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Pro Bono
Person to Person
2010 Pro Bono and
Community Service Report
Inside This Issue
Foreword 1
Sidley’s Firmwide Initiatives
■■ Capital Litigation Project 2
■■ Political Asylum and Immigrants’ Rights Project 4
■■ Veterans Benefits Project
10
Pro Bono on the Homefront
■■ Children and Families
12
■■ Civil and Human Rights
12
■■ Community Support
14
■■ Criminal Defense
16
■■ Homelessness and Poverty
18
■■ Housing and Consumer Rights
19
■■ National Security
19
■■ People With Disabilities 20
Pro Bono From a Global Perspective
22
Sponsorship of Pro Bono Graduate Fellows and Deferred Associates
25
Pro Bono Honors and Events
26
Pro Bono and Public Interest Law Committee Members
31
Foreword
S
idley’s 2010 Pro Bono and Community Service Report offers a slightly different perspective
from other years’ reports. This year, we focus on the impact of our pro bono work on a
personal level, offering the accounts of lawyers and clients to illustrate the profound
effect our work has not only on the people we serve, but on the lawyers and staff who give their time
and energy to pro bono service. These personal stories reveal that pro bono work truly can be a lifechanging experience. Many of our lawyers have worked on matters that might not capture headlines,
but the results of which have materially altered the lives of our clients. Their gratitude is the greatest
compensation many of us will ever earn over the course of our careers. Through the 86,485 hours Sidley
lawyers and staff have devoted to pro bono work in 2010, we have received more than we have given.
We are privileged to serve our communities, our country and our neighbors throughout the world, and
we thank our clients for allowing us such broadening and enriching opportunities to serve.
Thomas A. Cole
Chair, Executive Committee
Charles W. Douglas
Chair, Management Committee
2 • Sidley Austin LLP • 2010 Pro Bono and Community Service Report
Capital Litigation Project
More than 100 Sidley partners,
counsel and associates , along with
Caroline Schiff represented Mr. Gavin in
that Mr. Gavin did not receive the effective
an important Rule 32 evidentiary hearing
assistance of counsel at either the guilt
legal assistants and project assistants,
in the Circuit Court for the County of
or sentencing phase of his trial. The
have volunteered more than 93,000 hours
Cherokee, Alabama. The principal claim
matter has now been fully briefed and we
to these cases since the inception of the
raised (and the focus of the hearing) was
are awaiting a decision. Sidley attorneys
project. In 2010, lawyers donated more
than 11,500 hours to the representation of
these men on death row.
Sidley’s ability to represent Alabama’s
death row inmates effectively has been
aided greatly by the firm’s six-year
partnership with the ABA Death Penalty
Representation Project and the Equal
Justice Initiative of Alabama (EJI). EJI is a
nonprofit organization based
i n M o n t g o m e r y, A l a b a m a ,
that has achieved
national prominence
from its advocacy on
death penalty issues.
EJI provides on-going expert
guidance to Sidley’s lawyers on Alabama
post-conviction practice and procedure.
continUing efforts
CH On death row for nearly ten years,
Keith Gavin sought the assistance of
EJI. In February 2010, Sidley lawyers
Prentice Marshall, Jr., Melanie Walker and
P erson
to
P erson :
The Equal Justice Initiative (EJI)
was started in 1989. We’re a
completely private nonprofit organization,
trying to meet the needs of the largest
death row per capita in the country. We
were absolutely persuaded that innocent
people would be wrongly convicted and
executed in a system that had so little
reliability, that was so comfortable with
error. That’s when we began trying to
provide legal representation, but also trying
to partner with firms like Sidley who we
believed could bring high-quality services to
a client population who were literally dying
for legal assistance.
We recently recorded our 100th reversal
for a death row prisoner here in Alabama
over the last 20 years. We’ve been fortunate
to win the release of people who were
wrongly convicted. In 1993, we proved a
wrongful conviction of Walter McMillan and
that began a wave of exonerations that has
really undermined confidence in the death
penalty and sparked a lot of reforms, both
at the federal level and state level.
In addition to providing critically-needed
services to people who are on death row,
Sidley has played an important role in
confronting racial bias and discrimination in
jury selection, fighting bias against the poor
who are not adequately defended, and
challenging the problems of people with
disabilities and mental illness who are on
death row. Documenting and illuminating
that last problem has been critical to
challenging the propriety and legality of
some of the death sentences that have
been imposed.
Our relationship with Sidley is by far the
most successful and productive relationship
we’ve had with a law firm. The lawyers that
we work with are dedicated and focused.
A lot of the litigation is very complicated.
There are legal challenges. There is
factual development. It is a complex area
of the law, and we’ve seen the kind of
commitment that is really inspiring. The
volume of cases that Sidley has taken is
simply unprecedented. There’s not another
firm in the country that has taken on the
volume of cases and made the kind of
commitment to high-quality
legal assistance that Sidley has.
— Bryan Stevenson,
Executive Director, EJI
Sidley Austin LLP • 2010 Pro Bono and Community Service Report • 3
in New York, Chicago and San Francisco
Hanrahan, Keenan Kmiec*, Meehan Rasch
background on and promote participation
represented two other Alabama death row
and summer associate Laura Richardson.
in the Project. About 60 lawyers, including
inmates in evidentiary hearings in 2010.
Jen House* and Sarah Adamczyk*
senior and managing partners from several
assisted the team with a prior application
of the major law firms in D.C., attended
for rehearing in the Alabama Court of
the event. The program featured a training
Criminal Appeals. Tom Hanrahan, Nitin
session that included information about
Reddy, Meehan Rasch and Chris Gaul (CH)
training, timing, the need for experts,
completed the merits briefing.
ethical issues, investigations, and the
LA In October 2010, death row inmate
Willie Earl Scott received positive news on
his appeal—the Alabama Supreme Court
agreed to consider Mr. Scott’s case. Working
with Project Director Kelly Huggins, the
team handling the certiorari petition and
DC In March, Sidley’s D.C. office hosted
prior petition for rehearing in the Alabama
an American Bar Association Death Penalty
Court of Criminal Appeals consisted of Tom
Representation Project event to provide
P erson
to
P erson :
We probably had the same level
of skepticism that everyone gets
in these cases. Maybe you’ll have
something on the sentencing side. If you’re
very lucky, you’ll have something on the
guilt-innocence side. But as we dug in it
quickly became apparent to us that we had
a really strong actual innocence case. And
then that got even better when we flew
down to Alabama and met our client—polite
and thoughtful and really appreciative of our
work. It’s been a life-changing experience
from those first days onward.
In terms of our fact development, we’re quite
happy. In terms of actually getting those facts
heard and determined, it is frustrating.
In these cases, you are a counselor in the
legal sense, but you are also a counselor in
the emotional sense. Our client has been
in prison for roughly 15 years. He doesn’t
have a lot of outside contact, and so he
relies on us for guidance and even for social
interaction. It is a different relationship, but
it is a rewarding one. We hear about his
dreams and his aspirations - those things
aren’t exhausted when one goes to prison,
especially when that person has been
maintaining his innocence for 15 years.
I’d say that this project is emblematic of
Sidley’s commitment to pro bono. My pro
bono cases were never looked at differently
than my paying cases and there were real
resources that went to them. Those sorts
of things make doing pro bono work here
a real pleasure. Many of us came from
public interest organizations where the
relationship with a client. Washington,
D.C. area attorneys, including Ron Flagg,
discussed their experiences as volunteer
death penalty lawyers.
commitment is obviously there but the
resources aren’t: you’re making your own
copies, you can’t afford experts. At Sidley,
all of that changes. There’s this huge
institutional commitment. There are great
institutional resources. I love the work I do
for our paying clients. I find it intellectually
engaging and I really enjoy those client
relationships. But I don’t think my career
would be complete if I weren’t doing pro
bono work. It is as natural as
anything else I do at the firm.
— Eamon Joyce,
Sidley Partner
PROJECT HISTORY
In December 2004, Sidley attended an ABA-sponsored meeting in which Robin Maher, Director of the ABA Death Penalty Representation Project,
spoke of the desperate need for legal assistance for defendants on death row, citing the need in Alabama as especially acute. In response, Sidley
established its Capital Litigation Project through which the firm represents indigent inmates on Alabama’s death row in their post-conviction
proceedings. The need for the project remains critical. At the end of 2010, Alabama had 204 prisoners on death row. Approximately a quarter of the
death sentences in Alabama are the result of judicial override of jury recommendations of life in prison by elected judges. In 2010, Alabama executed
more people than any state other than Texas and Ohio, and more people per capita than any state.
Over the past six years, Sidley has represented 21 prisoners incarcerated on Alabama’s death row. John Gallo spearheads the Project, and Kelly
Huggins manages the work from our Chicago office. A team of lawyers and legal assistants represents each client, traveling to Alabama to visit clients,
interview witnesses, and participate in hearings. In addition, some of the teams include in-house lawyers from two of the firm’s largest clients, Aon
Corporation and Exelon Corporation, who participate fully in all aspects of the representation.
* indicates former Sidley lawyer or staff member
Political Asylum and Immigrants’ Rights Project
More than 60 Sidley lawyers are
currently working on matters through
as refugees. At that time, our client also
the Political Asylum and Immigrants’ Right
in the U.S. on a student visa. In February,
Project. In 2010, Sidley lawyers donated
Sidley persuaded a U.S. immigration officer
over 8,000 hours to work on behalf of
to grant him asylum. Stephen Rutenberg
asylum seekers and other immigrants. In
and Josh Levy handled the case with Gina
Sidley helped more than 50 persecuted
DelChiaro’s assistance.
immigrants gain asylum and other types
of legal status and represented numerous
immigrant victims of domestic violence
and other crimes.
escaped and was able to join his family
SF The Lawyers’ Committee for Civil
Rights referred a woman from Mexico
and her two minor children who fled to
the U.S. after suffering years of physical
asylUm cases
DC As a result of her Pentecostal Christian
and psychological abuse at the hands
religious beliefs, our client, a woman from
Federal law provides that individuals
of the woman’s husband in their home
Eritrea, had been severely persecuted.
who have suffered or fear persecution in
country. In May, a Sidley team obtained
Among other abuses, she had been
their home country based on their race,
asylum for the family, arguing that,
imprisoned in a metal shipping container
religion, nationality, political opinion or
based on the woman’s membership in a
in the Eritrean desert after she was found
social group may apply for asylum in the
particular social group and her religious
participating in a Bible study group. United States.
beliefs, she and her daughter would
Because Sidley filed a successful asylum
face similar abuse if they were forced to
petition on her behalf, our client (a college
return to Mexico. We convinced the U.S.
nursing student), is now eligible to become
Department of Homeland Security that
a permanent resident and will be able to
Mexican authorities systematically refuse
apply for citizenship in the future. Betsy
or fail to protect the interests of abused
Howe and Freddie Bunch* handled the
women and girls. The case was handled
case under Marinn Carlson’s supervision. by Amanda Hassid* and Sheila Armbrust
Human Rights First processed the case and
under the supervision of Michael Rugen.
referred it back to us after Jay Jorgensen
Legal assistant Gabby Rodriguez provided
met our client’s sister at an immigration
critical translation support.
law conference.
NY An Iranian citizen of the Bahá’í
faith sought our assistance after he fled
his homeland following his family’s
persecution. Members of his family had
lost their jobs, the government had seized
their land and some of his relatives had
been imprisoned and tortured. Our client
was interrogated several times and the
Iranian secret police threatened him
because of his faith. His parents were
eventually able to leave Iran for the U.S.
