Sacramento Lawyer Magazine March/April

March/April 2016

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Sacramento Attorney Athletes

www.sacbar.org

SCBA Membership Renewal Application inside on page 33

THIS WEEK’S ADVENTURE

The Case of the New Name on the Door Ueltzen & Co. is now EisnerAmper and expanding services in new directions

It’s not a whodunnit, it’s a whydunnit. We’re combining with EisnerAmper to offer our clients more services, more resources, and more opportunities at the national level. Most of our clients will see no change whatsoever — they’ll be served by the same people, at the same high level of service. But for those seeking new possibilities on a wider stage, your case is now stronger than ever.

TRIAL TESTED – TRIAL READY

Ueltzen & Company is now EisnerAmper 3600 American River Drive, Suite 150 Sacramento, CA 95864 916.563.7790 www.eisneramper.com

EDITOR’S MESSAGE Ellen Arabian-Lee is the Associate Editor of Sacramento Lawyer magazine and the President of Arabian-Lee Law Corporation in Roseville.

She may be contacted at ellen@arabian-leelaw.com.

It’s Never Too Late

by Ellen Arabian-Lee

T

his is my second year as the Guest Editor of Sacramento Lawyer. Each January, Editor-In-Chief Betsy Kimball travels to Kenya to volunteer her time helping BEADS for Education, a non-profit organization, which works to improve the status of women in Kenya, through girls’ education and women’s business development. I fill-in for Betsy during her absence.

Last year at this time, we highlighted local attorneys who are artists and musicians.

This year, we focus on seven local attorney-athletes. Some of these individuals set records and won championships later in life, and some when they were younger.

All of the featured individuals will amaze and inspire you.

It is impossible to give justice to the enthusiasm these attorney-athletes display when discussing their sports and their sense of personal accomplishment that the sport brought to their lives. They all get very excited when they talk about their sport, and it is very difficult to convey that passion to readers. We have provided snippets of their lives as athletes away from the office, and in some cases prior to law school. Whether it was being part of a winning team, setting a new personal record, traveling across the world to compete, or spending time with friends while climbing a mountain, the sporting experiences were life-changing and made them who they are today. Those who started a new sport later in life not only

learned the sport, they became masters of the sport in their age group.

This topic was especially interesting to me due to my love of sports. I have enjoyed playing competitive tennis since elementary school, and I played on every available intramural team in college all four years (flag football, soccer, softball, basketball, and tennis). I continued to play softball in a law school league and then a local barristers’ league, and then later in a co-ed league through the Folsom Parks and Recreation. I have continued to play tennis off and on through the years, culminating in a trip to the Northern California Grand Prix Tournament in 3.5 women’s singles about 16 years ago (I lost in the first round – I don’t do well playing at 8:00 a.m.). I then revisited soccer about seven years ago, and I enjoy playing women’s recreational indoor soccer about once a week (actually when I can – it varies, depending on my schedule). My story is not at all as interesting as the stories you will read in this magazine, but for those of us who have not set records (yet), but enjoy running around with a team or simply getting some exercise, it’s never too late to take your sport to the next level – or even start a new sport!

Special thanks to each and every attorney-athlete who took the time to be interviewed and, for several of them, photographed for this issue.

The SCBA regrets the passing of Judge Loren McMaster. Of his death, a judicial organization wrote, “We will miss Judge McMaster deeply. He embodied the virtues of wisdom, integrity, and courage to which we as judges aspire.” We concur.

1944-2016 4

SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako, Shoeb Mohammed, Narek Avetisyan MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Heather Cline Hoganson - President Sabrina Thomas - 1st Vice President Sil Reggiardo - 2nd Vice President Jason Jasmine - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825.

Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2016 by the Sacramento County Bar Association.

Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

MARCH / APRIL 2016 VOLUME 117, NUMBER 2

COVER STORY 18 Sacramento Attorney Athletes FEATURE ARTICLES 10 All about the Justice Bus 26 California Wrestles with Whether Daily Fantasy Sports Gaming Is “Gambling” EVENTS 16 Hundreds Turn out to Support Legal Services of Northern California at the 13th Annual Valentine Run! SECTIONS AND AFFILIATES

10

14 SacLEGAL Elects New Board 24 The Public Law Section Traverses a Broad Spectrum of Law BARRISTERS’ DIVISION 28 Barristers’ Club Update VLSP 12 Cy Pres Awards and SCBA Section Donations Support Legal Aid Services

18

BOOK REVIEW 30 Leigh Steinberg (with Michael Arkush) – “The Agent: My 40-Year Career Making Deals and Changing the Game”

DEPARTMENTS 4

Editor’s Message

6

President’s Message

8

Executive Director’s Message

16 COVER

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

1 4

2

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5 7 6

Sacramento Attorney Athletes 1 Buzz Wiesenfeld 2 Judge Ken Mennemeier 3 Maureen Onyeagbako 4 Dave Meegan 5 Judge Morrison England 6 Dawn Cole 7 John Holland

www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

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PRESIDENT’S MESSAGE Heather Cline Hoganson

Looking at the Calendar

by Heather Cline Hoganson

As

you read this, March Madness has started as well as spring training. Like sports? SCBA has a new opportunity for you. We are creating a new division, The Movers, to help connect you to the various runs, walks, and rides in the Sacramento area. The SCBA is also in the process of formalizing a Sports & Leisure Committee to officially run the Golf Tournament (scheduled for Friday, May 20), organize the SCBA Softball League, and prepare an SCBA run/walk. Let the SCBA office know if you’d be interested in these ways to burn calories and have fun.

While sweating is good, sweating for a charity cause can be even more

fulfilling. (Kudos to all who came out for the Race for Justice Valentine Fun Run benefitting Legal Services of Northern California on February 13.)

With that in mind, we are researching more ways that our members can engage in charitable activities easily. Stay tuned for further details. In the meantime, keep May 3rd, the next Big Day of Giving, circled on your calendar.

March 13 brings one of my bugaboos – daylight saving time begins.

In fact, the cancellation of daylight saving time is in the top dozen of my “If I were Emperor” list items (other topics include printing all drink prices on menus if food prices are listed, no spitting in baseball, and getting rid of

President, Sacramento County Bar Association

the 9/10 of a penny price allowed for gasoline – just round up to the nearest cent!). If you have better ideas for things that should be, or want to cancel crazy suggestions from people like me, perhaps participating in the SCBA Delegation to the Conference of California Bar Association is for you. This mechanism for legislative change currently counts over two dozen volunteer bar associations among its delegations. In the last several years, the SCBA Delegation has emerged as a leader, proposing numerous resolutions that have been approved by the Conference and then turned into bills, many of which have become law. Contact SCBA Delegation Chair Andi Liebenbaum if you want

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to get involved to legislatively eliminate your bugaboos in California law.

My cousin does a lot of genealogy research, so I know that I have branches of my family tree from Dublin and Cork, Ireland. That makes celebrating St. Patrick’s Day (an admittedly American Irish tradition) on March 17th an easy call and gives me the chance to wish you all the following: May your Troubles be Less and your Blessings be More and Nothing but Happiness Come through your Door.

SABA Sacramento’s 7th Anniversary Reception

Tuesday, March 29th • 5:30 p.m. to 7:30 p.m.

Downey Brand (621 Capitol Mall, 18th Fl.) Dear SABA Sacramento Members & Friends, SABA Sacramento would like to cordially invite you to celebrate SABA’s Seventh Anniversary Reception!

Our keynote speaker will be UC Davis Law Professor, Madhavi Sunder. Professor Sunder is a leading scholar of law and culture and has been a Visiting Professor of Law at the Yale Law School, the University of Chicago Law School and Cornell Law School. We are extremely honored and excited that Professor Sunder will deliver the keynote address.

Sincerely, SABA of Sacramento

COST:

$20 (for SABA members, Judges & Students) $30 (for non-members) $35 (at the door)

RSVP: RSVP by March 22nd with checks payable to:

SABA Sacramento, P.O. Box 1561, Sacramento, CA 95812

OLSON HAGEL & FISHBURN, LLP

A Law

Firm focusing on:

POLITICAL LAW, LITIGATION, CAMPAIGN REPORTING SERVICES, PUBLIC RETIREMENT LAW

The law firm of Olson Hagel & Fishburn, LLP announces that on January 1, 2016, partner Richard C. Miadich assumed the role of managing partner of the firm. Miadich, who has been with the firm since 2005, heads the firm’s litigation practice and regularly advises clients on matters concerning state and local government law, election law, and drafting ballot measures.

