USF Lawyer Fall 2015

U N I V E R S I T Y O F SA N F R A N C I S CO S C H O O L O F L AW • FA L L 2 0 1 5

CAN TAXES CHANGE THE WORLD? Leading experts from USF’s new graduate tax program tackle the myriad implications of tax law

INSIDE: Sal Torres ’88 on Leadership | New Clinics Launched | Reunion Gala

A MESSAGE FROM THE DEAN In these challenging times for legal education, law

Indicative of how we value our role as the University

schools have to excel at more than one thing at a

of San Francisco, our faculty, alumni, and students

time. I am pleased to report that USF is doing just

are supporting many developments in criminal

that. This issue of USF Lawyer takes you through

justice reform. Led by Professor Sharon Meadows,

a variety of new programs and approaches from

students in our new Racial Justice Clinic have

Kendrick Hall to the Hall of Justice, from USF’s

answered Public Defender Jeff Adachi’s call by

downtown campus to major cities around the

preparing bail petitions in San Francisco Superior

world. Taken together, they prepare our students

Court and researching approvals, denials, and terms

to be ready to practice law upon graduation and

for ethnic and racial disparities. At the same time,

demonstrate what it means to be a “USF Lawyer”

Professor Rhonda Magee is working closely with

in the 21st century.

District Attorney George GascÓn on community measures for public confidence and safety in our

In this issue, we feature our new graduate tax

neighborhoods. And five members of the new

program housed at our downtown campus and

25-member Bar Association of San Francisco Task

now online reaching students in six states and

Force on Criminal Justice Reform have USF ties—

three additional locations in California. Now in our

Professor Sharon Meadows and I are joined by

second year offering the LLM in Taxation and our

three alumni.

first for the Master of Legal Studies in Taxation, we have received overwhelmingly positive support

Most of all, the USF School of Law community is

from tax professionals and industry leaders like our

about the people—like Sal Torres ’88, who is profiled

partner Andersen Tax. Our cover story showcases

this issue for his varied career from Silicon Valley

the expertise of our tax faculty, illustrating how tax

businesses to Daly City government; Alum of the

issues affect us all.

Year Molly Lane ’90; Stephen Hamill ’78 who is the new chairman of the USF Board of Trustees; business executive David Tognotti ’96; and my predecessor as dean, Professor Emeritus Jeff Brand, the newest judge on the Alameda County Superior Court.

When our School of Law achieves greatness, it happens for all of us—alums, faculty, staff, and

PAUL J. FITZGERALD, S.J. University President JOHN TRASVIÑA Dean JOSHUA DAVIS Associate Dean for Academic Affairs MICHELLE TRAVIS Associate Dean for Faculty Scholarship ELIZABETH BENHARDT Assistant Dean for Academic Services GRACE HUM Assistant Dean for Student Affairs ANGIE DAVIS Senior Director of Communications & Marketing TALYA GOULD SANDERS Assistant Director of Communications & Marketing DESIGNED BY USF Office of Marketing Communications

USF LAWYER IS PUBLISHED BY: University of San Francisco School of Law 2130 Fulton Street San Francisco, CA 94117-1080 T (415) 422-4409 F (415) 422-4397 usflawyer@usfca.edu

students. I hope you will invest in our students and our shared future by donating online at bit.ly/usflaw-donate.

John Trasviña Dean

USF Lawyer is printed on paper and at a printing facility certified by BM Trada Certification North America, Inc. to FSC® standards. From forest management to paper production to printing, FSC certification represents the highest social and environmental standards.

CONTENTS 16

FALL • 2015 CAN TAXES CHANGE THE WORLD?

DEPARTMENTS

In a global economy where everything is connected, taxes are everyone’s business. Here, leading experts from USF’s new graduate tax program tackle the myriad implications of tax law.

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IN BRIEF New Clinics Focus on Racial Bias, Immigration, Child Advocacy, and Data Privacy Molly Moriarty Lane ’90 Named Alum of the Year Moot Court Teams Win Big at National and Regional Levels

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FACULTY FOCUS On the Record With Professor Tim Iglesias Scholarship and Service Highlights

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ALUMNI NEWS Reunion Photos

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“YOU HAVE TO LEARN TO BE A LEADER”

PHILANTHROPIST AMONG US

al Torres ’88 places law at the S center of his eclectic career

The journey from airline pilot to alumni leader for Cameron Cloar-Zavaleta ’09

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David Tognotti ’96 Builds Bridges Between Law and Business

CLOSING ARGUMENT Ifeoma Ajunwa ’07 on how genetic databases hold risk for genetic identity theft and privacy invasion

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IN BRIEF NEW CLINICS FOCUS ON RACIAL BIAS, IMMIGRATION, CHILD ADVOCACY, DATA PRIVACY

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ith the launch of four new law clinics, USF School of Law expanded the practical training opportunities that are central to students’ academic experience.

The Racial Justice Clinic, the first of its kind in the nation, is a unique collaboration with the San Francisco Public Defender’s Office aimed at helping rectify racial bias in bail proceedings. This pilot program is a component of the Criminal and Juvenile Justice Law Clinic, supervised by Professor Sharon Meadows.

“We are very excited to be working with USF School of Law to launch the nation’s first clinic devoted exclusively to racial justice litigation in the criminal justice system,” said Public Defender Jeff Adachi. “This will provide students and future lawyers with the training and skills to identify and litigate racial justice issues in areas such as bail and pretrial release, where people of color are disproportionately detained.”

Under the direct supervision of attorneys from Adachi’s office, students learn and use complex legal advocacy techniques to address racial disparities in the criminal justice system in San Francisco. Law students work with seasoned felony and misdemeanor trial lawyers to track racial disparities in bail settings; write, draft, and argue bail hearings in court; and design and implement creative strategies to reduce disparate pretrial detention and confinement of prisoners.

“I am delighted that Public Defender Jeff Adachi picked USF and the Criminal Justice Law Clinic as the site for the pilot Racial Justice Clinic,” Meadows said. “This work flows naturally from our mission—to represent those who are indigent and cannot afford to pay bail amounts set beyond their means, sometimes for no valid reason.”

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San Francisco Public Defender Jeff Adachi consults with students about a client facing homocide charges.

“ WE ARE VERY EXCITED TO BE WORKING WITH USF SCHOOL OF LAW TO LAUNCH THE NATION’S FIRST CLINIC DEVOTED EXCLUSIVELY TO RACIAL JUSTICE LITIGATION IN THE CRIMINAL JUSTICE SYSTEM.” -Public Defender Jeff Adachi The Immigration and Deportation Defense Clinic, established in the spring, has become the go-to resource for this specialty in the Bay Area and Central Valley.

Under the leadership of Professor Bill Ong Hing, the clinic represents unaccompanied alien children and women with children who have arrived at the southern border and are transferred to Northern California and the Central Valley. This fall, students

are representing approximately 70 clients in immigration proceedings at the asylum office, immigration courts, and adjudication offices of U.S. Citizenship and Immigration Services.

Students also represent minors in state probate and family law courts to seek guardianships where appropriate to qualify for Special Immigrant Juvenile Status.

The Legal Services for Children Clinic, offered this fall, prepares students to be effective attorneys for children and other vulnerable populations. Students work on guardianships, expulsion hearings, dependency cases, and immigration cases.

The Data Privacy Law Clinic will begin in spring 2016 with students studying data privacy law rules and practices in the classroom then putting them to use in externships at private corporations, public agencies, law firms, or nonprofit groups. Professor Susan Friewald, a top authority on cyberlaw, information privacy law, and internet law, oversees this clinic. n

International Summer Externships Provide Global Perspective From Europe to Asia to Mexico, 32 USF law students spent the summer working at leading firms, companies, nonprofits, and the United Nations, building lasting memories and practical legal skills as part of the school’s summer international externship program.

A new program launched in Mexico this year, with four students living and working in Mexico City. Their orientation week featured visits to the Supreme Court and the Federal Administrative Tribunal, which included examining murals that interested many students because of the failures the art evoked, not just the successes of Mexican justice. Students then externed at Centro de Derechos Humanos Miguel Agustín Pro Juárez, la Comisión Nacional de los Derechos Humanos, and Ernst & Young.

Students in the Europe intellectual property and Czech Republic programs spent orientation week together in Prague, visiting the

High Court, Parliament, and a mall where a USF LLM graduate spoke about contract law related to the mall and shop owners. In Prague and Brno, students worked at international law firm Dentons and with People in Need, one of the largest Czech nonprofits, as well as with two courts. IP students fanned out across seven cities in Europe, with some students working at IKEA in Brussels, Wragge Lawrence Graham & Co. in London, and Boehmert & Boehmert in Berlin.

And in Vietnam, students traveled to Hanoi and Ho Chi Minh City to work in prestigious law firms, including Baker and McKenzie, and with the United Nations on a variety of human rights and environmental issues. In China, students visited the U.S. Embassy in Beijing and the Supreme People’s Court to complement their externship experiences at Sheppard Mullin, Morgan Lewis, and Unitalen. n

USF law students visiting the Tribunal Federal de Justicia Fiscal y Administrativà in Mexico.

USF Representatives Serve on SF Bar Association Task Force In January 2015, the Bar Association of San Francisco convened a task force on the criminal justice system, inviting three USF School of Law alumni and two faculty to serve alongside two dozen other prosecutors, defense attorneys, law professors, judges, law enforcement officers, and others.

Sharon Woo ’90 is co-chair of the task force and chair of the body cameras and protocols subcommittee. Manny Fortes ’85 serves on the data collection subcommittee and is joined on the civilian oversight

subcommittee by Suzy Loftus ’05 and Dean John Trasviña. Professor Sharon Meadows is on the bias subcommittee.

Each committee is undertaking a comprehensive examination of current practices of the San Francisco Police Department and the surrounding Bay Area law enforcement agencies, with the goal of producing next spring a nonpartisan, comprehensive analysis of best practices. n

BASF Criminal Justice Task Force members (left to right): Sharon Woo ’90, Professor Sharon Meadows, Dean John Trasviña, Suzy Loftus ’90, and Manny Fortes ’85.

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IN BRIEF

Trademark Law Leaders Convene at USF for 6th Annual McCarthy Symposium More than 200 lawyers, policymakers, professors, and law students gathered at the University of San Francisco Sept.

26 for the sixth annual trademark law symposium sponsored by the USF School of Law’s McCarthy Institute for Intellectual Property and Technology Law, Microsoft, and the International Trademark Association (INTA).

In his keynote address, INTA CEO Etienne Sanz de Acedo highlighted major challenges facing brand owners globally, including the movement in some countries to require plain packaging without brand logos for select products, and counterfeiting of consumer goods like handbags and watches.

“Plain packaging is violating the Paris Convention and trade agreements. When we are preventing trademark owners from using their trademarks in relation to goods and services, we are denying them the fundamental rights to use their own brands,” Sanz de Acedo said. “And it makes the work of counterfeiters even easier.”

Sanz de Acedo argued that hurting brands affects not only the companies themselves, but employees and communities by detracting from the economy.

“IP-intensive industries contribute more than 40 percent to the GDP

of their countries. They contribute almost 35 percent of employment, and provide 40 percent higher wages,” he said. “These figures are strong enough to try to convince legislators of the importance of IP generally and the importance of trademarks. We should educate consumers on what trademarks bring to wages and employee welfare.”

He concluded with a call to law students to engage with the industry.

“You need to get involved, volunteer, participate in associations like INTA,” he said. “It’s not only about being great students or professionals, but we’re citizens and we have a responsibility to the society at large. We have a role to play in terms of explaining what the importance of IP is to the non-IP community.”

The day-long event featured dozens of speakers including Senior Professor J. Thomas McCarthy; Professor David Franklyn, who organized the symposium; Terri Chen, legal director at Google; Garner Weng, partner at Hanson Bridgett; and Lorelai Richie, a U.S. Trademark Trial and Appeal Board judge. Panel discussions focused on trademark law cases in the U.S., regulating online advertising, and emerging international trademark law issues. n

INTA CEO Etienne Sanz de Acedo gave the keynote address at the 2015 McCarthy Symposium.

