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
Law
FALL / w i n t e r 2 0 0 9 Vo l u m e 1 6 N u m b e r 1
Santa Clara
Leading in High Tech Law In the heart of Silicon Valley, Santa Clara Law addresses the legal questions created by technology innovation.
12 Alumni Winemakers 16 Celebration of Leadership and Achievement 18 Reunion Weekend Recap 26 Donor Honor Roll
dea n ’s message Dear Friends of Santa Clara Law:
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C H ARLES BARRY
ince January 2009, the School of Law has conducted a strategic planning process with a goal of identifying significant opportunities for the law school to articulate our goals, enhance our programs, and address challenges faced by our school and legal education at large. The 40-person Strategic Planning Committee, which was co-chaired by Gordon Yamate ’80 and Professor Bradley Joondeph, consisted of members of the law faculty and staff, federal and state judges, practicing attorneys and several corporation counsel. The drafts of the strategic plan were widely circulated for comment and the result has been a thoughtful School of Law Strategic Plan and Report (online at my new dean’s site—law.scu.edu/dean). The Strategic Plan and Report articulates an ambitious vision for Santa Clara Law, one that builds on the law school’s successful programs, distinguished graduates, and its century of service; and the plan lays out five primary goals that the law school, together with its graduates, University leadership, and Silicon Valley friends and supporters, will undertake immediately. Moreover, the plan calls for the formation of an implementation group that will monitor the law school’s progress on achieving its goals, make changes in the strategies and objectives as conditions change, and periodically report to the law school’s communities. The five overarching goals established by the Strategic Planning Committee are: • Strengthen the educational program to meet the challenges of a changing world. • Attract and retain a broadly diverse, highly talented student population. • Attract, retain, and inspire a faculty of distinguished teachers and scholars. • Integrate the law school with the greater University community. • Develop new and renovated physical facilities to support the law school. In addition to identifying primary goals that lie ahead, the Strategic Planning Committee helpfully identified many of the strengths of, and opportunities presented to, the law school, including its location in one of the most vibrant and creative areas of the country, a talented and engaged alumni of more than 11,000 lawyers and judges, the long standing inculcation of Jesuit values and ideals, and a faculty that aspires to national prominence and recognition. To accomplish our goals, however, the report identifies challenges facing the school as it begins its next century of service to the legal profession and its communities. Those challenges includes the escalating costs of a legal education, fierce competition for the best students and faculty by increasingly well financed peer law schools, and the need to educate students for a greater range of skills and competencies in an increasingly global legal profession. Clearly, the Strategic Planning Committee and the law school administration and faculty believe we are up to the challenges the law school faces and can take advantage of the opportunities presented to us as we move forward. The accomplishments of our goals will require the commitment and support of everyone at the law school, along with our graduates, our friends, and University leadership. I encourage you to read our Strategic Plan and Report and to share your views and recommendations concerning our ambitious path for the law school’s future. I look forward to hearing from you.
JULIA YAFFEE, M.A. '87, M.A. '97 Senior Assistant Dean for External Affairs Elizabeth Kelley Gillogly b.a. ’93 Editor LARRY SOKOLOFF ’92 Assistant Editor Michelle Waters Web Editor carole vendrick Copy Editor Amy Kremer Gomersall b.a. ’88 Art in Motion Art Director, Designer Charles Barry Santa Clara University Photographer Santa Clara Law, founded in 1911 on the site of Santa Clara University, California’s oldest operating higher-education institution, is dedicated to educating lawyers who lead, with a commitment to excellence, ethics, and social justice. One of the nation’s most diverse law schools, Santa Clara Law offers its 975 students an academically rigorous program, including graduate degrees in international law and intellectual property law; a combined J.D./ MBA degree; a combined J.D./MSIS degree; and certificates in intellectual property law, international law, and public interest and social justice law. Santa Clara Law is located in the world-class business center of Silicon Valley, and is distinguished nationally for its top-ranked program in intellectual property. For more information, see http://law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; fax 408-554-5201; e-mail lawalumni@lawmail.scu. edu, or visit law.scu.edu/sclaw. Or write Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2009 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.
Sincerely,
Donald J. Polden
Dean
Cert no. XXX-XXX-000
AIM 11/09 10,000
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12 4 Leading in High Tech Law
b Y S A M S COTT B . A . ’ 9 6 As Silicon Valley has evolved into a world-class tech center, Santa Clara Law has become a leader in educating attorneys who can address the many legal questions created by technology innovation.
2 Law Briefs 20 Class Action 26 Honor roll of donors 29 Closing Arguments
12 High Tech Tests
b Y S U S AN VOG E L Vincent M. Powers ’97 works as a biotech attorney for a leading company that designs rapid medical tests.
14 In Vino Veritas
by K E R I MO D R A L L Meet four Santa Clara Law alumni who are flourishing in the California Wine Industry.
16 Celebration of Leadership and Achievement
by larry s o kolo ff ’ 9 2 The Santa Clara Law community gathered to honor three alums and one good friend of the law school.
18 Law Reunion Weekend
by susan M o o re a n d S tacey Ris hel We share a few
snapshots from our 2009 reunion (more are online!) and information about how to get involved for 2010.
On the Web
CA P TIONS
At left, Dean Don Polden celebrates the reunion with two alums who came a long way to be there—Sue McKinney ’79 traveled from Vietnam and Terry Fleischer ’64 from South Africa. Right, Santa Clara Law Professor Allen S. Hammond (standing) is one of the many talented high tech faculty at Santa Clara Law. A professor at Santa Clara Law since 1998, he is director of the Broadband Institute of California; director of the Law and Public Policy Program at the Center for Science, Technology, and Society at Santa Clara University; and board member and past chair of the AT&T Telecommunications Consumer Advisory Panel.
Visit us online for links to more photos from Law Reunion Weekend 2009, additional alumni profiles, including more who work in biotech, and extensive news about recent faculty publications and accomplishments. fall/winter 2009 santa clara law 1
law b riefs
NCIP Shares $2 Million Grant
are students of color. The median age of day students is 24, while the oldest student in the night class is 57. Students come from 31 states and 10 foreign countries, including China, South Korea, India, Canada and Armenia. The top two suppliers of new students are Santa Clara University and the University of California, Berkeley.
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Law School Expansion
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ll three stories of Bannan Hall are now occupied by the School of Law, a move that centralizes many offices and makes it easier for students, faculty and staff to interact. Bannan’s ground floor, as always, is home to classrooms and the Herman Levy Student Lounge. The second and third floors now house additional classrooms, faculty offices, Student Services (formerly known as Law Records), Alumni Relations and Development, Law Career Services, Academic and Professional Development, the law journals, and the school’s centers and institutes. Many offices were moved back to the center of the campus from 2 santa clara law fall/winter 2009
Celebrating Diversity
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KEITH SUTTER
he Northern California Innocence Project (NCIP) at Santa Clara University School of Law and the California Innocence Project (CIP) at California Western School of Law received more than $2 million to administer a massive DNA testing program designed to free California inmates who were wrongfully imprisoned. The funding, from the National Institute of Justice, is part of the Kirk Bloodsworth Post-Conviction DNA Testing grant program, included in the 2004 Justice for All Act sponsored by Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee. The Bloodsworth grant was intended to allow states to conduct DNA tests in cases in which someone has already been convicted, but key DNA evidence was not tested. For more information, visit ncip. scu.edu.
Santa Clara Law now occupies all three stories of Bannan Hall.
Loyola Hall on the southern edge of the campus. For the first time in many years, almost all law school activities are in adjacent buildings, with the Heafey Library and Bergin Hall next door. “I think the benefits are considerable and already evident,” said Jacqueline Wender, senior assistant dean of administration, who helped coordinate the move. Wender said the move “produces opportunities for collaborative projects and shared ideas. We appreciate the support of the university in making this possible.”
Entering Class Profile
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his year’s entering law class totals 242 full-time students, and 81 part-timers, up a handful from the previous year. But the real story is the additional 600 applications for the coveted spots, rising from 3,983 last year to 4,581. The class is 46 percent women and 54 percent men, while 48 percent
n October, Santa Clara Law hosted the 6th Annual Celebration of Diversity in the Legal Profession. One of the most diverse law schools in the nation, Santa Clara Law created the event to provide its students with the opportunity to build relationships with members of the legal profession and honor the work of leaders who have furthered civil rights and social justice. In addition, the gala raised funds for the Thurgood Marshall Civil Rights Scholarship, which supports students committed to equality and social justice. At the event, two people received the Santa Clara Law Social Justice and Human Rights Award—Honorable Carlos R. Moreno of the California State Supreme Court and Keith Wattley ’99, founder of UnCommon Law.
Keith Wattley ’99 received the Santa Clara Law Social Justice and Human Rights Award at the October celebration.
Graduates were inspired by the words of Bryan Stevenson, who fights for the rights of the poor and death row prisoners in the South.
Community Law Center Celebration
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ratitude for 16 years of helping low-income clients filled the Adobe Lodge on Oct. 1 at the annual Katharine and George Alexander Community Law Center celebration. The Walnut Creek law firm of Bramson, Plutzik, Mahler &
Birkhaeuser received the community award. Jacquetta Lannan ’06 was honored with the commitment award for her volunteer work at the center, including serving on its advisory board. Lannan practices employment law at Pierce and Shearer in Palo Alto. Sandra Gonzalez was honored with the courage award.
FACULT Y NEWS
2009-10 Center Scholars
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anta Clara Law’s distinguished faculty includes nationally and internationally recognized scholars. For the 2009-2010 academic year, Santa Clara Law has recognized professors Colleen Chien, Steven Diamond, Kerry Lynn Macintosh, Michelle Oberman, Margaret Russell, Beth Van Schaack, and E. Gary Spitko as Center Scholars for their scholarship connected to the Law School Centers of Excellence— the Center for Global Law and Policy, the Center for Social Justice and Public Service, and the High Tech Law Institute. Center Scholars receive some release time from teaching to focus more time on research and scholarship. For more information, see law.scu.edu/centerscholars.
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omp, circumstance and a reminder to remember the power a law degree confers were all part of the ceremony as 280 law students graduated in the Mission Gardens on May 23. Human rights attorney Bryan Stevenson told the graduates to use their diplomas as microphones to speak up in the face of “appalling silences.” “Nothing is impossible if you speak up,” he said. Stevenson is founder and executive director of the Alabama-based Equal Justice Initiative, which has secured relief for 75 condemned prisoners in Alabama. In 2008, Stevenson was the first recipient of the School of Law’s Katharine and George Alexander Law Prize. Stevenson urged the students to be vocal in whichever field they choose. “You have the capacity, you have the power, you have the ability when you leave this place today, to say things that can change the world around you,” he said. SCU president Michael Engh, S.J. told the students to “be heroes” like Stevenson, to “inspire us by your lives as lawyers.” “The ceremony was fantastic,” said graduate Krista Jacobsen. “My family and friends thought everything was lovely. Bryan Stevenson was very inspirational.” Gemma Daggs, in describing the post-graduation ceremony of champagne and strawberries summed up what graduation is about for many. It “was a perfect ending to three wonderful, but challenging years of law school,” she said. For a photo gallery, visit law.scu. edu/alumni.
C H ARLES BARRY
Graduation 2009
Law Professor and Center Scholar Michelle Oberman
For more faculty news including recent publications and awards, see law.scu.edu/faculty/faculty-spotlight.cfm.
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OU R FAC ULT Y: HIGH T EC H EX PERTS Professor Colleen Chien focuses on patent law and international intellectual property law, including compulsory pharmaceutical licensing and access to medicine in developing countries. Before becoming a full-time professor, she was a Silicon Valley patent lawyer and a Fellow at the Center for Law and the Biosciences at Stanford Law School. She also served as an adviser to the School of Social Medicine at Harvard Medical School.
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Leading in High Tech Law In the Heart of Silicon Valley, Santa Clara Law is a leader in educating attorneys who can address the many legal questions created by technology innovation.