DC Through more than two-and-a-half
high burden of proof. Working under tight
obtain legal status and the tremendously
years, five immigration court hearings,
time constraints, Sidley filed a detailed
long wait for a decision on the I-485
four significant filings, three changes
application supported by expert reports
qualified as extraordinary circumstances
in the presiding immigration judge and
and police and medical records evidencing
justifying an exception to the one-year
a petition for the writ of habeas corpus in
the Mongolian Government’s indifference
deadline for filing an asylum petition. Her
federal court, a team of Sidley lawyers has
to our client’s domestic abuse. Our client
petition was granted in September 2009.
been helping a Yemeni couple remain in
received asylum in September. Ben Keith
Megan Beer and Justin Piper handled the
the U.S. The husband, who had resided
and Tom Heisler handled the matter under
case, under the supervision of Russ Cass.
in the U.S. legally since 2000, lost his
Mel Washburn’s supervision.
asylum status because he had failed to
disclose on an immigration form that he
had secretly returned to Yemen to visit his
ailing mother. We were able to overcome
some challenging facts to obtain relief for
both clients. The court granted his wife
asylum and granted him protection under
LA Suffering both political and economic
CH The National Immigrant Justice Center
persecution in his native Venezuela
referred to us the case of an incredibly
because of his gender identity and for
brave Tutsi woman who survived the
his opposition to Venezuelan President
1994 Rwandan Genocide and testified
Hugo Chávez, a man turned to Immigration
in Rwanda’s gacaca courts against the
Equality for assistance. It referred him
to Sidley and we were able to negotiate
There’s no analogue to telling
the Convention Against Torture (CAT),
an exception to the one-year deadline
someone you’ve gotten them
despite a nationwide grant rate of just 2%
for filing an asylum petition based on
asylum. It’s very tangible when the
for CAT claims in 2009. The Sidley team
result is so important and could
included Robert Keeling, Andrew Shoyer,
mean someone’s life or death.
Noah Clements, Elisa Jillson, Katie Strong
Carner, Aaron Wredberg, Stephen Blank
and Matthew Wright*.
– Megan Nogasky Beer
Sidley Associate
the extraordinary circumstances of our
client’s gender transition from female to
male since entering the U.S. In October,
he was granted asylum. Hsin-Hsin Yang*,
Sarah Adamczyk*, Meehan Rasch and legal
individuals who had attacked her and killed
secretaries Leandra Dixon and Martha
CH Recently, the U.S. Department of
her family. After the perpetrators were
Ocab handled the case.
Homeland Security filed a brief in a case
released they again assaulted our client
similar to our case involving a Mongolian
and attempted to kill her. She fled to the
woman and her daughter, setting out
U.S. in 2004 and filed an I-485 application
its “current position” that domestic
for lawful permanent residence in 2005,
violence victims can qualify for asylum
which was not rejected until 2009. We
but that their applications must meet a
argued that our client’s diligent efforts to
DC Our client, a 69-year old Burmese
man, was visiting his son, an asylee
in the U.S., when the 2007 “Saffron
Revolution” protests broke out in Burma.
His wife had apparently participated,
PROJECT HISTORY
In 2006, Sidley established its second significant firmwide pro bono initiative, the Political Asylum and Immigrants’ Right Project. Mel Washburn of
our Chicago office and Martin Gold of our New York office spearhead the initiative, and Kelly Huggins manages the Project out of our Chicago office.
The Project is designed to help indigent asylum seekers and other indigent immigrants seeking legal status in the United States. Since the Project’s
inception, Sidley has helped 50 individuals gain asylum. The Project also includes representation of immigrant minors, and Sidley lawyers have
handled Special Immigrant Juvenile Status cases on behalf of immigrant children who have been abused, abandoned or neglected by their parents or
legal guardians. Sidley accepts cases from Kids in Need of Defense (KIND), a national children’s advocacy initiative, and has pledged to donate 500
hours a year over three years to represent unaccompanied minor immigrants.
Clients Exelon Corporation and Caterpillar, Inc. have joined forces with Sidley to provide assistance to immigrants. In the Fall of 2007, Sidley and
Exelon began a quarterly clinic to help asylees and refugees obtain lawful permanent resident status and bring family members to the United States.
Through these clinics, Sidley and Exelon together have served over 140 clients to date.
continued
and has since been imprisoned without
sufficient cooperation to law enforcement
NY A St. Lucian woman fled to the U.S. to
any outside contact. Even though his
to qualify for a U visa. We ultimately
escape the abuse and harassment of her
last overt political activities were more
prevailed and our client received her U visa.
estranged husband. After her husband
than 20 years ago, Burmese military
By cooperating with local authorities, these
found her in New York, he broke into her
intelligence agents labeled our client a
women are on the path to safety as well
apartment, choked her and then held a
traitor. Human Rights First referred the
as permanent residence and ultimately,
knife against her throat, threatening to kill
case to us after the Arlington Asylum Office
citizenship. The Sidley and Caterpillar, Inc.
her. Our client assisted the Kings County
denied the client’s asylum application on
lawyers and legal assistants in multiple
District Attorney’s office in his prosecution
inconsistency grounds. Arguing a credible
offices who helped these remarkable
for these crimes and we obtained a U visa
fear of persecution, the team succeeded
women include: Anne Falvey, Blake Fillion,
on her behalf. Kristen Peel handled this
in obtaining asylum for our client. Noah
Melissa Glasgow (Caterpillar), Chisoo
matter.
Clements, Yemi Oladeinde, Eric Solovy,
Kim, Lucy Kurczewski*, Scott Macdonald,
Seema Kakad and Hans Leaman* handled
Meredith Jenkins Laval, Marketa Lindt,
the matter.
María Meléndez, Ashley Pfeiffer, Andrea
U Visa and Violence Against
Women Act (VAWA) Cases
Reed, Arturo Rodríguez, Sumitha Solai,
Sidley has taken on an increasing number
Preston Swapp*, Mel Washburn and Aryeh
Zarchan.
CH The National Immigrant Justice
Center referred to us a matter in which we
represented a woman from Mexico who
was severely and repeatedly abused by her
husband, a U.S. citizen. On the woman’s
behalf, we successfully petitioned for
of cases seeking relief for immigrants who
NY In February we obtained a U visa on
employment authorization, relief under
have been victims of domestic abuse and
behalf of a woman from Barbados who
VAWA and lawful permanent residence.
other crimes. The U visa is a remedy for
was hospitalized after one of many brutal
Megan Beer and Margie Téllez, under the
immigrant victims who have helped with
assaults by the father of her child. Our
supervision of Mel Washburn, handled this
the investigation or prosecution of certain
client assisted the Kings County District
case.
crimes. Successful U visa petitioners
Attorney’s Office with the investigation
receive employment authorization and
and prosecution of the man for domestic
lawful status in the U.S. for four years,
violence. Cliff Fonstein and Kristen Peel
when they become eligible to apply for
handled this matter.
lawful permanent residency. The Violence
Against Women Act (VAWA) self-petition
is a remedy for immigrant victims married
to abusive U.S. citizens and green card
holders. Successful VAWA self-petitioners
are granted employment authorization and
lawful status in the U.S. until they receive
legal permanent residency.
CH/NY In 2010, Sidley helped nine
women and their families from Mexico
obtain U visas. Each of them had harrowing
stories of brutal physical and mental abuse
inflicted by their spouse/boyfriend. One
case presented an unusual issue when
the government asserted that because our
client initially declined to press charges
against her husband, she did not provide
CH After immigrating to Chicago, our
CH Sidley filed a VAWA Petition and
applied for Adjustment of Status and
Employment Authorization for a woman
from Mexico. On June 30, 2010, the
adjustment application was granted,
Lithuanian client was physically abused
by her former boyfriend in front of her
daughter and another minor child. The
woman participated in the investigation
and prosecution of the man for domestic
battery and a U visa was granted. David
Zampa and Lindsey Smith handled the
matter.
CH In a particularly shocking case, a man
shot our client, a Polish immigrant, twice
in the back after she refused his advances.
She participated in the investigation and
prosecution of her assailant for attempted
murder. As a result, Sidley was able to
obtain a U visa for her. Russell Cass and
Lindsey Smith represented the woman.
Daria Fisher Page from KIND conducted an SIJS
training at Sidley’s Washington, D.C. office in August.
Photo Credit: CEJI
allowing our client to remain in the United
proscription of judicial review applies only
CH In another successful waiver case,
States legally as a permanent resident.
to determinations made discretionary by
a Sidley team helped a client who was
She also received work authorization. Our
statute, not to determinations declared
originally from Mexico. In February 2009,
client was a victim of domestic violence
discretionary by the Attorney General
we filed an I-601 application (for Waiver
in the United States and fully cooperated
through regulation. Jeff Green, Quin
of Grounds of Inadmissibility) on behalf
with the authorities in prosecuting the
Sorenson and Amy Hanke worked with
of the client’s wife with the United States
perpetrator. Ryan Turley handled the
Charles Roth of the National Immigrant
Citizenship and Immigration Services office
matter under Tracey Nicastro’s supervision.
Justice Center on the brief.
in Ciudad Juárez, Mexico. The decision on
Other Immigration Relief
DC F i g h t i n g d e p o r t a t i o n , a l a w f u l
DC Sidley filed a Supreme Court amicus
permanent resident who was a native of
brief on behalf of nine immigration rights
Sudan had been barred from re-entering
organizations supporting petitioner in
the U.S. based on a prior criminal
Kucana v. Holder, 558 U.S. __ (2010). The
conviction. Arguing entitlement to a
petitioner had argued that the Board
statutory waiver under the Immigration and
of Immigration Appeals had “abused
Naturalization Act, we obtained a waiver
its discretion” in denying his claim to
of removal after producing evidence and
reopen his case when it failed to consider
witnesses who testified that our client’s
an affidavit testifying to the dangerous
deportation would inflict extreme hardship
conditions in Albania. The Seventh Circuit
on his wife and children, all of whom are
held that it lacked jurisdiction to review the
U.S. citizens. Ben Sachs* handled the case
matter. The Supreme Court agreed with
under Jim Young’s supervision.
our amicus brief and held that the statutory
the I-601 currently takes 15 months, during
which time the client’s wife was required
to remain in Mexico—separated from her
husband and all of her grandchildren.
The application was granted, permitting
the client’s wife to return in June to the
U.S. and her family as a lawful permanent
resident. The Sidley team consisted of
Tim Payne, Diana Bauerle, legal assistants
Lucy Kurczewski*, Arturo Rodríguez and
staff members Drue Samuelson and Regina
Sloane.
continued
SF Successfully concluding a three-
DC During the office’s Service Week in
year effort, our client, a Kenyan man who
July, lawyers, summer associates and legal
was persecuted for his religious beliefs,
assistants participated in a clinic that we
obtained asylum after Sidley represented
conducted with the Tahirih Justice Center
him at a U.S. Citizenship and Immigration
to help women who had been granted
Services hearing in July. Ellen Trachman
asylum apply for permanent residence.
Norton*; summer associates Jeff Beelaert,
and Kevin Burke, under the supervision of
We helped a woman and her family from
Caroline Fleetwood, Christine Ku, and
Peter Kang, handled the matter.
Sudan, two women from Kenya and another
Judah Ariel; and legal assistants Rebecca
woman from Honduras. Leigh Fraiser,
Richardson*, Devon MacWilliam* and
Larry Walders, Kelly McFadden and Karin
Adam Hartmann volunteered at the clinic.
NY Our client, who was from a oncepowerful political family in Niger and
participated in a university student group,
had been arrested, detained and abused
P erson
for three days after he protested against
There are so many
underrepresented people who
don’t have the resources to
get the kind of representation that they
deserve. When I first came to Sidley, I was
excited to see we had so many pro bono
programs. I had an interest in immigration
law when I was in law school, so I found
the asylum project especially interesting.
the government. After his release and
an incident where the police mistakenly
arrested his brother instead of him,
our client fled to the U.S. in 2003 on a
student visa and applied for asylum in
2006 (missing the one-year deadline). In
December, we were able to win relief—
the government agreed to withholding
of removal. Maureen Crough, Leigh
Nisonson* and Peter Tucker handled the
case, with support from legal assistants
Madeleine Buras, Jennifer Manning and
Caroline Spencer*. Human Rights First
referred the matter to the firm.
to
P erson :
I recently took a case from Kenya. My
client was being persecuted by a criminal
organization called the Mungiki, a violent
political and religious sect banned by the
Kenyan government. Denied asylum at
the interview level, we went to court. The
case dragged on and on with multiple
hearings. We had the final hearing in the
summer of 2010. I was pregnant at the
time of the hearing and had reached my
due date. Our hearing started at 8:30 in
the morning and I actually went into labor
in court during the hearing. I left around
9:30 and I gave birth at 10:30 – it was
very, very close. But the court granted our
client asylum that day, which was fantastic
after a long three years.
I really appreciate how supportive the firm
is of the pro bono work and the systems
that we have in place to support our work,
including partners who are available and
happy to supervise these cases, as well
as the financial and legal backing that
allows us to provide
great representation of
asylum clients.
