Tabatha Hottes Portfolio


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Tabatha Hottes Portfolio

  1. 1. ACCOLADESIn surveys conducted by various publications and organizations, our clients consistentlyrecognize Kirkland & Ellis LLP as one of the top law firms in the world. Kirkland isproud 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 acrossAmerica ranked Kirkland as one of the top 10 firms to represent their companies onnational 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 orfinalist 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 outKirkland’s Restructuring, Intellectual Property and Private Funds practices for its Awardfor Excellence in 2008, 2009 and 2010, respectively.In recognition of the Firm’s superior service across practice areas, Kirkland was selectedas the “International Law Firm of the Year” by The Lawyer magazine at its annualawards ceremony in London in June 2007. In May 2010, The Lawyer also namedKirkland one of the “Sweet Sixteen” law firms in its supplement, “The TransatlanticElite,” for the third year in a row. KIRKLAND & ELLIS LLP
  2. 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 biennialafraid 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 objectivein 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 ofDispute Resolution Dispute Resolution in Chambers UK, A Clients Guide to the UK Legal Profession 2010.Listed by Fortune 100 For its 2009 survey, “Who Represents Corporate America,” The National Law Journalcompanies as a go-to named Kirkland as one of the go-to litigation law firms for America’s biggestlitigation 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. 3. INTELLECTUAL PROPERTY “e firm to choose for the biggest cases.” Chambers USA, America’s Leading Lawyers for Business 2010First-tier ranking in IP for five In Chambers USA, America’s Leading Lawyers for Business 2010, Kirkland received aconsecutive 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 theof 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 objectivehigh-stakes litigation and list of legal talent available at the highest level of international practice. In Chamberstrial 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 Managingcontentious patent and ITC Intellectual Property magazine survey of leading patent firms. Kirkland also ranked in thework first tier for ITC work.First-place ranking in IP IP Law & Business’ survey, “Who Protects Innovation in America 2009,” ranked lawLitigation 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 forLitigation 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. 4. CORPORATE “The breadth and quality of Kirkland’s team are unsurpassed.” Chambers USA, America’s Leading Lawyers for Business 2010Law 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 ExcellenceInvestment 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 itsequity 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 tobuyouts 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” lawamong “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. 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 2010First-tier global and national On an annual basis, Chambers & Partners conducts extensive research and thoroughranking in restructuring and data analysis in compiling its objective list of talent available at the highest level ofinsolvency 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 foron a national and international Business, Kirkland’s Restructuring Group was ranked in the first tier among law firms forplatform” 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 leadingin 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 firmsrestructuring 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 ExcellenceExcellence 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&Aof the Year” Network’s award for Restructuring Law Firm of the Year at the Turnaround Atlas Awards in June 2010.
  6. 6. LOcAtiOns wORLdwideChicago Hong Kong London Los AngelesKirkland & Ellis LLP Kirkland & Ellis International LLP Kirkland & Ellis International LLP Kirkland & Ellis LLP300 North LaSalle 26th Floor, Gloucester Tower 30 St Mary Axe 333 South Hope StreetChicago, IL 60654 The Landmark London EC3A 8AF Los Angeles, CA 90071United 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 faxMunich New York Palo Alto San FranciscoKirkland & Ellis International LLP Kirkland & Ellis LLP Kirkland & Ellis LLP Kirkland & Ellis LLPMaximilianstrasse 11 601 Lexington Avenue 950 Page Mill Road 555 California Street80539 Munich New York, NY 10022 Palo Alto, CA 94304 San Francisco, CA 94104Germany 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 5182711th Floor, HSBC Building Kirkland & Ellis LLP Palo Alto, CA 94303Shanghai IFC 655 Fifteenth Street, N.W. United States8 Century Avenue Washington, D.C. 20005-5793Pudong New District United StatesShanghai 200120 +1 (202) 879-5000P.R. China +1 (202) 879-5200 fax+8621 3857 6300+8621 3857 6301
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  9. 9. About the Kirkland & Ellis FoundationFounded in 1982, the Foundation was created for the purpose of providing financial support tocharitable and law-related organizations that serve a wide range of initiatives and people incommunities nationwide and abroad. Annual contributions from Kirkland partners fund theFoundation. Employees, associates and partners of the Firm can also have charitable contributionsmatched through the Foundation’s Employee Matching Program. This fund-matching programmaximizes the impact of employee giving to projects that are important to both employees andthe 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 legalservices. Additional funds are donated to organizations committed to enhancing the quality of lifethrough improved community services, green initiatives, cultural awareness, youth programs,educational programs, healthcare initiatives and diversity sensitivity. This booklet offers an insidelook into the Foundation and the wide variety of initiatives to which we offered financial support in2007. We consider it an honor to partner with these and other organizations. 1
  10. 10. 2 Kirkland & Ellis LLP • Legal
  11. 11. LEGALensuring that justice under the law is available to allAppleseedWith public interest justice centers throughout the United States and Mexico, Appleseed worksthrough research and legal and legislative reform to help guarantee democracy and a life ofopportunity 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, immigrantrights and financial access. Kirkland is proud to offer financial backing to Appleseed in support ofits mission to promote justice across social and geographical boundaries.The Sedona ConferenceThe Sedona Conference allows lawyers, jurists, academics and experts at the forefront of new legalissues to converge and share ideas to advance the law in a just and reasoned way. With a focus onantitrust law, complex litigation and intellectual property rights, this educational institute allows legalminds to debate in working groups to produce novel ideas benefiting the bench, bar and generalpublic. Kirkland participates in the Conference through attendance and financial support, and helpsensure the continued exchange of ideas to advance just laws.CARPLSCARPLS, or Coordinated Advice and Referral Program for Legal Services, provides immediate legalservices to low-income residents of Chicago and Cook County, Illinois. In addition to traditionallegal representation, CARPLS employs telephone hotlines and advice desks to quickly assess civillegal problems. This “legal triage” system has served as a model for legal aid services across theUnited States. CARPLS has provided basic legal solutions to more than 260,000 disadvantagedindividuals since it was established in 1993.Equal Justice AmericaAccording to the American Bar Association, 80 percent of the legal needs of the poor are not beingmet. Equal Justice America seeks to lower this statistic by recruiting law students to work withorganizations that provide civil legal services to the country’s disadvantaged. The benefits to EqualJustice America’s mission are twofold: underprivileged citizens receive pro bono assistance as theywork through the civil justice system and future lawyers gain valuable experience as they work onreal cases. Financial contributions enable Equal Justice America to fund fellowships for students atnearly 50 law schools. Kirkland & Ellis LLP • Legal 3