Additionally, Olson Hagel & Fishburn, LLP announces that on March 1, 2016, Lacey E. Keys became a partner. Ms. Keys has been with the firm since 2009 and is a member of the firm’s political counseling unit and counsels clients on compliance with state and federal campaign, election, lobbying and governmental ethics laws.

Olson Hagel & Fishburn, LLP is one of California’s leading political and government law firms, with offices in Sacramento and Long Beach.

www.olsonhagel.com

Olson Hagel & Fishburn, LLP 555 Capitol Mall, Suite 1425 • Sacramento, CA 95814 Office: 916.442.2952 • Fax: 916.442.1280 www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

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EXECUTIVE DIRECTOR’S MESSAGE

814

Mary Burroughs

SCBA New Meeting/ www.genshlealaw.com Event Center

825-9952

F/ (916) 525-8446

Executive Director, Sacramento County Bar Association

by Mary Burroughs

We

are all moved into our new office space and want to make sure all of you know about our new SCBA Meeting/Event Center.

Our center is 1600 square feet and MAGAZINE can accommodate from 20 to 120 people. It is conveniently located at

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425 University Ave., Suite 120, Sacramento, CA 95825, with ample free parking.

1/2 PageThe Ad: SCBA office can take care of everything for Union you--including Sacramento Credit use of a laptop, projector, Jan/Feb 2016 issue screen, and microphone(s). We have the ability to set up meetings, events, and lun-

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cheons in classroom style or banquet round tables.

We welcome our affiliate bar associations, committees, divisions, SCBA supported organizations, sections, and task forces. Have your next meeting or event here. Give me a call or stop by for a tour.

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Thanks for our Office Proof OK as is Warming Gifts

Proof OK as is Correction needed See a second proof

Invest in Sacramento OK with corrections

Thank you to our member, VasilCorrection needed ios S. Spyridakis, for wonderful gifts: See a Justice second proof the Lady and Cicero statues that makeOKperfect decorations for the SCBA with corrections lobby and conference room.

SIGN ___________________________

Sacramento Credit Union has been member owned and locally operated since 1935. We uphold the principles of community spirit through our direct SIGN DATE involvement. As an established business partner, Sacramento Credit Union is committed to giving back to the community it serves.

DATE__________

Cicero: Marcus Tullius Cicero was a Roman philosopher, politician, lawyer, orator, political theorist, consul, and constitutionalist.

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Home Loans Credit Cards Auto Loans FREE Checking H Street Branch

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Madison/Fair Oaks Branch 8100 Madison Avenue Fair Oaks, CA 95628

Elk Grove Branch

8351 Elk Grove Blvd., Suite 600 Elk Grove, CA 95758

SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

Arden Branch

3045 Arden Way, Suite 200 Sacramento, CA 95825

Bruceville Branch

Kaiser Hospital, 6600 Bruceville Road Sacramento, CA 95823

Lady Justice: Iustitia, Justitia, or Lady Justice (in Latin, Iustitia, the Roman goddess of Justice, who is equivalent to the Greek goddess Themis) is an allegorical personification of the moral force in judicial systems.

SCBA Affiliates, Committees, Divisions, and Sections….we have

space for you!

Tech-ready buffet luncheon or classroom space is available.

For more information call 916-564-3780

ABAS Law Foundation

14th Annual Wine & Food Tasting Thursday May 26, 2016 6:00 to 8:30 p.m.

Sacramento County Bar Association - Event Center 425 University Avenue, Suite 120 Sacramento, CA 95825

$40 check to: ABAS Law Foundation 555 University Ave., Ste. 235 Sacramento, CA 95825 Other payment options and specials: www.ABASLawFoundation.org

Interested in Being a Sponsor?

Contact: Josh Kaizuka and Katie Konz WineTasting@ABASLawFoundation.org (916) 706-0678 The ABAS Law Foundation is a 501(c)(3) nonprofit Tax ID Number 91-1859906 www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

9

FEATURE ARTICLE

All about the Justice Bus n California State Bar Trial Lawyer Hall of Fame, 2001

Narek Avetisyan and Shoeb Mohammed are both May 2016 Juris Doctor candidates at Pacific McGeorge. They can be contacted at n_avetisyan@u.pacific.edu and s_mohammed@u.pacific.edu respectively.

n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:

by Narek Avetisyan and Shoeb Mohammed

ation yer?

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

u Lawyer of the Year, Commercial Litigation,

Sacramento 2010

u Bet the Company Litigation, 2012, 2013, 2014 u Commercial Litigation, 2012, 2013, 2014

u Litigation-Banking and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014

m C/ (916) 825-9952

nto, CA 95814

F/ (916) 525-8446

www.genshlealaw.com

Sacramento County Public Law Library SCBA was a2015 cold December evening in Montgomery, Ala-

It

bama, 1965. A young white couple found themselves in an African American nightclub, dancing to the music and enjoying their drinks. That evening, they celebrated 20th century Alabama’s first criminal convictions for a violation of a federal civil rights law. It was also their first date.

“We had our first date in Alabama,” Brian Landsberg MAGAZINE said, “I met my wife at the Civil Rights Division.” Landsberg’s

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FREE SERVICE FOR box ATTORNEYS! Proof OK as is

Need a case or law review article?

Correction Want to see needed if your case is still “good law?”

Email the Reference Desk at reference@saclaw.org or call See a second proof 916-874-6012 with a complete citation, and a librarian will email you the document within 24 hours.

OK 5with corrections Limit documents per day, per attorney.

609 9th Street • Sacramento, CA 95814 | 916-874-6011 | www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian

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Brian Landsberg seated in his office at Pacific McGeorge School of Law with the DOJ Justice Bus resting on his desk

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work in civil rights began fresh out of law school, when he was hired as a new lawyer for the Department of Justice. “I got my offer in ‘63 and I accepted it.” But after accepting his offer, he never received word back from the DOJ. After enough time without a clear answer, Landsberg boarded a plane and flew to Washington, D.C. “The best way to get straight answers is to be there, which is actually very163px consistent with Ad the way the Civil -163px Rights Division operated,” Landsberg said. It turned out that the reason no one had responded to his inquiries was because Congress had not passed the budget. But the Budget Act of 1963 did create two new positions for the Civil Rights Division, and one of those belonged to Landsberg.

Landsberg’s first assignment sent him to the deep South.

His mission was to enforce voter rights in Alabama, where George Wallace recently had been elected Governor on a platform that boasted, “Segregation Now! Segregation Tomorrow! Segregation Forever!”

“We were driving rental cars, we had haircuts, we were wearing suits and ties, even on the hottest days,” Landsberg said. Everyone 916-874-6011 knew that the Department of Justice was in | www.saclaw.org town. However, many locals saw them as naive outsiders

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FEATURE ARTICLE who did not understand the depth of the situation. If left alone, most thought, the race relations would be just fine.

Landsberg, however, knew what he was fighting for. “My first trip there, there was some snow. I went to some houses of black people who didn’t have any insulation at all. I remember one house where the guy we went to interview was in bed under a pile of blankets because it was so cold. So he got up and said, ‘come to my living room and we can talk.’

He unscrewed a light bulb from the ceiling of his bedroom, and we walked into the living room, and he screwed the light bulb in. He was so poor he could only afford one light bulb.”

Over time, Landsberg’s work shifted from voting rights to school segregation. He was eventually assigned to Lee v.

Macon County Board of Education, a case an attorney named Fred Gray filed against the Macon County (Alabama) Board of Education on behalf of black students who had been denied admission to an all-white school. Landsberg wondered about the ethical implications for the attorneys trying the cases against him, “I wondered what advice the lawyers were giving to their clients. That is, why are they fighting these cases when they know what the law is and what the facts are?

Why are they fighting tooth and nail?”

