Grateful 7 speech thanking everyone that has helped.pdf
Tabatha Hottes Portfolio
1. ACCOLADES
In surveys conducted by various publications and organizations, our clients consistently
recognize Kirkland & Ellis LLP as one of the top law firms in the world. Kirkland is
proud of the survey results and grateful to our clients for their confidence and trust.
In the Corporate Board Member survey, “America’s Best Corporate Law Firms,”
published in its Second Quarter 2010 issue, members of corporate boards across
America ranked Kirkland as one of the top 10 firms to represent their companies on
national matters.
Since The American Lawyer began its biennial “Litigation Department of the Year”
survey in 2002, Kirkland’s Litigation Practice Group has been named as a winner or
finalist in every contest. Kirkland is the only firm able to claim this honor.
Chambers & Partners, a highly respected international rating firm, named Kirkland the
“USA Law Firm of the Year” in November 2006. Chambers has also singled out
Kirkland’s Restructuring, Intellectual Property and Private Funds practices for its Award
for Excellence in 2008, 2009 and 2010, respectively.
In recognition of the Firm’s superior service across practice areas, Kirkland was selected
as the “International Law Firm of the Year” by The Lawyer magazine at its annual
awards ceremony in London in June 2007. In May 2010, The Lawyer also named
Kirkland one of the “Sweet Sixteen” law firms in its supplement, “The Transatlantic
Elite,” for the third year in a row.
KIRKLAND & ELLIS LLP
2. LITIGATION
Named as a Finalist for “Litigation
Department of the Year”
The American Lawyer, January 2010
“Kirkland lawyers are not In 2010, The American Lawyer named Kirkland one of five finalist firms for its biennial
afraid to litigate”
“Litigation Department of the Year” contest. Since the competition began in 2002,
Kirkland has been named as a finalist — or the ultimate winner — in one or more
categories in all five contests. Kirkland is the only firm able to claim this honor.
“In the courtroom, nobody Kirkland’s Litigation Practice Group was named the “Litigation Department of the Year”
does it better.” by The American Lawyer in its biennial survey, published in January 2008. The Firm’s
selection reflects the “number of high-stakes, high-impact trials its lawyers have won
since the start of 2006.” Over that period, Kirkland tried 30 cases to verdict, winning
more significant trials than any other firm evaluated.
Perennial leader Every year, Chambers & Partners conducts extensive research to compile an objective
in litigation ranking of recommended practitioners. Kirkland is ranked as a leading firm in the
following litigation practice areas in the 2010 Chambers USA, America’s Leading Lawyers
for Business: Antitrust, Appellate Law, Climate Change, Energy, Environment, General
Commercial, Insurance Dispute Resolution, Intellectual Property, International Trade,
Labor & Employment, Life Sciences, Media & Entertainment, Products Liability &
Mass Torts, Tax and White Collar Crime & Government Investigations.
Excellence in International Chambers & Partners listed Kirkland among the best firms in the UK in the area of
Dispute Resolution Dispute Resolution in Chambers UK, A Client's Guide to the UK Legal Profession 2010.
Listed by Fortune 100 For its 2009 survey, “Who Represents Corporate America,” The National Law Journal
companies as a go-to named Kirkland as one of the go-to litigation law firms for America’s biggest
litigation law firm
corporations by examining public records to determine the most frequently used outside
counsel by Fortune 100 companies.
“The absolute best Kirkland ranked sixth among the nation’s top 30 law firms in the “BTI Client Service A-
client service”
Team 2010: The Survey of Law Firm Client Service Performance.”
“Most prestigious” The 2010 Vault Guide to the Top 100 Law Firms ranked Kirkland’s litigation partners as
the most prestigious among the “Top 100 Law Firms” in the nation.
3. INTELLECTUAL PROPERTY
“e firm to choose for the biggest cases.”
Chambers USA, America’s Leading Lawyers for Business 2010
First-tier ranking in IP for five In Chambers USA, America’s Leading Lawyers for Business 2010, Kirkland received a
consecutive years national first-tier ranking for intellectual property, for the fifth consecutive year.
According to the publication, clients call Kirkland “the firm to choose for the biggest
cases.” They go on to say, “These fantastic lawyers are always impressive.”
“Trademark Contentious Firm Managing Intellectual Property named Kirkland the “Trademark Contentious Firm of the
of the Year” Year” for the Northeast region at the North American IP Awards in 2010. The Firm was
also shortlisted for “Patent Contentious Firm of the Year” for the Midwest and
Northeast regions.
“a key destination for Chambers & Partners conducts extensive research and analysis in compiling its objective
high-stakes litigation and list of legal talent available at the highest level of international practice. In Chambers
trial work”
Global, The World’s Leading Lawyers for Business 2010, Kirkland was listed as a first-tier
firm for the fifth consecutive year in the area of intellectual property.
National first-tier ranking in Kirkland received a first-tier ranking for contentious patent work in the 2010 Managing
contentious patent and ITC Intellectual Property magazine survey of leading patent firms. Kirkland also ranked in the
work
first tier for ITC work.
First-place ranking in IP IP Law & Business’ survey, “Who Protects Innovation in America 2009,” ranked law
Litigation firms used by “The World’s 50 Most Innovative Companies,” a list compiled by
BusinessWeek and the Boston Consulting Group. Kirkland’s Intellectual Property Practice
Group has been ranked highly since the survey began in 1999. This year, Kirkland
ranked first in “IP Patent Litigation” and tied for fourth place in the overall category for
firms mentioned most frequently.
Most defense cases filed In the ninth annual Patent Litigation Survey, published by IP Law & Business in 2009,
Kirkland was again listed among the most active firms. Kirkland placed first for the most
defense cases filed and second for total district court cases filed. The survey includes
patent lawsuits that were filed in federal district courts in 2008.
Award for Excellence in IP In 2009, Kirkland’s Intellectual Property Group was honored with the Award for
Litigation Excellence in IP Litigation from international legal rating firm Chambers & Partners.
Chambers said, “The huge commitment [Kirkland] has made to its national IP litigation
practice is very much in evidence.”
4. CORPORATE
“The breadth and quality of Kirkland’s
team are unsurpassed.”
Chambers USA, America’s Leading Lawyers for Business 2010
Law Firm of the Year Buyouts magazine recognized Kirkland as its 2010 “Law Firm of the Year” in its “Deal
of the Year Yearbook.” According to the publication, the Firm won because it remained
active during a tough economic climate; represented Vestar Capital Partners in its $1.3
billion sale of Birds Eye Foods and GTCR Golder Rauner LLC in its $900 million sale
of Ovation Pharmaceuticals; worked with many mid-market funds on fund formation;
opened an office in Shanghai; and has more lawyers working on leveraged buyouts than
any other firm in the United States.
Award for Excellence in In 2010, Kirkland’s Private Funds Practice was honored with the Award for Excellence
Investment Funds in Investment Funds from international legal rating firm Chambers & Partners.
Chambers said, “This midmarket focused practice has been well positioned throughout
a difficult economic time, with a broad spread of work across private equity, hedge and
real estate funds.”
“a behemoth of the private On an annual basis, Chambers & Partners conducts extensive research to compile its
equity world” objective list of recommended leading practitioners for Chambers USA, America’s
Leading Lawyers for Business. The Kirkland corporate practice areas ranking in the top
five in the 2010 edition include: Banking & Finance, Capital Markets,
Corporate/M&A, Corporate/M&A & Private Equity, Energy (transactional),
Investment Funds and Tax.”
Law Firm of the Year For the second year in a row, Private Equity International honored Kirkland with the
(Transactions) in North America award for Law Firm of the Year (Transactions) in North America. The Firm was also
shortlisted for Law Firm of the Year (Fund Formation) in Europe.
Ranked first in deal volume for Kirkland ranked first by deal volume as legal advisor for buyouts according to
buyouts mergermarket’s “North American Private Equity in Review Full-Year 2009.” The Firm
also ranked first by deal volume as legal advisor for exits.
One of the “Sweet Sixteen” For the third year in a row, The Lawyer named Kirkland one of the “Sweet Sixteen” law
among “Transatlantic Elite” firms in its supplement, “The Transatlantic Elite.” The publication noted Kirkland’s
work for clients such as Japan Airlines, Teva Pharmaceutical Industries and Vestar
Capital Partners. To create its list, The Lawyer referenced data including law firm
finances, lawyer headcounts and deals tables as well as interviews with partners,
consultants and legal market watchers.
5. RESTRUCTURING
“The team never fails to provide practical,
business-minded advice: it’s undoubtedly a
number-one practice.”
Chambers USA, America’s Leading Lawyers for Business 2010
First-tier global and national On an annual basis, Chambers & Partners conducts extensive research and thorough
ranking in restructuring and
data analysis in compiling its objective list of talent available at the highest level of
insolvency
international legal practice. Kirkland’s Restructuring Group has been highly ranked since
the publication’s inception and received a first-tier ranking in both the global and USA
categories in the 2008 through 2010 editions of Chambers Global, The World’s Leading
Lawyers for Business.
