Jim Mattesich has practiced law since 1972. Together with Gene Livingston, Jim founded Livingston & Mattesich in 1982 to represent clients in their interactions with the State of California, and was among the first attorneys in Sacramento to provide experienced and effective advocacy in all forums of public decision-making: legislation, regulation and litigation. Prior to his appointments to his state government positions, Jim litigated at all levels of the state and federal court systems, including the U.S. Supreme Court. He taught trial practice for the United States Legal Services Corporation.
He has combined his insider's knowledge of state government and his knowledge of the Legislature, state agencies, and the courts to the full advantage of his clients. Jim's multidimensional experience enables him to not only respond effectively to the current political and regulatory landscape, but to also anticipate new trends and changes that could affect his clients' goals.
Jim's legislative advocacy practice involves a broad range of regulatory and policy issues, and offers services unique to a lawyer-lobbyist. He combines his understanding of the statutory and administrative law relevant to the specific issue with his familiarity of how the legislature and the regulatory agencies actually work on behalf of each client. Jim can evaluate whether a regulation complies with the underlying law, court decisions and the administrative procedures for adopting regulations. If lobbying and administrative advocacy does not suit the client's specific needs, he can remedy legislative and regulatory problems in the courts.
Jim's clients include businesses and trade associations with significant interests in California. His work encompasses advising and representing clients in a wide range of regulatory, administrative and legislative matters. He counsels clients in the consumer products industries in regulatory compliance issues and legislative advocacy efforts. His practice encompasses environmental subspecialties, including toxic chemical regulation, air emissions standards, pesticide regulation, compliance and litigation regarding California's unique "Proposition 65" statute, and regulatory and compliance matters before the California Alcoholic Beverage Control Board.
Jim also handles matters involving professional licensing, including disciplinary and revocation hearings. Prior to founding Livingston & Mattesich, he held two key state government positions in California state government. Jim was appointed by the governor and confirmed by the state senate to serve as the first General Counsel and Deputy Director of the California Office of Administrative Law from 1980 to 1982. He and the first director, Gene Livingston, organized the newly established office charged with reviewing all state agency regulations. Jim hired and supervised a staff of 16 attorneys, and managed the review of every new regulation adopted by the 124 state agencies. Charged with evaluating the legality of the 13,000 pages of regulations proposed annually by the state, he worked with Gene Livingston to cut new regulations by 50%.
Prior to helping establish the Office of Administrative Law, Jim served as Deputy Director and Legal Counsel to the Director of the California Employment Development Department, an agency with 15,000 employees and a budget of $2.5 billion. He was responsible for drafting pleadings in major litigation, drafting state and federal legislative proposals as well as department regulations. He also represented the California Employment Development Department before the U.S. Congress and the California Legislature, as well as at administrative hearings, and in negotiations with the U.S. Department of Labor.
Areas of Concentration
· Legislative and regulatory advocacy
· Hazardous waste and toxic chemical laws
· Proposition 65
· Air emissions standards
· Pesticide regulations
· Alcoholic beverage control
· Professional licensing
Professional & Community Involvement
· Member, American Bar Association
- Member, Administrative Law and Regulatory Practice, Natural Resources and Antitrust Sections
- Vice-Chair, Administrative Law Section, Committee on Government Organization and Separation of Powers
· Member, California Society for Health Care Attorneys
· Member, National Health Lawyers Association
· Member, Sacramento County
- Administrative, Environmental and Healthcare Law Sections
· Member, State Bar of California
- Environmental, Litigation, and Antitrust and Trade Regulation Sections
Awards & Recognition
· Listed, The Best Lawyers in America, Government Relations Practice, 2010-2014
· Listed, Super Lawyers magazine, Northern California Super Lawyers, 2004, 2006, 2012 and 2013
· Appointment, National Institute of Trial Advocacy
· Rated, AV Preeminent® 5.0 out of 5
· Enacted unique legislation protecting the cosmetics industry from class action litigation.
· Defended a restaurant client group in Proposition 65 litigation brought by the California Attorney General.
· Sued the California Air Resources Board to protect consumer products company client from unlawful regulation.
Publications & Presentations
Articles, Lectures & Publication s
· Co-Author, "Food and Beverage Companies Face New Proposition 65 Threats Over 4-Methylimidazole (4-MEI), GT Alert, February 10, 2012
· Author, "California Air Regulators Move Forward With Carbon Trading Program But Delay Enforcement Until 2013," GT Alert, July 6, 2011
· Author, "New California 'Anti-Slavery and Human Trafficking' Disclosure Obligations on Manufacturers and Retailers," GT Alert, November 8, 2010
· Co-Author, "California Begins Nanomaterial Data Call-In," GT Sacramento Newsletter, January 2009
· Co-Author, "California Begins Nanomaterial Data Call-In," GT Alert, December 2, 2008
· Author, "New Landmark California Laws Establishing Regulatory Framework Regarding Green Chemistry for Consumer Products," GT Alert, October 14, 2008
· Co-Author, "As Congress Contemplates Federal Action, States Continue to Aggressively Pursue Their Own Initiatives on Climate Change," GT Sacramento Newsletter, October 2008
· Author, "As Congress Contemplates Federal Action, States Continue to Aggressively Pursue Their Own Initiatives on Climate Change," GT Alert, November 1, 2007
· Author, "California Environmental Law Legislative Update: Good Year for Fluorescent Light Bulbs, Bad Year for Rubber Ducks," GT Alert, October 1, 2007
James lectures on regulatory compliance issues at numerous seminars and conferences sponsored by trade associations and business groups, including the Legal and Regulatory Conference as well as the Proposition 65 Clearinghouse Annual Conference.