2008 annual review

HOGAN & HARTSON llp COMMUNIT Y SERVICES department
2008 Annual review
Contents
Page 2
Children and Families
Page 10
Individual Rights
Page 22
Global Presence
Page 28
Health and the Environment
Page 36
Achieving Life’s Basic Needs
Page 48
All of our Communities
Page 56
2008 CSD Staffing
ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.
© 2009 Hogan & Hartson LLP. All rights reserved. Hogan & Hartson LLP is a District of Columbia limited liability partnership with offices across the United States and around the
world. Some of the offices outside of the United States are operated through affiliated partnerships, all of which are referred to herein collectively as Hogan & Hartson or the firm.
Children
and Families
SETTLEMENT OF INTERNATIONAL DISPUTE
Hogan & Hartson played a vital role in reaching a mediated settlement through which a five-year-old girl at the center
of an international dispute was placed in the custody of her father, a Cuban national, with substantial visitation rights
accorded to the girl’s brother and temporary custodial family in Florida. The agreement allows the child to continue to
build on her new relationships with her father, his wife, and her sister, under circumstances that protect her established
relationship with her older brother, who has cared for her and been a stable presence in her life. The Hogan & Hartson
team represented the guardian ad litem assigned by the court in Florida to protect the child’s best interests. The settlement followed a contested hearing and many months of discovery in which the firm’s role was to assist the guardian ad
litem in learning the facts and advocating for the best interests of the child.
award for the 2008 Community
lawyers: John O’Sullivan; Shelby Pasarell Tsai; Miguel Gonzalez; Jose Talavera
Advocate of the Year, and the Miami
Miami partner John O’Sullivan
received the 11th Judicial Circuit
office was unanimously selected as one
APPEAL IN CUSTODY MATTER
of the recipients of the Most Valuable
The District of Columbia Court of Appeals issued a 26-page unanimous decision in favor of a firm CSD client who had
been involved in a custody dispute with the father of the couple’s two children. Despite finding that the father had committed acts of domestic violence against our client, the trial court awarded the father primary custody and failed to consider the intrafamily violence as relevant to the custody determination. The trial court then denied our client’s request for
a transcript at no cost for her appeal, finding that her appeal was frivolous. The firm handled this matter with the Legal
Aid Society of the District of Columbia.
Protector (MVP) Award for 2008 by
The court remanded on the custody decision because the trial judge failed to demonstrate that he attached the kind of
significance to domestic violence offenses that the district law requires.
settling the international custody dispute
The court then ruled in favor of our client on the issue of her entitlement to free transcripts. This issue is one of critical
importance to legal service providers serving indigent clients throughout the district.
recognizes that “[t]he team had the sup-
lawyers: Jessica Ellsworth; Lorane Hebert
GIRLS ROCK! DC
The firm assisted in the establishment of Girls Rock! DC, an organization affiliated with the international Girls Rock
Camp Alliance, which promotes self-esteem through music in young girls’ lives. After drafting the articles of incorporation and bylaws required to secure the organization’s nonprofit status, firm attorneys helped the organization prepare
for its flagship event, a week-long rock ‘n’ roll camp for girls ages eight to 18 in August 2008. During this camp, local
Voices for Children Foundation, Inc. The
award recognizes John O’Sullivan, Shelby
Pasarell Tsai, Miguel Gonzalez, Jose
Talavera, and Olga Garcia for their work
of a five-year-old girl. The award also
port of the entire firm. . . . The law firm
of Hogan & Hartson exemplifies the
notion of total firm commitment
and dedication.”
3
and national recording artists and experts came to Washington, D.C. to teach the girls about self-confidence, the various
roles in a rock band, and how to play musical instruments.
Attorneys from
the Baltimore office, including partner Gil Abramson, were
recognized with an Executive Citation
from the Baltimore County Executive,
James T. Smith, Jr., and with the Herbert
S. Garten Special Project Award from the
Pro Bono Resource Center of Maryland
for their work in developing the Kinship
Care Resource Manual. The American
Bar Association Standing Committee on
Pro Bono and Public Service and the ABA
Center for Pro Bono followed up with a
congratulatory letter, explaining: “Your
vision and your distinguished service to
your community and its poor and underserved inspire us each day in the work
we do.” The firm also received recognition from the Baltimore County
Bar Association.
4
lawyers: Heather Cooper; Cara Dilts; Kevin Greenslade; Rette Lopp
CTIA THE WIRELESS FOUNDATION
The firm assisted in actions to protect registered trademarks held by the CTIA’s Wireless Foundation and its Wireless
AMBER Alerts program, including extensive settlement negotiations toward the discontinuance of ongoing infringing
activities.
lawyers: Mark Brennan; Zenas Choi; Rose Hickman; Kimberly Reindl
BALTIMORE COUNTY, MARYLAND/GRANDPARENTS RIGHTS
In 2008 the firm, along with the Baltimore County Department of Social Services, completed a Kinship Care Resource
Manual. The 107-page manual is a guide for social service professionals who work with grandparents and other kin who
are caring for their families’ children. The manual was distributed to all social service agencies throughout the state
and is being used by social workers, lawyers, and health care personnel to empower kinship care givers, assist them in
asserting their rights, and to obtain the benefits to which they are entitled. Firm lawyers logged more than 600 hours to
complete this project.
lawyer: Gil Abramson
CHILDREN’S RIGHTS COUNCIL
The firm continued to assist the Children’s Rights Council (CRC), an international nonprofit children’s organization with
chapters in 39 states, Washington, D.C., and eight countries, with general corporate matters. Among other matters,
Hogan & Hartson attorneys prepared an updated version of the CRC’s employment handbook and revised the organization’s bylaws.
lawyers: Jim Rosenhauer; Jean Blackerby; Christine Burke; Robert Smith
The firm represents and takes case referrals from many
important nonprofit organizations that make major
contributions to children and families:
• GOOD SHEPHERD CHILDREN’S CENTER
• CHILD CARE COUNCIL OF WESTCHESTER
• FAMILY & CHILDREN’S SERVICES
• FAMILY & CHILD SERVICES
• DEVELOPING FAMILIES CENTER
• CHILD TRENDS
• GUARDIAN AD LITEM WORKING GROUP
• CHILDREN’S ADVOCACY AND FAMILY RESOURCES, INC.
• STARLIGHT STARBRIGHT CHILDREN’S FOUNDATION
• DC CENTER FOR THE DEVELOPMENT AND PROMOTION OF SOCCER
• LACROSSE FOR LIFE
• FRIENDS OF ISRAEL CHILDREN’S MUSEUM
• INTERSTAGES, INC.
• BIG BROTHERS BIG SISTERS OF RUSSIA
• CENTER FOR URBAN FAMILIES, INC.
• GIRL SCOUT COUNCIL OF GREATER NEW YORK, INC.
• SCOUTING ASSOCIATION OF THE REPUBLIC OF POLAND
• SAN MAR CHILDREN’S HOME INC.
• MARIA’S CHILDREN - PELICAN FOUNDATION
• ROCKY MOUNTAIN CHILDREN’S LAW CENTER
• ALLIANCE FOR CHILDREN’S RIGHTS
• SHANGHAI FAMILY
lawyers: Michael Theis; Christopher Murray; Elizabeth Moriarty; Poopak Nourafchan; Laura Ahart;
Maria Canovas; David Toy; Inna Jackson; Bruce Parmley; Michele Backus; Lisa Bonanno; Dean Romhilt;
Michael Steinberg; Rebecca Umhofer; Nneoma Nwogu; Carol Licko; David Isbell; Mark Heimlich;
Liz Roberts; Celine Crowson; Ashley Fields; Henry Kahn; Barbara Roth; Peter Pettibone; Lech Najbauer;
Jiayu Sun; Anthony Basich; Julie Shepard; David Chang; Elizabeth McGuire; Sanjesh Sharma;
Susan Acquista
Individual Clients
Representation of individuals seeking stable and healthy families
is an important part of our pro bono practice.
The firm represents an individual in a lawsuit against the city of Vista in San Diego
County seeking approval of a permit to operate a large family day care home. The case
is part of a project to provide greater access to affordable childcare.
Through the Children’s Law Center, the firm represented a great-aunt in her efforts to
become the permanent guardian of her great-niece and -nephew, who required placement in a family home as a result of their mother’s death and father’s incarceration.
The firm assisted a client in Prince George’s County, Maryland, in adoption proceedings for a special needs foster child who has been living with the family for over a year.
The firm successfully represented this same client in two adoption proceedings in
Washington, D.C. in 2007.
Through the Support Center for Child Advocates, Yarmela Pavlovic serves as the Child
Advocate for two young girls (ages 15 and four) who have been placed into foster care
as a result of neglect and serious sexual abuse. The firm represents their interests in
both family court (foster care-related issues) and criminal court. In 2008 the successful
conviction of the abusing parent was achieved and he was sentenced to nearly 50 years
in jail. Both girls, who are now in a nurturing environment, are eligible to be adopted by
families.
The firm assisted a former foster mother with her petition for guardianship of a mentally
disabled adult with cerebral palsy and seizure disorder for whom she cared as a foster
5
parent for more than five years. The young man had been removed from his biological
father’s home due to neglect.
to accomplish these goals by creating innovative and selective teacher recruitment and
hiring programs, and developing new and better ways to train and certify teachers.
lawyers: Amy Gallegos; Neil O’Hanlon; Allen Hubsch; Clive McClintock; Tom Bulleit;
Elizabeth Fawell; Sarah Reisert; Ann Lichter; Allison Pugsley; Yarmela Pavlovic; Nicole Civita
Hogan & Hartson assists TNTP with a variety of issues in areas such as, corporate,
contract, employment, immigration, tax, and intellectual property. We provide TNTP
with full-service legal advice so that TNTP can focus its time, energy, and resources on
accomplishing its goals.
Education
The firm focuses in its pro bono practice on organizations that
work to provide educational opportunities for children.
WORLD LINKS
The firm drafted agreements for the protection of World Links’ intellectual property.
World Links assists in bringing new technologies, including computers, to education
institutions in developing countries. World Links also provides training and manuals to
help “master” teachers instruct other teachers on using the provided technology.
lawyers: Tarah Grant; Joe Raffetto
THE FLAME TREE INITIATIVE
We assisted with the establishment of The Flame Tree Initiative, a nonprofit 501(c)(3)
organization focused on supporting education in Malawi.
lawyer: Howard Silver
lawyers: Dan Keating; John Borkowski; Nathaniel DeRose; Matthew Frisbee; Ambia Harper;
Shelly McGee; Greg Parisi; Dean Romhilt; Thomas Trucksess; Edward Purdon
LEARNINGSPRING SCHOOL
The firm has provided employment law, corporate, and tax support on several matters
to the LearningSpring School, a private school for autistic children supported by the
Simons Foundation. The firm also represented the foundation in litigation that arose
in connection with the construction of a new school building for LearningSpring in
Manhattan.
lawyers: Michael Kleinerman; Jonathan Marden; Tracey Tiska; Lyndon Tretter; Laura Leitner
EVERGREEN COUNTRY DAY SCHOOL
The firm continues to assist Evergreen Country Day School in its establishment and
operation of an independent school (pre-school through elementary school) and related
facilities in Evergreen, Colorado. We provide advice to the board of directors regarding
general business issues. We also helped with various title, land use, and special district
matters; reviewed architect dispute issues; and advised on bond repurchase issues.
lawyers: Nancy Clodfelter; George Hagerty
THE NEW TEACHER PROJECT
The New Teacher Project (TNTP) is a national nonprofit organization with the goal to
increase the number of outstanding individuals who become public school teachers and
to assist all educators in maximizing their impact on student achievement. TNTP strives
6
MOSCOW SCHOOL OF MANAGEMENT SKOLKOVO
Lawyers from our offices in Moscow, London, and Washington, D.C. continue to provide
the foundational legal work for the establishment of the first world-class business
school in Russia. The Moscow School of Management Skolkovo began teaching execu-
tive education courses in 2008 and the brand new state-of-the-art campus is scheduled
to open in 2009. The firm’s work in 2008 focused primarily on advising on the physical
build-out of the campus, including the information technology infrastructure and formation of endowment and venture funds.
We are proud of our pro bono legal representation of many other
education organizations and entities:
lawyers: John Basnage; Elizabeth Katkin; Kim Reed
• FUND FOR CLASSICAL EDUCATION
THE JEFFREY FOUNDATION
• DOVES - DELIVERING OPPORTUNITIES THROUGH VOCATIONAL EDUCATION
SERVICES
We provided The Jeffrey Foundation, a nonprofit organization that provides early education and after school care for disabled and at risk children in Los Angeles County, with
assistance in updating its employee handbook.
lawyer: Laura Ahart
• NEW NEIGHBORS EDUCATION CENTER
• INNER-CITY SCHOLARSHIP FUND
• PLAY WITH WORDS
• HAMPSTEAD HILL SCHOOL – BALTIMORE
• BRIGHT STAR EARLY LEARNING CENTER
• LEADER’S CHALLENGE
NATIONAL SCHOOL BOARDS ASSOCIATION
AND AMERICAN ASSOCIATION OF SCHOOL
ADMINISTRATORS
• WESTCHESTER RESIDENTIAL OPPORTUNITIES, INC.
The firm submitted amici curiae briefs for the National School Boards Association
(NSBA) and the American Association of School Administrators (AASA) in two
Supreme Court cases during the 2007 term. In a case involving alleged age discrimination in employment, Meacham v. Knolls Atomic Power Laboratory, our brief provided
the Court with context and information on the ways that the decisions of public school
districts, as employers, designed in the interest of providing effective educational leadership and instruction, could have incidental effects on older employees.
• HERZ-JESU SCHULE BERLIN
In a second case, Forest Grove School Dist. v. T.A., the firm urged that the Court accept a petition for certiorari on the issue whether a child must attend public school
before payment for that child’s education can be sought through the Individuals with
Disabilities Education Act for a private school placement. The Court did agree to hear
the case on the merits.
• SUNBRIDGE COLLEGE
lawyers: Andrey Anderson; Gil Abramson; Thomas Leary; Katherine Hance; Ruza Shellaway;
Stephanie Gold; Chris Lott; John Borkowski; Maree Sneed
• AUGUSTA LEVY LEARNING CENTER
• NOMADIC KENYAN CHILDREN’S EDUCATIONAL FUND
• ED POMAR INSTITUTE FOR INNOVATION AND COMMERCIALIZATION
• READING BUDDIES
• GOTHAM SCHOLARS
• BLACK ROCK ELEMENTARY PTO, INC.
• BOOK TRUST
• SHARON K. HARVEY MEMORIAL FOUNDATION, INC.
• WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION
• LAWYERS FOR LITERACY
• PARKMONT SCHOOL
• HOOP DREAMS SCHOLARSHIP FUND
• COLLEGE BOUND
7
• LOWELL SCHOOL
• PTA FOUNDATION SUPPORT – MONTGOMERY COUNTY, MARYLAND
• NEW LEADERS FOR NEW SCHOOLS
• RUDOLF STEINER SCHOOL
• MARY MCDOWELL CENTER FOR LEARNING
• YOKOHAMA INTERNATIONAL SCHOOL
• SING-AKADEMIE ZU BERLIN
• CAPITAL PARTNERS FOR EDUCATION
• INTERNATIONAL LEADERSHIP CHARTER SCHOOL, INC.
• PREPARE THE FUTURE
• ST. COLUMBA’S TRUESDELL EDUCATIONAL PARTNERSHIP
• TEACH FOR AMERICA
• PELIE, INC.
Mentoring
Hogan & Hartson lawyers participate in educational efforts
designed to help promote understanding of the law.
MONTGOMERY COUNTY BUSINESS ROUNDTABLE
Hogan & Hartson attorneys served as mentors to high school students from the
Montgomery County Public Schools in Maryland, and the students attended a forum
sponsored by the Congressional Black Caucus. Firm attorneys helped explain legal
and public policy issues to the students, and assisted them in formulating follow-up
projects.
lawyers: Audrey Anderson; Jeanne Archibald; Donna Boswell; Scott McClure; Kathy Miljanic; Tara
Plochocki; Patrick Rizzi; Ruza Shellaway
• STRIDE
• STEP BY STEP: A SCHOOL FOR AUTISTIC CHILDREN LTD
• JOHN EATON HOME AND SCHOOL ASSOCIATION
• TEACH FIRST DEUTSCHLAND
• REFORMED CHURCH NURSERY SCHOOL
lawyers: Bettina Tugendreich; Valentin Todorow; Austen Hall; John Inge; Wolfram Hertel;
Hanno Timner; Justus Schmidt-Ott Judith Heyn; Mareile Buescher; Judith Miller; Jens-Uwe Hinder;
Jonathan Rees; William Miller; Sarah Dean; David Gibbons; Rebecca Umhofer; Maree Sneed;
Elizabeth Meers; Jennifer Stillerman; Marianne Hallinan; Jason Nelson; Michael Gilliland; Kathleen
Smith; Warren Gorrell; Siobhan Rausch; Carissa Coze; Megan Wang; Alison Chin; Stephanie Gold;
Scott Golden; Brian Diamond; Dane Choe; Christina Hassan; T. Clark Weymouth; Michael Larner;
Anishiya Abrol; Eve Howard; Melissa Bianchi; Olesya Spandau; Adam Feuerstein; Nicole Brown;
Carol Burton; Michael Martensen; Scott Hawranek; Jeffrey Rubin; Deborah Ashford; Toni Michaels;
Ronald Wisor; Christine Burke; David Shuster; Scott Friedman; Cheryl David; Doug Paul
8
ACLU OF COLORADO — BILL OF RIGHTS
PROGRAM
Through the ACLU of Colorado, lawyers in Colorado provide classes for students at
Cheltenham Elementary School on basic issues related to the Bill of Rights.
lawyers: Timothy Aragon; Nicholas Heinke; Jennifer McClister; Chalyse Robinson; David Scott;
B. Seaton Thedinger
N.Y. MENTOR PROGRAM
A team of partners and associates from the firm’s New York office worked with students
from Jane Addams High School to prepare them for a fall moot court competition and
a winter mock trial competition. In the fall, Hogan & Hartson attorneys met weekly with
the New York City high school seniors, helping them understand complex fact patterns
and case law, and teaching them how to craft and present compelling legal arguments.
For the winter competition, the lawyers instructed the students on all aspects of trial
preparation and advocacy, from developing a trial strategy to giving a closing argument.
