Daniel Leacox

Daniel Leacox

Daniel Leacox represents business clients in rulemaking and other administrative procedures by state agencies in California. He currently represents many chemical, material, and product manufacturers before Cal/OSHA regarding health and safety standards and before Cal/EPA regarding pesticide regulation and risk assessment policy. He has been a technical advisor to the firm and its clients on Proposition 65 issues since 1994. Daniel is particularly helpful in the utilization of statistical and scientific data, the preparation of expert witnesses, and the formation of policy coalitions. He combines knowledge of government structure and procurement procedures to chart public markets for corporate clients.

Areas of Concentration

· Government Affairs

· Occupational Safety and Health

· Pesticide Regulation

· Proposition 65

· State Procurement

· Public Records

Significant Representations

· Represented several industries in a two year advisory committee convened by California's Division of Occupational Safety and Health to develop new guidelines for setting occupational exposure limits.

· Promoted a California science conference on the use of mode of action data in regulatory risk assessments and California's green chemistry initiative; obtained industry sponsors; co-chaired the program committee consisting of OEHHA, industry, NGO and academia representatives.

· Helped manufacturers obtain permits for elevators under temporary experimental variances from California's Elevators, Rides, & Trams Unit.

· Worked with Cal/OSHA to reconsider chemical exposure limits already proposed to the Occupational Safety and Health Standards Board and to convene special committee's with industry representatives to reconsider the limits in light of economic impacts and feasibility, as well as scientific evidence; organized and represented the concerned industries in the special committees formed.

· Developed the Proposition 65 compliance program for a large manufacturer of nutrition supplements and delivered the program in written and oral presentations to company executives and technicians; evaluated the compliance of over 200 supplements subject to litigation; using confidentiality agreements, acquired the proprietary data needed from suppliers and competitors; researched the origins of certain raw materials; gathered proprietary data from mining companies and manufacturers worldwide in a very competitive environment.

· Registered over 30 antimicrobial consumer products with the California Department of Pesticide Regulation for several clients; products included air, surface and water treatments; obtained expedited registration for several clients allowing them to meet distribution deadlines.

· Negotiated with the Department of Pesticide Regulation to settle charges and penalties for selling an unregistered pesticide in California; convinced the Department to lower its penalty demand three times. Eventually, the Department gave up the action without citation or penalties.

· Managed the permit process for a new pyrotechnics assembly plant in the protected habitat of California's desert tortoise; worked with federal, state and local agencies to satisfy the Conditional Use Permit; when the project stumbled because the builder couldn't provide satisfactory plans, developed the design specifications needed by architects unfamiliar with the industry; accounted for production flows and capacity needs that changed dramatically throughout the year; created the industry's first conversion chart between the weights in explosive regulations, the dimensions in building codes and the pieces in production records.

· Authored the funding guidelines adopted by a unique public entity created by local initiative to collect a sales tax and pay for cultural projects in and around the city. The principle issue concerned Article 13 of the California Constitution which limits the use of sales taxes to fund programs formerly funded by property taxes.

· Developed and advocated the analytical method eventually used by the Public Utilities Commission to evaluate the role of metallic balloons in power outages across California. The Legislature ordered this study when public utilities tried to get metallic balloons banned in California. The choice of analytical method was key to a successful outcome.

· Conducted performance audits for two clients with large state contracts, one with the California Department of Health Services and the other with the California Department of Education; established the factual basis for combating state audit findings and preliminary decisions to cancel further contracts.

· Researched the California government market for prefabricated structures including portable classrooms, highway sound walls and detention facilities; analyzed dollar potentials, design approvals, and purchasing procedures; identified the decision-makers and how to reach them; in several cases, made the initial contact with state officials.

· Researched a California RFQ for e-commerce vendors; helped the client understand the specifications and package the proposal; discovered the scoring threshold for a successful proposal; solved strategic issues related to the client's financial qualifications; worked with potential prime and sub-contractors.

Professional & Community Involvement

· National Director of Digital Communications, Citizens for an Alternative Tax System

Noteworthy Experience

· Library of State Bid Protests: Daniel created the firm's computer database of bid protest decisions by the California Board of Control. This one-of-a-kind computer library can be searched by dates, parties, issues and key words. He identified the legal issues decided in every case. Daniel also produced a document explaining the law, as well as the database, with an outline of bid protest issues and key quotes from bid protest decisions.

· Witness Preparation and Document Control Manuals: Daniel has been the technical advisor on several large lawsuits. In one case alone he read over 40,000 documents detailing the geology, engineering and production of 50 natural gas wells in Central California. He has prepared well over 50 expert and percipient witnesses for hostile examination in trial and deposition. He earned a reputation among experienced trial attorneys for excellent analysis of factual issues, superior preparation of witnesses and efficient document control. Observing the practice of top-flight trial attorneys, as well as his own experience, Daniel isolated and documented key principles in witness preparation and document control.

· Digital Technology Applications: In 1985, Daniel wrote several computer programs used in law office management. One was a master calendar. Another downloaded legislative data from a modem-access legislative service, then reorganized the data into customized reports for lobbyists and their clients. Another interfaced with accounting software to produce customized management reports. In 1994, he wrote a legislative priorities computer program which ranked legislators for campaign contributions. He not only wrote the program, but also developed the sources of raw data that fed the analysis. More recently, Daniel has designed and developed major websites for, among others, Livingston & Mattesich Law Corporation and Citizens for an Alternative Tax System.

Articles, Publications, & Lectures

Publications

· The Destiny of Freedom, A Manual for the American Citizen: Daniel co-authored a book demonstrating the practical importance of personal freedom and the many ways an average citizen can influence government. The Destiny of Freedom was endorsed by, among others, Stephen Moore, then the Financial Policy Director of The CATO Institute.

· Livingston & Mattesich Marketing Manual: Daniel wrote the marketing manual used by Livingston & Mattesich attorneys and lobbyists. The manual includes marketing strategies, planning materials, model proposals, and important principles gleaned from the practices of highly successful attorneys and lobbyists. He presented these principles to the annual conference of NLLF (Network of Leading Law Firms), an association of law firms from America, Europe and Asia.

· Success Secrets of Sacramento's Business Professionals: In 1990, Daniel's marketing firm authored and published a book featuring 20 of Sacramento's most successful business professionals. This unique promotional tool outsold other best-selling books in the Sacramento area inspiring several copycat products.

Articles

· Author, "Permissible Exposure Limits: What are your Priorities?," GT Sacramento Newsletter, February 2008

· Author, "Report on California Permissible Exposure Limits," GT Sacramento Newsletter, April 2007

· Author, "Permissible Exposure Limits (PELS) in California," GT Sacramento Newsletter, July 2006 Author, "The Future of FRP Composites in California's Transportation Infrastructure," Composites Manufacturing Magazine, January 2006

· Author, "The Crucible of Heat Illness Prevention," Livingston & Mattesich Newsletter, September 2005

· Author, DOSH Reviewing Worker Safety Rules," Livingston & Mattesich Newsletter, June 2005

Documents by this lawyer on Martindale.com