Political Law
 

Litigator-Lobbyist Sees the Broad Picture

 

Gene Livingston is on the short list of powerful lobbyists in Sacramento. He's also a practicing attorney. When asked why he does both, Livingston said, "When Jim [Mattesich] and I started Livingston & Mattesich, we wanted to do something unique, for personal as well as business reasons. So we decided to represent our [business] clients wherever the State of California makes public policy decisions, including the Legislature, state agencies and the courts. With that combination of services, we can solve client problems in creative ways."

"For example, we represented an association of consumer product manufacturers sued by a private attorney under unfair competition laws for packaging practices we negotiated with the attorney general ten years earlier. The AG's agreement wasn't law, so while defending the lawsuits, we also went to the Legislature and got the AG guidelines enacted as statutes. That ended the lawsuits."

Livingston co-founded Livingston & Mattesich in 1982 after seven years in executive positions appointed by the governor. He served five years as chief deputy director, then acting director, of the Employment Development Department, an agency with 15,000 employees and a budget of $2.5 billion.

Then Lvingston served two years as California's first director of the Office of Administrative Law (OAL). He organized the office charged with reviewing all state agency regulations. The office reviewed every new regulation adopted by 124 agencies plus 30,000 pages of existing regulations. When Livingston left for private practice, both the Legislature and the business community hailed OAL as a stellar example of reasonable government.

According to Livingston, "With the attention of big business and the knowledge I had of state regulations and regulators, the jump to government law in private practice was quite natural."

Today, Livingston & Mattesich is Sacramento's third largest lobbying law firm. While entrenched as one of Sacramento's elite lobbying firms, litigation is the bigger part of its business. "The combination of government and legal services has been a vital element in our growth," Livingston said. "Most of our lobbying clients are national and international businesses with litigation needs. We sometimes litigate when government relations fail." Livingston notes with pride the recent addition of several veteran litigators, including Ken Malovos, past president of the Sacramento County Bar Association. "They have their own book of business in areas of law that serve our client base."

As most practitioners will attest, it's hard enough to master one practice area, so how does Livingston personally provide high quality litigation and lobbying services? "It's hard work, so you must enjoy the challenge and rewards of doing both. Also, I focus on industries and areas of law. For example, I represent State Farm in the Legislature and the Department of Insurance. I represent product manufacturers in Prop 65 legislative, administrative, and litigation matters. Important issues often play out in multiple venues. Knowing how the courts think helps me predict the legal ramifications of new laws. Regulators sometimes respond better when they know I know the law and will take them to court. The combination is a powerful tool."

Livingston's legal career began as a trial attorney with the U.S. Department of Justice. He worked on over 50 cases in four years, including civil rights enforcement in Mississippi. He's still a member of the Washington, D.C. Bar. He moved to California in 1968 to join the California Rural Legal Assistance (CRLA) program, first as director of its Modesto office, then as regional counsel. He represented countless poor and minority clients in civil litigation, including farm workers in several unfair business practice claims against the INS and a desegregation case against the Stockton school district. Livingston mused, "I've been fortunate to represent clients in major public policy issues, even as a litigator." In 1974, Livingston was one of several attorneys from CRLA invited into former Governor Jerry Brown's administration.

Livingston sees his journey from civil rights litigator to his present role as natural. "All clients, whether individuals or international businesses, deserve excellent representation," Livingston said. "To succeed, they need a position consistent with sound public policy. That's what I advocate in both legal and government affairs." Livingston's personal philosophy pervades Livingston & Mattesich. The firm maintains a bipartisan political approach working with both parties and all sides. The firm's lobbyists include Republicans and Democrats. It is precisely this moderate approach that puts Livingston and his firm in the middle of so many critical issues: the energy crisis, information privacy, tort reform, and so on. "And while I may get more public notice as a lobbyist," Livingston added, "my professional past and current practice are rooted in litigation."

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October / November 2001