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Dean John Trasviña, Fiona Ma, and Associate Director of the Graduate Tax Program Natascha Fastabend.

Fiona Ma’s Advice on Tax Law: Exhaust Every Argument Fiona Ma spoke about her path to representing District 2 on the California State Board of Equalization on Sept.

9 during the second annual Tax Law Lecture Series, hosted by the USF School of Law LLM in Taxation Program at USF’s downtown campus. Her advice to up-and-coming tax specialists is to know all of the detailed facts of your case because you will be asked about them, answer the specific questions asked, and make as many arguments in favor of your client as possible, even if you don’t think it will work. She described several cases in which it seemed that the law and certain facts were against the taxpayer, but in the end, the taxpayer prevailed. n

BOOT CAMP HELPS LAWYERS THINK LIKE ENTREPRENEURS­—AND VICE VERSA

T

he Entrepreneurial Ventures Legal Services Project, one of 11 clinics at the USF School of Law, hosted a boot camp on Aug. 28 for 60 students and several practicing attorneys to get a jumpstart on the essential information they need to know when getting a new venture off the ground.

Professor Bob Talbot, director of the project and several other USF law clinics, kicked off the daylong session. “We have a combination of law students and business students here, most of whom will be working on cases with real entrepreneur clients, real ambitions, and real ideas. This boot camp is meant to bring it all together, so that no matter what part you’re working on, you see how it fits into the whole.”

As part of the Entrepreneurial Ventures Legal Services Project, students provide a host of legal services to startup companies in Silicon Valley and the entire Bay Area. They also work in conjunction with USF School of Management students who provide business plan support to these clients.

Students were introduced to topics including employment considerations, intellectual property issues, entity selection, and how to begin working with startup founders. They heard from attorneys, funders, business consultants, and entrepreneurs who do the work day in and day out.

“The entire industry of starting companies has changed so dramatically,” said Bob Muh, co-founder of Sutter Securities, who spoke firsthand about what venture capitalists look for in business plans. “The last five or six years have seen the biggest change, and the biggest changes are still yet to come because of the Jumpstart Our Business Startups Act and crowd funding.”

Meenakshi Singh, president and CEO of Trivium, helped students understand Bob Muh, co-founder of Sutter Securities, business elements important to lawyers supporting startups. “With startups, spoke to Entrepreneurial Ventures Legal it’s all about telling a story and making it happen,” she said. “You need Services Project students and practicing to understand keys to profitability, including how much time it will take attorneys about what venture capitalists look for in business plans. and what steps are planned to get a company there.” n

Congratulations to the Class of 2015!

On May 23, 146 JD students graduated, alongside 12 students in the inaugural class of the LLM in Taxation program, six JD/MBA students, six LLM in International Transactions and Comparative Law students, and one LLM in Intellectual Property and Technology Law student.

The Academic Excellence Award was presented to Alexander Bukac ’15 for making an extraordinary contribution to the intellectual life of the law school. Amelia Anderson ’15 received the Pursuit of Justice Award, presented to the graduating student who best exemplifies the law school’s commitment to providing service to others. James Bell, founder, executive director, and board president of the W. Haywood Burns Institute for Juvenile Justice, Fairness and Equity, received an honorary degree and gave the commencement address. n

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IN BRIEF

MOLLY MORIARTY LANE ’90 NAMED ALUM OF THE YEAR

D

uring the Alumni Graduates Dinner at the Mark Hopkins Hotel May 20, hundreds of alumni, students, and faculty toasted the Class of 2015 and honored Molly Moriarty Lane ’90 as Alum of the Year.

The award recognizes her outstanding professional achievement and dedication to the law school.

Lane, managing partner of Morgan Lewis’ San Francisco office, has 25 years of complex litigation experience. She defends clients in class action suits and handles their general commercial dispute litigation, counseling clients in every stage of the litigation cycle.

She is president of USF School of Law’s Board of Counselors, and previously served on the Board of Governors.

“It really came down to one word for me, and that was community,” she said in her reflection on what USF means to her. “My class of 1990 went through so much together, but

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the one thing that really stood out was the way we supported each other, and didn’t compete against each other—that really is the hallmark of USF.”

“ T HOSE OF YOU WHO ARE GRADUATING THIS YEAR, I URGE YOU TO DO WHATEVER YOU CAN TO BE A PART OF OUR ALUMNI COMMUNITY. YOU’LL MEET INCREDIBLE MENTORS, COWORKERS, AND FRIENDS, AND IT WILL ENRICH YOUR CAREER.” - Molly Moriarty Lane ’90

She also spoke of the USF law professors and deans who create the culture of cooperation and have a passion for the law. And most importantly to her, she feels privileged to be a part of the USF law alumni community.

“Those of you who are graduating this year, I urge you to do whatever you can to be a part of our alumni community,” she said.

“You’ll meet incredible mentors, coworkers, and friends, and it will enrich your career.”

The USF School of Law graciously acknowledges event benefactors Hanson Bridgett LLP, Morgan Lewis LLP, and FerrariCarano Vineyards and Winery; event patrons The Arns Law Firm, Kaye Moser Hierbaum LLP, and Miller Sabino & Lee, Inc., Legal Placement Services; and event sponsors The Brandi Law Firm, Murphy Pearson Bradley & Feeney, Nixon Peabody LLP, and Trombadore Gonden Law Group LLP. n

Job Shadow Program Opens Doors to Professional Opportunities Twenty first-year USF law students got an inside view of the daily life of a lawyer this March through the new Opening Doors 1L Spring Break Job Shadow Program, sponsored by the Justice and Diversity Center of the Bar Association of San Francisco and USF School of Law. Designed for students who have had limited exposure to professional legal settings, participants shadowed a lawyer at a private law firm, government agency or court, in-house corporate legal department, or nonprofit organization.

“Our students were able to observe firsthand the work done by attorneys in some of the most successful legal organizations in the Bay Area and begin to make key career connections,” said Johanna Hartwig, assistant dean for career planning and legal commu-

nity engagement. “That USF was selected to pilot this exciting new program reflects the school’s commitment to providing students the practical experiences that will help them launch successful careers.”

Students fanned out to 17 different placements, including Keker & Van Nest, Seyfarth Shaw, Earthjustice, the First District Court of Appeal, and the San Francisco District Attorney’s Office.

Kelcey Phillips 2L was paired with Michael J. Sears, vice president and senior counsel in Bank of the West’s legal department. She had a number of one-on-one meetings with senior executives, observed business and legal meetings, attended oral arguments before the Court of Appeal, and socialized with legal colleagues over lunch.

“I did not realize how many

Job shadow partners: Bank of the West’s Michael Sears and Kelcey Phillips 2L.

aspects there were to a bank’s legal department,” she said. “This experience further piqued my interest in employment law, and I was also able to make connections with the other attorneys in the office and increase my network.”

For Sears, the experience built on Bank of the West’s strong

advocacy for greater diversity within the legal profession. “Our legal team enjoyed spending time with our guest law student, Kelcey Phillips,” said Sears. “We hope that we gave her some insight into the wide range of legal issues that arise within an in-house legal department.” n

USF Joins New Incubator Training Attorneys for Solo Practices USF School of Law joined the Bay Area Regional Incubator Project, a new collaboration of law schools and bar associations training lawyers to create practices providing affordable legal services. In January, the project received a $45,000 seed grant from the California State Bar’s Commission on Access to Justice.

The program aims to support those in need of legal services while providing long-term employment for recent law graduates. In the Bay Area especially, there is a pressing need to increase the availability of affordable legal assistance for those who are over-income for legal aid but cannot afford full-fee attorneys.

The project will train attorneys on how to build and maintain a modest-means practice, thereby creating a steady supply of solo and small-firm attorneys committed to providing

services on a low-fee or sliding scale basis.

“We are delighted to partner with the Alameda County Bar Association and other local institutions to offer selected graduates the training and support to succeed as they start

THE PROGRAM AIMS TO SUPPORT THOSE IN NEED OF LEGAL SERVICES WHILE PROVIDING LONG-TERM EMPLOYMENT FOR RECENT LAW GRADUATES. their own legal practices,” said Dean John Trasviña. “Collaborations like these make

legal services available to communities and families across California.”

Over two years, participants will receive extensive support, mentoring, and education to build their solo or small firm practices, including a combination of pro bono placements, classes, and case work. They will receive a small stipend for the first six months, then will earn income from their cases as their practices grow.

The project is a collaboration among the Volunteer Legal Services Corporation, the Alameda County Bar Association, and law schools at USF, UC Hastings, Santa Clara University, UC Berkeley, and Golden Gate University. Other partners include the Contra Costa Bar Association, the Bar Association of San Francisco, the Alameda County Law Library, and legal services providers. n

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IN BRIEF

#USFLAW

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Stay connected with USF School of Law on social media.

Tag your posts to share your #usflaw moments!

JULY 2015 Laura Neacato 3L won this year's Medal of Excellence from the American Bankruptcy Institute for outstanding performance in her bankruptcy course work.

Professor Bruce Price, who nominated her for the award, says, "Laura has an intuitive and thoughtful understanding of the myriad issues of bankruptcy law. She will be an amazing addition to the Bankruptcy Bar and I look forward to following her progress after law school."

AUGUST 2015

JULY 2015

Elizabeth Murphy ‘88, former SF Giants counsel, offered words of wisdom to new 1Ls during orientation. #USFLaw #USFCA

Welcome to the new #USFlaw Class of ‘18 students who joined us on campus today for our Summer Bridge Workshop! This program is just one part of the comprehensive academic support services we offer all our students.

JUNE 2015 Congrats #usflaw alums who passed the Feb. #barexam! @SFSuperiorCourt Judge Mary E. Wiss ‘81 swore in many of them.

MAY 2015 #USFLaw Dean John Trasviña congratulated 1,100 people from 113 countries when they took their citizenship oath in Oakland. He said, "We welcome you as new citizens. Immigrants strengthen and reinvigorate our nation in countless ways.

Today, all Americans benefit from the legal gains won by the Chinese immigrants in the 1800s who went to the U.S. Supreme Court for equal protection in Yick Wo v. Hopkins and German immigrants in the early 1900s who gained U.S. Supreme Court recognition of privacy, education, and family rights."

APRIL 2015

APRIL 2015 What's it take to be in-house counsel at a Bay Area sports team? General counsels from all six Bay Area sports teams talked about emerging issues and how to break into the field, as part of "Representing the Pros" on March 31 at #USFLaw. Read more: bit.ly/1xEuV8Q

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Congratulations to the ten #USFlaw students who received $4,000 Public Interest Law Foundation grants to support their work in public interest positions this summer!

MOOT COURT COMPETITION TEAMS WIN BIG AT NATIONAL AND REGIONAL LEVELS

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n the school’s first year fielding a team in the American Bar Association Law Student Tax Challenge, USF students Aaron Miki ’15 and Mikkela Sweet ’15 won first place in the oral portion of the national JD competition in January.

Miki and Sweet beat out 67 other teams’ written submissions from across the nation, and were one of only six semifinalist teams invited to present before distinguished panels of judges and practitioners in Houston on Jan. 30. This year’s competition featured complex procedural and substantive tax questions, and required teams to advise a client on how to address issues relating to deductions taken and reported income.

The team participated through the Tax Moot Court course offered to JD and LLM students through the LLM in Taxation program. They were coached by Adjunct Professor Davis Yee, a special trial attorney with the Office of Chief Counsel for the IRS, where he represents the commissioner of internal revenue in significant cases before the U.S. Tax Court.

The tax moot court team was among several USF teams to receive honors in seven competitions throughout the 2014-15 academic year, including the Thomas Tang National Moot Court Competition and the National Criminal Trial Advocacy Competition.

