2005 Pro Bono Annual Review 2005 Pro Bono Annual Review

Table of Contents

Message from the Chairman ...... 1

Pro Bono Year in Review ...... 2

Global Pro Bono ...... 4

Office Highlights ...... 8

Protecting a Student’s Civil Rights ...... 11

Human Rights & Refugee Practice ...... 14

Battling Housing Discrimination ...... 21

Justice for Immigrants in the Post-9/11 World ...... 22

Disaster Recovery Work ...... 26

The Trials of Pro Bono ...... 32

Equal Justice Works ...... 34

Pro Bono Committee ...... 36 Message from the Chairman

R o b e r t M . D e l l

At Latham & Watkins, our pro bono commitment is a hallmark of our firm. Providing quality legal services to those most in need and least able to pay is an integral part of being a lawyer, and at Latham we take that responsibility seriously.

Since 2000, Latham has provided more than $200 million in pro bono legal services to low-income individuals and nonprofit organizations and to advance access to justice, which makes us one of the largest providers of free legal services in the world, a distinction of which we are quite proud. Our pro bono accomplishments include both litigation and transactional successes, large as well as small, encompassing almost every area of public interest law. Our pro bono practice is as broad and diverse as the attorneys in our firm and the communities we serve.

As you read this annual review of our pro bono efforts, I hope you will get a sense of our deep tradition of community involvement and outstanding public service, and join us in celebrating the firm’s many pro bono accomplishments of 2005. 

Robert M. Dell Chairman and Managing Partner

Latham & Watkins • 2005 Pro Bono Annual Review 1 Pro Bono Year in Review

Since 2000, Latham personnel have provided more than $200 million in pro bono legal services.

2 Latham & Watkins • 2005 Pro Bono Annual Review Message from the Pro Bono Counsel

A m o s E . H a r t s t o n

Attorneys at Latham & Watkins recognize that, as Pro Bono Year in Review lawyers, we have a duty to help ensure that the doors of justice are open to all, regardless of income.

Every year our attorneys, paralegals and staff donate As detailed in this thousands of hours of their time and expertise to help report, Latham’s pro those who might otherwise be denied access to justice. bono accomplishments By providing free legal services to low-income include litigation and individuals and nonprofit organizations without the transactional successes ability to pay, we uphold the traditions of our firm and ranging from human the ideals of our practice. At Latham, pro bono is rights and refugee central to our culture and an integral part of our issues, children’s rights, foster children adoptions, practice of law. homelessness prevention and landlord/tenant issues to community economic development, nonprofit This was another impressive year for our pro bono corporation counseling and representation, land use program. In 2005, Latham attorneys and summer permitting and approvals, family law, assistance to associates provided more than 117,000 hours of free victims of domestic violence, consumer law, public legal services valued in excess of $41 million, with benefits, international law, civil rights, disability- paralegals and other professional staff logging an related cases, and criminal trial and appellate additional 11,000 pro bono hours. In total, Latham proceedings including death penalty litigation. personnel provided more than 128,000 hours of free legal services, valued in excess of $43 million. More Latham partners with local, national and international than 1,100 attorneys and 180 summer associates in 18 legal services providers, bar associations, human rights offices across eight countries, including approximately and civil rights organizations, federal and local courts 76 percent of the firm’s US attorneys and 38 percent of and other nonprofit and community groups to identify our European and Asian attorneys, provided pro bono pro bono projects and community needs. These services in 2005. community organizations are an essential part of our pro bono practice. Our pro bono program relies on the Latham’s pro bono program stands out as an example efforts of the dedicated people at these organizations among private law firms of how a commitment to pro who devote themselves to serving the legal needs of bono can go hand in hand with profitability. While the poor and disadvantaged in our communities. continuing to achieve strong financial results, Latham has demonstrated year after year its unwavering Our dedication to pro bono reflects a fundamental part commitment to pro bono legal service. Latham’s pro of our firm’s culture. Latham encourages all of our bono program is consistently ranked as one of the attorneys to participate, and associate pro bono hours top pro bono programs among private law firms, are treated the same as commercial billable hours for demonstrating that committed lawyers at a global law purposes of associate pace, evaluation and bonuses. firm can make a difference in all types of public There is no cap on pro bono hours. interest matters. Since 2000, Latham personnel including attorneys, summer associates, paralegals and As a signatory of the Law Firm Pro Bono Challenge, other professional staff have provided more than Latham has committed to provide, at minimum, the 700,000 hours of pro bono assistance, totaling more equivalent of 60 hours per US attorney per year in pro than $200 million in free legal services. bono legal services. We have met this goal every year since making the commitment in 2000. We also have 2005 Firm Pro Bono Highlights* made significant strides in expanding our pro bono practice in Europe and Asia. By providing free legal Hours 117,000 services in our communities, Latham attorneys, Participating Attorneys 1,120 paralegals and staff across all of our offices continue our tradition of community involvement and public Participating Summer Associates 184 service.  Participating Offices 18 Value of Services Provided $41.7 million

* Includes only pro bono service by attorneys and summer associates

Latham & Watkins • 2005 Pro Bono Annual Review 3 Global Pro Bono

As Latham continues to expand internationally, so too our pro bono ‘‘ practice continues to develop internationally. We are proud of the increasing local pro bono work in our offices in Europe and Asia, as well as important multinational projects handled by teams of our attorneys around the globe.” — Jim Kearney Pro Bono Committee Chair

4 Latham & Watkins • 2005 Pro Bono Annual Review Latham attorneys in Europe and Asia contribute significantly to their communities through pro bono legal services. Over the last several years, the firm’s pro bono program has developed into a global practice, with attorneys now participating in 18 offices across eight countries. The firm also has taken on an assortment of compelling international pro bono matters that impact developing countries and concern important global issues.

In 2005, more than 140 of the firm’s attorneys in Europe and Asia — representing approximately 38 percent of our attorneys based in these regions — participated in the pro bono program, providing more than $2.9 million in free legal services.

A Post-Conflict Legal Global Pro Bono System in Sudan Over the last year, Latham & Watkins has been assisting the Civil Authority of the New Sudan (CANS), also known as the Sudanese People Liberation Movement (SPLM), in its nation-building endeavor, helping to establish the rule of law for a new constitutional democracy in Africa. Decades of conflict and civil war based upon geographic divisions, ethnic differences, religious and political ideology, and competition over resources left most portions of Southern Sudan without basic civil institutions, without Photo: Catherine Maywald access to basic services such as electricity or telephone Meeting room for the SPLM Southern Kordofan State constitutional drafting committee service, without educational opportunities and without the rule of law.

Following an internationally brokered peace agreement signed in January 2005, Latham represented CANS, the new leader of the recently established

Government of Southern Sudan, in its efforts to Photos: Nathan Miller design a post-conflict legal system. Through this Headquarters of Southern Sudanese government attorneys groundbreaking project — accomplished in partnership with Nathan Miller, Executive Director of Rule of Law International, a US-based non-governmental How does a new organization — Latham analyzed issues involved in creating a new national legal system, drafted heavily government build a legal annotated constitutional text and advised on strategies ‘‘ system from scratch when to enable our client to adequately articulate and defend its interests in four separate post-conflict constitutional it can muster no more than a processes at the federal and state levels. handful of lawyers? For CANS,

Assembling a multinational team of more than 50 it was by strategically utilizing the Latham attorneys and 25 summer associates spanning tremendous resources and expertise nine offices around the world, we mobilized our global resources for our client, bringing together firm of the Latham team. The ideas, expertise in finance and banking, environment and enthusiasm and professionalism land resources, and human rights, among other subject that Latham brought to the table areas. Our global team provided unwavering dedication, as well as round-the-clock support for our were simply invaluable.” client, as the people of Southern Sudan worked to — Nathan Miller develop a new economic and political structure. Executive Director, Rule of Law International

Latham & Watkins • 2005 Pro Bono Annual Review 5 6 Global Pro Bono ahm&Watkins • 2005ProBono Annual Review Latham & partner matters. CoordinatedbyretiredWashington, D.C. global legalservicestoAshokaonafullrangeof For morethan20years,Lathamhasbeenproviding people inthousandsofcommunitiesworldwide. projects thathavetransformedthelivesofmillions 1,700 AshokaFellowsin60countries,resulting careers. Ashokahascreatedfellowshipsformorethan their ideasandinstitutionsthroughallphasesof invests insocialentrepreneurs—supportingthem, a global,nonprofitorganizationwhichidentifiesand Social Entrepreneurship Around theWorld. Ashoka IntheUnitedStates,Washington, D.C.partner • innovative projectssuchas: year hasspannedtheglobeandincludedseveral Schuhmacher InFrance, Parisassociate • InEngland,Londonpartner • InGermany, Hamburgpartner • Cheryl Coe nonprofit advised ontheestablishment ofaFrench operational structureinSriLanka. and ishelpingwiththereplication ofAshokaUK’s with employment,ITandgeneralcorporateissues, UK charitableentity. Theteamhasalsoassisted winding-up ofaUKtrustandregistrationnew Ashoka’s Europeantrademarks. Venture programinGermanyandassisting with team iscurrentlyhelpingtoestablishtheYouth and providingemploymentlawtaxadvice.The program, includingassistanceoncontractualissues Deutschland gGmbHonestablishingitsGerman and associate worldwide trademarkportfolio. associate for usebyapublicboardingschool.OrangeCounty underutilized acreageintheRFKStadiumcomplex legislation toallowthetransferofcertain Davis Venture project.SeniorPolicySpecialist funding agreementtodevelopAshoka’s IrishYouth York associate Ashoka oncorporateandtaxissues,whileNew paralegal Bill Kelly worked withtheSEEDFoundationtopass Julie Dalke Jack Mathew association loide1901 , ourworkwithAshokaduringthepast and associate Christian Meyn Andrew Miller and NewYork partner assisted withAshoka’s advised Ashokaonthe Jessica Hafer Julien Vaucheret Michael Bond advised Ashoka advised onaproject Andrea Jaeger-Lenz . Kenneth Laura advised Ashoka is and ‘‘ declarations ofCommonwealthprinciples. General AssemblyResolution53/144andtheformal Declaration onHumanRights,UnitedNations freedom ofassociationincludingtheUniversal covenants guaranteeingfreedomofexpressionand backdrop ofprovisionsininternationaltreatiesand provisions oftheproposedlegislationagainst poorest people.Theteamanalyzedvarious provide socialassistancetosomeoftheworld’s have hadasignificantimpactontheirabilityto Management andControllegislationthatwould limit theimpactofproposedForeignContribution the HumanRightsLawNetwork—intheirbidto NGOs —theVoluntary ActionNetworkIndiaand Parul Mehta van Kwawegen Project, NewYork attorneys In conjunctionwiththeInternationalSeniorLawyers Lawyers Project International Senior life of socialentrepreneurshipto Ashoka, whichbringstheidea to helpprobonoclientslike capabilities asagloballawfirm skills asattorneysandour — Andrea Jaeger-Lenz — Andrea We areproud tremendous.” of probonoworkare collegiality andreward Hamburg Office Partner inthe – , providedassistancetotwoIndian worldwide. The , withthehelpofsummerassociate Jim Kearney to useour and Jeroen A Global Study of Pro Bono

Latham & Watkins assisted the Pro Bono Institute in preparing a report on culture, regulations and practices governing pro bono work in various countries around the world. Drawing on the firm’s global resources, New York partner Jim Kearney and associate Manfred Gabriel assembled a team of attorneys including partner Matteo Bay and associates Melissa Cacciotti and Igor Taccani in Brussels, partner Mitchell Stocks U.N. Global Compact in Hong Kong, associates Ben Davies and Johan Mattsson in London, associates Maya Steinitz, Jeroen The United Nations Global Compact, an entity van Kwawegen, Lillian Gutwein and Michael O’Leary established under the office of the Secretary- and summer associates Jason Strickland, Ingrid General of the U.N., serves the primary function of Waldman and Marc Suskin in New York, associates promulgating 10 principles in the areas of human Cécile Angulo, Fabrice Fages, Maxime de rights, labor standards, environment and anti- Guillenchmidt and Valentine Tassy in Paris, and corruption, and obtaining the written commitment partner Hisao Hirose and associate Koji Ishikawa of corporations and non-governmental organizations in Tokyo, as well as foreign interns Veronika Nutt throughout the world to support these core values. It from Switzerland and Harmen Holtrop from has recently been recognized by a resolution of the the Netherlands. U.N. General Assembly.

