Gene Livingston founded Livingston & Mattesich in 1982 to represent clients in their interactions with the State of California. Gene was among the first attorneys in Sacramento to provide experienced and effective advocacy in all forums of public decision-making: the Legislature, regulatory agencies, and the courts. In February 1998, California Lawyer magazine named Mr. Livingston one of the ten most "powerful lawyer-lobbyists in Sacramento" and noted, "Livingston was appointed by the Governor as the first director of California's Office of Administrative Law. The Office was created in 1980 to review all state agency regulations, to reduce their number and improve their quality. The experience gave Livingston an insider's view of every state agency." Gene has effectively combined his insider's knowledge of state government, litigation experience, knowledge of the Legislature, state agencies, and the courts to the full advantage of his clients. His philosophy of tailoring services to the exact needs of each client remains a central theme.
Today, Gene is recognized as a go-to-person to address relationships and legislation in the California Legislature, to affect proposed regulations, and to challenge agency actions in court. In addition to being an authority on the rule-making process, he is front and center, representing individual clients and a business coalition, on the implementation of California's green chemistry law, and continues his Proposition 65 practice, a practice he began in 1986, the year the initiative passed.
Further, Gene advises and represents his business and trade association clients on legislation affecting business, other environmental regulatory issues at Cal-EPA, such as VOCs in consumer products, insurance legislation and regulations, and public contracts.
While Gene works hard to achieve public policy results favorable to his clients, litigation is necessary at times. He handles court challenges to legislation on constitutional grounds, to regulations lacking legal authority, to administrative mandates as "underground regulations," and to public contracts for procedural violations. His reputation and experience as a litigator furthers his credibility as a public policy advocate.
Prior to founding the firm, Gene held a number of governmental and academic appointments. He served in two gubernatorial-appointed and state senate-confirmed positions in California state government. As the first director of the California Office of Administrative Law from 1980 to 1982, he organized the office charged with reviewing all state agency regulations. Under Gene's leadership, new regulations adopted by the 124 state agencies were cut by 50%, over 11,000 pages of existing regulations were evaluated with 24% targeted for elimination, and another 33% changed to conform to the law. The Legislature and the business community hailed the Office of Administrative Law as a unique success in state government.
For five years before organizing the Office of Administrative Law, Gene served as Chief Deputy Director and then acting Director of the California Employment Development Department, an agency with 15,000 employees and a budget of $2.5 billion. He operated several major programs, including the collection of unemployment, disability insurance and state income taxes and the payment of unemployment and disability insurance benefits.
Areas of Concentration
· Advocacy before the California Legislature, state agencies and the courts
· Business regulation and compliance
· Green chemistry
· Proposition 65 compliance and litigation
· Environmental regulation
· Insurance regulation
· Public contracts
Professional & Community Involvement
· Member, American Bar Association
Awards & Recognition
· Listed, The Best Lawyers in America, Administrative / Regulatory Law; Environmental Law; Government Relations Practice; Litigation - Environmental, 2009-2014
· Listed, Super Lawyers magazine, Northern California Super Lawyers, 2004, 2006, 2013
· Rated, AV Preeminent® 5.0 out of 5
· Worked to secure the passage of a major controversial bill in the closing days of the 2011 legislative session to resolve the issue of internet retailers collecting California sales tax.
· Developed a coalition of pharmaceutical companies, doctors, public and private universities and others to oppose legislation that would have criminalized animal testing necessary to verify the safety of medical and consumer products used on humans.
· Developed a coalition of realtors, builders, insurers and labor to secure passage of the California Earthquake Authority (CEA). The $10.5 billion privately funded CEA enabled the client to reenter the homeowners insurance market, a market it limited following the Northridge earthquake due to the risks.
· Helped shape the regulations implementing California's Proposition 65 (duty to warn) initiative statute.
· Served as a principal stakeholder in the development of California's green chemistry regulations.
· Served on the APA Advisory Group to advise the Director, pursuant to the Governor's Executive Order, on improvements to California's Administrative Procedures Act.
· Challenged a regulation doubling the fee paid by commercial entities that electronically access the Department of Motor Vehicles' records.
· Litigated through the Court of Appeal an action invalidating regulations adopted by the Insurance Commissioner that restricted insurers use of claims history data.
· Secured a court of appeal decision, halting the sale of state property that would have resulted in the loss of our client's business of four decades.
· Represented insurance trade associations in two different lawsuits, challenging underground regulations in one and regulations lacking legal authority in the other.
· Obtained a court of appeal decision addressing "exposure" in the context of Proposition 65.
· Represented a major pharmaceutical client in a Proposition 65 case in which the California Supreme Court sustained the client's defense that the Proposition 65 claims was preempted by federal law.
Publications & Presentations
Articles, Lectures & Publication s
· Co-Author, "California Update: Prop 65 Status, Prop 65 Reform, HCS Differences, Opposition to SB 193, and Ethylbenzene PEL," Styrene Industry News, May 2013
· Author, "Council Ignores Problems with Proposed Green Chemistry Regulations," Daily Journal, March 2013
· Quoted, "Only Proven Carcinogens Will Make Prop 65 List: Calif. Court," Law360, November 1, 2012
· Author, "State 'Green Chemistry' Regulations Stifle Innovation," Daily Journal, September 14, 2012
· Author, "Green Chemistry Regulations Embrace Politics, Not Science," Daily Journal, September 7, 2012
· Author, "A Matter of Consensus: Development of Green Chemistry Law Regulation," Daily Journal, July 28, 2011
· Author, "OEHHA Identifies 39 New Chemicals for Evaluation Under Proposition 65," GT Alert, July 2011
· Author, "Green Chemistry Rulemaking Renewed," Greenberg Traurig's E2 Law Blog, July 2011
· Author, "California's Unprecedented Green Chemistry Law Advances," Washington Legal Foundation: Legal Opinion Letter, Vol. 19 No.14, July 9, 2010
· Author, "Proposition 65 on Steroids," San Francisco Daily Journal, March 29, 2010
· Author, "Extended Producer Responsibility Legislation Fails Passage," GT Sacramento Newsletter, July 2009
· Author, "Implementation of Green Chemistry is Underway," GT Sacramento Newsletter, March 2009
Gene is a frequent speaker at seminars and conferences on Proposition 65, the regulatory process, and effective legislative advocacy. He is also a sponsor of the Proposition 65 Clearinghouse Annual Conference.
· Speaker, California State Senate Distinguished Speaker Forum, Sacramento, CA, April 1, 2013