T h e M a g a z i n e o f S a n ta C l a r a U n i v e r s i t y S c h o o l o f L aw | fa l l 2 0 1 5 | v o l 2 2 n o 1
magazine
窶帰 Generous Investment in the Future Katharine Alexander, right, made a generous gift last fall to endow the Katharine & George Alexander Professorship of Law. Professor Michelle Oberman, left, is the first to receive this honor. Page 3. 10 16 28
The J.D. Advantage L.A. Law: Three alumni who work and play in L.A. The Injustice of Wage Theft
F RO M T HE D E A N Dear Friends: magazine
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The diverse opinions expressed in Santa Clara Law magazine do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2015 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.
he dig for the new School of Law building began this summer near the front gates of Santa Clara University. I am grateful to all of you who have stepped up to meet the Charney Challenge—Howard and Alida Charney’s generous offer to match every dollar donated for the new building up to $5 million. We will soon have a technologically advanced facility, full of light and glass, supporting hands-on, collaborative learning for our students, connecting them to the leaders of Silicon Valley, and helping us attract and retain top talent, from incoming students to faculty members. Thanks to the Charneys, Santa Clara University, and so many of you, we are very close to meeting our $58 million goal. We are not just building a state-of-the art incubator for legal education at Santa Clara Law. We are also planning a bold future, with guidance from the University’s trustees. The trustee subcommittee on the Law School is chaired by Larry Sonsini, who recently won the 2015 Judge Learned Hand Award for his incredible contributions to the legal profession and the broader community (see page 2). Others on the Law School trustee subcommittee include Lou Castruccio B.A. ’60, Howard Charney MBA ’73, J.D. ’77, Jack Lewis, Kapil Nanda, and The Honorable Edward Panelli B.S. ’53, J.D. ’55. Each has made enormous contributions to the law, to business, and to shaping Silicon Valley while serving the University. Their wisdom and connections are critical as we become one of the premier Jesuit law schools in the country and one of the top schools in Northern California, with an unprecedented emphasis on law, technology, business, ethics, and justice. These themes intersect in so many activities happening at the Law School. This fall, we are excited to welcome back Professor Colleen Chien from her recent appointment as White House Senior Advisor, Intellectual Property and Innovation. Last month, Professor Chien spoke to the SCU community on ethics and innovation policy as part of the University’s IT, Ethics, and Law Speaker Series. Later in the semester, we will be hosting two constitutional law scholars on campus: The Honorable Antonin Scalia, Associate Justice of the Supreme Court of the United States, and Erwin Chemerinsky, Dean and Distinguished Professor of Law at the University of California, Irvine School of Law. This issue features some creative and successful Santa Clara Law alumni in that “other” California city to the south, Los Angeles, where we have the highest concentration of graduates outside the Bay Area (see page 16). We also explore the growing trend of alumni in J.D. advantage positions for which a law degree is helpful but not required (see page 10). Regardless of where our alumni are located or how they contribute to the community, I’m so proud to recognize them as part of our Santa Clara Law family.
law.scu.edu/sclaw
God bless,
SKIP HORNE Senior Assistant Dean, External Relations Elizabeth Kelley Gillogly b.a. ’93 Editor LARRY SOKOLOFF J.D. ’92 Assistant Editor Michelle Waters Web Marketing Manager JOHN DEEVER Copy Editor Amy Kremer Gomersall b.a. ’88 Art in Motion Art Director, Designer Karen Bernosky B.S. ’81 Madeline Fineman Ellen Lynch Jennifer Machado Marjorie Short Law Alumni Relations & Development
Santa Clara University School of Law, one of the nation’s most diverse law schools, is dedicated to educating lawyers who lead with a commitment to excellence, ethics, and social justice. Santa Clara Law offers students an academically rigorous program including certificates in high tech law, international law, public interest and social justice law, and privacy law, as well as numerous graduate and joint degree options. Located in the heart of Silicon Valley, Santa Clara Law is nationally distinguished for its faculty engagement, preparation for practice, and top-ranked programs in intellectual property. For more information, see law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; fax 408554-5201; email lawalumni@scu.edu or visit law.scu. edu/alumni. Or write Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053.
Santa Clara Law is printed on paper and at a printing facility certified by Scientific Certification Systems to Forest Stewardship Council (FSC) standards. From forest management to paper production to printing, FSC certification represents the highest social and environmental standards. The paper contains 10 percent postconsumer recovered fiber. AIM 10/15 11,700
A Lisa Kloppenberg Dean & Professor of Law Santa Clara Law
fa l l 2015 | vo l 2 2 n o 1
CONTENTS
K E IT H S UT T E R
FEATURES
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Insights Into Silicon Valley’s Success
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At a recent event in his honor, Larry Sonsini, SCU trustee and the chairman and CEO of Wilson, Sonsini, Goodrich & Rosati, discussed what he called the “special sauce” that makes Silicon Valley the premier place in the world for innovation.
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Scholarship Spotlight By ELIZABETH KELLEY GILLOGLY B.A. ’93
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L.A. Law By SUSAN VOGEL
Meet three Santa Clara Law alumni as they share the secrets that make the City of Angels a great place to live, practice, and—as important to these alumni—eat out.
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The Injustice of Wage Theft By RUTH SILVER TAUBE J.D. ’93
Scholarships are critical to recruiting the brightest students, keeping them here, and enabling them to serve the community during their legal studies. Meet some recent donors and recipients.
To many of us, it’s invisible, but to many workers, the unlawful failure to pay wages rightfully owed to them is an all-too common injustice.
The J.D. Advantage
DEPARTMENTS
By SUSAN VOGEL
2 Law Briefs
Many Santa Clara Law alumni work in careers that don’t require a J.D., but the solid foundation in the law gives them a huge advantage.
6 faculty news 22 class action 27 ALUMNI EVENTS
read THIS MAGAZINE ON THE WEB Visit us online for links to additional content, including the very latest news about our faculty, students, and alumni. Our magazine website also makes it easy to share articles from this issue (or previous issues) with friends and colleagues.
law.scu.edu/sclaw
Above: Soaking up the L.A. sunshine, Ajit Narang J.D. ’04 is the proud owner of a 2009 Pontiac G8 GXP with its V8 producing 450+ horsepower. Photo by Keith Sutter. Cover photo by Adam Hays.
LAW B R I E F S
Sonsini Receives Award and Shares Insights into Silicon Valley’s Success
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n June 30, Larry Sonsini, SCU trustee and the chairman and CEO of Wilson, Sonsini, Goodrich & Rosati, received the 2015 Judge Learned Hand Award from the American Jewish Committee (AJC) in San Francisco for his “extraordinary leadership and contributions to the legal profession and our community.” Sonsini has served as a trusted advisor to the leaders of many major companies in the Valley, from Google to Apple, Cypress Semiconductor to Tesla Motors. He is also deeply involved in and committed to higher education. In addition to his role as trustee of Santa Clara University since 2003, he serves the Law School as honorary chair of the High Tech Law Institute and chair of a trustee subcommittee, working closely with Dean Lisa Kloppenberg and her team to shape an entrepreneurial legal education at the intersection of law, technology, business, justice, and ethics. At the awards evening, the AJC, a group devoted to “promoting pluralism, tolerance, and civil rights,” gathered the leaders of the legal profession in Northern California and representatives of many democracies for tributes to the Silicon Valley legend. The capstone of the evening was when Sonsini spoke eloquently for 20 minutes—without any notes—on what he called the “special sauce” that makes Silicon Valley the premier place in the world for innovation. “First of all, we are fortunate to have an entrepreneurial culture in the Valley that is the envy of the world and a key to its future development,” Sonsini began. “Secondly, in this Valley, failure is not a stigma—people are willing to take risks and bring new ideas to bear,” he explained. “Thirdly, the diversity of the Valley, reflecting the United States and increasingly the globe, is key to its success,” added Sonsini, who touted his own firm’s award-winning diversity and discussed the benefits of a more open immigration policy. “There are three components of infrastructure that are necessary for
Lawrence Siskind (right) of Harvey Siskind LLP, presents the 2015 Judge Learned Hand Award to Larry Sonsini, SCU trustee and the chairman and CEO of Wilson, Sonsini, Goodrich & Rosati.
success: government, universities, and forward-looking corporations,” explained Sonsini, adding that the right level of governmental regulation is critical for spurring individual freedoms, protection of property, and ethical behavior. “It is not enough to build wealth at all costs,” he said. “For the Valley to be successful, we need a culture committed to the common good, including things like economic opportunity, great schools, and a safe environment. “Forward-looking corporations are a key part of the Silicon Valley recipe by developing management skills, commercializing technology, and investing capital.” In addition, Sonsini said, “we must recognize the importance of our great universities, including Stanford, U.C. Berkeley, and Santa Clara. Universities in Silicon Valley support students in creating new inventions and commercializing products, allowing for risk, growth and return, and the liberal licensing of technology.” Kloppenberg was among the many who attended the event in Sonsini’s honor. “I found interesting parallels in
his comments,” she said. “When Sonsini described his firm’s innovative approach to serving clients, it reminded me of a key focus of Jesuit education,” she said. “Rather than approaching a client’s various legal issues in separate pieces, Wilson Sonsini focuses on the ‘whole client’—much as Jesuit education focuses on the ‘whole person’ of the student.” Kloppenberg says she feels fortunate to be leading a law school in this worldclass region of innovation. “As we expose students to the views and experience of Sonsini and other Silicon Valley leaders, they can learn this entrepreneurial mindset and serve clients and society well as they think differently and see how the smaller issue fits into the whole picture,” she said. Sonsini, who is chair of a subcommittee of SCU Trustees helping to plan the Law School's future, says, “I am enthusiastic about the future of Santa Clara Law. We are on a course to build an elite law school with linkage to the technology industry in Silicon Valley and a commitment to prepare graduates to be outstanding professionals, to create value and serve humanity.”
