Santa Clara Law Magazine Spring 2016 by Santa Clara University

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 | s p r i n g 2 0 1 6 | v o l 2 2 n o 2

magazine

Growing Great Ideas At Santa Clara Law’s Entrepreneurs’ Law Clinic, led by Laura Norris J.D. ’97, law students help startup entrepreneurs turn their dreams into reality. Page 10.

6 8 16 22

Alexander Prize Awarded to Maria Foscarinis New Law School Building Design Law Grads in Creative Careers 2016 Celebration of Achievement

F RO M T HE D E A N Dear Friends: magazine

SKIP HORNE Senior Assistant Dean, External Relations Elizabeth Kelley Gillogly b.a. ’93 Editor LARRY SOKOLOFF J.D. ’92 Assistant Editor Michelle Waters Web Designer JOHN DEEVER Copy Editor Amy Kremer Gomersall b.a. ’88 Art in Motion Art Director, Designer Karen Bernosky B.S. ’81 Madeline Fineman Ellen Lynch Jennifer Machado Marjorie Short Law Alumni Relations & Development

Santa Clara University School of Law, one of the nation’s most diverse law schools, is dedicated to educating lawyers who lead with a commitment to excellence, ethics, and social justice. Santa Clara Law offers students an academically rigorous program including certificates in high tech law, international law, public interest and social justice law, and privacy law, as well as numerous graduate and joint degree options. Located in the heart of Silicon Valley, Santa Clara Law is nationally distinguished for its faculty engagement, preparation for practice, and top-ranked programs in intellectual property. For more information, see law.scu.edu. If you have any questions or comments, please contact the Law Alumni Office by phone at 408-551-1748; email lawalumni@scu.edu or visit law.scu.edu/alumni. Or write Law Alumni Relations & Development, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. The diverse opinions expressed in Santa Clara Law magazine do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2016 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.

law.scu.edu/sclaw Santa Clara Law is printed on paper and at a printing facility certified by Rainforest Alliance to Forest Stewardship Council® (FSC®) standards. From forest management to paper production to printing, FSC certification represents the highest social and environmental standards. The paper contains 10 percent postconsumer recovered fiber. AIM 04/16 11,500

e continue to make great progress with the planning and design of our new facility, Charney Hall. As the result of an architectural competition—the first of its kind at Santa Clara University—we now have renderings of our new building showing its integration of modern design and Santa Clara’s mission heritage (see page 8). Our prime location at the entrance to Palm Drive ensures that Charney Hall will serve as a gateway to our beautiful campus for decades to come. The School hosted five major events within three weeks this spring. Our Justice for All awards dinner, benefitting the Northern California Innocence Project, kicked things off on March 17 with Making a Murderer defense attorney Dean Strang accepting NCIP’s Champion of Justice Award. Two nights later, we held our Celebration of Achievement awards dinner, honoring a distinguished group of alumni and friends (see page 22). On March 21, we awarded the Katharine & George Alexander Law Prize to Maria Foscarinis, founder and executive director of the National Law Center on Homelessness & Poverty, for her tireless work to end homelessness in America (see page 6). In early April, I was honored to join a small group of Santa Clara Law alumni and friends as we were sworn in before the Supreme Court of the United States. I am grateful to U.S. Assistant Attorney General John Cruden J.D. ’74, who served as our movant and Colette Rausch J.D. ’90, author of Speaking Their Peace: Personal Stories from the Frontlines of War and Peace, who was our luncheon speaker. Finally, we held our 12th Annual Diversity Gala on April 7, a very special evening of celebration and networking for students, faculty, staff, alumni, and employers. We recognized The Honorable Paul Singh Grewal and Salesforce for their achievements in fostering a diverse and inclusive legal profession and championing the rights of the underrepresented in society. In the last few issues, we have profiled some of our most inspired and successful Santa Clara Law alumni across a number of practice areas and locations. In this issue, we are proud to highlight our Entrepreneurs’ Law Clinic and its founder and director, Laura Norris J.D. ’97 (see page 10). We also take a deep dive into the creative arts to profile graduates who are making a difference in fields such as music, theater, and nonprofit management— some are using their law degrees directly and others are taking advantage of the skills that they earned while pursuing their J.D. degrees (see page 16). You may be surprised to learn that we have a special relationship with Disney (see page 20), including alumni serving in a number of areas. To test your skills of observation, we’ve included what Disney insiders like to call a “hidden Mickey” in this issue. When you find it, please let us know by sending an email to lawalumni@scu.edu with its exact location. The first five correct respondents will win a prize and a shout-out in the next issue of the magazine! God bless,

A Lisa Kloppenberg Dean & Professor of Law Santa Clara Law

s p r i n g 2016 | vo l 2 2 n o 2

CONTENTS

Joanne H. le e

FEATURES

Breaking Ground on a New Home

Creative Careers

By MATTHEW HALL

By SUSAN VOGEL

Santa Clara Law’s new facility will have a stunning design and a perfect location, next door to the Leavey School of Business.

Meet three Santa Clara Law alumni who apply their legal education to creative careers.

Growing Great Ideas By SUSAN VOGEL

At Santa Clara Law’s Entrepreneurs’ Law Clinic, led by Laura Norris J.D. ’97, law students help startup entrepreneurs turn their dreams into reality.

2016 Celebration of Achievement In March, Santa Clara Law alumni, faculty, students, and friends gathered at the Fairmont Hotel in San Jose to honor individuals who have made a difference for Santa Clara Law and the greater legal community. DEPARTMENTS 2 Law Briefs 26 class action

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31 ALUMNI EVENTS

Visit us online for links to additional content, including the very latest news about our faculty, students, and alumni. Our magazine website also makes it easy to share articles from this issue (or previous issues) with friends and colleagues.

32 CLOSING ARGUMENTS

law.scu.edu/sclaw

Above: This past October, just a few months before his death, Associate Justice Antonin Scalia spoke to a sold-out crowd in SCU’s Recital Hall in a presentation moderated by Brad Joondeph, Associate Dean for Academic Affairs and Inez Mabie Distinguished Professor of Law. Photo by Joanne H. Lee. Cover photo by Joanne H. Lee.

LAW B RIE F S

High Tech Law Institute Recognized as a “Legal Innovator”

Moss-West to Head Alexander Center

JOHN J. FLOOD

Participants in Santa Clara Law’s inaugural In-House Counsel Institute in January.

he High Tech Law Institute at Santa Clara University has been named as a Legal Innovator by the legal publication The Recorder for its commitment to preparing law graduates to work in the local and national technology community. The Institute has launched cutting-edge programs such as the Entrepreneurs’ Law Clinic led by Assistant Professor Laura Norris J.D. ’97, and the Privacy Law Certificate program led by Professor Eric Goldman. SCU recently hosted the first hearing of the Patent Trial and Appeal Board outside of Washington, D.C., strengthening the connection between the local intellectual property (IP) community and the new Silicon Valley U.S. Patent & Trademark Office. Santa Clara Law has been center stage on national IP law matters. Associate Professor Colleen Chien returns this spring from her appointment as advisor to the White House on IP policy to teach international IP law to Santa Clara’s law students. The Institute also hosts a variety of cutting-edge events, such as a February talk by Dr. Edward Kwakwa, legal counsel for the World Intellectual Property Organization (WIPO), and the four-day In-House Counsel Institute, held in January. Championed by Sandee Magliozzi, associate dean for experiential education and clinical professor, and directed by Tom Lavelle J.D. ’76—a high tech veteran with experience at Rambus, Xilinx, Next Computer, and Intel—the Institute featured a faculty of legal thought leaders from several prominent tech companies and law firms to help attendees hone their skills. Valued at more than $2,500, the In-House Counsel Institute program was offered to qualified candidates free of charge, including tuition, course materials, and meals. “The High Tech Law Institute embraces the entrepreneurial spirit of the surrounding Silicon Valley community,” said Brian Love, its co-director and assistant professor of law. “We are continuously looking for new opportunities to better prepare students for the high tech law jobs of the future.”

More info: law.scu.edu/high-tech 2 santa clara law | SPRING 2016

n January, Deborah Moss-West J.D. ’94 was named executive director of the Katharine & George Alexander Community Law Center. “We are very proud that she is a Santa Clara Law alumna, making her involvement with our students and clinic especially inspirational,” said Dean Lisa Kloppenberg. Moss-West most recently served as director of the Center for Social Justice and Public Service, where she expanded the Law School’s pro bono programs, launched the Marshall-Brennan initiative (and other pipeline programs), pioneered (with Professor Stephanie Wildman) an undergraduate law and social justice class and pathway, and has been integral to building the Center and its reputation in the lawyering community. MossWest served for eight years as deputy director of the East Bay Community Law Center, a clinical program of Berkeley Law. “She is an incredible ambassador for us externally, serving on the State Bar’s Access to Justice Deborah Moss-West J.D. ’94 Commission and the Charles Houston Bar Association, where she received the President’s Award in December 2015,” said Kloppenberg. Professor Margalynne Armstrong is serving as interim director of the Center for Social Justice and Public Service while continuing in her role as academic director of the Center. For more than 10 years, Armstrong has managed the Center’s academic programming, including the public interest and social justice law certificate. “The Center and law school community are quite fortunate to have her leadership and devotion to working with the students interested in social justice issues,” said Kloppenberg. More info: law.scu.edu/kgaclc

Human Rights Attorney Hadar Harris Is New NCIP Executive Director

GREG PIO

uman rights attorney Hadar Harris has been appointed executive director of the Northern California Innocence Project (NCIP) at Santa Clara Law. She joins NCIP after serving 13 years as executive Hadar Harris director of the Center for Human Rights & Humanitarian Law at American University Washington College of Law (AU) in Washington, D.C. Harris has a proven record as an institution builder, collaborative leader, and strategic thinker. During her tenure at AU, she raised over $5 million in new funding for the Center, and created numerous new programmatic initiatives focused on an array of issues including a groundbreaking program on human rights in the United States, a project on human rights of persons with disabilities, and the Anti-Torture Initiative. “We are delighted to welcome Hadar Harris to the Santa Clara Law community,” said Dean Lisa Kloppenberg. “We look forward to benefitting from her deep background in human rights and advocacy as she leads one of Santa Clara Law’s outstanding and effective clinicaleducation programs.” Harris, who holds a B.A. in political science from Brown University and a J.D. from the University of California, Los Angeles, has also served as executive director of the Congressional Human Rights Caucus, a bipartisan legislative service organization of the U.S. House of Representatives. She worked previously as director of program and resource development for the Association of Civil Rights in Israel. As a human rights attorney, Harris has worked with governments and nongovernmental organizations in more than 25 countries including India, Morocco, Botswana, Qatar, Azerbaijan, Lao PDR, Armenia, Swaziland, and Kosovo.

Larry Pohlschneider (third from left), surrounded by his legal team (left to right, Linda Starr, Maitreya Badami, and Thom Seaton), on the day the Tehama County Superior Court overturned his conviction and dismissed his case. The following month, after a three day hearing, the judge found that Mr. Pohlschneider was factually innocent of the charges, and that finding enables him to apply for compensation for the 15 years he spent in prison.

