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 Chicago 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.