New Mentorship Program at the Alexander Law Center
First Alexander Law Professorship Announced
By Sergio Lopez, director of external relations, KGACLC
sergio lope z
K EI T H SU T T ER
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ast fall, a $2 million gift from Katharine V. Alexander in honor of her beloved late husband George J. Alexander helped create the Katharine & George Alexander Professorship of Law, and the first recipient, Michelle Oberman, professor, was named at a ceremony in August. A nationally recognized scholar on the legal and ethical issues surrounding adolescence, pregnancy, and motherhood, Oberman joined the law school faculty in 2004. The Alexander Professorship supports student-centered education focusing on the potential for the law to promote access to and equality within the legal system. As the inaugural recipient of the professorship, Michelle Oberman Oberman has demonstrated both a commitment to public and professional service, as well as a dedication to furthering the distinctive mission and quality of Santa Clara Law. “Professor Oberman is an excellent exemplar of Santa Clara Law’s advocating for those with great need but few resources,” said Dean Lisa Kloppenberg. “She has pursued her scholarship in health and reproductive law in innovative and original ways, shunning dogma and ideology to gain a better perspective of the actual impact of law on people’s lives, particularly society’s least advantaged.” Katharine Alexander practiced law for 25 years as a public defender for Santa Clara County and taught law courses for several years at San Jose State University. The late George Alexander served as professor of law at Santa Clara University for 34 years and as dean of its School of Law for 15 years. In 2004, the Alexanders helped create what is now the Katharine & George Alexander Community Law Center, which educates law students by guiding them in providing pro bono representation to low-income individuals in several areas of law. In 2008, the Alexanders established the annual Katharine & George Alexander Law Prize, which recognizes and rewards lawyers who use their legal careers to help alleviate injustice and inequality.
KGACLC Executive Director Cynthia Mertens introduces mentors and students at the Law Center.
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n April, the Katharine & George Alexander Community Law Center (KGACLC) launched a new Mentorship Program that aims to help establish meaningful, professional relationships between experienced attorneys—many of them former Law Center students—and current students. “Our students will benefit from the advice and guidance of professionals who understand the importance of a solid legal foundation, the value of a strong professional network, and the weight of the KGACLC experience, which is highly prized among employers,” said Cynthia Mertens, professor and executive director of the center. For mentors, the program entails a four-month commitment to answer questions from students about their chosen legal field, and to give professional advice or even recommend courses and activities as students negotiate their path through law school. Once a connection is established, each pair determines the nature, direction, and pace of the mentoring relationship. One such relationship is that between Catherine Vega, a second-year law student, and Patricia “Tricia” Montalvo Timm J.D. ’95, senior vice president, general counsel, and corporate secretary at SugarCRM. The connection they formed soon after they met quickly resulted in an internship for Vega at SugarCRM. “I really appreciate Tricia’s mentorship. I am thrilled that I will be gaining experience in a new area and further developing our relationship,” said Vega. Vicki M. Huebner, assistant dean for the Office of Career Management, remarked that “the Law Center’s mentorship program is yet another example of our school’s proactive efforts to help our students launch their professional careers. This is an invaluable opportunity for them to ascertain their professional identity and build the soft skills—most critical for their career success—under the tutelage of more experienced attorneys.” If you are interested in volunteering as a mentor in the program, please email KGACLC@scu.edu.
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LAW BRIEFS
Santa Clara Law Hosts U.S. Patent and Trademark Office Roadshow and Hearing
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anta Clara University’s Institute of Sports Law and Ethics (ISLE) awarded its third-annual ETHOS Award for contributions to ethics in sports to a Denver-based organization called You Can Play. Its mission is to ensure equality, respect, and safety for all athletes without regard to sexual orientation. You Can Play works to guarantee that athletes of any sexual orientation are given a fair opportunity to compete, judged only by what they contribute to the sport or their team’s success. The organization recruits straight and gay athletes to spread the message of fairness, changing the conversation and landscape toward one of inclusion for LGBT (lesbian, gay, bisexual, and transgender) athletes. Along with partners, You Can Play has helped establish the world’s first LGBT sports camp for inner city youth. Supported by individual, corporate, and foundation donors, You Can Play and its affiliates have released hundreds of athlete-narrated videos supporting LGBT equality in sports and shown them to schools, league trainings, and national outlets. The organization helps support online “Take a Stand” petitions and influences team captains to sign a “Captain’s Challenge” pledging to respect all players, promote acceptance, and speak up against slurs. You Can Play has recruited supportive players from numerous teams and sports, including one from every NHL team in the league. You Can Play co-founder Brian Kitts addressed the United Nations Human Rights Council last year. The $5,000 award was presented at a special dinner held at SCU on May 6, attended by representatives of major Bay Area sports organizations, including the San Jose Sharks, Golden State Warriors, and the Oakland A’s.
n August, Santa Clara Law’s High Tech Law Institute (HTLI) hosted “AIA Enhancing Patent Quality and Conducting AIA Trials Roadshow,” the West Coast sitting of three national events sponsored by the United States Patent and Trademark Office (USPTO) to report on the results of its recently completed “Patent Quality Initiative,” and educate stakeholders regarding AIA trials heard by the Patent Trial and Appeal Board (PTAB). The event was co-produced by the American Intellectual Property Law Association. The conference portion of the event, held in the Locatelli Center at Santa Clara University, was attended by approximately 120 people, including many Santa Clara Law alumni, lawyers from HTLI benefactor firms, members of the High Tech Advisory Board, and a reporter from the Daily Journal. In his keynote address, Deputy Director of the USPTO Russ Slifer shared many interesting facts about the USPTO’s internal decision making, and he also took questions from the audience. Other leaders from the USPTO also spoke or attended, including Valencia Martin Wallace, deputy commissioner for patents; John Cabeca, director of the USPTO’s Silicon Valley Regional Office, and Marty Rater, USPTO chief statistician. The event concluded with a public sitting of the PTAB, an administrative court created in 2012 that hears approximately 2,000 patent challenges per year. Because this was the court’s first West Coast sitting outside the USPTO’s headquarters in Alexandria, the event was of great interest to local lawyers and students. In addition to the hearing’s three panel judges, many other PTAB judges were in attendance, and Deputy Chief Judge of the PTAB, Scott Boalick, gave an update on the state of the Board.
More info: youcanplayproject.org, law.scu.edu/sportslaw
More info: law.scu.edu/hightech
You Can Play Executive Director Wade Davis accepts the award from Ann Skeet, director of Leadership Ethics at the Markkula Center for Applied Ethics.
ETHOS Award Honors Sports Organization Battling Homophobia
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A Library for the Next Century
Social Justice Roundtable with Martin Sheen and Sister Helen Prejean In April, Santa Clara University’s College of Arts and Sciences Dean’s Leadership Forum hosted a community roundtable in conjunction with the campus visits of actor Martin Sheen and Sister Helen Prejean, member of the Ministry Against the Death Penalty and the author of Dead Man Walking, which became the basis for the film of the same name. The focus of the roundtable was sharing ideas about how to broaden and deepen social justice activism in our various communities.
B y P rano A mjadi J . D . ’ 9 4 H eafe y Law Li b rary c o - dire c tor
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More info: law.scu.edu/library
Roundtable participants included (back row, from left): Gary Macy, professor, SCU department of religious studies and SCU graduate program in pastoral ministries; Ricardo Ramirez, educator in San Jose; Fumi Tosu, Casa de Clara San Jose Catholic Worker; and Kathleen “Cookie” Ridolfi, professor, Santa Clara Law. Front row, from left: Martin Sheen; Ellen Kreitzberg, professor, Santa Clara Law; Margaret Russell, professor, Santa Clara Law; Sister Helen Prejean; Sister Maryann Cantlon, C.S.J., of the Restorative Justice Social Ministry, Diocese of San Jose; and Christopher Boscia J.D. ’08, Santa Clara deputy district attorney.
“Bend the Arc of Justice”
CHA RL E S BA R RY
aw libraries had long been considered the storehouses of human knowledge. But in the past few decades, it is clear that is no longer the case. With the commodification of information in the digital age, libraries are now the gateways to, not repositories of, information. Servers not shelves are the new storehouses of human knowledge. As we look toward the library’s place in the new law school building, we are leveraging our electronic resources so the library can reduce costs and its footprint while providing access to even more resources. For example, the library has drastically reduced its purchases of monographs in the last year, yet we have increased our access to a multitude of material via enhanced HeinOnline access and the addition of Bloomberg Law to our electronic database offerings. The materials added by expanding those two resources alone add thousands of titles to our collection. We are also proud of the growing size and use of the Santa Clara Law Digital Commons, launched in 2012 by associate librarian David Holt J.D. ’13. This free digital archive contains the academic “output” of the law school, including faculty articles (such as working drafts and empirical legal research projects), student journals, student scholarship, archival materials, and other documents used to support faculty research. To date, there have been more than 1.6 million downloads of the documents on our Digital Commons. Given the changes in the ABA accreditation standards, smaller class sizes, and the research habits of incoming students, we are encouraging students to focus on the services and electronic access the library offers. To that end, we are offering more personalized services including a new program for Fall 2015 that paired each incoming student with a personal librarian. We continue to look to innovative technologies that can contribute to the pedagogical goals of our institution and further promote the value of scholarship produced therein.
Chief Justice Tani Cantil-Sakauye received an honorary degree and gave a speech at the 2015 Santa Clara Law Commencement.
Graduates are “inheriting three centuries of unfinished challenges, which are morphing into modern-day, contemporary challenges,” said Chief Justice of California Tani G. CantilSakauye during her speech at the 2015 Santa Clara Law commencement ceremony in May. The 28th chief justice of the State of California and first Asian-Filipina American and second woman to hold the post, Cantil-Sakauye said, “You have approximately 50 privileged years to go hard, and bend the arc of justice.” During this time, she said, “bring a compass, and [let] the north on that compass be the rule of law. And [let] the other points on that compass be your values.”
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FACULTY NEWS
courtesy of ken manaster
Following are some highlights of faculty news and activities. For the latest, visit law.scu.edu/ faculty/faculty-news.
The July screening in Chicago brought together Professor Kenneth Manaster, Justice John Paul Stevens, and Chicago lawyer Nathaniel Sack, who was part of the small legal team led by Stevens in the 1969 investigation.
New Documentary Film Based on Manaster’s Book Professor Kenneth Manaster’s 2001 book Illinois Justice: The Scandal of 1969 and the Rise of John Paul Stevens (University of Chicago Press, with a foreword by The Honorable John Paul Stevens, Associate Justice of the Supreme Court of the United States) has been made into a documentary film titled “Unexpected Justice: The Rise of John Paul Stevens,” narrated by Peter Coyote. The book and film explore the investigation, led by a young and then-unknown lawyer John Paul Stevens, into the accusation that Illinois Supreme Court judges accepted bribes in exchange for a favorable ruling. The film debuted in July at a screening in Chicago at the offices of Sidley Austin LLP, a supporter of the film, and Justice Stevens was in attendance. “Edwin Austin was a major participant in the episode, and I was a young associate at that firm when I was ‘volunteered’ into the investigation of the scandal,” says Manaster. The first broadcast was on WTTW (the Chicago PBS station) in September, and it will be shown on other PBS stations across the nation in early 2016. The film will be screened at Santa Clara Law this fall. The paperback edition of Manaster’s book has also just been released.
K E ITH SUT TE R
Eric Goldman Named One of 2015’s Fastcase 50 Professor Eric Goldman, co-director of the High Tech Law Institute, was named one of 2015’s Fastcase 50, honoring the law’s smartest, most courageous innovators, techies, visionaries, and leaders. Also included on the list is High Tech Advisory Board Member The Honorable Paul Grewal.
