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View Pro Bono Report
In the Service of Families 2011 Pro Bono and Community Service Report Inside This Issue ■■ Foreword 1 Sidley’s Firmwide Initiatives ■■ Capital Litigation Project 2 ■■ Political Asylum and Immigrants’ Rights Project 4 ■■ Veterans Benefits Project ■■ Other Pro Bono in Sidley's U.S. Offices 10 12 ■■ Ensuring Justice for Criminal Defendants 12 ■■ Protecting Civil and Human Rights 13 ■■ Helping Families 13 ■■ Protecting Housing Rights 14 ■■ Helping People With Disabilities 15 ■■ Supporting the Community and Nonprofit Organizations 16 ■■ Pro Bono From a Global Perspective 21 ■■ Pro Bono Honors and Events 24 ■■ Sponsorship of Pro Bono Graduate Fellows 29 ■■ Pro Bono and Public Interest Law Committee Members 32 Foreword I n reviewing our nearly 100,000 hours of pro bono service over the last year, we are struck by the impact our work has had on families, and the number of families we have helped stay together or reunite after circumstances tore them apart. In our immigrants' rights cases, we have helped scores of family members reunite, including families from Cameroon, Eritrea, Togo, the Republic of Congo and Uganda. The father of the family from Uganda (shown on page 9) was tortured for opposing the president's efforts to end term limits. We obtained cancellation of removal for a man from Poland who had been in the United States since he was a child and who had been acting as a father to his fiancée’s young children. In our family law pro bono cases, we have helped parents obtain custody, child support and restraining orders against abusive partners. Our New York office has worked for many years with inMotion, an organization providing legal services to low income and indigent women and children in domestic crisis. In our landlord tenant work, we have helped clients avoid evictions that would have forced families to break apart to find a place to live. Our work on a habeas petition in a criminal case allowed our innocent client to reunite with his family after 15 years in prison. Finally, Sidley's pro bono services serve families by providing corporate, real estate and other advice to a wide range of organizations, such as New York Cares, Hope in Loss, and Small Steps, School for Parents, that are on the front lines of serving and preserving families. We are extremely proud of all of Sidley's pro bono efforts, but this year, we call special attention to all that Sidley lawyers have done to protect and preserve our clients' families. Thomas A. Cole Chair, Executive Committee Charles W. Douglas Chair, Management Committee Capital Litigation Project S idley’s Capital Litigation Project year partnerships with the ABA Death Tami Domeyer, attorneys from our client, is a long-term, resource-intensive Penalty Representation Project and Exelon. Glenn Newman argued on Mr. undertaking that in the last seven years the Equal Justice Initiative of Alabama Bryant's behalf in the Court of Criminal has provided needed legal assistance to (EJI). EJI, a nonprofit organization based Appeals. 21 prisoners incarcerated on Alabama’s in Montgomery, Alabama, has achieved death row. A team of lawyers and legal national prominence for assistants, often from two or more of its advocacy on death Sidley’s domestic offices, represents penalty issues. EJI has each client, traveling to Alabama to visit provided ongoing expert their clients, inter view witnesses and g u i d a n c e t o S i d l e y ’s participate in hearings. Some of Sidley’s lawyers on Alabama post- Capital Litigation teams include in-house conviction practice and procedure. law yers from two of the firm’s largest clients, Aon Cor poration and Exelon Corporation, who participate fully in all aspects of the representation. More than 100 Sidley partners, counsel and associates, along with legal assistants and project assistants, have volunteered more than 100,000 hours to these cases since the inception of the project. In 2011, lawyers donated more than 8700 hours to the representation of these men on death row. In March 2011, the Alabama Supreme Court reversed the Alabama Court of Criminal Appeals and concluded that the circuit court had erred by adopting verbatim the State’s answer as its order dismissing Willie Scott’s habeas petition. The case has now been remanded to the circuit court for further proceedings. Tom The Project had two significant achieve- Hanrahan, Nitin Reddy, Meehan Rasch and ments in 2011: Christopher Gaul worked on Mr. Scott’s In February 2011, the Alabama Court appeal in the Alabama Supreme Court. of Criminal Appeals reversed the circuit court’s decision summarily dismissing Alabama death row inmate Jerry Bryant’s state habeas petition without discovery or an evidentiary hearing. The Court of Criminal Appeals concluded that Mr. Bryant’s petition contained facially meritorious ineffective assistance of counsel claims, and remanded the case for an evi- Sidley’s ability to represent Alabama’s dentiary hearing. Sidley lawyers John Gallo death row inmates effectively has and Serena Lee* worked on the appeal been greatly aided by the firm’s seven- with the assistance of Glenn Newman and * Indicates former Sidley lawyer or staff member 2 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Project History In December 2004, judges from the Seventh Circuit and Northern District of Illinois invited Sidley and other large Chicago firms to an ABA-sponsored meeting. Robin Maher, Director of the ABA Death Penalty Representation Project, spoke of the desperate need for legal assistance for defendants on death row, citing Alabama as one state where the need was especially acute. In response, Sidley established its Capital Litigation Project, through which the firm represents indigent inmates on Alabama’s death row in their postconviction proceedings. At the end of 2011, Alabama had 198 prisoners on death row. Approximately a quarter of the death sentences in Alabama are the result of judicial override of jury recommendations of life in prison by elected judges. In 2011, Alabama executed more people than any state other than Texas. John Gallo spearheads the Project, and Kelly Huggins manages the work from our Chicago office. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 3 Political Asylum and Immigrants’ Rights Project Reuniting Families: Adjustment of Status Clinic S ince 2007 and with the assistance and Mel Washburn supervised. An Exelon Corporation intern, Bridget Trainor, helped with the representation. of the National Immigrant Justice We o b t a i n e d p e r m a n e n t l a w f u l Center (NIJC), Sidley’s Chicago office hosts resident status for an asylee from the quarterly clinics with our client Exelon to Republic of Congo and her three daughters. help asylees and refugees obtain lawful Exelon attorney Traci Braun, Exelon permanent resident status and bring volunteer David Pabian, and Sidley’s Emily family members to the United States. Caveness handled the matter. Each clinic begins with a training session that NIJC conducts on how to complete Through the clinic, an asylee from the applications, and NIJC staff members Colombia and her son obtained lawful are available during the clinic to answer permanent resident status. Exelon questions. Together, Sidley and Exelon volunteer David Pabian, Sidley Staff have served over 150 clients; 41 clients Attorney Juris Benitez and Sidley legal attended the clinics in 2011. In 2011 alone, assistant Lauren O'Keefe handled the Sidley and Exelon obtained permanent matter. legal status for 38 clinic clients, and 17 Two sisters from the Democratic people received approval to come to the Republic of Congo obtained lawful perma- United States to be reunited with family nent resident status with the assistance members who had been granted asylum. of Exelon attorneys Julie Stevenson and Among the clients who obtained relief Nicole Nocera and Sidley’s Mike Gustafson through the clinic this year are: and Candice Kline. The sisters arrived in the We o b t a i n e d p e r m a n e n t l a w f u l U.S. through petitions filed by their asylee resident status for an asylee from Malawi mother. Exelon and Sidley had helped their who had been granted asylum because of mother obtain lawful permanent resident persecution in his native country based status in a 2009 clinic. on his sexual orientation. Andrea Reed We helped an asylee from Eritrea and Kelly Huggins handled the matter petition successfully for his wife to join 4 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report him in the United States. Brendan Bowes handled the matter with Exelon attorney Nicole Nocera. We helped an asylee from Cameroon, who feared for the safety of his family who was left behind, petition to allow his wife and four children to join him in the United States. Tony Neuhoff* and Exelon attorneys Scott Peters and Mike Pabian succeeded in expediting the petition. After the petitions were approved in 2010, the family was finally reunited in the United States in 2011. Other Pro Bono Immigration Victories A f t e r a t w o- y e a r le g a l fig h t , we successfully obtained lawful permanent resident status for a man from Morocco after immigration authorities granted a petition we filed under VAWA. Our client was a victim of domestic abuse in the U.S. while married to his ex-wife. He was divorced before he could complete the process to become a lawful permanent resident. The Sidley team included Andrea Reed and Kelly Huggins under Steve Carlson’s supervision, working with Debra Cheng, an in-house lawyer from firm client Caterpillar, Inc. T h e t e a m o f J a s o n A d l e r, L a u r a Bayard* and Allison Reimann obtained Tony Neuhoff proudly poses with the family from Cameroon he helped reunite. asylum for a woman from Guinea in a complex case where we successfully argued for an exception to the one-year asylum filing deadline. The immigration judge found that extraordinary circumstances, including a seven-month period during which the client experienced severe anxiety, depression and flashbacks arising from her female genital mutilation, warranted an exception to the filing deadline. Dan Neppl supervised and Allison Triggs* assisted. Project History In 2006, Sidley established a second significant firmwide pro bono initiative to help indigent asylum seekers and other indigent immigrants seeking legal status in the United States. Mel Washburn of our Chicago office and Martin Gold of our New York office spearhead the initiative, and Kelly Huggins manages the Project out of our Chicago office. Through the Project, Sidley handles a wide variety of immigration matters, including asylum cases, Violence Against Women Act (VAWA) cases, U visa cases, adjustments to lawful permanent residence and representation of immigrant minors. Federal law provides that individuals who have suffered or fear persecution in their home country based on their race, religion, nationality, political opinion or social group may apply for asylum in the United States. The VAWA self-petition is a remedy for immigrant victims married to abusive U.S. citizens and green card holders. Successful VAWA self-petitioners are granted employment authorization and lawful status in the United States on an annual basis until they receive legal permanent residency. The U visa is a remedy for immigrant victims of certain crimes who have helped with the investigation or prosecution of those crimes. Successful U visa petitioners receive employment authorization and lawful status in the U.S. for four years when they become eligible to apply for lawful permanent residency. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 5 Political Asylum and Immigrants’ Rights Project continued Sidley obtained a U visa for a woman from Mexico and her two teenage daughters, allowing them to remain in the U.S. her sister was murdered in the DRC civil war. The team included Stephen Rutenberg, Elisabetta Assi and Tara Conroy. and apply for permanent residency. The Kate Falahee and Laura Bayard*, under client suffered repeated physical abuse Susan Stone's supervision, obtained lawful by her then-partner and cooperated with permanent residence and a Cancellation of Chicago authorities in their investigation, Removal order for a man from Poland. Our despite her partner’s threats to harm her if client has been a permanent resident since she persisted. Sidley also obtained autho- 1989 (when, as a child, he immigrated from rization for the client and her daughters to Poland), but because of his criminal record, work legally in the United States. Meena he was placed in removal proceedings after Datta and legal assistant Arturo Rodríguez a 2009 vacation in Costa Rica. Because he handled the assignment. was statutorily eligible for cancellation Sidley successfully obtained a remand to the trial court for a client from Mexico. After several years of struggle, including an appeal to the Seventh Circuit, the client was granted a hearing before an immigration judge on the question whether he was properly notified of the government’s intent to rescind his legal permanent resident status, as federal regulations require. The Sidley team, led by Mel Washburn, included Christina Coleman, Laura Jakubowski*, Michelle Ramirez and legal assistant Zach Haller. Jen Peltz* obtained U visas for a woman from Mexico and her three children. The mother’s U visa was granted in March 2010 and U visas for her children were granted in December 2010 and March 2011. Mel Washburn supervised the matter. of removal, the immigration judge had discretion to allow him to stay in the United States. After we showed that our client had been rehabilitated, that he had been sober for more than six years following a drug addiction, and that he had been acting as a father to his fiancée’s two young children, the immigration court granted cancellation of removal. The government waived appeal, allowing our client to maintain his status as a lawful permanent resident and clearing the way for him to apply for U.S. citizenship. Praju Tuladhar and Jamie Benjamin obtained protection under VAWA and lawful permanent residence for a woman from Mex ic o w ho w as the vi cti m of domestic violence in the United States. She received her Permanent Resident card in May and now no longer worries about being separated from her young children, I n a c a s e t h e N e w Yo r k L e g a l Assistance Group referred to the firm, Sidley obtained asylum for a woman from the Democratic Republic of Congo (DRC) who fled to the U.S. after the DRC National Intelligence Agency imprisoned and brutally tortured her for alerting a political dissident to a threat against his life. Sidley is currently helping the client reunite with the children she adopted after 6 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report who are U.S. citizens. We obtained relief for a client who came to the U.S. in 2007 after escaping a polygamous tribal marriage in Cameroon. She filed for asylum immediately after entering the country. After marrying in 2010, our client amended her court filings to apply for adjustment of status. An immigration judge found that our client qualified for adjustment of status and waiver of inadmissibility because she is the spouse of a U.S. citizen and could successfully demonstrate extreme hardship to her husband in the event of her removal. Laura Bayard*, Kate Falahee and Simone Bonnet handled the matter. divorced him in the U.S. rather than return to Nepal after he was deported from the U.S. for soliciting sex with a minor. Our client obtained asylum on the basis of her membership in a particular social group—Nepalese women who had divorced their husbands. The immigration judge concluded that Nepalese society views divorced women as a group of social outcasts deserving stigmatization and harm, and that her ex-husband’s persecution of her was based on this cultural and religious code. John Skakun and Bryan Mulder handled the matter under the supervision of Holly Harrison, with assistance from Sheila Armbrust. Lauren Grau and Feras Alkasab*, with guidance from Charles Cotropia, obtained asylum for an Orthodox Coptic Christian family from Egypt. The family came to the U.S. seeking asylum on the grounds of past persecution and fears of future persecution in Egypt on account of their Christian faith. The immigration judge found (1) that the client and his family were credible, (2) that he established past persecution on account of his religion and (3) that he In a case referred by Sanctuary for Families, we successfully concluded a U visa case for a client who experienced continuous abuse at the hands of her husband. In 1997, the couple moved to the U.S. from Mexico, hoping for a better future. Since the beginning of their relationship, the husband had threatened and beaten his wife and hit their child. One night, the husband came home drunk and established past persecution on account of membership in a particular social group. The court also found that our client has a well-founded fear of future persecution. Sidley obtained U.S. asylum for an aid worker from the Democratic Republic of Congo who was persecuted because of political beliefs that the ruling party had imputed to him. Megan Walsh and Kristin Seeger handled the matter, with assistance from summer associate Jessica Rothenberg. We obtained asylum for a Nepalese woman who was persecuted from abroad by her abusive ex-husband because she Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 7 Political Asylum and Immigrants’ Rights Project continued terrorized her and their three-year old son. two-year effort. Although our client was She applied for a U visa for her son and granted U.S. asylum on humanitarian herself. We helped the client throughout grounds, U.S. Citizenship and Immigration the entire process and her U visa was Services (USCIS) had initially delayed granted. She is now able to look for a job consideration of her permanent residency and start a new life as a legal alien, free application without explanation. We filed from fear. Elisabetta Assi and Ryan Cloud a petition with the Ombudsman’s Office handled the case. of the Department of Homeland Security, Sidley represented two Pentecostal Christian sisters in their asylum proceedings. Based on the past religious persecution they suffered in Eritrea, one sister was granted asylum in August, and the other sister was granted asylum in November. Both matters were handled and USCIS subsequently granted the application after a short interview with our client. Jill Caiazzo handled the matter under Lisa Crosby's supervision with support from legal assistant Eva Brandon Mozena and litigation support specialist Daniel Rioja. by Sarah Newman, Maria Post and Our pro bono immigration work is not Laura Bayard* under Mel Washburn's limited to individual representations. In supervision. 2011, attorneys Carlos Rodriguez, Jesselyn Sidley obtained permanent lawful resident status for an asylee from Togo. In 2009, we had represented the client in his successful asylum application, which was based on the persecution he suffered because of his opposition to the dominant political party and his refusal to make illegal contributions to the government. In 2011, Sidley helped the client reunite with his family and obtain permanent residency. Stephen Rutenberg and Elisabetta Assi handled the matter. Sidley recently obtained permanent U.S. residency for a woman from El Salvador, successfully concluding a 8 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Pe, Tara Conroy and Raynard Jones helped the New York Immigration Coalition by advising on employment termination matters, resolving a contract dispute with its telephone/internet provider, advising on what information may be obtained from employees, advising on whether a fiscal responsibility agreement is sufficient proof of non-profit status and whether 501(c)(3) status can be conferred on a sponsored organization, and advising on taxes on “political expenditures.” Our client's family, together again, on a recent outing in San Francisco. In 2006, Sidley took the case of a high school principal from Uganda who had been kidnapped and tortured by government operatives for ten months after organizing peaceful protests against the president’s efforts to eliminate presidential term limits. We helped the client gain asylum and then applied for lawful permanent resident status on his behalf. Despite complications, his application was approved and Sidley then helped him apply for derivative status for travel documents to the family after two years. With financial assistance for travel costs from the Sidley Austin Foundation, and after five long years, our client was reunited with his wife and three children in San Francisco on November 23, 2011. Ellen Trachman took the case under Peter Kang’s supervision. Carrie Cotter*, Naomi Igra, Michael Rugen, Kelly Huggins and legal assistant Carly Brower also worked on the case. Cliff Gerber advised on a tax issue. his wife and children, which was granted in January 2009. Sidley petitioned the U.S. Consulate in Kampala, and with help from U.S. Senator Barbara Boxer’s office, finally compelled the consulate to issue Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 9 Veterans Benefits Project F or those servicemen and 2011, we represent veterans who have been servicewomen who have given so medically retired by the Armed Forces and much to our country, we want to ensure awarded service-connected disability from that they get the benefits they so richly the VA, yet due to the traditional ban on deserve to provide for themselves and “concurrent receipt” of both benefits, are their families. having the benefits offset by one another. A This initiative focuses on three types of clients: (1) veterans seeking disability benefits from the Department of Veterans Affairs (VA), (2) current or recently-discharged service members seeking disabil- service member whose disabling condition is “combat-related,” however, is eligible for additional compensation. Sidley prepares these applications on behalf of the veterans and in 2011, took 24 new cases. ity benefits from the Armed Forces and (3) Sidley obtained full disability veterans seeking Combat-Related Special benefits and a large retroactive award for Compensation from the Armed Forces. a Vietnam-era U.S. Army veteran based In the first category, Sidley provides pro on a finding that his bipolar disorder was bono representation to veterans seeking service connected. Sidley became involved compensation from the VA for “service- in the case in 2007 through the National connected” disabilities. These clients need Veterans Legal Services Program (NVLSP) assistance locating records and explaining after the VA rejected our client's application why they have a compensable disability. In for benefits. Sidley successfully appealed the second category, Sidley represents cur- the denial to the Court of Appeals for rent or recently-discharged military service Veterans Claims, which remanded the case members whose disabilities render them for further review. The veteran was then “unfit” to serve and thus are eligible for re-examined and ultimately prevailed, a military medical retirement. We guide obtaining a prospective award of full them through the Physical Disability benefits (approximately $32,000 per year) System and ensure that their assigned and a retroactive award worth more than level of disability, which dictates pension $200,000. Brian Rubens* and Linton Childs and healthcare eligibility, is accurate and handled the matter. fair. In the third category, new to Sidley in 10 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report In a case of national significance, Sidley prevailed in an appeal of a U.S. Army decision denying veterans benefits to our client, the widow of a Bronze Star recipient, and their four young children. After serving two tours in Iraq, Captain Samson Luke joined the Arkansas National Guard, which allowed him to sleep at home while on a two-day training exercise. Capt. Luke died in his sleep on January 10, 2010. Although initially assuring his widow that it would provide benefits, the Army reversed its position. Working with NVLSP, Sidley represented Captain Luke’s widow in her appeal to the Board for the Correction of Military Records (BCMR). After an 18-month legal fight, the BCMR granted her appeal and the Army has agreed to provide substantial benefits, including a $100,000 death gratuity, funeral expense reimbursement and various healthcare and education benefits. On December 1, 2011, the U.S. Senate passed the “Luke Amendment,” which, if it becomes law, will help ensure that other survivors in our client's situation receive veteran’s benefits. Craig Knot and Peter Booth handled the appeal. In Padgett v. Shinseki, the Federal Circuit reversed the Veterans Court and awarded fees to Sidley’s client, a surviving spouse, under the Equal Access to Justice Act (EAJA) for attorney time expended after her the medical nexus between the veteran’s injuries and his wartime service. Sidley and NVLSP successfully negotiated a remand requiring the government to assist in the development of the veteran’s claim. Ed Petrosky, Patrick Troy and Janet Zagorin, in partnership with our client Bank of America, are helping establish the bank’s new pro bono effort, Volunteer Lawyers for Veterans (VLV). VLV is supported by husband’s death. This decision is the latest On behalf of a Vietnam-era Marine the Yellow Ribbon Fund, a nonprofit dedi- round in a 12-year legal fight in which our Corps veteran, a team from Chicago cated to helping injured service members client’s spouse was wrongly and repeatedly secured a claim for disability payments for and their families. VLV is bringing together denied benefits by the VA. Agreeing with service-connected post-traumatic stress attorneys from all areas of specialization our principal argument, the Federal Circuit disorder. The VA recently assigned our to help veterans with their legal needs, concluded that there is “nothing in the client a 100% disability rating and awarded including bankruptcy, business start-ups, text of the EAJA or its legislative history to him a monthly payment of nearly $2500 real estate, tax and family law. support a per se rule denying recovery for going forward and a lump sum payment of fees incurred after a claimant’s death.” Eric approximately $95,000 based on the VA’s Shumsky argued the case. With him on the determination that our client’s entitlement briefs were Anand Das, Tara Mikkilineni* began in December 2008. These awards and NVLSP. This is Sidley’s second Federal were the result of a nearly three-year Circuit victory in the case. process in which Sidley enlisted the Sidley successfully represented the surviving spouse of a decorated Korean War veteran in the U.S. Court of Veterans Appeals. The veteran had suffered cold injuries and earned a Purple Heart during his service in Korea, but was denied assistance of a medical professional and made numerous submissions to the VA on our client’s behalf. Steve Carlson, Greg Durkin and Louani Bascara handled the matter. The Legal Assistance Foundation of Chicago referred the case. benefits for his wartime injuries. Working with NVLSP, Richard Klingler, Donald Smith and Katy Hitchins* established that his widow was eligible to seek accrued benefits after her husband’s death, and showed that the VA had erred in failing to address Project History In 2007, Sidley Washington, D.C. partner and national Pro Bono Chair Ronald Flagg led the effort to establish the Veterans Benefits Project as Sidley’s third firmwide pro bono initiative. Flagg also chairs the Board of the National Veterans Legal Services Program (NVLSP). The bulk of the cases handled in the Veterans Benefits Project are cases NVLSP referred to Sidley as part of a nationwide referral network, known as “Lawyers Serving Warriors,” designed to provide legal assistance to unrepresented veterans. Sidley has since expanded the Project to accept cases from the Veterans’ Rights Project of the Legal Assistance Foundation of Metropolitan Chicago and the Veterans Legal Support Center & Clinic at The John Marshall Law School. Emily Wexler manages the Project out of the Chicago office. