The Heart of the Matter

PRO BONO & COMMUNITY SERVICE REPORT 2011-2012

CHICAGO LOS ANGELES

NEW YORK WASHINGTON, DC In 2011, Jenner & Block attorneys dedicated more than 71,000 hours to work on pro bono matters

© 2012 Jenner & Block LLP. 353 N. Clark St. Chicago, IL 60654-3456. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide infor- mation 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 Gabriel A. Fuentes. Attorney Advertising. Prior results do not guarantee a similar outcome. Message from the Co-Chairs

Julie M. Carpenter Brian J. Fischer

As Co-Chairs of Jenner & Block’s Pro Bono Committee, it is our pleasure to present the latest edition of The Heart of the Matter.

A commitment to pro bono and public service is at the core of our values and mission as a Firm and Jenner & Block attorneys take that responsibility very seriously. Their dedication is reflected not only in the numbers of hours devoted to the representation of those who would not otherwise be able to afford legal counsel, but also in the pride that is taken in providing the same level Gabriel A. Fuentes of professionalism and service to our pro bono clients that is provided to our corporate clients. We are proud to have been ranked the top pro bono law firm in the nation by The American Lawyer in 2012.

Because our attorneys are encouraged to pursue cases and causes of interest to them, the types of matters the Firm undertakes are as diverse as we are, and our pro bono work makes a significant impact in a wide range of substantive areas of law. Rather than focus on one or two signature projects, our attorneys may, at any given time, provide pro bono litigation and transactional assistance to individuals Andrew J. Thomas and organizations in areas such as human rights; civil liberties; asylum and immigration; death penalty litigation and other indigent criminal defense; not-for- profit incorporation; corporate governance; property acquisition and tax; public health; education; disability rights; domestic and family law; environmental law; elder law; fair housing; real estate; and veterans’ benefits.

While we receive numerous accolades for our leadership in the pro bono arena from the legal press, the organized bar and many respected organizations nationwide, ultimately, we make pro bono work a priority because we believe it is the right thing to do.

In this newsletter, we have not attempted to provide an exhaustive accounting of all pro bono work performed by Jenner & Block attorneys in 2011-2012. Rather, this issue spotlights some of the Firm’s major efforts and achievements and demonstrates how we partner with the courts, not-for-profit organizations and governmental agencies in matters both of large-scale significance and of significance solely to the individual represented.

Pro bono is an important part of Jenner & Block’s history. As this Heart of the Matter demonstrates, the proud tradition continues.

Julie M. Carpenter Brian J. Fischer Gabriel A. Fuentes Andrew J. Thomas INDIGENT CRIMINAL DEFENSE

Jenner & Block Plays a Part in Landmark Victory in 20-Year Fight for Justice: Illinois Appellate Court Reverses Guilty Verdict on DNA Evidence

Jenner & Block attorneys played an important role in winning a high-profile Juan Rivera at his release on January 6, 2012 and long-running indigent criminal defense matter in Lake County, Illinois. In an opinion released on December 9, 2011, a unanimous three-judge panel of the Illinois Appellate Court for the Second District reversed, outright, the first- degree murder conviction of our client Juan Rivera, holding that “the State’s evidence was insufficient to establish guilt beyond a reasonable doubt.” On January 6, 2012, the Lake County State’s Attorney stated he would not seek an appeal to the Illinois Supreme Court and Mr. Rivera was released from Stateville Correctional Center, after serving 19 years in prison.

Twice convicted of the same crime – the sexual assault and murder of an 11-year-old in 1992 – Mr. Rivera’s first conviction was overturned in light of questions surrounding trial procedure and evidence and his second conviction was vacated when new DNA testing obtained through the efforts of the Center on Wrongful Convictions at Northwestern University Law School revealed he was not the source of sperm found in the victim.

Jenner & Block joined Mr. Rivera’s defense team for a third trial in 2009, addressing issues raised in the prior convictions. As it had in the first two trials, the State relied heavily upon statements given by Mr. Rivera during extensive interrogation. The State attempted to explain away the DNA evidence by arguing that the rape kit may have been contaminated or that the 11-year- old victim may have had sexual relations with someone else before she was murdered. Despite the lack of any physical evidence linking him to the crime scene, and strong defense evidence that incriminating statements our client made to police during unrecorded interrogations were false, inaccurate and obtained after a psychotic breakdown, the jury found Mr. Rivera guilty and he was sentenced to life without parole.

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1 INDIGENT CRIMINAL DEFENSE

From left to right: Andrew W. Vail, Thomas P. Sullivan, Juan Rivera, Terri L. Mascherin

Addressing the jury’s verdict, the appellate court opinion stated, “After viewing the evidence in the light most favorable to the prosecution, we hold that no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”

On appeal, Mr. Rivera was represented by Northwestern University’s Center on Wrongful Convictions, Stanford University Law Professor Lawrence Marshall and Jenner & Block.

The case received widespread media attention, including in the national press. There are few reported decisions in Illinois (or elsewhere) reversing murder convic- tions outright, as the Court did in the Rivera case, and this case is unique among those decisions in that it involved evidence of a confession. The Rivera decision is likely to have significant implications in future cases involving evidence of false confessions. Practitioners with innocence projects nationwide refer to the decision as one of the most important criminal law decisions of the year.

A feature article in the Sunday New York Times strongly criticized the Lake County State’s Attorney’s Office for continuing to prosecute Mr. Rivera in the face of the DNA evidence exonerating him. That press coverage led to the resignation of the prosecutor who prosecuted Mr. Rivera, as well as pressure to reform the Lake County office.

The Firm’s team, led by Partners Terri L. Mascherin, Thomas P. Sullivan and Andrew W. Vail, with assistance from Associate Daniel T. Fenske and several others, devoted more than 12,000 pro bono hours to Mr. Rivera’s trial and appeal. 

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2 INDIGENT CRIMINAL DEFENSE

Jenner & Block Team Achieves Victory in Long-Running and Complex Criminal Cases: Rehabilitated Juvenile Offender Released from Prison after 27 Years

Jenner & Block attorneys achieved another fight (“the Livingston County case”). The remarkable victory when they won the re- death sentence was later commuted to life lease of a 43-year-old man who had been without the possibility of parole by then- imprisoned for 27 years (10 of those years Illinois Gov. George Ryan. on death row) – since he was 16 years old. The client moved pro se to set aside his The Firm began representing the client in guilty plea in the Chicago case as invol- his long-running and complicated cases in untary because he had been incorrectly 2007. As a 16-year-old runaway in Chicago told he was eligible for the death penalty. in 1985, he stabbed to death a 49-year-old Due to his age, he was not. Eventually, his man who was sexually assaulting the teen conviction was vacated and a new trial or- while giving him a place to stay. He pled dered. In 1999, during his second Chicago guilty to murder and received a 35-year trial, the prosecution improperly introduced sentence (“the Chicago case”). and deliberately misused evidence of the defendant’s Livingston County conviction. In 1992, while incarcerated at the Pontiac Correctional Center, the client was convict- Following the 1999 re-trial in the Chicago ed of murder and sentenced to death for case, the defendant was convicted of fel- the killing of another inmate during a prison ony murder and armed robbery (he stole

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3 INDIGENT CRIMINAL DEFENSE

Jenner & Block Team Achieves Victory in Long-Running and Complex Criminal Cases: Rehabilitated Juvenile Offender Released from Prison after 27 years, continued

$124 from the victim). This time, he was case. Noting this was an extraordinary sentenced to life in prison without the pos- case, the court found the defendant was sibility of parole. On appeal, despite find- completely rehabilitated and, with credit for ing “intentional and systematic misconduct time served, the case was over. of the prosecutor,” the Illinois Appellate Yet, the client remained incarcerated, Court upheld the guilty verdict. Additional awaiting a new trial for the 1985 crime that appeals followed until his state court rem- initially landed him in prison when he was edies were exhausted. At this point, Judge 16 years old. The State took the position Elaine Bucklo of the United States District that, his youth at the time of the offense Court for the Northern District of Illinois notwithstanding, if convicted, the pun- appointed Jenner & Block to represent ishment would be mandatory life without the defendant. A Firm team, led by Part- possibility of parole. In March 2012, the ner Jeffrey D. Colman, filed an amended U.S. Supreme Court heard oral arguments petition for a writ of habeas corpus. The in Miller v. Alabama – a case challenging District Court granted the writ in November mandatory life-without-parole sentences 2008, and ordered a new trial. imposed on juveniles convicted of homi- Partner John Storino and associates Anne cide. In June 2012, the Supreme Court P. Ray, Jason M. Bradford, and Chris- held that the Eighth Amendment prohibits topher G. Wells, as well as Andrea Lyon, such a mandatory sentencing scheme. Associate Dean at DePaul University Col- The Firm’s Chicago team was waiting for lege of Law, continued fighting his Chicago the Miller ruling. The day it was issued, the case, as the State sought to prosecute team filed an emergency motion asking the him again. The Firm team also pursued Circuit Court in Chicago to declare uncon- another avenue of relief — a resentencing stitutional as applied to juveniles a similar hearing on the Livingston County convic- Illinois sentencing statute and to seek the tion, based on the fact that the Chicago client’s immediate release from prison. A conviction had been vacated. Associates habeas corpus petition also was filed and Michael H. Margolis, Ashley M. Schum- prosecutors were notified that state rem- acher, and Christine M. Bowman ques- edies would be exhausted as quickly as tioned 15 witnesses, presenting testimony possible and the matter brought back to that the defendant suffered horrific physi- federal court. cal and sexual abuse as a child and that he had undergone extraordinary matura- The Cook County State’s Attorney’s Office tion and rehabilitation while in prison. They then agreed to a plea deal resulting in the were assisted by paralegal James Wall. client’s release in July, with credit for time served. At the conclusion of the hearing in March 2012, Circuit Court Judge Jennifer When he walked out of prison after 27 Bauknecht re-sentenced the client to the years, the Firm’s client was the first pris- minimum sentence possible of 20 years oner anywhere in the country who was re- on his conviction in the Livingston County leased as a result of the Miller decision. 

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4 DEATH PENALTY MATTERS

Jenner & Block Attorneys Play Lead Role in Abolition of Death Penalty in Illinois: Governor Is Convinced to Sign Bill Into Law

For more than 50 years, Jenner & Block has represented Mr. Sullivan also served as Chair of that Committee, from individuals facing the death sentence, from early advocacy its first meeting in 2005 through the expiration of its statu- in Illinois to the groundbreaking Witherspoon case at the tory tenure on December 31, 2009 and delivery of the Com- United States Supreme Court. This year, in addition to the mittee’s final report to the Illinois General Assembly in the Firm’s continuing commitment to direct representation of Fall of 2010. Its comprehensive report detailed continuing individual death sentenced clients, Jenner & Block lawyers problems with the death penalty system, despite various were in the forefront of working to effect systemic change, reforms that were enacted in 2003. playing a key role in lobbying Illinois Governor Patrick Quinn to sign into law a bill abolishing the death penalty in Illinois. As it became apparent that Governor Quinn was careful- ly considering whether to sign the abolition bill into law, For more than a decade, Illinois has been prominent among Mr. Sullivan and Partners David J. Bradford, Jeffrey D. the states in its efforts to deal with the problems of wrong- Colman, Terri L. Mascherin, John H. Mathias, and An- ful convictions, prosecutorial misconduct, police miscon- drew W. Vail met with the governor to lobby him to sign. duct and arbitrary imposition of the death penalty. Many Jenner & Block then coordinated a coalition of organiza- Jenner & Block lawyers have been involved in that pro- tions and individuals supporting abolition to continue lob- cess during that time, including Partner Thomas P. Sul- bying the Governor, including arranging a meeting be- livan, who co-chaired the Illinois Governor’s Commission tween the Governor and noted death penalty opponent on Capital Punishment in 2000. The Commission’s 2002 Sister Helen Prejean and a telephone call to the Governor report is widely considered to be instrumental in then- by Anglican Archbishop Desmond Tutu. Governor George Ryan’s historic decision to grant clem- On March 9, 2011 Governor Quinn signed the abolition bill ency to or pardon all of the people on death row in Illinois in 2003 and the moratorium on executions that continued into law. Concurrently, he commuted the sentences of 15  while further study was undertaken by the subsequent Il- prisoners who had been on death row in Illinois. linois Capital Punishment Reform Study Committee.

