EQUAL TIME LGBT COMMUNITY SERVICE 2016

PARTNER GAIL MORSE INDUCTED INTO LGBT HALL OF FAME

In November, Partner Gail H. Morse was inducted into the Chicago LGBT Hall of Fame. Formerly known as the Chicago Gay and Lesbian Hall of Fame, it is unique in being sponsored by the City of Chicago.

Ms. Morse’s induction recognizes her for helping to secure civil rights for Chicago’s LGBT communities through her professional, community and political leadership.

“I am humbled and honored to join the class of Gail Morse is congratulated by Chicago Mayor Rahm Emanuel on being inducted into the Chicago LGBT Hall of Fame. 2015 and with all who have been recognized in Photo credit: Rick Aguilar Studios the 25-year history of the Hall of Fame. All of the inductees over the past 25 years and those yet in 2001; the first edition was devoted to the firm’s Ms. Morse is also active in providing counsel to come have dedicated their lives to full LGBT out-attorneys, their practices and work on LGBT to many of ’ elected officials serving on equality not only in Chicago but nationally and issues. Among her many efforts to give back to internationally. We have seen many success, then-Senator Obama’s LGBT Advisory Board the LGBT community, Ms. Morse has worked with but there is more work to be done to achieve full and currently Co-Chairing the LGBT Advisory the Illinois Department of Revenue to implement equality. Those recognized by the Chicago Gay Council for Representative Mike Quigley. and Lesbian Hall of Fame represent the diversity tax filings for partners in Illinois Civil Unions and has been a frequent resource on the tax effects of our communities and the power to continue to Ms. Morse’s wife, Lauren Verdich, was also of same-sex marriage. She has provided pro create change,” Ms. Morse said. inducted in 2015 for her key efforts in the bono counsel to many of the organizations establishment of Open Hand Chicago, leadership Ms. Morse is co-chair of the firm’s LGBT Forum, supporting the LGBT communities in Chicago which provides support to lawyers on business and has served many in board capacities. She is in Chicago’s LGBT business community and in development and LGBT-supportive initiatives. currently serving as the Secretary of the Lambda progressive and women’s politics making the She was instrumental in creating this newsletter Legal Board of Directors. honor “doubly humbling” for Ms. Morse.

FIRM JOINS FIGHT TO CHALLENGE NORTH CAROLINA’S H.B. 2

A team of LGBT lawyers is co-counsel with the at the University of North Carolina at Chapel Hill; Defense and Education Fund and a transgender student at the University of North the American Civil Liberties Union of North Carolina Carolina; a 17-year-old transgender woman from in their challenge to North Carolina’s controversial Raleigh, North Carolina; an associate dean and House Bill 2. The so-called “bathroom bill” bans professor at North Carolina Central University illegal and unconstitutional, H.B. 2 in fact wreaks transgender people from accessing restrooms School of Law, who is lesbian; and a lesbian a far greater damage by also prohibiting local and other facilities consistent with their gender couple who live in Charlotte, North Carolina. governments in North Carolina from enacting identity and blocks local governments from express anti-discrimination protections based The lawsuit asks for a declaratory judgment that on sexual orientation and gender identity,” the protecting LGBT people against discrimination in H.B. 2 violates the plaintiffs’ or their members’ a wide variety of settings. constitutional and statutory rights to equal complaint reads. protection, liberty, dignity, autonomy and privacy Filed in April, the lawsuit names North Carolina and seeks an injunction on enforcement of the bill. The team includes Partners Paul M. Smith, chair Governor Patrick McCrory, the University of North of the Appellate and Supreme Court Practice, Carolina, its board of governors and its chairman, “While the discriminatory, stated focus of and Luke C. Platzer and Associates Mark P. W. Louis Bissette, Jr., as defendants. The the legislature in passing H.B. 2 – the use of Gaber, Thomas D. Garza, Lorenzo Di Silvio, plaintiffs include a transgender man who works restrooms by transgender people – is on its own Nicholas W. Tarasen, and Scott B. Wilkens.