  12. 12. 4 Kirkland & Ellis LLP • Community
  13. 13. COMMUNITYsupporting communities through grassroots efforts and nationwide campaignsRebuilding Together San FranciscoKirkland proudly supports Rebuilding Together San Francisco (RTSF) in its mission to provide freehome repair and renovation programs for elderly, low-income and disabled San Franciscans andcharity facilities. Formerly known as Christmas in April, RTSF has mobilized nearly 50,000volunteers to renovate more than 1,000 homes and 250 community facilities since its founding in1989. In addition to renovations, RTSF uses financial donations to beautify schools, installresidential smoke alarms, and upgrade plumbing and electrical systems.Coalition for the HomelessThe Coalition for the Homeless provides integral services to more than 3,500 New Yorkers everyday. The Coalition believes that sufficient food, affordable housing and the opportunity foremployment are fundamental rights for all Americans. Funds from financial supporters like Kirklandadvance the Coalition’s mission through litigation, public education and direct services. Programsinclude a mobile soup kitchen, summer camp for homeless children, and job training andplacement.Urban Land InstituteThe Urban Land Institute (ULI) is a research and education organization dedicated to providing anopen forum and idea-exchange for community builders around the world. The ULI researchesemerging 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 supportULI’s education programs and advisory services for communities and disaster relief.Metropolitan Family ServicesFor more than a century, Metropolitan Family Services has worked to provide services to helpChicago’s families become stable and self-sufficient. This organization uses communitydevelopment and social advocacy to provide support services to children, the mentally ill, low-income families and seniors. Donations from financial supporters like Kirkland allow MetropolitanFamily 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
  14. 14. 6 Kirkland & Ellis LLP • Green Initiatives
  15. 15. GREEN INITIATIVESprotecting and restoring delicate natural resourcesChesapeake Bay FoundationThe Chesapeake Bay Foundation (CBF) is one of the largest privately funded organizations whosesole mission is to restore and protect Chesapeake Bay. As their “Save the Bay” slogan implies, CBFis dedicated to improving the water quality — and therefore the quality of life — for residents of theChesapeake Bay region. Donations to CBF contribute both to environmental protection of andeducation about the Bay, whose watershed is home to approximately 17 million people.Nature ConservancySince its founding in 1951, The Nature Conservancy has worked to preserve ecologically importantlands and water around the world. The Conservancy employs more than 700 scientists to pursueconservation initiatives in a non-confrontational manner, and to partner with worldwide communitiesand 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 theplanet’s natural wonders.Friends of the Chicago RiverFor nearly 20 years, Friends of the Chicago River has been dedicated to improving the health andnatural beauty of the Chicago River. The organization focuses on the entire 156-mile length of theriver, coordinating governments, businesses and school groups in efforts to revitalize both the riverand the communities through which it flows. Friends of the Chicago River uses donations from itsfinancial supporters to fund educational and research projects that promote the restoration andhealth of the river.World Wildlife FundThe World Wildlife Fund (WWF) is the world’s largest multinational conservation organization andhas been in existence for more than 45 years. In addition to its mission to protect natural areasaround the globe, WWF understands that conservation efforts are only successful when theindigenous people and local communities who depend upon these natural areas are involved. Withthe help of financial supporters like Kirkland, WWF partners with these groups to advance its goalof conserving 19 of the world’s most important natural areas by 2020. Kirkland & Ellis LLP • Green Initiatives 7
  16. 16. 8 Kirkland & Ellis LLP • Culture & Arts
  17. 17. CULTURE & ARTSnurturing imaginations and advancing artistic excellenceSweet Home New OrleansMusic is a crucial element of New Orleans’ culture and economy. Hurricane Katrina left many in thecity’s music community struggling to rebuild their lives. Sweet Home New Orleans works topreserve New Orleans’ culture by providing services to the city’s musicians to help them regain theirself-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 andjazz roots.American Federation of ArtsEstablished by Congress in 1909, the American Federation of Arts (AFA) is one of the country’soldest art organizations and serves nearly 300 museums worldwide. The AFA’s mission is to makeoriginal works of art accessible to the public via traveling exhibits that are displayed throughout theUnited States and abroad. The Federation uses funding from donors like Kirkland to offsetexhibition and program costs.Lawyers for the Creative ArtsLawyers for the Creative Arts (LCA) provides pro bono legal services to visual, literary andperforming artists. The organization advises qualified low-income artists in a broad range of areasincluding intellectual property protection, contract disputes, landlord/tenant issues and immigrationservices. Kirkland is proud to provide funding that supports not only LCA’s legal initiatives, buteducational art programming as well.Museum of the City of New YorkThe Museum of the City of New York celebrates New York’s diverse heritage, continuoustransformation 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 ofits budget, allowing it to continue exhibitions about the perspectives that define New York. Kirkland & Ellis LLP • Culture & Arts 9
  18. 18. 10 Kirkland & Ellis LLP • Healthcare
  19. 19. HEALTHCARE promoting proper medical treatment today and healthier lives tomorrowAlzheimer’s AssociationAlzheimer’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 financialsupporters like Kirkland allow the Association to operate the nation’s largest library dedicated toAlzheimer’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 alife-threatening disease. It is the world’s largest grassroots network of breast cancer activists andsurvivors 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 thisorganization that has raised nearly $1 billion for the breast cancer movement.Easter SealsA symbol of spring, the lily serves as an embodiment of Easter Seals’ mission: to provide a new andbetter quality of life for individuals with disabilities and special needs. Easter Seals’ primary servicesinclude medical rehabilitation, job training and adult day services. Easter Seals relies on publiccontributions from donors like Kirkland to make its services as widely accessible as possible. Itoperates service sites at more than 550 locations throughout the country.The Michael J. Fox Foundation for Parkinson’s ResearchThe Michael J. Fox Foundation is dedicated to funding research and improved Parkinson’s diseasetherapies to develop a cure within the decade. According to the Foundation, it currently takes anaverage of 13 years to develop a new central nervous system treatment. The Foundation targetsmultiple promising research projects at a time, involving both academic and industry researchers, tospeed drug development and move new treatments into clinics. Kirkland & Ellis LLP • Healthcare 11
