Spiegel Liao & Kagay was formed in 1985 by members of the Antitrust Section of the California Attorney General's Office. Both before and after entering private practice, SLK attorneys have been leaders in numerous difficult and innovative litigation and appellate matters. The principal attorneys manage their own cases, eliminating the need for junior attorneys to learn while billing the client.
MICHAEL I. SPIEGEL (1934-2012) Spiegel Liao & Kagay is saddened to announce that its senior partner Michael Spiegel passed away in August of 2012.
Mr. Spiegel was one of the founders of the Antitrust Section of the California Department of Justice, where he served as Deputy Attorney General and Supervising Deputy from 1963 to 1985. In that position, he took a lead role in many major antitrust cases and achieved national prominence as an antitrust attorney. He pioneered the development of modern day class action and other complex litigation.
Mr. Spiegel represented the State of California in the Western Pipe Antitrust cases; the Antibiotics Antitrust Litigation; the Western Liquid Asphalt Antitrust Litigation, MDL-50; and the Cement Antitrust Litigation, MDL-296, among many others. He was consistently recognized by the courts and his peers as a leader in the fields of antitrust, class actions, and other complex litigation. See, e.g., In re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions, 410 F.Supp. 706, 717 (D.Minn. 1975): "Mr. Spiegel . . . [has] done an outstanding job throughout this litigation. The Court has the highest esteem for [this man] as [an] individual and as [a] litigant." He is best known for captaining the Petroleum Products Antitrust Litigation for all plaintiff states, an eighteen-year effort in a massive class action that ultimately netted over $140 million for four western states and their citizens.
In 1995, Forbes Magazine recognized Mr. Spiegel as one of the nation's 25 most successful trial lawyers.
CHARLES KAGAY (email@example.com) earned his undergraduate degree, graduate degree and J.D. from Harvard University. He was admitted to the bar in 1976, and served as Deputy Attorney General for the State of California from 1976 to 1985. He is a past member of the Executive Committee of the State Bar of California's Antitrust and Unfair Competition Section.
Mr. Kagay has been certified as a specialist in Appellate Law by the State Bar of California Board of Legal Specialization, and has served on the State Bar of California's Committee on Appellate Courts. He handles appeals in all California and federal courts, particularly in cases involving complex or novel legal or procedural questions.
Mr. Kagay has taken a lead role in several major antitrust and class action cases, including the Petroleum Products Antitrust Litigation, at both the trial court and appellate levels. He also has served as principal attorney in numerous prominent appeals, addressing issues of antitrust law, administrative law, physician credentialing, and first-impression questions of civil procedure and statutory interpretation. These include:
- Young v. Tri-City Healthcare Dist., 210 Cal. App. 4th 35 (2012)
- Mileikowsky v. West Hills Hospital and Medical Center, 45 Cal.4th 1259 (2009)
- UAS Management, Inc., v. Mater Misericordiae Hospital, 169 Cal. App.4th 357 (2008)
- Yaqub v. Salinas Valley Memorial Healthcare System, 122 Cal. App.4th 474 (2004)
- Bay World Trading, Ltd v. Nebraska Beef, Inc., 101 Cal. App. 4th 135 (2002)
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co., 20 Cal. 4th 183 (1999)
- United States v. Blackley, 167 F.3d 543 (D.C. Cir. 1999)
- In re Sealed Case, 121 F.3d 729 (D.C. Cir. 1997)
- United States v. Espy, 145 F.3d 1369 (D.C. Cir. 1998)
- In re Espy, 80 F.3d 501 (D.C. Cir. 1996)
- Abramson v. Gonzales, 949 F.2d 1567 (11th Cir. 1992)
- In re Co-ordinated Pretrial Proceedings in Petroleum Products Antitrust Litigation (MDL-150), 906 F.2d 432 (9th Cir. 1990)
- Bullock v. City and County of San Francisco, 221 Cal.App.3d 1072 (1990)
- Pichon v. Pacific Gas & Electric Co., 212 Cal.App.3d 488 (1989)
While still conducting his civil practice in California, Mr. Kagay served as Chief Appellate Counsel in the probes of two cabinet-level officials in Washington, D.C. He has also been called upon several times by the California Attorney General in complex litigation matters, including the antitrust trial in United States v. Microsoft.
In almost every year from 2004 to the present, Mr. Kagay has been selected as a "Northern California Superlawyer" - i.e., one of the top 5% of the lawyers practicing in Northern California, chosen on the basis of peer evaluation and independent research.
Mr. Kagay is President and Chairman of the Board of Directors of the INBLF, the International Network of Boutique and Independent Law Firms. This is an organization of the most highly credentialed and preeminent single-discipline law firms throughout the United States and Canada, allied with some of the world's most prominent full-service law firms in foreign nations.