NCIP Exoneration

he Tehama County Superior Court in Northern California has overturned the wrongful conviction of Larry Pohlschneider, a client of Santa Clara University School of Law’s Northern California Innocence Project (NCIP), after nearly 15 years of wrongful imprisonment for child molestation charges based on flawed medical evidence. The October 7 decision marks the 18th victory for the NCIP since its inception in 2001. Attorneys for Pohlschneider, 46, and the Tehama County District Attorney agreed that his 2000 conviction should be vacated and the charges dismissed due to the ineffective assistance of Pohlschneider’s trial counsel. The actual perpetrator has pleaded guilty and been imprisoned. NCIP Assistant Legal Director Maitreya Badami, Pohlschneider’s lead attorney, commended the Tehama County District Attorney’s Office for its willingness to look at this case with fresh eyes when presented with evidence from NCIP’s investigation. “Without the District Attorney’s fairness and cooperation, Mr. Pohlschneider’s unjust incarceration might have been even more prolonged,” said Badami. “The failure of Mr. Pohlschneider’s trial attorney to investigate and challenge the medical evidence resulted in an untrustworthy verdict and his wrongful imprisonment.” “Today marks the first step toward freedom and complete vindication for Mr. Pohlschneider,” said NCIP volunteer attorney Thom Seaton of the Law Offices of Thomas Seaton in Berkeley, CA. “An innocent man was pulled into a child-molestation case because of junk science which led police wrongly to focus on him as an additional perpetrator—despite the fact that the true, sole perpetrator, Albert Harris, had been charged, confessed, and ultimately pled guilty to the crime.” Tragically, junk science passing as expert testimony is a contributing factor in 22 percent of wrongful convictions, noted NCIP Legal Director Linda Starr. “NCIP is actively working to free innocent people and establish policies to prevent wrongful convictions like Larry’s,” Starr said.

More info: law.scu.edu/ncip SPRING 2016 | santa clara law

LAW BRIEFS

Notable Visitors Give Talks on Privacy, SCOTUS, and the Catholic Conscience

joa n n e h . l ee

One of the final addresses of Associate Justice Antonin Scalia’s lifetime, to a packed house at Santa Clara University in October.

Scalia Visits Santa Clara Law

fter Supreme Court Justice Antonin Scalia’s death in February, Adam Liptak wrote in the New York Times that Scalia’s “transformative legal theories, vivid writing, and outsize personality made him a leader of a conservative intellectual renaissance in his three decades on the Supreme Court.” Last October, Santa Clara Law hosted a historic visit by Justice Scalia, during which he spoke to a full house in SCU’s Recital Hall. Scalia, 79, who was appointed by President Ronald Reagan in 1986, had ties to SCU that may not be widely known, but were deeply rooted—one of Scalia’s sons, John F. Scalia B.A. ’87, graduated from SCU and was later married in the Mission Santa Clara chapel. At the SCU event, Bradley Joondeph, associate dean for academic affairs and Inez Mabie distinguished professor of law, led the on-stage conversation with Scalia. The Justice had a message for attendees: “The whole time I have been on my court, it has been a liberal court,” he said. Lindsey Kearney 3L, associate editor of The Advocate, the SCU law student newspaper, covered the event. “When asked to share his favorite opinion, Scalia surprised some by [naming] Justice Robert Jackson’s dissent in Korematsu v. United States,” wrote Kearney. “He told the Santa Clara audience that he admired Jackson’s opinion because of his writing style, and because Jackson had become a lawyer, and later a justice, without ever attending law school. Speaking to the wartime internment of Japanese-Americans, Scalia said, ‘It was nice to know that at least somebody on the court realized that that was wrong.’” The event was covered in the San Jose Mercury News and on SFGate.com. Santa Clara Law Professors Margaret Russell and David Sloss have both written editorials exploring the legal and political issues surrounding Scalia’s replacement. Visit law.scu.edu for a link. 4 santa clara law | SPRING 2016

n addition to Justice Scalia, other notable visitors last fall included Erwin Chemerinsky, dean of the U.C. Irvine School of Law and a renowned expert on constitutional law, federal practice, civil rights and liberties, and appellate litigation. Dean Lisa Kloppenberg introduced her former constitutional law professor, who gave a detailed lecture, without notes or presentation aids, on key issues in the Supreme Court. Chemerinsky previously taught at Duke Law School for four years, during which he won the Duke University Scholar-Teacher of the Year Award in 2006. Before that, he taught for 21 years at the University of Southern California School of Law. Also last fall, Santa Clara Law hosted Congresswoman Zoe Lofgren J.D. ’75 (D-San Jose), who has been a member of the U.S. House of Representatives since 1995 and has done extensive work in privacy and immigration legislation. She told faculty and students that “privacy in the digital age [has resulted in a] situation where the laws that have regulated digital privacy are either misconstrued, poorly understood, or in some cases written so far in advance of the Internet as we know it today, that privacy of the individuals is not adequately protected.” In February, The Honorable Leo Strine, chief justice of the Delaware Supreme Court, gave a lecture on criminal justice and the Catholic conscience that was co-sponsored by Santa Clara Law and the Markkula Center for Applied Ethics. Strine was sworn in on February 28, 2014, having previously served as the chancellor of the Court of Chancery since June 2011, and as vice chancellor since 1998. He has longstanding positions as the Austin Wakeman Scott Lecturer in Law at Harvard Law School, senior fellow at the Harvard Program of Corporate Governance, and adjunct professor of law at the University of Pennsylvania and Vanderbilt University Law Schools.

Dean’s Circle Reception

Two Speakers at Law Commencement

n May, Santa Clara Law will celebrate its 2016 commencement with two speakers, Judge Lucy Haeran Koh and her husband, Justice Mariano-Florentino Cuéllar.

At the annual Dean’s Circle Reception in November, guests were invited to attend a special evening in the Adobe Lodge to hear stories from donors and students on the impact of scholarships at Santa Clara Law. Enjoying a conversation on the porch were (left to right) The Honorable Zoe Lofgren J.D. ’75, The Honorable James Emerson J.D. ’73, The Honorable John Herlihy, Jonathan Joannides J.D. ’16, and The Honorable Edward A. Panelli B.S. ’53, J.D. ’55. Honorable Lucy H. Koh Honorable MarianoFlorentino Cuéllar

The Honorable Lucy H. Koh is a district judge on the United States District Court for the Northern District of California, appointed by President Obama in 2010. Governor Schwarzenegger appointed her to the California Superior Court for the County of Santa Clara in January 2008. She is the first Asian American U.S. district court judge in the Northern District of California, the first district court judge of Korean descent in the United States, the first female Korean American Article III judge, and the second Korean American federal judge, after Herbert Choy of the Ninth Circuit. Koh was recently nominated by President Obama to serve as a judge of the U.S. Court of Appeals for the Ninth Circuit. The Honorable Mariano-Florentino Cuéllar is an associate justice of the Supreme Court of California and a former official in the Clinton and Obama administrations. He is an expert in administrative law, criminal law, international law, public organizations, and the law of public health and safety. He was previously the Stanley Morrison Professor of Law at Stanford Law School, director of Stanford’s Freeman Spogli Institute for International Studies, and co-director of Stanford’s Center for International Security and Cooperation. “Both are powerful forces in the legal community and each have compelling backgrounds from struggling immigrant families,” said Dean Lisa Kloppenberg. More info: law.scu.edu/commencement

Celebrating 10 Years of Panetta Fellows

reated 10 years ago, the Panetta Fellows Program at Santa Clara Law aims to teach policy research with the objective of inspiring law students to pursue careers in public service. Law students work with the staff and attorneys at the Leon and Sylvia Panetta Institute, founded in 1997 by Leon Panetta B.A. ’60, J.D. ’63, former U.S. Secretary of Defense and CIA director, and his wife, Sylvia, co-chair of the Institute. Fellows complete 140 hours at the Institute, so the 56 Santa Clara Law participants have contributed more than 7,800 hours of service and learning over the past decade. “We are so proud of our partnership with the Panetta Institute,” “In the spirit of Santa Clara said Dean Lisa Kloppenberg. “We University, these students feel fortunate that our students have are learning how to be great the opportunity to learn and serve in this leading institute created by one of public servants as well as great lawyers.” our most outstanding alumni, Leon Panetta, and his wife, Sylvia.” —Leon Panetta B.A. ’60, J.D. ’63 Holly Lillis 3L, a 2016 Panetta Fellow, says, “I am profoundly grateful for the opportunity to be challenged and inspired by these leaders, and to participate in projects that make a true and lasting impact.” “We at the Panetta Institute are extremely proud of the Fellows Program that we established with the Santa Clara University School of Law,” said Leon Panetta. “This program gives law students the opportunity to research and learn public policy issues and understand how policy is developed in our democracy. For example, during these past two semesters the fellows have been working on a comprehensive report on national service. This project lays the ground work for an important effort by the Panetta Institute to encourage public service in our communities and our country. In the spirit of Santa Clara University, these students are learning how to be great public servants as well as great lawyers.”

More info: panettainstitute.org See the back cover for a portrait of the 2016 Panetta Fellows. SPRING 2016 | santa clara law

LAW BRIEFS

2016 Alexander Law Prize Awarded to Foscarinis

6 santa clara law | SPRING 2016

The Huffington Post. Foscarinis earned her undergraduate degree in philosophy from Barnard College; an M.A. in philosophy from Columbia University; and a law degree from Columbia Law School. “I am humbled and thankful to the Alexander family for this award,” said Foscarinis. “This work started for me when I was a child, hearing stories of how my family suffered during the German occupation of Greece. It created a drive inside me to ensure no one should suffer homelessness or such extreme vulnerability,” she added. The first Katharine & George Alexander Law Prize was presented in March 2008 and has been awarded annually thereafter. This award has been made possible through the generosity of Katharine and George Alexander to bring recognition to legal advocates who have dedicated their legal careers to help alleviate injustice and inequity. The hope is that recognition of such individuals will improve the image of lawyers around the world. The honoree receives a substantial cash award to be used as she or he chooses. Foscarinis’ visit to campus included speaking to students in Professor David Sloss’ Property Law class, attending a panel on Bay Area homeless issues, and touring and visiting the Northern California Innocence Project and the Katharine & George Alexander Community Law Center. Katharine V. Alexander practiced law for 25 years as a public defender ADAM H AY S

n March, the 2016 Katharine & George Alexander Law Prize was awarded to Maria Foscarinis, founder and executive director of the National Law Center on Homelessness & Poverty, the only national organization that uses the power of the law to end and prevent homelessness in America. “Maria Foscarinis is a shining example of what can be accomplished when someone with formidable talent and drive decides to put those gifts to use on behalf of those who might otherwise be invisible,” said Dean Lisa Kloppenberg. “We are very pleased to honor her decades of work for the homeless.” Foscarinis has sought solutions to homelessness at the national level since 1985, when she left her career at a major law firm, Sullivan & Cromwell, to become an advocate for homeless people. She is a primary architect of the Stewart B. McKinney Homeless Assistance Act, the first major federal legislation addressing homelessness. She has led numerous subsequent and cutting-edge initiatives to prevent and end homelessness, including protecting housing rights for domestic violence survivors and education rights for homeless children; increasing housing resources through vacant properties; and countering the criminalization of homelessness and poverty. She has initiated and helped lead a national campaign to secure the human right to housing in the U.S., developed an initiative to protect tenants in the current foreclosure crisis, and advocated for and helped shape the federal plan to end and prevent homelessness. Foscarinis has led successful litigation to secure the legal rights of homeless persons, and writes regularly about legal and policy issues affecting homeless and poor persons. Foscarinis is an internationally known advocate and expert who is frequently quoted in the media, including the New York Times, Washington Post, USA Today, and

The 2016 Alexander Law Prize honored Maria Foscarinis, international advocate on behalf of the homeless and an expert on legal remedies to assist them.

for Santa Clara County and taught law courses for several years at San Jose State University. The late George J. Alexander served as professor of law at Santa Clara University for 34 years and as dean of the Law School for 15 years. Both Katharine and George have dedicated their lives to instilling in students and lawyers a commitment to justice. Their service to humanity serves as a model for other lawyers, and they created the Alexander Prize to inspire future lawyers to fight injustice. To see a list of past recipients and how to nominate a future recipient, see law.scu.edu/alexanderprize.

