May 2010 Nixon Peabody helps veteran Inside this issue: receive disability for water Nixon Peabody prevails in tough domestic violence-based U visa case . . . . . 2 contamination-related cancer Nixon Peabody helps with financing for new company, creating 40 green jobs . . . . 3 The successful pro bono efforts of a team of our attorneys, working with retired partner Alexander “Al” Jordan, have resulted in a former Tenants prevail on appeal in contentious Marine veteran qualifying for VA disability benefits after he contracted landlord-tenant case ...... 4 cancer in 2007 from exposure to carcinogenic chemicals in the water supply at Camp Lejeune in the 1960s. Helping a terminal cancer patient remain in his home ...... 6 Just over a year ago, the veteran, Thomas McLaughlin, was referred to Lost Boys Skill Center Nixon Peabody by a person affiliated with the Northampton Veteran’s gains not-for-profit status ...... 7 Administration. Mr. McLaughlin’s wife contacted Boston pro bono partner, Matthew Lynch, who referred her to Al, a member of our Congratulations to Dan Hurteau and pro bono veterans’ project. He enlisted a Boston litigation partner, David Tennant—Both win 2010 President’s Pro Bono Service Award ...... 7 Greg Deschenes, to head a team comprised of Kevin Grant, a corporate associate, and Kacey Houston, a summer associate who will Nixon Peabody lawyers help Haiti be joining our Albany office later this year. The team was assisted on nationals residing in the U.S...... 9 the crucial medical matters by a volunteer, Dr. Robin Davidson, a neurosurgeon and retired Navy Medical Corps Captain who served Nixon Peabody mentioned for its with the Marines. Our team took the case on appeal to the Board of efforts on behalf of the Rosendale Theatre Collective ...... 10 Veterans’ Appeals (“BVA”) after an adverse decision by the Boston Regional Office of the Department of Veterans Affairs. Nixon Peabody team helps Jobs for the Future organization ...... 11 The team was able to establish that it “is as likely as not” (the legal standard applicable in VA disability cases) that the former Marine Nixon Peabody makes strong effort for developed kidney cancer in 2007 due to his exposure to contaminated The Lawyers Clearinghouse ...... 11 water at Camp Lejeune when he was stationed there from 1959 to Nixon Peabody attorneys walk the hill 1964. During that time, he was exposed on a daily basis to drinking again this year ...... 12 water contaminated with trichloroethylene and tetrachloroethylene. His principal source of water for drinking, cooking, bathing, and washing Thanks to everyone who contributed to clothes was from contaminated wells. the firm’s pro bono efforts in 2009 . . . . . 13 A few months after the 2007 diagnosis, Mr. McLaughlin had surgery to remove part of his kidney. His cancer is currently in remission; however, he has experienced a significant loss of mobility and strength

1 and general discomfort. Based on these health issues, he was originally forced to cut his workday as a self-employed plumber by 50 percent and since has been forced to completely shutter his business.

Since the Department of the Navy and the Marine Corps have fought for years to resist claims of former Marines and their families that they contracted cancer and other diseases from exposure to the Camp Lejeune water, the decision is significant. This case marks one of only a handful of VA decisions in the country to find a service connection for a Camp Lejeune water contamination case—some 100,000 former Marines, base employees, and their families were exposed to the contaminated water at Camp Lejeune during the period from the early 1950s to 1984.

The client has since received a disability rating based on the findings by the Boston VA office. In his decision, the VA adjudicator relied on Dr. Davidson’s expert medical opinion and quoted extensively from our brief of December 31, 2009.

Since the ruling, Mr. McLaughlin has agreed to make his story public in an effort to help other Marines who may have been exposed to water contamination at Camp Lejeune, as well as those who had claims denied by the Veteran’s Administration and who might be helped through pro bono legal services. Since agreeing to make his story public, Mr. McLaughlin has been contacted to do an interview with NECN and be the subject of a profile in The Springfield Republican. He has agreed to do both.

Nixon Peabody prevails in tough domestic violence-based U visa case

San Francisco partner Carolyn Collins and associate Sushila Chanana recently received good news that U.S. Citizenship and Immigration Services (USCIS) had granted a U visa petition for a pro bono client who was a victim of domestic abuse. The U visa will allow the client to continue to work in the Bay Area and apply in the future for legal residency in the United States.

This complicated matter began as an asylum case with a serious problem since our client, who is from Mexico, had been in the United States for eight years before realizing she had the option to seek asylum due to years of horrible domestic abuse. Diagnosed with post traumatic stress disorder, the client had assisted in the arrest of her abuser in 2007, but still regularly received threatening calls from him even after he returned to Mexico. He was subsequently deported after coming back to the United States.

2 During the asylum interview process in January 2010, Carolyn and Sushila learned that a removal (deportation) order had been issued for their client when she entered the United States in 2001, so she was ineligible for asylum. So the two lawyers sought an expedited ruling on the U visa they had filed earlier from the USCIS office in Vermont. After first declining that request, the Vermont office was convinced the client’s case warranted expedited handling when they learned of the imminent reactivation of the removal order.

