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Arent Fox Attorney Terree Bowers Serves on Task Force to Help Strengthen Haitian Justice System


Arent Fox Honored by Washington Legal Clinic for the Homeless for Firm’s Pro Bono Work on Behalf of Veterans


Arent Fox Secures Hard-Fought Victory for Immigrant Facing Deportation


Five Additional Arent Fox Attorneys and Staff Receive Pro Bono Recognition


Arent Fox Recognizes Clients’ Community Service Efforts


Arent Fox Supports Southeast Washington DC Elementary School


Firm Continues Commitment to Legal Aid Society of the District of Columbia


In Short


Community Leadership


Pro Bono Hours Honor Roll

a community of service

ProBon Arent Fox llp smart in your world®

Issue No. ten Pro Bono Report 2011–2012

02 ARENT FOX ATTORNEY TERREE BOWERS SERVES ON TASK FORCE TO HELP STRENGTHEN HAITIAN JUSTICE SYSTEM Terree Bowers was one of nine lawyers who served on a task force sponsored by the America Bar Association’s Section of Litigation to help strengthen the Haitian justice system by teaching advocacy skills and international legal principles to counterparts in Haiti. The work of the task force culminated in a trial skills training program for 32 Haitian lawyers held in Port-au-Prince in August 2011. The three-day training offered a unique opportunity for lawyers to exchange information through sessions on advocacy, American and Canadian standards and procedure, international law, and the procedures of the international criminal courts. The Haitian lawyers, by comparison, must work within a judicial system founded on codes that have not been amended since they were written in the 1830s, which include such outmoded concepts as fines measured in piastres—a denomination that today has no value—and the inability to make use of biological, photographic, or audio/visual evidence in a Haitian court. Hilarie Bass, chair of the ABA Section of Litigation and leader of the task force, observed that “The Haitian lawyers, in describing their experiences and challenges, had as much to teach us as we had to teach them. Their strength and courage, their willingness to seek justice with little reward, their persistence in the face of adversity, and their willingness to continue under extremely difficult conditions for little pay all served to inspire us and to make us think.”

One attendee said, “We all agree that the way that the Haitian legal system functions is not good. It’s not enough to just take note of the fact; we must become involved.”

For example, the notion of a defendant’s right to remain silent, a pillar of the American justice system, is unknown in Haiti. Instead, the accused criminal is always the key witness for himself. Criminal defendants are interrogated by an investigating magistrate. During the interrogation their lawyers must remain silent, being permitted requests only after the interrogation. The defendant’s testimony becomes a primary document, along with the magistrate’s report, at trial.

Adam Korzekwa/iStockphoto (left); Niko Guido/iStockphoto

Port-au-Prince, Haiti

The Haitian lawyers expressed tremendous gratitude and appreciation for the interest and concern of their American counterparts and the opportunity to meet and share information with colleagues from all over Haiti. They described the challenge of defending the accused in a system where, despite a 1987 constitution enshrining protections such as speedy trials and the right to an attorney, prisoners are routinely detained for periods from months to years (there is no bail system) before their cases are heard. Many never see a lawyer, and those who do have no right to private encounters and must meet with their attorneys in tiny, squalid cells crowded with other inmates. While there was general agreement among the Haitians about the need for reform — especially of its extended preventive detentions, its prison conditions, and its antiquated codes — a debate erupted over the extent of the Haitian judiciary’s independence, with some asserting that there was independence because the law stipulates that no executive can change a judicial decision, and others saying that because the executive has command of the judiciary, judges’ decisions are constrained. “If judges feel they are well seated,” said an attendee, “they can make independent decisions.” He added that political winds can unseat a judge and that personal security of life, family, and assets are always at risk. Only the Supreme Court judges are protected from executive fiat.

Haiti has abolished the death penalty and is party to the American Convention on Human Rights, which stipulates that countries that have abolished the death penalty may not reinstate it. Attendees expressed perplexity, not so much over the fact that in the United States capital punishment is still practiced even as the world moves closer to its universal abolition, but rather over the fact that some states retain the death penalty while others had abolished it. The Haitian lawyers ended the last day’s session by eliciting promises that the attorneys would visit again. In the closing session, during which the American lawyers asked them how the American legal community could help the Haitian legal community, the Haitian lawyers asked for ABA pressure to try to bring about reform of Haiti’s pretrial detention system, and to push the government to build new, more humane prisons, which could provide a measure of privacy and dignity for the prisoners and detainees, and a place where the lawyers would be able to have private conversation with clients. One attendee responded, “I can assure you that I will be leaving here with a lot, especially with this motivation that was infused into us by one of the speakers . . . to organize ourselves as lawyers. We all agree that the way that the Haitian legal system functions is not good. It’s not enough to just take note of the fact; we must become involved. We must work to improve the system. When I get back to my jurisdiction I will speak of what I learned to other lawyers so that we can act and affect change on our system.”

rent Fox Honored by Washington Legal Clinic for the Homeless for Firm’s Pro Bono Work On Behalf of Veterans The Washington Legal Clinic for the Homeless honored Arent Fox for the firm’s work on behalf of military veterans with disabilities in the District of Columbia. At an event held October 20, 2011, the Legal Clinic presented Arent Fox with the “Outstanding Firm Award” for its participation and leadership in the Senior Attorney Initiative for Legal Services (SAILS) Project in connection with helping homeless and low-income veterans in Washington, DC.

