Will Benefit Bench and Bar,” 13 Los Angeles Lawyer 35 (August-September 1990). • “Perspective on the White House Scandal; A Fine Mess, Thanks to the Court; The decision to allow the Paula Jones case to proceed was a bad call that brought the nation to a standstill,” LOS ANGELES TIMES, October 9, 1998, Commentary, p. B9, with Daniel Slocum Hinerfeld. • “Illicit Lawyering: Starr’s Removal for Lack of Candor Could Speed Up Trial,” Los Angeles Daily Journal, Tuesday, February 2, 1999, p.6 (and San Francisco Daily Journal). • “Can Two Wrongs Make a Right? Ethical Aspects of Deception in Lawyering: It’s About Trust,” published in the conference materials book at the American Bar Association’s ABA 25th National Conference on Professional Responsibility, La Jolla, CA, June 2-5, 1999. Republished in 1999 Symposium Issue of the PROFESSIONAL LAWYER at 103 (March 2000). • Panel discussion on “Ethics in Discovery Practice” with Sylvia Stevens (Oregon State Bar), “A Broader View of Discovery Ethics: The Societal Context,” American Bar Association’s Center for Professional Responsibility, 28th National Conference on Professional Responsibility at Vancouver, B.C. (May 29- June 1, 2002); paper published in onference Coursebook at Tab 12, pages 398-411; republished in 2002 Symposium Issue of the PROFESSIONAL LAWYER at 103 (March 2003).
• Lecturer on the privileges chapter of the California Evidence Code for Continuing Education of the Bar (Los Angeles and Palm Springs 1967). • Critic, 1st National Institute for Trial Advocacy (Boulder, Colorado 1972). • Member, Committee on Criminal Law & Procedure, The State Bar of California. (1973-1976). • Chairman, Special Committee on the Revision of the Federal Criminal Code, The State Bar of California; drafted report which was adopted by the Board of Governors as the State Bar's official position to Congress on the proposed Federal Criminal Code (1975-1979). • Special representative of the Los Angeles County Bar Association to Los Angeles City Attorney's Ad Hoc Study Group on Conflict of Interests by Public Prosecutor Offices with Dual Functions (1977). • Member, Special Committee on Judicial Evaluation, Los Angeles County Bar Association. (1978-1982). • Clinical Lecturer, University of Southern California Law Center, second-year civil procedure course (Los Angeles 1980-1981). • Lecturer on Federal Appellate Practice, Federal Bar Association Bridging the Gap Seminar. (Los Angeles February, 1982). • Lecturer on Federal Injunction Practice, Los Angeles County Bar Association, Barristers' Federal Practice Seminar. (Los Angeles April l982, September 1983, and December 1984). • Member, Board of Governors Ad Hoc Committee re Civil Litigation, The State Bar of California. This special committee studied the need for, and recommended the creation of, the Litigation Section of The State Bar of California (1983). • Lecturer on the use of civil RICO in private antitrust litigation for the Antitrust Section of the Los Angeles County Bar Association and the Los Angeles chapter of the Federal Bar Association. (Los Angeles April 1983). • Lecturer on Federal Appellate Practice, Continuing Education of the Bar, Sixth Annual Federal Practice Institute. (Beverly Hills June 1983). • MCLE lecture / seminar on the California publication rule (Calif. Rules of Court, Rules 976 et seq.) at 1993 annual weekend meeting of California Academy of Appellate Lawyers at Ojai, California (May 1993). • Member, Executive Committee, Litigation Section, The State Bar of California. (1983-1986). • Member, Civil Litigation Consulting Group, The State Bar of California (1985-1988). • Life Fellow, American Bar Foundation (Elected 1989). • Guest lecturer on legal ethics in Timothy M. Thornton’s clinical course in pre-trial practice at University of Southern California Law Center (1993-1996). • Appellate moot court advocate defending punitive damages in a product liability case before the American Bar Association’s Council of Appellate Staff Attorneys [“C.A.S.A.”], 18th Annual Seminar, Key West, FL; judicial panel: Hon. Deanell Reece Tascha, U.S. Circuit Judge, United States Court of Appeals for the 10th Circuit; Hon. David A. Brock, Justice, New Hampshire Supreme Court; and Hon. James A. Wynn, Jr., Judge, North Carolina Court of Appeals (1994). • MCLE lecture on legal ethics to legal department of Hughes Electronics (subsidiary of General Motors Corporation) (December 1996). • Member of Los Angeles County Bar Association’s Appellate Elections Evaluation Committee; subcommittee chairperson (1996-2000). • Settlement officer for California Court of Appeal, Second Appellate District - Los Angeles County Bar Association District-wide Mediation Project (1996-2004) • Invited witness at public hearing of Subcommittee on Alternative Dispute Resolution and the Judicial System of the California Judicial Council’s Task Force on the Quality of Justice. Submitted written statement criticizing practice of non-consensual appointments of retired judges as discovery referees at the litigants’ expense pursuant to Calif. Code of Civil Procedure §639(e) (Los Angeles October 1998). • On-air guest, Which Way LA? with Warren Olney, public radio station KCRW (89.9 FM; http:www.kcrw.org ) October 14, 1998, describing some of the ethical improprieties of Independent Counsel Kenneth W. Starr in connection with undertaking his original assignment in 1994 in the Whitewater investigation and in obtaining the consent of Attorney General Janet Reno in January 1998 to apply to the Independent Counsel Division of the U.S. Court of Appeals to extend his jurisdiction to inquire into Monica Lewinsky’s relationship to the civil action of Paula Jones v. William Jefferson Clinton in the United States District Court in Little Rock, Arkansas. Other on-air guests were journalists Andrew Sullivan and David Frum, American history professor Michael Parrish, former U.S. Supreme Court law clerk to Associate Justice Blackmun, author, and federal prosecutor Edward Lazarus, and former counsel for Rep. Dan Burton’s House subcommittee investigating FileGate and TravelGate, Barbara Olson. • On-air guest, Which Way LA? with Warren Olney, Newsmaker segment, public radio station KCRW (89.9 FM; http:www.kcrw.org ), February 2, 1999, explaining why Attorney General Janet Reno should fire Kenneth W. Starr as Independent Counsel based upon his violations of Dept. of Justice conflict of interest / disqualification rules and the conflict of interest and candor rules of the District of Columbia Bar and the State Bar of California. • On-air guest, Which Way LA? with Warren Olney, Reporter’s Notebook segment, February 3, 1999, with Professor Douglas W. Kamiec (Pepperdine Univ. School of Law) discussing same issue as last appearance (disqualification of Independent Counsel Kenneth W. Starr). • Oral argument judge, Roger J. Traynor California Moot Court Competition, sponsored by Witkin Legal Institute, Boalt Hall Law School, Berkeley, CA, April 10, 1999. • Panelist at American Bar Association 25th National Conference on Professional Responsibility on the Ethics of Aggressive Investigation Techniques, La Jolla, CA, June 3, 1999. • Panelist at Los Angeles County Bar Association’s Business & Corporations Section Annual Glendon Tremaine Conference on “Dilemmas & Pitfalls in the Representation of Early Stage Companies.” Other panelists: Joseph F. Troy (Troy & Gould, Century City), Donald E. Bradley (Partner & General Counsel, Wilson, Sonsini, Goodrich & Rosati, LLP, Palo Alto, and President of Attorneys Insurance Mutual Risk Retention Group, Inc.), and William K. Mills (Parker, Mills & Patel, LLP). Holiday