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5 DEATH PENALTY MATTERS

From left to right: Rich Curtner, NCADP Board Chairman; Thomas P. Sullivan; Diann Rust-Tierney, NCADP Executive Director; Rob Warden, Northwestern Law School’s Bluhm Legal Center on Wrongful Convictions Executive Director; David J. Bradford; Andrea Lyon, DePaul College of Law Associate Dean for Clinical Programs and Director of the Center for Justice in Capital Cases; Henderson Hill, Founder and Board Member of the Center for Death Penalty Litigation

Jenner & Block Partners Honored by National Coalition to Abolish the Death Penalty

Partners David J. Bradford and serves as counsel to the Center, which Thomas P. Sullivan were named 2011 was long a leading voice against capi- “Outstanding Legal Service Award” tal punishment in Illinois and has pro- winners by the National Coalition to vided representation to many death Abolish the Death Penalty (NCADP) for row inmates. He is a Board member of their role in “protecting and defending the Death Penalty Information Center the integrity of the legal system and and has spoken extensively on death seeking to ensure that defendants penalty issues. charged with a capital crime have competent legal representation.” In addition to serving as Chair of the Illinois Capital Punishment Reform Mr. Bradford has represented death Study Committee and Co-Chair of row inmates as lead counsel at every the Illinois Governor’s Commission stage of death penalty litigation: jury on Capital Punishment, Mr. Sullivan trial, direct appeal to the Illinois Su- is Chairman of the Advisory Board of preme Court, state post-conviction Northwestern University Law School’s hearing and appeal; federal habeas Center on Wrongful Convictions. He corpus hearing; and federal habeas is a frequent writer on the topic of the appeal. He was founding counsel of need for reform of the American crimi- the MacArthur Justice Center and still nal justice system. 

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6 DEATH PENALTY MATTERS

Jenner & Block Provides Representation in Post-Conviction Proceedings on Federal Death Sentence

In 2005, Ronald Mikos, a podiatrist, Mr. Mikos’ 2255 Motion contends was convicted in the U.S. District that his murder conviction and death Court for the Northern District of Il- sentence were secured in violation linois of murdering one of his former of his Fifth Amendment rights to due patients, who was slated to testify process and equal protection, Sixth against him in a federal grand jury Amendment rights to confront wit- investigation related to alleged Medi- nesses and to effective assistance care fraud. The jury also sentenced of counsel, and Eighth Amendment Mr. Mikos to death. Jenner & Block right to be free from cruel and un- Jenner & Block’s abolition efforts began representing Mr. Mikos in usual punishment. It maintains, are just the latest in what is a long 2006, after trial, in his appeal of his among other things, that Mr. Mikos conviction and death sentence to the was tried while incompetent and and well-known tradition of taking Seventh Circuit. In 2008, the Seventh that he did not receive effective as- on death penalty cases. Over the Circuit affirmed Mr. Mikos’ murder sistance of counsel with respect to years, the Firm has been involved conviction and death sentence, and key issues pertaining to his compe- in many significant death penalty in 2009, the U.S. Supreme Court de- tency to stand trial and his inability reforms, including the landmark nied his petition for certiorari. The to assist in his own defense; retain- 1968 U.S. Supreme Court decision primary issue at the Supreme Court ing ballistics/toolmarks expertise to in Witherspoon v. Illinois, the suc- was whether the Fifth Amendment challenge the Government’s gun- cessful constitutional challenge to allowed the government to use a related evidence; and investigating defendant’s silence to establish the and presenting mitigating evidence the practice of allowing the pros- death penalty aggravating factor of at his sentencing hearing, including ecution unlimited challenges for lack of remorse. evidence of Mr. Mikos’ bipolar disor- cause of jurors who objected to the der and other cognitive impairments. In October 2010, the Jenner & Block death penalty in murder trials, and team filed, in the U.S. District Court The Government filed a response to the 2003 Supreme Court decision for the Northern District of Illinois, a Mr. Mikos’ 2255 Motion in January in Wiggins v. Smith, establish- motion under 28 U.S.C. § 2255 for a 2012. The Firm team is now working ing standards for effectiveness new trial and to vacate, set aside, and on various activities associated with of counsel during the sentencing correct Mr. Mikos’ conviction and litigating the 2255 Motion. phase of capital cases. Continuing death sentence. Because a “2255 that tradition… Motion” offers defendants the oppor- The Firm team is led by Partner Barry tunity to present the court with new Levenstam and Associate April A. evidence, filing such a motion is the Otterberg, assisted by Associates equivalent of filing an initial but very Colleen G. DeRosa, Kaija K. Hu- detailed complaint in a case and is a pila, and Benjamin Sedrish and complex and significant endeavor, in- Paralegal Mary Frances Patston. volving new fact-gathering and other The Firm team also works with out- research, in addition to a full review of side co-counsel, capital case litiga- the handling of the case to this point. tor Marie F. Donnelly. 

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Jenner & Block Represents Clients in Capital Cases Across the Country

State of Georgia v. Clayton Jerrod Ellington

In 2011, the Firm took on a new capital case, representing Clayton Jerrod Ellington in a direct appeal to the Georgia Supreme Court, following his conviction and the imposition of three death sentences for the 2006 murders of his wife and twin two- year-old sons. The Firm is partnering with the Georgia Capital Defender in con- nection with the matter. The case was fully briefed in 2012 and Partner David W. DeBruin argued the case before the Georgia Supreme Court on July 9, 2012. The Court has not yet issued its decision. Team: Associates Nicholas R. Barnaby, Joshua N. Friedman, Kelly D. Gardner and J. Douglas Wilson.

State of Alabama v. LaSamuel Lee Gamble

Partner David W. DeBruin is working with the Southern Center for Human Rights and the ACLU Capital Defense Project on this retrial of LaSamuel Gamble’s capital case in Alabama. Mr. Gamble was convicted and sentenced to death for the shoot- ings of two persons, by a co-defendant, during the robbery of a pawn shop in 1996. In state habeas corpus proceedings, an Alabama court found that Mr. Gamble had not received effective assistance of counsel at the sentencing phase of his previ- ous trial and ordered a new sentencing proceeding. A date for this proceeding, which will take place before a jury in Shelby County, Alabama, has not yet been set.

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Jenner & Block Represents Clients in Capital Cases Across the Country, continued

State of Georgia v. William Lawrence Lee

The Firm’s client Larry Lee was sentenced to death in November 1987, in Wayne County, Georgia, for his alleged role in the robbery and killing of a couple and their 14-year-old son in April 1986. Between 1987 and 2008, the case was on direct ap- peal and then went on to habeas proceedings. On May 1, 2008, Lee won a state habeas petition. The Habeas Court found multiple problems with his trial, including ineffective assistance of counsel and the state’s failure to turn over exculpatory evi- dence that both pointed to other perpetrators and called into doubt the testimony of multiple witnesses. There was no forensic evidence tying Lee to the crime scene. The Habeas Court took 150 pages cataloguing and analyzing the various ways in which Mr. Lee’s rights were violated and remanded Lee’s case for retrial. The state has expressed an intent to retry him, notwithstanding its gross misconduct at the last trial and its loss or destruction of substantial exculpatory evidence. Jenner & Block was recently brought into the case to either prevent the trial from taking place or to assist in trying the case if it does go to trial. Several case-dispositive motions are now pending that seek either to bar retrial or exclude certain critical testimony. If these motions are successful, the case will be dismissed outright. Team: Partners David J. Bradford, Terri L. Mascherin and Daniel J. Weiss; Associates Jean Marie Doherty, Kelly M. Morrison, John M. Power and Paul B. Rietema.

Hector Torres Garcia v. State of Texas

Hector Torres is a Mexican national who was convicted and sentenced to death in Texas for a 1989 shooting. Jenner & Block took on Mr. Torres’ case through the ABA Death Penalty Representation Project after his direct appeal was denied. In March 2009, Jenner & Block filed two habeas corpus petitions in Texas state court, arguing that Mr. Torres did not receive effective assistance of counsel at the trial and appellate stages of his case. As of this date, there has been no ruling on either petition. Team: Partners Matt D. Basil and Sandi J. Toll; Associates Som P. Dalal, Casey T. Grabenstein, and Kaija K. Hupila.

Harold Lee Harvey, Jr. v. State of Florida

Jenner & Block began representing Harold Lee Harvey, Jr., who is on death row in Florida, in 1990, after his direct appeal was denied. After unsuccessful state pro- ceedings, the Firm filed an unsuccessful petition for a writ of habeas corpus on Mr. Harvey’s behalf, an unsuccessful habeas appeal to the 11th Circuit, and a petition for a writ of certiorari to the Supreme Court, which was denied in 2011. More than 17,800 hours were devoted to Mr. Harvey’s case during the Firm’s 21-year repre- sentation. Team: Partners Jeffrey A. Koppy, Ross B. Bricker, Michael T. Brody, Sally Sears Coder and Chris C. Gair; Associate Anna W. Margasinska. Partners Jessica Ring Amunson and Paul M. Smith assisted on the petition for certiorari.

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Jenner & Block Represents Clients in Capital Cases Across the Country, continued People v. Michael Angelo Morales

In late 2005 the Firm, along with co-counsel, began representing Mr. Morales in the U.S. District Court for the Northern District of California in an action under the Eighth Amendment, which argues that the state’s lethal injection protocol lacks procedural safeguards to ensure that condemned inmates are properly sedated before the lethal chemicals are administered. As instructed by the Court, the State of California thereafter undertook a review of its protocol and thereby effectively put in place a moratorium on carrying out the death penalty in California. In Sep- tember 2010, California sought to resume executions using a revised lethal injection protocol to execute Albert Greenwood Brown. The Firm and co-counsel undertook the representation of Mr. Brown, who was allowed to intervene in the original pro- ceeding, and an amended complaint was filed. Following a successful emergency appeal to the Ninth Circuit Court of Appeals, the District Court, on September 28, 2010, granted Mr. Brown’s motion for stay of execution, which remains in effect pending further review of the revised protocol. Team: Partner Richard P. Steinken; Associates Jean Marie Doherty, Kelly M. Morrison and Kate T. Spelman.