This global team worked together to write numerous Latham is advising the Global Compact’s corporate white papers provided to key opinion leaders from responsibility initiative with respect to governance various countries in order to elicit comments and to issues and with respect to the establishment of the initiate a dialogue regarding the importance and Foundation for the United Nations Global Compact, benefits of providing pro bono legal services. The a not-for-profit organization that supports the Latham team also organized videoconferences with Compact’s activities and mission. In addition, Latham opinion leaders from several national bar associations, has advised the Global Compact in connection with large European law firms and universities. These its trademark and branding policies, the negotiation videoconferences have led to significant local pro bono of a trademark license between the Foundation and initiatives in the Netherlands and in France. The white the U.N., and in connection with the conception and papers were eventually combined into an extensive adoption of a new logo for Global Compact members report entitled “A Survey of Pro Bono Practices and — the “We Support the Global Compact” logo — Opportunities in Selected Jurisdictions,” which was which has been adopted as the official emblem for presented at the Pro Bono Institute’s annual seminar in use by participant companies. Washington, D.C. in March 2005. The Latham team, which includes partner Jim Kearney and of counsel Jeff Tochner in New York and 2005 European and Asian associate Matt Kasdin in London, continues to advise Pro Bono Highlights* the U.N. Global Compact on various legal matters. Hours 7,500 Participating Attorneys 140 Other Global Pro Bono Matters

Participating Offices 8 Latham has taken on a number of other pro bono Value of Services Provided $2.9 million matters in our offices in Europe and Asia, some of which are described elsewhere in this report, in * Includes only pro bono service by attorneys and addition to partnering with international nonprofit summer associates in Europe and Asia organizations on matters related to human rights and other important global issues. 

Latham & Watkins • 2005 Pro Bono Annual Review 7 Office Highlights

Providing legal services to those in need is important to attorneys across all “of our offices. By participating in pro bono efforts, Latham attorneys enhance their communities and enhance their experiences as lawyers and as people.” — Ora Fisher Office Managing Partner, Silicon Valley

8 Latham & Watkins • 2005 Pro Bono Annual Review Latham’s pro bono work spans almost every area of public interest law. The variety of pro bono matters throughout our offices reflects the diversity of our attorneys, our commercial practice groups and the communities that we serve. Across our offices, we continue to expand relationships with local community organizations, to identify and respond to local needs as well as matters of national and international concern.

Reflecting only on the number of hours or monetary value of free legal services provided cannot adequately explain the quality of the individual contributions or the impact those contributions have had on so many lives and in so many communities. Below is a sampling of the firm’s pro bono work throughout the year, illustrating just some of the many public interest efforts provided by our attorneys, summer associates, paralegals and other professional staff.

Chicago improperly charged with Latham team persuaded the same Office Highlights aggravated unlawful use of a trial court on remand to reduce our Fleeing from the Congo. Chicago weapon and unlawful possession of client’s sentence to the lowest associates Jennifer Reicher Jaffe firearms. The minor was arrested permissible under the sentencing and Julie Bailey and Silicon Valley on his own front porch after the guidelines. As a result, our client associate Joann Liao, under the police were unable to find the true became eligible for a local work supervision of Chicago partner perpetrator in the alleys and streets release program which will allow Mary Rose Alexander, secured near his house. The identification him to obtain employment and asylum for a couple who fled the evidence relied upon by the police resume his education. Democratic Republic of the Congo was speculative at best, and several (DRC) after being imprisoned and eyewitnesses as well as other Disability Rights. Chicago partner tortured. Our clients are members evidence confirmed that the minor Juli Marshall and associates Nick of the Lunda tribe, which has a was not involved and had been Gorga, Peter Moore, Laura Bauer long history of conflict with the wrongly charged. After the and Brett Doran and paralegal tribe currently in power. One of our repeated inability of the Chicago Kelley Evans represent a disabled clients was rounded up after the Police Department to respond to high school student suffering assassination of the DRC president, challenges regarding the from Rett Syndrome, a rare and was twice detained and identification evidence, all charges neurological disorder characterized tortured but never formally charged were dismissed. by impairment of verbal with any crime. At one point the communication, motor skills and military broke down his door, held Fairness in Criminal Sentencing. cognitive abilities. Our client’s a gun to his head and tortured his Chicago partner Bob Tarun and local high school refused to wife while forcing him to watch. associates Matthew Mock and provide her with statutorily Latham represented the couple André Geverola successfully guaranteed aids, accommodations throughout the four-year asylum represented an indigent criminal and services, and forced her into a application process. At the defendant before the US Court of segregated school far from her conclusion of a five-hour Appeals for the Seventh Circuit home. Our client and her parents evidentiary hearing, the challenging the trial court’s overly challenged this decision under the immigration judge granted asylum. harsh sentence for possession of a Individuals with Disabilities firearm. After convincing the Education Act and other federal Flawed Identification of a Minor. Seventh Circuit to vacate the laws. Latham is assisting the Associates Meghan Sullivan and sentence based on the trial court’s family before the Seventh Circuit Matt Johnson, with assistance review of factors that should not Court of Appeals in challenging from associate Alice Decker, have been considered in the adverse rulings as well as represented a 14-year-old sentencing determination, the pursuing a separate suit in federal

Latham & Watkins • 2005 Pro Bono Annual Review 9 district court alleging related violations of the Americans with Latham’s commitment to Disabilities Act and the Civil Rights Act. professionalism is matched equally “by its commitment to prevent the abuse Prevent Child Abuse America. Office Highlights Prevent Child Abuse America and neglect of our nation’s children. provides leadership to promote and These caring pro bono attorneys are implement child abuse prevention efforts at both the national and helping us to achieve an local levels. In 2005, Latham important national priority.” represented the organization in a — James M. Hmurovich wide range of matters, including Interim President/CEO, advice on employment issues, Prevent Child Abuse America trademark counseling and infringement litigation, corporate governance, management of endowment funds and negotiating Residence for an Abused and gallery vandalized and being subleases for a significant office Neglected Teenager. Working in attacked and severely beaten. move. Supervised by Chicago conjunction with the Midwest Fearful of the lack of effective law partner Matt Walch, many Latham Immigrant and Human Rights enforcement and the “social attorneys and other personnel were Center, Chicago associate Paige cleansing” being carried out by involved in these efforts, including Ormond obtained legal permanent guerillas in various parts of Chicago partner Robin Struve, residency for a Honduran teenager Colombia, our client could not report associates Jenny Baker, Abizer who had been abused and his attack. Instead, he fled to the Zanzi, Roderick Branch, Matthew abandoned by the family that took United States. Latham assisted with Pryor and Mia DiBella, and custody of him after the death of his an asylum application and interview Litigation Analyst Thomas parents. Left to fend for himself on where our client’s request for asylum Buettner, Los Angeles partner Joel the streets of Honduras, the 16-year- was granted. Krischer and New York associate old fled to the United States in an Michelle Kelban. effort to escape gang life. Latham Frankfurt successfully petitioned for a Special Asylum for a Student Protester. Immigrant Juvenile visa and Reorganization of an Art College. Associates Jacob Drouillard and secured placement for our client in a Frankfurt partner Martin Meissner Kaitlin Verber secured asylum for a group home for youths. Now, at 19, and associate Harald Horstkotte are student from the Democratic he lives independently in his own assisting the Städel School of Arts in Republic of the Congo who fled that apartment, holds a steady job and is its reorganization process, helping to country after being unlawfully working toward his GED. draft a new constitution to regulate imprisoned and tortured for peaceful and clarify the affiliation of the political activity. The team obtained Asylum for a Colombian Artist. college with the city of Frankfurt a flight manifest, produced by the Chicago associate Mark Ramsey and the state of Hessen. Although airline just before the merits successfully represented an openly financially dependent on the city of hearing, to establish that our client gay artist from Colombia in Frankfurt, the college is organized applied for asylum within the connection with his affirmative as a public corporation with the required one-year period from her application for asylum. Our client right of self-administration. In date of entry into the United suffered repeated verbal and drafting the constitution, the team is States. physical harassment in Colombia, giving thorough consideration to the including having his home and art historic background of this

10 Latham & Watkins • 2005 Pro Bono Annual Review Protecting a Student’s Civil Rights

Charlene Nguon is, in all respects, a model high school expression and privacy student. She has taken multiple Advanced Placement rights. The suit seeks courses and ranks among the top 5 percent of her class. policy changes that Charlene’s teachers have consistently praised her would prohibit school character, commenting in her report cards that officials from revealing Charlene is “very cooperative,” has a “good attitude” a student’s sexual and “works very hard.” orientation without permission and During Charlene’s junior year, she began to date another selectively enforcing female student in her public high school. Subsequently, discipline or censoring Charlene was suspended from school for hugging and students on the basis of affectionately kissing her girlfriend on campus. Charlene’s their sexual sexual orientation also was revealed to her parents without orientation. Charlene Nguon her permission. Ultimately, Charlene spent part of her junior year at a different high school, and her grades In an early victory for Charlene that was covered by news suffered significantly. media ranging from CNN to MTV, the court denied the defendants’ motion to dismiss, holding as an issue of first After unsuccessful attempts to resolve the situation without impression that students have an interest in not having litigation, the American Civil Liberties Union requested their sexual orientation disclosed by school administrators Latham’s assistance in filing a complaint. Orange County absent a compelling state interest. associates Collie James, Chris Campbell and Jordan Kushner, with the assistance of partner Virginia Grogan, The case is expected to be scheduled for trial in the filed a complaint in federal court alleging that school fall of 2006.  officials violated Charlene’s equal protection, free

Suing my high school and making my personal life the subject of a lawsuit was one of the most difficult things I’ve ever done. Fortunately, Latham was there for me every step of the way. They give me hope that I can change how gay and lesbian students are treated in ‘‘ schools across the nation, and for their work I am thankful.” — Charlene Nguon High school student

traditional and prestigious art States start new youth-led necessary changes to its Web site Office Highlights school and the implications of organizations that achieve lasting to meet European regulations and higher education law, as well as benefits for their schools and local practices, including issues civil law and the law of public communities. In 2005, Youth regarding transfers of personal corporations. Venture investigated expansion data. The team also helped to the European Union. Frankfurt Youth Venture develop its Web Advising Youth Venture. Youth associate Malte Hilpert, along site privacy policy and advised Venture is a nonprofit with New York associates Eric generally on information organization focused on helping Andrews and Carrie Girgenti, collection practices in the young people in the United advised Youth Venture on US and EU.

Latham & Watkins • 2005 Pro Bono Annual Review 11 Latham Honored by American Immigration Lawyers Association remunerating certain work rendered in ghettos, but the large The American Immigration Lawyers Association honored Latham & Watkins’ majority of claims for such Washington, D.C. attorneys with its “Outstanding Pro Bono Representation” Award for our continuing representation of Malik Jarno, a mentally disabled war orphan pensions have been denied. from Guinea who came to the US as a refugee at the age of 16. The Department Latham brought the first appeal of of Homeland Security continues to oppose asylum and the case is currently a Hamburg Social Court order Office Highlights before the Board of Immigration Appeals. The case has garnered international media attention, and more than 70 members of Congress, along with numerous related to ZRBG, which may immigration, human rights, religious and mental disability organizations, have clarify the circumstances under weighed in to support the granting of permanent relief for Malik. which ZRBG pensions are to be The award honors partner Claudia O’Brien and associates Ben Jacqmotte, Jeff made available. Hamburg Hamlin, Alexi Maltas, Stefanie Alfonso-Frank, Sarah Maria, Kerry Macleod, associate Dirk Kocher leads the Becky Spain and Seung Baik for their outstanding work on the case. representation with assistance from associates Maria Schefe and Sebastian Klausch, partner Björn Hamburg population. The team, which Dissars and Pro Bono Counsel includes associates Christian Meyn Amos Hartston. National Red Cross of Germany. and Christoph Engeler and The National Red Cross partners Max Wilmanns and Björn London organization of Germany Dissars, also has provided general (Deutsches Rotes Kreuz, or DRK), assistance on other corporate and Learning for Life. Learning for Life part of the international Red Cross contractual matters. is a UK charity that provides organization, fulfills humanitarian educational support to services in accordance with Holocaust Survivors. Our disadvantaged groups in South Geneva Red Cross Conventions, in Hamburg and Los Angeles offices Asia, focusing on increasing the particular taking care of those joined forces with Bet Tzedek availability of quality education to victimized by wars and natural Legal Services in Los Angeles to the most marginalized communities. disasters. Latham has provided help with pension claims by Los In 2005, London associates advice to the DRK on a number of Angeles-area Holocaust survivors Christopher Hitchins, Guy Dominy issues relating to the protection of who worked in Jewish ghettos and Caroline Emerton, under the the symbol of the Red Cross under during World War II. Under a new supervision of partner Stephen German law and under the Geneva German statute — Gesetz zur Brown, advised Learning for Life Conventions, including questions Zahlbarmachung von Renten aus on general corporate and relating to trademark and licensing Beschäftigungszeiten in einem intellectual property matters and issues. Associate Björn Joachim, Ghetto (ZRBG) — the German various commercial agreements under the supervision of partner government has made available related to fundraising activities. Andrea Jaeger-Lenz, continues to pensions for Holocaust survivors work with the DRK.