BY THE NUMBERS: CENTERS AND CLINICS 2014-15 HIGHLIGHTS

719 47

Clients served by the Katharine & George Alexander Community Law Center.

law students who received summer

grants through the Center for Social Justice and Public Service.

4,444 Hours volunteered by students and faculty attorneys in the Northern California Innocence Project.

$3.9

million Approximate value of legal services provided by all Santa Clara Law clinics.

100+ attorneys who earned free CLE credit at High Tech Law Institute events.

3,300 Hours worked by 16 students in the International Human Rights Clinic. Students worked on seven human rights cases and projects that addressed issues such as racial discrimination in the Dominican Republic; inclusive education for children with special needs in Puerto Rico; violence against women in the Americas; and more.

Startup clients served by the Entrepreneurs’ Law Clinic (See page 10.)

42,000+ Service hours logged by students working in Santa Clara Law’s five clinics providing legal services to the community.

SPRING 2016 | santa clara law

by matthew hall

Breaking Ground on a new Home A Stunning Design and Location for Santa Clara Law’s New Facility

I LLU ST R ATIO NS B Y S O LO M O N CO R D WELL B UEN Z

anta Clara Law has broken ground on its new home, a striking, 96,000-square-foot new building at the entrance to campus, across from the newly renovated Stevens Stadium and Buck Shaw Field. One of the cornerstones of SCU’s current strategic plan, the building will be named in honor of tech-company founder and Santa Clara Law graduate Howard Charney and his wife, Alida Schoolmaster Charney, who donated the foundational $10 million to build the technologically advanced building. “Alida and I view Santa Clara Law as a source of pride for our University,” said Howard Charney MBA ’73, J.D. ’77. “But, the nature of legal education has changed over the years, and the home for our Law School has become tattered. It is our desire to move our legal platform into the 21st century and to do so in 8 santa clara law | spring 2016

a new home that will attract the very best faculty and students. Santa Clara University is fortunate to be located in the most innovative place on the planet, and our new Law School will be a center for the next generation of legal education.” “Santa Clara has embarked on a transformative phase in its growth as a University, and the new Law School building is going to be one of the most visible manifestations of that future,” said Michael Hindery, Santa Clara’s vice president for finance and administration. “To honor that fact, we wanted to generate fresh ideas for the building from some of the Bay Area’s most innovative design firms.” In that spirit, SCU this year sponsored its first-ever architectural design competition, inviting four Bay Area-based firms to each create a

conceptual vision for the building, which is expected to be operational by the 2017-18 academic year. None of the designs was ever intended to be final, said Hindery, but rather were solicited to provoke broader campus-wide discussion and initiate the ultimate design process. The competition asked the firms to spend 30 days to design renderings and models of a new building. Four architecture firms presented in May 2015: CannonDesign, Form4 Architecture, Solomon Cordwell Buenz (SCB), and WRNS Studio. The 12-member jury committee was delighted with the vast diversity of ideas submitted. Each of the firms in the competition spoke of the exciting challenge of honoring Santa Clara’s historical Mission architecture—thick masonry, stucco-covered walls, small covered lobbies and walkway openings,

Charney Hall, Southwest View

Charney Hall Atrium

linear shape, red clay roofs, and relatively modest-sized buildings—while also reflecting the modernity of the education being imparted to its inhabitants. They also strove to honor and incorporate the “third Mission site,” the historic spot in front of the new building where the Mission Church stood from 1784 to 1818 until demolished by an earthquake. “The variety and creativity of approaches taken by each of these talented firms was a joy to witness, and gave us valuable new insights into how our school can connect with our creative campus and Silicon Valley,” said Dean Lisa Kloppenberg. The entry that won over Kloppenberg and the other jury members was submitted by SCB, which has designed 14 buildings for Loyola University in Chicago and whose principals helped author SCU’s previous

Eastern Elevation of Charney Hall from Palm Drive

“Alida and I view Santa Clara Law as a source of pride for our University. But, the nature of legal education has changed over the years, and the home for our Law School has become tattered. It is our desire to move our legal platform into the 21st century and to do so in a new home that will attract the very best faculty and students. Santa Clara University is fortunate to be located in the most innovative place on the planet, and our new Law School will be a center for the next generation of legal education.” —Howard Charney MBA ’73, J.D. ’77

campus master plan in 2005. After dozens of meetings to allow review by numerous groups on campus—including the facilities subcommittee of the Board of Trustees, the Law School community and trustee subcommittee, friends of the University, regents, and senior administrators —the original design was changed notably to pay greater homage to Santa Clara’s Mission heritage, said Hindery. “While the SCB jury submission was exciting and modern, we are very

cognizant of our commitment to honoring our heritage and the need to stay congruous with the overall campus environment,” said Hindery. “The new building meets both our goals of a forward-leaning design and honoring the sense of what makes Santa Clara University so special. The first impression is a distinctly Mission style, while conveying the contemporary context and ambition of the Law School,” he added.

spring 2016 | santa clara law

Laura Norris J.D. ’97 had worked as both an engineer and a lawyer in Silicon Valley before she joined Santa Clara University School of Law’s Entrepreneurs’ Law Clinic in April 2013 as its founding director. She has a contagious enthusiasm for startups.

GROWING GREAT IDEAS At Santa Clara Law’s Entrepreneurs’ Law Clinic, law students help startup entrepreneurs turn their dreams into reality.

BY SUSAN VOGEL | PHOTOS BY JOANNE H. LEE

What do BBQ restaurants, electric car charging stations, and gluten-free bakeries have in common? All have been clients of Santa Clara Law’s Entrepreneurs’ Law Clinic (ELC), where students help startup entrepreneurs turn their dreams into reality. Since its inception in 2013, more than 78 students have served 70 clients, providing 5,500 pro bono hours, worth $550,000 (assuming the bargain rate of $100/hour) on everything from articles of incorporation to hiring employees to software licensing agreements. The students gain valuable experiences, positioning them for important roles in the legal, business, and nonprofit communities of Silicon Valley and beyond. Clients see their dreams take flight. Beginnings Santa Clara Law’s clinics give students hands-on experience and a competitive edge in social justice law, human rights, consumer law, and immigration. But what about technology students or students looking for experience in the transactional work that is so important in the Valley? The ELC was founded to serve these students as well as the many startups that spring from the University’s dynamic combination of intellect, compassion, creativity, and innovation. Eric Goldman, director of the Law School’s High Tech Law Institute, says, “For many years, we knew that Santa Clara Law needed to offer some type of on-campus experiential learning opportunity for our technology law students, but we weren’t sure which type. While consulting with various constituents, we heard over and over again that the Santa Clara University ecosystem was filled with great entrepreneurs pursuing startups, and an on-campus clinic could help increase the odds of success for those entrepreneurs. Thus, the clinic serves the dual needs of having students learn by doing and turbocharging the SCU community as a platform for successful entrepreneurship.” Clients with fascinating projects were just steps away.

SPRING 2016 | santa clara law

2014-15 ELC STATS

58 Number of startup clients served by the ELC

4,200 Number of pro bono hours of legal services provided by students

$420,000 Approximate market value of free legal services provided by the ELC

Starting Up Laura Norris J.D. ’97 had worked as both an engineer and a lawyer in Silicon Valley before she joined the ELC in April 2013 as its founding director. She has a contagious enthusiasm for startups. She attended Santa Clara Law’s night program while still an engineer and patent agent at Intel. After law school, she first became an associate IP litigation attorney at Arnold White & Durkee, then later Cypress Semiconductor’s first vice president of legal affairs. In 2006, she opened a solo practice and represented more than 50 startups over seven years. When she got word of ELC, she “was at a point where I wanted to do something different, and this opportunity looked so exciting—right in my sweet spot. I could keep working with startups and pursue my passion to pass on what I have learned to the next generation. And at my alma mater. I loved Santa Clara Law, and so this was a perfect fit.” Norris designed the program in consultation with the High Tech Law Institute. She retained talented attorneys as adjuncts to teach in the clinic and supervise students. Launching Projects Professor Jonathan LaRiviere and Ralph Till needed help launching Scoot Science. Their idea was simple: “Ships cannot deploy sensors in rough seas, satellites focus on the ocean’s surface, and buoys are stationary. The result is that much of the ocean is largely unknown, despite its economic and scientific importance.” But they needed help understanding the legal issues of launching their robots into Monterey Bay to explore the sea and collect critical data. LaRiviere and Till knew the ocean—LaRiviere teaches Geographic Information Systems and Introduction to Earth Systems in Santa Clara University’s Environmental Science and Studies department as an adjunct lecturer. Till is a specialist in environmental toxicology at UC Santa Cruz and has a background as a trace metals chemist and oceanographer. What they didn’t know about was the entity formation, maritime restrictions, and management of intellectual property (IP). They learned about the clinic through the Leavey School of Business’s CAPE program (the California Program for Entrepreneurship). “As soon as Laura Norris and Dan Aguiar explained the Entrepreneurs’ Law Clinic,” says LaRiviere, “we signed up.”

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In High Demand Arriving at ELC from a completely different direction, Sri Lekha had no experience with SCU when she learned about the clinic through LinkedIn. She had a new idea, K12Nest—an online portfolio where educators can store, share, and get feedback on their lesson plans, curricula, and projects. Students can preserve their experiences, progress, and work via an electronic portfolio shared with teachers and family rather than in a box under their beds. Lekha, who has MS degrees in biochemistry and curriculum development, is an expert in education and technology. K12Nest, an internetbased startup needing a terms-and-services agreement and help with proofing incorporation paperwork, was an ideal client for the clinic. About twice as many clients apply as the number the clinic is able to serve. Consistent with national guidelines, Norris keeps the class small—12 to 15 students—and introduces a wide range of legal topics about startups. The clinic gives preference to “any company connected with a program of Santa Clara University or with one of its students or alums as a founder,” says Norris. It accepts clients not affiliated with SCU if “we happen to have an opening or the project is particularly compelling, meaning it will provide the students a unique learning opportunity,” she says. Thirty-five to 40 applicants annually come from the Business School’s CAPE program— a business accelerator that hosts startups for a boot camp, says Norris. “The School of Engineering and the Miller Center for Social Entrepreneurship bring another dozen or so.” Dean Lisa Kloppenberg is proud of the many collaborations inspired by the program. “This is an example of Santa Clara Law, the Business School, and the Engineering School working together to advance innovation,” she says. The startups accepted to the ELC range from a global social benefit organization distributing small solar lamps to women in Africa, to a company placing solar charging stations for electric cars in remote locations, and even a barbeque restaurant in San Jose wanting to start a food truck. The legal work the startups need ranges from investor agreements (the food truck) to image licensing, due diligence, LLC incorporation, operating agreements, and privacy compliance policies.

