University of California, Berkeley, School of Law Spring 2016 Vol

TRANSCRIPT SPRINGTRANSCRIPT 2016 UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW SPRING 2016 VOL. 48

Faculty use predictive analytics to mine research gold. PAGE 12 Five inspiring alums harness the power of paying back. PAGE 20 Startup@BerkeleyLaw helps new ventures take root and take off. PAGE 38

Primed For Practice BERKELEY LAW EXPANDS ITS HANDS-ON LEARNING OPPORTUNITIES SO GRADUATES CAN HIT THE GROUND RUNNING. PAGE 28 FEATURES 20 Magnificent 28 Primed for 38 Open for Mentors Practice Business ALUMNI COVER STORY STARTUP@BERKELEYLAW Five inspiring alums enrich Berkeley Law expands its An ambitious new initiative student lives, and their own, hands-on learning provides valuable training by harnessing the power of opportunities so graduates while helping budding ventures paying back. can hit the ground running. take root—and take off. By Andrew Cohen By Andrew Cohen By Linda Peterson

COLUMNS 2 From the 60 Insight

Interim Dean Time for a Disruption in Law. By Jeff Bleich ’89 BLOCK JIM

COVER: PHOTOGRAPHY BY J. MICHAEL TUCKER; PHOTO-ILLUSTRATION BY TRANSCRIPT Contents Spring 2016 Vol. 48

SECTIONS 3 In Brief 12 Forefront 46 Creative Works For Judicial Externs, the Only Big Progress on Big Data Notable Contributions from Our Debt Is Gratitude Community Mythbuster Provides Timely First-Year Class at a Glance Revelations Another Jewel in Kay’s Crown Getting Out the Youth Vote 48 Fast Forward Diamond Among National Jurist’s Sharpening the Scholarly Edge Three Student Action Figures 25 Law Students of the Year Weighing in at a Watershed Clinic Helps Co-ops Set Up Shop Moment 51 Advancement Leading the Fight Against Lethal All Rights Unreserved News and Notes from the Alumni Injection Proudly Back in Berkeley Center Celebrating 50 Years of Ocean Law Guidance BCLT Spurs Trans-Pacific 61 Class Notes Tech-law Link All in the Alumni Family Incubator Helps New Lawyers Fly Solo A New Way to Drum Up Real Estate Deals Students Drive Center’s New Leader Moving Forward by Rallying

DAN PAGE (ILLUSTRATION) PAGE DAN Together

TRANSCRIPT SPRING 2016 1 IN THESE CHALLENGING MOMENTS, I HAVE BEEN SO GRATEFUL TO BE A MEMBER OF THIS INCREDIBLE COMMUNITY. –MELISSA MURRAY

From the Interim Dean If it’s true that character is most vividly revealed during times of adversity, then Berkeley Law is even more amazing than I previously thought. Transcript That’s saying something, because every year I’ve taught here has increased my level of appreciation for our faculty, our students, our staff, and our alumni. EDITOR & DIRECTOR, COMMUNICATIONS Michael Bazeley This is not a letter I expected to write. The circumstances that led to my

MANAGING EDITOR & SENIOR WRITER, appointment as interim dean were jarring, to say the least. But Berkeley COMMUNICATIONS Law has always been bigger than any individual, and our community has Andrew Cohen always banded together during difficult times. Since Dean Choudhry CONTRIBUTING EDITOR & PROJECT MANAGER resigned in March, so many people have stepped up to help us move for- Bob Rucker, ward—not merely in getting back to normal, but in creating a healthier Peterson Skolnick & Dodge environment for everyone who works and studies at Berkeley Law. DESIGN & CREATIVE DIRECTION Our annual Admitted Students Weekend began two days after the Arno Ghelfi, l’atelier starno news broke, and mere hours after Dean Choudhry resigned. We were all CONTRIBUTING PHOTOGRAPHERS understandably worried about how this news would affect our prospec- Jim Block J. Michael Tucker tive students’ perception of the school. But we chose to be open and authentic with our young visitors about our situation, and their response CONTRIBUTING WRITERS Jeff Bleich ’89 was overwhelmingly positive. Rachel DeLetto Many of them expressed appreciation for our close-knit community, Ben Peterson Linda Peterson our solidarity in a time of incredible difficulty, and our resilience in the Sophia Raday face of adversity. Many also marveled at the obvious pride that our stu- KC Trommer dents, faculty, and alumni have for the school and its unique commu- CONTRIBUTING ARTISTS nity. I have never been prouder to be a part of Berkeley Law. Peter Hoey Dan Page Our school is known for its collegial culture. Most of the time, that culture is a pleasant reminder of the high quality of life we enjoy here. But UPDATE YOUR ADDRESS Email: [email protected] it’s also a welcome source of comfort and inspiration during times of dis- Phone: 510.642.1832 tress. In these challenging moments, I have been so grateful to be a mem- U.S. Mail: University of California, Berkeley ber of this incredible community. Alumni Center The way you reached out and helped us rally together was extraordi- Boalt Hall Berkeley, CA 94720-7200 nary—yet utterly predictable. For this community, remarkable is the norm. As interim dean, I am looking forward to working with all of you to VISIT WWW.LAW.BERKELEY.EDU help this inspiring school become better than it’s ever been. If you have Transcript is published by the questions, concerns, or other feedback, I hope you’ll contact me directly. University of California, Berkeley, School of Law, Communications I look forward to hearing from you. Department.

2 TRANSCRIPT SPRING 2016 News from the In School Community Brief

GOOD JUDGMENT: A new Berkeley Law program gave Benjamin Chen ’17 an up-close view of judicial decision-making while externing for 9th U.S. Circuit Court of Appeals Judge Marsha Berzon ’73.

STUDENTS CAN For Judicial Externs, the NOW ENJOY THE BENEFITS OF Only Debt Is Gratitude WORKING FOR JUDGES WITHOUT To work for a judge one summer during law government sectors have long qualified for a ANY FINANCIAL school, Nicholas Dumas ’11 had to save $4,000 stipend. But no funding was made money by maxing out student loans and liv- available for judicial positions, making it hard SACRIFICE. ing with his grandmother. “The chance to for some to consider those opportunities. work in a judge’s chambers during law Last summer, the school changed that by school was invaluable,” he says. “That expe- launching the Judicial Externship Program— rience shouldn’t be limited to those who can which enabled 40 students to assist judges afford it.” without adding debt or finding free housing. Berkeley Law students who accept unpaid Fueled partly by alumni donations, the

JIM BLOCK BLOCK JIM summer jobs in public interest, nonprofit, and program opens doors to vital training and

TRANSCRIPT SPRING 2016 3 In Brief boosts students’ stock with legal employ- making process. ers. Benjamin Chen ’17, who externed for “That experience played a major role in 9th U.S. Circuit Court of Appeals Judge my deciding to pursue a clerkship and, I Marsha Berzon ’73, appreciated his “up- believe, in successfully applying for one,” close look into a federal appellate court’s says Chen, who will clerk for Judge Morgan operations.” He cite-checked opinions for Christen on the same court next year. “I publication, prepared bench memoranda, strongly recommend the program.” and eagerly absorbed the judicial decision- —Andrew Cohen

BRAIN POWER MANY PERSPECTIVES

Median Median Class Countries undergraduate GPA: LSAT score: size: of origin: 3.79 166 295 27 (93rd percentile) FIRST-YEAR

Class members Fulbright CLASS AT A Undergraduate Undergraduate with other award schools majors advanced degrees: recipients: GLANCE represented: represented: 33 5 120 51 Trying to describe the typical Most common: Most common: Political Berkeley Law student? It’s a little UC Berkeley, UCLA, Yale, Science, History, Philosophy, Michigan, Harvard Economics, English like trying to catch the wind with a net. True, there are some common LEADERSHIP ROLES particles—intellect, engagement, ALL ACCESS collegiality—that seem to breeze Four class Four university through the entire student body. Women: People of color: members who student But while students’ acumen and created startups body presidents or nonprofits achievements have long helped ele- 62% 45% vate Berkeley to Top 10 law school status, it’s their dazzling diversity that makes the school so unique among that lofty group. Several winners A former chief of First in family Age of intercollegiate staff for the White To wit, here’s a snapshot of the to receive a range: debate and mock House Office of impressive group of 295 students college degree: trial competitions Cabinet Affairs who just finished their first year: 17% 21 to 55 SPORTY SORTS LAND ROVERS CREATIVE MINDS

An international A four-time A U.S. Forest A cattle An Emmy Award- An associate gold medalist competitor at the Service ranch winning associate director of in Taekwondo U.S. Fencing wildland manager producer and an art gallery National firefighter reporter with PBS’ Championships “Frontline”

A member of the Varsity college A community Minnesota’s The president A jazz saxophonist U.S. national inline athletes in garden 2014 Soybean of a university’s and headliner and ice hockey 13 sports director Ambassador tap-dancing at one of teams club Guatemala’s most popular clubs

4 TRANSCRIPT SPRING 2016 ALL IN THE FAMILY: Professor Herma Hill Kay at her award ceremony with granddaughter Jessica Brodsky ’17.

more than 55 years at Berkeley Law, including eight as dean (1992 to 2000). A renowned scholar of family law and conflict of laws, Kay co-authored California’s Family Law Act of 1969 and served on the commission that drafted the Uniform Marriage and Divorce Act—which became the national standard for no- fault divorce. She has also mentored countless law professors while promoting women’s advancement in legal educa- ANOTHER JEWEL IN tion and the legal system. An advisor for the American Law Institute’s Restatement KAY’S CROWN of the Law (Third) Conflict of Laws project, Kay recently Professor Herma Hill Kay Law Schools Triennial Award casebook, you know about finished a book about U.S. and her pioneering work con- for Lifetime Service to Legal Herma because she’s all over female law professors in the tinue to draw nationwide rec- Education and the Law—dur- the pages of every single 20th century—focusing on ognition. On February 11, she ing a spirited ceremony in one,” colleague Melissa the 14 who began teaching received her latest honor— the Warren Room. Murray said at the celebra- before she did in 1960. the Association of American “If you have a family law tion for Kay, who has spent —Andrew Cohen

National Jurist

names Luke Diamond’s many achievements include founding Diamond ’16 Berkeley Law’s Consumer Rights Workshop, whose stu- among its 25 dents have helped more than 150 clients, and strengthen- law students of ing the East Bay Community Law Center’s debt-collection the year. litigation defense practice. JIM BLOCK (KAY) BLOCK JIM

TRANSCRIPT SPRING 2016 5 In Brief LEADING THE FIGHT AGAINST LETHAL INJECTION

Two key reasons why National Jurist named Berkeley Law’s Death Penalty Clinic one of America’s 15 most innovative law school clinics last year? Attorneys Megan McCracken and Jen Moreno ’06, who lead its pioneering Lethal Injection Project. “As a direct result of their GREENER PASTURES: work, death-row prisoners in GC3 founding director multiple states have been Clinic Helps Co-ops Sushil Jacob ’11 (center) with members of spared from executions that the New Hope Farms rely on untested drugs and Cooperative, which the experimental procedures,” Set Up Shop clinic helped form. says federal public defender Dale Baich, who presented

Sushil Jacob ’11 knows how to make change local communities. It also mandates that the American Bar PASTURES) (GREENER BLOCK JIM happen. “If you want to start a movement, cooperatives have a class of worker- work with a Berkeley Law clinic,” he says. members—and that those members con- As founding director of the Green-Collar trol the co-ops. It’s a big win, says Jacob, Communities Clinic (GC3), Jacob pushed to because co-ops support “lasting employ- help pass AB 816, the California Worker ment, sustainable business practices, and Cooperative Act, which took effect in more resilient communities during eco- January. The bill facilitates creation of nomic downturns.” employee-owned and operated businesses— One example of the potential impact of and caps a two-year effort by GC3, the worker co-ops is a cleaning collective nation’s only law school clinic focused on formed by primarily immigrant Latinas. In cooperative enterprise. an industry where they’d be treated as Since launching in 2011, GC3 law clerks under-the-table workers, Jacob says, have introduced low-income communities to “With minimal investment, they the benefits of co-ops through their Worker increased their bargaining power, Co-op Academy and Think Outside the Boss increased wages, and invested profits workshops. They have also advised and sup- into health insurance.” ported new and existing co-ops, and provided After four-plus years guiding GC3, valuable legal research and advocacy to help Jacob recently leveraged his exper- pass AB 816. tise to form a co-op practice at the The bill provides a clear framework for the Tuttle Law Group. The clinic’s work operation of worker-owned co-ops and eases continues under Jassmin Antolin barriers to raising investment capital within Poyaoan. —Rachel DeLetto

6 TRANSCRIPT SPRING 2016 Association’s John Paul under the Administrative LEADING Stevens Guiding Hand of Procedures Act and the Counsel Award to Moreno importing of lethal-injection THE FIGHT and McCracken last fall for drugs in violation of the their leadership on the mat- Food, Drug, and Cosmetic ter. “They’ve been instru- Act. Clinic director and fac- AGAINST mental in raising awareness ulty member Elisabeth of these issues among law- Semel says, “Their tenacious LETHAL makers and the public.” work has exposed states’ Since 2007, Moreno and willingness to obtain execu- INJECTION McCracken have provided tion drugs secretly and ille- litigation resources and con- gally and to experiment with sultation to lawyers chal- untested chemicals in lenging lethal injection’s executions.” constitutionality in 29 juris- Since the U.S. Supreme dictions. During that time, Court’s 2006 ruling that seven states have abolished lethal-injection techniques capital punishment. can be litigated, many “As long as states carry death-row inmates have out executions,” Moreno sued—alleging violation of says, “we’ll fight for our cli- the Eighth Amendment’s ents’ right to be executed in ban on cruel and unusual Celebrating 50 Years a constitutional manner and punishment. In response, to make states more several states have put Of Ocean Law Guidance accountable and more lethal injection on hold. transparent.” While battles remain, Ocean law issues keep rising to the surface amid concerns Amid jarring stories of McCracken is optimistic. about changing coastlines, unresolved maritime boundaries,

ILLUSTRATION BY DAN PAGE DAN BY ILLUSTRATION botched executions, “Look at the extensive biodiversity protection, and commercial uses. In response, McCracken and media coverage of these the Law of the Sea Institute is doing what it’s done for a half Moreno challenge problems,” she says. “Public century—providing leading research and promoting interna- state practices perception is well informed tional cooperation. and ahead of the In October, scholars from Asia, Australia, Europe, and the courts.” United States gathered to wade through ocean law issues— —Andrew Cohen and celebrate the institute’s 50th birthday. Housed at Berkeley Law since 2002, the institute has flourished under longtime director and professor emeritus Harry Scheiber, and former professor David Caron ’83 (co-director from 2002 to 2012). Professor Holly Doremus ’91 and Jordan Diamond ’08, executive director of the school’s Center for Law, Energy & the Environment, will co-lead the institute starting July 1. “Ocean law is generally understudied at U.S. law schools despite the urgent global issues involved,” says Scheiber, who co-organized the anniversary conference with the Korea Institute of Ocean Science and Technology. “It matters because of climate change, fisheries as vital food sources, political strategies, security issues—the list goes on.” Scheiber is proud of the emphasis Berkeley Law places on the subject, and of the institute’s strong international reputa- tion. “This is the perfect place to address the varied topics LIFE SAVERS: Death Penalty Clinic attorneys Jen Moreno ’06 (left) ocean law presents,” he says. “It’s an interdisciplinary univer- and Megan McCracken with Dale sity community that values collaboration, and we’re fortunate Baich, who presented their American Bar Association award. in our relationships with colleagues in environmental studies, international relations, and the sciences.” —Ben Peterson

TRANSCRIPT SPRING 2016 7 In Brief BCLT SPURS TRANS-PACIFIC TECH-LAW LINK

As investors from Asia play a growing role in Bay Area tech startups, the demand for expertise in intellectual property, patent, and consumer privacy law is soaring—on INTERNATIONAL CONNECTION: Professor Robert Merges greets Supreme both sides of the Pacific. To serve those needs, Berkeley Court of Korea Justice Kwon Soon-il, a former visiting scholar at Berkeley Law has unveiled new initiatives while bolstering overseas Law, during his week-long trip to South Korea last fall. partnerships. In addition to launching Startup@BerkeleyLaw (see page Renmin University in Beijing, China’s top intellectual prop- 38), the school hosted two fall conferences featuring top erty school. Merges also hopes to launch a privacy law pro- legal minds from the United States and Asia. One explored gram with Peking University, and to collaborate with key issues in Korean law, the other best practices for inno- Beijing’s Tsinghua University on culture-gap issues vation and creativity in the United States and China. between Asian and U.S. investors and entrepreneurs. “We’re bringing technology and finance issues together,” To help fuel Berkeley Law’s trans-Pacific programs, says professor Robert Merges, co-director of the Berkeley Merges spent two weeks in Asia last June and a week in Center for Law & Technology (BCLT). “We’re looking for South Korea in September, giving lectures and meeting with early-stage companies funded by overseas sources— top tech lawyers and academics, judges, government offi- Chinese venture funds, for example—to expose students to cials, alumni, and international students. “There’s great these kinds of deals before they’ve even graduated.” demand in Asia for contact with elite U.S. universities and BCLT is fortifying longstanding partnerships with institu- tremendous respect for higher education,” Merges says. “It’s tions like South Korea’s Seoul National University and a very real force that we encounter.” —Ben Peterson

Incubator Helps New Lawyers Fly Solo In 2012, nearly a million Americans who qualified for legal aid never got it—because DREAM there weren’t enough lawyers serving low- WEAVERS: Berkeley Law’s income clients. Others were too poor to Melanie Rowen afford a lawyer, but not poor enough for (left) initiated a new program, legal aid. run by Cynthia That jarring data spurred Melanie Rowen Chandler of of Berkeley Law’s Career Development Office Golden Gate University, to to help create the Bay Area Legal Incubator help recent Bay (BALI), a two-year program through which Area law grads launch solo recent California Bar admits learn to operate

practices. solo practices while serving clients of mod- AND CHANDLER) (ROWEN BLOCK JIM RIDING HIGH: RealtyShares founder Nav Athwal ’10 offers a new option for both investors and developers. A NEW WAY TO DRUM UP REAL ESTATE DEALS

A talented drummer who time and money. This model toured with a percussion brings deals right to inves- band in high school and col- tors and lets them decide lege, Nav Athwal ’10 has a how much to allocate.” keen sense of timing. In minutes, participants Exhibit A: the meteoric suc- can create free accounts cess of RealtyShares. online, browse offerings, His unique company— and invest as little as which connects investors $5,000 in properties that with real estate developers have hold periods from six seeking capital—pooled months to 10 years. more than $90 million last RealtyShares posts only year. Valedictorian of his 5 percent of the proposals Berkeley Law class, Athwal that developers submit. spent 3½ years practicing “Our underwriting and real estate law before review process is very thor- launching the novel online ough, and we never work platform in December 2013. with first-time developers,” “Historically, people inter- says Athwal, who lectures ested in real estate invest- periodically at Berkeley Law. ments could buy property “There’s a growing appetite “THERE’S A GROWING outright or pound the pave- for this platform, and we’re APPETITE FOR THIS ment seeking partners,” he making it worthwhile for says. “Both required lots of both sides.” —Andrew Cohen PLATFORM.” —NAV ATHWAL ’10

est means. Rowen, who pitched the idea and experienced local attorneys, based on after hearing about a similar initiative in their legal interests. Chicago, says the program “is for those who Sharing a workspace in Oakland, the new have an entrepreneurial spirit and want to lawyers work pro bono half time during their use their law degrees to make a difference.” first six months, through partnerships with Fueled by a State Bar of California grant legal services organizations. As they con- and funds from the five Bay Area law tinue building their practices, they will take schools participating, BALI launched in on more clients at manageable fees. January with 13 recent graduates, including “We want to help make the legal profes- BALI is a joint effort of the two from Berkeley Law. The Alameda County five Bay Area law schools: sion better,” Rowen says. “Not just for the Bar Association designed a curriculum— Berkeley, Golden Gate, Santa very wealthy, but for everyone.”

