Summary of S.1348 (the Senate Comprehensive Immigration Reform Bill ...

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Pro Bono Annual Report 2004 Message from the Chairman 1 Year in Review: . Pro Bono at Latham 3 . Global Pro Bono Efforts 5 . New Pro Bono Counsel 6 . Office Highlights 7 New Jersey Office of the Child Advocate 12 Texas Prisoner Released from Death Row 18 California Youth Authority 24 Human Rights & Refugee Practice 30 Equal Justice Works Fellows 34 Pro Bono Committee 36 Latham & Watkins operates as a limited liability partnership worldwide with an affiliate in the United Kingdom and Italy, where the practice is conducted through an affiliated multinational partnership. © Copyright 2005 Latham & Watkins. All Rights Reserved. Latham & Watkins
Pro Bono Annual Report 2004 Message from the
Chairman and Managing Partner At Latham & Watkins, we recognize that as
attorneys we have both the ability and the
duty to help ensure that the doors of justice
are open to all. By providing pro bono legal
services to low-income individuals and
nonprofit organizations without the ability
to pay, we take an active role in our
communities and make public interest
issues an integral part of our practice of law. Our attorneys and paralegals volunteer
thousands of hours of their time and expertise
to help those who might otherwise be denied
access to the justice system. As a leading global
law firm, Latham has become one of the largest
providers of free legal services in the world,
contributing approximately $150 million in
pro bono services over the past five years and
more than 101,000 hours in 2004 alone. As you read this annual report of our pro bono
efforts, I hope you will join us in celebrating the
firm’s pro bono accomplishments in 2004 and our
strong tradition of community involvement and
outstanding public service. Robert M. Dell
Chairman and Managing Partner 1 Can Latham lawyers make a difference? You bet they can. Pro bono work by committed lawyers working with the resources of a dedicated, global law firm can make a real difference in all types of matters of public interest, in the lives of those without means, and in the pursuit of justice. Jim Kearney, Pro Bono Committee Chair ” “ 2 Our pro bono practice has become a hallmark of
our firm, central to our culture and an important
part of life at Latham & Watkins. Latham
attorneys recognize that as lawyers we have
a duty to help ensure that the doors of justice
are open to all, regardless of income. The goal
of the firm’s pro bono practice is to provide free
legal services to those in our communities who
lack the ability to pay and who are most in
need of those services. Latham is well-known for its commitment to
public service, and the firm’s pro bono program
is consistently ranked as one of the top pro
bono programs among private law firms. In
2004 alone, Latham provided more than 101,000
hours of free legal services valued in excess of
$33 million, with 1,014 attorneys in 19 offices
participating in the program. Over the past
five years, Latham has provided free legal
services valued at approximately $150 million,
addressing the legal needs of low-income
individuals and nonprofit organizations in the
communities that we serve. As the firm’s overall practice has grown around
the world, Latham’s pro bono practice similarly
has become a global endeavor. Our pro bono
work crosses almost every area of public
interest law, including litigation, transactional
and administrative matters. It includes human
rights and refugee issues, children’s rights,
foster children adoptions, homelessness prevention and landlord/tenant issues,
community economic development, nonprofit
corporation counseling and representation,
assistance to victims of domestic violence,
consumer law, public benefits, international
law, civil rights and death penalty work. As an essential part of our pro bono practice,
Latham works with more than 60 local, national
and international legal services providers, bar
associations, human rights and civil rights
organizations, federal and state courts and other
community partners and nonprofit groups to help
identify pro bono projects and community needs.
In addition, these community partners often
work directly with Latham attorneys in providing
legal services and are invaluable to our pro bono
practice, which could not exist without their
tireless work and support. As a signatory to the Law Firm Pro Bono
Challenge, the firm has committed to provide,
at a minimum, the equivalent of 60 hours per
US attorney per year in pro bono legal services.
We have met this goal every year since 2000,
when we made the commitment. Latham
encourages and supports the participation of
all of its attorneys in the program. Moreover,
associate pro bono hours are treated by the
firm the same as commercial billable hours for
purposes of associate evaluation, promotion and
bonuses. There is no cap on pro bono hours. Pro Bono at Latham & Watkins From the Pro Bono Committee Hours 101,000 Participating attorneys 1,014 Participating offices 19 Value of services provided $33 million Pro Bono Year in Review 2004 2004 Pro Bono Highlights 3 In 2004, about 75% of Latham’s US
attorneys, in addition to more than
100 attorneys in non-US offices,
participated in the pro bono program.
US offices averaged approximately
77 hours of pro bono per attorney.
Participation levels of Latham
summer associates, paralegals and
staff in the pro bono program also
demonstrate the firm’s deep
commitment to pro bono. In 2004,
more than 80% of the firm’s
summer associates participated
in the pro bono program. Paralegals
and staff also made significant
contributions to the firm’s pro
bono efforts. Statistics, however, cannot
communicate the dramatic stories
of help, hope and access to the legal
system that make up the more than
101,000 hours of free legal services
the firm provided in 2004. The
accounts in the following pages
relate some of these stories. Who Does
Pro Bono
at Latham? • More than 1,000 attorneys
worldwide • About 75% of US attorneys From 2000 to 2004,
Latham attorneys
provided free legal
services valued
at approximately
$150 million. $150 million
2000-2004 $33 million 2004 4 Global Expansion of the Pro Bono Program
2004 marked a year of global expansion of
Latham & Watkins’ pro bono program. As the
firm grows and adds offices around the world,
so too the firm’s pro bono practice has grown
and developed into a global practice. Latham
now handles local pro bono matters in our
offices across the globe, as well as important
international projects which are cross-staffed
with attorneys worldwide. Several of Latham’s non-US offices
appreciably increased their pro bono
efforts in 2004. The basis of our increased
pro bono efforts around the globe is the
commitment of Latham’s non-US
attorneys to the communities they serve,
as well as participation of firm attorneys
across many offices in matters important
to the world community. In 2004, more than 100 of the firm’s
non-US attorneys participated in the pro
bono program, which represents about
a third of Latham’s non-US attorney
population. Non-US attorneys averaged
20.4 hours of pro bono per attorney –
a significant increase over past years. A Groundbreaking Study of
Pro Bono Around the World
In 2004, the firm undertook a study of pro
bono practices around the world. Just as
cultures differ from nation to nation, so do
legal systems and the pro bono practices
within them. Working together with the
Pro Bono Institute in Washington, D.C.,
Latham prepared a survey of pro bono
practices, laws, cultures and opportunities
in 11 different jurisdictions. A team of
associates and summer associates from our
New York, London, Brussels, Hamburg,
Paris, Milan, Washington, D.C. and
Moscow offices conducted an in-depth
study of pro bono in France, the
Netherlands, Germany, the UK, Ireland,
Poland, Italy, Switzerland, Israel, Sweden and Belgium. Another team investigated pro
bono opportunities before international tribunals
and courts, such as the European Court of
Justice. We are currently expanding the scope
of the survey to include jurisdictions in Asia.
The survey is the first of its kind and was met
with much interest at the Pro Bono Institute’s
annual seminar in Washington, D.C. Global Pro Bono Matters
The firm also has taken on an assortment of
important and compelling international pro
bono matters that impact developing countries,
has partnered with a large multinational client
in developing and implementing a corporate
pro bono program for its international legal
department, and has partnered with global
nonprofit organizations on matters related
to human rights and other important
international issues. Latham’s Global Pro Bono Efforts 2002 2004 2002 2004 2002 2004 2002 2004 2002 2004 Latham’s average number of pro bono hours per
non-US attorney increased dramatically from
2002 to 2004, as these examples show. Total Avg. London Moscow Hamburg Paris (Non-US) 24.8 20.4 17.3 23.1 26.4 5.1 3.4 4.6 4.7 8.3 Hours 6,500 Participating attorneys 105 Participating offices 8 Value of services provided $2 million 2004 Pro Bono Highlights (Non-US) 5 Latham & Watkins
Appoints Amos Hartston
As Pro Bono Counsel In August 2004, Latham appointed Amos
Hartston as the firm’s Pro Bono Counsel. Amos joined the firm in 1996 and is an
intellectual property litigator in Latham’s
Los Angeles office. Amos was awarded the
2002 Advocate of the Year Award by the
Public Counsel Law Center, the largest public
interest law firm in the nation, and received
the Los Angeles County Bar Association’s
Barrister of the Month Award for October
2002. In addition, Amos was individually
recognized when the firm received the State
Bar of California’s 2003 President’s Pro Bono
Service Award, as well as in connection with
the 2003 Volunteer Law Firm of the Year
award from Bet Tzedek Legal Services, a
Los Angeles-based nonprofit law center. Amos previously served on the firm’s Pro Bono
Committee and coordinated the pro bono efforts
of the Los Angeles office. As Pro Bono Counsel,
he works with the Pro Bono Committee to help
lawyers in each office continue to provide
high-quality pro bono legal services and carry
on the firm’s program as one of the best and
largest pro bono practices in the world. Amos has been involved in public interest law
and community service for many years. Prior to
attending law school, Amos developed his
appreciation of the importance of public interest
work as a volunteer at the Legal Aid Foundation
of Santa Barbara County, assisting with
landlord/tenant issues, family law, public benefits
and domestic violence matters, and developing
the county’s volunteer lawyers program. At the
Georgetown University Law Center, Amos
helped to obtain restraining orders for battered
women by working with the Family Division of
Washington, D.C.’s Office of Corporation Counsel
and Georgetown’s Sex Discrimination Law Clinic.