NATIONAL LGBT BAR NAMES MATTHEW CIPOLLA TO ITS 2016 CLASS OF “BEST LGBT LAWYERS UNDER 40” Partner Matthew D. Cipolla has been named one professionals under the age of 40 who have distinguished themselves of the “Best LGBT Lawyers Under 40” for 2016 by in their field and demonstrated a profound commitment to LGBT the National LGBT Bar Association. The LGBT Bar equality. Mr. Cipolla will be recognized at a special awards luncheon on established this award to recognize outstanding August 5, 2016. Jenner & Block partners and associates have also won lesbian, gay, bisexual and transgender legal this accolade in 2010, 2011, 2012 and 2014.

© 2016 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Gail H. Morse.Attorney Advertising. Prior results do not guarantee a similar outcome. PARTNER PAUL SMITH ARGUES THREE CASES FIRM WINS FAR-REACHING SENTENCING BEFORE US SUPREME COURT IN ONE TERM CASE AT US SUPREME COURT IN WELCH Partner Paul M. Smith, chair of the firm’s Appellate Partner Lindsay C. Harrison led the team that won and Supreme Court Practice, argued three cases be- a decision from the US Supreme Court that its 2015 fore the US Supreme Court in its October 2015 term. ruling in Johnson v. United States applies retroactive- Paul M. Smith This brings to 19 the total number of cases he has Lindsay C. Harrison ly to persons whose convictions became final before argued before the Court. Johnson was decided. In Johnson, the Court struck down the “resid- • In December, he successfully argued on behalf of the Arizona Inde- ual clause” of the Armed Career Criminal Act —a catchall provision pendent Redistricting Commission in Harris v. Arizona Independent that mandatorily increased the sentence for illegal possession of a Redistricting Commission, an important voting rights case. Associ- firearm from a maximum of 10 years’ imprisonment to a minimum of ate Emily Chapuis was also on the team. 15 years’ and up to life if the defendant had at least three prior convic- tions for a serious drug offense or a “violent felony” – defined as pre- • In March, he successfully argued on behalf of CRST Van Expedited, senting a “serious potential risk of physical injury to another.” Johnson Inc. against the Equal Employment Opportunity Commission in a held that this definition was unconstitutionally vague.Welch resolved closely watched Title VII employment discrimination case. a significant circuit split that allowed prisoners in some states to be re-sentenced or released, while prisoners in other states were denied • In April, he successfully argued on behalf of textbook publisher relief from unconstitutional sentences; potentially hundreds of people John Wiley & Sons in Kirtsaeng v. John Wiley & Sons, Inc. sentenced under the ACCA will be affected. The team also included Associates R. Trent McCotter and Joshua M. Parker.

PAUL SMITH RECALLS ARGUING LAWRENCE V. TEXAS FIRM WINS RELIEF FROM SUPREME COURT Partner Paul M. Smith wrote a chapter in FOR LESBIAN MOTHER SEEKING TO a new book about the battle for same-sex ENFORCE ADOPTION RIGHTS marriage rights in the United States. Titled Love Unites Us: Winning the Freedom to The firm vindicated the parental rights of an Alabama Marry in America, the book features con- Adam G. Unikowsky woman over three children adopted in Georgia when tributions from more than 40 lawyers, ac- the US Supreme Court unanimously held that the tivists and plaintiffs who waged the battle. adoptions must be honored nationwide. For nearly 17 years, V.L. and In Mr. Smith’s chapter, called “Arguing E.L. were in a committed relationship during which E.L. gave birth Lawrence v. Texas at the Supreme Court,” he recounts the story to three children, whom V.L. adopted in 2007. In 2011, the couple, of his successful effort in 2003 to overturn Bowers v. Hardwick, then living in Alabama, broke up. E.L. sought to keep V.L. from seeing the 1986 ruling that upheld Georgia’s anti-sodomy law. the children; V.L. filed a petition in Alabama family court seeking joint custody or visitation. The Alabama family and appellate courts hon- In some respects, Mr. Smith writes, arguing Lawrence before ored the Georgia judgments. But the Alabama Supreme Court held the Court was like many others. the Georgia court lacked jurisdiction; therefore, Alabama was not re- “But in reality, working on Lawrence was an experience unlike quired to honor the adoption. The firm’s team, led by Partner Adam G. any I’ve had before or since,” he adds. “There was a sense Unikowsky and joined by the National Center for Lesbian Rights, filed throughout that we were making history, changing in a funda- a petition for certiorari, as well as an emergency application for a stay, mental way the relationship between the LGBT community and asking that V.L. be allowed to see her children while the petition for the US legal system.” When Justice Kennedy delivered the ma- certiorari was pending. The stay was granted, and on March 7, 2016, jority opinion, saying “Bowers versus Hardwick should be and the Court issued a summary reversal of the Alabama Supreme Court’s now is overruled,” Mr. Smith recalls that “many tears flowed in decision, ruling that the Constitution’s Full Faith and Credit Clause re- the courtroom, for we knew something historic and wonderful quired Alabama to honor V.L.’s Georgia adoption. Because same-sex had just happened.” marriage was illegal in most states until recently, an estimated tens of thousands of same-sex couples with children protected their paren- tal rights through “second-parent adoptions.” This decision promises legal stability for adoptive parents, even when they cross state lines.