JIM BLOCK JIM taught by faculty from the schools involved Clara, UC Hastings, and USF. —Andrew Cohen

TRANSCRIPT SPRING 2016 9 In Brief STUDENTS DRIVE “MANY CENTER’S NEW LEADER SOCIAL JUSTICE For Savala Trepczynski ’11, new executive director. violates international human ISSUES ARE accepting the keys to the An early priority: making rights standards. In April, law school’s Thelton E. sure students power that leading lawyers, activists, COMING Henderson Center for Social engine. “We welcome every and scholars met with more TO A BOIL Justice was an easy deci- student with an inclination than 80 Berkeley Law stu- AROUND sion. “Berkeley is a high- that social justice matters,” dents to discuss how local, octane engine, and who says Trepczynski, who national, and international THE WORLD doesn’t want to drive a started in January. drug policies impact racial AND RIGHT Ferrari?” says the center’s In her two years as asso- justice. ciate director of Wayne State “Many social justice HERE IN THE University’s Damon J. Keith issues are coming to a boil BAY AREA.” Center for Civil Rights, around the world and right Trepczynski published its here in the Bay Area,” —SAVALA TREPCZYNSKI ’11 Journal of Law in Society, Trepczynski says. “Our rela- coordinated social justice tionship with students must programming, and helped be dynamic, because the secure significant funding. center can’t operate without Previously, she was an regard for what’s happening associate at Keker & Van on the ground.” Nest and clerked for Judge —Andrew Cohen Damon Keith on the 6th U.S. Circuit Court of Appeals. This year, the Henderson Center launched a special- ized certificate program for students who complete a course of study focused on public interest and social Taking Action justice. Last summer, the Last year, the dean’s office center provided funding for created working groups to 11 students to attend the identify criminal, social, #Law4BlackLives gathering and racial justice initia- in New York City. tives that Berkeley Law Convening students, pro- should pursue. The first fessors, and practitioners, active project focuses on the center recently the collateral conse- addressed Martin Luther quences of harsh school King, Jr.’ s advocacy for discipline policies and affirmative action and repa- juvenile court debt. It aims rations, the plight of precari- to decriminalize school ously positioned workers in discipline in Berkeley and the new tech economy, capi- Oakland—and create a tal punishment, and how the model other districts can use for reducing racial dis- subminimum wage for CHANGE AGENT: Savala Trepczynski ’11 has hit the ground running as parities in punishment.

executive director of the Thelton E. Henderson Center for Social Justice. tipped restaurant workers BLOCK JIM

10 TRANSCRIPT SPRING 2016 A Moving Forward by Rallying Together At 9:45 a.m. on March 10, Berkeley Law’s dean, Sujit was the best time to come to Berkeley Law because stu- Choudhry, resigned unexpectedly after it became public that dents would have a unique opportunity to help shape the he violated the campus sexual harassment policy. Just two future of their school. Current students filled the hallways hours later, about 500 prospective students from around the outside of Booth to welcome the visitors. Faculty stood in country were due to start arriving for Admitted Students solidarity before the prospective students and answered Weekend—many of them confused and startled by the sud- every difficult question put to them. den turn of events. In the end, many of those considering Berkeley Law said For staff, faculty, and students, one question loomed large: how impressed they were with the school’s unique sense How to put the school’s best foot forward during a moment of community. of tumult and unpredictability? The answer was to confront the issue head-on. Dean of D D: East Bay Community Law Admissions Ed Tom told a packed Booth Auditorium that this Center Executive Director Tirien Steinbach ’99 (left) describes some of the school’s many opportunities to work with clients. A: UC Berkeley Chancellor Nicholas B Dirks addresses the admitted stu- E: Mary Dahdouh ’18 of the dents inside Booth Auditorium. International Refugee Assistance Project’s Berkeley Law chapter B: Current students give the pro- talks with a prospective student. spectives a rousing welcome after their initial orientation.

C: Members of the Berkeley Journal E of International Law discuss their publication and student journals in general.

C LETTO (A, B); JIM BLOCK (C, D, E) E) D, (C, BLOCK (A, B); JIM LETTO E RACHEL D RACHEL

TRANSCRIPT SPRING 2016 11 At the Leading Edge Of Research and Service Forefront Big Progress On Big Data NEW SEARCH TECHNOLOGIES HELP FACULTY ANALYZE OUTCOMES AND SHAPE STRATEGIES

Professor Justin McCrary likens data analytics to a first-rate GPS, at least when it comes to legal research. “They prevent ill-advised turns and get you where you want to go faster,” he says. Data analytics and new search technologies are helping Berkeley Law scholars improve their work’s predictive quality. Their hope: that efficiently harnessing unwieldy information will lead to more effective litigation, legislation, and adjudication. “It’s exciting to have people from different disciplinary perspectives using similar tools,” says McCrary, who directs UC Berkeley’s Social Science Data Laboratory (dlab.berkeley.edu). “We’re beginning to see how these tools can help increase efficiency and transparency in TECH SAVVY: Professors Kevin many legal areas.” Quinn and Mark McCrary recently co-built a Web portal Gergen use innovative search (openjustice.doj.ca.gov) for the models to help California Attorney General’s Office with analyze court Steve Raphael of the Goldman School of decision-making. Public Policy. It includes extensive information on arrests, violence against police, and deaths in police custody. “The portal is a more helpful release and analysis of data than we’ve

seen from any other attorney general,” he says. BLOCK JIM

12 TRANSCRIPT SPRING 2016 McCrary also helped the U.S. Equal Employment Opportunity Commission develop data systems that reveal factors influencing private sector and govern- mental diversity. On another project, he teamed with fellow professor Robert Bartlett to analyze how various features of U.S. financial markets influence high- frequency trading. Berkeley Law students are also learning about these new techniques and their importance. McCrary and professor Kevin Quinn teach Litigation and FACT FINDER: Buzz-generating studies by Anne Joseph O’Connell expose some Statistics, which illuminates how big data is shaping unpleasant truths about federal agencies. legal practice—particularly litigation. Quinn and professor Mark Gergen used new search models to analyze cases before the New York State Court of Appeals—a key court in tort and contract Mythbuster jurisprudence—from the first half of the 20th century. They unearthed implicit relationships between decisions in these cases and recurring areas of dis- Provides Timely agreement among the judges: moralistic versus prag- matic, liberal versus conservative, stability versus flexibility. The professors are conducting a similar Revelations study of California Supreme Court cases. “Much of what legal academics pursue is rooted in PROFESSOR ANNE JOSEPH O’CONNELL large bodies of text—court opinions, agency regula- DELIVERS GROUNDBREAKING tions, or statutes,” Quinn says. “These new statistical RESEARCH ON HOW ADMINISTRATIVE methods streamline our analysis of these texts and have the potential to open new areas of research.” LAW REALLY WORKS Professor Eric Biber and former colleague Eric Talley have begun analyzing appellate briefs and When it comes to presidential appointments, a opinions in National Environmental Policy Act (NEPA) toxic mix of postponed nominations, failed nomina- cases. They will try to identify patterns that correlate tions, and delayed confirmations is wreaking havoc with outcomes—leading to predictions about how on federal agencies. courts will rule in similar cases. Such predictions “Extremely important agency positions often are could help determine if NEPA might successfully not filled,” says professor Anne Joseph O’Connell, a challenge a development project, or guide those leading expert on the mechanisms of this sputter- interested in challenging NEPA compliance. ing machine and their effect on governance. “I’m “Much of this predictive work has been done in pri- worried about the functioning of modern govern- vate law,” Biber says. “We want to learn how to do it ment, which relies heavily on administrative agen- in public law, which might be tougher because it cies to do its work.” involves a wider range of statutes. But it’s vital for O’Connell’s diagnoses are clearly valued. Two nongovernmental entities and small organizations to years ago, she was appointed to the Administrative have access to these methods.” —Andrew Cohen Conference of the United States—an independent federal agency dedicated to improving agency pro- “...THESE TOOLS CAN HELP cedures. The U.S. Court of Appeals for the District of INCREASE EFFICIENCY AND Columbia Circuit recently cited her work in a case as it lamented the lag time between vacancies and TRANSPARENCY IN MANY confirmations. LEGAL AREAS.” In 2015, O’Connell won the American Bar

JIM BLOCK JIM —JUSTIN McCRARY Association’s annual award for best administrative

TRANSCRIPT SPRING 2016 13 Forefront

law paper or book published in the preceding year. She received the same award in 2010, one of only five scholars to win it multiple times since its Getting Out inception in 1986. Her eye-opening research in “Bureaucracy at the Boundary” refutes prevailing conceptions of admin- The Youth Vote istrative law by exposing the surge of “fringe” agencies—over which the executive branch has minimal control—and their prominent role in today’s regula- CINDY DINH ’16 AND PAUL tory state. In doing so, she shows the chaotic treat- MONGE ’18 DRAFT A BILL THAT ment of these entities by the courts. The award WOULD AUTOMATICALLY REGISTER judges described O’Connell’s paper as “beautifully CALIFORNIA COLLEGE STUDENTS written” and “meticulously researched.” More recently, O’Connell produced a study of What began as a simple dinner conversation presidential appointments that between friends quickly transformed into a deter- “EXTREMELY identified a troubling rise in mined campaign to empower California’s young failed nominations and the con- voters. IMPORTANT firmation time required for all Berkeley Law students Cindy Dinh ’16 and Paul AGENCY non-routine civilian positions Monge ’18 met six years ago as fellows at UC POSITIONS since 1981. Through 2014, Berkeley’s Public Policy International Affairs Junior OFTEN ARE President Obama had 28 per- Summer Institute. While catching up over pasta in cent of his agency nominations January, they shared concerns about the state’s NOT FILLED.” returned to him or withdrawn, waning support of higher education—and started —ANNE JOSEPH compared to 17 percent for brainstorming ways to give students a bigger voice. O’CONNELL President George H.W. Bush. The Soon thereafter, they began constructing a bill that average confirmation time for would set the stage to automatically register stu- Obama’s nominees—127 days—was more than dents in California’s public colleges and universities. twice that for President Reagan’s. Now co-authored by Bay Area assemblymembers In earlier work, O’Connell found that a smaller set David Chiu and Rob Bonta, the “Student Voting Act” of senior executive agency positions were empty or proposes to register students within the UC,

filled by acting officials between 15 and 25 percent California State University, and California Community DELETTO RACHEL of the time, on average, from 1977 to 2005. “Nominations are slow to come out of the White House, and our tedious appointments process asks for duplicative information,” she says. “Until very recently, we also saw a troubling lack of training for private sector leaders who were tapped to head public agencies.” The result: greater turnover, a shrinking pool of viable candidates, and what O’Connell calls “a pretty homogeneous group of Washington insiders.” She recommends trying to secure two- or four-year commitments from candidates, and confirmation deadlines for key posts in sensitive areas such as national security. O’Connell applauds a recent statute eliminating the confirmation requirement for 200 non-senior agency jobs, and wants that extended to other positions. She also seeks “a manageable process that doesn’t require nominees hiring private lawyers to fill out the paperwork.” —Andrew Cohen

14 TRANSCRIPT SPRING 2016 Colleges systems when they sign up for classes. In the November 2014 statewide general election, Students could opt out of registration if so inclined. only 8 percent of eligible Californians aged 18 to 24 For their efforts, Dinh and Monge received UC cast ballots. That demographic made up just 4 per- Berkeley’s annual Chancellor’s Award for Public cent of the entire voting electorate, and almost half Service in the Graduate Student Civic Engagement of that age group’s members were not registered to category. vote. “Voter registration remains a significant barrier to “Modernizing and reimagining the way we register public participation in our state’s democracy, espe- voters can meaningfully reduce some existing obsta- cially among highly mobile young people,” Monge cles that contribute to lower youth turnout,” Monge says. “When students move or their information says. “We care deeply about promoting a democracy changes, their registration records often aren’t that’s more inclusive of young people’s voices.” updated—effectively keeping them off the voter —Andrew Cohen rolls.” Dinh and Monge researched other automatic registration models nationwide and found inspiration in California’s “motor voter” law. Set to be implemented next year, the law will automatically register those who apply for, or renew, their driver’s licenses. The students consulted with Berkeley Law faculty and staff, developed a formal proposal, and drafted their bill’s initial language. “We’ve been fortunate to have so many supporters offer insight on how automatic voter registration might look if implemented at the schools,” Dinh says. She credits professor Bertrall Ross, Dean of Students Annik Hirshen, registrar Carol Rachwald, and university registrar Walter Wong for “having an open-door policy and graciously talking with us early in the process.”

ILLUSTRATION BY PETER HOEY HOEY PETER BY ILLUSTRATION Dinh and Monge have met with lawmakers in Sacramento and visited other California cities to enlist support. In March, they secured the endorsement of the University of California Student Association, which represents 240,000 students from all 10 UC campuses. Sharpening the The association will couple the effort with its own UCweVOTE campaign, and urge the universi- Scholarly Edge ty’s Board of Regents and President Janet Napolitano to BERKELEY LAW FACULTY implement automatic voter registration on campuses. INFORM HIGH-COURT RULINGS AND POPULATE RANKINGS FOR MOST-CITED ARTICLES

Schools often herald faculty members as “renowned” or “influential” without defining their cri- REGISTERING CHANGE: Paul Monge ’18 and Cindy Dinh ’16 want their bill to help teria. Quantifying academic prominence can be empower California’s young voters. tricky, but recent metrics indicate that Berkeley

TRANSCRIPT SPRING 2016 15 Forefront

Law’s faculty enjoys elite status in legal scholarship. “inherently discriminatory” and noted that the state A study of the 50 most-cited private law articles taxed residents on income earned inside and outside published in law reviews from 1990 through 2015 Maryland without providing full credit against taxes included seven by Berkeley Law faculty—10, if one paid to other states. includes articles Mark Lemley ’91 published while a While banning “race neutral” housing policies that professor at the school. have the same effect as intentionally discriminatory Longtime professor Robert Merges authored policies, the court noted a brief co-authored by three—including one ranked No. 2, on the complex senior fellow Richard Rothstein. It described how fed- economics of patent scope. Another intellectual prop- eral public housing programs have “maintained and erty titan, professor Pamela Samuelson, had two often exacerbated segregation, and concentrated entries. Other Berkeley Law faculty on the list: the poverty in many U.S. neighborhoods since the Fair late Joseph Sax, known as the “father” of modern Housing Act was enacted in 1968,” Rothstein says. environmental law, and newly retired Melvin —Andrew Cohen Eisenberg, one of his generation’s leading contract theorists. “It’s a real testament to our exceptional scholars,” says professor Holly Doremus ’91, associate dean of faculty development and research. “Their ground- Weighing in breaking work has been hugely influential in the legal academy.” Samuelson, Sax, and Eisenberg also joined fellow At a Watershed Berkeley Law professors Daniel Farber and William Fletcher and deceased faculty members Max Radin, Moment William Prosser, and Philip Frickey on a recent listing of the 250 most-cited legal scholars. Compiled by HeinOnline, the ranking tallies how often authors INSTITUTE OFFERS PIVOTAL have been cited by cases, and by articles from the GUIDANCE IN THE WAKE OF past 10 years, as well as how often their works are accessed online. CALIFORNIA’S HISTORIC DROUGHT Another affirmation source: the U.S. Supreme Court, which last year cited the work of several There has been no drought in the recent activities Berkeley Law faculty members. and influence of the Wheeler Water Institute, a key Justice Anthony Kennedy noted research by pro- initiative within Berkeley Law’s Center for Law, fessor Jonathan Simon ’87 in his Davis v. Ayala con- Energy & the Environment (CLEE). currence, which urged courts to consider more In February 2016, CLEE published guidelines for closely the solitary confinement of prisoners. Noting local groundwater agencies that can now be created that penology and psychology experts “continue to under California’s historic Sustainable Groundwater offer essential information and analysis,” Kennedy Management Act. The 2014 legislation sought to cre- mentioned Simon’s The Sage Handbook of ate a new local regulatory body for every watershed Punishment and Society. in the state—but provided little detail on structure, Kennedy also appreciated an amicus brief of fam- governance, and financing mechanisms. ily law scholars coordinated by faculty member Joan “It’s a double whammy,” says Wheeler Water Hollinger, a leading advocate for children raised by Institute Director Michael Kiparsky. “Reducing the gay and lesbian parents, in Obergefell v. Hodges— use of groundwater is challenging enough, but doing which legalized same-sex marriage nationwide. His that while also asking users to fund new oversight majority opinion closely mirrored the brief’s language requires these agencies to be designed in a really while discussing the harm children suffer when their robust way.” same-sex parents cannot marry. The court cited repeatedly an amicus brief co- authored by professor Alan Auerbach in rejecting FLOWING FORWARD: Director Michael Kiparsky leads Maryland’s personal income tax structure. Relying on the Wheeler Water Institute, which strives to develop Auerbach’s analysis, the court called the system policy prescriptions for water-related problems.

16 TRANSCRIPT SPRING 2016 “THE RESULTS AREN’T JUST LEGAL In a separate April 2016 report, CLEE tackled the ANALYSES OR SCIENTIFIC REPORTS controversy of citizen groups suing alleged violators of the Clean Water Act. The report is the first in-depth OR ECONOMIC BRIEFS, BUT INSTEAD attempt to evaluate the effectiveness of citizen A TRUE MELDING OF PERSPECTIVES enforcement to address sewage overflows. It was “particularly challenging,” says Kiparsky. “This is a TO YIELD NEW SOLUTIONS.” contentious area among stakeholders, so we’re using —JORDAN DIAMOND ’08 data to help advance the conversation.” In 2015, CLEE analyzed how to facilitate adoption of Green Stormwater Infrastructure (GSI), which, unlike traditional networks of drains and gutters, folio of work is how powerfully it bridges disciplines. uses vegetation and soil to cleanse rainwater. The The results aren’t just legal analyses or scientific approach mimics natural processes that result in reports or economic briefs, but instead a true meld- cleaner stormwater and healthier streams. ing of perspectives to yield new solutions,” notes CLEE’s analysis urges more monitoring of the cost- CLEE Executive Director Jordan Diamond ’08. effectiveness of individual technologies, and better Some of the Institute’s early greatest hits include dissemination of outcomes so cities and towns can influential work on reducing the innovation deficit in transition to GSI with greater confidence. David urban water; launching a UC-wide coalition to exam- Smith, who works on Clean Water Act permitting at ine the intersections of water data, institutions, and the U.S. Environmental Protection Agency, says, infrastructure in California; convening former adver- “CLEE’s report came at the right time with the right saries to discuss lessons from the Mono Lake “public message.” Inspired by the report, he plans to gather trust” ruling; and advising lawmakers on California’s practitioners for a workshop on cutting-edge moni- recent fracking legislation. toring techniques and results. “We enjoy combining the energy of students with Formed in 2012 with seed funding from the late the intellectual horsepower of faculty across UC Henry “Sam” Wheeler (see article on Bill Bagley ’52, Berkeley to solve real-world problems,” says page 62), the Wheeler Water Institute is expanding Kiparsky. “I’m excited about the momentum we’ve the conversation about water policies that make generated, and there’s more to come.”

JIM BLOCK JIM sense. “Part of what distinguishes the Wheeler port- —Sophia Raday Forefront All Rights Unreserved SAMUELSON CLINIC HELPS AUTHORS NAVIGATE THE TRICKY WATERS OF OPEN ACCESS

For some authors, especially academics, sharing their writing and research with the world is critical. Deciding how best to do so, however, can overwhelm even the most seasoned scribes. Fortunately, the Samuelson Law, Technology & Public Policy Clinic has harnessed its expertise to serve the public good yet again, this time by providing cogent information about when, why, and how to make one’s work openly accessible. The guidebook WRITE GUARDS: Recent Samuelson Clinic student Rachael Understanding Open Access, which the clinic pro- Shen ’16 and teaching fellow Brianna Schofield ’12 co-authored Understanding Open Access with Lexi Rubow ’15. duced for the nonprofit Authors Alliance, helps writers determine whether open access is right for their work—and, if so, how to go about placing it. “We wanted to debunk myths about open access “Many employers and funders are also adopting and provide balanced information about its benefits open-access policies because they recognize the and limitations,” says Samuelson Clinic teaching fel- public interest benefits of making works more widely low Brianna Schofield ’12, who co-wrote the guide available,” says Schofield. “Yet even authors who are with Lexi Rubow ’15 and Rachael Shen ’16. not bound by these policies need information to Until recently, authors who wanted to make their weigh whether open access is right for them, and writings widely available had to submit them to pub- how to evaluate different publishing options.” lishers and relinquish copyright control through a The guidebook explains the two basic types of proprietary “all rights reserved” model—which open-access publishing: gratis (work available online directly offered the works only to paying customers. at no cost) and libre (work available online free of With the surge in global digital networks, however, charge and with additional reuse rights through a authors now have other options for broadly commu- Creative Commons license). In doing so, it describes nicating their ideas. how to comply with open-access policies, set the While some authors find that open access terms for availability, choose a suitable publisher, increases their works’ visibility and ability to benefit and submit work through an open-access repository. the public, others are skeptical about its impact on This marks the second in Authors Alliance’s series other publication goals—including rigorous peer of educational guidebooks for writers, building on the review, prestige, or monetary compensation. success of Understanding Rights Reversion. “We The trend toward open access is clearly gaining wanted to provide timely, useful tools for authors, steam, though. In 2013, responding to pressure to researchers, and anyone who wishes to share knowl- make available scholarly articles and other materials edge for the public good,” Schofield says. produced at taxpayer expense, the White House The guide can be accessed—you guessed it—for began requiring that the results of all federally free on the Samuelson Clinic’s website.

funded research be offered to the public for free. —KC Trommer BLOCK JIM

18 TRANSCRIPT SPRING 2016 school curiosity into law-school applications. Narechania earned his JD at Columbia, where he Proudly Back won numerous academic awards. After clerking for Chief Judge Diane Wood on the 7th U.S. Circuit Court In Berkeley of Appeals he was named special counsel to the Federal Communications Commission (FCC), where he helped develop net neutrality rules. In 2013, he NEW FACULTY MEMBER TEJAS returned to Columbia as a research fellow in law, sci- NARECHANIA ENCHANTED BY ence, and technology. COLLEAGUES’ LEADERSHIP IN Narechania has already produced substantial pub- TECH LAW lished work that centers on innovation policy, tackling topics such as patent conflicts, judicial priorities, One could forgive Tejas Narechania if he bragged a and government authority over broadband regula- bit. Yet coupled with his impressive set of achieve- tion. One of these papers was recently cited in the ments in just five years since he graduated from law FCC’s proposed rulemaking on net neutrality, which school—including a new tenure-track position at he calls “exhilarating and gratifying.” Berkeley Law—is a clear sense of humility. Narechania will teach a 1L property course and an “As a former UC Berkeley undergrad, I’m truly hon- IP-related seminar in 2016-17, and also teach ored to be coming back as part of the law school fac- Telecommunications Law and Policy in his second ulty,” Narechania says. “The school is so well year. In addition, he’ll become a faculty co-director of regarded, especially in my areas of research—law the Berkeley Center for Law & Technology (BCLT). and technology, intellectual property, antitrust … I’m “Joining BCLT was a huge draw,” he says. “The cen- excited to learn from so many top scholars, some of ter has been a longtime leader on tech-law issues whom essentially created their fields.” and is well known for exceptional faculty, great Unanimously recommended by Berkeley Law’s fac- resources, and a commitment to pursuing pioneering ulty appointments committee, Narechania will arrive work. That’s one of many, many reasons why I’m so in July—after finishing a coveted clerkship on the eager to get started.” —Andrew Cohen U.S. Supreme Court, for Justice Stephen Breyer. “It’s been a humbling opportunity to interact so closely with Justice Breyer,” Narechania says. “Walking into the Supreme Court every day, knowing that’s where I get to work … it’s a weighty responsibility and a genuine thrill.” Narechania majored in electrical engineering and computer science at UC Berkeley, planning to “become a computer programmer for the rest of my life.” But a political science class that focused on legal and social issues “I’M EXCITED TO LEARN related to technological change prompted him to FROM SO MANY TOP major in that field, too— SCHOLARS, SOME and to think more OF WHOM ESSENTIALLY broadly about the intersections of law and CREATED THEIR FIELDS.” technology. —TEJAS NARECHANIA That interest grew steadily during three years at Microsoft, where he helped develop marketing strategies for beta-version software and build training programs for high-value clients. Seeing the SUPREME ACHIEVER: Tejas Narechania will join Berkeley Law’s faculty in July after finishing his clerkship with U.S. extent to which antitrust and other legal issues Supreme Court Justice Stephen Breyer. affected the company’s operations turned law-

