Equal Time

LGBT Community Service Fall 2008

HRC Honors Jenner & Block for Long-standing Highlights Commitment to LGBT Civil Rights LGBT Attorneys Deliver Outstanding Results for Clients ...... 2 The Human Rights Campaign (HRC) honored that homosexuals have “the full right to engage in Jenner & Block with its Corporate Equality Award private conduct without government intervention.” Events Mark Fifth Anniversary of at the organization’s Gala on July 19, More recently, Jenner & Block authored the Lawrence v. Texas ...... 4 2008. The HRC award recognized Jenner & amicus brief on behalf of the American The Lawrence v. Texas Team: Block’s long-standing tradition of supporting Psychological Association and other groups Where Are They Now? ...... 4 LGBT civil rights. before the California Supreme Court in support of “We are proud to recognize Jenner & Block’s the proponents of same-sex marriage recognition. Honors & Awards ...... 5 leadership among law firms and impact in society In 2006, Jenner & Block provided litigation in terms of LGBT civil rights,” said Human Rights support to Lambda Legal and FAIR Illinois in Meet Some of Jenner & Block’s Campaign President Joe Solmonese. “From helping to persuade the Illinois State Board of Lesbian and Gay Attorneys...... 6 being one of the first law firms to be voluntarily Elections to rule against certifying a proposed rated by the HRC, to its ground breaking work election ballot referendum advocating a Thought Leadership in the Profession ...... 10 with Lambda Legal in Lawrence v. Texas, its constitutional amendment banning marriage commitment to equality in Illinois. ISBA Seminar Discusses equal rights for all The HRC also Effective Representation of has truly been noted that Jenner Unmarried Couples ...... 11 exemplary.” & Block became “We are honored one of the first law Firm Sponsors 2008 to be recognized firms in 2008 to Lavender Law Conference ...... 11 by the HRC for our publicly support longstanding passage of the Sponsorships Advance Diversity. . . . . 11 commitment to civil Illinois Civil AIDS Foundation Marathon Training rights and to Union bill. Program ...... 11 diversity,” said Jenner & Block Partner Donald B. became the first Jenner & Block Sponsors Verrilli, Jr., Chair of Chicago- Groundbreaking Documentary...... 12 the Firm’s Diversity headquartered law Committee. firm and only the Firm Supports Citywide Pride ...... 12 The HRC Jenner & Block Partners Gail H. Morse, William M. Hohengarten, Howard S. fourth nationwide Suskin and Paul M. Smith accept the HRC’s Corporate Equality Award on behalf recognized Jenner of the Firm at the HRC’s Chicago Gala. to receive a 100% & Block’s numerous rating on HRC’s LGBT civil liberties cases such as its pro bono Corporate Equality Index. Jenner & Block has work alongside the Lambda Legal Defense & since earned a 100% rating for four Education Fund in the landmark U.S. Supreme consecutive years. Court case Lawrence v. Texas, which forever In addition, Jenner & Block has been a altered the LGBT civil rights landscape (see longtime supporter of the National Lesbian and story on page 4). The Firm successfully argued Gay Law Association (NLGLA), the national before the Court in March 2003 on behalf of professional bar association of LGBT lawyers, two male petitioners who had challenged the judges, legal professionals and law students. constitutionality of a Texas anti-sodomy law that The Firm has sponsored the annual Lavender criminalized only same-sex conduct, not identical Law Conference for many years and through this HRC recognizes Jenner & Block for the conduct by different-sex couples. In the Court’s partnership has enabled law schools to send fourth year in a row. See page 5. decision, Justice Anthony M. Kennedy concluded students to attend the conference.

©2008 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and Firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Gail H. Morse. Masthead image from the Collection of the Supreme Court of the United States. ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Equal Time

LGBT Attorneys Deliver Outstanding Results for Clients

Firm Represents Viacom in Suit Against Google/YouTube ERISA Case for SPX Corporation Partner William M. Hohengarten and Associates Scott B. Partner Paul M. Smith successfully argued before the U.S. Court of Wilkens, Luke C. Platzer, Matthew W. Alsdorf and Melissa A. Appeals for the First Circuit on behalf of SPX Corporation in an ERISA Cox are part of the Jenner & Block team representing Viacom Inc. in a case. The appeals court affirmed a District Court ruling that rejected a major Internet copyright case against YouTube and Google. The suit, suit by a former employee who alleged that the terms of the SPX which accuses the Internet service companies of “massive intentional Individual Account Retirement Plan violated the Employee Retirement copyright infringement” of Viacom’s entertainment properties, seeks Income Security Act. more than $1 billion in damages, as well as an injunction prohibiting Google and YouTube from further copyright infringement. The case is Minnesota Court Strikes Down Video-Game Law currently in the midst of discovery, and the legal team representing A team of Jenner & Block attorneys, including Partner Paul M. Smith Viacom has already won key rulings requiring YouTube and Google and and Associate Duane Pozza, successfully obtained a decision from several related third parties to turn over important documents. On the U.S. Court of Appeals for the 8th Circuit that affirmed on First July 1, 2008, the federal district court in New York ordered YouTube Amendment grounds a lower-court ruling barring the enforcement of a and Google to produce copies of all videos that have been removed Minnesota law that prohibits persons under 17 from purchasing or from YouTube, and also ordered them to produce the viewing history for renting video games rated AO or M. In this ruling, the appeals court each YouTube video. The removed videos will enable Viacom to identify noted that violent video games constitute protected free speech and additional infringing copies of Viacom’s works, while the video viewing that any restriction on their purchase or rental by minors is subject to history will allow Viacom to compare the attractiveness of infringing and strict scrutiny by the courts. The decision was the latest in a long series non-infringing videos to YouTube users. More recently, on August 18, of rulings obtained by the Firm in federal courts across the nation, all 2008, the federal district court in San Francisco ordered the venture striking down, on constitutional grounds, various state efforts to capital firms that funded YouTube to produce documents relevant to regulate video games based on their content. Viacom’s copyright infringement claims. Reorganization of Pac-West Telecomm Associate Nada Djordjevic was among Jenner & Block’s team that represented Pac-West Telecomm, Inc. in the company’s successful reorganization and emergence from Chapter 11 bankruptcy. Under the plan, Pac-West exited Chapter 11 bankruptcy protection with Pac-West Acquisition Company LLC, an affiliate of private equity firm Columbia Ventures Corp., as its new owner. The company reorganized around its West Coast telecommunications network and business.