  20. 20. 12 Kirkland & Ellis LLP • Youth
  21. 21. YOUTH enabling youngsters to affect communities for a generation and beyondCity YearCity Year is an organization centered around the belief that young people have the ability to changethe world. Each year, City Year enlists more than 1,400 youths from across America for a year offull-time community service and leadership development. The participants tutor, mentor andorganize after-school programs for disadvantaged youth throughout the country. Kirkland is proudto provide financial sponsorship to City Year to further its mission, which has provided educationalsupport to more than one million youths.Project YESSRun by Mt. Hood Community College in Oregon, Project YESS (Youth Employability SupportServices) helps troubled youths realize their personal, academic and vocational potential. ProjectYESS offers positive role models to youths struggling to find a sense of direction in their lives andprovides them the opportunity to earn a GED and train for jobs in the workforce. Funds fromfinancial supporters like Kirkland allow Project YESS to continue its 25-year history of providing astimulating learning environment for young people to reach for their goals.Feed the ChildrenHeadquartered in Oklahoma, Feed the Children is a relief organization that delivers food, clothingand other necessities to individuals who lack these necessities due to famine, war or naturaldisaster. 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 productdonations.Voices for Illinois ChildrenVoices for Illinois Children seeks to educate leaders and policymakers throughout Illinois on allissues facing the state’s children and their families. For more than 20 years, business andcommunity leaders involved in Voices have yielded many significant accomplishments, including:The KidCare program, which provides health insurance to low-income children; the Illinois EarnedIncome Tax Credit, which benefits low-income working families; and Preschool for All, which hasmade Illinois a national leader in providing quality preschool to all 3- and 4-year-old children. Kirkland & Ellis LLP • Youth 13
  22. 22. 14 Kirkland & Ellis LLP • Education
  23. 23. EDUCATIONteaching and leading to develop active contributors in today’s worldConstitutional Rights FoundationThe Constitutional Rights Foundation (CRF) educates America’s youth about the democratic societyin 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 theircommunities, as well as the laws and government that shape our society. Financial support fromcontributors like Kirkland allows CRF to sponsor youth leadership and history programs, as well asstudent conferences and law and government publications.Sponsors for Educational OpportunityWith offices in New York and London, Sponsors for Educational Opportunity (SEO) providesacademic, 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 topursue full-time jobs in leading banks, law firms and companies. SEO is one of New York’s firstmentoring programs for high school students of color. Its programs have benefited more than 5,000young people in 35 countries.Law and Business SchoolsThe Foundation provides financial support to leading law and business schools around the countryand abroad. A few of the schools that have used our financial gifts to fund law chairs, minorityscholarships 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 SchoolKirkland & Ellis New York City Public FellowshipsKirkland’s gift to New York University School of Law and Columbia Law School provides oneoutstanding student from each school the opportunity for a year of post-graduate public service inNew York. Kirkland & Ellis LLP • Education 15
  24. 24. 16 Kirkland & Ellis LLP • Diversity
  25. 25. DIVERSITY promoting inclusiveness through understanding and appreciation of differencesCenter on HalstedKirkland sponsored the Grand Opening Gala for the Center on Halsted on June 8, 2007. The Centeron Halsted is a state-of-the-art community center dedicated to providing the Chicago GLBTcommunity with a common and safe public place to access critical services and support, as well asto interact with others in a positive and constructive manner without fear of discrimination orstigma. In connection with the Center’s Amicus Legal Fair on June 19, 2007, Kirkland attorneys andsummer associates presented a donation to the Center’s Executive Director to advance the Center’swork in the GLBT community.Push AmericaPush America is a nationwide organization dedicated to enhancing the quality of life for people withdisabilities. With help from financial supporters like Kirkland, Push America uses service andeducation 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 disabilitycommittees, studying special education and constructing accessible environments for the disabled.Lawyers’ Committee for Civil Rights Under LawKirkland 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 racialdiscrimination, the Committee involves the resources of the private bar to obtain racial justice andeconomic opportunity for minorities. The bar provides pro bono resources for litigation and publicpolicy advocacy.Minority Corporate Counsel AssociationThe Minority Corporate Counsel Association (MCCA) advocates for growth in the hiring, retentionand promotion of minority attorneys in corporate law departments and firms. MCCA publishesregular reports to track the numbers of minorities and women in corporate law departments. Thesereports are widely used by law firms to plan diversity initiatives. Kirkland gives financial support tohelp MCCA fund law school scholarships for minority students. Kirkland & Ellis LLP • Diversity 17
  26. 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, Director18 Kirkland & Ellis LLP • Foundation Directors and Officers
  27. 27. Global OfficesChicago New YorkKirkland & Ellis LLP Kirkland & Ellis LLP200 East Randolph Drive Citigroup CenterChicago, IL 60601-6636 153 East 53rd StreetUnited 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 faxHong KongKirkland & Ellis International LLP Palo Alto26th Floor, Gloucester Tower Kirkland & Ellis LLPThe Landmark 950 Page Mill Road15 Queen’s Road Central Palo Alto, CA 94304Hong Kong United States+852-3761-3300 +1 (650) 859-7000+852-3761-3301 fax +1 (650) 859-7500 faxLondon Mailing Address:Kirkland & Ellis International LLP P.O. Box 5182730 St Mary Axe Palo Alto, CA 94303London EC3A 8AF United StatesUnited Kingdom+44 20 7469 2000 San Francisco+44 20 7469 2001 fax Kirkland & Ellis LLP 555 California StreetLos Angeles San Francisco, CA 94104Kirkland & Ellis LLP United States777 South Figueroa Street +1 (415) 439-1400Los Angeles, CA 90017-5800 +1 (415) 439-1500 faxUnited 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. 20005-5793Kirkland & Ellis International LLP United StatesMaximilianstrasse 11 +1 (202) 879-500080539 Munich +1 (202) 879-5200 faxGermany+49 89 2030 6000+49 89 2030 6100 fax Kirkland & Ellis LLP • Global Offices 19
  28. 28. KIRKLAND & ELLIS LLPAll brand names are trademarks of their respective owners. Pursuant to applicable rules of professional conduct, this communication may constitute Attorney Advertising. Prior results do not guarantee a similar outcome. © 2008 KIRKLAND & ELLIS LLP. All rights reserved. The Review of Foundation Contributions is a publication produced by the Client Service Department of Kirkland & Ellis LLP.