The ELC receives many more student applicants than it can accept. Many are pursuing careers in tech or joint JD/MBAs. Most want to do transactional work and are looking for hands-on experience.

Getting into the Groove Likewise, the ELC also receives many more student applicants than it can accept. Many are pursuing careers in tech or joint JD/MBAs. Most want to do transactional work and are looking for hands-on experience. To allow as many students as possible to participate, Norris will choose 3Ls in their last semester over others. Eugenia Buzogly J.D. ’15 had had two “just okay” experiences with startups when she applied. She wanted to see if working with “real clients” would get her excited about startup corporate law. With a degree in political economy from UC Berkeley, she was completing her High Tech Certificate with Corporate Specialization. Azadeh Morrison J.D. ’16, who holds a B.S. and M.S. in chemical engineering, also signed up to get hands-on experience with startups. “I learn best by doing,” she says. Crash Course Before the students are turned loose with clients, they receive three to four weeks of classroom training with Norris and the adjunct professors— Tom Lavelle J.D. ’76, Barbara Krause, and Quentin Cooper J.D. ’97, MBA ’98. First, the professors survey the students’ experiences to date. “We talk about effective and ineffective teams they have been on before, and try to get insight from them as to their work

habits so we can pair them effectively,” says Norris. Then they are assigned to teams of two with each “jointly and severally” responsible for two clients, she says. Once a week, students attend a practical skills session on a substantive area of the law— contracts and employment law for example— learning how to apply it on behalf of their clients. Buzogly found “every class slightly different, which always kept them dynamic. Sometimes we talked about contract drafting; sometimes we practiced how to write memos for the business people (not an easy task for the law students so used to speaking legalese!); some classes talked about privacy issues; and some classes discussed common employment law topics. [Beyond] getting the laws and the basic framework of the issues, we also got to learn about their implications [for] the business and how to effectively communicate them to the client.” To Morrison, the classes felt like “a crash course in all legal issues that startup businesses may face.” Guest speakers share their real-life Silicon Valley wisdom. Morrison’s favorite guest was the founder of Roominate, a designer and manufacturer of toys for girls. “She is such an inspiring young entrepreneur and spoke with us candidly about her and her partner’s experience in starting and growing a new business in Silicon Valley.”

Dean Lisa Kloppenberg is proud of the many collaborations inspired by the program. “This is an example of Santa Clara Law, the Business School, and the Engineering School working together to advance innovation,” she says.

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“Our clients were inspiring, energetic, determined, and fearless. They were also confused, extremely busy, and entirely unaware of the legal consequences of their business decisions.” —Azadeh Morrison J.D. ’16

Face to Face After training, the student teams jump in with clients at the ELC meeting room. Over a semester, students typically will meet with clients for five to ten hours, sometimes via email, putting in roughly 75 to 100 hours on the projects. That’s where Morrison found the real experience assisting startup clients that she had sought. “I got exactly that!” she says, about helping one client select and form a business entity and another draft terms-of-service and privacy policies for its website. “Our clients were inspiring, energetic, determined, and fearless. They were also confused, extremely busy, and entirely unaware of the legal consequences of their business decisions,” she says. Buzogly drafted a contracts playbook and an LLC operations agreement. She helped a nonprofit client with “an interesting Creative Commons licensing issue” and took on a due diligence project for a Mexican company with many documents in Spanish, which allowed her to practice her Spanish. Another project involved HIPAA compliance. “As a privacy geek I could not bypass this opportunity,” she says. After consulting with clients, students meet for “case rounds,” whereby the student teams present on the statuses of their cases and discuss issues with the rest of the class for “mind share,” says Norris. Based on the experiences they report, Norris engages them in exercises to develop skills to help surmount obstacles. Says Buzogly, “I will never forget how Professor Norris taught us to switch the ‘Yes, but…’ to the ‘Yes, and…’ during our ‘Don’t Kill the Deal’ exercise. I can’t tell you how much this comes up in my daily practice.” Professionalism Plus Enthusiasm Client response to the program has been tremendous. LaRiviere says, “The ELC students helped us to move forward with our venture in critical ways that we wouldn’t have been able to without their help. As a new venture, our resources are extremely limited, but with ELC help we were able to tackle problems that could have had us pretty stumped.” Lekha said the students “laid out every project clearly and met their deliverable on time.” They met the needs of K12 Nest “without a doubt,” she added. Clients also praise the students for their professionalism and enthusiasm. LaRiviere says, “Any time we have a chance to talk with people about Scoot Science and ocean observing systems, my

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co-founders and I get excited. Each time we’ve worked with ELC students they’ve seemed to share in this excitement. In other words, with each ELC team we’ve connected around more than just the legal topics—the students are really engaged in the big picture of what we’re trying to do.” Lekha too was impressed. “Professor Norris and her students are extremely professional and are some of the nicest people to meet in entrepreneurial circles. ELC provides a great service for young companies—indeed a huge service that’s not easily available elsewhere. Professor Norris is a phenomenal person, and we could tell how every student was trained to offer the right mix of professional courtesy, thought leadership, and industry acumen. That was consistent among all her students.” Were it not for the clinic, Lekha says, K12Nest would have “waited [it] out and hired an attorney or used free tools available online.” But often online resources are limited and the cost of hiring an attorney is prohibitive. “A small business can expect to pay a minimum of $250/hour for an attorney,” says Norris, “and probably it would be more like $400-$450/ hour. Some services offer simple and inexpensive packages for things like a routine incorporation. But what if the startup needs an advertising partnership with another website and is asked to sign the other company’s agreement? What if the startup company wants to use a code developer in Ukraine to create its mobile app and didn’t know how to structure the contract?” In her two and a half years running ELC, Norris has seen students grow by leaps and bounds. “One of the big benefits, which they usually can’t get in an internship, is direct and intimate client contact. They own the relationship with their client; I just oversee. They interview their client, figure out what they need, and get information later that they don’t get at the beginning. [They get] a lot of soft skills dealing with business clients who don’t understand the law, [one of which is] explaining legal concepts to clients. They learn to walk the walk and talk the talk,” says Norris. A Bright, Shining Star The most rewarding and challenging part of the experience for Morrison was “working through the clients’ issues with them and finding solutions together. Our projects changed in scope and content several times during the semester, but we were constantly engaged with the clients and addressed all obstacles, one disaster at a time.”

After graduation in May and the July bar, Morrison will be working for a law firm in Palo Alto. “I am planning on practicing IP litigation. After ELC, I feel more confident in working with startup clients,” she says. Buzogly calls her experience at ELC “a bright, shining star on my resume, which always sparked interest of my interviewers. The most important thing I learned from my experience at ELC is that nobody knows it all, but we are all capable of learning and delivering results very quickly. A contract that I have never seen before or a legal issue that I have never faced does not make me unqualified to do the job. It only means that I will need to do some research, evaluate the options, and make a decision.”

Norris says she would like to expand the ELC to accommodate every Santa Clara Law student who wants to participate—not only to gain the legal skills, but to be “introduced to the creative energy that abounds in Silicon Valley. To be an entrepreneur, you have to be almost blindly optimistic.” The Law-Business Connection The burgeoning demand from clients and students has landed the clinic a prime spot in the new law school building, which will make the law-business connection even more dynamic. “Already,” says Norris, “we interact a lot. We work very closely with Dan Aguiar, Executive Director of the Center for Entrepreneurship in the Business School, and we support our students in very similar ways.” Norris teaches classes at the Business School, has office hours, and is on the advisory board for the Center. “We send students back and forth, so they learn how to do a business plan, marketing, and legal matters. Having a closer physical proximity is going to be wonderful.” Norris says she would like to expand the ELC to accommodate every Santa Clara Law student who wants to participate—not only to gain the legal skills, but to be “introduced to the creative energy that abounds in Silicon Valley. To be an entrepreneur, you have to be almost blindly optimistic.”

MENTORING FEMALE LEADERS While the ELC has no official mandate to mentor women leaders in Silicon Valley, it turns out to be doing just that. “One semester, seven out of the eight students chosen to participate in the clinic were women,” says Norris. And that is with the acceptance process blind—“based on their essays and applications only.” Norris is happy to take on the role of mentor. She often assigns her clinic students to mentors—working attorneys in Silicon Valley and beyond who provide them professional support. Many are high-level women partners in law firms and tech firms. “I have one mentor who is a solo attorney,” says Norris. “She has hired several of her mentees from the clinic.” Norris is a mentor through the U.S. Department of State’s TechWomen program, a mentorship and exchange program for women leaders in STEM from Africa and the Middle East. Last year The Recorder named her a Top 50 Woman Leader in Tech Law. Having worked as both an engineer and a lawyer in Silicon Valley, Norris sees an advantage in the legal profession. “If you are a female engineer and get fed up [in your workplace] you are unlikely to be able to go out on your own. For engineers, that type of business model doesn’t exist. You almost always have to work for someone else. As an engineer, you really have to pick a culture that you are happy with. When you become a lawyer you are now a professional. You can work for yourself, often even within a firm.”

SPRING 2016 | santa clara law

Santa Clara Law alumni get creative with their J.D. degrees

By SUSAN VOGEL | photos by keith sutter

It used to be that people passionate about the arts had to make a choice between a creative (and often impoverished) life ... or law school. Today, it’s astounding how many lawyers come from backgrounds in the arts, or seriously engage in the arts. In fact, in the Bay Area especially, a phenomenon seems to be shaping: Most heads of nonprofits are lawyers. And many heads of nonprofit arts organizations are lawyers. Meet three Santa Clara Law alumni who are sculpting careers in which a passion for art paired with their passion for law is not just a plus, but essential.

LAUREN KATZAKIAN In a room full of musicians and executives, Lauren Katzakian J.D. ’12 is often the one who makes things happen, negotiating contracts that can place a developing artist on a path to late-night shows, major music festivals, and even the Grammys. The political science/studio art major from Lodi, California, came to law school from University of the Pacific expecting to someday become an in-house counsel. But everyone told her that going straight from law school to a corporation was as likely as Snoop Dog rapping with the Mormon Tabernacle Choir. “I was told I would have to work at a big firm for 10 plus years before I could work in-house,” she says. A summer 2L internship with INgrooves in San Francisco changed everything. “INgrooves was one of the first independent music companies to enter into the digital space in connection with the 16 santa clara law | SPRING 2016

distribution of music,” she says. “Its development of a world-class software platform immediately put INgrooves on the map by enabling it to land its first enterprise client—Universal Music Group.” When she returned to school in the fall (continuing part-time at INgrooves), her classes made more sense. “Professor Richard Manso’s tech licensing class was spot on,” she says. “I’d already worked with distribution agreements in the tech sphere. I knew exactly what it meant when he told us to ‘red line’ our first software license agreement.” Since graduation Katzakian has worked out of INgrooves’ office in Los Angeles, a city that suits her more than Lodi. Studying in Florence, Italy, had opened her eyes to what larger cities have to offer, also inspiring her to continue painting the contemporary and abstract paintings she had done since childhood.