— Ellen Trachman,
Sidley Associate
DC I n J u n e 2 0 0 9 , S i d l e y b e g a n
representing a 17-year-old boy from Mexico
who had been abused by his father before
escaping to the U.S. After police detained
him in North Carolina for an alleged fight
with his half-brother, he was transferred
to the custody of the Department of
P erson
to
P erson :
This case was a wonderful example of how the
resources of a big firm can be used to help individuals
on a very personal level. Not only did Lisa and her
team help this young man petition for SIJS status and apply for
permanent residence and a work permit, but they found him
housing, registered him for school, helped him establish a bank
account and helped him apply for his passport. Talk about a full-service law firm! Lisa‘s dedication to helping
her client and her persistence in taking on the
DHS bureaucracy were truly impressive. — Becky Troth,
Sidley Pro Bono Counsel
Homeland Security (DHS) and moved to
Atlanta and then Arlington, Virginia. Kids
in Need of Defense (KIND) referred his case
to Sidley, and Sidley and KIND attorneys
got a family court order adjudicating
him an abused and neglected immigrant
minor seven days before he turned 18 (at
which point he would have been ineligible
to apply for Special Immigrant Juvenile
Status (SIJS)). After the Sidley team
filed an SIJS petition, DHS released the
client, who knew no one in the area. The
boy stayed with Sidley lawyer Kurt Jacobs
for several days until we found him more
permanent housing. DHS granted the
client’s SIJS petition in June and approved
his application for permanent residence in
December, almost two years after we first
started working on the case. Lisa Crosby
led the Sidley team, which included Kartic
Padmanabhan*, Kurt Jacobs and Becky
Troth, and staff members Kathy Murray and
Cristina Caro*.
Becky Troth, our client, Esteban, and Lisa Crosby after Esteban’s release.
veterans Benefits Project
i n i t s t h i r d y e a r, t h e i n i t i a t i v e
continues to focus on two types of
cases. The first is obtaining disability
compensation eligibility for veterans
seeking to establish that a current
disability is “service-connected.” The
typical case is litigated at the agency level
and requires both lay and medical expert
evidence linking the veteran’s current
disability to an incident in service. In the
second category, the firm provides pro
bono representation to current military
service members who served in Iraq or
Afghanistan and face discharge issues
continUing efforts
CH I n A p r i l , S i d l e y s u c c e s s f u l l y
represented a retired military veteran in the
his claim in 2002. Patrick Wackerly, Frank
Vanker, John George* and Chad Pekron*
handled the representation.
appeal of his disability rating for service-
DC A veteran claiming that he contracted
connected sinusitis. As a result of the firm’s
Hepatitis C during his military service after
efforts, the client’s disability rating was
being injected with a contaminated air gun
increased by the VA from 10% to 50%, which
used for standard medical inoculations
in turn dramatically increased his monthly
came to Sidley for support in his appeal.
disability payment. In addition, he received
Upon remand from the U.S. Court of
a lump sum payment of approximately
Appeals for Veterans Claims, the Board
$30,000 because the increased rating was
of Veterans Appeals ruled that it was “as
made effective as of September 2006.
likely as not” that our client contracted
Sherry Knutson, Alexa Warner and Kelly
the Hepatitis C virus from the air gun.
Huggins handled the case.
Sidley obtained two expert opinions with
as they near the end of their service. For
example, the firm has handled a number
CH I n D e c e m b e r, S i d l e y o b t a i n e d
of cases for service members as they were
service-connected disability benefits
being medically discharged, in which the
for a veteran of World War II whose back
key issue is the service member’s level of
injury was the result of being thrown in
disability, which in turn determines the
an explosion in Guadalcanal in December
service member’s eligibility for various
1944. Sidley became involved in 2007
health and monetary benefits. These cases
after the veteran lost his initial claim and
involve representation before a variety of
appealed unsuccessfully on his own for a
military boards and the goal is simply to
number of years. The veteran will begin to
help service members obtain all military
receive monthly disability compensation
benefits to which they are entitled upon
and will get a lump sum payment for the
their discharge.
compensation due to him since he initiated
respect to our client’s risk factors that we
brought to the Board’s attention and, in
February, we prevailed. Our client is now
eligible for disability compensation. The
victory was unusual in light of thousands of
benefits cases denying service connection
for Hepatitis C. Allison Fulton handled the
case under Stephen Payne’s supervision.
P erson
to
P erson :
Working on the Veterans Benefits
Project has been really eye
opening, seeing the sorts of conditions that
these men and women are facing when
they come back from service. My client
is a Vietnam era veteran who contracted
hepatitis C via an air gun in the 1970s. An
air gun is a needleless injector that uses a
high-velocity jet stream to penetrate the
skin and administer vaccines.
I got a lot of support from Sidley partners,
especially in securing two medical experts
to provide written testimony that it is
biologically possible for these guns to
transfer the hepatitis C virus strain; I
don’t believe that’s been done before.
The decision in the first instance was very
surprising to both me and my client. It has
probably been the most satisfying thing I
have done this year.
Right now we are appealing the ratings
determination. After the decision came
through, my client was rated as only 10%
disabled, although he has essentially been
totally disabled since 1999, when the
symptoms of hepatitis C started appearing.
So the case goes on.
My client now calls me nearly every day.
Sometimes it gets a little bit stressful for
me because according to him, I’m actually
one of his only advocates. There is pressure
to get things done quickly and well. It’s
gratifying to know that you are making a
difference and that these veterans probably
wouldn’t get the same benefits
without our representation.
— Allison Fulton,
Sidley Associate
PROJECT HISTORY
In 2007, the Veterans Benefits Project was created as Sidley’s third firmwide pro bono initiative. Sidley was instrumental in the nationwide effort to
provide legal assistance to unrepresented veterans. The National Veterans Legal Services Program (NVLSP), the Pro Bono Institute, the American
Legion, the Military Order of the Purple Heart, and various prominent law firms led the mission. The firm handles cases referred to it by the NVLSP,
the Veterans’ Rights Project of the Legal Assistance Foundation of Metropolitan Chicago and the Veterans Legal Support Center & Clinic at The John
Marshall Law School in Chicago. Chicago lawyer Emily Wexler manages the Project within the firm.
Children and Families
securing significant child support and
their claims that Samantar committed
NY New York-based inMotion, Inc.,
spousal maintenance awards and obtaining
torture and other human rights violations
equitable distribution of the marital assets.
while he commanded Somali government
Algeria Aljure, Marissa Alter-Nelson
agents. The Supreme Court agreed that
and Jon Muenz handled the case, with
the FSIA does not govern Mr. Samantar’s
assistance from Adrian Fontecilla during
claim of immunity and that there is nothing
post-judgment proceedings.
to suggest that “foreign state” within the
metropolitan area, is one of Sidley’s major
CIVIL & HUMAN RIGHTS
FSIA should be read to include an official
pro bono partners. Over the years, the
CH Sidley is assisting the American
firm has worked on hundreds of inMotion
Civil Liberties Union (ACLU) in a First
matters. inMotion referred two family law
Amendment challenge in the U.S. District
DC In a high-profile matter covered by all
cases to Sidley in 2010. We successfully
Court in Chicago to the State of Illinois’
of the major news organizations, Sidley
represented both clients in uncontested
eavesdropping law, which forbids making
obtained a waiver from the no-fly list for a
divorce settlements granted in November
audio recordings of public conversations
U.S. citizen and Virginia resident detained
in the Supreme Court of New York, New
with police. The case is of particular
in Cairo. Our client was returning home
York County. Patrick McGuirk* supervised
importance because the law is being used
from Yemen, where he had been married
the matters, which were handled by Nicole
to arrest and prosecute those who want
and spent two years studying, when he was
Lai and David Beller, respectively.
to monitor police activity in order to deter
refused boarding in Cairo and detained at
or detect police misconduct. Dick O’Brien,
the U.S. Consulate. After several weeks
Linda Friedlieb, Matthew Taksin and senior
of FBI questioning, he was informed that
legal assistant Carol Timosciek are working
he was free to go, but that he could not fly
with the ACLU on the case.
back to the U.S. Furthermore, his passport
a highly-regarded nonprofit group that
provides free, quality legal services,
primarily in the areas of matrimonial
and family law, to low-income, underserved, abused women in the New York
NY On November 18, over 60 Sidley
lawyers, staff and clients participated in
DC Sidley filed an amicus brief on behalf
inMotion’s inaugural “Story by Story” stair-
of retired military professionals supporting
climbing event, climbing 42 flights of stairs
respondents in Samantar v. Yousuf, 560
to the top of a Manhattan skyscraper to
U.S. ___ (2010), arguing that the Foreign
raise funds and awareness for inMotion.
Sovereign Immunities Act (FSIA) does not
The Sidley team was led by lawyer steering
extend to an individual acting in an official
committee members David Beller, Jessica
capacity on behalf of a foreign state. We
Bennett, Sarah Coad, Tor Ekeland, Christian
argued further that respondents, native
Elloie, Ran Goel, Michael Greenblatt,
Somalis, should be allowed to pursue
acting on behalf of that state. Virginia Seitz
worked on the matter.
had been revoked and was replaced with a
temporary passport that permitted return
only to the U.S. Following meetings with
congressional staff and requests to the
U.S. Departments of Justice, Homeland
Security and State, Sidley obtained a
waiver from the no-fly list, and our client
returned to the U.S. on July 17. Tom
Echikson and Becky Troth led the Sidley
team, which also included Juge Gregg,
Veronica Guitar, Francesca Mead and
Brenda Abdelall*, Tom Paskowitz (NY) and
Debra Minoff and Corporate Responsibility
summer associates Rishi Chhatwal, Tami
Manager Stacy Rotner.
Weerasingha-Cote and Kara Wilcox. The
NY Sidley represented a woman from
firm continues to represent our client as he
Chad, whose husband had engaged in
seeks removal from the no-fly list.
a course of mental, physical, and sexual
DC Rocky Mountain Christian Church
abuse and had denied the validity of their
(RMCC) sued Boulder County after it
foreign marriage, in a contested divorce
denied RMCC’s application to construct
action. After a three-day bench trial, our
additional facilities. A jury found that the
team succeeded in validating the marriage,
County had violated the Religious Land
obtaining full custody of her four children,
Use and Institutionalized Persons Act
of 2000 (RLUIPA), including a provision
prominent Washington, D.C. lawyers who
that precludes government land use
publicly denounced attacks questioning
regulations that impose a substantial
the allegiance of U.S. Department of Justice
burden on religious exercise. The
lawyers alleging that they are unfit to serve
County appealed, arguing that RLUIPA’s
because they provided pro bono legal
substantial burden provision constitutes
assistance to Guantánamo Bay detainees
an improper accommodation of religion,
while in private practice. Among those
thereby violating the First Amendment’s
singled out was recently-returned partner
Establishment Clause. Sidley filed an
Joseph R. Guerra, then the DOJ’s Principal
amicus brief on behalf of various religious
Deputy Associate Attorney General,
groups in the Tenth Circuit, arguing that
who, along with Phillips, filed a Supreme
the substantial burden requirement did
Court brief on behalf of a detainee. On
March 7, Keisler and Berenson (who were
It was extremely gratifying to help
high-level officials in the George W. Bush
our client and his family reunite,
Administration) and 16 other individuals
and knowing that we had righted
a wrong. The moment that stands out is
when I called Yahye’s mother to
let her know that her son was
coming home.
– Tom Echikson
Sidley Partner
issued a statement calling the attacks
“shameful” and “unjust.” Keisler and
Phillips also denounced the attacks in The
New York Times and Legal Times, respectively.
“There is a long-standing and very
honorable tradition of lawyers representing
unpopular or controversial clients,” Keisler
not violate the Establishment Clause, but
said. “The fact that someone has acted
implemented well-established Supreme
within that tradition, as many lawyers,
Court precedent restricting the ability of
civilian and military, have done with respect
the government to impose burdens on
to people who are accused of terrorism—
religious exercise. In May, the Tenth Circuit
that should never be a basis for suggesting
held that the County’s actions violated
that they are unfit in any way to serve in the
provisions of RLUIPA, and did not reach
Department of Justice.”
the constitutional question. The Supreme
Court denied the County’s petition for
certiorari. Patrick O’Keefe, Ed McNicholas
and Richard Menard* drafted the brief on
behalf of the American Jewish Congress,
The National Council of Churches, the
Queens Federation of Churches, the
General Conference of Seventh-Day
Adventists, the Union of Orthodox Jewish
Congregations of America and the National
Committee for Amish Religious Freedom.