“a tremendous practice both In the 2007 through 2010 editions of Chambers USA, America’s Leading Lawyers for
on a national and international Business, Kirkland’s Restructuring Group was ranked in the first tier among law firms for
platform”
Bankruptcy/Restructuring. In the 2010 edition, sources commented that “these are the
premier debtor lawyers in the country. They take into account not only the law but also
the motives and personalities of all those involved.”
Back-to-back first-tier rankings The Legal 500 U.S. aims to provide independent, unbiased commentary on the leading
in corporate restructuring law firms in the U.S. legal marketplace in various areas of corporate, intellectual
property, litigation, real estate and tax law. Kirkland received a first-tier ranking in
Corporate Restructuring in the 2008 through 2010 editions.
First-tier ranking in IFLR1000 is the international legal market’s guide to leading corporate finance law firms
restructuring and insolvency spanning the globe. The information published in this guide is compiled using resources
from Legal Media Group’s International Financial Law Review and Expert Guides. In the
2008 through 2010 editions of IFLR1000, Kirkland received a first-tier ranking in
Restructuring & Insolvency.
Honored with “Award for In June 2008, Kirkland’s Restructuring Group was selected for an Award for Excellence
Excellence in Restructuring” by Chambers & Partners, a highly respected international rating firm. The practice
group was recognized in the Bankruptcy Team category for providing superior service to
its clients.
Named to the Global 50 PLC Which lawyer? is a guide to the law and lawyers in more than 90 jurisdictions
worldwide. To compile the information, PLC asked general counsel of the world’s top
6,000 companies about the law firms they use for outside counsel. The Global 50
includes firms that score the most points based on the research conducted and the
recommendations received. Kirkland was considered a leader in Restructuring and
Insolvency in the 2008 through 2010 editions.
“Restructuring Law Firm For the second year in a row, Kirkland’s Restructuring Group received Global M&A
of the Year” Network’s award for Restructuring Law Firm of the Year at the Turnaround Atlas Awards
in June 2010.
6. LOcAtiOns wORLdwide
Chicago Hong Kong London Los Angeles
Kirkland & Ellis LLP Kirkland & Ellis International LLP Kirkland & Ellis International LLP Kirkland & Ellis LLP
300 North LaSalle 26th Floor, Gloucester Tower 30 St Mary Axe 333 South Hope Street
Chicago, IL 60654 The Landmark London EC3A 8AF Los Angeles, CA 90071
United States 15 Queen’s Road Central United Kingdom United States
+1 (312) 862-2000 Hong Kong +44 20 7469 2000 +1 (213) 680-8400
+1 (312) 862-2200 fax +852-3761-3300 +44 20 7469 2001 fax +1 (213) 680-8500 fax
+852-3761-3301 fax
Munich New York Palo Alto San Francisco
Kirkland & Ellis International LLP Kirkland & Ellis LLP Kirkland & Ellis LLP Kirkland & Ellis LLP
Maximilianstrasse 11 601 Lexington Avenue 950 Page Mill Road 555 California Street
80539 Munich New York, NY 10022 Palo Alto, CA 94304 San Francisco, CA 94104
Germany United States United States United States
+49 89 2030 6000 +1 (212) 446-4800 +1 (650) 859-7000 +1 (415) 439-1400
+49 89 2030 6100 fax +1 (212) 446-4900 fax +1 (650) 859-7500 fax +1 (415) 439-1500 fax
Mailing Address:
Shanghai Washington, D.C. P.O. Box 51827
11th Floor, HSBC Building Kirkland & Ellis LLP Palo Alto, CA 94303
Shanghai IFC 655 Fifteenth Street, N.W. United States
8 Century Avenue Washington, D.C. 20005-5793
Pudong New District United States
Shanghai 200120 +1 (202) 879-5000
P.R. China +1 (202) 879-5200 fax
+8621 3857 6300
+8621 3857 6301 fax
www.kirkland.com
7. REVIEW OF FOUNDATION CONTRIBUTIONS
KIRKLAND & ELLIS LLP
Attorney Advertising 2007
9. About the Kirkland & Ellis Foundation
Founded in 1982, the Foundation was created for the purpose of providing financial support to
charitable and law-related organizations that serve a wide range of initiatives and people in
communities nationwide and abroad. Annual contributions from Kirkland partners fund the
Foundation. Employees, associates and partners of the Firm can also have charitable contributions
matched through the Foundation’s Employee Matching Program. This fund-matching program
maximizes the impact of employee giving to projects that are important to both employees and
the Firm.
The Kirkland Foundation is committed to helping hundreds of charitable efforts succeed every year.
Giving efforts are principally focused on groups that help improve the administration of legal
services. Additional funds are donated to organizations committed to enhancing the quality of life
through improved community services, green initiatives, cultural awareness, youth programs,
educational programs, healthcare initiatives and diversity sensitivity. This booklet offers an inside
look into the Foundation and the wide variety of initiatives to which we offered financial support in
2007. We consider it an honor to partner with these and other organizations.
1
11. LEGAL
ensuring that justice under the law is available to all
Appleseed
With public interest justice centers throughout the United States and Mexico, Appleseed works
through research and legal and legislative reform to help guarantee democracy and a life of
opportunity for all individuals. Many of Appleseed’s projects have local roots but national effects,
often leading to wide-reaching policy changes in areas such as education, healthcare, immigrant
rights and financial access. Kirkland is proud to offer financial backing to Appleseed in support of
its mission to promote justice across social and geographical boundaries.
The Sedona Conference
The Sedona Conference allows lawyers, jurists, academics and experts at the forefront of new legal
issues to converge and share ideas to advance the law in a just and reasoned way. With a focus on
antitrust law, complex litigation and intellectual property rights, this educational institute allows legal
minds to debate in working groups to produce novel ideas benefiting the bench, bar and general
public. Kirkland participates in the Conference through attendance and financial support, and helps
ensure the continued exchange of ideas to advance just laws.
CARPLS
CARPLS, or Coordinated Advice and Referral Program for Legal Services, provides immediate legal
services to low-income residents of Chicago and Cook County, Illinois. In addition to traditional
legal representation, CARPLS employs telephone hotlines and advice desks to quickly assess civil
legal problems. This “legal triage” system has served as a model for legal aid services across the
United States. CARPLS has provided basic legal solutions to more than 260,000 disadvantaged
individuals since it was established in 1993.
Equal Justice America
According to the American Bar Association, 80 percent of the legal needs of the poor are not being
met. Equal Justice America seeks to lower this statistic by recruiting law students to work with
organizations that provide civil legal services to the country’s disadvantaged. The benefits to Equal
Justice America’s mission are twofold: underprivileged citizens receive pro bono assistance as they
work through the civil justice system and future lawyers gain valuable experience as they work on
real cases. Financial contributions enable Equal Justice America to fund fellowships for students at
nearly 50 law schools.
Kirkland & Ellis LLP • Legal 3
13. COMMUNITY
supporting communities through grassroots efforts and nationwide campaigns
Rebuilding Together San Francisco
Kirkland proudly supports Rebuilding Together San Francisco (RTSF) in its mission to provide free
home repair and renovation programs for elderly, low-income and disabled San Franciscans and
charity facilities. Formerly known as Christmas in April, RTSF has mobilized nearly 50,000
volunteers to renovate more than 1,000 homes and 250 community facilities since its founding in
1989. In addition to renovations, RTSF uses financial donations to beautify schools, install
residential smoke alarms, and upgrade plumbing and electrical systems.
Coalition for the Homeless
The Coalition for the Homeless provides integral services to more than 3,500 New Yorkers every
day. The Coalition believes that sufficient food, affordable housing and the opportunity for
employment are fundamental rights for all Americans. Funds from financial supporters like Kirkland
advance the Coalition’s mission through litigation, public education and direct services. Programs
include a mobile soup kitchen, summer camp for homeless children, and job training and
placement.
Urban Land Institute
The Urban Land Institute (ULI) is a research and education organization dedicated to providing an
open forum and idea-exchange for community builders around the world. The ULI researches
emerging land use issues and trends and provides creative solutions for responsible urbanization.
Kirkland assists ULI in its mission to promote the best in land policy by donating funds to support
ULI’s education programs and advisory services for communities and disaster relief.
Metropolitan Family Services
For more than a century, Metropolitan Family Services has worked to provide services to help
Chicago’s families become stable and self-sufficient. This organization uses community
development and social advocacy to provide support services to children, the mentally ill, low-
income families and seniors. Donations from financial supporters like Kirkland allow Metropolitan
Family Services to provide counseling for victims of abuse, legal representation in adoption cases,
and school-based services for the healthy development of Chicago’s children.