Acquisition of Delphi Bearings Business The Firm represented client KPS Special Situations Funds and its portfolio company, Hephaestus Holdings, Inc. (HHI), in HHI’s recent acquisition of the North American Bearings Business of Delphi Smith Argues Voting Rights Case Before Supreme Court Corporation, the leading supplier of wheel bearings and roller clutches to General Motors Corporation in North America. Partner Paul M. Smith, Co-Chair of the Firm’s Appellate and Jenner & Block attorneys including Associate Joshua Rafsky are Supreme Court Practice, argued before the U.S. Supreme Court aiding HHI in the negotiation of new union agreements and in Crawford v. Marion County Election Board, in which the Firm’s employee benefits arrangements. clients are seeking to invalidate an Indiana law that requires a photo ID for people who plan to vote in person. The case was Brief Proposes Change in Corporate Criminal Liability among the most closely watched in the Court’s 2007-08 term. While the state defended the law on the grounds that it is a The Firm filed an amicus brief on a key criminal law issue in the U.S. reasonable step to prevent voter fraud, Mr. Smith responded that Court of Appeals for the 2nd Circuit in United States v. Ionia there is no evidence of in-person voter fraud in Indiana and that the Management SA. The brief contends that for a corporation to be held law is a subtle way “to skew the outcome on election days” by criminally liable based on vicarious liability for the conduct of an preventing some people without photo IDs, who tend to be largely employee, the government must prove that the company did not take indigent people and members of minority groups, from voting. reasonable measures to detect and deter the employee’s conduct. Associate Joseph J. McFadden was one of the authors of the brief.

2 SpringFall 2008

Victory for IAP Worldwide Services In a major victory for Jenner & Block client IAP Worldwide Services, the Jenner & Block was Government Accountability Office upheld the Firm’s challenge to the recognized as the Army’s decision not to award IAP a $50 billion Logistics Civil number one law firm in Augmentation Program (LOGCAP IV) contract for logistical support of the country for pro bono U.S. forces. The GAO held that the Army violated procurement law or service by The American regulations to the detriment of IAP, and advised the Army to reopen the Lawyer magazine in its evaluation process to determine which companies are rightly entitled to annual “Pro Bono Honor the contract. Associate Joshua Rafsky was part of the Jenner & Block Roll.” The magazine’s team on this matter. rankings were published in its July 2008 issue. The Firm obtained a number one ranking through a California Supreme Court Cites Firm’s Brief in Marriage Case combination of having 174.8 average pro bono hours per attorney in 2007, the highest of any law firm, as well as Partners Paul M. Smith and William M. Hohengarten were the 92.8% of attorneys with at least 20 pro bono hours. lead authors of an amicus brief filed by the Firm in the landmark The American Lawyer combined these two metrics and California gay-marriage case. The California Supreme Court quoted and assigned Jenner & Block a “pro bono score” of 133.8, which relied on the brief, which was submitted on behalf of several national was 20 points higher than any other law firm in America. organizations that represent mental-health professionals. The court held The Firm’s long-standing pro bono program has been that the California state constitution requires that gay men and lesbians recognized by The American Lawyer as one of the top ten be granted the right to marry. programs in the country every year since 1990, including Jenner & Block being ranked #1 also in 1998. Amicus Brief on Behalf of AIDS Legal Council of Chicago Partner Christopher C. Dickinson filed an amicus brief with the Illinois Supreme Court on behalf of the AIDS Legal Council of Chicago Amicus Brief Argues for Fairness in Drug Sentencing in a case that raised critical issues regarding the continued efficacy of Associate Lindsay C. Harrison, lead author of a U.S. Supreme Court the State’s efforts to reduce the transmission of HIV in Illinois. The brief amicus brief on behalf of the NAACP Legal Defense & Education Fund, asserted that the State’s carefully considered legislative scheme—which Inc. in Kimbrough v. United States, contended that the discrepancy in encourages voluntary HIV testing through a guarantee of sentencing between crack and powder cocaine offenses confidentiality—may be jeopardized or undercut if parents can be held disproportionately affects without penological liable for failing to disclose or misrepresenting the HIV status of their justification. The Court agreed in its 7-2 opinion that federal judges are adult children. now free to take this discrepancy into account at sentencing.

Firm Protects Interests of Child Witnesses Briefs Discuss Vote Dilution Under Federal Voting Rights Act Jenner & Block attorneys led by Partner Margaret J. Simpson co- The Firm filed two amicus briefs in the U.S. Supreme Court on behalf of authored an amicus brief on behalf of the American Professional the League of Women Voters, one urging review and one after review Society on the Abuse of Children and the National Association of was granted, in a voting rights case about the test for determining a Counsel for Children in Giles v. California, a U.S. Supreme Court case cognizable vote-dilution claim under Section 2 of the Voting Rights Act. concerning the scope of the U.S. Constitution’s Sixth Amendment Associate Lindsay C. Harrison participated in the writing of the brief. Confrontation Clause. The brief urged the Court to articulate the constitutional standards in a way that prevents criminal defendants from Firm Seeks Review of Illinois Social-Service Policy benefiting from the incapacities of child witnesses. For her work on the The Firm filed a pro bono amicus brief in the U.S. Supreme Court, urging brief, the American Professional Society on the Abuse of Children a constitutional review of the “safety plan” procedure of the Illinois presented Ms. Simpson with a Special Recognition Award. Department of Children and Family Services, which, the brief contends, has the effect of removing parents from their children’s lives without any Texas School Board Agrees to Change Bible Curriculum proof of child abuse. Associates Joshua A. Block and Daniel I. The Firm won a pro bono victory when the public school board of Ector Weiner were among the authors of this brief. County, Texas, agreed to settle a complaint against the teaching of a controversial Bible course. The school board agreed to abandon the curriculum, and it also agreed that if it decides to offer a different Bible course in the future, the course must follow strict legal standards for objectivity. Associate Matthew W. Alsdorf was part of the Firm’s team.