Joint Venture Agreement. Lebenshilfe Lüneburg gGmbH is a I never would have nonprofit organization which been able to pursue provides housing and other services for people living with mental ‘‘ my claim without the disabilities. Latham attorneys have support of Bet Tzedek provided assistance with a joint venture agreement joining these and Latham & Watkins.” service offerings with other — Holocaust survivor nonprofit organizations to improve the quality of life for the target

12 Latham & Watkins • 2005 Pro Bono Annual Review The Roundhouse Theatre. The residents in the vicinity of the Five Acres. Five Acres, the Boys’ Roundhouse Theatre is an Lancaster Road and North Enfield and Girls’ Aid Society of Los internationally renowned arts area. London associates Omar Angeles County, is a nonprofit venue in North London. Its Shah, Christopher Hitchins and organization that has operated performers over the years have Scott Campbell have provided programs for abused and neglected included The Clash, The Doors, general corporate and nonprofit children since 1926, constituting Pink Floyd and Jimi Hendrix. advice and assisted with contract the oldest nonsectarian child abuse Latham attorneys are advising the and leasing issues. and neglect prevention treatment Roundhouse in connection with its and education center in the San attempt to raise sufficient funds to Get Well UK. Get Well UK is a Gabriel Valley. Five Acres turned to cover the cost of its redevelopment social enterprise seeking to Latham to help secure the as a youth performing arts venue. facilitate the provision of necessary environmental review Our London attorneys also have complementary therapy, including and approvals for much-needed advised the Roundhouse in areas acupuncture, osteopathy, additions to its property. Partner such as corporate, intellectual homeopathy, chiropractic and Loren Montgomery and associates property, finance, employment, aromatherapy, to all sectors of Estela de Llanos Carlson and Lisa outsourcing and litigation. The society free through the National Weinberger, with the assistance of Latham team includes associates Health Service, and conducting Land Use Analyst Patrick Michell, Philip Watkins, Clare Kipping, research into the benefits of these worked over the course of two Mark Robinson, Charles White, and other alternative therapies. years to improve relations between Christopher Hitchins and Emma Traditionally, access to Five Acres and its surrounding Scarratt, of counsel Andrew complementary medicine in the UK community, answer all technical Longmate and partner Nigel has been available only privately to and environmental review issues, Campion-Smith. The renovated those who could afford the cost of redefine the proposed project to Roundhouse is due to open in treatments. Partner Andrew Moyle address community concerns and June 2006. and associates Gail Crawford, represent Five Acres during several Roberto Grande, Ivan Waide, contentious Regional Planning Human Rights Watch. Human Bobby Reddy, Matthew Cutlan and Commission meetings. The project Rights Watch, the largest human Stephen Fietta provided Get Well was ultimately approved by rights organization based in the US, UK with strategic advice and unanimous vote of the Planning conducts fact-finding investigations drafted the necessary contractual Commission and is currently before into human rights abuses in all documentation for the development the County Board of Supervisors. regions of the world. In 2005, of an IT system to facilitate Get Latham provided counsel to Well UK’s expansion. Human Rights Watch regarding UK charities law, fundraising issues Los Angeles and compliance activities. The team includes London partners Foster Children Adoptions. Since Stephen Brown, Nick Cline, 1999, our Los Angeles attorneys Oonagh Whitty and John have completed more than 500 Kallaugher and associates Scott adoptions in cooperation with the Campbell and Caroline Emerton. Alliance for Children’s Rights. These adoptions often involve Friends of the Lancaster Centre. children who have lingered in the Friends of the Lancaster Centre is foster care system for several part of a nonprofit group formed years while waiting to have their adoptions finalized. In 2005, in 2002 which provides facilities to Los Angeles associate Brad Helms a variety of volunteer and Latham attorneys and summer assists with the adoption of a child in nonprofit organizations which, in associates assisted in finalizing foster care turn, provide needed services to more than 50 adoptions.

Latham & Watkins • 2005 Pro Bono Annual Review 13 Human Rights & Refugee Practice

Over the last several years, Latham & Watkins has developed a premier human rights and refugee practice, with particular emphasis on addressing the plight of unaccompanied refugee children.

Latham continues to represent dozens of individual refugees each year, and has expanded the practice to include projects such as compliance reviews of immigration detention centers, working to improve the standards of detention of minors awaiting immigration proceedings, and representing asylum seekers around the world. Scores of attorneys from several of the firm’s offices participate in this practice and coordinate strategy and information on legal developments and case issues.

Human Trafficking Report US, the demographics and root causes of human trafficking, efforts to combat trafficking and assist A multi-office team of Latham attorneys, in victims, and public awareness of the problem of partnership with the Women’s Commission for human trafficking. The report is expected to be Refugee Women and Children, worked together to published in 2006. draft a report on human trafficking in the United States. The project involved extensive research on The Latham team includes Silicon Valley associates the state of human trafficking and its impact in the Signe Holmbeck, Joann Liao and Lauren Walz, and US, including interviews with service providers summer associates Laura Boysen, Soo-Jean Chi and and government officials. Kevin Mosher, San Francisco associates Randy Kim, Xochitl Arteaga, Karli Sager and Jeannie Lee, and The report explores many areas of the human Washington, D.C. of counsel Steve Schulman and trafficking problem, including laws pertaining to the associates Nicole Thorpe and Jessica Hafer. protection of refugees and trafficked persons in the

Discrimination Against a High the cost of counseling and help development to the Watts School Student. Los Angeles fund a college education for the community, which has been partner Wayne Flick and associates teenager, and a commitment from economically blighted since the Yury Kapgan, Liv Tabari, Alex the school district to expand its Watts Riots in the 1960s. Revenue Roje and Asha Muldro along anti-discrimination/anti-harassment from the theater will support a

Office Highlights with paralegal Joel Shields, training and education programs. training and education center represented a Jewish high school which will provide apprenticeship student who, because of his Watts Cinema & Education Center. opportunities to youth in religion, was harassed and Partner Susan Azad is representing surrounding areas to facilitate their discriminated against by his high Watts Cinema and Education entry into jobs in the film school baseball coach. After Center, a nonprofit public benefit production industry. In addition, informal efforts to address the corporation, in the development of WattStar’s facilities will be able to issues with the coach and school the WattStar, a first-run movie transmit educational programs to were unsuccessful, Latham filed theater and training and education neighboring schools and housing lawsuits against the school district center to be located in the projects. Associate Shannon Paresa and the coach individually. Both depressed Watts area of Los provided tax advice to the project. cases settled favorably, resulting in Angeles. This pioneering project a cash payment which will cover will bring much-needed

14 Latham & Watkins • 2005 Pro Bono Annual Review Ensuring Compliance with Individual Asylum Claims Detention Standards The firm’s human rights and refugee practice continues In the summer of 2005, roughly 50 Latham attorneys to have at its core the representation of individual and summer associates from several US offices refugees seeking asylum in the United States. The continued the firm’s participation in the American pages of this report are replete with stories of refugees Bar Association (ABA) Detention Center Delegation from countries spanning the globe, including, among Project, helping to ensure that facilities housing others, Angola, Armenia, Cameroon, Colombia, Cote federal immigration detainees are implementing and d’Ivoire, Democratic Republic of the Congo, Ethiopia, maintaining the Detention Standards agreed upon by El Salvador, Fiji, Ghana, Guatemala, Guinea, Honduras, the Department of Homeland Security (DHS) and the Somalia, Tanzania, Turkey and Zimbabwe. ABA. The Detention Standards establish a variety of criteria for DHS detention centers, including access to A Rare Grant of Asylum in Japan counsel, consulates, legal services organizations and a library with basic immigration and other legal materials. In addition to our thriving US practice, our asylum practice also includes Japan, where our Tokyo Delegations of partners, associates and summer attorneys successfully represented a 26-year-old associates, led nationally by Chicago associate Leslie asylum seeker from the Democratic Republic of the Rosen and locally with assistance from Allison O’Neill Congo whose original request for refugee status had and Nicholas Gorga in Chicago, Courtney Vaudreuil in been rejected by the Japanese Immigration Bureau. Los Angeles, Kristi Midboe Miller in New Jersey, Lana Led by partner Hisao Hirose and of counsel Joseph Morton-Owens in Orange County and Rebecca Kim, Latham achieved a rare success in Japan — Malcolm and Allyson McKenzie in Washington, D.C., our client was one of only a few applicants granted toured facilities housing undocumented aliens awaiting asylum in Japan in 2005.  resolution of their immigration status, and interviewed detainees and detention center staff about the conditions of confinement. This multi-office project I will never forget our client’s resulted in a comprehensive report to the ABA Commission, which then presented this and other great joy after he was reports to DHS in the continuing effort to protect the ‘‘ granted asylum in Japan. It’s basic legal rights of, and improve conditions for, federal an honor to be able to provide immigration detainees. first-class legal services to pro bono clients as well as our commercial clients.” — Hisao Hirose Partner in the Tokyo office

AIDS Project Los Angeles. AIDS advised APLA regarding a Homelessness Prevention Project. Office Highlights Project Los Angeles (APLA), one of number of corporate and litigation In coordination with Public the United States’ largest AIDS matters. In 2005, Latham assisted Counsel’s Homelessness Prevention service organizations, provides APLA with redrafting its bylaws Project, Latham represents several direct services to men, women and and partner Jeff Haber and clients attempting to clear their children living with HIV and AIDS, associates Brian Fox and Jennifer path to employment and regain as well as prevention publications, Blair successfully represented their ability to support themselves education programs and APLA in connection with a and their families. For example, community forums. Latham has dispute with one of its landlords. associate Jeanne Berges, under the supervision of partner Manny St. Joseph Center Presents Latham with Abascal and associate Jim Community Service Award Dillavou, assisted a young homeless woman seeking to obtain St. Joseph Center presented Latham & Watkins with its Community Service Award in recognition of the extensive pro bono contributions the firm’s Los her occupational license as a Angeles attorneys provided to help the Center through an entitlement process vocational nurse. Our client had for its new facilities. St. Joseph Center provides emergency services, childcare, recently moved into a transitional job training and senior services to 7,000 people each year through programs on shelter with her two small children, eight sites in the Los Angeles area. and her nursing license was denied

Latham & Watkins • 2005 Pro Bono Annual Review 15 Latham attorneys have showered their exceptional talent and support “upon the Inner City Law Center. I can't even