Kirkland & Ellis LLP • Community 5
15. GREEN INITIATIVES
protecting and restoring delicate natural resources
Chesapeake Bay Foundation
The Chesapeake Bay Foundation (CBF) is one of the largest privately funded organizations whose
sole mission is to restore and protect Chesapeake Bay. As their “Save the Bay” slogan implies, CBF
is dedicated to improving the water quality — and therefore the quality of life — for residents of the
Chesapeake Bay region. Donations to CBF contribute both to environmental protection of and
education about the Bay, whose watershed is home to approximately 17 million people.
Nature Conservancy
Since its founding in 1951, The Nature Conservancy has worked to preserve ecologically important
lands and water around the world. The Conservancy employs more than 700 scientists to pursue
conservation initiatives in a non-confrontational manner, and to partner with worldwide communities
and governments in a unified mission to protect the world’s biodiversity for generations to come.
Kirkland is proud to provide financial support to The Nature Conservancy in protection of the
planet’s natural wonders.
Friends of the Chicago River
For nearly 20 years, Friends of the Chicago River has been dedicated to improving the health and
natural beauty of the Chicago River. The organization focuses on the entire 156-mile length of the
river, coordinating governments, businesses and school groups in efforts to revitalize both the river
and the communities through which it flows. Friends of the Chicago River uses donations from its
financial supporters to fund educational and research projects that promote the restoration and
health of the river.
World Wildlife Fund
The World Wildlife Fund (WWF) is the world’s largest multinational conservation organization and
has been in existence for more than 45 years. In addition to its mission to protect natural areas
around the globe, WWF understands that conservation efforts are only successful when the
indigenous people and local communities who depend upon these natural areas are involved. With
the help of financial supporters like Kirkland, WWF partners with these groups to advance its goal
of conserving 19 of the world’s most important natural areas by 2020.
Kirkland & Ellis LLP • Green Initiatives 7
17. CULTURE & ARTS
nurturing imaginations and advancing artistic excellence
Sweet Home New Orleans
Music is a crucial element of New Orleans’ culture and economy. Hurricane Katrina left many in the
city’s music community struggling to rebuild their lives. Sweet Home New Orleans works to
preserve New Orleans’ culture by providing services to the city’s musicians to help them regain their
self-sufficiency. Monetary funding from Kirkland helps this organization provide housing assistance,
legal and health referrals, and musical instrument repairs to preserve the city’s rhythm and
jazz roots.
American Federation of Arts
Established by Congress in 1909, the American Federation of Arts (AFA) is one of the country’s
oldest art organizations and serves nearly 300 museums worldwide. The AFA’s mission is to make
original works of art accessible to the public via traveling exhibits that are displayed throughout the
United States and abroad. The Federation uses funding from donors like Kirkland to offset
exhibition and program costs.
Lawyers for the Creative Arts
Lawyers for the Creative Arts (LCA) provides pro bono legal services to visual, literary and
performing artists. The organization advises qualified low-income artists in a broad range of areas
including intellectual property protection, contract disputes, landlord/tenant issues and immigration
services. Kirkland is proud to provide funding that supports not only LCA’s legal initiatives, but
educational art programming as well.
Museum of the City of New York
The Museum of the City of New York celebrates New York’s diverse heritage, continuous
transformation and unique character through a wealth of exhibits, public programs and publications.
The Museum preserves New York’s rich history through the education of children and adults alike.
The support of private donors and foundations like Kirkland’s constitutes more than 85 percent of
its budget, allowing it to continue exhibitions about the perspectives that define New York.
Kirkland & Ellis LLP • Culture & Arts 9
19. HEALTHCARE
promoting proper medical treatment today and healthier lives tomorrow
Alzheimer’s Association
Alzheimer’s disease is the sixth-leading cause of death in the United States, according to the CDC.
The Alzheimer’s Association seeks to eradicate this disease through research advancement,
enhancement of care for afflicted individuals and promotion of brain health. Donations from financial
supporters like Kirkland allow the Association to operate the nation’s largest library dedicated to
Alzheimer’s disease, hold forums for health care professionals and advance Alzheimer’s research.
Susan G. Komen for the Cure
(f/k/a Susan G. Komen Breast Cancer Foundation)
For more than 25 years, Susan G. Komen for the Cure has worked to eliminate breast cancer as a
life-threatening disease. It is the world’s largest grassroots network of breast cancer activists and
survivors uniting to fight breast cancer worldwide. Susan G. Komen for the Cure uses education,
research and screening to advance its mission, and Kirkland is proud to have assisted this
organization that has raised nearly $1 billion for the breast cancer movement.
Easter Seals
A symbol of spring, the lily serves as an embodiment of Easter Seals’ mission: to provide a new and
better quality of life for individuals with disabilities and special needs. Easter Seals’ primary services
include medical rehabilitation, job training and adult day services. Easter Seals relies on public
contributions from donors like Kirkland to make its services as widely accessible as possible. It
operates service sites at more than 550 locations throughout the country.
The Michael J. Fox Foundation for Parkinson’s Research
The Michael J. Fox Foundation is dedicated to funding research and improved Parkinson’s disease
therapies to develop a cure within the decade. According to the Foundation, it currently takes an
average of 13 years to develop a new central nervous system treatment. The Foundation targets
multiple promising research projects at a time, involving both academic and industry researchers, to
speed drug development and move new treatments into clinics.
Kirkland & Ellis LLP • Healthcare 11
21. YOUTH
enabling youngsters to affect communities for a generation and beyond
City Year
City Year is an organization centered around the belief that young people have the ability to change
the world. Each year, City Year enlists more than 1,400 youths from across America for a year of
full-time community service and leadership development. The participants tutor, mentor and
organize after-school programs for disadvantaged youth throughout the country. Kirkland is proud
to provide financial sponsorship to City Year to further its mission, which has provided educational
support to more than one million youths.
Project YESS
Run by Mt. Hood Community College in Oregon, Project YESS (Youth Employability Support
Services) helps troubled youths realize their personal, academic and vocational potential. Project
YESS offers positive role models to youths struggling to find a sense of direction in their lives and
provides them the opportunity to earn a GED and train for jobs in the workforce. Funds from
financial supporters like Kirkland allow Project YESS to continue its 25-year history of providing a
stimulating learning environment for young people to reach for their goals.
Feed the Children
Headquartered in Oklahoma, Feed the Children is a relief organization that delivers food, clothing
and other necessities to individuals who lack these necessities due to famine, war or natural
disaster. One of the world’s largest private organizations dedicated to feeding the poor and hungry,
Feed the Children supplies nearly 800,000 meals daily in the United States and 32 foreign countries.
Financial sponsorship from Kirkland helps defray the costs of Feed the Children’s food and product
donations.
Voices for Illinois Children
Voices for Illinois Children seeks to educate leaders and policymakers throughout Illinois on all
issues facing the state’s children and their families. For more than 20 years, business and
community leaders involved in Voices have yielded many significant accomplishments, including:
The KidCare program, which provides health insurance to low-income children; the Illinois Earned
Income Tax Credit, which benefits low-income working families; and Preschool for All, which has
made Illinois a national leader in providing quality preschool to all 3- and 4-year-old children.
Kirkland & Ellis LLP • Youth 13
23. EDUCATION
teaching and leading to develop active contributors in today’s world
Constitutional Rights Foundation
The Constitutional Rights Foundation (CRF) educates America’s youth about the democratic society
in which they live. CRF enlists volunteers from all backgrounds — including lawyers, teachers,
athletes and writers — to teach young people about the importance of civic participation in their
communities, as well as the laws and government that shape our society. Financial support from
contributors like Kirkland allows CRF to sponsor youth leadership and history programs, as well as
student conferences and law and government publications.
Sponsors for Educational Opportunity
With offices in New York and London, Sponsors for Educational Opportunity (SEO) provides
academic, career and philanthropic services to mentor and support high school students of color.
SEO encourages minority high school students to strive for admission to selective colleges and to
pursue full-time jobs in leading banks, law firms and companies. SEO is one of New York’s first
mentoring programs for high school students of color. Its programs have benefited more than 5,000
young people in 35 countries.
Law and Business Schools
The Foundation provides financial support to leading law and business schools around the country
and abroad. A few of the schools that have used our financial gifts to fund law chairs, minority
scholarships and public service fellows include:
• Cornell Law School
• Duke University School of Law
• Fordham University School of Law
• Harvard Law School
• Northwestern Law School
• Pepperdine University School of Law
• UCLA School of Law
• University of Chicago Law School
• University of Virginia, Darden School of Business
• Yale Law School
Kirkland & Ellis New York City Public Fellowships
Kirkland’s gift to New York University School of Law and Columbia Law School provides one
outstanding student from each school the opportunity for a year of post-graduate public service in
New York.
Kirkland & Ellis LLP • Education 15
25. DIVERSITY
promoting inclusiveness through understanding and appreciation of differences
Center on Halsted
Kirkland sponsored the Grand Opening Gala for the Center on Halsted on June 8, 2007. The Center
on Halsted is a state-of-the-art community center dedicated to providing the Chicago GLBT
community with a common and safe public place to access critical services and support, as well as
to interact with others in a positive and constructive manner without fear of discrimination or
stigma. In connection with the Center’s Amicus Legal Fair on June 19, 2007, Kirkland attorneys and
summer associates presented a donation to the Center’s Executive Director to advance the Center’s
work in the GLBT community.