TRANSCRIPT SPRING 2016 19 CARA SANDBERG ’12 JOSE VARELA ’86

20 TRANSCRIPT SPRING 2016 PHOTOGRAPHY BY J. MICHAEL TUCKER Five alums who give their time, insight, and expertise to help students navigate law school—and beyond BY ANDREW COHEN

TED MERMIN ’96

MIYOKO SAKASHITA ’05

DAVID ROBERTS ’74

TRANSCRIPT SPRING 2016 21 n The Odyssey, Homer’s epic tale, King Odysseus places the care of his home and beloved son in the hands of a friend— Mentor—before heading off to fight in the Trojan War. Three thousand years I later, the responsibilities of modern-day mentors might be far less daunting, but the role of trusted advisor endures. Every Top 10 law school boasts talented faculty, exceptional students, and top-notch programs. The spirit of a school— WALKING THE WALK: Marin County public defender Jose Varela its collegiality, camaraderie, and has developed several mentoring-related programs during his the continuity of connection with 30-year career. alumni—is often what makes it JOSE VARELA ’86 distinctive. That’s where mentorship can THE WHOLE TRUTH, AND make a difference. And at NOTHING BUT Berkeley Law, students happily Mentoring is not an altruistic hobby for Jose Varela ’86. It’s a way of life. Whether serving as a case consultant, find that more alums than ever career advisor, or father figure, he tries to be a support- devote their most precious com- ive professional and, at the same time, a teacher who expects solid legal competence. modity—time—to mentoring. By “The nuances of lawyering aren’t taught in law supervising clinic projects, facili- schools,” he says. “Negotiating a salary, dealing with criticism, staying disciplined during a heated trial—it’s a long tating professional networks, and list. I love helping people navigate those areas.” Despite a hectic schedule as Marin County’s public offering job interview tips, this defender, Varela spends significant time guiding students busy lot is generously helping from Berkeley Law, other law schools, colleges, and even high schools. Having developed several mentoring- the next generation traverse law related programs in his career, he offers candid and fre- school and beyond. quently unsweetened advice. “Some mentors often focus on being cheerleaders,” he says. “But if we don’t give Meet five Berkeley Law grads young people realistic assessments—of themselves and of whose mentoring helps enrich the profession—we do them a disservice.” Recently, Varela met with a law student who had

student lives—and their own. interned at a district attorney’s office. “He was bemoan- TUCKER MICHAEL J.

22 TRANSCRIPT SPRING 2016 ing how his supervisor got on his case,” Varela recalls. “But after we talked through what happened, it became clear that his supervisor was just giving pointed and real- “IF WE DON’T GIVE YOUNG istic constructive criticism.” Varela mentors Berkeley Law students who work in his PEOPLE REALISTIC office, meet him through the Association of Latino Marin Attorneys, or contact him directly. He also speaks regu- ASSESSMENTS ... WE DO larly at the school on how students can best cultivate productive mentoring relationships with attorneys. THEM A DISSERVICE.” “For law students and young lawyers, it’s a big plus to —JOSE VARELA ’86 have parents who were also lawyers or who come from professional networks,” he says. “That opens a lot of doors. But if you’re the first in your family to attend col- “Sometimes you have to be twice as good to get half as lege or otherwise don’t have those networks, you’re at a far.” Varela began accepting more challenging cases, disadvantage. It’s wonderful to help level that playing offering himself for more community volunteer work, field.” and mentoring others. Now, nearly three decades later, Early in his legal career, an experienced co-worker at he says mentoring “is critical to providing hope and sup- the Los Angeles Public Defender’s Office told him, port in an often cynical profession.”

POWER OF YES: Cara Sandberg offers practical advice to a wide range of Berkeley Law students.

CARA SANDBERG ’12 ALL-PURPOSE PROVIDER

In baseball parlance, Cara Sandberg ’12 is a prized utility player. While Berkeley Law appreciates alums who can counsel people in specific areas, it also relishes grads like Sandberg, whose mentoring versatility helps a diverse lineup of students score confidence, interviews, and jobs. Soon after graduating, she became a go-to mentor for women of color, African-American students, and judicial clerkship applicants. Providing guidance and reassur- ance is a natural fit for Sandberg, who served as the dean of a Bronx high school before enrolling at Berkeley Law. “I remember how utterly confused I felt during my first year of law school,” she admits. “Without the guidance of some wonderful and motivated people at the Women of Color Collective, I would have been totally lost. When I reached the point where I had some knowledge that could help other students, it was exciting to return the favor.” As a student, Sandberg did that within formal mentoring programs through the Collective and the California

J. MICHAEL TUCKER MICHAEL J. Law Review. Now an impact litigation fellow at the Santa

TRANSCRIPT SPRING 2016 23 Clara County Counsel’s office, she often confers with others. That reflects what makes Berkeley special—its Berkeley Law students. culture of collaboration rather than competition.” “It’s a great way to hear about what’s going on at the Sandberg also applauds the school’s First Generation school and to stay connected,” Sandberg says. “I enjoy Professionals group for elevating that culture. Formed in seeing how available our alumni are to current students. 2011, the student organization now provides mentorship, Any time I reach out to classmates or colleagues about career advising, networking events, and social activities talking with a student or a recent grad, they’re always for more than 50 first-generation students. willing to give their time. “Many of the students I’ve worked with include First “With students, I often explicitly say, ‘I’m happy to Generation Professionals on their resume,” she says. help you because I know you’ll help the students coming “That’s great to see. Members provide valuable support behind you.’ It’s heartening to see that happen repeat- and guidance to one another, and their presence enriches edly. Students I’ve worked with go above and beyond for the law school in numerous ways.” Tour Guides on the Clerkship Path

Before coming to law school, Jessica didn’t begin the process until after your out to alums was really worthwhile. It Oliva ’16 “had no idea what a judicial 2L year,” LoPresti says. “Now, there’s was inspiring to hear them describe clerkship was, let alone the work this unstructured race out of your 1L how clerking helped launch exciting required to apply for one.” year to apply. The process is intensive and meaningful legal careers.” Adding to that uncertainty: Clerkship and opaque. It takes a ton of time to do Ages returned the favor this year by applications have become increasingly it right, and I’m happy to help.” mentoring 2L clerkship applicants— competitive—and more complex. Like Oliva, Galen Arkush Ages ’16 sharing his research on various That’s why Career Development Office knew nothing about clerkships before judges, offering interview tips, and Director of Operations Eric Stern working as a paralegal at a plaintiff- quelling anxiety. enlists alums to help him guide stu- side firm. Noting that many of the “We have a very special community dents through the thorny process. firm’s attorneys had clerked, he began at Berkeley Law and I want to do any- Oliva, who will clerk for Chief Judge exploring the possibility. thing I can to help our applicants suc- Barry Ted Moskowitz (U.S. District Ages, who will clerk for Judge ceed,” he says. “Also, after all the great Court for the Southern District of Haywood Gilliam, Jr. (U.S. District advice I got from 3Ls and alums, I felt California), credits Stern for giving Court for the Northern District of that I had a duty to ‘pay it forward.’ ” applicants access to “an incredible California), says, “Taking time to reach —Andrew Cohen amount of resources.” Helped “immensely” by former clerks Yulia Zeynalova ’12 and Yelena Nam ’15, Oliva says, “Everyone I spoke to provided helpful advice, and I learned how to best tailor my cover letters to stand out.” This year, 59 Class of 2016 grads landed clerkships. Alums such as Tony LoPresti ’12 helped make it possible. Having clerked for two U.S. Court of Appeals judges, he enjoys soothing the nerves of applicants. “When I applied for clerkships, the system was more manageable, and you

NAVIGATION SYSTEM: Alums like Tony LoPresti ’12, who worked for two U.S. Court of Appeals judges, help students maneuver through the intricate

clerkship application process. TUCKER MICHAEL J.

24 TRANSCRIPT SPRING 2016 ROLE PLAYER: David Roberts adopts different client personas to help prepare budding business lawyers. DAVID ROBERTS ’74 TAKING CARE OF BUSINESS For years, David Roberts ’74 has seen young lawyers struggle to grasp vital business concepts. “Many don’t understand how business really works,” says Roberts, who has founded several INC 500 companies and is now a managing director of Focus Investment Banking. “Firms and their clients don’t want to spend time and money educating new lawyers about how to advise on transactions.” So when lecturer Bill Kell launched Berkeley Law’s New Business Practicum in 2007, he reached out to Roberts and other experts who could help students bridge that gulf. The Practicum teams business students with law students to tackle core issues that new entities often encounter. It also lets Roberts take to the stage. “I play the role of a business person who has a problem and needs advice,” he says of the Practicum’s training simulations. “We present various client personas, from arrogant to chauvinistic to innocent to someone going through a divorce. Business lawyers have to deal with more than just contract terms; they have to deal effectively with the human aspect of transactions. In these simulations, we cover practical and ethical issues, and address business areas that many lawyers fail to anticipate.” The scenarios are all grounded in real-life cases—many of which Roberts has confronted personally. A former securities analyst and portfolio manager with a hedge fund that focused on health care investments, he now “WE ADDRESS BUSINESS leads a six-person mergers and acquisitions team for his company’s automotive group. AREAS THAT MANY Amid the growing demand for lawyers who can ably address business clients’ concerns, Roberts derives “tre- LAWYERS FAIL TO mendous satisfaction” from helping Berkeley Law students through the Practicum and individually. When ANTICIPATE.” talking with them, he relays personal triumphs—as well —DAVID ROBERTS ’74 as stumbles. “I’ve started a number of companies as an entrepreneur, from a Chuck E. Cheese franchise to a billion- zled, the employee who was sued for sexual harassment, dollar collision repair company; some were successful and the investor who got cold feet. It’s gratifying to relay and some weren’t so successful,” says Roberts, who these experiences and help students gain a broader earned a JD from Berkeley Law and an MBA from Haas appreciation of how to approach and solve key issues,

J. MICHAEL TUCKER MICHAEL J. School of Business. “I’ve had the executive who embez- and how to learn what they mean in a larger context.”

TRANSCRIPT SPRING 2016 25 MIYOKO SAKASHITA ’05 dents. When mentoring aspiring lawyers, she focuses on three main areas: learning their professional goals, giving FINDING THE RIGHT them the workplace tools to gain full-time environmental law positions, and—much like Varela—providing “real ENVIRONMENT feedback that isn’t sugarcoated.” She also facilitates networking connections by intro- During her student days at Berkeley Law, a mentoring ducing clerks to established professionals in the field at program connected Miyoko Sakashita ’05 with alums conferences and social gatherings. working in environmental law. “I got to know another In addition, Sakashita sits on the advisory board for woman who was enjoying success on a path I wanted to Berkeley Law’s Center for Law, Energy & the pursue, which was huge for me,” she says. “She assuaged Environment, a role she has held since 2007. She is many of my concerns and really built my confidence.” “thrilled” to see the school’s new Environmental Law Sakashita also demonstrated what mentors universally Clinic and longstanding Environmental Law Certificate encourage in their mentees—initiative. She researched expand career-enhancing opportunities—and to provide organizations that sparked her interest, volunteered for a sounding board for students pursuing them. the Center for Biological Diversity, and was offered a “In our line of work, we’re building a movement that full-time position. Now the Center’s oceans director and needs driven and talented new lawyers,” Sakashita says. senior counsel, she helps secure protections for imper- “If we truly value saving the planet, we need creative iled marine life and ecosystems from threats such as people who will lead this work in the years ahead. It’s global warming, ocean acidification, and pollution. rewarding to see this movement growing, and to see how “The Center’s staff members were so inspiring,” she mentoring propels it forward.” says. “They were very effective in saving wild places and getting other meaningful conservation results. Beyond that, they made it a point to spend time talking with me TED MERMIN ’96 about how to maximize my efforts in this type of work. I kept in contact, followed the cases they were working ENCOURAGING on—and eventually begged them for a job.” Sakashita now works closely with the Center’s law CONSUMER COURAGE clerks, including a “steady pipeline” of Berkeley Law stu- After working as a judicial clerk and private-practice attorney, Ted Mermin ’96 applied for a dream job with the Civil Rights Section of the California Attorney General’s Office. The application form required him to list another section he’d be interested in. The Consumer Law Section looked intriguing (only question: What exactly was consumer law?). Twenty years later, Mermin is a beacon in the field and a role model for students. Serendipity launched an “immensely gratifying” career— and a desire to build more lanes on the bridge he found without a roadmap. “I wanted to help give people interested in consumer law a smoother, more direct path than my own,” Mermin says. Several years after gaining a professional foothold, he was asked to conduct a Berkeley Law training session for members of Thailand’s Supreme Court. Soon thereafter, the school hired him to teach its first JD course on consumer law. His classes blossomed from eight students to the maximum 30—with a growing waiting list—and Berkeley Law now offers three consumer law courses with more in the works.

GENERATION NEXT: For Miyoko Sakashita, mentoring serves an environmental protection effort “that

needs driven and talented new lawyers.” TUCKER MICHAEL J. Buoyed by his guidance, former students now work at the Federal Trade Commission, Consumer Financial Protection Bureau, and leading nonprofits in the field. Mermin also helped establish the Consumer Justice Clinic within the East Bay Community Law Center, which defends debt-collection lawsuits, educates consumers on deceptive and predatory lending programs, and litigates against operations that victimize non-English-speaking immigrants. “We quickly realized the need for systematic reform,” Mermin says. “We worked for three years to pass the Fair Debt Buying Practices Act in California, and clinic students played a huge role in that success. This past year, students were integral again in the passage of two follow-up bills on debt collection and wage garnishment.” Part of the school’s public interest mentoring program for a decade, he recently helped create a consumer law alumni mentor program with Allison Pincus ’17 and Joshua Epstein ’17. Mermin marvels at how consumer protection fever now permeates Berkeley Law, as evidenced by curricular and clinic expansion, conferences, and students forming the Consumer Advocacy Protection Society and the Consumer Rights Workshop. “We want to cultivate courageous lawyers, and a good way to do that is by letting students and attorneys know BRIDGE BUILDER: After meandering into that people care about their dreams and care about their his own consumer law career, Ted well-being,” he says. “When you feel supported, it’s easier Mermin helps Berkeley Law students chart a more direct route. to feel emboldened.” n

accessible through the new portal. “Connecting law students and junior New Alumni-Student lawyers with more senior experienced lawyers is a very powerful value propo- sition,” he contends. “I certainly wish Network Coming Soon that as a junior lawyer I’d had a mentor to turn to for advice.” Whether you’re a student thinking asset students and graduates have While the structure and technology about your future—or an alum looking is Berkeley Law’s generous and far- for the new platform are in develop- for an expert in a specific field, consid- reaching alumni network. ment, Assistant Dean of Advancement ering a career shift, or moving to a new “Our alums provide invaluable sup- Amy Ambrose highlights two key priori- city—soon the Berkeley Law commu- port, whether it’s helping students ties: providing a comprehensive direc- nity will have an online space to con- explore a specific career path, prepar- tory of alumni—both by location and nect with the school’s talented and ing for an interview, or discussing how practice area, as well as a hub where accomplished graduates. to break into a particular legal market,” graduates can take advantage of the The Alumni Center, Student Services he says. “We can’t wait to see how the lifelong benefits of membership in the Office, and Career Development Office new portal enhances our support of Berkeley Law circle. (CDO) are collaborating to build a the career goals of current students, “It will be a powerful tool and state- robust online portal that will enable as well as the career transitions of our ment about who we are as a commu- community members to network, seek graduates.” nity,” Kuo says. “A cohesive network and offer mentorship and advice, ask Incoming Boalt Hall Alumni where we can connect intergenerational questions, and share job opportunities. Association President John Kuo ’88 alumni at all levels of their careers will Eric Stern, the CDO’s director of oper- says he is especially excited about the perpetuate the cycle of excellence.”

J. MICHAEL TUCKER MICHAEL J. ations, believes the most powerful mentoring opportunities that will be —Rachel DeLetto

TRANSCRIPT SPRING 2016 27 Primed for Practice HIGHLY EXPERIENCED: Jerri Kay-Phillips ’16, Ahmed Lavalais ’17, Caitlin York ’16, Fanna Gamal ’16, and Tim Horgan-Kobelski ’16 boosted their career readiness by taking advantage of myriad professional skills offerings and working extensively with clients.

28 TRANSCRIPT SPRING 2016 PHOTOGRAPHY BY J. MICHAEL TUCKER; PHOTO-ILLUSTRATION BY TRANSCRIPT Primed for Practice By creating more opportunities for hands-on learning, Berkeley Law gives its students a vital edge.

TRANSCRIPT SPRING 2016 29 Who Says You Can’t Teach Experience?

Ty Alper dives into his new role leading Berkeley Law’s experiential education strategy INTERVIEWED BY ANDREW COHEN Experiential Education

t times, it seems as if the legal profession has changed more in the past eight years than in the previous eight decades. Waves from the 2008 economic downturn continue to rock financial models at many law firms. Legal practice is increasingly complex amid an explosion of international transactions.A And an ever-growing number of individuals in need can’t afford legal representation.

30 TRANSCRIPT SPRING 2016 Who Says You Can’t Teach Experience?

CHARTING THE COURSE: Clinical professor Ty Alper co-chairs the Experiential Education Task Force and spearheads Berkeley Law’s efforts to promote “learning by doing.”

Law schools everywhere have responded by riding the Andrew Cohen: What is experiential education? surf. As the legal profession evolves in ways that demand Ty Alper: It’s learning through direct experience. greater readiness from today’s law grads, the pressure Experiential education is learning to drive in an actual mounts on schools to provide them with valuable prag- car, with your hands on the wheel—and with your mom matic experience. in the passenger seat, gripping the door handle. Most Berkeley Law has long been proactive in helping stu- people learn best by doing, even though that can be dents hone concrete lawyering skills. In recent years, nerve-wracking, embarrassing, or downright scary. It however, the school has greatly expanded its clinical can also be thrilling and life-changing. In law schools, and professional skills offerings. experiential education tends to mean clinics, field place- Clinical professor Ty Alper, associate dean for expe- ments, advocacy competitions, and skills classes and riential education, leads Berkeley Law’s efforts to craft similar courses that give students an opportunity to a long-range plan for hands-on learning. In January perform in the role of lawyer, on behalf of either real 2015, the school launched the Experiential Education or simulated clients. Task Force, which Alper co-chairs with professor Eric Biber, to evaluate where Berkeley Law stands and where Is there growing pressure on law schools to deliver gradu- it can improve. ates who can hit the ground running? Alper recently discussed his team’s findings—and how Sure. Of course, no young lawyer right out of law school to give students more practical learning opportuni- could possibly know everything she needs to know to ties—with senior communications writer and Transcript be a world-class attorney. So we like to say that we’re

J. MICHAEL TUCKER MICHAEL J. managing editor Andrew Cohen. preparing our students to enter the profession—to have

TRANSCRIPT SPRING 2016 31 After piloting within the East Bay Community Law Center, the Policy Two New Clinics Fuel Advocacy Clinic (PAC) launched last fall as a stand-alone entity. Berkeley Law and public policy students col- Momentum laborate on projects aimed at increasing social justice, equity, and Continuing to expand hands-on The clinic tackled three projects inclusion for underserved clients. learning opportunities, Berkeley Law last semester. One analyzed Led by longtime clinical professor launched two in-house clinics this whether the Environmental Jeffrey Selbin, the clinic released a past year. Protection Agency should consider report on the growing tendency to Led by former California Deputy the monetary costs of cleaning criminalize homelessness in Attorney General Claudia Polsky ’96, downstream pesticide-polluted California—which became a central the Environmental Law Clinic gives water when deciding whether to piece of a legislative campaign to students enviable training opportu- authorize pesticides for nationwide enact basic civil rights protections nities and bolsters the school’s use—which could affect numerous for homeless people. highly regarded environmental law regulatory decisions. Another PAC also works to eradicate bur- program. The clinic will focus worked on a California auto insur- densome juvenile court fees for low- squarely on certain issues and ance program that could cut green- income families. The clinic achieved choose projects that can make a house gas emissions by 8 percent a major victory in March, when its real-world difference, identify lever- by reducing discretionary miles. A research led to a moratorium on the age points that spark meaningful third sought to compel a state assessment and collection of such reform, and have a strong chance to agency to disclose its health fees in Alameda County. succeed. assessment and precautionary rec- “We confront issues that dispro- “I’m generally not drawn to pro- ommendations regarding cell portionately harm low-income peo- ducing another amicus brief on top phones’ electro-magnetic fields. ple and people of color,” says Selbin, of 15 others in a case,” Polsky says. Clinic areas of emphasis include whose clinic also works to increase “With rising temperatures, extraordi- climate change, toxics reduction, police accountability and to help nary pollution levels, and daily realizing the human right to water low-income Californians better extinction of species, we need to and sanitation, creating green jobs, access vital programs within the make a bigger impact.” and facilitating access to nature. Affordable Care Act. “It’s great to see

32 TRANSCRIPT SPRING 2016 FIELD TRAINING: Recent the analytical and performance skills, ethical radar, and Environmental Law Clinic students Nnanke Williams ’16, professional values needed to grow and succeed in a “LOREM Eric Moorman IPSUM ’16, and Tim fast-changing legal world. Outstanding teaching instills Horgan-Kobelski ’16 engage in a persuasive writing exercise in in our students the ability to apply what they’ve learned SIT DOLORESClaremont Canyon. Students to new situations. That’s what we strive to do for them. passed around a eucalyptus HARLEMseed, with each providingGLOBE a more specific, compelling description Your new position seems like a high-pressure gig. What TROTERSof it than the person LOREM before. attracted you to take on this role? I love scheduling meetings, reading emails, and having IPSUM ES difficult conversations. How could I pass it up? Seriously, though, I find the job very rewarding, in part because I DOLORES.” have such wonderful colleagues. For years, I’ve been —NAME TO COMEHERE inspired by my fellow clinical teachers, and now I get to work not only with them, but also on a daily basis with colleagues across our entire experiential faculty. And I have great partners in Kristen Holmquist [associate director of experiential education] and Eric Biber [Experiential Education Task Force co-chair].