Amos also interned at the Legal Services
Program in Pomona, California, and the
Domestic Violence and Child Abuse Unit of
San Diego’s Office of the City Attorney. At Latham, in addition to his commercial practice
as an intellectual property litigator, Amos has
continued his commitment to pro bono, assisting
low-income residents in Los Angeles County to
ameliorate deplorable housing conditions and
defend against eviction proceedings, and leading
the firm’s representation of California families
affected by the September 11, 2001 terrorist
attacks. Amos also has continued to assist
domestic violence victims in obtaining restraining
orders and has taken on other pro bono matters
ranging from real estate fraud litigation and
representation of nonprofits in various matters
to an asylum claim for an unaccompanied minor
which resulted in a published and frequently
cited Ninth Circuit opinion. Amos succeeds Steve Schulman, an antitrust
litigator in our Washington, D.C. office. As Pro
Bono Counsel, Steve helped lead the firm’s pro
bono program through dramatic growth over the
past several years, including significant increases
in pro bono participation, development of the
firm’s human rights and refugee practice as well
as its signature Child Refugee Project, and
ultimately the firm’s receipt of the prestigious
American Bar Association’s 2003 Pro Bono
Publico Award. 6 Asylum for Political Refugees Chicago partner Robin Hulshizer and associate Scott Schoettes won asylum for a refugee from
Sudan who had been imprisoned,
tortured and harassed by Sudanese
security forces because of his
membership in the Democratic
Unionist Party. Latham prepared
the client’s application for asylum
and represented him throughout
the entire three-year process,
including in his asylum hearing
in immigration court. At the
conclusion of the three-hour
evidentiary hearing (which had
been moved up one month with
little advance notice), the
immigration judge granted our
client’s application for asylum. Chicago associates Amy Kappeler and Brian Koncius won asylum for a Colombian
agricultural engineer who was
targeted by and received threats
from the Revolutionary Armed
Forces of Colombia (FARC) for
his political opinions and his work
with peasant farmers. Amy and
Brian worked with their client and
his family in Colombia to gather
documents supporting the claim
for asylum, researched country
conditions and relevant case law,
drafted a winning trial brief and
successfully presented the case
to the immigration court. Defending Fairness in
Criminal Sentencing Latham successfully represented
a criminal defendant before the
Seventh Circuit Court of Appeals
in an appeal of a sentence for
possession of a firearm. As argued
by associates Matt Mock and André Geverola in the appellate brief and at oral argument, the
client’s sentence was based in
part on factors that should not have
been considered by the trial judge.
In a published opinion by Judge
Easterbrook, the Seventh Circuit
agreed, vacating the sentence and
remanding the case to the district
court for re-sentencing. Immigration in the
Post-9/11 World The immigration case of client
Ibrahim Parlak turned into a national
debate on the enforcement of
immigration laws in the post-9/11
world. Mr. Parlak is a Turkish Kurd
who was tortured and imprisoned in Turkey in the 1980s for his
participation in the Kurdish rights
movement. After the Immigration
and Naturalization Service (INS)
granted Mr. Parlak asylum in 1992,
he became a model immigrant,
building a successful restaurant in
Michigan that caters to Chicago’s
weekend resort community. He is
also the father of a seven-year-old
American daughter and is beloved
by his community. In 2004, the
Department of Homeland Security
(DHS) sought to deport Mr. Parlak
on the basis of the same facts by
which the INS granted him asylum
in 1992. DHS arrested Mr. Parlak,
labeled him a terrorist and held
him without bail based upon his
activities prior to coming to the
United States. Partner David Foster and associates Jay Marhoefer and Cindy Sobel represented Mr. Parlak at his two-day deportation
hearing, which received extensive
local and national media attention,
including a cover story in The New ” “ Latham provides so many different ways to fulfill this commitment. I have always enjoyed my pro bono cases because they allow me to use my skills to make a positive difference in my community. Mary Rose Alexander, partner in the Chicago office Providing legal services for those most in need and least able to pay is an integral part of being a lawyer. Chicago The Chicago office has a strong mix of pro bono work that spans most of the firm’s practice areas. Attorneys in the Chicago office provide transactional advice on community economic development issues and individual representations of juvenile offenders, victims of domestic violence, immigrants seeking asylum and others in need. In 2004, Chicago attorneys provided more than 7,700 hours of free legal services to the community. Office Highlights 7 York Times Magazine. The
immigration judge eventually ruled
against Mr. Parlak, and Latham has
filed a Notice of Appeal to the Board
of Immigration Appeals outlining
dozens of errors of fact and law in
the immigration judge’s decision. Expanding Innovative
Education Tools to the Internet The Chicago Metro History
Education Center (CMHEC) is
an independent and nonprofit
educational program serving
students, teachers and parents in
the city of Chicago and surrounding
counties. CMHEC’s approach is to
develop teaching tools which
facilitate a project-based, inquiry
method of learning history. Latham
partner Marcelo Halpern and associate Jacob Drouillard assisted CMHEC in the creation
of an intellectual property
development agreement with a
third-party software developer
related to an Internet-based learning
environment to extend the reach of
CMHEC’s educational materials. In
addition to drafting the agreement,
Latham worked with CMHEC on a
number of other matters, including
intellectual property issues and helping to ensure that
its educational mission
is preserved while
working with its
for-profit partners. Providing Due
Process to a
Licensed Nurse Partner Jim Cherney and associates Veronica Silva-Minin and Leslie Rosen assisted a registered nurse whose
license had been suspended
without due process after she
had fought with the Department
of Financial and Professional
Regulation for nearly two years
over what the Department admits
was the result of a series of
unfortunate computer and
personnel errors. One element
of those errors included the
Department’s publication of a
false and defamatory remark on
its Web site, making it virtually
impossible for the nurse to obtain
employment. Latham succeeded
in obtaining the reinstatement of
our client’s license and had the
defamatory remarks removed
from the Department’s Web site. Advising Human Rights Watch Human Rights Watch, the largest
human rights organization based
in the US, conducts fact-finding
investigations into human rights
abuses in all regions of the world.
As part of its mission, Human Rights
Watch publishes its findings in
dozens of books and reports every
year, generating extensive coverage
in local and international media.
Associates Tobias Klass and Christian Meyn are advising Human Rights Watch on its German
activities, including in connection
with various corporate and tax
issues. Recently, the prestigious
Theodor-Heuss Foundation
announced that it will award its
highest honor to Human Rights
Watch for “the even-handedness
and credibility” of its global
reporting. Human Rights Watch
plans to open its first office in
Germany in the spring of 2005.
As Human Rights Watch’s activities
grow in Germany, the firm plans to
continue providing support. Supporting Restitution Claims For many years, Latham has
represented a Norwegian citizen
whose parents held interests in
three German companies before
and during the Second World War.
After the war, her parents’ interests
in the companies were expropriated.
Over the past several years, we
have advised our client in
connection with various legal
proceedings against German
authorities. In 2004, one of the
claims finally met with success,
and the responsible authority
agreed to pay restitution to our
client. Since the retirement of Hamburg The Hamburg office’s pro bono practice continued its dramatic growth in 2004. Hamburg attorneys averaged 23.1 pro bono hours per attorney, up from an average of 13.8 hours in 2003 and 5.1 hours in 2002. The Hamburg office logged more than 1,300 hours to pro bono in 2004. The following stories include some of the significant pro bono matters from Hamburg. ” “ The heartfelt gratitude of our clients and the sense of individual well-being are a source of great personal satisfaction. Philip Watkins, associate in the London office Working on pro bono matters has been one of the most exciting and rewarding aspects of my time at Latham. 8 partner Ernst Löwe , partner Thomas Sievert has been primarily responsible for this representation
with assistance from associate Klaas Ziervogel . Helping Tsunami Victims In December 2004, a powerful
earthquake occurred just off the
coast of Indonesia, triggering
devastating tsunamis that killed
tens of thousands of people in
more than a dozen countries
and left millions more destitute.