Push America
Push America is a nationwide organization dedicated to enhancing the quality of life for people with
disabilities. With help from financial supporters like Kirkland, Push America uses service and
education to spread a message of acceptance and understanding for people with disabilities.
Members of the fraternity Pi Kappa Phi power Push America by serving on city disability
committees, studying special education and constructing accessible environments for the disabled.
Lawyers’ Committee for Civil Rights Under Law
Kirkland is proud to provide financial support to the Lawyers’ Committee for Civil Rights Under Law.
Formed at the request of President John F. Kennedy to provide legal services to address racial
discrimination, the Committee involves the resources of the private bar to obtain racial justice and
economic opportunity for minorities. The bar provides pro bono resources for litigation and public
policy advocacy.
Minority Corporate Counsel Association
The Minority Corporate Counsel Association (MCCA) advocates for growth in the hiring, retention
and promotion of minority attorneys in corporate law departments and firms. MCCA publishes
regular reports to track the numbers of minorities and women in corporate law departments. These
reports are widely used by law firms to plan diversity initiatives. Kirkland gives financial support to
help MCCA fund law school scholarships for minority students.
Kirkland & Ellis LLP • Diversity 17
26. Kirkland & Ellis Foundation Directors and Officers
Clockwise from top left:
Vicki V. Hood, President and Director
Joshua N. Korff, Director
Karen N. Walker, Director
Stephen D. Oetgen, Director
18 Kirkland & Ellis LLP • Foundation Directors and Officers
27. Global Offices
Chicago New York
Kirkland & Ellis LLP Kirkland & Ellis LLP
200 East Randolph Drive Citigroup Center
Chicago, IL 60601-6636 153 East 53rd Street
United States New York, NY 10022-4611
+1 (312) 861-2000 United States
+1 (312) 861-2200 fax +1 (212) 446-4800
+1 (212) 446-4900 fax
Hong Kong
Kirkland & Ellis International LLP Palo Alto
26th Floor, Gloucester Tower Kirkland & Ellis LLP
The Landmark 950 Page Mill Road
15 Queen’s Road Central Palo Alto, CA 94304
Hong Kong United States
+852-3761-3300 +1 (650) 859-7000
+852-3761-3301 fax +1 (650) 859-7500 fax
London Mailing Address:
Kirkland & Ellis International LLP P.O. Box 51827
30 St Mary Axe Palo Alto, CA 94303
London EC3A 8AF United States
United Kingdom
+44 20 7469 2000 San Francisco
+44 20 7469 2001 fax Kirkland & Ellis LLP
555 California Street
Los Angeles San Francisco, CA 94104
Kirkland & Ellis LLP United States
777 South Figueroa Street +1 (415) 439-1400
Los Angeles, CA 90017-5800 +1 (415) 439-1500 fax
United States
+1 (213) 680-8400 Washington, D.C.
+1 (213) 680-8500 fax Kirkland & Ellis LLP
655 Fifteenth Street, N.W.
Munich Washington, D.C. 20005-5793
Kirkland & Ellis International LLP United States
Maximilianstrasse 11 +1 (202) 879-5000
80539 Munich +1 (202) 879-5200 fax
Germany
+49 89 2030 6000
+49 89 2030 6100 fax
Kirkland & Ellis LLP • Global Offices 19
29. [KIRKLAND & ELLIS LLP]
2009
Pro Bono Achievements
Using our legal skills to improve lives,
communities, and our profession
Attorney Advertising
30. [omas Gottschalk ]
“Kirkland attorneys make a
meaningful, positive difference
in the lives of many individuals
and families through their
volunteer pro bono legal
representations.”
Message from the
Pro Bono
Committee Chair
In 2009, Kirkland lawyers undertook more than 900 pro bono representations and devoted more than
115,000 hours of free legal service to pro bono clients, primarily individuals and nonprofit groups who
could not otherwise afford counsel.
e matters in this inaugural Pro Bono Annual Review are just some of the outstanding results Kirkland
lawyers and staff achieved for pro bono clients in 2009. ese stories illustrate how meaningful this work
can be, especially when personal security or family welfare is at stake.
e Pro Bono Management Committee would like to thank all of the lawyers and staff members who take
omas
on pro bono representations for their personal commitment of time and energy, as well as their support of
Gottschalk,
the Firm’s pro bono program.
Chair
Going forward, we are committed to continuing the positive momentum in our pro bono program at Kirkland by expanding the
range of pro bono opportunities for our lawyers and encouraging even broader participation in the program, with the purpose of
making a difference for our clients and ultimately, our communities. For all of us, pro bono means fulfilling the ethical
expectation of our profession to assure that access to adequate legal representation is available to all who need it, not just those
who can afford it.
31. Pro Bono Management Committee Members
James Stephanie Robert Paul Marc Mark
Basile Biggs Boldt Bondor Carmel Cramer
Terrence Michael John Marc Jennifer Marjorie
Dee Garcia Hickey Kieselstein Levy Lindblom
Emily Benjamin William Stephen John Frederick
Nicklin Ostapuk Pratt Ritchie Schoenfeld Tanne
Mission Statement
Kirkland is committed to providing legal services without charge to those who cannot afford counsel with the goals of improving
lives, bettering communities, and deepening our own professional experience.
Message from the Firmwide Management Committee
e Firmwide Management Committee actively supports the mission of the Pro Bono Management Committee. Pro bono work is a
top priority within Kirkland, and we encourage lawyers at all levels to participate in such work. In 2009, the Firm achieved an
all-time high in the number of its lawyers doing pro bono work. We are proud of this accomplishment and anticipate even greater
involvement in the future.
32. [ “I have succeeded in my
profession because many
people outside of my
family helped me, and I
believe it is my obligation
to help others as well.”
— Chong Park,
Kirkland Washington, D.C.
]
Litigation Partner
Immigration
&
Asylum
4
33. LGBT Asylum Project
Kirkland’s LGBT Asylum Project was born out of a request from of her prison or “prayer camp” experiences. Kirkland attorneys,
LGBT students at Columbia Law School who were interested in however, were able to obtain the letter expelling Ms. A. from
attending pro bono training with Kirkland attorneys and university on the explicit grounds of her homosexuality. ey
working on LGBT-related cases under a Kirkland recruiting were also able to convince her brother, despite his apparent
outreach program. While the Firm had previously handled — shame at having a lesbian sister, to give a notarized statement
and won — a number of asylum cases, the establishment of the corroborating her time in jail, sexual assault at the hands of
LGBT Asylum Project allowed the Firm to take on more LGBT police officers and stay at the “prayer camp.”
asylum cases in more offices and, in the process, became a model
for how partners could become involved in leading focused pro Mr. E., a gay man from Mexico, had been subject to abusive
bono projects. treatment at home at the hands of his father and at school. At
the age of 13, he witnessed the stabbing of a friend — also
Attorney and staff time and expenses dedicated to the LGBT rumored to be gay — and decided that it was unsafe for him to
Asylum Project totaled approximately 1,700 hours and $750,000 remain in Mexico. After a dangerous border crossing, during
in 2009. Among the cases handled in the past year were those which he was sexually harassed and assaulted by his smugglers,
involving gay men and lesbians from Ecuador, Mexico, Grenada, Mr. E. finally arrived in New York, where he stayed with his
Ghana, Colombia and Jamaica. mother for two years. When she discovered that her son was gay,
she too became abusive, at which point the teenaged Mr. E. was
Here are just two of the compelling stories of the LGBT Asylum abandoned on the streets. e Kirkland pro bono team secured
Project’s clients: regular psychiatric treatment for Mr. E. for post-traumatic stress,
which, in turn, has strengthened his asylum application.
In July 2009, a Kirkland team won asylum for Ms. A., a 22-year-
old lesbian from Ghana. In her native Ghana, where For their work in these cases and others, Kirkland and the
homosexuality remains illegal, Ms. A. was expelled from her individual lawyers involved in the LGBT Asylum Project were
university in 2008 when it was discovered that she was a lesbian. honored by Immigration Equality with a 2010 Safe Haven
Ms. A. was subsequently taken to jail in handcuffs and sexually Award. In announcing the award, Immigration Equality’s
assaulted. After her family provided bribes for her release, Ms. A. executive director pointed to the amount and significance of the
was sent to a “prayer camp” where she was chained to a block casework handled by Kirkland, the Firmwide scope of the
and starved over a period of weeks in order to weaken her program and other resources Kirkland has brought to the
“internal demons.” Ms. A.’s story was difficult to document since support of the program, such as use of conference space for
she fled the country with little paperwork and no official record city-wide trainings for the organization.