  29. 29. [KIRKLAND & ELLIS LLP] 2009 Pro Bono AchievementsUsing our legal skills to improve lives,communities, and our profession Attorney Advertising
  30. 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 ChairIn 2009, Kirkland lawyers undertook more than 900 pro bono representations and devoted more than115,000 hours of free legal service to pro bono clients, primarily individuals and nonprofit groups whocould not otherwise afford counsel.e matters in this inaugural Pro Bono Annual Review are just some of the outstanding results Kirklandlawyers and staff achieved for pro bono clients in 2009. ese stories illustrate how meaningful this workcan 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 omason pro bono representations for their personal commitment of time and energy, as well as their support of Gottschalk,the Firm’s pro bono program. ChairGoing forward, we are committed to continuing the positive momentum in our pro bono program at Kirkland by expanding therange of pro bono opportunities for our lawyers and encouraging even broader participation in the program, with the purpose ofmaking a difference for our clients and ultimately, our communities. For all of us, pro bono means fulfilling the ethicalexpectation of our profession to assure that access to adequate legal representation is available to all who need it, not just thosewho can afford it.
  31. 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 TanneMission StatementKirkland is committed to providing legal services without charge to those who cannot afford counsel with the goals of improvinglives, 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 atop priority within Kirkland, and we encourage lawyers at all levels to participate in such work. In 2009, the Firm achieved anall-time high in the number of its lawyers doing pro bono work. We are proud of this accomplishment and anticipate even greaterinvolvement in the future.
  32. 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 & Asylum4
  33. 33. LGBT Asylum ProjectKirkland’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. fromattending pro bono training with Kirkland attorneys and university on the explicit grounds of her homosexuality. eyworking on LGBT-related cases under a Kirkland recruiting were also able to convince her brother, despite his apparentoutreach program. While the Firm had previously handled — shame at having a lesbian sister, to give a notarized statementand won — a number of asylum cases, the establishment of the corroborating her time in jail, sexual assault at the hands ofLGBT 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 modelfor how partners could become involved in leading focused pro Mr. E., a gay man from Mexico, had been subject to abusivebono 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 — alsoAttorney and staff time and expenses dedicated to the LGBT rumored to be gay — and decided that it was unsafe for him toAsylum Project totaled approximately 1,700 hours and $750,000 remain in Mexico. After a dangerous border crossing, duringin 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 hisGhana, 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. wasHere are just two of the compelling stories of the LGBT Asylum abandoned on the streets. e Kirkland pro bono team securedProject’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 thehomosexuality remains illegal, Ms. A. was expelled from her individual lawyers involved in the LGBT Asylum Project wereuniversity in 2008 when it was discovered that she was a lesbian. honored by Immigration Equality with a 2010 Safe HavenMs. A. was subsequently taken to jail in handcuffs and sexually Award. In announcing the award, Immigration Equality’sassaulted. After her family provided bribes for her release, Ms. A. executive director pointed to the amount and significance of thewas sent to a “prayer camp” where she was chained to a block casework handled by Kirkland, the Firmwide scope of theand 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 forshe fled the country with little paperwork and no official record city-wide trainings for the organization.5
  34. 34. Immigration Intervention Project for Domestic Violence VictimsIn 2004, Kirkland’s New York office formalized its participation Since 2004, more than 150 Kirkland attorneys have representedin what has become the New York Immigration Intervention more than 100 clients as part of the project. To date, KirklandProject for Domestic Violence Victims, in which Kirkland has met with success in all of the petitions it has filed. eattorneys represent battered women and their children in filing project is enabled in large part by the Firm’s strong relationshippetitions to legalize their residency in the United States under with Sanctuary for Families, the largest nonprofit organization inthe Violence Against Women Act (VAWA) and related statutes. New York dedicated exclusively to serving domestic violenceVAWA permits immigrant spouses of U.S. citizens or green card victims and their children. In addition to referring clients to theholders who have been subjected to severe abuse at the hands of Firm, Sanctuary offers training to Kirkland attorneys and servestheir spouses to petition for lawful permanent resident status as co-counsel on most matters. To date, Sanctuary has honoredwithout the sponsorship or knowledge of the abusive spouse. three Kirkland attorneys for their distinguished work inKirkland also represents battered women and their children in representing victims of domestic violence.seeking other immigration remedies that apply to domesticviolence victims, such as Battered Spouse Waivers, U-Visaimmigrant status and asylum on the basis of gender-basedpersecution.“Working on VAWA pro bono cases has been very rewarding because I have been able to helpimprove 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 AwardAsylum VictoryOn May 14, 2009, a Chicago immigration court granted asylum terrorist organization. e government waived its appeal, whichto 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 Nationalgovernment 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 countryand killed. But the lawyers helped me. I am now working as a cab driver here in Chicago andgetting ready to apply for a green card. None of this would be possible without Kirkland.”— Mr. G.6
  35. 35. The Kirkland Immigration NetworkFounded in 2006, the Kirkland Immigration Network (KIN) immigration organizations, such as the National Immigranthelps connect attorneys and staff with opportunities to serve Justice Center, by filing amicus briefs and administrativeimmigration clients in asylum claims, U-Visa and VAWA petitions for rulemaking. Kirkland plans to make KIN, which ispetitions, appellate advocacy, know-your-rights presentations, currently based in the Chicago office, a Firmwide organization toand the representations of unaccompanied minors to obtain facilitate knowledge-sharing among attorneys and staff handlingspecial immigrant juvenile status. KIN attorneys also represent pro bono matters.“KIN provides a forum for sharing insights and war-stories with other Kirkland attorneys interestedin 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 bestoutcome for my client.”— Maria Maras, Kirkland Chicago Intellectual Property Associate7