3 Equal Time

Events Mark Fifth Anniversary of Lawrence v. Texas

This year marked the fifth anniversary of When Lawrence was decided on June 26, posture where we had almost nothing we the U.S. Supreme Court decision in 2003, The New York Times referred to it as could do in terms of the federal Lawrence v. Texas, which established the “a sweeping declaration of constitutional Constitution, and in one fell swoop we were principle that states cannot, consistent with liberty for gay men and lesbians,” and Legal in the position to make arguments and talk the U.S. Constitution, criminalize private Times said it was “destined to be a landmark about justice for LGBT people.” He said on homosexual acts. of the decade if not the century.” Time magazine’s website that “what Jenner & Block became involved in the In addition to Mr. Smith and Mr. Lawrence really means is that it is no case when Ruth E. Harlow, then the Legal Hohengarten, the Firm’s team included then longer enough to simply disapprove of Director of the Lambda Legal Defense and Associates David C. Belt, Nicole G. Berner, conduct for the majority to make it a crime.” Education Fund, called Partner William M. Daniel Mach and Sharon M. McGowan, as Not only does Lawrence stand for the Hohengarten in 2002 and said that Lambda well as then Summer Associates Lindsay C. principle that the government cannot prohibit wanted advice in seeking Supreme private, consensual sexual activity Court review in Lawrence. among adults, but it also has become Mr. Hohengarten immediately a widely recognized guide for courts to agreed to assist and sought support strike down many other forms of from other attorneys in the Firm’s DC discrimination against gay men and office, including openly gay partner women, including prohibitions on and veteran Supreme Court advocate foster care certification, bans on Paul M. Smith. adoption, and bias in employment Working side-by-side with Lambda, decisions. the Firm briefed and argued the case The fifth anniversary of the before the U.S. Supreme Court. Mr. decision was commemorated at Smith argued before the Justices on events throughout the nation as well. March 26, 2003. Mr. Hohengarten On June 5, 2008, for example, Mr. was one of the primary authors of the The Lawrence team: Attorneys Susan Sommer, Patricia M. Logue, and Ruth E. Smith participated in a roundtable Firm’s Supreme Court brief, in which Harlow of Lambda Legal; Client John Geddes Lawrence; and Jenner & Block discussion on “Sexuality, Liberty and several Jenner & Block associates Partners Paul M. Smith and William M. Hohengarten. the Constitution,” sponsored by and summer associates, as well as a team Harrison, Bernie Meyer, Luke C. Platzer, Lambda Legal, at the National Press Club from Lambda, also participated. Julie C. Suk, Lee Taylor and Scott B. in Washington, DC. In addition, on April In Lawrence, the Firm helped persuade Wilkens. Ms. Harrison, Mr. Platzer and 11, 2008, Mr. Smith delivered the keynote the Court to strike down a Texas law that Mr. Wilkens are now associates at the Firm. address at a symposium on “Lawrence v. criminalized sexual intimacy by same-sex During 2008, the anniversary of this Texas Five Years Out: Can the Promises of couples but not identical conduct by central ruling for LGBT Americans was Liberty and Equality Be Fulfilled?” at opposite-sex couples. In ruling that the law commemorated in several media articles Emory Law School in Atlanta. This was an unconstitutional violation of privacy, looking at the decision’s impact. symposium was co-sponsored by Lambda the Court overturned its widely criticized Mr. Smith told the Dallas Voice that Legal and by the American Constitution 1986 decision in Bowers v. Hardwick. before the ruling, “the law was stuck in this Society for Law and Policy.

The Lawrence v. Texas Team: Where Are They Now? Members of the Lawrence v. Texas team have since gone on to pursue a wide variety of interesting and successful careers.

Former Associate David C. Belt is an appellate Former Associate (and eventual partner) Daniel landmark 2005 Supreme Court case, Metro- attorney with the U.S. Postal Service Office of Mach is now the Director of Litigation for the ACLU Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. General Counsel, where he represents the Postal Program on Freedom of Religion and Belief. He is now a leading member of the Firm’s team Service in federal courts of appeal nationwide. Former Associate Sharon M. McGowan is a in Viacom v. Google. He is also a Professorial Lecturer in Law at The Staff Attorney with the ACLU’s Lesbian Gay Jenner & Block Partner Paul M. Smith George Washington University Law School in Bisexual Transgender & AIDS Project. She was continues to have an active Supreme Court Washington, DC. the lead attorney in Schroer v. Billington, a practice. Mr. Smith is Co-Chair of the Firm’s Former Associate Nicole G. Berner is now transgender discrimination case brought under Appellate and Supreme Court, and Media and Associate General Counsel for the Service Title VII, which is pending in federal court in First Amendment Practices, and has argued Employees International Union. D.D.C. awaiting a decision after trial. before the U.S. Supreme Court in 13 cases. Ruth E. Harlow, former Legal Director of Lambda Susan Sommer continues to work for Lambda Former Summer Associates Lindsay C. Legal, currently serves as Counsel at Linklaters LLP. Legal and currently serves as Senior Counsel. Harrison, Luke C. Platzer and Scott B. Wilkens Patricia M. Logue, former Interim Legal Director Jenner & Block Partner William M. are current Jenner & Block Associates. of Lambda Legal Chicago and a Jenner & Block Hohengarten continues to make major alumna, currently serves as Associate Judge of contributions in cutting-edge cases. He was a the Circuit Court of Cook County. core member of the Firm’s team in the

4 Fall 2008

Honors and Awards

Jenner & Block Once Again Honored By HRC for Perfect Equality Index Rating Recognizes Firm