Donations in response to the
tsunami disaster in South Asia
have been overwhelming
worldwide, often initiated by private
persons without any organizational
background. A team of Hamburg
attorneys including associates Christian Meyn and Uwe Paschen and partner Sven Oswald helped establish the Serendib Foundation,
a fund dedicated to the rebuilding
of the village of Unawatuna in
Sri Lanka and neighboring areas.
Within six weeks the fund collected
more than €500,000 (more than US
$650,000) following public and TV
appearances by the founder, who
survived the flood wave in
Unawatuna. Working with Rosetta Life Rosetta Life is a charitable
organization whose primary
objective is to provide palliative care
for hospice users through the
creation of films, video diaries
and other means related to issues
affecting their daily lives. Associate Luke Grubb , with the supervision of partner Andrew Moyle , assisted Rosetta Life in negotiating and
drafting contracts with performers
and film sponsors, including the
Department of Media, Culture &
Sport, for the Rosetta Live! festival. Representing the
Roundhouse Theatre The Roundhouse Theatre is an
internationally renowned arts venue
in North London. London attorneys
are advising the Roundhouse in
connection with its attempt to raise
money for its redevelopment as a
youth performing arts venue through
funders such as Arts Council
England, the Welcome Trust,
Heritage Lottery Fund and the
London Development Agency. This
representation is being handled by
associates Philip Watkins , Mark Robinson and Ashrafa Khanbhai under the supervision of partner Nigel Campion-Smith . Assisting the Junior
League of London The Junior League of London, a
member of the Association of Junior
Leagues International, is a nonprofit
organization of women committed to promoting volunteerism, developing
the potential of women and
improving the community. Active in
the London area since 1978, more
than 450 members provide in
excess of 30,000 hours of voluntary
service each year. The volunteers
work in partnership with community
agencies at the neighborhood
level by addressing the problems
of families in need through various
projects, programs, events and
initiatives. Associates Philip Watkins and Hannah Wills , under the supervision of partner Bryant Edwards , assisted the Junior League of London with changing its
corporate form and related matters. Continuing the Relationship
with Learning for Life Learning for Life is a UK registered
charity working with local South
Asian partners to increase the
quality and provision of education to
the most marginalized communities
– in particular girls, refugees and
the disabled. The charity’s work
benefits more than 13,000 children
a year through various education
programs. Associate Christopher Hitchins and Los Angeles associate London The London office continued in 2004 to provide pro bono assistance to various individuals and organizations amounting to more than 2,000 hours of free legal services and averaging more than 24 hours of pro bono per attorney. As the London office continues to grow, so too does its commitment to pro bono and community service, providing much-needed support to the community. Pro bono work performed by Latham & Watkins attorneys on behalf of women involved in violent crimes earned the firm recognition as a recipient of the Abby J. Leibman Pursuit of Justice Award presented annually by the California Women’s Law Center. In particular, Latham attorneys volunteered for programs such as the Center’s California Habeas Project for Battered Women, through which 11 women incarcerated for killing their abusers were provided legal assistance in the submission of petitions for habeas corpus based on previously unheard evidence of Battered Woman Syndrome. The firm also volunteered time to research the Center’s “Murder at Home” project that will result in a report due to be issued in 2005 that investigates and highlights the problems plaguing the criminal justice system’s treatment of intimate-partner murder cases. Los Angeles partner Wayne Flick, a former board member and past president of the Center, accepted the award on behalf of the firm. Los Angeles partner Martha Jordan is also a member of the Center’s board. Latham Honored by California Women’s
Law Center for Pro Bono Work 9 Ofer Lion , along with of counsel Andrew Longmate and partner Stephen Brown , have provided legal advice to this charity
regarding various corporate
governance, tax, employment
and real estate matters. Supporting the Rape and
Sexual Abuse Support Centre Associate Christopher Hitchins and partner Stephen Brown assisted the Rape and Sexual
Abuse Support Centre by revising
the Centre’s staff handbook and
advising on other employment
law matters. Paving the Way for St. Joseph
Center’s New Facilities St. Joseph Center is a nonprofit
organization that has served
low-income families, the homeless
and seniors for more than 28 years
in the Venice community and
surrounding areas. Los Angeles
attorneys were able to secure the
entitlements necessary to replace
an obsolete and substandard
building with a new facility,
designed specifically to
accommodate St. Joseph Center’s
community-serving programs. Over
a two-year span, and in the face of
well-organized project opponents, the Latham team of partners George Mihlsten and Rick Zbur , of counsel Kathleen Truman and associate Brady McShane , with the assistance of land use project
manager Michael Nytzen , were able to secure approvals from
multiple city and state agencies,
including the cities of Los Angeles
and Santa Monica and the
California Coastal Commission.
The services provided by St.
Joseph Center to working poor
families and the homeless include
case management, advocacy, job
training, permanent housing
assistance, parenting instruction,
tutoring and child care – the tools
necessary to become productive,
stable and self-supporting members
of the community. Equal Protection Challenge
Seeking Fair Trial The US Court of Appeals for the
Ninth Circuit appointed Latham &
Watkins as counsel in connection
with a habeas petition challenging
the state court conviction of a
young Latino on equal protection
grounds. At trial, the prosecutor exercised a disproportionate
number of peremptory strikes
against prospective jurors of color,
excluding four of seven Latinos
and the only two African-American
members in the venire. Latham was
successful in obtaining a new trial.
In a published opinion, the Ninth
Circuit ruled that the defense
established a prima facie case of
discrimination in the state’s
exercise of peremptory challenges
in violation of the Fourteenth
Amendment’s Equal Protection
Clause, and remanded the case
to the district court to conduct an
evidentiary hearing on whether the
state’s exercise of peremptory
challenges was, in fact,
race-neutral or whether it was
unconstitutionally discriminatory. After an evidentiary hearing, the
district court issued an order
granting the habeas petition and
ordering the state to either retry or
release our client from custody. The
state has sought an appeal of the
district court’s order. Because no
stay of the order was granted,
however, our client is in the ” “ Pro bono has allowed me to grapple with complex legal and ethical issues, have significant client contact as well as complete ownership of cases. Manu Gayatrinath, associate in the Washington, D.C. office As a young lawyer, my participation in pro bono projects has helped me hone my legal skills in a short period of time. Los Angeles 2004 was another banner year for pro bono in the Los Angeles office. Los Angeles attorneys averaged approximately 97.7 hours of pro bono per attorney, with 80% of attorneys in the office participating in the program. The office also received prestigious awards including the 2004 Pursuit of Justice Award from the California Women’s Law Center and the Law Firm of the Year Award from the Western Law Center for Disability Rights. The following matters are illustrative of the more than 25,000 hours of pro bono service provided by Latham attorneys in Los Angeles during 2004. 10 Latham Attorney Honored by Sanctuary for Families New York associate Alicia Clifford was recognized by Sanctuary for Families with a 2004 Pro Bono Advocacy Award for her outstanding leadership and enthusiasm in organizing and administering the New York office’s program to assist immigrant battered women in obtaining the resources and protection of the Violence Against Women Act (VAWA). Alicia also actively supervised the preparation of multiple VAWA self-petitions. The award was presented at a ceremony and wine tasting held at the Phyllis Kind Gallery in Soho. Latham attorneys Erica Steinberger, Jim Kearney, Alicia
Clifford and Sharon Bowen at the Sanctuary for Families
Awards Ceremony. process of receiving his
constitutional right to a new
and fair trial. The representation
was led by associate Kathryn Davis , with assistance from partner Susan Azad and associate Rachel Hankey . Assisting with Nonprofit
Compliance and Expansion The Geffen Playhouse is a
nonprofit theater in Westwood,
California, dedicated to involving
the greater Los Angeles community
in theater experiences that
challenge, inform and enrich their
lives, such as through community
outreach and education programs.