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Prano Amjadi J.D. ’94, who joined the Heafey Law Library staff in 1988, has been promoted to co-director with Whitney Alexander, who joined the Heafey staff in 1998. Amjadi is also serving a three-year term as vicechair/chair elect for the Academic Law Libraries Special Interest Section of the American Association of Law Libraries, the largest subsection of the association with more than 1,400 members. Colleen Chien, associate professor, wrote an op-ed for Politico urging lawmakers not to gut an important patent-review law. The article garnered 6,000 readers its first day, as well as more than 400 shares on social media. She also wrote an article for the Washington Post: “Why It’s Time to Open up Our Patent System.” Eric Goldman, professor, was quoted in a report by Robert Half Legal titled Future Law Office 2020: Redefining the Practice of Law. The report examines legal trends and discusses expected changes within the profession in the next several years. His comments to Associated Press and Agence France Presse about how many people watched the Mayweather fight on streaming devices were carried by dozens of international sites and publications, from China Daily, Canadian Broadcasting Company, and Philippine Daily Inquirer to U.S. News & World Report. Deep Gulasekaram, associate professor, spoke to KTVU about the Supreme Court ruling upholding the Affordable Care Act. He was also quoted in a San Jose Inside story regarding a local upsurge in gun-carry requests and that story ran on several additional sites. Then, he was interviewed on NBC Bay Area, KLIV radio, and Chinese KTSF about the Supreme Court’s oral arguments about gay marriage.
Ellen Kreitzberg, professor, was interviewed by NBC Bay Area about the complications that might arise after the conviction of the Boston bomber. She also talked about capital punishment in a podcast with the National Constitution Center and participated in its discussion about the Supreme Court’s April hearing on capital punishment on a “We The People” podcast. Brian Love, assistant professor, wrote an op-ed for The Hill in Washington, D.C., about how restricting access to the patent review process could harm small businesses. Another of his op-eds on patent reform was published in the Wall Street Journal. He also spoke to Reuters about the Apple v. Samsung patent case in an article that appeared in more than 40 publications or sites including the New York Times, MSN News, and Yahoo! New Zealand.
Sandee Magliozzi, associate dean for experiential learning and clinical professor, was quoted in a Daily Journal article about how law school experience in clinics translates to more jobs than expected. She was also quoted in a report by Robert Half Legal titled Future Law Office 2020: Redefining the Practice of Law. Gary Neustadter, professor, was quoted in an article in the LA Times about lawmakers looking to bolster consumers’ rights to speak out against companies. The article was also picked up in several other publications including the Star Tribune and the Spokesman-Review. Laura Norris J.D. ’97, assistant clinical professor and founder/director of the Entrepreneurs’ Law Clinic, was named to The Recorder’s 2014 list of Women Leaders in Tech Law. Norris launched the Entrepreneurs’ Law Clinic in 2013, giving students a taste of deal work in the tech sector. Margaret Russell, professor, spoke about the Supreme Court decision on same-sex marriage to various news outlets including KGO Radio, KTVU, and Bloomberg Radio. Ruth Silver Taube J.D. ’93, faculty member, and the Katharine & George Alexander Community Law Center were highlighted in an NBC Bay Area News report on wage theft. The KGACLC offers a free labor clinic run by Silver Taube that helps victims of wage theft
“What is race? Who decides what race a person is? Should a person be able to decide her race for herself? These questions—posed to students on Day One of our law school’s Race and the Law class—arose with a vengeance ...when the parents of Spokane, Wash., NAACP chief Rachel Dolezal revealed her to be racially white—not the African American woman she held herself out to be.” —Professors Margalynne Armstrong and Stephanie Wildman, from their co-authored editorial in the San Francisco Chronicle on issues of racial identity related to recent questions about the topic in the media.
KEITH SUTTER
Bradley Joondeph, associate dean for academic affairs and Inez Mabie Distinguished Professor of Law, was commissioned to write an opinion piece for SCOTUSblog on the Supreme Court’s decision in Comptroller v. Wynne. He was interviewed by NBC Bay Area News about the Supreme Court ruling on same-sex marriage, and in the weeks leading up to the case, he was also quoted in other news stories, including one on KGO Radio. He also spoke to NBC 11 News about the constitutionality of the City of Oakland’s new policy requiring nighttime protesters to have a protest permit.
Laura Norris J.D. ’97 was named a Woman Leader in Tech Law.
seek reparations from those responsible. In February, she received the Beacon of Light award from the Wage Theft Coalition. The award ceremony was part of an all-day event, “Immigration Reform at a Crossroads,” presented by Santa Clara County Immigrant Relations and Integration Services. (See page 28 for an essay by Silver Taube.) David Sloss, professor, wrote an op-ed that ran in the San Francisco Daily Journal about how extraditions granted based on evidence gained through torture undermine treaty terms between nations. He also wrote an op-ed for the Daily Journal titled “Torturetainted extraditions undermine treaty obligations.” Tseming Yang, professor and director of graduate legal programs, wrote an op-ed about how new mileage standards for car manufacturers will both save consumers money and help mitigate climate change. It was picked up by more than 43 news outlets, including the Las Vegas Review Journal, Austin American-Statesman, Honolulu StarAdvertiser, and the Salt Lake City Deseret News. David Yosifon, associate professor, was a featured contributor in the New York Times’ “Room for Debate” section, discussing the problems with “shareholder primacy” for corporations in the age of the Supreme Court’s Citizens United ruling. His paper on corporate patriotism was featured in Legal Theory Blog. fall 2015 | santa clara law
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by ELIZABETH KELLEY GILLOGLY B.A. ’93
SCHOLARSHIP SPOTLIGHT Supporting Future Legal Leaders
“Scholarships are critical to recruiting the brightest students to Santa Clara Law, keeping them here, and enabling them to serve the community during their legal studies,” says Lisa Kloppenberg, dean, Santa Clara Law. “The generosity of donors helps make these scholarships possible, and we are so grateful for their help in making a legal education more affordable for our students.”
Are you interested in helping to contribute toward or create a scholarship at Santa Clara Law? Please contact Law Alumni and Development. Email lawalumni@scu.edu or call 408-554-1748.
Summer Grants Support Public Interest Work Each year, Santa Clara Law’s Center for Social Justice and Public Service awards grants totaling more than $155,000 to law students working in summer public interest positions as volunteers or for low pay. This summer the program funded 41 law students working at a variety of organizations in California and beyond. Many of the fellowships are named and funded by individual donors, including the Justice John Paul Stevens Fellowships, established by Charles “Skip” Paul J.D. ’75 in 2000 in honor of United States Supreme Court Justice John Paul Stevens. This year fellowships were awarded to four students: Nnennaya Amuchie, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; Paria Amini, Bay Area Legal Aid; Daniel Buffington, Oakland Pro Se Department of the United States District Court for Northern District of California; and Samantha Fuchs, Contra Costa County Office of the Public Defender. For more information or to donate, visit law.scu.edu/ socialjustice/social-justice-grants/.
Charles “Skip” Paul J.D. ’75, left, congratulates the Summer 2015 Justice John Paul Stevens Fellows, all of whom are 3Ls: Nnennaya Amuchie, Daniel Buffington, Paria Amini, and Samantha Fuchs.
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Three New Scholarships Created by Cotchett in Honor of His Colleagues A gift of $300,000 from nationally known trial attorney Joseph Cotchett, founder of Cotchett, Pitre & McCarthy, will fund three endowed scholarships in honor of three individuals in his firm: Philip Gregory J.D./MBA ’80, Niall McCarthy J.D. ’92, and Pete McCloskey. “It is a great honor to establish scholarships in the names of these three individuals who represent the very best of our profession,” said Cotchett. “Each of these individuals, while private practitioners, have given substantial amounts of their time and effort for the common good. Because of the rising expense of legal education these days, scholarships of this nature are essential to ensure that students of all financial ability have the opportunity to go to law school.” “We are very grateful for Mr. Cotchett’s generous support and for his investment in the lawyers of the future,” said Santa Clara Law Dean Lisa Kloppenberg. “These scholarships will help us in our mission to continue to attract the best and brightest students who will be prepared to make an impact at the complex intersection of law, technology, business, justice, and ethics.” Cotchett earned a B.S. in electrical engineering from California State Polytechnic University and a J.D. from U.C. Hastings School of Law.
Diversity Gala Awards Three Thurgood Marshall Scholarships At the 11th Annual Santa Clara Law Diversity Gala in February, participants enjoyed panel discussions and networking opportunities while raising funds for the Thurgood Marshall Civil Rights Scholarship. This scholarship is given to law students who demonstrate a commitment to equality, inclusion, and social justice for the diverse ethnic social groups that Justice Marshall worked diligently to protect throughout his career as a lawyer and a jurist. Three students received the 2015 scholarships: Ruby Renteria 2L, worked three years at California Rural Legal Assistance prior to law school. For the past year, she has been a legal extern at the Law Foundation of Silicon Valley, where she advocates on behalf of individuals living with mental health disabilities who have been victims of housing discrimination, unlawful evictions, or who are living in uninhabitable units. Allison Barnum, the pro bono manager at the Law Foundation, said that this scholarship enabled Renteria to continue providing muchneeded legal services to the Spanish-only community in Santa Clara County, truly advancing the Latino community’s access to justice.
Pictured above, Joseph Cotchett. Below: Philip Gregory J.D./ MBA ’80, Niall McCarthy J.D. ’92, and Pete McCloskey.