It was not just an ethics question, however, there was also a tremendous amount of politics involved. In the Lee case, the state brought in a man named John Satterfield for support. Satterfield was a strong segregationist from Mississippi, and even had served as president of the American Bar Association. He was a big name, and with him came big support. On a broader scale, such high level involvement undermined the work of lawyers who were giving honest advice to their clients, while bolstering support for lawyers who were leading their clients down the wrong side of history.

Throughout his career, Landsberg continued his fight for civil rights. Within six months of his taking office, Governor Wallace’s promise of segregation was broken when the first black students began attending white schools. In 1969, Landsberg became the head of the education section at the Department of Justice. “By the mid-1970’s,” Landsberg said, “the schools in the south were the most integrated in the nation. And that was because of the litigation.” But even today, the battle of desegregation has not ended.

“I feel as though we’ve kind of stalled,” said Landsberg, “we’re not moving forward the way that we were, and the Supreme Court has put some difficult barriers in the way of further desegregation. I have a feeling that the civil rights groups have gotten discouraged, and almost given up.”

When asked about the recent Alabama voter controversy, Landsberg reflected a sense of suspicion. In 2015, Alabama instituted an identification requirement for voters and announced its plans to shut down DMV locations in eight out of 10 predominantly black counties. Many of these counties

were in the “black belt” of the South, where Macon County is also located. In addressing the economic reasons that Alabama put forward in support of the shutdowns, Landsberg said, “One of the things one finds out is that you can often come up with legitimate reasons for doing illegitimate things.”

The passage of the Civil Rights Act was a long time ago, but Landsberg sees this as “all the more reason why we should’ve gotten further. They say we have a black president, mission accomplished. But you don’t have to go far in Sacramento, just up 14th Avenue, to see the schools. Sacramento is one of the most integrated cities in the country, but there’s still a lot of racial isolation.” So the question still remains, how can lawyers help?

Landsberg’s personal recollection of his work resonates a very practical message: though not every lawyer can bring big desegregation cases, lawyers still have a profound duty to their communities and to the Constitution. As Landsberg said, “Had Charles Hamilton Houston given up in the 1930’s when Plessy v. Ferguson was the law of the land, we wouldn’t have had Brown.” No individual lawyer is too small to make a difference, and no amount of good work is insignificant. There is still lots to do in the name of civil rights and minority representation in the law. “A lot of the job is still right here in River City.”

www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

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VLSP

Vicki Jacobs is the Managing Attorney of the Voluntary Legal Services Program.

She may be contacted at vjacobs@vlsp.org.

Cy Pres Awards and SCBA Section California State Bar Trial Lawyer Hall of Fame, 2001 Donations Fellow, American College of Trial Support Lawyers, since 1986 Legal Aid Services

n n n Northern California Super Lawyers since inception

by Vicki Jacobs

n Best Lawyers in America since inception, recently: u Lawyer of the year, Real Estate Litigation,

We

Sacramento, 2014

are often Litigation, asked how u Lawyer of the Year, Commercial

the Voluntary Legal Ser-

Sacramento 2010 vices Program of Northern California (VLSP) thefunded Company 2012, 2013, 2014indigent members of the u Bet is toLitigation, do our work assisting u Commercial Litigation, 2012, 2013, 2014 Sacramento region with their legal problems. Truthfully, deu Litigation-Banking and Finance, 2012, 2013, 2014 spite our relatively small size, the funding is surprisingly u Litigation-Real Estate, 2012, 2013, 2014

complex. We receive grants from the Sacramento County Bar Association and Legal Services of Northern California, United Way donations from state employees, and several state and federally-funded agencies. We also conduct an annual fundraiser each fall, the VLSP Phonathon, and receive donations from generous individuals and law firms outside our fundraising event.

Despite these numerous sources of funds, the funds we receive from government grants, in particular, usually do not cover such basic costs as rent, utilities, computers and programs, general525-8446 liability or malpractice insurance. For 6) 825-9952 F/ (916) those of you in private practice or agency management, you relate to a list of expenses that are necessary to run your 5814 can www.genshlealaw.com office. VLSP has those as well.

Tom Wagner - SCBA 2015 around 2007, funding for Since the economy worsened legal services has fallen. During the last eight lean years, it has been because of some unexpected and very welcome donations, especially in the nature of cy pres donations, that VLSP has been able to maintain our services to the public.

These funds also have allowed us to have confidence that, if a grant source suddenly went away, we would not have to immediately close our doors or make dramatic service cuts.

MAGAZINE Cy pres awards are funds 1/8 page Ad in class action cases that, for a variety of reasons, cannot be distributed to all of the mem-

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twagner@hebw.com | (916) 449-3800

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SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

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bers of a class action who were the intended recipients. As VLSP does not participate in class action matters, we have not been a party to any of these cases. We do, however, help clients with legal problems in areas of law that are the subject of the class actions, and California law (Code Civ. Proc. § 384) provides that legal aid organizations which serve the indigent can be the recipients of these unclaimed funds.

The judge in the class action case must approve of the recipient of cy pres funds, and the proposed recipients are negotiated between the attorneys for the parties. We are pleased that over the years, VLSP has been deemed worthy to receive these funds in a variety of types of litigation.

One attorney who recommends VLSP as a recipient of cy pres awards in his employment law cases is Galen T. Shimoda of the Shimoda Law Corporation. When asked why he supports VLSP in this way, he responds: “As a practitioner in wage and hour class actions, I make a concerted effort to provide any residual funding to VLSP so it can help fund its employment and other clinics. For cy pres awards, the court typically requires the residual to be related to the objectives of the litigation. VLSP was my first taste of the law when I was a law student as I interned at one of its clinics. I have also participated in the Employment Clinic a number of times. The money that comes from cy pres can help these clinics survive. The clinics provide legal assistance and information to those who otherwise cannot afford lawyers on their own. This is why my firm 163px -163px Banner Adand staff make it a point to have cy pres awards written to VLSP.” We are grateful for Galen’s long time support. You never know how working with a law student intern can be of additional benefit later in his/her career!

VLSP has also been fortunate over the years to receive donations from sections of the SCBA. We are very grateful to the sections for their generosity and for recognizing that the work we and our volunteers do benefits our community. Recently we have received donations from the Family Law Section and the Bankruptcy and Commercial Law Section. Thank you to those sections and their members for their support.

If we can provide any further information about our organization to any attorney, firm, or association, please feel twagner@hebw.com | (916) 449-3800 free to contact our Managing Attorney, Vicki Jacobs, at vjacobs@vlsp.org.

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www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

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SECTIONS AND AFFILIATES

Steven Muni is a Deputy Attorney General with the Bureau of Medi-Cal Fraud and Elder Abuse. He can contacted at Steven.Muni@doj.ca.gov.

SacLEGAL Elects New Board

by Steven Muni

S

acLEGAL, the Sacramento Lawyers for the Equality of Lesbians and Gays, recently announced the election of a new Board of Directors. Returning to the Board are former Co-Chairs Steven Muni and Gerald Latasa, who were both re-elected as Co-Chairs for a second term. Muni is a Deputy Attorney General with the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse, and Latasa is an associate at Mastagni Holstedt, A.P.C. Also returning are Board Secretary Nick Norvell and Treasurer James Tiehm, who were both re-elected for another term. Norvell is an associate at Meyers Nave, and Tiehm is an associate at the Family Law Center. Board members Pam Jones of the Law Offices of Pamela Jones, El Dorado County Deputy Public Defender Hayley Dewey, and Jocelyn Wolf, an attorney with the Yolo Superior Court, are also returning for 2016.

Joining the Board are Deputy Attorney General Emmanuel Salazar, with the Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse, Jessica Warne, of the Law Offices of Jessica Warne, Lexi Howard, who is with California Advocates, and Joseph Boniwell, a legislative and homeless policy advocate for Housing California.

SacLEGAL is the LGBT minority bar association for the greater Sacramento region, affiliated with the Sacramento County Bar Association. Its mission is to promote equality and greater access to justice and to the practice of law for members of the LGBT community. Among numerous other activities, in the past year, SacLEGAL has sponsored CLE programs in conjunction with sections of the Sacramento County Bar Association on estate planning for the LGBT individuals, couples and families, and on LGBT-related employment issues, including discrimination and harassment in the workplace for members of the LGBT community.