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n 1975, Tom Dunlap was a young engineer at Intel Corp. with a hunch that growing opportunities lay ahead for attorneys with his kind of technical expertise. So he applied to Santa Clara Law. At the time, Intel’s silicon magic was just finding its way into mainstream uses like traffic lights, cash registers—and even the first personal computers. But those were just baby steps for the semiconductor company. With prophetic accuracy, Intel co-founder Gordon Moore foresaw an exponential increase in computing muscle that he put in terms even a layman could grasp. Roughly every two years, the number of transistors on a chip would double, he predicted. The future was going to feature an ever-growing abundance of computer power. In legal matters, though, Intel wasn’t nearly as clairvoyant. When Dunlap requested tuition reimbursement, a common benefit for employees boning up on work-related skills, he got shot down: “Why do we need to send engineers to law school?” he recalls the head of human relations saying. The reasons would soon be apparent—if not fast enough to cover Dunlap’s tuition his first year of night school. But by 1983, Dunlap’s broad skill set had helped him become Intel’s general counsel. And by 1990, not only was the tech giant reimbursing tuition at Santa Clara Law, it was actively recruiting engineers to attend the school— and securing their loyalty after graduation with lucrative stock options. “They were a valuable commodity for other employers to rip off,” Dunlap says. High tech law was in full swing, and Santa Clara had an important role to play—educating attorneys who could address the complex legal issues arising in the Valley and around the world.
A RECENT RISE It’s easy now to forget how recently Santa Clara evolved into a leader in Silicon Valley tech law. Driving down 101 is like running a gauntlet of companies that trust their legal matters to SCU graduates: Oracle, Sun, and McAfee have general counsels from Santa Clara (see sidebar), and leading firms like Wilson Sonsini and Fenwick & West count SCU grads among their senior partners. And with more than 40 techrelated courses, a range that makes most rivals’ offerings look paltry, Santa Clara sits poised to add to that legacy. But as Dunlap’s story suggests, it wasn’t that long ago that the early tech firms and Santa Clara viewed each other with limited interest. In 1975, Dunlap’s first year, the school had only just added its first course on patent law, the foundation of what would become the school’s vaunted intellectual property program. Then, however, the practice of IP law was not widespread, patents were notoriously hard to uphold in court, and patent attorneys were generally seen as practicing in a geeky annex to the illustrious halls of law. “They thought we were a bunch of nerds stuck in the office with eyeshades on writing technical documents,” says Thomas Schatzel, the adjunct professor who taught Santa Clara’s first patent law class and who still teaches at the school. Starting slowly with those classes in the late 70s, and building steam in the 80s and 90s, the school’s faculty, administrators, and students began to put muscle into leveraging Santa Clara’s perch in the middle of Silicon Valley, building a program that was on its way to national recognition. When Tim Casey ’88 joined Fried Frank, Harris, Shriver & Jacobson in 2001, he was practically the only partner at fall/winter 2009 santa clara law 5
the New York-based firm without an Ivy League law degree, he says. Partners generally viewed graduates of schools outside the traditional elites as also-rans. But in his case, Casey says his pedigree easily passed muster. Casey, who had been senior vice president at MCI World Com after stints at Apple and Silicon Graphics, came to Fried Frank to develop its intellectual property business. In that arena, a degree from Santa Clara weighed as much as any school, he says. “There was no denying it was one of the best schools in the country,” says Casey, who now operates SilverSky Group, his Reno-based IP and business development company. “And that was all that really mattered to them.” Today Santa Clara’s high tech offerings extend well beyond IP with courses in venture capital, biotechnology, Internet law, antitrust, and other areas essential to tech companies, although intellectual property remains a mainstay. “Our role as the Silicon Valley law school is to train lawyers in all aspects of Silicon Valley practice,” says Eric Goldman, associate professor and director of Santa Clara Law’s High Tech Law Institute, which coordinates many of the school’s high tech law activities. “We need to cater to all their needs.” Goldman is one of the most prolific voices from the school’s high tech faculty. In both 2007 and 2008, he was quoted more than 150 times in the mainstream media on Internet and IP legal matters. And his technology and marketing law blog is required reading for some tech reporters looking for new ideas. The site, ericgoldman.org, receives about 25,000 unique visitors each month.
THE PROGRAM BUILDS Santa Clara’s ascension in high tech, of course, is partly rooted in the luck of its location in the innovation capital of the country, especially as other developments only increased the role of lawyers in the Valley. The creation of the U.S. Court of Appeals for the Federal Circuit in 1982, for example, had a major effect on intellectual property. Previously, patents had been only as strong as the court reviewing them. Defendants sought to take their cases to courts inclined their way like the Ninth or Second Circuits. Plaintiffs tried for the Fifth and Seventh, which were known for upholding patents. The outcome often hung in the balance. The new court ended such forum shopping. All patent appeals would go through one court, and it was soon clear that its general sympathies lay with patent holders. The result transformed the importance of patents, helping set off an explosion in activity that saw the number of applications for patents of invention soar from 110,000 in 1982 to 456,000 in 2008. Suddenly patent attorneys were the geeks with eyeshades no more. For local workers intrigued by the new opportunity, Santa Clara Law beckoned as the best and most flexible place to train for the new career, particularly with an evening program that allowed them to continue working during the transition. Casey, for one, transferred from McGeorge Law School in Sacramento, dissatisfied with its limited IP offerings, to take classes at Santa Clara while he worked as a disk drive engineer in San Jose.
Alumni Leaders in High Tech Law Numerous Santa Clara Law alumni have established themselves as leaders in the Valley’s technology companies. Here are a few of the many examples. If you work in high tech, we'd love to hear from you. Please email Cindy Tippett, HTLI assistant director, at ctippett@scu.edu. • Mark Cochran J.D./MBA ’88, General Counsel and Executive Vice President, McAfee • Dorian Daley ’86, Senior Vice President, General Counsel, and Secretary, Oracle • Mike Dillon ’84, Executive Vice President, General Counsel and Corporate Secretary, Sun Microsystems • Don Eaton ’64, Founder, CEO and President, Seros Medical • Fred Gonzalez ’77, Vice President and General Counsel, SonicWall Inc. • Tom Lavelle ’76, Senior Vice President and General Counsel, Rambus Inc. • Bonnie MacNaughton ’82, Senior Attorney, Microsoft 6 santa clara law fall/winter 2009
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Scott Shipman ’99 and Bonnie MacNaughton ’82 • Riley Russell ’88, Chief Legal Officer and General Counsel, Sony Computer Entertainment America • Rich Seifert ’06, President, Networks and Communications Consulting • Scott Shipman ’99, Senior Counsel, Global Privacy Practices, eBay
The evening program was full, but Dean Jerry Uelmen offered to squeeze him into the daytime program. So, he attended classes and then worked the swing shift from 4 p.m. to 2 a.m. at his engineering job. “It was crazy,” Casey says. “But you can do those things when you’re that age.” Santa Clara, though, wasn’t just a passive beneficiary to the changing landscape. The faculty and administration took on the challenges, working to create a curriculum that would help students acquire the broad skills they would need to meet the challenges of litigating and transacting in the high tech world. Professor Howard Anawalt, a constitutional law attorney, was one of the first faculty members to take on the mounting high tech legal questions in his communications law classes of the early 80s. Eventually, the class became a computer law seminar focused on issues such as: Should abstract concepts like software be copyrighted, patented or subject to other protections? If so, how? “We were wrestling with issues that were then also being wrestled with in the legal community,” says Elizabeth Powers, one of Anawalt’s students. “It was a pretty exciting time.” Powers, now principal at Powers Law Firm, where she specializes in intellectual property law, served as assistant dean for law and technology at the law school from 2001 to 2003, during which time she also was executive director of the High Tech Law Institute.
STUDENTS TAKE THE LEAD The thirst for high tech opportunities drove some students to push for change ahead of the administration’s offerings. The Computer & High Tech Law Journal, now a virtual incubator of top high tech attorneys, got hatched in a Volkswagen bus one day in 1983 as two 1Ls ruminated after final exams. The Law Review had done a pair of symposium issues on computer law. But Scott Porter ’85 and Cory Van Arsdale ’85 wanted to go further, imagining a journal focused exclusively on the topic, Van Arsdale recalls. At the time, only a few law schools had such focused journals. But in “start up” fashion befitting the Valley, the pair joined with fellow student Amy Lundquist and threw themselves into creating their own, soliciting letters of support from leading lights in computer law, Van Arsdale says. School leadership learned of the project when an Oxford professor sent his endorsement of the idea straight to Dean George Alexander, Van Arsdale says. Peeved that the students had been representing the school without permission, Alexander called Van Arsdale on the carpet. Professor Kenneth Manaster, who taught copyright law and was the journal’s first faculty advisor, helped get it approved by the
Today Santa Clara’s high tech offerings extend well beyond IP with courses in venture capital, biotechnology, Internet law, antitrust, and other areas essential to tech companies, although intellectual property remains a mainstay.
faculty. The dean gave the students a green light provided they could sell 300 advance subscriptions, Van Arsdale says. They sold 500. “It was the right idea at the right time,” says Van Arsdale, who became the journal’s first editor-in-chief. He recently started his own consulting company after more than a dozen years at Microsoft. The journal just celebrated its 25th anniversary and counts the U.S. Supreme Court among its subscribers. With similar gumption, Carolyn V. Peters ’89, now practicing IP law in White Bear Lake, Minn., along with Powers and other classmates, founded the student-run Intellectual Property Association in 1988. “Carolyn was a driving force behind expanding IP programs at Santa Clara after she took the train two days a week from Santa Clara to San Francisco so that she could take a course in intellectual property law that was being taught by Professor McCarthy at USF,” remembers Dorothy Glancy, professor at Santa Clara Law. “Some of us vowed then that Santa Clara Law students should not have to go all the way to San Francisco to take courses that Santa Clara Law should be, but was not, offering.” The year before, Powers had gone to the Giles Sutherland Rich Memorial Moot Court Competition, a patent-related contest, and faced off against teams that obviously had what Powers and her partner lacked—financial backing and faculty advisors. The association began as a way to access funding and to push the school for greater IP offerings. At the time, Santa Clara had the basics of patents, copyrights, and trademarks covered, but no real practical courses, Powers says. Their lobbying soon changed that, getting a patent prosecution class added to the fall schedule. “We were told it was the first time a class had been added at the request of students,” Powers says. One of the association’s top goals was to connect with local lawyers, throwing a wine-and-cheese event for patent fall/winter 2009 santa clara law 7
STATE OF THE NET WEST How does Silicon Valley get its concerns about high tech heard in Washington, D.C.? One way is through the annual State of the Net West Conference co-sponsored by Santa Clara Law and the Congressional Internet Caucus Advisory Committee. Three members of the U.S. House of Representatives, plus the nation’s first chief technology officer, Aneesh Chopra (left), attended the event, held on Aug. 5 in the Benson Center. House members attending included Rep. Zoe Lofgren ’75 (right), Rep. Rick Boucher, and Rep. Robert Goodlatte, both of Virginia. All are on the Congressional Internet Caucus. They, and an audience of more than 100, discussed immigration, broadband, internet privacy and antitrust issues.
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boutiques and in-house patent lawyers. At that point, the school was working to develop extensive ties with the local IP community, says Randy Gard ’90, a partner at Gard and Kaslow in Los Altos. The association also served as a clearinghouse of information for students planning to sit for the patent bar, securing applications for the exam, and getting copies of old tests. The results showed immediately. “I remember sitting in the patent bar exam in early 1989 and looking around the room,” Gard remembers in From Promise to Prominence, a history of Santa Clara Law. “We probably represented between a third and a half of the test takers.”