Jenner & Block earned a perfect rating “The 2009 Corporate Equality Index Jenner & Block was for the fourth year in a row in the Human reports a record number of businesses recognized for having Rights Campaign’s (HRC) 2009 “Corporate that achieved a 100% rating, recognizing the highest percentage Equality Index” survey. The survey is a tool the importance of a GLBT-inclusive of LGBT attorneys as used to rate American workplace,” said Human well as the highest businesses on how they Rights Campaign percentage of self- are treating LGBT Foundation Workplace identifying LGBT staff employees. In 2005, Project Director Daryl members among Jenner & Block was the Herrschaft. “Through Illinois’ largest law first Chicago- their policies and firms by Equality headquartered law firm practices, Jenner & Illinois in its annual and only the fourth Block is one such survey. The Firm was nationwide to receive leading business that also recognized for its the HRC’s 100% rating. works to recruit and public support of “We are pleased to once again be retain the most talented workforce in House Bill 1826, the recognized by the HRC,” said Managing today’s global marketplace.” Freedom of Religion and Civil Union Bill Partner Susan C. Levy The HRC Workplace Project advises currently pending before the Illinois The 2009 equality index ratings were employees and employers on the value of legislature, as well as for writing an based on six bellwether categories that workplace diversity. It collects, analyzes and amicus brief in the landmark California assess such things as health insurance disseminates information to assist gay-marriage case. Jenner & Block offerings to same-sex couples, diversity employees and employers in implementing was also recognized for its sponsorship training that includes sexual orientation policies and procedures aimed at treating of LGBT organizations and events that and/or gender identity, a firm-supported gay, lesbian, bisexual and transgender benefit the LGBT community. LGBT employee resource group or firm- workers equally. The HRC is America’s In 2007, Equality Illinois honored the wide diversity council that includes LGBT largest civil rights organization working to Firm with its Business Leadership issues, and marketing and support to the achieve LGBT equality. Award, which recognized Jenner & LGBT community. Block’s “substantial contributions to securing or protecting equal rights for LGBT people in Illinois.” Morse Receives NOW Women of Honor Award

Partner Gail H. Morse will be Woman of Honor Award for her honored by the Chicago dedication to making the world a chapter of the National better place for women through Firm Honored for Organization for Women her “unusual breadth of feminist Commitment to (NOW) at the “Women Who service,” including her work in Dared” annual fundraiser on raising the overall visibility of Diversity October 15, 2008. Ms. Morse LGBT and diversity issues in the will receive the Bella Abzug work place. Jenner & Block was honored with the 2008 “Commitment to Diversity Smith Named One of DC’s Top Lawyers of Award,” presented by the AIDS Legal Last 30 Years Council of Chicago, Equality Illinois, PFLAG, and the Lesbian & Gay Bar Citing his 2003 Supreme Court victory in taking on community causes, holding public Association of Chicago. Lawrence v. Texas, Legal Times named service positions, and fighting to expand The award recognized Jenner & Paul M. Smith to its prestigious list of the liberties and protect civil rights.” Block for its “continued commitment to “90 Greatest Washington Lawyers of the Mr. Smith told Legal Times that arguing diversity, and for acknowledging the Last 30 Years.” Lawernce v. Texas was a life-changing importance of creating equality for Mr. Smith was named one of 30 experience. members of the LGBT community.” “Champions,” defined as lawyers who “have “Once in a great while a case is so upheld their profession’s core values of momentous, it changes America—and public duty and client service, building pro the lawyer who championed it,” wrote bono practices, acting as bar presidents, Legal Times.

5 Equal Time

Meet Some of Jenner & Block’s Lesbian and Gay Attorneys

PARTNERS Mr. Dickinson graduated with distinction variety of Internal Revenue Code/ERISA from the University of Wisconsin–Madison compliance issues including fiduciary JERRY J. BURGDOERFER is a and received his law degree cum laude duties, correction of administrative errors, partner in Jenner & from the University of Wisconsin. and reducing/restructuring benefits and Block’s Chicago office complying with the related notice and a member of its WILLIAM M. HOHENGARTEN is a requirements. Corporate Practice. He partner in Jenner & Mr. Leon was appointed as an Advisor is Co-Chair of the Block’s Washington, on Employee Firm’s Securities DC office. He is a Jorge is a member Benefits to the Practice, served on the member of the Firm’s of the newly Program Firm’s Management Litigation Department, formed GLBT Committee of the Jerry serves on the Committee, and is a member of the concentrating his Subcommittee of the Board of Directors Board of Directors Firm’s Business Services and practice in Appellate Hispanic National of the American of Lambda Legal’s Transactions Committee. and Supreme Court Bar Association. Law Institute — National Mr. Burgdoerfer also is Chair of the matters as well as legal and factual American Bar Leadership Council, Firm’s Auditor Letter Review Committee. development in Association (ALI-ABA). Mr. Leon graduated from the University and the United His experience includes complex Bill was the complex litigation. of Illinois at Urbana-Champaign and Cerebral Palsy mergers, acquisitions, private equity keynote speaker Mr. Hohengarten has obtained his J.D., magna cum laude, from Association of transactions, registered spin-offs, at the 2007 made major the University of Illinois College of Law. Greater Chicago. dispositions, securities offerings and Reed College contributions in restructuring, some in excess of Commencement cutting-edge cases $25 billion, and general corporate and Ceremony. involving intellectual GAIL H. MORSE is a partner in business counseling. property, antitrust, Jenner & Block’s Mr. Burgdoerfer received his J.D., cum commercial law, contract, fraud, trade Chicago office. She laude, and an M.B.A. and B.S. from secrets, bankruptcy, administrative law, heads the Firm’s State Indiana University. utility regulation, and a wide range of and Local Tax Practice constitutional issues, including the U.S. and is a member of the CHRISTOPHER C. DICKINSON is a Supreme Court’s landmark decisions in Firm’s Tax Controversy partner in Jenner & Lawrence v. Texas and Metro-Goldwyn- Practice. Ms. Morse’s Block’s Chicago office. Mayer Studios Inc. v. Grokster, Ltd. practice includes He is a member of the Mr. Hohengarten received a B.A. from federal, state and local tax matters. Firm’s Litigation Reed College, where he was elected Phi Ms. Morse counsels multinational and Department and Beta Kappa. He also received a Ph.D. in multi-state businesses, private and Insurance Litigation and Philosophy from Northwestern University, publicly held businesses, tax-exempt Counseling Practice. and his J.D. from Yale Law School. entities, and individuals on all kinds of Chris serves on Mr. Dickinson state and local taxes including franchise, the Board of represents financial institutions and other JORGE M. LEON is a partner in income, sales, use, Directors of the corporate policyholders pursuing Jenner & Block’s Gail serves on the personal and real AIDS insurance recovery for high-stakes claims Chicago office. He Board of Directors property, gross Legal Council in such areas as professional liability, is a member of the for the Women’s receipts and of Chicago. competitive injury, consumer fraud, Firm’s Employee Treatment Center, miscellaneous directors’ and officers’ liability, intellectual Benefits and Executive Vital Bridges, other state and property, fidelity and financial fraud, Compensation Practice. Women Everywhere, local taxes. She and Personal PAC. employment practices liability, fiduciary Mr. Leon counsels also advises liability, catastrophic bodily injury, product clients on a wide range clients on related liability and environmental damage. of issues relating to employee benefits matters such as unclaimed property Mr. Dickinson also counsels corporate and executive compensation, including the reporting, tax amnesty programs, policyholders on claims review and benefit aspects of corporate transactions, voluntary disclosures, and identifying management; insurance program executive and equity compensation and state tax credit and incentive design; crafting policy language; and qualified and non-qualified retirement plan opportunities. insurer insolvencies. issues. He also advises clients on a Ms. Morse earned her Bachelor of