What’s the most challenging part of leading this effort? Not having the time or resources to do everything we want to do, at least not right away. There are so many students expanding their toolkits new, exciting opportunities to give students hands-on beyond traditional litigation and learning experiences that contribute to the law school’s transactional skills in order to effect public service mission, but there are only so many new change.” —Andrew Cohen initiatives we can pursue at once. Experiential Education

What are the task force’s main goals? The Clinical Program also Berkeley Law should be a leader in offering rigorous, welcomed six new fellows— well-conceived, creative experiential offerings that fur- including five Berkeley Law ther our mission to produce exceptional lawyers. The grads—whose presence is task force has engaged with students, staff, faculty, alums, helping the clinics serve and employers over the course of the past 12-plus months more students and clients: to develop a vision for the future scope of experiential education at the school. We released the second of three • Stephanie Campos Bui ’14 public reports in March. It includes some preliminary Policy Advocacy Clinic recommendations. The final report, due this fall, will • Kathryn Miller ’07 reflect our school community’s feedback on these rec- Death Penalty Clinic ommendations, and proposals for implementation. • Katrina Natale ’15 International Human Rights What are those preliminary recommendations? Law Clinic First, defining our experiential education categories and • Mindy Phillips ’15 developing a consistent, lucid classification for our offer- East Bay Community Law Center ings, so we convey what they provide, how they differ, and – Immigration Program our expectations for them. Second, guaranteeing all • Jassmin Antolin Poyaoan students an in-house, community, or practicum clinic East Bay Community Law experience in which they work on behalf of an actual cli- Center – Green-Collar ent, and under the supervision of a Berkeley Law instruc- Communities Clinic tor. We also would like to increase opportunities for • Brianna Schofield ’12 training in legal writing, expand experiential opportuni- Samuelson Law, Technology & ties in the first-year curriculum, broaden our institutional Public Policy Clinic investment in our Field Placement and Pro Bono programs, and offer more experiential offerings in fields that

TRANSCRIPT SPRING 2016 33 THE REAL DEAL: Students in lecturer Jessica Notini’s Negotiations class engage in various training exercises that simulate real-world legal practice. The course is one of many in which seasoned area attorneys help Berkeley Law students gain key lawyering skills.

34 TRANSCRIPT SPRING 2016 we’re currently underserving—especially transactional At Berkeley Law, we have the opportunity to partner and business law. with the world-class schools on campus, and we’re As if that weren’t enough, we’re striving to increase exploring ways to do that. We also know we need to experiential opportunities for LL.M.s., expand inter- provide more experiential opportunities in business disciplinary experiential opportunities, and provide and transactional law. There’s great momentum to resources to support more experiential teaching in our pursue initiatives that help students address different doctrinal courses. It’s a tall order, admittedly. unmet needs in the community.

How do Berkeley Law’s experiential ed offerings stack up to those at other top schools? Berkeley Law is a leader in clinical and skills education. It wasn’t always so, but our Clinical Program has Mediation Pilot dramatically expanded over the past two decades. We were thrilled to launch two new in-house clinics last Set to Take Flight fall—the Environmental Law Clinic and the Policy Advocacy Clinic— adding to our three existing in-house When teaching her Estates and After spending more than a clinics. Our community-based clinics Trusts course, professor Kristen decade as a criminal defense law- at the East Bay Community Law Holmquist continually strives to yer, Candler became a mediator Center continue to serve thousands humanize the content. “Yes, the herself, developing expertise in of low-income East Bay residents prevailing laws and legal concepts alternative dispute resolution. She and give more than 100 students are vital for students to grasp,” also joined Berkeley Law’s LL.M. each year the chance to represent she says. “But there are always Legal Research and Writing pro- Experiential Education clients under the supervision of staff human elements involved—love, gram in 2012 and was named attorneys. As the gap continues to death, marriage, divorce, grudges, director in 2014 (though she will grow between the needs of low- family dynamics—that also soon relinquish that role to teach income people and their access to impact the work.” more experiential courses). the legal system, Berkeley Law stu- So when faculty colleague Betsy In the new mediation lab, dents are poised to make a Candler asked about test-driving a Candler will provide insights from difference. mediation lab to augment her own experience and enlist Our skills program is also flourish- Holmquist’s course, she leapt at seasoned area mediators to facili- ing, including robust field placement the chance. The one-credit pilot tate simulations—with students offerings and an unparalleled array launches this fall. playing character roles. She will of projects that give first-year stu- “Mediation is becoming more evaluate the lab’s success after dents more than two dozen oppor- and more popular in legal practice, the fall pilot test, and determine tunities to get their feet wet in legal especially in an area like estates whether it might be a valuable practice. We have a full-time first- and trusts,” Candler says. “The adjunct to several other courses year legal research and writing fac- idea is to give Kristen’s students a she has identified. ulty that I’m completely confident chance to work through some of “To have Betsy help incorporate is the best in the nation. But as we the case studies they’re learning more hands-on learning for the expand our offerings, our peers are about, in a real-world mediation people in my class is tremen- doing so as well. We’re certainly not setting.” dously exciting,” says Holmquist, resting on our laurels. Following the 2008 recession, Berkeley Law’s associate director the demand for mediation has of experiential education and What are the biggest gaps that you grown steadily amid court budget Academic Support Program direc- still need to address? cuts and crowded dockets, the tor. “We have an obligation to fully To thrive in today’s legal domain, exorbitant cost of discovery, and prepare our students for practice, new lawyers need to enter practice clients more closely scrutinizing and this new course definitely with a broader and nimbler skill set legal costs. serves that goal.” —Andrew Cohen

J. MICHAEL TUCKER MICHAEL J. across a wider range of disciplines.

TRANSCRIPT SPRING 2016 35 How influential are external voices in making Berkeley But we also need to learn continuously from our alums— Law’s curricular approach more hands-on? not only through reflecting on their experiences as stu- The new ABA and proposed California State Bar require- dents, but from how they view the profession’s current ments reflect increasing calls for graduate students who state and their ideas about how to better prepare today’s are truly ready to enter the profession. The majority of students for the world they’re about to enter. our students already surpass those thresholds, so for us the requirements are in the background. They’ll The number of Berkeley Law students participating in a impact some of our curricular decisions, but likely won’t clinic has increased 50 percent over the past decade. drive major decisions. As an institution, we’re commit- Can the school sustain that growth? ted to providing opportunities for all of our students to Increased demand for our clinics is a good problem to learn by doing, no matter what areas of law they plan have, but we do need to address it. Our two new in-house to pursue. We do that regardless of whether accrediting clinics—the first here in more than a decade—will sat- agencies require it. isfy some of the demand. We also have a coordinated Clinical Fellowship Program for the first time this year, Is there concern about rushing into new experiential and we’ve welcomed six new clinical fellows into it. offerings without due diligence? They’re young lawyers with a passion for social justice, Sure, especially when we’re talking about experiential and for teaching and mentoring. It’s a win-win for us, offerings involving real clients. High-quality experien- allowing greater capacity in the clinics and providing a tial teaching is not easy. We need to be careful about career path for lawyers—many of whom are Berkeley expanding our programs on the cheap or without suf- Law graduates—interested in clinical teaching. ficient attention to the complexities of real client representation. Because of that, we’ve solicited input from You’ve said that even some doctrinal courses are incor- hundreds of members of the law school community. porating experiential education. How so? Students, faculty, staff, alums, and employers have filled It’s been fun for me to learn about that. Some of it is out surveys and attended focus groups. We’ve reviewed relatively formal—such as a separate lab component of Experiential Education memos from the school’s previous task forces and com- a Criminal Procedure course, where students write and mittees that worked on experiential education, and have argue motions based on law they’re learning concur- spent a lot of time compiling and assessing the data. rently in class. We also had a Legislation course where This is a careful, 18-month process designed to produce students worked in teams to draft medical marijuana a menu of recommendations that our community has initiatives for the Florida ballot, which were then vetted and largely supports. reviewed by a prominent practitioner in the field who also guest-lectured in class. How vital are the Student-Initiated Legal Services Projects Other experiential teaching happens through short in providing students with key client experience right in-class exercises, field trips, or other creative initia- away and in recruiting top-tier students? tives. I have a feeling we’ve only scratched the surface So important. Our students rave about these projects, in terms of what we can do in this area. We’ve heard which allow first-year students to work on behalf of from many colleagues that they’re interested in learn- clients in a wide range of areas, from immigration to ing how to better incorporate experiential modules into housing to foster education to veterans’ assistance. their doctrinal courses. Many of our students applied to law school because they wanted to make a difference in the world. The What’s the ideal balance between doctrinal and experi- opportunity to have those experiences right off the bat ential education? reminds them of their motivations, exposes them to I’m not sure it’s right to think of them as separate things. clients in desperate need of legal representation, and In fact, one reason we’re so excited about experiential lets them begin to develop basic lawyering skills. education is that it does a great job of teaching both lawyering skills and doctrine. We just talked about all of the How has alumni involvement helped fuel the experiential ways that doctrinal teachers are infusing their courses ed program, and how can the program best engage with with experiential learning. These teachers will tell you graduates? that not only do the exercises add a real-world element Berkeley Law alumni already do so much for our expe- to the classroom, they also help students learn the law. riential program, whether it’s supervising a first-year And most experiential courses—clinics, legal writing project, coaching one of our many award-winning com- courses, trial practice, and so on—teach doctrine. They petition teams, or consulting pro bono in clinical cases. just use hands-on methods to do it. n

36 TRANSCRIPT SPRING 2016 SERVING THE UNDERSERVED: Student-Initiated Legal Services Projects like the Tenants’ Rights Workshop offer students immediate interaction with disadvantaged clients.

confer with clients and supervising attorneys to identify possible remedies. Taking Off the Students also represent clients in unemployment insurance hearings, where the clinic has a near-perfect Training Wheels record. “We learn the many paths lawyers can take to address workers’ The first year at most law schools fol- and immerse myself in direct client rights, including community education, lows a predictable template: manda- interactions within the criminal justice policy advocacy, and impact litigation,” tory, lecture-based courses in large system,” says Lilliana Paratore ’17. says co-director Scott Templin ’17. classrooms filled to capacity. Berkeley Working with the Post-Conviction The Karuk-Berkeley Collaborative Law breaks that mold, supplementing Advocacy Project, which trains stu- serves a different marginalized commu- foundational courses with something dents to help long-term prisoners gain nity: Native Americans. The group helps few other schools match—the chance release, she successfully argued for the Karuk Tribe of Northern California to work with clients right away. granting a client’s parole. with natural resource management and The unique vehicle for this opportu- Because indigent prisoners often intellectual property issues, such as nity: the Student-Initiated Legal receive inadequate representation from assessing the rights of mining claim- Services Projects, more than two dozen parole board-appointed lawyers, stu- ants on public lands and addressing pro bono endeavors founded and oper- dents can play a vital role. Madeline trademark and copyright questions ated by students. Each project recruits Bailey ’16 says co-directing the project regarding use of the tribe’s name, sym- supervising lawyers and enlists stu- was “the most inspiring aspect of my bols, and practices. dents to assist underserved communi- law school experience.” “I gained a valuable, more holistic ties with issues such as immigration, Another inspiring initiative, the view of the legal process and a greater foster care, and veterans’ assistance. Workers’ Rights Clinic, advises low- perspective on the legal tools used in Participating students become more income workers facing employment- advocacy,” says Hayley Carpenter ’16. attuned to their communities—and related legal problems. Tackling issues “It’s not always the best approach to more attractive to legal employers. such as wage theft, sexual harassment, sue someone.”

JIM BLOCK JIM “I wanted to get out of the classroom and workers’ compensation, students —Andrew Cohen

TRANSCRIPT SPRING 2016 37 ENTREPRE NEURSHIP: OPEN FOR BUSINESS AT BERKELEY LAW

38 TRANSCRIPT SPRING 2016 PHOTOGRAPHY BY JIM BLOCK ENTREPRE NEURSHIP: OPEN FOR BUSINESS AT BERKELEY LAW

ENTERPRISE IN ACTION: Berkeley Business Law Journal Co-Editor-in-Chief Dennise Martinez ’16, Berkeley Center for Law, Business and the Economy (BCLBE) undergraduate fellow Spencer Simpson, Ingressive CEO and founder Maya Horgan-Famodu, Ingressive chief technology officer Kenan Banks, and BCLBE Executive Director Adam Sterling ’13 discuss strategy. Ingressive, which propels investments in tech startups across Africa, is a new venture that Startup@BerkeleyLaw supports through workshops and office hours. TRANSCRIPT SPRING 2016 39 Innovative students. Seasoned, entrepreneurial faculty. Fledgling businesses on the lookout for legal services. Ladies and gentlemen of the law: Start your engines. By Linda Peterson

It started with a yearning to scratch the entrepreneurial “Now these businesses have grown to the level of itch, a symptom usually associated with Silicon Valley. affording the heftier fees most transactional attorneys High-achieving students, savvy faculty, and alumni with charge,” says Bill Kell, director of the program, “and startup or venture capital credibility helped Berkeley that’s part of the plan.” Law bring the goods to San Francisco and the East Bay. Hoping to facilitate many more such partnerships— Today, school-supported innovation is blooming in and to exploit notable geographic shifts in the new businesses like Indiegogo, the largest global crowd- technology landscape—the school last year created funding site; Magoosh, a growing outlet for online test Startup@BerkeleyLaw, an umbrella for all business prep; and RealtyShares, an innovative online portal for real estate investment (see page 9). The school also helped launch entrepreneurship-for-social-good companies such as Noora Health, which pioneers family “ADAM STERLING involvement in hospital patient care; and Alterna INTRODUCED ME Foundation, which introduces new health-related technologies into developing countries. Students in Berkeley TO InSITE, AND MY Law’s New Business Practicum provided creative legal COMPANY IS NOW help when each of the nascent startups was operating on a shoestring. BENEFITING GREATLY FROM HAVING FIVE STUDENTS WORK HANDS-ON HELP: Young entrepreneurs absorb free legal advice from Gunderson Dettmer associate Jesse Birbach during pro bono attorney WITH US.” hours at Startup@BerkeleyLaw’s FORM+FUND event in February. —NARESH SUNKARA, CEO, NOSOCOM SOLUTIONS BLOCK JIM TK

40 TRANSCRIPT SPRING 2016 WHAT’S UNDER THE STARTUP@BERKELEYLAW UMBRELLA? The initiative consolidates entrepreneurship-related offerings from classes to cross-disciplinary partnerships

NEW BUSINESS PRACTICUM: Berkeley Law’s flagship trans- INSITE VENTURE TREK: Experiential learning for InSITE actional law clinic teams JD and MBA students to represent fellows from all over the country, organized by Kelsea startups. Carlson ’18. HOW IT WORKS: Prior to representing clients, students par- HOW IT WORKS: Participants tour technology companies and ticipate in an intensive, six-week startup law training pro- venture funds in Silicon Valley and San Francisco. Stops gram that includes simulations. Faculty and about three include Google, Andreessen Horowitz, Casper (a mattress dozen mentors provide skilled supervision. startup), and Twitter.

BUSINESS LAW BOOTCAMP: The New Business Practicum’s ALSO SERVING THE STARTUP SCENE intensive training in startup law, available to all Berkeley While not formally part of Startup@BerkeleyLaw, other cam- Law students. pus resources and events help cultivate the entrepreneurial HOW IT WORKS: Following the six-week mini-course, environment. They include collaborating with the school’s students are linked with volunteer practice opportunities Berkeley Center for Law, Business and the Economy to assist area startups at local incubators and at (BCLBE) to develop programming and gaining insights from Startup@BerkeleyLaw events. corporate and general counsel.

BERKELEY IP LAB: An experiential education collaboration BERKELEY BUSINESS LAW JOURNAL: A traditional law between the law school and SkyDeck, UC Berkeley’s startup journal with a twist. accelerator. HOW IT WORKS: The journal integrates a print version show- HOW IT WORKS: Supported by classroom lectures, students casing scholarship in business law, an online blog for con- spend 14 weeks completing freedom-to-operate (FTO) sur- tributors to weigh in on contemporary topics, and a develop- veys. The surveys are essential for assuring biotech entre- ment team that works with BCLBE to create programming at preneurs that they have clear paths to pursue their projects. the school. “You learn so much about business law,” says outgoing Editor-in-Chief Dennise Martinez ’16. “Then you NASDAQ ENTREPRENEURIAL CENTER: A partnership with a meet 1Ls who are interested in the same issues and you new nonprofit in San Francisco that connects fledgling and start building a network.” aspiring entrepreneurs. Startup@BerkeleyLaw provides the center’s law curriculum. GENERAL COUNSEL SPEAKER SERIES: Conversations and HOW IT WORKS: Berkeley Law faculty teach courses from Q&As with various Bay Area general counsel. basic startup law to data breach, privacy, IP strategy, and HOW IT WORKS: General counsel speak and lead interactive more. The courses are free, as are office hours with expert conversations on issues they confront. Participants have attorneys. The center also provides mentoring, access to included Paul Vronsky of Kleiner Perkins Caufield & Byers, networks, and original research on entrepreneurship. and Scott James of Accel. James participated in a campus presentation to a group of visiting Chinese officials on InSITE: A national fellowship and mentoring program that Silicon Valley’s legal infrastructure. convenes graduate students to support early-stage companies with pro bono consulting. Josh Ephraim ’17 co-launched CORPORATE COUNSEL NETWORK: Berkeley Law’s new legal the Berkeley chapter with Haas MBA Gali Ross-Hasson. education and networking group for alumni working HOW IT WORKS: Students apply and are assigned to a con- in-house. sulting team that assists startups seeking venture capital HOW IT WORKS: Leading attorneys from top companies funding. They then help budding entrepreneurs evaluate gather to discuss pressing issues in areas such as cyberse- legal issues involving risks, opportunities, and vulnerabili- curity, corporate governance, and government intervention. ties. “InSITE is an amazing opportunity for law students to Participants have included Alexa King ’94 of the cybersecu- practice interacting with clients,” says Julia Olivier ’17. “I love rity firm FireEye and GoPro’s Sharon Zezima. the energy and passion of emerging companies.” —Linda Peterson

TRANSCRIPT SPRING 2016 41 “WE WANT TO SEND A MESSAGE TO THE WORLD: IF YOU’RE EXCITED ABOUT TECH STARTUPS AND INNOVATION, THE BIOTECH INSIDER INSIGHT: Berkeley Law faculty members like Jim Dempsey teach courses at REVOLUTION, AND SMART San Francisco’s Nasdaq Entrepreneurial Center to ENERGY, THEN BERKELEY help students, entrepreneurs, and investors navigate piv- LAW IS THE PLACE TO BE.” otal issues for new ventures.