Office Highlights imagine where we would be without them.” — Thomas A. Freiberg, Jr. Board President, Inner City Law Center

due to two prior misdemeanor associates Lisa Weinberger, May indicated that our client was not forgery convictions. Jeanne Chan, George Avila and Lindsey involved in the shooting, and other presented a compelling story on Drake, paralegals Ane Priester and witnesses whose statements our client’s background to the Joseph Palombi, Land Use Project undermined the eyewitness Deputy Attorney General and the Manager David Thompson, and identification of our client. In three nursing board, explaining that our summer associates Scott Lawrence, habeas corpus petitions and during client had been under the control of Rebecca Torres and Bethany Turke. an eight-day evidentiary hearing, an abusive husband who forced her Bob, along with partner Marcus to commit petty theft to help feed Habeas Appeal for Wrongly McDaniel and associate Ian his drug abuse. As a result, the Convicted Youth. In 1997, our Graham, argued that the trial board decided to grant our client client, a 16-year-old with no record counsel had failed to conduct a her license under a probationary of gang affiliation and no criminal timely or reasonably thorough period. With her nursing license, record, was convicted of murder investigation, failed to call our client will now be able to earn and attempted murder stemming witnesses who could have provided a living wage that will allow her from a gang-related shooting in Los exculpatory evidence, failed to to take care of herself and her two Angeles. Despite eyewitness adequately cross-examine small children. statements and ballistics evidence witnesses and failed to point out to confirming that there were only the jury that our client is right- The Latino Theater Company. two guns fired, and overwhelming handed. After seven years of In the face of stiff competition, evidence that the two shooters advocacy by Latham attorneys, the Latham secured unanimous were known gang members, the California Court of Appeal approval from the Los Angeles City District Attorney’s office tried three concluded in 2005 that these errors Council on a fully negotiated 20- people for the crimes, including our and omissions had deprived our year lease of the city-owned Los client. Only one witness testified client of a fair trial, vacating his Angeles Theatre Center (LATC) to that he “looked like” the shooter, conviction in its entirety. The state our nonprofit client, the Latino who was seen firing a gun with his has appealed. Theater Company. Led by partners left hand. Our client is right- Edith Perez and Don Baker, the handed. team’s success will result in the re- opening of the LATC, a federally In 1999, Juvenile Hall chaplain registered historic building in Sister Janet Harris brought our downtown Los Angeles. In addition client’s case to the attention of Los to providing space for live theater Angeles of counsel Bob Long. and dance performance and Latham investigated the conviction production, the LATC also will and quickly recognized numerous serve as the permanent home for problems, including the exhibitions of the Latino Museum. performance of our client’s trial Sister Janet Harris and Los Angeles The Latham team included counsel, new witnesses who associate Ian Graham discuss the habeas appeal of a convicted youth

16 Latham & Watkins • 2005 Pro Bono Annual Review Moscow Anti-Defamation League Presents Award to Bob Dell

AIDS Foundation East-West. Since On May 9, the Anti-Defamation League 2002, the Moscow office has been (ADL) honored Latham & Watkins Chairman and Managing Partner Bob working on a number of pro bono Dell with its Distinguished projects with AIDS Foundation Jurisprudence Award, given to East-West (AFEW), an members of the legal community who have exhibited humanitarian concerns international, non-governmental and whose actions exemplify the humanitarian public health ADL’s mission. Among other organization whose mission is to accomplishments noted by the ADL, Bob has been instrumental in the make a major contribution toward growth and development of Latham’s Paul Dawes presents Bob Dell with the reducing the impact of HIV/AIDS pro bono program. ADL’s Distinguished Jurisprudence Award in Eastern Europe and Central Asia. AFEW takes innovative and proactive steps in developing, Tepikina, under the supervision of included associates Eric implementing and promoting tools associates Wendy Atrokhov and Westenberger and Jonathan for effective HIV/AIDS prevention Alexei Novozhilov, assisted FORO Peck and legal secretary Tania and treatment designed for the with these matters. Corbacho, who provided specific conditions in its target invaluable foreign language countries. Most recently, Latham New Jersey support. has advised on the impact of a new Russian law on non-governmental Returning an Abducted Child. Detained in Transit. Under the organizations and provided advice In a case referred by the National supervision of New Jersey partner on tax issues in connection with Center for Missing & Exploited Alan Kraus and associate Michael grants extended by AFEW. These Children, Latham assisted a Macmanus, New Jersey associate projects were handled by Moscow Mexican woman whose six-year- Kellie Ortega and New York of counsel Lev Simkin and old son was abducted from her associate Oded Mizrahi associate Igor Sosnovsky. lawful custody by the child’s father represented a minor from the and brought to New Jersey. Democratic Republic of the Congo Friends of Russian Orphans. Initially, Latham filed a federal who was detained in Newark Friends of Russian Orphans court petition for return of the child International Airport en route to (FORO) is a charitable organization pursuant to international child join her family in Canada. Using an dedicated to aiding orphans in the abduction statutes. The father, age determination technique Arkhangelsk region and elsewhere however, again disappeared. disavowed by the majority of the in Russia. FORO’s mission is to Through the use of a private medical community, a dentist at the provide programs in Russian investigator, the team tracked the airport examined our 16-year-old orphanages that will improve the father to Staten Island, filed a client’s wrists and teeth and lives of the growing number of petition in New York State Family determined her to be older than disadvantaged children in the Court and, after a hearing, 18 years of age. Based upon this region, helping the orphans to obtained an order to have the child incorrect age determination, our become healthy, productive and the father taken into custody client was held in an adult Russian citizens. Latham advised pending the outcome of a petition detention center for nearly two FORO regarding certain banking to enforce our client’s foreign child years while her claim for asylum issues and procedures in Russia as custody order. Following the order, was denied. Latham appealed the well as on new Russian laws the father agreed to return the case to the US Court of Appeals for regulating foreign non- child to his mother. Under the the Third Circuit and applied on governmental organizations. supervision of New Jersey of her behalf for permanent residence Moscow associate Alessia counsel Joe Hopkins, the team in Canada, a process rarely granted

Latham & Watkins • 2005 Pro Bono Annual Review 17 assistance to those seeking Latham Adoption Initiative Honored by MFY Legal Services independence from their abusers. As part of New York State Chief Judge Judith Kaye’s “Adoption Now” initiative, Through the VAWA program, New Latham’s New York attorneys work in partnership with Pfizer, Inc. and MFY Legal Services to provide legal representation to low-income parents seeking to adopt York attorneys and summer foster care children. associates prepare and file VAWA

Office Highlights Under the coordination of partner Michele Penzer and associates Rob Lia, self-petitions on behalf of Bonnie Schreiber and Jessica Woodhouse, more than 20 adoptions were immigrant women. successfully handled by Latham attorneys, paralegals and summer associates in the New York office in 2005. Associate Alison DeGregorio In October, MFY Legal Services honored participating attorneys at its “Scales of joined her VAWA client, a Polish Justice” awards ceremony, including 68 current and former Latham attorneys, for immigrant, who spoke at a rally helping with foster care adoptions. on Capitol Hill in support of immigration reforms. Summer associate Beatriz Ivanova-Loaisiga also attended the rally. Our client bravely spoke about how she by the Canadian government. before the New Jersey Superior finally found the courage to leave Ultimately, her application for Court, Appellate Division, in her abusive husband and how permanent residence in Canada support of the arguments. During profoundly she misses her five- was granted. The team then the proceedings, New Jersey year-old daughter, who remains in worked with the detention center passed legislation requiring that all Poland. Under the current system, and the Department of Justice to DRE voting machines be retrofitted families seeking immigration relief arrange for our client to finally re- to include a voter-verified paper often remain separated for several join her family in Canada. record to be used in the event of a years before being reunited. recount. Voting Rights. Latham filed an amicus curiae brief and New York participated in oral argument in support of a challenge to the use of Protecting Women from Domestic certain Direct Recording Electronic Violence. Under the Violence (DRE) voting machines in New Against Women Act (VAWA), Jersey. Because it was impossible to immigrant women who are married perform a meaningful recount of to US citizens or permanent votes cast on the machines, the use residents and who have been of such DRE machines violated the subject to physical abuse or New Jersey constitution and extreme cruelty by their spouses election laws. New Jersey can petition to obtain residency independent from their abusers,

associates Michael Macmanus and Stratton Photo: Tracy Jason Rockwell, paralegal Suzanne freeing them from their Christel and Silicon Valley dependence on their abusive New York associate Alison DeGregorio, Cuc Vu associate Lauren Walz, supervised spouses. Our New York attorneys from the Service Employees International Union, have established a partnership with client Dorota Szewczyk and summer associate by Washington, D.C. partner Rick Beatriz Ivanova-Loaisiga at an immigration Bress, prepared the amicus brief. Sanctuary for Families, a nonprofit reform rally in Washington, D.C. With support from partner Alan organization that helps women and Kraus and associate Daina Borteck, children who are victims of Jason participated in oral argument domestic violence, to provide legal

18 Latham & Watkins • 2005 Pro Bono Annual Review resolving various legal issues I am deeply grateful for designed to ensure that Riverdale Latham’s compassion, and Osborne Towers will be preserved as affordable housing for ‘‘ professionalism and empathy. hundreds of low-income individuals and families. You helped awaken a new life in me in a society that respects me and values me as NYC2012 Olympic Bid. Partner Kirk Davenport and associate a human being.” Michael Kuh headed up a team of — Asylum client from Colombia attorneys providing legal counsel to New York City’s bid to host the 2012 Olympic Games. Of counsel Puerto Rican Legal Defense Fund. standards.” Latham has Jeff Tochner and associate Alison Partner Blair Connelly and represented the ACLU in this DeGregorio took the lead associates Juan Gonzalez and matter since the late 1990s, when negotiating complex intellectual Andrew Warren represent the the team first obtained a property agreements related to use Puerto Rican Legal Defense Fund preliminary injunction against the of the Olympic mark and related (PRLDF) in a federal court action statute on First Amendment properties, while associate Oded against the Town of Brookhaven grounds. The US Supreme Court Mizrahi researched international and Suffolk County alleging civil upheld the preliminary injunction law issues involving International rights and fair housing violations. in 2005. The case is now back Olympic Committee (IOC) As part of the town’s crackdown on before the district court, and agreements. Tim Hia and Sharon undocumented day laborers who Latham is preparing for trial on Lau of the Singapore office offered often live in overcrowded houses, the issue of whether COPA should guidance to the NYC2012 team as Brookhaven used ex parte orders be permanently enjoined. Partner they prepared for the New York from the NY State Supreme Court Chris Harris leads the First delegation’s trip to Singapore for to evict these primarily Latino Amendment team, which has the meeting of the IOC. individuals without prior notice or included associates Michele Pyle, an opportunity to be heard. PRLDF Mark Goldberg, Joe Widman, successfully obtained a preliminary Katharine Marshall, Jeroen van injunction against this unfair and Kwawegen, Elan Dobbs, Addison discriminatory practice and the Golladay, Stevie Laughlin and team is currently working to uphold Ben Sahl. that injunction against various legal challenges. Section Eight Housing. The Riverdale and Osborne Towers Freedom of Speech in Housing Development Fund Cyberspace. Latham worked with Corporations are two not-for-profit the American Civil Liberties corporations developed in the Union (ACLU) in a constitutional 1960s which operate Section Eight challenge to the Child Online housing developments in Brooklyn, Protection Act (COPA), a federal New York. Partner Bob Kennedy law that criminalizes the sending and associates Dennis Craythorn,

to minors, via the World Wide Margaret Sarratt and Jennifer New York associate Michael Kuh and Web, materials that may be Sperling are advising Riverdale NYC2012 delegate Senator Hillary deemed “harmful” according to and Osborne Towers on Rodham Clinton of New York at the NYC2012 host city announcement vague “contemporary community reconstituting their Boards and viewing

Latham & Watkins • 2005 Pro Bono Annual Review 19 Education and Health in Northern Virginia Orange County South Africa. Since 1999, Latham has represented Ubuntu Education Legal Assistance to Resources for Victims of Domestic Fund, a nonprofit organization Servicemembers. Northern Violence. Human Options is an dedicated to working with the Virginia associate Greg Harris is Orange County-based organization