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 11 Other Pro Bono in Sidley's U.S. Offices Ensuring Justice for Criminal Defendants entitled to a new trial because, after the juvenile police officer took a 13-year-old jury had deliberated for four days and seventh-grader from his classroom to a o r o v e r 17 y e a r s , S i d l e y h a s requested additional instruction on the closed-door conference room, where police participated in hundreds of criminal meaning of reasonable doubt, the trial and school administrators questioned the cases in trial courts, the courts of appeals court's reinstruction lowered the burden boy for 30 minutes without advising him of and the U.S. Supreme Cour t on a pro of proof and signaled to the jury that the his constitutional rights. Justice Sotomayor bono basis, including many that resulted judge believed the government had carried wrote the 5-4 decision and, consistent with in landmark decisions. During that time, its burden. The Court of Appeals agreed the arguments in our brief, held that a trial Sidley has gained national recognition for and ordered a new trial, with two judges court may consider a juvenile’s age in a its efforts to level the playing field and seek holding that the reinstruction violated Fifth Amendment Miranda custody analysis. justice for indigent criminal defendants due process by diluting the reasonable- The Sidley team included Mark Hopson, w ho s e f a m ilie s la c k t he p owe r a n d doubt standard, and a third concurring in Stephanie Hales, Jamie Rehman, Jeff Green resources of the government on the other the judgment. Jeff Green, Eric McArthur and legal assistants D'Esprit Smith and side. In addition to representing criminal (argued), Matt Fogelberg, and Rob Porter* Kevin Garvey (now a law clerk). defendants at the Cour t, Sidley has handled the appeal. F Freddy Chacon, a 34-year old played a significant role in scores of other Sidley filed an amicus brief on behalf of Mexican national, has been incarcerated Supreme Court criminal cases through NACDL in support of the petitioner in J.D.B. in California prisons since he was 14 its briefing and moot court program for v. North Carolina. In this case, a uniformed years old. For the past 12 years, he has public defenders and its participation in the amicus committee of the National Association of Criminal Defense Lawyers Sidley's Supreme Court Clinic at Northwestern University Law School (NACDL). Since 2006, Sidley has sponsored the U.S. Supreme Court Clinic at Northwestern University Law School, which primarily represents indigent criminal defendants. Clinic students draft briefs and identify court of appeals’ decisions as candidates for petitions for a writ of certiorari, all in partnership with the firm’s pro bono program. Carter Phillips, D.C. Managing Partner, and Jeff Green, D.C. Pro Bono Chair, are the Clinic’s directors. Members of Sidley’s Appellate Group who taught in 2011 include Joseph Guerra, Robert Hochman, Constantine Trela and Paul Zidlicky. Washington, D.C.’s Pro Bono Counsel Becky Troth, law clerk Kevin Garvey, and legal assistants D’Esprit Smith and Heath Ingram support the program’s activities. Sidley filed suit in U.S. District Court on behalf of six death-row prisoners from California, Arizona and Tennessee against the U.S. Food and Drug Administration seeking to prohibit the FDA from allowing the importation or use of unapproved sodium thiopental. During the past year, the agency has knowingly permitted unapproved sodium thiopental to be imported by state corrections agencies for use in executions by lethal injection. Oral argument on the cross motions for summary judgment are scheduled for February 2012. Brad Berenson, Coleen Klasmeier, Eric Shumsky, Sean Griffin and Sara Beardsley are handling the case. A client, who had been convicted of second-degree murder for his alleged role in an urban gunfight in which a bystander was killed, prevailed in the DC Court of In 2011, the Clinic filed 19 petitions for a writ of certiorari and nine reply briefs. In addition, Clinic students drafted two briefs on the merits for parties and several briefs as amicus curiae. Appeals. We argued that our client was 12 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Guest speakers provided unique insight into practice in the nation's highest court. In the spring term, Roy McLeese, Acting Deputy Solicitor General, and the Honorable Gary Feinerman of the U.S. District Court spoke with students about Supreme Court advocacy. In the fall, CBS correspondent Jan Crawford and Tony Mauro of The National Law Journal debated the role of the press in covering the Supreme Court. Sidley’s Jeff Green instructs students on effective Supreme Court advocacy in a moot court at the Northwestern University Law School. been held in solitary confinement in the appeal in early 2012, and expects argument Jon Santamauro*, along with Richard Secured Housing Unit at Pelican Bay State in the spring of 2012. Meanwhile, Mr. Menard* and Jeremy Mallory*, drafted the Prison. At the age of 16, while serving a Housler is back home working and enjoying brief. sentence in a California Youth Authority life with his family. facility, Mr. Chacon and a friend hatched Helping Families Protecting Civil and Human Rights a misguided plan to escape, kidnapping the librarian. They never made it outside the gates, crashing a commandeered truck about 150 feet from where they started, and the librarian sustained only minor injuries. For this offense, Mr. Chacon was sentenced to life without parole and transferred at age 17 to Pelican Bay State Prison, one of the State's harshest adult facilities. Last year, the U.S. Supreme Court held in Graham v. Florida that lifewithout-parole sentences for juveniles violate the Eighth Amendment’s ban on cruel and unusual punishment. Sidley filed a petition for habeas relief on Mr. Chacon's behalf and, in June, the court recognized We helped a client obtain custody of Sidley’s clients, the Sikh American her granddaughter and permission to move Legal Defense Fund, the Sikh Coalition with the child to the U.S. Virgin Islands. Our and the Liberty Institute, prevailed in representation spanned seven years and Elijah Group v. City of Leon Valley, in which included multiple meetings with the client, the Fifth Circuit reversed a district court discovery requests, several negotiations ruling and held that the zoning ordinance with the client’s daughter (the child's at issue violated the Equal Terms provision mother), hearings in multiple jurisdictions, of the 2000 Religious Land Use and a trial and post-trial briefs. Aaron Johansen Institutionalized Persons Act (RLUIPA)— and Meghan Berroya handled the case an Act that Sidley helped develop and pass. under Mark Guerrera's supervision. Anand The Fifth Circuit decision is consistent with Das, Peter Pfaffenroth, Marianne Caulfield* Sidley’s amicus brief in which we argued and Kristen Knapp* assisted in this case. that the district court ruling should be The grandmother sent the email reprinted overturned for erroneously applying the below. narrow statutory test. Ed McNicholas and Graham’s applicability to his sentence, ordered it vacated, and directed that he be re-sentenced “consistent with Graham.” The trial court resentenced Mr. Chacon to life with the possibility of parole. Douglas Axel, Christopher Munsey and Jamie Bartlett handled the matter. Legal assistant Thom Berninzoni and staff members Rebecca Allemand, Darlene Giusti and Dan Martinez also worked on the case. The team of Paul Hemmersbaugh, James Owens, Jason Vendel, Mick Flanagan and Bryson Bachman* filed a successful petition for a writ of habeas corpus on behalf of David Housler, a young man who had served 15 years in prison for murders he did not commit. Released in October 2010, the State of Tennessee appealed, and in late 2011, the Sidley team filed a 112-page brief in the Tennessee Court of Criminal Appeals defending the trial court's historic grant of 09/01/2011 We, my granddaughter and I, thank you! pared to my extreme gratitude to your The phrase, “thank you” seems pale com graciously accepted my custody case, as Firm for its unwavering dedication. You the status-quo, through its conclusion, pro-bono, in summer 2004 and maintain ion] quest to save my grandchild, [in my opin July 2011. Your generosity to me, in my ys alwa were case neys assigned to my went way beyond the call of duty. The attor ly-like and at times were my calming fami rs, confident professionals, good characte agents. me were not going my way. Naturally, I beca There were times when I felt like things the to , nsen administered, by Aaron Joha frustrated and impatient. The level of care e mak r once did he or anyone at your Firm success of my case was exemplary. Neve ity case. my granddaughter or me feel like a char . My granddaughter is secure with me… Thanks to you, we accomplished our goal will never have to fight for her childhood She is truly happy! She knows that she ol and be a kid. survival; all she has to do is her best in scho ie, an Delaney Berroya, Mark Guerrera, Jack Thanks again to: Aaron Johansen, Meg ns perso l derfu taries and all the other won those who answer the phones the secre s and present. I pray that your Firm continue who helped to make this possible, past to grow and prosper. From a sincerely grateful grandmother habeas relief. The team finished briefing the Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 13 Other Pro Bono in Sidley's U.S. Offices continued Sidley lawyers partner with the Protecting Housing Rights Los Angeles Center for Law and Justice, We represented an elderly couple who which is located in East Los Angeles and have been tenants of a rent-controlled has provided direct representation and apartment unit for over 35 years. After an education to low-income families for accidental fire in their unit, their landlord’s almost 40 years. In 2011, Sidley lawyers insurance company paid for the property helped three clients obtain restraining damage. The insurance company then sued orders against their abusive partners— the couple for indemnification. The lawsuit clients who had endured years of physical was stressful for the couple, who also faced and mental abuse and lived in constant mounting medical bills because of the fear for their safety and the safety of husband’s deteriorating health. After a few their children. The firm also obtained months of litigation, we were able to secure orders granting our clients custody of the dismissal of the company’s subrogation their children pending further divorce action against the clients. Mike Kelley, Jodi proceedings. The team included Amy Lally, Lopez, Jennifer Lam and Yolanda Ochoa Frank Broccolo, Andrew Dunbar, Cameron worked on the matter. Johnson, Christine Diaz-Herrera, Chris Munsey and Lillian Park. Staff members Sidley helps staff the Landlord Rebecca Allemand, Claudia Espinoza, Tenant Resource Center (LTRC) of the D.C. Mirna Thompson and Lillian Ruiz played Superior Court. Each year, landlords file important roles in the representations. over 40,000 cases in the Landlord Tenant Branch of the D.C. Superior Court, seeking Representing the mother of two daughters, a Sidley team obtained an order from the Superior Court of the District of Note from the clients represented in the insurance dispute over fire damage. Columbia mandating child support payments to our client. The case included conference calls with the Office of the Attorney General of the District of Columbia to encourage service of process upon the father, issuing a s u b p o e n a t o t h e f a t h e r ’s employer to obtain salary information, negotiating an agreement with the father, drafting the agreement and presenting the agreement to the court. In an earlier proceeding, the team secured custody to the mother. Paul Perkins, Eric McArthur and Danielle Carter as well as Susan Lagana* handled the case under Sam Gutter’s supervision. 