Jaslyn Johnson 2L, hosts a camp for African-American youth in the Bay Area through the Archbishop Mitty High School Outreach Program, and she serves as a court-appointed friend and advocate for Fresh Lifelines for Youth. In addition, she is active in the Black Law Students Association, through which she has worked with the undergraduate Black Student Union, and she will be working the Boys and Girls Club in East Palo Alto. Gregory Walker, the director of student activities at Archbishop Mitty, said that Johnson understands that her successes and achievements are all gifts to be used for the greater good of others. Diego Aviles 3L, worked in a law firm prior to law school, and he says he was motivated by the realization that the law could be used to help people “as a shield or a sword.” During law school, he has volunteered with Bay Area Legal Aid. He spent a summer at Neighborhood Legal Services in L.A. helping in the immigration unit. He has clerked at the EEOC and the Katharine & George Alexander Community Law Center. Patricia Castorena, a local attorney and past president of the local La Raza Lawyers Association, described Aviles as an exemplary young man who possesses the characteristics worthy of a recipient of the scholarship: demonstrated leadership, community involvement, and a deep-rooted commitment to ensuring diversity in the legal profession. fall 2015 | santa clara law
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“I was excited that Santa Clara was in the heart of the Silicon Valley, a great school, and a small, intimate learning environment.” —JULIE FLESHMAN J.D./MBA ’00,
who turned her passion for a cause into a career as CEO of the Pancreatic Cancer Action Network
THE J.D. ADVANTAGE Many law alumni work in careers that don’t require a J.D., but the solid foundation in the law is a huge advantage. BY SUSAN VOGEL
Artists, doctors, entrepreneurs. Architects, scientists, developers. Law school is no longer just for
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future lawyers. Laws profoundly impact so many professions, that law school has become a smart option for professionals in other fields or students exploring creative ways to design their own profession. For many, that means turning their passion into a successful career. Considering the varied backgrounds of Santa Clara Law students, it is no surprise that they find creative ways to use their law degrees. All three of the alumni interviewed for this article have leveraged their Santa Clara Law education to follow their passions into jobs that they love—from privacy to politics to non-profits. Following Your Passion Growing up in Toronto, Canada, Matthew Coleman J.D. ’14 loved technology. “I always wanted to have the biggest screen and the coolest features,” he says, “to be the first on the block with an iPod.” He was intrigued by computer graphics and the “storytelling power” of the world of games like Legend of Zelda. After college in Wilfrid Laurier University, in Waterloo, Ontario, the lure of Silicon Valley brought him westward with the desire to “work with innovative technology companies helping people become more productive,” he says. Plus, “there really wasn’t a career avenue for philosophers.” (He has joint degrees in philosophy and psychology.) In looking for law schools, Coleman says, “I did my research. I was very interested in practicing in Silicon Valley, and Santa Clara Law was a name that kept coming up as a school that had strong ties to the big players in Silicon Valley.” He enrolled in Santa Clara Law’s high tech program planning to go into patent law. Coleman’s law school classmate Rebecca Slutzky J.D. ’14 also followed her passion to law school. She inherited her love of politics from her father, who worked in the Clinton Administration and was a local elected official in Virginia, where she grew up.
“From a very young age both he and my mother instilled a strong belief that you have the ability to make a difference and that service to others is the most important thing you can do,” Slutzky says. “Politics is about bringing people together for a positive social impact. I can’t imagine a more rewarding career.” Slutzky was studying political science at Virginia Tech in 2007 when she was offered a position with the 2008 Hillary Clinton for President campaign as a field organizer in Iowa. After working on other campaigns across the country, she was ready for law school. Because of childhood memories of vacations on beaches and Disneyland, California beckoned. She “instantly fell in love with Santa Clara. The campus, the people. It had a very welcoming feel.” Julie Fleshman J.D./MBA ’00 had plenty of direction when she arrived on campus in the fall of 1997 right after graduating from U.C. Santa Barbara. But she had not yet found her passion. Interested in the law after an experience very similar to moot court in a high school civics class, Fleshman “was intrigued by civil rights and human rights and their relationship to the judiciary and legislative systems,” she says. “I was not sure exactly what I wanted to do, but knew a law degree would open up opportunities.” Growing up in Pleasanton, she had always had an entrepreneurial streak, like her father. “I thought I might practice law for a few years and then start a business,” she says. With that in mind, Fleshman began looking for J.D./MBA programs. “Santa Clara was one of the few schools that would take me straight out of college. I was excited that Santa Clara was in the heart of the Silicon Valley, a great school, and a small, intimate learning environment.” During her second year of law school, her father was diagnosed with pancreatic cancer. He was just 52 years old. “The doctors told him to ‘go home and get his affairs in order,’” she says.
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“I think that the skills that you learn in all extracurricular activities really shape your career. I loved those experiences at Santa Clara Law as much as what I learned in the classroom.”
—REBECCA SLUTZKY J.D. ’14, executive director of the Democratic Party of Virginia
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With the support of friends, colleagues, and her Santa Clara professors, she was able to “stay in school, finish school, and be there for my dad and my family,” she says. Santa Clara Law provided her a “very supportive and encouraging environment.” When Fleshman’s father died, just four months after his diagnosis, in June 1999, Fleshman was furious. “I couldn’t believe that there was a disease that we couldn’t do anything about,” she says. Fleshman shared her anger with the doctors, asking why they weren’t working harder toward a cure for the disease. They referred her to a new patient advocacy organization, the Pancreatic Cancer Action Network (PCAN), founded five months earlier by three individuals who also lost parents to the disease. Fleshman’s anger began turning into a passion for helping others. Testing the Legal Water Fortunately, a more common Santa Clara Law experience is internships and externships that help students confirm their career paths or change them. Coleman changed his mind about becoming a patent attorney after a first year summer internship with Samsung. “Just because you enjoy the study of a subject matter does not necessarily mean you will enjoy practicing in the area,” he says. “I love conversing with engineers, but I found that I did not really enjoy drafting and managing patents.” In the classroom, privacy law piqued his interest. He had been the victim “of back to back privacy breaches.” His second year summer experience sealed the deal. As a summer associate at the Federal Trade Commission in Los Angeles, he came to better understand how devastating the consequences of poor privacy or security practices can be on individuals. Even something as common as a low bank balance or some overdrafts can affect your ability to find employment or get insurance, he says. For the rest of law school he focused on privacy, working towards his High Tech Law Certificate. Slutzky’s law school experience was quite different from that of most students. Knowing that she was not going to practice law freed her up to “take a wide range of classes— sports law, entertainment law. Because I was not specializing I could fill my schedule with many of the more obscure classes,” she says. And, freed of the pressure to do moot court or write on a journal, she had time to participate in what she really enjoyed—student government and other extracurricular activities. “I was a vice president of the Student Bar Association my last two years,” she says. “I chaired the community service committee. I was co-president of Women in Law, and with the help of a great committee started the Law School’s Day of Service, which is now a biannual event.” She won the Santa Clara Law 2014 Dean’s Leadership Award and National Association of Women Lawyers 2014 Outstanding Law Student award.
Hitting the Ground Running Coleman, Slutzky, and Fleshman all landed their dream jobs upon graduation. As Fleshman was getting ready to graduate, she helped PCAN with an event. One of the founders mentioned they needed a brochure and asked if she could create it. Fleshman rallied her Santa Clara business school friends who connected her with a graphic designer and a printer. “The fact that I actually created the brochure led to more conversations with the founder, and the next thing I knew, I graduated from Santa Clara and was hired by the Pancreatic Cancer Action Network as their first full-time employee in May 2000,” she says. “l didn’t really know about nonprofits. I didn’t know about the cancer and health industries. But I was very passionate about the cause and Santa Clara had taught me about starting a business, having a plan.” “I was 25 years old and was hired to be the head of this organization. I believe my J.D./MBA degree from Santa Clara University gave the board of directors the confidence to hire me.” Coleman was offered a job with San Francisco-based TRUSTe, an 18-year-old company specializing in helping companies protect individuals’ data worldwide. This includes employment data, health data, even credit and sexual orientation. He says that his Santa Clara Law degree, including that High Tech Law Certificate with honors, played a role in his being hired. The certificate “was a great talking point during interviews,” he says. “People asked about what was required to earn the certificate, and I think it instilled confidence that I was capable of understanding and applying technical laws to new technologies.” As planned, upon graduation Rebecca Slutzky returned to politics working her first campaign in California as campaign manager for Yes on Prop 47, a statewide ballot initiative reducing sentences for certain low-level petty theft and drug possession crimes and redirecting funds to mental heath, education, and victim services. After its successful passage by voters, she returned to Virginia and, with her resume showing both her substantive legal training and her work in student government, landed the position of executive director of the Democratic Party of Virginia, where she is today. Bringing J.D. Skills to Other Realms Lawyers are continually putting their training into action: at work, in community service, civic engagement, and generally in life. Having been to law school means lawyers can analyze and problem solve; gather, organize, and make sense of mountains of information; and articulately present an argument on paper or orally. These skills translate well to a wide range of professions.
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Critical Thinking and Problem Solving When Fleshman began as PCAN’s first staff member and executive director, the nonprofit had $200,000 in the bank. Fifteen years later, with Fleshman its president and CEO, the organization has a budget of $37 million, offices in Los Angeles and Washington, D.C., 105 employees, and is growing. It has awarded $28 million in research grants and has served more than 90,000 patients and families through 60 volunteer affiliates around the country. Fleshman says she uses the skills she learned at Santa Clara Law every day. “Thinking critically, juggling multiple issues, legal and governance questions. A legal background is a terrific framework for everyday problem-solving in a growing organization.” Coleman, as manager for enterprise privacy solutions of TRUSTe, consults with large enterprises on their data management processes, often helping them develop their privacy programs from the ground up and ensuring that their practices meet minimum standards for international data transfers, he says. He uses his law training and experience in “assessing and understanding legal requirements, issue spotting necessary remediation of a company’s data practices, and explaining technical requirements to a wide variety of clients,” he says. “It’s a wonderful, hands-on client management role that not many other new lawyers get the opportunity to do.” Communication Fleshman finds great value in first year legal writing classes and in those awkward moments when you are called on in class the only day that you are unprepared. “The most important skill set as a CEO is communication,” she says. “You cannot be a good leader without excellent communication and writing skills. Writing is one of the most important things in the business world. Law school helps you be succinct and clear in your writing. Being called on in class, speaking up, and becoming comfortable communicating orally are all things that help develop skills for leadership.”
Substantive Law Santa Clara Law gave Coleman a leg up in what he calls a “quasi-legal” job. It also positioned him to become a certified information privacy professional, which is a requirement for many jobs in the growing privacy field. He credits his Santa Clara Law professors with teaching him the essentials in his field. “Professor Eric Goldman’s Internet Law course taught me all the different potential types of law that may affect a company conducting business with an internet presence, which is every company these days,” he says. Coleman also had the opportunity to take a privacy law course with Santa Clara Law adjunct faculty member Scott Shipman J.D. ’99, GC and chief privacy officer at Sensity Systems and former GC and privacy officer at eBay. “Privacy Law was a great survey of privacy laws from around the world,” says Coleman. “Shipman gave a great perspective on how these laws affect a large enterprise.” Coleman’s clients are often large companies that have grown through mergers and conduct business internationally. “The range of privacy laws worldwide are as varied as the countries themselves,” Coleman says. “Germany has some of the world’s strongest laws in terms of protecting people’s information,” says Coleman. “Other countries have no data protection laws. China, in particular has relatively low protection. Individuals don’t retain rights to their information. Privacy law in the U.S., in contrast, is very undefined,” he says. “Kind of like the Wild West.” Community and Creativity When a law school admits creative people with interests beyond the law, the result is lawyers who use their law degrees in creative ways. Santa Clara Law welcomed a philosophy major interested in patent law, a brand new college grad wanting a J.D./MBA without knowing exactly what to do with it, and a political organizer who did not want to practice law. All of them found generous support among Santa Clara Law faculty and administration for pursuing their passions. “That’s something SCU is really great about doing,” says Slutzky. “You don’t just show up and go to class. They do a great job of creating a community atmosphere.” JO A NNE H. LE E
Leadership/Community The organizing and leadership skills that Slutzky honed at Santa Clara Law transferred directly to her job as executive director of Virginia’s Democratic Party. “I started out doing field work, having direct contact with voters, and recruiting volunteers. Later, I worked to get groups on board. When you are managing, you are doing a little of everything, crafting a message, supporting party members across the state,” she says. “I think that the skills that you learn in all extracurricular activities really shape your career. I loved those experiences at Santa Clara Law as much as what I learned in the classroom.”
