Fall 2008 E-Newsletter
Dear Clients and Friends,
This edition of our newsletter focuses on the Firm's involvement in the community by its sponsorship of several worthwhile functions to provide information and gratitude to and for those who are spearheading the drive to make America's Finest City even better. These functions include the Downtown San Diego Partnership's Civic Center luncheon, San Diego Metropolitan Magazine's 40 Under 40 luncheon, and Julian Myers' appearance as guest commentator on The Baja Connection radio program. Also featured in this newsletter is an article regarding the Firm’s interest in the California Wine Industry.
Welcome to Lee Burdick and welcome back to Loren Freestone.
Last but not least, we have Jack Monger's observations about San Diego’s dilemma regarding the Civic Center Complex. Please see his article entitled "San Diego Political Briefs".
As always, if you have any questions or concerns regarding the Firm or our services to you, please do not hesitate to contact me directly at (619) 595-4284 or morrell@higgslaw.com.
Sincerely,
John L. Morrell,
Chairman of Higgs, Fletcher & Mack
IN THE COMMUNITY
Higgs, Fletcher & Mack sponsors Downtown Partnership’s "Civic Center Luncheon"
Higgs Chairman John Morrell and proposed City Hall
Higgs Chairman John Morrell introduced presentations at the Downtown Partnership’s September event featuring the Centre City Development Corporation and developer finalist Gerding Edlen Development’s proposed new Civic Center complex.
Higgs, Fletcher & Mack sponsors San Diego Metropolitan’s “40 under 40 Luncheon”
Higgs, Fletcher & Mack was proud to sponsor the ninth annual 40 Under 40 luncheon on September 25th at the San Diego Convention Center where the San Diego Metropolitan Magazine recognized our region's exceptional young business and civic leaders.
 Partner Julian B. Myers sits in as guest commentator on “The Baja Connection” program on KOOL 1040 am
In August, Julian Myers joined Patrick Osio, host of “The Baja Connection” program on KOOL 1040 AM, to discuss cross border issues such as infrastructure, transportation, manufacturing and trade and commerce.
IN THE NEWS
 Higgs Chairman John Morrell, Executive Director David Whitson and Higgs attorneys Mary Robberson and Kristopher Young were featured on the August cover of
the San Diego Metropolitan
NEW PARTNER
Congratulations to new partner Lee Burdick
 Prominent San Diego attorney Lee Burdick has joined Higgs, Fletcher & Mack as partner. Prior to joining the Firm, Ms. Burdick was General Counsel and Governmental Affairs Director for Jimsair Aviation Services, Inc. at San Diego International Airport. In this role, she worked extensively on behalf of Jimsair with the San Diego County Regional Airport Authority. Ms. Burdick has worked on zoning and permitting issues with 45 Southern California cities and counties. She has also litigated a variety of employment law cases over the last 17 years, including sex, race and disability discrimination cases. In 2007, Ms. Burdick was a candidate for San Diego City Attorney. Ms. Burdick is part of the firm's Business Litigation, Employment Law and Intellectual Property practice groups.
NEW ASSOCIATE
Welcome back to associate Loren G. Freestone
 Higgs, Fletcher & Mack is excited to announce that Loren G. Freestone, a graduate of the University of San Diego Law School and the University of California at Los Angeles, has been rehired at the Firm. Prior to originally joining Higgs, Fletcher & Mack, Mr. Freestone was a judicial law clerk for Judge Judith L. Haller of the Fourth District Court of Appeal, Division One.
HIGGS BREAKS OPEN NEW WINE LAW PRACTICE
By Lee Burdick and
Charles F. Reidelbach, Jr.
In response to the burgeoning southern California wine industry, Higgs, Fletcher & Mack has put together a group of lawyers from several of its practice areas to address the unique legal issues facing south coastal vintners. From Orange County and Temecula, Rancho Bernardo, Fallbrook, and Ramona to Baja, Mexico, wineries are growing in number and sophistication. California alone is home to 108 different wine appellations which represent over 56 percent of all federally recognized wine appellations originating in the U.S. Higgs stands well poised to assist them with their unique legal needs.
