www.kramerlevin.com Kramer Levin Naftalis & Frankel LLP

Spring 2010

1 Kramer Levin Co-Counsels with ACLU in High Profile Mississippi Prom Case

2 New York Cares Day

3 Charities and Community Support

4 Hope for Haiti

4 Community Participation

4 Spotlight Focus

5 Judge Joseph A. Greenaway, Jr. Interview

6 Cultural Heritage Month Celebrations

7 Women’s Initiatives

7 Affinity Group Sponsored Events

8 Diversity and Community Calendar

Diversity & Community Service

mosaics

Attorney Advertising

Dear Employees, Clients and Friends of Kramer Levin,

We are pleased to bring you this issue of our Mosaics newsletter to share recent news and events that reflect our continued commitment to diversity and community service. Over the past few months, attorneys and staff have dedicated much time and personal energy to organizations supporting a broad range of interests.

Serving as co-counsel with the ACLU, we have been representing Constance McMillen, an openly lesbian high school student in Mississippi, who was denied the right to attend her high school prom with her girlfriend. We continue to represent Constance in her effort to enforce her First Amendment rights.

In recent months, we held cultural heritage celebrations honoring National American Indian Heritage Month, African American History Month and Women’s History Month, where topics ranged from the elimination of bias to the Indian Trust Fund.

In addition to our varied pro bono projects, we worked with approximately 225 charities over the past year, and participated in programs such as New York Cares by cleaning and revitalizing a park in Queens. Additionally, firm attorneys also helped organize a benefit to aid the Haitian people, following the devastating earthquake.

With our continued mission to create a more inclusive society in mind, we welcome any ideas or comments that you may have to help us promote diversity and service to the community. Marissa Leung Corporate Associate Member, Diversity Committee

Kramer Levin is co-counsel with the American Civil Liberties Union (“ACLU”) in McMillen v. Itawamba County School District, et al., a case in Mississippi brought on behalf of an openly lesbian student who had been denied the right to attend her high school prom with her girlfriend as her date. When our client, Constance McMillen, secured legal representation to enforce her First Amendment rights to attend the prom with the date of her choice — as well as to

wear the attire of her choice (a tuxedo) — the school district decided to cancel the prom altogether rather than to accede to her demands.

On March 23, 2010, a federal district judge in the Northern District of Mississippi ruled that school officials violated Constance’s First Amendment

Kramer Levin Co-Counsels with ACLU in High Profile Mississippi Prom Case

continued on page 2

Constance McMillen

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rights when it canceled the prom rather than let her attend with her girlfriend and wear a tuxedo. The Court wrote in a 12 page decision:

The record shows Constance has been openly gay since eighth grade and she intended to communicate a message by wearing a tuxedo and to express her identity through attending the prom with a same-sex date. The Court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment. The Court is also of the opinion that the motive behind the School Board’s cancellation of the prom, or withdrawal of their sponsorship, was Constance’s requests and the ACLU’s demand letter sent on her behalf. For all of the foregoing reasons, the Court finds that Constance’s First Amendment rights have been violated and therefore, she has established, by a preponderance of the evidence, a substantial likelihood of success on the merits with respect to her First Amendment claim.

The Court stopped short of ordering the school district to put the prom back on the school calendar because of assurances that an alternative “private” prom being planned by parents would be open to all students. The decision stressed that "[t]his case remains active and Plaintiff, if she so desires, will be permitted to amend her Complaint to seek compensatory damages and any other appropriate relief."

On April 21, 2010, Kramer Levin and the ACLU filed an amended complaint, which contains details about events that have taken place since the Court’s order. The amended complaint alleges that at a meeting with school officials held subsequent to the Court’s March ruling, parents decided to cancel the private prom without notifying Constance because they did not want to allow her to attend, instead organizing a “decoy” prom for Constance and her date and yet another prom for the rest of the class. Constance and her date then attended the event the school had told her was “the prom for juniors and seniors” on April 2, where they found only seven other students in attendance. Defendant principal Trae Wiygul and several school staff members were supervising that event while most of Constance’s classmates were at the other prom held 30 miles away. The amended complaint seeks redress for Constance’s resulting mental and emotional hardship, public humiliation and harassment.

The case has generated tremendous media attention, including stories appearing in The New York Times, The Washington Post, and USA Today, and on national television news and entertainment programs. There has been a very high level of public support for Constance, including many offers to pay for or host inclusive proms for her and all students at her high school.