14 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report summary evictions of tenants. Over 99% of tenants and nearly 14% of landlords proceed pro se through the court. The Bar launched the LTRC in 2004 to improve due process and access to justice in Landlord Tenant Court. Sidley has been staffing the LTRC every fourth Thursday. Georgia Albert, Jill Caiazzo, Marinn Carlson, Hanna Chouest, Kyle Fiet, Ronald Flagg, Ben Friedlander, Mark Guerrera, Jim Hughes*, Kurt Jacobs, Erica Jackson, Paul Perkins, Lauren Roth, Amber Tofilon, Becky Troth, Lawrence Walders and Nick Wimbush and legal assistants D’Esprit Smith, Adam Hartmann and Heath Ingram all staffed the LTRC in 2011. Sam and Becky: "Thank you" letter from the Legal Counsel for the Elderly for representing the J.W. King Tenants' Association. Hanna Chouest and Adam Rusnak handled the matter, supervised by Sam Boxerman. Helping People with Disabilities Through the D.C. Bar Advocacy and Justice Clinic, Sidley has represented scores of clients in appealing denials of disability benefits. In 2011, Sidley's clients were successful in the following disability benefits cases that the Clinic referred to the firm: I wanted to take a mo ment to thank you bo th for lending the wo Hanna and Adam to nderful resources of the JW King case. Th e 74 -unit building had ser I first met with the ten ious defects when ants. The roof was lea king into individual fireproofed, the carpe units, the stairwells ting lifted and beca not me a tripping hazard, access the side entra and tenants could on nce of the building. ly Thanks to the assistan ce of your firm, the ten ants filed a HUD comp Conditions Court co laint and Housing mplaint, which are res olv ing the building issue case involves a lot of s significantly. This court time, which Ha nna and Adam devo work reflects well on ted zealously. Their Sidley and has made a tremendous differen seniors. Thank you ag ce in the lives of ma ain. ny Sincerely, Jennifer L. Berger Supervisory Legal Aid Attorney AARP/Legal Counsel for the Elderly We successfully represented a client before a Social Security Administration Sidley successfully appealed an SSA (SSA) administrative law judge (ALJ). In decision denying disability benefits. The We obtained full benefits for a man her fully favorable decision, the ALJ cited woman had a history of mental illness and seeking reconsideration of the SSA’s our client's “host of impairments with a longstanding back problems stemming denial of disability benefits. The client is psychological bent” and held that “it would from scoliosis, but had nonetheless worked HIV positive and was recently diagnosed be impossible for the claimant to sustain until suffering a permanently damaging with full blown AIDS. He has experienced competitive employment.” The team ankle fracture. The team gathered the painful side effects from his medication, handling the case included Mark Langdon, client's medical records and submitted and has numerous AIDS-related health Patrick O’Keefe, Sara Beardsley, Staff a detailed letter brief explaining her problems preventing him from sitting for Attorney Heather Irwin and legal assistant condition. After a hearing, the ALJ issued more than 15 minutes or even leaving his Beryl Dennis. a favorable opinion providing back benefits home. After submitting a detailed letter of approximately $7,000 and disability brief and medical documentation, the benefits going forward. Ron Flagg, J High SSA awarded our client full benefits. Ron (argued) and Brian Fox handled the appeal, Flagg, Kimberly Myers and Susan Lagana* supported by legal assistant Amy Johnson. handled the matter. Sidley resolved a disabled veteran's lengthy dispute with the SSA over the agency’s demands for repayment of an alleged overpayment. In a series of errorridden decisions, the agency contended Sidley obtained a fully favorable In addition to a back injury incurred that it had overpaid benefits to our resolution for a man in his lengthy legal in a work accident in 2009, Sidley's client client and sought repayment of close to fight with the SSA over disability benefits. suffered from HIV/AIDS, severe depression $10,000. Sidley submitted multiple letters, The man suffered from a number of chronic and hepatitis C. The SSA, however, had reconsideration requests, and waiver and degenerative diseases but the agency found that he was not disabled. After requests, met with the agency staff a denied benefits because he had not requesting an ALJ hearing and submitting number of times, and called the agency provided sufficient medical documentation extensive medical documentation, the SSA repeatedly. Eventually, we were able to to show that he was unable to work. After issued a fully favorable “on the record” elevate the issue and negotiate a complete we submitted a detailed letter brief and determination, finding our client disabled waiver of the amount allegedly owed. In thorough medical documentation and since August 2010 and providing disability addition, Sidley convinced the agency to participated in an administrative hearing, benefits going forward. David Hill, Katie refund to our client money that the agency the ALJ's decision provided nearly two Durick and Rina Mady handled the appeal, had withheld from his benefits as part of years of back benefits and disability supported by legal assistant D’Esprit its effort to collect. The team included Juge benefits going forward. Paul Kalb and Joel Smith. Gregg, Peter Keisler, Stephen Blank and Visser handled the appeal, supported by Rochelle Fink.* legal assistant Adam Hartmann. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 15 Other Pro Bono in Sidley's U.S. Offices continued Supporting the Community and Nonprofit Organizations Sidley filed a lawsuit on behalf of Sidley represented the Evanston Park Slope United Methodist Church, a Community Media Center in lease negotia- Alan Jakimo, Martin Gold, Ran Goel congregation in Brooklyn, for breach of an tions for its new broadcast and office space and Benson Cohen have been negotiating agreement to purchase commercial kitchen with the City of Evanston. David Siegel state-of-the-art agreements on behalf of equipment to renovate the kitchen of the handled this matter for the Center. Seedco, a not for profit that helps people Church’s community center. The kitchen find jobs and other economic opportunities facility was used to support the Church’s in connection with a pilot project to launch after-service social hours, Sunday school, “social impact bonds” in the United States. youth group programs and other meetings. The pilot project would allow philanthropic When the defendant contractor failed to and other investors to fund innovative deliver the equipment but kept the 50% social service programs designed to deposit, despite numerous requests for generate costs savings for municipalities a refund over several years, the Church or other public agencies. The project hired another contractor to complete the would finance programs to address renovation. Sidley lawyers John Lavelle, criminal justice recidivism, post-foster David Bacon, Kristen Caccavo*, Gabriel care case management, public assistance Bedoya, and summer associates Lucas recidivism, de-institutionalization and/or Test and Oliver Liao obtained a favorable homelessness prevention. Costs savings settlement of the matter soon after filing generated by the social service programs suit against the original contractor. will be shared by the municipal agencies and investors. As its first item of business at its first meeting, the Board of Directors of Digital Sidley represented the Frank Lloyd Promise thanked Sidley—and Mike Clark Wright Preservation Trust throughout in particular— for our pro bono work in 2011 on a number of pro bono matters, forming the nonprofit and obtaining tax- including real estate leasing transactions exempt status for the organization in record and contract negotiations for the Trust’s time. An independent 501(c)(3), Digital properties and operations relating to their Promise is a national research center that headquarters in the Rookery Building in focuses on developing new technologies for Chicago, their warehouse/distribution teaching and learning in the public schools. center in suburban Chicago, the Frank The establishment of the center, created Lloyd Wright Home and Studio in Oak Park, with bipartisan Congressional support, and the Robie House in Hyde Park. John is the culmination of a ten-year effort by Rafkin and Anna Mommsen represent the public television pioneers Newt Minow Trust. and Lawrence Grossman. The meeting on September 16 was in the White House, where Digital Promise was launched. Michael Greenblatt and Mary Kate Johnson, supervised by Sam Gandhi, represented the nonprofit Association for Hispanic Arts, Inc. (AHA) in a simplified non-judicial dissolution. Working closely with the Secretary of AHA and the Charities Bureau of the New York Attorney General, they drafted the required dissolution documents and filed the executed versions of those documents with the New York State Attorney General, the Tax Department and the Department of State. AHA was incorporated in 1975 to encourage the study of Hispanic arts. Sidley helped with the formation of Hope In Loss, Inc. as a not-for-profit organization. Founded to provide support and assistance to parents who have suffered the loss of a child late in pregnancy or soon after birth by a couple in Brooklyn who had experienced such losses themselves, the mission of Hope In Loss is to create a safe, website-based community where such parents, family and friends can share comfort, emotional support, and information about the process of grieving, recovering and coping with their loss. Sidley lawyers and staff, including Marianne Bellucci, Anne Falvey, Patti Wu, Alan Jakimo, Stephanie McLeod, Shira Selengut and John Lavelle prepared, filed, and amended the charter, drafted bylaws and provided advice on general organizational matters, online user agreements and not-for-profit tax filings and applications. 16 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Sidley regularly provides licensing, A group of 16 Sidley lawyers and staff board and chairs the clinic), Christine trademark, domain name and copyright joined with professionals from KPMG’s Kailus, Jed Rosenkrantz, Lindsey Smith, advice to multiple nonprofit organizations. Chicago Audit and Forensic practices to Julie Klaff, Julie Weber, Jennifer Foster, Julia Chester represents the Global Fund, serve a holiday meal at a soup kitchen in a Whitney Cox, Annie Wallis, Reena Jashnani, Plan!t Now, Shape Up America!, Small church basement in Chicago’s Humboldt Raina Patel, Praju Tuladhar, Patrick Croke, Press Expo, World Health Imaging, Citizens Park neighborhood. The Sidley and KPMG Gerald Angst, Frank Favia and Priscilla United in Research for Epilepsy and Jewish volunteers served more than 150 men Ryan. Family Services of Los Angeles. Charles and women, many of whom are home- Cotropia handles trademark registrations, less. The event was organized by Chicago clearance and advice for the Resolution partner John Levi and KPMG partner Project, the Spina Bifida Foundation of Amanda Rigby. Other Sidley participants America, the Abraham Lincoln Presidential included Steve Catlett, Linton Childs, Jason Library Foundation, PROMIS Health Englund, Ericka Foster, Alicia Griffeth, Erik Organization and the International Anti- Ives, Melissa Kearney, Colleen Kenney, Corruption Resource Center. Dusan Clark Nancy Kevin, Rachel Margolis, John Skakun, provides licensing, trademark, domain Hille Sheppard, David Siegel, Megan Walsh name, and copyright advice to Girl Scouts and Mary Weber. of Greater Chicago and NW Indiana, the National Center for Missing and Exploited Children, Abraham Low Self Help Systems, Pathways Center, Exploratorium, Civic Committee, Hoop Stars, Inc. and Soaring Eagle Academy. Nancy Kevin (Sidley financial controller), Mike Romano (a regular volunteer at the food pantry), and Alicia Griffeth (Sidley Accounting Department) and a KPMG volunteer serving a holiday meal at a Chicago soup kitchen. Sidley has a growing relationship with the Justice Resource Center (JRC), a nonprofit group focused on the administration of law-related and civic education programs for school-age youth. Since 2002, Sidley has participated in JRC's MENTOR program, its premier collaboration between the legal profession and the school-age population. We are paired with the High School for Leadership Sidley continues to run the free legal and Public Service in Manhattan, clinic established in 2010 through Chicago exposing the students to the practice and Volunteer Legal Services (CVLS), Chicago's study of law. Working with the school’s oldest free legal services provider. The clinic teachers and administrators, Sidley operates once a month and volunteers has provided mentors and coaches to typically spend about one to two hours students participating in annual New meeting with clinic visitors about a wide York Moot Court and Mock Trial statewide variety of legal issues. Sidley takes on some competitions. We also arrange for the of the clinic visitors as pro bono clients students to visit a federal court visit twice and refers others back to CVLS’s “panel” a year to observe a court proceeding, volunteer network. Sidley clinic volunteers participate in a Q&A with the judge and include Kevin Fee (who is on the CVLS tour the courtroom and judge’s chambers. We also arranged summer internships in our library and records department. Several of the students we mentor have moved on to college and hope to go to law school. María Meléndez, James O’Connor, Karim Aoun, Gabriel Bedoya, Joseph Doyle, Luke Frankson, Matthew Hughey, Brogiin Keeton, Trevor Rozier-Byrd, DeNae Thomas and Patrick Troy served as coaches in 2011. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 17 Other Pro Bono in Sidley's U.S. Offices continued Sidley recognized Pro Bono Week by participating with more than 90 other Washington, D.C.-based firms, nonprofits, law schools and corporations in "Going Casual for Justice." The event, organized by the DC Bar Foundation, benefitted the Foundation's Loan Repayment Assistance Program (LRAP). LRAP helps D.C. poverty lawyers pay their educational debts while earning a public interest salary, essentially increasing the compensation of the attorneys serving our most vulnerable residents. Individuals who contributed $5 could wear jeans on a Friday and for an extra $5, could wear sneakers as well. To The Washington, D.C. office’s “Spectacular Six (Minus One)”: Mark Hopson, Paul Moates, George Jones, Alan Raul and Carter Phillips; Ron Flagg was unavailable for the photo. inspire participation, six senior partners (a.k.a. "The Spectacular Six") agreed to wear Sidley’s New York office hosted its In July, the Washington, D.C. office jeans if the office raised at least $7000. The first Sidley Service Day with New York held its Fifth Annual Service Week. office actually raised more than $8000, and Cares, a premier nonprofit organization A number of Sidley lawyers, summer the Spectacular Six (minus Ron Flagg, who that each year mobilizes more than 53,000 associates and staff participated in a variety was out of town) donned denim for the volunteers to support more than 1200 of volunteer activities during the week, occasion. In a story on Go Casual for Justice, nonprofit agencies, public schools and including serving dinner to 200 homeless the on-line publication Bisnow featured a other organizations that provide services to men, women and children at a local soup picture of the Sidley partners in jeans. nearly 400,000 disadvantaged individuals kitchen, donating 17 pints of blood to the in the New York metropolitan area. More sick and injured, creating birthday cards than 50 Sidley lawyers and summer for more than 100 children on behalf of associates volunteered to help revitalize the Children’s Law Center, making more a New York City public school during this than 150 sandwiches for distribution by The New York Committee on Retention and Promotion of Women hosted its first women alumnae reception and partnered with Dress for Success, a nonprofit organization that provides professional clothing, career counseling and skills training to disadvantaged women. Dress for Success representatives provided information on a wide range of volunteer opportunities available throughout New York. The reception also launched the New day-long event. The day’s projects included painting a mural in one of the school’s main hallways as well as strengthening the school’s library by cataloging and then filling it with over 450 donated volumes obtained from a book drive that the office conducted before the event. York office’s weeklong Dress for Success clothing drive where more than 250 articles of clothing were donated. New York Office's first Sidley Service Day with New York Cares. Sidley summer associates Sara Reichstein, Rebecca Levenson, Sidley associate Mary Kate Johnson and partner Miki Navazio paint a school mural. 18 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report lped th Thomson has he The partnership wi and fun od go a s up front in children see lawyer ught tho she ren told me way. One of the child hy.’ rap og ge t court stuff, no ‘lawyers only knew ow kn to nd mi g t one youn So, for expanding jus ain ag u yo k an d priceless. Th that, was funny an make s and giving time to kid the g for preparin ry. nta son Eleme a difference at Thom Excerpt from a letter from a parent of one of the GeoPlunge students. the Salvation Army, and donating more than $8000 and essential toiletries to a local homeless outreach center. The week also featured a luncheon at which Rob Falk, General Counsel of the Human Rights Campaign, described HRC's work, its need for pro bono help and available pro bono opportunities. In conjunction with New York Cares, Sidley’s New York Committee on Retention and Promotion of Women held its 2011 Women & Leadership event to benefit the Partnership for Inner-City Education. Volunteers made 500 creativity kits to help students prepare for school and provide them with tools to express their creativity. Corporate Responsibility Manager Stacy Rotner organized the event, working with Laurie Kleiman, the firmwide Co-Chair of the Committee on Retention and Promotion of Women, and Laura Barzilai, the New York Co-Chair of the Committee. The 2011 GeoPlunge Team sponsored by Sidley, with legal assistants Heath Ingram and D'Esprit Smith. For over 15 years, Sidley has partnered with Thomson Elementary School through the D.C. Public School Partnership Project. The partnership project is directed by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. In November, Sidley coached two teams of fifth graders from Thomson in the annual GeoPlunge Tournament. GeoPlunge is a multi-award winning geography game for children. Seventy-eight schools and over Sidley donated over 200 gifts for 230 students participated in this year’s underserved children as part of New York tournament, held at the National Portrait Cares' annual Winter Wishes “Dear Santa” Gallery. Both of Sidley’s teams competed program. Sidley personnel in New York in the championship round, with one team also donated more than 60 coats to New finishing in the top 25. York Cares’ 23rd Annual Coat Drive, which provides thousands of warm winter coats to those in need. Stacy Rotner organized both initiatives. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 19 Other Pro Bono in Sidley's U.S. Offices continued Sidley personnel serve as reading partners and mentors to public school students at Ross Elementary through the Power Lunch program run by Everybody Wins! DC. The Power Lunch program pairs one adult with one student for the school year. Our participants visit the school one day a week during lunch to share books and the love of reading with the students. Currently Andy Shoyer, John Hughes, Larry Walders, Kathryn Roberts, Lindsay Solie, Rachel Givens, Sherrice Flowers and Dick Belanger read in the Power Lunch program. Dick Belanger also has been on the Board of Everybody Wins! DC for a number of years, serving at different times as its Chairperson and General Counsel. The Washington, D.C. office happily sponsored families through the Salvation Army Angel Tree Program during the holiday season. For the second year in a row, we participated in the Salvation Army’s Angel Tree Program, which provides gifts of new clothing, shoes and toys for children 12 and under from needy families. At the Angel Tree Adoption Party, Sidley employees selected angel tags with the child’s name, age, gender, clothing and shoe size, along with a three-item wish list. Volunteers ensured that all the gifts were packed and organized. As a result of Sidley employees’ generosity and volunteer efforts, all 236 "Angels" received gifts during the holiday season. All of the gifts were displayed in Sidley’s Chicago office celebrated Chicago’s Seventh Annual Pro Bono Week in October, recognizing the pro bono efforts of lawyers and educating the public and the legal community about how lawyers are improving people’s lives through their efforts. During the week, Sidley’s Constantine Trela, who has been active in pro bono legal service throughout his career and who serves on the Advisory Board of the Chicago Volunteer Legal Services Foundation, was recognized by the Foundation for his work with one of his first pro bono clients, of whom he said: “ I met Irene more than 20 years ago, when she needed help with a neighborhood dispute. Since then, we’ve dealt with everything from pension issues, to health insurance, to simply explaining that official-looking letters are really only junk mail. Much of what I do for her isn’t legal work, but rather the sort of thing a family member would normally do for an elderly relative. I’m glad that I can fill, ” even if only partially, that role for someone. one of our large conference rooms before the Salvation Army picked them up for distribution on December 16th. 20 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Pro Bono From A Global Perspective I n recent year s, Sidley ’s domestic Working with microfinance institutions publication on which Alyssa, Ran Goel and a nd foreig n of f ic e s have b e c ome throughout the world, ACCION and its Francesca Mead, all in our New York office, increasingly involved in pro bono efforts partners provide individuals the ability also worked on a pro bono basis. on an international level. to become self sufficient through various 2011 Highlights forms of microenterprise ventures, such •A major six-year pro bono effort involving Sidley came to a successful conclusion in March with the release of human rights activist and Nobel Peace Prize nominee Óscar Elías Biscet from a Cuban prison, where he was serving a 25-year sentence on trumped-up charges stemming from his non-violent promotion of democracy. Andy Strenio and Lauren Buckley* led the firm's efforts which, in collaboration with the efforts of lawyers at another international firm, were instrumental in obtaining Dr. Biscet’s release. The matter generated significant global media coverage, including an article in the March 23 issue of The National Law Journal. as selling vegetables, sewing clothes or making papads. In early 2011, Alyssa Grikscheit and Gladys Chang advised ACCION and the Michael and Susan Dell Foundation on various agreements in connection with an investment in Vindhya e-Infomedia Private Ltd., a company in Bangalore, India, that employs people with disabilities and provides data management and processing services to information technology and microfinance clients. Alyssa Grikscheit and Michael Greenblatt also represented ACCION International in connection with the c o m p a n y ’s i n v e s t m e n t i n s h a r e s o f Swadhaar Finserve Private Limited, a nonbanking financial corporation in Mumbai, India. Swadhaar is a unique •After President Mubarak relinquished institution that provides microfinance power, the Egyptian American Rule of services in urban areas, while most other Law Association (EARLA) asked Sidley Indian microfinance institutions target to help it incorporate in D.C. and register poverty-stricken rural areas. Francesca as a 501(c)(3) organization. EARLA was Mead provided additional support to formed to provide technical legal support, ACCION projects in India. research and analysis, training and •Alyssa Grikscheit moderated a panel strategic advice to its Egyptian partners as they form a new government. John Hughes, Kris Kirkwood and Kerry Lee, all in our Washington, D.C. office, worked on the matter. •T h e firm represents Stitching to Promote Women’s World Banking (WWB), a global non-profit based in New York that supports women-focused microfinance institutions around the world in a number of corporate transactional matters, including its recent investment in one of its network members, Fundación WWB, at the time of its transformation from a nonprofit organization to a licensed bank in Colombia. Alyssa Grikscheit leads this representation, with help from Jaime Senior, Eileen Plaza, Jonathan Brose, Sara D’Agostini, Chiu-Huey Hsia, Aamir Wyne, Stephanie Busse* and Ina M. Drago Ludowieg*. at the Responsible Investment Forum 2011, an event presented by Private Equity International and the United Nations Principles for Responsible Investment (UN PRI). Alyssa’s panel addressed private equity investment in emerging markets, including environmental, social and •S i d l e y l a w y e r s i n N e w Yo r k h a v e done several projects with ACCION International, a nonprofit organization that helps impoverished individuals by providing microenterprise loans, business training and other financial services. corporate governance issues and political, regulatory and reputational risks related to such investments. The Forum took place in connection with the launch of the second edition of Responsible Investment in Private Equity: A Guide for Limited Partners, a UN PRI Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 21 Pro Bono From A Global Perspective continued London