—JIM DEMPSEY, BCLT EXECUTIVE DIRECTOR

startup work across the law school. The initiative trains Berkeley Law’s philosophy that innovation thrives when Berkeley Law students to help startups succeed, guides lawyers are involved at an early stage. A joint initiative new business ventures as they navigate tricky legal and of BCLBE and the school’s Berkeley Center for Law & organizational issues, and offers entrepreneurs access to Technology (BCLT), Startup@BerkeleyLaw signals what top experts, courses, and workshops. BCLBE faculty co-director Robert Bartlett calls “a deter- “We train students for practice with the involvement mined effort to confirm our position as the country’s of firms like Cooley, Wilson Sonsini, Gunderson Dettmer, leading law school for aspiring startup lawyers.” and Orrick, so they become informed advisors, not tech- nocrats,’’ says former startup attorney Adam Sterling ’13, now executive director of the Berkeley Center for Law, Building on Connections Business and the Economy (BCLBE). “We provide legal Startup@BerkeleyLaw is a natural outgrowth of the education and services to startups on campus. And we school’s already strong business law program, including connect UC Berkeley with Silicon Valley.” its established—and well-regarded—connections to the

Each startup has a business model, but all share startup community. BLOCK JIM

42 TRANSCRIPT SPRING 2016 Sterling, who co-chaired UC Berkeley’s annual cam- school within a hub of innovation. At the same time, puswide startup competition as a JD/MBA student, Silicon Valley’s energy is rapidly overflowing into our focuses on entrepreneurship. Bartlett, whose prior prac- area,” he says, citing as an example the rehab of a former tice concentrated on advising startups, leads the way in uptown Oakland Sears store into a tech center. securities. BCLBE faculty co-director Steven Davidoff Bartlett notes that “the center of gravity for startups Solomon, who writes “The Deal Professor” column each has moved to San Francisco’s South of Market district, week for The New York Times, practiced for approxi- just a short BART trip from campus, and it’s drifting mately a decade as a mergers and acquisitions attorney closer.” Today, Berkeley’s 10 incubator workspaces in the United States and Europe. overflow with entrepreneurs who stayed local after Since 2007, the New Business Practicum—the nation’s graduating from the university, or were otherwise leading interdisciplinary transactional clinic—has attracted to the city’s creative environment. trained students in assisting Bay Area and Central For example, 500 Startups founding partner Christine Valley startups. The school also offers broad outreach in Tsai, a Berkeley undergrad alumna, co-leads one of the Silicon Valley and Asia; expanded training opportunities world’s top accelerators and seed funds. Their startups in mergers and acquisitions, venture capital (VC), and now number more than 1,300, with big hits like Grab, related issues; collaboration with other campus pro- which uses smartphone technology to e-hail taxis in six grams; and expertise in intellectual property (IP) and Asian countries, and Credit Karma, which provides credit related fields such as public policy, business, science, tools and education via the Web and mobile devices. and technology. Then there’s the attraction of Berkeley’s rich history Although Silicon Valley is more often associated with in social justice and social entrepreneurship, and the entrepreneurship, Sterling says Startup@BerkeleyLaw relative ease of making connections in the East Bay affords powerful advantages—especially as lofty startup world. “The traditional geographies within Peninsula and San Francisco real estate prices drive Silicon Valley are more crowded spaces,” Sterling says. startup business across the bay. “Our immersion in the “VCs get more bang for their buck by collaborating with extended UC Berkeley community makes us the law Berkeley.”

ALUMNI POWER PLAYERS HOLD COURT

Sometimes you can’t get enough of a partner, dropped by to share home words of wisdom about being a young good thing. That’s the attitude success- truths about international challenges, associate.” She’s well positioned to ful alums embrace as they interact with meet with first-generation students, share helpful information. “We invest in Berkeley Law students confronting the and help select scholarship recipients. health care, the Internet, information startup world. Drawn by the enthusiasm Former Apple general counsel Nancy technology—from the newest hearing- and vision of Adam Sterling ’13, execu- Heinen ’82 serves on the BCLBE aid to the Ubers of the world,” Brecher tive director of the Berkeley Center for Advisory Board chaired by Steve says. Law, Business and the Economy Bochner ’81. Heinen, now a partner in Her advice: “Learn your craft, get as (BCLBE), more business law titans are the Silicon Valley Social Venture Fund, much exposure as possible, and be reconnecting with the school that urged students to “think about what responsive to your clients. They can be launched their careers. success looks like to you. Challenge future colleagues.” Case in point: Mitch Zuklie ’96, global chair and CEO your risk tolerance—do you want to Former client NEA returned to Brecher of Orrick, won Berkeley Law’s Young stretch or need more mentoring? Be when it needed a new general counsel. Alumni Award in 2011. One of the open to opportunities and influencers “Working with students is fun,” says nation’s top tech dealmakers, Zuklie outside the norm.” Sterling. “As alums, I think we all feel continues paying it forward—talking Stephanie Brecher ’93, general coun- connected to the next generation. When with students in March about his career sel for New Enterprise Associates we bring business, engineering, and law and the startup world. (NEA), flew in from Maryland to talk students together, we’re connecting the London-based Bill Voge ’83, Latham & with students about her day-to-day disciplines essential to creating new

TK Watkins’ global chair and managing work and career arc, and offered “a few companies.” —Linda Peterson Lawyers as Problem-solvers tions that their drivers are employees, not contractors,” Startup@BerkeleyLaw’s versatile programs prepare stu- he says. “Those suits helped me realize that students dents to guide founders on a course that acknowledges need to better understand agency law principles. And the shifting entrepreneurial and legal landscapes. Today, students absolutely relate. They see how what they learn business lawyers—once characterized as deal-makers or in the classroom connects to what’s in the news.” deal-breakers—must be viewed as problem-solvers, says Sterling, too, observes how and where students learn— professor Justin McCrary. and from whom. In February, he and his colleagues “There are zillions of issues entrepreneurs encoun- launched FORM+FUND, a monthly program featuring ter—from getting payroll going to determining whether legal workshops, pro bono attorney office hours for the to issue multiple share classes as they incorporate,” says extended Berkeley startup community, and insider McCrary, who directs the university’s Social Science advice from experts. Data Laboratory. “Lawyers need to offer solutions in “Law schools do a good job teaching doctrinal law, but order to provide the highest-value service if they’re going what was so helpful to me was gaining practical experi- to avoid having their work commoditized.” ence and the opportunity to work with a client,” says McCrary believes big data and predictive analytics (see Virginia Scholtes ’16, who helped on a medical device page 12) that yield more information more quickly have project through the Berkeley IP Lab. Created last year, changed the way people assess legal concerns and trends. the lab—a seminar/practicum hybrid—assists local early- “Lawsuits against Uber and Lyft were based on allega- stage startups on IP issues.

TRIPLE CROWN: FACULTY FLEX THEIR ANTITRUST MUSCLE

Overachievers abound at Berkeley Law. Maurer collaborated with a former years, they have authored a combined Consider the recent national honors—in Berkeley Law colleague, the late five papers on Corporate Practice the field of antitrust alone—bestowed to Suzanne Scotchmer, to win their own Commentator’s annual list of the Top 10 professors Daniel Rubinfeld, Aaron Edlin, Jerry S. Cohen award. Their work Corporate and Securities Articles. and Stephen Maurer. explored the benefits of sharing net- Like Davidoff Solomon, bankruptcy Rubinfeld won the annual Antitrust works, platforms, and standards with- expert Kenneth Ayotte joined the fac- Writing Award from Concurrences out compromising competition. ulty in 2014. His paper with David Skeel, Journal. A jury of leading international “It’s vital for us to participate in all “Bankruptcy or Bailouts?”—which ana- academics selected his paper, which aspects of business and law,” says pro- lyzes the role of bankruptcy law in scrutinized issues raised by those fessor Steven Davidoff Solomon. “That financial crises—was also chosen as a claiming Google was playing fast and means we must develop programming Top 10 article by Corporate Practice loose with search results to favor its and coursework in antitrust, given its Commentator. own services. importance to business. We have an Iconic professor Richard Buxbaum Edlin won the American Antitrust amazing array of scholars working in and rising star Stavros Gadinis provide Institute Jerry S. Cohen Memorial Fund this area, including Prasad vast expertise in international business Writing Award, which honors outstand- Krishnamurthy.” law. Buxbaum began teaching at ing antitrust writing as measured by Davidoff Solomon focuses on finan- Berkeley in 1961, and Gadinis practiced certain social justice standards: eco- cial and securities regulation, hedge corporate law in Europe for four years nomic justice, more equitable economic funds and private equity, mergers and before joining the faculty in 2010. power, or protecting society from anti- acquisitions, deals, deal theory, and Triple-threat competitors. Serious competitive activity. His paper noted international issues in law and finance. scholarship. Faculty putting antitrust on how the increase in licensed profes- Professor Robert Bartlett drills down on the map. It adds up to a powerhouse of sions often bars competition, resulting finance and business law and private influence at Berkeley Law and beyond. in higher prices. equity transactions. Over the past four —Linda Peterson

44 TRANSCRIPT SPRING 2016 “IT’S GREAT TO HAVE OPPORTUNITIES FOR JD AND MBA STUDENTS TO WORK TOGETHER, AND TO HELP REMOVE OBSTACLES FOR ENTREPRENEURS.”

—JOSH EPHRAIM ’17 PRACTICALLY SPEAKING: Kevin Xu ’15, Bridge Fellow and deputy attorney with the New Business Practicum, consults with the program’s director, Bill Kell.

For Bartlett, the quality of Berkeley Law students and 250 startups and led group-training sessions for alumni fuels many engines. “Given our location, it’s no another 250. surprise that so many gravitate to the startup world,” he Kell juxtaposes the romanticized American dream of says. “That’s where you see the raw material of true lead- starting a business with harsh U.S. Small Business ership.” Look anywhere, urges Bartlett—general counsels Administration data showing that half of all startups of technology companies, chief operating officers of top fold within five years. VC firms, leaders of the big startup law firms—and you’ll “We’d like to think that entrepreneurship is like flying find Berkeley Law alums. “They’re brilliant, hardwork- a kite—all you need is a vision, paper, and string—and if ing, and innovative,” he says. at first it doesn’t fly, just try again.” The reality, he With Startup@BerkeleyLaw, Davidoff Solomon says, explains, is more like driving a car. “Entrepreneurship is “We leverage the power of place and people, equipping difficult, and while society recognizes that new drivers law students to steward successful entrepreneurial out- need support when they’re just starting out, few start- comes—whatever model those startups follow.” ups can afford the legal guidance needed to safely manage the risks.” When entrepreneurs crash, “people get hurt—families lose savings, credit ratings are ruined, Like Flying a Kite or Driving a Car? and communities lose jobs.” The most established piece of the Startup@BerkeleyLaw The Practicum and Startup@BerkeleyLaw demon- ecosystem is the New Business Practicum, which unites strate how much Berkeley Law students can help change entrepreneurs who need affordable early-stage legal those survivability statistics. By their second year, they advice with law students hungry for meaningful have already acquired a foundational understanding of experience. the legal challenges new businesses face. Berkeley Law and Haas Business School students Putting that knowledge to work, while supervised by work together to address the many legal challenges faculty and alums, helps students become the creative, involved in launching a business—including forming confident practitioners entrepreneurs need. “We train legal entities, managing risks, and building key relation- law students to be diagnostic,” Kell says, “vetting busi- ships with workers, investors, and consumers. The ness plans, anticipating legal issues, and showing

JIM BLOCK JIM Practicum has provided individual help to more than patience as entrepreneurs find the model that works.” n

TRANSCRIPT SPRING 2016 45 Creative Notable Contributions From Our Community Works

SINGER: TIFFANY AUSTIN ’12 WHEN THE ANSWER IS MUSIC, MUSIC, MUSIC With her debut jazz album, Nothing enrolled in a degree program at the But Soul, Tiffany Austin ’12 has made California Jazz Conservatory and began good on a promise to her younger self. singing again. She earned her JD, but The Los Angeles native was 13 when decided against taking the bar exam. she first heard Ella Fitzgerald’s “Night “I thought I should just try to create,” in Tunisia.” “In the song, there’s a break Austin recalls. “I felt I lost so much where Ella scats over the top. Listening when I’d stopped singing; I didn’t want to it, I lost my mind,” Austin says. “I to go through that a second time.” thought, ‘Whatever that is, I want to do It’s a decision the critics applaud: it.’ ” With four stars from DownBeat and cov- She started singing early on, gradu- erage on National Public Radio’s “Fresh ated from Cal State-Northridge, and stud- Air,” Nothing But Soul is earning wide- ied abroad in London. From there, Austin spread attention. The album includes decided to travel east to Tokyo. She soon her take on songs by the late composer realized that while jobs there for nonbilin- Hoagy Carmichael and pays homage to gual English speakers were scarce, she some of her musical idols—Fitzgerald, could stay and perform. A visit that was Sarah Vaughan, Nina Simone, and meant to last a year turned into a Aretha Franklin. 5½-year musical journey—and the In addition to performing songs from start of her career as a jazz singer. the album in the Bay Area, Austin has a In 2009, just before her LSAT score residency at the Presidio of San expired, she returned home to accept a Francisco through the San Francisco scholarship to Berkeley Law. Austin set Friends of Chamber Music—writing aside performing to study copyright songs that bring the musical heritage of law. “I thought the law was a great intel- her maternal grandmother’s native lectual pursuit,” she says. “And I Louisiana in conversation with her wanted to advocate for artists.” other jazz influences. But one year in, she also quietly Although she’s trying to strike a balance between the business and the Nothing But Soul artistic sides of her life, “Right now,” By Tiffany Austin she says, “the artistic part is winning.” Available at Amazon.com —KC Trommer AUTHOR: LESLIE S. KLINGER ’70 The [Delicious] Horror of It All Leslie S. Klinger ’70 is a man unafraid of things that go bump in the night. A tax, estate planning, and business lawyer by day, Klinger pursues literary ACTOR: AUSTIN KU ’03 horror and mysteries after hours (and on weekends). As a 2L, he vowed to be well prepared for class, but he’d always drop the textbooks at 11 p.m. for a good novel. “When I received The Annotated GETTING Sherlock Holmes as a gift in 1968, I was hooked by the footnotes—a treasure INTO THE ACT trove of detail and backstories,” Klinger says. “I discovered the cult of Sherlock, and I wanted to join that club. I subscribed to the Baker Street During pilot season in New York— Journal, I started collecting Holmes materials, and I didn’t want to stop.” January through March—multitalented It was just the beginning. One day his wife asked a galvanizing question: actor Austin Ku ’03 might survive three “You’ve got all these books. Why don’t you write something?” So he did— or four auditions per day. Persistence including the 3,000-page The New Annotated Sherlock Holmes, has its rewards: Ku is making his mark for which he won the mystery world’s equivalent of an Oscar, the on the small screen, including recent Edgar Award for the Best Critical/Biographical Work in 2005. roles in “The Affair” (Showtime) and Today he’s an expert on Victorian-era icons Holmes and “Younger” (TV Land); and on the big Dracula, and H.P. Lovecraft’s dark, gothic tales. He’s also a busy screen, where he can be seen in the anthologist/collaborator—working with Laurie R. King, a best- films Sleeping with Other People and selling author of the Mary Russell-Sherlock Holmes mysteries. Creative Control. Together, they have published three anthologies, including their He also has his eye on the upcom- latest, In the Company of Sherlock Holmes, featuring Holmes- ing return to Broadway of “Miss inspired stories. Klinger is also co-editing Anatomy of Innocence, true Saigon,” for which he played the char- stories of wrongly incarcerated—and finally exonerated—individuals, with acter Thuy in several previous Loyola law professor Laura Caldwell. Working alone, he recently edited In the productions. Shadow of Edgar Allan Poe, a collection of classic horror tales. “I’d love to be up for that role,” he Recent Holmes iterations (Manhattan-based Elementary, featuring an edgy says. “There’s just a handful of Asian- current-day Holmes and a female Watson; London-based Sherlock, with American actors with experience in the Watson as a recovering veteran with PTSD; and the Warner Bros.-Robert show who are competing for parts.” Downey, Jr. films for which Klinger In addition to “Miss Saigon,” his was technical advisor) attest to stage credits include touring produc- the enduring popularity of Sir tions of “The Pirates of Penzance” and Arthur Conan Doyle’s creation. “Chinglish,” and off-Broadway roles in Unsurprisingly, the Doyle “Hello, Dolly!”, “Tokio Confidential,” and estate objected to Klinger’s efforts “Iphigenia in Aulis.” to free 50 early Holmes novels from Ku continued to act in the Bay Area copyright protection, based upon while earning his JD, then took a posi- the passage of time. Federal courts tion as a trademark associate in a ruled in his favor, holding that all Berkeley-based entertainment company but 10 post-1923 stories lack intel- before deciding to pursue acting full lectual property protection. time. He later earned a theater degree Once again, the game is afoot. from the Boston Conservatory to com- —Linda Peterson plement his undergraduate training at Rice University in voice and opera. In the Company of “I’m grateful for my time at Berkeley Sherlock Holmes Law,” he says. “It gave me confidence By Leslie S. Klinger and in my ability to do hard work. After Laurie R. King that, I felt like I could handle pretty Published by Pegasus much anything.” —KC Trommer

TRANSCRIPT SPRING 2016 47 Fast Three Student Action Figures Forward

HECTOR EMILIO COREA ’17 FROM BOOT CAMP TO BOALT HALL

The “best decision” of Hector Emilio Corea’s life was hugely unpopular. “My family strongly opposed it,” he says of joining the U.S. Army while a high school junior. “It was scary for them, which I understand. I just wanted to be part of something bigger than myself.” While friends back home in Wichita worked typical teenage jobs and partied during the summer of 2009 before senior year, Corea ’17 braved the blistering heat of basic training in Oklahoma. “Full combat gear was like an oven,” he recalls. “But that experience planted the values I try to live by today: discipline, honor, integrity.” Staff Sergeant Corea started out as an Army mechanic, but eventually coveted something different. In 2013, he became a public affairs specialist, developing news stories and taking photographs. “You become a liaison between the Army and the public, between the Army and the media, and between commanders and their troops,” Corea explains. “I really enjoyed telling sol- diers’ stories.” And when he tells those stories to friends at that he owns the same weapon—and described details Berkeley Law? “Many of them had never met anyone who’s relevant to the case. in the military,” he says. “It’s nice to shatter some precon- Every day, he wakes up around 5:30 a.m. and tackles myr- ceptions about what type of person signs up.” iad responsibilities. This past school year, Corea served as His background also provides fresh insights in class. One treasurer of the La Raza Law Students Association, associate day in Criminal Law, while students discussed a case in editor of the Berkeley La Raza Law Journal, and co-president

which a weapon had been illegally modified, Corea noted of the East Bay Dreamers Clinic, which helps undocumented BLOCK JIM

48 TRANSCRIPT SPRING 2016 youth in local high schools. He is also a member of the The first in his family to join the military, graduate from California Law Review and the First Generation Professionals college, or attend law school, Corea will work this summer in student group. DLA Piper’s litigation department. “My parents crossed the “In the Army, you have to do a lot of things really fast and border in the trunks of cars and managed to build lives for really well,” says Corea, who continues his Army Reserve themselves,” he says. “I’m so grateful for the opportunities training one weekend a month. “While law school requires a this country has given our family. They’re a big reason why I different kind of juggling, everything still comes down to joined the Army and continue to push myself.” Forward discipline and motivation.” —Andrew Cohen

ZACHARY NGUYEN ’17 gic expertise for law and accounting firms, corporations, and government agencies. “It was exhilarating working on deals featured in the Wall Street Finding Echoes Journal and The New York Times,” he says. Collaborating with law firms also helped crystallize his next step: law Of Home in Berkeley school. After considering several top-ranked Zachary Nguyen ’17 grew up in a studio earned a bachelor’s degree in mathe- schools, a visit to Berkeley won him apartment with his mother in the matics and economics. over. “Immediately, I could see myself Southern California immigrant commu- Nguyen spent the following two here,” he recalls. “I’m interested in tech nity of Montclair. She worked long days years in Boston as a consultant with law, and Berkeley is great for that. But hand-soldering computer chips in a Charles River Associates, which pro- really, it was about the people who factory, but still found time to fill their vides economic, financial, and strate- welcomed me into the community.” space with the comforting scent of homemade pho. Nguyen spoke English at school, but only Vietnamese at home, where one topic was ever-present: education. “The value of education was instilled in me, and the varying experiences I had in my community and school helped me appreciate diverse perspectives,” says Nguyen. “I was inspired to build connections, help people feel they belong, and take on leadership opportunities.” A gift for numbers guided Nguyen toward math and economics, and timing reinforced his interests. Enrolling at Wesleyan University in 2008, he “wanted to understand what went wrong with the economy and to leverage my strengths to learn more.” Navigating college, however, was Culture Shock 101. His mother couldn’t provide the advice he needed to choose a class or major, and he strug- gled to relate to affluent peers. Over

JIM BLOCK JIM time, he gained confidence, and

TRANSCRIPT SPRING 2016 49 Fast Forward

His passions for law and economics Nguyen stretched himself razor thin group, and was academic chair for the converged last summer during a legal as a 2L. He was a teaching assistant Asian Pacific American Law Student internship with the U.S. Securities and for the First-Year Skills Program, served Association. Exchange Commission in New York. “At on the Board of Advocates for the “It’s challenging to manage every- Charles River Associates, I worked with Appellate Advocacy team, and was thing,” Nguyen concedes. “But I know groups that were being investigated by elected editor-in-chief of the California I’m making a positive impact on aca- the SEC,” he says. “I knew it would be Law Review. He also co-chaired the demia and people’s lives.” valuable to see the other side.” school’s First Generation Professionals —Ben Peterson

DECAROL DAVIS ’17 various angles—the interests of government, industry, and workers,” she says. “Understanding these perspectives helps me better serve the public.” Davis got an early taste of successful litigation while still ALL IN A a 1L, when she joined Berkeley Law’s trial advocacy program. Her teams have since won two national championship titles, including last year’s prestigious National Civil Trial DAY’S WORK Competition. That passion for advocacy was further fueled last summer, when she worked for the LAS-ELC Community “I’m doing a different kind of math now,” says DeCarol Legal Services program and represented clients at unem- Davis ’17, who earned a B.S. in electrical engineering from ployment insurance hearings and wage settlement the U.S. Coast Guard Academy in 2008. In her current role as conferences. one of four co-directors of the East Bay Workers’ Rights Of her efforts with WRC, Davis notes, “My service to work- Clinic (WRC), number-crunching constitutes a key part of ers is linked to my identity and becomes, in essence, an act the legal counseling she provides to unemployed and low- of self-healing, affirmation, and a form of resistance to income workers. those who believe people are voluntarily working poor.” “We try to listen to every client’s whole story, to see Davis continues to bring her considerable intelligence and things they might not,” says Davis, who offers strategies to strength to challenge the system—and herself. resolve worker’s compensation, wage discrimination, and —KC Trommer wage theft issues. She also confronts broader workplace imbalances such as racial inequality and gender inequity. WRC’s weekly East Bay clinic is one of 16 in the Bay Area run by the Legal Aid Society Employment Law Center (LAS- ELC) that serve about 2,000 clients each year. “The law usually benefits rich or powerful people,” Davis says. “We’re here to look out for those who don’t have a great deal of money or power.” Davis knows how hard it can be to break through systems in which classism and racism usually prevail—and the difference that allies and good listeners can make. As adept in the classroom as she was on the basketball court, Davis was the Coast Guard Academy’s first-ever Truman Scholar, the only African-American woman in her class, and the 2007 Arthur Ashe, Jr. Female Sports Scholar of the Year. A year later, she became the first African-American valedictorian in Academy history. After graduating, Davis served as a Coast Guard officer, first as a marine inspector for Sector New York and later as chief of waterways safety in San Francisco. Those experi-

ences continually inform her legal studies. “I can see the BLOCK JIM

50 TRANSCRIPT SPRING 2016 OVER THESE News and RECENT EVENTFUL Notes from MONTHS, OUR The Alumni COMMUNITY HAS Center SHOWN ITSELF TO BE CONSCIENTIOUS, CARING, AND FEARLESS.