Office Highlights people of the Eastern Cape working with the Clinic for Legal providing services to battered Province of South Africa to develop Assistance to Servicemembers at women and their families through, quality education and healthy George Mason University School of among other things, an emergency communities in the new South Law in the representation of a US shelter, transitional housing and a Africa. In 2005, Latham assisted Army sergeant who faced identity community resource center. Partner Ubuntu in the preparation of its theft and billing dispute issues Linda Schilling, associates Michele first employee manual, the filing of stemming from the misuse of his Johnson, Lana Morton-Owens and petitions for immigrant visas for cellular phone account while he Nicole Vanderlaan Smith, and South African employees and the was deployed in Iraq. The billing paralegal Marian Pritchard worked execution of a collaboration dispute has been resolved and the with Human Options to identify the agreement. The Ubuntu team person who improperly used the legal needs of domestic violence includes New York partner Bill phone services has agreed to make victims and to assess the volume of Voge, associates Eric Newcomer, restitution payments to the such needs in Orange County. Tim Pitrelli and Ingrid Waldman, sergeant and his family. The team simultaneously worked summer associate Donna Bunbury Student Radio Board. Partner with Chapman Law School in an and London associate Clare Kevin Boyle and associate Eric effort to establish a domestic Kipping, who assisted on various Andrews represent Northern violence legal clinic. The goal of UK general corporate and tax Michigan University and its this clinic will be to address the matters. Student Radio Board, advising legal needs identified, in part,

Shelter for the Homeless. Sister them on general FCC compliance through dialogues with area Marion Agnes Daniel, an 82-year- issues and reporting requirements resources for domestic violence old Roman Catholic nun, recently in connection with the operation of victims. worked with Latham attorneys to WUPX-FM, the university’s close an unusual real estate deal. student-run radio station. Over the course of eight years, Sister Marion and Nazareth Housing worked to transform a crumbling parish school on the Lower East Side into a residence for 15 homeless families. Partner Jamie Hisiger and associate Dara Denberg crafted the complicated leasing agreements involved in this transaction, which culminated with the December 2005 dedication of the freshly renovated “Marion Agnes House.” Marion Agnes House for homeless families in New York City

20 Latham & Watkins • 2005 Pro Bono Annual Review handled by associates Battling Housing George du Pont, Andres Alvarez, Adam Burk, Alexa Klein and Discrimination Margaret Sarratt, Latham represented a family subjected to harassment and For the past year, Latham & Watkins has worked with HELP Project coordinators Kurt Rogers, Andres USA’s Fair Housing Justice Center (FHJC), in a partnership discrimination by their Alvarez, FHJC Legal Director Pamela Sah, David Brodsky, FHJC Executive arranged through New York Lawyers for the Public Interest, landlord because of the Director Diane Houk and John Arden to combat housing discrimination in the New York race and ethnicity of metropolitan area. their houseguests, including racial slurs, threats and physical intimidation, and The FHJC takes walk-in discrimination cases and conducts a notice terminating the tenancy. In another matter, the

investigations into rental practices, real estate sales, lending team negotiated a settlement before the New York StateOffice Office Highlights and other housing-related services to identify and document Commission on Human Rights on behalf of a victim of unlawful discrimination. Testing, through strategic use of housing discrimination based on age, sex and marital status. actors posing as potential renters, is conducted in response to complaints, as well as based on systemic investigations As another example, associate Meaghan Chmura assisted a developed and implemented by the FHJC. family whose application for subsidized housing was denied because of physical and mental disabilities. Having filed a Latham attorneys represent victims of housing discrimination housing discrimination complaint with the US Department referred by the FHJC and receive training, mentoring and of Housing and Urban Development, Latham resolved the support from the FHJC in ongoing matters. matter through supervised conciliation. Associates Courtney Oliva, Margaret Sarratt and John Arden also made Under the supervision of New York partners David Brodsky important contributions to the housing discrimination project and Kurt Rogers, several Latham attorneys participate in the in 2005.  battle against housing discrimination. In a recent case

Because of our partnership with Latham, we were able to open our doors in 2005 and immediately begin to provide high-quality fair housing legal services to victims of ‘‘ discrimination throughout the New York metro area.” — Diane L. Houk Executive Director, Fair Housing Justice Center Diane Houk and associate Andres Alvarez discuss housing matters Office Highlights ROCK Orange County. Latham instrumental in raising funds for 10 South Coast Children’s Society. attorneys provided corporate, children’s charities. Partners Jonn South Coast Children’s Society employment and contract Beeson and Joseph Farrell and (SCCS) is a nonprofit organization representation for Run for Orange paralegal Sally Burns negotiated that provides care and treatment to County Kids (ROCK), the vendor contracts and employment abused and neglected children at organization that sponsors and agreements for ROCK and several facilities throughout produces the Orange County provided various corporate advice Orange County. The landlord at Marathon and a related two-day and nonprofit compliance one of these facilities sought to health and fitness expo. With more representation. evict SCCS and terminate its long- than 10,000 participants, the term leasehold interest, worth more Orange County Marathon has been than $1 million, alleging that the

Latham & Watkins • 2005 Pro Bono Annual Review 21 Justice for Immigrants in the Post-9/11 World

Four years after the attacks of September 11, 2001, the United States continues to grapple with legal issues related to individual rights in the context of the battle against terrorism. The case of Ibrahim Parlak exemplifies the real-life conflicts that develop when individual rights clash with government vigilance.

Ibrahim Parlak is a Turkish Kurd who was tortured and same facts on imprisoned in Turkey in the 1980s for his participation which the INS in the Kurdish rights movement. Since the Immigration had granted him and Naturalization Service (INS) granted Mr. Parlak asylum in 1992. asylum in 1992, he has resided in the US, building a In July 2004, successful restaurant business in Michigan. He is also DHS arrested the proud father of a seven-year-old American Mr. Parlak, daughter and is beloved by his community. labeled him a terrorist and Top: Ibrahim Parlak reunited with his friend and daughter Bottom: Ibrahim’s neighbors welcome him home Beginning in 2002, 10 years after Mr. Parlak was held him without granted asylum and shortly after September 11, the bail based upon newly established Department of Homeland Security his activities (DHS) sought to deport Mr. Parlak on the basis of the prior to coming to the United States. In difficult times, when great caution is necessary, mistakes can be made. But I am thankful that in America we have a justice system to ‘‘ correct these mistakes. I am also thankful that I do not have to face my struggle alone.” — Ibrahim Parlak Restaurant owner

lease had been assigned to SCCS Camp Okizu. Orange County fishing, swimming and irrigation of without the landlord’s prior written partner Paul Singarella and its playing fields, were challenged consent as required by an associate Shanda Beltran represent by local farmers and operators of a undisclosed lease addendum. Camp Okizu, a summer camp for downstream recreational reservoir. Orange County associates Jordan children stricken with cancer, in Through years of negotiation Kushner and Matthew Cooper, securing necessary permits from regarding the permit terms and assisted by partner Joseph Farrell, the California State Water environmental review, Latham was Office Highlights represented SCCS in the matter Resources Control Board. The instrumental in resolving disputes and obtained a favorable proposed water permits, which regarding the Camp’s water settlement just as a trial in the case would allow the Camp to continue permits, and continues to assist was set to begin. diverting water from an adjacent with the permitting procedure. creek to small storage ponds for

22 Latham & Watkins • 2005 Pro Bono Annual Review Chicago partner David Foster along with associates Jay There can be Marhoefer and Cindy Sobel took the case on a pro bono basis, joined by other attorneys working pro bono few things more or on a reduced-fee basis including a former US ‘‘ rewarding than Attorney, a former special counsel to the FBI’s counter- seeing a seven-year-old terrorism unit and leading immigration and civil rights girl, who has spent the last attorneys. 10 months visiting her The case quickly turned into one of the most widely father for only 20 minutes followed individual rights cases in the post-9/11 world, each week through a and sparked national debate on the enforcement of US sheet of thick glass in jail, jump into immigration laws in this new environment. Mr. Parlak’s his arms and walk with him into the two-day deportation hearing in December 2004 received light of freedom, and knowing that I extensive local and national media attention, including a cover story in The New York Times Magazine and an was a part of that.” interview on ABC-TV’s “Nightline.” The immigration — Jay Marhoefer judge eventually ruled against Mr. Parlak in his Associate in the Chicago office deportation case. Latham appealed the case to the Board of Immigration Appeals (BIA), outlining dozens of errors of fact and law in the immigration judge’s decision. The BIA denied relief, and Latham has appealed to the Sixth Circuit Court of Appeals. The case is currently before the Sixth Circuit, where Mr. Parlak is appealing the deportation order and the In May 2005, Latham obtained a habeas corpus order government is appealing Mr. Parlak’s release. On holding that the government was violating Mr. another front, Mr. Parlak’s many supporters have Parlak’s constitutional rights by detaining him without galvanized a movement, “Ibrahim for Citizen,” the bond while the fight against his deportation goal of which is to pass a private bill in Congress that continued. The habeas challenge emphasized that a will confer citizenship upon Mr. Parlak. His supporters model immigrant like Mr. Parlak could not be have collected hundreds of affidavits attesting to his detained indefinitely while his immigration appeals qualifications to become a US citizen, and Michigan were pending, particularly when no evidence existed Senator Carl Levin and Representative Fred Upton that he was a threat or flight risk. In June 2005, Mr. introduced the bill in Congress, which under Parlak was finally released on bail and reunited with administrative procedures has resulted in a stay of his family after more than 10 months in jail. When Mr. Mr. Parlak’s potential deportation until at least Parlak returned home, supporters gathered at his February 2007.  restaurant to give the Kurdish immigrant a warm welcome, greeting him with cheers, hugs and tears.

Right to a Fair Asylum Hearing. one-sentence order. A team of psychosis, lacks the ability to focus

Despite the request of a 17-year-old Latham attorneys, led by Orange or concentrate and has severely Office Highlights immigrant for the opportunity to County associate Chris Campbell disturbed thought processes, the obtain an attorney in connection and including associates Lana team argued that our client had with his removal proceedings, Morton-Owens and Sondra been denied due process, including an immigration judge proceeded Hickey, appealed the case to the in connection with his request for without an attorney and denied Ninth Circuit Court of Appeals and representation. The BIA agreed, the boy’s asylum application. The separately moved to reopen the holding that the immigration judge Midwest Immigrant & Human case with the BIA based upon abused her discretion in several Rights Center appealed the case to newly discovered evidence. Citing respects, and remanded the case the Board of Immigration Appeals a new psychological evaluation for a new merits hearing. (BIA), which affirmed the concluding that our client suffers immigration judge’s decision in a from major depression and

Latham & Watkins • 2005 Pro Bono Annual Review 23 Latham Honored by Human Rights First

Latham & Watkins was honored by Human Rights First (formerly the Lawyers Committee for Human Rights) as a recipient of the Marvin Frankel Award for the firm’s commitment to safeguarding the rights of refugees Office Highlights through pro bono representation. Latham has handled 58 asylum cases referred by Human Rights First since 1991.