• Assisting the Legal Aid Society of the District of Columbia with establishing and managing a veterans legal intake program at Veterans Medical Center in Washington, DC;

The SAILS Project, a joint initiative of the DC Bar Pro Bono Program, the DC Access to Justice Commission, and 11 participating law firms, was formally launched on October 20, 2010 to infuse much-needed resources into the public interest legal community by harnessing the vast experience of the many talented senior lawyers at Washington, DC, law firms, government agencies, and corporate legal departments. The SAILS Project is chaired by Arent Fox’s Chairman Emeritus, Marc Fleischaker.

• Representing HELP USA in connection with the development of a building at the Walter Reed Hospital Campus for transitional housing for veterans; and

At Arent Fox, the primary initiative of the SAILS Project is to assist veterans in need. Firm partner Bill Charyk — together with the Legal Aid Society of the District of Columbia and the Washington Legal Clinic for the Homeless — launched the Arent Fox veterans’ initiative in November 2010, recruiting attorneys throughout the firm to offer their services to help homeless and low-income veterans in a variety of ways. Left to right: Bill Charyk, Deanne Ottaviano, Marc Fleischaker

Since the launch of the veterans’ project, Arent Fox has taken on a number of pro bono matters designed to assist veterans in the Washington, DC, area, including:

• Training volunteer lawyers and providing representation in 10 veterans’ disability cases; • Training volunteer lawyers and providing representation for 24 elderly clients from the Legal Counsel for the Elderly wills and power of attorney project;

• Representing Central Union Mission in litigation related to the conversion of the Gales School near Union Station to a homeless shelter with a priority for veterans in need. In addition to the “Outstanding Law Firm” certificate, the Washington Legal Clinic for the Homeless presented to Arent Fox a military-themed painting by an artist residing at Miriam’s Kitchen, a Washington, DC-based organization dedicated to providing individualized services that address the causes and consequences of homelessness in an atmosphere of dignity and respect. The following Arent Fox attorneys and staff have contributed to the firm’s veterans initiative: Taniel Anderson, Jimeelah Berryman, Tim Bucknell, Aziz Burgy, Crystal Canterbury, Bill Charyk, Kathleen Chomski, Sam Cohen, Marc Fleischaker, Myles Getlan, Pat Granados, Mike Grow, Kwan Koehler, Terri Labounty, Meredith Larson, Stu Manela, Anseleme McLorren, Leah Montesano, Deanne Ottaviano, Ross Panko, Benjamin Sisko, Sushupta Sudarshan, Kathy Thompson, Alvin Thurman, Jackson Toof, and Rick Webber.

05 ARENT FOX SECURES HARD-FOUGHT VICTORY FOR IMMIGRANT FACING DEPORTATION Since 2007, DC bankruptcy associate Katie Lane has represented Luis Rendon, a Mexican national who has faced deportation since 1997. Katie was initially retained to represent Mr. Rendon at a single proceeding, but her hard-fought efforts landed her in front of the US Court of Appeals for the Ninth Circuit two additional times on appeal, as well as the Board of Immigration Appeals (BIA) and the US Department of Homeland Security. Katie’s skilled navigation of complicated and simultaneous legal proceedings in numerous forums resulted in a significant victory for Mr. Rendon, for whom Katie has secured permanent residency status. Mr. Rendon is a hard-working tradesman with a wife and four children, ages 4 to 13 years old. All of Mr. Rendon’s children are US citizens, as is Mr. Rendon’s elderly father. Mr. Rendon had been brought to the United States illegally as a teenager in 1987. Since then, he has been a law-abiding citizen, been gainfully employed, and has regularly paid his taxes. Mr. Rendon had available to him at least two potential avenues to avoid deportation and obtain permanent residency: either by his father’s sponsorship for permanent residency, or by grant of his employer’s long-pending application for an employment visa. Both alternatives were jeopardized by a 2006 BIA denial, erroneously sent to Mr. Rendon’s prior address despite Mr. Rendon having properly provided change of address notice to the BIA. Because Mr. Rendon did not receive notice of the BIA decision, he failed to file a timely appeal, necessitating the adjudication of a motion to reopen before Mr. Rendon could pursue another avenue to adjust his status. In addition, the government charged that, by failing to leave the United

States within the time period specified in the BIA order Mr. Rendon never received, Mr. Rendon had overstayed his visa and was no longer eligible to obtain permanent resident status. Worse yet, Mr. Rendon’s pending motion to reopen the proceedings to allow for an appeal did not toll the government’s right to enforce the deportation order. This was a true quagmire. Over the course of a year and a half, Katie skillfully argued two Ninth Circuit appeals, two motions to reopen BIA proceedings, and a petition to the US Customs and Immigration Service (CIS). Katie successfully terminated the removal proceedings in court just as an employment visa number became available from CIS. Katie’s work to link the BIA and CIS proceedings after obtaining her court success allowed Mr. Rendon to take advantage of the employment visa, become a permanent resident, and remain in the United States with his wife and four children. Katie’s hard-fought victory on behalf of Mr. Rendon was an enormous relief to Mr. Rendon’s family. In addition to her work for Mr. Rendon, Katie has been representing four additional immigration clients over the last two years, and she also serves as a member of the Legal Advisory Board of Capital Area Immigrants’ Rights Coalition. Katie has volunteered more than 500 pro bono hours on immigration matters since 2008. In recognition of her outstanding service to her immigrant clients and her extraordinary efforts on immigration issues, Arent Fox awarded Katie the Albert E. Arent Pro Bono Award for 2011.