Aside from continuing to present CLE programs of interest to both the LGBT legal community and to attorneys who have LGBT clients, among SacLEGAL’s areas of focus for the upcoming year will be to expand the mentorship program in the regional law schools, whereby LGBT students are paired with experienced attorneys in their chosen field of interest for advice, counseling and help in getting started in the legal profession, and to continue to push for the appointment of more LGBT judges to our local courts. For more information, see www.saclegal.org.

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15

EVENTS

Nanette Aubut is the De-

Hundreds Turn out to Support Legal Services of Northern California at the 13th Annual Valentine Run! byNanette Aubut

T

he 13th Annual Valentine Run, presented by Seyfarth Shaw, was held February 13, 2016. Over 40 law firms and organizations sponsored the event, benefiting Legal Services of Northern California.

More than 100 attorneys competed in the attorney race.

Matthew Wise, from the Office of the Attorney General, placed first overall and also won the attorney race with a time of 21:44. Bridget Dawes was the overall female winner, with a time of 24:20. Hillary Hansen, an LSNC staff attorney, won first place-female in the attorney race, with a time of 26:51.

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velopment Director of Legal Services of Northern California. She may be contacted at naubut@lsnc.net.

Many participants dressed up to compete for the Best Dressed Individual, team, and pooch. We saw some fantastic costumes, and had a tough time judging the contest with so many creative competitors! The festive expo area had lots of freebies provided by our sponsors and kids’ activities to keep the little ones busy.

Teams fundraise to compete for some great prizes. Orrick, Herrington & Sutcliffe LLP placed first, followed by the Juris Gators. Individuals also fundraise to win gift certificates from local retailers and restaurants.

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COVER STORY

Sacramento Attorney Athletes

Ellen Arabian-Lee is the Associate Editor of Sacramento Lawyer magazine and the President of Arabian-Lee Law Corporation in Roseville. She may be contacted at ellen@ arabian-leelaw.com.

Seven Sacramento lawyers and judges are accomplished athletes, past and present.

by Ellen Arabian-Lee

W

Judge Ken Mennemeier at the December 2015 California International Marathon

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ho has run 24 marathons, most recently the California International Marathon (“CIM”) in December 2015? The Honorable Kenneth C. Mennemeier, Jr. of the Sacramento County Superior Court, of course.

In addition to running the CIM in December 2015, Judge Mennemeier ran the Chicago Marathon in October 2014 and 2015, the Napa Marathon in March 2015, and the San Francisco Marathon in July 2015. He has also run the Boston Marathon three times (1992, 1996, and 2009), which is particularly significant because runners must “qualify” to run the Boston Marathon. His recent time at the CIM in December 2015 was 3:44:57 – an 8:35/mile pace, and he plans to run the CIM again this year. The only competition for Judge Mennemeier in his sport is to beat his own best times, and those times are impressive. He had his best time ever at the CIM in 1991, 3:07:19 – a 7:09/mile pace.

Judge Mennemeier became a runner in high school when he joined the cross-country team as a freshman. At Northern Illinois University, he played intramural sports, and continued to run. He describes running as a “constant in my life,” and “a great excuse to get outdoors.” He enjoys the many benefits of being a runner, including being able to eat “whatever I want and not have to worry about it.”

According to Judge Mennemeier, running alone is the perfect time to think, reflect, and become lost in thought.

Running with friends, which he enjoys the most, has a great social dimension and he recalls many meaningful and enriching conversations with friends while running. Judge Mennemeier’s favorite running moment was during the 2009 Boston Marathon, running through “the Scream Tunnel” – the portion of the course that borders the Wellesley College campus. His daughter, Kelly, was a sophomore at Wellesley at the time, and she and her friends cheered him on. As for the obvious health benefits, “running is a sport that rewards you for what you put into it.”

COVER STORY not going to lose.” The UOP coach told the team, “don’t stop, keep going.” The coach told Judge England to play defense (for the first time in his life) and just to chase the quarterback and running back wherever they go. He followed this good coaching advice and got his first and only quarterback sack.

Within five minutes, UOP scored 23 points, doing trick plays and digging in as a team. Judge England has remained close to his UOP teammates, and they still get together every summer.

In 1976, Judge England signed a free agent contract with the New York Jets as an offensive guard. He attended

Judge England “learned the importance of relying on others, ‘your team,’ for success.”

Judge Morrison England (center) during spring practice in 1974, with former mayor of Fresno and actor Alan Autry in the background

Judge Morrison England always loved football, but he was not allowed to play as a young child. His father, who played competitive tennis in the 1930’s, told him no football, baseball, or basketball, since these are not “life-long sports” a person can play well into retirement (like tennis and golf).

Nevertheless, Judge England had a passion for football and, while in 8th grade at Holy Spirit Parish School in Sacramento, he advocated effectively for himself, and his mother convinced his father to “let him play.” Judge England went on to play offensive tackle for McClatchy High School, where at age 15 he was named All-Metro League and was selected to play in the Optimist All-Star Football Game. Judge England recalls the last game of his senior year between McClatchy High School and Sacramento High School, the Turkey Day Game, which always filled Hughes Stadium. McClatchy had lost to Sacramento High for the past several years in a row, but McClatchy pulled out a dramatic 12-6 win.

Judge England started as a tackle at Sacramento City College, and in December 1973, he was selected to the All-Star Team of the Valley Conference and All-State. In January 1974, he transferred to UOP on a full football scholarship. He recalls with enthusiasm a game against San Jose State, where UOP was behind 27-6, with six minutes left in the fourth quarter. People had started leaving the stadium, but “we were

the mini-camps and training camps during pre-season, but decided not to continue. The deal at the time was simply not good enough, given the many sacrifices required. His contract, which was typical for contracts at that time, was only $22,000.00/year. Judge England went on to coach for two years at Cal State Fullerton, and then became the offensive line coach at Cal State Sacramento. Judge England considers leaving the N.Y. Jets to have been a smart move, because through his coaching connections at Cal State Sacramento, he met lawyers who eventually became his law partners.

Judge England continues to be an avid football enthusiast, but as his father noted, you can’t play football for very long. He learned that in sports, and in certain life situations, “never give up.” He also learned the importance of relying on others, “your team,” for success. Judge England is back into working out, but when asked about running marathons, he is not interested, stating “you only have so many steps of the feet and beats of the heart, why use them all up at once?”

In January 2015, Buzz Wiesenfeld, a well-known mediator, climbed Mt. Kilimanjaro (Tanzania), the highest mountain in Africa. The high elevation, low temperatures, and occasional high winds make this a difficult and dangerous climb.

While at a Cal tailgating party, Wiesenfeld and his close friends (all in their late 60’s) decided to climb Mt. Kilimanjaro. This same group of college friends had been gathering at Cal tailgating parties for the past 40-50 years, but this was their first mountain climbing trip together.

The climb took seven days. The greatest difficulty for Wiesenfeld occurred at the very beginning of his trip, when his luggage did not arrive with him. In fact, his luggage did not arwww.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

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COVER STORY

Buzz Wiesenfeld (third from the right) with his climbing buddies

rive until he was 14,000 feet on the mountain. The last day and a half of the climb, on the Western Breech, was also a stiff challenge with loose rocks and icy/snowy conditions. And, at the summit, the temperature was about zero degrees. The summit height is over 19,000 feet; due to the lack of oxygen everyone moves slowly at the top.

Wiesenfeld described the trip as a “great all around trip” and found it personally enriching to be there with his close friends. But he doubts that he will do it again – “it’s a onetime deal.” Wiesenfeld enjoys traveling because it always succeeds in changing his perspective, but it also causes him to appreciate what we have here as well.

It is well known that Dave Meegan, of Meegan, Hanschu & Kassenbrock, is an accomplished bankruptcy attorney, but did you know that his USTA (United States Tennis Association) men’s tennis team won the 3.5 Senior USTA National Championship twice? Like several others featured in this article, Meegan and his wife, Judge Cheryl Meegan (Sacramento County Superior Court), learned to play tennis later in life. In 2001, Judge Meegan signed-up for lessons. Husband Dave then took lessons, and both of them became hooked on tennis. Meegan’s law partner Jim Hanschu and his wife followed suit about six months later, as well as attorney Pete Pullen from their firm and his wife. Since 2002, Meegan has captained 10 USTA teams and co-captained another nine teams, with much success. He captained a team to a championship nine times, and co-captained a team to a championship five times. To date, Meegan has played 199 total matches for

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league teams, which include 22 play-off matches, and 49 total District and Section Championship matches.