Contracts/Negotiation Slutzky also credits Santa Clara Law for other skills she uses on a day-to-day basis. “I’m using the negotiating skills I learned in law school. I review contracts, legal disclaimers in direct mail pieces. I need to understand campaign finance laws. And I am always working with our legal team.” Slutsky sharpened her contract drafting skills through an externship reviewing pro athlete and entertainment contracts with Wynn Silberman J.D. ’04, a former NBA athletic agent who teaches at Santa Clara. “He was a fantastic mentor,” she says.
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“I was very interested in practicing in Silicon Valley, and Santa Clara Law was a name that kept coming up as a school that had strong ties to the big players in Silicon Valley.” —MATTHEW COLEMAN J.D. ’14, who uses his law training and experience to help his company implement effective privacy solutions
By SUSAN VOGEL | photos by keith sutter
Meet three Santa Clara Law alumni who work and play (and eat) in sunny southern California. There is something about L.A. Those who are from there know it. Those from the Bay Area are unsure. We envy the weather, the art, and sometimes the late night glam that sleepy San Francisco lacks, but we resist the idea of driving three hours to meet a friend for coffee. Meet three Santa Clara Law alumni lawyers as they share the secrets that make the City of Angels a great place to live, practice, and—as important to these alums—eat out. The New American Graffiti: Ajit Narang J.D. ’04 From Gloria Swanson’s leopard-upholstered Isotta Fraschini in Sunset Boulevard to Ben Braddock’s Alfa Romeo Spider in The Graduate, high profile, well-kept cars are synonymous with Los Angeles. If you are around the San Fernando Valley, you may spot this beauty: a 2009 Pontiac G8 GXP with its V8 producing 450+ horsepower. Proud owner Ajit Narang J.D. ’04 adds: “Corvette engine, stick shift, Brembo brakes, and Recaro car seats in the back.” It’s one of just 1,829 ever made. As a kid growing up in L.A., Narang “had this knack for cars, technology, and science,” he says. “I dreamed of working at NASA and going into space.” Narang began in U.C. San Diego’s aerospace program, but later when the program restructured, he switched to mechanical engineering—a natural transition with his love of cars. But his enthusiasm for working as an engineer waned. He wasn’t sure about his next move until a patent attorney suggested he combine his interest in science and technology with his passion for debate and logical reasoning. He applied to several law schools, but with Donald Chisum, author of the 30-volume Chisum on Patents, heading up its patent program, choosing Santa Clara “was a no-brainer,” he says. “Santa Clara Law was a great choice for me because the IP focus complemented my mechanical engineering degree allowing me to fulfill my passion of being a technology attorney,” he says. “Its Northern California location in the heart of Silicon Valley provided excellent access to jobs/internships, not just at law firms but technology companies alike—something especially good for those looking to work in-house.” 16 santa clara law | fall 2015
A Little Email, a Lot of Persistence Narang took full advantage of Santa Clara’s offerings, including the patent law summer program in Munich, Germany, overseen by Chisum, where Narang interned at a German patent law firm. He was managing editor of the Santa Clara High Technology Law Journal (Volume 20). A subsequent internship at a Fremont, California, tech firm convinced him he wanted to work in-house, but, as he explains, “everyone said you can’t go in-house directly from law school; you need law firm experience.” On a trip to Los Angeles in April of his third year of law school, Narang noticed a new building with a sign reading “Medtronic MiniMed.” He learned that Medtronic was a multinational medical device company whose diabetes headquarters was based there. Further sleuthing and emailing—using his Santa Clara Law email—led him to the attorney who oversaw patent activity at MiniMed. “Paul Kovelman was so struck at how I tracked him down, he suggested a phone call and we spoke for an hour. He offered to take me out for lunch when I moved back to L.A. to study for the bar exam.” Narang followed through. He started working as an in-house patent attorney at Medtronic MiniMed the Monday after bar results were posted in 2004. Straight out of law school. After four years, he wanted more business understanding. “I started working on projects requiring collaboration with other functions, including business development, finance, sales, marketing, supply chain, and I began expanding my work.” As Narang’s role grew, the Diabetes Group of Medtronic began asserting its patents (some authored by Narang) on a worldwide basis. Narang was told to “run with it.” He worked with outside law firms to litigate in the U.S. and Germany, resulting in multimillion-dollar settlements and cross-licenses against his company’s largest competitors. The success culminated in Narang’s receipt of Medtronic’s Transformational Leadership Award earlier this year. As of February 2015, Narang is senior legal director and chief counsel for Medtronic’s $1+ billion Intensive Insulin Management (IIM) business unit. He oversees all IIM legal matters and sits on the IIM leadership team.
“Santa Clara Law was a great choice for me because...its Northern California location in the heart of Silicon Valley provided excellent access to jobs/internships, not just at law firms but technology companies alike—something especially good for those looking to work in-house.” —Ajit Narang J.D. ’04
Seva: Giving Back Medtronic has also given Narang an opportunity to pursue another passion: giving back. “I have always been committed to service,” he says. “In my family we practice the Sikh religion. Seva, or ‘selfless service,’ is a core principal of our faith.” At Santa Clara, Narang won Santa Clara Law’s Pro Bono Award for his work with Fresh Lifelines for Youth, an organization helping kids convicted in juvenile court by teaching them about the law. In his first years at Medtronic he volunteered at the Los Angeles County Courthouse helping victims of domestic violence. Currently, he serves as a Medtronic Fellow on the Leadership Council on Legal Diversity—a national organization of more than 225 corporations and law firms working to build a more open and diverse legal profession.
No Panda Express Maintaining his cultural heritage is very important to him and his wife, Rashmi Reddi J.D. ’12, whom he met at an Indian dance (Bhangra) competition at UCLA when he was an undergrad. They reconnected through Santa Clara University’s cultural offerings: Narang helped Rashmi choreograph dances for her Santa Clara team. “For us, cultural connections are hugely important,” says Narang, who is fluent in Hindi and Punjabi. One advantage of living in Los Angeles, he says, is its cultural richness and diversity. “There are over five Sikh gurdwaras and Hindu mandirs within a 30-minute radius of where we live.” And then there’s the food. Ajit and Rashmi’s children, Sahana, age 5, and Sumeet, age 3, are spoiled by the great offerings of Los Angeles: not just Indian food which they routinely cook at home, but Korean short-rib tacos from the Kogi Truck that kicked off the gourmet food truck revolution, black pastrami reuben sandwiches at Brent’s Delicatessen in Northridge, and Chinese soup dumplings (xiao long baos) at Din Tai Fung in Arcadia. “My kids won’t go to Panda Express,” he says jokingly. fall 2015 | santa clara law
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“There’s nothing more satisfying than winning for the client who’s been wronged.” —Ricardo Echeverria J.D. ’93
From Cows to Court: Ricardo Echeverria J.D. ’93 Orange County was mainly ranches and orange groves in the 1950s when Ricardo Echeverria’s father, Juan, arrived there in 1955 from Euskadi, Spain, the autonomous community known as Basque Country—and the birthplace of Father Ignatius de Loyola. Juan planned to milk cows until he earned $10,000, and then return to Spain. But Juan stayed in the United States, returning to Spain in 1964 just to visit his family. It was during this visit that he met Dolores, now his wife of over 50 years. The two married and returned to California later that year. They began their new life with 124 cows; they now have nearly 10,000. Ricardo Echeverria J.D. ’93 grew up on the family’s dairy farm in Chino, Calif., with his older brother, Javier. Their first language was Euskara, a unique “language isolate” sharing no known roots with other languages. “It was a 40-yard walk to the barn where we worked side by side with our parents,” says Echeverria. “We had everything we needed on the dairy. It was a nice way to be raised, but it was a lot of work as a kid. We’d get up at 4:30 in the morning to go to work taking care of the cows.” Despite crack-of-dawn chores, Echeverria was a top student. He enrolled at Cal Poly San Luis Obispo, thinking he would become a veterinarian. But when he realized that “the only animals I cared about were cows,” he changed his major to agricultural business. He was student body president his senior year, graduating magna cum laude. Echeverria had not considered law school until he saw other students applying. Encouraged by Michael J. Bidart, an attorney and a member of the Basque community who had known Echeverria since childhood, he chose Santa Clara Law. Finding Your Talents Echeverria had never seen a trial, but based on movies, he knew he wanted to be a trial attorney. “I was fascinated with the idea of being in court, with the dynamic of a jury trial,” he says. Despite his excellent academic record in undergrad, at Santa Clara Law, he describes himself as “the best C-student Santa Clara Law has ever had,” adding that he was “not a good reader,” and law school was mostly reading. As with many Santa Clara Law students, however, he was able to sample different areas of law to hone in on what he enjoyed and excelled at. Through moot court competitions, he found his talent, his comfort on his feet arguing in the courtroom, and what he has loved for 22 years. He won the overall 1993 Moot Court competition, was awarded the Best Oralist distinction, and subsequently forged a close relationship with former California Supreme Court Justice Edward A. Panelli B.A. ’53, J.D. ’55. Summers during law school, Echeverria worked at Bidart’s firm, now Shernoff Bidart Echeverria Bentley, with offices in Claremont and Beverly Hills. Upon graduation, Echeverria
joined the firm, beginning the insurance bad faith and personal injury trial practice he continues to this day. “I fell in love with the practice and with the firm,” he says. “There’s nothing more satisfying than winning for the client who’s been wronged.” The work enables him to “learn so much about different things,” he says, since insurance covers so many aspects of life—from driving, to homes, to health care, to liability. One of his cases involves a health insurance provider that denied a woman a drug that would cure her Hepatitis-C. Another, the tour cancellation insurance policy of a rock band’s five-city China tour. Echeverria’s trial victories have included jury verdicts of $15 million, $7.2 million, $5.1 million, and seven cases worth between $3.6 million and $1 million—plus his biggest, $25.7 million in a catastrophic personal injury case. A Solid Foundation for Practice Echeverria enjoys practicing in Southern California, especially because of his involvement with the 3,000-member Consumer Attorney Association of Los Angeles (CAALA). Now first vice president, he is slated to become its president in 2017. “The L.A. plaintiff ’s bar is a very vibrant and healthy group,” he says. “They are very supportive of each other. It’s great to see lawyers working together so everyone can be better trial lawyers.” For 15 years he has been returning to Santa Clara Law to reconnect and to guest teach a class on insurance bad faith for Eric Wright’s course on Advanced Torts. Though his fondest memories of Santa Clara Law are of the moot court competition that allowed a C-student to find his real talents, he has a great overall appreciation for the education he received. “The most valuable thing was that Santa Clara law really prepared me to pass the bar and provided me a solid foundation for practicing law. A lot of what you need in practice you don’t learn in law school, but you need that foundation.” Rock ’n’ Roll Echeverria has a passion for art and for music, mostly rock and roll. He has a collection of more than 250 guitars autographed by musicians ranging from the Beatles, Mötley Crüe, Aerosmith, and The Eagles, and a red piano signed by Elton John. You can often find Echeverria in Bakersfield. He and Javier are owners of J&R Dairy. And for the Basque comfort food he grew up with—lamb chops, oxtail stew, roasted chicken, and steaks, always served family style—he heads to his favorite Basque restaurant in Bakersfield, Wool Growers. “It’ll be packed on a weekend night,” he warns. “Tell them I sent you and say hello for me,” he says. “Ricardo Echeverria igorri gaitu eta haren partez goraintziak,” in Basque.