Right: Steve Schulman, Claudia O'Brien and Rick Bernthal accept the Marvin Frankel Award from HRF President Michael Posner and HRF Washington Director Elisa Massimino

Asylum for a Jehovah’s Witness. and drafting and negotiating a Lions Club Foundation. Paris of Orange County associate Chris private donor sponsorship counsel Cécile Amigues and Campbell, under the supervision of agreement and intellectual associate Jérôme Barzun represent former of counsel Allan Litovsky, property agreements. Lions Club Foundation, an obtained asylum for a woman from international nonprofit charitable Armenia. Our client had suffered The stainless steel memorial organization known for its life-threatening physical violence entitled Les Braves (“The Heroes”), commitment to blindness by a paramilitary organization, was which stands 9 by 15 meters and prevention and its actions to help denied police protection and even weighs 15 tons, now pays tribute to the visually impaired as well as basic medical assistance by state- the courage of the American forces other forms of community owned hospitals, was fired from her who landed in Normandy in 1944. involvement. In 2005, Latham government job and suffered The monument is set on the beach advised the Foundation in physical violence at the hands of at a strategic point where, at high connection with a project to build her husband, all because of her tide, the base of the sculpture is medically tailored homes in France religious beliefs as a Jehovah’s submerged in water, producing a for disabled children. Witness. spectacular effect. Latham continues to advise our client in San Diego Paris matters before the Paris Commercial Court. Asylum for a Somali Refugee. Les Braves. French sculptress San Diego associates Tom Getz and Anilore Banon was given Drew Gardiner successfully authorization to mount a memorial obtained asylum for a 28-year-old sculpture on Omaha Beach as part Somali refugee, whose case was of the 60th anniversary referred to the firm by Casa commemoration of the Normandy Cornelia Law Center. After civil Landing by the Committee for the war engulfed Somalia in 1991, our Normandy Landing (Comité du client, a member of a minority clan, Débarquement) as well as by was at the mercy of the oppressive French and American authorities. Habr Gedir majority clan. Our Paris partners Valérie Bouaziz client’s parents were brutally Torron and Mark Beckett and murdered while fighting to protect associates Jérôme Barzun and their home. Over the next eight Julien Soisson advised Ms. Banon Les Braves memorial at Omaha Beach, years, our client was kidnapped on on the creation of a company to Normandy three separate occasions and forced finance the project, including to work as a slave for 16-20 hours a assisting with company formation day under the threat of death. His

24 Latham & Watkins • 2005 Pro Bono Annual Review captors repeatedly shot, stabbed and feel more comfortable being and politics work. San Diego and tortured him. In late 2004, he around others who are in similar partners David Boatwright and escaped captivity and made his circumstances. Latham represents Chris Garrett, associate Tiffany way to the United States. the Monarch School Project in Barzal and Land Use Analyst Clif connection with the acquisition of Williams represent Junior The ManKind Project. The its existing facility in downtown Achievement in this matter. ManKind Project offers training for San Diego to expand and enhance men in developing lives of integrity, the school’s capacity and the San Francisco accountability and connection to quantity and quality of its feeling. Its goal is to challenge men programs. San Diego partners Outward Bound Corporate to develop their abilities as leaders, David Boatwright and Mark Reorganization. Latham completed fathers and elders in service to the Pulliam and associate Stephanie an extensive corporate affiliation world. San Diego partner Joel Kuhlen represent Monarch in this transaction for Outward Bound Mack and associates Agnes endeavor. USA, a nonprofit educational Gesiko, Adam O’Farrell and Marc organization with five core Halpern assisted the ManKind QuestBridge. QuestBridge is a programs that build teams, Project with a broad range of legal program that links bright, transform schools and change lives. issues including corporate motivated low-income students A team of Latham corporate governance, tax, intellectual with educational and scholarship attorneys led by San Francisco property, contracts, insurance and opportunities at top colleges. San partner Brad Bugdanowitz and risk management, and internal Diego associates Steve Chinowsky including associates Errol Hunter investigation support. Over the past and Tony Mauriello assisted and Jude Egan and Project two years, attorneys from several QuestBridge in updating its Web Assistant Matt Stevenson, guided Latham offices in the United States site to comply with California the organization through a and Europe have assisted with this Internet privacy laws, including transaction consisting of the project. drafting the organization’s “Terms affiliation of six previously of Use” and “Privacy Policy.” In independent chartered schools The Monarch School Project. The addition, the team drafted non- across the United States with the Monarch School Project provides disclosure and business agreements parent entity Outward Bound, Inc. funding for the extraordinary and for QuestBridge. The reorganization allows the special needs of students of the schools to operate under a single Monarch School, a public magnet Junior Achievement and Enterprise management structure, share school for homeless K-12 students Village. Junior Achievement of San resources and administrative located in downtown San Diego. Diego is a nonprofit organization services and move forward in a Although the No Child Left Behind that educates K-12 students about more streamlined and coordinated Act makes these types of schools American economics, free way. The project was overseen by illegal, the Monarch School is one enterprise and business. Latham Los Angeles partner Andy of four exceptions to the law, all of serves as counsel for Junior Lundberg and received assistance which are beta sites that will be Achievement in connection with its from San Francisco partner James reviewed by Congress in coming acquisition of a new facility that Dutro on the structuring of the years to determine if magnet will be used as its headquarters transaction, with tax advice schools for homeless children are and will house Enterprise Village, provided by Chicago partner Bob effective. The teachers and a virtual town in which seventh Goldman and associate Julie administrators of the Monarch graders from different school Marion. School have found that many districts across San Diego will come homeless children will not attend for a day to assume town political regular public schools because of and business roles to gain a hands- the perceived stigma of their status, on understanding of how business

Latham & Watkins • 2005 Pro Bono Annual Review 25 Disaster Recovery Work

The past few years have seen their share of natural disasters, from the California wildfires and the South Asian tsunami to Hurricanes Katrina and Rita on the United States Gulf Coast. These devastating events call for compassion, charity and community support, as well as innovative solutions to challenging legal issues.

Hurricane Katrina Initiatives The Advancement Project. Washington, D.C. associates Joel Israel, Abena Glasgow, Michael Latham personnel contributed in excess of $815,000 to Ponzoli, Teneille Brown, Ahmad Nassar and Ron Lee more than 115 organizations aiding relief efforts in the assisted the Advancement Project in ensuring that wake of Hurricane Katrina. Through a firm-wide New Orleans tenants displaced after Hurricane Katrina initiative announced soon after Katrina struck the US will be afforded proper notice before being evicted and Gulf Coast region in August 2005, the firm instituted a having their possessions removed by landlords. The program that matched employee donations dollar-for- Advancement Project secured a settlement with FEMA dollar. The firm kicked off the program with an initial affording tenants 45 days notice before eviction, after pledge of $200,000, which was followed by more than local authorities originally had planned to give tenants half a million dollars in attorney and staff donations just three days notice. Pursuant to the settlement, and matching funds. Latham personnel contributed to FEMA also is required to provide information on the the charities of their choice, resulting in support to a whereabouts of all evictees and courts must send wide variety of charitable organizations, while the evictees notice by mail. firm’s contributions supported organizations such as the Red Cross and Habitat for Humanity. The Five Friends and Brothers Foundation. New York associates James Van Doren, Jude Gorman and Eli As part of the firm’s matching contributions, Latham is Hunt, under the supervision of partner David Allinson, funding two Katrina-related fellowships: (1) an Equal provided general corporate advice to and assisted with Justice Works Disaster Relief Fellow who will be on the nonprofit incorporation of The Five Friends and the ground in the Gulf Coast region for two years, Brothers Foundation. The organization was formed to providing critical legal assistance as part of the relief fund and organize relief efforts for homeless shelters effort, and (2) a Latham & Watkins Fellow with the and youth homes in New Orleans, as well as fund Lawyers Committee for Civil Rights focused on offices and infrastructure for smaller nonprofits in the hurricane relief efforts. It is hoped that these fellows New Orleans area and other nonprofit and charitable will be able to provide assistance and relief to institutions in southern Louisiana. The Foundation countless residents of the Gulf Coast region. targets smaller, less-well-known charitable and nonprofit organizations in the Gulf Area largely Support for those affected by the disaster also overlooked by relief organizations. was given on several other fronts, including the following initiatives.

AIDS Legal Referral Panel. In 2005, proceedings on behalf of two the US under the Violence Against the San Francisco office initiated a clients, and associates Sam Lutz Women Act (VAWA). Partnering pro bono partnership with the AIDS and Carrie Taubman, with with Asian Pacific Islander Legal Legal Referral Panel, one of the assistance from partner Jim Lynch, Outreach, our San Francisco oldest organizations in the US are taking the lead on a Rent attorneys work with domestic dedicated to providing direct legal Stabilization Board appeal referred violence victims to prepare services to individuals with HIV by the Panel. declarations and affidavits and Office Highlights and AIDS. Partners Chris Yates and assemble documentary evidence in Bob Sims and associates Sarah Ray, Assisting Immigrant Women. Our support of our clients’ VAWA Melissa Chan, Liz Lamzaki and San Francisco attorneys work with petitions and waiver applications. Rebecca Spain successfully a number of immigrant women Our attorneys have assisted women resolved unlawful detainer eviction seeking to obtain legal residency in from several nations, including

26 Latham & Watkins • 2005 Pro Bono Annual Review Helping Tsunami Victims The world’s most powerful earthquake in more than 40 years struck on December 26, 2004, under the Indian Ocean, triggering massive tsunamis in several countries. As the region moves forward with reconstruction and recovery, efforts are underway to maintain donations and relief. Latham attorneys assisted Unawatuna-Hilfe, a nonprofit organization dedicated to supporting victims of the tsunami in Southern Sri Lanka who lost their families, their homes or the basis for their work, or otherwise severely suffered from the devastating tsunamis. Hamburg associate Christian Meyn and partner Sven Oswald advised Unawatuna-Hilfe in establishing a Mental Health Issues for Young Victims. Chicago partner foundation, provided advice on Tsunami Disaster Relief Juli Marshall and associates Jennifer Reicher Jaffe, Lopa Grants, assisted with the reorganization of its Board, and Patel and Cindy Sobel, and San Francisco partner Jerry continue to advise on various other issues in connection Peters and associate Soleil Teubner are working with the with the operation of a nonprofit organization. Center for the Advancement of Children’s Mental Health at Columbia University, an organization committed to accelerating the acceptance and effective use of proven California Wildfire Assistance interventions that foster children’s emotional and Historically, it takes between three and five years to behavioral health. The Latham team has focused on the recover from a major natural disaster, and the 2003 Center’s involvement with children’s mental health California wildfires which destroyed thousands of homes services for the many young victims of Hurricane Katrina. is no exception. In 2005, a team of Los Angeles attorneys The team is working to ensure that through mechanisms led by partner Ursula Hyman continued to assist various including Medicaid and the Individuals with Disabilities community-based organizations on questions of law Education Act, young Katrina victims receive timely having to do with redevelopment agencies, zoning, screening and appropriate treatment for Post-Traumatic environmental clearance and insurance which impacted Stress Disorder. The team has also undertaken to help the their residents. The team also helped to draft and testify Center become a tax-exempt nonprofit entity distinct on legislation that requires the Governor’s Office of from Columbia University. Emergency Services to work with community-based organizations after a natural disaster. Assisting Katrina Victims. In several offices, Latham attorneys have reached out to victims displaced by In addition, Los Angeles associates Dan Beck and Hurricane Katrina, providing needed services and Jenny Kleinberg, under the supervision of partner referrals. Latham attorneys also are working with local Urusla Hyman, assisted Chabad, a Jewish community legal services organizations in the Gulf Coast region to organization and school in San Diego that lost a school identify and address community needs. facility and a cultural library in the 2003 wildfires. After FEMA denied funding for several portions of the campus and for a large part of the library collection, Latham stepped in to assist with Chabad’s FEMA appeals. 

South Korea, Malaysia and the Parolee Rights and Gubernatorial courts could construe and assess Philippines. Among those who Power. Following our amicus brief gubernatorial parole decisions. Office Highlights have given their time to help these in the Rosenkrantz California Associates Randy Kim, Sadik women obtain legal residency are Supreme Court case, Latham Huseny and Leah Harhay, working San Francisco associates Jarod continued to work with the ACLU with summer associates Micah Buna, Adrian Davis, Ellen Brown, of Northern California in the area Nash and Nithan Sannappa under Erica Grossman, Tienlon Ho, of parolee rights and gubernatorial the supervision of former partner Adrienne Leder, Jeannie Lee, parole power by submitting an Steve Treat, prepared the brief. Marc Lewis, Carrie Taubman, amicus brief in In re Scott, on Melanie Griswold and Hyun Jee behalf of the Voters Corrections In October 2005, the California Son, summer associate June Yi and Reform Coalition, setting forth a Court of Appeal issued its opinion, paralegal Gina Tercero. framework by which California incorporating nearly all of the

Latham & Watkins • 2005 Pro Bono Annual Review 27 Latham Honored by Lawyers’ Committee for Civil Rights

The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (LCCR) presented Latham & Watkins with its “Keta Taylor Colby Award,” which honors an attorney who provides outstanding representation to the poor and under-represented through his or her involvement in LCCR’s Legal Services Clinic.