6 Fall 2008

Business Administration, magna cum PAUL M. SMITH is a partner in HOWARD S. SUSKIN is a partner in laude, from the University of San Diego, Jenner & Block’s Jenner & Block’s her J.D., cum laude, from the University Washington, DC office Chicago office and is a of San Diego School of Law, and her and is a member of the member of the Firm’s Masters of Law in Taxation from the Firm’s Litigation Litigation Department. Georgetown University Law Center. Department. He is a He is Chair of the member of the Firm’s Firm’s Class Action MARGARET J. SIMPSON is a partner Management Litigation Practice, in Jenner & Block’s Committee. Mr. Smith Co-Chair of the Chicago office. She is also is Co-Chair of the Firm’s Appellate Securities Litigation Practice and a a member of the Firm’s and Supreme Court, and Media and First member of the Firm’s Arbitration: Litigation Department Amendment Practices. Mr. Smith has had Domestic and International, Business and Antitrust and Trade an active Supreme Court practice for two Litigation and Professional Liability Regulation Practice. decades, including oral arguments in Litigation Practices. He is also a member Ms. Simpson thirteen Supreme Court cases. These of the Firm’s Subprime Litigation Task concentrates her arguments have included Lawrence v. Force. Mr. Suskin has substantial first- practice in antitrust and commercial Texas, United chair experience representing individuals Since 2001, Meg litigation and antitrust counseling. In the Paul is Chair of States v. American and business entities in civil and criminal has served as a antitrust area, Ms. Simpson has the National Board Library Ass’n, securities matters, including securities board liaison for represented clients in a number of of Directors of Mathias v. fraud and First Slice, a antitrust cases, involving allegations of The American WorldCom and two misrepresentation Howard is an Chicago-based price-fixing, patent litigation with Constitution congressional claims, derivative active member of the not-for-profit substantial antitrust issues, and antitrust Society, and a redistricting cases. actions claiming ABA Securities Law catering service that challenges to distribution arrangements. member of the Mr. Smith also breach of fiduciary Committee and provides food and Board of Directors represents various duty, contests for Ms. Simpson has also represented serves as Co-Chair other services to of Lambda Legal. clients in trial and corporate control, parties in government antitrust of the Class and homeless youth in appellate cases involving commercial and insider trading investigations, and has extensive Derivative Actions urban areas. Meg telecommunications issues, the First investigations and experience counseling corporate clients Subcommittee. has served as pro on antitrust issues including distribution Amendment, intellectual property, antitrust, broker-dealer bono counsel for arrangements, minimum advertised and redistricting and voting rights, among issues. In addition this organization pricing programs, joint venture other areas. to his litigation practice, Mr. Suskin also since 2002. arrangements, collective action, Mr. Smith is a member of the American has substantial experience counseling and settlement of patent litigation, and Bar Association’s Commission on Sexual representing clients in connection with Robinson-Patman Act issues. Orientation and Gender Identity, which securities administrative and self- Ms. Simpson received her B.A. from St. works to eliminate bias and discrimination regulatory organization proceedings and in Olaf College in Minnesota, her M.S. and against persons of differing sexual arbitrations. Mr. Suskin graduated from Ph.D. in economics from the University of orientations and gender identities in the Northwestern University with distinction Wisconsin–Madison, and her J.D., with legal profession, the justice system, and and as Phi Beta Kappa, and obtained his honors, from the University of Chicago. society. J.D. with honors from the University of She was the Chair of the ISBA Section Mr. Smith graduated summa cum laude Michigan Law School. of Antitrust Law and is a member of the and Phi Beta Kappa from Amherst ABA Section of Antitrust Law and the College and received his J.D. from Yale American Economic Association. Law School.

Complete attorney biographies and prior issues of Equal Time can be found at www.jenner.com