“I close on average about 200 deals eachyear. I negotiate and draft the majority of our client contracts when a new artist or label is signed to our distribution and label services...This is my specialty.” —LAURen Katzakian J.D. ’12

Coming from a creative background helps her excel at her job. First, she says, “Most people with an artistic background are laid back, and that automatically reduces adversarial tension.” Second, creativity inspires creative ways of thinking through issues in law. “Regardless of the issues that arise, I know I can creatively draft contractual language to make both parties happy,” she says. Third, if you are considered ‘corporate’ in the music industry (like legal and business affairs), it really helps to be a ‘creative type’ too. “I dress more like the people in marketing than corporate,” says Katzakian. “It allows artists and my colleagues to feel more at ease. It’s crucial to be a part of the culture.” As senior lawyer, legal and business affairs, Katzakian “closes on average about 200 deals each year. I negotiate and draft the majority of our client contracts when a new artist or label is signed

to our distribution and label services. I can’t see myself leaving the music industry because music rights are incredibly niche, and differ greatly from anything in the entertainment field. This is my specialty.” Now learning every aspect of the business, she looks to a future as an executive in the industry. “It’s surprising just how many executives in the business come from a legal background; our CEO is a perfect example.” If you are still listening to 78s, 33s, and 45s (now called “vinyl”) Katzakian has some advice for you: “You are lucky because vinyl is on the rise. Sales are up 52% since 2013,” she says. “People like collecting it for lifestyle reasons, and an increase in sales means we will continue to press.” The most exciting deals Lauren has signed on behalf of INgrooves include her long-time favorite Redman (a pinch-me moment) and rising artist Huey Mack (one to watch!). SPRING 2016 | santa clara law

“Being a lawyer has enabled me to have all of these jobs that Iw ould not have gotten without the skills and abilityto negotiate deals, write contracts, and establish and operate nonprofits.... Without that training and experience, I would never have had the confidence to start a major nonprofit arts organization from scratch.” —LAURA RAFATY B.A. ’79, J.D. ’85

LAURA RAFATY From her office in St. Helena, Laura Rafaty B.A. ’79, J.D. ’85 represents immigration clients from all over the world, works part-time to preserve a historic theatre, runs a super-successful year-old nonprofit, and until recently wrote an award-winning humor column. She either is magic or she works until 3 a.m. “I work until 4 a.m.,” she says. At first, her career path seemed traditional. She was an English major at Santa Clara University, with hopes of becoming a journalist, and then she went to Santa Clara Law. She became a law clerk then associate at Pillsbury Madison & Sutro, and then associate at Gibson Dunn & Crutcher. But in 1993, her career took a turn. She attended a seminar on theatre production featuring Benjamin Mordecai, the executive producer of Angels in America. Afterward, she wrote him a note; he wrote back, “If you’re ever in New York …” Rafaty jumped on a plane. “Eight months after leaving Gibson,” she says, “I had my first show on Broadway.” She and Mordecai produced Anna Deavere Smith’s Twilight: Los Angeles, a one-woman play about the 1992 Rodney King riots. At Santa Clara Law, Rafaty had taken classes in public interest law. Professors Ed Steinman and Richard Berg emphasized that you can devote yourself to social justice no matter where you work. Though she is not Catholic, she credits the Jesuits and the “core values of Santa Clara University” for her social justice bent. She was tapped by Mordecai to help produce Twilight in part because of her history of pro bono work with groups like the San Francisco Lawyer’s Committee for Civil Rights. The Twilight project made her choice to switch from law to theatre an easy one. She traveled back and forth to New York, producing out of a small apartment in Hell’s Kitchen. She produced theatre on and off Broadway, as well as regional and international tours. Needing funds between shows, she took a temp contract gig, which blossomed into a position as director of business operations and general counsel of the international subsidiary of EPRI, a global nonprofit based in Palo Alto. Also a writer, Rafaty was a humor columnist for The Recorder, and co-wrote a book on friendships between straight women and gay men (before “Will & Grace”). Rafaty eventually relocated to Napa Valley, where she had a home in St. Helena. To better connect with the community,

she opened a retail shop (“losing my shirt”) and began writing a humor column in the St. Helena Star, which won her national and regional awards for humor writing. She saw a need in Napa for an immigration lawyer, so in 2010 she opened an office to help wineries and arts organizations bring artists and chefs to Napa Valley. She served on the boards of arts organizations in Napa Valley and New York City. In 2013 she became the producing director of the Napa Valley Performing Arts Center at Lincoln Theater. In 2014, Rafaty took on a new challenge. In Napa, “there wasn’t really any professional theatre. I missed the theatre and wanted to bring it here.” Rafaty chose Shakespeare. “There are incredibly rich people here and then everyone else. Shakespeare wrote for everyone else.” Rafaty started a new nonprofit. Just minutes after launching the Facebook page for NapaShakes (referring to Shakespeare), Napa was hit by the 6.0 Napa earthquake. “I did not cause it,” she insists. Her choice of Shakespeare was brilliant. “People throw their arms around me and thank me,” she said. Busloads of school kids come for free performances. “They mob the actors as if they were rock stars.” Currently Rafaty serves as part-time executive director of Friends of the Cameo, a nonprofit devoted to preserving St. Helena’s over 100-yearold Cameo Theater. She works “more than full time”—unpaid—for NapaShakes. And she has her law practice. Despite “not sitting on the nest egg,” the result of years of “working for free in the arts,” Rafaty says, “I’ve been really lucky. Being a lawyer has enabled me to have all of these jobs that I would not have gotten without the skills and ability to negotiate deals, write contracts, and establish and operate nonprofits. Without that training and experience, I would never have had the confidence to start a major nonprofit arts organization from scratch.” “Seeing the world’s greatest interpreters of Shakespeare performing for the first time in the beautiful surroundings of Napa Valley, and helping to bring classical professional theatre to students and residents who might otherwise never have that experience—plus getting to work with actors and directors I’d only dreamed of meeting—makes me too excited to sleep. Which fits perfectly with my 9 a.m. to 4 a.m. work schedule!”

“There are incredibly rich people here and then everyone else. Shakespeare wrote for everyone else.” —Laura Rafaty B.A. ’79, J.D. ’85

SPRING 2016 | santa clara law

KIRSTEN KOMOROSKE

SANTA CLARA LAW Alumni with Disney Affiliations Daniel F. Bednarski J.D. ’09, Senior Manager, Data Governance, The Walt Disney Company Jon T. Kolbeck B.A ’93, J.D. ’96, Director, Legal Affairs, The Walt Disney Company Kirsten A. Komoroske J.D. ’92, Executive Director, The Walt Disney Family Museum Kevin M. Nozaki J.D. ’97, Senior Manager, eDiscovery, The Walt Disney Company Nikole A. Rockwell J.D. ’05, Executive Secretary, Disney ABC Cable Networks Group Brian A. Rupp J.D. ’98, Attorney, The Walt Disney Company Jacob M. Yellin J.D. ’81, Associate General Counsel/ Chief Compliance Office, The Walt Disney Company

Kirsten Komoroske J.D. ’92 works in a magical world “on the edge of the earth, looking out over the Golden Gate Bridge,” she says. “It’s one of the happiest places on earth.” Komoroske is executive director of The Walt Disney Family Museum in the Presidio in San Francisco. A California native, Komoroske grew up immersed in the arts. Her mother, who studied dance in New York under Martha Graham, José Limón, and Merce Cunningham, had a dance studio on the peninsula. Her father, a Naval Academy grad and Santa Clara University M.B.A., is a strong believer in the arts. She and her two sisters spent their childhoods studying music, dance, and art. Komoroske’s early artistic training paid off when it came to school—and later work. “The arts taught me extreme discipline,” she says. “Growing up, I practiced violin for many hours every day, and I also danced for many hours every week. This rigorous training made most things after that seem easy.” She graduated with a degree in Italian from U.C. Berkeley knowing she would go into law, which she saw as a field offering lots of different career options. (Her Italian degree, she jokes, allows her “to read Baci chocolate fortunes and understand Italian opera.”) At Santa Clara Law, she connected with Paul J. Goda, S.J. “He made a big impact on me,” she says. “I was, of course, impressed with his intellectual prowess and his ability to teach, but I was also fascinated by his drive to improve this world not only by kind acts, but by knowledge.” After graduation, Komoroske focused on employment litigation at both large and boutique firms. She then took in-house positions with Tyco Electronics and Ritchie Capital Management, where she became experienced in mergers and acquisitions and venture capital transactions. In 2007, she opened her own practice, representing clients in employment and transactional matters. She was also committed to serving on

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nonprofit boards. “I told anyone who would listen that my career goal was to end up in missiondriven work,” she says. The call came in May 2013. Walt Disney’s daughter, Diane Disney Miller, and her husband, Ron Miller, former CEO of The Walt Disney Company, were looking for an interim executive director for their museum. “I immediately fell in love with the Millers, the museum, and the mission,” Komoroske says. “Walt Disney started his first company in his early 20s,” says Komoroske. “He failed and filed for bankruptcy. But just because you hit a wall doing one thing doesn’t mean you can’t succeed at the next. And go on to change the world.” Komoroske’s time at Santa Clara Law “with its remarkable faculty and grounded philosophy” reinforced her passion to help and give back. “My legal training and experience have proven critical in my new job—from navigating the complexities of nonprofit law to negotiating Mickey Mouse contracts. I don’t know how anyone holds a CEO or executive director position these days without a law degree. It’s staggering how many times every week legal issues come up. “I find it incredibly rewarding to go to work every day knowing that I’m carrying out an important mission—a mission that benefits the public. I often take a break and walk through our museum just to feel the inspiration of this phenomenal place. I can never believe that I have a job that allows me to do this.” Komoroske sums up the excitement—a feeling shared by Rafaty and Katzakian as well, who are also pursuing their creative passion through law: “Although it rarely seems to happen without hard work and a few zigzags, dreams really do come true.” A frequent contributor to Santa Clara Law, Susan Vogel is an attorney, freelance writer, and founder of a nonprofit promoting Mexican art.

“My legal training and experience have proven critical in my new job....I don’t know how anyone holds a CEOor executive director position these days without a law degree.” —kirsten komoroske J.D. ’92

SPRING 2016 | santa clara law

elebration of Achievement

In March, Santa Clara Law alumni, faculty, students, and friends gathered at the Fairmont Hotel in San Jose to honor individuals who have made a difference for Santa Clara Law and the greater legal community.