The Nixon Peabody lawyers negotiated the client’s surrender to U.S. Immigration and Customs Enforcement (ICE) and coincident reactivation of her order of removal. Because Vermont had made a favorable preliminary finding on her U visa, they had a strong basis to help convince ICE to exercise its discretion not to incarcerate her, but to supervise her less restrictively—a position ICE accepted.

In mid-February, the lawyers learned that the Vermont office’s ruling on the U visa could take anywhere from a week to several months, depending on whether they needed to ask for additional evidence. On March 1 and 2, Carolyn and Sushila went to the client’s reasonable fear interview in an effort to prevent her removal in the event the U visa was not granted. The weekend before, the client had received more menacing phone calls from her abuser confirming he had been deported to Mexico and remained intent on harming her if he could.

The client’s U visa was approved soon after, and the client’s authorization to work was issued. As the law now stands, the client will be eligible in three years to become a legal resident and, in the meantime, may legally work and continue her productive existence in the Bay Area. She is very excited and grateful.

Carolyn credits the pro bono success to Sushila’s “fabulous and resourceful briefing and evidence compilation.” Because this case was so unusual, the referring agency, Lawyers’ Committee for Civil Rights, has asked Nixon Peabody to conduct a training for other pro bono volunteers featuring this outcome as a case study.

Nixon Peabody helps with financing for new company, creating 40 green jobs

On March 31, 2010, the Business Outreach Center Network, Inc. (BOC) closed a $250,000 venture capital investment in The Sustainable Biodiesel Company, LLC (SBC). BOC is a highly recognized not-for-profit, small business development organization that advises and trains micro- entrepreneurs in New York City. BOC, through its affiliate, BOC Capital Corp., also makes micro- loans of up to $25,000 to small businesses. This was BOC’s first equity investment in a startup, and it was made possible by an $800,000 grant from the federal government.

Private Equity associate Michael Mueller, and former NP associate Bijal Vira, both in the New York office, represented BOC as a pro bono client for this transaction. The case came to Nixon Peabody through the Lawyers Alliance for New York. “It was the first time we’ve ever worked with this client. We have given pro bono advice to low-income micro-entrepreneurs in the past,

3 but this project was different. The scale was much larger and it was the organization’s first investment of this type,” Bijal said.

“This transaction provided me with an opportunity to interact with a client extensively, become an integral part of the client’s mission and learn about a new industry” said Michael. As a testament to BOC’s appreciation for Bijal’s and Michael’s guidance and enthusiasm, BOC invited Michael to join its 12-member board of directors.

The primary goal of the equity investment was to help create 40 new “green” jobs in Brooklyn, New York. SBC collects used cooking oil from more than 2,200 New York City restaurants and refines the cooking oil at its own rendering facility, which is located in the Red Hook area of Brooklyn. SBC combines the refined cooking oil with diesel fuel in various proportions. The company then sells the blended fuels to truck and automobile fleets to be used as engine fuel and to residential and commercial buildings to be used as heating fuel. SBC intends to use the new funds to expand its collection, refining and sales operations, and hire approximately 40 new employees.

By the time Nixon Peabody was called in to help draft and negotiate the deal documents, BOC had already completed a thorough due diligence review of the business to satisfy certain requirements attached to its federal grant and also because it was in unfamiliar territory—making its first equity investment. Bijal and Michael engaged in a hard-fought battle to win a multitude of investor-favorable terms for BOC. According to Michael, “SBC was reluctant to acquiesce to our demands because none of its existing investors, some of whom had invested substantially larger sums in the company, had received the terms we proposed.” “We prevailed in the end and convinced SBC that all investors, new and existing, should have the same rights that we demanded,” added Bijal. In addition to the venture capital investment, Nixon Peabody is also helping BOC draft its bylaws and deal with a number of intellectual property and labor issues.

Tenants prevail on appeal in contentious landlord-tenant case

After more than a two-year battle, thanks to the efforts of Kenneth Nichols, a fifth-year commercial litigation associate in the Washington, D.C., office, and John Brown, a former Nixon Peabody attorney, two tenants received the money they are entitled to from their landlord.

This landlord-tenant case began with John in 2007 through a referral from the D.C. bar’s pro bono clinic staffed by Nixon Peabody attorneys. The tenants were facing eviction from the landlord and needed immediate representation. During the first few initial hearings in the landlord-tenant

4 branch of the Superior Court of the District of Columbia, John argued the landlord had retaliated against the tenants for raising housing code violation complaints with the city. Before trial, John negotiated a settlement agreement for the tenants to vacate their apartment early in exchange for a monetary payment from the landlord. After the tenants moved out of the apartment, however, the landlord refused to pay and filed a separate action in Superior Court claiming the tenants had caused significant damage to the apartment, effectively offsetting the amount the landlord owed to the tenants under the settlement agreement.