  36. 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 Defense8
  37. 37. Victory in Gissendanner Death Penalty AppealWorking with the Montgomery-based Equal Justice Initiative Mr. Gissendanner’s conviction, Kirkland lawyers examinedand 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 defenseEmmanuel Gissendanner. On March 31, 2010, the judge who evidence was presented and only the defendant and two otherpresided over the original trial overturned the verdict and defense witnesses were called to the stand. e original defenseordered a new trial for the 34-year-old Mr. Gissendanner, an lawyers in the case, when put on the stand, reluctantly affirmedAfrican-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, handwritingineffectiveness of counsel as well as the state’s failure to turn over or forensic experts on the stand, prior counsel replied that theykey 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 knewhome, cashed a forged check taken from her purse. Mr. the identity of the real murderers. e woman, who justGissendanner had a prior criminal conviction for forgery based happened to be at the courthouse that day, told Kirklandon his cashing a check from his wife’s account, though no record attorneys that two middle-aged white brothers bragged to herof violent crimes. At trial, the state introduced evidence that a that they and another local white man known as “Buster” hadwitness 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 alsoclaimed 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 attorneyfrom a man known to him as “Buster.” Having been found guilty and the judge presiding over the evidentiary hearing in chambersof murder, Mr. Gissendanner was given the death penalty. e before the final day of the testimony. e judge asked the districtAlabama 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 withheld2007. Based on forensic evidence, they came to believe that Mr. favorable evidence and that “but for defense counsel’sGissendanner could not have been at the scene of the crime, and unprofessional errors” the result of the proceeding would havethat 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 challenging9
  38. 38. Soffar Death Penalty AppealOn June 14, 1980, four people were shot execution-style during few months later, Mr. Soffar was tried, convicted and sentenceda robbery at a Houston bowling alley. ree of the victims died to death for the murder of one of the victims. In 2004, hisat 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 weekspassed with no arrest. Although Mr. Soffar is clearly innocent, following a constitutionally flawed trial in 2006 at which key evidence wasOn August 6, Mr. Soffar, a petty criminal who suffered from kept from the jury, Mr. Soffar was, once again, convicted andbrain damage and had a reputation for making up stories, was sentenced to death. Kirkland attorneys have stepped in to handlearrested riding a stolen motorcycle. Mr. Soffar claimed to have Mr. Soffar’s case and so far have located three new witnesses whoinformation about the bowling alley murders. After three can place an alternative perpetrator, matching the originalgrueling days of interrogation, during which he asked how he description of the robber, at the scene of the crime in the weekscould get a lawyer and was told that he was “on his own,” Mr. and days leading up to the murders. Kirkland attorneys areSoffar claimed to have shot two of the victims. Although Mr. currently awaiting the trial court’s ruling on whether to hold anSoffar 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, aDNA and the Innocence Protection ActKirkland, in conjunction with the Center on Wrongful In July 2009, at Kirkland’s urging, the Fifth Circuit reversed theConvictions at Northwestern University, represented Steve district court’s decision and ordered DNA testing of each pieceFasano, who was convicted of bank robbery in 2006. Certain of the physical evidence. e opinion is a landmark decision. Itphysical evidence worn by the thief during the crime (parts of is the first published opinion granting a request for DNA testingthe robber’s disguise discarded after the heist) was never tested under the IPA, it reads the statute expansively, and it rejects thefor DNA prior to trial. After Mr. Fasano’s conviction was upheld, government’s argument that the otherwise strong case againstKirkland agreed to represent him and petitioned for DNA Mr. Fasano was a sufficient basis to deny post-conviction DNAtesting under the federal Innocence Protection Act (IPA) — testing.which was enacted in 2004, but had at the time never beensuccessfully invoked. e Southern District of Mississippirejected Mr. Fasano’s testing petition, reading the IPA narrowly.10
  39. 39. Kirkland Succeeds in Wrongful Conviction CaseKirkland achieved a pro bono victory on behalf of a client who Kirkland became involved after the client’s conviction washad been wrongly convicted of assault with a deadly weapon in vacated on the basis of ineffective assistance of counsel. e teamfall 2009. Kirkland’s client was a Chinese immigrant who spoke obtained all of the relevant documents, records and grand jurylimited English and whose conviction resulted largely from his testimony and prepared for retrial. Ultimately, followingoriginal trial counsel’s failure to provide an interpreter and its discussions with the U.S. Attorney’s Office, Kirkland convincedincompetence. 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 sealrestaurant 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. Californiajustice for domestic violence survivors incarcerated for crimes Penal Code Section 1473.5 provides habeas relief for batteredrelated to their experiences of being abused. rough this women, such as Ms. R., who were incarcerated for killing theirproject, Kirkland represents Ms. R., who was convicted of abusive partners before 1996, and who were prejudiced at trialsecond-degree murder of her abusive partner in 1994 and has by a lack of expert testimony on intimate partner battering andserved 16 years in prison. its effects. Ms. R.’s Kirkland attorneys have worked with an expert on “intimate partner battering” to obtain the factualDespite years of suffering at the hands of her partner and others, support they need to file a habeas petition for Ms. R. underMs. R.’s trial attorneys did not present any evidence about the Section 1473.5.Seventh Circuit Appeal VictoryOn August 3, 2009, the U.S. Court of Appeals for the Seventh e district court denied this petition as “untimely” under theCircuit 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 onepetition 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. ewrit of habeas corpus in federal district court alleging that he was Kirkland team discovered the district court’s use of the incorrectheld in state custody in violation of his constitutional rights. e date, and the Seventh Circuit ultimately ruled that Mr. Terry’spetition was dismissed under then-controlling law, because Mr. petition was timely.Terry had not first sought relief in state court. Mr. Terry thenlitigated his claims in state court until late 2005, when his finalstate appeal was denied. He then returned to federal court andfiled a renewed habeas petition.11