GRANT R. FOLLAND SCHOLAR: RICHARD DEULOFEUT-MANZUR FIRM WINS $940 MILLION TRADE SECRETS The Grant R. Folland Memorial Scholarship was established in VERDICT FOR EPIC SYSTEMS CORP. 2012 in memory of Grant Folland (University of Chicago Law Associate Andrew G. Sullivan was on a team that se- School, J.D., 2008) by friends and members of the firm to pro- cured a $940 million trade secrets verdict for client vide scholarship support to a rising second- or third-year law Epic Systems Corp., one of the leading health care student who demonstrates an ongoing commitment to lesbian Andrew G. Sullivan software companies in the United States. At issue and gay rights. The 2016 scholar is Richard Deulofeut-Manzur, was a substantial corporate espionage case against Tata Consultancy University of Chicago. At law school, Mr. Deulofeut-Manzur is Services (TCS), which is a part of one of the largest industrial con- the president of OutLaw, treasurer for the Latino Law School Students Association and a member of the Federalist Society glomerates in India. After a 10-day trial, an eight-member jury found and Edmund Burke Society. Currently, he is an Innovation Fund that TCS, a hired consultant, stole Epic’s trade secrets and other con- Associate for the Chicago Innovation Fund. fidential information about Epic’s proprietary software. The verdict represents one of the largest trade secrets verdicts in US history and perhaps the largest verdict of any kind in Wisconsin. WHITE HOUSE ASSOCIATE COUNSEL EMILY LOEB JOINS GOVERNMENT CONTROVERSIES AND PUBLIC POLICY LITIGATION PRACTICE This year, the firm welcomed Emily M. Loeb, former associate counsel in the White House Counsel’s Of- Emily M. Loeb fice who has served in several legal and policy roles in the Obama administration. She is special counsel in the Washing- ton, DC office, practicing in the Government Controversies and Public Policy Litigation Practice. At Jenner & Block, Ms. Loeb advises clients facing multi-faceted government inquiries.