Office Highlights Although the Keta Taylor Colby Award traditionally honors an individual attorney, this year the LCCR staff overwhelmingly selected the entire firm to receive the award, feeling strongly that all Latham volunteers should be recognized for their ongoing dedication to LCCR. Led by San Francisco partner Charlie Crompton, who has been volunteering at the Clinic for 16 years, more than 25 Latham attorneys currently provide pro bono services through LCCR, including its Legal Photo: dannydanphoto.com Services for Entrepreneurs and Asylum programs as well as the Legal Services Clinic. Charlie Crompton accepting the Keta Taylor Colby Award Latham has often gone above on behalf of the firm and beyond the call of duty in its ‘‘ consistent support of the Legal Services Clinic.” — Diana Tate LCCR Staff Attorney and Clinic Director

major points raised by the amicus LCCR Legal Services Clinic. unpaid staff and a modest grant brief. The court found that the Our San Francisco attorneys from the National Institutes of reliability and reasonableness of continue to regularly participate Health (NIH). When the NIH the evidence proffered by the in the Legal Services Clinic cancelled WiRED’s grant without Executive in denying parole must sponsored by the Lawyers an official decision and ignored its be examined by the courts, Committee for Civil Rights. This appeals for an explanation or reestablishing the courts’ role in clinic helps low-income clients administrative process, its thriving judicial review to ensure due with civil legal needs ranging Kenya program was set to be process in connection with parole from illegal evictions and personal terminated. San Francisco determinations. injury to debt collection and associates Amy Baghdadi and Jude public benefit issues. The Clinic Egan, under the supervision of Hospice by the Bay. Hospice by team includes partners Charlie partner Paul DeMuro, assisted the Bay serves terminally ill Crompton and Chris Yates, and, WiRED in negotiating with the patients, including cancer and among others, associates Randy NIH, ultimately securing enough AIDS patients. San Francisco Kim, Shannon Eagan, Heather bridge funding to keep this partners Jerry Peters and Linda Marlow, Risha Jamison, Xochitl important program running until Inscoe and associates Gregory Arteaga, Melanie Rowen, Jude WiRED can secure alternate Cochran, Betty Pang and Soleil Egan and Tracey Orick. funding sources. Teubner, with assistance from Washington, D.C. partner Andrew WiRED and AIDS Education. Pescadero Conservation Alliance. Gantt and associate Anthony Latham scored an important victory Latham represents the Pescadero Casarona, represented the for WiRED International, a Conservation Alliance in its efforts hospice in dealing with a variety nonprofit organization that uses to create an environmental of structural and regulatory information technology to transfer education and ecological issues and negotiated a merger medical information to developing restoration center in Pescadero, transaction with the widely countries. WiRED has been running California. This field research renowned Hospice of an HIV/AIDS education program in station is designed to bring at-risk Marin, the second-oldest rural Kenya, a country with a youth from Bay Area communities hospice in the US. rampant AIDS epidemic, and has with little exposure to wilderness to accomplished a great deal with an a camp located amid coastal redwoods and rushing salmon

28 Latham & Watkins • 2005 Pro Bono Annual Review streams. The station also will host Latham Honored by San Mateo Legal Aid Society biologists in residence conducting research on local ecological The Legal Aid Society of San Mateo County named associate Darcy Conklin and Latham’s Silicon Valley office its November 2005 “Pro Bono Honorees.” restoration and leading camp youth programs. San Francisco associates Darcy and summer associate Adrian Lu, under the supervision of partner Jay Pomerantz, represented a Lou Leonard and Randi Wallach, worker who was injured on the job and unable to work under the supervision of partner for the first time in 20 years. Our client’s injury qualified Rick Zbur and former of counsel him for disability insurance benefits, but when a doctor Kim McCormick, worked with from the state decided that he could return to work, the government discontinued his benefits and demanded other professionals, including repayment of more than $6,000. biologists, engineers and Entering the case at the appeal stage, Latham filed a consultants, who have volunteered Petition for a Writ of Mandate, asking the San Francisco their time to support this project. Superior Court to direct the Board to consider a letter Photo: JRK Images Darcy Conklin The Coastal Commission is from our client’s physician certifying that he was disabled during the relevant period. The court ruled in expected to consider the field our client’s favor, requiring the state to set aside its administrative hearing decision research station’s permit request in and accept the medical evidence provided by the injured worker. early 2006.

Silicon Valley Abuse at the Hands of the County and the East Bay. Partner Guardianship Program. In 2005, Presidential Guard. Associates Jill Jay Pomerantz is advising on Latham launched a new initiative Zimmerman and Anita Pancholi director and officer liability issues, involving guardianship cases in represent a young man from the while San Francisco partner Linda partnership with the Legal Aid Republic of Guinea. Due to his Inscoe and associate Emily Dahm, Society of San Mateo County. father’s pro-democracy political as well as Silicon Valley associate Latham attorneys have handled activities, our client suffered Jay Metz and Chicago associate several such cases. Associate Pete repeated persecution at the hands Julie Marion, are advising on tax Snow and summer associate Paul of the Presidential Guard. He and issues. Deeringer represented a couple his family were arrested and seeking legal guardianship of their beaten on several occasions before Asylum Appeal. Silicon Valley minor granddaughter. The court our client, out of fear for his life, partner John Tang and New York granted our clients’ petition for fled Guinea and applied for asylum partner Blair Connelly, along with temporary guardianship, in the United States. Latham San Francisco associate Adrian preventing the minor from being handled the asylum appeal before Davis and New York associate relocated without notice. Associate the US Court of Appeals for the Michael David, are litigating the Darcy Conklin and summer Third Circuit, as well as his petition asylum appeal of a Honduran associate Laura Boysen for Special Immigrant Juvenile immigrant. Having been represented a woman seeking legal Status, which was approved in abandoned as a child on the streets guardianship of her niece who had December 2005. of Honduras, suffered starvation been living in nearly uninhabitable and multiple beatings, and seen his conditions with her alcoholic Big Brothers Big Sisters. Silicon countrymen murdered at the hands parent, caring for herself and her Valley partner Laura Bushnell and of the police, our client fled those younger sister, both of whom have associates Connie Chen and atrocities and sought refuge in the cystic fibrosis. The San Mateo Suzanne Tom are representing Big United States. Although asylum County Superior Court granted our Brothers Big Sisters of San was initially granted by the client’s petition for legal Francisco and the Peninsula in a Immigration Court, this decision guardianship. transaction to combine its assets was later reversed by the Board of with those of the Big Brothers Big Immigration Appeals (BIA). Latham Sisters entities in Santa Clara is now litigating the case before the

Latham & Watkins • 2005 Pro Bono Annual Review 29 Ninth Circuit Court of Appeals, Fundación Pacita. Partner James potential mitigating circumstances, arguing that the BIA improperly Redway and associate Tim Hia are ignored substantial evidence that challenged and overruled the assisting with the establishment of he suffered from mental immigration judge’s decision to Fundación Pacita, which honors the deficiencies and presented grant asylum. memory of Pacita Abad, a essentially no case regarding mitigation. The Latham team

Office Highlights prominent Philippine-American became involved during the artist who died of cancer at the end Singapore federal habeas proceedings when of 2004. Fundación Pacita was ForesTrade. ForesTrade is a the Commonwealth of Virginia established to continue the artistic Vermont-based supplier of organic sought to execute our client legacy of Pacita Abad by and sustainably produced tropical before the time for filing an supporting the development of spices, oils and “Fair Trade” coffee. appeal had expired. Having The company works with local dedicated painters, printmakers, received an emergency stay of indigenous farmers, offering them sculptors and multimedia artists execution, the team conducted its fair prices for their products while from emerging Asian countries, own investigation, pulling providing them with economic and facilitating the study and together our client’s habeas incentives to implement sustainable understanding of Pacita’s life appeal in less than three months. and environmentally friendly and work. Initial testing indicates that our agricultural methods. Latham client is mentally retarded. assisted ForesTrade in negotiating Washington, D.C. an export credit facility from the Protecting Sea Lions. Partners Overseas Private Investment Capital Appeal. A team of David Hayes and James Barrett Corporation. Partner Mark Nelson Washington, D.C. attorneys led by and associates Sara Orr, Andrea and associate David Bills worked partner Abid Qureshi and former Hogan, Mollie Farrell and Ahmad on loan documents for Indonesian partner Beth Wilkinson and Nassar represent the Humane market issues and coordinated associates Matthew Roskoski, Society of the United States (HSUS) onshore documentation for the Brian Stekloff, Kendall Burman in its challenge of the National project with local Indonesian and Katharine Saunders Marine Fisheries Service’s issuance counsel. The deal was a valuable represented a Virginia death row of numerous research permits first step for ForesTrade, which inmate in a habeas appeal. Our authorizing hot branding of sea lion plans to enter into similar financing client was convicted of murder and pups, extracting teeth, sampling arrangements with other sentenced to death in January tissue and other intrusive activities international export credit 2001. His trial counsel conducted without requiring permit holders to agencies. almost no investigation into coordinate their research and

Latham Honored by Washington Legal Clinic for the Homeless

The Washington Legal Clinic for the Homeless presented Latham with a pro bono award in recognition of the firm’s Through the Clinic, “extraordinary efforts to make justice a reality for those strug- gling with homelessness.” we are privileged to be able Latham received the award based on the firm’s longstanding ‘‘ to help people who have support of the Legal Clinic as well as several recent matters handled by the firm. For example, partner Ken Weinstein and nowhere else to turn, and associate Leslie DuPuy represented a disabled widow with five children facing eviction and foreclosure in a predatory change their lives for the lending case, and several associates represented Legal Clinic clients in social security disability matters. better.” In addition, associates Stephen Spiegelhalter and Aisha — Ken Weinstein Henry successfully represented a Legal Clinic client against a Partner in the slumlord in a three-day jury trial. Washington, D.C. office

30 Latham & Watkins • 2005 Pro Bono Annual Review without verifying the effects of the a reasonable market price, drugs Latham Honored by research on the endangered Steller which are in the later stages of Washington Lawyers’ sea lion population. Latham FDA testing. The case was argued Committee attorneys and HSUS prevailed in October 2005 and is awaiting a upon the Service to conduct an decision by the court. The Latham In recognition of the work of our Washington, D.C. attorneys in Environmental Impact Statement team also included associate political asylum matters, the firm for the research program. Allyson McKenzie and summer was presented with an associates Derek Smith and “Outstanding Achievement Award” Asylum for an Ethiopian Woman. Thomas Hall on the brief, with by the Washington Lawyers’ Of counsel Jared Johnson, additional assistance from Committee for Civil Rights and associate Stephanie Lim and associates Amanda Biles and Urban Affairs. paralegal Melinda Craiger, with Nathan Vitan in preparation for Latham has been working with the assistance from partner Claudia oral argument. Washington Lawyers’ Committee O’Brien and of counsel Steve for several years through its Schulman, secured asylum for an Asylum for a Tanzanian Boy Scout. Immigrant and Refugee Rights Ethiopian woman who had been Our client, a Tanzanian Boy Scout Project. arrested and tortured by authorities who left an international scout based on her family’s political jamboree to seek refuge in the US, activity. Her father had been was finally found eligible for arrested and was presumed dead, asylum in 2005 after four years of and one brother was killed in litigation. The Board of Immigration Kosher Meals for a Prisoner. Appeals’ (BIA) granting of asylum prison while the other was tortured In conjunction with the Becket followed a sharply worded opinion to the point of causing insanity. Fund for Religious Liberty, partner by the US Court of Appeals for the With the help of her Latham Allen Gardner and associates attorneys, our client escaped a Third Circuit in August, which Joshua Chandler, Dane Holbrook, vacated and remanded the BIA’s similar fate and now lives safely in Parker Douglas, Lara Kayayan and earlier order denying asylum. the United States. Ali Ahmad are representing a Associate Stephen Spiegelhalter Jewish prisoner incarcerated in Alliance for the Terminally Ill. argued the case before the Third Texas who has been denied kosher Circuit. Associates Rebecca A team of Washington, D.C. meals. Under federal law, the Malcolm, Jeremy Barber, Nathan attorneys represents the Abigail prison system is required to offer Vitan, Alexi Maltas and Amanda Alliance, a nonprofit group reasonable accommodations of Biles assisted in the preparation for devoted to gaining access to prisoners’ religious practices, and oral argument, while partner developmental drugs for the infringements of genuine religious Claudia O’Brien, Chicago associate terminally ill. With the help of the liberty interests must be justified by Jay Marhoefer and Washington, Washington Legal Foundation, the a compelling state interest and be D.C. paralegal Rachel Jaffe Abigail Alliance sued the Federal the least restrictive means of contributed to the briefs. Drug Administration (FDA), furthering that interest. The team is claiming that FDA regulations seeking an order in federal court unconstitutionally bar terminally Asylum for a Zimbabwean Activist. directing the state of Texas to ill patients with no approved Washington, D.C. associates comply with the Religious Land treatment alternatives from Jeremy Barber, Kendall Burman Use and Institutionalized Persons purchasing drugs approved for and Elizabeth Kronk obtained Act by offering a kosher meal substantial human testing but not asylum for a Zimbabwean man option for Jewish inmates.  yet for full public marketing. who had been tortured and Partner Scott Ballenger joined the imprisoned as a result of his cause to assist with the briefing support of opposition politics and and to present oral argument torture survivors in Zimbabwe. Five before the US Court of Appeals months later, the team secured for the D.C. Circuit. The appeal derivative asylum for our client’s argued that terminally ill patients wife and two children. with no other options have a fundamental right to purchase, at

Latham & Watkins • 2005 Pro Bono Annual Review 31 The Trials of Pro Bono

Latham attorneys achieved several trial victories for pro bono clients in a wide range of matters in 2005. In various courts across the United States, before judges and juries, Latham attorneys protected the rights of disadvantaged parties and nonprofit community organizations without the ability to pay in litigation through final verdicts. These successes reflect the talent and skill of the participating attorneys, who through their efforts and dedication made tremendous contributions to their communities.