Attorneys also went to the Bronx High School as guest teachers, leading several classes
on legal issues especially relevant for New York teenagers.
lawyers: Sabrina Cochet; Peter Dennin; John Esmay; Theresa House; Jason Isralowitz; Dena Kaufman;
Mark Kornfeld; Mark Lemire; Zeina Mobassaleh; Aly Simons; Marina Ufaeva; Christine Wagner; Joanna
Wasick; Michael Weiss; Elizabeth Borkin
LEGAL REASONING
Our Washington, D.C. office again hosted a Legal Reasoning class, a program started by
the Washington Lawyers Committee for Civil Rights and Urban Affairs, which is taught
at law firms in the Washington, D.C. area. The program offers disadvantaged students,
who will begin law school in the fall, an opportunity to spend summer evenings engaged in coursework designed to introduce them to basic legal materials and concepts.
Lawyers from various practices and summer associates work in teams to teach the
classes, which conclude with a moot court competition in the litigation center courtroom.
Thurgood Marshall’s Executive Director has repeatedly praised our contributions to
the school. In addition, our November 2008 Law Day session was videotaped and was
presented as part of the Academy’s 2009 Annual Gala.
The firm also has a long-term relationship with Spingarn High School through the
Street Law program. We visit the campus to coach a mock trial team and work with the
students in their mock trials at D.C. Superior Court.
lawyers: Shane Anderson; Jeanne Archibald; Sarah Baker; Emily Cope; Agnes Dover; Aleksandar
Dukic; Jessica Ellsworth; Douglas Fellman; Michael Heyl; Craig Hoover; Sheryl Israel; Sheree Kanner;
Sean Kellman; Linda Oliver; Sarah Olson; Todd Overman; Peter Rohrbach; Jordana Rubel; James
Showen; Jonathan Stoel; Steven Williams; Edward Wilson; Matthew Wood; Danielle Woodlee; Mitch
Lazris; Michael Steinberg
lawyers: Bruce Gilchrist; Todd Piczak; Joseph Suh; Mark Hoogland; William Miller; Wylie Levone
D.C. THURGOOD MARSHALL ACADEMY/STREET
LAW PROJECT
Hogan & Hartson attorneys serve as a unique partner to the Thurgood Marshall
Academy, a charter school located in Anacostia in Southeast Washington, D.C.
Thurgood Marshall’s students live predominantly in Ward 8, which has the lowest
high school and college graduation rates in the district, yet all of Thurgood Marshall’s
seniors have been accepted to college.
In 2008 more than 40 Hogan & Hartson attorneys devoted over 675 hours of pro bono
time to work with Thurgood Marshall’s ninth grade students. The attorneys teamed with
Thurgood Marshall faculty to bring 125 ninth graders to Hogan & Hartson for monthly
Law Day sessions. In these sessions, attorneys instructed the students on legal issues,
civics, and other important topics. Attorneys also visited Thurgood Marshall to tutor
individual students and to provide guidance on college admissions.
9
Individual
rights
Civil Rights
NAACP BRANCH OF MARYLAND / I-95
Firm attorneys, working with the American Civil Liberties Union (ACLU) and the Maryland ACLU, reached a landmark
settlement on behalf of six drivers who were racially profiled and subjected to unwarranted searches along Interstate 95
in Maryland by troopers with the Maryland State Police.
The settlement, which was approved by the Maryland Board of Public Works in April 2008, totals $400,000, including a
$300,000 payment by the state of Maryland for damages and legal costs. It also requires the Maryland State Police to
pay up to $100,000 to retain a jointly-approved independent police practices consultant to assess how the state police have implemented policy and practice changes to address concerns about racial profiling and to identify ongoing
deficiencies in training and implementation of race-neutral policies. The consultant will make recommendations to the
Superintendent of the Maryland State Police which cannot be rejected without reasonable cause.
“More than 12 years after being wrongfully pulled over, harassed, and humiliated on I-95 in Maryland, I can finally tell my
son that justice is possible when your rights have been violated in America,” said Gary Rodwell, a plaintiff in the lawsuit.
“This long chapter in our lives is over, but if this settlement prevents someone else from being targeted based on race, it
was worth it.”
The lawsuit was originally filed in 1998 by the ACLU of Maryland and The ACLU’s Racial Justice Program, on behalf
of individual plaintiffs and the Maryland State Conference of NAACP Branches. In 2005 attorneys from the Baltimore
and Washington, D.C. offices assumed the lead in the litigation on behalf of the plaintiffs on a pro bono basis. The
Hogan & Hartson team donated more than 5,200 hours handling this case; altogether more than 40 lawyers from the
firm contributed.
The Baltimore office
and former associate
Ann Oxenham won a
Pacesetter Award from
the Baltimore Legal
Aid Bureau.
lawyers: Therese Goldsmith; Peter Lallas; Ann Oxenham; Martin Price; Virginia Vance; Allison Stanton; Allison Caplis
GARDEN CITY HOUSING
The fight for affordable housing in Nassau County, New York continued full throttle in 2008. The case, filed on behalf
of individual residents of Nassau County seeking to live in Garden City, centers around alleged racially-discriminatory
practices employed in the rezoning of a county-owned parcel of land located in Garden City. Following the resolution
of various key privilege issues at the end of 2007, Hogan & Hartson attorneys proceeded to take or defend more than
a dozen depositions in the case, including depositions of officials from Defendants Nassau County and Garden City,
11
and successfully argued two motions to compel before the United States Magistrate
Judge. The year culminated with extensive expert discovery, including depositions of five
experts. We have begun to prepare for trial.
lawyers: Paul Sweeney; Stanley Brown; Neal Bradenburg; Peter Dennin; Toby Smith; Andrew Sein;
Asheley Dean; Ashley Dobbs; Bety Javidzad; Michael Sevi; Renee Garcia; Sabrina Cochet; Shehzad
Niazi; Zeina Mobassaleh
MOORE V. CHERTOFF
In 2008 we continued our representation of African-American Secret Service agents in
a Title VII employment discrimination lawsuit against the U.S. Secret Service, alleging
race discrimination in promotions to managerial positions. After a sixteen-day evidentiary hearing and oral argument on serious discovery issues, Hogan & Hartson attorneys and co-counsel succeeded in obtaining a ruling from a United States Magistrate
Judge in favor of our clients that enters severe sanctions against the agency for its willful
non-compliance with federal discovery rules and court orders. The order provides that
after the plaintiffs meet an initial burden of demonstrating discrimination at trial, the
agency will be prohibited from putting on its own evidence in defense.
lawyers: Des Hogan; Melissa Henke; William Pridgen; Ashley Fields; Liz Book; Erica Knievel; Jordana
Rubel; Michael Sevi; Sarah Dean; Sarah Olson; Tom Widor
ACLU PASSPORT LITIGATION
In September 2008 the firm joined with the ACLU, the ACLU of Texas, and Refugio del
Rio Grande to file a federal class action on behalf of nine American citizens challenging
the U.S. Department of State’s refusal to issue them passports because of their race
and ancestry and because their births were attended by midwives. In less than a year,
we achieved a favorable settlement. The lawsuit charged that the State Department categorically questions the citizenship of virtually all midwife-delivered Mexican-Americans
born in southern border states. The plaintiffs include military veterans and others
whose U.S. citizenry has been accepted by the government for other purposes. Although
midwifery has been a common practice for more than a century, particularly in rural and
other traditionally underserved communities, the State Department imposed insur-
12
mountable hurdles on midwife-delivered Latinos to prove their citizenship and eligibility
for U.S. passports, including requests for extensive documentation that normally is not
required and that may not even exist in a particular case. Even after many applicants in
the plaintiff class supply further proof of their citizenship, the department has responded by summarily closing their applications.
The settlement with the Department of State, approved by a federal court on August 18,
2009, provides greater fairness and transparency to the practices for issuing passports
to U.S. citizens whose births were attended by midwives in Texas.
lawyers: Adam Levin; David Weiner; Jordana Rubel; Veronica Yepez; Melissa Henke; Elizabeth King;
Sarah Olson; Tom Widor; Todd Overman; Todd Ptak
Fair Treatment for prisoner
In Denver, the United States District Court for the District of Colorado ruled in favor
of a CSD client and former prisoner on a Section 1983 claim in a case against Larimer
County, Colorado prison guards. Denver litigators convinced the court that a claim
based on the strapping of the client to a restraint chair for over 19 hours involved cruel
and unusual punishment and deliberate indifference to the client’s constitutional rights.
The court awarded $10,000 in damages.
lawyers: Andrew Lillie; Anna Edgar; Cynthia Mitchell; Tamera Westerberg
CONNECTICUT CAMPAIGN FINANCE
The firm serves as co-counsel, along with the Brennan Center for Justice, for four
intervenors (including the Connecticut affiliates of Common Cause and Citizen Action
Group) seeking to defend the constitutionality of the campaign finance reform laws
enacted by the state of Connecticut in response to a series of corruption scandals in
that state that led to the conviction of the former Governor. The new state laws include
a system of public financing of state election campaigns, and absolute prohibitions on
political contributions (and solicitation of contributions) by lobbyists, state contractors,
and their families, to candidates for most state offices. Two federal lawsuits, now consolidated in the District of Connecticut, challenge the ban on political contributions and
solicitation by lobbyists and contractors as a violation of their First Amendment rights,
and challenge the public financing scheme as discriminating against minor parties.
During 2008, we took a leading role in briefing and arguing the constitutionality of the
challenged state statutes. On December 19, 2008, the District Court issued a 98-page
opinion upholding in all respects the constitutionality of the State’s prohibitions of
contributions and solicitation of contributions by lobbyists, contractors, and their families. Plaintiffs have appealed that decision to the U.S. Court of Appeals for the Second
Circuit. On December 9 and 10, 2008, the District Court — after extensive briefing and
discovery — held a bench trial regarding the constitutionality of the public financing
aspects of the state law.
lawyers: Ira Feinberg; David Dunn; Larry Brocchini; Ben Holt
ELECTION PROTECTION
The Miami office organized and hosted the Lawyers’ Committee Election Protection
hotline for Miami-Dade County. This involved coordination with the national hotline and
local non-partisan advocacy groups. The phone bank responded to hundreds of voter
calls, assisting voters in Miami-Dade County and throughout Florida in order to ensure
the right to vote. In addition to manning the phone lines, firm attorneys coordinated
with volunteers in the field and at the Supervisor of Elections office in order to solve
problems for voters during the course of election day. Follow-up with local elections officials was planned in order to benefit from lessons learned on election day.
Firm lawyers all over the United States served as volunteers on Election Protection
hotlines and at polling places to help assure fair and full participation by qualified voters
on election day.
lawyers: Laura Besvinick; Shane Anderson; Natalie Barefoot; William Bennett; Briana Black; John
Borkowski; Luca Bronzi; Jaime Chase; Dane Choe; Russell DeClerck; Ethan Glickstein; Maureen Hanlon;
Lillian Hardy; Nicholas Heinke; Allen Hicks; Henry Kahn; Michael Levinson; Christopher Lott; Scott
Loughlin; Daniel Meade; Jorge Medina; Shehzad Niazi; Julia Padierna-Peralta; Marc Samuel; Mina
Simhai; Shelita Stewart; Christine Varney; Kevin Vold; Genevieve Wachtell; Robert Malkin; Joanna
Wasick; Jennifer Wagman; Gordon Wilson; Sarah Zinn
NAACP ­— LDF RICHMOND LITIGATION
Hogan & Hartson drafted an amicus brief on behalf of the NAACP Legal Defense and
Educational Fund, Inc., in Richmond v. District Court of Maryland, a class action challenging the city of Baltimore’s practice of failing to provide indigent defendants with
legal counsel when they first appear before the Circuit Court of Baltimore City. The brief
argues that the initial appearance of a criminal defendant before the court in Baltimore
triggers the obligation to appoint counsel under Maryland state statute, as well as the
U.S. Constitution and the Maryland Declaration of Rights, and emphasizes that AfricanAmericans are disproportionately and detrimentally affected by the failure of Baltimore
to appoint counsel at the commencement of criminal proceedings. While AfricanAmericans comprise 64 percent of Baltimore’s population, they make up 87 percent
of defendants held in pre-trial detention facilities. Due to income disparities, AfricanAmericans are more likely to languish pre-trial in jail and, unable to afford proper representation, rely heavily on state appointed counsel.
lawyers: Joshua Civin; Andrea Trento
PIGFORD V. GLICKMAN/CLASS ACTION
SETTLEMENT
In 2001 Hogan & Hartson responded to a request by the U.S. District Court for the
District of Columbia that members of the D.C. Bar undertake representation of individual African-American farmers seeking to establish their rights to participate in a class
action discrimination settlement reached with the U.S. Department of Agriculture in
Pigford v. Glickman, the largest civil rights case in history. We coordinated and monitored the pro bono efforts of 13 law firms to bring direct legal service to more than 400
African-American farmers and their families. Decisions of the monitor are being issued
on requests by the individual African-American farmers who were initially deemed not
eligible for the settlement, seeking re-examination of their claims or other relief. During
2008, the firm received favorable orders granting relief upon re-examination to four
clients.
13
FAMILY REAL ESTATE MATTER
The firm represented a family in Germany concerning issues raised by the law governing property in Berlin that was
located in the former East Germany. Firm attorneys worked to reach a practical solution and negotiated a settlement
agreement with authorities regarding the compensation for the real estate formerly owned by the family. Authorities accepted the firm’s proposal.
lawyers: Christoph-David Munding; Wolfram Hertel
The firm ranked in the top 15 on
The American Lawyer’s 2008
Pro Bono Report. Each ranking
was based on the firm’s prior year
WASHINGTON LAWYERS COMMITTEE HATE CRIMES MANUAL
The firm worked all year during 2008 on a comprehensive update to a 50-state summary of hate crimes remedies
throughout the United States for the Washington Lawyers Committee for Civil Rights and Urban Affairs.
lawyers: C. Alex Bahn; Julie Bell; Scott Clark; Sarah Fleisch; Amanda Krohn; Lynda Marshall; Kyle McNamara; Mark Frederick Moon;
Takashi Okuda; Sanjesh Sharma; Joseph Suh; Sharon Tasman; Ed Aro
pro bono achievements and was
FORCE DURING ARREST
determined by per capita hours
A Miami team negotiated a very favorable settlement for our client in a federal court police brutality case. The case arose
out of the arrest of our client, who had readily submitted to arrest without violence, but was allegedly beaten — while
handcuffed — for more than 20 minutes by Indian River sheriffs in their purported attempt to extract drugs from his
mouth. After the incident, for which he was not charged with any violence, he was left with multiple contusions, lacerations, and at least two broken ribs. In a strong ruling, the Eleventh Circuit affirmed the denial of summary judgment
sought by the five sheriffs. Firm attorneys negotiated a favorable settlement on the client’s behalf in a mediation of the
case.
and the number of firm lawyers
who devoted at least 20 hours of
pro bono service.
lawyers: Richard Lorenzo; Al Lindsay
FREEDOM NOW
Through Freedom Now, co-founded by Washington D.C. partner Jeremy Zucker, the firm investigated various potential
cases of prisoners of conscience and undertook new cases. We also continued our representation of Dr. Oscar Elias
Biscet, a Cuban human rights advocate unjustly imprisoned in Cuba. Our attorneys accompanied Dr. Biscet’s wife, Elsa,
during her meetings with senior Administration officials and foreign ambassadors in Washington D.C., conducted out-
14
reach to foreign governments, and submitted a report to the United Nations Human
Rights Council for its 2009 review of the human rights record of the current Cuban
regime.
lawyers: Jeremy Zucker; Erica Mintzer
TAYLOR RANCH
The firm represented individual landowners involved in litigation regarding access to
a large tract of land in southern Colorado known as the Taylor Ranch. The Colorado
Supreme Court has ruled that members of a class of landowners in the area are entitled
to access to the Taylor Ranch for the purposes of subsistence livestock grazing, timber
harvest, and firewood gathering, based on implied and express easements granted to
their predecessors in interest during the 1800s. However, the court has barred a subset
of those landowners from accessing the Taylor Ranch based on the doctrine of res
judicata, because their predecessors in interest purportedly were named and served
in a prior federal court proceeding concerning the same matter. The firm represented
two families of these landowners in hearings and briefing to challenge the court’s res
judicata rulings.
lawyers: Danielle DiMauro; Tamera Westerberg
LAMBDA LEGAL
The firm assisted Lambda Legal on various legal issues arising in connection with family
law matters.
lawyers: Allen Drexel; Dennis Mendoza Quinio; Michael Weiss
VOTING RIGHTS
The firm prepared a brief amici curiae on behalf of two former State Supreme Court
Justices in a case before the U.S. Supreme Court. In Riley v. Kennedy, 553 U.S. __
(2008), the firm filed an amici brief on behalf of Charles Fried — a former Justice of the
Massachusetts Supreme Judicial Court and current Harvard Law School professor —
and Thomas R. Phillips, a former Chief Justice of the Texas Supreme Court. The brief
was filed in support of the Governor of Alabama and argued that, for reasons of federalism and state sovereignty, Section 5 of the Voting Rights Act should not be construed
to require the Justice Department’s “pre-clearance” of state court decisions relating to
voting. The Supreme Court, in a 7-2 decision, sided with the Governor.
lawyer: Chris Bartolomucci
The firm provides pro bono help directly to many organizations
that support the struggle for civil rights and justice:
• ASSOCIATION FOR WOMENS RIGHTS
• ANTI-DEFAMATION LEAGUE
• FCC ADVISORY COMMITTEE ON DIVERSITY
• ADVANCEMENT PROJECT
• NATIONAL WOMEN’S LAW CENTER
• NATIONAL CENTER FOR LAW AND ECONOMIC JUSTICE
lawyers: Carol Weld King; Anna Kouba; William Neff; Eric Baim; Stuart Langbein; John Murphy;
Sarah Wang; Marcia Wiss; Marianne Hallinan
Criminal Justice
RIGHT TO COUNSEL
In January 2008 the firm filed an amicus brief in a high-profile criminal appeal (United
States v. Stein) involving the government’s prosecution of 13 former employees of
KPMG for their involvement in the sale of allegedly fraudulent tax shelters to wealthy
individuals, in what the government characterized as the largest criminal tax fraud
prosecution in American history. The district court held that the government improperly
exerted pressure on KPMG to cut off the payment of attorneys’ fees to these former employees, in violation of the defendants’ Sixth Amendment rights. The amicus brief was
15
filed on behalf of 17 former United States Attorneys and Criminal Division Chiefs from
within the Second Circuit, arguing that there was no valid law enforcement purpose
served by the Justice Department’s policy of pressuring corporations to stop payment of
attorneys’ fees for employees under investigation or indictment. The Second Circuit affirmed the district court’s decision, holding that the government’s conduct had deprived
the defendants of their Sixth Amendment rights and that the district court’s dismissal of
the indictment was the proper remedy.
lawyer: Ira Feinberg
PRISONER ASSISTANCE
Firm attorneys represented Steven Edwards, an inmate at Maryland’s Patuxent
Correctional Facility, on two fronts in 2008. In April 2008 firm attorneys prepared
and filed with the office of Governor Martin O’Malley a Petition for Commutation of
Sentence, in an effort to reduce Mr. Edwards’ sentence to the range actually intended by
the sentencing court, which, for jurisdictional reasons, the court was unable to impose.