FIVE ADDITIONAL ARENT FOX ATT AND STAFF RECEIVE PRO BONO RECO In addition to recognizing Katie Lane for her outstanding efforts on behalf of immigrants facing deportation, Arent Fox recognized several other attorneys and staff for their pro bono contributions. Marc L. Fleischaker Awards Los Angeles partner Robert O’Brien received the Marc L. Fleischaker award for his extraordinary efforts as the private sector co-chair for the US Department of State’s Public Private Partnership for Justice Reform in Afghanistan (PPP), a nonpartisan, public-private effort to assist the Afghan people in re-establishing the rule of law in Afghanistan through the combined efforts of the State Department and private law firms, law schools, and individuals in the United States. Since 2007, Robert has volunteered nearly 2,500 hours on the PPP project. Others at the firm, including Los Angeles associate Jennifer Terry, recorded an additional 300 hours to this project. Another Arent Fox partner, Hon. Stephen Larson, also generously contributed significant hours to the PPP while serving as a federal judge. Robert travelled to Afghanistan on numerous occasions to obtain a fuller understanding of the current Afghan judicial system. Under Robert’s leadership, the PPP conducted the following programs to promote the rule of law in Afghanistan: • three multi-week intensive training programs for Afghan judges, prosecutors, and defense attorneys in the United States (one of which was fully dedicated to Afghan women legal professionals); • an LLM Scholarship program for Afghan lawyers at law schools throughout the United States; • a significant fundraising program which obtained contributions through monetary and in-kind donations from law firms, law schools, and individuals; and

Robert C. O’Brien accepts Marc L. Fleischaker Award

Partner Jonathan Canis received the Marc L. Fleischaker Award for his significant efforts on behalf of the Oglala Sioux Tribe of South Dakota, whom Jonathan has represented since March 2010.

• a rule of law chair at a major legal institution in Kabul. In the upcoming year, Robert will transition out of his position in the PPP. For his exceptional public service over his term as co-chair of the Partnership, Arent Fox recognized Robert with the Marc L. Fleischaker Award.

Economic conditions on the Pine Ridge Reservation in South Dakota are dire, and tribal residents are completely dependent on cellular telephone technology for communications to, from, and within the

ORNEYS RECOGNITION reservation, given the lack of landline telephone service throughout much of the reservation. Against this backdrop, in 2009, the VerizonAllTel merger caused considerable problems for the Tribe—namely, a significantly lower level of telecommunications service. The Tribe required experienced counsel to navigate the FCC regulatory maze and preserve at least the level of cellular telephone service the Tribe had previously enjoyed. Jon Canis agreed to take, on a pro bono basis, what appeared to be a confined regulatory challenge that ultimately became two Tribal Court cases, two federal court cases, two Federal Communications Commission proceedings, an American Arbitration Association proceeding, and extensive negotiations with both Verizon and AT&T. In addition to Jon, nine lawyers and legal assistants worked on this matter, including Katherine Barker-Marshall, Jon Bouker, Adam Bowser, Marcia Durkin, Stephanie Joyce, Joe Rieser, and Sara Rosinus. In total, over 18 months, the firm contributed in excess of 1,000 timekeeper hours to this project, at a time value exceeding $300,000. Jon himself volunteered nearly 700 hours. At a Tribal Council meeting finalizing the settlement agreements in June 2011, the Council surprised Jon with a tribal ceremony in which Jon and Arent Fox were presented with a “Star Quilt,” one of the highest expressions of thanks bestowed by the Tribe. For Jon’s outstanding commitment to ensure equal access to justice to one of the nation’s poorest and most vulnerable populations, the firm recognized him with the Marc L. Fleischaker Pro Bono Award. Albert E. Arent Award New York associate Shawanna Johnson received the firm’s Albert E. Arent Award in recognition of her outstanding employment law work for the Harlem School for the Arts and for spearheading the firm’s New York Family Court Services project. Shawanna’s representation on behalf of the Harlem School for the Arts included counseling, court appearances, drafting, and responding to pleadings and discovery, and resulted in a favorable settlement. Shawanna’s excellent work on this matter has enabled the client to return its focus to its mission: to empower young people from underserved communities in Harlem and to teach discipline, stimulate creativity, and build self-confidence.

Left to right, top row: Marc Fleischaker, Wayne Matelski, Alvin Thurman. Bottom row: Deanne Ottaviano, Mark Katz, Jonathan Canis, Katie Lane, Terri LaBounty

In addition to her work for the Harlem School, for the past three years Shawanna has organized Arent Fox’s participation in the New York Family Court Services project, in which participants provide family court litigants in the Bronx, Brooklyn, and Manhattan with walk-in legal advice on issues relating to child support, paternity and custody, and orders of protection. Shawanna devotes one or two days per month to the Family Court Services Project, and has recruited additional Arent Fox volunteers. As a consequence of Shawanna’s leadership, New York State Access to Justice has recognized Arent Fox’s participation in the project. The firm also recognized Terri LaBounty and Alvin Thurman for their work in creating and supporting a legal intake center at the Veterans Medical Center in Washington, DC, in cooperation with the Legal Aid Society of the District of Columbia. Every other Wednesday, Alvin, Terri, or another firm paralegal operates the clinic with an Equal Justice Works AmeriCorps Fellow, interacting with the walk-in clients, maintaining a priority list for the Fellow, and providing legal referral advice when appropriate. Alvin and Terri handle scheduling to ensure coverage for the clinic, orient new paralegals on transportation and other volunteer issues, and attend to all other details required to make the project possible. According to Legal Aid, the project has been a wild success and has significantly expanded Legal Aid’s ability to serve members of the veteran community.