TIGHTER TIES WITH THE VALLEY There were obviously clear benefits to reaching out to the surrounding legal community. In 1990, Anawalt took the tactic to the next level, starting the High Tech Advisory Board (HTAB), a collection of academic and legal leaders that became a vital interface between industry and school. Professor Anna Han worked closely with Anawalt to help utilize the many connections and ideas offered by the HTAB members. The board helped make the school a centerpiece of Valley tech life with conferences and seminars; it brought company concerns into the classroom; it shaped new courses; and it opened up top firms to Santa Clara graduates and interns. 8 santa clara law fall/winter 2009
“That’s what really helped in getting the school more recognized,” says Ed Taylor, a partner in Blakely, Sokoloff, Taylor & Zafman, adding that the board helped vault Santa Clara grads into consideration for jobs once reserved for graduates of more traditional elites. “Today if you go to any major law firm here in the Valley, you’ll find Santa Clara graduates.” The advisory board also helped recruit top attorneys as adjunct faculty—including Taylor himself—whose real world experience provided immediacy, relevance, and excitement for Santa Clara Law students. “There was an extra spark I got from taking classes from practitioners in the Valley,” says Heidi Keefe ’95, who was editor-in-chief of the Computer and High Technology Law Journal and is now a partner at Cooley Godward Kronish. She was recently named one the “Top 20 Lawyers in California Under the Age of 40” by the San Francisco Daily Journal and the Los Angeles Daily Journal. A full-time day student, Keefe would nonetheless choose to take evening classes alongside many working professionals. The back and forth between students on the cutting edge of technology and practicing professors on the cutting edge of legal practice was powerful, she says. “Just sitting in your classroom, you were surrounded by people who were actively working with the types of problems we were trying to solve,” Keefe says. “I learned as much just listening to my colleagues and other students as listening to my professors.”
“Santa Clara Law’s high tech program is one of a very few select law programs that offer students a firsthand view into the legal needs and concerns of the world’s leading technology companies,” says Scott Shipman ’99, senior counsel at eBay, who interned at Honda Motor Co. in Japan and at eBay as a student.
The board also gave its input to the new High Tech Law Certificate, which started in 1995 under the guidance of Professor Han as a way for students to further distinguish their preparation through courses which continued to evolve. In the mid-90s, for example, Anawalt and Powers, his former student turned adjunct professor, added a course on protection of intellectual property, a role-playing class that broke students into groups. One year, a group took on the role of a small software company with a powerful new software, and the other acted as a larger company seeking to collaborate with the upstart. Students had to gauge whether they could use copyright, patent and trade secret protections in their negotiations—all the time responding to new developments dictated by the instructors. “It was a hugely demanding problem-solving course,” Anawalt says. “But it had a long waiting list.”
first-year students,” says Glancy. “This basic grounding in intellectual property law for all law students was, as far as I know, unique in 1998 and continued until the property course was reduced to four units.” Such emphasis on preparing students in IP was a prescient move, says Casey McGlynn, who joined what is now Wilson Sonsini Goodrich & Rosati after graduating from Santa Clara Law in 1978. At the time of McGlynn’s hiring, the firm had barely a dozen lawyers. It now has over 600 and is one of the most important firms in the Valley. What distinguishes the companies that Wilson Sonsini represents, McGlynn says, is the quality of their intellectual property. And lawyers who can understand, protect, and defend those assets are essential. “Santa Clara’s focus on IP was brilliant,” he says. “That’s really one of the skills that young lawyers need to bring to the party when they come out and want to work in the field of high tech law.” The school’s high tech reputation, much supported by the outstanding leadership of its alumni in the Valley, has helped students get internships at companies like Cisco and Yahoo! where students get a minimum of 225 hours of work experience and earn four units of credit.
Santa Clara’s tech-specific offerings were outpacing those of most schools, but it had yet to hire a full-time faculty member with an established specialty in a high tech field. When Mack Player became dean in 1994, he resolved to establish the school’s reputation by bringing in an undisputed leader in high tech law. Glancy credits Player for his dedication to this academic area. “Santa Clara Law’s high tech and IP offerings, and our reputation, really took hold when Dean Player put resources behind this emphasis on technology and intellectual property,” says Glancy. “Without his help, these programs might have died.” In 1997, Donald Chisum joined the faculty, leaving the University of Washington, his home for nearly 30 years, as the first-hired of numerous full-time faculty with techrelated specialties. (See High Tech Faculty on Page 11.) A mere glance at Chisum’s shelf-breaking, multi-volume opus Chisum on Patents could bore the average person to tears, but Chisum’s treatise made him a celebrity in the IP world and his arrival at Santa Clara Law caused a national stir in high tech circles. In short order, U.S. News and World Report ranked Santa Clara second nationally in intellectual property programs. “It was something of a coup,” Player recalls. “Chisum on Patents was and is the bible of patent law. He was the best known expert on patents in the country by far.” In the fall of 1998, Santa Clara Law faculty who taught property law all agreed to teach intellectual property as a major focus at the beginning of the first-year property course. “Because the property texts available at that time had no or few materials regarding intellectual property law, I put together a supplement that was used by all of our
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O UR FACULT Y: HIGH T ECH EXPERTS Santa Clara Law Professor Dorothy Glancy is the leading expert in the interaction of privacy with intelligent transportation systems. She serves as co-chair of Computers, Freedom, and Privacy 2010.
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The result, in the words of Scott Shipman ’99, is that “Santa Clara Law’s high tech program is one of a very few select law programs that offer students a firsthand view into the legal needs and concerns of the world’s leading technology companies.” Shipman interned at Honda Motor Co. in Japan and at eBay as a student. “Ultimately those experiences and the high tech curriculum taught at Santa Clara Law enabled me to go directly to eBay Inc.’s legal department upon graduation,” says Shipman, senior counsel at eBay. Today, Santa Clara’s role as a legal high tech hub continues under Dean Donald Polden, who took the helm in 2003. During the past two years, more than 1,000 lawyers, judges, academics, and students have participated in high tech law events sponsored by the High Tech Law Institute and by the Computer and High Technology Law Journal. In August, the Institute co-hosted the third annual State of the Net West, a public technology forum discussing the latest technology issues in Washington and in the Valley. The event drew three leading Congressional representatives, including alumna Rep. Zoe Logfren ’75, as well as President Obama’s chief technology officer, Aneesh Chopra, who was making his debut visit to Silicon Valley. “Santa Clara Law’s high tech alumni,” says Lofgren, “have played, and continue to play, crucial roles in Silicon Valley’s growth and development. Santa Clara Law grads serve in numerous capacities throughout the Valley’s leading companies and law firms. But their impact goes far beyond the corporate world. Alumni are present at every level of government—local, state, and federal. From the boardroom to the bench, Santa Clara Law alumni have made Silicon Valley their own.”
Timeline
INTERNATIONAL HIGH TECH LAW In the interconnected world, intellectual property goes beyond any national border. Santa Clara Law’s summer abroad program, one of the oldest and broadest of any U.S. law school, includes programs focused on high tech. The Munich program, established in 1997, focuses solely on high tech law and is conducted in conjunction with the University of Munich and the Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law. The course examines the patent, trademark, and copyright laws of Western Europe, as well as the European and international systems for intellectual property protection. The program also includes internship opportunities with high tech companies in the area. Munich is home to the European Patent Office, the German Patent Office, and the German Patent Court. In addition, numerous international companies including BMW and Siemens are headquartered in and around Munich. Theo Bodewig, a professor at Humboldt-University of Berlin Law School who was a Santa Clara Law Distinguished Visiting Scholar in fall 2009, teaches in the Munich program and came to SCU for the semester to teach international IP courses. Bodewig’s principal research interests include industrial property law, copyright law, antitrust law, the law of the European Union, U.S. law, and comparative law. Since 2002, he has served as a judge in the Munich Court of Appeals. In addition, Santa Clara Law offers a course in Tokyo devoted to IP law, which is taught by Japanese luminaries including Yoshiyuki Inaba, founding partner of the most successful patent firm in Japan, and Professor Teruo Doi, a prolific author and lecturer. Santa Clara also attracts international students who come to take advantage of the school’s rich offerings and perfect loca-
Highlights of the evolution of high tech in Silicon Valley and at Santa Clara Law
1939
1971
1975
The founders of Hewlett Packard begin their company in a Palo Alto garage later to be dubbed the “Birthplace of Silicon Valley.”
Intel 4004—the first microcomputer chip. The name “Silicon Valley” is used for the first time.
Adjunct professor Tom Schatzel adds a course on patent law, followed the next year by one on trademarks. They are each taught every other year.
1956 Silicon Comes to Silicon Valley—Shockley Semiconductor Laboratory develops Northern California’s first prototype silicon devices.
10 santa clara law fall 2009
1972 Xerox Alto computer becomes available to businesses; Ethernet is invented.
1976 Steve Wozniak, Steve Jobs, and Ron Wayne found Apple Computer.
tion. The school and students gain from their experience as well. “The international IP students have been a definite asset to the law school,” says Glancy. “They contribute great comparative insights to their Santa Clara Law classmates.”
LOOKING AHEAD The school’s high tech activities continue to grow organically. In 2008, a group of students formed the Biotechnology Law Group to advocate for their interests, much as twenty years earlier their predecessors formed the Intellectual Property Association. Goldman is enthusiastic about the group’s efforts and says the school is working to make students and the community more aware of its surprisingly rich biotech offerings. (For more information on biotech law and profiles of alumni working in biotech, see the profile on page 12 and also see law.scu.edu/biotech.) But nothing stays the same in high tech law, which is more and more part of general law, says Goldman, who spends a lot of time focusing on what the school needs to do next to keep its edge. “Although our high tech curriculum has expanded over the years, it is not radically different from a curriculum we might have developed a couple decades ago,” says Goldman. “Our challenge is to continually evolve and improve our curriculum to reflect the realities facing 21st century lawyers.” If past and present are a guide, the future history of tech law in Silicon Valley and beyond will include a lot of lawyers from Santa Clara Law. “We are peppered all over the place,” says Shane Lunceford ’08, who started a LinkedIn page for Santa Clara Law alumni. “If you go to any Bay Area tech company, we’re probably there. If you go to any Bay Area law firm, we’re definitely there.”
High Tech Faculty Santa Clara Law has more than a dozen full-time faculty members with expertise in every area of IP and high tech law. • Colleen Chien—patent law and international intellectual property law, with an emphasis on empirical research and access to technology issues • Steve Diamond—the impact of globalization, new technology and financial innovation on social and political institutions • David Friedman—economic analysis of the law, as well as computers, crime and privacy • Dorothy Glancy—privacy law, intellectual property, copyright law, administrative law, natural resources, land use, and property • Eric Goldman—Internet and IP law • Allen Hammond—contracts, communications law, cyberspace • Anna Han—business organizations, legal issues of startup businesses, technology licensing, and China trade and investment law • Kerry Macintosh—commercial transactions, electronic commerce, and law and biotechnology • Tyler Ochoa—intellectual property law, copyright law, rights of publicity, and statutes of limitation • Catherine Sandoval—communications law, contracts, property, business organizations, civil procedure, regulated industries and administrative law • Phil Jimenez—international business negotiations (technology transfer simulation), civil procedure, and conflict of laws • Michelle Oberman—legal and ethical issues relating to adolescence, sexuality, pregnancy, and motherhood • Kevin P. Quinn, S.J.—health care policy and bioethics
1979
1981
1984
1989
Santa Clara Law adds Communications and Computer Law, later taught by Howard Anawalt, to its offering of one basic survey course in intellectual property law.
IBM releases the IBM PC.
Macintosh personal computer is released.
Santa Clara Law's Student Intellectual Property Law Association is founded.
Xerox Star PC is offered to the public.
1980
1982
1985
Supreme Court rules that biotechnology is patentable.
Creation of U.S. Court of Appeals for the Federal Circuit creates surge in patent law.