The Kramer Levin team includes litigation partner Norman C. Simon and associates Joshua Glick, Jason M. Moff, and Lee C. Strock. n

K r a m e r L e v i n par t i c ipa ted in the 16th Annual New York Cares Day on Saturday, April 24, 2010. Team Kramer Levin joined thousands of other caring New

Yorkers in helping to revitalize 69 of our city’s public parks and gardens. In just one day, volunteers helped make city parks cleaner, greener and ready for New Yorkers to enjoy all spring and summer long.

Team Kramer Levin was assigned to Astoria Park in Queens where they placed wood chips on eroded soil under the Hells Gate Bridge. This strenuous task would have taken the park staff months to complete, but the KL team completed the project in just a couple of hours! The group fulfilled their goal of abating the erosion in the area and helping an already beautiful park meet its full potential.

Special thanks go to our industrious and caring volunteers: Katrina Baker, Christopher Brady, Dannie Cho, Samantha Ford, Lauren Gaites, Eulalia Gonzalez, Tatiana Gonzalez, Michael Mellin, and James Power, all of whom worked extremely diligently in accomplishing the day’s fun-filled tasks. n

Kramer Levin Co-Counsels with ACLU in High Profile Mississippi Prom Case continued from page 1

New York Cares Day

Charities and Community Support

Kramer Levin’s attorneys and staff donated personal time, pro bono hours and financial resources to approximately 225 charities in 2009. Below is a representative sampling:

n 92nd Street Yn Alzheimer’s Associationn American Cancer Societyn American Immigration Law

Foundationn Anti-Defamation Leaguen Appleseedn Asian American Bar Association of

New Yorkn Asian American Law Fund of New

Yorkn Big Brothers Big Sisters of New York

Cityn Cancer Hope Networkn Center for Civic Responsibilityn Charles B. Wang Community Health

Center, Inc.n Children at Heartn Chinatown Health Clinic

Foundationn Christopher Reeves Paralysis

Foundationn City Bar Justice Centern City Parks Foundationn Citymeals-on-wheelsn Coalition for the Homelessn Cystic Fibrosis Foundationn Diversity Scholarship Foundationn Empire State Pride Agenda

Foundationn Equal Justice Worksn Foundation for Individual Rights in

Educationn Harlem Children’s Zonen Hellenic Times Scholarship Fundn Human Rights Firstn Human Rights Watchn Immigration Equalityn inMotionn Inner-city scholarshipsn Juvenile Diabetes Research

Foundation

n LAMBDA Legaln Lawyers Alliance for New Yorkn Legal Outreachn Legal Services for New York Cityn LGBT Community Centern NAMI-NYC Metron National Center for Learning

Disabilitiesn National Lesbian & Gay Law

Foundationn New York Caresn New York Center for Autism

Research & Educationn New York Center for Law and Justicen New York Civil Liberties Union

Foundationn New York Legal Assistance Groupn Northside Center for Child

Developmentn Operation Smilen Pencil, Inc.n Pro Bono Instituten Pro Mujern Probono.netn Red Light Children Organizationn Sanctuary for Familiesn South Brooklyn Legal Servicesn The ABNY Foundationn The ACLU Foundationn The Legal Aid Societyn The Michael J. Fox Foundation for

Parkinson’s Researchn The New York Bar Foundationn Theater for a New Audiencen Turn 2 foundationn UJA Federation of New Yorkn Vera Institute of Justicen Volunteers Lawyers for the Artsn Worldwide Orphans Foundationn YWCA

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On January 22, 2010, Kramer Levin associates Diane Lucas and Jill Filipovic helped to organize a private benefit for Haiti after the devastating and catastrophic earthquake hit 10 days prior. One hundred percent of the proceeds went to Hope for Haiti, an organization missioned to improve the quality of life for the Haitian people, particularly children, through education, nutrition, and healthcare. Hope for Haiti is a grassroots organization that offered and is continuing to offer much needed aid to survivors. Hope for Haiti was chosen because it is a 20-year-old organization, based in Haiti and will be there in the long run to rebuild Haiti, even after many international organizations have left. Over three hundred people attended the benefit. There was overwhelming support for the event from other Kramer Levin associates and partners, as well as members of the community. The benefit raised $5,000 for Hope for Haiti. n

Hope for HaitiDaffodil Days. March 15, 2010: This year Kramer Levin raised $1,915.00 dollars in support of The American Cancer Society’s Daffodil Days Program. The generous donation will be used towards the promise that one day the world will be free of cancer. Our participation supported the American Cancer Society’s lifesaving research, prevention, early detection, and support programs. Daffodils will significantly touch the hearts of cancer patients in local health care facilities, especially children in oncology facilities who will be moved with the symbolism of hope and encouragement. n

Community Participation

Celia Martinez, a Cristo Rey New York City High School student, has been an intern at Kramer Levin Naftalis & Frankel LLP since 2006 when she was a Freshman in the 9th grade. Today, Celia is a Senior in the 12th grade, at the tail of her internship, approaching

graduation and preparing for college this Fall.