7 Equal Time

ASSOCIATES matters, including contractual disputes, Civil Rights-Civil Liberties Law Review, class action consumer fraud claims, Executive Technical Editor of the Matthew took a MATTHEW W. ALSDORF is an bankruptcy matters, and commercial Harvard Women’s Law Journal, and as leadership role in associate in contract disputes. Co-President of Harvard Lambda. editing a recently Jenner & Block’s New Ms. Djordjevic graduated from Grinnell published book, The York Office. He is a College in 1996. She received her J.D., JOSEPH J. MCFADDEN is an Ethics and member of the Firm’s summa cum associate in Jenner & Compliance Litigation Department. While at the University laude, from the Block’s New York Handbook: A Mr. Alsdorf serves as a of Illinois, Nada was a University of office. He is a Practical Guide Visiting Lecturer In Symposium Editor for Illinois College member of the Firm’s for Leading Law at Yale Law the University of of Law in Litigation Department. Organizations. School and previously served as an Illinois Law Review. 2002, where Mr. McFadden Adjunct Associate Professor of Law at she was received his J.D. Fordham Law School. elected to the Order of the Coif. from Columbia Mr. Alsdorf received his J.D. from Yale Joseph has worked University in Law School in 2004 and his B.A. in LINDSAY C. HARRISON is an on a wide range of 2005, where he Economics from Williams College in associate in Jenner & pro bono projects was a James 1996 where he graduated summa cum Block’s Washington, with the Volunteer Kent and Harlan laude and Phi Beta Kappa. DC office. She is a Lawyers for the Arts Fiske Stone member of the Firm’s and the ACLU. scholar. He MELISSA A. COX is an associate in Litigation Department, received his B.A. Jenner & Block’s Entertainment and with honors from Georgetown University Washington, DC office. New Media Practice, in 2002. Prior to joining She is a member of and Appellate and Jenner & Block, the Firm’s Litigation Supreme Court Practice. MELISSA A. MEISTER is an Melissa completed a Department. She has represented the recording associate in Jenner & fellowship at the Ms. Cox, a Marshall industry before the Copyright Royalty Block’s Washington, Legal Aid Society of Scholar, graduated Board in DC office. She is a the District of summa cum laude As a summer proceedings member of the Firm’s Columbia. from the University of Tulsa with a associate, Lindsay was to adjust the Litigation Department bachelor’s degree in political science a member of the Firm’s royalty rate and Appellate and and economics. She received a litigation team that for Supreme Court master’s degree in social policy from the successfully petitioned mechanical Practices. Ms. Meister London School of Economics and a for a writ of certiorari and digital maintains a broad litigation and master’s degree in economic and social and obtained reversal of phono appellate practice, participating in history from Oxford University. She is a the lower court’s records and litigation matters before regulatory graduate of Yale Law School, where she decision in the to set the agencies, district courts, federal served as a Coker Teaching Fellow, landmark civil royalty rate appellate courts, Editor-in-Chief of the Yale Journal of rights case, for satellite Prior to joining and the U.S. Health Policy, Law, and Ethics, Co-Chair Lawrence v. Texas. digital audio Jenner & Block, Supreme Court. of Yale OutLaws, and a Student Director radio Melissa was a trial Ms. Meister’s of the Complex Federal Litigation Clinic. services. She has also participated in attorney in the recent work appellate litigation matters before the Civil Division, includes NADA DJORDJEVIC is an associate in federal appellate courts and the U.S. Civil Frauds authoring a Jenner & Block’s Supreme Court. Section of the U.S. number of Chicago office. She is Ms. Harrison obtained her B.A. from Department of appellate briefs, a member of the the University of Southern California, Justice. including an Firm’s Litigation graduating summa cum laude and with amicus brief for Department. honors. She obtained her J.D. from the U.S. Supreme Court on the First Ms. Djordjevic has Harvard Law School, where she Amendment, as well as representing worked on a variety of graduated cum laude and served as clients in a number of litigation matters, complex civil litigation Executive Articles Editor of the Harvard including complex commercial litigation,

8 Fall 2008

whistleblower lawsuits, and bid protests. intellectual property rights. SCOTT B. WILKENS is an associate Ms. Meister also counsels and advises Mr. Pozza graduated with distinction in Jenner & Block’s clients on government investigations, from Stanford Law School and received Washington, DC office. including Department of Justice and his bachelors degree with honors from He is a member of the Congressional inquiries. the University of Texas at Austin in Firm’s Litigation Ms. Meister graduated from The 1998, where he was Phi Beta Kappa. Department. University of Arizona in 1998 magna Mr. Wilkens cum laude and with honors. She JOSHUA RAFSKY is an associate in practices primarily in obtained her J.D. from The University of Jenner & Block’s the areas of Arizona James E. Rogers College of Chicago office. commercial and appellate litigation. His Law in 2003, where she graduated He is a member recent work includes merits briefing for summa cum laude and Order of the Coif. of the Firm’s a patent appeal before the U.S. Ms. Meister served as an Executive Employee Benefits Supreme Court, a certiorari petition in a Notes Editor for the Arizona Law and Executive free speech Review, and was a member of The Compensation Prior to his legal career, case, University of Arizona’s National Moot Practice. Scott worked for copyright Court Team and Moot Court Board. Mr. Rafsky obtained a B.B.A. with McKinsey & Company, litigation in High Distinction from the University of where he specialized in the Southern LUKE C. PLATZER is an associate in Michigan–Dearborn in 2002 and financial services. District of Jenner & Block’s received his New York and Washington, DC office. J.D. from a contract Luke was named Joshua is a member of He is a member of the the dispute in the Nathan Abbott the Chicago Leadership Firm’s Litigation University New York state court. Scholar for Council of Department. of Michigan Mr. Wilkens graduated with highest graduating first Lambda Legal. Mr. Platzer obtained Law School distinction and with honors from the in his law school class. his J.D. from Stanford in 2005. During law school, he served University of North Carolina at Chapel Law School, where he as an Executive Editor on the Michigan Hill, where he was a Morehead Scholar. graduated Order of the Coif and served as Journal of Race and Law. He received his Masters Degree in Assistant Articles Editor on the Stanford International Relations from the London Law Review and as Vice-President of DANIEL I. WEINER is an associate in School of Economics, where he studied OutLaw. Mr. Platzer received his A.B. Jenner & Block’s as a Fulbright Scholar. Mr. Wilkens magna cum laude from Harvard College. Washington, DC office. earned a J.D. cum laude from Harvard He is member of the Law School. DUANE POZZA is an associate in Firm’s Litigation Jenner & Block’s Department. Duane’s pro bono Washington, DC office. Mr. Weiner work includes He is a member of the graduated magna cum representation of an Firm’s Litigation laude from accused ‘enemy Department and its Daniel was an Brown combatant’ in the Media and First University in U.S. Supreme executive editor for the Amendment, 2001, receiving Court. Harvard Civil Rights- Entertainment and Civil Liberties Law an A.B. in New Media, and Appellate and Supreme Review and co-articles History with Court Practices. editor of the Harvard honors. He Mr. Pozza’s litigation practice focuses Journal of was also primarily on media and technology Law & Gender. elected to Phi litigation, including litigation in federal Beta Kappa. In district and appellate courts regarding 2005 he regulation of media, the First received his J.D. cum laude from Amendment, and protection of Harvard Law School.