  40. 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 Benefits12
  41. 41. Kirkland Assists Thousands of Maryland ResidentsIn December 2009, a Baltimore circuit court judge ruled that e court fast-tracked the case, and after a full trial, found inthe state of Maryland has failed to deliver food stamps, cash favor of Kirkland’s clients. e court ordered the defendant toassistance and medical benefits to thousands of residents in a develop a corrective action plan to achieve compliance andtimely manner. Kirkland, along with co-counsel from the ordered that the defendant indeed achieve full compliance withNational Center for Law and Economic Justice, the Public timely processing requirements within 12 months of theJustice Center and the Homeless Persons Representation Project, judgment. ere is no sunset on the court’s jurisdiction, and therepresented 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: theCabinet appointee Secretary Brenda Donald, has engaged in a Outstanding Volunteer Law Firm of the Year Award from thepattern or practice of violating federal and state requirements for Homeless Persons Representation Project, the Maryland Prothe timely processing of benefit applications. e suit also Bono Service Award from the Pro Bono Resource Center ofalleged that the defendant’s unlawful delays in the act of Maryland and Distinguished Honoree from the National Centerprocessing 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 impressedby the Firm’s willingness to take on impact litigation and grateful for having been given theopportunity to co-lead this major civil rights case from which thousands of needy families inMaryland stand to benefit.”— Philippa Scarlett, Kirkland Washington, D.C. Litigation Partner13
  42. 42. Social Security Overpayment ProjectKirkland has piloted a new Social Security Overpayment pro e Social Security Overpayment Project is run in conjunctionbono program in collaboration with the Chicago Bar with AIDS Legal Council of Chicago, Health & DisabilityFoundation and four Chicago-based legal aid organizations to Advocates, Legal Assistance Foundation of Metropolitanassist 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 facilitatedOverpayments can occur in error when a beneficiary is the collaboration. Nearly 100 Kirkland transactional lawyers toattempting to return to work. Often, the SSA will require the date have been trained to assist these individuals on theserecipient 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 inbenefits can be devastating to these disabled individuals, whosurvive on extremely limited income, primarily the SocialSecurity payments.“rough the [Social Security Overpayment] Project, Kirkland’s attorneys are providingmuch-needed legal assistance to elderly and disabled individuals so that these individualscontinue to receive the Social Security benefits that they need to remain stable and independent.”— Bob Glaves, Executive Director, Chicago Bar FoundationFighting for the Children of TennesseeSince 2005, Kirkland has partnered with the Tennessee Justice federally mandated early periodic screening, diagnosis andCenter (TJC) to fight cuts to TennCare, Tennessee’s Medicaid treatment requirements for the over half a million childrenexpansion 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 thechildren enrolled in the program. is ongoing case follows an state’s compliance. In June 2009, the court denied the state’searlier case in which Kirkland and the TJC challenged the state’s motion to vacate the consent decree, which is now on appeal toprocedures for terminating TennCare coverage and won the Sixth Circuit. Argument took place in April 2010. Uponconcessions that helped 15,000 low-income Tennesseans retain favorable resolution of the appeal, the case is expected to go totheir 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 gavefinding that the state was still not in compliance with its Kirkland its Pro Bono Law Firm of the Year Award in 2010.14
  43. 43. Attorney Profile: Jennifer SelendyNew 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 mythe much-publicized Maryland food stamps case (see page 13). first really substantive trial experience, 18 or 19 directs andRecently, we took time out of Jennifer’s busy day to talk about crosses in the course of a 30-day arbitration — and all on behalfher 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’veinterested 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 ato become a public interest lawyer. Gradually, though, I found very significant litigation.’”myself becoming consumed intellectually in private practice, sothat 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 inmeaningful role by working with organizations that I cared administering their public benefits program. e state was notabout, primarily the National Center for Law and Economic getting food stamps and other benefits to the people who neededJustice (NCLEJ), where I have a long history and where I’ve just it. You had a situation where food pantries were in crisis withbeen 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 aKirkland? timely manner.”“As a fourth or fifth year associate, I became involved in a matteron 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 ofagainst 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 wouldarbitration — a long arbitration, witnesses upon witnesses. be a challenge. It was my primary assignment to take herWhen 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. atside 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 thestage whisper, she turned to a colleague of mine and said, ‘Is he state’s best spin on it, but that she was fundamentally honest. Ontalking about the Gulag?’ Well, Eva had actually been in the stand, she admitted that up until the day we deposed her, sheprison in the Soviet Union in the 1930s and had been held in hadn’t even known that her agency was already under orderssolitary confinement for 18 months. Her experience is what from the federal government because of their delinquency. NoArthur Koestler’s book Darkness at Noon is fashioned after. Be one had bothered to tell her.”15
  44. 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 ] Housing16