DC Sidley Lawyers Peter Keisler, Brad
Berenson and Carter Phillips are among the
continued
Community Support
SF Sidley is assisting the California
Minority Counsel Program (CMCP) with
its reorganization as a tax-exempt entity
separate from the Bar Association of San
Francisco, of which it is currently part.
CMCP, founded in 1989, is considered the
leading and most influential organization
promoting diversity in the legal profession
in California.
SF Sidley incorporated the Religious
Communities Investment Fund, Inc. (RCIF)
as a nonprofit public benefit corporation
created for the purpose of providing
a socially-responsible community
R. Bloomberg wrote a letter personally
thanking the firm for “a great job,” and said
that “the long-vacant piers on Brooklyn’s
waterfront will be one of New York City’s
most extraordinary public destinations and
make up one of the world’s great waterfront
parks.” The team included Alan Weil,
Brandon Sudduth, David Miller, Patti Wu,
Michael Witmer, Robert Mandell, Kersti
Hanson and Adam Sipos.
LA S i d l e y r e p r e s e n t e d E c o n o m i c
Roundtable in resolving a dispute with
its landlord regarding more than three
years’ worth of common area maintenance
charges. Economic Roundtable is
The Washington, D.C. office adopted 267 children
during the 2010 holiday season through the Angel Tree
program, contributing approximately $20,000 in gifts
to needy children in the Washington, D.C. area. 200
Sidley lawyers and staff participated.
the disputed charges and amortize the
development investment program. Sidley
continues to provide advice to RCIF with
Sidley Austin LLP gave us highly
remaining balance over the new lease term.
respect to the legal documents governing
capable legal assistance that
Katie McCarthy and Ed Prokop led the
would otherwise have been
effort.
its investment policies.
unavailable to us and enabled us
NY Sidley represented New York City in
to avoid paying damaging lease
LA Sidley partner Paul Tripodi served
connection with the transfer of control of
charges and preserve those funds for
as a Deputy District Attorney (Pro Bono
the long-planned and highly-anticipated
underwriting our nonprofit, public
Publico Prosecutor) for three different
Brooklyn Bridge Park from the State to
benefit work. The money that you
District Attorney’s offices in 2010. In January
the City. With this transfer, which received
helped us save is now being used
and February, as a pro bono prosecutor
extensive local media coverage, New
for an analysis of high-need, high-
for the Los Angeles County District
cost homeless residents and for
Attorney, he helped prepare, prosecute
York City assumes responsibility for the
planning, construction, operation and
maintenance of the 85-acre park along 1.3
miles of Brooklyn’s East River waterfront,
and the commercial development
formulating criteria that hospitals can
use to [refer these individuals] to
appropriate housing.
– Daniel Flaming,
President, Economic Roundtable
and resolve various misdemeanor criminal
prosecutions. He served as lead prosecutor
in two criminal jury trials, one involving
charges of petty theft/shoplifting, and the
other for grand theft of a therapy dog. The
of adjacent parcels. Mayor Michael
a nonprofit, public benefit corporation
jury returned verdicts of not guilty and
organized to conduct research and
guilty respectively. In July 2010, Tripodi
implement programs that contribute to
served as a Pro Bono Publico Prosecutor
the economic self-sufficiency of individuals
for the City of Inglewood in the criminal
and communities in Los Angeles. Our
trial of a Morningside High School special
client’s lease had expired and the client was
education teacher who was accused of
occupying its space on a month-to-month
sexual battery based on inappropriate
basis, but needed additional room. On
contact with his students, all of whom
March 17, 2010, we negotiated a new lease
suffer from learning and personality
in a larger space in the same building, and
d i s o r d e r s . Tr i p o d i , w i t h J i m Z e n g ’s
the landlord agreed to reduce significantly
assistance, conducted a two-week trial
which ended in a hung jury. In August 2010,
Tripodi served as a Deputy City Attorney for
injustice. World Impact serves close to 100
the City of Burbank and tried two criminal
million people in nearly 100 countries.
cases. In one case, the defendant was
World Impact had opened an escrow in
convicted of resisting arrest after fleeing
connection with the sale of property in
the scene following an altercation and the
Long Beach. The buyer deposited $20,000
second trial involved domestic violence
i n t o e s c r o w, b u t b a c k e d o u t o f t h e
charges against the same defendant.
transaction and then failed to instruct
NY The Cooke Center for the Learning and
the escrow company to release funds to
Development, Inc., is the largest private
World Impact. Lee Auerbach negotiated the
provider of inclusive special education
release of the funds to World Impact.
services in New York City. James Arden and
DC The D.C. Council recently adopted a
Sidley report detailing the findings of its
nearly year-long investigation of fraud and
procurement improprieties at D.C.’s Office
LA Las Familias Jardin de la Infancia is
of the Chief Technology Officer (OCTO).
an organization that provides educational
The investigation commenced shortly
support, including tutoring, for
after the arrest of two OCTO employees
underserved elementary school students
and a contractor for defrauding the D.C.
in the Los Angeles Hispanic community.
Government of over $500,000. A number
Sidley provides transactional assistance
of the reforms Sidley recommended in the
to the organization, including merging two
report are already being implemented,
different 501(c)(3)s into one at the request
and the Council is continuing to evaluate
of the State. The matter was referred by
additional reforms. The Sidley team
Skid Row Housing Trust and Dave Witek is
included Tom Green, Mark Hopson, Colleen
handling the assignment.
Lauerman, Peter Pfaffenroth, Danielle
Carter, Cliff Berlow*, Adam Doverspike
and Cara Viglucci López as well as Chris
Lucas and Justin Tebbe (both in Litigation
Support) and legal assistants D’Esprit
Smith, Marvin Washington and Cameron
Waldman. Peter Pfaffenroth testified at
a D.C. City Council roundtable that was
based on the report.
Linda Cho recently obtained a dismissal
in a tuition recoupment claim that the
NYC Department of Education brought
against the Cooke Center. In its March 2010
decision, the court agreed with the Cooke
Center that a dispute regarding tuition
reimbursement is between the Department
and the parents, that an institution such
as the Cooke Center is not a proper party
to such a proceeding under the Individuals
with Disabilities Education Act (IDEA), and
that a decision to seek recoupment from a
DC Through a creative curriculum, the
school was contrary to IDEA’s purposes. The
Peer Mediation Program at Thomson
court also found against the Department
Elementary School in Washington, D.C.
on the merits of the recoupment effort.
helps fourth, fifth and sixth graders learn
valuable personal skills such as listening
and generating peaceful solutions to
problems. Sidley has participated as a
partner for more than a decade. In 2010,
legal assistants Kevin Garvey and Rebecca
Richardson* led the program, which is
open to lawyers and staff.
DC O n A u g u s t 3 1 , t h e Wa s h i n g t o n
Lawyers’ Committee for Civil Rights and
Urban Affairs released a comprehensive
report entitled “The State of the District
of Columbia Public Schools 2010—A FiveYear Update.” The report updates an earlier
report issued by the Committee in 2005
entitled “Separate and Unequal: The State
NY Sidley participates in the Justice
of the District of Columbia Public Schools
Resource Center’s MENTOR program
Fifty Years After Brown and Bolling,” which
and is paired with the High School for
referred to two Supreme Court school
LA In November, the firm successfully
Leadership and Public Service. Throughout
desegregation cases decided in the 1950s.
resolved an interpleader action on behalf of
the school year, our lawyers mentor and
Using comparative data from neighboring
nonprofit client World Impact, a Christian
coach participating students who compete
jurisdictions, the new report addresses
humanitarian organization dedicated to
in state-wide Moot Court and Mock Trial
funding, school facilities, teacher and
working with children, families and their
competitions. The firm also provides
principal compensation, school health
communities to reach their full potential
summer employment for students from our
services and testing results. The Legal Times
by tackling the causes of poverty and
partner high school each year.
covered the report, quoting Ron Flagg,
continued
who said that “the schools have made
criminal cases through its briefing and
considerable gains since the committee
moot court program for public defenders
last assessed the district in 2005, but much
and its participation in the amicus
of the progress is fragile.” Flagg, Erica
committee of the National Association
Jackson and Jim Wedeking took the lead in
of Criminal Defense Lawyers. Since 2006,
producing the report with the assistance
Sidley has sponsored a Supreme Court
of pro bono lawyers from seven other law
Clinic at Northwestern Law School which
firms.
provides law students the opportunity to
LA Since 2006, the Law Magnet Program
at Dorsey High School in Los Angeles
has provided a “school within a school”
curriculum for students interested in
careers in law and public service. Through
our partnership in the program, Sidley has
presented numerous seminars on campus,
hosted students for visits to the office,
act as Supreme Court litigators. Under
the direction of Carter Phillips and D.C.
and briefs on the merits for parties and
amici, interface with prominent guest
lecturers and participate in moot courts for
advocates who will be arguing in the Court.
DC Sidley lawyers, working with the
Northwestern Clinic, successfully
The Dorsey partnership is coordinated by
represented the respondent, Arthur
Gary Craig and Jennifer Ratner.
Burgess, in United States v. O’Brien, _560
Criminal Defense
U.S. ___ (2010). The Court upheld the
courts, the courts of appeals and the
Supreme Court on a pro bono basis,
including many that resulted in landmark
decisions. During that time, Sidley has
sought to level the playing field, seeking
justice for indigent criminal defendants
n January 30, 1994, four victims
were discovered shot to death
inside a Tennessee Taco Bell restaurant.
Courtney Mathews was convicted of the
killings in 1996 based on overwhelming
physical evidence in a trial in which
the State argued he had acted alone.
Nearly 18 months later, our client, David
Housler, was convicted as an accomplice,
based on prosecutors’ new claim that he
had acted as Mathews’ lookout.
students draft petitions for writs of certiorari
and coached the school’s Mock Trial team.
in hundreds of criminal cases in trial
O
Pro Bono Committee Chair Jeff Green,
organized field trips to Loyola Law School
In the last 15 years, Sidley has participated
“A Free Man Again”
First Circuit’s decision that the sentencing
enhancement for use of a machine gun
under 18 U.S.C. 924(c) is an element of
the crime that must be proved beyond a
reasonable doubt to a jury, and is not a
mere sentencing factor that may be found
by a judge by a preponderance of the
evidence. Jeff Green and Quin Sorenson
handled the case.
who lack the power and resources of the
government on the other side. In addition
DC In a high-profile case arising out
to representing criminal defendants in
of the Enron scandal, Sidley and the
the Court, Sidley has played a significant
Northwestern Clinic filed an amicus brief
role in scores of other Supreme Court
on behalf of the Texas Criminal Defense
On October 4, 2010, after serving 15
years of a life sentence for murders
he did not commit, a Tennessee Court
ordered Housler released from prison.
Sidley took over Housler’s case in 2007,
after numerous unsuccessful appeals.
We devoted more than 10,000 hours
of lawyer and professional staff time to
the case. On September 23, 2010, we
won a ruling vacating his convictions
by proving that numerous fundamental
constitutional violations had denied him
a fair trial. The court also found that
new evidence—in particular, Mathews’
1994 confession to his attorneys that
he acted alone and that he did not
even know Housler—entitled Housler to
a new trial. Two weeks later, the court
released Housler on bail over the State’s
objection.
Sarah Schrup from the Northwestern Clinic
Sidley’s Paul Hemmersbaugh said of
the decision, “The court’s thorough and
thoughtful ruling not only vindicates
important constitutional rights and
principles, it serves an even more
fundamental and universal principle by
voiding the criminal convictions of an
innocent person.” Also on the team were
James Owens, Bryson Bachman, Jason
Vendel and Mick Flanagan with support
from Rebecca Richardson*.
handled the representation.
Photo Credit: WKRN-TV, Nashville, TN
Lawyers Association supporting the
defendant in Skilling v. United States 561
U.S. __ (2010). The Court reversed the
conviction, holding that Mr. Skilling’s
alleged misconduct entailed no bribe or
kickback, and thus did not fall within the
coverage of 18 U.S.C. 1346. Jeff Green and
P erson
to
P erson :
Having the opportunity
to work on Mr. Housler’s
case has been an amazing
experience. Professionally, the
case has provided a wealth of
opportunities. From the writing of the
petition and conducting depositions
to an interlocutory appeal and a twoweek trial, our team had to deal with
the full scope of procedural issues
presented in nearly every litigation.