Billy Daniel Raulerson v. Hilton Hall

This is a constitutional challenge to Georgia’s capital punishment scheme requir- ing mentally retarded defendants to prove their disability “beyond a reasonable doubt,” in order to avoid the death penalty. The case also involves substantial inef- fective assistance of counsel claims. In 2010, in a related case (Hill v. Humphrey), a panel of the 11th Circuit Court of Appeals declared Georgia’s “beyond a reasonable doubt” requirement unconstitutional, a ruling which would have entitled Mr. Rauler- son to the same relief. However, the 11th Circuit granted the state’s request for an en banc review of that decision and the en banc court reversed the panel’s decision. The U.S. Supreme Court denied Mr. Hill’s petition for certiorari and a motion for rehearing of the denial of the cert petition is pending. In the meantime, Mr. Rauler- son’s case is on hold in the U.S. District Court for the Southern District of Georgia. Team: Partners Julie M. Carpenter, David W. DeBruin and Lindsay C. Harrison; Associate Michael W. Khoo.

PRO BONO & COMMUNITY SERVICE REPORT

10 PARTNERSHIPS WITH THE COURTS

Firm Actively Seeks Out Pro Bono Opportunities; Attorneys Play Key Roles in Court-Sponsored Pilot Projects

Jenner & Block has a long tradition of partnering with the courts to take pro bono appointments. For decades, for example, our late Chairman Emeritus Jerold S. Solovy served as the primary liaison between the Firm and the United States Court of Appeals for the Seventh Circuit, which, over the years, has assigned Jen- ner & Block attorneys hundreds of criminal and civil appeals to handle on behalf of those who could not afford to pay for legal representation. Exceptional Similarly, the Firm’s Washington, D.C. office has long-standing relationships with both the federal courts and the local D.C. courts, as well as with the D.C. Bar and commitment to its Pro Bono Clinic, yielding numerous referrals through informal means. For ex- ample, the office is frequently called upon in appellate matters when the D.C. Cir- pro bono. cuit Court of Appeals or the District of Columbia Court of Appeals determines that a significant issue has arisen in a pro se case and the party deserves representa- tion. In Washington, the trial courts, both federal and local, utilize the D.C. Bar Pro Bono Program to assign pro bono matters; the Firm staffs the Program’s Advice and Referral Clinic four times a year and accepts a minimum of six of its cases a year. In addition, many of the D.C. office attorneys have been federal court clerks and are often contacted directly regarding pro bono matters.

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Firm Actively Seeks Out Pro Bono Opportunities, continued

Evidencing its exceptional commitment With Partners Rick Richmond and to pro bono, the Washington office has Andrew J. Thomas heading up the been recognized for nine consecutive “Attorney Liaison” efforts, the LA office When the years by the District of Columbia Circuit is currently working on appeals in three Judicial Conference Standing Com- very different types of matters. In an courts here mittee on Pro Bono Legal Services, immigration matter entitled Palacios v. as one of a small number of D.C. law Holder, Mr. Thomas is supervising As- have a pro se firms in which at least 40% of attorneys sociate Kate T. Spelman in an appeal perform at least 50 hours of pro bono from a Bureau of Immigration Affairs case that needs services in a year. For 2011, Jenner decision in a removal proceeding. As- & Block not only met the benchmark, sociates Jean Marie Doherty and serious counsel, but was one of only seven firms that Christopher S. Lindsay are involved exceeded it, with 50 percent or more in a long-running citizen suit claiming they know who of its attorneys contributing 50 or more violations of the Clean Water Act by the pro bono hours. Additionally, the Firm Army Corps of Engineers, Port of Port- to call. received a special nod from the Honor- land, Oregon and City of Portland for able Royce Lamberth, Chief Judge of allegedly dredging spoils and illegally the U.S. District Court for the District of disposing of the dredged materials on Columbia, for being the only D.C. firm the wetlands of West Hayden Island, whose partners surpassed the bench- Oregon and in the navigable waters mark, with 45 percent of its partners of the United States surrounding the meeting the 50-hour mark. island and adjacent to the Columbia River. As D.C. Partner Julie A. Carpenter points out, “When the courts here have The most recent case to which the a pro se case that needs serious coun- Firm has been assigned is Gallagher v. sel, they know who to call.” San Diego Unified Port District, anoth- er long-running case, dating back to Since September 2011, the Firm’s Los 1998. The suit involves a claim of dis- Angeles office has been working with crimination under the Americans With the pro bono coordinators in the Clerk’s Disabilities Act, among other causes of Office of the U.S. Court of Appeals for action, arising in connection with the the Ninth Circuit, to secure its place on plaintiff-appellant’s difficulty accessing the list of law firms who are routinely his boat at a dock in San Diego, due to called upon to represent pro se, and a shortened leg he suffers as a result usually indigent, individuals in appel- of childhood polio. Partner Richard L. late matters. Generally, referrals are Stone and Associate Kirsten C. Jack- made when either a Motions Panel or son are representing Mr. Gallagher in a Merits Panel determines that a case the appeal of the grant of summary may have merit, but that the issues are judgment to the Port District by the not being properly presented and the District Court for the Southern District appointment of counsel would benefit of California. the court’s review.

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Firm Actively Seeks Out Pro Bono Opportunities, continued

“This relationship with the Court pro- ly supervise the Firm associates who vides a great opportunity, particu- are on the defense team. larly for associates, to draft and file appellate briefs and to handle oral Since 2010, Ms. Jestin and the Firm arguments,” said Mr. Thomas. have been assigned and handled ap- proximately 10 cases. While most of In New York, Partner Katya Jestin the cases have involved drugs and/or leads the Firm’s partnership with the guns, there was one home invasion U.S. District Court for the Eastern case and one “nanny-smuggling” District of New York, as a member crime. Many of the matters have re- The clients of the Court’s CJA Panel. The Pan- sulted in guilty pleas. el, created pursuant to the Criminal receive first-rate Justice Act of 1964, is comprised of The active case presently assigned private attorneys who are eligible to to the Firm is somewhat of a depar- representation be appointed to provide representa- ture from the usual. It is a death pen- tion to indigent persons charged with alty-eligible matter involving charges from experienced, a federal felony or misdemeanor that of murder and drug conspiracies. could result in imprisonment, juvenile Members of the team include Associ- knowledgeable delinquency, or violation of probation; ates Randall T. Adams, Matthew D. or entitled to appointment of counsel Cipolla and Joshua H. Rubin. and skilled in parole proceedings; or for whom Other associates who participate the Sixth Amendment requires the in this program on a rotating basis attorneys. appointment of counsel; or who face include Joseph P. Fishman and loss of liberty under any federal law Anne C. Perry. requiring appointment of counsel. The program is beneficial in multiple Selection to the Panel is an honor and respects. The court is assured that Panel members are attorneys who defendants have competent repre- have demonstrated experience in sentation. The associates have the and knowledge of the Federal Rules opportunity to work on real criminal of Criminal Procedure, the Federal cases in which they attend client Rules of Evidence and the United meetings, obtain significant draft- States Sentencing Guidelines. Mem- ing experience including working on bers serve three-year terms; Ms. sentencing briefs, and work under Jestin was appointed in 2010. the supervision of highly experienced Ms. Jestin has two “duty days” a year criminal defense attorneys. and an associate accompanies her. The clients receive first-rate represen- On these days, they receive the court tation from experienced, knowledge- appointments and commit to repre- able and skilled attorneys. Says Ms. senting the client during his or her Jestin, “Jenner & Block lawyers have entire case. As the Panel member, it provided top-notch representation is Ms. Jestin’s responsibility to close- to our CJA clients; our clients have

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Firm Actively Seeks Out Pro Bono Opportunities, continued

Attorney volunteers participating in received positive outcomes in their aents in obtaining both emergency as the Domestic Violence Pro Bono Pi- cases and we have carefully guarded well as plenary orders of protection. their rights every step of the way.” lot Project currently include: Chris- Partner Katherine M. Rahill leads tine L. Childers, James H. Feld- Most recently, the Firm’s Chicago at- the Firm’s efforts in recruiting at- man, E. Lynn Grayson, Jason J. torneys have been contributing many torneys to volunteer, manages the Green, Reginald J. Hill, Melissa pro bono hours to two newly insti- monthly attorney schedule and su- M. Hinds, Keri L. Holleb Hotaling, tuted programs in the Cook County pervises associates on site. “It really Steven M. Siros, Lise T. Spaca- Circuit Court – the Domestic Vio- is a great program,” said Ms. Rahill. pan, and James L. Thompson; As- lence Pro Bono Pilot Project and the “Through the clinic, our participants sociates Sarah S. Ansari, Thom- Municipal Court Pro Bono Program. provide an important public service as A. Bousnakis, Christine M. while gaining valuable Bowman, Emily Burke Buckley, It is easy to see the concrete litigation experience. It Colleen G. DeRosa, Genevieve is easy to see the con- J. Essig, D. Matthew Feldhaus, impact this work has on our crete impact this work Jennifer K. Gregory, Sabrina N. has on our clients’ lives. Guenther, Sara Tonnies Hor- clients’ lives. The emergency orders ton, Jill M. Hutchison, Nicholas often provide immedi- A. Kurk, Michaelene R. Martin, The Domestic Violence Project, initi- ate relief to people in harmful situa- Rachel Sandel Morse, Ryan A. ated in 2011, provides assistance to tions and the plenary orders help to Particka, Keith V. Porapaiboon, individuals seeking orders of pro- protect our clients long term.” John M. Power, Brian H. Rowe, tection under the Illinois Domestic Justin C. Steffen, Jennifer S. Se- Violence Act. Through the program, Said Associate Rachel Sandel nior, Christopher K. Stos, Nan- volunteer attorneys aid clients in ob- Morse, a participant in the program, gah N. Tabah, and Matthew A. taining both emergency and plenary “It has been a fantastic experience, Wlodarczyk; Of Counsel Marc D. orders of protection. Jenner & Block particularly for young associates at Sokol; and Staff Attorneys Seth J. staffs the clinic during the morning the Firm.” Depending on the judge, Schriftman and Christopher M. sessions every other Friday and one they have the opportunity to deliver Sheehan. Monday afternoon a month. On clinic a brief opening statement, conduct intake day, Firm attorneys meet and direct and cross examinations, move interview abuse victims who would documents into evidence, and ne- otherwise be pro se, write up and gotiate the terms of the order. In one file the paperwork for a petition for case, Ms. Morse did all of these and an emergency order, and represent secured a one-year order of protec- them in an ex parte hearing on that tion for her client. petition. “It is a great service to the court Three weeks later, the attorneys return and the clients. In a limited number with the client for a contested hearing of hours, you really do see results to obtain a plenary order of protec- quickly. The need is great,” Ms. tion. Jenner & Block attorneys have Morse added. successfully represented many cli-

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Firm Actively Seeks Out Pro Bono Opportunities, continued During 2011, Firm volunteers repre- The need for such a program was first sented 22 clients and contributed ap- noted by Cook County Circuit Court proximately 1,000 pro bono attorney Associate Judge Thomas M. Donnelly, hours. who informally reached out to Jenner & Block, at the same time that he was The Firm is also teaming up with the proposing the idea of a pro bono pan- Cook County Circuit Court, the Chi- el of volunteer attorneys to the CBA cago Bar Association and Chicago and CBF. Jenner & Block was one of Bar Foundation, Coordinated Advice four firms that initially agreed to sup- and Referral Program for Legal Ser- port such a program, with associates vices (CARPLS), and Chicago Legal volunteering to represent the litigants Clinic, to participate in the Municipal and partners agreeing to supervise Court Pro Bono Pilot Program, which and guide the associates. The Firm also launched in 2011. Lawyers who has also provided training sessions for volunteer for this program represent participating attorneys. low-income litigants in cases involving claims of $30,000 or less, in which a Partner Gregory M. Boyle and As- jury demand has been filed. sociates Jason M. Bradford and Sa-

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Rahill Recognized by Chicago Foundation for Women for Leadership Role in Order of Protection Pro Bono Representation Program

For her leadership of Jenner help women and girls. The Impact Awards event is one & Block’s participation in the of two annual signature events hosted by the Founda- Circuit Court of Cook County Domestic Violence Divi- tion and is attended by approximately 300 of Chicago’s sion’s Order of Protection Pro Bono Representation most notable leaders. Program, Partner Katherine M. Rahill received the Chicago Foundation for Women’s 2012 Impact Award Ms. Rahill’s selection for the Impact Award represents at a reception and dinner at the Spertus Institute on the recognition of not only her work, but the work of March 15. The Chicago Foundation for Women is an im- each Firm attorney participating in the project, which al- portant organization in the Chicago area, dedicated to ready has made significant contributions to the lives of  raising money to fund and support organizations that these clients and their families.