Los Angeles partner Jeff Haber and associate David Goldberg , with assistance from executive
counsel Barry Sanders and associate Jenny Kleinberg , have assisted the Geffen Playhouse on a
number of matters, including
negotiating and drafting
construction contracts for the
renovation and expansion of the
Geffen Playhouse, advice regarding
bridge financing for the expansion
project, assistance with settlement
of a contractor dispute and
nonprofit corporation advice related
to compliance with California’s new
Nonprofit Corporate Integrity Act. Assisting with Adoptions of
Children in Foster Care Since 1999, Latham has
participated in “Adoption Saturday”
in partnership with the Alliance for
Children’s Rights, a nonprofit
organization formed to provide
legal assistance to children and
families in the foster-care system in
Los Angeles County, particularly in
the arena of adoptions and
guardianships. To address the
severe backlog of foster-care
adoptions, the family court holds a
special Saturday session for
adoption hearings. Over the past
several years, Latham has
completed more than 450
adoptions as part of the program.
These adoptions often involve
children who have lingered in the
foster-care system for several
years waiting to have their
adoptions finalized. In 2004,
Latham participated in two Adoption
Saturdays. In August, more than 20
attorneys with the assistance of
summer associates finalized 39
adoptions; in November, 17 Latham
attorneys finalized an additional 25
adoptions. Attorneys who
participate in the adoption project
have found a huge reward in the
smiles and tears of joy of the
families upon completion of the
adoption process. Representing the Foundation
for the Junior Blind The Foundation for the Junior
Blind's Camp Bloomfield is the
largest and most comprehensive
camp in the US for children and
teens who are blind or visually
impaired and their families.
Located in the mountains of Malibu,
the camp provides programs and
services to develop critical life
skills, self-esteem and
independence through
education, recreation, training
and rehabilitation. Led by partners George Mihlsten and Francis Park , Latham has been working with the Foundation to obtain
necessary permits and approvals to
update the camp. In addition, Camp
Bloomfield is landlocked and relies
on a road that runs through a
neighboring property for access.
The Los Angeles County Fire
Department is requiring
improvements to the access road to
meet fire and safety standards, but
due to a lack of cooperation from
the neighboring property owner, the
Foundation has been unable to
make the required improvements.
Led by partners Jim Arnone and Steve Atlee and associates Scott Pearson , Jenny Kleinberg and Andrew Kirsh , Latham represents the Foundation in litigation seeking (continued on page 14) 11 The fact that the four boys were underdeveloped
and malnourished should have been discovered by
New Jersey’s Division of Youth and Family
Services (DYFS) long before the early-morning call
to the police in late 2003. Danger signals were
missed by authorities entrusted to care for the
children. DYFS’ own regulations and procedures
should have required at least annual proof that the
boys were receiving regular medical examinations
and care. Moreover, there were early reports of
malnourishment, but there was no follow-up to
those reports, and other procedures related to
household visits similarly failed to protect the boys.
In short, the New Jersey child welfare system failed
these four boys every step of the way through
systemic failures, missing numerous signs that
these children were in trouble. Further, the
significant gaps between DYFS’ policy and practice
called into question DYFS’ ability to ensure that its
self-imposed regulatory requirements are properly
interpreted and applied by the workers and
supervisors responsible for enforcement. The story
of these four boys has implications that reach far
beyond their tragic individual histories. Latham attorneys, acting as special pro bono
counsel to the OCA, assisted the inquiry to identify
systemic problems exemplified by the situation of the four boys and any “lessons learned” that might
help to avoid a recurrence of these terrible
circumstances. The investigation, which involved
more than a dozen interviews and depositions of,
among others, high-ranking government officials,
review of more than 20,000 pages of documents
and the issuance of numerous subpoenas, was led
by partners Alan Kraus and Scott Weber and
associate John Ducoff. The team also consisted
of associates Kara Zahler, James Hunt, Stacey
Bernstein, Brent Johnson, Jason Rockwell,
Steve Savage, Nicole Avallone, Adam Burk,
Jessica Mathewson and Scott Sullivan,
paralegals Suzanne Christel and Lindsey
Wunderle, and TIP support specialist Allie Banks.
In connection with the investigation, Latham and
the OCA issued a detailed report in 2004 entitled,
“An Examination of the Failure of New Jersey’s
Child Protection System and Recommendations
for Reform.” Latham continues to work closely with the OCA
in monitoring DYFS’ compliance with the report’s
recommendations. Associate John Ducoff, who
worked extensively on the investigation and
report, recently joined the OCA as its Director
of Litigation. In late 2003, the New Jersey Office of the Child Advocate (OCA) was created to investigate and monitor responses by state agencies to allegations of child abuse or neglect and to review and make recommendations concerning procedures for state agencies providing services to at-risk children. Shortly after the launch of the OCA, police in Collingswood, New Jersey, responded to a 911 call at 3:00 a.m. concerning “a little kid . . . eating out of the trash can.” It was later confirmed that the child, who stood just four feet tall and weighed 45 pounds, was actually 19 years old. That child, as well as three other boys, ages 9-13, had been adopted by a local Collingswood couple. All four boys were grossly malnourished and dramatically underweight, and were immediately removed from the house and transported to a local hospital. The story received national press, including on the television news program 60 Minutes II. New Jersey Office of the Child Advocate An Examination of the Failure of New Jersey’s Child
Protection System and Recommendations for Reform 12 ” “ In return for our license to practice law, we should give back to the community in the form of pro bono services. Our work with the Office of the Child Advocate was an example of just such an opportunity: the Child Advocate needed the resources of a large law firm to investigate potentially systemic failures at New Jersey’s Division of Youth and Family Services. We put together a team of Latham lawyers to work with the OCA to conduct that investigation and draft a comprehensive report. I am immensely proud of the work our team did on this and other pro bono projects. Alan Kraus, partner in the New Jersey office What it Took Latham acted as special pro bono counsel to the New Jersey
Office of the Child Advocate to help identify systemic problems
with the child protection system. Hours 2,500 (including staff and paralegal time) Lawyers 25 (including summer associates) Documents Reviewed More than 20,000 pages The investigation involved more than a dozen interviews and
depositions and the issuance of numerous subpoenas, and
concluded with the publication of a detailed report. 13 to secure the right to make the
necessary fire and safety
improvements to the access road. Fire Disaster Recovery Efforts In the wake of the October 2003
wildfire disaster in Southern
California, partner Ursula Hyman led a team of Los Angeles
attorneys to help in the recovery
and rebuilding effort. The goal of
the Latham fire recovery project
was to provide assistance to the
affected areas by bringing them
both legal and organizational
models for long-term recovery.
Latham attorneys participated in
workshops and helped groups
organize on every level, including
addressing issues related to land
use, redevelopment and insurance.
The Latham effort also included
publishing resource materials and
helping pass legislation related to
disaster recovery. Assisting Ursula
with this extensive effort were
partners William Delvac , Francis Park and Nadia Shabaik Sager , and associates Victor De la Cruz, Andrea Kim , Jason Olson , Anna Rienhardt and Christopher Yang . Assisting the Sisters of Social
Service with FEMA Regulations The Sisters of Social Service is a
nonprofit religious order committed
to fulfilling the needs and
challenges of women, children
and families in California and
throughout the world, regardless
of religion, ethnic background or
nationality. Its efforts include
establishing centers for homeless
teens and marginalized women,
providing parenting education for
inner-city mothers, developing
quality affordable housing,
providing foster care for infants
in crisis, providing meals and
companionship for the elderly, and
hosting neighborhood centers for
low-income families. In 1994, the
Northridge earthquake severely
damaged the order’s facilities,
which are central to its mission
and services. Los Angeles partner Ursula Hyman and associate Jason Kim , with assistance from associate Cris Torres , assisted the organization with an appeal to the
Federal Emergency Management
Agency (FEMA) related to a
good-faith misunderstanding of
the complex regulations governing
grant monies for repair of the
facilities. The successful appeal
avoided the potentially crippling
impact of the earthquake and the
FEMA dispute on the Sisters’
charitable operations in the
Los Angeles area. Monitoring the
Conditions of Detention
for Immigrant Children In partnership with the Center for
Human Rights & Constitutional Law
(CHRCL) and the Youth Law
Center, Latham serves as
co-counsel in a class-action lawsuit
which addresses the conditions of
detention for immigrant children in
the custody of the Department of
Homeland Security and the Office
of Refugee Resettlement. Litigation
concerning improving the
conditions of detention of
unaccompanied immigrant children has been a multi-year effort led
by CHRCL, which resulted in a
comprehensive settlement
agreement detailing minimum
requirements, including rules
related to release of children to
adult family members, foster care
alternatives to detention centers
and minimum requirements for
education at the facilities. In 2004, led by Pro Bono Counsel Amos Hartston , Latham continued to work with CHRCL to monitor
compliance with the settlement
agreement, obtain discovery
regarding the current conditions
at various facilities around the
country and enforce the agreement.