“ W HILE OUR RESULTS ARE GREAT, THE PROGRAM IS REALLY ABOUT THE ORAL AND WRITTEN ADVOCACY SKILLS STUDENTS GAIN PREPARING FOR THE COMPETITION. THESE SKILLS DIRECTLY ABA Law Student Tax Challenge winners Aaron Miki ’15 and Mikkela Sweet ’15 with Adjunct Professor Davis Yee.

“While our results are great, the program is really about the oral and written advocacy skills students gain preparing for the competition,” said Assistant Professor and Director of Moot Court Programs Amy Flynn. “These skills directly translate into jobs for our students.”

Cecilia Fierro ’15, who participated in the National Criminal Trial Advocacy Competition, was offered an opportunity during her 3L year to join the Contra Costa Public Defender’s office as a graduate law clerk soon after graduating.

“Participating in the Moot Court Program

TRANSLATE INTO JOBS FOR OUR STUDENTS.” – D irector of Moot Court Programs Amy Flynn

provided me with ample opportunities to hone my oral argument skills and develop the ability to speak knowledgeably and confidently in the courtroom,” she said. “Perhaps most importantly, I have been able to meet some amazing practitioners who volunteered as guest judges for the program. They have been fabulous resources who have taught me a lot and served as valuable mentors and references.” n

UPCOMING EVENTS NOVEMBER 10

JANUARY

MARCH

MCLE Event on Elimination of Bias or Mindfulness, San Francisco

Alumni Receptions, New York and Washington, D.C.

Alumni Student Mixers, Various Locations

DECEMBER 4

JANUARY 29

Bar Swearing-In Ceremony, University of San Francisco

DECEMBER 8 Alumni Holiday Party, San Francisco

USF Law Review Symposium on Affordable Housing, University of San Francisco

FEBRUARY 25

MARCH USF at SF Giants Spring Training, Arizona

MAY 18 Alum Grad Dinner, San Francisco

Pemberton Lecture on Workplace Justice, 9th Circuit Court of Appeals, San Francisco WWW.USFCA.EDU/LAW

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IN BRIEF

ONE TO WATCH: KATIE MORAN 3L Katie Moran was drawn to USF School of Law for the experiential learning opportunities that are helping prepare her for a career as a district attorney. With her eye on litigation, she has participated in the Intensive Advocacy Program and won the Advocate of the Year Competition. She is an Academic Support Program tutor, a McAuliffe Honor Society member, and an Arthur C. Zief Jr. Scholarship recipient. After graduating from UC Santa Barbara, she joined Teach for America and spent four years teaching special education at San Francisco’s Balboa High School. This past summer, she worked at the Contra Costa District Attorney’s Office.

Did you dream of being a lawyer as a child?

No, and here’s why: In fifth grade, all the girls in my class came with me to the Marin County Court House for Take Your Daughter to Work Day (none of the other girls had moms who worked). Back then, my mom—Judge Lynn Duryee ‘79—was managing a difficult criminal calendar. As I watched her as she engaged with lawyers, defendants, and police officers from the bench, I was simultaneously so proud of her and so terrified of her. She asked me what I thought afterwards and I replied, “Mom, you were really scary!” Little did I know, in her own mind, she’d been extra nice that day and smiled way more than usual.

What is one of your most memorable experiences at USF? Advocate of the Year Competition finals! Going up against one of my closest friends, Alex Taufer 3L, with all of our friends and family present was a rush.

How do you plan to use your law degree?

I will be a post-bar law clerk at the Contra Costa District Attorney’s Office starting in August.

Which class has challenged you the most?

The Intensive Advocacy Program was both grueling and incredible.

Program Director Doris Cheng ’98 brought in a great faculty, and it was the hardest and most rewarding experience at USF. After completing my first trial at the close of the first week, I was certain that this was the type of work I wanted to do. We’re so lucky to have a program like that.

What is your favorite way to de-stress as a law student?

I run in the Presidio almost every day before or after class and surf on Fridays in Pacifica.

Do you have a law school pet peeve?

Talking in the library—except for when my friends do it.

What advice would you give new law students?

Law school is a job—treat it as such. That means work hard from 8 a.m. until 5 p.m., and then go home and disconnect. Have a great meal with friends, exercise, and watch that show you’re embarrassed to admit you watch on Netflix. And then start your next day fresh at 8 a.m., ready to do it all again. n

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PRESS CLIPPINGS “ It’s a huge setback as compared to the decision it vacated.”

Professor Susan Freiwald in Wired about the 11th Circuit Court’s decision that leaves cell phones open to warrantless tracking.

“ Unchecked executive action has led to civilian deaths and world reaction that arguably does more harm than good to American interests.”

Professor Emeritus Jeffrey Brand in an op-ed he co-wrote in the New York Times’ Room for Debate proposing a drone court.

“ Ending birthright citizenship would call into question the citizenship of millions of people born here, irrespective of the legal immigration status of the parents.

Because it is settled law and courts tend not to narrow the scope of protection of the Constitution, it is unlikely that this would ever happen.”

Dean John Trasviña in an NBC News article about legislative and other efforts to end birthright citizenship.

“ No matter how good competition is, this doesn’t justify abuse of monopoly power under European law.”

Professor and Director of the McCarthy Institute for Intellectual Property and Technology Law David Franklyn in TechNewsWorld on the European Commission’s charging Google with an array of antitrust violations.

“ Without a record of the full interrogation, it is hard to know whether investigators coerced a suspect. Such a recording also can show whether investigators may have contaminated a confession by either purposely or inadvertently feeding details of the crime to the suspect.”

Professor Richard Leo in the New York Law Journal on the importance of videotaped interrogations.

“ San Francisco is a safer place now because of the Due Process for All ordinance. It’s safer because the immigrant community trusts the police department.” rofessor Bill Ong Hing in a Los Angeles Times P article about how sanctuary cities and Kathryn Steinle’s death intensified the immigration debate.

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FACULTY FOCUS ON THE RECORD

PROFESSOR TIM IGLESIAS DISCUSSES AFFORDABLE HOUSING

Professor Tim Iglesias specializes in the legal issues surrounding fair housing. He was recently appointed to the California Fair Employment and Housing Council. He co-edited a book about affordable housing development law and has published numerous articles in academic journals. Read his scholarly work at ssrn.com/author=332764.

Why do you focus on housing?

My interest is both professional and personal. From an academic perspective, I find housing endlessly fascinating because it has so many dimensions. Law and policy view housing using many lenses, including as an economic good, as home, and as a human right.

Empirical studies demonstrate that where we live affects our social and economic mobility through its effects on education, employment, cultural opportunities, health, and safety. On a personal level, my family moved about every two years when I was a child, and I’ve worked in numerous homeless shelters. So I appreciate the benefits of stable housing.

How is the recent California Supreme Court ruling on affordable housing development going to change our communities?

In California Building Industry Association v. City of San Jose, the California Supreme Court did a masterful job of clarifying the law regarding inclusionary zoning in California. It held that such ordinances, which require a given share of new construction to be affordable by

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FACULTY SCHOLARSHIP people with low to moderate incomes, are a type of ordinary land use regulation that is subject to the rational basis test, not any stricter judicial scrutiny. More than 170 localities in California already have some kind of inclusionary zoning ordinance. This opinion gives a green light to more local jurisdictions to enact them. While inclusionary zoning is not a complete answer to our housing crisis, it is a very flexible tool that can help many communities.

What is still needed to make more affordable housing available in California?

There is no market mechanism that ensures that wages will keep up with rents and home prices, so the government must be involved. The federal government substantially cut subsidies for affordable housing in the Reagan era; it has to re-engage in a serious way. States can help by requiring cities to use their land use authority to help serve all economic sectors and types of housing needs.

Homeowners need to take a second look at the need for affordable housing in their communities—including for their own children—and stop opposing multi-family developments. Contemporary nonprofit affordable housing is well-designed and professionally managed; it’s an asset to a community. Ironically, the negative stereotypes about affordable housing persist precisely because the newer affordable housing fits so well into the neighborhood that it goes unnoticed.

The USF Law Review Symposium on Jan. 29, 2016, will be revisiting housing rights in the context of contemporary housing problems.

Why should alumni join us for the symposium?

Recently, it’s become well-recognized that the housing crisis affects middle class folks as well as low-income households, seniors, and people with disabilities. The effect on the middle class signals a “new moment” in the housing crisis that may open up new possibilities in law and policy. The symposium will bring housing scholars, legal practitioners, and policy analysts together to consider what this new moment might mean for revising current housing rights and creating new ones to address housing problems, such as affordability, stability of tenure, discrimination, and bad location. Alumni—who with their families and their friends may be caught in the crisis—have the opportunity to understand the problems better, gain a critical perspective on current laws, and get a glimpse of possible future solutions. n

PROFESSOR EMERITUS JEFFREY BRAND was appointed a judge in the Alameda County Superior Court by Gov. Jerry Brown.

He authored a blog post, “The Steep Price of Executive Power Post 9/11: Reclaiming Our Past to Insure Our Future,” for the Global Justice Blog. He published “Eavesdropping on Our Founding Fathers: How a Return to America’s Core Values Can Help Solve Today’s Surveillance Crisis,” in the Harvard National Security Journal. And his chapter “A Drone Court to Rein in Executive Overreach?” will be included in the forthcoming book, The Legitimacy of Drones: Legality, Morality and Efficacy of UCAVs for Cross-Border Counterterrorism.

PROFESSOR AND ASSOCIATE DEAN FOR ACADEMIC AFFAIRS JOSHUA DAVIS was cited by the U.S. Court of Appeals for the First Circuit in the case AstraZeneca AB, et al., v. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. The decision holds that a class may be certified even if it contains uninjured members.

PROFESSOR CONNIE DE LA VEGA was a panelist on “U.S. Universal Periodic Review” at the Human Rights Council in Geneva, Switzerland.

She also moderated “Guantanamo and Accountability for Torture,” and co-presented with Special Rapporteur on Torture Miguel Mendez, Professor Peter Jan Honigsberg, and Jamil Dakwar of the American Civil Liberties Union. Her article “The Promotion of Economic, Social and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: CRC, CEDAW, CERD, & CRPD” was published in the St. Louis Global Studies Law Review.

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FACULTY FOCUS PROFESSOR EMERITUS JOHN DENVIR founded guileisgood.com, a blog on legal issues.

His article “Guile is Good: The Lawyer as Trickster” will be published by USF Law Review. The forthcoming book, Law and Popular Culture: International Perspectives, edited by Michael Asimow, Kathryn Brown, and David Papke, will include his chapter, “Seeing the Big Picture: Why Law Fails in The Wire.”

PROFESSOR EMERITUS JAY FOLBERG delivered a lecture on “The Development of Mediation in the United States and in India” to the Delhi Dispute Resolution Society meeting at the High Court in Delhi, India, and presented “Future Directions in Dispute Resolution” at an Ohio State University Moritz College of Law symposium. He also traveled to Bangalore, India, to provide a week-long course in commercial mediation for lawyers. The training, sponsored by the Center for Advanced Mediation Practice, was the first of its kind in India. In attendance were 25 lawyers who have served as corporate general counsel, senior attorneys, and retired judges.

PROFESSOR DAVID FRANKLYN co-authored the article “Trademarks as SearchEngine Keywords: Who, What, When?” with University of Illinois College of Law Professor David A. Hyman, which will be published by the Intellectual Property Law Review.

PROFESSOR SUSAN FREIWALD testified before the California State Senate Public Safety Committee as the academic expert in support of CalECPA, SB 178, a bill to reform California’s electronic privacy laws. She also authored a letter signed by 18 scholars in support of the bill. She was a panelist on “Data? Metadata? Third Party Data?” at the Symposium on Government Access to Data in the Cloud at New York University School of Law, and “Technological Advances and Criminal Procedure” at the Privacy, Technology, and the Law Symposium at University of Michigan Law School.