Santa Clara Law launches the Santa Clara Computer & High Technology Law Journal. Windows 1.0 is launched
fall/winter 2009 santa clara law 11
High Tech Tests Vincent M. Powers J.D. ’97 works as a biotech attorney for a leading company that designs rapid medical tests. bY S U S AN VO G E L
Vincent M. Powers ’97
A
nyone who has had to wait days for the results of a medical test has done a lot of nail-biting. But the need for fast medical test results is not just a convenience in our get-it-now society. It can be a health necessity. “Fast testing is vital,” says Powers, “particularly for contagious disease. Having test results in less than an hour or two can help doctors choose the right treatment right away and also decide when patient isolation is necessary. It can also help avoid wrong treatments and reduce hospital stays.” Powers, whose sister’s close friend could only watch as her son endured a month of hospitalization after contracting a MRSA infection from heart surgery, is glad to be part of a leading company that designs fast medical tests, such as a 60minute test for MRSA and a 100-minute test for tuberculosis. Powers has masterfully combined his education in science with a Santa Clara Law degree to become one of just a handful of biotech lawyers working in this highly specialized field. “I am using all of my education since kindergarten,” he says. In high school Powers was interested in math, chemistry, and English. He learned to sail in the Sea Explorers, an organization devoted to keeping nautical traditions alive through sailing, rowing, knot tying, and Morse code competitions. He also studied as a classical pianist. At Caltech (’83) Powers majored in chemistry. He then earned a PhD in pharmaceutical chemistry at UCSF (’89) and spent an additional two years at U.C. Berkeley as an NIH post-doctoral fellow.
Timeline
Yet as he was completing his studies with an eye toward teaching at a research university, the job market softened. “I had a friend who left graduate school at Harvard to join the patent litigation group at Fish & Richardson in Boston. I felt it was within my ability to write and argue about science, so I left the lab bench, doing experiments that didn’t always work, to become a patent agent, introducing me to patent law.” His employer, Peter Dehlinger, graciously paid for Powers to attend the evening program at SCU Law while working full-time as a patent agent. Powers was admitted to the California Bar in 1997. In 1999 he joined Applied Biosystems (ABI) in Foster City as a patent attorney and then Director of Chemical Patent Practice. While at ABI, Powers handled patent applications and contracts and, with the help of several exceptional litigation firms, he managed the enforcement and defense of several commercially valuable patents in the U.S. and abroad, leading to a number of injunctions and favorable settlements. Powers left ABI in 2007 to join Cepheid, a Sunnyvale company, where he is Vice President of Intellectual Property. Cepheid develops genetic tests for clinical diagnostics, industrial, and biothreat markets, with 2008 revenues of over $160 million. One of the systems that Cepheid has patented is a machine for processing test cartridges for pathogens such as MRSA (methicillin-resistant Staphylococcus aureus), a
Highlights of the evolution of high tech in Silicon Valley and at Santa Clara Law
1990
1995
1998
Santa Clara Law creates the High Tech Advisory Board.
Santa Clara Law creates the High Tech Law Certificate.
Google sets up work space in a Menlo Park garage.
eBay sells its first item: a broken laser pointer.
Santa Clara Law launches High Tech Law Program.
1994 Netscape Navigator becomes first widely-used Web browser. Yahoo! starts on campus of Stanford University.
12 santa clara law fall/winter 2009
1997 Donald Chisum, author of Chisum on Patents, joins Santa Clara Law faculty. Santa Clara Law establishes Munich study abroad program focused on high tech/IP.
nasty bacterium that hospitalizes over 200,000 patients and results in approximately 20,000 deaths in the U.S. annually. An MRSA test cartridge typically costs around $40-$45, and the test machinery costs tens of thousands of dollars, depending on cartridge capacity. When compared to a mean cost of around $21,000 to treat a single infected patient, such testing can be quite cost-effective. The cartridge embodies remarkable technology. About the size of an ordinary salt shaker, it is designed to automate many time-consuming manual steps. After a sample is collected from just inside a patient’s nose, the sample is suspended in a solution and then pipetted into a small opening at the top of the cartridge. The cartridge is then placed in a machine about the size of a lunch box. The cells are then blasted open, the released target DNA is mixed with reagents, and the target DNA is multiplied a billion-fold until a fluorescent signal appears in a tiny transparent chamber. (Powers can explain the details of the biology, chemistry, and engineering in detail, thankfully drawing analogies to baking chocolate chip cookies!) All of these steps are completed in 30 to 100 minutes, depending on the target that the cartridge detects, and each cartridge can be run in an individual module of the machine as soon as the sample is collected. Powers summarizes this technology as “extraordinary.” Most exciting to Powers is the privilege of working with scientists and business people who bring innovation to life. Powers uses his legal training daily, in patent analysis, contract drafting, and legal counseling. “We live in an age of unparalleled discovery,” he says, “that will continue to require professionals who bridge science with the law, and for whom SCU should continue to play a vital educational role.”
Santa Clara Law Alumni Working in Biotech Narinder Banait ’97 (B.S. in chemistry and biochemistry, M.S. in synthetic chemistry, Ph.D. in organic chemistry) is a partner at Fenwick & West, representing clients in pharmaceuticals, biotechnology, nanotechnology, and genomics. Jennifer Bush ’03 (B.A. in biological sciences and English), practices with Fenwick & West, prosecuting patents in the software, electronic engineering, and life sciences disciplines. Lawrence Kong ’07 (B.S. in biology, Ph.D. in medical and molecular pharmacology) is an associate at Wilson Sonsini Goodrich & Rosati who counsels on patents and patent due diligence and prosecutes patents in the areas of pharmaceuticals and biotechnology. Michele Moreland ’98 (B.A. in English), is a partner at McDermott Will & Emery who works in patent litigation and has tried cases involving biotech, semiconductors, medical devices, and networking technology. Frank Nguyen ’94 (B.S. in mechanical engineering, M.S. in electrical engineering with a robotics specialization) is vice president of intellectual property and licensing for Intuitive Surgical Inc.
For profiles of these alums and more information on our biotech offerings, visit law.scu.edu/biotech. If you work in biotech, we'd love to hear from you. Please email Cindy Tippett, HTLI assistant director, at ctippett@scu.edu.
2001
2008
Santa Clara Law establishes the High Tech Law Institute as a component of its High Tech Law Program.
Santa Clara Law's Biotechnology Law Group is established.
The LL.M. in IP is first offered at Santa Clara Law.
1999
2004
2009
Santa Clara Law appoints Ruth C. Erdman '94 as its first Assistant Dean for Law and Technology.
Google goes public at the opening price of $85/share.
40% of students who apply to Santa Clara Law say they are interested in IP law.
fall/winter 2009 santa clara law 13
By Keri M o drall
In Vino Veritas Santa Clara Law Alumni Flourish in the California Wine Industry
I
n the long and varied history of unlikely partnerships, wine and the law go way back. American laws have regulated everything from the manufacture and marketing of wine to its distribution and consumption. In 1920, with the 18th Amendment to the Constitution and the passage of the Volstead Act, Prohibitionists were intent on eradicating alcohol consumption altogether. In 1933, Prohibition ended with the clink of newly legal toasts and the scratch of lawmakers’ pens as they scribbled thousands of new laws to decree how alcohol could be made, bought, sold, and consumed. Decades after the ratification and repeal of the 18th
Amendment, Barry Kinman ’87 capitalized on a Prohibitionera loophole to break into the wine industry. Section 29 of the Volstead Act, which remains in the law books, states that individuals can make up to 200 gallons of fermented “fruit juice” per year for personal use. “I was providing legal services to wineries and vineyards,” says Kinman. “As with all clients, I sought to understand their business. So, I began making wine.” Kinman and his wife, Marilyn Curry, have a successful law firm, Kinman & Curry, and a winemaking business, Bear Cave Cellars, in Paso Robles. For Kinman, the relationship of wine and law has been a superior blend of skills and an appreciation for balance. 14 santa clara law fall/winter 2009
“As a lawyer, I help people on their hardest day,” he says. “As a winemaker, I get to see people on the day they’re having fun, wine tasting. The fun work balances out the difficult work.” To taste a Bear Cave Cellars vintage, keep an eye out for the bear flag flying outside the law office in Paso Robles. The tasting room and law office are one and the same, so when Kinman flies the flag, the law business is closed and wine tasting is open. When the flag is down, feel free to stop in for legal advice, but wine tasting is not allowed. Kinman and Curry never mix law and wine tasting.
The Fruits of Labor Judge John Marlo ’60 was working full-time as a police officer for the city of San Jose when he enrolled at Santa Clara Law. He went to classes all day before starting his 4 p.m.-to-midnight shift as a policeman. By the time he was elected to the bench in 1973, he needed a quiet hobby. In 1974, Marlo and his wife planted Aptos Vineyard. Since then, what he calls a “mom and pop deal” hasn’t grown in size, but it has expanded to an undertaking that brings the whole family together. According to Marlo, it’s often easier to see the fruit of your labor when you’re dealing with grapes instead of
“As a lawyer, I help people on their hardest day,” says Barry Kinman ’87, who with his wife runs Bear Cave Cellars, in Paso Robles. “As a winemaker, I get to see people on the day they’re having fun, wine tasting. The fun work balances out the difficult work.” people. “Sometimes when you’re on the bench you don’t see your intended results,” he says. “If I prune a grapevine it does exactly what I tell it to do.” Although, he says, “All sorts of pests and other inclement problems” have unfortunately reduced production from five tons (the Marlos’ best) to “substantially less” in recent years. Marlo treated this misfortune as one of his vines might treat a severe pruning and simply changed direction. These days he bottles mostly chardonnay made from Santa Cruz Mountain grapes. You can find Aptos Vineyards’ Judge’s Reserve Chardonnay at restaurants and grocery stores in Santa Cruz County.
Savoring the Lifestyle The intricacies of wine law, and the resulting “maze of regulations,” is one of the only downsides of the industry, according to Brian Brandt ’87. The best part? “It’s a great lifestyle,” he says, “walking the vineyards, tasting the grapes.” Brandt is a personal injury litigator who has been practicing in the Upland, area for about 20 years. He started as a deputy city attorney, and then joined his father’s personal injury practice. When his father retired about 11 years ago, Brandt took over. Brandt’s start with wine making came in 2000 when he planted 400 vines. By 2002 he was licensed and bonded as a commercial winemaker. When Pierce’s Disease (an incurable grape disease) wiped out his entire vineyard, he began importing fruit from Santa Barbara, and decided that he would leave the farming to someone else. Now, Brandt, with a lot of help from his wife, Camille, handles all aspects of winemaking, from the crush to fermenting and barrel aging. The Brandt Family Winery produces about 6,000 bottles of wine each year for which they have won numerous gold medals and chairman awards. You can buy Brandt Family Winery products at www.brandtwine.com. A Passion for Wine If Dave Arata ’74 could “go back 40 years,” he says he would be in the grape-growing business full-time today, even though he recognizes that you take more of a risk in farming
than in lawyering. “You’re at the mercy of the weather when you’re a farmer,” he says. Arata has worked as a probate trust estate planning lawyer for 35 years. “I can’t say that I had a passion for the law, as I did for wine, but I thought it would be an interesting way to make a living,” he says. “Generally speaking, you have to like what you’re doing. I like being a lawyer, and I like growing grapes. That’s the common bond.” Arata grows cabernet sauvignon grapes on 3.5 acres in Saratoga, and a winery in St. Helena (Whitehall Lane) does a “custom crush” for him. Although production amounts are small (between 120 and 200 cases per year), the results are very well received—Arata’s Montallegro wines consistently score above 90 in the Wine Spectator ratings. To taste Montallegro for yourself, visit www.nvwe.com.