THE ALUMNI SPECIAL ACHIEVEMENT AWARD This award publicly recognizes outstanding achievements of Santa Clara Law alumni who have distinguished themselves in their profession, community, and in service to humanity. J. Casey McGlynn B.S. ’75, J.D. ’78 J. Casey McGlynn joined Wilson Sonsini Goodrich & Rosati in 1978, became partner in 1985, and formed the Life Sciences Group at the firm in 1990. His practice is focused on representing startup and emerging growth companies in the life sciences. He has formed, represented, sold, and taken public many of the most important medical device companies started during the last 35 years, and during that period he has built close working relationships with an unparalleled list of entrepreneurs, doctors, investors, engineers, and managers in this industry. Through his portfolio of companies, he has met and negotiated with the leaders of all of the major Medtech acquirers. Over much of his career, he has also participated in forming and managing several venture funds all of which have been top quartile performers. In 2005 Casey founded Life Science Angels, an angel organization focused on investing in medical device, diagnostic, and biotech companies. He is also a member of the board of directors of the Fogarty Institute for Innovation and the Medical Device Manufacturers Association, was a founding member of the Emerging Business Committee of BIO, and is a member of the SCU Board of Regents. He and his wife, Kathy, have three children—Katie, Patrick, and Molly—and a new grandson, Emmett. THE EDWIN J. OWENS LAWYER OF THE YEAR AWARD This award honors a distinguished member of the law school community who is devoted to the highest ideals of the profession and has made significant contributions to the University, the community, and the law. The award is named for Edwin J. Owens, a longtime dean of the law school who was later a superior court judge. The Honorable Phyllis J. Hamilton J.D. ’76 The Honorable Phyllis J. Hamilton has enjoyed a long and distinguished career in public service. She earned her B.A. from Stanford University in 1974 and, following graduation from Santa Clara Law, began her legal career with the 22 santa clara law | SPRING 2016

California State Public Defender’s Office in San Francisco. At age 33, she was appointed as a court commissioner in Alameda County, and six years later, she was appointed as United States Magistrate Judge in San Francisco. She served in that post until May 2000, when she was appointed by President Clinton as United States District Judge for the Northern District of California. She serves in that position with life tenure and handles all manner of federal cases, both civil and criminal. After 19 years at the San Francisco Federal Building, she relocated her chambers to Oakland in 2009. She was appointed as Chief Judge for the District in December 2014, the first African-American woman in the court’s history to fill this position. She continues to participate in mentoring programs for high school and law students as well as training and continuing education programs for lawyers. She is a member of the National Association of Women Judges, the Charles Houston Bar Association, and the Federal Judges Association. She lives in Oakland with her husband, Steve Rowell. THE SANTA CLARA LAW AMICUS AWARD This award is given to a true friend of the law school, someone who has demonstrated the highest level of leadership in the legal profession and the community, and who has significantly advanced the mission and reputation of Santa Clara Law. Katharine V. Alexander A champion for social justice her entire life, Katharine V. Alexander earned her undergraduate degree with honors from Goucher College in 1956 and studied at the University of Geneva and the Institut Universitaire des Hautes Etudes Internationales from 1954 to 1955. She earned her J.D. from the University of Pennsylvania Law School in 1959, and was one of only three women in her graduating class. For 25 years, as a deputy public defender for Santa Clara County, she tenaciously represented criminal defendants in jury trials and pretrial proceedings, including defendants charged with aggravated felonies and murder cases where the death penalty was charged. Relentlessly believing in her clients and in the rules of due process, she won an acquittal or reduction of charges for every client she represented in a jury trial. She collaborated for a lifetime with her late husband, George J. Alexander, to make social justice a reality in their community and beyond. Their generosity has left an indelible mark on Santa Clara Law, from

The 2016 honorees gathered before the Celebration of Achievement Awards ceremony: (left to right) Allonn E. Levy, Christopher Boscia, The Honorable Phyllis Hamilton, Katharine Alexander, and Casey McGlynn. adam hays

the Katharine & George Alexander Community Law Center (2004) to the Katharine & George Alexander Law Prize (2008), and the Katharine & George Alexander Professorship of Law (2015). She is the proud mother of two children, Suzi and Chip, and three grandchildren. THE YOUNG ALUMNUS RISING STAR AWARD This award recognizes a Santa Clara Law graduate who has distinguished him/herself after less than ten years in practice and has demonstrated impact in the community through service and commitment to the law. Christopher Boscia JD. ’08 In just eight years since graduation, Christopher Boscia has already racked up a string of impressive victories and achievements. He graduated from Boston College with a B.A. in 1998 and an M.A. in theology in 2000. He clerked for The Honorable John F. Moulds, U.S. District Court for the Eastern District of California before joining the Santa Clara District Attorney’s Office in 2011. Boscia won the Robert L. Webb Award for Trial Advocacy in 2011 for his work in People v. Gill, a case involving a novel challenge to crime lab procedures. Gov. Jerry Brown later signed into law Assembly Bill 2425, drafted by Boscia, which updated the regulations governing forensic alcohol analysis for the first time in 30 years. In 2015, he successfully prosecuted a high-level member of a Mexican drug cartel operating in Santa Clara County on 13 charges, including kidnapping for extortion, conspiracy to commit murder, and conspiracy to sell hundreds of kilograms of cocaine, over the course of a grueling four-and-a-half month trial. He currently serves as treasurer of the St. Thomas

More Society of Santa Clara County and is a barrister of The Honorable William A. Ingram American Inn of Court. He and his wife, Kristin Love Boscia J.D. ’08, have three children. THE SANTA CLARA LAW DIVERSITY AWARD This award honors an outstanding alumnus or law community member for his or her work in the area of diversity and inclusion. Allonn E. Levy J.D. ’96 Allonn Levy is a litigator focusing on complex business litigation, technology law, intellectual property, and appeals. He has actively participated in numerous high-stakes, highprofile technology cases involving patent infringement, digital rights management, cyber-jurisdiction, trade secrets, and the Digital Millennium Copyright Act. A 1993 graduate of California State University, Northridge, he was an active student at Santa Clara Law, where he served as editor-in-chief of The Advocate and was a member of both the La Raza Law Student Association and the Jewish Law Student Association. He began his legal career working as a law clerk and later an attorney for The Honorable Phillip H. Pennypacker J.D. ’72 and then spent four years with the HS Law Group. He joined Hopkins & Carley in 2002. He has served on the board of the Law Alumni Association and over the years has mentored dozens of students and graduates, supported student organizations, and coordinated a number of diversity outreach activities through his firm. He is a long-time member of the Santa Clara County La Raza Lawyers Association, a supporter of various local projects that seek to engage traditionally underrepresented groups, and co-chair of the firm’s Diversity & Inclusion Committee. SPRING 2016 | santa clara law

Alumni Reunion 2015

Santa Clara Law joined the 2015 festivities in October for Grand Reunion Weekend at Santa Clara University. In addition to the block party receptions, the Law School welcomed members of the 50th reunion class as well as alumni and friends for Saturday MCLE presentations and Alumni Family Picnic. Photos can be viewed at scu.edu/alumni/events/reunions/. Save the date for the 2016 festivities: October 7-9.

24 santa clara law | SPRING 2016

1. As a kickoff to the Grand Reunion Weekend’s festivities, three returning members of the Class of 1965 were honored as they marked their 50th anniversary since graduating from Santa Clara Law. From left: Bill Clayton B.S. ’71, J.D. ’74, Dean Lisa Kloppenberg, honorees Tracy Tumlin J.D. ’65, The Honorable Thomas C. Hastings B.S. ’60, J.D. ’65, Michael M. Shea B.S. ’59, J.D. ’65, and Mike Gencarella J.D. ’97, president of the Law Alumni Association Board of Directors.

2. U.S. Assistant Attorney General John Cruden J.D. ’74 spoke to a group of students, alumni, and faculty in the Panelli Courtroom. Interviewed by Professor Tseming Yang, Cruden spoke about many recent landmark cases including the 2010 Deepwater Horizon oil spill settlement.

3. Enjoying the Friday night University-wide Block Party on the Abby Sobrato Mall are (from left) Professor Nancy Wright J.D. ’80 (retired), Bill Clayton B.S. ’71, J.D. ’74, Professor Eric Wright, Mike Gencarella J.D. ’97 and Andy Phillips B.S. ’75.

4. Professors Tseming Yang (left) and Ken Manaster (right) thank U.S. Assistant Attorney General John Cruden J.D. ’74 for his return to campus during Grand Reunion Weekend.

photos by ELLEN LYNCH

SPRING 2016 | santa clara law

CL ASS ACT I O N Alumni 1974 The Honorable

Timothy Hannon is a social security administrative law judge in San Jose. He received a master’s in military history from Norwich University in June 2015.

1975 The Honorable

David E. Power received a 2015 Distinguished Service Award from the Judicial Council of California. He was honored for his work as chair of the council’s Trial Court Facility Modification Advisory Committee, and for his work on the Court Facilities Advisory Committee and Facilities Policies Working Group.

1976 The Honorable Risë

Jones Pichon received the 2015 Gideon Award from the Santa Clara County Black Lawyers Association.

1977 The Honorable Carlos Cabrera has retired from the Fresno County Superior Court. The Hon. Eugene Hyman spoke on Proposition 47 on NPR’s “Your Legal Rights.” He also gave evidence via Skype to the Royal Commission into Family Violence on Intervention Orders in Melbourne, Australia.

was appointed to a judgeship on the Alameda County Superior Court. Previously he was a commissioner for the court since 2002. He was also an attorney in private practice, as an associate and partner at Quaresma, Benya, Hall, Connich, O’Hara and Nixon.

State Bar Association. He was re-elected to his fourth year as president of the San Juan County Bar Association. He is retired from the Riverside County, California, District Attorney’s Office. Kathryn Kane Hogan B.S. ’82 retired as a deputy county counsel for Santa Clara County. She was a hearing,

1978 Howard Peters and

his wife Sally (also known as “Mr. and Mrs. Chocolate”), have given more than 50 presentations about chocolate and its chemistry. Marc Del Piero B.A. ’75 was honored by the city of Ichiki-Kushikino, Japan, for his efforts to support the Salinas-Kushikino Sister City Association’s student ambassador exchange program.

1979 Scott Lord won five

games and $109,000 during a recent stint on the game show Jeopardy! He is semiretired, after spending over three decades doing civil and criminal trial work for clients in the construction industry.

1980 Phil Gregory MBA is a fellow of the International Association of Trial Lawyers. Samantha M. McDermitt is founder and executive director of the Law Theater Project (lawtheater.com), which is dedicated to dramatic performance of historic legal cases. Phil Gregory J.D. ’80

1984 Thomas J. Nixon

1983 Maureen Heath has retired from Mullen & Filippi.

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Scott Lord J.D. ’79 with Jeopardy! host Alex Trebek

1985 The Honorable Susan Bernardini has retired from the Santa Clara County Superior Court. Laura Rafaty B.A. ’79 is founder and artistic director of NapaShakes, a nonprofit bringing Shakespeare to Napa Valley. She practices immigration law in St. Helena. Her award-winning writing can be found at www.laurarafaty.com. (See page 19.) 1986 John Chessell

completed a three-year term on the MCLE Board of Directors of the Washington

trial, and appellate counsel for over 25 years. Karen O’Kasey was honored in Oregon Super Lawyers magazine for employment litigation defense. She has been listed in every issue of the magazine since it began a decade ago. For a fifth consecutive year, the publication named her one of the top 25 women lawyers in Oregon. She practices with Hart Wagner in Portland. Barbara Small is a partner at GCA Law Partners, where she handles trusts and estates.

1987 Julie Mar-Spinola

has been appointed to the Patent Public Advisory Committee of the U.S. Patent and Trademark Office by U.S. Secretary of Commerce Penny Pritzker.

1988 Stephanie Dean is

an associate at Dincel Law Group in San Jose. Previously she was a contract research and appellate attorney, and taught appellate advocacy at Golden Gate University School of Law.