John moved to reopen their case and to enforce the settlement agreement. At trial, the landlord argued that the landlord-tenant court did not have jurisdiction to enforce a monetary amount against a landlord, and that the tenants had breached the confidentiality provision of the settlement agreement when they revealed the settlement amount by not filing their motion to reopen under seal. The landlord-tenant court rejected both these arguments and ruled in favor of the tenants. Dena Kessler, a summer associate at Nixon Peabody, successfully moved to dismiss the separate action filed by the landlord in Superior Court based on the landlord-tenant court’s ruling. The landlord appealed the landlord-tenant court’s ruling to the District of Columbia Court of Appeals, which agreed to conduct oral arguments on the matter given its novel issues on jurisdiction and confidentiality. At that point, John brought in a litigator, Kenneth, to help with the appeal and argue the case.

Although Kenneth had done other pro bono work, handling an appeal was a new experience for him, so he enlisted the help of some of his colleagues before he argued the case. “A couple of partners told me the best thing to do was role play, so I had some volunteers run me through moot court sessions to hone my oral argument skills,” he said. But Kenneth didn’t stop there as he took further advantage of this pro bono courtroom experience by listening to a recording of the argument to determine what sounded good and what needed improvement.

“This case provided some of the most hands-on experience I have had at the firm. Not only was it my first time drafting an appellate brief, but this case gave me my first appearance before an appellate tribunal. I’m certain that not many associates anywhere can say that,” Kenneth said.

Kenneth prevailed on the jurisdiction issue by arguing that the landlord’s position that the landlord-tenant court did not have jurisdiction was without merit given that a Superior Court judge had presided over the trial and thus the landlord had the appropriate forum. Kenneth next prevailed on the breach issue by arguing that the tenants had not violated the original confidentiality agreement, which became part of the “case jacket” and was not sealed, simply by listing the amount of the settlement in an exhibit when the case was reopened. The court of appeals agreed on both issues, but it left open the possibility that the landlord could further pursue a separate action in superior court for the damages allegedly caused by the tenants when they moved out. However, the landlord has not filed another action, and Kenneth believes it is unlikely another case will be filed given the long, tumultuous battle and expenses the landlord has endured in the matter.

In addition to the preparation and oral arguments before the court of appeals, Kenneth skillfully negotiated for the landlord to post the judgment amount ordered by the superior court in lieu of the bond for appeal until the appeal was resolved. “The matter was so contentious that we weren’t sure the landlord would pay the money at issue even if we won the appeal, so we made several

5 appearances to protect our clients’ interests and keep the money safe until the appeal was resolved,” Kenneth said. Recently, the landlord-tenant court released the funds, and John and Kenneth presented the check to Ms. Mendez and Mr. Aragon on May 5.

“Ms. Mendez and Mr. Aragon are deserving clients, and have been thankful for the firm’s work. They attended the appellate hearing, sitting directly behind John and me when we went up to argue the case. When I introduced them during my opening comments, one of the judges smiled. I think he, along with everyone in the courtroom, knew that our clients were appreciative of the fact that we had not forgotten about them or their cause throughout the lengthy appellate process,” Kenneth said.

Helping a terminal cancer patient remain in his home

Thanks to Darren Miller, an associate in the Rochester office, a terminal cancer patient was able to spend the majority of his final days in his trailer surrounded by lifelong memories. Darren was drawn to this patient’s case because his own grandmother died of the disease in 2006, just before Darren came to Nixon Peabody as a summer associate.

When Darren took the case in early 2008, the man had been given less than six months to live. His goal was to live out those days in his trailer and to leave his partner something financially. Darren managed to keep the man in his home for 16 months and negotiated a financial settlement, as well. The client passed away in January 2010.

The man was facing eviction from the trailer he owned because, although his father’s will left the underlying property to him, his father had entered into a contract to sell the land before his death (and the trailer could not be relocated). “During the course of the representation, I conducted many ‘interviews’ with the client, negotiated a financial settlement with various interested parties, such as the father’s estate, the buyer of the property, and a nursing home with a claim, and I drafted the ‘settlement’ paperwork,” Darren explained. The financial settlement, which was not a formal court settlement, allowed the man to relocate during his final days.

In addition to this legal work, Darren also helped his client get his will prepared, which was done on a pro bono basis by an associate in the Rochester office. Darren also served as a sounding board and friend to his client, whose calls would wander from strictly legal matters to how he was feeling and how his treatments were going. “He called a lot just to chat, more than anything…. He had his partner in his life but he didn’t seem to have much other contact with the outside world, so I just listened,” Darren said.

While the case was incredibly rewarding for Darren, the man was especially grateful for Darren’s efforts, which kept him in his home despite a relatively weak legal position. “On many occasions, he told me that he thought I’d been sent by God to help him in his time of need. I don’t think he could have been more appreciative,” Darren said.