office grants or donations to charities in the •Michael Constantine and Jade Williams- United Kingdom working to prevent or Adedeji of our London office advised the Federation of City Farms and Community Gardens (FCFCG) on the charity’s lease of premises. FCFCG is a charity that supports, represents and promotes communitymanaged farms, gardens, allotments and other green spaces. After months of negotiation, a deed of variation to the existing lease was entered into between the parties in October, thereby securing the charity’s long-term future at its current relieve poverty, and to help young people by providing support and activities that develop their skills, capacities and capabilities to enable them to participate in society as responsible individuals. Kids 4 Change currently is involved in a soccer initiative designed for young people in West London to use soccer as a way to avoid gang membership and crime. The Commission granted Kids for Change's application in August. premises. •Bethany Burrow and Christopher Allen •The advised Hawkesbury After School Club, a Community Youth Provisions Association (CYPA) provides a variety of educational services to the community and currently focuses on providing tuition to young people excluded from mainstream education in Math, English, I . T. a n d S c i e n c e . T h e C Y PA t a r g e t s its services at black minority ethnic individuals. Mark Menhennet and Michael Constantine have been advising the CYPA in its ongoing dispute with its landlord, Southwark Council, for the past two years. During such time, and with the assistance of counsel whom Sidley assisted in instructing, also on a pro bono basis, not-for-profit unincorporated association, in connection with the incorporation of have cerebral palsy or other motor and sensory impairments and their families through classes, activities and advice in a supportive environment. a company limited by guarantee, on the •Mark Menhennet continues to advise transfer of its assets and liabilities to the the Cheshunt Unit of the Sea Cadets, a newly incorporated company and on the charitable organization focusing on 13-to- registration of the newly-incorporated 18 year boys and girls, in connection with company as a charity with the Charity new premises for their activities. The local Commission for England and Wales. authority has agreed to grant a lease of Hawkesbury After School Club provides land on which it proposes to construct a facilities for the daily care, recreation and new building and parking area. education of children during non-school hours and school holidays. Hawkesbury After School Club was registered as a charity in September 2011. •Programme for Arts, Therapy and Health (PATH) is a London-based charity working with disadvantaged individuals and excluded groups in mental and the CYPA has successfully defended the •Small Steps, School for Parents (a emotional distress. PATH found itself in Council’s initial claim for possession of registered charity) is an unincorporated financial difficulties and unable to pay a the premises. We are currently advising association looking to incorporate as a commercial creditor. The creditor initiated the charity in its defense of the Council's company limited by guarantee. Elizabeth proceedings using the UK courts "money second claim for possession, following the Uwaifo, Bethany Burrow and Christopher claims" process. Steven Pitt, Christian issuance of proceedings earlier this year. Allen are advising on the incorporation, Lau and Max Dannheisser advised on •Sidley's Howard Waterman, Bethany the transfer of Small Steps, School for defending the claim and on attempts to Parents' assets and liabilities to a newly reach a commercial settlement in April incorporated company and the registration 2011. Burrow and Christopher Allen advised Kids 4 Change Limited in connection with its application for registration as a charity with the Charity Commission for England and Wales. Kids 4 Change seeks to prevent or relieve poverty by providing of that newly incorporated company as a charity with the Charity Commission for England and Wales. Small Steps, School for Parents serves children who 22 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report •XSE Academy Limited is a charity that provides various opportunities to youth groups in Tower Hamlets, mainly in the 11-to-19 year old age group. The Running for Families organization focuses on media training On May 29, Sidley joined 30 other international law firms in Brussels for the 7th projects but also provides recording studio Legal Run. Setting a new record, the 2011 Legal Run raised €20,000 for Nasci, a time, technical training, mentoring and an Brussels-based charity dedicated to helping pregnant women, single mothers and online radio station. Jade Williams-Adedeji families facing particularly difficult living conditions, who do not have the means to is advising the group on the occupation of satisfy the basic day-to-day needs of their family. Nasci offers professional support their current premises and their associated to its clients and ensures that its aid is of high quality and easily accessible. The rights, together with assisting the dialogue Sidley participants in the race included Marc Appels, Carolina Däcko*, Maarten between the client and the Local Authority Meulenbelt, Kristina Nordlander, Hazel Pearson*, Emmanuel Saurat and Jessica (their landlord). Jade has been carrying out Walch. this work since April 2011 and advises the client on an ongoing basis. area has significantly decreased over the cross-party Brussels-Strasbourg Seat •Peaceful Solutions Limited runs the the past few years. The charity holds its Study Group in relation to the defense of Centre for Peaceful Solutions, which premises under a license from West Sussex Cases C-237 and 238/11 France v. Parliament. provides mediation services to various County Council (WSCC). The charity When the seat of the European Parliament clients, including families affected understood that their license agreement was fixed in Brussels, Luxembourg and by divorce and separation, community gave them the right to let out any part of Strasbourg (France), it was also agreed organizations and organizations in the the premises to other groups, with rent that the Parliament would hold at least public sector. Throughout September and payable to them, and that WSCC could twelve plenary sessions in Strasbourg. Last October, Jade Williams-Adedeji provided only do this in consultation with them. March, the Parliament voted a resolution advice to the Centre on new leasehold WSCC then let out part of the premises to to hold two of its plenary sessions within premises, negotiating the form of lease, another organization and has not passed the same week in October in order to completion thereof and post-completion on any rent payments to 39 Youth Club. limit the time spent in Strasbourg. France requirements. Mark Menhennet, Gurminder Sanghera challenged this resolution before the •Clarity provides services for people and Frances Macduff undertook a European Courts against the Parliament. document review and drafted a letter of The Brussels-Strasbourg Seat Study advice for 39 Youth Club. Group, which consists of Members of the Clarity aims to reduce social isolation and Brussels and Geneva Offices European Parliament, has sought our enable people to improve their confidence •B u i l d i n g and self esteem, as well as learn new skills. TransFarm Africa initiative, Brussels Mark Menhennet, Gurminder Sanghera associate Jung-ui Sul and Geneva partner and Frances Macduff reviewed and Scott Andersen have continued to •Sidley is establishing a firm project to negotiated a new lease for Clarity between advise on trade and regulatory issues for assist the International Commission on November 2010 and July 2011. supplying seed to smallholder farmers Jurists, a prominent Geneva-based rule of •3 9 Yo u t h C l u b p r o v i d e s v a r i o u s in Tanzania. This work will result in high- law/human rights NGO, and other human constructive, social and educational yielding seed potato varieties being rights organizations on a pro bono basis. activities for young people in an area of available to farmers in Tanzania in the early Sidley plans to provide assistance on high social deprivation. The club works part of 2012. Based on this experience, projects (e.g., authoring amicus briefs in extensively with the police to create Sidley is developing a firmwide program human rights cases), assisted by students targeted projects that focus on less for trade, investment and finance-related in the Masters in International Dispute affluent sections of the surrounding area. legal assistance in Africa. Settlement programme at the University of As a result of the project, youth-related •Since June, Stephen Kinsella, Yohan crime and antisocial behavior within the Benizri and Jessica Walch have advised suffering from mental health problems. By providing social and meaningful activities, legal and practical advice to support the on the project with the Parliament’s resolution on the basis of efficiency and sustainability arguments. Geneva. Brooks Allen is spearheading the initiative and David Roney is supervising. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 23 Pro Bono Honors and Events New York lawyers Algeria Aljure, The chief judges of the District of Marissa Alter-Nelson and Jon Muenz Columbia federal courts honored Sidley’s received inMotion’s 2011 Commitment Washington, D.C. office at the “40 at 50” to Justice Award for their exceptional Judicial Pro Bono Recognition Breakfast. advocacy on behalf of a mother of four Established by the DC Circuit Judicial from Chad who was the victim of severe Conference Standing Committee on physical abuse, rape and beating during Pro Bono Legal Services, the “40 at 50” pregnancy at the hands of her husband. breakfast recognizes law firms reporting The challenges faced by this team in the that at least 40% of their lawyers devoted divorce action were many: a client who 50 or more hours to pro bono work in the was illiterate and spoke only a rare African previous year. Ron Flagg, Jeff Green and dialect, a trial to establish the validity of Becky Troth represented Sidley at the their client’s marriage in Chad that the event, which was hosted by Judges Merrick husband disputed, and discovering the B. Garland of the U.S. Court of Appeals husband’s true income for purposes of and Royce C. Lamberth of the U.S. District child support. The Sidley team prevailed Court. on all counts, in addition to persuading the court to find egregious fault based on the domestic violence suffered by the client, resulting in the award of 100% of the marital assets to the client. She and her children can now live in safety and begin a new life with greater financial security. John Levi was honored as the first recipient of the Abner and Zoe Mikva Corporate Citizenship award at the Mikva Challenge Spring Benefit in April. Mikva Challenge, an organization that promotes the development of civic leadership in underserved Chicago high school youth, is inaugurating the Civic Leadership awards to honor civic and political leaders who dedicated their lives. The organization was founded as a tribute to former White House Counsel, Judge and U.S. Congressman Abner Mikva and his wife Zoe, a lifelong education activist. In 2010, Mr. Levi was named Board Chairman of the Legal Services Corporation, which makes annual grants of approximately $400 million and is the single largest funder of civil legal assistance to low-income Americans. John has been instrumental in many of Sidley’s pro bono programs, including its corporate partnership with Gerald Delgado Kanoon Magnet Elementary School, the longest corporate partnership for any Chicago public school. At its Centennial Anniversary celebration, the Infant Welfare Society of Chicago awarded Sidley the organization’s Angel Award for Sidley’s continuing commitment to healthcare for women and children. Sidley received the award together with Abbott Laboratories. Mike Davis serves on the Board of Directors of the Infant Welfare Society. exemplify the kind of commitment to public Shelter House, the largest home- service to which Abner and Zoe Mikva less shelter in Northern Virginia, selected Sidley to receive its 30th Anniversary Champion Award in May in appreciation of Sidley's "high level of service and commitment to preventing and ending homelessness and to those fleeing domestic violence." Sidley has represented Shelter House for about ten years. Julie Allen, Rachel Margolis and Griff Green were the primary lawyers representing Sidley’s Michael Davis with John Wilhelm, Executive Director and Kate Boege, President of the Board of Directors, of Infant Welfare Society at the Angel Award ceremony. 