Complete attorney biographies and prior issues of Equal Time can be found at www.jenner.com

9 Equal Time

Thought Leadership in the Profession

Burgdoerfer Participates in updates on 2008 energy tax legislation and Committee, Bench & Bar Committee, Corporate Law Conferences discussed national and local tax incentives Financial & Investment Services Committee Partner Jerry J. Burgdoerfer, Co- for renewable energy and alternative and Securities Law Committee. Chair of the Firm’s Securities vehicles and fuels. Practice, spoke at the Practising Law Ms. Morse authored an article titled, “A Alsdorf Edits Ethics and Institute’s Preparation of Annual Disclosure Personal Perspective On Creating A Compliance Guide; Teaches Documents Conference in January, where Supportive Environment For LGBT Attorneys,” at Yale and Fordham he addressed topics such as up-the-ladder in the July 2008 edition of Embracing Diversity, the newsletter of the American Bar Associate Matthew W. Alsdorf took rules for inside and outside counsel, a leadership role in editing The Ethics and compliance policies, proposals for reporting Association’s TIPS Diversity in the Profession Committee. In the article, Ms. Morse explores Compliance Handbook: A Practical Guide out, ABA and state ethics rules, and for Leading Organizations, which was responding to auditors regarding loss what it means to be “out” or “openly gay,” why it is important for a firm to create an inclusive recently published by the Ethics and contingencies, among other things. Compliance Officer Association. The first-of- In addition, Mr. Burgdoerfer served on the environment for its LGBT attorneys by including LGBT persons within diversity its-kind resource—which provides a practical Executive Planning Committee of the 28th initiatives, and the steps a firm can take guide to the implementation of organizational annual Ray Garrett Jr. Corporate and toward LGBT inclusion. ethics and compliance programs—aims to Securities Law Institute. The Institute A frequent speaker on LGBT diversity create an industry-wide standard for ethics provides private practitioners and corporate initiatives, Ms. Morse discussed strategies and compliance programs. counsel with analysis of current securities and best practices for the retention and Mr. Alsdorf is a Visiting Lecturer in Law and corporate law developments confronting advancement of LGBT attorneys at widely- at Yale Law School, where he will teach a publicly and privately held corporations. attended seminars presented this year by course on LGBT Rights Litigation in Fall Managing Partner magazine and West 2008. He also served as an Adjunct Leon Appointed as Advisor to Legalworks. Associate Professor of Law at Fordham ALI-ABA, Publishes on Law School, where he recently co-taught a class on Criminal Procedure. Employee Benefit Issues Suskin Publishes, Speaks Partner Jorge M. Leon has been Widely on Class Action and Rafsky Co-Authors John appointed as an Advisor on Employee Securities Law Developments Marshall Law Review Article Benefits to the Program Committee of the Partner Howard S. Suskin Board of Directors of the American Law published and spoke extensively this year on Associate Joshua Rafsky co- Institute – American Bar Association. Mr. issues relating to class actions and authored a John Marshall Law Leon will help direct the educational securities law. In addition to co-authoring Review article with Partner Craig C. Martin program by advising on current employee West’s 2007-2008 Illinois Civil Litigation titled, “The Pension Protection Act of 2006: benefit issues and topics. Guide and serving as Consulting Editor of An Overview of Sweeping Changes in the In addition Mr. Leon authored an article LexisNexis’ 2008 Moore’s AnswerGuide: Law Governing Retirement Plans.” The titled “Final QDIA regulations provide Federal Pretrial Civil Litigation, Mr. Suskin article, which was published in the Spring fiduciary relief,” which was published in the contributed recent articles to publications 2007 issue of the Law Review, discusses December 2007 ISBA: Employee Benefits including Bloomberg, Thompson West, some of the major provisions of the Newsletter. The article examines the Mealey’s Litigation Report: Class Actions, Pension Protection Act of 2006 and Department of Labor’s recent clarification the ABA’s Securities Litigation Journal, explores possible policy implications on the of the safe harbor regulations relating to Law.com and BNA’s Securities Regulation future of the defined benefit plan and default investment alternatives in qualified and Law. employer sponsored retirement plans. defined contribution plans. Mr. Leon also In addition, he discussed recent authored an article titled, “Plan developments in class actions and securities Harrison Authors Two Conversions: A Guide to Merging or law at the LexisNexis Moore’s Rules of Forthcoming Articles Terminating Plans,” which was published in Federal Practice National Teleconference, the Associate Lindsay C. Harrison the February 2008 issue of the Employee Chicago Bar Association’s (CBA) Benefit Plan Review. authored an article titled, Annual Class Action Symposium, a DC “Appellate Discretion and Sentencing Securities Bar Association seminar, and a After Booker,” that will be published in Morse Authors LexisNexis PricewaterhouseCoopers Symposium a forthcoming issue of the University of Tax Commentary; Publishes on current SEC enforcement and Miami Law Review. and Speaks on LGBT disclosure issues. Ms. Harrison also co-authored a book Diversity Initiatives Mr. Suskin is a leader on the ABA chapter, “The Story of Wanrow: The Partner Gail H. Morse recently authored Securities Law Committee, where he serves ‘Reasonable Man’ and the Law of Self- several articles on federal and state tax law as Co-Chair of the Class and Derivative Defense,” in Criminal Law Stories. developments for the LexisNexis Emerging Actions Subcommittee. Mr. Suskin is a Issues Law Center. The articles provided former chairman of the CBA’s Class Action