In the past four years, Celia has worked primarily with the Human Resources department, assisting the department with various tasks including filing, faxing, mailing, and administrative duties. Celia has also been of assistance to other departments such as Legal Recruiting, Marketing, Accounting and the Library group. When we first met Celia, she was very timid and nervous to begin her internship at a prestigious law firm. Now Celia is a very confident individual who has positive thoughts about her demeanor at work and her ability to handle professional

responsibilities. In addition to excelling in her studies and at work, Celia is also athletic; she is a member of Cristo Rey’s Basketball and Soccer teams.

After her long journey in High School, and with the work experience she’s attained at Kramer Levin, Celia has decided to study Law. She has been accepted to multiple colleges in New York, including Long Island University, Mount Saint Vincent and St. Francis College. However, Celia has decided to attend John Jay College of Criminal Justice of the City University of New York. Her hope and inspiration is to one day become a paralegal or an attorney.

The most important thing she’s appreciated about working at Kramer Levin is the “people.” She’s met different personalities, and feels she’s been nurtured with many vivid memories of how friendly everyone has been, when asked to express her thoughts on the Firm, Celia thinks carefully, takes a deep breath and says “Kramer Levin is a one of a kind law firm.” n

Spotlight Focus

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Celia Martinez

Kramer Levin Naftalis & Frankel LLP

Question. You began your career at Kramer Levin in the litigation department. Tell us briefly about your decision to join the firm.

Answer. I had started my summer associate experience at other firms where there were about 100 lawyers. On one

assignment I was the 17th lawyer working on the matter. When I came to Kramer in the fall of 1981, I was the 74th lawyer and our class of incoming associates had about 8 people. The allure of Kramer was work that was every bit the quality of bigger firms but in a much smaller and a more intimate environment, and I got that right away when I came and interviewed. Once I interviewed, I knew it was the place for me.

Q. Expanding ethnic and gender diversity in the federal courts will afford numerous benefits, such as citizens having more confidence in a federal judiciary that reflects the nation’s diverse population. What other benefits do you perceive in the federal judiciary as it becomes more diverse?

A. Well, the most important effect of diversity is not just the public perception, though that is important. I think it exposes all decision makers to varying methods of decision making. It allows decision makers to realize that in some cases people have much more in common than they might previously have thought. It does great things to attack stereotypes, which have been at the core of the impediment to our progress in this area.

Q. We’ve seen some amazing changes recently - with an African American president and attorney general, and a Democratic administration committed to promoting diversity in appointments. Are we in danger of becoming complacent in the private sector?

A. One of the issues that I think we are grappling with as a nation and in our profession in particular is this notion that there will be a day coming soon when issues of diversity will be an afterthought because we will have achieved perfect harmony. I think that the complacency is certainly a potential

byproduct of that notion that we have achieved, that we are there, that there’s nothing left to be done. I think that we as a nation have plenty left to do. There is a concern about complacency because when it comes to areas of equality and discrimination, generally, sometimes the emphasis is shifted from one group to another and that does not mean that the issue or the problem has gone away.

Q. The American Lawyer recently reported some backsliding in law firm diversity numbers, and it has always been challenging for firms to recruit, develop and retain for promotion a workforce as diverse as the country and the law school pool as a whole. Do you think that law firms generally do enough to promote diversity?

A. This is one of the issues I discuss with students and law firms alike. There are a finite number of minority group members in what the premier firms believe to be the elite schools. When I started at the firm in 1981, I could name every firm in New York City that had 50 or more lawyers and the number at that time was probably under 40. The number of firms that has more than 100 attorneys now is probably three times that number yet the number of African Americans in law schools has not necessarily increased. In my class at Harvard, we had 52 African Americans graduate in 1981. I do not believe there are 52 graduates from Harvard Law School this year, so part of the issue is just the numbers are not there. Additionally, there are many more opportunities for diverse lawyers and some have left law firm life for other pursuits. Now, is complacency another issue? Absolutely. There is a lack on the part of some firms to actively recruit Latinos, African Americans, Asian Americans, Native Americans and other groups that have been starkly underrepresented.