5
34. Immigration Intervention Project for Domestic Violence Victims
In 2004, Kirkland’s New York office formalized its participation Since 2004, more than 150 Kirkland attorneys have represented
in what has become the New York Immigration Intervention more than 100 clients as part of the project. To date, Kirkland
Project for Domestic Violence Victims, in which Kirkland has met with success in all of the petitions it has filed. e
attorneys represent battered women and their children in filing project is enabled in large part by the Firm’s strong relationship
petitions to legalize their residency in the United States under with Sanctuary for Families, the largest nonprofit organization in
the Violence Against Women Act (VAWA) and related statutes. New York dedicated exclusively to serving domestic violence
VAWA permits immigrant spouses of U.S. citizens or green card victims and their children. In addition to referring clients to the
holders who have been subjected to severe abuse at the hands of Firm, Sanctuary offers training to Kirkland attorneys and serves
their spouses to petition for lawful permanent resident status as co-counsel on most matters. To date, Sanctuary has honored
without the sponsorship or knowledge of the abusive spouse. three Kirkland attorneys for their distinguished work in
Kirkland also represents battered women and their children in representing victims of domestic violence.
seeking other immigration remedies that apply to domestic
violence victims, such as Battered Spouse Waivers, U-Visa
immigrant status and asylum on the basis of gender-based
persecution.
“Working on VAWA pro bono cases has been very rewarding because I have been able to help
improve the lives of these women and to help jump-start their future in this country.”
— Kester Spindler, Kirkland New York Corporate Partner & 2009 Recipient of Sanctuary for Families Award
Asylum Victory
On May 14, 2009, a Chicago immigration court granted asylum terrorist organization. e government waived its appeal, which
to Kirkland client Mr. G., an ethnic Oromo and citizen of solidified Mr. G.’s granting of asylum after a three-year struggle.
Ethiopia. Mr. G. suffered abuse at the hands of Ethiopian e Kirkland team was assisted in this effort by the National
government forces on the false suspicion that he was a member Immigrant Justice Center.
of the Oromo Liberation Front, a group considered to be a
“Before getting asylum, I didn’t know if I would be safe or if I would be sent back to my country
and killed. But the lawyers helped me. I am now working as a cab driver here in Chicago and
getting ready to apply for a green card. None of this would be possible without Kirkland.”
— Mr. G.
6
35. The Kirkland Immigration Network
Founded in 2006, the Kirkland Immigration Network (KIN) immigration organizations, such as the National Immigrant
helps connect attorneys and staff with opportunities to serve Justice Center, by filing amicus briefs and administrative
immigration clients in asylum claims, U-Visa and VAWA petitions for rulemaking. Kirkland plans to make KIN, which is
petitions, appellate advocacy, know-your-rights presentations, currently based in the Chicago office, a Firmwide organization to
and the representations of unaccompanied minors to obtain facilitate knowledge-sharing among attorneys and staff handling
special immigrant juvenile status. KIN attorneys also represent pro bono matters.
“KIN provides a forum for sharing insights and war-stories with other Kirkland attorneys interested
in these [asylum] issues, and it has made me a more effective advocate for my immigration clients.
Being trusted with such a great responsibility inspires me to do everything I can to achieve the best
outcome for my client.”
— Maria Maras, Kirkland Chicago Intellectual Property Associate
7
36. [ “Having a celebratory
dinner with our client’s
family was one of the
best experiences you can
have as a lawyer.”
— R.C. Harlan,
Kirkland Los Angeles
]
Litigation Associate
Criminal
Defense
8
37. Victory in Gissendanner Death Penalty Appeal
Working with the Montgomery-based Equal Justice Initiative Mr. Gissendanner’s conviction, Kirkland lawyers examined
and the New York University School of Law, Kirkland lawyers nearly 25 witnesses and more than 100 exhibits, and filed a 100-
recently obtained a new trial for Alabama Death Row inmate plus-page closing argument brief. In the original trial, no defense
Emmanuel Gissendanner. On March 31, 2010, the judge who evidence was presented and only the defendant and two other
presided over the original trial overturned the verdict and defense witnesses were called to the stand. e original defense
ordered a new trial for the 34-year-old Mr. Gissendanner, an lawyers in the case, when put on the stand, reluctantly affirmed
African-American who has been on Death Row since 2003. e their time records (a total of 16.7 hours in preparation for trial).
grounds upon which the new trial was ordered were Asked why they had not sought to put fingerprint, handwriting
ineffectiveness of counsel as well as the state’s failure to turn over or forensic experts on the stand, prior counsel replied that they
key exculpatory evidence. Mr. Gissendanner was accused of considered such expertise as “voodoo science” and “a sham.”
assaulting and killing a 77-year-old woman, Margaret Snellgrove,
and then disposing of her body in a wooded area. Adding credence to Mr. Gissendanner’s story, during the
evidentiary hearing, Mr. Gissendanner’s brother hurried into the
e defendant, who had once done yard work at Ms. Snellgrove’s courtroom to report that a woman just told him that she knew
home, cashed a forged check taken from her purse. Mr. the identity of the real murderers. e woman, who just
Gissendanner had a prior criminal conviction for forgery based happened to be at the courthouse that day, told Kirkland
on his cashing a check from his wife’s account, though no record attorneys that two middle-aged white brothers bragged to her
of violent crimes. At trial, the state introduced evidence that a that they and another local white man known as “Buster” had
witness had seen a large black man driving Ms. Snellgrove’s car killed Ms. Snellgrove during the course of breaking into Ms.
the day of the alleged murder. For his part, Mr. Gissendanner Snellgrove’s home in an attempt to steal her television. She also
claimed that he had been at his parents’ home at the time of the stated that the brothers and “Buster” stole Ms. Snellgrove’s car.
incident. He also claimed that he had rented Ms. Snellgrove’s car Her written declaration was presented to the district attorney
from a man known to him as “Buster.” Having been found guilty and the judge presiding over the evidentiary hearing in chambers
of murder, Mr. Gissendanner was given the death penalty. e before the final day of the testimony. e judge asked the district
Alabama Court of Criminal Appeals upheld the sentence 5-0. attorney to begin investigating her allegations.
A team of Kirkland lawyers became involved in the case in early e judge ultimately concluded that the state had withheld
2007. Based on forensic evidence, they came to believe that Mr. favorable evidence and that “but for defense counsel’s
Gissendanner could not have been at the scene of the crime, and unprofessional errors” the result of the proceeding would have
that it was apparent other individuals caused Ms. Snellgrove’s been different and thus ordered a new trial.
death. In the course of the evidentiary hearing challenging
9
38. Soffar Death Penalty Appeal
On June 14, 1980, four people were shot execution-style during few months later, Mr. Soffar was tried, convicted and sentenced
a robbery at a Houston bowling alley. ree of the victims died to death for the murder of one of the victims. In 2004, his
at the scene, and one survived and went on to give police a conviction was overturned by the Fifth Circuit.
detailed description of the robber and the crime. ree weeks
passed with no arrest. Although Mr. Soffar is clearly innocent, following a
constitutionally flawed trial in 2006 at which key evidence was
On August 6, Mr. Soffar, a petty criminal who suffered from kept from the jury, Mr. Soffar was, once again, convicted and
brain damage and had a reputation for making up stories, was sentenced to death. Kirkland attorneys have stepped in to handle
arrested riding a stolen motorcycle. Mr. Soffar claimed to have Mr. Soffar’s case and so far have located three new witnesses who
information about the bowling alley murders. After three can place an alternative perpetrator, matching the original
grueling days of interrogation, during which he asked how he description of the robber, at the scene of the crime in the weeks
could get a lawyer and was told that he was “on his own,” Mr. and days leading up to the murders. Kirkland attorneys are
Soffar claimed to have shot two of the victims. Although Mr. currently awaiting the trial court’s ruling on whether to hold an
Soffar did not match the description given of the robber, and his evidentiary hearing at which they will present the new evidence.
statement did not match the facts of the crime in any respect, a
DNA and the Innocence Protection Act
Kirkland, in conjunction with the Center on Wrongful In July 2009, at Kirkland’s urging, the Fifth Circuit reversed the
Convictions at Northwestern University, represented Steve district court’s decision and ordered DNA testing of each piece
Fasano, who was convicted of bank robbery in 2006. Certain of the physical evidence. e opinion is a landmark decision. It
physical evidence worn by the thief during the crime (parts of is the first published opinion granting a request for DNA testing
the robber’s disguise discarded after the heist) was never tested under the IPA, it reads the statute expansively, and it rejects the
for DNA prior to trial. After Mr. Fasano’s conviction was upheld, government’s argument that the otherwise strong case against
Kirkland agreed to represent him and petitioned for DNA Mr. Fasano was a sufficient basis to deny post-conviction DNA
testing under the federal Innocence Protection Act (IPA) — testing.
which was enacted in 2004, but had at the time never been
successfully invoked. e Southern District of Mississippi
rejected Mr. Fasano’s testing petition, reading the IPA narrowly.