Defeating a Slumlord

Superior Court, District of Columbia. After three years of litigation, Latham secured a trial victory on behalf of our client from the Washington Legal Clinic for the Homeless against a Washington, D.C. slumlord who evicted our client, identified him as a snitch to dangerous drug dealers in the building, locked him out of his apartment, threw away his belongings and unjustly retained his security deposit.

Led by Washington, D.C. associates Stephen Spiegelhalter and Aisha Henry, under the Reese Village, a supportive housing complex for the mentally supervision of partner David Barrett, the team ill in San Diego conducted a three-day jury trial and won a verdict of $11,826 in compensatory and $100,000 in punitive After several months of difficult discovery, the case damages in a case that originally began as a $900 went to trial before a jury in November 2005. Led by claim in Small Claims Court. Associates Kevin San Diego associates Jennifer Barry and Limor Rabie Stogner and Lara Kayayan, paralegal Stacey Barnes, and paralegal Kristen Fechner, under the supervision Technology in Practice Support Supervisor Jamil of partner Ken Fitzgerald and associate Robert Blair, Wohabe and partner De Smith rounded out the Latham trial team presented both lay and expert the team. witnesses over the course of the five-day trial. In the end, the jury returned a unanimous verdict awarding damages to TACHS. Supporting Community Housing Solutions Protecting a Day Laborer Superior Court, State of California. The Association for Municipal Court, State of New Jersey. New Jersey Community Housing Solutions (TACHS) is a nonprofit associates John Falzone, Julio Gomez and Eric organization that develops and builds supportive Westenberger represented a day laborer in Freehold housing for mentally ill homeless people in San Diego, Borough who was arrested and charged with including Reese Village, a 19-unit apartment complex criminal trespass for allegedly remaining on private in east San Diego. During the course of the Reese property after being ordered to leave by a police Village project, TACHS discovered that its civil officer. The private property owner, whose land engineer negligently prepared the civil plans and, contained a bus terminal with a small shop and an through delayed attention in correcting the errors, Italian ices store, had written a letter to the borough caused material and costly construction delays. Unable administrator stating that day laborers were not to achieve satisfactory recovery from the engineer permitted on his property and should be arrested as short of litigation, TACHS filed a complaint for trespassers. The team took the case to trial, and professional negligence in early 2004. secured our client’s acquittal.

32 Latham & Watkins • 2005 Pro Bono Annual Review Supporting Artistic Freedom Our client’s courage and US District Court, Southern District of New York. our team’s dedication never wavered, Thirty days. That’s how long BB Becker’s trial team despite the pressures of had to conduct expert discovery and prepare for a jury ‘‘ the accelerated trial schedule. trial in the Southern District of New York. Despite the I couldn’t ask for more than tight schedule, the Latham team, led by associates being part of a first-rate law firm Daiske Yoshida and Johanna Schiavoni, alongside co- that puts its full support behind counsel from Denver’s Faegre & Benson, won a its pro bono clients and its successful jury verdict defeating claims for trade dress infringement, dilution and unfair competition. associates.” — Johanna Schiavoni Our client, Mark “BB” Becker, sole owner and Associate in the designer of BB Becker’s jewelry, developed an idea to San Diego office engrave silver jewelry with spiritual quotations after attending an Alcoholics Anonymous meeting where he recited the “Serenity Prayer.” Today, BB Becker’s Securing Access for the Junior Blind collection includes jewelry with various quotations Superior Court, State of California. Latham obtained including the Serenity Prayer, the Navajo Prayer and an important court victory for the Foundation for the quotes from the Talmud and other sources. Our client’s Junior Blind in a lawsuit concerning the Junior Blind’s designs were challenged by a San Francisco designer Camp Bloomfield, the largest and most comprehensive of silver jewelry hand-engraved with quotations from camp in the US for children and teens who are blind or literary sources such as Rilke, Whitman and Lao Tzu, visually impaired and their families. Located in the who alleged that Becker could not have developed the mountains of Malibu, California, the camp provides idea to engrave quotations on silver jewelry, and that programs and services to develop critical life skills, his jewelry designs were therefore a copy of hers. After self-esteem and independence for blind children a contentious six-day jury trial, the jury unanimously through education, recreation, training and found for our client, in favor of fair competition and rehabilitation. free artistic expression. Led by partners George Mihlsten and Francis Park, Other members of the Latham defense team included Latham has been assisting the Junior Blind with New York associates Sharon Ceresnie and Cindy necessary permits and approvals to update the camp, Caillavet, summer associate JoAnna McFadden and which is landlocked with sole entry via an access road paralegals Ivanna Ursino and Kristina Thornton. running through a neighboring property. When the Technology in Practice specialists Kaina Sainvil and neighboring property owner refused to allow the Plinio Almeida provided technical support in Junior Blind to make necessary fire and safety connection with the trial. improvements to the access road, and further challenged access to the camp by blocking the roadway and harassing camp guests and visitors, the Junior Blind was forced to pursue legal action to confirm its rights to the roadway.

A Latham team including Los Angeles partners Steve Atlee and Jim Arnone, associates Scott Pearson, Jenny Kleinberg, Andrew Kirsh and Bonnie Moore and paralegal Susan Lawrence represented the Junior Blind in a two-year-long litigation to confirm easement Jewelry with spiritual quotations designed by BB Becker rights to the access road. The lawsuit culminated in a six-day trial in Los Angeles Superior Court in April 2005. In its decision, the court confirmed that the I’d be out of business Junior Blind has its full easement rights to use the road if not for my pro bono attorneys.” and denied the neighbor’s claim to any right to enter ‘‘ — Mark “BB” Becker Camp Bloomfield.  Artist, small business owner

Latham & Watkins • 2005 Pro Bono Annual Review 33 Equal Justice Works

Latham’s sponsorship gave me the opportunity to create an innovative “advocacy program for low-income pregnant and parenting teens, and has created a sustainable project that will continue to provide services to this growing and under- represented population.” — Diego Cartagena Equal Justice Works Fellow 2003-2005

34 Latham & Watkins • 2005 Pro Bono Annual Review Latham has a tradition of sponsoring public interest fellows through Equal Justice Works (formerly NAPIL), which runs the largest post-graduate legal fellowship program in the United States. Equal Justice Works places recent law school graduates in two-year assignments at public interest organizations where they implement innovative projects addressing pressing community needs.

In 2005, our 2003-2005 fellows, Diego Cartagena and Reena Ganju, completed their fellowships at the Los Angeles Center for Law & Justice and Sanctuary for Families Center for Battered Women’s Legal Services in New York, respectively. Our 2005-2007 fellow, Monica Ramirez, began her fellowship described below, and we recently selected our 2006-2008 fellow, Summer Stech.

Monica Ramirez Summer Stech Equal Justice Works Equal Justice Works Fellow 2005-2007 Equal Justice Works Fellow 2006-2008 Monica recently began Summer was recently her fellowship at the selected as our 2006-2008 Immigrants’ Rights fellow. Starting in the fall of Project of the National 2006, Summer will work American Civil Liberties with the Legal Aid Society Union in Oakland, of San Diego in connection California. She works with the Children and primarily on issues Youth Advocacy Project, affecting immigrant day focusing on outreach and laborers, a controversial assistance to families in and vulnerable under-served communities population that suffers who have children with Photo: Tom Sidock Photo: Tom exploitation, developmental disabilities. discrimination and Monica Ramirez Summer Stech abuse at the hands of Summer will provide employers, law advocacy and legal enforcement and even private individuals. Monica has representation in the special education process been working to address these issues on a systemic including in connection with Individual Education Plan basis through community outreach, education, meetings, mediations and related due process advocacy and strategic litigation. hearings. In addition, Summer will help provide transition education programs to youth between the In particular, Monica has begun conducting know- ages of 18 and 22 with disabilities, such as information your-rights workshops at Bay Area day-labor centers to about rights and obligations in a contract, renting an educate workers about their employment and apartment, custody and child support and other legal constitutional rights. She is also active in working with issues relevant to this population. Summer will be the local community groups, other nonprofit organizations only attorney in San Diego County focusing solely on and the National Day Laborer Organizing Network in the legal needs of developmentally disabled children developing advocacy and litigation tools to challenge and youth. the selective enforcement of municipal and state laws against day laborers around the country. Monica Summer is well-suited for this fellowship, having already has been involved in two specific litigation worked as a special education teacher in the San challenges to local anti-solicitation ordinances in Diego Unified School District prior to attending law California that effectively ban day laborers from school, and having worked with persons with exercising their First Amendment rights to solicit work disabilities as a clerk with Protection and Advocacy in public spaces. In addition, Monica has begun Inc. in San Diego and Disability Rights Advocates in working with groups around the United States to Oakland, California. She has also worked as a legal address the rise in anti-immigrant sentiment and intern for both the Special Education Legal Clinic policies targeting day laborers nationwide. and the Children’s Advocacy Institute at the University of San Diego School of Law. Summer Before starting her fellowship, Monica clerked for received her undergraduate degree in special Judge Warren J. Ferguson of the US Ninth Circuit education from Boston University in 2000, and Court of Appeals. She received her A.B., magna cum expects her J.D. from the University of San Diego laude, from Harvard University in 2001 and her J.D. School of Law in May 2006.  from Stanford Law School in 2004.

Latham & Watkins • 2005 Pro Bono Annual Review 35 Latham & Watkins Pro Bono Committee

The Pro Bono Committee is made up of individuals spanning Latham’s offices around the globe, including partners, of counsel, associates and staff.

James V. Kearney, Committee Chair New York +1-212-906-1200

Amos E. Hartston, Pro Bono Counsel Los Angeles +1-213-485-1234

Committee Members

Brussels Moscow San Francisco Melissa Cacciotti Wendy J. Atrokhov Xochitl Arteaga +32-2-788-6000 +7-501-785-1234 Charles S. Crompton, III Sadik H. Huseny Chicago New Jersey +1-415-391-0600 Mary Rose Alexander Daniel F. Mulvihill Nicholas B. Gorga +1-973-639-1234 Silicon Valley Bradley E. Kotler Darcy L. Conklin +1-312-876-7700 New York Jay L. Pomerantz +1-650-328-4600 Manfred Gabriel Frankfurt Mark H. Goldberg Finn H.O. Zeidler Noreen A. Kelly-Najah Singapore +49-69-6062-6000 George Royle Timothy Y. Hia +1-212-906-1200 +65-6536-1161 Hamburg Stefan Widder Orange County Tokyo +49-40-4140-30 Michele D. Johnson Hisao Hirose +1-714-540-1235 +81-3-6212-7800 London Philip Watkins Paris Washington, D.C. +44-20-7710-1000 Mark D. Beckett Joel Israel +33-1-4062-2000 Sara K. Orr Los Angeles Kenneth W. Weinstein +1-202-637-2200 Steven D. Atlee San Diego Susan S. Azad Steven T. Chinowsky +1-213-485-1234 +1-858-523-5400 Brook B. Roberts +1-619-236-1234

36 Latham & Watkins • 2005 Pro Bono Annual Review © Copyright 2006 Latham & Watkins. Designed and produced by the Latham & Watkins Business Development Department and Pro Bono Committee. www.lw.com

Global Offices

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