Q. What would you recommend to a firm that seriously does want to improve its diversity?

A. Having minority partners prominent in the firm governance and prominent in the firm’s billing helps attract minority and female associates because it signals to the legal community that this is a firm in which people can be successful. My law clerks want to see potential role models who have been successful at the firm. That success is a powerful inducement to join one firm as opposed to another.

Interview with Kramer Levin Alumnus Federal Circuit Judge Joseph A. Greenaway, Jr.

Judge Joseph A. Greenaway, Jr.

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On November 17th, in honor of National American Indian Heritage Month, Kramer Levin hosted guest speaker Professor Sandy Grande. Professor Grande discussed the Elouise Cobbell case, which is one of the largest and most complicated class-action lawsuits ever brought against the United States, and deals with the mismanagement of the Indian Trust Fund. She additionally discussed Indian tribal sovereignty as it relates to the case. Professor Grande also advised the group on her work with the Tecumseh Project. This project aims to advance a more inclusive and robust public discourse on Native Americans in New York City as well as on the challenges of achieving intellectual and political sovereignty across Indigenous communities globally.

Professor Grande, a Quechua woman, is Chair of the Education Department at Connecticut College and has conducted extensive research on American Indian Intellectualism.

On February 23, 2010, in honor of African American History Month, Kramer Levin hosted guest speaker Duane Hughes, Executive Director and Counsel at Morgan Stanley, to conduct a discussion on the elimination of bias. Mr. Hughes began this discussion with a summary of the book The Good Black, which he identified as a case of mismanaged diversity. Throughout the open discussion, participants were encouraged to think about factors that institutionally make it difficult for an individual to make progress, a concept Mr. Hughes noted as “built-in headwinds.” Specifically, he encouraged the group to think about cognitive bias, differential access to relationship capital and in-group favoritism. Additionally, he noted that all individuals have a responsibility for their own success

and people should be conscious, but not self-conscious, realistic and flexible, and must build relationships.

Duane Hughes is responsible for legal coverage for several structured products groups in Morgan Stanley’s capital markets practice.

On February 23rd, Kramer Levin hosted a discussion with Rabbi Sharon Shalom, an Ethiopian Israeli Rabbi. Highlights from the discussion included his journey across the Sudan before being sent to Israel alone as a young boy; serving as one of the first Ethiopian officers in an elite army unit; and studying Talmud at Bar-Ilan University, where he became the first Israeli of Ethiopian descent to teach. Rabbi Shalom lectures on Halacha, Minhag and Masoret in the Ethiopian community.

On March 1st, in honor of Women’s History Month, Kramer Levin hosted guest speaker Professor Sonia Katyal of Fordham University Law School. Professor Katyal’s discussion, entitled “The Intellectual Commons of Gender,” raised several points, including how the biology of gender is often treated as a property; the polarity behind male and female categories; how constructs of property theory are impacted by gender, and additionally how the law has not kept up with the changes in society.

Professor Katyal teaches in the areas of intellectual property and civil rights and her scholarly work focuses on intellectual property, civil rights (including gender and sexuality), and new media. n

Cultural Heritage Month Celebrations

DiversityDiversity

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As part of the Women’s Initiative, Kramer Levin sponsored a lunch and discussion in November 2009 on how women have successfully navigated the workplace while achieving workplace leadership and balance. The discussion featured Kramer Levin panelists Pam Capps, Tax Partner; Marjorie Sheldon, Litigation Special Counsel; Elizabeth Larsen, Land Use Associate; and Tamika Cushenberry, Tax Associate. The panelists shared their stories on networking, balance, work habits and other significant experiences that had an impact on their personal and professional lives. This lunch also included special guests from GW Women in Business student group, a unique organization at George Washington University that has been established to provide undergraduate women with the necessary tools to excel in the workforce and to create a network of “women helping women.”

On February 11, 2010, as part of the firm’s Women’s Initiative lunch program, Kramer Levin partner Cheryl Hader hosted a lunch for women attorneys. This group lunch was part of a series of lunches where Kramer Levin women attorneys have the opportunity to learn about practice areas, share tips for success, and discuss issues of interest to women in the law.