1989 Chantal Eldridge is

a criminal defense attorney and public defender in Texas, who focuses on defending individuals with mental health issues. Jill Greiner is a hearing officer for the city of Reno, Nevada. She is a board member of the Washoe Court-Appointed Special Advocate Foundation, and was appointed to the Nevada State Commission on Postsecondary Education. Previously she served on the Nevada Indian Commission. She is also a settlement judge for the Nevada Supreme Court and a mediator. Jeffrey C.P. Wang is CEO and founding partner of WHGC in Newport Beach. He focuses on intellectual property, international business, complex litigation, and immigration.

1990 Ellen Arabian-Lee

has practiced law in Roseville, California, since April 2014. Andrew Hughes MBA is vice president and general counsel of Intersil, a power management and analog technology company. Previously he was vice president, general counsel and secretary for Ikanos Communications, a fabless semiconductor and

software company acquired by Qualcomm. He also worked at Bell Microproducts and LSI Logic.

1991 Robert Anthony

Fultz B.S. ’86 was appointed as a judge on the Tulare County Superior Court. He previously worked in the Tulare County District Attorney’s Office. Bea Grause has been president and CEO of the Vermont Association of Hospitals and Health Systems since 2001. She will become president of the Health Association of New York in June.

1992 Sergio Arellano is

managing director of PwC’s tax regulatory services practice in Chicago. Previously, he was deputy commissioner of the IRS’s large business and international division. Kirsten Komoroske is executive director of The Walt Disney Family Museum in the Presidio in San Francisco. (See page 20.) Patrick Miyaki is the government section leader at Hanson Bridgett. He was named alumnus of the year by the political science department at San Francisco State University. Tony Scott is the United States chief information officer and administrator of the OMB’s Office of Electronic Government and Information Technology.

he has served as a deputy public defender for the San Francisco Public Defender’s Office. Larissa Valverde Hail lives in Anchorage, Alaska, where she has her own law firm. Previously, she worked for the district attorney’s office on the Kenai Peninsula. She has lived in Alaska for 18 years with her husband and three children.

1995 Heather Ace is ex-

ecutive vice president, global human resources, for Orexigen Therapeutics. Previously, she was integration leader at Philips HealthTech and EVP of Global Human Resources at Volcano Corporation, and vice president, human resources at Life Technologies.

1996 Susan Woodhouse of Littler in San Francisco was named Knowledge Management Professional of the Year for 2015 by the International Legal Technology Association. She is senior director of Littler’s knowledge management department.

1997 Thomas Fitzpatrick

is a partner and co-chair of the intellectual property litigation practice at Pepper Hamilton in Silicon Valley. He spoke on “Best Trends and Practices: Avoiding Trade Secrets and Third Parties Litigation” for The Knowledge Group/The Knowledge Congress Live Webcast Series. Colin McCarthy co-founded Soccer Silicon Valley over a decade ago to bring back the San Jose Earthquakes. He now heads the SSV Community Foundation, which supports soccer outreach.

1998 Kathy Gore Priest

is vice president and general counsel of CData Software, a provider of data integration drivers and solutions. Previously, she was the managing partner at Priest Law Offices. Linda Lorenat B.A. ’94 is a partner at King & Spalding’s Silicon Valley office where she represents startups and emerging companies. Previously she was at Latham & Watkins, in the firm’s emerging

1994 Phil Dion MBA is

vice president for technology business development for American Electric Power. Previously he was senior vice president for public policy and customer solutions at UNS Energy Corp. Christopher Hite was appointed to be a judge on the San Francisco County Superior Court. Since 1998, SPRING 2016 | santa clara law

CLASS ACTION

companies practice. Meredith McKenzie has been reappointed to the Dental Board of California. Since 2012 she has been vice president and deputy general counsel at Juniper Networks.

1999 Richard Lucero is

chief of police for Fremont. He was the guest of U.S. Representative Eric Swalwell at the State of the Union Address by President Obama on Jan. 12. Chief Lucero was invited for his support of gun violence prevention reforms. He has served with the Fremont department since 1987. Brian McQuaid has been named as one of Legal Elite 2015 Nevada’s

the San Jose office of Littler. He focuses on trade secrets, misappropriation and employee raiding, wage and hours, discrimination, harassment, and wrongful termination.

2001 Saina Shamilov was named a 2015 Woman of Influence by the Silicon Valley Business Journal. She is a partner at Fenwick & West and an intellectual property litigator. She successfully defended Amazon.com and Zillow in patent cases. A competitive dancer, she won a national title in Latin dance in 2010.

2002 Kristina Lawson

was appointed to the Medical Board of California. She has been a partner at Manatt, Phelps & Phillips since 2011. Michael Warren is a partner at McManis Faulkner in San Jose. He advises small business and Fortune 500 companies on workplace-related issues such as discrimination, harassment, class actions, leaves of absence, and disability accommodation. He was previously at Littler.

2003 Tara Kaushik B.A. Brian McQuaid J.D. ’99

Top Attorneys. McQuaid is a shareholder at Maupin, Cox & LeGoy in Reno. He focuses on estate planning and business, and complex estate and trust administrations. Tanya (Montano) O’Malley B.S. ’96 and her husband Dennis B.S. ’95, MBA ’00, have three daughters and live in San Carlos.

2000 Jason Baker is

serving as mayor of Campbell for a second term. Benjamin Emmert is a shareholder in

’98 is in the 2016 The Best Lawyers in America Guide for her work in utilities law. Benjamin Rice is senior legal policy advisor at the California Department of Corrections and Rehabilitation, where he has served as chief counsel in the Office of Legal Affairs since 2008.

2004 David Creeggan

is AV Preeminent rated by Martindale-Hubbell. He is a Northern California Super Lawyer Rising Star for 2014 and 2015. He practices with Trainor Fairbrook in Sacramento. Bryan Kohm

28 santa clara law | SPRING 2016

Saina Shamilov J.D. ’01

is a partner at Fenwick & West where he practices intellectual property litigation, representing local companies in patent infringement and trade secret misappropriation disputes. Nikki Pope co-authored Pruno, Ramen, and a Side of Hope: Stories of Surviving Wrongful Conviction, published by Post Hill Publishing. The book features a foreword by Santa Clara Law Professor Cookie Ridolfi and a chapter written by Paige Kaneb of the Northern California Innocence Project.

2005 Simon O’Connell

prosecuted a murder case in Contra Costa County against a notorious gang member. Benjamin Qiu is a partner at Loeb & Loeb in Beijing. Previously, he was at Cooley’s Shanghai office.

2006 A high school in San

Jose was renamed the Cindy Avitia High School, in honor of Cindy Avitia, who died in 2013. Cindy had served as the founding Board President of Alpha Public Schools. David Tsai is a partner at Vinson & Elkins. Previously

he was at Perkins Coie. Rob Uy received a minority bar coalition unity award from the Minority Bar Coalition of the Bar Association of San Francisco. He is regional governor for the Northern California region of the National Filipino American Lawyers Association. He is past president of the Filipino Bar Association of Northern California, and has been a board member of the Asian-American Bar Association of the Greater Bay Area.

2007 Rachel Hsaio

B.A. ’04 authored “The Great Debate—Your Career or Mine?” published on the Military Spouse JD Network. Heather Peck is a shareholder at the

Irvine office of Littler. She represents employers in matters involving privacy and data protection, discrimination, harassment, wrongful termination, the Fair Employment and Housing Act, and the Americans with Disabilities Act.

2008 Sonia Feldstein

married David Wills on Oct. 25, 2015, in Carmel Valley. She is a senior counsel with the California Department of Toxic Substances Control. Her husband is a firefighter and paramedic for the Alameda Fire Department. Jennifer Tse works for the U.S. Department of Labor’s Wage and Hour Division in San Francisco.

2009 James Holder is a

partner at Gordon & Rees in San Francisco. He focuses on complex business litigation, including product liability, mass torts, and breach of contract disputes. He lives in San Francisco with his wife, Jordan Holder J.D. ’09. Dan Kwon is a college counselor at FLEX College Prep. Debra Reed funded a Kickstarter campaign for herbsack.com, a line of hemp totes that are biodegradable, sustainable, and bacteriaresistant. She founded the company in September 2013.

2010 Jason Sedano is an associate in the Houston office of Cantor Colburn. He works on cases in a wide range of industries, including aerospace, medical devices, and oil field equipment. Ryan Watkins and his wife, Sherry, announce the birth of their first child, Weston, on Oct. 23, 2015. The family lives in Toronto, Canada.

2011 Alex Kassai B.S.

’08 and other Cooley attorneys advised Pure Storage on its $488 million initial public offering. He is an associate in its General Corporate and Emerging Companies practice groups in Palo Alto. Jessica Jackson Sloan is national director and co-founder of #cut50, a national bipartisan initiative to cut the prison population by 50 percent over the next 10 years.

2012 Vaishali Bhatnagar married Abe Gupta on Feb. 14, 2015, in San Jose. They live in Dublin, California, where Abe is the vice mayor. The couple has a law office together, the AV Law Firm, in San Ramon. Justin Brown practices labor and employment litigation at Littler in San Jose. His wife, Amanda Richey J.D. ’13, works in the Silicon Valley office of Ropes & Gray. Lauren Katzakian is Senior Attorney for legal and

business affairs at INgrooves in Los Angeles. (See page 16.) Gabriela Tunzi married Martin Behn on May 30, 2015, at the Santa Clara Mission Church. Gabriela works for San Mateo County, and Martin works for a law firm in Palo Alto. Classmates Crystal Roberts and Jake Smith were in the wedding party.

2013 Clara Chiu is an

associate in the intellectual property group of Lewis Roca Rothgerber in its Silicon Valley office. Her emphasis is on patent prosecution and counseling. Previously, she worked in the intellectual property departments of Panasonic and Nest Labs.

2014 Natalie R. Herendeen works at the Salinas Valley office of Legal Services for Seniors. Christopher Mosier B.S. ’11 is an associate attorney focusing on complex business litigation and insurance coverage at

Willoughby, Stuart, Bening & Cook in downtown San Jose. Frederick Washington works for the San Joaquin County District Attorney’s Office.

2015 Sarah Mirza won the Jan Jancin Award for the top intellectual property law student in the nation. She is an associate at Fenwick & West. Albert Rugo is an associate for Dechert in Mountain View. 2016 Sona Makker was

selected as a fellow for the inaugural class of fellows at the U.C. Berkeley Center for Technology, Society and Policy. The fellows hail from universities around the world and from disciplines as diverse as computer science, law, cognitive science, international relations, sociology, psychology and visual art. Makker’s project focuses on privacy law in the city/municipal government context.

SAVE THE DATE

June 13, 2016 10:30 a.m.—7:00 p.m. Silver Creek Valley Country Club, San Jose, CA The Justice Edward A. Panelli Scholarship Golf Classic offers a day of fun, networking, gourmet food, and camaraderie, all while raising funds for the Justice Edward A. Panelli Scholarship. The tournament will be played in a scramble format, and the “Panelli Cup” will be awarded to the foursome with the lowest score. For more information or to register, see law.scu.edu/panelli.

SPRING 2016 | santa clara law

CLASS ACTION

In Memoriam 1956 Bruce Oneto, June

30, 2015. He served as an Army corporal during World War II and attended Stanford as an undergraduate. A partner at the Ruffo Law Firm in San Jose, he later opened his own law practice. He was an outspoken advocate of sustainable water policy and served on the state water advisory commission. He was fair director for the 14th District Santa Cruz County Fair. Survivors include his wife, Jeri, two sisters, three children, grandchildren, and great-grandchildren.