PROFESSOR TRISTIN GREEN authored “On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the ‘Monell Analogue’” in Boston University Law Review, and “Viewpoint: Pao Jury Overlooked Culture Question” in The Recorder.

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PROFESSOR BILL ONG HING presented “Immigration in the Northern District: Then and Now,” for the Historical Society of the U.S. District Court for the Northern District of California, and “The Pressure is On: Criminal Defense Counsel Strategies After Padilla v. Kentucky,” at a University of Denver Law Review Symposium on criminal and immigration law. He also moderated “Practicing Immigration Law and the President’s Executive Action,” at the Bay Area Asian Pacific American Law Student Association Annual Conference.

PROFESSOR PETER JAN HONIGSBERG wrote the op-ed piece “Will the Last UK Resident Be Released from Guantanamo Next Month?” for JURIST. He authored the blog articles “How Guantanamo Was Chosen” and “I Live In Slovakia but Am Still in Guantanamo,” published by The Huffington Post and American Constitution Society. He presented “The Witness to Guantanamo Project: Its Evolution and Early Challenges Confronting the Project” at the U.S. Human Rights Council in Geneva, Switzerland, and at Harvard Law School.

ASSISTANT DEAN FOR STUDENT AFFAIRS GRACE HUM moderated “Social Justice Entrepreneurialism” at the 17th Annual Trina Grillo Public Interest and Social Justice Law Retreat at Santa Clara University School of Law.

PROFESSOR TIM IGLESIAS was appointed by Gov. Jerry Brown to the California Fair Employment and Housing Council. He moderated “Experiential Learning and Launching Your Own Practice” at the 17th Annual Trina Grillo Public Interest and Social Justice Law Retreat at Santa Clara University School of Law. He presented “Inclusionary Zoning: Serving Both Affordable Housing and Fair Housing Goals” at Washburn University School of Law and “Inclusionary Zoning: Opportunities & Risks” at the conference Housing Equality: The Big Picture in Marin County.

PROFESSOR ALICE KASWAN presented “Cooperative Federalism and Adaptation” at a conference at George Washington University Law School; “Climate Change Adaptation and Justice,” at the Berkeley Law Environmental Colloquium; and “The Clean Power Plan and Co-Pollutant Benefits” at the Stegner Symposium at the University of Utah. She also participated in the U.S. Supreme Court panel at the ABA Super Conference on Environmental Law in San Francisco.

HAMILL FAMILY CHAIR PROFESSOR OF LAW AND SOCIAL PSYCHOLOGY RICHARD A. LEO presented “False Confessions: The Psychological Science,” at the American Psychology Law Society in San Diego. He completed his forthcoming book, The Innocence Revolution: A Popular History of the American Discovery of the Wrongfully Convicted. His article “Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror” will be published in the forthcoming book Torture, Law, and War: What Are the Moral and Legal Boundaries on the Use of Coercion in Interrogation?

PROFESSOR RHONDA MAGEE was a panelist on “Facilitating Inclusion from the Inside Out” at the National Association of Law Placement’s annual education conference in Chicago. She presented “Closing Thoughts on Hiraeth in the Western Addition” at the Hiraeth exhibition in San Francisco.

She gave the keynote address “Breathing Together Through ‘I Can’t Breathe’: The Ethics and Efficacy of Mindfulness in Working for Justice for All,” at the Center for Mindfulness annual conference. Her article “The Way of ColorInsight: Teaching and Learning Race and Law Through MindfulnessBased ColorInsight Practices” will be published in Georgetown Journal of Law and Modern Critical Race Perspectives.

PROFESSOR MAYA MANIAN presented “Side Effects of the Abortion Wars” at Columbia Law School Center for Gender and Sexuality Law. Her work “Minors, Parents, and Minor Parents” was selected from a call for papers, which she presented at the Children and Law Section of the Association of American Law Schools annual meeting. The Supreme Court of Illinois cited her article “Functional Parenting and Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation.”

SENIOR PROFESSOR J. THOMAS MCCARTHY was cited for the 11th time by the U.S. Supreme Court for his treatise, McCarthy on Trademarks and Unfair Competition in the court’s decision in Hana Financial, Inc., v. Hana Bank. At the 2015 USC Intellectual Property Institute in Los Angeles, he spoke on recent developments in trademark and right of publicity law.

PROFESSOR SHARON A. MEADOWS was re-elected to a sixth term as president of the board of directors of the First District Appellate Project, which provides appellate services to indigent persons in the first appellate district of California.

HERBST FOUNDATION PROFESSOR OF LAW JULIE A. NICE wrote “That Same Ennoblement—Is It Too Much to Ask?” for the American Constitution Society Blog. She was interviewed by KCBS Radio about the Supreme Court’s Hosanna-Tabor decision, which held that the First Amendment’s religion clauses require a “ministerial exemption” that bars “ministers” from claiming that a religious employer discriminated against them. Her chapter, “A Sweeping Refusal of Equal Protection: Dandridge v. Williams,” will be included in the forthcoming book, The Poverty Law Canon.

PROFESSOR MARIA LINDA ONTIVEROS published “The Fundamental Nature of Title VII” in the Ohio State Law Journal. She authored the forthcoming book, Employment Discrimination Law: Cases and Materials on Equality in the Workplace.

PROFESSOR BRUCE M. PRICE wrote “The Elephant in the Admissions Office: The Influence of the U.S. News & World Report on the Rise of Transfer Students in Law Schools and a Modest Proposal for Reform” for USF Law Review.

DEAN JOHN TRASVIÑA became a board member of the Paul Simon Public Policy Institute.

He received the Hispanic National Bar Association 2015 Ohtli Award. He led the workshop “Advancing Civil Rights Through Law,” at the All Things Law Day event at San Francisco State University. At the Hispanics in Philanthropy Conference, he was a panelist on “Celebrate Giving, Strengthen Latino Leadership.” He was a keynote speaker at the Latino Recognition Ceremony 2015 and the Annual Patiño Banquet; presenter at the International Latino Book Awards; and a panelist for the Community College to Law School Pathway Initiative at the California Law Academy Support Council.

PROFESSOR AND ASSOCIATE DEAN FOR FACULTY SCHOLARSHIP MICHELLE TRAVIS was a signatory on an amicus brief, “Brief of Law Professors and Women’s Rights Organizations as Amici Curiae in Support of Petitioner,” that was cited in Justice Kennedy’s dissent in Young v. U.P.S. She presented “Disqualifying Universality Under the Americans With Disabilities Act Amendments Act,” at the Michigan State University College of Law symposium, Persuasion in Civil Rights Advocacy. She was also the co-organizer of the second annual Workplace Law Scholars’ Writing Collaborative.

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In a global economy where everything is connected, taxes are everyone’s experts from USF’s new graduate tax program tackle the myriad

As told by Leslie Gordon

When it comes to taxes, everyone has an opinion.

Yet, in the words of Albert Einstein, “The hardest thing in the world to understand is the income tax.”

And income tax is just the beginning—tax law affects everything from the private and government sectors to nonprofit organizations and individuals. Tax law issues arise in corporate law with every merger and acquisition, in employment law with every hire or fire,

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and in intellectual property law with every new patent or potential infringement.

“Since taxes are ubiquitous, so are the implications of tax law,” says Natascha Fastabend, associate director of USF’s new graduate tax program, which launched last year with nearly 30 lawyers and accountants working toward either an LLM in Tax or a Master of Legal Studies in Taxation. “Tax law is technical and creative,

business. Here, leading implications of tax law.

which makes the graduate tax program necessary and meaningful for so many legal professionals.”

The new graduate tax program highlights USF School of Law’s growing expertise in the field. Here, several of our leading faculty—both full-time professors as well as adjuncts who maintain thriving tax practices—tackle big questions about the breadth and depth of tax law’s implications on the economy and our society.

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How can families maximize tax benefits for future generations of their family?

W Robin Klomparens Partner at Wagner Kirkman Blaine Klomparens & Youmans LLP and Adjunct Professor

hen counseling clients about transferring wealth from one generation to another, there are actually multiple types of taxes to take into account, including income, estate, gift, generation-skipping, and property taxes. For example, if an individual wants to transfer real property, certain methods could trigger property tax reassessment in California, which could make that person’s property taxes go up more than $50,000 a year. Other transfers could inadvertently trigger a generation-skipping tax. For instance, great-nieces and -nephews are considered a skipped generation so estate planning documents shouldn’t lump nieces and nephews together with great-nieces and -nephews. Other times, people use entities, such as a limited liability corporation, to transfer wealth. But there, too, are tax traps if you put securities or property into LLCs that don’t meet certain requirements. So while people think of estate planning as simply transferring wealth, it’s actually quite complicated.

Wealthy families will inevitably incur estate tax so it’s

the lawyer’s job to minimize that. For example, let’s say an individual wants to donate to USF. They may be debating whether to gift the university cash or retirement funds.

There may be tax benefits to giving one versus the other.

So it’s a matter of transferring the right asset to the right person. The same is true when looking at family—you don’t want to look at the family as one unit. Instead, you want to assess every family member’s income-tax bracket because you may decide to transfer a growth asset to one family member but an income-producing asset to another, while still minimizing taxes overall.

Being mindful of tax issues is very important, but it’s equally important to listen to clients’ needs. Sometimes a client desires a certain result regardless of the tax consequence.

In other words, some individuals may be willing to pay taxes in order to meet other goals such as minimizing the chance of audit. Similarly, other clients may feel that preserving resources inside a trust for a beneficiary is more important than incurring a larger tax bill.

Successful Inaugural Year for Graduate Tax Program When the graduate tax program launched last year, the university expected about eight students to enroll. Instead, nearly 30 lawyers and accountants signed up to earn an LLM in Taxation. Professionals from as far away as Sacramento and Silicon Valley eagerly dove into this innovative, hybrid program, which enjoyed “a great inaugural year,” says Associate Director Natascha Fastabend.

The graduate tax program, which now also includes a Master of Legal Studies in Taxation (MLST), features two full-time faculty and several adjunct professors who are working tax or estate planning practitioners. After the MLST students complete an introductory legal theory course, they’re funneled into the same classes with lawyers, which creates a rich diversity of perspectives for discussions. The program’s students—50 percent of whom are women—are also given the opportunity to gain practical experience by handling cases for the Tax Appeals Assistance Program, which assists low-income taxpayers.

Perhaps the most persuasive proof of the program’s value: more than 75 percent of the 13 new graduates had full-time jobs by May, including at Andersen Tax, Deloitte, Ernst & Young, and boutique law firms.

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“USF’s LLM in Taxat ion accelerated my desirabilit y in the job market and helped me start a promising career in tax. Additionally, because the program was so small, I not only made lifelong career connect ions, but lifelong friends as well.”

Sean G. Dugan ’15 Associate, Andersen Tax

F

How can taxes affect inequality and social justice?

ewer tax loopholes for the wealthy and large corporations would help stem inequality. A progressive tax system—taking into account all taxes and all kinds of economic income at all levels of government—would help. A good estate and gift tax would help by breaking up the kind of family dynasties that make up much of the 1 percent. Imposing taxes on wealthy individuals when their property increases in value, rather than waiting until they sell the property to tax them or letting them just hold the property until they die to avoid income tax altogether on their property appreciation, would similarly help.

Enacting taxes to take from the rich are not the only—or even the most effective— way to make society more equal. Minimum or maximum wages, required physical and mental health care for all, and required good education for all would all help us move toward equality. Yes, these might have to be funded by taxes of some kind, but the focus would not necessarily be on “taking” from the rich so much as it would be on providing good services to those who are not rich.

Sometimes other kinds of laws can affect equality more than tax laws.

For example, if you have one wealthy person who owns a lot of property and uses it for manufacturing and pollutes the environment, people owning smaller bits of land near that area may be getting poorer and poorer. In that case, the regulation of pollution and manufacturing are probably more useful than taxation in equalizing.