Inn Hotel, Beverly Hills, CA, May 10, 2000. • Commissioner, State Bar of California, Commission on Judicial Nominees Evaluation (Appointed by State Bar Board of Governors May, 2000, sworn in by Chief Justice Ronald M. George, June 2000 - February 2004). • Lecturer on trial practice, evidentiary privileges, professional ethics, and motion, injunction, and appellate practice for Manatt, Phelps’ litigation division and firm-wide MCLE training programs (1985-2004). • Panelist at American Bar Association’s 28th National Conference on Professional Responsibility re Ethics in Discovery Practice, Fairmont Waterfront Hotel, Vancouver, B.C., May 31, 2002. • Panelist on topic, “Aching for Andersen: How To Avoid Giving Advice That a Jury May Misconstrue,” at Association of Professional Responsibility Lawyers annual meeting at Madison Hotel, Washington, D.C., August 8, 2002. • Panelist on “Ethics in Today’s Business Environment,” at American Lawyer Media West Coast General Counsel Conference, Hotel Del Coronado, Coronado, CA, November 14, 2003. • Oral argument judge, Roger J. Traynor California Moot Court Competition, sponsored by Witkin Legal Institute, Southwestern University Law School, Los Angeles, April 8, 2006.
• Witt v. United States, 287 F. 2d 389 (9th Cir., 1961), cert. denied, 366 U.S. 950 (1961), • Carbo v. United States, 288 F.2d 282 (9th Cir. 1961), opinion after remand, 288 F.2d 686 (9th Cir. 1961), cert. denied, 365 U.S. 861 (1961). • In re Brumbaugh, 62-2 USTC ¶ 9521, 9 AFTR 2d ¶ 62-687 (S.D. Cal. 1962). • Hendrickson v. United States, 295 F.2d 63 (9th Cir. 1961), cert. denied, 368 U.S. 986, rehrg. denied, 369 U.S. 986 (1962). • Bisno v. United States, 299 F.2d 711 (9th Cir. 1962). • Nicholson v. United States, 303 F.2d 161 (9th Cir. 1962). • Carbo v. United States, 314 F.2d 718, 735-738, 739-742 (9th Cir. 1963), cert. denied, 377 U.S. 953 (1964). • Morton v. Loveman, 267 Cal.App.2d 712, 73 Cal.Rptr. 623 (2d Dist. 1968). • United States. George Lim v. Ramsey Clark, Attorney General of the United States, 431 F.2d 197 (9th Cir. 1970). • People ex rel. Groman v. Sinai Temple, 20 Cal.App.3d 614, 99 Cal.Rptr. 603 (2d Dist. 1971). • Special counsel to RAND Corporation, Dr. Henry Rowen (former president of RAND), and other RAND employee witnesses in connection with the federal criminal prosecution of Dr. Daniel Ellsberg for unauthorized copying of the “Pentagon Papers.” United States v. Ellsberg and Russo; C.D. Cal., 1973 before U.S.Dist. Judge Wm. Matthew Byrne, Jr. • Smith v. Eggar, C.I.R., 655 F.2d 181 (9th Cir. 1981) (appeal briefed in 1974). • United States v. Polizzi, 500 F.2d 856 (9th Cir. 1974), cert. denied 419 U.S. 1120 (1975). • Polizzi in Polizzi v. United States, 550 F.2d 1133 (9th Cir. 1976). • People v. Vallerga, 67 Cal.App.3d 847, 136 Cal. Rptr. 429 (2d Dist. 1977). • Jacoby v. State Bar, 19 Cal.3d 359 (1974-1977). • United States v. Kostoff et al. 585 F.2d 378 (9th Cir. 1978). • Miss Universe, Inc. v. Flesher, 605 F.2d 1130 (9th Cir. 1979), • Trial counsel for plaintiff, Lucky Ltd., a Korean corporation v. Miles A. Galin, d/b/a Milton Fuchs and Ahmed Mahmud Sipra (Los Angeles Super. Ct. No. C-304115), a common law fraud action arising from an international shipping and commodity fraud scheme. Dr. Galin’s and Mr. Sipra’s modus operandi was described in a subsequent similar case by U.S. Dist, Judge Kevin Thomas Duffy, in Dow Chemical Pacific Ltd. v. Rascator Maritime, S.A et al., 594 F.Supp. 1490, 1492 (S.D. N.Y. 1984, per Kevin Thomas Duffy, D.J.) (“Old fashioned piracy on the high seas and overwhelming greed are at the heart of this case. What makes the case unusual, however, is that the leader of the pirates is not a swashbuckling Long John Silver, but a grasping avaricious New York ophthalmologist who used other people and corporate shells