All in the Family In 1974, Randy Reedy achieved two major milestones that still affect his life—he graduated from Santa Clara Law and he made his first batch of wine from his family’s vineyards. Reedy’s family planted two vineyards in the Alexander Valley in the late 1960s. They sell the grapes to wineries such as Rodney Strong and Simi. Although he makes small batches of wine for “friends, family, and charity,” Reedy doesn’t see himself making wine commercially. “Being a grower is one thing,” he says. “You have a product every year. Being a winery involves so much marketing, money, time, and luck. Law is steady and more predictable work.” Reedy started out with a focus on criminal law conflicts, but he’s settled into business and real estate law and has been a partner in a Los Gatos firm for nearly 35 years. Reedy enjoys his work as a lawyer, but he looks forward to spending more time in the vineyard. His son, Ross, has shown a particular interest in the wine industry. Ross, along with a friend, Greg Urmini, has started a winemaking company called G.Reedy Wines, whose product is made with grapes from the Reedy family vineyard. It is available for purchase online at www.greedywines.com. If you work in the wine industry, we'd love to hear from you. Please email Larry Donatoni, Assistant Dean, Law Alumni and Development, at ldonatoni@scu.edu fall/winter 2009 santa clara law 15
By L arry S o ko lo ff ’92 Ph oto s b y Na n cy Mart i n
2009 CELEBRATION OF LEADERSHIP AND ACHIEVEMENT
16 santa clara law fall/winter 2009
Recipients of the Alumni Special Achievement Award were W. David P. Carey and the Honorable Jean High Wetenkamp. W. David P. Carey III ’81, MBA ’82, is president and CEO of Outrigger Enterprises in Hawaii, which has become one of the largest and fastest-growing privately held leisure lodging and hospitality companies in the Pacific region. Before joining Outrigger in 1986, he practiced real estate and corporate law at the law firm of Carlsmith W. David P. Carey III Wichman Case Mukai and Ichiki. Carey is active in educational issues, and has worked with Hawaii’s Department of Education to strengthen the islands’ public schools. The Honorable Jean High Wetenkamp ’76 retired this year after a long career in criminal law, including 12 years as an assistant district attorney, and 20 years as a judge in Santa Clara County. She is well known for handling some of the area’s toughest criminal cases with fairness and professionalism. She has served as president of the Santa Clara Law Alumni Association, and as a member of the law school’s Board of Visitors. Alumni Special Achievement Awards have been given since 2001 to alumni who have distinguished themselves in their profession, community, and service to humanity. For a list of past award winners, visit law.scu.edu/lawyerswholead. PH O T O C R E D I T
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n impressive group of alumni and friends of the School of Law was honored on May 1 at the law school’s Celebration of Leadership and Achievement event held at the Hyatt Santa Clara. Larry Sonsini received the Santa Clara Law Amicus award, given for the first time. He is chairman of Wilson Sonsini Goodrich & Rosati, and has been described by Fortune magazine as “the most important lawyer in the most important industry for the past 30 years.” Since 2003, he has served Santa Clara University as a trustee and Santa Clara Law as a member of the Dean’s High Tech Advisory Council. In addition, his firm is a benefactor of SCU’s High Tech Law Institute. In 2004, Sonsini gave the law school’s commencement address. “Larry Sonsini changed the way lawyers provide legal advice and services to the technology industry,” said Santa Clara Law Dean Don Polden. “His entrepreneurial spirit and creativity in shaping the ways that lawyers protect their clients’ intellectual property made him a leader and visionary in the early days of Silicon Valley, and continue to this day.” The Edwin J. Owens Lawyer of the Year award was presented to Ronald H. Malone ’71, a partner at Shartsis Friese in San Francisco, and one of the nation’s leading fiduciary litigators. Representing the interests of donors and charitable trusts in some of the nation’s largest and most important cases, he is especially respected for his work in the field of donor intent. Recently he represented a family which sued Princeton University over its claim that the family’s large endowment was being abused. After a tough, multimillion dollar legal battle, Princeton agreed to pay back $101 million to the family foundation. The Owens Award is named for its first recipient, Edwin J. Owens, dean of Santa Clara’s law school for 20 years, and later a Santa Clara County Superior Court judge.
1
2
3
1: Dean Polden; John Sobrato, Sr.; Larry Sonsini; SCU President Michael Engh, S.J.; and SCU Chancellor Paul Locatelli, S.J. 2: Scott Wetenkamp and The Hon. Jean High Wetenkamp ’76. 3: Molly Malone, Ron Malone ’71, and Sara Malone.
fall/winter 2009 santa clara law 17
L AW A LU MN I
2009 Reunion Weekend by Susan Moo re an d S tacey Rishel Photo s by Na n cy M art in 1
I
n early September, Law Reunion Weekend 2009 gathered hundreds of alumni on campus to celebrate graduation milestones. More than 130 alumni served on the reunion committees to plan the weekend events and to raise funds for Santa Clara Law through class reunion gifts. Nikki Pope, an associate with Cooley Godward Kronish, co-chaired the Class of 2004’s reunion committee with Viva (Stowe) Harris and Wynn Silberman. Pope agreed to cochair the reunion committee for several reasons: “I was on the reunion committee for my business school reunion and it was great fun reconnecting with everyone before the actual reunion. Also, I really want to encourage my classmates to give back to SCU Law and I thought leading by example would be a good thing.” For Pope, the highlight of the reunion weekend was “seeing my former professors without the teacherstudent roles. It was really nice to talk as peers. I wish I’d been able to participate more. It was over all too quickly.”
2
The Law Reunion Weekend 2010 will be September 10-12. If your class year ends in 5 or 0 and you are interested in serving on your reunion committee, please contact Susan Moore, samoore@scu.edu. 1: SCU President Michael Engh, S.J. (left), with Class of 2004 Reunion Co-Chairs Wynn Silberman, Nikki Pope, Viva (Stowe) Harris, and Dean Donald J. Polden. 2: Bob Pasquinelli '69 (left), Carrie Arata, and Class of 1974 Co-Chair Dave Arata. 3: Class of 1974 Reunion Co-Chair Luke McCarthy with classmates George Tacticos and Rich Hluchan. 4: Class of 1969 Reunion Co-Chairs Hon. Alice D. Sullivan (ret.), Dan Kelly, and SCU President Michael Engh, S.J. More Reunion Pictures Online See law.scu. edu/alumni/recent-events-photos.cfm. 18 santa clara law fall/winter 2009
3
Dear Alumni:
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2 0 0 9 R e u n i o n Cl a ss G if ts In conjunction with Law Reunion Weekend, each participating class conducts a reunion gift campaign to commemorate the celebration. We thank all of you who so generously participated in your reunion class gifts this year! Gift designations for the 2009 reunion classes included the Law Strategic Initiatives Fund and student scholarships. If you have not yet made a gift to Santa Clara Law to honor your reunion celebration and still want to participate, you have until December 31 to do so. You can make your contribution online at law.scu.edu/giving or use the envelope enclosed with this magazine. Be sure to indicate that your gift is in honor of your law class reunion.
he last year has been one of significant change for the Law Alumni Association. As promised, using the findings from the 2008 Law Alumni Survey, we have focused our activities, events, and communications to increase engagement and build stronger relationships with our alumni and friends. In these challenging economic times, we paid special attention to how best to provide greater connectivity and networking opportunities for all of our constituents. Our accomplishments include: • Achieving outstanding attendance at Law Reunion Weekend, the Celebration of Leadership and Achievement, the Justice Panelli Golf Tournament, and the Jerry Kasner Estate Planning Symposium. • Establishing the Law Strategic Initiatives Fund to provide additional resources for the law school's current and emerging programs. • Expanding membership in the Law Alumni Association to include current and newly admitted students. • Stepping up regular communications on current issues faced by the law school and its graduates. • Expanding our LinkedIn and Facebook presence especially to new law students. • Introducing novel ways to engage law alumni through expanded event offerings. • Increasing personal contact with law alumni. One of the most notable changes occurred in August when the Law Alumni and Development office moved to Bannan Hall after being off campus for nearly a decade. Our new location on the second floor has increased our daily interaction with students, faculty, and other departments within the law school. It is wonderful to be back on campus! In September, the Law Alumni Association’s board discussed a very ambitious program for professional development activities to engage both current students and alumni. And looking forward, we feel excited and energized, particularly as the Law School approaches its Centennial in 2011! We will have much to celebrate! We welcome your ideas, time, and support as we proceed through this time of transition. You can make a difference in the future of Santa Clara Law and for our students. Check our Web site, visit our office, send an email, or give us a call. Yes, we are listening!
Lawrence E. Donatoni
Assistant Dean, Law Alumni and Development fall/winter 2009 santa clara law 19
CL A S S ACT I ON
ALU MN I
57 Frank Murphy Jr. B.A. ’55 and
his wife, Sally, are enjoying life in the Oregon high desert and visits by children and grandchildren.
59 John Sanbrook B.S. ’56 has
published a biography of his father’s life, In My Father’s Time. He and his wife, Barbara, live in Yuba City and have two grown children and two grandchildren. John retired in 1995 from a Marysville law firm. He has remained active, serving on the Yuba City and Sutter County Planning Commissions, the Sutter County Assessment Appeals Board, and the Sutter/Yuba County Mosquito and Vector Control Board.
50 - Y E A R
60
R E UN I ON
Sept. 10-12, 2010
60 Allan Nicholson and his wife,
4 0 - Y EAR
70
REU NI ON
Sept. 10-12, 2010
70 Calvin R.X. Dunlap is no
stranger to high-profile cases. He is representing a woman who has accused Pittsburgh Steelers Quarterback Ben Roethlisberger of sexually assaulting her. He is also representing Nevada’s first lady, Dawn Gibbons, in her divorce from Gov. Jim Gibbons. He was the district attorney in Washoe County, Nev., from 1979 to 1983, and was named the 2007 Nevada Trial Lawyer of the Year by the Nevada Trial Lawyers’ Association. He practices at the Reno firm of Dunlap & Laxalt, which specializes in personal injury,
NA NCY MA RT IN
June, traveled to Daytona Beach in April for Allan’s 60th high school reunion.
69 Charles Botsford is fully retired. Terrence Stinnett has been general counsel and corporate secretary for Fremont Bank, a $2 billion community bank owned by his family, since 2006. He has been on the board of both the bank and the holding company for 19 years.
President Michael Engh, S.J. (left), enjoys the 2009 reunion activities with Class of 1994 Co-Chairs Janet Dudley, Steve Sutro, and Rachel Sisemore Crawford. 20 santa clara law fall/winter 2009
malpractice, liability, criminal defense, and insurance claims.
72 Steve Siner is managing
shareholder of the business law firm Hoge Fenton Jones & Appel.
74 Timothy “Pat” Hannon
B.A.’70 retired in Oct. 2008 from the Navy Reserve after 36 years. He has returned to his civilian job in San Jose as a federal administrative law judge for the U.S. Social Security Administration. Los Angeles Superior Court Commissioner Martin Wegman retired in 2008 after 19 years of service. The German native was elected commissioner by the court’s judges in 1989. He served as a deputy public defender for 13 years prior to his election to the bench.
35-YEAR
75
REUNION
Sept. 10-12, 2010
75 Congresswoman Zoe Lofgren was the 2009 commencement speaker for San Jose State University. Stephen Moloney B.S.’71 was appointed to the Los Angeles County Superior Court by Governor Arnold Schwarzenegger. Previously, he worked at the law firm of Gilbert, Kelly, Crowley & Jennett, where he had been a partner since 1985. In recent years, his practice emphasized labor and employment law. His wife is Nancy Barile ’76, B.A. ’71. Michael Patriarca is managing director in the San Francisco office of Promontory Financial Group, a global consulting firm for financial services companies. Previously he held executive positions at Visa International and Wells Fargo Bank, and was also
a regulator with the Office of the Comptroller of the Currency and with the Federal Home Loan Bank in San Francisco. Chuck Poochigian was appointed to the Fifth District Court of Appeal in Fresno by Governor Arnold Schwarzenegger. Prior to his appointment, he was an attorney with Dowling, Aaron & Keeler in Fresno, practicing in the areas of regulatory and general business law and consulting on public policy. A 46-mile stretch of state Highway 180 was named in honor of the former legislator, who represented the region in the state assembly and state senate from 1994 until 2006.
