Associate—Corporate Law, Nonprofit Tax-Exempt Organizations, Higher Education, IP & Technology
Kaitlyn Saberin counsels organizations (including higher education, nonprofits, for-profits, and government entities) with general business advice including entity formation, obtaining tax-exempt status, day-to-day operational matters, competitive bidding and state procurement requirements, negotiating and drafting contracts for commercial transactions, and in particular, advising on data privacy and confidentiality, hosted or cloud-based solutions, and intellectual property matters (including copyright and trademark prosecution and licensing issues).
She has negotiated and drafted agreements involving complex technology licenses, information technology implementations, equipment rentals, product distribution, supply and sales, and consulting services related to higher education and other nonprofit organizations, pension-related services, healthcare, pharmacy distribution, and investment services products, in addition to advising on State of California competitive bidding mechanisms including Requests for Proposals, public procurement requirements, and bid protests. As former in-house counsel, Kaitlyn offers unique insight when representing clients or vendors having also advised on the practical means of complying with legal requirements.
Before joining Delfino Madden, Kaitlyn worked as in-house counsel at the California Public Employees’ Retirement System (CalPERS), where she also gained experience in regulatory promulgation, legislative history research and analysis, pension reform with respect to the California Public Employees’ Retirement Law, board elections, as well as board-related fiduciary duties and conflicts of interest matters.
Forms California nonprofit public benefit corporations, including obtaining recognition of federal tax-exempt status.
Successfully represented agency in two bid protests with both contract awards being upheld.
Successful promulgation of agency regulations under the California Administrative Procedure Act.
Represented purchasing agency, in consultation with outside counsel, on $300 million custom software design, implementation and maintenance agreement.
Advised on potential conflicts of interests related to service on association or nonprofit boards, and conflicts of interest statutes in the California Public Contract Code concerning follow-on consulting services agreements and competitive bidding restrictions.