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Lost Boys Skill Center gains not-for-profit status

Boston lawyers from our Private Clients group recently helped a pro bono client launch a charitable organization to benefit a school for the “Lost Boys of the Sudan”—the 15,000 or so surviving children who were literally driven from their homes in Sudan as a result of their country’s 21-year civil war. The children, mostly young boys whose families had been killed or driven away by insurgents, were forced to flee their country and wander thousands of miles across deserts and difficult terrain in Africa before finally reaching shelter at the United Nations’ Kakuma refugee camp in Kenya. Nearly half of the 30,000 children estimated to have fled the Sudan did not survive.

Partner Sarah Connolly and associate Eric Karlberg—through a contact from Boston senior counsel Jack Clymer—were introduced to Abraham Manyang, himself a “lost boy” who walked from southern Sudan to Kenya between the ages of six and eight. Mr. Manyang resettled in the United States near Boston where he earned his high school diploma and an associate’s degree, and later became a U.S. citizen. Never forgetting his harrowing experience and the difficulties faced by his fellow “lost boys,” Mr. Manyang dedicated himself to building a vocational school in southern Sudan that would teach important carpentry, agriculture, computer, and nursing skills to “lost boys” and others in need of help in the country.

As a first step, Sarah and Eric moved the organization closer to its goal when they helped incorporate “The Lost Boys Skill Center” in Massachusetts. Just recently, the pair also received notice that the IRS had granted tax exempt status to LBSC as a public charity. With these important steps out of the way, the Skill Center can begin serious fundraising efforts. Already, the Skill Center has received seed money grants from several foundations, and more support is expected.

Congratulations to Dan Hurteau and David Tennant—Both win 2010 President’s Pro Bono Service Award

Dan Hurteau, a partner in the Albany office, and David Tennant, a partner in the Rochester office, have each won a 2010 President’s Pro Bono Service Award for their respective judicial districts. Only one attorney wins this prestigious award in each judicial district. Dan won for the Third Judicial District and Dave for the Seventh Judicial District.

The awards ceremony was attended by many judges from around New York, as well as the entire New York Court of Appeals, the highest court in New York, and the Solicitor General from New York. The speakers mentioned the great pro bono work that both Dan and David did and also had

7 nice words about the firm’s pro bono commitment. Chief Judge Jonathan Lippman spoke about the need for access to justice and praised the award recipients for meeting that need.

Both Dan and Dave were nominated for the 2010 President’s Pro Bono Service Award by Stacey Slater, the firm’s pro bono partner. “Dan Hurteau is one of the pro bono leaders at Nixon Peabody LLP. In addition to performing 184 hours of pro bono work in 2009 on behalf of 17 pro bono clients, he has also been instrumental in helping to manage the firm’s pro bono program as the Pro Bono Partner for our Albany office. In this role, he encourages all of our Albany lawyers to get involved in pro bono and matches opportunities with our lawyers. Because of his efforts, we had close to 100% pro bono participation in our Albany office…. In short, I believe Dan deserves recognition because of: (i) his personal efforts on behalf of several low-income pro bono clients and (ii) his work to encourage others to do pro bono, both within our firm and within his community,” Stacey wrote regarding Dan’s extraordinary pro bono efforts.

David Tennant was nominated “because of (i) the 198 pro bono hours he rendered in 2009 on important pro bono matters for many clients, and (ii) his exhaustive efforts helping to manage the pro bono program in our Rochester office by distributing and staffing matters that were referred to the firm by the Volunteer Legal Services Project (VLSP), where he serves as a member of the board. In short, David is truly committed to helping the needy…. I have worked closely with David and can attest that he has been an outstanding and persistent contributor to our firm’s pro bono initiative…. Moreover, David has volunteered for numerous significant pro bono matters, and as a result of his tireless efforts on behalf of his pro bono clients, he has made a tremendous difference in their lives,” Stacey wrote.

Dan personally worked on 17 different pro bono cases during 2009. For example, Dan gained a favorable outcome on behalf of a low-income woman who relies on Section 8 subsidized housing. The woman wanted to move to a larger apartment, for which she received Section 8 pre-approval. But she refused to move into the unit when she discovered that it was infested with roaches and contaminated with rat feces. Despite the uninhabitable conditions of the unit, Section 8 paid the new landlord for three months while the woman tried to straighten out her living situation. During that time, she personally paid her old landlord so she could remain in her current apartment. She then sued the new landlord for the Section 8 rental payments. Dan tried the case in Albany City Court and, in a complete victory, the woman was awarded all of the rent money. Dan’s other 2009 pro bono efforts have included, among other things, a day-long evidentiary hearing in a matter involving visitation and custody issues, a matrimonial matter which resulted in his client receiving very liberal contact with her children, and several landlord-tenant matters.