Joshua Rosenberg So when people think about ways to bring about more equality, people think about Professor taxes but other kinds of laws also contribute.

Still, tax laws can, of course, be used to bring about social justice. For example, if the government is concerned about racial, ethnic, or gender discrimination in hiring, it could tax corporations whose workforces aren’t diverse or give tax deductions to corporations with workforces that are representative of the relevant population. Similarly, Sen. Daniel Patrick Moynihan believed we could reduce gun violence by imposing a tax on bullets. I tend to think that whatever kind of tax you have, it changes people’s behavior. It’s kind of like a toll. Taxing unhealthy products like sugary drinks, tobacco, and alcohol have helped. It’s virtually impossible to impose a tax without changing behavior.

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What are the most common mistakes people make in their taxes that result in an audit?

Steven Walker Attorney at Law Offices at Steven L. Walker and Adjunct Professor

A

s the complexity of a tax return increases, individuals should think carefully about having a certified public accountant prepare the return as opposed to doing it themselves. If there is an issue with the return, individuals have a far better chance of penalty abatement if they used a CPA and relied on that person in good faith. I tell my clients that using a CPA is cheap insurance because the potential IRS penalties usually far exceed the amount it costs to have a CPA prepare the tax return in the first place.

For individuals, common tax return mistakes include not accurately reporting all 1099 information. If an individual’s tax return does not match the IRS’s information, that’s a red flag.

As part of that, individuals should be sure to report all income from brokerage accounts. If your interest income isn’t reported, the IRS will know that it’s missing from your tax return. It’s correctable, but if there are other issues, that could be problematic. Individuals should also be clear on the reporting rules regarding foreign bank accounts.

For businesses, there are two things that they should do to avoid an audit. First, they should be diligent about maintaining accurate records. Second, businesses should have two other systems in place: a bookkeeper (do not do QuickBooks yourself) and a CPA or enrolled agent who reviews the business’s books on a quarterly basis.

Similarly, both businesses and individuals should strictly adhere to the rules related to real estate. The IRS may limit the ability to claim losses. That is, there are tax rules that limit losses being used to offset income when real estate expenses exceed income. It can be a trap for the unwary if you’re unfamiliar with those rules.

Adjunct Professor Dominic Daher Wins Prestigious Tax Award Adjunct Professor Dominic L. Daher received the National Association of College and University Business Officers’ (NACUBO) Tax Award at the organization’s annual meeting this year in Nashville, Tenn.

Daher, director of internal audit and tax compliance for the University of San Francisco and an adjunct professor in USF’s LLM in Taxation and Master of Legal Studies in Taxation programs, was honored for his outstanding commitment to NACUBO’s tax advocacy efforts, education programs, and publications focusing on higher education tax compliance and administration.

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“Dom Daher exemplifies the far-reaching nature of tax law in our society,” said Dean John Trasviña. “Dom has played a significant role in the successful inaugural year of our tax LLM program. We are very pleased that NACUBO has recognized Dom’s supreme devotion to the education and professional success of our students.”

In 2005, Daher received the law school’s Outstanding Faculty of the Year Award. He is the co-author of a leading treatise on federal tax law and author of more than 40 published articles and books that deal with various aspects of federal tax law and accounting issues, including one that has been cited in a report to the United States Congress by the National Taxpayer Advocate and quoted in Forbes.

Dan Lathrope E.L. Wiegand Distinguished Professor in Tax and Academic Director of the LLM in Taxation Program

Do corporate inversions help or hurt the U.S. economy?

T

here are several forces behind foreign takeovers of U.S. corporations, which are broadly referred to as “corporate inversions.”

Many countries have significantly lower corporate tax rates than the U.S. Also, while the U.S. taxes its corporations on their worldwide income, other countries tax corporations only on income earned from sources within that country. Under that kind of “territorial” system, income earned abroad from an active business generally bears no additional tax when it’s repatriated.

The corporate inversion phenomenon is partly about seeking to improve the tax results of U.S. firms with foreign operations. Suppose a U.S. company has overseas operations or it has locked-out foreign profits. That U.S. company may be a more attractive candidate for a takeover by a foreign corporation seeking to expand than a domestic suitor. A foreign corporation might be able to reduce the taxes on the U.S. partner’s future foreign profits and repatriate the U.S. company’s locked-out profits without additional tax.

Several highly publicized takeovers of U.S. firms by foreign corporations have involved Canadian companies, including, for example, the acquisition of Burger King by the Tim Horton chain.

While Canada isn’t necessarily a tax “haven,” it generally doesn’t tax overseas business profits and does often allow repatriation of foreign profits without additional tax. So while these acquisitions had a business justification, it’s also clear that tax advantages were sought to improve after-tax returns.

The question remains: are inversions good or bad for the economy?

Inversions often result in a reduction in U.S. employment when operations are combined and “headquarters” are relocated offshore. So that’s not positive. The real issue is what can be done to stem the tide of inversions. One school of thought is to enact legislation to make it more difficult to reclassify U.S. entities or operations as “foreign.” The other approach is to reform the U.S. tax system by reducing corporate tax rates and ending the incentive for lock-out of foreign profits. The issue is on Congress’s radar, and I expect legislative action in the near future, perhaps as part of more comprehensive tax reform. n

USF–Andersen Tax Partnership Grows LLM Enrollment, Post-Grad Employment USF School of Law and Andersen Tax launched an exclusive partnership last year in which the accounting firm’s employees may earn a USF LLM or Master in Legal Studies in Taxation (MLST) by taking courses conveniently located in the firm’s downtown San Francisco office. All students in the USF LLM and MLST programs have the opportunity to take select courses at the Andersen offices to develop and hone their skills and maximize career and networking opportunities.

The inaugural LLM in Taxation class included nine Andersen Tax students last year, and the partnership continues this year with 4 LLM and 8 MLST students.

Five members of the inaugural class held internships at Andersen Tax and since were hired by the firm.

“Andersen Tax is excited to be partnering with USF School of Law and its LLM and MLST programs,” said Frank Cassidy, managing director at Andersen Tax. “USF School of Law has one of the top tax programs in the nation, and having our people obtain their LLMs and MLSTs from USF will only further enhance our ability to serve our clients in a best of class manner.”

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“You Have to Learn to Be a Leader” Sal Torres ’88 places law at the center of his eclectic career

By Samantha Bronson

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G

onzalo “Sal” Torres ’88 was on track to become a clinical psychologist.

During college, Torres worked with a psychology professor to study the Latino community’s use of mental health clinics and he’d even been accepted into a psychology doctoral program. But a job shortly after college led him to the City of Los Angeles’ rent control office, where law just clicked for him.

Torres was tasked with explaining the new rent stabilization law to hundreds of affected people, most of whom spoke Spanish, Torres’ first language. The people packing his seminars took to calling him “El Licenciado”—The Licensed One—a term typically reserved for attorneys.

“I would constantly tell people, ‘I’m not a lawyer,’ and they would all ask me, ‘Then why are you talking about the law?’” Torres said. “I finally put a sign next to the podium that said, ‘I’m not a lawyer, but I know about the law.’ But it got me to thinking about law as something to pursue.”

Now senior director of legal commercial transactions at Redwood City-based Equinix—a leading global data center firm—and a longtime city councilmember in Daly City, Torres has crafted a career path for himself that can best be described as eclectic. He taught third grade for a year right after college, hosted a morning television show, became a partner at the state’s largest Latino-owned law firm, and worked for a range of companies throughout Silicon Valley.

Throughout his varied career, Torres has proved himself to be collaborative and personable, a quick study, and a committed believer in making a difference regardless of the role he’s in.

“Paramount to my time at USF was realizing that I was getting the education and the ability to actually effect change in some way, shape, or form, whether it be for one person or a hundred persons,” Torres said.

“Part of what they were telling us at USF was that you need to change something for the better. That’s really your moral responsibility. I credit USF with giving me the ability to think, the ability to analyze, but more importantly the ability to know that I have the power to change things.”

Torres has taken that to heart at all his jobs, including at one of his first post-law school positions working for the California School Employees Association. Hired as a consumer lawyer for the union, Torres created a network of attorneys across the state that union members could work with. He also took it upon himself to write articles—in Spanish and English—about member rights for the employee newspaper and created training seminars on topics as diverse as estate planning and small claims courts.

In just a couple of years, Torres had touched on many different aspects of the law, but he wanted to be in a courtroom. Litigation called to him, so he joined Gutierrez & Associates.

“It was baptism by fire the first week,” Torres said. “I was defending

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Chevron in an underground storage tank case that was going on in Novato, but I had to learn to litigate within two or three days since my trial was on that Thursday of my first week. I became really well-versed in being a litigator.”

The firm, considered at the time the largest Latino-owned law firm in the state, worked with many Fortune 500 companies, representing such businesses as General Motors, Bank of America, and The Sharper Image. Torres eventually became partner, helping grow the firm from five attorneys to nearly 20 in three offices.

He left to explore yet another area of the law, this time working as a transactional lawyer and writing contracts for Arysta LifeScience. “I came in thinking, again, that there’s nothing you can’t learn if you put your mind to it,” Torres said. “I had a little bit of experience in transactional law, but not a lot.” At Arysta, Torres helped manage the legal affairs of the company as it assisted smaller farmers across the country and in Latin America by producing agricultural chemicals for them.

NEXT STOP: Silicon Valley Subsequent job moves led Torres to the world of technology and Silicon Valley, eventually landing him at Equinix, the world’s largest provider of IBX data centers and colocation. Torres oversees customer contracts throughout the Americas, managing a team of 14 people, including lawyers and paraprofessionals. All customer agreements that are negotiated come through his department.

Torres’ role, however, extends even further. He works closely with the leadership team to ensure the legal department is positioned to help the company adapt to whatever the future holds for data.

“Whatever responsibility I’m given, I see it as a way of changing things for the better, much like what I was taught at USF: You have to be the agent of change,” Torres said. “Even now when I’m tasked with different assignments or projects, I still ask myself: Are you an agent for change? Are you doing your best to make things better? That’s what USF did for me. It changed my DNA to make me always see myself not just as an attorney, but as a person who has a legal background who can make change happen.”

Catherine-Noelle Cu Rivera, a colleague of Torres’ at Equinix, sees that devotion daily. Torres focuses not only on his tasks, she said, but he also takes a broad view of his leadership role that includes developing internship programs, collaborating across departments, and taking time to educate people, whether through formal mentorships or in more informal ways. Additionally, Rivera said, Torres is knowledgeable about both the legal and business side of things, and where they intersect.

“Sal really brings the ability to collaborate with different people and bring together different departments,” Rivera said. “He has the ability to allow the different groups to work together and bring about an impeccable end result. He’s always been at the forefront of developing strong partnerships for the greater good and greater goals of the company.”

Torres considers his current job his biggest career success, often joking with mentees that it took him 24 ½ years to find his dream job.

The company, he said, supports his efforts to always learn and adapt.

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“You can’t be a leader by default, you can’t be a leader by being born a leader,” Torres said. “The reality is, you have to learn to be a leader. And if you’re going to be an effective leader, you can never stop learning.”

A CALLING: Public Service He takes that approach even outside his legal career. In the mid-1990s, Torres commuted via BART from his home in Daly City to San Francisco.

Walking to the station each day, he noticed an empty lot, abandoned-looking, with weeds growing up through cracked cement.

“I kept asking myself things like, why is that lot empty? Why are there so many weeds growing there? Why don’t they build something?”

Torres said. “I eventually started to ask myself, well, why aren’t you doing something about it, Sal? What are you going to do to help it?”

Those questions led him to volunteer with the city and, eventually, to a seat on the city council, fulfilling a long-held dream of holding public office. First elected in 1996, Torres has served since then, including being selected by his peers as mayor on five separate occasions. And that scrappy, empty lot Torres noticed? It now houses Pacific Plaza, one of the city’s busiest places of commerce, home to a 20-screen movie theater, upscale office buildings, and a row of restaurants. It’s one of the things Torres points to when asked for his proudest political achievement—he was a member of the council committee that spearheaded the development.