RISING TO THE CHALLENGE

Since Melissa Murray was named interim ented candidates regardless of personal dean in March, Boalties from California to means, give students crucial opportunities to Germany to Japan have stepped up in sup- gain practical experience, and enable new port of this amazing institution. Whether it grads to launch careers in social justice and was participating in an admitted student public service—or any field they choose. gathering, alumni gala, center event, or the But philanthropy is just one factor that will Sports & Law Conference, you have secure our future. Engaging with Berkeley contributed to a new era of affinity for our Law—and with each other—has never been community. easier thanks to our Boalt Hall Alumni This response to our recent transition has Association board, led by Nancy Fineman ’86 been extraordinary, but truth be told, alums and John Kuo ’88, and to some recent tech- helped us achieve great things throughout nology improvements. In the coming year, the past school year. we’ll introduce a new online portal with an Jesse Choper, beloved former dean and alumni directory, careers corner, affinity professor, lent his name to a $500,000 cam- group pages, class notes, and global events, paign to title a classroom in his honor. The to help alums interact with the school, the community provided cash gifts and stock far board, and each other. exceeding our original goal—and donations In response to your feedback, this year’s continue to arrive. reunion weekend—September 16 and 17— Alumni Weekend 2015 welcomed more features faculty/alumni panels (MCLE credit) than 600 people, with reunion giving totaling to highlight our high-impact research and $3.9 million. A significant percentage came influence, luncheon table talks and class din- from small contributions, proving that gifts of ners, Bay Area tours, and a tailgater before all sizes count. the Cal-Texas football game. Our last reunion Big Give, the university’s one-day global for graduation classes ending in 1 and 6 had campaign in November, raised $188,000 for a modest attendance of 151. What better the law school, including $6,000 from our symbol of support than helping to quadruple young alumni matching program fund. that turnout—or better? Berkeley Law placed ninth among all campus Over these recent eventful months, our units, with centers and clinics participating community has shown itself to be conscien- for the first time. tious, caring, and fearless. Thanks for all you Many of you have asked about the school’s do to help this school, and each other. greatest needs. Simply put: to lift alumni participation from 18 to 20 percent and to Sincere regards, increase support for our students. This will Amy Ambrose Advancement help ensure that we continue attracting tal- Assistant Dean of Advancement

TRANSCRIPT SPRING 2016 51 BOALT HALL ALUMNI ASSOCIATION BOARD CONNECTING HIS COMMUNITY OF DIRECTORS: 2015-16

“A Berkeley Law education nity forever.” first truly global law Executive Committee shouldn’t be just for people One major priority for Kuo: schools,” he says. Nancy Fineman ’86 President who can afford it out-of- stimulating a more engaged In addition to the school’s pocket. That’s not what alumni base in the Bay Area location—at a trans-Pacific John Kuo ’88 we’re about,” says incoming and beyond. crossroads and within the President elect Boalt Hall Alumni A cornerstone of that technology hub of the Lynn Pasahow ’72 Advancement Association (BHAA) Board effort is a new portal and world—Kuo cites the Past president President John Kuo ’88. database to facilitate net- school’s LL.M., J.S.D., and Melissa Murray If not for the state support working, collaboration, and Ph.D. programs. They expose Interim dean of public universities that mentoring between alumni students to the international kept tuition down, Kuo and students worldwide. environment and provide Directors notes, he couldn’t have Global outreach is also piv- opportunities for JD stu- Carly O’Halloran Alameda ’06 afforded to attend law otal for Kuo, senior vice pres- dents and lawyers from Karen Boyd ’96 Greg Call ’85 school. An earnest apprecia- ident and general counsel at overseas to work together in David A. Carrillo ’95 tion for that opportunity and Varian Medical Systems, a substantive way before Paul Clark ’80 a commitment to extend it which develops cancer radio- entering the profession. Benson Cohen ’04 to future generations will therapy equipment. To him, Kuo is also excited about Evan Cox ’87 motivate his agenda as one of the biggest changes innovative collaborations Drew Davis ’99 BHAA president. in the legal environment is between the law school’s Nancy Fineman ’86 “Berkeley Law is more how business has become centers and other UC Tyler Gerking ’02 than just a three-year prop- more international. Berkeley departments and Sonia Gonzales ’07 osition,” Kuo says. “You “Berkeley Law is in a posi- regional business leaders. A Yury Kapgan ’01 become part of this commu- tion to become one of the notable example: the Kevin Kennedy ’91 Berkeley Center for Law, Jennifer Kobayashi ’01 John Kuo ’88 COMMUNITY ORGANIZER: Incoming BHAA Board President John Kuo ’88 Business and the Economy advocates new technology and global outreach to better engage Berkeley Mark Lubin ’77 and the Berkeley Center for Law alumni. Michael Martinez ’78 Law & Technology’s partner- Jim McManis ’67 ship with the Nasdaq Kim Natividad ’09 Entrepreneurial Center, a Lynn Pasahow ’72 key part of the school’s new Jay Purcell ’11 Startup@BerkeleyLaw pro- Cara Sandberg ’12 gram (see page 38). Sean SeLegue ’91 These alliances enable Jay Shafran ’63 students from different dis- Art Shartsis ’71 ciplines to work together on Mary Jo Shartsis ’72 projects with real-world Sara Terheggen ’07 Duane Valz ’96 impact. “It’s like a mock in- Lenard Weiss ’62 house environment,” says Sarah Weiss ’10 Kuo. Jeff Wolfstone ’77 He sees the centers as think tanks and “a resource Representatives for society. Graduates edu- Faculty cated in that environment Stephen Bundy ’78 have a huge advantage. But (Emeritus) these things take money. Jesse Choper (Emeritus) We, as alumni, need to help Staff drive these important pro- Rachel Barley grams that keep Berkeley 2015 Reunion Co-chairs Law at the forefront of legal Stuart Gordon ’65 education.” —Rachel DeLetto Luke Ellis ’75

52 TRANSCRIPT SPRING 2016 TO THE FUTURE: Camille Pannu ’11 is one of many young alums whose gifts sig- nal confidence in the law school’s direction. Advancement

communicating via Berkeley der issues and in making the Law alumni and the Women law school more inclusive. of Color Collective Listservs. Young alumni really trust her “Professor Murray was our expertise and judgment.” dream appointment,” In addition to supporting Sandberg says. “We worked Murray, Pannu says fellow together to show we support young alums she spoke with this decision and the law donated because they felt school, and that we have they had been “heard and complete confidence in her valued” in the interim dean leadership.” selection process. More than 150 donations Targeted gifts are a great RECENT ALUMNI have arrived in support of way to show support for the SHOW SUPPORT FOR Murray’s appointment since law school community, it was announced March 22. Ambrose says. Gifts of any SCHOOL’S NEW ERA Most of the gifts are small, size can be designated to but symbolic. specific initiatives, such as March was a tough month to our future prosperity.” Camille Pannu ’11, who co- the Loan Repayment for Berkeley Law, but alumni Cara Sandberg ’12 says founded the Women of Color Assistance Program, were swift to offer an unex- the movement was both Collective, saw frustration research centers and clinics, pected lift. swift and organic. “It started and feelings of betrayal student organizations and In the days and weeks fol- with one alumna making a among recent alums journals, or more generally lowing Melissa Murray’s donation in professor because of the university’s to the Boalt Hall Fund or appointment as interim Murray’s honor and using a handling of sexual harass- financial aid. dean, donations poured in Facebook badge to share it,” ment charges. Pannu and Sandberg from alums, many in honor explains Sandberg, who “Our giving was a vote of agree that sustaining a rela- of the popular professor. serves on the Boalt Hall confidence in professor tionship with recent alums Gifts from recent graduates Alumni Association Board of Murray’s appointment and in is essential for creating a (classes of 2005 to 2015)— Directors. “When I saw that, I her ability to guide the law culture of giving back to the some prompted by fellow thought, ‘Yes, I have to do school in a new direction,” school and to public higher donors’ Facebook posts— this, too.’ ” she says. “She has been a education. stood out. Young graduates began leader on diversity and gen- “Many young alumni have “Our newest alumni are donated labor and time to understandably the least the law school—and down able to make financial con- “OUR GIVING WAS A VOTE OF the road, we’ll be better able tributions,” says Assistant to donate in other forms,” Dean of Advancement Amy CONFIDENCE IN PROFESSOR Pannu says. “I think profes- Ambrose. “This outpouring of MURRAY’S APPOINTMENT AND IN sor Murray’s leadership will support for Melissa and the HER ABILITY TO GUIDE THE LAW open a window to show that school shows our communi- SCHOOL IN A NEW DIRECTION.” these relationships can be ty’s resilience in times of fostered and grown.” challenge, and commitment —CAMILLE PANNU ’11 —Rachel DeLetto

TRANSCRIPT SPRING 2016 53 Advancement E 54 past year, here areafew snapshots: ture the breadth and vitality of allof our events from the tions, and mentored students. While it’s impossible to cap grads participated on conference panels, judged competi Alumni Weekend truly magical, and aninspiring number of than 600 of them return for their reunion made last fall’s and enriching the school inmeaningful ways. To see more More and more alums arereconnecting with Berkeley Law Service Award. and Barbara Jensen Public the annual Judge D. Lowell F: Alumni Weekend. twirl on the dance floor during E: SPECIAL MEMORIES SPECIAL EVENTS, Jules Bonjour ’66 accepts Kathy Monday ’00takes a

TRANSCRIPT SPRING 2016 SPRING TRANSCRIPT Albert Maldonado ’74. Aguilar ’80catch up with Judge D: recent major decisions. reviewing the Supreme Court’s Olson ’65 speaks on apanel C: C Former U.S. Solicitor General Ted Lita Jacoste ’80and Arocles - - fall’s AlumniWeekend. Svilik ’05 areallsmiles during last A: D F A Elaina Loizou ’05 and Patricia TENEEATTOH (B);JIM BLOCK (H);RACHEL DELETTO (I, J, K,L); PEG SKORPINSKI C, D, (A, E, G);DOMINIC WALSHE (F)

national alumnireunion. church, kicks off the annual inter in-the-Fields, alandmark London colorful Crypt Gallery at St Martin- B: B Dinner and dancing inside the - H

H: Valerie Ramos ’15 and many classmates return to Berkeley Law for a G: Mark Abbott ’89 and Mareta Hamre ’90 ceremony swearing them in as new share a laugh during a panel presentation. members of the California State Bar. G Advancement

I J I: Alex Li ’14 (right) of Latham & Watkins talks with students during a career fair hosted by the school’s Berkeley Center for Law & Technology. J: 9th U.S. Circuit Court of Appeals Senior Judge J. Clifford Wallace ’55 before giving the first address of a new lecture series in his name. K: Retiring professor Kristin Luker (middle), founding faculty director of the Center on Reproductive Rights and Justice, at a conference in her honor with Center leaders Jill Adams ’06 (left) and Melissa Murray. L: Ed Goines ’92, general counsel of the NFL’s Seattle Seahawks, asks a question during the school’s annual Sports & Law Conference.

K L

TRANSCRIPT SPRING 2016 55 Advancement 56 IN LEADERSHIP’ VALUE OF ‘PARTNERS THE RECIPROCAL TG: What does aPiL captain do? associates.new are able to give more than person. Obviously, partners that’s reasonable for each tions—giving anamount “meaningful” contribu improve that. We encourage schools, so we want to low compared to other top giving participation rate is TG: back however they can. of participating and giving recent grads, get inthe habit all alumni, including our most alumni. It’s so important that a culture of giving among DZ: to the law school. alumni co-workers to donate profits—to rally all of their non agencies, government departments, legal house our graduates—firms, in- tions with one or more of The goal isto get organiza students. supports Law, and connections to Berkeley among alumni, strengthens that builds camaraderie TG: Leadership (PiL) work? How does Partners in of this annual campaign. describe the broad benefits sel of Amazon.com) Zapolsky ’88 (general coun + Martel) and David (partner at Farella Braun co-chairs Tyler Gerking ’02 Partners inLeadership

TRANSCRIPT SPRING 2016 SPRING TRANSCRIPT Abroader goal isto build Each organization has at That’s right. Our alumni It’s afundraising drive -

- - - in different ways. We rely on their law school communities their lawyers to engage with nies and firms, long-term, for DZ: your co-workers better. good way to get to know interact with much. It’s a that Inormally wouldn’t in different practice groups of PiL, I’lltalk to colleagues sion within our firm. Because also engenders some cohe their alma maters. But PiL causes they believe in, like the community and support attorneys to participate in TG: inthistake campaign? part with BerkeleyLaw alums Why should organizations get on board. and people enthusiastically examples, it’s eye-opening, of. Once you give some ing that alumniaren’t aware much exciting stuff happen on at the school. There’s so to alumniabout what’s going DZ: more than ever. dents need alumnisupport law schools, today’s stu ket and competition among sures due to the legal mar increasing financial pres declining state support and school’s situation: With explaining to people the much effort. Often it’s just experience, it doesn’t take Speaking from personal age colleagues to give. least one captain to encour It also benefits compa My favorite istalking part My firm encourages its ------uals to join our ranks. It’s in high-quality, talented individ those institutions to produce colleagues insupport of Berkeley Law. age alumnifundraising captains at law firms and other organizations to rally STAND-UP GUYS: house legal departments, nizations, particularly in- We’ve added many new orga tance of powering it forward. paign’s value and the impor board recognizes this cam TG: campaign? What’s the future the of PiL so much to them. port the school that meant prised and want to help sup financially, alums are sur explain what’s going on have been; but when you here, because we always assume we’ll always be is apublic institution, people Area. Because Berkeley Law you’re outside of the Bay ing on campus, especially if nected from what’s happen DZ: school? toconnections the law How does PiL strengthen generation of great lawyers. attract and support the next tions like Berkeley Law to preserve and nurture institu the interest of allof us to It’s easy to get discon Our alumniassociation Co-chairs David Zapolsky ’88 and Tyler Gerking ’02 encour ------lation’s diversity. of As mid- expanding our alumnipopu which isgreat because we’re PiL, or to make agift. your organization can join berkeley.edu to learn how Fincke at hfincke@law. ership or contact Holly edu/giving/partners-in-lead June 30. Visit law.berkeley. Leadership campaign ends This year’s Partners in momentum. hopes for continued accomplish, and Ihave high the surface of what we can itself. We’re only scratching program could almost run Berkeley Law graduates, the organization with multiple we can find a leader in every munication potential, and if ing principle has great com relations office. This organiz dean’s office or the alumni than it isfor someone inthe discuss the school’s needs low alum, to reach out and in the same institution, afel DZ: significantly. year. SoPiL isgrowing 300 participants from last April, we were already up It’s easier for acolleague ------

JIM BLOCK CALLED TO SERVICE: Tirien Steinbach ’99 accepted Berkeley Law’s annual Young CITING Alumni Award. EXCEPTIONAL WORK IN MANY FORMS A sports trailblazer, an Three of her acquitted defen- ambassador, and two dants were so grateful they Advancement Berkeley Law faculty mem- named children after her. In bers were feted at the 2002, Washingtonian maga- school’s annual Citation zine called her “the finest Award Dinner last fall. pure trial lawyer in National Basketball Washington—magic with Players Association juries, loved by judges, Executive Director Michele feared by opposing counsel.” governments, which led vices. More than 100 Roberts ’80 and U.S. Raised in a South Bronx Congress to pass the U.S. Berkeley Law students work Ambassador to Italy and San housing project, Roberts Foreign Corrupt Practices each year at the clinic, which Marino John Phillips ’69 credited her mother—who Act in 1977. serves thousands of clients. each won a Citation Award, died two months after He later played a lead role University of California the school’s highest honor. Roberts passed the bar—for in reviving the long dormant President and event emcee Professor Emerita Eleanor her success. “When she’d False Claims Act—the gov- Janet Napolitano hailed the Swift received the Faculty ask why I wanted to be a ernment’s whistleblower honorees for “heeding a call Lifetime Achievement lawyer, I told her, ‘I just want reward program to deter to give something back to Award, and East Bay to help people in trouble,’ ” contractor fraud. It now their communities. This is Community Law Center Roberts recalled. helps recover billions of dol- the call that Berkeley Law (EBCLC) Executive Director Phillips co-founded the lars stolen annually via U.S. helps instill in its alumni.” Tirien Steinbach ’99 the pioneering Center for Law in government contracts. —Andrew Cohen Young Alumni Award. the Public Interest just two “There’s a real sense of pub- Before becoming a top years after graduating. lic responsibility that SPONSORING private-practice litigator, Among his many triumphs: Berkeley ingrained in me INSPIRATION Roberts worked as a public exposing bribes and payoffs and in many of my class- Berkeley Law thanks the SEAN PEDRUCO (2X) SEAN PEDRUCO defender in Washington, D.C. by U.S. companies to foreign mates,” Phillips said. following sponsors for An expert in evidence and helping to make the 2015 civil procedure, Swift retired Citation Award Dinner a in May 2015 after 35 years memorable and inspiring at the law school. She is event: revered for her dedication to Diamond Sponsor teaching, mentorship of Phillips & Cohen junior faculty, and leader- Gold Sponsor ship in developing Berkeley Ambassador John Law’s clinical and social jus- Phillips ’69 tice programs. Bronze Sponsors Steinbach, who joined Arnold & Porter EBCLC in 2001, has been a Crowell & Moring driving force in its ascension Duane R. Valz to Alameda County’s largest Fenwick & West provider of free legal ser- McGrane LLP McManis Faulkner Skadden, Arps, Slate, DOUBLE TEAM: Michele Roberts ’80, this year’s Commencement speaker, Meagher & Flom and John Phillips ’69 received Turner Boyd Citation Awards in October.