David’s pro bono work has been varied. For example, as a member of the NYSBA Committee on Mass Disaster Response, David helped the families of victims who died in the mass shooting that occurred on April 3, 2009, in Binghamton, where a lone gunman killed 13 people at an immigration assistance center before killing himself. David also acted as pro bono counsel for a woman in an appeal with far-reaching implications, relating to the parental rights and obligations in same sex relationships. This appeal, together with a companion appeal involving visitation and

8 custody rights concerning a child conceived by artificial insemination during a lesbian relationship, has attracted amicus filings and presents another opportunity for New York’s high court to speak to these developing social, political, and legal questions.

News of the pro bono awards received media attention. For example, the Albany Times Union mentioned Dan’s award in both its “Around Tech Valley” column and in the legal writer’s regular column.

Congratulations to both Dan and David for their dedication and hard work. The 2010 President’s Pro Bono service awards ceremony was held on Monday, May 3, 2010, in Albany, New York.

Nixon Peabody lawyers help Haiti nationals residing in the U.S.

After the massive earthquake in Haiti, Janet Napolitano, Secretary for the Department of Homeland Security, announced on January 15, 2010, that Haitian nationals residing in the U.S. could apply for Temporary Protected Status (TPS). The TPS designation would allow Haitian nationals to stay for 18 months and apply for employment authorization that would allow them to join the workforce and send money home to relatives in need.

Responding to requests for how Nixon Peabody could provide pro bono help, Pro Bono Partner Stacey Slater alerted firm lawyers to training sessions on how to help Haitian nationals seek TPS. Since then, lawyers from around the firm have taken advantage of some of these training sessions, including the ones offered through both the Practising Law Institute and the Lutheran Immigration and Refugee Service, with an eye toward providing pro bono help at legal clinics.

Five Nixon Peabody lawyers joined Stacey in staffing one pro bono clinic in New York City, including partner Ray Mariani and associates Kerry Dinneen, Ami-Cietta Duche, Natalie Dennery, and Meghan Fennelly. That clinic, sponsored by the New York City Bar Association, helped 83 individuals with their TPS applications.

Since then, Meghan, paralegal Patrick Dezil and associate Medea Myers have participated in additional clinics. For example, Meghan has attended three additional TPS clinics. Two were operated by the City University of New York (CUNY) in partnership with the New York Legal Aid Society. At one, in Brooklyn, Meghan assisted about 20 individuals. At the other, in Queens, she assisted about 10 individuals. “Each of these clinics was organized so that multiple volunteer attorneys would review each TPS application, with complicated questions flagged for the immigration attorneys on hand. I assisted with both initial screening to assess eligibility for TPS and with final review of an application. I was impressed with the thoroughness of

9 the process, as we handled everything from giving advice on eligibility to taking passport photos,” Meghan said. The third clinic she attended was run by the New York Legal Assistance Group at the Haitian Earthquake Family Resource Center in Brooklyn, where she assisted five individuals with application advice.

“The experiences were wonderful. The applicants are incredibly gracious, and there is a shared sense of purpose between the organizers, volunteer attorneys, and applicants. I helped some family friends with an application, and the parents and two children have already received TPS and work authorization. I know it is a huge relief for them to be able to have the opportunity to support their family here and send assistance to family members back in Haiti in a time of great need,” Meghan said.

Coincidentally, Meghan had been in Haiti just days before the earthquake visiting her fiancé who works there. “I think it is great that the firm is providing pro bono opportunities to help out, in addition to giving a check,” she said.

By helping Haitian immigrants apply for TPS, Nixon Peabody lawyers are not only helping their clients, but also the people in Haiti who will ultimately receive necessary money and aid from their relatives in the United States. The window of opportunity for Haitian nationals to gain TPS designation is only open for a total of 180 days (expiring this summer), so there is still a need for more help. If you would like to get involved, please contact Stacey and she will see if there are clinic opportunities near you.

Nixon Peabody mentioned for its efforts on behalf of the Rosendale Theatre Collective

A March 26 article by Timothy Malcolm in the Times Herald-Record noted the completion of 501(c) (3) nonprofit status for the Rosendale Theatre Collective. The article prominently mentions Nixon Peabody’s pro bono work for the group, which came through a matchup by the New York City- based New York Lawyers for the Public Interest.

“The Rosendale Theatre Collective is a community group formed to purchase and preserve the Rosendale Theatre and continue its mission of providing quality films, live theater, music and community events in the tradition of its original owners, the Cacchio family,” according to the group’s website. The collective needed 501(c)(3) status to further its mission and effectively raise funds to meet an immediate goal, which is to raise $160,000 by mid May for a down payment to secure a mortgage.

The group was able to get their nonprofit status in unheard of time thanks to the pro bono efforts of Anita L. Pelletier, an associate in the Rochester office, and Michael Schnipper, an associate in the Long Island office. Allan Cohen, a partner in the Long Island office, is also on the team and is currently working to help the group with the acquisition piece of the project.