77 Mary Lou Fenili and her partner of 22 years, Karen Hansen, were married in Carmel on Sept. 27, 2008, by fellow classmate, Santa Clara County Superior Court Commissioner Jessica Frischling. Mary Lou retired from the University of Colorado at Denver in 2005, and writes that she finds retirement to be “even more wonderful than anticipated.” The couple lives in Denver with three cats and a dog. Pamela Rhodes teaches an annual art class in Tuscany. She also teaches in the Certified Financial Planner program at the University of California, Berkeley. Her financial planning firm, Rhodes & Fletcher, added a service to its financial planning practice, called Legacysure, which is a review of a client’s estate plans with pictorials to illustrate it. Robert Schuchard was named an outstanding healthcare transaction lawyer of 2008 by Nightingale’s Healthcare News. He represented Providence Health System of Southern California in its acquisition of Tarzana Regional Medical Center, and Good Samaritan Health System of Puyallup, Wash., in affiliation with Multicare Health System. He represented Portals, a
nonprofit mental health provider in Los Angeles, in a merger with Pacific Clinics, and represented USC in the sale of USC/Kenneth Norris, Jr. Cancer Hospital to Tenet Healthcare. He is a partner at Davis Wright Tremaine in Los Angeles.
2009 edition of Chambers USA’s America’s Leading Lawyers for Business. She is counsel at Nixon Peabody in Palo Alto. 25-YEAR
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81 Michael A. Isaacs is a partner in the San Francisco office of Luce, Forward, Hamilton & Scripps. He leads the commercial, finance, and insolvency practice group and represents clients in a broad range of bankruptcy and insolvency situations. 82 Manuel “Manny” Fishman is a shareholder at Buchalter Nemer’s San Francisco Real Estate Practice Group. His practice focuses on the representation of real estate developers, owners, and secured lenders in commercial property transactions as well as lease representation for several Bay Area property owners. Previously, he was at Cooley Godward Kronish. He recently completed his second ultra marathon (30 miles), saying, “It was the hardest and best thing I have ever done.” He lives in San Francisco with his wife, Leslie Kane ’84, who is the executive director at the Holocaust Center of Northern California. They have one son who attends Hampshire College in Amherst, Mass. Lynne (Thaxter) Brown has been certified as a legal specialist in appellate law by the State Bar. She and her husband and teenage son live in Fresno. 84 Judy Alexander has been recog-
nized as a leader in the field of media and entertainment litigation in the
85 Arleen N. Kaizer is back in Arizona caring for her 98-year-old mother. Since she’s not licensed to practice law in the state, she has successfully combined her two degrees (law and pharmacy), working as a Medicare appeals judge in a private company. She previously served as an appellate attorney taking cases to the Nevada Supreme Court, where she was undefeated. Amongst her best works, she cites the drafting and adoption of a federal law labeling alcohol for possible birth defects if consumed during pregnancy (which she authored at SCU). Vanessa Wells is a partner at the San Francisco office of Sedgwick Detert Moran & Arnold. Her practice Send Us Your News!
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anta Clara Law is proud of all its graduates, and we want to celebrate your personal and professional milestones. Send us a class note—it is a great way to keep in touch with the law school and your fellow alumni. Please be sure to include your class year, and don’t forget to update your contact information if needed. Email your news to mjshort@scu. edu, fax it to 408-554-5201, or send it to Law Alumni Office, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053.
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focuses on complex business litigation involving insurance pricing matters, regulation and unfair practices. She represents life and property casualty insurers in commercial litigation, including the regulation of insurance rates and litigation challenging pricing and underwriting practices
86 Jil Dalesandro is the current
president of the Santa Clara County Bar Association. She has her own law and mediation firm in Santa Clara, specializing in business litigation and employment law. She has been a mediator since 1995. John Schreiber is a certified specialist in appellate law and practices in Alamo. His practice focuses on appeals of civil issues. He is a member of the State Bar’s Committee on Appellate Courts and has been named a “Northern California Super Lawyer” by SuperLawyer.com the past three years.
87 Kimberly M. Briggs has been
appointed an Alameda County Superior Court judge by Governor Arnold Schwarzenegger. Previously, she worked as an Assistant U.S. Attorney since 1995, and as an Alameda County Deputy District Attorney from 1987 to 1994.
88 Mark Stone was appointed to
the California Coastal Commission, the state agency charged with protecting the state’s coastline. Stone is also a member of the Santa Cruz County Board of Supervisors, where he represents the city of Scotts Valley and other communities in the Santa Cruz Mountains.
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90 Deb Kristensen, a partner at Givens Pursley in Boise, Idaho, has been named one of the “Top 40 Women Mountain States Super Lawyers” by SuperLawyers.com. She is a general business litigator, with an emphasis in employment and media law. She is a former president of the Idaho State Bar Association and lawyer representative to the Ninth Circuit Conference of the U.S. Courts. Marissa Ronald is a certified law specialist with an office in San Jose. Her daughter, Alexandra Pavlidakis, is a 2009 graduate of Santa Clara Law. 91 Craig Langley is associate general counsel at Siemens Corporation in Atlanta. 92 Lisa Baker practices law in Gilroy, focusing on family law, guardianships and bankruptcy. Charles Holland is a partner at K & L Gates in Palo Alto where he is a member of the intellectual property practice. He was previously with Morrison & Foerster. Larry Sokoloff spent a semester teaching in Moscow, Russia, as a Fulbright Scholar. He taught American communications law and critical thinking classes to undergraduate and graduate students at the Moscow Higher School of Economics. Stephen Sullivan is a partner at Virtual Law Partners in Mountain View. He focuses on patent prosecution and client counseling of high tech companies, with an emphasis on software. Previously he was the president of Strategic Patent Group, a partner at Sawyer Law Group, an IP counsel for FlashPoint Technology, and an attorney at Heller Ehrman White & McAuliffe.
93 Shana Bagley is in the professional enforcement unit of the California Attorney General’s Office in Oakland. She is currently a member of the crew for the boat California, one of nine boats in the Clipper Round of the World Race. The race began Sept. 13 and ends in Hull, United Kingdom on July 13, 2010. Anne Leach received the Athena Award for Business Woman of the Year from the Salinas Chamber of Commerce. She was honored for her legal and volunteer efforts. She is chair of the Steinbeck Center board and president of the board of the Sun Street Centers. She is a managing partner with Abramson Church & Stave, where she focuses on business transactions and on estate and tax planning. 94 Mary Ahern is the director of corporate affairs and compliance for the Cheesecake Factory, Inc., in their Calabasas corporate support center. Evie (Quezada) Cruz received tenure at the Sandra Day O’Connor College of Law, Arizona State University. She teaches immigration, asylum, and comprehensive law practice. Her husband, Darrel ’93, practices securities law in Scottsdale. 15-YEAR
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95 Jeff Ball J.D./MBA is vice presi-
dent of corporate development for Kilopass Technology. He has 10 years of experience in the semiconductor industry, most recently heading up JP Morgan’s semiconductor investment banking practice. Paul Delucchi was appointed to the Alameda County Superior Court by Governor Arnold Schwarzenegger. He had been a deputy district attorney in Alameda County
since 1996. He is the son of the late Alameda County Superior Court Judge Alfred Delucchi ’60. Robert Forni is a partner at Ropers, Majeski, Kohn & Bentley in Redwood City. His practice focuses on insurance coverage, bad faith litigation, and appellate law. He predominantly represents insurers, employee welfare plans and agents in ERISA, bad faith and coverage litigation matters, as well as Financial Authority regulatory arbitrations. Gretchen Jacobs left the Phoenix office of Greenberg Traurig to set up her own autism lobbying group. Jacobs, who has an autistic daughter, has been widely noted for her advocacy for autism research.
96 Karen McLeod and her husband, Gavin Fleming, welcomed a daughter, Annalise Kate, on June 23. She joins brothers Malcolm, 4, and Graydon, 2, at home in Cambridge, United Kingdom. John Piccone III is a partner at Hopkins & Carley in San Jose, where he focuses on intellectual property litigation. 97 Grace Hum is an assistant professor of legal writing at the University of San Francisco School of Law. Previously, she taught legal writing at Stanford Law School and was a California bar exam grader. Her website is www.gracehumconsulting.com. 98 Michelle Adams B.S. ’95 is senior counsel in the San Diego office of Allen Matkins Leck Gamble Mallory & Natsis, a business and real estate law firm. She works in the firm’s labor and employment and litigation practice groups. Lisa Poll lives in Pretoria, South Africa, where she works for an AIDS orphan program run by AFnet Aid. Previously, she was a deputy district attorney in Monterey County for
nine years and spent five years heading the Elder Abuse Prosecution Unit.
99 Greg Czarkowski and Susan
Garcia B.A. ’98, M.A. ’02 welcomed their second child, Xavier Francisco Garcia-Czarkowski on March 23, 2007. Marwa Elzankaly was honored with a 2009 Clay Award by California Lawyer magazine in the area of civil rights. The magazine said she “took Ibrahim v. Dept. of Homeland Security to the U.S. Ninth Circuit Court of Appeals, which ruled that lawsuits against the no-fly list can proceed, giving federal trial courts the option of compelling the government to explain how the names on that list have been chosen.” She is a partner at McManis Faulkner in San Jose. Alexander Nestor is senior counsel at Allen Matkins Leck Gamble Mallory & Natsis in San Francisco. He represents employers in litigation. Previously, he was with Morgan, Lewis & Bockius. Emily (Felt) and Joe Schultz ’98 announce the birth of daughter Lauren, on July 14, 2009. She joins brother Evan. 1 0 - Y EAR
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00 Cassandra Joseph is a partner at Watson Rounds, which specializes in intellectual property litigation, business litigation and transactions, and insurance law and defense. Jessica (Feldman) Perry is a partner at Orrick, Herrington & Sutcliffe in Menlo Park, where she practices employment law. Her son, Connor, was born Dec. 19, 2008, and joins big sister Madeline, 5. Selena Ontiveros is a business litigation attorney with Gonsalves & Kozachenko in Fremont. She was featured in a recent article
in the San Jose Mercury News about a business she launched with a friend, called Simplify Home Solutions, which the newspaper described as “a personal assistant/concierge/contractor/therapist service rolled into one” for overworked mothers. Anthony Powelson is secretary of the Intellectual Property Section of the California State Bar, and will become chairman in two years. He practices law with LaRiviere, Grubman & Payne in Monterey, and is a frequent speaker and guest lecturer on developing international brands, dealing with the black market and enforcing trademark rights in Asia. Travis Wise is the international tax counsel for Google. He previously was director of international tax for PriceWaterhouseCoopers.
01 Susan Rickard Hansen B.S. ’97 and her husband, Carl, welcomed twins John David and Catherine Rickard on April 7, 2008. The family lives in San Francisco, where Carl is a real estate broker and Susan is an attorney. 02 Christine (Carlson) Donovan and
her husband, Dennis, welcomed a second child, Claire, on Sept. 19, 2008. She joins brother Devin, 4. Christine is a certified family law specialist. Since April 2007 she has worked as a staff research attorney with the Solano County Superior Court, where she handles family law, probate research and some administrative matters. She was named Employee of the Quarter for the Fairfield branch court in July. Chelse Ferrero has been elected to the United Way Silicon Valley’s board of directors, where she serves on the Law United Committee. She is an intellectual property and litigation attorney at White & Case in Palo Alto, where she handles disputes over patents, fall/winter 2009 santa clara law 23
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copyrights, trademarks and technology licensing. Previously, she worked in the biotech field at Genentech and Nuvello. James Leventis is an Assistant U.S. Attorney for the District of South Carolina, where he prosecutes narcotics and violent crimes cases. He received the U.S. Attorney Award for outstanding service in 2008.