Firm Actively Seeks Out Pro Bono Opportunities, continued

brina N. Guenther lead the Firm’s in- litigation. And there are numerous ad- volvement in this program. While CBF vantages from a professional devel- administers the program overall and opment perspective. Young attorneys distributes the cases to the law firms have the opportunity to gain litigation and CARPLS screens clients for in- experience they would not otherwise come eligibility, meritorious claims or obtain so early in their careers, includ- defenses and the need for litigation ing drafting pleadings and discovery counsel, Mr. Bradford and Ms. Guen- motions, and delivering openings and ther screen and evaluate the cases in- closings. Ms. Guenther and Mr. Brad- ternally. ford agree that they have both learned a great deal about handling eviden- The Program provides numerous ben- tiary issues. Said Ms. Guenther, “I got efits for all involved. The most obvious a lot of ‘firsts’ through the Program.” is that it helps to level the playing field for the clients, who would otherwise Based on the experience gained by be facing adversaries who are repre- participating attorneys, the CBF is de- sented by counsel. veloping new training materials that will be even more helpful to new law- Additionally, in contrast to much of yers. the pro bono work Jenner & Block attorneys do involving criminal mat- Mr. Boyle points out that there has ters and impact-type cases such as been another valuable benefit that class actions, the Program provides may have been an unintended con- a steady stream of worthwhile civil sequence. The Program brings attor- pro bono matters, to which the Firm neys into Municipal Court who do not can direct its noted experience in civil customarily appear there and these

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Firm Actively Seeks Out Pro Bono Opportunities, continued Partners Instrumental in attorneys see things with fresh eyes. “This Program raises the level of justice overall. Lawyers who don’t typically practice in Municipal Renaming Chicago Criminal Court ‘shake things up,’ and that is a good thing for everyone in the Courthouse “The Honorable courthouse,” said Mr. Boyle. George N. Leighton Criminal He noted that the Program has been very well-received at the Court Court Building” and by the Chief Judge, and that there is interest in the concept beyond Chicago. He moderated a panel discussion about the pilot project at the American Bar Association’s Annual Meeting in August. Panel members were judges, Chicago Bar Foundation representa- tives and private practitioners who have participated in the Program.

Other Firm participants in the program include Partners Matt D. Ba- sil, Elizabeth Abbene Coleman, Michael A. Doornweerd, Jeffrey S. Eberhard, David Jimenez-Ekman, Craig C. Martin, and Joanne H. Sweeney; Associates Jennifer T. Beach, Brian L. Dougherty, Nicholas A. Kurk, Michael H. Margolis, Ryan A. Particka, Keith V. Porapaiboon, Jennifer Senior; and Of Counsel Marc D. Sokol.  Jenner & Block Partners Jeffrey D. Col- man, Gail H. Morse and John B. Simon Colman Named Chair of Illinois Supreme assisted the Illinois Supreme Court Historic Commission and the Cook County Board IMPACT LITIGATION – FAIR HOUSING Court Access to Justice Commission of Commissioners in proceedings leading to the renaming of the Cook County Crimi- On June 13, 2012, the Illinois Supreme Court announced the cre- nal Courthouse at 26th Street and Califor- ation of the Commission on Access to Justice and the selection of nia Avenue in Chicago, in honor of Judge Jenner & Block Partner Jeffrey D. Colman to lead the 11-person George N. Leighton. In a dedication cer- group. The Commission is charged with promoting, facilitating and emony at the courthouse on June 29, 2012, enhancing equal access to justice for all people in the state, but politicians, judges and lawyers recalled particularly the poor and vulnerable. It will focus on access to the highlights of the 99-year-old jurist’s six- Illinois civil courts and administrative agencies and is intended to decade legal career as an attorney, circuit complement and collaborate with other entities in Illinois that are court judge, state appellate court judge and already addressing access to justice issues. In describing the goals federal district court judge.  of the commission, Mr. Colman states, “It is a very broad-based, di- verse commission with expansive duties to recommend any kinds of proposals we can come up with to improve access to our courts for everyone. We will be exploring everything from the kinds of forms that are used and how those forms can be made simpler and easier to understand to language barrier issues. We are going to explore every possible idea that would help make the judicial system more accessible.” 

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17 IMPACT LITIGATION – FAIR HOUSING

Jenner & Block Achieves Landmark Settlement for 22,000 New York City Tenants

On June 6, 2012, in one of the Firm’s most significant pro bono victories in recent years, a federal judge in New York approved a landmark settlement agreement be- This Program raises tween a class of 22,000 tenants and Pinnacle Group, one of New York City’s largest residential landlords. The settlement capped a successful five-year legal battle by the level of justice our team of pro bono lawyers in this important impact litigation. overall. Lawyers who Pinnacle owns many rent-controlled apartments in New York, which has a very don’t typically practice complicated set of laws and rent-control regulations. The company, which denies in Municipal Court all liability in connection with the settlement, was accused of orchestrating a cam- paign of harassment against its low-income tenants in an apparent effort to force ‘shake things up,’ and them to move out so that new tenants – not under rent control – could move in and that is a good thing thereby make Pinnacle’s buildings more valuable. for everyone in the Jenner & Block’s involvement began after a 2006 New York Times article was pub- courthouse. lished, detailing a New York Attorney General’s investigation into allegations that Pinnacle was violating New York rent control laws while seeking to drive tenants out of their rent-controlled apartments. The New York City Public Advocate at the

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18 IMPACT LITIGATION – FAIR HOUSING

More Than 22,000 NYC Tenants Gain Relief, continued time, Betsy Gotbaum, approached the Firm to ask whether the tenants might have a cause of action that could be prosecuted civilly by a private law firm on a pro bono basis.

The Firm and Partner Richard F. Levy answered the call.

Mr. Levy assembled a team of lawyers to begin investigating. The result of their pre-filing investigation was a creative and aggressive civil RICO lawsuit filed in July “Mr. Levy’s legal acumen 2007 in the U.S. District Court for the Southern District of New York. The lawsuit also included pendent state law claims for violation of the New York City Consumer and professional experi- Protection Act. Pinnacle’s attorneys sought to eviscerate federal jurisdiction over the ence…weigh in favor of suit by filing a Rule 12(b)(6) motion directed at the federal RICO claims. approving the Settle- One of the Firm team’s first and more significant victories in the case was the defeat ment…the Court is com- of that motion, in a September 5, 2008 opinion by Judge Colleen McMahon. With the RICO claims and the entire case very much alive, class certification discov- pletely assured of Class ery proceeded and then culminated in another huge win for the team. On April 27, Counsel’s competence, 2010, Judge McMahon certified an injunctive and liability class of all persons (about integrity, and good faith. 22,000) who had been or were rent-controlled tenants in all buildings owned or con- trolled by Pinnacle between 2004 and 2010. Pinnacle sought to appeal class certi- The conduct of the litiga- fication in the Second Circuit, but on September 30, 2010, its motion was denied. tion lay ultimately in Class

The next day, Pinnacle lawyers called Jenner & Block to propose settlement talks. Counsel’s hands, and I Ironically, these settlement discussions marked not the end of the story, but rather am satisfied that he dis- the start of a new and important chapter. charged his fiduciary duty The Firm found itself at odds with its titular clients, the five named class representa- to the best of his profes- tives. They, and other class members, were justifiably angry at the years of abuse sional ability. Neither the the class had endured, allegedly at the hands of Pinnacle. These named plaintiffs had grandiose goals for the settlement, and it soon became clear that settling the Class nor the Court can case in best interests of the class as a whole, and obtaining court approval of the demand more.” settlement over the objections that were sure to follow, would be a daunting, costly, and labor-intensive task. U.S. District Court Judge Colleen McMahon But once again, the Firm answered the call.

The team first sought to obtain the agreement of the class representatives to settle- ment terms that included a streamlined, independent claims-administration process that would give tenants a ready route to pursue claims for rent overcharges and other damages, as well as a $2.5 million contribution by Pinnacle to a fund that would pay for the education and assistance of the tenants in asserting their rights under the settlement.

Mediating the dispute over the settlement, U.S. Magistrate Judge Roland Ellis told the named representatives that the settlement was “far better than anything that could be obtained in litigation.”

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19 IMPACT LITIGATION – FAIR HOUSING

More Than 22,000 NYC Tenants Gain Relief, continued

But the class representatives did not agree, so the Firm, as class counsel, con- cluded that under the law, it had the power and the obligation to settle the case in the class’ best interest. Finally, after a lengthy pre-suit investigation, more than four years of litigation and eight months of negotiations, Firm attorneys signed a settle- ment agreement with Pinnacle, on behalf of the class, on August 8, 2011.

The settlement agreement prompted the expected objections and litigation leading to a fairness hearing and the attempted intervention of three lawyers claiming they could better represent the best interests of the class. During an October 2011 hear- ing on that claim, Judge McMahon responded to it this way:

“I don’t know why,” the judge said. “You have a law firm of national reputation, law- yers whose intelligence, diligence in connection with this lawsuit, and bona fides are not open to question.”

The judge, however, was not yet ready to approve the settlement. She ordered ad- ditional notice and briefing to give herself a basis to conclude that the settlement and its procedures would comport fully with due process and other federal stan- dards. As a result, the fairness hearing did not occur until April 12, 2012; the hearing prompted still more briefing.

Finally, on June 6, 2012, Judge McMahon issued her 56-page ruling approving the settlement, which also included $1.25 million in attorney fees and $200,000 in costs, and an agreement by Pinnacle to follow a series of “best practices” in their dealings with tenants.

In her ruling, Judge McMahon stated that she was relying in part on the Firm’s excel- lent representation of the class, and she singled out Mr. Levy for high praise, specifi- cally citing his “legal acumen and professional experience” as weighing in favor of approval.