to work his nefarious schemes. Once placed in the position where he might have to face justice, like a storybook pirate, the villain has lied and hidden in his attempt to avoid the repayment of the damages he has caused. His contempt for the law is truly astounding. This is the unusual situation where simple fairness demands that villain repay not only the plaintiffs' damages ordinarily cognizable at law but also the expenses the plaintiffs and innocent third parties incurred by the prosecution of this case.”) Galin filed a federal interpleader counter-suit in the Southern District of New York, seeking to abate Lucky, Ltd.’s California fraud action. Lucky, Ltd. filed a RICO counterclaim (18 U.S.C. § 1964(c)) in Galin’s Southern District action—possibly the first civil use of the RICO statute —leading to settlement of Lucky’s fraud claim. (Los Angeles and New York, 1979-1980.) • Los Angeles Airways, Inc. v. Lummis, 603 S.W.2d 246 (Texas Civ. App. 1980), n.r.e. (1980), cert. denied, 455 U.S. 988 (1982), reh. denied, 456 U.S. 939 (1982). • People Versus PORN (Profit of Richard Nixon) v. Richard Milhouse Nixon, 465 F.Supp. 340 (N.D.Cal. 1978), aff'd, 634 F.2d 635 (9th Cir. 1980), cert. denied, 452 U.S. 916 (1981). • Los Angeles Airways, Inc. v. The Estate of Howard R. Hughes; William Lummis and First National Bank of Nevada, Co-Special Administrators of the Estate of Howard R. Hughes, Deceased, 99 Nev. 166, 659 P.2d 871 (1983). • American Motorcyclist Association v. American Honda Motor Co., Inc., Suzuki Motor Corporation, and Yamaha Motor Corporation (C.D. Cal. No. CV-82-4950-CHH). • Los Angeles Airways, Inc. v. Davis, 687 F.2d 321 (9th Cir. 1982) • Counsel for Team Lotus International, Ltd., in several arbitration proceedings: In the Matter of the Lotus 88: in Atlanta, re the 1981 the United States Grand Prix (March, 1981); in Rio de Janeiro re the Brazilian Grand Prix (March, 1981), in the International Court of Appeal, Fédération Internationale de l'Automobile (Paris, April, 1981) re the 1981 United States Grand Prix at Long Beach, Calif.; and at British Grand Prix, Silverstone Circuit (July, 1981). Co-counsel in the British Court of Appeal at Royal Automobile Club (London, September, 1981). See Gerard (‘Jabby’) Crombac, Colin Chapman: The Man and his Cars (Patrick Stephens, Wellingborough, U.K. 1986), Chapt. 20, “The ‘Twin-chassis’ Controversy,” pp. 307-321, esp. at 312. (“While he was preparing the case, Bob Hinerfeld even managed to obtain an affidavit from one of the stewards, who certified that he had been offered a job by the President of the Brazilian Automobile Confederation provided he would vote the right way at the hearing!”). • Hapag-Lloyd Fluggesellschaft v. National Aircraft Leasing, Ltd., 9th Cir. Nos. 84-5746 and 84-5759. • Smith v. Superior Court (Abbott Ford, Inc., r.p.i.), 151 Cal. App.3d 491 (2d Dist. 1984) (recognized the new American tort of intentional spoliation of evidence). • Referendum Committee of Hermosa Beach v. City of Hermosa Beach (Greenwood/Langlois, r.p.i.), 184 Cal.App.2d 152, 184 Cal.Rptr. 51 (2d Dist. 1986). • Escalante v. City of Hermosa Beach, 195 Cal.App.3d 1009 (2d Dist. 1987). • Universal Analytics, Inc. v. MacNeal-Schwendler Corp., 707 F.Supp. 1170 (C.D. Cal. 1989) (Stephen V. Wilson, D.J.); aff'd, 914 F.2d 1256 (9th Cir. 1990). • Hamilton Copper & Steel Corporation v. Primary Steel, Inc., 898 F.2d 1428 (9th Cir. 1990). • Pat Rose Associates v. Coombe, Flory, et al., 222 Cal.App.3d 9 (4th Dist. 1990). • Oskooi v. Fountain Valley Regional Hospital and Medical Center, 42 Cal.App.4th 233 (4th Dist., Div. 3, 1996). • Podolsky v. First Healthcare Corporation, 50 Cal.App.4th 632 (2d Dist., Div. 5, 1996). National Medical Enterprises, Inc. v. Superior Court (Podolsky, r.p.i.), 2d Civil No. B114961; L.A.S.C. No. BC 049 776.