1958 The Honorable John Thomas Ball, Nov. 10, 2015. A San Jose native, he graduated from high school in Los Gatos. He received a bachelor’s degree from

the University of California, Berkeley. After practicing law in San Jose for 28 years, he was appointed as a municipal court judge in Santa Clara County, where he served for three years. He was elevated to the Santa Clara County Superior Court, where he handled mainly criminal cases for 20 years. He retired in 2001 and moved to Plumas County, where he heard cases as part of the Assigned Judges Program. For the past four years, he was an assigned judge at the High Desert Correctional Center. He was an active Rotary member who enjoyed fishing and snowmobiling. He is survived by his wife, Patsy, a son, and two grandsons.

Patrick McMahon Patrick McMahon J.D. ’68, Jan. 6, 2016. An Irish immigrant, he served in the United States Air Force. He attended Santa Clara Law on a scholarship. He gained a reputation in Law School for doing well, despite rarely attending class. When he did show up, he would frequently receive a standing ovation. After several years of working for law firms, he started his own firm in San Jose. He was a trial attorney, community activist, supporter of all things Irish, and for a short time, proprietor of Paddy’s Irish Pub in downtown San Jose. He was a member of the Santa Clara Law Board of Visitors, and served as president of the Santa Clara County Trial Lawyers Association. Survivors include his wife, Pamela B.A. ’67, two children, Ross B.A. ’94 and Deirdre B.A. ’97, and five grandchildren.

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1967 William A. “Bill”

Sullivan, Nov. 28, 2014. Born in San Francisco, he earned a bachelor’s degree from Stanford. He attended Santa Clara Law after serving four years in the U.S. Air Force. He worked at the corporate legal department of Lockheed in Burbank for 28 years, retiring in 2002. A judge advocate and colonel in the Air Force Reserve, he retired after over 30 years of duty. He was a civic volunteer in Pasadena. He was foreman of the Los Angeles County Civil Grand Jury from 2003 to 2004, and on other commissions. He was a temporary judge for the Los Angeles County Superior Court. Survivors include his wife, Nancy, two daughters, a brother, and grandchildren.

1971 Joyce Sogg, Jan. 9, 2016. A practitioner of family law in San Jose for over 30 years, she was a lifelong activist for women’s rights, civil rights, reproductive rights, and UNICEF. She was a national representative for the National Organization for Women, and active in state and local politics. Survivors include three siblings, two children, and a grandson.

1973 Peter Hubert, Nov.

3, 2015. He graduated from San Jose schools, including Abraham Lincoln High School and San Jose State University. He practiced law in San Jose for over 30 years, representing clients in family, criminal, and personal injury law. He served on the board of Volunteers in Parole and taught street law at the California Youth Authority Correctional Institution in Ben Lomond. He volunteered as a pro tem judge for small claims matters, and as a personal property division mediator on divorce cases. He was a supporter of many local civic organizations. Survivors include his partner, Vera Macheret, and two brothers.

1975 Ed Niland, Aug.

4, 2015. He practiced law in Los Gatos, and lived in Scotts Valley. He is survived by his wife, Julia, and two daughters.

1980 Helen Elizabeth

“Betty” McCroskey, Oct. 10, 2015. Born and raised in Dallas and Sherman, Texas, she received a B.A. from the

University of Texas and a master’s degree in American history from Rutgers. She and her husband moved to California in 1966. She practiced family and elder law in Palo Alto from 1981 until her retirement in 1998, including 12 years at Gilfix & La Poll Associates. Survivors include her husband, William, two daughters, and two granddaughters.

1992 Christina Capurro Sand MAT ’13, Dec. 23, 2015. She grew up in San Anselmo. She graduated from College of the Holy Cross in Worcester, Massachusetts. She practiced family law, taught in local Catholic schools in the South Bay, and trained to become a high school history teacher. Survivors include her husband, Duane, a son, three brothers, her parents, and a grandmother.

ALUMNI 2 0 1 6 U P CO M IN G EVENTS

MAY 12

SANTA CLARA Public Interest & Social Justice Law Celebration and Graduation, Adobe Lodge

SANTA CLARA Baccalaureate Mass, Mission Church

SANTA CLARA Law Commencement, Mission Gardens

June 1

SAN DIEGO Alumni Reception, The US Grant Hotel

SAN JOSE Justice Edward A. Panelli Scholarship Golf Classic, Silver Creek Valley Country Club

FRESNO CLE Presentation and Luncheon, The Daily Grill

September

Send us your news! Keep your fellow law alumni posted on what's happening. Email your news to lawalumni@scu.edu or send to Law Alumni Relations Santa Clara University 500 El Camino Real Santa Clara, CA 95053

SANTA CLARA Vintage Santa Clara (tickets go on sale August 1), Mission Gardens

SAN FRANCISCO Alumni Reception, The Walt Disney Family Museum

29-30 SANTA CLARA Jerry A. Kasner Estate Planning Symposium, Santa Clara Convention Center October 6-8 SANTA CLARA SCU Grand Reunion Weekend with Law Celebrations, Santa Clara University Campus 22

SAN JOSE Katharine & George Alexander Community Law Center Annual Celebration, Hotel Valencia

For more details, visit law.scu.edu/alumni/alumni-events. We send a monthly email to alumni with events and other updates. Please be sure we have your preferred email address by sending a message to lawalumni@scu.edu.

SPRING 2016 | santa clara law

CLOSING ARGUMENTS

the president, partisanship, and immigration policy B y P rat heepan G u l asekaram

n mid-April, the Supreme Court heard argument in United States v. Texas, the challenge to President Obama’s 2014 Deferred Action for Parents of Americans program (DAPA), brought by states and state officials. In weighing a decision, the Court holds in the balance the lives and livelihoods of an estimated five million persons, nearly half of the current undocumented population of the United States. To provide some perspective, the current undocumented population is approximately 11 million persons. According to the Department of Homeland Security, the federal agency in charge of immigration enforcement, a maximum of four percent of that population—around 400,000 people—will be prosecuted and removed in any given year, given current budgets and resource constraints. For both humanitarian and cost-related reasons, the Obama Administration, similar to past administrations, has provided guidance to direct the use of its limited enforcement resources. As part of that prioritization, DAPA (and the 2012 Deferred Action for Child Arrivals—DACA— program), provides a form of temporary relief from removal (known as “deferred action”) to classes of undocumented persons who fall into low-priority enforcement categories. And, based on pre-existing congressional laws and federal regulations, those who receive deferred action may separately apply for work authorization, depending on their ability to show economic necessity. On the merits, the case has far-reaching consequences for the future of immigration enforcement policy, the power of states to upset

32 santa clara law | SPRING 2016

those policies, and the proper allocation of federal legislative, executive, and judicial powers. Indeed, the most significant question in the case maybe whether states like Texas have the legal standing to bring suit in federal court in the first place. My own view is that regardless of what one thinks of the merits of a mass-scale deferred action, allowing individual states to challenge such executive policies in federal courts sets a dangerous precedent. Under Texas’ theory of standing, any federal administrative action that increases costs to states (whether Texas actually suffers increased costs or has to bear those costs is a disputed point in the case), would allow a state to judicially challenge, and possibly dismantle, that executive policy. Countless federal enforcement programs may have such an effect; indeed, even if the Court invalidates large-scale programs like DAPA or DACA, any individualized grant of prosecutorial discretion would still create the injury of which Texas complains. Several federal courts share this general skepticism. In the mid-1990s, multiple federal appeals courts turned away state challenges to federal enforcement policies. More recently, other attempts to legally contest DACA and DAPA were dismissed for lack of standing by federal trial courts. In doing so, these courts essentially made the determination that disagreements with the executive’s enforcement policies should be resolved politically—through elections or congressional response—rather than by courts. In short, if the Court rules that Texas may judicially challenge DAPA, the case offers states a new avenue to disrupt federal administrative

KEITH SUTTER

policies and indirectly influence immigration enforcement. This possibility, as I chronicle in my recently co-authored book, The New Immigration Federalism (Cambridge University Press 2015), is actually part of a larger trend of states injecting themselves more robustly into immigration enforcement. What’s more, the case reflects not only a federalism divide between the federal government and states; it also signifies a broader partisan contest over preferred national immigration policy. Indeed, in a larger context, United States v. Texas is the flip-side of the Court’s 2012 decision in Arizona v. United States. In that case, a Democratic president successfully sued to stop the enforcement-heavy policies of several Republican-controlled states, including Arizona’s infamous SB 1070. In 2016, it is a coalition of many of those same Republican states attempting to derail what they view as the lax enforcement policies of that same Democratic president. The 26 Republican states and state officials challenging DAPA are also nearly the same mix of states that are currently attempting to defy the State Department’s recent announcement that it will be resettling Syrian refugees in the United States. As I detail in my book, immigration policy since Sept. 11, 2001, has fallen victim to party polarization in a way that had previously not been true of immigration politics. That polarization largely explains the inability of Congress to pass immigration reform over the past 15 years, despite several attempts and broad support from the American public. In turn, Congress’ silence has cleaved space for two emerging policy dynamics. First, states have stepped more fully into the legislative void, enacting an unprecedented volume of both enforcement-heavy and pro-immigrant policies. Second, the federal executive branch has become much more conspicuous and robust in fashioning immigration policy through both enforcement calibration and litigation. The Texas and Arizona cases illustrate both trends, and their partisan roots, simultaneously. Perhaps fittingly, the Supreme Court will likely provide answers to these critical ques-

Associate Professor Pratheepan Gulasekaram

“Allowing individual states to challenge such executive policies in federal courts sets a dangerous precedent. Under Texas’ theory of standing, any federal administrative action that increases costs to states (whether Texas actually suffers increased costs or has to bear those costs is a disputed point in the case), would allow a state to judicially challenge, and possibly dismantle, that executive policy.” — Pratheepan G ulasekaram

tions in late June...just a few weeks before the Republican and Democratic National Conventions. With congressional gridlock on immigration likely to hold steady at least through the next presidential term, immigration will continue to remain one of the most polarizing and critical issues on our national agenda, with the president and states continuing to wrestle over immigration policy. Depending on the outcome in Texas, we might see states and federal courts increasingly used as the battlegrounds for that highly partisan contest.

Pratheepan Gulasekaram is associate professor at Santa Clara Law, where he teaches constitutional law and immigration law. His co-authored book, The New Immigration Federalism, was recently published by Cambridge University Press.

SPRING 2016 | santa clara law

Nonprofit Organization U.S. Postage PAID San Jose, CA Permit No. 1

Santa Clara University Santa Clara Law 500 El Camino Real Santa Clara, CA 95053-0435 The Law School of Silicon Valley

CHANGE SERVICE REQUESTED

law.scu.edu/sclaw J O ANNE H . LEE

Celebrating 10 Years of Panetta Fellows “We at the Panetta Institute are extremely proud of the Fellows Program that we established with the Santa Clara University School of Law. In the spirit of Santa Clara University, these students are learning how to be great public servants as well as great lawyers.” —LEON PANETTA B.A. ’60, J.D. ’63, co-founder, Panetta Institute The 2016 Panetta Fellows are (from left): Holly Lillis, Tori Anthony, and Wesley Dodd, all of whom will graduate from Santa Clara Law this May.