10 “The Rosendale Theatre is an institution in that area, and it’s a pleasure to be able to work with local community leaders to preserve it,” Allan said.

Nixon Peabody team helps Jobs for the Future organization

For the past several months, Boston associate Brian Childs and several others at the firm have been working with Jobs for the Future (JFF), an organization that seeks to place students who traditionally have low rates of college matriculation onto college campuses during their senior years of high school. The program closely monitors student performance, stressing accountability and excellence. So far, the program has achieved astoundingly successful results. Brian has been overseeing the wide range of legal services Nixon Peabody has provided to JFF, ranging from employment matters to corporate work.

In a recent thank you note to firm Managing Partner and CEO Dick Langan, Marlene B. Seltzer, JFF’s president and CEO, expressed appreciation for the “exemplary” work the firm has provided. Ms. Seltzer cited Nixon Peabody’s assistance helping the organization deal with difficult employee and contract situations. And she also said she valued highly the “big picture” approach our lawyers took in helping JFF fix its basic employment letter. “The list goes on,” Ms. Seltzer wrote, “leaving us in awe and with deep gratitude to your firm.”

In addition to praising Brian’s role as an “amazing” point person, the note also thanked several other Nixon Peabody attorneys who have provided pro bono assistance to JFF, including partners Charles Claeys, Thomas McCord, Gary Oberstein, and George Skelly; counsel Sandra Kahn; and associates Erika Collins, Laura Golden, and Dan Kolodner—“all of whom have treated us like we were a Fortune 500 Company,” Ms. Seltzer wrote.

Nixon Peabody makes strong effort for The Lawyers Clearinghouse

Nixon Peabody’s Jeffrey Sacks, a partner in the Boston office, received a January 2010 report from Maribeth Perry, executive director of the Lawyers Clearinghouse. The report is a roundup of the pro bono work performed by Nixon Peabody lawyers for the organization during its last fiscal year, which was September 2008 through August 2009. For the firm, the work included:

• Legal Clinic: Nixon Peabody staffed two clinics at Pine Street Inn and at hopeFound. Eighteen lawyers participated in the intake resulting in 20 cases. The issues included BHA housing denial, eviction defense, garnishment of Social Security income, sealing a criminal record, income tax, and appealing the denial of Social Security Disability.

• Community Legal Referral Program: Four lawyers took on four matters, including a lease review for a family shelter in Central Massachusetts, a legal audit to help an all first-time

11 homebuyer condominium association, and a 40B appeal and drafting mix-use development master deeds for a project on Martha’s Vineyard. Nixon Peabody’s commitment to this case deterred the abutters from filing the appeal, clearing the way for the mix-use development, which includes nine restricted residential units, two market price units, a community center, and office space for the NAACP.

• Boston Bar Association Business Law Pro Bono Project: Seven lawyers took four matters. They were all 501(c)(3) formation matters helping start-ups with missions that included (1) setting up a stonecutter’s museum in Boston; (2) helping youth at risk; (3) helping Eritrean immigrant communities in the Greater Boston area; and (4) promoting African development-related research.

Thanks to all of the lawyers from the Boston office who helped make The Lawyers Clearinghouse a viable part of the effort to promote community in Massachusetts.

501(c)(3) work generates sincere gratitude from pro bono client

In a recent Lawyers Clearinghouse case, pro bono work by Alison Spillane and Richard Santoro, both associates in the Boston office, was lauded by a grateful client, Quincy Quarry & Granite Workers Museum, for their successful completion of the organization’s 501(c)(3) application. The client wrote a letter to Jeffrey Sacks, president of the Lawyers Clearinghouse and a Nixon Peabody partner.

Alfred Bina, president of the museum, wrote: “Lawyers Clearinghouse designated Nixon Peabody as our legal counsel in our effort to apply for a 501c(3). Nixon Peabody did an outstanding job in compiling and submitting our application for exemption. The application was processed with no additional information required and was accepted by the IRS as complete.”

Nixon Peabody attorneys walk the hill again this year

Once again, Nixon Peabody rallied a team of attorneys from the Boston office to participate in Walk to the Hill 2010. The 11th annual January event is a show of support for low-income Massachusetts residents needing legal aid for civil matters. The walk allows attorneys to show state lawmakers their support for more legal-aid funding.

The annual walk, held on January 27 this year, attracts hundreds of attorneys from around the area. Many Nixon Peabody attorneys have been making the walk for years. This year, 23 Nixon Peabody attorneys participated in the event, according to Juan Concepcion, a Boston associate and one of the four coordinators for the event. The other three coordinators for this year’s walk included Boston associates Kim Clarke, Jennifer Collins and Ronaldo Rauseo-Ricupero.

12 Their efforts generated a big thank you from Patricia Comfort at the Equal Justice Coalition, which organizes the event. “Fantastic, fabulous, and wow! Thank you so much for organizing your firms and showing up en masse…to advocate for level funding for civil legal aid. We had another smashing turnout this year—the unofficial count is 700… With the Governor having recommended level funding, it certainly starts the budget process off on the right track. Your visits to your legislators…were critically important to keeping the momentum going,” Ms. Comfort wrote in a thank you e-mail.

