Cases
Experience: Public Decision-Making Advocacy: Worked to secure the passage of a major controversial bill in the closing days of the 2011 legislative session to resolve the issue of internet retailers collecting California sales tax.
Developed a coalition of pharmaceutical companies, doctors, public
private universities
others to oppose legislation that would have criminalized animal testing necessary to verify the safety of medical
consumer products used on humans.
Developed a coalition of realtors, builders, insurers
labor to secure passage of the California Earthquake Authority (CEA). The $10.5 billion privately funded CEA enabled the client to reenter the homeowners insurance market, a market it limited following the Northridge earthquake due to the risks.
Served on the APA Advisory Group to advise the Director, pursuant to the Governor's Executive Order, on improvements to California's Administrative Procedures Act.
Proposition 65
Green Chemistry: Helped shape the regulations implementing California's Proposition 65 (duty to warn) initiative statute.
Served as a principal stakeholder in the development of California's green chemistry regulations.
Obtained a court of appeal decision addressing exposure in the context of Proposition 65.
Represented a major pharmaceutical client in a Proposition 65 case in which the California Supreme Court sustained the client's defense that the Proposition 65 claims was preempted by federal law.
Business Regulation
Compliance: Challenged a regulation doubling the fee paid by commercial entities that electronically access the Department of Motor Vehicles' records.
Litigated through the Court of Appeal an action invalidating regulations adopted by the Insurance Commissioner that restricted insurers use of claims history data.
Secured a court of appeal decision, halting the sale of state property that would have resulted in the loss of our client's business of four decades.
Represented insurance trade associations in two different lawsuits, challenging underground regulations in one
regulations lacking legal authority in the other.
Previous Experience: Livingston founded Livingston & Mattesich in 1982 to represent clients in their interactions with the State of California. Gene was among the first attorneys in Sacramento to provide experienced
effective advocacy in all forums of public decision-making: the Legislature, regulatory agencies,
the courts. Prior to founding the firm, Gene ran two agencies in California state government. The Governor appointed him the first director of California's Office of Administrative Law. The Legislature created the Office in 1980 to review all state agency regulations, to reduce their number
improve their quality. Gene organized the office
under his leadership, new regulations adopted by the 124 state agencies were cut by 50%, over 11,000 pages of existing regulations were evaluated with 24% targeted for elimination,
another 33% changed to conform to the law. The Legislature
the business community hailed the Office of Administrative Law as a unique success in state government.
The experience at OAL gave Gene an insider's view of every state agency. He has effectively combined his insider's knowledge of state government, litigation experience, knowledge of the Legislature, state agencies,
the courts to the full advantage of his clients. His philosophy of tailoring services to the exact needs of each client remains a central theme.
The five years before organizing the Office of Administrative Law, Gene served as Chief Deputy Director
then acting Director of the California Employment Development Department, an agency with 15,000 employees
a budget of $2.5 billion. He operated several major programs, including the collection of unemployment, disability insurance
state income taxes
the payment of unemployment
disability insurance benefits.