03 Ryan Corrigan started Corrigan
Law Group in Clovis. He focuses on representing start-ups and growing companies in the areas of formation, licensing, technology agreements, trademark, copyright and internet law. Previously, he was a shareholder of Dowling, Aaron & Keeler in Fresno. Balam Letona represented a Monterey County couple who recently won $500,000 in a federal jury trial in San Jose, believed to be one of the largest awards ever for consumers in a debtcollection case. Kelly (Cesare) Pfeiffer LL.M. and her husband, Tom, welcomed their second child, Ryan Thomas, on Feb. 20. Ryan joins his sister, Katelyn Ashley, 2. Kelly is an intellectual property litigation attorney in Orange County, but is taking time off to be with her children. 5- Y E A R
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05 Josh Bennett B.S. ’99 and his
wife, Cate (Cassin) B.S.C. ’99, welcomed their second child, Brooke Isabel, on Aug. 21, 2008. Elizabeth (Wheeler) Little is a legal officer for the Hon. Anita Usacka in the Appeals Chamber of the International Criminal Court at The Hague.
07 Kimya Lashgari married
Peter Hoffmann on July 11 in San 24 santa clara law fall/winter 2009
Francisco. Sarah Smith B.A.’04 married Mike Brandstetter B.S.C. ’04 in Seattle on Aug. 15, 2008.
08 Tyler Folck B.S. ’04 married
Ann Nguyen B.S.C. ’05 on May 9 at Mission Santa Clara. The couple lives in Sacramento. Ann works as a demand planning analyst at Verifone, Inc. in Rocklin and Tyler is an attorney at Kronick Moskovitz Tiedemann & Girard in Sacramento. Keith Gillette LL.M. is a partner with Archer Norris in Walnut Creek. His practice encompasses trial work in the areas of admiralty, intellectual property, and large-exposure tort litigation.
09 Summer Krause is employed
by DLA Piper in East Palo Alto, and will be working at the non-profit Watsonville Law Center for the first year of her practice.
OB I TUARIES
40 George W. Artz, B.A. ’37, Feb. 12. The Sacramento native served in the Army during World War II and was a lawyer with Desmond, Miller & Artz. He helped form Alcan Pacific Co., a general contractor with operations throughout the West and in Okinawa and Thailand. He was a member and past chairman of the SCU Board of Regents. He is survived by his wife, Jean, and six children. 51 Alan Mateer, August 22. After a military career serving in World War II, the Korean War and three tours in Vietnam, he retired from the Air Force in 1970 and became legal counsel for the California Department of Motor Vehicles, eventually becoming chief legal counsel. He retired from
the DMV in 1989. He enjoyed golf, fishing, and dining with friends. He is survived by three children, five grandchildren, and four great-grandchildren. Adrian Schoorl, March 11. He was an administrative law judge with the Agricultural Labor Relations Board. He is survived by his wife, Blanca, and three children.
53 Robert A. Vatuone B.S. ’51, May 16. A native of San Jose, he was an SCU law professor after graduating from the law school. As a lawyer, he practiced with the Al Ruffo law firm; Delmas, Berwick, Vatuone & Kettmann; Vatuone & Kettmann; and Vatuone, Meckler & Miller. He focused on real estate law, family law, and legal malpractice. He was chosen by the federal court to be the lead plaintiff in a class action securities fraud case resulting in a greater percentage of the settlement going to class members. In retirement, he served as an ombudsman for nursing homes in Santa Cruz County. He is survived by his wife of 30 years, Roxanne, four children, two stepdaughters, 10 grandchildren, and two great-grandchildren. 57 John O’Brien. B.S. ’52, Sept. 3,
2008. A lifelong Hollister resident, he served two years in the Army and then worked for the state attorney general’s office. He served as district attorney of San Benito County from 1958-66 and as city attorney for Hollister for more than 24 years. He and Frank Borelli B.S. ’56, J.D. ’60, formed a legal practice and worked together for 48 years. He is survived by his wife of 56 years, Carol, four children, and seven grandchildren.
66 Herbert J. Cropper, June 16. He served in the Air Force, worked for the IRS, and owned and operated H & P
Liquors in San Jose. He was a graduate of San Jose State University. He practiced law in San Jose for more than 20 years, then opened Mr. Cash Check Cashing Stores, retiring to Palm Desert. Survivors include his wife, Meredith, two children, one stepdaughter, six grandchildren, and two siblings.
69 Andrew William Dodd, Feb.
4. A 17-year coach of the mock trial program at Palos Verdes Peninsula High School, nothing gave him more joy than to praise his alma mater as he prepped senior students for college applications and eventually, law school. Those who knew him professionally took great pleasure in watching him as he fought such pharmaceutical companies as Merck, Eli Lilly, and Wyeth. He dedicated his career to helping families affected by vaccine injuries, and testified in Congress in support of a bill that led to the creation of the National Vaccine Injury Compensation Program. Survivors include his wife, Dikranuhy, two children, and two siblings.
70 Vincent Arnerich B.S.C. ’67,
May 26. An avid Broncos fan, he practiced law in San Jose. He is survived by an uncle and a cousin. Gary Alan Gavello, B.A. ’67, Aug. 21, 2008. The San Francisco native served in the Army in Korea and received the Army Commendation Medal for exemplary service. He began practicing law with the firm of Hassard Bonnington in 1973. He is survived by his wife, Kristina, and three children.
72 James Hoyt Dozier, Sept. 28,
2008. The Indiana native served in the Navy until his 1963 retirement as commander. He served as finance director for the city of Los Altos before practicing as a real estate and estate-
planning attorney. He is survived by four children, 10 grandchildren, and three great-grandchildren.
74 Joe Faria, B.A. ’71, Oct. 16,
2008. He was an attorney, a member of Portuguese lodges, a Scout leader, and an active member of St. Joseph’s Catholic Church.
80 Roberta T. Kuguenko, June 18. 81 Anita Arellano, June 21. A graduate of San Jose State University, she worked as a university librarian in Berkeley before moving to the Monterey Peninsula in 1963. She taught at Monterey Peninsula College, and also served as president of the academic senate. She practiced law for many years. She managed
several political campaigns and was a delegate to the 1984 Democratic Convention. She served on both the Alameda and Monterey Democratic Central Committees. She is survived by her husband, Carl Pohlhammer. Kathryn Elaine Cordier Lyne, J.D./ MBA , Aug. 26, 2008. The native of Coldspring, Texas, practiced law in California, specializing in corporation law for small business and testamentary law. She is survived by two children and four grandchildren.
90 Petra Gemmingen-Morris, June
28. She was a graduate of Holy Cross College, and earned an R.N. degree from Monterey Peninsula College in 1996. Survivors include her husband, Bruce, three children, her parents, and four siblings.
Alumni 2010 Calendar of Events Thursday, March 11 Third Annual Justice for All Awards Dinner held by the Northern California Innocence Project at Santa Clara Law, Fairmont Hotel, San Jose Thursday, March 18 Fresno Santa Clara Law Alumni, Time and Location TBD Thursday, April 29 Celebration of Leadership and Achievement Banquet held by Santa Clara Law and the Law Alumni Association, Hyatt Regency Santa Clara Monday, June 21 Twelfth Annual Justice Edward A. Panelli Golf Classic, San Jose Country Club, San Jose September 10-12 Law Reunion Weekend, celebrating milestone years for the Classes of 60, 65, 70, 75, 80, 85, 90, 95, 2000, 2005, Santa Clara University Wednesday, September 29 Sixth Annual Jerry A. Kasner Estate Planning Symposium, DoubleTree Hotel, San Jose
For more information on events, visit law.scu.edu/alumni or call (408) 551-1748.
fall/winter 2009 santa clara law 25
HONOR ROLL OF DONORS
Donors Ensure a Bright Future for Santa Clara Law
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s we continue our mission of educating lawyers who lead with competence, conscience, and compassion, Santa Clara Law depends on the support of its community of alumni, faculty, staff, and friends. We greatly appreciate your generosity. Thank you. We do our best to create an accurate list. Names listed here are for the fiscal year July 1, 2008, through June 30, 2009. If your name is misspelled or missing, please contact Marjorie Short at 408-554-5496 or mjshort@scu.edu.
Judges ($100,000+)
Partners ($10,000 – 24,999)
William and Inez Mabie Family Foundation Ron and Sara Malone Frank and Denise Quattrone Foundation
Albert and Jeanne Abramson Fred and Marilyn Anderson Jim Anderson William Brady Adrian and Anne Dollard Judy Estrin Forbes & Manhattan William Jahnke and Patricia Dunn Sean Kali-Rai Keare/Hodge Family Foundation Keker & Van Nest Richard and Kathryn Kimball Hon. and Mrs. Edward A. Panelli Qatalyst Partners Rosenthal & Company Ted and Linda Schlein Schwegman, Lundberg & Woessner Session, Fishman & Nathan Shearman & Sterling Shernoff Bidart Darras & Echeverria Leonard Shustek and Donna Dubinsky Simpson Thacher & Bartlett Skadden, Arps, Slate, Meagher & Flom Paul Sunshine
Magistrates ($50,000 – 99,999) John and Marcia Goldman Foundation Law School Admission Services Silicon Valley Campaign for Legal Services Barristers ($25,000 – 49,999) Bramson, Plutzik, Mahler & Birkhaeuser William and Roberta Campbell Fidelity Charitable Gift Fund The Jesuit Community at SCU Legacy Venture Management Listwin Family Foundation/ Donald Listwin Skip Paul Sid Sheinberg Tilghman & Company Viacom Cable TV Litigation
26 santa clara law fall/winter 2009
Counselors ($5,000 – 9,999)
Advocates ($2,500-4,999)
John and Mary Albanese AllianceBernstein Dave and Marian Bowers Charles Schwab Corporation Cooley Godward Kronish Morty and Stephanie Ejabat Mary Emery Gordon and Ronda Eubanks Farella, Braun & Martel Donald Ferencz Girardi & Keese Fred and Leota Gonzalez Leonard and Eileen Herman Howard, Rice, Nemerovski, Canady, Falk & Rabkin Julie Johns Ledford Mitchell and Julie Kertzman Lester K. Leu David and Molly Long Grunbaum Stan and Sherry McKee Gib and Susan Myers Natter Family Foundation O’Melveny & Myers Paul, Weiss, Rifkind, Wharton & Garrison Donald and Susan Polden Nikki Pope T.J. and Valeta Rodgers Karen Rudolph and Jimi Simmons Hon. and Mrs. H. Lee Sarokin Ken Schroeder and Frances Codispoti Patricia C. Shields Revocable Trust Silicon Valley Bank Emmett and Marion Stanton Van and Eddi Van Auken Wilson Sonsini Goodrich & Rosati Foundation
Baradat, Edwards & Paboojian Nancy Battel Bay 101 Bingham McCutchen Mark and Dianne Bonino Borel Private Bank & Trust Company Timothy Casey Elliott and Agnes Chielpegian Clayton & McEvoy Cotchett, Pitre & McCarthy Joe and Mary Anne De Briyn Pamela Dougherty David and Jan Edwards First Class Inc., Kenneth Goldman and Susan Valeriote Hoge, Fenton, Jones & Appel Michael and Mary Hood JAMS Carol Kaufman William and Mary Kelly Latham & Watkins Tom Lehrer Miller Morton Caillat & Nevis Morrison & Foerster Foundation Allen and Cynthia Ruby Silversky Group Larry and Jane Solomon Doug Tribble Wilson Sonsini Goodrich & Rosati Jerome Young Dean’s Circle ($1,000 – 2,499) Mary Alexander and Skip Faulkner Dan Altemus and Marie Riehle Bill and Kristine Amon William and Janice Anderson Rick and Valarie Arneson AT&T Foundation Al and Edyth Auyeung Bill Baber
HONOR ROLL OF DONORS