  45. 45. Assisting Victims of Hurricane KatrinaIn February 2009, Kirkland, working with co-counsel from the e city of Waveland refused to issue new building permits toMississippi Center for Justice (MCJ), brought suit against the cottage residents, claiming that the cottages did not qualify ascity of Waveland, Mississippi, on behalf of eight individuals who modular housing. After suit was filed, the city gave up on thatlost 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 asCottages” — from the Mississippi Emergency Management arbitrary, capricious and violative of Mississippi statutory law, asAgency (MEMA), the state counterpart to FEMA. MEMA well as the due process and equal protection guarantees of thecreated a program through which residents could purchase their Mississippi and federal constitutions. Following hearings before acottages at a small price and remain in them permanently. local judge, city officials agreed to settle the case in favor of theHowever, placement of the cottages first had to be approved by cottage residents.their local government.Preventing a Family’s EvictionA Kirkland attorney represented a family residing in public At the hearing, the Kirkland attorney cross-examined thehousing 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 wasgrounds of “non-desirability.” NYCHA’s attempt to evict the insufficient evidence to support a finding of non-desirability, andfamily 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, includinga widowed and disabled mother and her six children, was facingrelocation to possibly separate shelters.17
  46. 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 Rights18
  47. 47. Kings County SettlementOn January 8, 2010, the U.S. District Court for the Eastern news coverage, Kirkland obtained a preliminary injunctionDistrict of New York entered a stipulation and order of requiring every patient to be checked every 15 minutes, thatsettlement mandating the New York City Health & Hospitals there be no more than 25 patients at any time in the psychiatricCorporation to undertake major systemic reforms to the emergency ward, and that detailed records of the ward be turnedinpatient 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 contemporaneouslyKirkland, along with the New York Civil Liberties Union and ordered consent judgment between the Department of Justicethe Mental Hygiene Legal Service, filed suit against Kings and the city of New York, the hospital will be required toCounty Hospital Center in May 2007 alleging patient abuse at develop and implement a wide series of reforms. Kirkland and itsthe hospital’s psychiatric facilities. Shortly after the lawsuit was co-counsel will partner with the Department of Justice in closelyfiled, the U.S. Department of Justice launched an independent monitoring the hospital for the next five years. A six-memberinvestigation of patient abuse. panel of outside experts will have full access to the hospital’s buildings and facilities, and will report to the attorneys everyIn June 2008, the matter received national attention when three months. e monitoring period can be extended if counselWNBC aired a surveillance tape showing a female patient dying determines that the hospital has not achieved sustainedin the waiting room of the hospital’s psychiatric emergency ward substantial compliance with the terms of the settlementafter being ignored by hospital staff. e story was picked up by documents.major networks and the international news media. Following theFighting Against Wrongful Strip SearchKirkland San Francisco attorneys represented the Lawyers’ e LCCR, through Kirkland, urged the court to affirm theCommittee 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’sMs. Wong, an ordained minister from Hong Kong who was appeal was pending, the Ninth Circuit accepted en banc reviewrevoked re-admission to the United States after her immigration of its prior precedent on strip-search policies applicable tostatus lapsed because of a trip to Hong Kong, to take care of incarcerated U.S. citizens and stayed Ms. Wong’s appealresponsibilities arising from the death of her spiritual leader. pending the outcome of that case. After that opinion issued onWhile in immigration custody in an Oregon county jail, Ms. February 9, 2010, Kirkland assisted Ms. Wong’s counsel inWong was repeatedly strip-searched pursuant to blanket strip- preparing her supplemental brief on the impact to her policies of the Clark County Jail.19
  48. 48. Partnering with Asian Pacific American Legal CenterIn 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 atof nearly $800,000 against the sweatshop, but the defendants the Center’s 26th Anniversary Dinner in October 2009. efled after transferring the factory and property to a third party. award recognized the Firm’s long-standing support of theKirkland 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 wasthorough, creative and determined to see that justice was done. For our client, this was proof thatthe legal system, while sometimes slow, works in the end. For APALC, this case is a model for whatpro bono attorneys can do.”— Julie Su, Asian Pacific American Legal Center Litigation DirectorAdvocating for Disabled IndividualsOn behalf of certain disabled individuals and the Equal Rights In the complaint, the ERC and the individual plaintiffs allegeCenter (ERC), a Kirkland team initiated a lawsuit against the that the Filene’s Basement stores discriminate against people withowners of Filene’s Basement stores alleging violations of the disabilities based on architectural and structural violations, asAmericans with Disability Act (ADA) and the D.C. Human well as its operating policies, practices and procedures thatRights Act. impact the disabled community. e complaint seeks monetary compensation, injunctive relief and compliance with the ADA.20
  49. 49. Settlement Achieved for Equal Rights CenterKirkland represented the Equal Rights Center (ERC) in complex September 14, 2009. Camden agreed to remediate 6,500 of itslitigation in federal court against property developers Camden residential units, pay $750,000 in damages and sponsor theProperty Trust and Camden Builders, Inc., whom they alleged ERC’s multifamily housing resource program for $50,000 a yearfailed to comply with the accessibility requirements of the Fair for 10 years.Housing Act and the Americans with Disabilities Act in morethan 120 apartment complexes across the country. In 2010, the Firm received an Outstanding Achievement Award from the Washington Lawyers’ Committee for Civil Rights andAfter 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 asettlement that was ultimately approved by the court onWin for U.S. Postal Service EmployeeIn November 2009, several Kirkland attorneys secured a substantial discovery, Kirkland secured monetary compensationfavorable settlement in a dispute against the U.S. Postal Service and an offer for the client to return to work. e Postal Serviceinvolving claims of employment discrimination. e former also agreed to erase from his employment record any mention ofpostal worker had been litigating his discrimination claims for involuntary termination.several years in the Northern District of California. After takingResolution of Discrimination ClaimKirkland 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 andshop at a local retail chain, but were told they would have to sent a demand letter to the retailer. After several months ofcheck 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 storemanagement, they were refused service entirely and told to leave e Firm received an Outstanding Achievement Award in thethe store. field of Public Accommodations from the Washington Lawyers’ Committee for its work on the matter.e women contacted the Washington Lawyers’ Committee forCivil Rights and Urban Affairs, who in turn contacted Kirkland.21