Thanks to everyone who contributed to the firm’s pro bono efforts in 2009

The firm appreciates everyone’s efforts to provide legal access to those who would otherwise lose that opportunity. Collectively, our pro bono efforts have made a significant difference in the lives of many individuals and we helped numerous not-for-profit organizations continue to provide their services and fulfill their missions.

“I’m proud of the pro bono efforts of our attorneys, paralegals, and tech specialists, and staff. With the economic downturn, the demand for pro bono legal services is higher than ever before, just as our government’s overburdened legal aid system is facing financial uncertainty. Our services are truly needed and we are meeting that need in many of our communities. I thank everyone who donated their time—it really is making a difference,” said Stacey Slater, the firm’s pro bono partner.

To recognize the efforts of those professionals who provided 100 hours or more of pro bono service to their communities, the firm presents each with a Peabody Award. The award is named after one of the firm’s founding partners, William Rodman Peabody. He believed that all attorneys should dedicate one-third of their time to pro bono work and to the community. For those

(Award winners in the Long Island office.) professionals who provided between 25 and 99 hours of pro bono service, the firm provides a Certificate of Recognition.

The firm will be making two charitable contributions in the amount of $1,250 each in honor of our Peabody Award recipients. One donation will go to Roger Williams Law School Pro Bono Collaborative, which provides pro bono assistance to individuals and entities throughout Rhode Island and touches many people’s lives. It was chosen by the lawyers in the Providence office, which had the highest pro bono hours per lawyer in 2009. The other donation will be given to the Children’s Law Center of Massachusetts (CLC), which provides legal representation to children with a wide variety of complex legal problems. This organization was chosen by the lawyer who had the highest individual pro bono hours in the firm.

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Pro bono award ceremonies have already been held in the Long Island, Boston, and Albany offices, where the awards and certificates of recognition were distributed. The firm is in the process of planning events in the other offices.

Congratulations to the following professionals who generously donated more than 100 hours to pro bono activities during 2009.

Sarah Andre Deborah Heil Shirley Phillips Amanda Baker Jacob Herstek Arthur Pressman Timothy Baldwin Dan Hurteau Edward Puerta Joshua Barlow Rebecca Husman Elizabeth Qually James Bourdeau Kristin Jamberdino Ronaldo Rauseo-Ricupero Timothy Broshears Oscar Jimenez Regina Rockefeller Sushila Chanana Alexander Jordan Susan S. Rodio Yi-Yi Chang Eric Karlberg Ned Roman Anjali Chaturvedi Stephanie Karnavas Jonathan Sablone Brian Childs James Kelly Jeffrey Sacks Kim Clarke Randall Kelly Rudy Salo Stacie B Collier Holly Kilibarda Kimberly Samuels Carolyn Collins Daniel Kolodner Scott Sasjack Jennifer Collins Kelly Kramer Jon Schumacher Juan Concepcion John LaBoda Deborah Schwartz Anne Covert Paul Lynd Michael Scott Gregory Deschenes Raymond Mariani Connie Sensale Paul Dimoh Richard Marx Stacey Slater Victoria Donohue Christopher Mason Brian J. Smith Sabrina Dunlap Talley McIntyre Sheldon Smith Charles Dyke Ann Miller Walter Spiegel Sanga Emmanuel Evelyn Moreno Patrice Harris Talbott Mahmood Firouzbakht Patrice Morrison Kelly Tallaksen Libby Ford Timothy Mungovan David Tennant Linn Freedman Tanya Nesbitt Christopher Thomas Brian French Dara Newman Leah Threatte Michael Garcia Kenneth Nichols Dawn Traficanti Margarita Gevondyan Colin O'Sullivan Megan Tumi Andrew Glincher William Pegg David Vicinanzo Erik Goergen Anita Pelletier Diana Vilmenay Robert Weikert Frank Penski Elizabeth Wood

14 Sarah Wells Janelle Whitaker Jeremy Wolk David West Jodi Rosen Wine Adam Wright

Thanks to the following professionals who donated between 25 and 99 hours to pro bono activities during 2009.