The other associates and I were
intimately involved at every step. We
were consulted on and even decided
key strategic issues along the way,
as well handled other tasks (such
as witness examinations) that we
might not otherwise have had the
opportunity to perform. Moreover,
from a substantive perspective, this
matter presented a wide array of
criminal law concepts that I routinely
encounter in my practice.
On a personal level, I cannot think of
a better use for whatever legal skills
I might possess than by helping to
secure the release of an innocent
man from prison. Although every
defendant deserves the protections
guaranteed by the Constitution, those
protections are there largely to protect
the innocent. When an innocent
person is nevertheless convicted,
the system has failed at some level.
Part of what we do as attorneys is
help ensure the integrity of the legal
system, and that includes recognizing
and rectifying the system’s failures.
Being able to secure the release
of Mr. Housler—saving just one
person who had fallen through the
cracks—is perhaps one of the greatest
accomplishments that I could ever
hope to achieve. Mr. Housler told me
that we had “given [him his] life back.”
I appreciate that Sidley gave me the
chance to be a part of
something so important.
— Jason Vendel,
Sidley Associate
DC On January 5, the U.S. Court of Appeals
without the enhancement. The appeal
for the Sixth Circuit issued a writ of habeas
and brief were handled by Quin Sorenson,
corpus holding that the Tennessee Court
assisted by Jeff Green and Sabrina Ross.
of Criminal Appeals unconstitutionally
deprived our client of his right to appellate
counsel during his initial direct appeal and
thereafter granted him the opportunity
to pursue appeal with the assistance of
counsel. Eamon Joyce (NY) successfully
argued the appeal in the Sixth Circuit. Scott
Meisler* obtained the representation and
briefed the appeal under the supervision
of Paul Zidlicky, with support from legal
assistant Rebecca Richardson*.
CH After protracted litigation spanning
over four years, Sidley obtained a court
ruling drastically reducing the 60-year
prison sentences of our clients, two young
women in their twenties. Sidley sought
a reduction in their sentences because
of legal errors committed during the
sentencing phase and based on newlyobtained evidence focused on adolescent
brain research (the girls were 14 and 15
years old at the time of a knife assault on
a pizza delivery man). The prosecutors
refused to consent to a new sentencing
hearing to address the legal infirmities, and
Sidley filed post-conviction litigation to
obtain relief. After a hearing and briefing,
Sidley obtained a complete victory on
the merits of the claim: the trial court
granted judgment in the clients’ favor and
Sidley’s Housler team (L to R): Bryson Bachman, Mick
Flanagan, Paul Hemmersbaugh, Jason Vendel and
James Owens.
cut their sentences in half. Both were
eligible for immediate release following
the reduction, and were released from
DC Following his plea of guilty to illegal
prison a day later, on July 13, 2010. Sidley
reentry, the district court sentenced
lawyers Randy Wexler and Sha Hua
Sidley’s client to a term of imprisonment
worked with Steve Drizin of Northwestern
of five years—twice the recommended
University Law School’s Bluhm Legal
range—based on its finding that a prior
Clinic and Juliet Yackel, Indiana local
state conviction for aggravated assault
counsel, during the proceedings. The
qualified as a “crime of violence” under the
success was widely reported in Indiana and
U.S. Sentencing Guidelines, even though
Kentucky newspapers and by the major
the state offense had involved neither the
television affiliates, which noted that the
use of force nor serious bodily injury. In
girls obtained pro bono representation
April, Sidley achieved a significant victory
at the behest of the prison officials who
in his appeal before the Tenth Circuit, in
were overseeing their incarceration and
which the government conceded error
witnessed their dramatic rehabilitation
and submitted a brief suggesting remand.
while in prison.
Soon thereafter, the Tenth Circuit issued an
opinion adopting the defendant’s position
in full, vacating the judgment of sentence,
and remanding the case for resentencing
continued
Homelessness and Poverty
NY On April 14, the New York Committee
on Retention and Promotion of Women
held its second event
in partnership with
N e w Yo r k C a r e s t o
benefit Women in
Need, an agency that
provides housing
and help to New York’s homeless women
and their families. Over 100 attendees
policies and procedures and real estate
LA Marc Hayutin serves as chair of the
matters, for the Ocean Park Community
Skid Row Housing Trust and provides
Center, a network of shelters and services
extensive assistance to the organization,
for homeless adults, homeless and low-
working across 2010 to expand and
income families, battered women and
professionalize its Board and to establish a
their children, at-risk children and youth,
working committee structure, among other
and mentally ill homeless women. It is
projects.
a 40-year-old community-supported
organization in which staff, volunteers
and clients work to address the effects of
poverty, abuse, neglect and discrimination.
DC In March, the Washington, D.C.,
office sponsored a food drive to benefit
the Capital Area Food Bank (CAFB).
A competition in which the floors were
assembled 400 personal care kits to
bracketed against one another, “March
welcome women and children when they
Madness”-style, fostered friendly
arrive at homeless shelters. New York
competition. All told, Sidley raised over
Cares each year mobilizes more than
$9,000 and collected over 3,550 cans and
50,000 volunteers to support more than
boxes of foods designated as “high need”
990 nonprofit agencies, public schools and
other organizations, providing services to
nearly 450,000 disadvantaged New Yorkers.
LA Bet Tzedek is a nonprofit legal services
by the CAFB.
organization in Los Angeles that provides
free assistance to more than 10,000 people
of wide racial and religious backgrounds.
Lawyers in Los Angeles participated in
legal services clinics at its headquarters in
DC On July 6, our Washington, D.C. office
Fairfax, CA, its office in North Hollywood,
hosted “Ending Homelessness through
CA, and at more than 30 senior centers
Pro Bono Work,” an event presented by the
throughout Los Angeles County. Our
National Law Center on Homelessness &
lawyers staff a “Wills on Wheels” clinic
Poverty (NLCHP) that attracted a number
at the Wilmington Senior Center in
of lawyers from throughout the D.C. Metro
Wilmington that provides free legal services
area who are involved in pro bono matters.
to low-income seniors in the Los Angeles
DC D u r i n g t h e s i x t h a n n u a l S i d l e y
The event involved a panel discussion of
area. Courtney Rangen and Marcia Sharp
Service Week in the Washington, D.C.
partners from various law firms who have
staffed the clinic in 2010.
office, volunteers served breakfast to 200
Volunteers donated about 36 of blood to the sick and
injured through INOVA during Sidley Service Week in
Washington, D.C.
contributed significantly to NLCHP’s
homeless men, women and children;
work, followed by a keynote address by
donated 36 pints of blood to the sick and
Sidley partner and D.C. Bar President
injured; helped seven asylees apply for
Ron Flagg on the importance of pro bono
their green cards; wrote letters to 50 U.S.
attorney involvement in the battle to end
soldiers stationed abroad; and donated
homelessness. Ron was introduced by
$5,730 and boxes of essential toiletries
Sidley partner Ed McNicholas, who serves
to Miriam’s Kitchen, a local organization
as NLCHP’s Vice Chairman.
serving scores of individuals in need. Judge
LA Lior Heller, Rich Peters and Bill
Reggie B. Walton of the U.S. District Court
for the District of Columbia visited the
Wagner*, among others, have continued
to handle a number of matters, including
those relating to employment issues,
The results of the Washington, D.C. office food drive
in March.
office and gave inspiring remarks on the
importance of public service.
clients pro bono and refers others back to
management company and successfully
CVLS’s “panel” volunteer network. Sidley
negotiated a change in the apartment
volunteers include Kevin Fee (who is on the
building’s parking policy in March. Erica
CVLS board and chairs the clinic), Laura
Jackson handled the matter under Sam
Kolb, Christine Kailus, Jed Rosenkrantz,
Boxerman’s supervision with help from
Julie Weber, Jennifer Foster, Whitney Cox,
legal assistant Duan Pryor. The Legal
Annie Wallis, Reena Jashnani, Geo. Tyler
Counsel for the Elderly referred the case to
Coulson, Patrick Croke and Brian Shull.
Sidley.
Angelyn Chester was integrally involved
with setting up the clinic.
DC Sidley prevailed in an adversary
bankruptcy proceeding after the court’s
Housing and Consumer Rights
pro bono assistance program asked
DC In 2009, Sidley lawyers began staffing
Sidley's David Kuney to represent the
the Landlord Tenant Resource Center
defendant. After numerous briefings and
two significant motions, Sidley secured
Legal secretary Linda Cohen volunteers to write
letters to U.S. soldiers stationed abroad during the
Washington, D.C. office’s sixth annual Sidley Service
Week.
(LTRC) of the D.C. Superior Court on a
LA Approximately 62 law firms and
Branch of the D.C. Superior Court, seeking
organizations from the Los Angeles area
summary evictions of tenants. Over 99%
participated in the second annual “Food
of tenants and nearly 14% of landlords
from the Bar” event in April, which raised
proceed pro se through the court. The D.C.
over $285,000, and donated 14,000 pounds
Bar launched the LTRC in 2004 to improve
of food and 1,600 volunteer hours to the LA
due process and access to justice in the
Regional Foodbank. Despite the small size
Landlord Tenant Branch. Ron Flagg, Kurt
of our LA office, Sidley was one of six firms
Jacobs, Heather Irwin, Stacey Wilson, Jill
awarded Gold Partner status at the awards
Caiazzo, Marinn Carlson, Rachel Hunnicutt,
National Security
reception, besting at least 50 other large
Georgia Albert, Sean Griffin, Chanda
DC Sidley lawyers in Washington, D.C.
firms.
Betourney, Erica Jackson, Sharon Knight,
filed an amicus brief on behalf of a group
Mark Guerrera, Kelly McFadden, Yemi
CH Sidley recently established a new
of scholars, attorneys and former public
Oladeinde, Becky Troth, Bill Williams and
clinic through Chicago Volunteer Legal
officials with expertise in terrorism issues
staff members Karen Blackstone, Christina
Services (CVLS) (Chicago's oldest free legal
in Holder v. Humanitarian Law Project, 561
Caro*, Beryl Dennis, Kevin Garvey, Josh
services provider) at the Salvation Army
U.S. ___ (2010). We argued on behalf
Gordon*, Devon MacWilliam*, David
Temple Corps Center on Chicago’s west
of petitioner, the United States, that
Porter*, Rebecca Richardson* and D’Esprit
side. Sidley sponsored a CVLS clinic at a
provisions of the Anti-Terrorism and
Smith all staffed the LTRC in 2010.
Effective Death Penalty Act (AEDPA)
for approximately 16 years, but recently
DC Pursuant to the Fair Housing Act,
which prohibit providing “any … service,
moved the clinic to the new location
our client, an elderly woman with severe
… training, [or] other specialized
because of the community’s greater need
physical impairments, obtained a
knowledge” to designated foreign terrorist
for the clinic’s services. The clinic operates
reasonable accommodation in the form of
organizations were not unconstitutionally
once a month and volunteers typically
a free reserved garage parking space near
vague and that any material support to
spend about two hours each meeting
her apartment building entrance. Upon
these organizations, even if ostensibly for
with clients, helping with a wide variety of
taking the case, the Sidley team drafted
charitable purposes, facilitates terrorist
legal issues. Sidley takes on some of the
a reasonable accommodation demand
conduct. The Court, agreeing with our
letter to the client’s apartment building
argument, upheld the statute and found
monthly basis. Each year, landlords file
over 40,000 cases in the Landlord Tenant
different facility on Chicago’s far north side
reversal of a default judgment entered
against the client before we were retained,
arguing successfully that the client had not
been properly served. In December, the
court dismissed the adversary proceeding
that sought to block the discharge of a
$57,000 claim based on a prior state court
judgment against our client. Kurt Jacobs
and Allison Fulton handled the matter, with
supervision from David Kuney.
continued
that it was constitutional as applied to
DC On behalf of our severely ill client
the types of support that plaintiffs sought
who suffered from depression, HIV-related
to provide to terrorist organizations. Brad
symptoms, gastrointestinal issues and
Berenson represented the amici.
cancer, Sidley helped gain SSI benefits
People With Disabilities
as well as retroactive benefits back to
September 2007. David Fitzgerald*
DC Sidley volunteers twice a year with the
handled the matter with supervision from
D.C. Bar Advocacy and Justice Clinic (the
Mark Schneider and legal assistants Adam
Clinic), taking at least ten cases annually.
Hartmann and Rebecca Richardson*.