Interestingly, wineries face heavy regulation from federal, state, local, and foreign governments and agencies. These regulations range from direct shipping of local wines from within the state to other states as well as importing/exporting wines between countries, Alcoholic Beverage Control licensing, product labeling, infringement and unfair trade practices, publishing and Internet-based issues, to local land use restrictions. In addition, wineries trying to set themselves apart by the innovation in and quality of their winemaking processes – as well as their distinctive brand images and trade names – are frequently faced with copyright, trademark, trade secret and patent protection issues. Many of these challenges are separate and apart from the ordinary legal issues that face all businesses operating in California. Consequently, local wineries face a morass of legal obstacles that can delay or impede completely their ability to bring their products to market, or to expand their businesses once they do.
For instance, a recent California Supreme Court case brought forth a question of when and whether a winery, located in a particular viticultural region, could include the name of the region on its label when the majority of its grapes are grown elsewhere and are imported. Legal restrictions on such representations can create liability for an independent winery after the fact if it ventures into distribution of its wines unaware. Another example is the avoidance of infringement risk by performing sufficient due diligence to ensure that the name of the winery and associated brand names are available for use and not already trademark protected by another or likely to cause confusion among consumers as to the source of the wine. Planned precautionary measures now can minimize or avoid a lot of legal troubles later on. Finally, many local winemakers may find that county or municipal restrictions that apply to their particular land parcels may dictate whether or what kinds of grapes or other produce they may grow on that land. Discovering such restrictions after you have already planted the vineyard can be frustrating beyond belief.
Higgs is uniquely qualified to assist south coastal wineries with these issues and barriers. Our wine law practice is built on the Firm’s leadership in the fields of regulated industries, intellectual property protection and defense, real estate law, land use, mergers and acquisitions as well as cross-border issues for agriculture and winemaking. These strengths provide unprecedented support for large, medium and small vintners. In addition, many local wineries are family-owned businesses, and Higgs can assist these clients with estate and succession planning to help ensure that the family legacy of these businesses lives on.
The Higgs Wine Law Practice is being headed up by partners Lee Burdick and Charles F. Reidelbach, Jr.
SAN DIEGO POLITICAL BRIEFS
By Jack Monger, The Monger Company
Higgs Helps Community Focus on Critical Municipal Issues
While our representatives in Washington, D.C. wrestle with the global financial debacle, our elected officials in the City of San Diego will soon face another important financial decision with enormous consequences for our City’s treasury: What should we do with our decaying Civic Center Complex?
In September Higgs, Fletcher & Mack sponsored a Downtown San Diego Partnership luncheon at the Hard Rock Hotel focusing on this question. The decision of what to do with the current City Hall, which houses barely 19% of our City employees and is seriously inadequate in fire and life safety standards, may be one of the most important financial issues of this decade. In fact, City Hall is one of only two buildings in downtown in violation of the City’s own fire codes and state earthquake standards. The other is the State office building.
Almost 3,100 City employees are housed in downtown with 1,900 of those spread among four private office buildings. The City’s private lease payments total $13 million and leases expire in 2013-2014.
At the Partnership luncheon, Higgs’ Chairman John Morrell introduced the speakers – Centre City Development Corporation (CCDC) Vice President Jeff Graham, and Gerding Edlen Principal Tom Cody. (Gerding Edlen is the finalist in the City’s Civic Center Development competition.) A capacity crowd listened to a detailed review of eight options under CCDC review, ranging from the “do nothing” option to the proposal by Gerding Edlen to replace the entire complex.
The Mayor’s goal in handing this assignment to CCDC is to find the best alternative for housing the City’s work force while lowering costs to the City in the long run. But the clock is ticking as the City’s private leases will expire in 2013-2014, and new lease rates are expected to increase significantly. If constructing a new civic center is the best alternative, the new building must be ready for occupancy just five years from now.
Plotting a future for the Civic Center Complex will certainly be one of the first orders of business for the new City Council when it convenes in 2009.
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