“Whatever disagreements may exist,” Judge McMahon wrote, “the Court is com- pletely assured of Class Counsel’s competence, integrity, and good faith. The con- duct of the litigation lay ultimately in Class Counsel’s hands, and I am satisfied that he discharged his fiduciary duty to the best of his professional ability. Neither the Class nor the Court can demand more.”

Associate Marisa K. Perry assisted Mr. Levy in leading the Firm’s team on the matter, which also included Associates Sabrina N. Guenther, Eddie A. Jauregui, Katherine A. Neville, Tarsha A. Phillibert and Joshua H. Rubin. Partners Ross B. Bricker, Michael T. Brody and Carletta F. Higginson also consistently offered their invaluable experience and skill. In all, more than 50 Jenner & Block lawyers spent time on the matter at one point or another since 2006.

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20 IMPACT LITIGATION – FAIR HOUSING

More Than 22,000 NYC Tenants Gain Relief, continued

In addition, a team of 10 paralegals, project assistants, and legal secretaries helped respond to more than 1,000 telephone calls and 100 email and letter submissions from class members with questions during an eight-month period.

The Pinnacle story is about the Firm’s answering the call to pro bono service for the good of the public, and at great sacrifice. This very substantial investment of attorney time represented a sacrifice not only by the Firm, but also by the individual attorneys, and in particular by Mr. Levy, whose personal contribution to the case spanned five years and totaled in the thousands of hours. While the value of attorney time invested in particular matters is not often discussed publicly, it is important to note that, in this case, the $1.25 million fee award represents only a fraction of the value of the attorney time devoted to this matter over its five-year history.

As for the $200,000 in expenses, when they are paid, they will represent a partial recovery of what the Firm paid in out-of-pocket costs in the case, including the hiring of an expert in New York rent control laws (who worked nearly full time on this matter for almost a year and was mentioned in the opinion as being critical to settlement approval), and the substantial costs associated with notice to the class.

The Pinnacle lawsuit and settlement is the type of pro bono victory not seen very often in our profession. It is likely that the success of the RICO claims and the relief afforded the class may well have a positive effect on future relations between resi- dential tenants and landlords in New York City. From a legal perspective, the case stands as an example of how tenacious and careful lawyers can obtain settlement relief for a class despite even the most contentious of circumstances, including ob- jections from the class representatives themselves. 

New York City Public Advocate Issues Proclamation Declaring Jenner & Block’s Contributions

For its work in BRUSH v. Pinnacle, New York City Public Advocate Betsy Gotbaum issued a Procla- mation attesting to the contributions of Jenner & Block to public and private advocacy in New York since the opening of its office there in 2005. The Proclamation specifically noted the Firm’s assistance to the Public Advocate with work on behalf of tenant community organizations in the matter, continu- ing its tradition of providing the “highest caliber of legal counsel.” Ms. Gotbaum formally presented the Proclamation to Partner Richard F. Levy, who accepted it on behalf of Jenner & Block, at the Firm’s New York office. 

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21 ATTORNEYS CONTINUE TO SAVE

LIVES IN HUMAN TRAFFICKING AND

ASYLUM REPRESENTATION

A HALLMARK OF JENNER & BLOCK’S PRO BONO PROGRAM

Jenner & Block Attorneys Obtain Groundbreaking Two-part Victory for Human Trafficking Victim

In September 2008, the Firm filed a civil RICO lawsuit against a family of five in Wisconsin, alleging that the parents and three adult children had conspired to traffic and enslave our client. The parents, both physicians, had concealed the Jenner & Block is well-known for woman’s presence in their mansion for 19 years, forcing her to work as a nanny developing innovative approaches and housekeeper for 16 to 18 hours each day without pay. in litigation. Nowhere has this been The initial RICO complaint, skillfully drafted by Associate Sarah A. Maguire, more evident than in the numer- with assistance from Partner R. Douglas Rees, survived despite three motions ous human trafficking and asylum to dismiss. AmLaw Litigation Daily noted “We’ve seen some creative uses of cases the Firm handles – a hall- the [RICO] Act, but never in a human trafficking case. The pro bono case that mark of Jenner & Block’s Pro Bono Jenner & Block filed…is a first for us.” The court also found a private right of Program. For example, a team of action under the Thirteenth Amendment, forging new law along the way.

Firm attorneys recently obtained After the legal victory, the case became an insurance matter. A bevy of insur- a six-figure cash award from three ance companies all argued that they had neither a duty to defend, nor a duty homeowners’ insurance companies to indemnify. Led by Partner Matthew L. Jacobs, with assistance from Part- in an unprecedented settlement for ner Lorelie S. Masters, the Firm’s insurance team took over, with Associates a trafficking victim… Reena R. Bajowala and Leah J. Tulin drafting extensive briefs arguing that the insurance companies did owe the defendants coverage for their criminal acts. Unfortunately, the judge disagreed, and, since the parent defendants were in prison for human trafficking and their former millions had been dis- sipated, compensation for the client seemed unlikely.

However, in November, the judge conducted a mediation and, in preparing for the mediation, a member of the team spotted major flaws in the policy and practice of an insurance company not yet dismissed from the case. On

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22 HUMAN TRAFFICKING AND ASYLUM REPRESENTATION

Jenner & Block Attorneys Obtain Groundbreaking Two-part Victory for Human Trafficking Victim, continued December 22, after an 18-month battle with the insurance three of the insurance companies — the first case in the pub- companies — and with the merits case still stayed — the lic record in which insurance companies have paid out dam- Jenner & Block team wrested a settlement from the insur- ages in a human trafficking suit. ers. The client obtained a judgment of $1 million from the Over a three-and-a-half-year period, Firm personnel devoted parent defendants and an additional $210,000 in cash from more than 3,100 hours to this case. 

In other human trafficking matters:

Working with the American Civil Liberties Union, Partner work outside the home. Partner Amanda S. Amert led the Lorelie S. Masters led a team that helped create innovative Firm team that, after more than two years of negotiations, legal arguments that resulted in a groundbreaking crafted a settlement for a combination of back wages and settlement with the Kuwaiti government for three women tort damages, in the total amount of $45,000. Partners from India who were trafficked and forced into labor by a Heather D. McArn and Gail H. Morse and Associate Kuwaiti diplomat, his wife, and the State of Kuwait. The Kristen M. Rogers assisted in the matter. case involved highly complex, hyper-technical procedural issues, touching on the Foreign Sovereign Immunities In a rare criminal case that began as an FBI investigation Act, the Vienna Convention on Diplomatic Relations, and into alleged domestic worker abuse, Tanzanian World The Hague Service Convention, in which the Department Bank economist Anne Margreth Bakilana pleaded guilty, of State intervened twice to opine on service issues. The in March, 2010, to two counts of making false statements, settlement affirmed the principle that no form of immunity spent a day in jail and agreed to pay $41,000 in back wages should allow diplomats to treat their employees like slaves. to a former domestic worker after Bakilana admitted she lied to the FBI about her treatment of the servant. The Firm In a case against Qatar’s second-highest ranking diplomat represents the plaintiff, a Tanzanian woman, in a civil suit in the United States, four women represented by Partner against Bakilana pending in federal court in Washington, Lorelie S. Masters, claim in a civil lawsuit that he and D.C. Bakilana hired the woman to work in her home in Falls his family forced them to work around the clock for little Church, Virginia, and improperly withheld her wages and pay while enduring emotional abuse and, according threatened to send her back to Tanzania. Unaware that to one woman, sexual assault. The human trafficking she had been taped by the client at the request of the lawsuit was filed March 25, 2011, in U.S. District Court in FBI, Bakilana then lied to federal investigators about her Washington, D.C. statements. Partner Julie M. Carpenter leads the Firm’s team and Associate Michael W. Khoo spearheaded the In 2009, Jenner & Block accepted a referral from the successful civil action. Southern Poverty Law Center to represent a family who had been trafficked from Africa and spent seven years in Partner Julie M. Carpenter and Associate Carrie F. Apfel forced labor. A husband, wife and young son had traveled recently filed a lawsuit in the U.S. District Court for the to the United States to work at a filling station in Alabama, District of Columbia alleging human trafficking, slavery at the request of an American missionary who promised and breach of contract by defendant Emma Zegarra, them wages sufficient to support themselves and send another World Bank employee. Ms. Zegarra first employed money back to four children who remained in Africa. The our client in Bolivia and then persuaded her to come to missionary, in fact, paid $15 per week to work 12 hours the United States to work for her family. The suit claims a day, six days a week and demanded that the wife also that Ms. Zegarra forced the plaintiff to work as a domestic work at the station, although she did not have a valid work servant for three years without pay. visa and had been promised that she would not have to

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23 HUMAN TRAFFICKING AND ASYLUM REPRESENTATION

Jenner & Block Partner Argues First Case Before U.S. Supreme Court, Wins Landmark Multi-Jurisdictional Battle to Obtain Asylum for Client

A four-year trek from the U.S. Court of Appeals dard that had been adopted by several Circuit for the Fourth Circuit to the U.S. Supreme Court, courts. The precedent has helped thousands of back to the Fourth Circuit and then back to the asylum-seekers to remain in the United States Immigration Court ended on October 25, 2011, while their appeals are pending so long as they with a grant of asylum for Jenner & Block pro have a likelihood of success and a risk of harm bono client, Jean Marc Nken. if deported.

Mr. Nken, a native of Cameroon, fled in 2001, af- The Fourth Circuit subsequently ruled that the ter having been jailed and tortured by the Cam- Bureau of Immigration Appeals (“BIA”) had eroonian government for his participation in erred, and remanded the case, giving Mr. Nken pro-democracy protests. He lost his initial asy- another chance to obtain asylum. However, lum case and several unsuccessful appeals and procedural rules about what evidence could be was set to be deported when Jenner & Block admitted the second time around raised formi- Partner Lindsay C. Harrison took on his case. dable difficulties. The Firm team worked count- Identifying a split in the circuits on the standard less hours to put together the strongest pos- applied to a stay, Ms. Harrison led a team in- sible case for Mr. Nken’s eligibility, assembling cluding Associate Julia K. Martinez in obtain- dozens of exhibits documenting the publicity his ing certiorari at the Supreme Court. An associ- Supreme Court case had received and evidence ate herself at the time, Ms. Harrison argued the that Mr. Nken had continued his political activ- case in the Supreme Court in 2009, prevailing in ism here in the United States, as well as expert a 7-2 decision holding that the traditional stan- testimony that this publicity made Mr. Nken a dard for a stay motion should apply to immigra- high-profile political dissident likely to be tar- tion appeals rather than the more stringent stan- geted upon his return to Cameroon.