ARENT FOX RECOGNIZES CLIENTS’ COMMUNITY SERVICE EFFORTS Arent Fox’s Washington, DC, office presented its annual community service award to the Discovery Channel Global Education Partnership, the charitable arm of firm client Discovery Communications, at that office’s December 15th holiday party. The Partnership, an Arent Fox pro bono client for several years, has set up more than a dozen Learning Centers in underdeveloped countries in Africa, South America, and Eastern Europe, with more in development. The Partnership’s programs provide educational resources to teachers, often through the provision of televisions and television programming, to empower youth and improve education in these developing nations. For the past several years, nearly 25 Arent Fox partners, counsel, associates, and legal assistants have provided hundreds of hours of pro bono assistance to the Partnership, with projects ranging from: • Corporate: reviewing a wide range of contracts, including partnership agreements and contracts with local partners around the globe (Amal Dave, Dan Lopez, and Rachel Richardson); • International: interacting with local counsel and others in various countries, including Nigeria, South Africa, Morocco, Uganda, and Kenya (Pierre Prosper and others); • Foreign Corrupt Practices Act: providing advice and training (Kay Georgi); • Employment: advising on recruiting and hiring activities, as well as issues relating to employment and contractor staff (Kristine Dunne); • Intellectual Property: advising on social media on other intellectual property issues (Sarah Bruno, Tony Lupo, Halle Markus, and Matt Mills); and • Government Contracts: providing advice on compliance with federal contract requirements and credited as “Legal Advisor” in a recently released AIDS film project (Kevin Pinkney).

The Discovery Channel Global Education Partnership provides educational resources to teachers, often through the provision of televisions and television programming, to empower youth and improve education in developing nations. Firm partner Tony Lupo also has fostered the success of the Partnership directly through his role as a member of the organization’s Board of Directors. Arent Fox was pleased to be able to recognize the Partnership’s important work, and Arent Fox’s contribution to its ongoing success. Partnership executives on hand to receive the award were Aric Noboa, President; Tamela Noboa, Chief of Strategy; and Kathy Canzona, Vice President of Finance and Administration. On December 8, 2011, Arent Fox’s Los Angeles office honored Panda Cares, a community involvement program established by firm client Panda Restaurant Group, Inc., with an Arent Fox client community service award. The award recognized Panda Cares’ strong commitment to serving the health and education needs of underserved children through in-kind donations and charitable donations to nonprofit organizations, schools, and hospitals. On hand to receive the award from Arent Fox partner Harry Johnson were Monte Baier, General Counsel, and Glenn Inanaga, Executive Director - Legal, both of Panda Restaurant Group and Panda Express. Arent Fox’s community service award annually recognizes a billable or pro bono client in each firm office that (1) has performed outstanding community service work (whether legal or non-legal); and (2) with whom the firm has worked within the last year. In the best case scenario, the firm has assisted the client in meeting its charitable mission through the high quality legal support we have provided.

09 ARENT FOX SUPPORTS SOUTHEAST WASHINGTON DC ELEMENTARY SCHOOL Arent Fox hosted its Seventh Annual GeoPlunge Tournament, a geography tournament for fifth and sixth grade students in the Washington, DC, metropolitan area, at the Smithsonian’s National Portrait Gallery on November 10, 2011, during National Geography Week. Nearly 300 students from 45 area schools participated in the all-day event in which students compete in GeoPlunge, a card game developed by Arent Fox partner Alan Fishel that teaches students about United States geography. The Tournament was made possible by the following Arent Fox attorneys and staff: Claudia Bass, Adam Bowser, Joe Bowser, Tiffany Brooks, Crystal Canterbury, Edilma Carr, David Carter, Debbie Crouse, Andrea Davison, Kristine Dunne, Alan Fishel, Laure Hadas-Lebel, Missy Hudzik, Katie Heilman, Emily Johnston, Rachelle Llontop, Jason Madden, Elisabeth Maddrell, Katherine Marshall, Ann McLorren, Monica Phillips, Tony Peluso, Valentin Povarchuk, Eva Pulliam, Amy Salomon, Loni Sherwin, Alexandra SheedyRodriguez, Eli Sheets, Jim Shipe, Benjamin Sisko, Corey Smith, Sushupta Sudarshan, Christine Thach, Alvin Thurman, Stephanie Trunk, Doris Wallace, Rachel Witriol, and Matt Wright. Arent Fox plans to host its annual debate program for Randle Highlands elementary students in the spring of 2012.

Participants in the GeoPlunge Tournament

FIRM CONTINUES COMMITMENT TO LEGAL AID SOCIETY OF THE DISTRiCT OF COLUMBIA Volunteer Arent Fox attorneys staff intake at the Legal Aid Society of the District of Columbia on Mondays and Thursdays to allow Legal Aid attorneys to focus their efforts on their active caseloads. Arent Fox’s volunteers conduct interviews, gather relevant information from potential clients, and prepare a summary report to assist Legal Aid with determining which cases it will take. Training for the intake program takes place annually and is conducted by attorneys from Legal Aid with the assistance of Arent Fox’s Karen Carr, coordinator of the program, Randy Brater, and Deanne Ottaviano. Approximately 20 associates, counsel, and partners at Arent Fox are trained to conduct intake at Legal Aid. They are: Alison Andersen, Randy Brater, Tim Bucknell, Karen Carr, Ralph Brabham, Tiffany Brooks, Amal Dave, Jennifer Donohue, Edna Garrett, Joanna Giasafakis, Pam Kopp, Leah Montesano, Tarik Nabi, Nancy Noonan, Kelli Scheid, Brian Schneider, Amy Schoenhard, Jim Shipe, Sushupta Sudarshan, and Matt Wright. Arent Fox hosted an intake training for new Arent Fox volunteer attorneys February 7th and 8th.

