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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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