  50. 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 Internationally22
  51. 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 legalthe U.S. Court of Appeals for the Seventh Circuit to participate professionals through a trial advocacy program. e hypotheticalin “Support rough Trial Advocacy Training: Violence Against case taught in the program using the National Institute of TrialWomen,” sponsored by Lawyers Without Borders. e program, Advocacy case method was based on an actual case that dealtwhich takes place in Kenya, was started by Judge Williams three with domestic violence and rape. e associate also discussedyears 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 fourfederal judges, several law professors and attorneys from otherfirms who helped address the complexities and challenges relatedVictory in Hague Convention Case at Ninth CircuitIn 2002, a custody dispute erupted between Ms. Brito and Mr. as such, custody proceedings should take place here. e districtSalmeron over their now 11-year-old daughter. Nearly six years court disagreed and ordered the daughter to return to Mexico forafter Brito moved with her daughter from Mexico to the United custody proceedings. Kirkland immediately appealed, and onStates, Salmeron filed a petition in California federal court March 18, 2009, a unanimous opinion in favor of Brito reversedclaiming that Brito had “wrongfully retained” their child in the the district court’s decision based on a case of first impressionUnited States. Armed with representation by a prominent law involving the Hague Convention on the Civil Aspects offirm, 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 andopposed Salmeron’s petition, arguing that although she was anundocumented immigrant, the daughter was “now settled” and,23
  52. 52. Partnership with MedicAlert FoundationKirkland’s London office is actively expanding its role in pro individuals. is service has proven life-saving for many peoplebono 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 vastnonprofit organization that provides ID jewelry for individuals array of legal questions. e foundation has about 300,000with 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 legalimmediate 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 securityamongst many others has been of particular and extremely direct help and support to us due to thenature of our work. e financial saving to us has been significant and directly affects our ability tosupport those in need. Effectively, that cost saving helps us to save and protect more lives.”— Jeanette Allen, CEO, MedicAlertEquity for AfricaKirkland’s London office provides advice in relation to pipeline for further growth. EFA has been making “transitionstructuring and setting up a fund in conjunction with Equity for investments” of $2,000 to $75,000 in equipment to help veryAfrica (EFA). Founded in 2003, the organization aims to reduce small businesses make the transition to the next stage. Topoverty 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 tobuild the pool of sustainable employment and strengthening the24
  53. 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 Development25
  54. 54. Grameen AmericaKirkland provides extensive counsel on general corporate Grameen America is an offshoot of the Grameen Bank, headedmatters, 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 toAmerica is a microfinance nonprofit organization that provides financially challenged entrepreneurs. In addition to providingloans, savings programs, credit establishment and other financial legal advice on all aspects of Grameen America’s capital-raisingservices to entrepreneurs living below the poverty line in the efforts, Kirkland attorneys also serve on the Advisory Board ofUnited 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 socialbusinesses meet their capital needs, which creates opportunities for our lawyers to have an impacton their clients that can be profound. Our work in the microfinance area with Grameen America isan example of this collaboration.”— Stephen Tomlinson, Kirkland New York Real Estate PartnerLaunching 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 moreFriendship Baptist Church in Southwest Washington to form a than 70 clients with a broad range of legal issues including civilnonprofit 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 probono legal clinic in the Southwest D.C. — the only quadrant of More than 20 percent of the attorneys in Kirkland’s D.C. officethe 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 projectCurrently 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 thecommunity’s most disadvantaged individuals. In the three26
  55. 55. Nonprofit Fights Placement of Methadone ClinicKirkland represented e Heart of Camden, Inc. in an action Working with the Lawyers’ Committee for Civil Rights Underbrought in New Jersey Superior Court against the South Jersey Law, Kirkland attorneys requested a summary judgment toPort Corporation (SJPC) and Parkside Recovery, Inc. seeking to address whether SJPC’s lease to Parkside was within the scope ofprevent SJPC from leasing property in the Port of Camden (the SJPC’s authority. In October 2009, Parkside’s counsel confirmedPort) to Parkside for operation of a methadone clinic. Heart of that Parkside would not execute the lease with SJPC and had noCamden is a nonprofit corporation devoted to redeveloping, plans to do so for the foreseeable future. e case has beenrevitalizing and improving the quality of life in Camden, New dismissed without prejudice.Jersey. e proposed site for the methadone clinic was next toproperties owned and developed by Heart of Camden.Partnering with Ladder UpDuring the 2009 tax season, 50 Kirkland lawyers provided pro Ladder Up is a nonprofit organization that provides free taxbono tax counseling and tax preparation services to nearly 500 preparation and counseling services to low-income families. elow-income families in the Chicago area in conjunction with typical Ladder Up client is a single parent trying to support aLadder 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, moreimportantly, they made life a little better for our clients and their families. More than just thenumbers, you – Kirkland & Ellis – did what you do best. You advocated for those who do notalways have a voice, and you spoke volumes with your actions.”— Robert Burke, Executive Director, Ladder Up27