After years of very competitive tennis play through the USTA, Meegan now plays social tennis several times a week.

Ranked as a 4.0 tennis player, Meegan brags about his wife, Cheryl, since she is now ranked at the 4.5 level in USTA tennis play (the level many former college players play). Unlike many spouses who play tennis together, the Meegans enjoy playing mixed doubles together. Meegan loves the strategy as well as the social part of the sport. “It’s a sport where you can really get to know people during a match, but it is also a sport that does not take a lot of time” – something which Meegan appreciates given his busy law practice.

Dave & Cheryl Meegan

COVER STORY Maureen Onyeagbako, a Deputy Attorney General in the Correctional Law Section, was very fast in elementary school and middle school. She was a sprinter as a high school freshman in Nevada, but her track coach asked her to try something new, the shot put. She tried both the shot put and the discus and turned out to be very good at both. She became the Nevada state shot put champion, and ranked third in Nevada for the discus while in high school.

Onyeagbako is proud that she got into Stanford on her own academic merit and not a sports scholarship, but she had a dream of being on the Stanford track team. During freshmen admit weekend, she introduced herself to the track coach. Although Onyeagbako was very confident, she did not feel that she had made a lasting impression on the coach, since he appeared to be disinterested and cut their meeting short to command another student to give her a tour of the shot put ring. She resigned herself to doing intramural sports. However, shortly before the start of freshman year, the coach called and invited her to the team as a walk-on.

At first, Onyeagbako felt that she was out of her league competing on the Stanford track team, and she was small in size for her sport. During her junior year, she was going to quit.

However, she stuck with it, worked hard, and improved her technique. She found herself driven to impress her coach.

And the results followed.

Onyeagbako held the Stanford women’s record in the hammer throw for three years, as well as the 20 lb. weight throw for about two years. She also competed in the NCAA championship in the hammer throw. In the Pac 10, she placed third in the hammer throw. Her talent was duly appreciated at Stanford when she was offered a full scholarship and asked to stay for a fifth year to compete with the team. She also used this extra time at Stanford to get her master’s degree.

After Stanford and law school at the University of Michigan, there was some discussion of her joining the Nigerian Olympic track team (her parents were born in Nigeria), but the opportunity never materialized.

Onyeagbako learned from her college track experience, “don’t quit when you don’t get immediate results.” She also learned that she loves learning a technique and perfecting it, which takes a lot of hard work and patience. She continues to exercise and do Olympic style weightlifting, and she hopes to coach high school students in Maureen Onyeagbako

the shot put or discus, or train students to get sports scholarships. What started as a rocky initial meeting, ended in a close relationship with her Stanford track coach, and they are still good friends today.

Dawn Cole at Red Rock Canyon during “Viva Bike Vegas,” a 100-mile ride around Las Vegas

You are never too old to take up something new. Dawn Cole, a former McDonough Holland & Allen estate planning, probate and tax attorney, now “retired,” got a late start in setting sports records. But she is now in her prime setting records and winning championships in soccer and weightlifting. She also took up cycling and half-marathons after age 60.

Cole grew up loving sports, but the opportunities for girls to play sports were limited. She played college intramural sports and then competitive softball in the City’s Lady Barristers’ softball league for many years. At 47, after watching her sons play soccer, Cole and some of the other moms decided to learn to play soccer themselves. They trained once a week at Indoor Soccer Arena in Sacramento and then joined a soccer league as the Moms on the Run. They eventually became an over-50 team called Still Kickin’, and the core of her team is still together more than 15 years later.

Since starting soccer at 47, Cole has played in many over-50 and over-60 soccer tournaments. She won her first U.S. national soccer championship at age 59 when Still Kickin’ won the over-55 national title at the Veteran’s Cup in Washington. They won the over-55 national championship again the following year, and Cole has also won the over-60 national championship twice playing goalkeeper for a San Diego team. Every four years, she plays soccer in the World Masters Games which are held in various locations around the world. In 2013, she played in Torino, Italy, where her team won the silver medal for over-55 women. In www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

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COVER STORY August 2016, she will play in the America’s Masters Game in Vancouver, Canada, and in 2017, she will be in Auckland, New Zealand with her over-60 team.

In 2008, Cole was diagnosed with Hodgkin’s Lymphoma. After six months of chemotherapy, she was back playing goalie for her team. Now, she is on the Board of Trustees for the Leukemia & Lymphoma Society, and she speaks at some of their events. At one of her speaking engagements, Cole was recruited to join the cycling team for the Society’s “Team in Training,” which provides coaching and training for participants who do athletic events and raise funds for the Society.

At age 62, Cole completed 100-mile bike rides around Lake Tahoe (America’s Most Beautiful Bike Ride) and around Las Vegas (Viva Bike Vegas). In 2013, at age 65, Cole rode her bike more than 4,000 miles.

Five years ago, Cole’s trainer at the gym formed a weightlifting team of women in their 40’s, 50’s and 60’s, called the Sacramento Iron Maidens, to participate in weightlifting competitions, and she asked Cole to join. Cole set state weightlifting records in the bench press at age 62 and in the deadlift at age 63. It does not stop there. Some of Cole’s friends asked her join them in running half-marathons with Team in Training. At age 66, she did the Nike Women’s San Francisco run, which she has now done twice, as well as several other half-marathons.

Last November, Cole finished the 3-Day Susan G. Komen Walk, walking 60 miles in three days, at age 67.

Cole gives credit to her teammates who were a big support to her during her cancer recovery – “they are very positive people.” She relates the teamwork on her sports teams to her law practice where she said it is important to value everyone on the team – “everyone has a role and you always need to treat a team member with respect and encouragement.”

“Sports also shows us that we each have a certain level of talent and experience, but our performance on any given day will be greatly improved by preparation, practice, and being willing to make adjustments as the game progresses.”

We saved our Olympic athlete for last. John Holland, Staff Counsel III, with the California Department of Fish and Wildlife, Office of Spill Prevention & Response, went to the 1972 Olympics in Munich in the Canoe Slalom (aka “whitewater kayaking”). Canoeing was first introduced into the Olympics in 1936, but only for lake competitions (similar to rowing). In 1972, whitewater slalom was introduced at the Olympics, and Holland was there to compete.

The Canoe Slalom competitions require paddlers to negotiate

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their way down a 300-500 meter whitewater rapid. Paddlers race through a series of 25 to 30 gates, which are made up of red and green poles. The color of the poles determines the direction that the paddlers must pass through each gate. Paddlers go as fast as they can through the course while battling whitewater rapids for the quickest time. If paddlers touch or miss a gate completely, time is added. The combined score of time and penalties determines the rankings. Participants did not start wearing helmets until Holland’s high school years, and Holland pointed out that the biggest risk for this sport is limb entrapment, which can cause a boater to drown.

Holland was a competitive swimmer as a child at Arden Hills Country Club. After going on a kayaking and rafting trip on the Colorado River with the Sierra Club with his family at age six, he was hooked. In high school, Holland was inspired by his French teacher who happened to be Roger Paris, a retired French slalom canoeist who competed from the late 1940’s to the late 1950’s, winning 7 medals (5 golds and 2 silvers) at the ICF Canoe Slalom World Championships. While on his high school kayaking team, Holland also competed on the U.S. team in the 1969 Canoe Slalom World Championships.

While a sophomore at Colby College in Waterville, Maine, Holland took some time off to train for the Olympics. He did what is now known as cross-training in order to prepare, and he focused on exercises and weightlifting which stabilize the back and shoulders. Although the East Germans dominated all whitewater events, just being a part of the Munich Olympics in 1972 was an amazing experience for Holland.

In 1975 and 1977, Holland was on the U.S. world team, but retired prior to starting law school. He completed his undergraduate work at the University of Montana in 1975, and later went on to Pacific McGeorge School of Law. He replaced the kayak with the outrigger canoe and bicycling, which were not as strenuous on his joints. While teaching boating on the lower American River, Holland met his wife, who was involved in a local paddling club and was training for Eppie’s Great Race. Holland’s current position at the Department of Fish & Wildlife keeps him close to water, and he also performs occasional expert witness work regarding water and boating issues.