Hogan & Hartson worked on coordinating a broad base of support for Mr. Edwards and
the relief requested, and firm attorneys met with members of various legislative groups
in Maryland in an effort to obtain their support, as well. We also assist Mr. Edwards with
intellectual property issues. Mr. Edwards is a self-taught computer programmer who
has written several computer programs, including programs for inmate administration,
education, and video games. The firm has been assisting Mr. Edwards with gaining
copyright protection for the various software programs.
lawyers: Walter Stillwell; Hank Young
INDIGENT DEFENSE
Manitou Springs, near Colorado Springs, Colorado does not have a public defender.
Therefore, the firm is occasionally appointed to represent persons who cannot afford
counsel. We were appointed to represent a man charged with resisting arrest and
impeding a criminal investigation. After some investigation by Hogan & Hartson attorneys, the charges were determined to be false. The criminal charges, although misde-
16
meanors, were of concern as our client did not want to lose custody of his children as a
result of a conviction. After a bench trial, our client was found not guilty on all charges.
lawyers: Erin Jensen; John Cook; Scott Hawranek
PHYSICIANS FOR HUMAN RIGHTS
Hogan & Hartson prepared an amicus brief on behalf of the Physicians for Human
Rights in a case before the North Carolina Supreme Court. The case involves an appeal
by the North Carolina State Medical Board of a trial court decision holding that the
board lacks authority to enforce its position prohibiting physicians from assisting in
state executions.
lawyers: Logan Breed; Carl Chiappa
SUPREME COURT PETITION
The firm prepared a petition for certiorari to the U.S. Supreme Court on behalf of inmate
Roger Dale Lewis who is currently serving a 20 year prison sentence. The petition focused on the reliance on jail house informant testimony. The court denied the petition.
lawyers: Chris Handman; Jessica Ellsworth
MID-ATLANTIC INNOCENCE PROJECT — DNA
Hogan & Hartson assisted the Mid-Atlantic Innocence Project (MAIP) in developments
related to DNA testing relevant to the convictions of felons in Virginia. In 2005 thenVirginia Governor Mark Warner ordered examination of felony case files from 1973
through 1988 and testing of biological evidence that had been preserved in those files
by a state forensic serologist. DNA testing of such biological evidence had not been well
developed at the time those cases were brought, but forensic scientists now are able to
test and analyze such material routinely. The case files involve at least 941 convicted defendants, and the test results are becoming available. We help to coordinate and assist
in locating persons entitled to the test results, including review of case files, interviews,
and research. As the process continues, we expect to assist individuals who receive their
test result by letter and who contact MAIP to seek help in analyzing the significance of
their test results.
MUNAF — OMAR AMICUS BRIEF
Hogan & Hartson filed an amici curiae brief in the U.S. Supreme Court for the
Constitution Project and the Rutherford Institute in support of the petitioners in Omar
and Munaf v. Geren. Our clients joined the petitioners in challenging the asserted
unavailability of the writ of habeas corpus to American citizens detained outside of
the United States by multinational forces led by the United States. The Supreme Court
agreed, unanimously, with our clients’ position that the federal courts have jurisdiction
over such petitions.
PUBLIC DEFENDER BENNETT BRUMMER
Lawyers with the Miami office took a significant step forward for the Miami-Dade
Public Defender in September 2008, when a Miami-Dade judge ruled that the Public
Defender’s Office can refrain from taking a large category of new felony cases because it
is overburdened.
At a two-day evidentiary hearing, Hogan & Hartson lawyers demonstrated that funding
cuts have rendered the Public Defender unable legally or ethically to continue to take all
non-capital felony cases without compromising the indigent defendants’ constitutional
rights and meaningful representation of the accused.
lawyers: Christopher Handman; Michael Sevi; Paul Werner
This matter has been closely scrutinized both in Florida and nationally as it advances
through the Florida appellate courts. If approved on appeal, it will likely become the
model for public defenders around the country seeking to ensure their clients’ constitutional rights are protected in the face of declining budgets.
DEATH PENALTY REPRESENTATIONS
lawyers: Al Lindsay; Julie Nevins; Parker Thomson; Matthew Bray
The firm continued our nearly 20-year representation of Florida death row inmate John
Ferguson. After a federal district court denied both Mr. Ferguson’s motion to stay
proceedings due to his incompetence and his federal habeas corpus petition, the firm
successfully sought a certificate of appealability and briefed 22 separate issues to the
U.S. Court of Appeals for the Eleventh Circuit.
William Thomas Zeigler was sentenced to death in 1976 in Florida for the murders
of his wife, parents-in-law, and a fourth person. In an effort to free Mr. Zeigler from
death row, we have been engaged in Florida proceedings challenging the denial of Mr.
Zeigler’s motion to vacate his convictions by the Circuit Court of Orange County. The
motion to vacate is based on newly available evidence, including DNA test results, that
has come to light since the original trial and that tends to contradict the state’s case
and corroborate Mr. Zeigler’s claim of innocence. Our efforts on behalf of Mr. Zeigler
continued during 2008.
lawyers: Christopher Handman; Sarah Olson; E. Barrett Prettyman, Jr.; Chris Rowan; Cate Stetson;
Dennis Tracey: Maria Ramirez; Pat Brannan; Mark Cheskin
CONSTITUTION PROJECT — TRANSITION
A large Hogan & Hartson team was responsible for the coordination, research, editing, and production of the Constitution Project’s transition paper, “Smart on Crime:
Recommendations for the Next Administration and Congress,” which can be accessed
at www.2009transition.org/criminaljustice. The Constitution Project convened leaders
and experts from all parts of the criminal justice community, who spent months collaboratively identifying key issues and gathering policy advice into one comprehensive set
of recommendations for the new administration and Congress.
lawyers: Melissa Henke; Elizabeth King; David Snyder; Sarah Olson
CHRIS MCNAIR
Firm attorneys prepared a petition and memorandum to the counsel to then-President
George W. Bush on behalf of Jewell “Chris” McNair requesting a commutation of his
federal prison sentence and relief from a large restitution imposed at sentencing.
17
Mr. McNair was convicted on counts related to conspiracy to take a bribe in his position as County Commissioner in
Jefferson County, Alabama. Mr. McNair is now 83 years old, and was the father of one of the girls killed in the 16th Street
Baptist Church bombing in Birmingham in 1963. He has been a pillar of the community in quietly supporting the civil
rights effort through his photography business. The basis for Mr. McNair’s petition lies in his advanced age, failing
health, previous record of integrity and public service, and lifetime commitment to the civil rights cause. The petition
was not acted on when President Bush left office.
lawyers: Mike House; Chris Bartolomucci; Adam Bitter
In 2008, 13 associates in
the New York office were
named
Empire
State
Counsel by the New York
State Bar Association
for providing at least 50
hours of pro bono legal
services in 2007.
DEREK TICE (NORFOLK 4)
The firm’s long-standing commitment to fairness and integrity in the criminal justice process has produced some of our
largest and most important representations.
We continue to seek justice for Derek Tice, a prisoner in Virginia sentenced to two life sentences without possibility of
parole. Mr. Tice was convicted of a 1997 rape and murder that evidence, including DNA evidence, overwhelmingly shows
he did not commit. Working with two other major law firms, we succeeded in convincing Virginia Governor Timothy
Kaine to grant conditional clemency for Mr. Tice and two other Navy seamen, Joseph Dick, Jr., and Danial Williams, who
were also wrongfully convicted for the same crime. The three men walked free from prison on August 6, 2009. We continue to work toward having Mr. Tice’s name cleared completely.
lawyers: Des Hogan; Melissa Henke; Audrey Anderson; Nancy Granese (Senior Governmental Affairs Advisor); Ted Ellett; Andrew Ertley;
Ashley Dobbs; Magdalena Grossman
REPATRIATION PETITION
The firm represents Jens Soering, an inmate at the Brunswick Correctional Institute in Virginia, in his efforts to be
repatriated to his native country of Germany. More than 20 years ago, Mr. Soering was convicted for the murder of his
girlfriend’s parents and sentenced to two life sentences. He has achieved an unblemished record in prison, has published four books in the United States, and has published his first book in Germany. At the time of the crimes, Soering,
the son of a German diplomat, was in the United States as a student. He seeks to return to Germany to continue his
rehabilitation.
lawyers: Pat Brannan; Ashley Dobbs; Melissa Henke; Elizabeth King; Sarah Mengers; Michael Sevi; Christian Ulrich; Chris Zaetta
18
PRISONER HEALTH
The firm represents a federal inmate serving time for a non-violent drug offense in an administrative appeal and in
negotiations with the Federal Bureau of Prisons to get him medical treatment for vision loss and chronic pain caused
by a serious neurological condition called Complex Regional Pain Syndrome. Before he was incarcerated, our client took
certain prescribed medications to alleviate his pain. However, once incarcerated, the prison refused to prescribe him
those medications. The client appealed the prison’s decision to deny him his prescribed medications and, despite a
denial of that appeal, through additional negotiations with the bureau and the medical staff, the firm was able to obtain
proper medication and treatment for both the client’s vision loss and chronic pain.
The Washington, D.C.
lawyers: Ray Reduque; Michelle Kisloff
office was named a 40 at
Refuge in a
Safe Place
50 firm by the Pro Bono
Committee of the Federal
The firm has worked in many different forums, in dozens of cases, to help persons from
all over the world find safe and appropriate refuge and fair treatment in immigration
processes and in their new homes.
Columbia
Courts for the District of
because
more
than 40 percent of its law-
BALTIMORE DAY WORKERS
yers
achieved
at
least
The firm has been engaged in the representation of Latino workers in removal proceedings, where they face allegations
that they unlawfully entered the United States. The firm has worked hard to expose the circumstances surrounding their
detentions, which included deliberate racial profiling. In 2008 the firm was able to secure a victory before the Board of
Immigration Appeals on behalf of one of these men. In addition, the firm has continued to raise important issues associated with the detentions of these men before the Immigration Court and the Board of Immigration Appeals.
50 hours of pro bono work
during the previous year.
lawyers: Brian Janovitz; Melissa Henke; Michael Sevi; Ashley Dobbs; Paul Virtue
19
REMOVAL PROCEEDINGS
UNITING FAMILIES
The firm represented three brothers, ages 13, 16, and 19, from Sierra Leone who are
presently in removal proceedings. The three brothers were placed in removal proceedings because they entered the United States as conditional permanent residents, but
failed to appear at a required interview with their stepmother so that the conditions
on their residence could be removed. In July 2008 we filed I-360 petitions with United
States Citizenship and Immigration Services for the two younger brothers to be classified as special immigrant juveniles. Those petitions were approved in December 2008
and the two younger brothers now have a basis on which to apply for lawful permanent
residence (“green cards”). With regard to the oldest brother, we are working to have his
removal proceedings terminated on the basis that he should have been granted unconditional lawful permanent residence when he initially entered the United States because,
under the immigration laws, he qualified as the child of a U.S. citizen.
The firm assisted a client from Rwanda who was granted permanent resident status.
For another client from Rwanda for whom we won asylum in early 2008, firm attorneys
obtained derivative status for her two eligible children, who she had to leave behind in
Rwanda. They are now with her here in the United States.
lawyers: Karin Larson; Paul Virtue; Adrienne Wineholt
IRAQI ASYLUM
This case was remanded from the Board of Immigration Appeals to the Immigration
Court based on an order from the Fourth Circuit and a statute which Congress passed
specifically to help Iraqi asylum seekers who were denied asylum on the basis of
changed country conditions (the Iraqi Refugee Crisis Act).
lawyers: Jessica Ellsworth; Ryan Wilson
REFUGE FROM GANG VIOLENCE
The firm has appealed to the Board of Immigration Appeals a rejection of an asylum
petition for a young man from Guatemala who fled from his home country in an effort
to escape the threat of death and torture at the hands of a brutal international gang. We
have argued that asylum is appropriate under the governing law because there was a
threat particular to him of violence by the gang.
lawyers: James Tysse; Nneoma Nwogu; Adam Bitter; Elizabeth King; Paul Virtue
20
lawyers: Todd Piczak; Joseph W. Ryan, III
U.S. CITIZENSHIP
In August 2008 the firm obtained U.S. citizenship for a client who is an avid pilot and
well-known flight trainer in St. Louis, Missouri. Our client applied for citizenship several
years ago to become eligible to apply for a federal government job with the Federal
Aviation Administration. After his citizenship application languished, the firm filed a
lawsuit on his behalf to obtain U.S. citizenship. Shortly after the lawsuit was filed, the
government approved the citizenship application, and he was naturalized during a
ceremony in August 2008.
lawyers: Adam Levin; Jim Black; Paul Virtue
DAY LABORER WAGES
Hogan & Hartson, in conjunction with the Asian American Legal Defense and
Education Fund (AALDEF), represented a group of 10 day laborers against a construction company, Kiko Construction, and its owners, for wages withheld unlawfully from
the day laborers. In February 2008 the clients filed a complaint in the Southern District
of New York. The filing of the case was covered by the local New York Korean television
and newspapers. In August 2008 Judge Batts awarded a default judgment for plaintiffs
against the defendants for more than $61,000.
lawyers: Dillon Kim; Toby Smith
TAHIRIH JUSTICE CENTER AND LEGAL AID FOUNDATION OF
LOS ANGELES
The firm regularly takes cases involving victims of domestic violence who need particular help with the impact that separation from an abuser may have on immigration status. The firm worked with a client from El Salvador who is seeking a
U-Visa and to help her children obtain supplemental visas. The client has suffered substantial physical and mental abuse
resulting from criminal activity.
lawyers: Maria Garton; Rose Hickman Rigole; Marc Bozeman
The firm appreciates the efforts of the many firm lawyers who helped clients during 2008
in asylum and other immigration matters.
lawyers: Dante Deliso; Sherri Catalano; James Edward Tysse; Natalia Kaden; Nichelle Johnson Billips; Meredith Capps; Helaine Perlman;
Carlos Siso; Miguel Zaldivar; Bernd Beckmann; Ajay Kuntamukkala; Annalise Nelson
The firm provides pro bono help to organizations that support persons needing
international refuge and safety:
• REALIZING RIGHTS
• URGENT ACTION FUND FOR WOMEN’S HUMAN RIGHTS
• FIVE FREEDOMS PROJECT
• HUMAN RIGHTS FIRST
Northern Virginia
partner Tim Lyden was
honored as the Pro Bono
Lawyer of the Year by the
Fairfax Bar Association.
lawyers: Joseph Hassett; Bob Kapp; Scott Lilienthal; Mike Cheroutes; Timothy Lloyd; Jonathan McKernan
21
Global
presence
INTERNATIONAL SENIOR LAWYERS PROJECT
The firm continues to play an active role in the leadership of the International Senior Lawyers Project (ISLP), especially
with respect to human rights and economic development issues. In addition, the firm is outside general counsel to ISLP.
Much of the firm’s work in Liberia as well as other international representations is coordinated through ISLP.
lawyers: Joe Bell; Michael Cheroutes; Robert Kapp; Alina Zagaytova; Lori Sostowski
ISLP/LIBERIA HEALTH CARE
Through the ISLP, the firm continues to work with the Liberian Ministry of Health and Social Welfare in its effort to
establish an Office of General Counsel within the Ministry, and to assist in developing proposed statutes and regulations
governing the entire health and social welfare system. As part of this effort in 2008, one of our lawyers spent a month
in Liberia mentoring the first-ever inside counsel at the Ministry, who had been hired only a few days before. Our work
in 2008 included advising on a code of conduct for ministry employees, a proposed new adoption law, and a contract
template for partnerships with NGOs.
lawyers: Darrel Grinstead; Cara Dilts; Robert Leibenluft
ISLP/LIBERIA CONTRACT REVIEW
Through the ISLP, Hogan & Hartson continues for a third year to assist President Sirleaf and the Liberian government in
the negotiation of its most important concession agreements in the agricultural and mineral sectors. These include the
Firestone rubber plantation agreement finalized in February 2008 and Bong iron ore agreement with China Union which
was completed in January 2009. The Firestone rubber plantation is the largest single employer in Liberia. The China
Union investment in Bong, if both phases are completed, is expected to total $2.5 billion and will be the largest single
investment in the country. In addition to increased revenues, both agreements provide for important and expanded social benefits. In conjunction with the agreements, the firm also continues to provide advice with respect to tax and other
policy issues affecting the agricultural and mining sectors. The firm also is heavily involved in renegotiating the shipping
registry agreement. These and other agreements being negotiated and the development of the agricultural and mineral
sectors are critical parts of the country’s recovery from 25 years of civil strife and destruction.
Washington, D.C.
partner Joe Bell received
a volunteer award from
Volunteers for Economic
Growth Alliance (VEGA) for
his extensive pro bono efforts
in assisting the government
of Liberia on issues important to that nation’s development and management
of natural resources.
lawyers: Joe Bell; Katherine Brown; Daniel Davidson; Bruce Gilchrist; Lori Sostowski; Sally Soubra; Gideon Maltz; Christian Ulrich; Nneoma
Nwogu; William Yavinsky
23
ISLP/LIBERIA BUCHANAN
RWANDA ENERGY
Through the ISLP, Hogan & Hartson lawyers advised the government of Liberia on the
drafting and negotiation of a concession agreement and 25-year power purchase agreement for a 35 MW biomass power project in Kakata, Liberia and associated 56 km transmission line from Kakata to Monrovia, to be developed, constructed, and operated by
Buchanan Renewable (Monrovia) Power Inc. This is the first independent power project
in Liberia and, when completed, will triple the installed generating capacity of Liberia.