A large number of these cases involve
DC In April, a disabled woman ended
claims for Supplemental Security Income
(SSI), which provides benefits to people
too disabled to work. Some clients who
worked for a sufficient period of time over
the years also are entitled to Social Security
Disability Insurance (SSDI). In 2010, Sidley
helped nine clients with disabilities prevail
in their SSI and/or SSDI appeals, ensuring
a steady income stream to help pay for
housing and food.
DC In February, Sidley successfully
appealed a denial of SSI and SSDI benefits
for a client with debilitating arthritis and
depression. The Administrative Law Judge
(ALJ) awarded retroactive benefits and
benefits going forward. David Fitzgerald*
handled the matter under the supervision
of Mark Schneider, assisted by Katie Durick
and legal assistants Rebecca Richardson*
and Adam Hartmann (who established a
protocol for organizing medical records for
DC In September 2008, the Clinic referred
SSI cases).
her lengthy legal battle with the SSA over
disability benefits. Our client, who incurred
severe injuries in a work accident eight
years ago, was denied benefits because
she failed to provide the required medical
documentation. Despite her repeated
attempts to inform SSA that it was sending
the request for medical information to
an invalid address, the agency dismissed
our client as “uncooperative” and “not
responsive.” After we submitted a detailed
letter brief, the ALJ who was to hear our
appeal cancelled the scheduled hearing
to us an individual who suffers from
DC Sidley successfully represented
and issued an expedited “fully favorable”
medication-resistant HIV, diabetes and
a client with severe anxiety, asthma,
opinion providing back benefits of
various additional medical complications
shoulder, neck and back injuries and low IQ
approximately $30,000, in addition to
due to his infection. His initial application
in her appeal of the denial of SSI benefits.
future disability benefits. Paul Moates
and subsequent request for SSDI
On March 18, the ALJ found that the
and Bill Doolittle handled the appeal and
benefits were rejected. Over the course
client was entitled to retroactive benefits
legal assistant Kevin Garvey compiled the
of two years, Sidley lawyers conducted
extending back to the time she first applied
medical evidence.
interviews with the client and the health
for SSI in 2006, as well as benefits going
care professionals who treated him as
forward. Ashley Brown* and Sean Griffin
well as located, evaluated and organized
handled the matter, which Virginia Seitz
a substantial number of administrative
supervised.
and medical records. In January, after two
years of research, the U.S. Social Security
Administration (SSA) granted retroactive
and ongoing SSDI benefits to our client.
Stephanie Hales and Torrey Cope handled
the case under the supervision of Mark
Langdon with support from Mark Tyndall
and legal assistant Roberto Alarcon.
DC O n M a y 7 , S i d l e y s u c c e s s f u l l y
DC In November, an SSA ALJ awarded
appealed the denial of SSI benefits to
full benefits to Sidley’s client, a woman
a client suffering from bipolar disorder,
who suffers from severe asthma, chronic
obtaining benefits retroactive to March
obstructive pulmonary disease, obesity,
2008 and benefits going forward. Katie
sleep apnea, arthritis, back pain and
Strong Carner handled the matter under
depression. The SSA originally denied
Mark Langdon’s supervision.
disability benefits, citing a lack of evidence
DC The SSA initially denied benefits to
our HIV-positive client who was ultimately
diagnosed with AIDS. After a Sidley team
submitted a detailed letter brief thoroughly
documenting our client’s condition, which
precluded him from working or even
leaving his home, the SSA reconsidered
its position and in July, awarded him full
disability benefits. Ron Flagg, Kimberly
Myers and Susan Lagana handled the case
with support from legal assistant Rebecca
of disabling lung damage and the ability
to do less demanding work, even though
our client’s condition required frequent
hospitalization and the use of oxygen 24
hours a day. After hearing testimony from
our client and a vocational expert, the ALJ
determined that our client was disabled
and granted her benefits retroactive to
February 2008. Perry Knight and Cassie
Peters handled the matter, which Kristin
Koehler supervised.
NY Sidley lawyers organized and obtained
501(c)(3) tax-exempt status for the Long
Island Sports Camp for Children with
Visual Impairments Inc. (LISC), a New
York not-for-profit corporation. LISC aims
to combat the sedentary lifestyles of
children with visual impairments, educate
individuals on methods for teaching sports
and recreational activities to children
with visual impairments and assemble
data that support and promote research
in the areas of physical fitness for, and
Richardson*, who compiled the medical
the physical abilities of, children with
evidence.
visual impairments. Janet Miller, Andrew
Erdmann and Mirt Zwitter-Tehovnik
DC A Sidley team obtained a favorable
handled the matter with supervision from
decision from an SSA ALJ on behalf of a
Paul Risko.
formerly homeless woman who suffered
from schizophrenic episodes, bipolar
disorder and post-traumatic stress
CH In August, Sidley helped with the
disorder. The SSA originally denied
merger of two nonprofit organizations
disability benefits despite the fact that
dedicated to using equine therapy,
our client was unable to leave her home
BraveHearts Therapeutic Riding &
due to hallucinations and acute anxiety,
Educational Center and The Bergmann
and required constant care. On July 14,
Centre. Both Illinois-based organizations
after hearing testimony from our client
focus on working with disabled U.S.
and her caseworker, the ALJ determined
veterans under the “Horses for Heroes”
that our client was unfit for employment,
program as well as working with autistic
and granted her benefits retroactive to
and special needs children. BraveHearts
2008. Emily Watkins and Tara Mikkilineni*
was founded by Loyola University Medical
handled the matter, which Paul Kalb
Center’s now-retired Chief of Medicine,
supervised.
Rolf Gunnar, and his wife, Marge Tautkus
Gunnar, in response to the benefits she
obtained from such therapy following a
catastrophic illness. Mike Clark and Lynn
Fleisher handled the matter in consultation
with Gene Schoon.
Pro Bono From A Global Perspective
in recent years, Sidley’s domestic
and foreign offices have become
increasingly involved in pro bono on an
international level. In our Brussels office,
for example, the close-knit multicultural
team of lawyers has formed a pro bono
committee to coordinate their skills for
pro bono work. This group liaised with
other Brussels law firms in a “Brussels
Pro Bono Roundtable” to function as a
clearinghouse for projects. Brussels is
the decision-making center of the EU and
many charitable organizations and NGOs
need help navigating the EU legislative
process. We use our lawyers’ advocacy
skills, public and private sector experience
and intimate knowledge of EU law and
2010 highlights
■ In a project for Save The Children
during the summer of 2010, Brussels
lawyers Benoît Keane and Anouck Meier
reviewed the EU Proposal for a Directive
on Combating Sexual Abuse, Sexual
against torture and inhuman or degrading
treatment in the context of armed conflict.
The Oxford Research Group referred the
matter to Stephen Kinsella and Anouck
Meier and a summer intern worked on the
matter.
Exploitation and Child Pornography.
■ As an international NGO established
Sidley’s contribution provided a solid
in 1991, CEJI, a Jewish Contribution to
basis to engage in discussions with
an Inclusive Europe, strives to promote
Member States and formulate specific
a diverse and inclusive Europe. Sidley’s
recommendations for revising legislation.
Brussels lawyers drafted a
A similar project consisted of advising
legal memorandum for
Save The Children on improvements to
CEJI in March regarding
the existing Common European Asylum
the principle of
System, more specifically on the European
subsidiarity in
Commission’s proposal to recast the
l i g h t o f t h e E U ’s
Asylum Procedures Directive.
Equality Directive.
institutions to benefit these organizations.
Our other foreign offices also played an
■ Also in the summer of 2010, in a
increasingly active role in pro bono in
project for the Oxford Research Group,
2010.
our Brussels lawyers researched European
Court of Human Rights cases on the right
This helped CEJI formulate and justify
its position in a policy response paper.
Steve Spinks and Anouck Meier drafted the
memorandum.
■ In May, Sidley and 25 other international
law firms in Brussels participated in the
Sixth Annual Legal Run. Proceeds from
the 20K-event went to a Belgian charity
that supports chronically-ill children in
hospitals. The Sidley participants included
Kossi Agbeko, Barney Connell, Sven De
Knop, Kurt Hermans, Kristina Nordlander,
Hazel Pearson, Karin Lallemand, Laurent
Ruessmann* and Cathy Saoula.
■ In Shanghai, Zhengyu Tang has led
a team providing legal support for many
years to Thornston Educational Fund, a
U.S.-based not-for-profit organization that
aims to initiate and develop relationships
with certain educational institutions
that serve the needs of underprivileged
individuals and families in Asia. Sidley
helped with various China projects and
programs focusing on the education of
migrant children and the training of
P erson
to
P erson :
TransFarm Africa (TFA), as in
‘transformative agriculture’, is a
response to the food crisis in Africa.
The project is based on the belief that to
avert that crisis, Africa must dramatically
increase agricultural productivity,
agricultural production and efficiency over
the next decade. Sidley is a TFA partner,
which developed from Scott Andersen’s
relationship with the Hewlett Foundation.
We work on a project that seeks to import
seed potatoes from Kenya to Tanzania to
supply the local farmers with improved
seeds to increase their yields and their
income. There’s a lot of legal and regulatory
issues associated with that because it
involves trade in planting material, which is
more sensitive and highly-regulated. There
are also regulatory issues with registering
new varieties of seeds in Tanzania.
I think TFA represents a new idea for
involving the private sector in African
agriculture in terms of promoting
investments. The experience has been
really eye-opening. It took us about
three months to get a copy of the seed
regulations in Tanzania. They were adopted
in 2007 but somehow, they were never
published. It’s a different way of working.
With the U.S. or the EU institutions, you just
need to find out what process is applicable,
whereas here you actually need to invent
the process as you go along.
Sidley’s contribution to TFA is our trade
experience, which is pretty unique. The
initiative also hires Sidley as a law firm.
There’s work that I can do on a pro bono
basis, and there’s work that our Geneva
office will do with its WTO and legal
expertise on a fee-paying basis. It’s a good
combination. I think the legal experience
from a project like this is invaluable. I’m
basically running a project to harmonize
seed regulations across East Africa, which
normally I wouldn’t get to do, and I’ve had
much more exposure to
policymakers. It’s a wider
perspective.
– Jung-ui Sul is based in Sidley’s
Brussels office and is currently a fulltime member of the TransFarm Africa
policy team with funding from the
Hewlett Foundation.
up and coming community artists in the
Northampton, UK area, sought advice with
respect to a disputed insurance claim. In
September, Sidley lawyers Martin Membery
and Adriana Cotter in London advised The
Sanctuary with regard to where they stand
with the insurer, the best route to continue
with the matter and the options open to
them.
■■ In November 2010, London lawyers
reviewed a lease for the North Devon
Mental Health Service Users Forum, an
organization that provides services
for people suffering from mental
health problems and their caregivers,
including counselling, drop in sessions,
activities, It aims to reduce social isolation
and enable people to improve their
has led a team providing legal support to
whose objective is to increase awareness
the Chicago China Economic Development
of Arab culture in Britain. In January 2010,
Center (CCEDC) with regard to its China
lawyers in our London office advised the
operations. The CCEDC brings together
charity on formalizing its arrangements
members of its Board, local business
with other organisations that occupy
leaders, the City of Chicago and World
space at its premises. Mark Menhennet
Business Chicago to establish a strong
and Michael Constantine handled the
presence in China by working closely with
agreements.
■■ In January 2010, Michael Constantine
and Jade Williams-Adedeji of our London
■■ C o m m u n i t y Y o u t h P r o v i s i o n s
office advised the Federation of City Farms
Association (CYPA) is a charity providing
and Community Gardens (FCFCG) in
education services for 13-25 year olds. In
relation to the charity’s lease of premises.
January, lawyers from Sidley’s London office
FCFCG is a charity that supports, represents
advised CYPA on its rights regarding its
and promotes community-managed farms,
possible eviction. Mark Menhennet and
gardens, allotments and other green
Michael Constantine are handling the
spaces.
ongoing matter.
studio space and gallery resources for
groups. By providing social and meaningful
■■ The Arab British Centre is a charity
leaders, and the media.
organisation that provides affordable
representation and various support
teachers for migrant children. Tang also
Chinese government leaders, business
■■ T h e S a n c t u a r y, a n o t - f o r- p r o f i t
Pro Bono From A Global Perspective
continued
confidence and self esteem, as well as learn
■■ Sidley lawyers from New York and
resource-constrained regions by employing
new skills. Mark Menhennet and Gurminder
Washington, D.C., are representing Tiyatien
an integrated, comprehensive and
Sang handled the lease review.