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The Art of the Trial: John Shaeffer B.S. ’85, J.D. ’88 Los Angeles litigator John Shaeffer J.D. ’88 has been trying cases every year for the past 17 years. Weekdays, he sleeps only five hours a night. On weekends, he catches up with eight hours of sleep and he sleeps 16 hours when he is on vacation, though “I haven’t taken a vacation in three years,” he admits. What keeps him sane? He says it is the same thing that gets him through his 5 a.m. yoga class: “You get in crazy positions and you relax. You don’t internalize the stress.” Shaeffer, a partner at Fox Rothschild LLP’s Century City office, is the rare attorney who loves litigation. It appeals to his curiosity about just about everything. Which is why he has never specialized. He tries environmental cases, patent, copyright, and biotech. “I’m a weird breed of lawyer,” he says, “Doing just one thing would bore me.” Shaeffer feels that this is one of his advantages. “Research has shown that once you master a subject you become dogmatic about doing things a certain way. If I am litigating a trademark case, I can say, ‘Here’s how we do it in a products liability case.’” A Supportive Atmosphere At Santa Clara Law, Shaeffer fell in love with antitrust. He enjoyed sparring with his professors, but also the supportive atmosphere at Santa Clara. After graduation he joined a small antitrust firm, Furth, Fahrner in San Francisco, then moved to Kaye, Scholer, Fierman, & Hays LLP in L.A., where he got eight years of “trial after trial after trial.” He then joined an exiting Kaye Scholer partner to form O’Donnell & Shaeffer, in Los Angeles. Over the 10 years that he ran the firm, he litigated many different types of cases and settled the largest environmental case in U.S. history. (His client, Lockheed, having been required to clean up a Superfund site caused by its manufacture of airplanes, sued the U.S. government on the basis that the government had scripted every aspect of the manufacturing process, down to the toxic chemicals used.) Consistent with his belief in bringing different perspectives into legal analysis and trial work, he often hired philosophy majors and history Ph.D.s as staff. “They couldn’t get jobs,” he says. “Deconstructivism had begun making philosophy pointless.” Shaeffer joined the Los Angeles office of Lathrop & Gage in 2010, and this year moved to Fox Rothschild, where he is officially a litigator in the intellectual property department, but “will try any case.”
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Mastering Chaos If you are a trial lawyer, says Shaeffer, “you have to like chaos. You have to assume everything will go wrong.” In preparing for the worst, Shaeffer draws on an unlikely source: his undergraduate minor from Santa Clara University...in Art. His art minor allowed him to try out different forms of art including painting, film, music, and performance art. He created massive abstract paintings, drawing on Carl Jung’s ideas of universal symbols. For him, preparing for trial is not so different from painting a canvas. “You make something out of nothing,” he says. “I am always trying to position things into a painting, or into a story.” Having a story and being super prepared (plus being keenly aware of the jury’s reactions) are the keys to success at trial, he says. “In a trial, I am so prepared that if I get hit by a truck, anyone can pick it up and do it. It flows so easily.” That degree of preparation is not lost on the jurors. “Juries like the lawyer who best explains things to them,” says Shaeffer. “When I lose cases, I ask myself, ‘Where did I fail in not telling a compelling story?’” Distractions Music, says Shaeffer, is what he uses, as well as yoga, to “stay sane.” He listens to all kinds, from all over the world, from death metal to an eight-hour DVD that is essentially silent. Shaeffer also creates his own music, digitally. He has an eight-song album planned. “I have to have something to distract me,” he says, “because I love to work.” Another distraction is cooking—the more complex the better. “Anything I eat, I can make,” he says, “I can taste all the spices in it.” (With nearly 500 spices in the kitchen, he says he has been stumped only by Oaxacan mole negro.) Shaeffer finds LA’s “fine dining” “uninteresting,” but he and his wife, Melissa Shaeffer MBA ’88 (their two kids are at college at Syracuse and Berkeley) will drive from their home in Encino Hills across town for ethnic food. “When Melissa wants a steak, we drive 90 minutes to East L.A., to El Gallo Grill where they cook the steak on almond wood,” he says. “If you want good food in L.A.,” he says, “call me.” In Class: “Entertain Me” For the past 10 years, Shaeffer has flown to the Bay Area from L.A. to teach a class at Santa Clara Law on entertainment/new media law. Shaeffer says he values his connection to Santa Clara. People talk about the “Santa Clara distinction,” he explains. “To me, it’s that people work together. It wasn’t as much a zero sum game in which ‘I have to do better than you.’ It was more like, ‘we’re all in this together and we’re going to get through it.’”
At Santa Clara Law, John Shaeffer B.S. ’85, J.D. ’88, fell in love with antitrust. He enjoyed sparring with his professors, but also the supportive atmosphere at Santa Clara.
In his New Media Law class, Shaeffer challenges his students to tap into their own creativity. Their final project “has to be something you learned in class, and it has to be something that will entertain me,” he says. To date, students have submitted songs, music, and training materials for artists. Shaeffer would even accept a painting. L.A. Has It All Excellent food, sports cars, art, music, cows. Santa Clara Law alumni are clearly enjoying everything Los Angeles has to offer. And should you choose to follow the culinary treasure map of these three alumni and happen to need a car tune-up for the long drive, head on over to the Valley, where you may run in to Ajit Narang.
Weekends, when he is not savoring the gastronomy of Los Angeles, Narang is often tinkering on his Pontiac with fellow Santa Clara Law alumnus (and Pontiac G8 owner) Konrad Chan J.D. ’04, who recommended the model to him. “We are debating about getting a car lift for one of our garages,” says Narang. Well, that’s one more thing to discuss over kreplach at Brent’s. Susan Vogel is an attorney and frequent contributor to Santa Clara Law.
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CLASS A CTI ON CHA R LE S B A R RY
Send us your news!
Alumni
Keep your fellow law alumni posted on what's happening.
1972 G. Edward Rudloff
Email your news to lawalumni@scu.edu or send to Law Alumni Relations Santa Clara University 500 El Camino Real Santa Clara, CA 95053
22 santa clara law | fall 2015
Jr. is president of the law firm Foran Glennon Palandech Ponzi & Rudloff in San Francisco.
1973 Barry Leigh
Weissman has joined Carlton Fields Jorden Burt as a shareholder in its Los Angeles office. He brings many years of experience in the insurance and reinsurance industries. He also has represented clients in Europe and Asia on reinsurance and commercial matters, many of which have involved cross-border issues such as mergers and acquisitions, dispute
resolution, and various regulatory matters. Previously, he was a partner at Edwards Wildman Palmer.
partner at the Anchorage law firm DeLisio Moran Geraghty & Zobel. Jim Hartnett is the general manager of Caltrain.
1975 Congresswoman
Zoe Lofgren authored an article in the Santa Clara Law Review, “Do Modern Americans Have Fourth Amendment Protection?,” examining the legal implications of government data collection, the physical boundaries of the Fourth Amendment, and data privacy rights.
1978 Michael Geraghty
practices with Oles Morrison Rinker & Baker in Anchorage. He served as Alaska’s attorney general from 2012 to 2014. Previously, he was a
Elizabeth Barrett-Anderson J.D. ’79
1979 Elizabeth Barrett-
Anderson, a retired judge of the Superior Court of Guam, was elected Attorney General of Guam in 2014. She previously served the government of Guam for
1980 33 years, and is credited with the creation of the Driving While Influenced Court and the rules of procedure and practice in the field of domestic violence. She is a strong advocate for victims’ rights, consumer protection, and child support enforcement. Steve Hartsell received the James L. Murdoch Lifetime Achievement Award from the Coalition for Adequate School Housing. He was honored for his work as a school attorney since 1982. He has worked in San Diego and Kern counties and currently works in Humboldt County as general counsel for the North Coast Schools Legal Consortium. He was on the CASH board from 1989 to 1997 and later served as its legal advisor.
Alumnus honored with Louis I. Bannan, S.J., Award Charles Packer J.D./MBA ’80 received the Louis I. Bannan, S.J., Award from the Santa Clara University Alumni Association for 2014. He practices trusts and estates law at the San Jose law firm of Hopkins & Carley. As chairman of the University’s Planned Giving Advisory Council, Packer has shaped and grown the Bergin Society, a recognition program for those with SCU provisions in their estate plans. He also co-chairs the planning committee of Santa Clara Law’s Jerry A. Kasner Estate Planning Symposium, which attracts more than 500 professionals each year, and proceeds raise money for an endowed professorship in Kasner’s name.
1981 P. Gregory
Giordano is a partner and vice chair of the Gaming Practice Group at the law firm of McDonald Carano Wilson in Las Vegas, Nev. His practice focuses on gaming compliance, licensing, and regulation.