Local advocates and interviews
with detainees confirm that these
efforts have resulted in dramatic
improvements to how immigrant
children are treated. Defending AIDS
Project Los Angeles AIDS Project Los Angeles (APLA),
one of the nation’s largest AIDS
service organizations, provides ” “ It not only allows you to grow as an attorney, but provides a meaningful way to help those without access to legal services. It is one part of what makes working at the firm so special. Robert Lu, associate in the Los Angeles office Working on pro bono matters has been truly rewarding, both professionally and personally. 14 (continued from page 11) direct services to more
than 10,000 men,
women and children
living with HIV and
AIDS in Los Angeles
County. Los Angeles
partner Jeff Haber and associate Carol Chen , with assistance from
associates Jennifer Blair and Victor De la Cruz , represent APLA in connection with disputes arising
out of the California AIDS Ride,
including defending against
litigation brought in San Francisco
Superior Court. In one action,
Latham won dismissal of the
litigation with prejudice and was
awarded costs against the plaintiff. Obtaining Asylum for Refugees For several years, associate Alex Roje , supervised by partner Susan Azad , has represented an Angolan refugee in his asylum case. Our
client, who had worked to bring
democracy to his country, survived
several assassination attempts and
ultimately fled Angola for the US.
After a lengthy administrative
hearing, he was denied asylum.
Latham appealed the case to the
Board of Immigration Appeals
(BIA), and, in an unusual ruling,
the BIA reversed the decision of
the immigration judge and granted
our client asylum based upon the
convincing record developed at
the underlying hearing. In another asylum matter,
associates Jason Kim and Robert Lu , with assistance from paralegals Ruben Montoya and Evie Gallardo , represented a 15-year- old Honduran girl who came to the
US to live with her mother and
brothers after fleeing an abusive
home in Honduras. Latham
convincingly argued that if our
client were required to return to
Honduras, she would be forced to
live on the streets and would face
persecution based upon her status
as a street child. The immigration
judge agreed, and granted our
client asylum so that she could
reunite with her family in the US. Assisting AIDS
Foundation East-West AIDS Foundation East-West
(AFEW) is an international and
nongovernmental public health
organization whose mission is to
make a major contribution toward
reducing the impact of HIV/AIDS
in the independent states of the
former Soviet Union. AFEW takes
innovative and proactive steps in
developing, implementing and
promoting tools for effective
HIV/AIDS prevention, treatment,
care and support designed for
and appropriate to the specific
conditions in its target countries.
Latham’s Moscow office has been
working with AFEW for the last
few years, providing assistance
to this humanitarian organization
on various matters including
employment law, charitable
contribution law, public health law,
Web site content and various other
matters. Of counsel Lev Simkin and associate Wendy Atrokhov assisted with these matters in 2004. Reaching Out to
Homeless Youth One of the most vulnerable groups
in society is children facing poverty,
neglect, exploitation or abuse with
limited access to health care,
education and other social
services. Many of these risk factors
severely impact homeless children.
In an effort to help address the
needs of this vulnerable group,
of counsel Lev Simkin contributes a column to Bezprizornik, a
newsletter for homeless minors and
their advocates that advises on the
legal rights of homeless youth. Helping the
Children of Russia Friends of Russian Orphans
(FORO) is a new pro bono client
of the firm working to improve the
lives of disadvantaged children in
11 different orphanages in Russia,
helping them to become healthy
and productive citizens. FORO is a
nonprofit organization made up of
concerned people in the United
States and the Russian Federation
who have been touched in some
way by the plight of children in the
Arkhangelsk and Tula regions.
Most of the orphans suffer from
multiple problems including delayed
physical and psychological
development, chronic illnesses and
an elevated propensity for conflict.
Compounding the problem, a large
segment of this orphan population Latham received the Law Firm of the Year Award from the Western Law Center for Disability Rights, presented at its gala event on November 9, 2004. The award, in large part, was a product of the work of Los Angeles partner Maria Hoye and associates Robert Lu and Jennifer Ing in connection with a class action lawsuit against the San Bernardino County Juvenile System. The parties are close to finalizing a settlement that will include a consent decree requiring structural and systemic changes to the juvenile justice system in San Bernardino County. An article was published in the October edition of Ability Magazine highlighting Latham’s work. Latham Honored by Western Law
Center for Disability Rights Moscow In 2004, the Moscow office provided more than 130 hours of free legal services, averaging about 17 hours per lawyer. Moscow attorneys worked on projects ranging from providing assistance to an international public health organization to helping Russian orphans and local homeless youth. 15 also has some sort of drug
dependency. FORO has been able
to raise approximately $100,000 to
provide facilities and educational
programs for these Russian
children. Latham is assisting
FORO in working through issues
with banking regulations and
laws relating to receipt of foreign
currency for charitable purposes. Acting as Special
Counsel to the Office
of the Child Advocate Latham attorneys acted as
special pro bono counsel to the
New Jersey Office of the Child
Advocate and issued a detailed
report entitled “An Examination of
the Failure of New Jersey’s Child
Protection System and
Recommendations for Reform.”
The report was the culmination
of months of investigation about
a much-publicized instance of
severe neglect and malnourishment
of four boys in Collingswood,
New Jersey. Latham continues
to monitor compliance with the
recommendations in the report.
Further information about this
case is included on pages 12-13. Detained While in Transit
Through Newark Our New Jersey office is
representing a minor from the
Democratic Republic of Congo
in her Third Circuit appeal of the
denial of her claim for asylum,
as well as in her application for
permanent residence in Canada.
Our client was detained at Newark
International Airport en route to
Canada to join her brothers and
sisters. Using an age determination technique disavowed by the
majority of the medical community,
a dentist at the airport examined
our 16-year-old client’s wrists and
teeth and determined her to be
over 18 years of age. Based upon
this incorrect age determination,
our client has been held in an
adult detention center in New
Jersey for one and a half years,
without access to education,
proper nutrition or the outdoors.
Working with the United Nations
High Commission for Refugees,
a Canadian immigration attorney,
Human Rights First, our client’s
family in Canada and the Canadian
Consulate, Latham attorneys
were able to expedite our client’s
application for permanent residence
in Canada while her Third Circuit
appeal was pending. Canada has
now granted a permanent
residence visa while our client
waits for the Third Circuit to lift a
Stay of Removal so that she can
join her family in Canada. This
representation was led by
associate Kellie Ortega and New York associate Oded Mizrahi , with supervision from associate Michael Macmanus and partner Alan Kraus . Assisting with a Parole
Revocation Hearing Latham assisted a New Jersey
inmate in connection with his parole
revocation hearing after he struck a
resident in the halfway house in which he was residing. The
client suffers from depressive and
psychotic disorders, which can
be controlled with medication.