In February 2010, the Kramer Levin Women’s Initiative Committee coordinated Client Appreciation Week and encouraged all attorneys of the firm to host a business lunch with a client or potential client to express appreciation for the clients’ patronage and to strengthen attorney/client relationships. In conjunction with this program, the Committee coordinated a panel discussion that focused on business development during challenging economic times and the importance of business development efforts early in one’s career. Kramer Levin Litigation Partner Barry Berke, Corporate Partner Thomas Constance, Litigation Associate Melissa Prober as well as the firm’s Chief Marketing Officer Jody Maier, led the discussion for the attorneys and provided a perspective on the subject from individuals at different stages of their careers. n

The Kramer Levin LGBT Lawyers gathered in December 2009 for a year-end Holiday event at the home of Litigation Partner Norm Simon.

On January 27, 2010, The Affinity Group for Attorneys of Color kicked off a bi-monthly social series with a dinner at Negril Village in Greenwich Village. The group also had a cocktail event at the home of Corporate Partner Christopher Auguste on April 1, 2010.

On March 16, 2010, the Working Parents Affinity Group sponsored a parenting workshop for attorneys and staff at the firm. The “Parenting with Principles” program, led by author and therapist Debbie Pincus, was an interactive discussion focused on strengthening the connections found in positive relationships. Specifically,

Ms. Pincus encouraged parents to examine their role to their children and encouraged them to gain new ways to think and respond to family issues. n

Women’s Initiatives

Affinity Group Sponsored Events

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Editors

If you have any questions or would like more information concerning any of these topics, please contact:

Cindy B. Arnold 212.715.9371 Lauren Tapper 212.715.9287 Chief Human Resources Officer and Managing Director Director of Diversity carnold@kramerlevin.com ltapper@kramerlevin.com

Jody E. Maier 212.715.7612 Jeffrey S. Trachtman 212.715.9175 Chief Marketing Officer and Managing Director Partner, Chair of Pro Bono Committee jmaier@kramerlevin.com jtrachtman@kramerlevin.com

Diversity and Community Calendar

January 14, 2010 (Kramer Levin offices, New York)Kramer Levin hosted the Korean American Lawyers Association of Greater New York’s (KALAGNY) Mentor/Mentee Kick-off Reception at the firm’s office.

January 19, 2010 (Kramer Levin offices, New York)Internal Networking & Inclusion Event. Kramer Levin attorneys gathered in January to meet the attorneys of the 21st floor. This event is part of an ongoing series to encourage all attorneys to meet colleagues across the firm.

January 25, 2010 (The Hilton, New York, NY)Kramer Levin was a sponsor at the New York State Bar Association’s 7th Annual Celebrating Diversity in the Bar Reception (Hilton New York)

January 27, 2010 (Kramer Levin offices, New York)2010 Diversity Initiatives Meeting. Attorneys of the firm gathered over lunch to hear an update about the 2010 diversity initiatives. Diversity Committee Chair Christopher Auguste outlined the planned initiatives and Diversity Committee member Dannie Cho solicited additional membership and participation from associates. As a result of the meeting, five new associates joined the Diversity Committee:

Katrina Baker, Connie Chiang, Antonia Lee, Erica Klein and Lee Strock.

February 23, 2010 (Kramer Levin offices, New York)The firm hosted guest speaker Duane Hughes, Executive Director and Counsel at Morgan Stanley, to conduct a discussion on the elimination of bias in honor of African American History Month.

Kramer Levin hosted a discussion with Rabbi Sharon Shalom, an Ethiopian Israeli Rabbi.

March 1, 2010 (Kramer Levin offices, New York)Kramer Levin hosted guest speaker Fordham Law School Professor Sonia Katyal for a discussion on the Intellectual Commons of Gender in honor of Women’s History Month.

March 16, 2010 (Kramer Levin offices, New York)Kramer Levin hosted guest speaker Debbie Pincus for a discussion on Parenting with Principles.

April 2, 2010 (Kramer Levin offices, New York)Kramer Levin was a sponsor for the New York University Law School Women of Color Collective banquet.

April 27, 2010 (Kramer Levin offices, New York)Kramer Levin was a sponsor for the fourth annual Smooth Moves: Career Strategies for Attorneys of Color event.

May 24, 2010 (Kramer Levin offices, New York)In honor of Asian Pacific American Heritage Month, Kramer Levin hosted guest speaker Professor Margaret M. Chin of the City University of New York.

June 15, 2010Kramer Levin is a sponsor of the Annual New York City Bar Association’s LGBT Pride Month Reception (House of the Association).

June 17, 2010Kramer Levin is a sponsor of the ACLU LGBT & AIDS Project 12th Annual Reception.

June 24, 2010 (Kramer Levin offices, New York)In honor of LGBT Pride Month, Kramer Levin will host a discussion with the ACLU counsel for the Mississippi Prom case.

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