TRANSCRIPT SPRING 2016 57 Advancement 58 GLOBAL PRINT: BEAR ALUMNI SPREAD INFLUENCE ACROSS THEWORLD ulty, students, and scholars Mexico. He notes that fac Portillo PLL.M. ’15, from personally,” says Marco in my life, professionally and across the globe. ence and connections work of Berkeley Law influ tries feeds anextensive net they take back to their coun picture. The unique imprint ence paints only of the part research. tials and pursue meaningful their professional creden Berkeley Law to enhance have for years flocked to dents and visiting scholars (LL.M., PLL.M., J.S.D.) stu nearly 600 advanced-degree tries on sixcontinents, from more than 100 coun Cameroon, Ukraine, Brazil— Azerbaijan, Vietnam, Taiwan, Thailand, Turkey, Ukraine, United Kingdom, United States, Venezuela, and Vietnam. Pakistan, Palestine, Peru, Philippines, Poland, Portugal, Romania, Russia, Saudi Arabia, Serbia, Slovakia,Israel, Slovenia, Italy, South Korea, Japan, Kazakhstan, Spain, Sudan, Kuwait, Switzerland, Kyrgyzstan, Lebanon, Liberia, Lithuania, Malaysia, Mexico, Mongolia,Ecuador, Morocco, Egypt, Netherlands, ElSalvador, Ethiopia, Nigeria, Finland, Norway, France, Georgia, Germany, Ghana, Greece, Guatemala,Argentina, Honduras, Armenia, Hong Australia, Kong, India, Austria, Indonesia, Azerbaijan, Iran, Ireland, Belarus, Belgium, Brazil, Cameroon, Canada, Chile, China, Colombia, TOALL BERKELEY: ROADSLEAD Croatia, Czech Republic, Denmark,

“It was ahuge experience But the academic experi

TRANSCRIPT SPRING 2016 SPRING TRANSCRIPT 2015-16 school year Country of origin,

- - - This year, advanced-degree students and visiting scholars came to Berkeley Law from 74 countries and regions: Albania, - - - - - Director Lauren Webb says alums inMexico. worldwide, as well as other referrals from alumnifriends grow hispractice through network has also helped them.” are great lawyers, so Itrust laws work there. Iknow these and they explain how the friends inthose countries, easier because Ican call Japanese company, it’s much I’m working with aSwiss or national companies. “Now, if Portillo often deals with inter of Mexico City’s top firms, energy law associate at one global marketplace. resources inanincreasingly friends, but important become not only lifelong he met at Berkeley have Visiting Scholars Program Portillo says the Berkeley anenvironmentalAs and - “ —MARCO PORTILLO PLL.M. ’15—MARCO PORTILLO PLL.M. WORK THERE.” HOW THELAWS EXPLAIN FRIENDS IN ANDTHEY THOSE COUNTRIES, OR JAPANESE COMPANY CALL ... ICAN NOW, IF I’MWORKING WITHASWISS bring those perspectives from allover the world, and tice areas and legal scholars titioners from different prac build relationships with prac “They says. Webb Berkeley,” freedom they experience in the diversity and academic countries where there isn’t another selling point. law. Campus culture is tual property, and business environmental law, intellec key global areas such as expert faculty, especially in drawn to Berkeley Law’s international scholars are “They often come from - - - —Rachel DeLetto are inthe world. community wherever they expansive Berkeley Law access the valuable and to connect regionally and portal that willenable alums the launch of anew online 26), Ambrose isexcited for reunion inBerlin (June 24 to Association of Boalt Alumni upcoming International Ambrose. Inaddition to the Dean of Advancement Amy key priority for Assistant global alumninetwork isa back to their countries.” Connecting this vast

Welcome Back: Alumni Weekend 2016

Our graduates should be tion to this year’s program. Advancement receiving invitations to During the spring term, Berkeley Law’s Alumni Berkeley Law students, fac- Weekend 2016 right about ulty, and staff organized a now. If you haven’t yet, series of town hall-style please save the date for open forums to discuss the ADVANCE YOUR September 16 to 18 and difficult events that affected visit law.berkeley.edu/ the law school in recent Reunion2016 for schedule months. This cooperative CAREER AT and registration effort, designed to ensure information. we are offering a safe and BERKELEY LAW We’ve retooled things a bit respectful workplace and this year to make sure learning environment, is a alums have the flexibility to strong reflection of who we SUMMER PROFESSIONAL COURSES reconnect with their class- are as an institution and as mates and the vibrant world a community. of UC Berkeley—and to take On Friday morning, YOU WILL: in an exciting football clash Interim Dean Melissa • Learn a new practice area on Saturday the 17th Murray will host a Berkeley • Build on existing skills between the California Law Town Hall, where • Network with lawyers from Golden Bears and the Texas alumni can discuss how to multinational companies & firms Longhorns at Memorial move the school forward • Learn from internationally renowned Stadium. with transparency, integ- Berkeley Law faculty On Friday, guests can rity, and pride. It’s impera- Courses run 1-3 weeks. catch up on their MCLE cred- tive to have you join this its and some of the law important conversation and school’s impressive work be a part of the exciting with panels—Supreme things to come as we look SPECIALTY AREAS INCLUDE: Court Update, Innovation at ahead. • Business Law Berkeley Law, and Juvenile The Town Hall will be live- • Energy & Environmental Law Justice—featuring our streamed (visit our reunion • Law & Technology expert faculty and alumni, webpage for details) for • Public Law as well as students. The eve- those unable to make it to Bundle courses together to earn a ning agenda includes break- the Bay Area. If you would certificate of specialization. out reunion-year class din- like to submit questions, ners and an all-alumni please send them via Twitter reception. (@BerkeleyLawNews and MORE INFO/REGISTER: While each of the Alumni #ReunionTownHall), or email law.berkeley.edu/academics/certificate-programs Weekend events presents [email protected] lively opportunities to (subject: Reunion Town Hall) strengthen bonds with fel- by September 12. low grads and the school We can’t wait to welcome itself, we encourage you to you back for Alumni participate in a special addi- Weekend! —Rachel DeLetto

TRANSCRIPT SPRING 2016 59 INSIGHT: JEFF BLEICH ’89 Time for a Disruption in Law

Jeff Bleich ’89 is a former Returning to the practice of law after five years away, I’m less concerned by the changes U.S. Ambassador to Australia, I see than by those I don’t see. Rather than reducing the number of people who cannot special counsel to President access legal services, the situation has reached crisis level. We’re simply failing to Obama, and president of the resolve enough disputes quickly, fairly, and affordably. Looking ahead, we’re also not California State Bar. He works adapting our rules and training for a globalized high-tech world. at the global law firm Industries get disrupted whenever they underperform and new technologies exist to Dentons as a partner in its serve more people better. That’s our situation. Just as HMOs transformed health care, San Francisco office. accounting firms consolidated into global consulting groups, and car-service apps like Lyft and Uber upended the taxi business, our profession is ripe for disruption. We can learn much from these examples about changes we need to make. Step One—Acceptance: We train and license lawyers today the same way we did 100 years ago. We require them to master every legal subject before issuing their license, and we test them almost exclusively on reading comprehension, critical reasoning, and memorization. This approach made sense when many communities had few lawyers, legal materials were hard to access, and machines could not scan, memorize, and think. It makes far less sense today. Limited Licenses: Most lawyers don’t operate as generalists, and most clients don’t HAVING ONLY need generalists. In medicine, dentists, optometrists, and nurses all dispense limited forms of care without needing an MD. Having only one kind of degree for all legal ser- ONE KIND OF vices providers creates a massive gap in access to those services—one we’ve tolerated DEGREE FOR ALL far too long. There’s no reason people with housing claims, immigration issues, or credit challenges should go unrepresented. Allowing limited licenses could vastly expand LEGAL SERVICES access for unrepresented people who simply need a work visa or a payment plan. PROVIDERS CREATES Training Adjustment: While they’re important, reading comprehension and memoriza- A MASSIVE GAP IN tion are becoming less significant than skills that aren’t taught or measured. As artificial intelligence gradually performs more sophisticated research and analysis, other skills ACCESS TO THOSE should be emphasized in training and licensing lawyers. The marketing world discovered SERVICES. this long ago: Big data is used to drive sales, while salespeople are trained in empathy, problem-solving, and relationships. More and more, law schools need to retool towards ethics, cultural competency, judgment, and relationship-building. Collaborating with Other Professions: The subjects our clients face are broadening— geographically and otherwise—and require multidisciplinary solutions. While doctors partner with physical therapists, and accounting firms partner with consultants, bar associations still ban attorneys from partnering with non-lawyer professionals—which prevents us from solving our clients’ problems. True legal service requires that we let lawyers collaborate more with other professions to tackle their full range of challenges. As a former bar president, faculty member, and proud lawyer, I believe that embracing this reality will enrich our future. As a Berkeley grad, I hope our school leads the way.

60 TRANSCRIPT SPRING 2016 Class

All in the Alumni Family Notes

Business School and Center glaring absence of black Your 1954 for the Environment; a visit- lawyers” in a massive class Robert Stone recently ing fellow at Kellogg College; action suit brought on Classmates became of counsel with the and a policy fellow resident behalf of black miners and Want to Hear personal injury trial firm at the Rockefeller their families. Leroy also AgnewBrusavich in Torrance, Foundation. accepted an offer to serve From You! California, where he still as an external consultant actively represents clients for the law firm Lembede and their families in per- Tambo Pitje in Tshwane CONTACT US sonal injury and wrongful (Pretoria). death cases. Now in his BY EMAIL 62nd year of trial work, [email protected] Robert continues to enjoy 1973 the practice of law and Russ Atkinson had his sixth BY MAIL derives much satisfaction Cliff Knowles mystery novel, University of California, from helping his clients. Behead Me, published in Berkeley February. His second book Alumni Center in the series, Cached Out, Boalt Hall 1965 was recently recorded as an Berkeley, CA 94720-7200 Robert McNulty celebrated audiobook by a professional the 40-year anniversary of voice actor. Russ says, “All founding Partners for my books are based in part Livable Communities, which on actual cases I worked or has grown into a national 1968 became familiar with in my coalition for upward mobility Leroy Wilson, Jr. was the FBI career.” for low-income families, at a gala dinner speaker at the gathering in Washington, Black Lawyers Association D.C. In recent years, Robert of South Africa’s Annual 1976 has been a global fellow in General Meeting in October. David Carlyon published two Resiliency and He discussed “breaking out items since last year, a Sustainability at the of the cocoon of fear” to scholarly article and a trade Woodrow Wilson Center for meet the challenge of trying book. The article explores a Scholars; a visiting cases, the failure of South possible but previously researcher at the Smith Africa’s government to retain unnoticed influence on the School, a joint venture of more black lawyers, and “a Gettysburg Address, “From Oxford University’s Said topical issue involving the the Broadway Tabernacle to

TRANSCRIPT SPRING 2016 61 Class Notes

WILLIAM BAGLEY ’52 the Gettysburg Battlefield: Did Edwin Forrest Influence Abraham Lincoln?”, Theatre A STRONG ADVOCATE Survey 56:1 (Jan. 2015), 71-94. The book, The Education of a Circus Clown: FOR CIVIL RIGHTS…AND Mentors, Audiences, Mistakes (Palgrave HIS ALMA MATER Macmillan, 2016), is a combined memoir and explora- Follow the history of California—and Berkeley Law—and you’ll meet Bill Bagley at many tion of learning the craft of milestones. Undergrad UC Berkeley valedictorian at age 20 and Phi Beta Kappa, he later comedy with a live made Law Review and was in the first class to graduate from the then-new Boalt Hall. audience. As state assemblymember, he was one of only three Republicans to support the land- mark Rumford Fair Housing Act of 1963 and then helped kill its repeal, urged by then- Governor Ronald Reagan. Bagley joined Assembly Speaker Willie Brown at Martin Luther King, Jr.’s 1968 funeral. As a UC Regent, he led the repeal of a 1996 Regents’ resolution eliminating affirmative action in admissions and hiring. Bagley earned many friends during his public life, and during a 62-year legal career that addressed issues central to the state’s well-being: transportation, utilities, land-use, and water. While serving on the California Public Utilities Commission in the early 1980s, he befriended Sam Wheeler, scion of a Southern California water utility. In 2011, Wheeler asked Bagley—then at Nossaman LLP—to facilitate the sale of his company. “When we completed that deal, I asked Sam if he’d consider donating to Berkeley Law,” Bagley says. “We met with Dean Edley, but received no promises.” Two years passed before Bagley got the good news. “Lo and behold, Sam gave $1 million to the school,” he says. The donation helped create the Wheeler Water Institute (see page 16). Long an advocate of collegiality in government, Bagley watches this year’s electioneer- ing with trepidation. He wrote the book on the subject—literally. His 2011 California’s Golden Years: When Government Worked and Why, published by UC Berkeley, makes a strong 1978 case for reaching across the aisle. Stuart Brotman has been “Bill always counseled that whenever a col- appointed, with tenure, as league, friend or foe, helps you out, don’t miss the inaugural Howard the opportunity to say ‘thank you,’ ” recalls Distinguished Endowed Michael Whitehead, who worked with Bagley at Professor of Media the California Water Association. Management and Law and At home with his wife of 50 years, Diane, in Beaman Professor of Marin County (where part of Highway 101 is Communication and named in his honor), Bagley continues his battle Information at the for civil rights, urging associates to combat the University of Tennessee- latest rounds of anti-Muslim rhetoric. Knoxville. The 40th edition He says he’d like to be remembered for earn- of his treatise, ing respect and friendship by leading a princi- Communications Law and pled life. Sounds like he’s made an impact, if his Practice, has been published former Nossaman partners are to be believed. by American Lawyer Media. “Bill was our chief sage and raconteur,” says It is the leading reference Rob Thornton. Joe Guzman ’78 says Bagley “truly volume on domestic and believes in opportunity for everyone. He’s spent international telecommuni- his life employing his considerable intellect and cations and electronic mass skills to achieve that goal.” —Bob Rucker media regulation. 1982 FRANK SCHRECK ’68 Diane Citrino was one of three Northeast Ohio attor- LONG SHOT neys recognized for their pro bono work in a Best Lawyers magazine cover PROVES A article titled, “Giving Credit Where It’s Due.” In it, Diane NATURAL describes how pro bono work has enhanced her life and practice. She also In 1971, the Vegas press had a field day with shared her perspective on Governor Mike O’Callaghan’s gamble. A one- how pro bono work enables time high school history teacher, he’d lawyers to expand their appointed his former student and protégé, skills while delivering an Frank Schreck—age 27—to the Nevada invaluable service to Gaming Commission. A typical headline: deserving people in the “Neophyte to Regulate Casinos.” community. The press consistently underestimated O’Callaghan’s skill and luck. He’d already staged a come-from-behind win for office and 1983 launched the career of his other favorite stu- Paul Lewis Abrams was dent, Harry Reid. nominated by President And depending on how you cut it, it was Schreck who had the most to lose or gain from Obama to serve on the U.S. the appointment. Barely out of Boalt, he’d returned to his hometown high on confidence, District Court, Central low on experience. His first public comment? “I think I’m well suited for the job.” A much District of California. Paul older commissioner quickly deflected one reporter’s counterpunch: “Together, we’ve got has been a magistrate judge almost 50 years’ experience,” he said. with the court since 2002, Today, the papers tell a different story. Schreck went on to serve two impressive and serves as a judicial offi- terms—with on-the-job training that included a stare-down with the notorious Lefty cer in the court’s Conviction Rosenthal, aka Robert DeNiro’s character in Casino. He resigned from the commission in and Sentence Alternatives 1975 to bring a fellow commissioner into his private practice. Their firm grew exponentially Program. Previously, he alongside the city and its gaming industry, as casinos—once the exclusive property of spent 14 years as a deputy mobsters and millionaires—became investment opportunities. federal public defender in Credit Schreck with that. “I’m about to see my proudest achievement come full circle,” Los Angeles, acting in a he says. He’s referring to a new gaming regulation he drafted, one that simplifies private- supervisory role from 1992 equity investor ownership for the industry. It builds on one of Schreck’s previous innova- to 2001. tions: issuing different share classes to casino shareholders—a move that allowed private equity firms such as Blackstone and Apollo Management, and large financial institutions like Deutsche Bank and Goldman Sachs, to own subsidiaries with gaming licenses. 1985 One touch of irony is not lost on Schreck when he passes the mini-skyline of the New Laura Clayton McDonnell York-New York hotel and casino: There’s no mini-Stock Exchange, despite the $50 billion of has joined Microsoft as investments for which his ideas paved the way. general manager of the A self-proclaimed “gentleman C scholar” at Berkeley Law, Schreck devoted much of his company’s New York Metro third year to fighting “suspicion arrests” in West Oakland. He also evolved from his father’s District. She will help lead “Archie Bunker” archetype to an ardent anti-war demonstrator. efforts to deliver solutions Schreck has no plans to retire, but would like to devote more time to Las Vegas’ innova- and programs that support tive Nathan Adelson Hospice, where he’s a trustee. The facility has a stress-management education, job creation, program named in his late wife’s honor. digital government, and Does he gamble? “Seldom,” he says. “People who bet against me win 70 percent of the civic competiveness. Laura time.” Unless they’re reporters, that is. —Bob Rucker

TRANSCRIPT SPRING 2016 63 Class Notes

brings a wealth of knowl- ner. He brings 25 years of Allan will help the organiza- and technology-based client edge in sales manage- experience to the firm, tion expand its efforts in companies. ment, as well as legal which defends clients Southern California. Selected experience, most recently against toxic tort, environ- by The Daily Journal as one Robert O’Brien launched in executive roles at mental law, business litiga- of the state’s Top 50 Larson and O’Brien, a litiga- Aspect Software, IBM, Sun, tion, product liability, con- Development Lawyers, he is tion boutique firm, with 10 and Apple. struction law, and consistently ranked as one other lawyers. He and employment law claims. of the world’s leading project Stephen Larson are the Timothy defends corporate, finance lawyers by name partners. The firm will municipal, and individual cli- Chambers Global, IFLR, and focus on complex litigation, ents in complex employ- Legal500. Allan is also a lec- internal investigations and ment issues and also han- turer at Berkeley Law and white-collar matters, arbitra- dles environmental litigation serves on the advisory tion, and state and federal and construction law board of the school’s East appellate work. A former U.S. matters. Bay Community Law Center. Representative to the U.N. General Assembly, Robert is the former California manag- 1990 ing partner of a national Renata Hesse was tapped firm and grew its office from by U.S. Attorney General 10 lawyers to more than Loretta Lynch to head the 100 in seven years. He has Department of Justice’s represented clients in Antitrust Division. She had numerous high-profile litiga- Peter Reich, professor of served as the division’s tion matters, and The Daily law at Whittier Law School, Deputy Assistant Attorney Journal named him one of coached Whittier’s student General for Criminal and California’s Top 100 lawyers. team to a second-place fin- Civil Operations for almost ish in the State Bar of four years. A trial attorney in California Environmental the division between 1997 1992 Negotiations Competition for and 2006, Renata spent the Rachel Lerman was elected 2016. A member of the last four of those years vice president of the Louis Whittier faculty since 1988, leading its Networks and D. Brandeis Center for Peter directs the school’s Technology Section. She has 1991 Human Rights Under Law, a Environmental Law also served as a senior Eric Loumeau was national civil rights organi- Concentration, as well as its counsel to the chairman of appointed general counsel zation based in Washington, Mexico City Program at the the Federal Communications and chief compliance officer D.C., that is known for its Universidad Iberoamericana. Commission, and oversaw at Otonomy, Inc., a clinical- work fighting anti-Semitism the agency’s review of stage biopharmaceutical in higher education. She has Marc Zeppetello began AT&T’s proposed acquisition company. Otonomy focuses served on the organization’s serving as chief counsel of of T-Mobile. on the development and board of directors and legal the San Francisco Bay commercialization of inno- advisory board since 2012. Conservation and Allan Marks was named to vative therapeutics for dis- A partner in Barnes & Development Commission in the board of directors of the eases and disorders of the Thornburg’s Los Angeles September 2015. Family Violence Appellate inner and middle ear. Eric office, Rachel co-chairs its Project, California’s only has more than 23 years’ appellate practice group. nonprofit dedicated to experience as in-house legal Listed in The Best Lawyers 1987 appealing cases on behalf of counsel and compliance in America and named to Timothy Moppin, president domestic violence survivors officer for several biophar- Los Angeles Magazine’s of the Bar Association of San and their children. A partner maceutical companies, and “Super Lawyers” list every Francisco, has joined Bassi at Milbank, Tweed, Hadley & as outside corporate coun- year from 2003 through Edlin Huie & Blum as a part- McCloy’s Los Angeles office, sel supporting health care 2015, she also received the

64 TRANSCRIPT SPRING 2016 LINDA LICHTER ’76 TRAILBLAZING DEALMAKER CHARTS INDEPENDENT PATH In 40 years on the talent side of entertainment law, dealmaker extraordinaire Linda Lichter has watched her field flourish. “I’ve been attending the Sundance Film Festival since the start,” she says. “For the first 10 years, hardly any lawyers or agents attended, and now it’s a massive business.” Lichter has more than kept pace. Her star-studded client roster has included distinguished actors, directors, producers, and film collectives. Just a few examples: Little Miss Sunshine producers Albert Berger and Ron Yerxa and star Abigail Breslin, Pirates of the Caribbean screenwriters Ted Elliott and Terry Rossio, and DreamWorks Animation co-presidents Mireille Soria and Bonnie Arnold. For nearly 15 years, Lichter represented Gail Mutrux and Anne Harrison, producers of the 2015 smash The Danish Girl. She recently saw the film ascend from its creative inception right up to its international critical acclaim— including four Academy Award nominations and an Oscar for best supporting actress (Alicia Vikander). Helping bring to the screen a portrayal of transgender people’s lives marks just one sign of the cultural evolution since Lichter’s early experiences as a Berkeley undergrad greater focus as the entertainment industry itself became exposed her to radical-left politics and Marxist-feminist more inclusive and international. “Back then,” says Lichter, film theory. “there were no female entertainment lawyers to speak of Horizon-expanding as her time in Berkeley was, her and very few female executives or agents.” commitment to the idea of joining the entertainment In her first job, she was only the second female lawyer— industry wavered—until, ironically, she was 3,000 miles and the first entertainment lawyer—in the largest enter- from Hollywood. Working as an intern in Washington, D.C., tainment firm of nearly 100 attorneys. Along with a handful for U.S. Senator Gaylord Nelson of her home state, of others, she organized the first professional network for Wisconsin, Lichter “got more excited from (longtime CBS women in entertainment law. news anchor) Walter Cronkite coming down the hall than Lichter continues to see cultural and societal shifts— from being on the Senate floor. I knew I needed to be in the coupled with major changes in media—reshape the enter- media business.” tainment landscape. This fall, she’ll bring her expertise to After earning her JD, Lichter left Berkeley for Los benefit current Berkeley Law students when she teaches Angeles. From the outset, she represented independent the course Negotiating Hollywood Contracts.