Associate David Becker successfully argued that our client
should be continued on parole and
transferred to a six-month program
where he will receive counseling
and treatment for his disorders. Working with Day Laborers New Jersey attorneys assisted the
Puerto Rican Legal Defense &
Education Fund (PRLDEF) and
Appleseed in a mediation between
Hispanic day laborers and the
borough of Freehold. Day laborers
in Freehold sought to have the
Muster Zone (an area set aside
for day laborers to solicit work)
reopened and to require certain
limitations on the police and the
borough’s code enforcement
officials in connection with
inspections, the issuing of
summonses and the use of
surveillance equipment in the
Muster Zone. Latham conducted
a survey of code enforcement
officials in towns throughout the
state, researched several
constitutional issues and drafted
a mediation brief. Latham also
represented a day laborer charged
with trespassing. Associates Julio Gomez , Eric Westenberger , Justin Strochlic and John Falzone worked on the matter. Associate Thomas Hur received a 2004 Pro Bono Publico Award from the Legal Aid Society of New York in recognition of his work defending children’s rights. Thomas represented six abandoned or permanently neglected minors in appeals related to their guardianship and custody, securing appropriate placement in loving and caring homes. As a children’s rights advocate for five years, this is Thomas’ second award from Legal Aid. New Jersey In 2004, the New Jersey office provided almost 4,000 hours of free legal services, averaging 135 hours of pro bono per attorney. These amazing statistics tell only part of the story. Through its substantial efforts, the office is making a real difference in the lives of its pro bono clients and in the community. Latham Attorney Honored by
Legal Aid Society of New York 16 Helping Families Adopt
Foster Children In May 2003, New York State
Chief Judge Judith Kaye
spearheaded a historic partnership
called “Adoption Now,” a joint
initiative between the courts,
various government agencies
and local social services districts
statewide to find permanent and
nurturing adoptive homes for foster
children unable to return to their
birth parents. In January 2004,
under the coordination of partner Michele Penzer and associates Rob Lia and Nicole Avallone , Latham joined the efforts of
“Adoption Now” in partnership
with Pfizer, Inc. and MFY Legal
Services. Together the team
worked within the family court
system throughout 2004 to
provide legal representation for
prospective parents seeking to
adopt foster-care children. Our team successfully managed
the overall adoption process for
numerous individual children and
siblings. In addition to Michele,
Rob and Nicole, our adoption team
included partners Jed Brickner , Mark Broude , Blair Connelly , Chris Harris , Peter Labonski , Warren Lilien and Bradd Williamson , associates Michael Altschuler , Andres Alvarez , David Baronoff , Sara Bucholtz , Adam Burk , Meaghan Chmura , Alicia Clifford , Avi Goldenberg , Jennifer Heil , Althea Hennedige , Thomas Hoffman , Kenton James , Matt Manewal , Katharine Marshall , Jennifer Meyer , Josh Povill , Leila Sayegh , Bonnie Schreiber , Allison Sgroi , Casey Smith , Graeme Smyth , Doug Tansey and Jessica Woodhouse , and paralegal Ivanna Ursino . Latham has been singled out and
commended by the New York Law
Journal for the large number of
adoptions it has handled as part
of the “Adoption Now” initiative,
and this successful program
continues in 2005. Assisting Immigrant
Battered Women Latham partnered with Sanctuary
for Families to assist immigrant
battered women in utilizing the
resources and protections of the
Violence Against Women Act
(VAWA). Through a program
created and managed by
associate Alicia Clifford , several teams of attorneys helped to
prepare VAWA self-petitions, an
immigration remedy designed to
help battered women permanently
leave their abusive spouses by
providing for legal resident status
and entitlement to certain public
benefits. Partner Kirk Davenport , associates Nicole Avallone , Leah Berenholz , Jennifer Buczek , Donna Goggin , Rajani Gupta , Janet Lee , Jessica Mathewson , Casey Smith and Lindsay Weiss , and summer associates Theresa Barbadoro , Nathanael Yale , Melissa Chan , Jonathan Delshad , Amy Donovan , Casey Hinkle , Jenny Ho , Jennifer Korte , Peter Nachimow and Marc Suskin were key participants in the program. Texas Client Released
from Death Row After more than a decade of
litigation, New York partners Jim Blank and Pat Loughlin and associate Noreen Kelly-Najah secured the release of client
Ernest Willis, who had been on
death row in Texas since 1987.
As the result of years of
investigation and hard-fought
litigation, the team persuaded the
US District Court in San Antonio
to grant habeas relief to Mr. Willis,
who had been convicted of the
arson-murder of two women in a
1986 fire in a small West Texas
town. In late 2004, the District
Attorney moved to dismiss the
original indictment, acknowledging
that “it is probable Willis did not
commit capital murder.” Further
information about this case is
included on pages 18-19. New York Our New York attorneys averaged approximately 84 hours of pro bono per lawyer, with 80% of attorneys in the office participating in the program. The stories below illustrate some of the work done over the course of more than 21,000 hours of pro bono and provided through a variety of projects which reflect the diverse culture of New York City and the office’s commercial practice groups. ” “ Helping those who lack the means to navigate their way through the legal system is among the most fulfilling legal work there is. Wendy Atrokhov, associate in the Moscow office 17 (continued on page 20) Mr. Willis’ release was the culmination of over
12 years of litigation led by New York partner Jim
Blank, who began representing Mr. Willis when he
was a first year associate, as well as partner Pat
Loughlin and associate Noreen Kelly-Najah, who
have been key members of the team for years. After years of thorough investigation, working with
several experts and conducting evidentiary hearings
before the original state court trial judge, the team
secured Mr. Willis’ freedom from death row following
a federal court decision that Willis, 59, had been
wrongfully convicted of arson-murder and wrongfully
sentenced to death. Latham attorneys and their
co-counsel persuaded Judge Royal Furgeson of
the federal court in San Antonio that: • Willis had been denied the effective assistance of counsel at the trial and sentencing phases of
the case; • The trial had been riddled with other constitutional defects, including the involuntary administration
of large doses of anti-psychotic medication to
Willis throughout the trial; and • Texas authorities had suppressed a psychiatric report, procured by prosecutors, that was
favorable and material to the death
sentence finding. Judge Brock Jones of the District Court, Pecos
County, Willis’ original state court trial judge who
had imposed the death sentence in 1987, had
become persuaded of the constitutional defects and recommended to the Texas Court of Criminal
Appeals in June 2000 that it vacate the conviction
and sentence. The Texas court, however, refused
to do so. As a result, Latham took the case to the
Texas federal courts, and on August 4, 2004, Judge
Furgeson granted Willis’ petition for a writ of habeas
corpus, finding that the trial and sentencing were
unconstitutional. Judge Furgeson ordered that the
“State SHALL GRANT Willis a new trial in the 112th
Judicial District Court of Pecos County on or before
November 18, 2004 or the State SHALL RELEASE
Mr. Willis from custody.” The Texas State Attorney General’s Office
declined to appeal Judge Furgeson’s order. Then,
on October 4, 2004, the District Attorney for the
112th District, Pecos County, filed a motion to
dismiss the 17-year-old indictment against Mr. Willis
“with prejudice due to insufficient evidence,” and for
“Ernest Willis [to] be released without delay.” The
state’s motion was based on its own independent
investigation of the circumstances of the 1986 fire
in a house in Iraan, Texas, in which two women
perished, that gave rise to Willis’ murder conviction.
According to the state’s motion, the available
evidence (including a newly-commissioned expert’s
report) indicated that “it is probable Willis did not
commit capital murder.” The team received invaluable assistance over
the years from associate Jennifer Giordano
and paralegal Larry Henderson, as well as
Darcelle Fields and Mindy Meyers and former
colleagues Elena Norman, John Brennan and
Ben Rogoff Gideon. Our pro bono client, Ernest Willis, who had been on death row in Texas since 1987, was released in October 2004 by prison authorities in Huntsville, Texas. Mr. Willis is the first person to be released from death row in Texas since 1997 and only the eighth person to be released since the state re-instituted the death penalty in 1976. Texas Prisoner Released After
17 Years on Death Row Conviction of Ernest Willis Overturned 18 Having spent 12 years working on this death penalty case, I grew up as a lawyer and as a person with Ernest. What it Took The scope of Latham & Watkins’ investment in the Willis case. Hours 8,431 (including staff and paralegal time) Lawyers 32 (including summer associates) Expenses About $3 million Trips to Texas 14 Outside Experts 6 Visits to Death Row 4 ” “ The case provided me with valuable courtroom experiences throughout my years as an associate and the opportunity to learn how to build a complex case from the ground up, and that was important to my development as a litigator and making partner in a firm like Latham. Jim Blank, partner in the New York office Pat Loughlin and Noreen Kelly-Najah (top)
and Jim Blank (above) championed the rights
of wrongly-convicted death row inmate
Ernest Willis (below). 19 Reporting on Legislation
and Social Programs
for Immigrants:
The Appleseed Project The Appleseed Foundation is an
organization dedicated to building
a just society through legal
advocacy, community activism
and policy expertise. Working
locally with leading law firms,
other professionals and academic
experts across the US, Appleseed
tackles a wide range of social
justice issues to address root
causes and produce practical,
systemic solutions. In collaboration
with Appleseed and attorneys from
Cleary Gottlieb Steen & Hamilton
LLP, Latham assembled a
multi-office team to examine
state and local legislation and
social programs that heavily
impact the ability of immigrant
groups to integrate into their
new communities. As part of
this ongoing project, the team
will prepare a report identifying
a best-practice benchmark for
local legislation and programs
to aid communities in
successfully integrating
their immigrant members. Leading the team were associates Jeanye Kwack , JulieAnn Cilia and Jill Lavacchia , with guidance and assistance from partner Marc Hanrahan . Other New York team members included associates Ian Fitzgerald , Jessica Mathewson and Tim Pitrelli , and summer associates Amy Donovan , Alexander Fong , Jason Kolbe and Hao Yu . In addition, the team included New Jersey associate Justin Strochlic , Washington, D.C. associates Rebecca Brandt and Natasha Gianvecchio , and San Francisco partner Jim Lynch , associates Mitzi Chang , Brett Collins , Erica Galos , Elissa Germaine , Elizabeth Lamzaki and Debra Volland , and summer associate Pearlynn Gilleece . Judicial Discretion in
Federal Sentencing Latham played an important role
in United States v. Booker, a landmark Supreme Court case
involving the US Sentencing
Guidelines. The ruling creates a
major change in the way criminal
defendants are sentenced in the
federal justice system. The decision
was a major victory for the defense
bar and undoubtedly will be well
received by federal district judges,
most of whom were unhappy
with the prior sentencing
guidelines regime. A team of appellate lawyers in New
York, led by partner Alexandra Shapiro and including associates Noreen Kelly-Najah and Jennifer Giordano , filed an amicus brief on behalf of the New York Council of
Defense Lawyers, a prestigious
group of New York white-collar
defense attorneys, in support of
the defendants in the case.