10 Arent Fox has been representing Milton James, a songwriter who co-wrote the beat track for a top grossing rap hit (“Bottoms Up” featuring Kane Beatz, Nicki Minaj, and Trey Songz) released by Atlantic Records, but had not been receiving royalties and was experiencing significant economic hardship. Mr. James was sued by an independent recording company with which he was previously affiliated for copyright infringement, claiming Mr. James was under contract with the company at the time he helped write “Bottoms Up,” and was therefore entitled to proceeds from the song. Firm attorneys Ross Charap, Pam Deese, Eric Roman, and Matt Thorne secured royalties for Mr. James for “Bottoms Up” and continue to vigorously defend Mr. James in the litigation. Working on a project sponsored by the DC Bar Community and Economic Development Program, a team of attorneys led by Jeff Jordan and including Katherine BarkerMarshall, Crystal Canterbury, David Carter, Edna Garrett, Ike Morinaga, Deanne Ottaviano, Rachel Richardson, and Jim Shipe has advised numerous DC nonprofit organizations regarding deficiencies in and modifications necessary to their bylaws and articles of incorporation as a result of Washington, DC’s, new nonprofit corporation code that became effective January 1, 2012. Maidie Oliveau, with assistance from Carla Feldman and Rachel Richardson, provided the 2015 Special Olympics World Summer Games Organizational Committee with assistance in a variety of matters including corporate documents and bylaws, tax filings, licensing, and employment work.

Tope Yusuf provided representation to Ahmed Sharif, a New York City taxi driver who was the subject of a brutal attack in August 2010. Tope assisted Mr. Sharif with securing workers’ compensation and reinstatement of his taxi license, and with various other issues, including donation collection, interfacing with the New York City Taxi Workers Alliance, and various government entities. A number of Arent Fox attorneys represented individuals in pro bono immigration matters overseen by Nancy Noonan. Among these are Aaron Brand and Matt Thorne, who assisted with a Cancellation of Removal action; Alison Andersen and Sushupta Sudarshan, who assisted with an asylum applicant; Kimberly Gold, who assisted with an opposition to deportation proceedings; Katie Lane, who represented a Senegalese immigrant in connection with her asylum petition, and Valentin Povarchuk and Nataliya Slyepicheva, who assisted a Tajikstani journalist in his successful bid for asylum. Associate Jason Moore assisted in preparing and filing an amicus brief with US Court of Appeals for the Ninth Circuit on behalf of the Association of Gospel Rescue Missions, a nonprofit association of homeless shelters, in support of one of its members, the Boise Rescue Mission. The Boise Rescue Mission had been sued under the Fair Housing Act for allegedly discriminating against Mormons in its provision of homeless shelter and addiction recovery services. In late 2011, the Ninth Circuit ruled in the matter and affirmed the Boise Rescue Mission’s constitutional right to determine its own religious purpose in how it serves the poor. The case is Intermountain Fair Housing, et al. v. Boise Rescue Mission, No. 10-35519 (9th Cir.). Rachel Richardson advised and Education for All on their respective IRS tax exemption applications.

Arent Fox attorneys Eric Biderman and James Westerlind represented a pro bono client in a paternity proceeding commenced pro se by the mother in Bronx Family Court against the father of the client’s 13-year-old daughter, seeking establishment of paternity and child support. Since that time, Eric’s and James’ representation expanded to defending the mother in a protective order case initiated by the father to coerce voluntary dismissal of the paternity suit, and an action for protective order against the father initiated by the mother. James and Eric successfully obtained a court order requiring the father to submit to a paternity test, dismissal of the protective order suit against the mother, and an extension of the temporary order of protection against the father. The matter is set for trial in January 2012. Eric and James are assisted by legal assistants Stephanie Morano and Desiree Morris. Susan Kleiman assisted the Carlos Rosario International Pubic Charter School with its Section 403(b) retirement plans, including compliance, education on new legal requirements, revision of plan documents, and implementation of changes in operation and administration of the plans. The School’s mission is to provide education that prepares the diverse adult immigrant population of Washington, DC, to become invested, productive citizens and members of American society who give back to family and community. Jeff Lord and Alec Rosenberg represent Cedric Howard, a convicted murderer on death row in Louisiana. Alec and Jeff are working with outside investigators in factgathering efforts in preparation for filing a petition for post-conviction review.

A number of Arent Fox attorneys assisted Catholic Charities/Hogar Hispano with its Naturalization workshop. Participating attorneys included Crystal Canterbury, Amal Dave, Yelee Kim, Ike Morinaga, and Sushupta Sudarshan. In conjunction with AARP Litigation Foundation and University Legal Services, an Arent Fox litigation team filed a class action disability rights suit in the US District Court for the District of Columbia to require the District of Columbia to comply with its legal duty to provide services to disabled individuals in the community rather than in institutional settings. The lawsuit alleges that as many as 3,000 city residents with disabilities are institutionalized in nursing homes despite the ability to live independently if provided information about and access to home- and community-based services. The lawsuit seeks to order the city to provide these services and inform residents of their rights and choices. The case is Day v. District of Columbia. The team consists of Alison Anderson, Alayne O’Neill, Brian Schneider, and Barbara Wahl. Animal Rescue and Conservation, an Australian nonprofit looking to expand worldwide, engaged Jim Davis to provide intellectual property advice. Jim coordinated with Australia counsel and filed a US trademark application on behalf of the client. Andrea Davison represented Astor Place tenants in connection with distributions owed to the low-income tenants out of a bankruptcy estate. Patrick Quigley and Rick Webber defended Carmen Titong-Bonewell in a case before the US Court of Federal Claims to determine whether a deceased serviceman’s ex-wife is entitled to receive the deceased’s military retirement pay, which is now being paid to Ms. Titong-Bonewell.