FIRM WINS VICTORY FOR APEX OIL CO. AND PETROLEUM FUEL & TERMINAL CO. Associate Alexander J. Bandza was on a team that won a victory for Apex Oil Co. and Petroleum Fuel & Terminal Co (PF&T) in a cost recovery and injunction Alexander J. Bandza action concerning a pipeline now owned by PF&T, GAIL MORSE AND RAFI MOTTAHEDEH WIN which was purchased from Chevron in 1994. Chevron has claimed ALBERT E. JENNER PRO BONO AWARD more than $30 million in damages for costs of remediating pollution allegedly discharged onto third-party property over the course of 20 Partner Gail H. Morse and Associate Rafi W. Mottahedeh were the years. On October 20, 2015, Judge J. Frederick Motz dismissed (1) first Transactional Department winners of the Albert E. Jenner, Jr. Pro all 12 pending counts against Apex and (2) nine counts against PF&T. Bono Award, presented in June. The award recognizes the firm’s law- yers who have provided exceptional legal services to the needy. The winners receive a $5,000 award that they may donate to the charity or charities of their choice. FIRM REPRESENTS SCHNEIDER Ms. Morse and Mr. Mottahedeh were noted for their extensive trans- ELECTRIC IN SALE OF GLOBAL actional work on behalf of nonprofits and for a 2015 case in which TRANSPORTATION BUSINESS they successfully represented a client erroneously accused of de- Associates Brendan A. Donahue and frauding the State of Illinois concerning the collection of unemploy- Rafi W. Mottahedeh were on a team ment benefits. Ms. Morse’s role in helping two young women who Brendan A. Donahue Rafi W. Morrahedeh that represented Schneider Electric became clients of the firm several years ago when their father went to SE in the sale of its global transportation business to Kapsch Traffic- prison for killing their mother was also highlighted, as was Mr. Motta- Com AG. Schneider’s transportation business offers an industry port- hedeh’s work in asylum matters. folio of integrated advanced traffic management software solutions for urban, highway and tunnel applications. FIRM WINS JURY VERDICT IN FAVOR OF L-3 COMMUNICATIONS VERTEX IN FIRM REPRESENTS MERGE WHISTLEBLOWER LAWSUIT HEALTHCARE SALE TO IBM Associate Mark P. Gaber was on a team that secured Partner Howard S. Suskin and As- a significant win for client L-3 Communications in a sociate Brendan A. Donahue were Mark P. Gaber civil False Claims Act lawsuit that accused L-3 sub- members of a multidisciplinary team sidiary Vertex Aerospace of overbilling the US Army for helicopter Howard S. Suskin Brendan A. Donahue that advised Merge Healthcare Inc. maintenance when its mechanics were required by the Army to be in its $1 billion sale to IBM. Merge is a Chicago-based provider of available for work supporting combat operations in Iraq and Afghani- medical image handling and processing, interoperability and clinical stan. After a five-day trial in the US District Court for the Northern Dis- systems designed to advance healthcare quality and efficiency. Merge trict of Texas, the jury deliberated less than an hour before returning a shareholders would receive $7.13 per share in cash, for a total trans- verdict in favor of L-3 in January 2016. action value of $1 billion.

CHAMBERS ASSOCIATE PROFILES FIRM’S LGBT COMMUNITY LGBT Diversity at Jenner & Block’s LGBT community, history and diversity efforts are the subject of a detailed profile inCham - Jenner & Block bers Associate. Titled “LGBT Diversity at Jenner & Block,” the article analyzes how the firm is a diversity leader Chambers Associate among its peers in recruiting LGBT lawyers – almost 12 percent of associates identify as LGBT, “the only large in association with firm inChambers Associate where the percentage is even in the double figures.” One reason is the firm’s more Jenner & Block than 20-year history of advocating for LGBT civil rights; another is that the firm regularly participates in law school events to help recruit diverse associates; and, finally, the firm has formal and informal leadership struc- tures that support diversity. The article examines each of those pillars, and it includes key days and events in an LGBT timeline of the firm’s activities and a calendar of diversity events.