10
39. Kirkland Succeeds in Wrongful Conviction Case
Kirkland achieved a pro bono victory on behalf of a client who Kirkland became involved after the client’s conviction was
had been wrongly convicted of assault with a deadly weapon in vacated on the basis of ineffective assistance of counsel. e team
fall 2009. Kirkland’s client was a Chinese immigrant who spoke obtained all of the relevant documents, records and grand jury
limited English and whose conviction resulted largely from his testimony and prepared for retrial. Ultimately, following
original trial counsel’s failure to provide an interpreter and its discussions with the U.S. Attorney’s Office, Kirkland convinced
incompetence. e Firm’s client was arrested and charged the government not to seek retrial and to dismiss all charges.
following an incident outside of the Washington, D.C. Following the dismissal, Kirkland filed and won a motion to seal
restaurant where he worked. the client’s criminal records based on a showing of factual
innocence.
California Habeas Project
e California Habeas Project is a collaboration that enhances effects on Ms. R. of long-term abusive relationships. California
justice for domestic violence survivors incarcerated for crimes Penal Code Section 1473.5 provides habeas relief for battered
related to their experiences of being abused. rough this women, such as Ms. R., who were incarcerated for killing their
project, Kirkland represents Ms. R., who was convicted of abusive partners before 1996, and who were prejudiced at trial
second-degree murder of her abusive partner in 1994 and has by a lack of expert testimony on intimate partner battering and
served 16 years in prison. its effects. Ms. R.’s Kirkland attorneys have worked with an
expert on “intimate partner battering” to obtain the factual
Despite years of suffering at the hands of her partner and others, support they need to file a habeas petition for Ms. R. under
Ms. R.’s trial attorneys did not present any evidence about the Section 1473.5.
Seventh Circuit Appeal Victory
On August 3, 2009, the U.S. Court of Appeals for the Seventh e district court denied this petition as “untimely” under the
Circuit issued a unanimous opinion in favor of Kirkland client Antiterrorism Enforcement and Death Penalty Act of 1996,
Melky Terry reversing the order that held that Mr. Terry’s which states that a habeas petition can be filed no more than one
petition for a writ of habeas corpus was untimely. year after a criminal conviction becomes final, not counting the
time during which the petitioner seeks relief in state court. Mr.
e case began in 1992, when Mr. Terry filed a petition for a Terry’s, they said, missed this deadline by two months. e
writ of habeas corpus in federal district court alleging that he was Kirkland team discovered the district court’s use of the incorrect
held in state custody in violation of his constitutional rights. e date, and the Seventh Circuit ultimately ruled that Mr. Terry’s
petition was dismissed under then-controlling law, because Mr. petition was timely.
Terry had not first sought relief in state court. Mr. Terry then
litigated his claims in state court until late 2005, when his final
state appeal was denied. He then returned to federal court and
filed a renewed habeas petition.
11
40. [ “e commitment to
remain involved and see
that the legal victory
becomes a reality for
Maryland’s poor
demonstrates both the
quality of lawyering and
the heart of our new
Kirkland friends.”
— John Nethercut,
Executive Director,
Public Justice Center ]
Public
Benefits
12
41. Kirkland Assists Thousands of Maryland Residents
In December 2009, a Baltimore circuit court judge ruled that e court fast-tracked the case, and after a full trial, found in
the state of Maryland has failed to deliver food stamps, cash favor of Kirkland’s clients. e court ordered the defendant to
assistance and medical benefits to thousands of residents in a develop a corrective action plan to achieve compliance and
timely manner. Kirkland, along with co-counsel from the ordered that the defendant indeed achieve full compliance with
National Center for Law and Economic Justice, the Public timely processing requirements within 12 months of the
Justice Center and the Homeless Persons Representation Project, judgment. ere is no sunset on the court’s jurisdiction, and the
represented low-income Maryland residents in the case. defendant did not appeal.
e suit alleged that the defendant, Maryland Governor’s Kirkland has received several awards for its work on this case: the
Cabinet appointee Secretary Brenda Donald, has engaged in a Outstanding Volunteer Law Firm of the Year Award from the
pattern or practice of violating federal and state requirements for Homeless Persons Representation Project, the Maryland Pro
the timely processing of benefit applications. e suit also Bono Service Award from the Pro Bono Resource Center of
alleged that the defendant’s unlawful delays in the act of Maryland and Distinguished Honoree from the National Center
processing applications and providing benefits caused needy for Law & Economic Justice.
individuals and families in Maryland to face hunger,
homelessness and serious health risks.
“Kirkland’s commitment to pro bono work is real. As a newly minted lateral hire, I was impressed
by the Firm’s willingness to take on impact litigation and grateful for having been given the
opportunity to co-lead this major civil rights case from which thousands of needy families in
Maryland stand to benefit.”
— Philippa Scarlett, Kirkland Washington, D.C. Litigation Partner
13
42. Social Security Overpayment Project
Kirkland has piloted a new Social Security Overpayment pro e Social Security Overpayment Project is run in conjunction
bono program in collaboration with the Chicago Bar with AIDS Legal Council of Chicago, Health & Disability
Foundation and four Chicago-based legal aid organizations to Advocates, Legal Assistance Foundation of Metropolitan
assist low-income disabled individuals who receive Chicago and Equip for Equality. e Chicago Bar Foundation,
“overpayments” from the Social Security Administration (SSA). the charitable arm of the Chicago Bar Association, has facilitated
Overpayments can occur in error when a beneficiary is the collaboration. Nearly 100 Kirkland transactional lawyers to
attempting to return to work. Often, the SSA will require the date have been trained to assist these individuals on these
recipient to pay back any overpaid benefits and will reduce their important overpayment matters and their resolution.
current benefits until the money is paid back. A reduction in
benefits can be devastating to these disabled individuals, who
survive on extremely limited income, primarily the Social
Security payments.
“rough the [Social Security Overpayment] Project, Kirkland’s attorneys are providing
much-needed legal assistance to elderly and disabled individuals so that these individuals
continue to receive the Social Security benefits that they need to remain stable and independent.”
— Bob Glaves, Executive Director, Chicago Bar Foundation
Fighting for the Children of Tennessee
Since 2005, Kirkland has partnered with the Tennessee Justice federally mandated early periodic screening, diagnosis and
Center (TJC) to fight cuts to TennCare, Tennessee’s Medicaid treatment requirements for the over half a million children
expansion program, and force the state to live up to its court- enrolled in the TennCare program. A hearing date of May 1,
ordered obligation to provide health care to the nearly 700,000 2008, was set (and then extended) to further determine the
children enrolled in the program. is ongoing case follows an state’s compliance. In June 2009, the court denied the state’s
earlier case in which Kirkland and the TJC challenged the state’s motion to vacate the consent decree, which is now on appeal to
procedures for terminating TennCare coverage and won the Sixth Circuit. Argument took place in April 2010. Upon
concessions that helped 15,000 low-income Tennesseans retain favorable resolution of the appeal, the case is expected to go to
their benefits. trial sometime in 2011.
In January of 2007, the court-appointed monitors issued a report In recognition of the Firm’s work on this case, the TJC gave
finding that the state was still not in compliance with its Kirkland its Pro Bono Law Firm of the Year Award in 2010.
14
43. Attorney Profile: Jennifer Selendy
New York litigation partner Jennifer Selendy led the team that that as it may, at the end of the day, we got the result we wanted:
produced one of Kirkland’s outstanding 2009 pro bono victories, Eva was able to terminate the contract. And I wound up with my
the much-publicized Maryland food stamps case (see page 13). first really substantive trial experience, 18 or 19 directs and
Recently, we took time out of Jennifer’s busy day to talk about crosses in the course of a 30-day arbitration — and all on behalf
her pro bono work at Kirkland. of a lady who is a legend!”
How did you come to be involved in pro bono work? How did you become involved with the Maryland case?
“e intersection of poverty, children and women’s rights issues “One of the lawyers at the NCLEJ called me and said, ‘We’ve
interested me from the time I graduated from Harvard Law just sued the state of Maryland. We’re hoping that it will settle,
School in 1995. As an associate at Cravath, I considered leaving but if it doesn’t, it’s probably going to be fast-tracked and be a
to become a public interest lawyer. Gradually, though, I found very significant litigation.’”
myself becoming consumed intellectually in private practice, so
that when I did leave Cravath, it was to join Kirkland as a trial Why was the case so significant?
lawyer. By then, I’d also come to realize that I could play a “Maryland is in the bottom quartile of the states in
meaningful role by working with organizations that I cared administering their public benefits program. e state was not
about, primarily the National Center for Law and Economic getting food stamps and other benefits to the people who needed
Justice (NCLEJ), where I have a long history and where I’ve just it. You had a situation where food pantries were in crisis with
been elected chair.” signs on their doors saying, ‘Will reopen in 90 days.’ Public
hospitals were in crisis. Homeless shelters were in crisis.
Do you remember what your first important pro bono case was at Children, in particular, weren’t receiving their benefits in a
Kirkland? timely manner.”
“As a fourth or fifth year associate, I became involved in a matter
on behalf of the famous Hungarian-born industrial designer Eva What was your biggest challenge in the case?
