CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE
Senior Counsel, Sacramento, CA 01/07- Present
Responsible for civil, prosecution and regulatory litigation for California health plan regulator. Extensive knowledge of and practice under California Knox-Keene Act
•Primary responsibility for Agency’s practice before appellate courts including the California Supreme Court and District Courts of Appeal.
•Prosecuted numerous complaints against health plans, and solicitors concerning financial and quality of care provisions of Knox-Keene Act
•Extensive public policy guidance and counsel to Agency regarding issues impacting consumers, plans and providers.
•Primary responsibility for several investigations implicating state and federal civil, criminal, and regulatory law.
•Defended Agency in civil litigation matters in appellate courts, including in CHCC, Inc. v. DMHC (2008) 161 Cal. App. 4th 684.
•Extensive experience in ERISA preemption, Medicare law, HIPAA, California privacy laws.
MCCLELLAND & LUM, PC
Managing Shareholder, Sacramento, CA 8/02- 01/07
Managing shareholder of law and lobbying firm serving domestic and foreign clients in all manner of corporate, intellectual property, business, entertainment law, real estate, and labor law counseling and litigation. Strong emphasis on corporate and management defense, supplemented with selected representation of individuals. The Firm has a broad corporate counseling practice assisting start-up and emerging growth businesses with entity selection, corporate governance, and corporate finance matters.
•Clients include corporations and individuals in the construction, real estate, financial services, banking, political, technology, and environmental fields.
•Lead trial counsel in the Lanham Act and unfair competition case Husbands For Rent, Inc. v. Handy Husbands for rent, Inc. (N.D. Cal. 2006) 2006 U.S. Dist. LEXIS 6843: prevailed on behalf of plaintiff, enjoining unlawful trademark infringement.
•Broad litigation experience including unfair competition and business litigation, employment litigation, and intellectual property litigation.
•One of only a handful of California litigators to successfully oppose a SLAPP motion in a malicious prosecution action.
•Significant experience in prosecuting adversarial proceedings in bankruptcy litigation to protest discharge under 11 USC 523, 727 in multiple federal courts.
•Currently serving as contract General Counsel for several corporations.
•Successfully assisted client with negotiating software licensing and distribution contract with an overseas IT partner.
•Drafted contractual instruments and negotiated for buyer in a $100 MM real estate transaction.
•Represented several real estate firms in business and tort litigation matters, toxic mold cases, breach of contract and professional malfeasance cases.
•Practicing in entertainment law including representation of local media personalities in contract negations.
•Providing strategic government relations services to corporate clients through affiliated entity “Synaccle Concepts”: compliance design, statutory developments analyses, agency advocacy and communications strategy.
General Counsel. Sacramento, CA. 8/01- 3/02
Responsible for all legal matters for a diversified environmental corporation and affiliated companies. Experienced in preventatively addressing issues involving environmental laws such as CERCLA, RCRA, SB 32; real estate law, banking law, corporate governance, government contracting, and employment law.
•Designed and emplaced innovative corporate structuring which saved thousands of dollars in initial capital costs, minimized liability, and improved company’s efficiency and operating methods.
•Facilitated and structured the merger of resources between four distinct companies to support the creation of the Corporation.
•Negotiated and drafted all corporate contracts including vendor agreements, client contracts, and joint venture agreements supporting the Company’s rapid growth.
•Supervised Company’s expansion into new industries including power generation, petroleum products, and long-term skilled care facilities.
•Responsible for legislative and regulatory tracking and compliance in highly regulated industries.
•Responsible for all corporate communications.
•Responsible for Corporate Secretary and Treasurer oversight, and QC/QA audits.
•Successfully negotiated the buyout and acquisition of the Corporation
UNIVERSAL STRUCTURAL COMPOSITES CORPORATION
Acting General Counsel and Director of Public & Government Relations. Sacramento, CA. 2/01-8/01.
Responsible for all legal matters for start-up Manufacturing and Real Estate Development Company. Extensive research and development of legal strategies concerning California corporations law, land use and zoning law, employment law, and intellectual property law.
•Responsible for developing government and public relations strategies.
•Responsible for Cal. Corporations Code compliance and Secretary of State filings.
•Significant involvement in multimillion-dollar seed stage corporate financing and venture capital strategy and negotiations.
JACKSON, LEWIS, LLP
Associate Sacramento, CA 9/99-2/01; Summer Associate White Plains, NY 5/98-8/98.
Defended employers in all stages of litigation in federal and state courts, arbitrations, and before administrative agencies such as EDD, DFEH, and the NLRB. Extensive research and experience in handling matters involving: NLRA, CFRA, AB 60 and alternative workweeks, ADA, FMLA, Title VII, FLSA, FEHA, ADEA, RICO, UCC, Unruh Act, executive compensation, class action litigation, workplace violence, trade secrets, corporate raiding, privacy law, trademark law, and unfair competition.
•Second Chair in Unfair Labor Practice trial, In re Paramount Farms, 334 NLRB No. 106, including witness examination, pre-trial discovery disputes, legal research, and extensive trial preparation, post trial appeal.
•Experience in New York, Connecticut, and California civil rights laws including NYHRL, FEHA.