10 Fall 2008

ISBA Seminar Discusses Effective Representation of Unmarried Couples Sponsorships Advance Diversity Partners Joseph G. Bisceglia and representation of unmarried couples. The E. Lynn Grayson spoke at an Illinois State program served to advocate and support Jenner & Block is proud to sponsor a Bar Association (ISBA) seminar on the the passage of new legislation recognizing number of leading LGBT civil rights “Legal Implications of Effective civil unions in Illinois. and community organizations: Representation of Unmarried Couples” The seminar, among other topics, • Jenner & Block, through its LGBT in December 2007 at the Sheraton discussed the Illinois Marriage and affinity group, was a co-sponsor of a Chicago Hotel and Towers. The event was Dissolution of Marriage Act and the federal charitable benefit event hosted by presented by the ISBA Standing laws and areas it addresses; ethical Chicago LGBT professionals in Committees on Women and the Law, considerations attorneys face in celebration of National Coming Out Minority and Women Participation, Sexual representing unmarried couples; legal Day on October 11, 2007. The event Orientation and Gender Identity and barriers and challenges unmarried couples benefited the Broadway Youth Human Rights and the Task Force on face in such matters as adoption, estate Center, which offers comprehensive Diversity. planning and retirement and health care heath and human services to youth Mr. Bisceglia, former President of the benefits/coverage; and the history of who need assistance with housing. ISBA, and Ms. Grayson, Chair of the ISBA’s legislative proposals that have been made The center also offers daily health Task Force on Diversity, both provided thus far in the state of Illinois and and education workshops. introductory remarks. The seminar elsewhere, and the potential for their • In 2008, the Firm served as a provided an update on how to manage implementation in relation to the sponsor of the Center on Halsted, legal issues associated with the future of this issue. the largest LGBT Community Center in the nation. Firm Sponsors 2008 Lavender Law Conference • The Firm was a sponsor of the 2007 District of Columbia AIDS Walk. Jenner & Block served as a sponsor of cutting-edge legal issues affecting LGBT Jenner & Block provided a donation, the 20th Annual National Lesbian and Gay individuals and the community. The event in addition to donations from Law Association (NLGLA) Lavender Law attracted hundreds of practicing attorneys individual attorneys and staff. The Conference, held September 4-6, 2008 at and students, dozens of scholars and many Firm also sponsored a team of the Hyatt Regency Embarcadero in San leading members of the judiciary. people who walked in the event, Francisco. In addition to workshops, Lavender Law which took place on October 6, 2007. Jenner & Block has been a long-time held a career fair designed to achieve a • The Firm served as a sponsor of the supporter of the NLGLA and the Lavender sense of community and inclusion for LGBT “Justice for All” Equality Illinois Law Conference and through this candidates within the legal profession’s Gala on February 2, 2008 at the partnership has enabled law schools to recruiting efforts. Chicago Hilton & Towers. send students to attend the conference. Jenner & Block Partner Jorge M. Leon The 2008 Lavender Law Conference and Associate Scott B. Wilkens served as • The Firm was a sponsor of the featured two dozen workshops on the Firm’s representatives at the career fair. Human Rights Campaign’s 2008 Chicago Gala held in July. The “Summer Chic” event featured AIDS Foundation Marathon Training Program keynote speaker Jane Lynch.

The Firm’s LGBT Forum sponsored a lunch on • The Firm is a National Sponsor of April 28, 2008 for all Jenner & Block personnel Lambda Legal. interested in training for a marathon or half • Jenner & Block attorneys attended marathon with the AIDS Foundation of Chicago. the Fourth Annual Lawyers for The AFC provides funding to HIV/AIDS service Diversity Mid-Summer organizations in Chicago, and presented a unique Barbecue in Chicago on July 31, opportunity to train for and run in a marathon or 2008. Lawyers for Diversity is a half marathon and raise money for a worthy networking and fundraising event to cause at the same time. benefit several Chicago LGBT During the luncheon, John Beach, program community organizations, including representative with the AFC, provided interested AIDS Legal Council of Chicago, runners with information regarding AFC’s AIDS Foundation of Chicago’s John Beach, Equality Illinois Education Project, Partners Gail H. Morse and Howard S. Suskin marathon and half marathon training programs Lesbian and Gay Bar Association of and also addressed techniques for creating a successful fundraising strategy. Runners Chicago Foundation and Parents, are now training for four 2008 events including: the Bank of America Chicago Families, & Friends of Lesbians and Marathon, Banco Popular Half Marathon, Amsterdam Marathon and Half Marathon and Gays (PFLAG). the Honolulu Marathon.

11 Equal Time

Jenner & Block Sponsors Groundbreaking Documentary

Jenner & Block was a sponsor of Jenner & Block first became involved Mr. Levy said. “When we heard she was Chicago Public Television WTTW’s in the program when Partner Richard F. assembling support for the production, groundbreaking documentary, “Out & Levy, who is a close personal friend of we jumped on board enthusiastically. Proud in Chicago.” The 90-minute We knew Alex would create a film, which premiered on June 3, landmark show. Since she was very 2008, chronicles the history of the young, she has always put herself LGBT community in Chicago. The on the front lines of this issue and Firm sponsored the program along others involving fairness.” with several Chicago companies, “I am thrilled that the Levys educational institutions, professional sponsored the program and even firms, charitable foundations and more pleased that Jenner & Block many individual contributors. supported the program as well,” said Through interviews and personal Ms. Silets. “The pro bono work stories, the documentary focuses on Out & Proud Producer Alexandra Silets, performed by lawyers at Jenner & Block Chicagoans who have contributed to the provided initial support for the and at other firms has been critical to advancement of LGBT civil rights. A documentary. securing the civil rights for those in the reviewer for the Daily Herald newspaper “I have known Alex for years, and LGBT community.” called it a “marvelous documentary.” she’s a brilliant and wonderful woman,”

Firm Supports Citywide Pride

For its third consecutive year, Jenner Morse and Howard S. Suskin organized organization devoted to the LGBT & Block served as a corporate sponsor the luncheon discussion that focused on community in the workplace whose of Citywide Pride, a coalition of House Bill 1826, which if enacted would mission is to educate and empower Chicago-based companies that have allow civil unions in Illinois. organizations, human resource come together during Pride Month In addition, Jenner & Block co- professionals, Employee Resource —June— to celebrate diversity and sponsored a June 10 reception with Groups and individual employees. inclusion in the workplace. The UBS and Deloitte showcasing the In addition to Jenner & Block, the consortium strives to raise awareness recent documentary, “Out & Proud in companies, firms and organizations and celebrate the contributions of the Chicago.” The reception featured a supporting Citywide Pride included Aon, LGBT workforce and community. panel discussion about the program, Accenture, Blackman Kallick, Bryan As part of Citywide Pride, the Firm including commentary from the Cave, CNA, Crowe, Deloitte, Ernst & hosted a June 2, 2008 luncheon documentary’s producer, Alexandra Young, Federal Reserve Bank of discussion on legislation to permit civil Silets, executive producer Jerry Chicago, Hinshaw & Culbertson, Harris, unions in Illinois, led by Illinois State Liwanag, and documentary participant JP Morgan Chase, KPMG, McDermott Representative Greg Harris and James Vernita Gray. Will & Emery, Merrill Lynch, Northern P. Madigan, an attorney with Lambda Citywide Pride is sponsored by Out & Trust, Orbitz, PriceWaterhouseCoopers, Legal. Jenner & Block Partners Gail H. Equal™ Workplace Advocates, a national Pepsico, UBS and Wildman Harrold.

In its recently released 2009 rankings, Vault ranked Jenner & Block among the top five law firms in the country for “Diversity for Gays and Lesbians” for the sixth year in a row.

Equal Time — LGBT Community Service News is produced by Jenner & Block. For additional information or copies, please contact [email protected].

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