The project will be financed by a 24-year loan from the Overseas Private Investment
Corporation, and supported by an innovative industry-wide escrow and security arrangement for the collection and distribution of electricity revenues to sector participants.
Hogan & Hartson continued to represent the government of Rwanda in negotiations
toward an agreement with ContourGlobal Kivuwatt Ltd to develop an integrated gas
extraction and electricity generation facility to provide natural gas fired electricity to
Rwanda and the East African Region. The project will extract methane from the depths
of Lake Kivu, a deep water lake located on the border of Rwanda and the Democratic
Republic of Congo. The project holds the prospect of helping Rwanda overcome a severe electricity shortage that has inhibited its economic growth and led to deforestation
in the Lake Kivu region.
The agreements were drafted and negotiated in Washington and Monrovia in 2008 and
presented to President Ellen Johnson-Sirleaf for approval in January 2009. We worked
with Dr. Eugene Shannon, Minister of Lands, Mines, and Energy; Dr. Richard Tolbert,
Chairman of the National Investment Commission; and Christopher Neyor, Special
Adviser to the President, to finalize the agreements for approval.
lawyers: Jay Gede; Marisa McCurdy
ATLANTIC INITIATIVE
We assisted with the establishment and application for tax-exempt status of a U.S.based public charity, the Atlantic Initiative, that functions as a global think tank.
lawyers: Keith Larson; Jim Morin
lawyers: Friedrich Schöne; Howard Silver
REVENUE WATCH INSTITUTE
PUBLIC INTEREST LAW INSTITUTE
Through the Revenue Watch Institute, the firm continues to provide advice to civil society and governments in developing economies regarding the management of natural
resource revenues, particularly with respect to fiscal issues. This has included ongoing
policy and legal analysis to civil society organizations, the parliament, and the government in Mongolia with respect to fiscal and contract issues relating to the development
of a potential world-class copper and gold mine that could account for a significant part
of the country’s future revenues.
Hogan & Hartson continued to support the efforts of the Public Interest Law Institute
(PILI) toward developing pro bono opportunities in Europe and clearinghouses for pro
bono work around the world. The firm was a sponsor of the Second European Pro Bono
Forum in Budapest in November 2008. We also assisted PILI with some of its legal issues as an NGO operating in many countries around the world.
In addition, Hogan & Hartson has been working with leading academics and the
Executive Director of Revenue Watch in the development of a “Resource Charter” intended to provide guidelines to resource-dependent countries regarding best practices
through the entire chain from extraction to expenditures of resource revenues.
lawyer: Joe Bell
24
lawyers: Dmitry Artyunin; Michael Cheroutes; Roman Kolpakov; Kim Reed; Dmitry Zhdanov;
Alexei Shmelev; Ivan Davydov; Mikhail Ryskin
ACCION INTERNATIONAL
Hogan & Hartson represented Accion International, a leader in microfinance in Latin
America, Asia and Africa, in connection with a $3 million investment in LeapFrog
Investments, a first of its kind $100 million microinsurance private equity investment
fund headquartered in Mauritius. The fund will build and replicate a sustainable model
for developing and marketing microinsurance services to the poor. We advised Accion
with respect to fund formation and corporate governance of the fund, negotiating and
drafting, investment-related agreements, and the constitution of the Mauritius-based
fund.
lawyers: Liz Roberts; Robert Pender; Siobhan Rausch; Alina Zagaytova; Dena Kaufman;
Jean Blackerby; Maria Garton; Olesya Spandau
ROSETTE PROJECT
We provided legal help to a nonprofit organization, Rosette, which is active in the field
of old Egyptian culture in France. Rosette provides a Web site where researchers and
visitors can exchange information on old Egyptian culture, in particular the old Egyptian
alphabet. We assisted Rosette with copyright and antitrust issues.
lawyers: Xavier Buffet-Delmas; Thomas Zeggane
FUNDACIÓN DE LOS TRABAJADORES PETROLE
(FUNTRAPET)
We continued to provide legal assistance to Fundación de los Trabajadores Petroleros y
Petroquimicos de Venezuela [Foundation of Venezuelan Petroleum and Petrochemical
Employees] (FUNTRAPET) in the development of its activities oriented to human development. FUNTRAPET is a private foundation originally created by a group of former
employees of Lagoven (former affiliate of PDVSA) in 1989. Its goal is to promote and
impel self-sustainable projects and carry out actions of general interest for the development of the country through social, educational, athletic, recreational, ecological, and
environmental activities. FUNTRAPET created, with the advice of the United Nations
Development Program, the “Premio FUNTRAPET al Desarrollo Humano” [FUNTRAPET
Award for Human Development].
Our work encompassed the drafting of legal foundation documents and guidelines for
the projects and advice on investments and contributions.
STRATEGIC GLOBAL INITIATIVE, INC.
Strategic Global Initiatives, Inc. (SGI) is a New York nonprofit corporation organized to
provide desperately needed resources and aid to individuals suffering from persecution,
poverty, and abandonment. SGI launched the “Stop Child Trafficking Now!” campaign,
a year-long effort to combat child sex trafficking and to advocate on behalf of victims
of child sex trafficking, which culminated in a charity walk/run and fashion show in
September 2009. Hogan & Hartson continues to offer counsel ranging from trademark
registration, licensing, and Web site privacy policy to corporate governance advice and
insurance contract negotiation.
lawyers: Elizabeth Grennan; Maureen Hanlon
SOCIETY FOR INTERNATIONAL DEVELOPMENT
We continued to provide general corporate, governance, and contract review advice to
the Washington Chapter of the Society for International Development, the preeminent
global professional society for those working in international economic development
in developing countries. We also assisted on immigration, Internet law, and intellectual
property law issues.
lawyer: Ignacio Jauregui (Special Legal Consultant)
AFRICAN POPULATION AND HEALTH RESEARCH
CENTER
Hogan & Hartson continued as the principal United States tax advisor to the African
Population and Health Research Center (APHRC). Headquartered in Nairobi, Kenya,
the APHRC’s mission is to promote the well-being of Africans through policy-relevant
research on population and health. During 2008, the center continued to thrive and
grow in a very difficult environment.
lawyer: Jeffrey Tolin
lawyers: Marianna Boza; Gonzalo Rodriguez-Matos
25
UNITED NATIONS FOUNDATION
A global team of Hogan & Hartson lawyers assisted the United Nations Foundation with legal and organizational considerations for the new mHealth Alliance initiative.
lawyers: Michele Farquhar; Winston Maxwell; Wim Nauwelaerts
INTERNATIONAL FOOD and AGRICULTURAL TRADE POLICY
The Warsaw office was
recognized for its pro bono
work by Rzeczpospolita, a
leading Polish daily newspaper, in its annual Ranking
Kancelarii Prawniczych 2008
(Law Firms Ranking 2008).
Hogan & Hartson provided corporate governance, bylaw review advice, contract review, and immigration assistance to
the International Food and Agricultural Trade Policy Council, Inc.
lawyers: Helaine Perlman; Marcia Wiss
WORLD VISION INTERNATIONAL
The firm assisted World Vision International on a range of issues concerning employment, contracts, and recommendations in disputed situations, as well as assistance with nonprofit organization activity.
lawyers: Susan Acquista; Laura Ahart; Xenia Melkova; Robin Samuel; Wanda Whigham; Yulia Yarnykh; Tatiana Zhdanova
The firm assists organizations around the world that seek to improve global conditions:
• INTERNATIONAL RESCUE COMMITTEE
• KAITE
• HELPNICQ.COM
• BETTERPLACE GEMEINNUETZIGE STIFTUNGS-GMBH
• APRAM
• GLOBAL FINANCIAL INTEGRITY
• INITIATIVE FUER DEN ERHALT DER ALTEN ZIEGELEI DECK
• AMERICAN WOMEN’S CLUB OF THE HAGUE (AWC)
• INTERNATIONAL BRIDGES TO JUSTICE
• COUNCIL ON FOREIGN RELATIONS
26
• OSI — BALTIMORE COMMUNITY FELLOWS
• CYRIL NWOGU FOUNDATION
• TO RUSSIA WITH LOVE
• AFRICA SOCIETY OF THE NATIONAL SUMMIT ON AFRICA
• CRAG
• WILTON PARK
• BOSNIAN HANDICRAFTS, INC.
• THE RONALD S. LAUDER FOUNDATION
• FUNDACJA TALIZMAN
• GERMAN AMERICAN INTERNEE COALITION
• DIKEMBE MUTOMBO FOUNDATION
• PRINCETON IN AFRICA
• MICROFINANCE OPPORTUNITIES, INC.
• CUBA STUDY GROUP
• TRANSATLANTIC PARTNERS AGAINST AIDS
• PFARREI ST. LUDWIG
• ARMS OF LOVE
• PROYECTO TITI
• INTER-AMERICAN PARLIAMENTARY GROUP ON POPULATION
• CERGE-EI
• IMAGINENATIONS
• CAMEROON CONGRESS OF AMERICA
• NOR ALIK
• DARFUR PEACE AND DEVELOPMENT FUND
• CZECHOSLOVAK SOCIETY OF ARTS AND SCIENCES, INC.
• ASHOKA INNOVATORS FOR THE PUBLIC
lawyers: Hans Seiler; Xavier Buffet-Delmas; Lionel Sebille; Valerie Brennan; George Hritz;
Siobhan Rausch; Jeanie Park; Wolfgang Kircher; Michael Stepek; Dmitry Artyunin; T. Clark Weymouth;
Darshak Dholakia; Jeremy Zucker; Howard Silver; Keith Larson; Janice O’Connell; Glenn Campbell;
Brian Diamond; Matthew Frisbee; Anastasia Khokhryakova; Lynne Baum-Villavicencio; Michael Purdy;
Marcia Wiss; Elizabeth Katkin; Robert Benson; Oleg Sabel; Bruce Gilchrist; Tim Lyden; Mike Cheroutes;
James McMillan; Sharon Tasman; Raymond Batla; Michael Larner; Adi Dabholkar; Chandri NavarroBowman; Marissa Repp; Amy Mushahwar; Sarah Reisert; Stuart Stein; William Ferreira; Carlos Siso;
John Derderian; Patrick Perryman; Phillip Altman; Nneoma Nwogu; Robert Kyle; Lewis Leibowitz;
Michael Gilliland; Luis Perez; James Hargrove; Justus Schmidt-Ott; Peter Raue; Johannes Schulte;
Annette Feissel; Peter Huber
• UNION BODEN GMBH
• FRIENDS OF INTERNATIONAL HOUSE UK
• ASSOCIATION DE INDUSTRIES D’HAITI
• VIEQUES YOUTH LEADERSHIP INITIATIVE/STONE SOUP
• IUS ET LEX FOUNDATION
• SCHOOL OF HOPE, INC.
• HUMAN RIGHTS WATCH
• COLUMBIA UNIVERSITY - AFRICA PROJECT
• AMCHA STIFTUNG DEUTSCHLAND
• JAMES SIMON FOUNDATION
• HAITIAN HERITAGE MUSEUM
27
health and the
environment
Our World
THE MARINE CONSERVATION BIOLOGY INSTITUTE
Hogan & Hartson advised pro bono client, the Marine Conservation Biology Institute
(MCBI), in achieving a historic federal designation to protect a vast area of the central
Pacific Ocean.
On January 6, 2009, President Bush announced that the three sites, to be named
Marianas Marine National Monument, Pacific Remote Islands National Monument,
and Rose Atoll National Monument, will become the largest protected ocean area in the
world, covering an unprecedented 195,280 square miles.
Lawyers with Hogan & Hartson have worked closely with MCBI to accomplish this action for the preservation of a unique, biologically diverse area of the earth’s waters. The
firm prepared a legal analysis concerning provisions of the Antiquities Act that was used
by MCBI to argue for the establishment of these new national monuments in the central
Pacific Ocean, organized meetings with the Department of the Interior, and helped
make a case for bold action on the strength of the Antiquities Act analysis.
“We deeply appreciate the legal and strategic analysis and counsel given by
Hogan & Hartson on this project,” said William J. Chandler, Vice President for
Government Affairs at MCBI. “It was immensely helpful in charting our advocacy
course to a successful outcome.”
lawyer: Doug Wheeler
LOWER ELWHA KLALLAM TRIBE/RIVER
RESTORATION
The firm continues to make significant progress for its client, the Lower Elwha Klallam
Tribe, with the U.S. Congress and Executive Branch in connection with the removal of
dams on Washington State’s Elwha River and the restoration of the river’s natural habitat. Not only are dam removal and river restoration major federal and state environmental priorities, but they also represent an important reflection of the government’s trust
responsibilities toward Native Americans. River restoration is essential to the tribe’s
recovery of its ancestral and historic livelihood, customs and traditions.
Hogan & Hartson also represents the tribe in a subproceeding of the tribal fisheries
allocation dispute in United States v. Washington, an ongoing case that was initiated
in 1970. The subproceeding pertains to the allocation of fisheries among five tribes
with fishing rights in the Hood Canal (Port Gamble S’Klallam, Jamestown S’Klallam,
Skokomish, Suquamish, and Lower Elwha Klallam). In 1983 four tribes entered the
Hood Canal Agreement, which resolved certain questions as to the exercise of primary
fishing rights in the Hood Canal. The Lower Elwha have appealed to the Ninth Circuit
Court of Appeals a dismissal of issues concerning equitable allocation among the tribes.
Hogan & Hartson also represents the Lower Elwha in a dispute with the Lummi Tribe
that involves the Lummi Tribe’s opening fisheries in certain parts of Puget Sound.
lawyers: Doug Wheeler; Raymond Calamaro; Kate Smith; Lorane Hebert; Robert Troyer;
Danielle DiMauro
CHIMPANZEE SANCTUARY & WILDFIRE
CONSERVATION TRUST
The firm assisted Friends of the Chimpanzee Sanctuary & Wildlife Conservation Trust
(CSWCT), founded to support long-term strategies for conservation of chimpanzees
and their habitats, in its incorporation and formation. Hogan & Hartson continues to
assist Friends of CSWCT in its application for tax-exempt status and in governance and
operational issues. Friends of CSWCT expects to make grants and provide financial
support to the Chimpanzee Sanctuary and Wildlife Conservation Trust in Uganda, which
has established a chimpanzee sanctuary on Ngamaba Island in Lake Victoria that provides a safe and natural home for rescued chimpanzees who cannot return to the wild.
lawyers: Matthew Craig; Adam Feuerstein; Samantha Gallagher; Andrea Ramezan-Jackson
MAINE LOBSTERMEN’S ASSOCIATION
The firm assisted the Maine Lobstermen’s Association on issues related to the implementation date of final fishing gear restrictions mandated by the National Marine
29
Fisheries Service for protection of endangered whales. The firm worked with the client in
preparing testimony before a Senate subcommittee and in developing and coordinating
strategies for meetings with state and federal regulatory agencies and the environmental and scientific communities.
lawyers: Lee Alexander; James Banks; Kevin Downey; Alison George; Stefan Krantz; Mary Anne
Mason; Patrick Nevins; Michaelynn Ware
NATIONAL CONSERVATION SYSTEM FOUNDATION
Hogan & Hartson assisted the National Conservation System Foundation (NCSF) with
general corporate matters, including the set up of the NCSF’s grant programs and
counseling on tax issues, general corporate governance issues, and employment and
benefits issues.
lawyers: Stephanie Berberich; Siobhan Rausch; Doug Wheeler
CIVIL WAR PRESERVATION TRUST
Hogan & Hartson provided litigation assistance to the Civil War Preservation Trust
(CWPT) and National Parks Conservation Association (NPCA), which sought to participate as amici curiae in a lawsuit filed in the U.S. District Court for the Western District
of Virginia by various environmental and public interest groups challenging the Federal
Highway Administration’s (FHWA) approval of plans to widen Interstate-81 in Virginia.
In particular, the CWPT and the NPCA sought to support the plaintiffs’ claims that the
agency’s Tier 1 Final Environmental Impact Statement and Record of Decision violated
the National Environmental Policy Act (NEPA) because, among other things, the agency
failed to take a “hard look” at the effects of the highway expansion project on historic
Civil War battlefields in the congressionally-designated Shenandoah Valley Battlefields
National Historic District, and failed to thoroughly evaluate a multi-state rail concept as
a reasonable alternative to the highway expansion. The relevant NEPA claim was settled
by the parties.
lawyers: James Banks; Adam Siegel; Jon Talotta; Samuel Walsh
NANTUCKET CONSERVATION FOUNDATION
The firm assisted the Nantucket Conservation Foundation (NCF) in its goal of protecting as open space a 100-acre parcel on Nantucket, formerly used by the Federal Aviation
Association as an antenna site, but since declared surplus. The property is surrounded
by the foundation’s conservation land and is home to endangered species. We have
advised the NCF on the statutory and regulatory provisions that govern the disposition
of federal surplus property and on alternative proposals.
lawyer: George Carneal
CAUCASUS PROTECTED AREAS FUND
Hogan & Hartson assisted the Caucasus Protected Areas Fund, a new German foundation to promote environmental protection in the Caucasus ecoregion and supported
by the German government, with funding operations and corporate governance issues.
These matters included advice regarding a framework agreement, various grant agreements, and German law advice regarding a draft operations manual for the foundation.
lawyers: William Ferreira; Sina Hekmat; Jörg Jaecks; Philipp Semmer
WOODLAND COMMUNITY ASSOCIATION
(PHOENICIA, NY)
Hogan & Hartson prevailed on an appeal before the Appellate Division of the Third
Department of the New York Supreme Court on behalf of the Woodland Community
Association and six individual plaintiffs. The appeal stemmed from the Town of
Shandaken Planning Board’s issuance of a permit authorizing a company to harvest
water for non-potable uses like filling swimming pools from a natural spring located
near trail heads into the Catskill Mountains. We undertook the case following the
Association’s unsuccessful challenge to the board’s decision in a lower court. The
Appellate Division’s opinion invalidated the permit, holding that the board failed to follow important procedural requirements.
lawyers: Gardner Gillespie; Paul Werner
30
GREEN GOLD
The firm assisted AMICHOCO, a Colombian NGO committed to the welfare of the
Choco region of Colombia, in ensuring trademark protection for an environmental
protection project.
lawyer: Robert Heine
JANE GOODALL INSTITUTE
Hogan & Hartson continued to assist the Jane Goodall Institute (JGI) with a wide range
of contract, intellectual property, and other questions, in the United States and around
the world. The JGI is dedicated to empowering people to make a difference for all living
things by creating healthy ecosystems, promoting sustainable livelihoods, and nurturing
new generations of committed, active citizens.
lawyers: Valerie Brennan; David Bonser; Deborah Ashford; Ira Schaefer; Robert Jesuele; Arun Chandra;
Jale Lowery; Tarah Grant
NATIONAL PARKS CONSERVATION ASSOCIATION —
­
BLACK CANYON
A historic settlement to enhance and protect the Black Canyon of the Gunnison
National Park – the culmination of more than 2,300 hours of pro bono by
Hogan & Hartson lawyers – received final approval by a federal water court.