•Featured Speaker on union-free issues for the California Association of Homes and Services for the Aging.
•Extensive experience in advising employers regarding numerous human resources, employment, and labor law issues.
•Experienced in drafting: motions, writs, answers, demurrers, arbitration briefs, research memoranda, handbook reviews, position statements, employment contracts, and trade secret agreements.
•Experience in EEO, workplace violence, FMLA, and union-free training.
•Responsible for legislative tracking, bill analyses, and preparation of employer compliance procedures.
•Significant experience in union organizing campaigns, including representation before the NLRB, collective bargaining agreement negotiations, and strike management and communications.
•Responsible for legislative tracking, bill analyses, and preparation of employer compliance procedures.
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Legislative Manager. Sacramento, CA 5/97-8/97.
Responsible for Department’s legislative agenda and advocacy.
•Legislative bill analysis and federal, state and local regulatory analysis.
•Authored Department legal opinions.
•Extensive statutory and case law research, and analysis of state and federal employment and civil rights laws.
•Authored amendments to legislation and engaged in legislative advocacy.
•Negotiated and drafted contracts with Department vendors.
CALIFORNIA DEPARTMENT OF REHABILITATION
Legislative Specialist appointed by Governor Pete Wilson. Sacramento, CA. 1/96-8/96.
Responsible for Department’s legislative agenda, including legislative bill analysis; federal and state regulatory analysis; research; creation and operation of Department’s press, communications, and marketing functions.
•Legislative proposal development and bill writing; legislative advocacy;
•Liaison with other departments within the Health and Welfare Agency and nationally;
•Issues analysis and coalition building at the state, national, and local level.
•Budget analysis and exploration of alternative revenue resources.
•Assigned to the California Taskforce to Review Juvenile Crime and the Juvenile Justice Response: analysis of pending legislation, criminal justice system analysis, research, policy proposals, and analysis of witness’ testimony.
CALIFORNIA WESTERN SCHOOL OF LAW ABA/AALS
Juris Doctor, cum laude, April 1999; Admitted CA 1999.San Diego, CA
California Western Law Review/International Law Journal, Staff-Editor 1998, Staff-Writer 1997-98;
Top 10.5% of Class; Dean’s Scholarship; Dean’s Honor List; Recognized in Who’s Who: American Law Students, 1997-98, 98-99;
American Jurisprudence Awards: Evidence;
National Finalist, ABA Negotiation Competition, finished in the top ten for all US law students, 1998-99;
Academic Achievement Award: Internship Tutorial; 1-L Tutor, CWSL Academic Success program;
ABA Negotiation Competition Western Region Finals 1998-99, Second Place;
First Place, California Western School of Law Negotiation Competition, 1997-98, 1998-99; ABA Western Regional Negotiation Competition, 1997-98;
1997-98 California Western School of Law-ABA Negotiation Team; Semifinalist, 1-L Trial Competition; and Research Assistant to Professor Mark Weinstein.
•Judicial extern to Presiding Justice Arthur G. Scotland, California Court of Appeal, Third District: drafted opinions concerning civil and criminal procedure, California’s Civil, Penal, and Civil Procedure Codes; extensive case law and statutory research; and coordinated with members of the court regarding pending appeals and opinions.
CALIFORNIA STATE UNIVERSITY, SACRAMENTO
Bachelor of Arts, cum laude, Government; Minor, Criminal Justice, May 1996.
HONORS: University Senior Achievement Award; Dean’s List;
Golden Key National Honor Society; Pi Sigma Alpha Political Science Honor Society;
Phi Kappa Phi Honor Society; Bazzanella Literary Award Nominee; Member, Phi Alpha Delta.
SELECTED PUBLICATIONS AND MEMBERSHIPS
M. Dylan McClelland “’Mount Up’: a Self-policing Proposal for the Self-regulating Profession,” 30 Rutgers L. Rec. 78 (Spring 2006).
“Uncomfortable Distaste vs. Stability and Equality: Is there a Conservative Case for Same Sex Marriage, December 3, 2006, at http://www.intellectualconservative.com/2006/uncomfortable-distaste-vs-stability-and-equality-is-there-a-conservative-case-for-same-sex-marriage/
M. Dylan McClelland, “Strangled by my Bootstraps: Confessions of a Disabled Conservative,” at http://freespeechfreeforall.us/node/125 (September 2006), reprinted at http://www.aeonweb.com/ (Sept. 2006), reprinted at http://commonconservative.com (Sept. 2006), reprinted at http://intellectualconservative.com (Sept. 2006), Sacramento News and Review, October 2006
“The Marriage of Bryan and Scopes’ Monkey: How Scientific Advances will Alter the Course of the Values Debate”, November 2006 published in short form at http://www.intellectualconservative.com/2006/the-marriage-of-bryan-and-scopes%e2%80%99-monkey-how-scientific-advances-will-change-the-course-of-the-values-debate/
M. Dylan McClelland, “Dangerous Liaisons: the Left's New Love Affair with Article I,” (February 23, 2006) ExpressO Preprint Series. Working Paper 993. http://law.bepress.com/expresso/eps/993.