Our position was adopted by
the Supreme Court majority,
and our brief was cited in one
of the majority opinions. Defending the First
Amendment in Cyberspace Working with the American Civil
Liberties Union (ACLU), our
New York attorneys achieved
two important First Amendment
victories in 2004 relating to free
speech on the Internet. First, our
attorneys convinced a federal
district court in Arizona to grant
a permanent injunction against a
state statute that made it a felony
to send "harmful" materials to
minors in Arizona through e-mail,
personal messaging or any other
direct Internet communication –
potentially including materials
related to art, literature and sexual
health. Latham had previously
secured an injunction against a
prior version of the statute, a
decision that reached novel
Commerce Clause grounds that
will make it more difficult for other
states to implement similarly
overbroad statutes. ” “ In the long run, I am sure I receive a lot more than I give. Ursula Hyman, partner in the Los Angeles office Pro bono work lets me share challenges and opportunities with people I would never otherwise have the privilege of meeting, and learn new skills at every turn. 20 (continued from page 17) Latham also worked with the
ACLU to strike down the Child
Online Protection Act (COPA),
a federal law that similarly
criminalizes the sending to
minors, via the Web, materials
that may be deemed "harmful"
according to "contemporary
community standards." In a 5-4
decision, the Supreme Court
upheld the preliminary injunction
of COPA, which had first been
enjoined by a federal district court
in 1999. Justice Kennedy noted in
his opinion that "[c]ontent-based
prohibitions, enforced by severe
criminal penalties, have the
constant potential to be a
repressive force in the lives and
thoughts of a free people." Latham
and the ACLU are now seeking a
permanent injunction of COPA.
Partner Chris Harris led the First Amendment team, along with
associates Michele Pyle , Mark Goldberg , Nia Cross and Jeroen van Kwawegen . Criminal Justice Act
Appointments Since January 2001, the New York
office has represented several
indigent criminal defendants on a
pro bono basis through partner Alexandra Shapiro ’s service on the Criminal Justice Act (CJA)
panel of attorneys in the US
District Court for the Southern
District of New York. Our New
York attorneys continued their
tradition of CJA representations
throughout 2004, adding to a line
of cases in which the firm has had
great success, including outright
dismissals, favorable plea
agreements and downward
departures at sentencing. Bid for the 2012 Olympics Our New York attorneys assisted
NYC2012, New York City’s bid for
the 2012 Summer Olympics, with
partner Kirk Davenport and associate Michael Kuh leading our extensive involvement. Michael
spent approximately three months
on secondment to NYC2012,
serving as its sole in-house
attorney and dealing with a variety of legal issues
associated with writing
the Olympic bid. Michael
routinely advised the
Executive Director of
NYC2012 and worked
with representatives from
the offices of Mayor
Michael Bloomberg and
Governor George Pataki,
as well as numerous city,
state and federal agencies
and the White House. Many other attorneys provided
guidance to Michael and the
NYC2012 team. Of counsel Jeff Tochner and associate Stephen Amdur advised on intellectual property issues related to potential
marketing agreements with the
US Olympic Committee and the
International Olympic Committee.
Foreign intern Harmen Holtrop and associates Oliver Bennett , George du Pont and Graeme Smyth provided analyses of competing bids, while associates Jonathan Baumstark , Oded Mizrahi and Andrew Purdy worked on a variety of other
issues ranging from tax and tariff
law to electronic signatures and
importation of competition-related
animals and firearms. Assistance
with government relations issues
and environmental treaties, as well
as general advice and support, was
provided by partners Nick Allard , Bob Sussman and Harrison Wellford , of counsel Edward Correia , and legislative specialist Rick Ramponi in Washington, D.C., executive counsel Barry Sanders in Los Angeles, and associate Tim Hia in Singapore. Representing a Student Radio
Board before the FCC Northern Virginia attorneys
represented Northern Michigan
University and its Student Radio
Board before the Federal
Communications Commission
(FCC) and on various rights
licensing issues in connection
with the operation of WUPX-FM,
the university's student-run radio
station. Among other things,
Latham assisted the station in
connection with its FCC license
renewal proceedings. Partner Kevin Boyle led the representation with assistance from associate Eric Andrews and Washington, D.C. communications regulatory
analyst Lorraine Self . Advising the Nature
Conservancy on Privacy Issues Northern Virginia associate Eric Andrews and Chicago partner Marcelo Halpern worked with Virginia-based client the Nature
Conservancy on a variety of privacy
and security issues, including
organizing and leading an all-day
privacy policy workshop. In
addition, Eric and partner Kevin Boyle advised our client on various technology acquisition matters. Latham & Watkins’ pro bono program ranked in the top 10 of The Vault Guide‘s 2004 rankings of the top 100 law firm pro bono programs. The Vault Guide Northern Virginia The Northern Virginia office averaged more than 80 pro bono hours per attorney in 2004, working on matters in the local community as well as on pro bono matters out of Washington, D.C. In 2004, the Northern Virginia office increased its pro bono hours by more than 20% over 2003. 21 Defending the Orange County
Halfway House Associates Michele Johnson , Ryan Vogt-Lowell and Christopher Campbell , assisted by partner Jon Anderson , associates Rizvan Khawar and Eli Ticatch and paralegal Cindy Smith , represented the Orange County Halfway House (OCHH),
a nonprofit organization which
for more than 30 years has been
dedicated to diverting youth from
the negative consequences of
substance abuse, criminal
behavior and institutionalization.
In connection with one of its
several youth programs, OCHH
leased a residence and operated a
juvenile halfway house for several
years before losing its funding and
reaching an agreement with its
landlord to terminate the lease.
The landlord later denied the
agreement and attempted to
enforce an automatic renewal
clause, seeking more than $55,000
in claimed damages and $30,000 in
attorneys’ fees. A judgment of more
than a few thousand dollars would
have forced the organization into
bankruptcy. After a two-day bench
trial, the judge ruled in OCHH’s
favor and awarded approximately
$5,200 to our client plus costs
and attorneys’ fees. Protecting the Due Process
Rights of a Minor Following the denial of an
application for asylum, the Midwest
Immigrant & Human Rights Center
(MIHRC) referred a minor to the
firm. This boy, who had not
understood the prior legal
proceedings and may have
suffered from mental illness,
had requested the assistance
of an attorney at his removal
proceedings, but the immigration
court proceeded with the hearing
and denied his application for
asylum. In a one-sentence order,
the Board of Immigration Appeals
(BIA) affirmed the order. At that
point, MIHRC asked the firm for
assistance. Associate Christopher Campbell , with assistance from associates Lana Morton-Owens and Sondra Hickey , filed a petition for review in the Ninth Circuit and a
motion to stay removal pending the
appeal. In the meantime, MIHRC
arranged for the boy to undergo a
psychological evaluation, which
revealed that he suffers from major
depression and psychosis, lacks
the ability to focus or concentrate
and has severely disturbed thought
processes. With this newly found
evidence, Latham filed a motion to
reopen before the BIA, arguing that
our client was denied due process
because the immigration judge did
not ascertain whether our client
was competent to present his case
(despite her awareness of his age
and indications of his mental
condition) and also
because our client did
not knowingly waive
his right to counsel.