Health, a 501(c)(3) nonprofit social justice
community-based approach. In 2010, Sidley
organization that is organized as a unique
provided employment and tax advice,
partnership between rural communities
as well as advised on a memorandum of
in Liberia and U.S.-based health
understanding between the organization
professionals. Tiyatien has partnered with
and its nonprofit counterpart in Liberia. Jeff
the Liberian National AIDS & STI Control
Berlin, Diane McEnroe, Rahul Khara, Kris
Program and Ministry of Health and
Kirkwood, Mirt Zwitter-Tehovnik, Nicholas
Social Welfare to launch the HIV Equity
De Baun and Chisoo Kim are helping with
Initiative—Liberia’s first comprehensive,
the representation.
■■ Sidley is advising Crisis Action, Inc.,
the U.S. branch of the international Crisis
Action network of nonprofit organizations,
on various matters relating to its
incorporation and the establishment of
its office in New York. Crisis Action is an
international nonprofit organization that
aims to help avert conflicts, prevent human
rights abuses and ensure that governments
fulfill their obligations to protect civilians
by helping other organizations that
share the same goals to more effectively
community-based antiretroviral treatment
program. Tiyatien is currently working to
demonstrate that high-quality HIV care
can be achieved even in Liberia’s most
Photo Credit: CEJI
advocate, amplify and coordinate their
messages and work. Crisis Action works
in a flexible manner and with different
partner organizations. Among other
things, Sidley helped Crisis Action with
its corporate organization as a New York
nonprofit organization and drafted the
formation and governance documents;
helped prepare its application for tax
exemption and represented Crisis Action in
the application process in front of the IRS;
provided assistance and advice on various
employment law and U.S.-immigration
related matters, including a non-immigrant
visa petition for Crisis Action’s executive
director; and advised Crisis Action on
restrictions on activities of charitable
organizations that are active in countries
subject to U.S. sanctions. Anne Falvey and
Robert Babb* have been managing the
firm’s overall work for Crisis Action. Lisa
Crosby has advised on Office of Foreign
Assets Control-restrictions. Tara Conroy,
Adam Tomiak, Marjorie Anne Baltazar and
Lucy Kurczewski* assisted with respect to
immigration and certain employment law
aspects. Finally, Mirt Zwitter-Tehovnik and
Marshall Feiring provided tax advice.
P erson
to
P erson :
CEJI is a Jewish contribution
to an inclusive Europe. We’re a
European-level NGO working
primarily for diversity education and
antidiscrimination advocacy.
We have the possibility to make an impact
at a transnational level, but we are only six
people, working with partners in more than
25 countries. We’re an under-resourced
NGO with a very big mission. The Sidley
lawyers have been extremely professional
and supportive, which makes a huge
difference for us, especially with our limited
financial resources.
We’ve followed the Equality Directive and
drafted a policy response with Sidley’s help
that we sent to people in the European
Commission and Parliament, as well
as NGO partners. The Equality Directive
proposes to protect Europeans from
discrimination on the grounds of religion or
belief, age, sexual orientation and disability
in all governmental functions and in access
to goods and services. Sidley reviewed
the arguments some policymakers made
regarding subsidiarity (which ensures that
actions at the European level are justified
in the light of the protections available at
the national, regional or local level). Our
staff needed Sidley’s help to do that—to
establish the legitimacy of the proposals
and justify the powers in the legislation.
In Europe, we are a bridge in terms of a
globalized world; people see Europe as a
mediator and a laboratory for a meeting
of cultures. The question is how do we
live together in society. CEJI is facing
these tough social challenges and trying
to facilitate a better dialogue and more
effective and honest cooperation, using
education as a tool for social
transformation and conflict
resolution.
— Robin Sclafani, Director, CEJI
A Jewish Contribution
To An Inclusive Europe
Sidley’s Sponsorship of Pro Bono Graduate Fellows and Deferred Associates
Sidley’s commitment to pro bono work
work for three to four months at inMotion,
cases, one on the eve of trial and in
is reflected in its fellowship/externship
Inc., an organization that provides free
another case, she obtained for her client
program, which allows associates to
legal services to indigent and low-income
full custody of the client’s daughter. In one
work at nonprofit organizations in the
women and children in domestic crisis.
case, Christian ingeniously succeeded in
community either before they begin
Spotlight 2010:
inMotion Externs
getting the offender’s Twitter posts into
working at the firm or, in the case of the
New York office, after they have been
with the firm for some time. Through the
program, Sidley provides a fellowship
stipend or pays the salary of the fellows
or externs to allow them to work for a
nonprofit organization for about ten
weeks. In Washington, D.C., Los Angeles
As explained earlier, the firm has worked
on hundreds of inMotion matters as part
of its pro bono commitment and also
evidence, cross-examined the offender
on threats he had made via that Twitter
account, and ultimately the client was
granted a two-year Order of Protection.
has provided generous financial support
through its role as one of inMotion’s
corporate partners.
and Chicago, associates can choose
A c r o s s 2 0 1 0 , N e w Yo r k a s s o c i a t e s
among a variety of nonprofit organizations,
Jackie Lu and Christian Elloie served as
including those that provide direct
inMotion Externs. Their work included
services to indigent people, as well as
divorce, custody, child support and order
those that engage in impact litigation
of protection cases throughout the city.
and policy work. In New York, associates
Jackie successfully settled two divorce
Additional Public Interest Internships by Incoming Associates
Matt Altshuler
Legal Services of NYC
Jeremy Fischbach
New York University School of Law
Sonia Marquez
Latino Justice PRLDEF
Laura Bayard
National Immigration Justice Center
Brian Gale
University of Chicago Law School
Shannon Murphy
Cabrini Green Legal Aid
Michael Bloom
University of Chicago Law School
Lauren Gallagher
Best Friends Animal Society
Narimane Nabahi
Mile End Legal Clinic
Molly Brooks
Executive Service Corps
Aravind Ganesh
UN Special Rapporteur
Andrew Propps
Metropolitan Opera
Joe Carder
Chicago Volunteer Legal Services
Audrey Christopher
Legal Aid
Danya Resnick
Exoneration Initiative
David Carey
Danny Greenfield
Center on Wrongful Convictions
Camille Roberts
National Center For Youth Law
Srikant Cheruvu
ACLU of Texas
Veena Gursahani
Health & Disability Advocates
Steve Robinson
Legal Assistance Foundation
Samuel Choi
Philadelphia Defender Association
Barry Huang
Jed Rosenkrantz
Chicago Volunteer Legal Services
Hanna Chouest
Poverty and Race Research Action Council
Melissa Hung
DC Coalition Against Domestic Violence
Liesl Schweizer
Ziman Center, UCLA
Whitney Cox
Texas Rio Grande Legal Aid
Jason James
Columbia Law School
Daniel Spira
Equip for Equality
Vijay Desai
Texas Rio Grande Legal Aid
Dennis Kao
University of Toronto
Jennifer Erhard Rice
Health & Disability Advocates
William Mahouski
New York Legal Assistance Group
Michelle Wheelhouse
The Legal Aid Bureau of
Metropolitan Family Service
Sarah Fick Vendzulez
Brooklyn Defender Services
Rachel Margolis
Equip for Equality
Aamir Wyne
University of Pennsylvania
CH In February, Sidley’s Chicago Pro Bono
significant filings and innovative motions,
the credibility of their client, the brief, and
Committee hosted its annual Thomas
including self-initiated DNA testing.
the expert report, granted asylum. Rachel
H. Morsch Pro Bono Awards Reception
Newman won asylum for her client and
Niewoehner nominated the associates and
to recognize Sidley lawyers for their
derivative asylum for her client’s daughter
presented their awards.
dedication to pro bono matters over the
and husband. Mel Washburn, partner and
previous year. The Thomas H. Morsch
co-founder of the Political Asylum and
Award was presented to four associates
Immigrants’ Rights Project, presented the
who exemplify the spirit and principles
award.
of pro bono service that partner Thomas
Morsch demonstrated in his own work
and leadership during his many years at
the firm. The award includes a $1,000 firm
contribution that recipients may designate
to a Chicago pro bono agency of their
choice. The Honorable Maureen E. Connors
of the Circuit Court of Cook County/Probate
Division delivered the keynote speech.
Victor Quintanilla* received an award for
his work on a Fair Housing Act appeal.
Victor took the laboring oar on an en banc
petition on behalf of the plaintiffs, and
Ariella Omholt and Peter Shaw* received
after review was granted, was instrumental
awards for their efforts on an asylum
in prevailing upon the U.S. Department of
petition for their client from Cameroon.
Justice to file an amicus brief supporting the
The pair worked extensively with the
clients. In November 2009, we received a
client to uncover her very painful story
unanimous decision from the en banc court
of interrogation and physical abuse,
in the clients’ favor. Our success was an
including sexual assault, and prepared
important victory for civil rights as well.
her for a long and carefully-crafted direct
As the Chicago Lawyers’ Committee for
examination. Omholt and Shaw were
Civil Rights Under Law noted, “[i]t is again
At the reception Sarah Newman was
lauded for their “phenomenal” brief,
clear that the [Fair Housing] Act covers, for
recognized for her work on an Asylee
significant since both were then first-year
example, sexual harassment of tenants,
Relative petition for a woman who fled
associates. At the hearing, Ariella put on
racial intimidation and harassment
the Democratic Republic of Congo with
direct testimony of the client for more than
of tenants and homeowners, and
her oldest daughter, leaving her husband
two hours and handled the government’s
discriminatory denial of services to racially-
behind, and was forced into hiding.
cross examination. Peter prepared an
identifiable communities or tenants.” Gary
Newman’s work on the case included
outstanding opening statement and
Feinerman*, who also worked on the case,
closing argument. The court, swayed by
presented the award.
Former partner and now U.S. District Court Judge Gary
Feinerman (right) presented one of the 2009 Thomas
H. Morsch Awards to Victor Quintanilla for his efforts
on a Fair Housing Act appeal.
Retired partner Tom Morsch (left), in whose honor the awards are given, with keynote speaker Hon. Maureen E.
Connors and partner Bill Conlon at the Thomas H. Morsch Pro Bono Awards Reception in Chicago.
DC Ron Flagg, Firmwide Chair of
Sidley’s Committee on Pro Bono
and Public Interest Law, received the
2010 Vincent E. Reed Award from the
Washington Lawyers’ Committee
for Civil Rights and Urban Affairs.
Recognizing Flagg’s commitment to
public education issues in Washington,
D.C., the Committee presented
the award on June 16 at the Wiley A.
Branton Awards Luncheon, which is
Ron Flagg (third from left) received the 2010 Vincent E. Reed Award from the Washington Lawyers’ Committee
for Civil Rights and Urban Affairs (WLC). Also pictured here are (left to right) Broderick Johnson of Bryan Cave,
Wiley A. Branton Award recipient John Keeney, Jr., WLC Executive Director Roderic Boggs, WLC Co-Chair George
Ruttinger, Don Kahl, Executive Director of the Equal Rights Center and WLC Co-Chair Donald Remy.
named for Sidley’s late partner and
prominent civil rights lawyer.
NY On February 9, 2010, Sidley received
LA On June 10, Brian Washington, Steve
clinics. Since September 2007, Sidley and
the inMotion, Inc. 2009 Commitment to
Ellis* and William Tran* received the 2010
Exelon have co-hosted quarterly clinics,
Justice Award. At the awards ceremony in
Humanitarian Award from the American
which provide assistance to asylees and
New York, lawyers who participated in the
Civil Liberties Union of Southern California
refugees filing petitions to obtain lawful
2004-2009 Sidley Externship Program were
in recognition of their outstanding work in
permanent residence. Exelon’s Assistant
also honored with a special Legal Team
Rodriguez v. Hayes. Their client, Alejandro
General Counsel Margaret B. Balsley-Cross
Award.
Rodriguez, was imprisoned for more than
accepted the award, thanking Kelly Huggins
three years without a hearing, an injustice
and Alexa Warner for their work organizing
that spurred Rodriguez’ challenge to the
the clinics.
CH The AIDS Legal Council of Chicago
(ALCC) honored Sidley as the sole recipient
of their 2010 Friend of the Council Award
in a ceremony on April 29, citing the firm’s
“outstanding support and unwavering
commitment” to the Council and its clients.