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EVENTS

Kate Killeen is an attorney with the California Department of Water Resources and the 2016 Chair of the Public Law Section.

She can be contacted at Katharine.Killeen@water.ca.gov.

The Public Law Section Traverses a Broad Spectrum of Law by Kate Killeen

T

he Pubic Law Section (PLS) provides educational programs and networking opportunities for public law attorneys across the broad spectrum of practices in the Sacramento region. The section’s active membership is comprised of attorneys in private law firms, and local and state agencies. Law students are also welcome. Recent programs reflect the breadth of practice areas engaged in by public sector attorneys in the region.

Last July, PLS was fortunate to hear a presentation by Andi Liebenbaum on the topic of “How NOT to Draft Laws.” Liebenbaum is Chair of the SCBA Delegation to the Conference of California Bar Associations and Senior Governmental Affairs Analyst for the Office of Governmental Affairs, Judicial Council of California. Using her substantial experience with the legislative process, Liebenbaum provided insightful pointers on how to draft clear and effective statutory language.

In October 2015, Felicia Marcus, Chair of the State Water Resources Control Board, was the keynote speaker at the section’s annual meeting at the California Capitol. With

Andi Liebenbaum

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the topic, “California Drought: 2015 and beyond...,” Marcus captivated the audience who gathered in the Governor’s Council Room, and presented a comprehensive and insightful view of the water challenges in California. Major California water projects, climate change, maximizing all beneficial uses, widely varying impacts of drought, groundwater depletion, competing interests, “all-of-the-above” action plans, myth busting, and crisis management were just a few of the many topics addressed in Marcus’s engaging talk. And for those who yearn for more, she even offered some recommended reading - the California Water Action Plan.

Reaching out to law students, PLS offered three $500 book scholarships for one law student at each of Pacific McGeorge, U.C. Davis, and Lincoln Schools of Law. These scholarships help students interested in public law purchase materials to advance their studies. The criteria were that the law student must be at least a second-year enrolled law student, have an interest in public law, and submit a resume and statement describing his or her interest in public law.

PLS is pleased to have awarded its 2015 scholarships

Scholarship award winners Elliott Jennings Jones (Lincoln) and Aaron Israel (U.C. Davis), with PLS board member Suzanne Kennedy

SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

EVENTS

to Aaron Israel (U.C. Davis), Elliott Jennings Jones (Lincoln), and Sean Creadick (Pacific McGeorge).

In November 2015, PLS also enjoyed a roundtable with Brian Lau, Senior Staff Counsel for the Fair Political Practices Commission, discussing “Recently Revised Conflict of Interest Regulations Implementing the Political Reform Act.” In February 2016, PLS members gathered for a legislative update on “New Laws Impacting Public Agencies in 2016.” The speakers, Sigrid K. Asmundson and Jordan Ferguson, both of Best, Best & Krieger LLP, discussed a range of new laws, including those related to drought, infrastructure finance, and medical marijuana.

Finally, PLS Board members surprised outgoing Chairperson, Maggie Stern, with an award in recognition of her remarkable leadership over the past two years. The Board expressed their appreciation for her unique role by stepping up as Chairperson to successfully inspire the revival of the section since 2013.

PLS looks forward to more enriching programs throughout the year. Keep a lookout for announcements about PLS events in 2016!

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FEATURE ARTICLE

California Wrestles with Whether Daily Fantasy Sports Gaming Is “Gambling” by Michael L. Martucci

V

iewers know DraftKings and FanDuel as the source of endless commercials before, during, and after every sporting event over the last six months. Daily fantasy sports is an exploding industry, and DraftKings and FanDuel are the biggest players. To many, daily fantasy sports is a source of entertainment which simply adds to the excitement of game day. For others, however, it is another way to gamble on sports. The problems lie in the fact that daily fantasy sports is, as yet, a largely unregulated industry and the debate continues as to whether daily fantasy sports is gambling. This subject is evolving, but here is where it stands now and how it got here.

The issue of whether daily fantasy sports are games of chance or mere entertainment has quietly developed in California. Jurisdictions such as New York, Illinois, Nevada, and Texas have determined that daily fantasy sports is indeed gambling under their laws.

Other jurisdictions, including California, are grappling with how to address the issue. In an effort to avoid the political and legal posturing the nation has witnessed in states like New York, the daily fantasy sports industry has asked state legislatures to regulate the industry, hoping to bypass the issues the industry is struggling with in those more visible states. Regulating the industry has been met with a positive reception in California, but whether it is appropriate is still being debated.

Most people are familiar with the traditional form of fantasy sports. Customers pay an entry fee and select real-life players for their team rosters in a particular sport and are awarded points

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based on the statistical performances of those players over the course of a full season. Daily fantasy sports works in the same way, but the team selected may only exist for as little as a single day, multiple days, or a week. The various daily fantasy sports contests have tiered prizes with some contests awarding upwards of $1 million. The issues facing the states are whether this more immediate transaction (i.e., daily betting) is a game of chance or a game of skill and, if it is a game of skill, how to effectively regulate the industry.

The daily fantasy sports industry has provided a lot of California consumers with entertainment and even winnings, but whether it is legal in California continues to be unclear.

California law is relatively vague on the subject. The most cited provisions relating to daily fantasy sports are Business & Professions Code section 19801(d) and Penal Code section 337a. Section 19801(d) states, “no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies.” Penal Code section 337a provides that it is illegal and punishable by imprisonment to accept bets on sporting contests from others when the winner of said bets is contingent upon the result “of any lot, chance, casualty, unknown or contingent event whatsoever.” Simply put, section 19801 requires an entity seeking to operate any gambling enterprise be properly licensed and authorized by the law. Opponents of daily fantasy sports contend that daily fantasy sports companies are bookmakers

SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

Michael Martucci is an attorney with Klinedinst PC and can be reached at mmartucci@ klinedinstlaw.com.

under Penal Code section 337a and are therefore unlawful gambling enterprises running afoul of Business & Professions Code section 19801(d).

The daily fantasy sports companies argue that their contests are games of skill developed over time. In addressing the California legislature in mid-December, the Fantasy Sports Association Chairman, Peter Shoenke, argued that since a large percentage of contests are won by a small percentage of the contestants, daily fantasy sports is a skill-based game. “That’s the disparity in any skill-based game. Eventually the good players are going to do better than the not-good players. But you can get better in a skill game. You can learn, you can improve,” Shoenke stated.1 In September 2015, an employee of FanDuel won a large prize from DraftKings. It turned out that employees of both DraftKings and FanDuel had won large prizes from contests put on by their counterparts.2 Many people cried foul – allowing employees of daily fantasy sports sites to play in other contests was akin to allowing insider trading.3 The idea is that an “insider” at a daily fantasy sports company has access to information regarding the public’s perception of sports athletes and game matchups that the public does not have and that, through this information, those “insiders” are able to separate themselves from the general public by picking less popular athletes to make up their teams.

With the spotlight on the industry, several other issues have emerged, including advertising that regular players could win big in the daily contests.

FEATURE ARTICLE Since the questions began in early fall 2015, DraftKings and FanDuel shifted their advertising to a more entertainment-based allure. Before, the advertisements focused on the opportunity for contestants to win big. When the uproar began, many critics pointed out that the contests are primarily won by a small percentage of the players.

That small percentage, according to the critics, is made up of professionals who employ complicated algorithms and place a multitude of entries. From a California perspective, the portrayal of daily fantasy sports as an opportunity for all could be seen as misleading and deceptive.4 As a result and almost overnight, the daily fantasy sports advertising campaigns stopped focusing on winning and instead trumpeted the entertainment value.

In January of this year, the California Assembly voted 68-1 in favor of Assembly Bill 1437. This bill, which is not yet law, attempts to license and regulate daily fantasy sports.5 The bill would add Chapter 4.7 “The Internet Fantasy Sports Games Consumer Protection Act” to the Business & Professions Code and expressly exclude daily fantasy sports from the Penal Code.6 The proposed act would require the daily fantasy sports entities to secure a license, pay a regulatory fee, and ensure that contestants whose age and location cannot be verified be prevented from playing.7 It would also prohibit any prizes from being based on the number of contestants and disallow contestants from opening and operating multiple accounts.8 As of the date of this publication, AB 1437 sits with the state senate pending a vote.