The BIA agreed, and
remanded the case for
a new hearing. Obtaining Asylum for a
Colombian Customs Officer The Orange County office assisted
with the asylum application of an
employee of the Colombian
customs service who helped the US
Drug Enforcement Agency seize
drug profits and weapons. In
connection with his attempts to
seize contraband, our client was
targeted for assassination by
narcoterrorist guerillas and
ultimately was shot in an ambush
and left for dead. He now suffers
from post-traumatic stress
syndrome. Midway through
associate Christopher Campbell ’s direct examination of our client
during his merits hearing, the
government’s counsel indicated that
he was convinced of our client’s
credibility and recommended that
the application for asylum be
granted. After some additional
probing questions, the judge agreed
and granted the asylum request. Providing Domestic Abuse
Counseling and Representation The Orange County office continues
to counsel deserving clients, often
in desperate circumstances,
through a local shelter for battered
women known as Interval House.
The domestic violence clinic
involves bimonthly visits to the
shelter by attorneys and
paralegals to provide legal advice
and to assist victims of domestic
violence in obtaining temporary
restraining orders. Assisting Low-Income
Criminal Defendants In 2004, associate Bérenger Tourné was elected Secrétaire de la Conférence du Stage of the Paris
Bar Association. The Conférence Orange County The Orange County office continued in 2004 to provide a wide range of pro bono assistance, including more than 4,300 hours of free legal services with more than 75% of attorneys participating in the program. Pro bono projects in the office ranged from immigration matters and representing nonprofit entities to staffing a domestic violence clinic, among many other types of matters. Latham & Watkins was selected as the recipient of an Outstanding Achievement Award by the Washington Lawyers’ Committee for Civil Rights & Urban Affairs for efforts on behalf of the Committee’s Immigrant and Refugee Rights Project. Paris The Paris office continues to expand its pro bono practice. Paris attorneys averaged 26.4 pro bono hours per attorney in 2004, up from an average of 7.9 hours in 2003 and 3.4 hours in 2002. The Paris office logged more than 2,400 hours to pro bono in 2004. Latham Honored by Civil Rights Group 22 du Stage is a fellowship of 12
young attorneys drawn from the
Paris Bar after a three-round
competition. As Secrétaire de la
Conférence, Bérenger attended
weekly full-day sessions at the
Paris courthouse providing legal
assistance to low-income
defendants involved in serious
criminal cases. Bérenger also was
appointed by the Chairman of the
Paris Bar Association to defend
certain offenders involved in
highly sensitive felony cases.
In participating in this program,
Bérenger defended several
individuals during the enquiring
phase of the proceedings as well
as two clients in the trial phase
before the Cour d’Assises, the
highest criminal court in France.
In one of his cases, after a four-day
trial in which the Attorney General
was seeking life imprisonment,
Bérenger obtained a verdict of
“not guilty” for his client. Promoting the
Protection of Civil Rights Droits d’Urgence is a nonprofit
organization that provides free
legal assistance to low-income
persons, primarily in relation to
civil rights protection. Associates Cécile Béraud-Dufour and Carole Degonse work with Droits d’Urgence in connection
with providing legal advice at
monthly clinics organized at
various locations in Paris. Understanding and Preserving
Indigenous Cultures Vth Season is a nonprofit
international association
devoted to the preservation
of indigenous cultures. Through
fieldwork, educational programs
and use of emerging technology,
Vth Season seeks to develop
reciprocal understanding and
communication among diverse
cultures. Associates Antoine Bouvatier and Thomas Perrot have advised Vth Season on legal
issues relating to corporate
structure, tax, creating a related
US nonprofit entity and trademark
advice and assistance. The Paris
office has worked closely with Latham attorneys in New
York and London on this
international project,
including George du Pont , Jack Yeh and David Menchel in New York and David Mascari in London. Ashoka: Social
Entrepreneurs Associates Erwan de Kergariou , Stéphane Michel and Thomas Perrot have continued the firm’s
representation of Ashoka, a
long-standing pro bono client of
Latham & Watkins, in connection
with its launch in France. Ashoka is
a global nonprofit organization that
supports social entrepreneurship –
men and women with pattern-
changing ideas in education, health
care, microenterprise and other
fields, and the entrepreneurial skills
to make them a reality. In Paris, the
firm has assisted Ashoka with the
creation of a French nonprofit
organization. Our Paris attorneys
also have assisted Ashoka France
in connection with tax advice and a
cooperation agreement with WWF
France and continues to work with
Ashoka on various other matters. Obtaining Asylum
for Twin Brothers The San Diego office was
successful in obtaining asylum
for 18-year-old twin brothers from
Tanzania. Associates Jeff Bellin and Fred Melendres , with supervision by partner Kenneth Fitzgerald , were able to defeat all of the government’s arguments
in the case regarding alleged
changed conditions in Tanzania,
resettlement and various other
issues. Because of a strongly
worded holding by the court, the
government agreed to waive its
right to appeal the asylum decision. (continued on page 26) ” “ By doing pro bono work, you can combine interesting legal issues with the opportunity to do something positive for your community. Björn Dissars, partner in the Hamburg office San Diego The San Diego office continues to expand its relationships with local community organizations, identifying and responding to community needs, as well as participating in projects important to the state, the country and the international community. San Diego attorneys logged more than 4,650 hours to pro bono matters in 2004, with more than 60 attorneys participating in the program. 23 In January 2002, Latham and its co-counsel brought a class action lawsuit in federal court on behalf of all
CYA wards. After the district court refused to certify the class and granted much of the CYA’s motion to
dismiss, largely on “standing” grounds, Latham and its co-counsel dismissed the federal action and sought
redress in California state court under California Code of Civil Procedure § 526a, a little-known statute that
permits any taxpayer to sue to enjoin illegal activity by a state agency. Latham attorneys and summer associates worked several hundred hours reviewing documents, statutes
and regulations to prepare the state court complaint. Latham survived the state’s motion to dismiss and
continued to press the claims. Meanwhile, the California Legislature agreed to fund a panel of outside
experts to investigate the claims raised by the lawsuit. Publicly released, the reports from the panel of outside experts confirmed essentially everything that
Latham and its co-counsel had argued. The newly-elected administration of Governor Arnold
Schwarzenegger then conceded that the CYA badly needed reform. The new administration immediately
banned use of the kennel-type cages and entered settlement negotiations in early 2004. An agreed consent
decree was approved by the court in October 2004, and the state also agreed to settle a federal court case
brought by Latham on behalf of an individual ward. Under the consent decree, the CYA is ordered to, among other things, reduce violence within the CYA,
hire a new, board-certified medical director, develop a plan to reduce the length of stay for wards in isolation
units, stop taking in wards whom it does not have adequate facilities to serve, and develop and implement
detailed remedial plans to provide all wards in the CYA with adequate and effective care, treatment and
rehabilitative services. The California Youth Authority (CYA) is a state agency charged with the rehabilitation of youthful offenders. The CYA is required by statute to substitute training and treatment for punishment of its wards. The CYA houses more than 5,000 male and female wards in 11 correctional facilities across California. When created in the 1940s, the CYA was a national model for youth rehabilitation. In recent years, however, conditions have regressed to almost Dickensian levels. In 2001, Latham joined two Bay Area public interest law firms — the Prison Law Office and Disability Rights
Advocates — to investigate the CYA. Attorneys and paralegals interviewed more than 100 wards, visited
each CYA facility and reviewed tens of thousands of ward files and other documents. The investigation
found illegal conditions in essentially every aspect of the CYA, including: California Youth Authority • Physical Safety. Prison guards routinely beat wards and unnecessarily sprayed them with
chemical agents such as Mace. Rape was common
and uncontrolled gang violence was pandemic. • Isolation. Many wards lived for months at a time under a regime called “23/1,” which kept them
inside their cells 23 hours a day, with one hour
outdoors in kennel-type cages. • Medical and Dental Care. The CYA admitted that it had too few doctors and nurses to provide even
the most basic medical or dental care. • Mental Health Care. The CYA admitted that it failed to provide even basic mental health care. • Education. Barely half of wards actually received the statutory minimum education required by law. • Drug Abuse and Sex-Offender Treatment. The CYA admitted that its treatment programs
were woefully ineffective. • Disability Discrimination. The CYA was not equipped to handle its many wards who have
disabilities. 24 The consent decree also provides for monitoring
by a Special Master and by attorneys for the
wards to ensure that the CYA complies. The Latham team was led by Silicon Valley
partner Dick Ulmer, San Francisco associate
Allyson McKinney an