Georgia Bacil Eric and Patricia Bathen Richard and Madé Berg Robert Beyers Theodore Biagini Subroto and Rina Bose Aldo and Diane Branch Hon. Timothy Buckley Eduardo Calvo Capital Group Companies Charitable Foundation Capital Guardian Trust Company David and Kathy Carey Thomas Cave Hugh Stuart Center Charitable Trust Charles Schwab Corporation Earl and Sandra Ching Hon. Darryl and Thalia Choy Citi Global Impact Funding Trust Clapp, Moroney, Bellagamba & Vucinich Clark Trucking Service Covington & Burling Gary and Catherine Cripe Dick and Sandra Cunha Francis and Christine Currie Colleen Davies-Ronan and Joseph Ronan Hon. Raymond and Jane Davilla John and Claire Davis Dayton Foundation Ernest and Joan De Gasparis Alan and Lauren Denenberg Reid and Margaret Dennis Susan Devencenzi Jason and Sarah Dilullo Eucalyptus Foundation Eagan O’Malley & Evenatti Hon. James and Shelley Emerson Douglas and Elizabeth Faber Barbara Fargo and Marty Williams Ferrari, Ottoboni, Caputo & Wunderling Bob and Susan Finocchio Hon. Robert Foley and Dr. Tina Foley Robert and Chandra Friese Gallagher, Reedy & Jones Bill and Carolyn Galliani Bela and Joan Gallo Matthew Giampaoli Dorothy Glancy and Jon Anderson
Hon. Robert Glusman Hon. John Green Melinda Haag Dennis Hall Jill Hanau Hon. Timothy Hanifin Harbourton Foundation Andre and Rosie Harrison Dr. and Mrs. Birt Harvey Kenneth Hausman and Ellyn Lazarus Hayes Davis Bonino Ellingson Mclay & Scott Heritage Education Randy and Virginia Hess Paula Holm Jensen John and Valerie Hopkins Jody Hucko and Scott MacDonald Stephen and Colleen Hudgens Intel Foundation James Jeffers and Theresa Pfeiffer Stephanie and Gregory Jensen Rebecca Jones Brad Joondeph and Srija Srinivasan Robert Katz and Leola Lapides Kurt Kawafuchi Dan and Carole Kelly Robert and Angela Kent
John Kispert Summer Krause Silvio and Sheara Krvaric Peter and Vicki Laboskey Richard Lambie Steve LaVaute Jim and Ann Lazarus Chilton and Nancy Lee Leslie Family Foundation Hon. Mary Jo Levinger William and Terry Locke-Paddon Estela Lopez Ed and Valerie Lozowicki Scott and Linda Macey Mark Magner and Wendy Hawkins Jerry and Linda Mar Page & Otto Marx, Jr. Foundation Dennis and Lori McBride Luke and Lynn McCarthy Larry and Michele McEvoy Robert McIntosh McManis Faulkner Don and Therese McNeil Mercer Human Resource Cynthia Mertens and Jim Rowan Microsoft Corporation Aurelius Miles
Forrest and Cynthia Miller Morrison & Foerster Musick, Peeler & Garrett Hon. Jerome and Judith Nadler Larry and Sally Norton Jon Nygaard Tony Oliver John and Nancy Ottoboni Robert and Janet Owens Nanci Palmintere Clifford Pearson Hon. Philip and Jean Pennypacker Claude Perasso Hon. Risë Pichon Hon. George Pifer Poorman-Hoyt-Stratford Foundation Joe and Marlene Prendergast Kathy Priest Jim Quillinan Andrew and Debra Rachleff Debra Reed Jay and Amy Regan Rockwell Collins International Rachel Rosati Warner David and Barbara Roux Kathleen Rydar John and Mary Schlosser Tim and Judy Schmal
11th Annual Justice Edward A. Panelli Golf Classic
Hon. Edward Panelli '55, Hon. Marshall W. Anstandig (honorary chair of the event), Justin Bates '07, and Dean Donald J. Polden were four of the many golfers who enjoyed a day on the green while raising more than $23,000 for law scholarships. Mark your calendar for next year's tournament, to be held at the San Jose Country Club on June 21, 2010. fall/winter 2009 santa clara law 27
HONOR ROLL OF DONORS
Tom and Patricia Schneck Kathleen Shannon Glancy Michael and Marilyn Shea Gerald Shipsey Ruth Silver-Taube Hon. Thomas and Judith Smith Hon. Melvin Soong Bill and Florence Spruance Kenneth and Alice Starr Jetaun Stevens Allan and Margaret Steyer Jim and Joan Stoelker Carol Stratford Blake and David Blake Rod Strickland Stephen and Patricia Sueltz T. Rowe Price Program for Charitable Giving Rich and Barbara Toomey Michael and Margaret Torpey Townsend and Townsend and Crew Douglas and Maris Uchikura Gerald and Martha Uelmen Richard and Anne Van Horne Bob and Roxanne Vatuone Hon. Page and James Vernon Hon. Michael and Betsey Virga Rick and Diane Watters Weltin Law Office
Ed and Patti White Stephanie Wildman Williams & Williams Mediation Jack and Kay Williams Gordon Yamate and Deborah Shiba Hon. Robert Yonts Naomi Young Charlotte & Arthur Zitrin Foundation Dean’s Circle Associates Classes of 2008 to 2011: $50 or more Classes of 2004 to 2011: $100 or more Classes of 1999 to 2011: $500 or more Harriotte Aaron Delicia Abdur-Rahim James Allee Mariana Antcheva Jeremiah Armstrong Brian Augusta Jaya Badiga Erin Barni
Legacy
Build Your
One of the first bequests at Santa Clara University came from Thomas I. Bergin, who in 1857 was Santa Clara College’s first graduate. Bergin’s generous gift of $100,000 helped to finance the construction of the School of Law. When you choose to include Santa Clara Law in your will, living trust, or estate plan, you can: • Honor the law school as it approaches its centennial in 2011. • Have a powerful impact on tomorrow’s law students and the communities they will serve. • Make a significant gift without affecting your current income. • Provide a charitable tax deduction for your estate. • Receive recognition of your gift designation during your lifetime. For more information please contact Larry Donatoni, Assistant Dean, ldonatoni@scu.edu, (408) 554-2722.
Larry Bennett Marie Bernard Robert Beyers Jarhett Blonien Subroto and Rina Bose Jenny Brown Christopher Bunch Marco Campagna Betsy Carroll Peter Castle Stanley Chang Lisa Chen Spencer Chen Karolin Chitilian Timothy Coxon Karen Crowe Jennifer Cullen Gemma Daggs Akilah Davis Mary Feldman Todd Fries Erika Gasaway Arthur and Barbara Gemmell Mia Giacomazzi Erin Gisler Joe Grasser Jonathan Grayson Andrea Grieco Michelle Griffith-Jones Karen Guldan Gloria Gusler Eric Hanson Julianne Harper Michael Harvey Rocky Hearn Deborah Hernandez James Holder Adam Huff James Hurley Kirt Iverson Bradley Jacklin Krista Jacobsen Jared Jefferson Erin John Andy Katz William and Caitlin Kaufman Brandon Kimura Cody Knight Katelyn Knight Karen Ko Jeffrey and Erin Kolko Tae Woong Koo Summer Krause Deric Lamphiear Jacquetta Lannan Joyce Lau Ying Li Chris and Kristin Love Boscia Jordan Lui Gregory Lundell
Thomas Mallon Adam Matherly Robb McFadden Sachin Mehta Marie Meth Courtney Minick Delores Montgomery Daniel Murdock Joseph Myszka Ranjit Narayanan Linda Nguyen Louis Nguyen Katherine O’Connor Tiffany O’ Farriell Qudus Olaniran Alexandra Pavlidakis Shannon Pedersen Tisa Pedersen Isela Perez Victoria Pipkin Sherin Rashedi David Reagan Debra Reed Caitlin Robinett Kathryn Robinson Nechele Rucker Matthew Rudy Christopher Rusca Silvia Rusnac Kylee Sargenti Jennifer Schaller Cheryl Scheer Nathalie Schuler Ferro Madeline Seiff Brian Shaffer Jessica Sharron Brian Skarbek Elizabeth Skey Vivek Sridharan Christopher Stanley Erin Stapp Jetaun Stevens Mark Tannahill Jason and MaryAnn Tauches Paul Christopher Torio Alexander Touma Melissa Tronquet and Nicholas Steiner David Tsai Mark Vanni Srianga Veeraraghavan David Wang Shelley Weger Chace Wetzel Nick and Ruby Wood Stephanie Wu Jack and Suzanne Yang Daniel Zazueta Trevor Zink
CLO S ING A RG U M ENTS
How Will New Technologies Shape Our Future? By David D. Friedman, Professor, Santa Clara Law
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few years ago I attended an event students to read. Tuesday, we discussed where the guest speaker was a the issues and how to deal with them. Cabinet member. In conversation afNext Thursday, a new technology and terwards, the subject of long-term pea new revolution. troleum supplies came up. He warned The idea for the course started that at some point, perhaps a century with two then-obscure technologies: or so in the future, someone would put public key encryption and nanotechhis key in his car’s ignition, turn it, and nology. As the course developed I found nothing would hapmyself exploring a considpen—because there erable range of others, with David D. Friedman would be no gasoline. one feature in common: What shocked me Each might change the was not his ignorance world within my lifetime. of the economics of What you are reading is an depletable resources— exploration of those techif we ever run out of nologies, the futures each gasoline it will be a might generate, and how long, slow process of we might deal with them. steadily rising prices, This chapter briefly surveys not a sudden surthe technologies; the next prise—but the astondiscusses the problem of ishing conservatism adjusting our lives and inof his view of the future. It was as if a stitutions to their consequences. similar official, 100 years earlier, had At the moment, the fashionable warned that by the year 2000 the streets focus for worries about the future would be so clogged with horse manure is global warming. It is probably a as to be impassable. I do not know what real problem and perhaps something the world will be like a century hence. should at some point be done about But it is not likely to be a place where it. But, despite all the public furor and the process of getting from here to there images of flooded cities, on current begins by putting a key in an ignition, evidence it is not a very large problem. turning it, and starting an internal com- The latest estimates from the United bustion engine burning gasoline. Nations International Panel on Climate My book, Future Imperfect: Technol- Change (IPCC) predict, if nothing is ogy and Freedom in an Uncertain World, done, a sea level rise of a foot or two by grew out of a seminar on future techthe end of the century, an increase in nologies that I taught for a number of average temperature of a few degrees, years at Santa Clara Law. Each Thursand perhaps a small increase in the day we discussed a technology that I frequency and force of hurricanes. It is was willing to argue, at least for a week, possible that those predictions will turn could revolutionize the world. On out to be far too modest, but they are Sunday, students emailed me legal iswhat we currently have to work with. sues that that revolution would raise, to At least three of the technolobe put on the class web page for other gies I discuss in this book—nanotech,
biotech, and artificial intelligence (AI)—have the potential to wipe out our species well before the end of the century. They also have the potential to create a future sufficiently rich and technologically advanced to make global warming a problem that can be solved at the cost of the spare cash of a few philanthropists. Other technologies might create futures strikingly different from the present in a wide variety of ways: a radically more, or radically less, free society than we now live in, more privacy than humans have ever known or less, humans living like gods or like slaves. Their consequences will affect not only law but marriage, parenting, political institutions, businesses, life, death, and much else. I am not a prophet; any one of the technologies I discuss may turn out to be a wet firecracker. It only takes one that does not to remake the world. Looking at some candidates will make us a little better prepared if one of those revolutions turns out to be real. Perhaps more important, after we have thought about how to adapt to any of ten possible revolutions, we will at least have a head start when the eleventh drops on us out of the blue. The conclusion I want readers to draw from this book is not that any one of the futures I sketch is going to happen. The conclusion I want them to draw is that the future is radically uncertain. In interesting ways. And that it is worth starting to think about the possibilities, and how to deal with them, now. Editor’s Note: This is excerpted from Friedman’s book, Future Imperfect (Cambridge University Press, 2008).
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A Century of Educating Lawyers Who Lead As we look forward to our centennial celebration, we are looking through our boxes of photos and discovering many gems. Do you have some great photos and stories from your law school days? Please visit us online at law.scu.edu/100 to share your memories and photos with the law school community. Santa Clara University School of Law, Class of 1912. Photo by Turrell B. Miller, courtesy of Santa Clara University Archives