1982 Mary Alexander
was named one of the Top 25 Plaintiff Lawyers in California for 2015 by the Los Angeles Daily Journal in July. She received the award for her work trying a landmark lawsuit against lead paint makers. In January 2014, Alexander, alongside Cotchett, Pitre & McCarthy LLP and the assistant county counsel for Santa Clara County, received a $1.15 billion bench verdict in favor of their clients. In April 2014, she was named San
Mary Alexander J.D. ’82
Francisco Trial Lawyer of the Year, together with her other co-counsels and legal team in the case. Lynne Meredith was named an Outstanding Woman of the Year by the Stanislaus County Commission for Women. A Stanislaus County Superior Court commissioner, she volunteers to help improve the lives of young women in Stanislaus County. As a certified family law specialist and a trained mediator, she teaches workshops on family
law issues and leadership training for women. Michael Nordstrom is an independent director of the board of directors of S&W Seed Company. Previously, he was director of the company from 2009 until 2013, when he became senior advisor and chair of the company’s Australian subsidiary. He practices law in Hanford, Calif., specializing in water and agricultural law. He also operates an agricultural real estate firm.
1985 Maggie Fleming
is the district attorney of Humboldt County. She joins three other elected district attorneys in California who graduated from Santa Clara Law: Candice Hooper J.D. ’85, San Benito County; Dan Dow J.D. ’05, San Luis Obispo County; and Stephen Carlton B.S. ’65, J.D. ’68, Shasta County.
Charles Packer J.D./MBA ’80
1986 Barbara Small is a
partner at GCA Law Partners. She handles the firm’s trusts and estates practice. William Storum B.S.C. ’79 has published Going for the Gold: Preserving Wealth, Lowering Taxes which advises how to use gold to preserve net worth and achieve financial goals.
1987 Julie Mar-Spinola
has an expanded role at Finjan Holdings as its chief intellectual property officer. She has been with the company since February 2014 as its vice president of legal operations. She is also chair and co-founder of ChIPs, a nonprofit organization, which supports, educates, and promotes the advancement, development, and retention of women in IP and technology. California Governor Jerry Brown has appointed James P. Cramer
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CLASS ACT ION
B.S. ’82 to a judgeship on the Alameda County Superior Court. He previously served as an assistant public defender in the county since 2004. He was supervising legal research attorney at the Alameda County Superior Court from 2000 to 2004 and was a deputy district attorney in the county from 1987 to 1988. He also spent many years in private practice.
1988 Chuck Miller
B.S. ’85 is a business development manager for American Pacific Mortgage in Walnut Creek. He is also the JV basketball coach at De La Salle High School in Concord. He has a daughter in college and a son in high school. He serves on the SCU national alumni board. John Shaeffer B.S. ’85 is a partner at the Los Angeles office of Fox Rothschild. He teaches new media law at the law school. See page 20.
1992 Alexandra Horne
has joined Hoge Fenton in San Jose. An IP practitioner, she previously was at Lewis Roca Rothgerber. She counsels clients on trademark registration, licensing, and enforcement.
1993 Scott Bortner
B.S. ’85 is vice president of intellectual property for RainDance Technologies. He is responsible for strengthening and defending the company’s IP portfolio underlying its core digital droplet technology and applications for noninvasive biopsy research. During his career, he has held senior IP counsel positions at law firms and life sciences companies such as Applied Biosystems, Affymetrix, and Natera. Andy Breuner is the city court judge in Belgrade, Montana. Ricardo Echeverria is a trial attorney with the law firm of Shernoff Bidart Echeverria Bentley, where he handles both insurance bad faith and catastrophic personal injury cases. See page 18.
1994 Zollie Stringer
launched Zeta Sierra, which provides research, writing, and advisory support for nonprofits.
1995 Cara Ching-Senaha 1990 Colette Rausch
has written a book, Speaking Their Peace: Personal Stories from the Frontlines of War and Peace. She is vice president for governance, law, and society at the United States Institute for Peace in Washington, D.C.
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leads the employment law practice at Moscone Emblidge Sater & Otis in San Francisco. Previously she was a shareholder at Jackson Lewis. She has successfully tried cases to verdict in California and Hawaii.
1997 Jim Markwith
is a co-founder and the managing partner of Symons
Markwith LLP’s Seattle area office. His clients range from start-ups to multi-national publicly traded corporations, representing a range of industries and offerings, including Healthcare IT, computer software, data analytics, standards development organizations (SDOs), technology application publishers, and other emerging technologies and services.
1998 Michael DiSanto
is chief administrative and legal officer of Limelight, a global leader in digital content delivery. Previously, he was a partner at Bingham McCutchen, and Dinsmore & Shohl. Earlier he co-founded the Silicon Valley office of Reed Smith. Lisa Haugh is general counsel at online learning company Udemy. Previously, she was GC at Achievers, Extole, and Intraware Inc., and associate GC at Livescribe Inc. and OpenTV. She started her legal career at Preston, Gates & Ellis (now K&L Gates). Michele Moreland B.A. ’89 leads IP strategy for SITO Mobile. Previously, she was director of acquisitions for RPX Corporation.
1999 Scott Shipman is
general counsel and chief privacy officer of Sensity Systems, a pioneer in light sensory networks. Previously, he was at eBay, as an in-house attorney.
2000 Julie Fleshman
J.D./MBA is executive director of the Pancreatic Cancer Action Network. See page 10.
Dori Yob J.D. ’03
2003 Dori Yob was on
the Silicon Valley Business Journal’s 2015 Women of Influence Annual List. She co-chairs the litigation department at Hopkins & Carley. She is also chair of the San Jose Planning Commission.
2004 Mehdi Khodadad
was named one of the 2015 Lawyers of the Year in the tech category by American Lawyer. He led a team of Cooley attorneys who brokered a deal to take Paratek Pharmaceuticals public through a reverse IPO, the largest-ever reverse IPO merger in the life sciences sector. Ajit Narang is senior legal director and chief counsel for Medtronic’s $1+ billion Intensive Insulin Management (IIM) business unit. See page 16. Christine Peek, an attorney at McManis Faulkner in San Jose, was named a California Lawyer of the Year by California Lawyer magazine. She was honored in the civil rights category for her successful challenge to the secret federal no-fly list.
McLean is a shareholder at Greenberg Traurig in East Palo Alto, where he focuses on trademark and copyright. Previously, he was at DLA Piper.
2006 Eric Hutchins was named a California Lawyer of the Year by California Lawyer magazine. He was honored in the intellectual property category for his work representing memorycell maker Sidense in an infringement lawsuit, easing the way for defendants to obtain attorney fees when they prevail in patent litigation.
2007 Yadhira Gutierrez
is a family law associate at Hoge Fenton. She works with the Santa Clara County Pro Bono Project and as a family courts orientation instructor for the Santa Clara County Superior Court. In 2014, she received the Henry B. Collada Memorial Award
from the Santa Clara County Bar Association’s Family Law Section for her outstanding service.
2008 Melissa Hung is an
associate at Farella Braun + Martel, where she does estate planning. Previously she was at Anderson Yazdi Hwang Minton + Horn in Burlingame.
2009 Tae-Woong Koo,
senior associate at Morgan, Lewis & Bockius LLP, was included in the 2015 Silicon Valley Business Journal’s 40 Under 40 list. Stephanie M. Rocha B.A. ’00, litigation attorney at Miller Morton Caillat & Nevis LLP, was included in the 2015 Silicon Valley Business Journal’s 40 Under 40 list. Matthew Sorensen is an associate attorney at Schulte Anderson Downes in Portland, Oregon. Lauren Vazquez is the deputy director of communications for the Marijuana Policy Project, where she leads campaigns across the country to reform punitive marijuana laws and will serve as a spokesperson for the 2016 ballot initiative to end marijuana prohibition in California.
2012 W. Martin Behn is
Medhi Khodadad J.D. ’04
an attorney in the trusts and estate practice of Sinsheimer Juhnke McIvor & Stroh in San Luis Obispo. Natalie Jansen is an associate in the Walnut Creek office of Archer Norris, where she works in the firm’s litigation, real estate, land use, and construction practices. James (Huan) Ly is an associate at Edrington Schirmer & Murphy in Sunnyvale. Molly Sundstrom is an associate at Hoge Fenton in San Jose. Her practice focuses on real estate and business litigation.
K EI T H S U T T ER
2005 Paul “Dash”
2013 Caitlin Dwelley
is a litigation attorney at the Stockton law firm of Neumiller & Beardslee. She represents clients on personal, business, bankruptcy, agriculture, and real estate matters.
2014 Clara Chiu is an
associate in the Silicon Valley office of Lewis Roca Rothgerber, focusing on intellectual property law, with an emphasis on patent prosecution and counseling. Matthew Coleman is enterprise privacy solutions manager at TRUSTe in San Francisco. See page 10.
Zhenhai “Jay” Fu ’14 has joined the Silicon Valley office of Kilpatrick Townsend & Stockton. He joins the firm as an associate on the software and electrical engineering team in the firm’s internationally recognized IP department. Chloe Musselman is an attorney at Lewis Brisbois Bisgaard & Smith in San Francisco. Roya Rahgozar is an associate at Grancell, Stander, Reubens, Thomas & Kinsey in Novato. Rebecca Slutzky is the executive director of the Democratic Party of Virginia. See page 10.
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CL ASS ACTION
In Memoriam 1956 Frank C. Burriesci, Feb. 16, 2015. A resident and native of San Jose, he served in the Army during World War II. He practiced probate administration and real property law. He is survived by a sister.
1960 Victor Bertolani
B.S. ’56, April 5, 2015. He practiced law in Sacramento, representing plaintiffs in medical malpractice and personal injury, and serving as chief counsel for labor unions. He helped found Lincoln Law School in Sacramento in 1969. He served as dean and torts professor there until 1986, and led efforts to win full California State Bar accreditation for the school in 1981. He is survived by his wife, Cathy, and four children, including daughter Elizabeth O’Brien ’87, B.S. ’84, and son Victor B.A. ’83, and six grandchildren.
1966 Louis J. Fischl Jr.,
May 6, 2015. He was born in Helena, Montana, and grew up in Oakland. He received his undergraduate and MBA degrees from Stanford. He was a professor of business management at San Jose State University for many years.
1967 John R. Triplett,
Sept. 12, 2014. He served in the U.S. Marines and attended the University of Oregon. He had a private law practice and then was a Superior Court Commissioner for over 25 years. He is survived by his wife, Patricia, three daughters, and six grandchildren. 26 santa clara law | fall 2015
Ronald Jay Souza 1969 Gary Cummings
B.S. ’66, Jan. 11, 2015. He lived his life in Oakland, where he attended Bishop O’Dowd High School. He served in the U.S. Army in Germany, advancing to the rank of captain. He was awarded the National Defense Service Medal. He worked in the Alameda County District Attorney’s office for more than 25 years, where he was a senior prosecutor. Survivors include three sons, his former wife, and two siblings.
1999 Christopher W.
Canevaro, June 14, 2015. He earned his undergraduate degree from the University of California, Santa Cruz. He was the manager of Bikram Yoga San Jose. Survivors include his parents, Walter and Kathleen, as well as a brother and a sister.