San Mateo County Supervisor Adrienne Tissier, who served on the council for eight years with Torres, describes Daly City as a city that was “fraying around the edges” when she and Torres were first elected.

She said Torres looked at the entire city with an eye toward improving life for residents, often by changing the landscape of the city through developments such as Pacific Plaza.

“He puts his heart and soul into the work and into the work of the city,” Tissier said. “He’s extremely bright and very inquisitive. He has that fire in his belly—he loves the community, loves the work he’s doing. With his law degree, he’s a quick study and able to dig deeper to get to the heart of a matter. He’s always had a great vision for the city, but he’s not just a pie-in-the-sky person. He knows how to roll up his sleeves and make it happen. He’s very much a doer.”

That “doer” approach is evident even in Torres’ other interests. In the mid-1990s, he hosted a local television show, El Amanecer (Daybreak), which addressed social, political, and cultural issues in the Latino community and once had comedian George Lopez as a guest. Torres didn’t think too much about everything he was juggling—TV show, law career, city council campaign. “I never stop to think about all that I’m doing, because I think if I did, I’d get scared and probably not do it,” he said.

EARLY CAREER: Supporters and Skeptics That Torres would have such a varied and successful career doesn’t surprise those who knew him during law school. Professor Emeritus Steve Shatz remembers a young Torres entering law school with a self-confidence that he could master whatever came his way.

“Like all first-year law students, Sal was tackling something new and challenging, and I don’t think it came easy for him, but he seemed to

“I credit USF with giving me the ability to think, the ability to analyze, but more importantly the ability to know that I have the power to change things.”

have the absolute confidence that he would succeed—and he did,” Shatz said. “He also was one of the most personable and engaging students in his class, well-liked by both faculty and students. Looking back, the qualities we saw then are the qualities that have made Sal the successful lawyer he is today.”

As much as he’s had his supporters through the years, Torres also had his share of skeptics, beginning with a high school counselor.

When Torres told the counselor about his dream of attending UCLA, he bluntly told Torres: “People like you don’t make it there.”

“So I asked, ‘What do you mean, people like me?’ And he said, ‘You know, Mexican people don’t make it there,’” Torres said. “In my naiveté, I said, ‘Oh well, that’s great, because I’m Peruvian, not Mexican.’”

But the comment stuck with Torres, prompting him to explore what it means to be Latino. He talked extensively with his parents, both Peruvian immigrants, and looked around his school and for the first time noticed there were just a handful of students who spoke Spanish. “It was really eye-opening for me to realize there was a difference between me and others,” Torres said. “After that, I wore a different type of life glasses. I knew that yes, the world is wonderful, but I also knew that you have to understand what to do to change things in the world you don’t like.”

Torres’ approach to changing perceptions of the Latino community has been to succeed—beginning with graduating from UCLA, the only college he applied to. Since then, Torres has often found himself as the

only Latino in the room, from politics to Silicon Valley. He chooses, however, to see those situations as opportunities to demonstrate the value Latinos bring.

Throughout his career, Torres said his hope has been that he’s seen first as a person, someone who has worked hard to get where he is. His job title, Torres said, should not be “Latino attorney.” Instead, he is an attorney who happens to be Latino.

With Torres, however, “attorney” surely won’t be the only title.

While he generally rules out a run for higher office, Torres is quick to point out all the other things he wants to do to have an impact—write policy papers, present those ideas at schools and community events, maybe even write a novel.

“My vision of how I can help bring about change to my Latino community and the community at large has evolved,” Torres said. “I initially thought of running for higher office to effectuate change for the masses, but I know there are lots of ways to bring about change that you don’t need to be in higher office for. I know I can bring about change if I turn my individual attention toward helping others, no matter the need. Sometimes positively influencing the course of even one life can actually lead to changing the lives of many others. I firmly believe we have a moral and civic obligation to give back to the very community and society that already gives us so much and from which we take daily.” n

WWW.USFCA.EDU/LAW

25

ALUMNI NEWS

REUNION WELCOMES ALUMNI HOME TO CAMPUS On Oct. 2, hundreds of alumni returned to campus for a festive evening reconnecting with old friends and professors. The evening also featured an auction to support the Public Interest Law Foundation, which funds grants for first- and second-year law students working in public interest summer internships. View more photos at bit.ly/usflaw-reunion-2015.

Stephen Hamill ’78 Elected Chair of USF Board of Trustees In June, the university’s governing body, the USF Board of Trustees, elected Stephen Hamill ’78 as chairman. Hamill will serve a two-year term with the possibility of extension.

Hamill has served on the board since 2010, as well as on several university and School of Law committees. He is founder of California Statewide Communities Development Authority, Public Finance Authority, and U.S. Communities, which provide public

26

USF SCHOOL OF LAW

finance and purchasing programs to government agencies. He also practiced business and real estate law for 20 years. His early career was spent working for Alameda County, managing the county’s budget, finance, and legislative programs.

In 2013, Hamill received the Alum of the Year Award, recognizing him as an inspiration as a lawyer and engaged community member, and honoring his and his family’s generosity to the USF School of Law, enhancing students’ skills training activities through diverse clinics and faculty opportunities. 

CLASS NOTES ’53

Harriet Ross ’53 received the Wing of Justice Award for her 60-year legal career during a reception celebrating female public defenders.

Journal article “Tried and True: Tough sentencing may be a thing of the past for Judge Salter, but he’s a stickler for proper procedure.”

’63

’74

John McDonnell Jr. ’63 was nominated to the American Bar Association’s Board of Governors representing district 14.

’64

Rodger Lippa ’64 retired in

2012 after 25 years as a California judge. Previously, he spent 22 years as a defense trial lawyer, three years at his wife’s firm, Laughlin, Falbo, and three years representing injured workers for Stewart Boxer.

’67

Justice Ming Chin ’67 was

appointed to the Judicial Council

by California Supreme Court Chief Justice Tani G. Cantil-Sakauye.

David A. Garcia ’67 co-authored the book California Practice Guide: Landlord-Tenant.

’68

Bette Epstein ’68 is now

a full-time mediator and discovery referee as a panelist for ADR Services, Inc.

’70

Denis Binder ’70 delivered

Randy Iwase ’74 was appointed chair of the Hawaii Public Utilities Commission.

’75

Steven J. Seligman ’75 was promoted to first vice president of Marcus & Millichap, a commercial real estate investment services firm.

’76

Patricia Burgess ’76 recently published her second book, First Friends: Love, Loss and Life in Humboldt County , a memoir.

California State Senator Bill Monning ’76 was appointed to serve as

majority leader by Senate President pro Tempore Kevin de Leon.

’77

David Clark ’77 was appointed by Gov. Jerry Brown to the California Commission on Uniform State Laws.

’78

Roland Candee ’78 was

appointed as a justice on the California Courts-Martial Appellate Panel by Gov. Jerry Brown.

the keynote address at the Canadian Dam Association 2014 Annual Meeting.

Robert DeHoll ’78 was selected as a 2015 Legal Elite by Greenville Business Magazine.

’71

Andrew Kluger ’78 has been Jeffery L. Boyarsky ’71 earned

the distinction as a Peer Review Ratings AV Preeminent Attorney.

George Camerlengo ’71 became

a partner at Gray•Duffy, LLP in Redwood City.

’72

Thomas J. Brandi ’72 was named to the “Top 25 Plaintiff Lawyers in California” by the Daily Journal.

Timothy W. Salter ’72, a Stanislaus County Superior Court Judge, was featured in the San Francisco Daily

re-elected chairman of The Mexican Museum’s board of trustees and was featured in a San Francisco Chronicle article on his role in establishing the museum’s new facility.

Stan Tosello ’78 moved from Citibank International Personal Banking Latin American, based in Miami, to work with Citi Banamex USA in Los Angeles, focusing on banking regulatory matters.

Janet Walworth ’78 joined Joseph & Cohen, Professional Corporation as of counsel.

’79

Carlos F. Mendoza ’79 is in his 32nd year in private practice in Los Angeles. His emphasis is in civil litigation, and serving those with little or no access to the civil justice system.

Bill Schuette ’79 was re-elected

Mike German ’81 retired from

32 years of practicing law, most recently in the Attorney General’s San Diego Licensing Litigation section. He continues to be an avid cyclist and U.S. Masters Swimmer.

as Michigan Attorney General in November 2014. He delivered the commencement address at Southwestern Michigan College.

Frank Pitre ’81 was named to the

’80

County Superior Court Judge, was featured in the San Francisco Daily Journal article “Quick Study: Mary Wiss’ complex courtroom assignment came as a surprise, but she wasted no time catching up.”

Paula Canny ’80 wrote a chapter in Strategies for Defending DUI Cases in California.

Karen Goodman ’80 was named

a Best of the Bar attorney by the Sacramento Business Journal.

“Top 25 Plaintiff Lawyers in California” by the Daily Journal.

Mary E. Wiss ’81, a San Francisco

’82

to the California Court of Appeals in the November 2014 elections.

Monica Bay ’82 retired in February after a long career in the legal technology field.

Stevan Douglas Looney ’80

John C. Callan Jr. ’82 joined Duane

Martin Jenkins ’80 was retained

authored the article, “The Destruction of WTC Buildings on September 11, 2001: A Court Hearing in an Adversarial Evidentiary Proceeding. Admissibility of Expert Testimony” in Global Research.

Susan R. Mendelsohn ’80

co-authored a chapter on “Foreign Direct Investments in Vietnam” in The Laws of International Trade.

’81

Larry Bragman ’81 was elected to the Marin Municipal Water District Board in November 2014.

Bennett M. Cohen ’81 won a

unanimous California Court of Appeal decision that held that the California Department of Insurance has a duty under California law to screen all new disability insurance policies for deceptive or illegal provisions before they may be sold in California. He also won a $873,622 jury verdict for his client against Standard Insurance Company for a bad faith denial of her claim.

Morris LLP in its San Francisco office as a partner for the firm’s real estate practice group.

Margaret Coyne ’82 is celebrating

her 10th year as executive director and co-founder of Advokids, a legal advocacy nonprofit for foster children in California.

Susan Lee ’82 was elected to the

Maryland State Senate in November 2014. She was named to the Maryland Legislature’s Joint Committee on Cybersecurity, Information Technology, and Biotechnology.

’83

Julie M. Kane ’83 was appointed by PG&E to the newly created position of chief ethics and compliance officer and will also serve as senior vice president.

’84

Sue Rokaw ’84 is the 201415 president of the Rotary Club of Fisherman’s Wharf, where she leads her club in local community service projects particularly serving the Fisherman’s Wharf and North Beach areas of San Francisco.

WWW.USFCA.EDU/LAW

27

ALUMNI NEWS

’85

Jim Kowalski ’89, executive director James G. Bertoli ’85, a

Sonoma County Superior Court judge, was featured in the San Francisco Daily Journal article “Court ‘n’ Disaster: Amateur musician James Bertoli may be the only judge to submit song lyrics for ethics approval.”

James DeFrantz ’85 was appointed

by Bank Solutions Group, LLC as practice manager in its risk and compliance group.

Peter Toren ’85 has been recognized by the National Law Journal as one of the Top 50 Intellectual Property Trailblazers & Pioneers, a list comprised of individuals who are raising the bar in intellectual property law in areas including copyright, patents, trademarks, and licensing.

Paul Tour-Sarkissian ’85 was the

featured speaker for STEP Silicon Valley’s event, “The Long Arm of The New EU Succession Regulation (No. 650/2012).”

Alan Wilhelmy ’85 has been

appointed to serve a three-year term on the State Bar’s Alternative Dispute Resolution Committee.