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24 HUMAN TRAFFICKING AND ASYLUM REPRESENTATION

Jenner & Block Partner Argues First Case Before U.S. Supreme Court, Wins Landmark Multi- Jurisdictional Battle to Obtain Asylum for Client, continued Ms. Harrison and her team presented Mr. Nk- And, in a hard-fought cancellation-of-removal en’s case in a contested hearing before an Im- case that has been pending since 1997, Partner migration Judge. A decade after he fled Camer- Jerold Oshinsky and Associate Damon Thay- oon, the judge ruled that Mr. Nken was entitled er were successful in achieving termination of to asylum, and the government agreed to waive removal proceedings on behalf of their pro bono its right to appeal. As a result of the Firm’s thou- client. On July 20, 2011, after two appeals to the sands of hours of work on his behalf, Mr. Nken is U.S. Court of Appeals for the Ninth Circuit, two now entitled to remain in the United States with rounds of mediation in the Ninth Circuit’s me- his wife and young son. diation program, three motions to reopen before the Board of Immigration Appeals and two U.S. In the past year the Firm also gained asylum Citizenship and Immigration Services adjust- for an Eritrean who had been interrogated, ment-of-status petitions, the Board of Immigra- tortured, and imprisoned for criticizing his tion Appeals agreed to terminate removal pro- government’s practice of summarily executing ceedings so the client’s status can be adjusted alleged deserters and a man from Chad whom to that of a permanent resident of the United the Firm represented not only in his asylum States based on his skilled-worker visa. The cli- matter, but also on a criminal matter that arose ent, a native and citizen of Mexico, was brought during its pendency, securing a favorable plea to the United States by his father in 1987, when agreement that did not negatively impact his he was 15 years old. Gainfully employed as a asylum case. Partners Megan B. Poetzel, tradesman all of his adult life, he married in the Lawrence S. Schaner, Wade A. Thomson U.S. and has four children who are all U.S. citi- and Charlotte L. Wager, and Associate Anna zens; his father became a U.S. citizen in 2008. Barreiro Sutti were members of the Firm teams Partner Kenneth K. Lee was also a member of that successfully represented these clients. the Firm team. 

The precedent has helped thousands of asylum-seekers to remain in the United States while their appeals are pending so long as they have a likelihood of success and a risk of harm if deported.

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25 HUMAN TRAFFICKING AND ASYLUM REPRESENTATION

Jenner & Block Partners With National Immigrant Justice Center

Jenner & Block has long been a partner with During the past year, Firm attorneys have the Heartland Alliance’s National Immigrant achieved very positive outcomes in several Justice Center (NIJC), a nonprofit, based in significant cases referred by the NIJC: Chicago, that promotes human rights and access to justice for immigrants, refugees, In the first deportation proceeding involving and asylum seekers through legal services, someone from the newly founded Republic policy reform, impact litigation, and public of South Sudan, Jenner & Block’s represen- education. tation resulted in the Seventh Circuit vacat- ing removal of the Firm’s client and ordering Immigrants are not provided court-appointed the Board of Immigration Appeals (“BIA”) to counsel for hearings before the immigration devise a protocol for dealing with future de- courts. If an immigrant is unable to pay for portations involving the newly recognized a private attorney or secure pro bono rep- country. resentation, he or she is forced to go to court and After fleeing Sudan with his family to avoid Partners Lawrence S. Schaner seek relief alone. Without persecution by the Sudanese government and Wade A. Thomson serve an attorney, an immigrant during a violent civil war that had begun in on the NIJC Leadership Board in immigration court pro- 1983, our client was later admitted into the and Associate Reena R. Bajo- ceedings is eight times United States as a refugee and became a per- wala serves on the NIJC Junior more likely to lose his or manent resident, but was subject to removal Leadership Board. her case than an immigrant proceedings after being convicted of a crime who has representation. a year later. He sought deferral of removal under the United Nations Convention Against While the NIJC has a full-time staff of attor- Torture and Other Cruel, Inhuman or Degrad- neys and paralegals, they alone cannot pro- ing Treatment or Punishment, an international vide legal advice to the more than 10,000 treaty that prevents nations from returning in- impoverished immigrants, refugees and asy- dividuals back to a country in which they will lum seekers that need assistance from the likely be tortured. Our client claimed that the organization each year. And, in general, the Sudanese government would detain and tor- government does not fund organizations that ture him upon arrival in Khartoum because he provide representation to undocumented im- was a failed asylum seeker and fled Sudan in migrants, including asylum seekers. NIJC is part to evade conscription into the Sudanese one of few organizations in Chicago that ac- Army. When his petition was denied by an cept undocumented immigrants and the only immigration judge and affirmed by the BIA, comprehensive immigration legal services the client appealed to the Seventh Circuit, organization in Chicago that provides pro where Associate Damon Thayer argued the bono representation to asylum seekers and case. In a novel development in the case, a other undocumented immigrants. Because month after the oral arguments, South Su- of the significant services that NIJC provides, dan, the area of Sudan that had been the its network of pro bono attorneys, as well as client’s home, declared independence from financial support from foundations, law firms, Sudan, fundamentally changing the geopo- and individuals, are essential for its work. litical circumstances framing his petition for

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26 HUMAN TRAFFICKING AND ASYLUM REPRESENTATION

Jenner & Block Partners With National Immigrant Justice Center, continued Schaner honored deferral. On August 26, 2011, the Sev- manent resident, was convicted of enth Circuit granted him protection aiding and abetting a conspiracy to with the 13th Annual under the Convention. In addition to import aliens for an immoral purpose, Midwest Light of Mr. Thayer, the Firm’s team included i.e., a house of prostitution. He pled Human Rights Award Partner Brent Caslin and Associates guilty in an agreement that specified Jean Marie Doherty, and L. David that his involvement was minor; the Partner Lawrence S. Schaner re- Russell. Following the Court’s deci- only act alleged was that he brought ceived the 13th Annual Midwest sion, the Firm, with NIJC co-counsel, condoms to the sex-workers. Under Light of Human Rights Award successfully settled a motion for at- the aggravated felony definition, any from the Heartland Alliance’s torneys’ fees brought pursuant to the offense that “relates to the owning, National Immigration Justice Equal Access to Justice Act on be- controlling, managing, or supervis- Center at its annual awards cer- half of the client. The settlement is ing of a prostitution business” is an emony. Since 2000, the Midwest aggravated felony, Light of Human Rights Awards so the question was has honored human rights work- A result that could mean the difference whether the convic- ers and celebrated the contri- between mandatory deportation versus tion qualifies. The butions of business, civic, and BIA held that the presumptive deportation with opportunity philanthropic leaders in promot- conviction related to ing human rights. Mr. Schaner to seek relief for many defendants managing a prosti- was recognized by the NIJC tution business, as convicted of aiding and abetting for his many years of service an individual who and support to the organiza- conspiracies. abets a crime is li- tion and for his work on behalf able for the crime to of refugees and asylum seekers. the same extent as purportedly the highest negotiated others, and the fact that his role was settlement with the Department of minor was irrelevant. In June 2011, Homeland Security to date in a cir- Ms. Bennett and her team argued cuit appeal of an immigration case. to the Seventh Circuit that the peti- This is significant not only as an im- tioner’s conduct clearly did not rise portant victory for the client and the to the level of management, supervi- Firm, but also for other immigrants, sion, control, or ownership, and that, as the settlement should incentivize even if the object of the conspiracy more quality attorneys to take immi- was to run a prostitution ring, he was gration cases. a minor player. A unanimous three- judge panel of the Court agreed, rul- In representing a client in a petition for ing that the Board had misapplied review of a deportation order, Partner the categorical test for determining Iris E. Bennett achieved a result that whether an offense is an aggravated could mean the difference between felony. Moreover, the Court held “it mandatory deportation versus pre- stretches the bounds of logic to sug- sumptive deportation with opportuni- gest that his conduct, distributing ty to seek relief for many defendants condoms, was conduct that ‘related convicted of aiding and abetting con- to’ the owning, controlling, managing spiracies. The petitioner, a lawful per- or supervising of a prostitution busi-

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27 HUMAN TRAFFICKING AND ASYLUM REPRESENTATION

Jenner & Block Partners With National Immigrant Justice Center, continued

ness.” The case was remanded to Associates Stephen R. Brown and permit the client to seek a discretion- Wade A. Thomson agreed to take ary waiver that would permit him to the case. remain in the United States with his family. The team first worked very hard to obtain documents from Somalia Growing up in a country racked by that proved the client’s identity and civil war, a third client referred to us story. Armed with those documents, by the NIJC wanted to be a journalist on January 27, 2010, Mr. Brown and so that he could open people’s eyes Mr. Thomson secured his parole and to the violence in Somalia and there- picked him up from DHS detention. by change the country for the better. On a cold Chicago winter day, our cli- In 2006, he joined a prominent radio ent walked freely in the United States station in Mogadishu, reporting on for the first time. A unanimous three-judge the battles raging there. Mr. Brown and Mr. Thomson then panel of the Court agreed, In his work, however, he was caught represented him at his asylum mer- ruling that the Board had in the cross-fire between the warring its hearing, with Mr. Brown preparing misapplied the categori- factions in Somalia – Islamic militants him and conducting his direct exami- on one side and transitional govern- nation. Mr. Thomson successfully cal test for determining ment forces on the other side. Neither argued against several evidentiary whether an offense is an side approved of his independent re- objections and convinced DHS to porting and he was beaten, detained, concede admissibility of key docu- aggravated felony. and harassed by both sides. ments. The team also obtained af- fidavits from several Somali journal- In 2007, the persecution of our cli- ists and two expert witnesses whom ent intensified. He received death the attorneys prepared to testify at threats, including threats from al- the hearing. However, in light of the Shaabab, a militant group associat- compelling written submissions and ed with al-Qaeda. Several of his col- direct examination of the client, DHS leagues had received similar threats conceded the case and waived its and were subsequently attacked right to appeal. and, in some cases, killed. Fearing for his life, our client left his job and The client is extremely grateful for fled to a smaller town in Somalia. the Firm’s assistance. He is currently When the fighting reached that town, employed in Madison, Wisconsin, he fled to the United States. where he plans to further his educa- tion in media studies and return to During his trip, a smuggler stole his journalism.  identification papers so, when he ar- rived in Chicago in November 2009, the Department of Homeland Se- curity detained him. At this point, the NIJC contacted Jenner & Block. Partner Charlotte L. Wager and

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28 REPRESENTATION OF NON-PROFITS

Firm Achieves Significant Litigation Victory for Anti- Spam Organization

In 2006, Jenner & Block began representing the non-profit anti-spam organiza- tion Spamhaus as a defendant in a lawsuit that, had it turned out differently, could have been the death knell for the organization. Instead, in 2011, a Firm team led by Partner Craig C. Martin achieved a remarkable result in the Seventh Circuit Court of Appeals, reducing an $11.7 million damages award against Spamhaus to three dollars, and allowing Spamhaus to continue its valuable work.

We have all received spam email — unsolicited advertisements for products we While most pro bono litigation will never use, offers from faraway “royalty” promising millions, and links to for- involves representing individu- eign pharmacies selling miracle weight-loss products and anti-aging skin creams at discount prices. Others may contain harmful software that can hijack personal als or, if it is work done for a information or transform a computer into a paperweight. Estimates are that incom- non-profit, it is most often ing email traffic today is approximately 90 percent spam. As a result, billions of dol- transactional, during the past lars are spent each year on lost productivity and fraud, and additional equipment, year, Jenner & Block has been software, and manpower to combat the problem. involved in significant litigation The Spamhaus Project is on the frontline in the battle against spam. It is an interna- on behalf of several groups and tional not-for-profit organization founded in 1998 and based in Geneva, Switzerland institutions including an interna- and London, England. Its mission is to track sources of spam, provide dependable tional organization that protects real-time anti-spam protection for networks, work with law enforcement agencies the public from the high costs of worldwide to identify and pursue spam gangs, and lobby for effective anti-spam computer spam, a highly re- legislation. Spamhaus teams and staff are volunteers and all of its services are spected children’s hospital, and provided to the public free of charge. Infrastructure is provided courtesy of industry sponsors and organizations that provide services to the spam filter industry utiliz- several environmental groups... ing Spamhaus’ data and technologies. Funding for operations comes from spon- sors and donations from the industry.