The Center for Women Policy Studies engaged Elizabeth Cohen to provide trademark advice and renew its marks. Tim Brown and Jason Moore defended firm client the Central Union Mission in a suit filed by the American Civil Liberties Union on First Amendment grounds to prevent a planned property swap between the Central Union Mission and the District of Columbia. Although the original transaction was scrapped, the matter remains pending while a substitute transaction is finalized. Brothers Adam Bowser and Joseph Bowser teamed up to resolve City Gate, Inc.’s dispute with Yes, Inc. and the District of Columbia Office of State Secretary of Education (OSSE) relating to their failure to pay City Gate in connection with the services it provided under certain 21st Century Learning grants that OSSE awarded to YES in 2009. The case is proceeding to administrative appeal at DC’s Office of Administrative Hearings. Adam Bowser worked on behalf of the Oglala Sioux by researching green energy project grants available from the US Department of Energy and coordinating with an outside consultant who was previously the special assistant to Energy Department’s assistant director for green energy grants. The Jewish Social Services Agency (JSSA) asked for Arent Fox’s advice related to its handling of patient information, the adoption of policies and procedures to ensure compliance with state and federal privacy laws, and guidance on legal risk and appropriate corrective action in the event JSSA’s HIPAA and privacy policies may are breached. JSSA also looked to Arent Fox for assistance on benefits, litigation, and contract matters. Contributing to the efforts were Sarah Bruno, Sam Cohen, Carol Connor Cohen, David Greenberg, and Susan Kleiman.

Several firm attorneys loaned their expertise to local clinics through the Community Economic Development Program, including Andrea Davison (DC Bar Pro Bono Bankruptcy Clinic) and Ike Morinaga (DC Small Business Clinic). The firm contributed to the DC Bar in several capacities, including through the work of Bill Charyk and Susan Kleiman as the DC Bar’s outside ERISA counsel and Marc Fleischaker’s and Kathy Thompson’s work in connection with the DC Bar Foundation’s loan repayment assistance program for lawyers who take low-paying jobs with legal service providers. Jon Bouker and Aaron Brand, with the assistance of Tim Bucknell, wrote a memo for pro bono clients DC Vote and DC Appleseed explaining how Washington, DC, can amend its Charter through a referendum to give itself more control over its local budget. Top officials in the Washington, DC, government, including Mayor Vincent Gray, Council Chairman Kwame Brown, and Delegate Eleanor Holmes Norton, have expressed significant interest in the idea. Several firm attorneys have supported DC Appleseed’s work. Particularly notable efforts include Sam Cohen’s work to advance DC voting rights and the work by a team of people, including Aaron Brand and Leah Montesano, to investigate and write an in-depth report for DC Council Chairman Kwame Brown relating to the effectiveness of the Auditor of the District of Columbia. The firm continues to represent John Booth-El, a death penalty inmate in Maryland, in his post-conviction appeal efforts. Kathleen Chomski, Joanne Hawana, Deanne Ottaviano, Rita Salamone, and Carmen Zollman are handling the case.

Jonathan Phillips assisted Debbie Takikawa and Carrie Conte, co-authors of a book on infant development and childcare intended for use by various nonprofit organizations, in negotiating for the return of all publishing rights from a publisher who repeatedly missed publishing deadlines, performed extremely poor work (editing, design, etc.), and was unable to publish the book. Arent Fox’s Los Angeles office collaborates with The Alliance for Children’s Rights Foster Children’s Adoption Program by working with the Los Angeles Children’s Court, the Department of Children and Family Services, and minors’ attorneys to remove barriers to adoption in individual cases. Arent Fox attorneys represent prospective adoptive parents in finalizing their foster child adoption by completing their adoption finalization documents and representing them at the adoption finalization hearing. Melanie Joo, Christian Scali, and Mike Turrill handled cases in 2011, and several other attorneys have participated in the training to enable them to take cases in 2012. In addition, the LA office raised more than $1,000 to support the program through participation in the Go Casual for Justice fundraiser. Firm attorneys continued their support for the Jewish Council for the Aging in connection with a transfer of assets from Interages, another nonprofit, and a joint venture with a Virginia nonprofit. In addition, Arent Fox negotiated the construction documents for JCA’s build-out of the first floor of its headquarters building and assisted in other contract, leasing, and sponsorship matters. The JCA team includes Karen Ancharski, Ken Jacob, and Priya Ramamurthy.

12 Credit Do sought the assistance of Ross Charap, Matt Finkelstein, and Jeff Leung regarding general copyright and intellectual property issues.

Alexandrea Barney, Lindsay Brinton, and Meghan Largent took on several domestic violence matters through Legal Advocates for Abused Women. They have successfully argued for orders of protection in each case.