Zeisel, who was 96 years-old at the time. e case pitted Eva “Brenda Donald, the secretary of the Maryland Department of
against e Orange Chicken, a Tribeca art gallery, that claimed Human Services, has a very impressive resume and a long track-
exclusive rights to many of her works. We eventually went to record of public service, and is extremely charismatic. She would
arbitration — a long arbitration, witnesses upon witnesses. be a challenge. It was my primary assignment to take her
When it was Eva’s time to be deposed, the lawyer on the other deposition and to handle her at trial on direct and on cross. at
side asked her if she’d ever given a deposition before, and, in a meant getting to know her. I came to feel that she would put the
stage whisper, she turned to a colleague of mine and said, ‘Is he state’s best spin on it, but that she was fundamentally honest. On
talking about the Gulag?’ Well, Eva had actually been in the stand, she admitted that up until the day we deposed her, she
prison in the Soviet Union in the 1930s and had been held in hadn’t even known that her agency was already under orders
solitary confinement for 18 months. Her experience is what from the federal government because of their delinquency. No
Arthur Koestler’s book Darkness at Noon is fashioned after. Be one had bothered to tell her.”
15
44. [ “I just wanted to reiterate
how incredibly grateful we
are to you. e positive
result led to a win-win
situation that could not
have been resolved without
your involvement.”
— Martha Bergmark,
Executive Director,
Mississippi Center for Justice ]
Housing
16
45. Assisting Victims of Hurricane Katrina
In February 2009, Kirkland, working with co-counsel from the e city of Waveland refused to issue new building permits to
Mississippi Center for Justice (MCJ), brought suit against the cottage residents, claiming that the cottages did not qualify as
city of Waveland, Mississippi, on behalf of eight individuals who modular housing. After suit was filed, the city gave up on that
lost their homes to Hurricane Katrina. e eight had each argument but passed an ordinance imposing other restrictions.
received modular homes — known locally as “Mississippi e Kirkland/MCJ lawsuit challenged the city’s actions as
Cottages” — from the Mississippi Emergency Management arbitrary, capricious and violative of Mississippi statutory law, as
Agency (MEMA), the state counterpart to FEMA. MEMA well as the due process and equal protection guarantees of the
created a program through which residents could purchase their Mississippi and federal constitutions. Following hearings before a
cottages at a small price and remain in them permanently. local judge, city officials agreed to settle the case in favor of the
However, placement of the cottages first had to be approved by cottage residents.
their local government.
Preventing a Family’s Eviction
A Kirkland attorney represented a family residing in public At the hearing, the Kirkland attorney cross-examined the
housing before the New York City Housing Authority’s arresting officer and got him to admit he did not follow standard
(NYCHA) Review Board concerning the family’s eviction on testing procedures. e review board ruled that there was
grounds of “non-desirability.” NYCHA’s attempt to evict the insufficient evidence to support a finding of non-desirability, and
family was based on the client’s teenage son’s recent arrest for the family continues to reside in public housing.
possession of a trace amount of marijuana. e family, including
a widowed and disabled mother and her six children, was facing
relocation to possibly separate shelters.
17
46. [ “Our partnerships with legal
service organizations have
provided us with excellent
opportunities to help those in
need ... Not only do these
opportunities provide a
valuable public service, but
they are also personally
rewarding to all who
participate.”
— Alex Pilmer,
Kirkland Los Angeles
Litigation Partner & recipient of one
of Kirkland’s Pro Bono Partner
of the Year Awards 2009 ]
Civil & Human
Rights
18
47. Kings County Settlement
On January 8, 2010, the U.S. District Court for the Eastern news coverage, Kirkland obtained a preliminary injunction
District of New York entered a stipulation and order of requiring every patient to be checked every 15 minutes, that
settlement mandating the New York City Health & Hospitals there be no more than 25 patients at any time in the psychiatric
Corporation to undertake major systemic reforms to the emergency ward, and that detailed records of the ward be turned
inpatient and emergency psychiatric facilities at Kings County over every week to Kirkland and its co-counsel.
Hospital Center in Brooklyn.
Under the terms of the settlement and a contemporaneously
Kirkland, along with the New York Civil Liberties Union and ordered consent judgment between the Department of Justice
the Mental Hygiene Legal Service, filed suit against Kings and the city of New York, the hospital will be required to
County Hospital Center in May 2007 alleging patient abuse at develop and implement a wide series of reforms. Kirkland and its
the hospital’s psychiatric facilities. Shortly after the lawsuit was co-counsel will partner with the Department of Justice in closely
filed, the U.S. Department of Justice launched an independent monitoring the hospital for the next five years. A six-member
investigation of patient abuse. panel of outside experts will have full access to the hospital’s
buildings and facilities, and will report to the attorneys every
In June 2008, the matter received national attention when three months. e monitoring period can be extended if counsel
WNBC aired a surveillance tape showing a female patient dying determines that the hospital has not achieved sustained
in the waiting room of the hospital’s psychiatric emergency ward substantial compliance with the terms of the settlement
after being ignored by hospital staff. e story was picked up by documents.
major networks and the international news media. Following the
Fighting Against Wrongful Strip Search
Kirkland San Francisco attorneys represented the Lawyers’ e LCCR, through Kirkland, urged the court to affirm the
Committee for Civil Rights of the San Francisco Bay Area rights of non-admitted persons to be free from governmental
(LCCR) as an amicus curiae in a Ninth Circuit appeal involving strip-searches absent individualized suspicion. While Ms. Wong’s
Ms. Wong, an ordained minister from Hong Kong who was appeal was pending, the Ninth Circuit accepted en banc review
revoked re-admission to the United States after her immigration of its prior precedent on strip-search policies applicable to
status lapsed because of a trip to Hong Kong, to take care of incarcerated U.S. citizens and stayed Ms. Wong’s appeal
responsibilities arising from the death of her spiritual leader. pending the outcome of that case. After that opinion issued on
While in immigration custody in an Oregon county jail, Ms. February 9, 2010, Kirkland assisted Ms. Wong’s counsel in
Wong was repeatedly strip-searched pursuant to blanket strip- preparing her supplemental brief on the impact to her case.
search policies of the Clark County Jail.
19
48. Partnering with Asian Pacific American Legal Center
In January 2009, Kirkland and the Asian Pacific American Legal pursued the defendants, including seizing two cars they found,
Center (APALC) obtained a settlement on behalf of a Chinese by tracking one defendant’s MySpace page.
garment worker who worked at a sweatshop in El Monte,
California. In the underlying litigation, APALC won a judgment APALC presented Kirkland with its Pro Bono Impact Award at
of nearly $800,000 against the sweatshop, but the defendants the Center’s 26th Anniversary Dinner in October 2009. e
fled after transferring the factory and property to a third party. award recognized the Firm’s long-standing support of the
Kirkland filed a fraudulent transfer action in federal court and organization.
“is is a fantastic result. We could not have had better pro bono assistance. e Kirkland team was
thorough, creative and determined to see that justice was done. For our client, this was proof that
the legal system, while sometimes slow, works in the end. For APALC, this case is a model for what
pro bono attorneys can do.”
— Julie Su, Asian Pacific American Legal Center Litigation Director
Advocating for Disabled Individuals
On behalf of certain disabled individuals and the Equal Rights In the complaint, the ERC and the individual plaintiffs allege
Center (ERC), a Kirkland team initiated a lawsuit against the that the Filene’s Basement stores discriminate against people with
owners of Filene’s Basement stores alleging violations of the disabilities based on architectural and structural violations, as
Americans with Disability Act (ADA) and the D.C. Human well as its operating policies, practices and procedures that
Rights Act. impact the disabled community. e complaint seeks monetary
compensation, injunctive relief and compliance with the ADA.
20
49. Settlement Achieved for Equal Rights Center
Kirkland represented the Equal Rights Center (ERC) in complex September 14, 2009. Camden agreed to remediate 6,500 of its
litigation in federal court against property developers Camden residential units, pay $750,000 in damages and sponsor the
Property Trust and Camden Builders, Inc., whom they alleged ERC’s multifamily housing resource program for $50,000 a year
failed to comply with the accessibility requirements of the Fair for 10 years.
Housing Act and the Americans with Disabilities Act in more
than 120 apartment complexes across the country. In 2010, the Firm received an Outstanding Achievement Award
from the Washington Lawyers’ Committee for Civil Rights and
After Kirkland fended off Camden’s attempts to dismiss and Urban Affairs for its work on this matter.
delay the case, Camden’s counsel approached the ERC with a
settlement that was ultimately approved by the court on
Win for U.S. Postal Service Employee
In November 2009, several Kirkland attorneys secured a substantial discovery, Kirkland secured monetary compensation
favorable settlement in a dispute against the U.S. Postal Service and an offer for the client to return to work. e Postal Service
involving claims of employment discrimination. e former also agreed to erase from his employment record any mention of
postal worker had been litigating his discrimination claims for involuntary termination.
several years in the Northern District of California. After taking
Resolution of Discrimination Claim
Kirkland represented two African-American Washington, D.C. Kirkland immediately agreed to represent the two women,
women in a discrimination case. e individuals had gone to undertook a full investigation, obtained witness declarations and
shop at a local retail chain, but were told they would have to sent a demand letter to the retailer. After several months of
check their purses prior to entering the store, even though they negotiations, Kirkland was able to successfully resolve its clients’
saw several white women in the store shopping with even larger claims on confidential terms.
purses on their arms. When the women complained to store
management, they were refused service entirely and told to leave e Firm received an Outstanding Achievement Award in the
the store. field of Public Accommodations from the Washington Lawyers’
Committee for its work on the matter.
e women contacted the Washington Lawyers’ Committee for
Civil Rights and Urban Affairs, who in turn contacted Kirkland.