The organization provides a thankless service. If it works properly, consumers nev- er know it exists. Spamhaus is currently protecting more than 1.7 billion mailboxes, a number that increases every minute.

One of the ways Spamhaus prevents delivery of spam is by creating “blacklists” of known spammers. Internet service providers then use these blacklists to screen the delivery of messages and prevent the delivery of spam to their customers. In 2006, e360, a now-defunct electronic marketing company, and e360’s founder,

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29 REPRESENTATION OF NON-PROFITS

Firm Achieves Significant Litigation Victory for Anti-Spam Organization, continued sued Spamhaus, claiming that it had improp- At this point, Jenner & Block began repre- erly listed them on its blacklist, preventing de- senting Spamhaus on a pro bono basis, im- livery of their email and allegedly causing the mediately appealing the default judgment to company to lose all of its contracts for mar- the Seventh Circuit Court of Appeals. The keting services. They sought damages for tor- Seventh Circuit affirmed the entry of default, tious interference with contractual relations, but vacated the injunction and the damages tortious interference with prospective eco- award, remanding the case back to the Dis- nomic advantage, and defamation. trict Court for a trial to determine e360’s rea- sonable damages. When first sued, Spamhaus was represented by counsel other than Jenner & Block. This In the weeks leading up to trial, Plaintiffs con- predecessor counsel advised Spamhaus tinually developed new and ever more com- plex theories of dam- The Jenner & Block team meticulously cut away ages, seeking a total amount that fluctuat- at each of Plaintiffs’ unsupported claims. ed from $11.7 million to $135 million. The to ignore the suit, on the theory that United Jenner & Block team analyzed each theory, States courts lacked jurisdiction over Spam- relentlessly sought discovery of every under- haus, and more generally, over the internet as lying fact, and tirelessly prepared to debunk a whole. The attorneys answered the com- each model before the Court. Countless dis- plaint, appeared before the court, and with- covery disputes arose, requiring frequent mo- drew. The U.S. District Court for the Northern tions before the District Court, some of which District of Illinois then issued a default judg- resulted in sanctions against Plaintiffs. ment against Spamhaus for $11.7 million in damages and a permanent injunction. Equally In March 2010, the Honorable Charles P. Ko- troubling, Spamhaus risked losing its domain coras held a three-day bench trial. Plaintiffs name to e360, potentially allowing e360 to attempted to paint e360 as the next internet operate www.spamhaus.org if Spamhaus did sensation, cut down just before explosive not comply with the judgment. success by a bad-actor. Although e360 had

Firm Successfully Represents Children’s Cancer Hospital in Estate Litigation

In another example of an uncommon pro bono litigation victory for a non-profit, Jenner & Block attorneys assisted St. Jude Children’s Research Hospital in receiving a $100,000 chari- table gift in an estate litigation case in the Circuit Court of Cook County. St. Jude is a re- nowned pediatric treatment and research hospital, where no child is ever denied treatment because of a family’s inability to pay. The hospital was the beneficiary of a charitable gift in a trust that was the subject of the lawsuit. In April 2011, the Court granted the Firm’s motion to dismiss challenges to the trust with prejudice, resulting in immediate payment of the gift to the hospital. The team on this matter was led by Partner Joseph G. Bisceglia and included Associate Colleen G. DeRosa. 

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30 REPRESENTATION OF NON-PROFITS

Firm Achieves Significant Litigation Victory for Anti-Spam Organization, continued only made a small profit, the Plaintiffs urged the Because Spamhaus and similar entities could Court to believe it was on the cusp of unimagi- not operate if they risked litigation from every nable success, with likely profits of hundreds of listing, the Firm’s team was determined to make millions of dollars. When e360’s founder testi- every effort to eliminate the judgment entirely fied, he discussed five different damages mod- and returned to the Seventh Circuit for a sec- els, to justify damages ranging from $11.7 mil- ond time. e360 cross-appealed, arguing that the lion to $135 million. reduced judgment was too low and asking the appellate court to reverse the District Court’s The Jenner & Block team meticulously cut away sanctions rulings against it. In his oral argument at each of Plaintiffs’ unsupported claims. In his to the Court, Mr. Martin maintained that the cross-examination of the founder, Partner Da- $27,002 award was fundamentally flawed and vid Jiménez-Ekman identified numerous flaws lacked evidentiary support. in his testimony, including his lack of experi- ence and qualifications to serve as a damages In a complete victory for Spamhaus, on Septem- expert, the fact that his testimony at trial con- ber 2, 2011, the Seventh Circuit vacated the Dis- tradicted his deposition testimony, and the mul- trict Court’s judgment, reducing the damages tiple mistakes in his calculations. The Plaintiffs’ award to just three dollars – one dollar in nomi- expert witness was relentlessly cross-examined nal damages for each of e360’s claims – and by Associate Joseph R. Dunn, who challenged affirming the discovery sanctions. In his opin- the cursory nature of his analysis. ion, Judge David Hamilton commented on how unsubstantiated the Plaintiffs’ claims were, not- In its case, Spamhaus’ expert witness high- ing that e360’s founder “lost all credibility when lighted each and every flaw in all of the Plain- he painted a wildly unrealistic picture of e360’s tiffs’ damages models, including the fact that damages.” Judge Hamilton also criticized the the models used data from the wrong entity (the “pattern of delay” in which e360 engaged on re- parent corporation instead of e360), and sought mand, concluding that “having squandered its lost revenue instead of lost profit. opportunity to present its case, e360 must con- In June 2010, Judge Kocoras issued his opinion, tent itself with nominal damages on each of its rejecting e360’s claims that its performance was claims, and nothing more.” “meteoric,” and finding its theories unsupported In total, the Firm donated 5,437 hours of service and wildly unreliable. Still, he found that the in defense of this litigation. However, had it not Plaintiffs had a credible damages claim based been for the persistence of the Jenner & Block on business contracts it was holding at the time team, which also included Associate Kristin L. of Spamhaus’ listing and awarded damages in Rakowski, Spamhaus would have been stifled the sum of $27,002—$27,000 for tortious inter- with a crushing judgment.  ference with contract and one dollar each for the remaining claims. Spamhaus’ motion to re- consider was denied in September of 2010.

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31 REPRESENTATION OF NON-PROFITS

From left to right: Kristin L. Rakowski, Joseph R. Dunn, Court Chief Judge James Holderman, Craig C. Martin, David Jiménez-Ekman Firm Receives Northern Illinois District Court Pro Bono Service Award for Spamhaus Representation

The Jenner & Block team that represented Spamhaus — Craig C. Martin, David Jiménez-Ekman, Joseph R. Dunn and Kristin L. Rakowski — received the 2012 Award for Excellence in Pro Bono Service from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association, for their work on the case.

In his letter to the attorneys informing them of the award, the District Court Chief Judge James Holderman noted that, not only did the selection committee feel that the work merited the award, but Judge Kocoras, who had presided over the proceed- ings in the District Court, agreed.

This is the third time the Firm has received this award since 2009. In 2009, a Firm team led by Partner Jeffrey D. Colman and including Associates Michael H. Mar- golis, Anne P. Ray, and Ashley M. Schumacher, won the award for their work on a habeas corpus matter involving a case of gross prosecutorial misconduct against the Firm’s client.

In 2010, a Firm team that included Partner Michael A. Doornweerd and Associate Marisa K. Perry was recognized for its representation of a pro bono client who had been sentenced to 20 years in prison on narcotics trafficking charges. After winning a remand from the Seventh Circuit based on an illegal search and seizure argument, the team negotiated a favorable plea agreement reducing the client’s maximum con- finement to eight years, and then presented extensive mitigation evidence to the court, resulting in a sentence of one year and one day (in addition to 33 months already served).

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32 REPRESENTATION OF NON-PROFITS

Jenner & Block Assists Environmental Groups Fighting South Dakota Oil Refinery

Since 2008, Jenner & Block has been represent- 400,000 barrels-a-day of Alberta tar sands ing three citizen groups through several Clean sour crude to low-sulfur gasoline, diesel Air Act proceedings in South Dakota adminis- and jet fuel and would use a byproduct of trative proceedings and court. The groups, the the refining process – solid petroleum coke Sierra Club, Save Union County and Citizens – to be processed into a gas and burned to Opposed to Oil Pollution, oppose the construc- produce power for the facility. tion of a proposed $10 billion oil refinery and power plant by Hyperion Refining LLC near Elk The environmental groups contend that the Point in Union County, South Dakota. construction and operation of the HEC would be a major new source of air pollution, annually Hyperion Refining LLC is a privately-held emitting more tons of global-warming carbon energy company based in Dallas, Texas. dioxide – greenhouse gases – than any other The proposed refinery, the Hyperion Energy refinery in the U.S., in addition to other pollut- Center (“HEC”), would include an oil refinery ants. In August 2009, after a contested case and an adjacent Integrated Gasification hearing that included eight days of testimony Combined Cycle (“IGCC”) power plant. As over a period of three months, the South Dako- originally planned, the center would be one ta Board of Minerals and Environment granted of the largest petroleum refinery facilities Hyperion a preconstruction permit and denied ever proposed in the United States, refining a requested Environmental Impact Statement

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33 REPRESENTATION OF NON-PROFITS

Jenner & Block Assists Groups Fighting the Environment, continued for the HEC. The permit required Hyperion to commence construction of the proposed commence construction by February 2011. refinery and power plant. It also included several technological changes that would The Firm then filed an appeal in South Dakota purportedly bring the project into compliance state court, arguing that the project should with more stringent EPA requirements put not be allowed to go forward without proper into place after Hyperion received its first air pollution controls, air quality analyses, permit. These changes included a reduction public participation and environmental impact in harmful nitrogen oxide emissions and a review as mandated by the federal Clean Air reconfiguration of its wastewater treatment Act and South Dakota law. Hyperion filed its plant. The Firm, on behalf of the environmental own appeal, challenging the limit on carbon groups, filed comments opposing the draft monoxide emissions mandated by the permit, revised permit. contending that the limit was so low that it could not be met consistently. Despite the environmental groups’ opposition, in May 2011, South Dakota issued a proposed Shortly before the court hearing on the appeal permit with an even longer extension of time was scheduled to take place, Hyperion moved to commence construction. The proposed to reopen the permitting process to take “new revised permit was the subject of a contested evidence” on several issues and revise the case hearing before the South Dakota Board of preconstruction permit. In response, the Firm Minerals and Environment in July 2011. Despite moved that the permit be vacated because the environmental groups’ evidence, the Board Hyperion’s motion, on its face, acknowledged granted issuance of the revised permit in the that the permit was deficient. In the alternative, Fall of 2011 and extended the deadline to com- the Firm asked that the scope of the “new evi- mence construction to March 15, 2013. dence” to be taken be much broader than the scope proposed by Hyperion. Jenner & Block then prepared and filed appellate briefs in the Circuit Court. The South Dakota After a hearing on June 15, 2010, the judge Circuit Court upheld the Board’s decision to remanded the permit proceedings, but issue a revised permit. allowed the scope of additional evidence to be considered to be broader than Hyperion had The Firm now has filed an appeal in the South requested, and required that full procedural Dakota Supreme Court, contesting issuance of requirements be met for this new evidence. the permit as a matter of law, and will present oral argument to South Dakota’s highest court In February 2011, the South Dakota Department in October 2012. of Environment and Natural Resources issued a draft revised air quality permit to Hyperion. The Firm’s team is led by Partner Robert L. The new draft permit purported to authorize Graham and includes Partner Gabrielle Sigel an even longer extension of the deadline to and Associate Allison A. Torrence. 