24 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Shelter House. The Board of Directors and staff of Chicago's Public Interest Law Initiative (PILI) named Sidley to its inaugural PILI Pro Bono Recognition Roster. The June event highlighted law firms' achievements at PILI’s Annual Pro Bono Reception: Celebrating Pro Bono. Sidley received a certificate commemorating its efforts and PILI thanked Sidley "for the fantastic work you are doing." Sidley received a Defender of Freedom Award from the Foundation for Criminal Justice in recognition of the firm’s pro bono work representing the criminal defense bar before the U.S. Supreme Court. The Foundation seeks to preserve and pro Robert Pietrzak received a Pro Bono Publico Award for his service to the board of the Legal Aid Society at its annual pro bono awards ceremony. Pictured above are, left to right, Fin Fogg, President of the Legal Aid Society; Robert Pietrzak; Chief Judge Jonathan Lippman of the NY Court of Appeals; and Richard J. Davis, Chairman of the Society. mote the core values of the National Association of Criminal Defense Lawyers and the American criminal justice system. Jeff Green accepted the award on behalf of the firm. In his capacity as Board Chairman At its annual event, the Family Defense Center (FDC) recognized Sidley for our pro bono efforts on behalf of FDC clients. The award cites Sidley for “Excellence and Abiding Commitment to Justice.” Erin Kelly and Julie Weber accepted a plaque from FDC on behalf of the firm. FDC's mission is to advocate justice for families in the child welfare system. of the U.S. Legal Services Corporation (LSC), John Levi launched the LSC Pro Bono Task Force at Harvard Law School, which will recommend to the Board innovative ways to promote and enhance pro bono initiatives throughout the U.S. to address the growing unmet civil legal needs of low-income Americans. John, Ron Flagg, Chris Campbell* and many other Sidley’s Richard O’Malley at PILI’s 2011 Annual Pro Bono Reception. distinguished lawyers, including state and federal judges and law school deans, are Sidley’s team awarded “Excellence and Abiding Commitment to Justice” by the Family Defense Center. Front (l-r): Susan Brehm, Joseph Dosch, Maria Post, John Levi, Julie Weber, Ben Frey Back (l-r): Kees Vandenberg, Richard O’Malley, Erin Kelly, Gerald Angst, Brett Myrick members of the Task Force. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 25 Ron Flagg spoke about corporate pro bono as part of a panel at the Fall Meeting of the Association of General Counsel in Washington, D.C. Ron described Sidley’s work on immigration matters with Exelon’s law department and on Alabama capital punishment cases with the Exelon and Aon law departments. Ron also described pro bono opportunities for corporate law departments with the National Veterans Legal Services Program, whose board he chairs. The panel included Michael J. Holston, General Counsel, HewlettPackard, and Esther Lardent, CEO, the Pro Bono Institute. Attending the meeting were the chief legal officers of over 50 companies, including General Electric, Goldman Sachs, Johnson & Johnson, J P M o r g a n C h a s e , M o r g a n S t a n l e y, Raytheon and Wal-Mart. Sidley’s work on behalf of the Chesapeake Legal Alliance was featured prominently in an article published by The Capital newspaper in December. The Alliance is a nonprofit organization Gina DelChiaro*, is the new Leon Levy that seeks to improve the health of Fellow at Human Rights First. In this role, the Chesapeake Bay by connecting Gina will be working with Human Rights environmental groups with pro bono First to increase pro bono representation of legal practices in the area. As a result of asylum-seekers in New York. She success- an Alliance connection, a Sidley team is fully represented several asylum seekers representing the Potomac Riverkeeper and during her time at Sidley and the firm looks West Virginia citizens concerned about the forward to working with her in 2012. opening of a quarry near Gerrardstown. The article noted that Sidley has already The Legal Assistance Foundation of Chicago awarded Richard O'Malley, Chair of the Chicago Pro Bono Committee, the “Champion of Justice” award at its annual benefit for his career-long commitment to pro bono, including his recent success in the Cabrini Green Fair Housing Act appeared before two administrative boards and persuaded the quarry owners to make concessions. David Buente, Sam Boxerman, Tom Echikson, Juge Gregg, Monica Groat, Joel Visser, Jason James, Jim Wedeking and legal assistant Duan Pryor all worked on the matter. litigation against the Chicago Housing Authority. 26 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Sidley’s Richard O’Malley and Newton Minow at the Legal Assistance Foundation of Metropolitan Chicago Annual Luncheon. Sidley Honors Its Own THOMAS H. MORSCH AWARDS Each year Sidley’s Chicago Pro Bono Committee hosts its Pro Bono Reception to recognize Sidley lawyers who have worked on pro bono matters during the past year. The ceremony includes local pro bono legal service agencies and organizations with whom the firm has enjoyed a strong relationship over the years, allowing us to introduce lawyers who are interested in pro bono work to opportunities that are available from the organizations. Sidley's Thomas H. Morsch Award is presented to the Chicago associates who exemplify the spirit and principles of pro bono service that Tom Morsch had demonstrated by his own work and leadership for many years. The Thomas H. Morsch award includes a $1,000 firm contribution that the recipients can designate to a Chicago pro bono agency of their choice. The Honorable James R. Epstein, Appellate Judge, Illinois First District Court, 5th Division, graciously accepted our invitation to serve as the guest speaker for this year's ceremony. The recipients of the 2010 Thomas H. Morsch Award were Ben Keith and Thomas Heisler. Partner Mel Washburn presented the award to Ben and Tom for their remarkable victory for Enka, a Mongolian client seeking asylum on the ground that she feared that her husband, who remains in Mongolia, would physically and sexually abuse her if she were forced to return and that the Mel Washburn with Thomas H. Morsch Award recipients Ben Keith and Thomas Heisler. government would not protect her from such abuse. Ben and Tom faced logistical challenges, including trying to find a Mongolian translator, as well as many substantive hurdles. Enka needed to claim that she would be persecuted on the basis of her membership in a “particular social group,” a term not defined in any statute or regulation. Women applying for asylum based on their fear of domestic violence almost never succeed in proving that the abuse is motivated by their membership in a legally cognizable “social group.” Ben and Tom persevered and Enka received asylum in September 2010. Kelly Huggins (center), Sidley’s Project Manager for the Capital Litigation and Political Asylum and Immigrants’ Rights Projects, with Latonia Keith* (left) and partner Jaime Jones (right) at the Chicago Pro Bono Awards reception. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 27 Washington, D.C. lawyers, litigation staff and legal assistants who received the Vincent F. Prada Pro Bono Award for devoting more than 60 hours to pro bono work over the course of the year. VINCENT F. PRADA PRO BONO AWARDS The Washington, D.C. office held its fifth annual Vincent F. Prada Pro Bono Awards Ceremony in July, commemorating Sidley’s late partner Vincent Prada, who devoted 14 years of his life to representing Central Jersey Legal Services and the CPBO Pro Bono Partner Award. Bruce's remarks, explaining the importance of pro bono work to in-house legal departments, were reprinted in the Pro Bono Institute's on-line newsletter. an inmate on death row. The firm presented the award to more than Attendees at the event included Vince Prada’s widow, Jana Singer, 100 lawyers and 15 legal assistants and litigation staff in the office their sons, Michael and Josh, and representatives of the legal who devoted 60 or more hours to pro bono work in 2010. Recipients services organizations with which Sidley works in the Washington, are allowed to designate a legal services organization to which the D.C. area. firm contributes $100 in the recipient’s name. The keynote speaker at this year’s event was Bruce Kuhlik, Executive Vice President and General Counsel of Merck & Co., Inc. Under Bruce’s leadership, Merck’s pro bono program has served as a model for other corporate pro bono programs throughout the country and has been formally recognized with the U.S. President’s Volunteer Service Award, the New Jersey State Governor’s Jefferson Award, the Pro Bono Award from the Union County Bar Association/ Los Angeles Pro Bono Awards Los Angeles lawyers and staff gathered to recognize 27 partners, counsel and associates for their outstanding commitment to pro bono matters throughout the year. Among the lawyers recognized were Debra Pole, Michelle Goodman, Jodi Lopez and Cameron Johnson for their receipt of the President’s Award from Public Counsel. The office also recognized Sidley Pro Bono Fellows Leah Abeles and Cody Jacobs for their contributions to the ACLU. Also honored this year were two USC and four UCLA law students as Sidley Austin Public Interest Law Fellows. Carter Phillips, Washington, D.C. office Managing Partner; Bruce Kuhlik, Executive Vice President and General Counsel of Merck & Co., Inc.; and Rebecca Troth, Washington, D.C. Pro Bono Counsel. 28 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report SPONSORSHIP OF PRO BONO GRADUATE FELLOWS S idley’s commitment to pro bono work is reflected in its Fellowship/Externship program, which allows associates to work at nonprofit organizations in the community either before they begin working at the firm or, in the case of the New York office, after they have been with the firm for some time. Through the program, Sidley provides a fellowship stipend or pays the salary of the Fellows or Externs to allow them to work for a nonprofit organization for about 10 weeks. In Washington, D.C., Los Angeles and Chicago, they can choose among a variety of nonprofit organizations, including those that provide direct services to indigent people, as well as those that engage in impact litigation and policy work. In New York, associates work for three to four months at inMotion, Inc., an organization that provides free legal services to indigent and low-income women and children in domestic crisis. Fellowships with the nonprofit organizations allow associates to learn about the organizations, their staffs and their work. The Fellows develop relationships that they can continue and expand when they come to Sidley. These relationships often are an important source of pro bono matters for the firm and the Fellows throughout their careers. We benefit because the Fellows acquire experience in a short period of time and develop skills dealing with clients, negotiating with other lawyers and advocating in court or in other settings in which they need to persuade a decision-maker. New York Office Sponsored Two inMotion Externs Sidley has a long-standing relationship with inMotion, Inc., a leading provider of free legal services to indigent and low-income women and children who need assistance in obtaining divorces, orders of protection, and/or assistance with other family law matters. In 2003, we established the Sidley Externship Program pursuant to which associates in the New York office work at inMotion, Inc. on three or four month rotations and who many times handle the most difficult cases. Over the years, the firm has worked on hundreds of inMotion matters as part of its pro bono commitment and also has provided generous financial support through its role as one of inMotion’s corporate partners. inMotion provides extensive training for its attorneys and volunteers, as well as for its Externs, who can expect to have significant court appearances before New York’s Supreme and Family Courts. Marc Hedrich spent five months as an Extern at inMotion where he represented new clients (women who were indigent and/or victims of domestic violence) and continued work on matters initiated by prior Sidley Externs. Marc worked on a variety of matrimonial and family court cases in all five of New York City’s boroughs. Notably, he participated in a divorce trial in New York County, petitioned for a finding of willful violation of a child support order in Queens County, sought dismissal of a petition for downward modification of a support order in Kings County, argued petitions for child custody and support in Richmond County, and obtained dismissal of an unsupervised visitation petition in Bronx County. Shane Tattan served as the inMotion Extern where he successfully handled a broad range of cases for over 20 clients residing in all five New York City boroughs, including contested divorces, child and spousal support actions, child custody cases, paternity actions and family offense matters. In particular, Shane conducted a three-day trial in a child support case initiated by a woman who was owed over $90,000 in child support arrears for her severely disabled son. He also negotiated a divorce settlement awarding a woman sole custody of her two young daughters after her husband’s repeated infidelity and emotional abuse. And in two cases, Shane conducted successful mediations between highly acrimonious parties. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 29 SPONSORSHIP OF PRO BONO GRADUATE FELLOWS continued Chicago Office Sponsored Four PILI Fellows Sidley’s Chicago office sponsors graduate fellows in partnership with the Public Interest Law Initiative (PILI). Since its inception, PILI has created educational and meaningful public interest law experiences for law students and lawyers at nonprofit organizations that provide legal services to low-income people. The PILI Fellowship Program offers opportunities to those new associates who have accepted employment with a Chicago firm that participates in PILI’s Fellowship program. Barbara Barreno was a PILI Fellow at the National Immigrant Justice Center (NIJC), where she worked with NIJC’s Immigrant Legal Defense and Asylum Projects. Barbara prepared U visa applications and drafted letters requesting prosecutorial discretion to the Department of Homeland Security. In addition, she conducted client intakes and met with Spanish-speaking clients to discuss their cases. Barbara also prepared applications for employment authorization, drafted affidavits for applications for immigration relief, and prepared a client for an interview with an asylum officer at U.S. Citizenship and Immigration Services. She currently serves on PILI’s Board of Directors as a Class of 2011 Fellows Representative. Donovan Borvan served as a PILI Fellow at the International Human Rights Law Institute at DePaul University Law School. During his fellowship, Donovan researched human rights violations in Egypt and Jordan and the historical development of human rights protections in American constitutional law, and participated in the early development of an educational program for attorneys in Vietnam. He also drafted articles on women’s rights in Jordan and bankruptcy protection as a human right. Catherine Starks served as a PILI Fellow with Health & Disability Advocates, a nonprofit organization that promotes healthcare access and services for children, people with disabilities and low-income adults. During her Fellowship, Catherine concentrated her efforts with the Chicago Medical Legal Partnership for Children, which partners attorneys with local hospitals and pediatric medical clinics to provide legal services to low-income families. She researched special education policies, drafted various position papers and worked with local school districts to improve access to education for children with special needs. Raj Sultanian was a PILI Fellow at Illinois Legal Aid Online (ILAO). ILAO’s mission is to use technology to improve access to legal resources. Raj spent the summer creating and editing a wide range of legal content on illinoislegalaid.org, a website designed to help pro se litigants who otherwise would not have access to free legal aid, and illinoislegaladvocate.org, a website designed to help pro bono attorneys find clients in need and the legal information required to represent them. He also helped develop an organizational framework for authorship, versioning, access and control of third party content hosted through ILAO. He ended his summer helping with the creation and launch of ILAO Mobile, a first-of-its-kind suite of mobile applications that allows users to quickly access ILAO’s content through any smartphone or tablet device. Raj currently serves as a founding member and Outreach Chair of ILAO’s Young Professionals Board. Los Angeles Sponsored One Pro Bono Graduate Fellow Francis Lam completed his six-week Pro Bono Fellowship at Lambda Legal’s Los Angeles office. Lambda Legal is the nation’s oldest and largest legal organization dedicated to safeguarding and advancing the civil rights of lesbians, gay men, bisexuals, transgendered people, and those with HIV through impact litigation, education and policy work. While at Lambda Legal, Francis worked on issues involving marriage equality, anti-discrimination laws, and domestic partnership benefits. Francis assisted with drafting appellate briefs to the Ninth Circuit Court of Appeals, counseled clients on their constitutional rights and helped assess the viability of conducting impact litigation. 30 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Washington, D.C. Office Sponsored Six DC Bar Pro Bono Graduate Fellows Sidley’s Washington office helped found the D.C. Bar Pro Bono Graduate Fellowship Program, which offers recent law school graduates an opportunity to spend the summer immediately following law school graduation or the period immediately following judicial clerkships doing legal work for local public interest agencies. Since 2002, 46 incoming Sidley associates have served as Graduate Fellows at 25 different nonprofit organizations in the D.C. area. Rishi Chhatwal was a Fellow at the Capital Area Immigrants’ Rights (CAIR) Coalition. CAIR assists detained immigrants charged with deportation in Virginia, Maryland and the District of Columbia by providing orientation on their legal rights. Rishi interviewed detainees at several Immigration and Customs Enforcement detention facilities, screened cases for potential pro bono placement and appeared as detainee counsel in Immigration Court. As part of CAIR’s legal team, he also helped draft motions and briefs in support of asylum, withholding and deferral of removal under the United Nations Convention Against Torture. Seema Kakad worked in the Trial Division of the Public Defender Service of the District of Columbia where she helped represent indigent criminal defendants. Seema worked on a variety of matters, including a felony carjacking and attempted murder case involving multiple complainants and multiple incidents, a Fourth Amendment motion to suppress and a misdemeanor trial in which the client was found not guilty. She helped interview the clients in all of these matters, as well as drafted numerous motions and discovery requests. Marc Korman was a Fellow at the National Veterans Legal Services Program, working with the Lawyers Serving Warriors Program on a class action suit to ensure that veterans from the wars in Iraq and Afghanistan diagnosed with post-traumatic stress disorder receive appropriate compensation. Marc also helped set up a program for veterans to file for Combat-Related Special Compensation, a program providing monthly compensation to military retirees with combat-related disabilities. Clay Northouse was a Fellow at the Legal Aid Society of the District of Columbia. Clay worked with Jack Keeney, Director of the Barbara McDowell Appellate Advocacy Project, in writing briefs and motions in the D.C. Court of Appeals. The goal of the appellate project is to pursue poverty law reform to protect the rights of low-income residents. In particular, he assisted Legal Aid in seeking reimbursement for emergency healthcare services for a client who was denied coverage by the District and her insurer under the D.C. Healthcare Alliance program. Clay also worked on eviction and foreclosure cases and participated in moot courts in preparation for oral argument before the D.C. Court of Appeals. Lisa Taylor worked for the AARP Legal Counsel for the Elderly (LCE), providing legal and advocacy services to lowincome seniors. Lisa helped LCE create a medical-legal partnership. She interviewed directors of medical-legal partnerships around the country and created a report detailing medical-legal partnership best practices for LCE. She also contacted and arranged meetings with local hospitals that serve LCE clients to facilitate the formation of a partnership with the right local hospital. In addition to her work for the medical-legal partnership, Lisa also worked with the home visit program where she helped home-bound seniors with a variety of legal issues. Tami Weerasingha-Cote worked as a Fellow at the Domestic Violence Legal Empowerment and Appeals Project, an organization dedicated to empowering victims of domestic violence by providing expert representation for appeals and offering training and education for lawyers and judges on cutting-edge issues. During her Fellowship, Tami researched the feasibility of bringing federal court claims alleging constitutional violations during state court custody proceedings involving allegations of child abuse, and developed litigation strategies for overcoming the significant procedural obstacles to bringing such cases into federal court. Sidley Austin LLP • 2011 Pro Bono and Community Service Report • 31 2011 Pro Bono and Public Interest Law Committee Members CHICAGO LOS ANGELES Richard O’Malley, Chicago Chair 312.853.7112 Frank Broccolo, Los Angeles Chair 213.896.6087 Frederic Artwick 312.853.7529 Bradley Ellis 213.896.6632 Susan Bart 312.853.2075 Russell Cass 312.853.2202 Linton Childs 312.853.2211 James Arden, New York Chair 212.839.5889 Michael Clark 312.853.2173 Maureen Crough 212.839.7323 Maja Eaton 312.853.7123 Martin Gold 212.839.5481 Kevin Fee 312.853.7919 Dennis Hensley 212.839.5731 John Gallo 312.853.7494 John Lavelle 212.839.5396 David Gordon 312.853.7159 Henry Minnerop 212.839.5555 Eric Grush 312.853.7855 Benjamin Nagin 212.839.5911 Scott Lassar 312.853.7668 James O’Connor 212.839.8613 Courtney Rosen 312.853.7669 Stephen Rutenberg 212.839.5608 David Siegel 312.853.7246 Michael Sackheim 212.839.5503 Melville Washburn 312.853.2070 Edna Basquill, Pro Bono Coordinator 212.839.5529 Neil Wyland 312.853.7869 David Zampa 312.853.4573 Kelly Huggins, Capital Litigation Project and Political Asylum and Immigrants’ Rights Project Manager 312.853.3206 Emily Wexler, Veterans Benefits Project Manager 312.853.7074 Angelyn Chester, Pro Bono Coordinator 312.853.7871 214.981.3385 HONG KONG Charles Allen, China Chair SAN FRANCISCO and PALO ALTO Michael Rugen, San Francisco Chair 415.772.1290 WASHINGTON, D.C. DALLAS Li Chen, Dallas Chair NEW YORK 852.2509.7818 32 • Sidley Austin LLP • 2011 Pro Bono and Community Service Report Ronald Flagg, National Chair 202.736.8171 Jeffrey Green, Washington, D.C. Chair 202.736.8291 Lisa Crosby 202.736.8754 Paul Hemmersbaugh 202.736.8538 Nathan Sheers 202.736.8085 Rebecca Troth, Pro Bono Counsel 202.736.8339 World Offices Beijing Hong Kong San Francisco Suite 608, Tower C2 Oriental Plaza No. 1 East Chang An Avenue Dong Cheng District Beijing 100738 China T: 86.10.5905.5588 F: 86.10.6505.5360 Level 39 Two Int’l Finance Centre 8 Finance Street Central Hong Kong T: 852.2509.7888 F: 852.2509.3110 555 California Street San Francisco, California 94104 T: 415.772.1200 F: 415.772.7400 Brussels JPMorgan Chase Tower 600 Travis Street Suite 3100 Houston, Texas 77002 T: 713.315.9000 F: 713.315.9199 NEO Building Rue Montoyer 51 Montoyerstraat B-1000 Brussels Belgium T: 32.2.504.6400 F: 32.2.504.6401 Chicago One South Dearborn Chicago, Illinois 60603 T: 312.853.7000 F: 312.853.7036 Dallas Houston London Woolgate Exchange 25 Basinghall Street London, EC2V 5HA United Kingdom T: 44.20.7360.3600 F: 44.20.7626.7937 717 North Harwood Suite 3400 Dallas, Texas 75201 T: 214.981.3300 F: 214.981.3400 Los Angeles Frankfurt New York Taunusanlage 1 60329 Frankfurt am Main Germany T: 49.69.22.221.4000 F: 49.69.22.221.4001 787 Seventh Avenue New York, New York 10019 T: 212.839.5300 F: 212.839.5599 Geneva Rue de Lausanne 139 Sixth Floor 1202 Geneva Switzerland T: 41.22.308.00.00 F: 41.22.308.00.01 555 West Fifth Street Los Angeles, California 90013 T: 213.896.6000 F: 213.896.6600 Palo Alto 1001 Page Mill Road Building 1 Palo Alto, California 94304 T: 650.565.7000 F: 650.565.7100 www.sidley.com Shanghai Suite 1901 Shui On Plaza 333 Middle Huai Hai Road Shanghai 200021 China T: 86.21.2322.9322 F: 86.21.5306.8966 Singapore 6 Battery Road Suite 40-01 Singapore 049909 T: 65.6230.3900 F: 65.6230.3939 Sydney Level 10, 7 Macquarie Place Sydney NSW 2000 Australia T: 61.2.8214.2200 F: 61.2.8214.2211 Tokyo Sidley Austin Nishikawa Foreign Law Joint Enterprise Marunouchi Building 23F 4-1, Marunouchi 2-chome Chiyoda-Ku, Tokyo 100-6323 Japan T: 81.3.3218.5900 F: 81.3.3218.5922 Washington, D.C. 1501 K Street N.W. Washington, D.C. 20005 T: 202.736.8000 F: 202.736.8711 03/2012 Sidley Austin LLP, a Delaware limited liability partnership which operates at the firm’s offices other than Chicago, New York, Los Angeles, San Francisco, Palo Alto, Dallas, London, Hong Kong, Houston, Singapore and Sydney, is affiliated with other partnerships, including Sidley Austin LLP, an Illinois limited liability partnership (Chicago); Sidley Austin (NY) LLP, a Delaware limited liability partnership (New York); Sidley Austin (CA) LLP, a Delaware limited liability partnership (Los Angeles, San Francisco, Palo Alto); Sidley Austin (TX) LLP, a Delaware limited liability partnership (Dallas, Houston); Sidley Austin LLP, a separate Delaware limited liability partnership (London); Sidley Austin LLP, a separate Delaware limited liability partnership (Singapore); Sidley Austin, a New York general partnership (Hong Kong); Sidley Austin, a Delaware general partnership of registered foreign lawyers restricted to practicing foreign law (Sydney); and Sidley Austin Nishikawa Foreign Law Joint Enterprise (Tokyo). The affiliated partnerships are referred to herein collectively as Sidley Austin, Sidley, or the firm. Attorney Advertising. For purposes of compliance with New York State Bar rules, Sidley Austin LLP’s headquarters are 787 Seventh Avenue, New York, NY 10019, 212.839.5300 and One South Dearborn, Chicago, IL 60603, 312.853.7000. Prior results described herein do not guarantee a similar outcome. www.sidley.com www.sidley.com
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