’86

Faisal Shah ’86, co-founder

of MarkMonitor, was featured in the Idaho Statesman and The Fresno Bee for becoming Boise’s number one tech mentor. He co-founded B-Launched and B-Launched, Jr., mentorship programs offering startup money to the winners of the tech competitions. He also launched his newest startup, AppDetex, which focuses on brand protection.

’87

Howard Cohl ’87 is a director

with Major Lindsey & Africa, a legal search consulting and talent management solutions firm.

Roger Platt ’87, senior vice president

of global policy and law at the U.S. Green Building Council, currently serves on the board of the World Green Building Committee and as chair of its policy committee.

’89

Kristine Eagle ’89 was

appointed as a court commissioner by the San Joaquin County Superior Court.

28

USF SCHOOL OF LAW

of Jacksonville Area Legal Aid, received the 2015 Peter E. Haas Public Service Award by UC Berkeley for his pro bono service to victims of mortgage fraud and predatory lending and collection practices.

Eliza Rodrigues ’89 was appointed

a director on the board of the National Conference of Women's Bar Associations and is the co-chair of its annual summit to be held in San Francisco in August 2016.

’90

Alex Gerould ’92 has written, with Jeff Snipes and former San Francisco 49er Kermit Alexander, The Valley of the Shadow of Death, about the murders of members of the Alexander family and a 30-year journey of resilience and redemption.

’93

Jeanine Cotter ’93, co-founder and president of Luminalt, a San Francisco solar contractor, was honored by Assemblymember Phil Ting as Woman of the Year.

Natasha L. DeCourcy ’93 has been

Joshua A. Bloom ’90 joined

the Bar Association of San Francisco’s Environmental Law Section advisory board.

Michael R. Hull ’90 has been

practicing patent prosecution and patent-related opinion work in Chicago for 24 years, the last nine years at Miller, Matthias & Hull, which he helped found. He specializes in chemical and mechanical arts, as well as working for large corporations.

elevated to principal in the Walnut Creek office of Littler.

Jeffrey R. Finigan ’93 was appointed

by Gov. Jerry Brown to a judgeship on the San Mateo County Superior Court.

Alex Verba ’93 marked eight years

William “Bill” Kellermann ’90 joined

as managing partner of Astana Law Partners, an international law firm based in the capital of Kazakhstan.

The firm is involved in a range of international and local matters with focus on investments in oil, mining, energy, and renewable projects.

Hanson Bridgett LLP as electronic discovery and information governance counsel in its San Francisco office.

’94

David Weiss ’90 was named

managing partner of Reed Smith’s San Francisco office.

’91

Sandra Edwards ’91 was

appointed by Farella Braun + Martel to chair its environmental law department.

Nora Gibson ’91 joined the corporate

finance practice at Perkins Coie as partner in its San Francisco office.

Bridgid McCann ’91 was elected to

a new term as judge of the Superior Court of San Bernardino County.

John Podesta ’91 joined Wilson Elser as a partner in its San Francisco office.

Kelly Robbins ’91 is the newly elected president of California Women Lawyers Association. She was sworn into office by Justice Ming Chin ’67.

’92

Eugene Ferrer ’92 joined Paul Hastings LLP as partner at the firm’s New York office.

Kimberly Ann Guilfoyle ’94

wrote the book, Making the Case: How to Be Your Own Best Advocate.

Robert L. Rosenthal ’94 was named a Mountain States Super Lawyer

for 2015. He was also selected as one of the 2016 Best Lawyers for his work in employment and labor law.

Kirstin Schoonover ’94 was appoint-

ed as a judge to the Vermont Superior Court by Gov. Peter Shumlin.

Harry Stern ’94 was quoted in the

SFGate article “Berkeley Balcony Had ‘Unusual Slope’ Before Collapse,” for representing the family of a Berkeley balcony collapse victim.

’95

Jeffrey Gray ’95 was featured in the Wall Street Journal and The Recorder

for his new position as managing partner for Davis Wright Tremaine.

Ron Knecht ’95 was elected Nevada State Controller in November 2014 and began a four-year term in January. He was formerly a Nevada regent and assemblymember.

Tamara F. Lawson ’95 authored the

book review “Lawyering in Black and White: A Book Review of According to Our Hearts, Rhinelander v. Rhinelander and the Law of the Multiracial Family” published in the Iowa Law Review.

Michael Pitré ’95 joined Transwestern as vice president in its San Francisco office. He is a part of the firm’s Tenant Advisory Platform in Northern California.

Michael Westheimer ’95 joined

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. as a shareholder in the firm’s San Francisco office.

’96

Denise Helfstein ’96 has been appointed to the Oak Park Unified School District Board of Education.

Jennifer S. Huber ’96 co-authored the article “2014 International Trade Law Decisions of the Federal Circuit,” published in the American University Law Review.

Craig Peters ’96 led the Veen Firm trial team that obtained a $2.1 million verdict in a premises liability case.

Kevin F. Rooney ’96 was made partner at the law firm of Browne George Ross LLP. He was co-lead class counsel in a case resulting in the largest known student loan forgiveness settlement in U.S. history, in excess of $140 million.

David Tognotti ’96 was a finalist for

Sylvia Chang Luke ’95 was

re-elected as Hawaii State Representative in November 2014.

Eustace de Saint Phalle ’95 was

quoted in the SFGate article “Berkeley Balcony Had ‘Unusual Slope’ Before Collapse,” for representing the family of a Berkeley balcony collapse victim.

the 2015 Best Bay Area Corporate Counsel in the category of Best IP Lawyer from the Silicon Valley Business Journal and the San Francisco Business Times.

Brendon Woods ’96 was featured in the KQED News article “Public Defenders Teach Oakland Youth How to Safely Interact With Police.”

’97

Sheri Byrne-Haber ’97

was named global accessibility program manager for McDonald’s Corporation. She has dedicated the last 15 years to assisting people with disabilities in obtaining the goods and services that they are entitled to under the ADA and IDEA. Previously, she was an advocate for the deaf and a compliance consultant at Kaiser insurance focusing on digital accessibility.

Michael Laurenson ’97 provided defense for the case Hartnett v.

Forensic Analytical Sciences Inc. With

a unanimous verdict in favor of the defense, this case was voted one of the Top Verdicts of 2014 by the Daily Journal.

Joseph Moore ’97 is the partner at Hanson Bridgett LLP in the real estate and construction section at the firm’s San Francisco office.

Lisa Sween ’97 recently joined

Jackson Lewis P.C., where she regularly counsels employers on preventative employment policies and practices.

’98

Scott Peterson ’98 was

recently appointed general counsel for the Colorado Association of Realtors.

Therese “Tery” Williams ’98 returned

to Baker & McKenzie’s compensation and employment law practice as counsel.

’99

Samuel Coates ’99 became partner at WilmerHale’s Palo Alto office as a member of the corporate, emerging company, and life sciences practice groups.

Jennifer Gillon Duffy ’99 has been designated a certified family law specialist by the State Bar of California Board of Specialization.

She has been a partner with Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP in Santa Barbara since 2008, specializing in family law and employment law.

Kathleen A. Durrans ’99 authored

the chapter “Using Revocable Trusts and Conservatorships to Protect Incapacitated Elders in California”

in the book Elder Law Client Strategies in California: Leading Lawyers on Addressing Estate Planning Concerns and Selecting Appropriate Trustees.

Ashley Gould ’99 was appointed senior vice president, general counsel, and corporate governance of Raptor Pharmaceutical.

Mary Catherine Wiederhold ’99

Alumnus in Action:

David Tognotti '96 Builds Bridges Between Law and Business

received the 2014 Attorney of the Year award from the AIDS Legal Referral Panel for her outstanding legal work on behalf of clients in cases involving real estate, landlord/tenant issues, and fair housing law.

’00

Britt K. Strottman ’00 was named a “Giant Slayer” in The Recorder’s 2015 Litigation Department of the Year competition and one of California’s Top 100 Women Lawyers for 2015 by the Daily Journal. She was also promoted to principal at Meyers Nave.

Jay Zynczak ’00 was featured in The National Law Journal article

“In-House Counsel Profile: Goal Zero LLC’s Jay Zynczak.”

’01

Linda Kim ’01 is now the director of external affairs at Bay Area Legal Aid. Cecily Anne O’Regan ’01

co-authored the article, “Using GATT-TRIPs to Improve Development Opportunities: A Proposal for Central America,” with Patrick T. O’Regan Jr., published in the Hastings Science & Technology Journal.

Robyn Santucci ’01 has been certi-

fied as a specialist in family law by the State Bar of California Board of Legal Specialization.

Shannon Thorne ’01 joined Intel Corporation as an employment law attorney.

’02

Heidi Mayon ’02 has been promoted to partner at Pillsbury Winthrop Shaw Pittman LLP.

’03

Alexa Koenig ’03 is the executive director of the Human Rights Center at UC Berkeley School of Law.

As general manager, vice president of operations, and general counsel for Monster Cable, David Tognotti ’96 has helped lead the company to increase sales from $250 million to $1.2 billion and expand into multiple global markets.

“The approach is quite different in-house than being a partner at a law firm,” he said. “You’re not in the business of law, you’re in the same business as your company. My goal is to help Monster succeed, and I love being integrated within a business. I bridge the gap between the business leadership and the legal team.”

He has been featured on CNBC’s Crime Inc., on ABC’s 20/20, and in Inc. Magazine as an expert in brand protection and anti-counterfeit strategy. In 2015, Silicon Valley Business Journal presented him with a Corporate Counsel Award in the IP Lawyer category.

Tognotti credits the academic foundation in intellectual property law he received at USF as a significant factor in his success.

“I was inspired and motivated by USF’s worldrenowned professors, such as Thomas McCarthy, who were thought leaders in the rapidly changing area of IP law,” he said. 

WWW.USFCA.EDU/LAW

29

ALUMNI NEWS Elinor Leary ’03 was elevated to trial

team leader at The Veen Firm.

’04

Brie Jensen ’04 has been

promoted to partner at Pacifica Law Group.

Sherry L. Murphy ’04 was elected

president of the Carolina Patent Trademark Copyright Law Association (CPTCLA), the oldest legal association dedicated to practitioners of Intellectual Property law in North and South Carolina.

Jordanna Thigpen ’04 joined Johnson & Johnson LLP, a boutique firm specializing in First Amendment and entertainment litigation.

’05

Courtney Cruz ’05 has been named as a 2014 Massachusetts Rising Star by Super Lawyers. She co-authored the chapter “Medical Malpractice” in Massachusetts Superior Court Civil Practice Jury Instructions.

John Demeter ’05 was honored by Citizen Schools as one of its 2015 Citizen Teachers of the Year.

James E. Heffner ’06, of Hahn Loeser & Parks LLP, was named one of San Diego’s Rising Stars in the category of Civil Litigation–Defense in the 2015 edition of Super Lawyers.

Anthony D. Phillips ’08 became

Northern California Rising Star of 2015 by Super Lawyers for the third consecutive year in the category of criminal defense.

Joe Wilson ’06 is currently a partner

at Curiale Wilson LLP, an employment law firm providing advice and counseling to companies throughout Northern California in court and before the National Labor Relations Board.

’07

Liam Collins ’07 was

appointed audit partner at Armanino LLP, the largest independent accounting and business consulting firm based in California.

David Mesa ’07 was sworn in as a

Jose M. Sanchez ’05 was promoted

to principal at Meyers Nave.

Heather Wong ’05 was featured in the San Francisco Attorney magazine

article “Mentors Blaze the Trail for Women in the Law.”

’06

Abe Gupta ’06 was re-elected to the Dublin City Council in November

USF SCHOOL OF LAW

Phyra McCandless ’08 has joined

Matt A. Sullivan ’06 was named a

Brian Knapp ’05 has been named Suzy Loftus ’05 is assistant director of the state attorney general’s division of law enforcement, where she manages the evidence and witness protection programs. She is also president of the San Francisco Police Commission, where she’s crafted policies for domestic violence cases and those involving children. She was profiled in the San Francisco Chronicle article “Suzy Loftus, S.F. Police Commission president, victims’ advocate.”

partner at Lombardi, Loper & Conant, LLP in Oakland, where she focuses on the defense of product liability, general liability, and employment-related claim.