One vocal opponent of daily fantasy sports in California has been Assemblyman Marc Levine of San Rafael. Levine was the lone dissent in the Assembly. During committee hearings on AB 1437, Levine argued that daily fantasy sports is gambling and there-

fore the issue of whether to allow daily fantasy sports play in California must be voted on by the public.9 Yet, that sentiment did not carry the day as lawmakers determined that it was in the public’s best interests to implement AB 1437 now in order to protect the public from the issues which the bill addresses, such as underage play, “insider” play, and marketing of daily fantasy sports.

Two gaming tribes have also expressed their opposition. Wrote one tribal chairman in a letter to AB 1437’s sponsor, Assemblyman Adam Gray (D. Merced), “ … our members are very concerned that a retroactive approval of a form of gaming that is otherwise illegal, simply because it is popular, is a very dangerous precedent.”10 While all of this plays out, the California Attorney General’s office has remained quiet on the daily fantasy sports industry as it continues to investigate the industry. During the debate over AB 1437, Gray noted that the legality of the industry itself is for the courts to determine, but in the meantime the legislature has a duty to protect its constituents.11 That places the Department of Justice (DOJ) in a precarious situation, as AB 1437 requires the DOJ to distribute daily fantasy

sports licenses while it continues to investigate whether daily fantasy sports is unlawful gambling.

Watch for further developments.

It will be interesting to see what California does.

1

Koseff, Alexei. “DraftKings, FanDuel ask California to regulate daily fantasy sports.” The Sacramento Bee, December 16, 2015, http://www.sacbee. com/news/politics-government/capitol-alert/article50170800.html.

2

Drape, Joe. “Scandal Erupts in Unregulated World of Fantasy Sports.” The New York Times, October 5, 2015, http://www.nytimes.com/2015/10/06/sports/ fanduel-draftkings-fantasy-employees-bet-rivals. html.

3

Id.

4

Cal. Bus. & Prof. Code § 17200, et seq.; Cal. Civ. Code § 1770, et seq.

5

Gambling: Internet Fantasy Sports Game Protection Act, Assembly Bill No. 1437, Gray.

6

AB-1437 Gambling: Internet Fantasy Sports Game Protection Act. California Legislative Information, Today’s Law as Amended, https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_ id=201520160AB1437.

7

Id.

8

Id.

9

White, Jeremy. “Daily fantasy sports regulation bill passes California committee.” The Sacramento Bee, January 6, 2016, http://www.sacbee.com/news/politics-government/capitol-alert/article53376325.html.

10 Miller, Jim, “Powerful casino tribes raise concerns with California fantasy sports bill, The Sacramento Bee, February 10, 2016, http://www.sacbee. com/news/politics-government/capitol-alert/article59647811.html.

11

White, Jeremy. “Video: Daily fantasy sports bill passes Assembly in blowout.” The Sacramento Bee, January 27, 2016, http://www.sacbee.com/news/politics-government/capitol-alert/article56870838.html.

www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

27

Caroline Colangelo is

BARRISTERS’ NEWS

Barristers’ Club Update

by Caroline Colangelo

T

he Barristers Club welcomes its new Board of Directors: President, Kevin Davis; Vice President of Programs, Kurt Hendrickson; Executive President, Stephen Duvernay; Treasurer, Megan Sammut; Secretary, Katie Nystrom; Membership Chair, Lauren Calnero; Board Members at Large, CarKevin Davis with his wife, Sarah, and son, Grant oline Colangelo, Connor Olson, Jenni Harmon, Kevin Khasigian, Lauren Foust Sorokolit, Jeffrey Schaff, and Jake Weaver. Davis has J.D. from the University of Califorworked at Boutin Jones since 2007. nia, Davis, in 2007, and obtained his His practice is focused on litigating Bachelor of Arts from Dartmouth Colcomplex business cases in both state lege in 2004, where he double-maand federal court. Davis earned his jored in history and religion. He is

the 2016 Barristers’ Media Chair and an associate at Delfino Madden O’Malley Coyle & Koewler LLP. She can be contacted at ccolangelo@ delfinomadden.com.

the son of Justice Rodney Davis, who served on the Third District Court of Appeal for 20 years from 1989-2009.

Davis brings significant experience to his role as Barristers’ Club President, having served previously in several officer positions on the Board. He is currently a member and officer of the SCBA’s Appellate Law Section and previously served as the President of the River City Food Bank. When taking a break from his law practice, Davis enjoys trying new restaurants with his wife, Sarah, and wrestling with and chasing around his toddler, Grant. He

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29

BOOK REVIEW

Leigh Steinberg (with Michael Arkush) – “The Agent: My 40-Year Career Making Deals and Changing the Game” by Ellen Arabian-Lee

E

veryone loves a good success story. Leigh Steinberg is well known for his successful career as a sports agent, and the inspiration for the movie starring Tom Cruise, “Jerry Maguire.” The phrase “SHOW ME THE MONEY!” has become one of the most famous movie lines in history. Steinberg is a sports attorney who has represented scores of first round draft picks in the NFL, NBA, and major league baseball. His success led to record breaking sports contracts which resulted in his name becoming synonymous with “superagent.”

“The Agent” is an extremely well written memoir which even non-sports minded individuals will enjoy. Steinberg’s personal success story is told with candor. His love of sports and passion for negotiation are evident on every page.

Steinberg is the product of what he calls “progressive” parents. His father was a high school English and social studies teacher and athletic director, and later a vice-principal and principal.

The family of five struggled financially on an educator’s salary, but Steinberg explains that he never felt deprived as a child. The lessons he learned from his father and mother made him who he is today—treasure relationships, especially family, make a meaningful difference in the world, and help peo-

30

ple who cannot help themselves. Steinberg describes his father as eternally optimistic. “‘When you’re looking for someone to solve problems in the world, there is no they,’ he said. ‘The they is you, son.’”

Steinberg’s career success started at U.C. Berkeley. He was elected Stu-

dent Body President as an undergraduate and then Class President at Boalt Hall. As an undergraduate, Steinberg was the dorm “resident assistant” for quarterback Steve Bartkowski. After Steinberg was admitted to the Bar, Bartkowski became his first client—selected by the Atlanta Falcons with the first overall draft pick in the 1975 NFL

SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

Ellen Arabian-Lee is the Associate Editor of Sacramento Lawyer magazine and the President of Arabian-Lee Law Corporation in Roseville. She may be contacted at ellen@arabian-leelaw.com.

Draft (ahead Walter Payton). Thanks to Steinberg’s expert negotiation skills (when he was basically a first year attorney), Bartkowski signed the largest contract in NFL history at the time, which also provided Steinberg with instant notoriety as a sports agent. As a result, Steinberg’s dreams of becoming a public defender never materialized. Instead, he went on to negotiate over $3 billion in contracts for sports superstars including Troy Aikman, Steve Young, and Warren Moon.

Steinberg’s strong desire to “give back” and to make a difference in people’s lives is reflected throughout “The Agent.”

He has worked hard to assist his client-athletes to convey positive messages to society and children. While representing former heavyweight champion, Lennox Lewis, he assisted Lewis in making a public service announcement about domestic violence, stating “Real Men Don’t Hit Women.” Steinberg explains, “every man has women in his life – mother, sister, wife, daughter, lover or friend – and needs to see the danger through their eyes.” Steinberg also helped educate the public about the effect sub-concussive events (“mini-concussions”) have on athletes, and he actively lobbied to ban steroids from athletics.

Like every good success story,

BOOK REVIEW

there is a temporary fall from the top, and subsequent re-birth which makes a person even stronger and more admired than before. In a relatively short period of time, Steinberg’s father passed away, mold was detected in his family home causing his family to become sick, and his marriage fell apart. He had problems with his business partners, resulting in expensive litigation, and he ultimately lost his clients and his money. Steinberg spends little time in the book discussing his addiction to alcohol, but he proudly explains that he has been on the sunny side of the street since March 10, 2010.