A team of Arent Fox attorneys provided will and power of attorney advice to several elderly clients as part of a program sponsored by Legal Counsel for the Elderly. Demetria Buncum, Tim Bucknell, Bill Charyk, Amal Dave, Mary Jo Dowd, Josh Fowkes, Edna Garrett, Mike Grow, Nancy Heermans, Pamela Kopp, Ike Morinaga, David Noonan, Valentin Povarchuk, Amy Schoenhard, Sushupta Sudarshan, and Kathy Thompson participated in the program.

Asari Aniagolu and Tope Yusuf coordinated a multiday intern program in the New York office through Legal Outreach, which involved legal writing and a mock mediation. The project was supervised by Dennis Henderson. Kimberly Gold, and Jennifer Koehler also served as mentors to Legal Outreach participants.

Amal Dave and Tim Bucknell, with support from Pam Deese, revised the Lewinsville Retirement Residences resident handbook, leasing plan, and tenant selection plan.

Stanley Stringfellow provided employment law advice to the Los Angeles City College Foundation. Stanley was supervised by Harry Johnson.

Helping Haitian Angels asked Sarah Bruno and Matt Mills to assist in the development of their website and web content, as well as for general trademark advice.

Katrin Lewertoff assisted Metropolitan Waterfront and NESC in connection with obtaining and maintaining their respective trademarks.

David Greenberg worked to expedite the immigration process for Ritchelle Alfred, a Haitian national looking to be reunited with her family in the United States after her house was destroyed by the 2010 earthquake.

Wib Chesser, Jay Halpern, Mike Stevens, and Alvin Thurman helped My Sister’s Circle with its expansion efforts outside of Baltimore and in intellectual property matters.

Nation’s Capital Child and Family Development sought the advice of Carol Connor Cohen and Susan Kleiman related to retirement plan matters.

Shawanna Johnson led an Arent Fox team that includes Kimberly Gold and others in connection with the New York Family Court Services Project, which provides free family court advice on child support, paternity, custody, orders of protection, and other matters, in Brooklyn, the Bronx, and Manhattan. Shawanna was awarded the New York City Family Court Volunteer Attorney Pro Bono Service Award for her work on the Project.

Ross Panko delivered a “Copyright in the Classroom” seminar to teachers in the North Carolina Association of Independent Schools that focused on the fair use doctrine.

Taniel Anderson, Jonathon Kopy, and Ralph Taylor represented a tenant in a housing dispute in which the landlord sought to terminate the lease and evict the tenant based on her child’s alleged criminal activities.

Samaritan Inns, a residential treatment facility for homeless substance abusers, sought the advice of Melissa Hudzik and Meredith Larson in connection with its application to DC’s Medicaid program. Mike Anderson supervised the matter.

Smithsonian National Zoological Park asked Sarah Bruno and Tony Lupo for advice on an advertising matter.

Asari Aniagolu advised a client through the Hague Service Convention program in connection with an uncontested divorce.

Kimberly Gold worked on the dissolution and transfer of assets of The Headwater Initiative Corp.

Erin Muellenberg, through her membership in the American Legion Auxiliary, assisted with collecting and preparing for shipment goods and monetary donations for troops serving in active military zones, with the hope of lifting the spirits of those serving abroad.

Arent Fox adopted 100 angels as part of the Salvation Army’s 2011 Angel Tree Program. In addition to the gifts donated for each Angel, firm attorneys and staff donated more than $1,600. Delores Butler spearheaded the program.

On December 20, 2011, Arent Fox hosted a dinner for 150 wounded troops at Walter Reed National Medical Center in Bethesda, Maryland (formerly Bethesda Naval Hospital) who were unable to travel home for the holidays. Items donated by Arent Fox attorneys and staff were gifted to the troops at the dinner. In addition to the donated items, the firm raised nearly $500, which was used to purchase needed items for wounded troops and their families. Kristine Dunne coordinated the event.

Sarah Bruno advised Saving Orphans through Health Care and Outreach on various intellectual property matters.

The firm’s Los Angeles Office, as part of its Los Angeles Arent Fox Takes Action initiative, adopted three homeless families (24 individuals) over the holidays and provided them with bedding, toiletries, kitchen items, and blankets. Iris Fletcher ran the initiative.

The firm’s Go Casual for Justice fundraiser in DC allowed attorneys and staff to wear jeans on Wednesday October 26, 2011, in exchange for a donation to the DC Bar Foundation. The effort garnered more than $7,800, far exceeding the 2010 results for the same event and the 2011 results of the other participating DC firms.

Firm associates, with matching contributions from partners and the firm, raised almost $21,000—the second highest result in firm history— in support of Legal Aid Society of the District of Columbia’s Generous Associates Campaign. Citywide campaign receipts were a record $785,000. Karen Carr and Kelli Scheid ran the Arent Fox campaign and also served as coordinators of the citywide campaign.

community leadership Name


Director Director Director Vice Chair Commissioner Chairman of the Board Director Commissioner Director Lowell Brown Director Hunter Carter Director and Corporate Secretary Wib Chesser Director Amy Demske Director and Officer Amy Donnelly Director Kristine Dunne Director Director Lisa Estrada Director Bob Falb Trustee Director Alan Fishel Director Marc Fleischaker Director Director Director, Audit Committee Chair, and Executive Committee Member Director Chairman of the Board Director Chairman Director Jamie Frankel Director Director Craig Gelfound Director Missy Hudzik Director and Secretary Jay Hulme Director and Executive Committee Member Aaron Jacoby Director Jeff Jordan Director Steve Kahn Director General Counsel Mette Kurth Director Katie Lane Member Tony Lupo Director Director Director Stewart Manela Director Ellen McCarthy Director and Chair of External Affairs Committee Kenneth Murphy Director Richard Nettler Director Director Richard Newman Trustee Director Christopher Norton Director Debra Albin-Riley Michael Blass Jon Bouker