Manuel Abascal Lawrence Ceriello Patrick Dezil Judy Alexander Lisa Chapman Lawrence DiCara Christopher Allen David Cheng Kerry Dinneen Wylie Allen Jessica Chiclacos Louis Dolan Deborah Anderson Lezlie Chimienti Donald Dorfman Robert Anderson Sorinel Cimpoes Dennis Drebsky Kelly Babson Robert Cirino Ami-Cietta Duche Elizabeth Baio Paul Clifton-Waite Brian Duffy Ashley Baker Stephen Clinton Dennis Duggan Christopher Baker Lisa Cole Peter Durant William Baldwin Brian Collet Robert Ebe Armando Batastini Dwight Collin Tracey Ehlers Anne Belin Kristen Condeff Ronald Eisenstein Krista Bell Sarah Connolly Elaine Enfonde Philip Berkowitz David Cook Alexandra Epand Robert Bernius Michael Cooney James Fabian Suvashis Bhattacharya John Cornell Marcie Keenan Farano Sarah Teachworth Boehs Jennifer Arthur Corvo David Feldman Constance Boland Andrew B. Cosgrove Meghan Fennelly Jodi Bourque Cindy Crawford Lynn Fiorentino Lori Bowman Jasmine Cromeyer Richard Flaggert Joseph Brady Colette Dafoe Marjorie Fochtman Lois Broussard Tara Eyer Daub Jillian Folger-Hartwell Faith Bruins Anne Davis Gina Fornario Molly Bryson Daniel (Manchester) Deane David Foster Sarah Bunt David DeCerbo Matthew Frankel Joel Burgos Mark Deckman Christopher Froeb Deborah Burton Scott DeMartino Janet Garetto Michael Canfield Penny Dentinger John Garibaldi Kathleen Ceglarski Robert Dewees John Garrett

15 Christopher Gegwich James Kerouac Matthew McLaughlin Randy Gidseg Kathleen Kizer Deborah McLean Jeffrey Gilbreth John Koeppel Neal McNamara Peter Glennon David Kolek John McQueen Laura Golden Jason Kray Robert Meserve Paula Gordon Robert Krebs Victor Milione Kevin Grace Kelly Kress Darren Miller Kevin Grant Sarah Anne Kutner Laurie Miller Matthew Grazier Gordon Lang Steven Mindy John Greenthal William Lang Jim Montes Thomas Greiner Richard Langan Joann Moolsintong Tatiana Gutierrez Stephen LaRose Carlene Moore R. Mark Halligan Charlotte N. Lee John Moragne Kenneth Hance Sunny E. Lee Matthew Moses Emily Harlan Kevin Leftwich Cornelius Moynihan Lee Harrington Joseph Leghorn Michael Mueller Maia Harris Ruth Leistensnider Kurt Mullen Wendell Harris Jeffrey Lesk Daniel Muller (Manchester) Courtney Harrison Mark Levine Lazaro Mur Marilen Hartnett Kenneth Lind Sonia Nayak Ripley Hastings Brent Little Andrew Neilson James Hatem Barbara Lukeman Fredric Nelson Jennifer Hayes Jared Lusk Seth Neulight John Hayes Allen Lynch Kristy Nicholson Joshua Henderson Matthew Lynch Lynnette Nogueras-Trummer Jaime Hertel Gordon MacDonald Mary-Benham Nygren Peter Hoefs Nancy Roberts Mahoney Gary Oberstein John Hood Lindsay Maleson Edward O'Callaghan Merrill Hoopengardner Nicole Marro Elizabeth Oliveira Dale Hudson Michelle Massicotte Abigail Sterling Olsen Renee Jackson Daniel McAvoy Mary Ellen O'Mara Richard Jones Christian McBurney Rebekka Hermans Or Bradley Kamlet Louise McCabe Isabelle Ord Marc Kaufman Jean McCreary Joshua Orr John Kelly Richard McGuirk Joseph Ortego Maria Kelly (Bos) David McKone Ellen Papadakis William Kelly Christine Sackett John Partigan

16 Jonathan Penna Janet Sadoff Vidya Subramanian Christopher Perkowski Richard Santoro Paul Suh Amy Pham Janine Sarr Scott Susko Vincent Polsinelli Kevin Saunders Peter Swartz Whitney Davisson Pope Michael Schachter Joanne Sylvester Andrew Potts Stephanie Schinella Katie Tenney Andrew B. Prescott Jonathan Schlaifer Tzaddi Thompson Amanda Pugh Michael Schnipper Todd Tidgewell Denise Pursley Gregory Schopf Jeffrey Townes Vivian Quinn Mollie Scott Craig Tractenberg Nancy Antonellis Quinnan William Scott Khara Tusa Joseph Ramos Brian Seibert Lesley Varghese Abigail Reardon Sumeet Sharma Desiree Verdejo Michael Reardon Michael Sheetz Bijal Vira Kevin Recchia Julia Sherelis Christopher Wallace Eliot Reid Ruth Silman Catherine Walsh Renee Reimonenq Patrick Simpson Kristen Mollnow Walsh Melissa Reinckens George Skelly Gregory Weston Steven Richard Cyril Smith Jessica Sloan White Terence Robinson Jenny Smith Justine Wilcox Laura Roethel Kathrin Smith Deborah Woodbury Shellie Rosan Sylvia Smith Alex Yim Andrew Rose Alison Spillane Robert Yoshitomi Barry Rothchild Steven Mindy Leah Ziemba Jena Rotheim Gregg Rubenstein Anthony Ruvolo

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