Dick O’Malley, Chicago chair of the Pro
Bono and Public Interest Law Committee,
accepted the award on behalf of the firm
and fellow partner Kathy Roach, who has
served ALCC for years as a board member
and advocate. Angie Chester and current
ALCC board member Reena Jashnani also
U.S. government’s policy of imprisoning
certain categories of lawful permanent
residents and other immigrants for
extended periods without a hearing. In a
unanimous ruling, the Ninth Circuit held
that Rodriguez could litigate his statutory
and constitutional claims as a class action.
Brian, Steve and William worked with a
team of lawyers from the ACLU and the
Stanford Law School Immigrants’ Rights
Clinic on the matter.
DA In October 2010, the Human Rights
Initiative (HRI) presented its annual
Outstanding Young Associate Award to
Lauren Grau at the Dallas Bar Association/
Dallas Volunteer Attorney Program pro
attended. A nonprofit organization, ALCC
CH O n J u n e 4 , f i r m c l i e n t E x e l o n
bono awards ceremony, commending her
is dedicated to protecting the legal rights
Corporation received the Midwest Light of
work with HRI’s Asylum Program. Grau,
of individuals in the metropolitan Chicago
Human Rights Corporate Award from the
an associate in Sidley’s Dallas office, has
area impacted by HIV/AIDS.
National Immigrant Justice Center. Exelon
represented an Egyptian family in their
was honored in part for its work with Sidley
religious asylum case since September
through our Refugee and Asylee Assistance
2008.
continued
Washington, D.C. lawyers and legal assistants who received the 2009 Vincent F. Prada Pro Bono Award, devoting 60 or more hours to pro bono work over the course
of the year.
DC On June 24, Ron Flagg was installed
may designate to a D.C. legal services
included Prada’s widow, Jana Singer, his
as the 39th President of the District of
organization. Patricia Mullahy Fugere,
son, Michael Prada, and representatives
Columbia Bar. Flagg was sworn in by
Executive Director of the Washington
from local legal services organizations.
Chief Judge Eric T. Washington of the D.C.
Legal Clinic for the Homeless, delivered
Sidley contributed to eight legal services
Court of Appeals during the Bar’s Annual
a moving keynote address, describing
organizations, including the Washington
Business Meeting and Awards Dinner. The
the impact of pro bono work on the
Legal Clinic for the Homeless, in honor of
President’s reception before the meeting
homeless community in D.C. Attendees
awardees.
benefits the D.C. Bar Pro Bono Program.
Outgoing D.C. Bar President Kim Keenan
expressed special appreciation for
Sidley’s support of the Pro Bono Program
and recognized that Sidley lawyers
individually had contributed more than
$40,000 to support the reception.
DC In July, the Washington, D.C. office
held its fourth annual Vincent F. Prada Pro
Bono Awards Ceremony, commemorating
Sidley’s late partner Vincent Prada,
who devoted 14 years of his life to
representing an inmate on death row.
The Vincent F. Prada Award was presented
to lawyers, legal assistants and staff
who devoted 60 hours or more to pro
bono work in 2009. The award includes
a $100 firm contribution that recipients
The D.C. office was honored to host late partner Vince Prada’s family, his widow, Jana, and son, Michael, at the
2009 Vincent F. Prada Awards Ceremony. Pictured here are D.C. Pro Bono Chair Jeff Green, Michael, partner
Mark Hopson, Jana, Firmwide Pro Bono Chair Ron Flagg, keynote speaker Patricia Mullahy Fugere and Pro
Bono Counsel Becky Troth.
(Left to Right) First-year associates Ani Avetisyan, Melissa Evidente, Christopher Munsey, Yolanda Ochoa and Meehan Rasch received certificates for participating in
the Los Angeles office’s Pro Bono Fellowship Program.
LA The Los Angeles office held its
week fellowships at area public interest
annual Pro Bono Awards Ceremony
organizations before beginning work at
on August 5, where 33 lawyers were
Sidley, were also recognized. In addition,
recognized for devoting 60 or more hours
two University of Southern California law
to pro bono work between July 2009 and
students were recognized for receiving
June 2010. The five first-year associates
Sidley Public Interest Fellowships which
who participated in the office’s Pro Bono
supported their summer fellowships with
Fellowship Program, completing eight-
public interest organizations.
Awards and certificates at the Los Angeles office
Pro Bono Awards Ceremony.
DC Muslim Advocates, an entity of the National Association
of Muslim Lawyers, awarded Sidley its 2010 Thurgood Marshall
Pro Bono Award. Muslim Advocates honored us for our work on
Muslim Advocates v. U.S. Department of Justice, a case that addresses
concerns about U.S. federal agents infiltrating mosques. The
D.C.-based Sidley team, which included Ed McNicholas, Colleen
Brown, Lyndsay Huot, Brenda Abdelall* and Thaila Sundaresan,*
was recognized for its work at a dinner in San Francisco on
December 10. Keynote speaker U.S. Attorney General Eric H.
Holder became the first sitting Attorney General to address a
Muslim legal defense organization. The ceremony was featured in
both The New York Times and The Washington Post.
On behalf of Sidley, Ed McNicholas and Brenda Abdelall accepted the
Thurgood Marshall Pro Bono Award from Muslim Advocates.
continued
Chief Judge Eric T. Washington, Associate Judge Inez Smith, Becky Troth and Ron Flagg kicked off National Pro Bono Week during a reception in Sidley’s
Washington, D.C. office. More than 30 legal service providers attended the event.
DC On October 25, the Washington, D.C., office hosted more than 200 people and 30 legal service providers for a reception
and pro bono fair to kick off the National Pro Bono Week activities in the District. Ron Flagg introduced the keynote speaker,
Chief Judge Eric Washington of the D.C. Court of Appeals, who praised the significant contributions to pro bono by the D.C.
legal community. Associate Judge Inez Smith Reed, a member of the D.C. Access to Justice Commission, also attended.
DC The Washington, D.C., office sponsored a
“Jeans Day” during National Pro Bono Week to
raise funds for the D.C. Bar Foundation, which
provides grants to legal service providers in
the District of Columbia. Participants paid $5
for the right to wear jeans to work. Ron Flagg
provided additional incentive by agreeing
to shave off his 20-year-old moustache if
85% of the office’s employees participated
in the event. Upon reaching that goal (and
raising more than $5,500 for D.C. legal service
providers), Ron cheerfully shed his moustache,
an event recorded for posterity in a picture in
the Washington Lawyer.
It was the least we could do to reward Ron Flagg with a professional shave, when he put his
moustache on the line as an incentive to raise over $5,000 for the D.C. Bar Foundation. Here, he
receives royal treatment from The Art of Shaving.
2010 Pro Bono and Public Interest Law Committee Members
CHICAGO
LOS ANGELES
Richard O’Malley, Chicago Chair
312.853.7112
Jennifer Ratner, Los Angeles Chair
213.896.8617
Frederic Artwick
312.853.7529
Bradley Ellis
213.896.6632
Susan Bart
312.853.2075
Russell Cass
312.853.2202
Linton Childs
312.853.2211
James Arden, New York Chair
212.839.5889
Michael Clark
312.853.2173
Maureen Crough
212.839.7323
Maja Eaton
312.853.7123
Martin Gold
212.839.5481
Kevin Fee
312.853.7919
Dennis Hensley
212.839.5731
John Gallo
312.853.7494
John Lavelle
212.839.5396
David Gordon
312.853.7159
Henry Minnerop
212.839.5555
Eric Grush
312.853.7855
Benjamin Nagin
212.839.5911
Scott Lassar
312.853.7668
James O’Connor
212.839.8613
Prentice Marshall
312.853.7248
Michael Sackheim
212.839.5503
Kathleen Roach
312.853.7861
Edna Basquill, Pro Bono Coordinator
212.839.5529
Courtney Rosen
312.853.7669
David Siegel
312.853.7246
Paul Svoboda
312.853.4106
Jeffrey Tone
312.853.7276
Melville Washburn
312.853.2070
Neil Wyland
312.853.7869
David Zampa
312.853.4573
Kelly Huggins,
Capital Litigation Project and
Political Asylum and Immigrants’ Rights
Project Manager
312.853.3206
Emily Wexler,
Veterans Benefits Project Manager
312.853.7074
Angelyn Chester,
Pro Bono Coordinator
312.853.7871
DALLAS
Li Chen, Dallas Chair
214.981.3385
HONG KONG
Charles Allen, China Chair
852.2509.7818
NEW YORK
SAN FRANCISCO and PALO ALTO
Michael Rugen, San Francisco Chair
415.772.1290
WASHINGTON, D.C.
Ronald Flagg, National Chair
202.736.8171
Jeffrey Green, Washington, D.C. Chair
202.736.8291
Lisa Crosby
202.736.8754
Paul Hemmersbaugh
202.736.8538
Nathan Sheers
202.736.8085
Rebecca Troth, Pro Bono Counsel
202.736.8339
World Offices
Beijing
Suite 608, Tower C2
Oriental Plaza
No. 1 East Chang An Avenue
Dong Cheng District
Beijing 100738
China
T: 86.10.6505.5359
F: 86.10.6505.5360
Brussels
NEO Building
Rue Montoyer 51 Montoyerstraat
B-1000 Brussels
Belgium
T: 32.2.504.6400
F: 32.2.504.6401
Chicago
One South Dearborn
Chicago, Illinois 60603
T: 312.853.7000
F: 312.853.7036
Dallas
717 North Harwood
Suite 3400
Dallas, Texas 75201
T: 214.981.3300
F: 214.981.3400
Frankfurt
Taunusanlage 1
60329
Frankfurt am Main
Germany
T: 49.69.22.221.4000
F: 49.69.22.221.4001
Geneva
Rue de Lausanne 139
Sixth Floor
1202 Geneva
Switzerland
T: 41.22.308.00.00
F: 41.22.308.00.01
Hong Kong
Level 39
Two Int’l Finance Centre
8 Finance Street
Central
Hong Kong
T: 852.2509.7888
F: 852.2509.3110
Shanghai
Suite 1901
Shui On Plaza
333 Middle Huai Hai Road
Shanghai 200021
China
T: 86.21.2322.9322
F: 86.21.5306.8966
London
Woolgate Exchange
25 Basinghall Street
London, EC2V 5HA
United Kingdom
T: 44.20.7360.3600
F: 44.20.7626.7937
Singapore
6 Battery Road
Suite 40-01
Singapore 049909
T: 65.6230.3900
F: 65.6230.3939
Los Angeles
555 West Fifth Street
Los Angeles, California 90013
T: 213.896.6000
F: 213.896.6600
New York
787 Seventh Avenue
New York, New York 10019
T: 212.839.5300
F: 212.839.5599
Palo Alto
1001 Page Mill Road
Building 1
Palo Alto, California 94304
T: 650.565.7000
F: 650.565.7100
San Francisco
555 California Street
San Francisco, California 94104
T: 415.772.1200
F: 415.772.7400
www.sidley.com
Sydney
Level 10,
7 Macquarie Place
Sydney NSW 2000
Australia
T: 61.2.8214.2200
F: 61.2.8214.2211
Tokyo
Sidley Austin Nishikawa
Foreign Law Joint Enterprise
Marunouchi Building 23F
4-1, Marunouchi 2-chome
Chiyoda-Ku, Tokyo 100-6323
Japan
T: 81.3.3218.5900
F: 81.3.3218.5922
Washington, D.C.
1501 K Street N.W.
Washington, D.C. 20005
T: 202.736.8000
F: 202.736.8711
03/2011
Sidley Austin LLP, a Delaware limited liability partnership which operates at the firm’s offices other than Chicago, London, Hong Kong, Singapore and Sydney, is affiliated with other partnerships, including
Sidley Austin LLP, an Illinois limited liability partnership (Chicago); Sidley Austin LLP, a separate Delaware limited liability partnership (London); Sidley Austin LLP, a separate Delaware limited liability
partnership (Singapore); Sidley Austin, a New York general partnership (Hong Kong); Sidley Austin, a Delaware general partnership of registered foreign lawyers restricted to practicing foreign law (Sydney);
and Sidley Austin Nishikawa Foreign Law Joint Enterprise (Tokyo). The affiliated partnerships are referred to herein collectively as Sidley Austin, Sidley, or the firm.
Attorney Advertising. For purposes of compliance with New York State Bar rules, Sidley Austin LLP’s headquarters are 787 Seventh Avenue, New York, NY 10019, 212.839.5300 and One South Dearborn,
Chicago, IL 60603, 312.853.7000. Prior results described herein do not guarantee a similar outcome.
www.sidley.com

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