Jim Oddie ’06 was elected to the Alameda City Council in November 2014.

at the Sixth Annual Powerful Women of the Bay Awards in March. head of Legacy Republic.

Maria Lampasona ’08 was named

the San Francisco Bar Association’s Barristers Club board and the Justice & Diversity Center board of directors.

Erin Guy Castillo ’07 became partner of the newly named Stockton law firm Parish Guy Castillo, PLC.

Verleana D. Green ’05 was honored

30

2014. He was also featured in the San Francisco Chronicle article “Couple Wins in Court of Love.”

member of the board of governors of the National Asian Pacific American Bar Association. He will serve a two-year term as the alternate regional governor for the Northern California region.

James Ralph ’07 was appointed to

the Hearing Board of the Bay Area Air Quality Management District.

Melanie Tavare ’07 wrote the

section, “Protecting Real Property For Debtor Clients in a Chapter 7 Filing While Maximizing the Debt Discharged,” in the book, Chapter 7 Consumer Bankruptcy strategies (2015).

’08

Meredithe Kreis ’08 joined

the family law mediation practice Lawhon Law & Mediation, P.C. She acts as a neutral mediator to help resolve family law disputes, consults with clients needing independent advice, and prepares premarital agreements.

an associate at Archer Norris PLC in San Francisco, specializing in commercial and financial disputes.

’09

Cometria Cooper ’09 was

re-elected president of the Charles Houston Bar Association and received the Woman of Inspiration award from Ms. JD Magazine.

Jonathan Jaffe ’09 was featured

in the article “Finding Their Place” in California Lawyer magazine, discussing the challenges of launching a career in a postrecession economy.

Jenica Maldonado ’09 was featured in the San Francisco Attorney magazine article “Mentors Blaze the Trail for Women in the Law.” Amol Mehra ’09, director of the International Corporate Accountability Roundtable, spoke on a panel at the Dialogue on the United States National Action Plan on Responsible Business Conduct held at UC Berkeley in February.

’10

Nick Kam ’10 was featured in the Bustle article “How are Conjoined Twins Punished if One Commits Murder? (Asking For Bette & Dot on ‘AHS: Freak Show’),” examining all possible outcomes of the unprecedented situation.

’11

Alexis Lynch ’11 has launched her own firm, the Law Office of Alexis Lynch, focusing on representing family members of developmentally disabled individuals in conservatorship proceedings.

Peter Micek ’11 spoke on a panel at

the Dialogue on the United States National Action Plan on Responsible

Business Conduct held at UC Berkeley in February. He leads the Access policy team’s business and human rights work, advocating for a more rightsrespecting telecom and tech sector.

Dylan Rudolph ’11 joined Maynard

Cooper & Gale as a litigation associate in San Francisco.

’12

Ruben Guerra ’12 was named the new partner of Davega | Fisher | Mechtenberg LLP in charge of the newly opened San Francisco office.

’13

Jesse A. Arana ’13 recently opened his own firm in Southern California focusing on criminal defense and immigration.

Jacqueline Layne ’13 joined Legal

Aid of Sonoma County as a staff attorney at the Family Justice Center.

’14

Kevin Jackson ’14 was featured in the DIG Magazine article “To Be an Epithet of Achievement.”

Sara Star ’14 joined real estate law firm Miller Star Regalia as a litigation associate.

In Memoriam Theodore “Ted” A. Kolb ’45, Mar. ’15 Douglas Rand Woodworth ’52, Jul. ’15 John Peter Lee ’54, Jul. ’15 James D. Hobbs ’54, Dec. ’14 Terrance M. Bresnahan ’60, Feb. ’15 Thomas Lytle ’61, Sep.'15 William Holliman ’63, Mar. ’15 Paul Vapnek ’64, Feb. ’15 Gerald Parsons ’66, Jun. ’15 William “Zeke” Grader ‘75, Sep. ’15 George Wong ’76, Apr. ’15 Gilbert Walker ’78, Mar. ’14 David Robert Del Simone ’79, Oct. '15 Todd M. Ramm ’00, Jan. ’15

What's New? Share your professional and personal news with your fellow alums! Submit a class note today at lawalumni@usfca.edu or bit.ly/usflaw-classnotes

Career Corner:

Make the Most of LinkedIn

Is your LinkedIn page in tip-top shape?

Johanna Hartwig, USF’s assistant dean for career planning and legal community engagement, shares strategies to effectively use the free LinkedIn platform.

• Take the time to make your LinkedIn profile appealing and dynamic. Your profile should not just copy your resume, it should reflect what you are seeking—whether it’s clients, professional connections, or an employment opportunity—as well as your experience and what you can offer.

• P roactively network with others. LinkedIn is a treasure trove of potential connections, so

reaching out to other users is key. Join the USF School of Law group, which has almost 3,000 members, as well as groups from your undergrad alma mater and professional associations. Then use those connections to build professional relationships, asking new contacts for a business lunch or informational interview.

• Develop a professional presence online as a go-to expert in your area. Written an article or a blog piece recently? Share it on LinkedIn. Read something that you think is useful for your clients or your peers? Share that as well. Even posting once a week will help you develop a strong professional presence online.

• Take advantage of the many resources available from LinkedIn and USF’s Office of Career Planning. LinkedIn offers numerous

Philanthropist Among Us:

tutorials to help you create a powerful profile and make the most of groups and connections.

We also encourage all alumni to connect with an OCP counselor for guidance on LinkedIn and other aspects of advancing your career.  Learn more at usfca.edu/law/career.

Honor Roll of Donors We are grateful to the many alumni, faculty, staff, and friends who have contributed to the USF School of Law in the past year. Visit usfca.edu/law/ donor-honor-roll for a complete list of donors. Thank you all for your generosity!

Cameron Cloar-Zavaleta ’09 From Airline Pilot to Alumni Leader

As a child, Cameron Cloar-Zavaleta ’09 dreamed of flying planes. His dream became reality when he was hired as a commercial airline pilot at age 23. He soon learned, however, that his true calling was in a different area of aviation.

“I got involved with the largest union representing pilots in the world,” Cloar-Zavaleta said.

“I found that I had much to contribute and saw that a law degree would give me the ability to be of greater service.”

USF School of Law’s Office of Career Planning helped him set up interviews with Nixon Peabody, the only large firm on the West Coast doing significant work for the aviation industry.

Cloar-Zavaleta was accepted into the firm’s summer associate program, and he was later hired after passing the bar. As an associate, he worked on the cutting edge of new technologies like drones and the laws that regulate them. He recently moved to Dallas to work as an attorney with Envoy Air Inc., part of American Airlines.

Cloar-Zavaleta credits USF for helping launch his successful career, and believes in the importance of giving back.

“If USF is to compete for the best faculty, facilities, programs, and students, the alumni community has to step up and help make it happen,” he said. “It just isn’t enough for us to get a degree and disconnect.”

Cloar-Zavaleta is one of USF School of Law’s most active and dedicated young alumni. He has

given to the Law Assembly since he graduated, and has served on the USF School of Law Board of Governors since 2013. Through the Law Assembly, he has supported scholarships, visiting professors, diversity initiatives, special events, law clinics, domestic and international summer internships, loan repayment assistance, symposia, and moot court competitions.

He knows firsthand the challenge of being a young attorney with loan payments, but encourages others to join him in helping USF thrive.

“I want to see USF continue to improve on its upwards trajectory,” Cloar-Zavaleta said. “For that to happen, I firmly believe we need to improve our alumni giving. Our peer institutions are excelling at this and we must make it a priority, too, or fall behind.” 

WWW.USFCA.EDU/LAW

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ALUMNI NEWS

THERE’S NO GUARANTEE OF ANONYMITY Genetic Databases Hold Risks for Genetic Identity Theft and Privacy Invasion

By Ifeoma Ajunwa ’07

L

arge genetic information databases have been touted as offering the solution to genetic disease or as offering a highly useful tool for law enforcement purposes. But there are risks associated with the centralized collection of such data. Those risks include genetic identity theft and the loss of privacy. Although knowing your genetic profile could provide insights about health risks, it is important to understand that the usefulness of databases for research on genetic disease is limited. Predicting genetic disease relies on probabilities and those predictions do not change the fact that health is also influenced by other factors such as environment, exercise, and diet.

The problem is that individuals could be discouraged from taking time to modify their disease-causing behaviors if they rely too heavily on genetic predictions.

Besides the lack of certainty in predicting disease, genetic databases also pose the real danger of genetic identity theft and invasions of privacy. Some researchers have proposed that if they had access to the genomic profile of an individual from an online database, they could recreate a DNA sample based solely on that information. Recent reports show that it is possible to de-anonymize online data; researchers were able to track down five people (and their relatives) from an anonymous genetic database. Imagine learning that your genetic information has now been exposed to the world because your cousin Nancy decided to volunteer for genetic research or that you are now considered a suspect for a crime because of a familial match when your long-lost Uncle Bob was arrested in another state. We also cannot take for granted the accuracy of genetic information in solving crime—particularly since researchers have demonstrated that it is possible to fabricate false DNA evidence for a crime scene.

At the very least, we need to weigh the harms of the mass collection of genetic information against any potential benefits. Genetic testing does create opportunities for privacy invasion and employment discrimination. Although the Genetic Information Non-Discrimination Act (GINA) was passed in 2009 to protect workers from genetic

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discrimination in employment, the government still has a lot of work to do to educate the public on how GINA works and in strengthening GINA’s provisions.

Although knowing your genetic profile could provide insights about health risks, it is important to understand that the usefulness of databases for research on genetic disease is limited.

In my forthcoming article in the Harvard Civil Rights-Civil Liberties Law Review, I argue that GINA should be strengthened with the addition of a disparate impact cause of action, for four reasons. For one, the ease of access to genetic testing and the insecurity of genetic information has increased the likelihood of genetic discrimination in employment. Also, the addition of a disparate impact clause is in line with the precedent set by prior employment discrimination laws such as Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. Also, the Equal Employment Opportunity Commission has declared that proof of deliberate acquisition of genetic information is not necessary to establish a violation of GINA; likewise, proof of intent to discriminate should not be required to demonstrate that there has been genetic discrimination. Finally, because real world instances of genetic testing have shown that testing that is done neutrally and without a racial bias may still result in racial disparities, as seen in the case of sickle cell testing carried out on NCAA athletes, we need to allow disparate impact theory to address cases of inadvertent discrimination. 

Ifeoma Ajunwa ’07 is an assistant professor of law at the University of the District of Columbia where she teaches contracts, health law, and intellectual property law. Her research interests are in privacy law, health law, and business law. This column was adapted from an article that she first published in the New York Times’ Room for Debate.

Your generosity shapes tomorrow “I owe everything to the Jesuits, and I’ll never forget it.”

JOIN US TO SUPPORT USF SCHOOL OF LAW’S FUTURE David ’64 and Lone Mountain alumna Carolyn '61 Giannini’s connection to Jesuit education runs as far back as high school. As the first attorney in his family, David credits the Jesuits with giving him the foundation and education that helped him have a long and successful career as a commercial real estate litigator in San Francisco.

For the Giannini’s, Jesuit education is proudly a family affair—their three sons graduated San Francisco’s St. Ignatius College Prep, their eldest son and daughter-in-law attended USF School of Law, and one of their grandsons is attending Gonzaga Prep in Washington, D.C. In recognition of the impact that Jesuit education has had on their lives, and as a commitment to preparing future leaders, David and Carolyn have remembered USF School of Law as a beneficiary of their estate.

To create your own legacy for the USF School of Law, contact the Office of Gift Planning today.

Elizabeth Hill | (415) 422-4163 | ehill3@usfca.edu giftplanning.usfca.edu

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