The agreement, which protects water flows and enhances conservation and recreation
in the national park, was reached on behalf of seven conservation groups (National
Parks Conservation Association, Wilderness Society, High County Citizens Alliance,
Environmental Defense Fund, Trout Unlimited, West Slope Environmental Resource
Council, and the Western Colorado Congress) during nine months of negotiations that
involved more than 60 parties, including irrigators in the Gunnison basin, hydroelectric
producers, recreationalists, and downstream towns, in addition to the federal government. In a team effort, the firm worked with lawyers from Trout Unlimited and Western
Resource Advocates.
As a result of the settlement, the park’s water flow will be set at a year-round base of
300 cubic feet per second, with adjustments for annual peaks and shoulder flows that
are tied to natural inflow each year. This scenario will promote a healthier environment
for trout and clear downstream debris while maintaining the river’s scenic appeal for
visitors of the popular national park.
The Colorado court settlement followed Hogan & Hartson’s victory in federal court in
2007 in an underlying litigation that protected water rights from federal efforts to give
them to third parties.
lawyer: Andrew Spielman
NATIONAL PARKS CONSERVATION ASSOCIATION
Hogan & Hartson secured a victory on behalf of pro bono clients the National Parks
Conservation Association, the Coalition of National Park Service Retirees, and the
Association of National Park Rangers, to prohibit the Department of the Interior from
implementing a new regulation permitting concealed carry handguns in the national
parks and wildlife refuges.
After the regulation was adopted in December 2008, lawyers with Hogan & Hartson
filed a lawsuit in the U.S. District Court for the District of Columbia challenging the
inconsistency of the action with the obligations of the federal officials involved to foster
conservation in their administration of the parks and refuges. The lawsuit also challenges the failure of the regulatory process to include an environmental review as required
by the National Environmental Protection Act (NEPA) and to consider adequately the
evidence in the record concerning the likely environmental harms. This evidence included the long history of the National Park Service and Department of the Interior allowing
only inoperable and stored firearms in national parks and wildlife refuges on grounds
that such protections were necessary to safeguard against environmental risks.
On March 19, 2009, The Honorable Colleen Kollar-Kotelly granted the motion filed
by the Hogan & Hartson pro bono clients for a preliminary injunction to stop the
Department of Interior from implementing the new rule. The court stressed that
the case is not a platform for resolving disputes concerning the merits of concealed
weapons or laws relating to concealed weapons, but involves the question of compli-
31
ance with Congress’ statutes and regulations. The court concluded that the government
defendants had not heeded Congress, because they “abdicated their [NEPA] obligations” and “ignored (without sufficient explanation) substantial information in the
administrative record concerning environmental impacts.” The defendants’ process
was “astoundingly flawed,” and their change of course “without a reasoned explanation
is the quintessential example of an arbitrary and capricious action.”
Hogan & Hartson lawyers have spent more than 1,800 hours working on this pro bono
matter, dating back to the firm’s assistance to the clients with their comments on the
proposed regulation. A final order has been entered in the litigation. Work has turned to
addressing the legislative developments on this issue.
lawyers: Andrew Spielman; Cate Stetson; Jan McDavid; Pat Brannan; Aly Simons; Alison George;
Audrey Moog; Chris Lott; Jennifer Biever; Michael Steinberg; Jonathan Abram; Laurice Chen; Mital
Gondha; Nathan Good; Randy Shefman; Roxanne Tingir; Sanjesh Sharma; Sarah Olson; Tulasi
Leonard; William Yavinsky; Poopak Nourafchan; Alexander Johnson; Brian Lerner; Edith Webster; Gil
Abramson; Dariush Adli; John Gardner; Adam Zaffos; Andrew Yen; Asheley Dean; Seaton Thedinger;
David Snyder; Esther Haley; Genevieve Wachtell; Jim Black; Jennie Ingram
The case presents novel and fascinating issues, such as whether the Chugach had
fished and hunted on the Outer Continental Shelf prior to 1800, when the earliest
European settlers arrived, at a time when the Chugach had no written language, and
whether other native groups had used the same waters to hunt and fish during these
prehistoric times. The evidence was presented through expert anthropologists, archaeologists, fisheries biologists, and linguists, as well as elders and historians from the five
Chugach villages, and from eyewitness accounts of 18th century explorers, oral histories
from the Alaska natives, the presence and absence of place names in different Alaska
Native languages, archeological evidence, studies of the Alaska natives’ technology
relating to their kayaks and hunting equipment, and fish migration patterns.
lawyers: Richard de Bodo; Adam Zaffos; Lynn Lee; Susan Acquista
The firm represents many organizations that work to protect the
environment:
• BOARD OF BICYCLE COLORADO
• CENTER FOR ENERGY AND ENVIRONMENTAL SECURITY (BOULDER)
EYAK VILLAGE
• SURFRIDER FOUNDATION
Hogan & Hartson represents five traditional Alaska Native fishing villages inhabited
by Chugach Eskimos in a lawsuit against the United States Secretary of Commerce in
federal court in Anchorage, Alaska. The Chugach villages brought this lawsuit to challenge United States regulations that excluded their members from fishing commercially
for halibut and black cod on the Outer Continental Shelf three or more miles from shore
in the waters adjacent to their villages. The Chugach assert that based upon fishing
and hunting in these waters for seven to ten thousand years, they possess “aboriginal
rights” to continue, which cannot be divested without an express act of the United
States Congress.
• CONSERVATION INTERNATIONAL FOUNDATION
Working with the Native American Rights Fund and Alaska Legal Services,
Hogan & Hartson assisted in defeating a motion for summary judgment brought by the
United States government. In August 2008 Hogan & Hartson and co-counsel participated in a two-week trial in Anchorage federal court to establish the Chugach people’s
continuing right to fish on the Outer Continental Shelf.
• CRY OF THE WATER, INC.
32
• LAND TRUST ALLIANCE
• EARTH CONSERVATION CORPS
• GRAND CANYON TRUST
• JOHN MARSHALL MEMORIAL PARK FOUNDATION
• CHILDREN OF CHERNOBYL U.S. ALLIANCE
• SEEDS FOR A BETTER WORLD
• CIVIL WAR PRESERVATION TRUST
• THEODORE ROOSEVELT CONSERVATION PROJECT
• RAPTOR CONSERVANCY OF VIRGINIA
• COMMUNITY GREENS
• BELIZE FOUNDATION FOR RESEARCH & ENVIRONMENTAL EDUCATION
• COLORADO 14’ERS INITIATIVE
ment conduct in Poland through phone interviews with governmental officials and drafting of formal requests.
• CIVIC CENTER CONSERVANCY
lawyer: Yulia Yarnykh
• AMERICAN SOLAR ENERGY SOCIETY
• COLORADO-WYOMING NATURE CONSERVANCY
• COLORADO COALITION OF LAND TRUSTS
• ENERGY OUTREACH COLORADO
• WOMEN’S BEAN PROJECT
• PLUS ENERGY
• FRIENDS OF ALLEGHENY WILDERNESS
• ENVIRONMENTAL ENTREPRENEURS (E2)
• CDTA LEGAL AND LEGISLATIVE COMMITTEE
• NEON, INC.
• OCEANA
lawyers: Rebecca Watson; Andrew Lillie; Jose Valdivia; Dennis Arfmann; Randy Shefman; Rose
Hickman; Kevin Shaw; Scott McClure; Nicole Brown; Steven Hollingworth; Sandy Mayo; Michael
Kidney; Ty Cobb; Wim Nauwelaerts; Ann Vickery; Doug Wheeler; Patrick Traylor; Ryan Rowberry;
Kenneth Kastner; James Banks; Walter Stillwell; Luca Bronzi; Gary Kushner; Donald Lehr; Howard
Boigon; Patrick Perrin; Adrian Eissler; David Toy; Jared Crain; Stephen Paine; Kim Reed; Carlos Siso;
Gregory Walsh; Aleksey Khorokhordin; James Wickett; Matthew Frisbee; Jody Foster; Douglas Beresford;
Deen Kaplan; Mark McConnell; Anthony Capobianco; Rita Hayes (Senior Advisor); David Saylor
Our Health
CAMPAIGN FOR TOBACCO-FREE KIDS
CEO ROUNDTABLE ON CANCER
The firm assisted the Life Sciences Consortium of the CEO Roundtable on Cancer, a
nonprofit entity comprised of corporate executives from major American companies
from diverse industries (in conjunction with the National Cancer Institute), with a
project designed to reduce the time to negotiate clinical trial agreements and shorten
the time required to get safe and effective cancer treatments approved and available to
those who need them.
Several Hogan & Hartson lawyers reviewed template clinical trial agreements provided
by pharmaceutical companies, medical device companies, and academic research
institutions to determine where each party begins negotiation of specific provisions. We
also examined negotiated clinical trial agreements provided by the companies and institutions to identify the results of negotiation. The project verified the hypothesis that,
although companies and institutions begin their negotiation of clinical trial agreements
with very different positions on specified issues, they reach a very similar conceptual
result on these issues between 67 percent and 90 percent of the time. As a final step,
we assisted with the preparation of standardized/normalized contract provisions that
express the concepts on which companies and research institutions reached agreement
in the overwhelming majority of negotiations.
The CEO Roundtable on Cancer has published the provisions on its Web site www.ceoroundtableoncancer.org in the hope that lengthy and costly negotiations can be avoided.
lawyers: Anishiya Abrol; Eric Baim; David Blazina; Monica Burke; Matthew Frisbee; Robert Leibenluft;
Holly Lynch; Leigh Oliver; Nadine Peters; Philip Porter; Jayson Slotnik; Veronica Valdivieso; Michaelynn
Ware; Natalia Kaden
Hogan & Hartson assisted the Campaign for Tobacco Free Kids in strengthening the
fight against illegal tobacco trade in Poland. We researched public records and govern-
33
WASHINGTON AIDS PARTNERSHIP
Hogan & Hartson supported the Washington AIDS Partnership of the Washington
Regional Association of Grantmakers in helping to secure federal and local funds from
the D.C. Department of Health HIV/AIDS Administration (HAA) to support HAA’s
creation of an HIV medications pipeline designed to ensure the distribution of critical
life-saving antiretroviral and other HIV medications to persons living with HIV/AIDS in
the District of Columbia.
lawyers: Robert Kenney; Stephen Smyers
NATIONAL ALLIANCE ON MENTAL ILLNESS —
MONTGOMERY COUNTY
The firm assisted the Montgomery County National Alliance on Mental Illness (NAMI)
by preparing a general memorandum addressing a number of legal issues, re-drafting
by-laws, and answering a set of frequently asked questions (FAQs) for posting on the
organization’s Web site. The FAQs addressed guardianship, social security benefits,
special needs trusts, and obtaining powers of attorney in Maryland. The firm also
helped NAMI with the development of a list of organizations in the Washington, D.C.
metropolitan area that provide assistance on legal issues.
lawyers: Amy Roma; Ed Parks; David Blazina; Ifraj Muhammad
TEXAS CHILDREN’S HOSPITAL
The firm undertook a significant federal funding project for Texas Children’s Hospital.
lawyers: Michael Gilliland; Jeffrey Munk; Kate Smith
NATIONAL HEALTH LAW PROGRAM
Hogan & Hartson conducted a comprehensive survey of state law regarding the
provision of language services in the context of the practice of pharmacy to assist the
National Health Law Program (NHeLP) with its ongoing examination of language access in health care settings. Lawyers in practices involving pharmaceutical and health
34
law completed the research and analysis in 2008; work on developing a means of presenting the information to the public continues. NHeLP is planning to make the table
summarizing the key provisions in Washington, D.C. and all 50 states available on its
Web site www.healthlaw.org.
lawyers: Brian Stone; Haley Boyette; Abigail Brandel; Eva Dietz; Elizabeth Elkiss; Maile Hermida;
Joshua Kim; Sara Kraner; Stephen Mahoney; Jenny Robertson; Natalie Sinicrope; Shelita Stewart;
Brittan Strangways; Lorrin Tuxbury
DC APPLESEED CENTER — HIV/AIDS
ADMINISTRATION
In 2008 we continued to assist DC Appleseed in monitoring and seeking to improve the
district’s response to the HIV/AIDS epidemic. With the firm’s assistance, DC Appleseed
published its fourth HIV Report Card, which reviewed progress and obstacles in 11
areas, including HIV testing, syringe exchange and complementary services, and HIV/
AIDS among the incarcerated. The report card received coverage in The Washington
Post and other local press.
In addition, the firm assisted DC Appleseed in commencing a benchmarking project
on HIV prevention for women, African-Americans, and Latinos. In the district, reducing HIV transmission among these groups is critical to controlling the epidemic. We
collected information about successful approaches in other cities, states, and countries
that would be useful in improving prevention by the city’s HIV/AIDS administration.
We also conducted background research and interviewed experts and service providers
across the country to begin to identify the key elements of a robust prevention program.
We also provided information about prevention efforts in EU countries.
lawyers: Pat Brannan; Robert Leibenluft; Veronica Valdivieso; Robert Rabecs; Robert Brady; Thomas
McGovern; Abigail Brandel; Candace Martin; Christopher Dean; Elizabeth Halpern; George O’Brien;
Gwyn Simmons; Ivan Douglas; Jane Huang; Megan Doyle; Nadine Peters; Robert Berlin; Elisabethann
Wright; Anna-Emilia Autio; Jacqueline Glassman; Linda Horton
FRIENDS OF CHILDREN’S HOSPITAL
We advise the Friends of Children’s Hospital foundation, a long-time CSD client, in
various aspects of its daily activity, including its capital campaigns, relationships with
donors, and regulatory issues.
lawyers: Agnieszka Suchecka-Tarnacka
We provide a wide range of pro bono services to organizations
that work to improve the health of our communities:
• CLARITYPOINT HEALTHCARE
• CENTER FOR INTEGRATION OF MEDICINE AND INNOVATIVE TECHNOLOGY
• PARK HEIGHTS COMMUNITY HEALTH ALLIANCE
• FÔNDATION DES HOPITAUX DE PARIS
• FOUNDATION FOR NIH
• HOPE FOR HENRY
• CHURKENDOOSE PROJECT
• C-CHANGE
• NATIONAL CAMPAIGN TO PREVENT TEEN AND UNPLANNED PREGNANCY
• CAPITAL AREA ROUNDTABLE ON NURSING
• COALITION FOR ADVANCEMENT OF MEDICAL RESEARCH
• ROMANIAN CHILDREN’S LEUKEMIA AID FOUNDATION
• OVARIAN CANCER NATIONAL ALLIANCE
• NATIONAL HOSPICE & PALLIATIVE CARE ORGANIZATION
• CONTINUING CARE LEADERSHIP COALITION
• AMERICAN CANCER SOCIETY
• BALTIMORE CITY HEALTHY START, INC.
• FAMILY HEALTH & BIRTH CENTER
• MENTAL HEALTH ASSOCIATION OF COLORADO
• PHYSICIANS AND LAWYERS FOR NATIONAL DRUG POLICY
• MARKLE FOUNDATION
• ABE’S GARDEN
• CITTI
• HEALTHBRIDGE ALLIANCE
• FOOD & FRIENDS
• COMPETENCE NETWORK FOR CONGENITAL HEART DEFECTS
• THE LAUREN CENTER
lawyers: Hywel Jones; Sarah Atkinson; Leon Sosnowski; Marta Kochanowska; Rachel Squires; Robert
Washington; Wim Nauwelaerts; Christoph-David Munding; Maren Bedau; Jennifer Henderson; John
Porter; Beth Roberts; Siobhan Rausch; Heather Cooper; Jayson Slotnik; Sarah Fleisch; Alex Park; Justin
Salon; Marcy Wilder; Brooke Bumpers; Veronica Valdivieso; Pat Ambrose; Frank Spano; Alice Brown;
Brian Diamond; Mark Lehman; Joseph Levitt; Meredith Manning; Linda Horton; Rick Silverman; Joseph
Hernandez; Leslie Armendariz; Jeffrey Schneider; Meaghan Atkinson; Michael Mason; Tim Lyden;
William Flanagan; Brian Shiker; Matthew Dow; Matthew Frisbee; Deborah Staudinger; Danielle Drissel;
Jonathan Diesenhaus; Barbara Bennett; Scott Lilienthal; Alice Brown; Ivan Douglas; Matt Thomson;
Danny Hart; Dugan Bliss; Nevin Kelly; Jennifer Jacobs; Taryn Fielder; Mark Sterling
• FRIENDS OF KAREN, INC.
• SHARSHERET
• MOVEABLE FEAST
• FOOD ALLERGY & ANAPHYLAXIS NETWORK
• ASSOCIATION OF FOOD AND DRUG OFFICALS
• CANCER RESEARCH UK
35
Achieving
life’s basic
needs
Housing
FORECLOSURE SCAM
In 2008 the firm made significant strides for the victims of a mortgage foreclosure scam who the firm has represented
for many years. After winning a substantial sum at trial in 2007 for a single plaintiff, the defendants were persuaded
to settle the claims of the other five plaintiffs, enabling our clients to retain their homes. Apparently unhappy with his
decision to settle, one of the defendants spent much of 2008 trying to undo the settlement agreement, but met with little
success. After a ruling meant to enforce the settlement, the defendant filed an appeal and refused to comply with the
terms of the agreement. He also failed to comply with numerous court orders, including one to post a bond while the
appeal was being adjudicated, but the plaintiffs ultimately prevailed when the court ordered that the title of the property
be transferred back to the plaintiffs. The court also entered judgment in the amount of $199,832.44 against the defendant, which included sanctions for his blatant disregard for the court’s orders. In the case of the single plaintiff who went
to trial, defendants appealed the $3.4 million verdict, and 2008 saw the completion of briefing at the appellate level.