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50. [ “Teaching trial advocacy to
attorneys and police
prosecutors in Kenya with
Lawyers Without Borders
was one of the best
experiences I have had as a
lawyer. It gave me the
opportunity to explore and
discuss Kenya’s laws with
people who enforce those
laws, and I felt like I was
putting my advocacy skills
to good use.”
— Uma Amuluru,
Kirkland Chicago
Litigation Associate ]
Expanding
Internationally
22
51. Kirkland Associate Joins “Lawyers Without Borders”
A Kirkland associate was asked by Judge Ann Claire Williams of to Kenya’s Sexual Offences Act and educate Kenyan legal
the U.S. Court of Appeals for the Seventh Circuit to participate professionals through a trial advocacy program. e hypothetical
in “Support rough Trial Advocacy Training: Violence Against case taught in the program using the National Institute of Trial
Women,” sponsored by Lawyers Without Borders. e program, Advocacy case method was based on an actual case that dealt
which takes place in Kenya, was started by Judge Williams three with domestic violence and rape. e associate also discussed
years ago to address the problem of sexual- and gender-based Kenya’s legal system with other Kenyan attorneys and judges,
violence against women. including Kenya’s chief justice.
e associate participated as a faculty member alongside four
federal judges, several law professors and attorneys from other
firms who helped address the complexities and challenges related
Victory in Hague Convention Case at Ninth Circuit
In 2002, a custody dispute erupted between Ms. Brito and Mr. as such, custody proceedings should take place here. e district
Salmeron over their now 11-year-old daughter. Nearly six years court disagreed and ordered the daughter to return to Mexico for
after Brito moved with her daughter from Mexico to the United custody proceedings. Kirkland immediately appealed, and on
States, Salmeron filed a petition in California federal court March 18, 2009, a unanimous opinion in favor of Brito reversed
claiming that Brito had “wrongfully retained” their child in the the district court’s decision based on a case of first impression
United States. Armed with representation by a prominent law involving the Hague Convention on the Civil Aspects of
firm, the father sought an order to return the child to Mexico for International Child Abduction.
custody proceedings.
Kirkland agreed to represent Ms. Brito on a pro bono basis and
opposed Salmeron’s petition, arguing that although she was an
undocumented immigrant, the daughter was “now settled” and,
23
52. Partnership with MedicAlert Foundation
Kirkland’s London office is actively expanding its role in pro individuals. is service has proven life-saving for many people
bono work. e Firm’s work for e MedicAlert Foundation and in the UK and abroad.
Equity for Africa (see below) are just two examples.
Because of the nature of its activities, the foundation has
e MedicAlert Foundation, a UK-registered charity, is the only complex data privacy, IP and liability issues, as well as a vast
nonprofit organization that provides ID jewelry for individuals array of legal questions. e foundation has about 300,000
with hidden conditions, diseases or allergies. rough the group’s registered members in the UK, and the nature of its activities —
24/7 emergency helpline, emergency crews and doctors have and the liability they entail — means quick and correct legal
immediate access to the medical information on these advice is required.
“[A Kirkland partner’s experience] in the fields of trademarks, IP, data protection and data security
amongst many others has been of particular and extremely direct help and support to us due to the
nature of our work. e financial saving to us has been significant and directly affects our ability to
support those in need. Effectively, that cost saving helps us to save and protect more lives.”
— Jeanette Allen, CEO, MedicAlert
Equity for Africa
Kirkland’s London office provides advice in relation to pipeline for further growth. EFA has been making “transition
structuring and setting up a fund in conjunction with Equity for investments” of $2,000 to $75,000 in equipment to help very
Africa (EFA). Founded in 2003, the organization aims to reduce small businesses make the transition to the next stage. To
poverty by financing sustainable employment-intensive business continue fulfilling these objectives, EFA is setting up its first for-
growth in northern Tanzania. profit fund, in which Kirkland is involved.
EFA provides flexible financing at affordable rates, helping to
build the pool of sustainable employment and strengthening the
24
53. [ “[Kirkland & Ellis]
had the ability to take
the noun ‘change’ and
turn it into an action
verb.”
— Robert Burke,
Executive Director,
Ladder Up ]
Community &
Economic
Development
25
54. Grameen America
Kirkland provides extensive counsel on general corporate Grameen America is an offshoot of the Grameen Bank, headed
matters, as well as fund structuring and other advice relating to by Nobel Peace Prize winner Muhammad Yunus. Since 2007,
capital-raising and deployment to Grameen America. Grameen the organization has made more than 3,000 micro-loans to
America is a microfinance nonprofit organization that provides financially challenged entrepreneurs. In addition to providing
loans, savings programs, credit establishment and other financial legal advice on all aspects of Grameen America’s capital-raising
services to entrepreneurs living below the poverty line in the efforts, Kirkland attorneys also serve on the Advisory Board of
United States. Grameen America, as well as on its Capital and Financing
Subcommittee.
“e skills we use day to day in our commercial practice can be deployed in helping social
businesses meet their capital needs, which creates opportunities for our lawyers to have an impact
on their clients that can be profound. Our work in the microfinance area with Grameen America is
an example of this collaboration.”
— Stephen Tomlinson, Kirkland New York Real Estate Partner
Launching the First-Ever Legal Clinic in Southwest D.C.
In 2008, Kirkland’s Washington, D.C. office partnered with months that the clinic has been open, JCF has assisted more
Friendship Baptist Church in Southwest Washington to form a than 70 clients with a broad range of legal issues including civil
nonprofit organization called Jeremiah’s Circle of Friends (JCF). rights, housing, contracts, public benefits, family law,
rough a generous donation from the Kirkland & Ellis employment matters and discrimination claims.
Foundation, in January 2009, JCF opened the first and only pro
bono legal clinic in the Southwest D.C. — the only quadrant of More than 20 percent of the attorneys in Kirkland’s D.C. office
the city without neighborhood legal services. have already volunteered at the clinic or taken on one of the
clinic’s cases. By the end of 2010, it is expected that this project
Currently staffed and operated by Kirkland volunteer attorneys will be a signature aspect of the D.C. office’s pro bono program.
and legal assistants, the clinic provides free legal services to the
community’s most disadvantaged individuals. In the three
26
55. Nonprofit Fights Placement of Methadone Clinic
Kirkland represented e Heart of Camden, Inc. in an action Working with the Lawyers’ Committee for Civil Rights Under
brought in New Jersey Superior Court against the South Jersey Law, Kirkland attorneys requested a summary judgment to
Port Corporation (SJPC) and Parkside Recovery, Inc. seeking to address whether SJPC’s lease to Parkside was within the scope of
prevent SJPC from leasing property in the Port of Camden (the SJPC’s authority. In October 2009, Parkside’s counsel confirmed
Port) to Parkside for operation of a methadone clinic. Heart of that Parkside would not execute the lease with SJPC and had no
Camden is a nonprofit corporation devoted to redeveloping, plans to do so for the foreseeable future. e case has been
revitalizing and improving the quality of life in Camden, New dismissed without prejudice.
Jersey. e proposed site for the methadone clinic was next to
properties owned and developed by Heart of Camden.
Partnering with Ladder Up
During the 2009 tax season, 50 Kirkland lawyers provided pro Ladder Up is a nonprofit organization that provides free tax
bono tax counseling and tax preparation services to nearly 500 preparation and counseling services to low-income families. e
low-income families in the Chicago area in conjunction with typical Ladder Up client is a single parent trying to support a
Ladder Up. e attorneys returned more than three-quarters of a family on less than $15,000 a year.
million dollars to the families with whom they worked.
“is year, [the Firm] helped 468 families and returned $776,850 to the community. But, more
importantly, they made life a little better for our clients and their families. More than just the
numbers, you – Kirkland & Ellis – did what you do best. You advocated for those who do not
always have a voice, and you spoke volumes with your actions.”
— Robert Burke, Executive Director, Ladder Up
27
56. [ “Helping start-up and
existing charities become
tax-exempt and practice
good governance is a
professionally and
personally rewarding way
for corporate attorneys to
do their part to help
Kirkland realize its pro
bono objectives.”
— James Cosgrove,
Kirkland Washington, D.C.
]
Corporate Associate
Nonprofit
Organizations
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