Ronald Jay Souza J.D. ’74, March 9, 2015. He graduated in 1969 from Washington State University with both academic and athletic honors, and then served four years as an officer in the Navy. In 1974, he earned his J.D. cum laude from Santa Clara Law. He was a senior partner and employment law specialist at Lynch Gilardi & Grummer, and his trial record earned him the honor of being a member of the American Board of Trial Advocates (ABOTA). The recipient of many awards for his legal work, he was also a founding member of a chapter of the American Inns of Court, a member of the American Employment Law Council and the Employment Law Section of the State Bar of California. He also gave of his time and energy through several organizations, including The Guardsman, which helps at-risk youth in the Bay Area. Souza was a world traveler, avid fly fisherman, outdoorsman, scuba diver, tennis player, skier, mountain biker, and marathon runner. Survivors include his wife, Jodi; children Jill, Sydnie, and Tatum; brother Brad; and two grandchildren.
Santa Cruz County Loses Two Former Judges and Friends Two highly regarded former Santa Cruz County judges, The Honorable John Marlo J.D. ’61 and The Honorable Robert B. Yonts B.A. ’63, J.D. ’68, died this past spring: Judge Marlo on May 26, and Judge Yonts on April 9. The two judges were close friends and longtime supporters of Santa Clara Law. Judge Marlo came to Santa Clara Law after working as a San Jose police officer. He was Capitola’s city attorney before he became a judge from 1973 to 1993. From the early 1970s, Marlo and his family also ran Aptos Vineyards. He also co-founded the Santa Cruz Mountains Winegrowers Association. Judge Marlo worked as a mediator for Judicial Arbitration and Mediation Services after he retired, as did Judge Yonts. Judge Marlo is survived by his wife, Patricia, and five children. Judge Yonts served in the U.S. Army from 1963 to 1965. He spent more than two decades in private practice before serving on the Santa Cruz County bench for 13 years. He was active in numerous civic activities and organizations, including the Santa Cruz Rotary Club. He was a current member of the Law School’s Board of Visitors and Alumni Board. Survivors include his wife, Bjorn, three children, grandchildren, and great-grandchildren.
John Marlo
Robert B. Yonts
Michael Jay Jones
ALUMNI 2 0 1 5 / 2 0 1 6 U P COM I N G EVENTS
OCTOBER 22 Santa Clara St. Thomas More Society of Santa Clara Red Mass, Mission Santa Clara
Michael Jay Jones B.S. ’80, J.D. ’83, July 13, 2015. He was a three-sport scholar athlete at Pioneer High School, played varsity football at Santa Clara University, and then earned his J.D. from Santa Clara Law. In 1983, he joined and became a named partner at the law firm of Gallagher, Reedy & Jones in Los Gatos, where he practiced in the areas of real estate, construction/ mechanics lien, commercial/ business litigation, personal injuries, wills and trusts, and family law. Besides his law practice, he taught legal writing courses at both Santa Clara Law and De Anza Community College. For more than 20 years, he has served as a private arbitrator/mediator and as an arbitrator for the Santa Clara County Bar Association Fee Arbitration Panel. He also served as a football coach of his own children and other high school athletes. He is survived by his wife of 30 years, Loretta, daughter Lauren J.D. ’13 and son Bryan. Also survived by his mother, June, brothers Sam and Tim, sister Rebecca Sue Jones B.S. ’83, J.D. ’87, and many nieces and nephews.
24 Santa Clara Katharine & George Alexander Community Law Center Annual Celebration, Bay Club 29 Pasadena SCU Momentum, The Langham Hotel NOVEMBER 3 San Francisco SCU Momentum, The Westin St. Francis 10 Sacramento MCLE Presentation & Reception, (TBD) 12 Santa Clara Dean's Circle Reception, Adobe Lodge 18 MENLO PARK SCU Momentum, Rosewood Sandhill 20
Santa Clara The 6th Annual Solo Practice Seminar, Locatelli Center
DECEMBER 1
Santa Clara SCCBA Swearing-In Ceremony, Mission Santa Clara
9
Seattle SCU Momentum, Four Seasons Hotel
MARCH 17 redwood city NCIP Justice for All Dinner, Hotel Sofitel 19 San Jose Celebration of Achievement Alumni Awards, San Jose Fairmont Hotel APRIL 4
Washington, D.C. Alumni Swearing-In Ceremony, U.S. Supreme Court
7
Santa Clara Diversity Gala, Triton Museum
MAY 21 SANTA CLARA Law Commencement, Mission Gardens For more details, visit law.scu.edu/alumni/alumni-events. We send a monthly email to alumni with events and other updates. Please be sure we have your preferred email address by sending a message to lawalumni@scu.edu. To learn more about SCU Momentum, Santa Clara University’s alumni tour of many cities, please visit www.scu.edu/momentum.
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CLOSING ARGUMENTS
The Injustice of Wage Theft B y ru t h si lver tau b e J . D . ’ 9 3
T
The Coalition seeks to raise awareness about the problem of wage theft in Santa Clara County through ongoing outreach and education. They support worker-led and communitybased strategies that give workers and their allies more tools to prevent wage theft and recover stolen wages. They seek more effective enforcement of existing laws through wage theft ordinances with permit revocation and revocation of contracts with local governments.
o many of us, it’s invisible, but to many workers, the unlawful failure to pay wages rightfully owed to them is an alltoo-common injustice. As the supervising attorney of the Workers’ Rights Clinic at the Katharine & George Alexander Community Law Center for 12 years, I have seen it, week after week: restaurant workers, janitors, day laborers, care home workers, security guards, health care aides, and construction workers robbed of their hardwon earnings. When such workers file claims for unpaid wages with the California Office of Labor Standards Enforcement (commonly known as the “Labor Commission”), even if they win a court judgment for unpaid wages, it often turns out to be no more than a worthless piece of paper. Despite winning their case, they never receive a penny of the wages they are owed. A publication of the National Employment Law Project titled Hollow Victories: The Crisis of Collecting Unpaid Wages for California’s Workers describes the epidemic of wage theft in California and the heartbreaking reality that workers face. A culture of noncompliance in our state has made wage theft a business model for far too many companies. The San Jose Labor Commission office has more reported wage theft violations than any of the other 15 in the state. In an effort to determine the extent of wage theft in our county, I filed a Public Records Act request and obtained a list of 1,073 companies with wage theft judgments between April 2011
28 santa clara law | fall 2015
and April 2014. Of $8.4 million awarded by the Labor Commission’s San Jose office in 20122013, only $2.8 million was collected. That means two-thirds of the money due to workers never reached them even when they had court judgments. Wage theft is a societal menace. It hurts workers, their families, and responsible businesses who cannot compete with wage theft violators. How do we address this injustice? Inspired by workers’ centers, legal clinics, and community groups in San Francisco, Miami, Houston, and Chicago whose successful efforts resulted in the passing of wage theft legislation, I had discussions with advocates around the state and met with community organizations in our county. Together with 16 organizations, we formed the Santa Clara County Wage Theft Coalition. I co-authored a report with Charlotte Noss, the co-chair of the San Francisco Wage Theft Taskforce, and Shannon Gleeson, a UC Santa Cruz professor who studied Alexander Law Center workers’ rights clients who were victims of wage theft (Visit Santa Clara Law magazine online for the link: law.scu.edu/sclaw.) As a result of our Coalition’s advocacy, Santa Clara County enacted a measure that requires all bidders on county contracts to disclose wage theft judgments and gives the county authority to revoke contracts for unpaid wage theft judgments. At the priority setting session of the San Jose City Council in June, a wage theft ordinance received the highest number of votes from the councilmembers. We hope that the City of San Jose enacts a wage
“In an effort to determine the extent of wage theft in our county, I filed a Public Records Act request and obtained a list of 1,073 companies with wage theft judgments between April 2011 and April 2014. Of $8.4 million awarded by the Labor Commission in 2012–2013, only $2.8 million was collected. That means two-thirds of the money due to workers never reached them even when they had court judgments.”
theft ordinance that will be the strongest in the nation and an effective deterrent to wage theft in the city. Such an ordinance should allow city officials to revoke permits for unpaid wage theft judgments; other cities such as San Francisco, Seattle, Miami Dade, and now Los Angeles can do so. Santa Clara County issues permits to all the restaurants in the county. Like San Francisco, it should also suspend or revoke these permits for unpaid wage theft judgments. Permit revocation will also help to combat labor trafficking, which often occurs in the same industries that engage in wage theft. The Coalition also found its wage theft poster child—Crazy Buffet in Sunnyvale, which had 21 unpaid wage theft judgments and $1.6 million in Labor Commission citations. Crazy Buffet changed ownership eight times, but the ownership transfers were fraudulent and designed to avoid the judgments. A delegation of Wage Theft Coalition members requested that Crazy Buffet pay the workers, and more than 100 Coalition members rallied in front of the restaurant and handed out flyers to restaurant patrons. An NBC investigative report that ran two programs on wage theft in Santa Clara County focused on Crazy Buffet and other egregious wage theft violators (see link at law.scu.edu/sclaw). On June 1, 2015, Crazy Buffet closed. Although it is not our goal to close businesses that could continue to employ workers, there is no place in our county for a habitual wage thief like Crazy Buffet. At the state level, the Coalition supports Senate President pro tempore Kevin De León’s
— R UT H SI LVER TAUB E J . D. ’ 9 3
wage theft bill, SB 588, which will give the Labor Commission stronger tools to enforce judgments. However, SB 588 is not enough. We need to see legislation at the local level to end the scourge of wage theft. I look forward to the day when no more workers at my Workers’ Rights Clinic show up with unpaid wage theft judgments and when workers in the South Bay receive the pay they earn.
Ruth Silver Taube J.D. ’93 is an adjunct professor at Santa Clara Law, coordinator of the Santa Clara County Wage Theft Coalition, and legal services chair of the South Bay Coalition to End Human Trafficking.
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Nonprofit Organization U.S. Postage PAID San Jose, CA Permit No. 1
Santa Clara University Santa Clara Law 500 El Camino Real Santa Clara, CA 95053-0435 The Law School of Silicon Valley
CHANGE SERVICE REQUESTED
law.scu.edu/sclaw L inda Sue Scott
FORGING THE FUTURE OF SANTA CLARA LAW “I am enthusiastic about the future of Santa Clara Law. We are on a course to build an elite law school with linkage to the technology industry in Silicon Valley and a commitment to prepare graduates to be outstanding professionals, to create value, and serve humanity.” —Larry Sonsini, chairman and CEO of Wilson, Sonsini, Goodrich & Rosati, is a Santa Clara University Trustee and the chair of a subcommittee of SCU Trustees helping to plan a bold future for Santa Clara Law. See page 2.