The firm received the
2008 Pro Bono Counsel
Award from the National
lawyers: Jessica Ellsworth; Phillip Metcalf; Jeffrey Pariser; Jon Talotta; Tom Connally; Pat Brannan; Christopher Lott; David Weiner;
Erica Knievel; Esther Haley; John Miller; Rebecca Unruh
Law Center on Homeless-
TENANT ORGANIZATION
ness and Poverty for our
Tenants of a building in Northwest Washington, D.C. attempted to organize a tenants association to address some of
the concerns of the tenants regarding housing code violations, general improvements of common areas of the building,
a proposed conversion of the apartments to condominiums, and to exercise their right to purchase if the building were
converted to condominiums. They formed a tenants association but the owner and management company consistently
interfered with the tenant association’s right to meet and organize. The management company then served notices to
quit and cure on the individual organizers attempting to evict them from the building. Hogan & Hartson brought suit
against the management and owner on behalf of those individuals and the tenants association in 2007 for violations of
the tenants’ rights under the Rights of Tenants to Organize Act. In December 2008 after a lengthy discovery process, the
owner and management company settled the lawsuit. The terms of the settlement agreement allow the tenant association to organize and meet without interference from management and include provisions addressing tenant concerns
about the building, as well as monetary provisions.
significant pro bono work
throughout the year.
lawyers: Robert Wolinsky; David Foster; Sarah Olson; Tara Plochocki; Jonathan Abram; Christopher Amar; Jeremy Stein
37
TENANTS IN EAST PALO ALTO
The Washington Legal
The firm represented a group of tenants residing in East Palo Alto, California in a putative class action lawsuit filed in
California Superior Court in July 2008 against their landlord and affiliates. The suit alleges that the defendants have created numerous limited liability companies (LLCs) and a corresponding corporate and partnership structure, where these
LLCs are the putative “owners” of the plaintiffs’ apartment units. Plaintiffs contend that defendants are improperly relying on the separate existence of LLCs putatively owning four or fewer rental units in East Palo Alto as a means to evade
the City’s Rent Stabilization Ordinance, which contains an exemption for units owned by landlords owning four or fewer
properties. The suit alleges that the LLC “owners” are really the alter egos of related organizations and that adherence
to the LLCs separate existence for purposes of applying the rent control ordinance would work an injustice. Motions
practice proceeded in 2008 and the firm was successful in obtaining an order lifting a discovery stay.
Clinic for the Homeless
lawyers: Robert Hawk; Ryan Marsh; Nimrod Aviad; Larry Weiss
honored the firm with a
10TH STREET TENANTS ASSOICATION
special projects award for our
Hogan & Hartson attorneys continued to represent more than 30 Washington, D.C. tenants in a petition against their
housing provider seeking damages and repair of severe housing code violations and reversal of illegal rent increases. In
2008 the collaboration of numerous attorneys and summer associates produced a detailed analysis of the housing code
violations in each unit in anticipation of discovery. While moving forward with the case, both sides engaged in meaningful settlement discussions.
ongoing work in the implementation of the Homeless
Services Reform Act in
Washington, D.C.
lawyers: Stuart Altman; Christopher Dean; Miguel Del Toro; Ashley Dobbs; Michael Elliott; Maria Garton; Elizabeth King; Harriette Lopp;
Ifraj Muhammad; Michael Redmond; Jordana Rubel; Kevin Willen; Danielle Woodlee
Individuals and Families
We represent many individuals and families with issues and disputes concerning housing.
The firm represented husband and wife tenants in a series of cases involving the denial of the couple’s rights to purchase their home under the D.C. Tenant Opportunity to Purchase Act (TOPA). After living as tenants in their Capitol Hill
home for more than 14 years, the former owners of the residence illegally sold the property and an adjacent property to a
third party without first giving the couple a fair opportunity to purchase the house themselves. The couple, instead, was
provided misleading information on the terms of the sale to prevent them from exercising their TOPA rights. The current
38
owner has instituted a series of eviction proceedings against the couple, in which the
firm also serves as counsel. The case raises important issue regarding the ability of
landlords to circumvent TOPA rights by selling multiple parcels of land in one transaction and TOPA’s applicability when multiple tenants reside in the same household.
lawyers: Kevin Willen; Michael Kass; Erica Knievel; Rebecca Mandel; William Nussbaum;
Jordana Rubel; Shelita Stewart; Dante Deliso
The firm assisted an elderly citizen of Miami in an ongoing dispute with her condominium association. After a state inspection determined that the mold in our client’s
dwelling was a risk to her health, the condominium association was ordered to clean up
the mold. The association agreed to fix the mold problem only if certain other conditions are met by the client, so firm attorneys continue negotiations with the association
to resolve the problem amicably.
lawyer: Benjamin Hawks
The firm assisted a single mother of four living in one of Miami’s poorer areas. At the
height of Miami’s real estate boom, our client took out a home equity loan to fund a
$30,000 addition to her home. She hired a contractor to perform the construction, who
said he was licensed. The contractor did part of the work but did not complete the project. Two years later, the addition is still not complete, and the construction quality is so
poor that a construction consultant has concluded that the addition is a safety hazard
in hurricane-prone South Florida. The firm is obtaining a default judgment and has filed
grievances with the proper state and county construction boards.
lawyers: Daniel Gonzalez; Jason Kellogg; Keisha McGuire; Jorge Diaz-Silveira
The firm represented an elderly couple who have lived in the same Mount Pleasant row
house in Washington, D.C., for nearly 50 years. They now have trouble getting around,
and because they cannot use the stairs, they have been forced to live in the basement
of their home and exit out the rear patio into a hard-to-negotiate alley. Our representation involved a dispute with the District’s Housing Preservation Review Board (HPRB).
Mount Pleasant is an historic district, and the HPRB denied the clients’ permission to
renovate their home to make it handicapped-accessible on the basis that the renovation
would unacceptably alter their home’s facade.
In 2007 the firm negotiated with the HPRB and sought a re-evaluation of the case.
When that failed to produce the permission, the firm sought an administrative hearing
and prepared to advance claims under the applicable federal disability discrimination
statutes. On the eve of the hearing, the matter was settled on a basis satisfactory to the
client.
lawyers: Craig Hoover; Dom Perella
The firm represented a tenant in New York who had been held negligent for water damage to the apartment below her own apartment. We succeeded, after briefing and argument in the Appellate Term, in convincing the court to remand the decision.
lawyers: Toby Smith; Victoria Zaydman
The firm continued its representation of a District of Columbia resident, wrongfully
evicted from his apartment through the collusion of a private landlord and the D.C.
Police Department. In 2008 the client moved for summary judgment, and the court held
that the district and individual police officers were not immune and could stand trial.
lawyer: Jeremy Monthy
We also represent individuals fighting eviction, foreclosure, and other actions that
threaten their homes.
lawyers: Neal Brandenburg; Frank Spano; Kristen Foslid; Ashley Dobbs; Jon Talotta
CITIZENS PLANNING AND HOUSING ASSOCIATION
Hogan & Hartson assisted the Citizens Planning and Housing Association, as well as
its partner organizations in the Baltimore City Inclusive Housing Coalition, in the review
and analysis of proposed regulations to implement Baltimore City’s seminal inclusive
housing ordinance, which requires that development projects receiving a major public
subsidy must reserve at least 20 percent of units with certain exceptions for affordable
housing.
lawyer: Joshua Civin
39
WASHINGTON LEGAL CLINIC FOR THE HOMELESS
As part of our work for the Washington Legal Clinic for the Homeless, we facilitated
numerous community meetings to gather stakeholder input on draft regulations to
implement the District’s Homeless Services Reform Act. The goal was to create a record
of important issues in order to improve the proposed regulations, which should be
published in the near future.
The firm also assists the Washington Legal Clinic for the Homeless with direct legal
service to homeless clients and clients at serious risk of losing their homes.
lawyers: Ellen Chung; Holly Lynch; Meredith Manning; Torrey McClary; George O’Brien;
Christian Rowan; Michael Smith; Christopher Amar
FORT GREENE STRATEGIC NEIGHBORHOOD
ACTION
The firm achieved a successful settlement in favor of our client Fort Greene Strategic
Neighborhood Action Partnership (Fort Greene SNAP). Fort Greene SNAP is a nonprofit
community organization formed to provide low- and moderate-income residents, in or
near the Fort Greene neighborhood of Brooklyn, with access to gainful employment,
further education, and quality health care by offering programs in technology, entrepreneurship, and life skills.
The dispute involved a copier vendor that reneged on its promise to buy out the organization’s old copier leases in exchange for an agreement to purchase a newer model. The
firm filed a complaint in the Supreme Court of the State of New York, Kings County and
settled the matter on a basis that allows Fort Greene SNAP to pay off the leases on the
old copiers and brings the new lease current.
lawyer: Alice King
DOORWAYS FOR WOMEN AND FAMILIES
The firm assisted Doorways for Women and Families in connection with a joint venture
arrangement with the Arlington Partnership for Affordable Housing (APAH) for the
40
Cameron Commons housing facility in Arlington, Virginia, that allows Doorways the
use of up to five units at the facility. Among other things, the firm assisted with the
documentation and negotiation of the joint venture arrangements with APAH, assisted
with the grant from Arlington County’s Community Housing Affordable Fund to fund
Doorways’ initial investment, and handled the acquisition of the facility by the joint
venture entity. Doorways provides temporary community shelter for abused, homeless,
and at-risk women and their families, and the five units will be used to house Doorways
clients.
lawyer: Lee Berner
NATIONAL LAW CENTER ON HOMELESSNESS
and POVERTY
The firm has handled several pro bono initiatives on behalf of the National Law Center
on Homelessness and Poverty (NLCHP), including preparation of the 2008 Voting
Rights Report, a document published in July 2008 that explains legal provisions, voter
identification issues, and state laws governing voting by homeless persons. The report
also provides recommendations for policy-makers to improve access to voting by the
homeless.
Hogan & Hartson is also a dedicated member of the NLCHP’s Lawyers’ Executive
Advisory Partners (LEAP) program, which provides pro bono opportunities for LEAP
partners including litigation, legislative, research, and transactional assistance in program areas including children and youth, civil rights, human rights, domestic violence,
housing, and disaster assistance.
lawyers: David Burgett; Joy Sturm; Michele Harrington; Chungmoon Choi; Deborah Raviv;
Edward Smith II; Jayson Slotnik; Judy Faubert; Marc Marinaccio; Maria Garton; Matthew Frisbee;
Michael McGill; Sanjesh Sharma
Clinics
Hogan & Hartson lawyers also provide support in clinic settings for clients needing help
on housing issues.
PHILADELPHIA HOMELESS ADVOCACY PROJECT
Firm attorneys continued to staff legal clinics for the Philadelphia Homeless Advocacy Project and received various assignments as a result of those clinics, including identity, Supplemental Security Income, and landlord tenant matters. In
2008 the firm co-adopted the Ridge Avenue Shelter in Philadelphia, and committed to regularly staff a legal clinic there.
LANDLORD TENANT RESOURCE CENTER
The firm continued to staff the Landlord Tenant Resource Center at the D.C. Superior Court two days each month, to
provide free legal information to unrepresented landlords and tenants with residential housing disputes. Firm lawyers
helped self-represented persons to understand court proceedings, to present cases in court, to obtain continuances,
and to retain counsel and find other social service help. We also assisted self-represented parties with the preparation of
pleadings on forms approved by the court.
KEVIN KLEIN LEGAL ADVICE CLINIC FOR THE HOMELESS
New York partner Steve
Edwards was honored
by Nazareth Housing for
his 15 years of service as
President of the board.
Lawyers in the Boulder office participate in this advice and referral clinic, a project of the Boulder County Bar.
lawyers: Merry Chavez Anderson; Debra Berman; Ashley Dobbs; Jamillia Ferris; Anna Kouba; Joseph Krauss; Daniel Meade;
Ifraj Muhammad; Rebekah Leigh Osborn; Sujit Raman; Andrea Ramezan-Jackson; Shawna Tunnell; Robert Winters; Daniel Shea; Brian Lynch
We are proud to represent many organizations that promote safe and affordable housing
in our communities:
• JEWISH RECOVERY HOUSES
• NAZARETH HOUSING
• OPEN ARMS HOUSING
41
• AMERICAN INDIAN COMMUNITY HOUSE, INC.
• CALVARY WOMEN’S SERVICES
• THE DWELLING PLACE
• NATIONAL ALLIANCE TO END HOMELESSNESS
• MY SISTER’S PLACE
• OUR PLACE (SETTLEMENT HOUSE)
• SARC
Hogan & Hartson
was nominated by Calvary
Women’s Services for Acacia
Federal Savings Bank’s 2008
Nice Guys Award based on
the firm’s “hard work and
high standards” and for
“helping others.”
• NORTHERN WESTCHESTER SHELTER
• N STREET VILLAGE
• ALLIED JEWISH APARTMENTS
lawyers: Arthur Stout; Carin Carithers; Jaime Chase; Dante Deliso; Jacqueline Cooper;
Lee Samuelson; Jessica Straley; Shaune Hawkins Langston; Marc Samuel; Dave Thomas;
Michael Bell; Michelle Kisloff
Protection From Harm
PROTECTIVE ORDERS
The firm represents individuals seeking protective orders from domestic violence through the Courtroom Advocates
Project of Sanctuary for Families, and WEAVE in Washington, D.C.
lawyer: Ashley Antler
ASOCIACIÓN DAMAS SALESIANAS
The Asociación Damas Salesianas (ADS) is a faith-based nonprofit civil association formed by a feminine lay voluntary
service that manages programs of social assistance directed to the poorest population in 23 countries. ADS was founded
originally in Caracas, Venezuela in 1968 as part of the “Salesianos” movement (followers of St. Juan Bosco).
42
ADS’ activities focus in two fundamental areas — health and education — developing
programs intended for provide direct medical assistance to people of scarce resources.
Also, ADS supports other projects of large social impact such as programs of feminine
penitentiary attention, nutrition program for children, scholastic reinforcement, and
nourishing program for indigents.
Our Caracas office began its activities with ADS in 2006. In 2008 we continued to provide assistance in labor, corporate, tax, and regulatory matters, including attendance at
the National Directory Meetings held in Caracas, at which many legal topics were raised.
lawyers: Luis Bottaro; Marianna Boza; Bruno Ciuffetelli; Lismar Garcia; Juan Carlos Pondal
NEW YORK CITY BANKRUPTCY ASSISTANCE
PROJECT
Through the New York City Bankruptcy Assistance Project, the firm continued to assist
numerous individuals with the preparation of their chapter 7 petitions. To be eligible for
this program, the individuals must have income below 200 percent of the federal poverty level. These individuals file chapter 7 cases in an attempt to discharge their debts.
It is very gratifying to help these individuals obtain a fresh start through the chapter 7
process.
lawyers: Iciar Garcia; Kathryn Goetz; Scott Golden; Ira Greene; Brian Grieco; Dena Kaufman;
Brian Strand
PROTECTION FROM ABUSER
The firm successfully defended a battered woman in a replevin lawsuit brought against
her in Montgomery County District Court by her former batterer. The plaintiff had been
jailed on multiple occasions for abusing and stalking our client. He continued to harass
our client after leaving jail by filing lawsuits against her. In the replevin action, the plaintiff claimed that our client discarded his property when he was in jail and sought more
than $10,000 in damages.
After cross-examining the plaintiff and his witness, we won a rare motion for directed
judgment dismissing the plaintiff’s case. The client wrote: “I was impressed by how
thoroughly the team prepared for the case …and how brilliantly they succeeded at preventing [Plaintiff’s] abusive attempts from going any further in this case.”
lawyers: Leigh Oliver; Michael Sevi; Bret Cohen; Steve Kuperberg
D.C. DISASTER ASSISTANCE MANUAL
We completed work during 2008 on a manual to be used by legal assistance providers
in the event of an emergency creating special legal services needs in Washington, D.C.
Working with the D.C. Bar and Washington Legal Clinic for the Homeless, firm lawyers
covered a multitude of topics that would be essential to volunteer legal service providers if ordinary legal services in the city were disrupted.
SMALL ENTREPRENEUR
The legal issues facing a tiny business when it was introduced to the firm by the D.C.
Bar Pro Bono Program were manifold, including ongoing litigation, contract disputes,
and a trademark issue with a major food company. The company was in dire economic
straits, and faced serious issues relating to outstanding loans and tax obligations.
With the help of Hogan & Hartson attorneys, the litigation has been finally resolved,
the contract disputes have been addressed, and the trademark dispute is facing settlement. There are still several serious issues facing the company which continue to be
addressed as part of a substantial effort to keep the company in business during these
difficult economic times.
lawyers: Lisa Bonanno; Celine Jimenez Crowson; Ben Hammond; Wylie Levone; Sujit Raman; Andrea
Ramezan-Jackson
WILLS FOR HEROES/ESTATE PLANNING
Originally developed by the ABA’s Young Lawyers’ Division in response to the events of
September 11, the Wills for Heroes program has been implemented in Virginia through
the joint sponsorship of the Virginia State Bar Young Lawyers Conference and the
Virginia Bar Association, Young Lawyers Division (YLD). The program relies upon local
43
During 2008,
four Hogan & Hartson
lawyers were included in the
Daily Business Review’s “Most
Effective Lawyers 2007” list.
Mark Cheskin, Maria Eugenia
Ramirez, Brian Lerner, and
Jason Kellogg won a $2.5 million
jury verdict on behalf of a CSD
client who sued the Department
of Homeland Security for retaliation and failure to accommodate a disability.
volunteer attorneys who provide basic wills, powers of attorney, and medical directives to local first responders using a
“HotDocs” document assembly software. Wills for Heroes has been successfully implemented in many Virginia localities, including Arlington, Roanoke, Williamsburg, Cumberland, Danville, Richmond, Chesterfield, and Norfolk. Northern
Virginia associate Anishiya Abrol is currently the Virginia Bar Association, YLD, Co-chair of the Wills for Heroes program
and is looking forward to bringing this valuable program to additional Virginia localities in 2009.
lawyer: Anishiya Abrol
Care of Our Veterans
The proper care of military veterans and service members has been a challenge for the United States. Hogan & Hartson
has stepped up to give representation of veterans a priority in the pro bono program. Lawyers in Washington, D.C.,
Northern Virginia, New York, Colorado, Baltimore, Houston, and Los Angeles have taken on direct representation of
veterans and service members with disability and claims issues resulting from their service. We have worked with the
National Veterans Legal Services Program and other legal service providers to identify clients needing our help.