www.chambers-associate.com

EQUAL TIME – LGBT COMMUNITY SERVICE RECOGNITIONS EVENTS Best Lawyers in America Christopher C. Dickinson, Insurance Law BLACK WOMEN LAWYERS ASSOCIATION Paul M. Smith, Appellate Practice; AND JENNER & BLOCK HOST ROUNDTABLE Litigation - First Amendment; Media Law DISCUSSION ON LGBT RIGHTS IN THE Howard S. Suskin, Commercial Litigation; Litigation - Securities WORKPLACE 2016 Chambers USA In December, the Black Christopher C. Dickinson, Insurance: Dispute Resolution (Illinois) Women Lawyers’ Associ- Lindsay C. Harrison, Leisure & Hospitality (Nationwide) ation and Jenner & Block joined forces to host a Paul M. Smith, Appellate Law (Nationwide), First Amendment Litigation roundtable discussion on current laws and recent court de- (Nationwide) & Media & Entertainment (District of Columbia) cisions concerning LGBT rights in the workplace. Partner Howard S. Suskin was a panelist along with Lauren Rob- 2016 Illinois Super Lawyers inson, American Bar Association senior associate general Christopher C. Dickinson, Insurance Coverage counsel; Stacey Austin, partner at Wang Kobayashi Austin, Gail H. Morse, Tax LLC; Larry Robertson, Associate at Littler Mendelson; and Howard S. Suskin, “Top 100 Super Lawyers,” Securities Litigation Camilla Taylor, Counsel at Lambda Legal.

Washington, DC Super Lawyers Adam Unikowsky, “Rising Star,” Appellate ASSOCIATE ALEXANDER BANDZA GIVES ADVICE Leading Lawyers Network TO STUDENTS IN UNIVERSITY OF CHICAGO LAW D. Matthew Feldhaus, “Emerging Lawyer,” Commercial Litigation; SCHOOL OUTLAW GROUP Copyright & Trademark Law; Intellectual Property Law Associate Alexander J. Howard S. Suskin, Class Action/Mass Tort Defense Law; Commercial Bandza spoke to a group Litigation; ADR Law: Commercial Litigation; Securities & Venture Finance of University of Chicago Law School students as a panelist in a program titled “Out Lawdragon in OCI,” which was sponsored by OutLaw, the law school’s Paul M. Smith LGBT student organization. Speakers discussed approach- es to interviewing and presented other advice to LGBT stu- Legal 500 dents going through the on-campus interviewing process. Paul M. Smith, “Leading Lawyer,” Dispute Resolution-Appellate Among topics covered were resumes, interviews, and dis- Howard S. Suskin, Dispute Resolution - Securities Litigation – Defense cerning between law firms.

Equality Illinois – 2016 Based on the results of EQIL’s 2016 Law Firm Survey, Jenner & Block was again recognized Human Rights Campaign Vault.com – Career Intelligence National LGBT Bar Association 100% rating in Corporate as a leading law firm in Equality Index – 2016 providing equal treatment In Vault’s 2016 survey, Jenner & Partners and associates have been for LGBT lawyers and th Block ranked #5 nationally, named “Best LGBT Lawyer Under For the 11 year in a row, staff and engagement as a “Best Law Firm for LGBT 40” by the National LGBT Bar Jenner & Block earned a perfect with the LGBT Individuals” Association in 2010, 2011, 2012, rating in HRC’s “CEI” survey community-at-large 2014 and 2016

OUR LGBT LAWYERS

Nicholas E. Ballen, Associate Victoria C. Fitzpatrick, Associate Luke C. Platzer, Partner Alexander J. Bandza, Associate Mark P. Gaber, Associate Manuel C. Possolo, Associate Thomas A. Bousnakis, Associate Thomas D. Garza, Associate Barry J. Shulock, Staff Attorney Emily Chapuis, Associate Benjamin T. Halbig, Associate Paul M. Smith, Partner Matthew D. Cipolla, Partner Lindsay C. Harrison, Partner Derek Stegelmeier, Staff Attorney Scott M. De Nardo, Staff Attorney Daniel A. Johnson, Associate Andrew G. Sullivan, Associate Christopher C. Dickinson, Partner Emily M. Loeb, Special Counsel Howard S. Suskin, Partner Lorenzo Di Silvio, Associate R. Trent McCotter, Associate Nicholas W. Tarasen, Associate David B. Diesenhouse, Associate Emily K. McWilliams, Associate Adam G. Unikowsky, Partner Brendan A. Donahue, Associate Gail H. Morse, Partner Scott B. Wilkens, Partner George E. Ellis, Staff Attorney Rafi W. Mottahedeh,Associate D. Matthew Feldhaus, Associate Joshua M. Parker, Associate

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