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34 REPRESENTATION OF NON-PROFITS

Firm Represents National Trust for Historic Preservation

In the Fall of 2011, the Firm was asked to repre- sent the National Trust for Historic Preservation in presenting oral argument to the U.S. Court of Appeals for the Fourth Circuit. The case involved a challenge to the Department of Transporta- tion’s apparent decision to widen Interstate 81, a major trucking corridor that extends 855 miles from Tennessee to New York at the Canadian border. The highway runs through the Shenan- doah Valley in Virginia, where the I-81 corridor includes many priceless natural and historic properties, including national parks, Civil War battlefields, historic landscapes and Main Street historic districts.

The National Trust contended that the Federal Highway Administration and the Virginia De- partment of Transportation were attempting to foreclose consideration of more environmentally friendly ways of addressing traffic congestion and road safety for specific sections of the highway.

At oral argument, the government assured the Court that it did not intend to preclude consid- eration of such site-specific environmentally friendly alternatives as the project moved for- ward in the future. The Court dismissed the ap- peal, quoting extensively in its opinion from the government’s concessions during argument. Associate Matthew E. Price argued the case for the National Trust and Partner Matthew S. Hellman supervised. 

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35 PRO BONO TRANSACTIONAL MATTERS

Jenner & Block Provides Transactional Assistance

In addition to the litigation matters described computer center, and a multi-purpose room. It in the preceding pages, Jenner & Block is also will be financed by a combination of Tax Incre- proud to provide pro bono transactional assis- ment Financing (TIF) funds and several millions tance to hundreds of nonprofit organizations, of dollars of private money that the Foundation community programs and individuals each year. is raising.

For example, Partners Donald S. Horvath and Jenner & Block became involved in the project Donald I. Resnick and Associate Penelope P. at the end of 2011 and is performing the legal Campbell have been representing the Jesse work on behalf of the Foundation to make this White Foundation, a nonprofit that supports building a reality. Beginning with the negotiation the activities of the internationally known Jesse and drafting of the “donation agreement” with White Tumblers. The Tumbling Team, which first the Park District that will govern the disburse- performed in 1959, has, through the years, in- ment and use of the TIF funds, to the negotia- cluded nearly 12,000 young men and women. tion of the architect’s agreement and construc- What began as a gym show has grown into a tion contracts, Mr. Resnick and his team have world-renowned team, tutoring program and been instrumental in bringing to fruition a facil- scholars program, with more than $280,000 in ity that will serve as a much-needed resource collegiate financial aid being awarded during not only for the tumbling team, but also for the the past decade. community at large.

But, the tumblers have never had their own Partner Ronald B. Grais is a transactional law- practice venue – until now. Plans are well un- yer who is highly skilled in all areas of real estate derway for the Foundation, in partnership with law, particularly as it relates to the development the Chicago Park District, to construct the Jes- process. Strongly committed to community ser- se White Community Center on park district vice, Mr. Grais has been involved with Thresh- land on Chicago’s Near North-West Side. The olds, the nation’s largest psycho-social rehabili- Center will serve as the tumblers’ home base – tation agency, for more than 25 years, including for athletic and educational purposes – as well as President of the organization’s Board of Di- as be a resource for the surrounding neighbor- rectors and a current member of its Executive hood. The approximately 25,000-square-foot Committee. With his particular mission being to building will house a gymnasium and basket- provide the people served by the organization ball court, office space for the Foundation, a with low-cost, high-quality housing, Mr. Grais

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36 PRO BONO TRANSACTIONAL MATTERS

Jenner & Block Provides Transactional Assistance, continued also chairs the Real Estate Committee. As a result of his involvement with In this capacity, he provides oversight Thresholds real estate, Mr. Grais has for the operation of approximately 900 facilitated and participated in study owned or rented housing units, admin- and discussion groups considering the istrative and service locations. current housing and foreclosure crisis. These groups have included represen- The committee has worked closely tatives from HUD, the Alliance to End with the U.S. Department of Housing Homelessness/Emergency Fund, Hab- and Urban Development (HUD), the itat for Humanity, and current and for- Chicago Housing Authority and the Il- mer judges of the Cook County Chan- linois Housing Development Authority cery Division, with the goal of finding a to create a model program for using means to redeploy foreclosed housing Project Related Assistance vouchers units into affordable housing. in the development or master leasing of Permanent Supportive Housing for Mr. Grais also continues to provide real persons suffering from mental illness, estate and general operating assis- as well as other disabilities. This ef- tance to the Center on Halsted (COH) in fort has added 40 affordable housing Chicago, the Midwest’s most compre- units to the stock available to Thresh- hensive community center dedicated olds’ members. In addition, Mr. Grais to building and strengthening the LGBT participated on a team that won an community, which he has represented RFP to redevelop the Diplomat Hotel from the beginnings of the project. In in Chicago’s Lakeview neighborhood the past 12 months, he negotiated re- from a stagnant SRO (Single Resident visions to their ground lease to Whole Occupancy) hotel into affordable stu- Foods Market and assisted in the refi- dio apartments dedicated to housing nancing of a portion of the project. disabled individuals.

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37 PRO BONO TRANSACTIONAL MATTERS

Jenner & Block Provides Transactional Assistance, continued

Mr. Grais is also assisting COH in a guiding the congregation, in the case joint venture with Heartland Alliance of the church, and the nonprofit board to develop the Midwest’s first afford- of directors, in the case of Archeworks, able LGBT senior housing facility on through the process,” said Mr. Grais. land adjacent to the Center. The 80- An additional challenge in the church’s unit apartment building project will in- transaction was negotiating a lease for corporate the existing Townhall Police the St. Peter’s congregation to contin- Station, one of the oldest in the nation ue using certain portions of the prop- and now a vacant Chicago landmark. erty exclusively while sharing the use He advised COH on the formation of of others with the new owners. the joint venture and has represented the venture in connection with zoning Partner Steven R. Meier is a prolific and land use issues. The project will provider of tax advice and counsel- be a model for the Midwest. ing to nonprofit organizations. Last year, Mr. Meier led a team of Jenner In other pro bono efforts, Mr. Grais & Block attorneys who assisted Ar- represented the St. Peter North- chitecture for Humanity in acquir- brook Community Church in the sale ing all of the business and assets of and partial leaseback of its land and Worldchanging.com. Architecture for buildings to the Chaldean Catholic Humanity (“AFH”) is a 501(c)(3) or- Church of America. And he and As- ganization based in San Francisco, sociates Kristen M. Boike and Pe- California, with a broad international nelope P. Campbell are represent- mission to assist communities in need ing Archeworks, a multi-disciplinary with design solutions to humanitarian nonprofit design organization, in the problems. sale of their teaching facility located in Chicago. AFH operates in more than 50 coun- tries and has dozens of ongoing relief “What is challenging about these projects and other programs. World- transactions, which are straightfor- changing.com was an online, open- ward in themselves, is advising and source community dedicated to

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38 PRO BONO TRANSACTIONAL MATTERS

Jenner & Block Provides Transactional Assistance, continued improving living conditions through innovative and sus- rich their lives and maximize independence in their pur- tainable design. When Worldchanging decided to close suit of vocation, community living and social integration. its doors and dissolve as a 501(c)(3) organization, it SouthSTAR sought to develop a collaboration of non- began looking for a like-minded organization to which profit community-based human service organizations it could transfer its assets, including valuable essays, serving persons with developmental disabilities, to share stories and learning accumulated over its seven years resources and costs in order to improve the ability of the of efforts so these could continue to be utilized in future member organizations to focus on their main charitable discussions and information-sharing on how to build a goals of serving their respective communities. Jenner & sustainable future. Block offered to provide pro bono services to help create Community Service Partners, which became operational In July 2011, with Jenner & Block playing a key role in the during the latter half of 2010. success of the transaction, AFH completed its acquisi- tion of Worldchanging.com. The result transforms AFH’s In January of 2012, Mr. Meier received this note from Open Architecture Network, an online network allowing SouthSTAR’s President: architects, builders and their clients to share architectural plans, into a robust platform providing dialogue and tools I was cleaning up some old files and came across our to support a shared vision of a more green future by spur- early communications about Community Service Part- ring innovation and best practices. ners. In October 2009 Jenner & Block offered to provide us pro bono services to help create Community Service The Firm team included Partner Alexander Rozenblat, Partners. Of Counsel Emma J. Sullivan, and Associates Leah G. Community Service Partners has now been operational Beitner, D. Matthew Feldhaus and Donald E. Goff. for 18 months and we are seeing the benefits originally envisioned for this collaborative effort. We still have six We still refer back to your insights. nonprofit corporations that are members. Each of the nonprofits is experiencing cost savings by sharing re- There is no way we could have sources. We are also sharing different areas of expertise accomplished it without your sup- that are improving the services we provide to people with developmental disabilities. Both the Chicago Community port and expertise. Trust and the United Way are financially supporting our collaboration.

While the transactional work that the Firm performs of- I just wanted to say thank you very much for your help in ten does not receive the same amount of public attention getting this effort underway. It is interesting to note that that litigation work receives, it can be as significant to the many of your comments about how decisions are made organizations and the individuals they assist as any litiga- and determining whether our members participate in a tion result our attorneys achieve. A note that was recently specific service or not were right on target. We still refer sent to Mr. Meier by the President/CEO of a nonprofit back to your insights. There is no way we could have ac- represented by the Firm about 18 months ago aptly dem- complished it without your support and expertise. onstrates this. In addition to Mr. Meier, Partner Monica R. Pinciak- SouthSTAR Services is an Illinois/Indiana organization Madden and Associate Donald E. Goff were on the  whose mission is to provide choices and opportunities Firm’s team representing SouthSTAR on this matter. for persons with developmental disabilities, which en-

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39 In 2012, Jenner & Block was named the Am Law #1 Pro Bono Law Firm of the year for the fifth time

PRO BONO & COMMUNITY SERVICE REPORT chicago 353 north clark street chicago, illinois 60654-3456 tel 312-222-9350 los angeles 633 west 5th street suite 3600 los angeles, california 90071-2054 tel 213-239-5100 new york 919 third avenue new york, new york 10022-3908 tel 212-891-1600 washington, dc 1099 new york avenue nw suite 900 washington, dc 20001-4412 tel 202-639-6000

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