With so many soldiers returning from Iraq and Afghanistan with injuries and service-related health issues, a special
emphasis has been placed on providing legal assistance during the initial submission of benefits claims. In the case of
one Iraq war veteran, the efforts of Hogan & Hartson attorneys led to a service member being found eligible for medical
retirement, with a total disability rating of 70 percent.
The firm continues to receive referrals from veterans service organizations to assist with initial submissions and with
representations of current service members who have service-related injuries and health issues and need assistance in
managing the medical board process. The Denver office represents an army staff sergeant and Iraqi war veteran before
the medical evaluation and physical evaluation boards, as he seeks disability compensation for a combat-related hip
injury and post-traumatic stress disorder (PTSD). During an evaluation by an army psychologist, the doctor informed
the veteran that he was unable to diagnose him with PTSD because of pressure not to officially diagnose the disorder
in returning Iraqi war veterans. The veteran reported this comment, and the firm has counseled him as the incident has
gained notoriety, going so far as to cross the desks of several U.S. Senators. Firm attorneys have met with Senate staff
and worked to ensure that the veteran receives a fair evaluation of his conditions, despite this incident. Recently, the firm
has filed an appeal of his initial medical evaluation board findings, and plans to appeal the disability rating decision of
the physical evaluation board.
In Northern Virginia, our lawyers succeeded in analysis and advocacy that led to the transfer of a service member to a
location where he is nearer to health care providers for treatment of injuries from his service in Iraq.
44
Hogan & Hartson also continued its work for veterans at the appellate level. Firm attorneys gained a ruling from the U.S. Court of Veterans Appeals granting a veteran’s
disability claims based on post-traumatic stress disorder, and won a remand in another
disability benefits matter.
lawyers: John Stough; Elliot Sagor; Michael Smith; Christopher Schindler; Patrick Nevins;
Kevin Downey; Amy Roma; Daniel Metroka; Bill Elder; Erica Knievel; Richard Horan; Adam Brown;
Mike McGill; Meaghan Atkinson; Gideon Maltz; Ted Eich; John Redmon; Ellen Kennedy; Emily Yinger;
Tom Connally; Bryan Hawks; Patrick Perryman
BALTIMORE — HOMELESS VETERAN
COUNSELING
In connection with an initiative through the Homeless Persons Representation Project
(HPRP) in Baltimore, Maryland, we have been engaged to review the status of homeless or destitute veterans’ claims for benefits from the Department of Veterans Affairs
(VA). Much of the work involves tracking down necessary military service documents
(service records, medical records) and preparing a case for presentation before the VA
for benefits due (or, in many cases, reconsiderations of adverse determinations already
made). On occasion, the veteran has other, ancillary legal issues that arise in relation to
applications made and denied previously.
(DOL). The client appealed to the U.S. Court of International Trade (CIT). We secured
a remand of the contested decision to the department on favorable terms. On remand,
the DOL reversed its decision and granted our client TAA certification, entitling the
client to the various TAA benefits, including retraining and education funds. The CIT
affirmed the remand in an opinion issued by the CIT in December 2008.
lawyers: Gabriela Carias-Green; Craig Lewis
DISABILITY BENEFIT APPEALS
In conjunction with the Whitman-Walker Clinic Legal Program, the firm continued to
represent clients before the Social Security Administration. Attorneys and legal assistants filed requests for reconsideration from denials of benefits on behalf of those
living with HIV/AIDS in the Washington, D.C. metropolitan area. The firm undertook the
representation of two new clients in 2008. The firm obtained benefits on behalf of both
clients, including large amounts for back payments. Over the last year, we continued
our representation of one other client by appealing his further denial of benefits to the
federal district court level.
The firm represents many individual low-income people who need benefits or aid to
which they are entitled.
lawyers: John Smolen; Nicholas Stavlas; Andrea Trento
Hogan & Hartson represented a client, who suffers from advanced breast cancer, in a
hearing to appeal the Social Security Administration’s denial of her disability benefits.
Benefits For
Those in Need
The firm successfully prosecuted a Social Security Disability application on behalf of
a client who is suffering from a rare and debilitating form of dementia. Because the
government often takes several months or even years to evaluate disability applications, the firm requested expedited treatment for the application. The Social Security
Administration approved the application in less two months. The firm has since expanded its representation of this client to help on real estate related matters.
TRADE ADJUSTMENT ASSISTANCE BENEFITS
The firm assisted a local resident in the Domestic Relations Branch of D.C. Superior
Court. The client believed that child support payments had been deducted from his
Hogan & Hartson pursued a Trade Adjustment Assistance (TAA) claim filed by our pro
bono client and his colleagues who were terminated from a plastic extrusion machinery plant in Pennsylvania and had their TAA claim denied by the Department of Labor
45
paychecks from 1988 through 1996, when the youngest child was emancipated. The firm agreed to assist the client, as
the District of Columbia was suing him for child support arrearages of more than $40,000.
The firm successfully helped a twenty-year-old woman obtain disability benefits by appealing a denial to the Social
Security Administration. Our client had been in and out of several different psychiatric programs and residential treatment centers since she was nine years old. She has been diagnosed with bipolar disorder, attention deficit hyperactivity
disorder, and borderline personality disorder. The Social Security Administration awarded our client more than $600 in
monthly payments and approximately $8,000 in back payments.
Washington, D.C. partner
Melissa Bianchi was honored by the
Legal Aid Society of the District of
Columbia with its first Klepper Prize
for Volunteer Excellence. The Klepper
Prize, established by Marty and Arlene
Klepper, is a new award that recognizes an attorney early in his or her career
who has made a significant volunteer
contribution to Legal Aid. Melissa was
selected for her outstanding work in
leading the organization of Medicare
Part D clinics.
Hogan & Hartson represented an individual in a worker’s compensation claim against the D.C. Department of
Employment Services for several years. After receiving an adverse ruling from an Administrative Law Judge, we appealed
the decision to the D.C. Court of Appeals. In July 2008 the D.C. Court of Appeals ruled in our client’s favor and remanded
the case for rehearing.
lawyers: Douglas Crosno; Steven Hollman; Gary Urwin; John Beckman; Terence Kaden; Christopher Pickens; Alessandra Love Simons; René
Browne; Sharese Reyes; Jon Talotta; Thomas Trucksess; David Foster; Shaune Hawkins Langston; Eliza Andonova; Magdalena Grossman;
Philip Larson; Michaelynn Ware; Jonathan Grossman; Julie Ann McLaughlin; Corey Roush; Khang Tran; Andrew Ertley; Michael Steinberg;
Hanno Timner; Peter Dennin; Natalie Barefoot; Stephanie Carman; Mark Fredrick Moon; Wanda Whigham; Bruce Oakley; Tamera
Westerberg; Steven Hollingworth; Benjamin Holt; Jack Keeney; Patrick Perrin; Bernd Beckmann; Wolfram Hertel; Melvin Lefkowitz;
Andrea Ramezan-Jackson; David Isbell; James Zucker; Jeremy Stein; Klaus Goecke
Our assistance to individuals also takes the form of volunteer service at legal clinics:
• LEGAL AID SOCIETY OF THE DISTRICT OF COLUMBIA
In 2008, through a partnership with the Legal Aid Society of D.C., Hogan & Hartson agreed to provide volunteer attorneys to process intakes on site at the Legal Aid Society during its walk-in clinic hours. The attorneys assisted potential
Legal Aid Society clients with a wide range of issues including housing, public benefits, employment, and family law
issues.
• LAWLINE 9
• CHRISTIAN LEGAL SOCIETY OF DENVER
• ASIAN PACIFIC AMERICAN LEGAL CENTER
• D.C. BAR CLINIC
• UNIVERSITY OF COLORADO ENTREPRENEUR CLINIC
• COLORADO BUSINESS INCUBATION ASSOCIATION
46
• TOYNBEE HALL CLINIC
• COLORADO LEGAL SERVICES CALL A LAWYER
• ARCHDIOCESAN LEGAL NETWORK
• LAWWORKS
• CREDIT ABUSE RESISTANCE EDUCATION
• LEGAL SERVICES OF NORTHERN VIRGINIA
• BARREAU DE PARIS SOLIDARITE’
• COMPETITION PRO BONO SCHEME
• HOUSTON BAR ASSOCIATION LEGALINES
• DUKE TAX CLINIC
• FAIRFAX BAR FOUNDATION/COMMUNITY OUTREACH
lawyers: Brian Diamond; Lynne Puckett; Thomas Zeggane; Jun Wei; Roy Zou; Melissa Bianchi;
Alice Valder Curran; Karis Hastings; Elizabeth Jose; Joseph Krauss; Harriette Lopp; Robert Malkin;
Susan McAuliffe; Jordana Rubel; David Slotkin; Michael Smith; Jennifer Stillerman; Walter Stillwell;
Helen Trilling; Michael Vernick; Joel Winnik; John Wroldsen; Andrew Yen; Wylie Levone; Sujit Raman;
Keith Olivia; William Roberts; David Toy; Jared Crain; Danny Hart; Stephen Paine; Mark Kurtenbach;
Patrick Perrin; Michel Benitez; Eric Howard; William Kubida; Michael Martensen; Peter Meza;
David Neville; H. Christopher Bartolomucci; Rebecca Armour; Sarah Atkinson; Charlotte Grant;
James Jeffery; Oscar Johnson; Anna Kent; John McLean; Susan Namkung; Benjamin Ross; Oliver Searle;
Leon Sosnowski; James Vernon; Maureen Hanlon; Natalie Porto; Genevieve Treuille Wachtell;
Jennie Ingram; Stella Szeto; Ashley Dobbs; Hélène Bernhard; Alexandra Stadelmann; Emmanuel Tricot;
Matthew Giles; John Pheasant; Heather Cooper; Todd Miller; Brent Singley; Timothy Lyden;
Jennifer Flynn; Sarah Dean; Rachel Strom; Marianne Hallinan; Ira Greene; Brian Grieco; David Singer;
Gil Abramson; Daniel Hutman; Paul Manca; Daniel Meade; Meaghan Atkinson; Lauren Kanter;
Justin Coon; Elizabeth Grennan; Waajid Siddiqui; Hewan Teshome; John Booher; Mathias Schönhau
The firm is very proud to help organizations with the mission of
providing support to the neediest among us:
• AMERICAN RED CROSS/9-11 FUNDS
• ROCKY MOUNTAIN SURVIVOR’S CENTER
• CHRYSALIS
• CAPITAL AREA ASSET BUILDERS
• INTERSECT FUND, INC.
• FAYETTE STREET OUTREACH ORGANIZATION INC.
• GREYSTON FOUNDATION
• LAUREL ADVOCACY AND REFERRAL SERVICES, INC.
• BETHEL
• UNDERWEARNESS
• WELFARE LAW CENTER
• BALTIMORE OUTREACH SERVICES, INC.
• ADIE
47
all of our
communities
The Arts, Literature, and
Culture
LIFE PIECES TO MASTERPIECES
Firm attorneys successfully defended Life Pieces to Masterpieces (LPTM) against a summary eviction proceeding, and
settled the matter on favorable terms. The firm also helped LPTM negotiate new quarters at the Merritt School, a public
school building that is no longer used for public purposes. The firm continues to assist LPTM with real estate issues.
lawyers: Howard Rosenstock; Jennifer Jacobs; Ebise Bayisa
The Moscow office was
NEGRO ENSEMBLE COMPANY, INC.
recognized by Corporate
Hogan & Hartson provided legal advice to the Negro Ensemble Company, Inc., a theater production company in New
York City, with respect to its current theater activities, board of director functions, and contract with Actors’ Equity. As a
result of intensive negotiations, led by firm attorneys, the company was able to enter into contract with Actors’ Equity on
terms that left it in stronger financial health.
lawyer: Richard Basuk
CHILDREN’S MUSEUM OF DENVER
The firm continues to represent the Children’s Museum of Denver, a Colorado nonprofit corporation and one of the largest and most successful children’s museums in the country. We provide ongoing advice to the museum’s board of directors on a broad range of issues, including general business, operational, personnel, legislation, litigation, and intellectual
property matters. During 2008 we also assisted the museum in developing an agreement that allows reproduction on
other sites of a proprietary mobile, modular exhibit the museum developed, reviewed related issues, and drafted and
helped implement a conflicts of interest policy. We also continued to assist the museum in its acquisition and leasing
of additional land from the city and county of Denver to expand the museum, including the negotiation and drafting of
documents and the review of the environmental, land use, title, and survey documents.
Lawyer and the Public
Interest Law Institute for
its pro bono achievements
in 2008.
lawyers: David London; Nancy Clodfelter; Anthony Ryan; Annie Kao; Jennifer McClister; Melissa Sternfield; Gregory Walsh
49
TEATR NOWY
The firm assisted Teatr Nowy in establishing a new theatre in Warsaw to be managed by
Director Krzysztof Warlikowski. The events organized by the theatre are often available
free of charge to the public, promoting high culture. The theatre will be located on land
currently held by the city of Warsaw which is willing to participate in the project. We
rendered legal services to Teatr Nowy in many matters relating to real estate and intellectual property law, including analysis of cooperation agreements, license agreements,
and adaptation contracts.
lawyers: Oskar Tulodziecki; Marta Wysokinska
OPEN CHANNELS NY, INC. (DBA DIXON PLACE)
The firm continued its longstanding representation of Dixon Place, a nonprofit organization that serves as a home for performing and literary artists, and is dedicated
to supporting the creative process by presenting original works of theater, dance,
and literature at various stages of development. Over the last four years, numerous
Hogan & Hartson attorneys have worked to help Dixon Place secure its first permanent
theater space by providing legal counsel in connection with, among other things, the
purchase and development of the theatre space. In 2008 we handled two related litigations, in connection with the construction of this theater space. In November of 2008,
the court granted summary judgment in favor of Dixon Place, and Dixon Place has
opened its new theater for performances.
lawyers: Stacy Armillei; Eva Dietz; Alison George; Maureen Hanlon; Dennis Kiely; Amanda Krohn;
Mark Lemire; Jonathan Marden; Paul Sweeney; Mark Weinstein
YOUNG PLAYWRIGHTS’ THEATER
The only professional theater in Washington, D.C. dedicated entirely to arts education, Young Playwrights’ Theater (YPT) teaches students to express themselves clearly
and creatively through the art of playwriting. By publicly presenting and discussing
student-written work, YPT promotes community dialogue and respect for young artists.
50
We assisted YPT by advising the board and staff on governance issues and helped to
reorganize and streamline YPT’s corporate records.
lawyers: Michele Kulerman; James McMillan
AMERICAN SHAKESPEARE CENTER
The firm continued to assist the American Shakespeare Center (ASC) with corporate,
employment, intellectual property, and contracting matters. In addition to helping the
ASC pursue cybersquatters on its trademark, firm lawyers assisted the ASC on contracts
and provided corporate advice. The firm’s London office hosts the ASC’s planning meetings for the development of a replica of the Globe Theater in the United States.
lawyer: Lynne Puckett
KAMMERPHILHARMONIE AMADE E.V.
We continued our suppor for Kammerphilharmonie Amade e.V., one of Germany’s leading nonprofit chamber orchestras in proceedings against a concert promoter. We also
assisted the client on restructuring and related issues.
lawyer: Ulrich Amelung
The firm contributes to the arts in our communities around the
globe through representation of many arts organizations:
• LEMON SPONGE CAKE CONTEMPORARY BALLET COMPANY
• MUSEUM OF WESTERN COLORADO
• NEW YORK CITY CENTER, INC.
• COLORADO YOUTH SYMPHONY
• CHIKU AWALI AFRICAN DANCE COMPANY OF ROCKLAND
• TUTEURHAUS GMBH & CO. KG
• THE FIRE DEPT THEATER COMPANY
• INTERNATIONAL LITERATURE FESTIVAL BERLIN
• MUSICIANS WITHOUT BORDERS
• LEGAL ART
• INTERLOCHEN CENTER FOR THE ARTS
• SAN MIGUEL CONTEMPORARY ARTS CENTER
• ARTS FOR THE AGING
• WBGO
• ADRIENNE ARSHT CENTER FOR THE PERFORMING ARTS
• PEN/FAULKNER FOUNDATION
• FABERGE ARTS FOUNDATION
• FRIENDS AND SUPPORTERS OF THE MIES VAN DER ROHE HOUSE
• COLORADO SPRINGS FINE ARTS CENTER
• CLYFFORD STILL ART COLLECTION
• INTERNATIONALE BAUAKADEMIE E.V.
• WORLD ORCHESTRA FOR PEACE
• DO GOODER PRODUCTIONS, INC.
• WORLD FOUNDATION FOR MUSIC AND HEALING
• DEUTSCHER KULTURRAT
• REBEL THEATER COMPANY
• GREENPOINT MONITOR MUSEUM
• AMERICAN FRIENDS OF THE ENGLISH NATIONAL OPERA
• EPICENTER STORYTELLING PROJECT
• LYRIC FEST
• FINE ARTS WORK CENTER
• PLAYERS’ THEATRE CLUB
• MOVIE MEMBERS FILMPRODUKTION GMBH
• APOLLO THEATER FOUNDATION
• BAUHAUS ARCHIV E.V.
• FÖRDERVEREIN DES MUSEUMS BERGGRUEN BERLIN E.V.