ALEXANDRA WYMAN/INVISION/AP (KLINGER) WYMAN/INVISION/AP ALEXANDRA filmmakers, directors, and writers—but artists became a —KC Trommer

TRANSCRIPT SPRING 2016 65 Class Notes

JOHN KNOX ’87 BONDING OVER HOME IMPROVEMENTS

As a proud Richmond native and resident, John Knox is dated and abandoned homes—and make them available determined to improve quality of life in his oft-maligned to first-time homebuyers. A partner in Orrick’s San East Bay hometown. As Richmond’s bond counsel, his Francisco office, he spent nearly two years aligning public outside-the-box thinking is helping to make that happen. and private partners to bring the plan to life. Knox engineered an innovative $3 million social-impact Three years ago, Richmond tried using eminent domain bond to restore some of Richmond’s nearly 1,000 dilapi- to acquire underwater mortgages. “Some law professor back east cooked up the idea, and Richmond unfortunately took the bait,” Knox laments. “It was a dismal failure that caused our city real difficulty in debt markets and didn’t address these blighted properties.” After reading about how a social-impact bond helped cut recidivism among prisoners on Riker’s Island in New York, Knox wondered, “Why can’t we create a fund to acquire and rehab houses to put them back into productive use?” Investor return is based on the program’s success in doing just that. Knox and the nonprofit Richmond Community Foundation assembled local contractors, real estate agents, Home Depot, and others to make units ready for purchase. The bond was funded in December by Mechanic’s Bank, a longtime Richmond institution, and transactions have closed on the first few houses. The biggest challenge to acquisition? Tracking down owners. “Some died, some took off, some are hard to reach,” Knox says. “As a result, there are probate, tax delinquency, and other issues we’re working hard to straighten out.” The bond’s five-year term lets investment funds “recy- cle” for the first four years as rehabilitated homes are sold and used to purchase additional properties. During the fifth year, those proceeds will be used to pay off the bond. “We want to get rid of blight and put more lower-income folks into homes,” Knox says of the mostly modest two- bedroom, one-bathroom units. Prospective buyers go through a two-year process of learning about budgeting, saving money for a down payment, and improving their credit. “We’re offering these houses on a no-negotiation basis to first-time owners—a chance to buy without competition at a fair price,” he explains. “We don’t want to sell too low, which undercuts the market in these neighborhoods and hurts people there who are trying to sell or refinance.” Knox believes the collaborative effort will produce a meaningful upgrade to the city he loves. “I certainly hope so,” he says. “Richmond is my home.” —Andrew Cohen

66 TRANSCRIPT SPRING 2016 ACLU’s First Amendment deals, debt and equity sel. CAA is the world’s lead- user interface design, Award in 2012. financings, and asset sales. ing entertainment and secure messaging, medical He has coordinated deals in sports agency representing devices, and turbocharger Great Britain, the Czech some of the most iconic tal- manufacturing. 1995 Republic, Slovakia, Ukraine, ent, with offices in Los Tracy Lee Dayton was Hungary, Macedonia, Angeles, New York, Chicago, John Therien has been appointed Executive Croatia, and the United Arab Nashville, London, Beijing, named a North Carolina Assistant U.S. Attorney in Emirates. Previously, Mark Stockholm, and Mumbai. “Rising Star” for the seventh the District of Connecticut. spent five years in Geneva Niloofar’s in-house practice straight year by Super She joined the U.S. overseeing a mass-claims encompasses general litiga- Lawyers, a rating service of Attorney’s Office in 2007, compensation program for tion, employment advice outstanding lawyers in North and has served as chief of World War II-era property and counsel, and transac- Carolina who have attained a the Violent Crimes and losses. tional matters. high degree of peer recogni- Narcotics Unit and as senior tion and professional litigation counsel. Since John Pearce has been achievement. The Rising Star 2012, Tracy has been a appointed to serve as a jus- category honors lawyers 40 member of the Attorney tice on the Utah Supreme years old or younger, or who General’s Review Committee Court by Governor Gary have been practicing for 10 on Capital Crimes. She previ- Herbert. A Utah Court of years or less. A partner at ously served as an assis- Appeals judge since 2013, Smith Anderson, John tant U.S. attorney in the John also chairs the state advises a broad range of cli- Eastern District of New York, judiciary’s Standing ents in commercial transac- and as a deputy district Committee on Technology tions involving intellectual attorney in Los Angeles and is an adjunct professor property matters. County. at the University of Utah’s S.J. Quinney College of Law. He was general counsel for Utah’s Office of the Governor from 2009 to 2013. 2001 1998 Katherine Prescott joined Steve Goorvitch was the San Mateo-based law appointed to the Superior firm Miclean Gleason as of Court of California, County of counsel. She previously Los Angeles, by Governor worked at WilmerHale, and Jerry Brown on November as senior patent counsel for 17, 2015. He had worked as Apple Inc. At Apple, a federal prosecutor with Katherine set litigation, trial, the U.S. Department of and settlement strategy for Justice for eight years and patent and consumer class- 2002 at O’Melveny & Myers for action litigation, U.S. Sonal Mehta was elected 1996 four years. International Trade unanimously to the board of Mark Gardberg joined the Commission investigations, the U.S. District Court, Las Vegas office of Howard and post-grant U.S. Patent Northern District of & Howard Attorneys in 1999 and Trademark Office pro- California’s Federal Practice September. His practice Niloofar (Nejat-Bina) ceedings. She litigates pat- Program. The program is the focuses on corporate and Shepherd has joined ent and trade-secret cases continuing legal education transactional business mat- Creative Artists Agency involving a wide range of wing of the court, and seeks ters, mainly in mergers and (CAA) as an executive in the technologies, including com- to promote dialogue between acquisitions, real estate office of the general coun- puter and network security, the bench and the bar. Sonal

TRANSCRIPT SPRING 2016 67 Class Notes

SARA TERHEGGEN ’07 BRIDGING SILICON VALLEY’S GENDER DIVIDE

When Sara Terheggen ’07 scans Silicon Valley, she sees inspiring advancements, extraordinary innovation—and too few women. According to recent studies, women hold only 18 percent of Silicon Valley tech positions. And 69 percent of the time, men receive higher salary offers than women for the same positions. Terheggen, a corporate law partner at Morrison & Foerster, wants to level the playing field. “While tech companies have begun to respond by hiring more women, they still fail miserably at support and promo- tion,” she says. “Addressing these inequities extends beyond just providing ‘family-friendly’ policies.” As a California delegate to the Vision 2020 Campaign for Equality, a national effort to advance women’s economic and social status, Terheggen developed a think-tank series that focuses on increasing the number of women in leadership positions. She also serves on the 100 Women in Hedge Funds’ Global Association Board Advisory Council, chairing events that feature senior executives from top corporations and philanthropic organizations. “I want to improve resources and networks for women, because they have fewer opportunities,” she says. “There’s also such a dearth of women at the most senior levels.” Terheggen has advised on transactions with an aggregate value approaching $100 billion while assisting clients in tech, finance, private equity, life sciences, and retail. The biggest misconception about corporate law? “The idea that seniority breeds success,” she says. “We need to jettison this mentality. Compare it with today’s young tech company CEOs—they didn’t reach the C-suite based on how long they’d been working; it was about raw talent, intelligence, and a drive to achieve.” Her achievements—both professionally and in the community—have been recognized by the University of Oregon, The Recorder, Super Lawyers, Silicon Valley Business even in the face of obstacles,” she says. “Our board has Journal, and Public Counsel. an ongoing responsibility to ensure that doesn’t get lost.” Terheggen’s extensive community work includes serving As for ensuring that her gender will gain a stronger on the Boalt Hall Alumni Association Board of Directors. In foothold in Silicon Valley, Terheggen remains resolute— that role, she strives to help build alumni support amid and cautiously optimistic. shrinking state budgets, sustain Berkeley Law’s diversity, “There’s much work to be done, but I’m hopeful about and uphold its programmatic excellence. the prospects for change,” she says. “Some organizations “The school has always been a place where people from are showing signs that they get it—that lip service just different backgrounds can come together to get things done, isn’t going to cut it anymore.” —Andrew Cohen

68 TRANSCRIPT SPRING 2016 and board treasurer Angel to join Covington & Burling. Garganta ’92 are former stu- Working in the firm’s global In Memoriam dents of Berkeley Law lec- public policy and white col- turer Henry Hecht, an at- lar defense & investigations Robert Corson ’40 John Morris ’69 large member of the board. practices, Margaret provides Bill Dozier ’40 Terry O’Reilly ’69 strategic advice to clients Forrest Greenberg ’47 Charles Hurd ’70 Warren Taylor ’48 Benjamin Lusk ’70 Katherine Race Brin was regarding challenges at the Mary Baldwin ’49 Gloria McLean ’70 named chief privacy officer intersection of law and pub- Daniel Cowans ’50 Carol Emory ’71 (CPO) of the Federal Trade lic policy. Before joining Roger Davis ’51 Alan Glassman ’71 Commission. She joined the Holder’s staff in 2012, she LeRoy Parker ’51 John Bremner ’72 agency in 2007, and had played key roles on King Simon ’51 Victoria De Goff ’72 served as acting CPO since President Obama’s 2008 Henry Elson ’52 Albert Escobedo ’72 December 2014. Katherine campaign and later joined Irl Robinson ’52 Lois Meltzer ’72 coordinates efforts to imple- his presidential transition Joseph Casalnuovo ’53 Richard Raznikov ’72 ment and review the agen- team. Previously, she Philip Crane ’53 John St. John ’72 cy’s policies and procedures worked at Berkeley Law’s Bruce Thompson ’53 Wayne Brooks ’74 Charles Way ’54 Garrick Lew ’74 for safeguarding all sensi- East Bay Community Law John Weidman ’54 Jeffrey Roehl ’75 tive information. She also Center as a practice director Albert Bendich ’55 Richard Brennan ’77 chairs its Privacy Steering and supervising attorney. Sanford Langa ’55 Mark Davis ’78 Committee and the Breach Raymond Louie ’55 Kenneth Noble ’78 Notification Response Team. Robin Sharwood ’56 Walter Moeller ’79 2005 Victor Corbett ’57 Richard Griggs ’80 Jennifer Stroffe was pro- Eric Ball has been elected Peder Erikksson ’59 Kenneth Tishgart ’80 moted to shareholder at partner at Fenwick & West. Thomas Swartz ’59 Susan Herald ’81 Friedman Stroffe & Gerard, a He represents technology Wesley Shields ’60 Robert Peregoy ’84 transactional and litigation clients in trademark litiga- James Slack ’60 Nancy Caspari ’85 Allen Sprague ’60 Clyde Hettrick ’87 firm based in Irvine. With tion and Trademark Trial and Scott Carey ’61 Michael Ireland ’88 more than 13 years’ experi- Appeal Board (TTAB) dis- Lowell Carruth ’62 Irl Barefield ’92 ence in complex business putes, and has substantial J.J. Hollister ’62 Judah Marans ’15 and real estate transactions, experience in trade secret, Michael Myers ’62 —— Jennifer acts as outside copyright, and complex Richard Regnier ’62 Hiroto Arai general counsel to various commercial litigation mat- Raymond Bergez ’63 Herbert Bernstein businesses ranging from ters. Eric’s legal insights Duncan McPherson ’63 L.M. Blaha startups to national compa- have been quoted in leading Roger Spaulding ’63 Robert Bloch nies. Her practice focuses national and legal publica- David Lloyd ’64 Patricia Bridges on structuring, negotiating, tions, including Bloomberg George Perry ’64 Leonard Cohn and closing commercial BNA and Corporate Counsel. Frederick Schwarz ’64 William Craig Stanley Skinner ’64 Lisa de Carbonel transactions. Before begin- Myron Sorensen ’64 Harold Faulkner ning her law career, Jennifer Edmond Thiede ’64 James Frankel was a Division 1 volleyball Joseph Weeden ’64 Elizabeth FitzSimmons starter for both UC Santa Gloria DeHart ’65 Joyce Hall Barbara and Michigan State, Robert Goldstein ’65 Jerome Kohlberg and earned Academic All- Errol Scott ’65 Pamela Krasney American honors. Dwight Herr ’66 George Martin Rodger Schrimp ’66 Margaret Mikkelsen Richard Abramson ’67 Walter Miller 2003 Permelia Hulse ’67 Bruce Mitchell David Bordon ’68 James Rogers Margaret Richardson left William Plageman ’68 George Saxe her post as chief of staff Melvin Rubin ’68 Henry Wheeler and counselor to former U.S. David Clark ’69 William Zeff Attorney General Eric Holder

TRANSCRIPT SPRING 2016 69

Class Notes

AMAHA KASSA ’12 THE ACTIVIST ENTREPRENEUR On a sunny afternoon in Harlem, Amaha Kassa rallies a relevant social and political issues, such as President crowd in support of a New York bill that would provide finan- Obama’s executive actions on immigration. Based on the cial aid for undocumented students. It’s a proud moment to growing turnout, Kassa’s vision is coming to life. see his fellow black immigrants united for a cause that “It’s incredibly powerful to watch how the experience of impacts them. But, all in a day’s work for the founding direc- connecting to a community transforms people,” he says. tor of African Communities Together (ACT). —Rachel DeLetto Kassa was born in Ethiopia shortly before the country’s civil war in the mid-1970s. His father, a government minis- ter, was executed after the monarchy was overthrown. Kassa and his sisters were brought to the United States while their mother remained imprisoned until 1987. With a support network of family and friends, Kassa adapted well. But for many African immigrants, the transition is difficult. “It can be very isolating,” Kassa says. “They lose their financial base, professional status, social and cultural standing—even basic services, due to language barriers.” When Kassa began working with an East Bay nonprofit rights group, he saw vibrant organizations working on behalf of Latino, Asian, and Arab immigrants—but none helping Africans. “I assumed somebody else would build it and I’d just go work there,” he says. Kassa applied to the Berkeley Law–Harvard Kennedy School of Government joint JD/MPP program, eager to parlay his legal training into supporting African immigrants. In 2012, he received the inaugural Black Male Achievement Fellowship from the Open Society Foundation and Echoing Green to help launch ACT in Harlem. Because New York City does not currently offer many of its critical services and resources in French, which is com- monly spoken in many African nations, one of ACT’s primary focuses is bridging that language gap. Kassa’s team provides community interpreting, legal services, and assistance with immigration issues, jobs, health care, housing, taxes, and education. “We try to reach people at bus stops, restaurants, hair- braiding salons, churches, mosques, and festivals—instead of waiting for them to have an urgent situation and not know where to turn,” he says. Kassa has worked with the New York City Mayor’s Office of Immigrant Affairs to improve language access, and recently helped convince the Obama Administration to extend Temporary Protected Status for West African nationals from countries afflicted by Ebola. In addition to monthly membership meetings, ACT hosts leadership training sessions and town hall gatherings on

70 TRANSCRIPT SPRING 2016 Stars represent the top 2.5 CrowdStrike, and Sony national court’s compulsory percent of Texas attorneys Corporation in its acquisi- jurisdiction over all states who are 40 years old or tion of Optical Archive, Inc. and noted key cases from younger, or those attorneys the past year. who have been practicing for 10 years or less. The list Kasia Nowak was named to was published in the April Super Lawyers’ list of the 2016 issue of Texas top women attorneys in Monthly. Robert was also Northern California. The list named to Fort Worth was published in the Magazine’s 2015 list of December issue of San Tarrant County’s Top Francisco Magazine. She Attorneys in oil and gas. was previously named to the Northern California Super Lawyers 2015 Edition Naomi Tsu was promoted to 2006 – Rising Stars, which recog- deputy legal director of the Joshua Weishart received nizes the region’s top up- Southern Poverty Law this year’s Professor of the and-coming attorneys. An Center’s Immigrant Justice Year award from the West associate at Fisher & Project, which advances the Virginia University College of Phillips, Kasia’s practice rights of immigrant workers, Law. Before joining the involves employment- children, and families school in 2012, Joshua was related litigation, including through impact litigation an associate at Severson & defending employers and policy work. Naomi was Werson in San Francisco, against claims of discrimi- one of the trial attorneys in where he practiced financial nation, retaliation, and a history-making case service litigation on various wrongful termination. against a maritime services consumer-related matters, company in Mississippi that including complex nation- Timothy Yoo was elected a defrauded and exploited wide class actions and principal of the Los workers through a labor traf- appeals. He then served as Christina Hioureas Angeles-based litigation ficking scheme. Last year, a a law clerk to Judge Robert addressed the U.N. General firm Bird Marella. Before federal jury awarded $14 King of the 4th U.S. Circuit Assembly in November joining the firm, he worked million in damages to five Court of Appeals. about the International for WilmerHale and served Indian guest workers after Court of Justice’s role in the as senior litigation counsel finding that the company peaceful settlement of dis- for the largest entertain- engaged in labor trafficking, 2007 putes—in conformity with ment and media conglomer- forced labor, fraud, racke- Dawn Belt has been elected justice and international ate in South Korea. There, teering, and discrimination. partner at Fenwick & West. law. She discussed the U.N. Timothy managed interna- Naomi’s legal team won the She advises technology Charter’s function in estab- tional disputes involving Public Justice Foundation’s companies—including lishing the international intellectual property licens- 2015 Trial Lawyer of the Year Dropbox, Facebook, and court as its main judicial ing, copyright, and trade- Award. GoPro—on myriad transac- organ, and touted the mark infringement—result- tional matters. In 2015, she importance of an integrated ing in multiple arbitration Robert Vartabedian, represented BuzzFeed in its and coordinated approach awards in favor of his client elected partner in the Fort $200 million financing, to dispute resolution and reduced risk exposure Worth office of Thompson & Corium in its $52 million through negotiation, media- by millions of dollars. Knight in February, was follow-on public offering, tion, and arbitration. An selected for inclusion in AltSchool in its $100 million associate in Chadbourne & Texas Rising Stars 2016 by financing, Google Capital in Parke’s New York office, 2008 Thomson Reuters’ Super leading a $100 million Christina pushed for univer- Michael Lii, a partner at Lawyers. The Texas Rising equity investment in sal acceptance of the inter- Thompson & Knight’s Dallas

TRANSCRIPT SPRING 2016 71 Class Notes

office, was selected for served as an assistant firm’s entertainment prac- and helped draft the U.S. inclusion in Texas Rising attorney general in the Civil tice group. Department of Homeland Stars 2016 by Thomson Rights Division of the Security’s annual budget. Reuters’ Super Lawyers. The Massachusetts Attorney Texas Rising Stars repre- General’s Office. sent the top 2.5 percent of Texas attorneys who are 40 years old or younger, or 2012 those attorneys who have Kelly Margolis Dagger, a lit- been practicing for 10 igation associate at Ellis & years or less. The list was Winters in Raleigh, North published in the April 2016 Carolina, became secretary issue of Texas Monthly. of the Federal Bar Michael specializes in secu- Association’s Eastern rities and corporate District of North Carolina finance. chapter. She was also elected to the North Christopher Yeh received Carolina Bar Association’s the Keta Taylor Colby Award Appellate Practice Section 2013 Antonio Ingram will clerk for from the Lawyers’ Council, and began serving Corey Laplante recently federal district court Judge Committee for Civil Rights a three-year term in July formed The Associates Ivan Lemelle in New Orleans of the San Francisco Bay 2015. Committee to promote phi- starting this fall. A litigation Area. The award recognizes lanthropy and civic engage- associate at Morrison & pro bono attorneys who ment among young corpo- Foerster’s San Francisco have provided outstanding rate lawyers. Members office, Antonio will subse- representation to poor and support legal aid and related quently clerk for 4th U.S. underrepresented people nonprofits, and help guide Circuit Court of Appeals through the Committee’s grant recipients. A litigation Judge Roger Gregory in Second Chance Legal Clinic. associate at Skadden, Arps, Richmond, Virginia. A trial lawyer at Duane Slate, Meagher & Flom in Morris, Christopher is a Los Angeles, Corey helps Michael Johnson joined the member of his firm’s Pro recruit members to make real estate practice at Bono Committee, and of the annual contributions, then Phillips Nizer’s New York Pro Bono Advisory pools and awards them to office as a transactional Committee for Asian deserving public interest associate. Previously, he Americans Advancing organizations. was a startup consultant Justice—Los Angeles. and a legal fellow of the New York State Housing Finance Fanxi Wang joined the Los 2014 Agency. 2010 Angeles office of Bird Paul Cox has joined Ellis & Joanna Lydgate was Marella, which litigates com- Winters in Raleigh, North Michel Sancovski (LL.M.) named Director of Policy for plex civil and white-collar Carolina, as an associate in wrote an article in Massachusetts Attorney criminal matters, as an the firm’s litigation practice. Ethisphere Magazine that General Maura Healey. associate. Fluent in Chinese, Prior to joining the firm, he addressed compliance and Joanna has worked for Fanxi has represented U.S. served as a law clerk to anti-corruption in Brazil, Healey, the nation’s first and international companies Judge Raymond Fisher on specifically the role of com- openly LGBT state attorney in securities and M&A litiga- the 9th U.S. Circuit Court of pliance officers in the coun- general, since June 2014. tion, and worked on class Appeals. Before law school, try’s regulation. He is an Previously, she was a law actions involving product lia- Paul worked as a legislative associate attorney at clerk at the 1st U.S. Circuit bility and false advertising. aide to North Carolina Trench, Rossi e Watanabe Court of Appeals, and She is also a member of her Congressman David Price Advogados, a Brazilian firm.

72 TRANSCRIPT SPRING 2016 Alumni giving is the lifeblood of our support. When multiplied by gifts Think your modest gift from thousands of your fellow alumni, your donation meaningfully to Berkeley Law won’t supports our students through financial aid, public interest grants and fellowships, and student journals and organizations. make a big difference? Contributing to the Boalt Hall Fund is easy. Go online to our giving Think again. page, choose the “recurring” option, and set a monthly or annual gift amount. We’ll take care of the rest. And don’t think it needs to be a lot. A tax-deductible monthly gift of $25 or $50 will go to good use.

The numbers tell a Make a difference at your alma mater today. And scratch one more different story. thing off your “bucket list.” Visit: GIVE.BERKELEY.EDU/SUPPORTLAW

If you’re a graduate since ’06, your gift is matched 2:1 under the New Alumni Challenge. University of California, Berkeley Alumni Center Boalt Hall Berkeley, CA 94720-7200

Get Ready for

Alumni Reunion Weekend is September 16-18, 2016 Catch up with the law school on Friday through fascinating MCLE-credit panels featuring faculty, students, and alumni. Meet Interim Dean Melissa Murray at a Town Hall. Reconnect with professors, classmates, and friends, and expand your network of Boalties at an all-alumni cocktail reception. Enjoy class dinners with fellow graduates of classes ending in 1 and 6. Don’t forget your blue and gold gear for our tailgate before the Cal-Texas football game!

LEARN MORE AT law.berkeley.edu/alumni/