Mr. Kagay is an author for Practitioner Insights, a Thomson Reuters offering on the WestlawNext legal research platform. Practitioner Insights provides practical, focused analysis of specific legal issues by jurisdiction.
WAYNE LIAO (firstname.lastname@example.org), of counsel to the firm, earned his undergraduate degree in 1972 from the University of Chicago, and his J.D. from the University of California at Berkeley in 1975. He was admitted to the California Bar in 1975 and served as a Deputy Attorney General for the State of California from 1976 to 1985. He has been a member of the Executive Committee of the State Bar of California's Antitrust Section beginning in 1990.
Mr. Liao led the firm's defense of the Los Angeles Memorial Coliseum Commission in the relocation of the National Basketball Association Clippers team from San Diego to Los Angeles, National Basketball Association v. SDC Basketball Club, Inc., 815 F.2d 562 (9th Cir. 1987). He shouldered key leadership responsibilities in other large antitrust cases, including the Petroleum Products Antitrust Litigation. Mr. Liao's practice has included such noteworthy cases as United States v. Microsoft, two Independent Counsel matters, and many class actions on behalf of public entities and consumers. In addition to his litigation practice, Mr. Liao has advised publicly traded and privately held businesses about antitrust, trade regulation, and general business matters. He has also represented a leading international financial services company in private equity capital investments, and worked with ownership groups in major league sports franchise transfers.
BARTHOLOMEW (Bart) LEE (email@example.com), of counsel to the firm, earned his J.D. from the University of Chicago in 1971, where he was an Instructor and Teaching Fellow through 1973. He earned a B.A. with honors from St. John's College in 1968. Appellate decisions in his cases include Energy Conservation, Inc. v. Heliodyne, Inc., 698 F.2d 386 (9th Cir. 1982), Liew v. Official Receiver (Hong Kong), 685 F.2d 1192 (9th Cir. 1982), and Bullock v. City and County of San Francisco, 221 Cal.App.3d 1072 (1990). He also has to his credit published District Court antitrust decisions on continuing co-conspirator liability and parens patriae. Mr. Lee serves as a mediator and emphasizes mediation advocacy. As a litigator he remains interested in constitutional issues, particularly property rights, discrimination, and First Amendment questions, as well as more general business cases and counseling. He has also served as counsel to businesses, non-profits and individuals regarding dispute avoidance and resolution, litigation management, intellectual property defense and protection, F.C.C. regulations, transnational issues, fine arts law, and health care industry issues such as F.T.C. restraint of trade matters. For his work in physician and hospital relations, the Simmelweis Society made him a "Clean Hands" Laureate in 2008. His legal publications include "Hard Rock Mining and the Antitrust Laws ..." 15 Golden Gate University Law Review 49, (1985); "Eliminating Affirmative Defenses in Antitrust Treble Damages Actions..." 11 Golden Gate University Law Review 241, (1981); "The California Civil Code," 5 Journal of Western Legal History 13, (1992) and "The 1850 Petition to Adopt the Civil Law..." Journal of Western Legal History (forthcoming). He taught as an adjunct professor at Golden Gate University from 1983 to 2003.
Mr. Lee's recent litigation emphasis has been on constitutional issues, particularly property rights, discrimination, and First Amendment questions, and on RICO matters. He has also emphasized practice in mediation advocacy and has served as counsel to businesses and individuals regarding dispute avoidance and resolution, intellectual property management and defense, fine arts law, and international regulation. Additionally, he has worked on evolving health care industry issues such as restraint of trade matters involving the Federal Trade Commission and physician and hospital relations, and he has served as counsel to non-profit groups such as museums and Federal Communications Commission-regulated emergency services organizations.
DON SMALTZ (firstname.lastname@example.org), of counsel to the firm, earned his undergraduate degree from Pennsylvania State University in 1958 and his J.D. from the Dickinson School of Law in 1961. He began his career serving as a Captain in the United States Army JAG Corps and as an Assistant United States Attorney in the Central District of California. He capped a long and successful private practice by returning to public service from 1994 to 2002 as the Independent Counsel appointed to investigate former Secretary of Agriculture Alphonso (Mike) Espy. As Independent Counsel, he brought over a dozen criminal and civil proceedings.
Mr. Smaltz, a Fellow in the American College of Trial Lawyers, is a very successful trial attorney with extensive experience in white collar criminal defense, business litigation, and SEC and environmental litigation matters.
Mr. Smaltz's reported cases include the following prominent decisions:
- Rebel Oil Co., Inc. v. Atlantic Richfield Co., 146 F.3d 1088 (9th Cir. 1998)
- United States v. Espy, 145 F.3d 1369 (D.C. Cir. 1998)
- United States v. Hemmingson, 157 F.3d 347 (5th Cir. 1998)
- Little Oil Co., Inc. v. Atlantic Richfield Co., 852 F.2d 441 (9th Cir. 1988)
- Goldberg v. United States, 425 U.S. 94 (1976)