• WAVERLY STREET GALLERY LLC
lawyers: Scott McInnis; Sherri Catalano; Anthony Ryan; Christopher Franciose; Markus Plesser;
Benjamin Hawks; Patrick Perryman; Martin Michaelson; Jonathan Marden; Dave Thomas;
John O’Sullivan; Deborah Ashford; Ted Eich; Elena Howell; Friedhelm Klinkertz; Stephan Bernhard
Koch; Anne Turner; Melissa Sternfield; Craig Umbaugh; Justus Schmidt-Ott; Carl-Stephan Schweer;
Peter Kohl; Theresa House; Jolene Negre; Deborah Wolfe; Ethan Glickstein; David Shuster;
Slade Metcalf; Allison Schoenthal; Edwin de la Rosa; Rodney Baker; Ivan Shiu; Allison George;
Wolfgang Kuhla; Carin Carithers; Jeffrey Munk; Kathleen Smith; Hoa Hoang; Gwen Mellor;
Peter Smith; Mitchell Feller; Andowah Newton; Arun Chandra
Faith, Cultural
Heritage, and
Community
THE TRINITY FORUM
We represented The Trinity Forum in a contract dispute. The Trinity Forum is a nonprofit
leadership academy that maintains a collection of resource materials, including the
Trinity Forum Readings, a series of books published several times a year that feature
short stories, essays, and classic stories. The Trinity Forum engaged a recording technician to record 20 narratives for the Trinity Forum Readings. The technician ultimately
failed to produce the recordings for the Trinity Forum and refused to return the advance
payments made to him. We helped The Trinity Forum obtain a judgment against the
defendant.
lawyer: Tom Widor
• GLOBAL ART NETWORKS
51
UNITED STATES CONFERENCE OF CATHOLIC BISHOPS
The firm advised and represented the U.S. Conference of Catholic Bishops in negotiations for charter flights to the
United States made by the Pope and other Vatican officials for his historic visit in 2008.
lawyer: Robert Cohn
Lawyers in the New York
MIAMI FINANCE FORUM
office — Arlene Chow, Russell
We assisted the Miami Finance Forum, a Florida nonprofit trade association in connection with corporate, not-for-profit
taxation, Web site, and contractual matters.
DeClerck, Maureen Hanlon, Ira
lawyer: Carlos Deupi
Schaefer, and former associate
Jennifer Schecter — were honored by New York Lawyers for the
Public Interest (NYLPI) at its First
Annual Pro Bono Advocate Awards
Breakfast, where they were recognized for assisting clients on matters referred by NYLPI through its
pro bono clearinghouse.
HEART OF AMERICA FOUNDATION
The firm served as principal counsel to The Heart of America Foundation on matters related to its annual fundraiser
“Sweet Charity,” and advised on board, corporate governance, and employment matters. We also reviewed and assisted
with the negotiation of various foundation contracts, including several contracts related to the foundation’s READesign
projects, pursuant to which the foundation redesigns, refurbishes, and restocks school libraries in need of improved
facilities and resources.
lawyers: Kevin Clayton; Dean Romhilt
MINORITY MEDIA AND TELECOMMUNICATIONS COUNCIL
The firm assisted the Minority Media and Telecommunications Council in the development of various communications
policy proposals to the Federal Communications Commission, and on corporate governance matters.
lawyers: Mark Brennan; Ari Fitzgerald
PETER JENNINGS FOUNDATION
The firm acted for the Peter Jennings Foundation in connection with the publication of Peter Jennings: A Reporters Life,
an intimate, comprehensive portrait of the late, legendary journalist and ABC News anchor. The firm also advised the
foundation in regard to its involvement with the The Peter Jennings Project for Journalists and the Constitution, a project
52
of the National Constitution Center intended to help both professional journalists and
students interested in journalism understand constitutional issues more deeply.
• RACETOTHEBOTTOM, INC.
lawyer: Mark Weinstein
• METRO DENVER SPORTS COMMISSION
• CONSTRUCTION FINANCIAL MANAGEMENT ASSOCIATION
• ST. FRANCIS PARISH
HABONIM DROR CAMP MOSHAVA
Habonim Dror Camp Moshava, a 75-year-old Jewish camp in northern Maryland, undertook a comprehensive effort to overhaul its governance structure, create a more efficient
board of directors, and place the organization on a sounder financial and organizational
footing. We also advised the organization on privacy issues involving the Web site and
marketing materials.
lawyer: David Sieradzki
FRIENDS OF HOMELESS ANIMALS
The firm assisted Friends of Homeless Animals, a private no-kill shelter located in
Northern Virginia. In addition to advising on corporate governance matters, including
the revision of various contract and agreement forms, and compliance with state law,
we have represented the shelter in disputed matters involving adopters and foster care
givers of both dogs and cats.
lawyer: George Carneal
• ST. JOHN’S EPISCOPAL CHURCH, NORWOOD PARISH
• THE GIVING SPIRIT
• HUMANE SOCIETY OF WARREN COUNTY
• BALTIMORE AREA AL-ANON INFORMATION SERVICE
• FOUNDATION ST. MATTHAUS
• WESTON SELECT COMMITTEE ON LEGAL REVIEW
• ASSOCIATION OF RETIRED POLICE OFFICERS FOR DC
• WOMEN’S QUEST FOUNDATION
• NATIONAL SCIENCE & TECHNOLOGY PARTNERSHIP
• GEORGETOWN SUPREME COURT INSTITUTE
• DENVER CITY ATTORNEY’S OFFICE
• EVANGELISCHER SCHULVEREIN LICHTENBERG e.V.
• NATIONAL EMERGENCY NUMBER ASSOCIATION (NENA)
• YONKERS SOUTH BROADWAY BUSINESS IMPROVEMENT DISTRICT
• DIOCESE OF CHERSONESE
Hogan & Hartson assists many organizations and congregations
that do important work in our communities:
• TRACE INTERNATIONAL
• BRADLEY HILLS PRESBYTERIAN CHURCH
• SELECTIVE RESOURCING LTD.
• DAVIS PHINNEY FOUNDATION
• GOSPEL LIGHTSHIP INTERNATIONAL INC.
• SHERIE BETH WEINSTEIN MEMORIAL FUND
• VIETNAM VETERANS MEMORIAL FUND
• FREDERICK COUNTY FIRE & RESCUE MUSEUM AND PRESERVATION SOCIETY
• AMERICA’S CHARITIES
• SALVADORAN AMERICAN CHAMBER OF COMMERCE OF FLORIDA
• NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL
• OPPORTUNITY IN LIVING
• ORANGE COUNTY REGULATORY AFFAIRS
• COLORADO FORUM
• BUCHDRUCKEREI LUTZ NESSING MIETRECHT
53
• GREATER BALTIMORE TENNIS PATRONS
• FRIENDS OF NEW ORLEANS RELIEF FUND
• BETTER BUSINESS BUREAU OF METRO WASHINGTON, D.C.
• CHRIST CHURCH OF ALEXANDRIA
• OLNEY BOYS AND GIRLS CLUB
• RESCUE ROSEGILL LEGAL DEFENSE FUND
• PEOPLE FOR THE AMERICAN WAY
• GREATER WASHINGTON SOCIETY FOR CLINICAL SOCIAL WORK
• CITY AT PEACE
• NATIONAL LEADERSHIP ROUNDTABLE ON CHURCH MANAGEMENT
• NEW SECTOR ALLIANCE
• LOS ANGELES COUNTY LAW LIBRARY
• COLORADO BIOTECHNOLOGY ASSOCIATION
• TUSKEGEE AIRMEN INC.
• ALIVE! INC.
• CENTER FOR PROGRESSIVE REFORM
• TUESDAY’S CHILDREN
• ZETA PSI ALUMNI ASSOCIATION
• DORIS DAY ANIMAL LEAGUE
• NATIONAL CAPITAL AREA PARALEGAL ASSOCIATION
• ALLIED JEWISH FEDERATION/SCHELP THE SLOPES
• AVONDALE CITIZENS ASSOCIATION
• JEWISH COMMUNITY CENTER OF GREATER BALTIMORE
• EMMANUEL EVANGELICAL CHURCH
• UJA-FEDERATION OF NEW YORK
• RIVERVIEW TECHNOLOGY CORPORATION
• CITY YEAR OF WASHINGTON, D.C.
• VIRGINIA BETA CHAPTER, PHI KAPPA PSI, INC
• BRADY CENTER TO PREVENT GUN VIOLENCE
• FLORIDAFIRST
• THE LGB&T COMMUNITY CENTER (New York City)
• MT. ZION AFRICAN METHODIST EPISCOPAL CHURCH (Odenton, Maryland)
• ST. MATTHEW LUTHERAN CHURCH (Washington, D.C.)
• CHINA SONGSHAN SHAOLIN TEMPLE
• CHIZUK AMUNO CONGREGATION
• CHINESE BIOLOGICAL INVESTIGATOR SOCIETY
• RELIGIOUS ACTION CENTER OF REFORM JUDAISM
• JUNIOR LEAGUE OF WASHINGTON
• MARYLAND ZOO IN BALTIMORE
• NATIONAL CONSTITUTION CENTER
• TOWSON UNITED METHODIST CHURCH
• CATHOLIC CHARITY INST. OF THE HOLY ST. ELISABETH
• HINENI HERITAGE CENTER
• FAIR INSURANCE RATES FOR MONROE COUNTY
• TEMPLE SHAARAY TEFILA
• NATIONAL DEMOCRATIC INSTITUTE FOR INTERNATIONAL AFFAIRS
• CENTRAL CONFERENCE OF AMERICAN RABBIS
• BLESSED SARNELLI COMMUNITY
• COMMUNITY FOUNDATION SERVING BOULDER COUNTY
• NATIONAL FEDERATION OF INDEPENDENT BUSINESS LEGAL FOUNDATION
• INTER-MEDIATION
• UNITED WAY MOSCOW
• TIFERETH ISRAEL CONGREGATION
• GLOBAL ACTION ON AGING
• PEACEJAM
• PROJECT PAVE
54
• FACING HISTORY
• VIRGINIA BIOSCIENCES DEVELOPMENT CENTER
• PET HARBOR RESCUE & REFERRAL, INC.
• HINDU AMERICAN FOUNDATION
• PARTNERSHIP FOR SUSTAINABILITY
• VENEZUELAN CATHOLIC CHURCH
• MOSCOW PROTESTANT CHAPLAINCY
• DISTRICT OF COLUMBIA CHAMBER OF COMMERCE
• DENVER 2008
The Miami office won the
Don Quixote Pro Bono Attor-
• NEW LIFE CHRISTIAN CHURCH
ney award at the Guardian ad
• FEDERAL CHAMBER OF NOTARIES
Litem Annual Volunteer Recog-
• HAGERSTOWN AND FREDERICK RAILWAY HISTORICAL SOCIETY, INC.
• GREATER ST. PAUL AME CHURCH
• DOWNTOWN SAILING CENTER
• COLORADO BLACK CHAMBER OF COMMERCE FOUNDATION
lawyers: David Burgett; Carin Kutcipal; Oleg Sabel; Curtis Jewell; Nicholas Heinke; Sherri Catalano; Tara Dunn; Richard Mattera; David
Neville; Timothy Aragon; Tyler Harvey; Prentiss Feagles; William Neff; Vi Nguyen; Craig Ulman; Afra Canaris; Monica Burke; George Carneal;
Ashley Dobbs; Julie Ann McLaughlin; Nancy O’Neil; Julian Seiguer; Dennis Tracey; Anthony Ryan; John Hayes; Stephen Paine; Philip Porter;
Mary Ellen Callahan; Susan Cook; Alexander Dreier; David Demarco; Jaasi Munanka; Dugan Bliss; Valentin Todorow; Kimberly Reindl; Stella
Szeto; Marina Ufaeva; Christine Pallares; Xenia Legendre; Vanessa Liborio; Keith Trammell; Jason Nelson; Cornelia Gorn; Jörg Meissner;
Rebekka Rakowsky; Andrea Ward; Robert Washington; David Gibbons; Sandy Mayo; Steven Kaufman; Timothy Lyden; Tripp Monts; Howard
Silver; Stephen Lawrence; Jale Lowery; Harry Jones; Shaune Langston; David Bonser; George Salter; Robert Mintz; Gil Abramson; Michael
King; Brian Black; Christian Palmieri; Andrea Sluchan; Jessica Feingold; William Kahn; Tu Thanh Nguyen; Elisabeth Ohman; Jim Rosenhauer;
Toby Smith; Donald Wecht; Samuel Wolfe; Lynne Puckett; Isabel Dunst; Scott Haiber; Kevin Gralley; Joseph Rackman; William Roberts;
Audrey Reed; John Stanton; Siobhan Rausch; Audra Savage; Latane Montague; Todd Miller; William Ferreira; Kenneth Klein; T. Clark
Weymouth; Elizabeth Donley; Christopher Berry; Scott McInnis; Duncan Klinedinst; Thomas Woolsey; Richard Becker; Roy Zou; Sascha Herms;
Patrick Raher; Michelle Adams; Ashaki Noni Holmes; Sarah Mengers; Deborah Staudinger; Nikita Sokolov; Tarah Grant; Michael Long;
Cullen Taylor; Nathaniel DeRose; Shehzad Niazi; Mital Gondha; Sujit Raman; Jordana Rubel; Michael Elliott; John Miller; Alethia Nancoo;
Cole Finegan; Erin Jensen; Scott Reisch; Craig Umbaugh; Adam Brown; Amanda Doyle; Emily Glendinning; Charles Neff; John Shults; Carine
Stoick; Max Braeuer; Henry Kahn; Katie Cooper; William Inter; Lauren Colton
nition Banquet for the firm’s efforts in representing a guardian
ad litem in what the program
described as “the most contentious, adversarial and time consuming case in the history of the
Guardian ad Litem Program.”
55
2008 CSD STAFFING
PARTNER IN CHARGE
Pat Brannan
2008 CSD PARALEGALS
Kim Whaley
Katie Sheridan
2008 Administrative Assistant
PARTNERS FOR DEVELOPMENT OF
INTERNATIONAL AND TRANSACTIONAL PROJECTS
Michael Cheroutes
Bruce Gilchrist
SENIOR ASSOCIATES
Melissa Henke (January – November 2008)
Tom Widor (December 2008)
Toby Smith (New York, January – October 2008)
Sabrina Cochet (New York, November 2008)
2008 CSD ROTATORS
Abby Kurland
Ashley Dobbs
Jackie Gharapour
Aaron Mahler
Michael Sevi
Erica Knieval
Jordana Rubel
Elizabeth King
Chris Lott
Sarah Olson
Kimberly Proctor
Our CSD Work could not proceed without the efforts of the
firm’s many professional staff. Hogan & Hartson professionals
consistently show the same commitment and excellence in the
performance on our CSD work as they show on our billable
matters. Thank you to the many professionals below who spent
20 hours or more on CSD work during 2008.
SUMMER ASSOCIATES: Emily
Dubansky; Lindsay Goldberg; Emily Buckley; James Fipp; Emily
Lyons; Jesse Menlove; Carrie Stanley; Thomas Jackman; David Skaar; Catherine Dorvil;
Eli Sugarman; Daniel Whyte; Jacqueline Lee; April Whitescarver; Ashley Antler; Kevin
Baumann; Karen Chesley; Emily Deininger; Janos Marton; Meghan Overgaard; Kyle Sawa;
Melissa Anderson; Robert Baldwin; Ryan Bickmore; Lindsay Breedlove; Daniel Brown; Joel
Buckman; Eric Bukstein; Katie Burke; Mari Calder; Wesley Carrington; Lauren Chamblee;
Carroll Chancellor; J. Trevor Cloak; Karen Courtheoux; John Degenova; Pamela Dorsey; Sonja
Elder; Erin Estey; Brian Eyink; Elizabeth Galezio; Brendan Groves; Brooks Hanner; Kimberly
Herb; Shannon Hodge; Germaine Ho; Allison Holt; Menaka Kalaskar; Thomas Kennedy;
Geoffrey King; Megan Kraft; Kathryn Lannon; Ashley Lawson; Elizabeth Liadis; Ruoweng
Liu; Anna Melamud; James Nelson; Seth Niedermayer; Carrie Pagnucco; William Partlett;
Benjamin Persina; Joanna Persio; Erika Rickard; Nicole Ries; Inga Rubin; Scott Shackelford;
Kindl Shinn; Matthew Sullivan; Philip Trout; Brandon Wilson; Evan Winerman
SPECIALISTS: Natalie
Brinkman; Donna Fagerstrom; Claudia Morgan; Renetta Deblase;
Ana Kareem; Alex Dale; Anjali Sukhtankar
56
PARALEGALS: Meredith
Maller; Dana Catt; Veronica Ehrenzeller; Lupe Sanchez; Chiaki
Shingyouchi-Hall; Monique Gonzaque; Gladys Cata; Olga Garcia; Nery Toledo; Albert
Hagovsky; Natoya Duncan; Eve Lettvin; Gretchen Lindsay; Toby Saviano; Monet Jones;
Rita Masino; Neil Dyson; Coleen Lennon; Sara Shea; Kimberlee Whaley; Katherine Herman;
Rasheida Knight; Martha Naughten; Julie Ramirez; Kathleen Sheridan; Darcy Melo;
Carolyn Crandall; Meredith Fox; Joanna Beck; Mirja Becker; Mahgol Sharili
INFORMATION RESOURCE CENTER: Dawn
Johnson; Margery Fernald; Sean Atherton;
Paolo Corleto; Xenia Mannone; Catherine Zhang; James Brown; Jeremy Glasser; David
Smith; Elisabeth Ohman; Lisa Regisford-McLeod; Donald Wecht; Leslie Burke; Ildefonso
Daguiso; Linda Defendeifer; Craig Hedges; Elena Howell; Christina Kelley; Joan Kohout;
Tomasz Kolodziej; Diana Moltrup; Margaret Mona; Chelsea Palcher; Constance See;
Elizabeth Sutton
CONSULTANTS AND ADVISORS: Rita
Hayes (Senior Advisor); Nancy Granese (Senior
Governmental Affairs Advisor); Ignacio Jauregui (Special Legal Consultant); Christine
Warnke (Senior Governmental Affairs Advisor)
LAW CLERKS: Michael
Beylkin; Jan Kaczmarczyk; Edyta Krukowska-Szczerba; Ewelina Praga
ADMINISTRATORS: Marie
Ferrara; Tu Thanh Nguyen
INTERNATIONAL INTERNS: Rafael
TRANSLATORS: Roman
Loureiro; Pierre Larcher
Dorian; Ekterina Ivanova
OTHER TIMEKEEPERS: Jessica
Tartanella; Darryl Jones
THE CSD ALSO THANKS THE WASHINGTON, D.C. WORD PROCESSING
DEPARTMENT FOR THEIR DILIGENCE AND PATIENCE IN WORKING ON THIS
REPORT. IT COULD NOT BE DONE WITHOUT THEIR CONTRIBUTION.
57
Abu Dhabi | Baltimore | Beijing | Berlin | Boulder | Brussels | Caracas | Colorado Springs | Denver | Geneva | Hong Kong
Houston | London | Los Angeles | Miami | Moscow | Munich | New York | Northern Virginia | Paris | Philadelphia | San Francisco
Shanghai | Silicon Valley | Tokyo | Warsaw | Washington, DC | www.hhlaw.com