Organization Library Foundation of Los Angeles National Executive Service Corps Center for Health and Gender Equality DC Appleseed DC Access to Justice Commission DC Vote ACCESS Youth District of Columbia Federal Law Enforcement Nominating Commission University of the District of Columbia David A. Clark School of Law Venice Family Clinic Foundation Caring for Colombia Center for Children’s Law and Policy Junior State Foundation Starlight Children’s Foundation Mid-Atlantic National Maritime Heritage Foundation The John Carroll Society Street Sense Shakespeare Theatre Company Institute for Social and Economic Development Solutions Learning Plunge, Inc. Appleseed Foundation Lawyers’ Committee for Civil Rights Under Law Council for Court Excellence Washington Lawyers Committee for Civil Rights and Urban Affairs National Health Law Program DC Bar Foundation Senior Attorney Initiative for Legal Services (SAILS) Hawaii Appleseed Salvadori Center Samuel Waxman Cancer Research Foundation The Conrad Foundation Learning Plunge, Inc. Council for Court Excellence Western Center on Law and Poverty Secret Passage Therapeutic Riding Center National Kidney Foundation of the National Capital Area The Wolf Trap Foundation for the Performing Arts 4 Girls G Local Leadership Capital Area Immigrants’ Rights Coalition Legal Advisory Board Discovery Channel Global Education Fund Smithsonian National Zoo Wooly Mammoth Theater District of Columbia Jewish Community Center Cultural Tourism DC Catholic Charities of Los Angeles Preservation Action Council for Court Excellence Arena Stage AIA Legacy Foundation Center for Children’s Law and Policy

14 community leadership (continued) Name



Robert O’Brien

Executive Committee Member

United States Department of State Public-Private Partnership for Justice Reform in Afghanistan Friends of the Public-Private Partnership for Justice Reform in Afghanistan The Conrad Foundation California State Parks Foundation Legal Aid Society of the District of Columbia US Holocaust Memorial Council Gen Next Foundation Project Concern International Hospice & Palliative Care Association of New York Hospice Care Network Older Adults Technology Services Learning Plunge, Inc.


Maidie Oliveau Deanne Ottaviano Pierre Prosper

Connie Raffa Jill Steinberg Matt Wright

Advisory Board Member Trustee Trustee Director Director Director Director Ethics Committee Member Director Director

Pro bono Hours Honor Roll 250+ Hours

150 to 249 Hours

50 to 149 Hours

Alison Andersen Aaron Brand Bill Charyk Kristine Dunne Bob Falb Marc Fleischaker Robert O’Brien Deanne Ottaviano Pierre Prosper Matt Thorne

Taniel Anderson Eric Biderman Joe Bowser Jon Canis Crystal Canterbury Susan Kleiman Katie Lane Bernice Leber Ike Morinaga Connie Raffa Eric Roman Brian Schneider Barbara Wahl

Debra Albin-Riley Jennifer Allen Karen Ancharski Ronni Arnold Jennifer Bougher Jon Bouker Adam Bowser Timothy Bucknell Aziz Burgy Karen Carr David Carter Ross Charap Andrea Davison Pam Deese Paul Fakler Alan Fishel Edna Garrett Patricia Granados Steven Haskins Melissa Hudzik Jay Hulme Ken Jacob Shawanna Johnson Meghan Largent Meredith Larson

Gerard Leval Stewart Manela Katherine Barker-Marshall David Modzeleski Leah Montesano Tarik Nabi Nancy Noonan Maidie Oliveau Jonathan Phillips Valentin Povarchuk Eva Pulliam Patrick Quigley Rachel Richardson Alec Rosenberg David Salkeld Kelli Scheid Sushupta Sudarshan Ralph Taylor Jennifer Terry Jackson Toof Heike Vogel James Westerlind Ria Williams Rachel Witriol Tope Yusuf

About Arent Fox Arent Fox LLP (, with offices in Washington, DC, New York, and Los Angeles, is a recognized leader in areas including intellectual property, real estate, telecommunications, health care, automotive, sports, white collar, international trade, government contracts, bankruptcy, and complex litigation. With more than 350 lawyers nationwide, Arent Fox has extensive experience in corporate securities, financial restructuring, government relations, labor and employment, finance, tax, corporate compliance, and the global business market. The firm represents Fortune 500 companies, government agencies, trade associations, foreign governments, and other entities.

Arent Fox Pro Bono Committee

1050 Connecticut Avenue, NW Washington, DC 20036 T  202.857.6000 F 202.857.6395 1675 Broadway New York, NY 10019 T  212.484.3900  F  212.484.3990 555 West Fifth Street, 48th Floor Los Angeles, CA 90013 T  213.629.7400  F  213.629.7401

Deanne Ottaviano Partner (Chair) Jon S. Bouker Partner Wayne H. Matelski Partner Nancy A. Noonan Partner Michael L. Turrill Partner Kristine J. Dunne Counsel Dennis J. Henderson Counsel Jennifer L. Bougher Associate Karen Ellis Carr Associate Jennifer Fischer Associate David S. Modzeleski Associate Kelli A. Scheid Associate Jennifer C. Terry Associate Steven Harras Communications Manager Christine Thach Business Development Coordinator

Arent Fox 2011-2012 Pro Bono Report  

Our commitment to work in the public interest dates from Arent Fox’s founding in 1942. The partners believed that community service and pro...