He describes a moment of clarity when

“The Agent” is an extremely well written memoir which even non-sports minded individuals will enjoy. he asked himself “was this really my purpose at age 61? To lie in my late father’s old bedroom, drinking vodka like a baby from a giant plastic bottle?”

At 64, Steinberg had to build his sports practice all over again, and he is once again on top of his game, making deals and effectuating change. He explains, “For me, work is a passion, and my belief in making the world a better place is at the core of everything I do.”

Steinberg is currently CEO of Leigh Steinberg Sports and Entertainment. He makes regular media appearances and teaches Sports Agents Academies around the country. As told in “The Agent,” Steinberg’s story leaves the reader cheering for him in the end, and looking forward to Steinberg’s next chapter. www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

31

Operation Protect and Defend, Sacramento County Bar Association and Federal Bar Association Sacramento Chapter Proudly Present Annual Law Day Dinner Celebration 2016 DATE: Thursday, May 12, 2016 • TIME: 5:30 – 8:30 p.m.

PLACE: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento KEYNOTE SPEAKER: California Supreme Court Justice Goodwin Liu Platinum Sponsors

Sacramento Regional Community Foundation Silver Sponsors ABAS and the ABAS Law Foundation Capitol City Trial Lawyers Association Hardy Erich Brown & Wilson Kronick Moskovitz Tiedemann & Girard Lincoln Law School of Sacramento Littler Mendelson P.C. • Nossaman LLP Poswall, White & Brelsford • Seyfarth Shaw LLP University of the Pacific, McGeorge School of Law

Gold Sponsors

Hon. Frank C. Damrell, Jr. (Ret.) JAMS

Bronze Sponsors Atkinson, Andelson, Loya, Ruud & Romo • California Lawyers for the Arts Finnerty Law Offices Inc. • Jacobsen & McElroy PC • Kanter Immigration Law Office Law Office of Joshua Kaizuka • Moseley Collins, III • Parker & Covert, LLP Rothschild Wishek & Sands, LLP UC Davis School of Law • Young, Minney & Corr, LLP • Low McKinley Baleria & Salenko, LLP

Price: $65 per ticket. To reserve your place and/or sponsor a student, please RSVP online at www.OperationProtectAndDefend.com, by mail to Robyn K. Riedel at 7437 S. Land Park Dr., Ste. 138, Sacramento, CA 95831, or by email at opdlawday@gmail.com. All checks should be made payable to “Sacramento Federal Judicial Library & Learning Center Foundation.” No RSVP is finalized without payment. We invite organizations, companies, and individuals to consider sponsoring this wonderful event. Please email us to learn more about our four sponsorship levels.

Name: _________________________________________________ Organization/Company: _______________________________________________________ Phone number: __________________________________________Email: _________________________________________________________ _____________ I wish to purchase: ________________ tickets at ($65 each) and donate ______________ student tickets at ($65 each) TOTAL purchase $ _________________ Attendee Name

Menu Choice (salmon, chicken, or vegetarian)

Attendee Name

Menu Choice (salmon, chicken, or vegetarian)

www.sacbar.org | March/April 2016 | SACRAMENTO LAWYER

33

SACRAMENTO COUNTY BAR ASSOCIATION

2016 MEMBERSHIP APPLICATION

PRACTICE AREAS | Select your Practice Areas (limit three) Administrative Law Alternative Dispute Resolution Animal Law Appellate Banking Bankruptcy Business/Corporate Civil Rights Construction Law Criminal Defense Education Elder Law Employee Benefits Employment & Labor Energy & Natural Resources Entertainment & Sports

Environmental Estate Planning & Probate Family Law Gaming Government & Public Entity Health Care Immigration Insurance Intellectual Property International Land Use/Zoning Landlord/Tenant Legislative & Governmental Affairs Litigation, Administrative Litigation, Business Litigation, Class Action/Mass Tort

Litigation, Construction Litigation, Debt Collection Litigation, Environmental Litigation, Employment Litigation, General Litigation, Personal Injury Litigation, Intellectual Property Litigation, Professional Liability Municipal Law Native American Law Non-profit Organizations Patent Real Estate Social Security Taxation Workers’ Compensation

COMMITTEES | Check to (re)apply Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. Committees develop policy options for the Board and recommend actions for its consideration and approval. The work of SCBA committees is varied and reflects the diverse backgrounds and talents of our members. The primary role of committees is to examine and act upon assigned tasks. The Board relies on committees to inform its decisions, and in some cases, to carry out the mission of the organization. A brief description of each committee follows. Please indicate your interests. Committee appointments are made by the incoming President, although members may be added year around depending on individual committee needs.

Annual Meeting – Organizes the SCBA Annual Meeting.

Bench Bar Reception – Organizes the Bench Bar Reception.

Bylaws – Oversees the bylaws; makes recommendations to the

Pro Bono – Advises the Board about, and operates, the SCBA’s pro bono program.

Board when changes are suggested.

SCBA Delegation – Organizes delegates and SCBA participation at the Conference of California Bar Associations; drafts and reviews resolutions.

MCLE – Oversees and advises the Board about MCLE credit.

Diversity Hiring and Retention – Encourages the hiring and retention of minority legal professionals.

Electronic/Social Media – Oversees and advises the Board about the SCBA’s electronic media.

Fee Arbitration – Arbitrates fee disputes between attorneys and clients.

Sports & Leisure – Annual Golf Tournament, facilitate Softball League, and may create other events.

Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County.

Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public.

Membership – Oversees and advises the Board about member benefits and organizational marketing.

Nominations – Nominates a slate of candidates for election as Board members and recommends SCBA awards recipients.

Sacramento Lawyer Magazine Editorial – Sets policies that

govern the Sacramento Lawyer.

Website – Assists with the SCBA website and its content.

TASK FORCES Mentorship Task Force – Oversees and advises the Board about the SCBA’s mentorship program.

DIVISIONS Barristers’ Division – SCBA members who are attorneys under the age of 36 and have practiced law under 5 years.

Solo/Small Practice Division – SCBA members who are attorneys in their own firm or small firm (four or less).

Movers Division – SCBA members who enjoy running, hiking, biking, or other athletic challenges. The Division will connect Movers with current local events, may organize teams or rideshares for those events, and may plan certain events for SCBA members.

Shakers Division – SCBA members who want to “do good” in the community in a non-legal fashion, such as serving food at a soup kitchen or assisting with food or clothing drives. The Division will connect Shakers with current local opportunities and may organize groups to work at specific events.

Previous Committee/Section participation____________________________________________________________________________________

Remit by mail/email/fax to Sacramento County Bar Association at 425 University Ave., Suite 120, Sacramento, CA 95825 Email: scba@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787

34

SACRAMENTO LAWYER | March/April 2016 | www.sacbar.org

Page 2 of 2

SAVE THE DATE!

DRAFT Join us for the CLA event of the year as we present the

Artistic License Awards

Tuesday, May 17th, 2016 6 – 8 PM (doors open at 5:30)

California Lawyers for the Arts honors civic leaders who have provided stellar support for the arts; as well as others who have mastered their arts in extraordinary ways for our communities.

The 2016 honorees are:

Marcy Friedman Senator Mark Leno Art Luna Senator Jim Nielsen The Sacramento Gay Men's Chorus Ali Youssefi

Please join us at the California Automobile Museum as we celebrate our honorees with a lively evening featuring art, music, wine tastings, a live auction, and hors d’oeuvres.

CLA, a nonprofit, tax-exempt organization, provides legal services, educational programs and advocacy for artists, nonprofit arts organizations and arts businesses, as well as dispute resolution services, including the Sacramento Mediation Center, for the entire Sacramento community.

For sponsorship opportunities and more information, please call (916) 441-7979 x101.

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825

SCBA Annual Meeting Honoring Distinguished Attorney of the Year Justice Arthur Scotland Installing SCBA Officers & Directors Recognizing 100% Firms

DATE Monday December 15, 2014 MCLE Prior to Annual Meeting FREE for SCBA Members $100 for Non-Members 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”

Speaker: Kenneth Bacon of Mastagni Holstedt

TIME 11:30 Check in 12:00 Lunch PLACE Sheraton Grand 1230 J Street

10:30-11:30am

Keynote Speaker: Chief Justice of California

Tani Cantil-Sakauye Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members.

After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825