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Pro Bono NewsSpring 2008

in this issue1 PepperLawyersWinKeyRulinginRepresentationofGuantanamoBayDetainee

2 NOVADocumentaryCapsMoreThanTwoYearsofCoverageofthe

‘IntelligentDesign’Case

3 Pepper’s2007ProBonoPerformance–AStatisticalPerspective

3 PepperLawyersHelpArmyVeteranObtainService-RelatedDisabilityBenefits

4 PepperLaunchesNewPracticeGrouptoAidAbusedImmigrants

4 OrangeCountyAssociatetoServeasProBonoGeneralCounseltoFriendsof

Taiwan

5 NewYorkOfficeAidsNonprofitWinKeyApprovalinQuestforSpecialConsultative

StatuswithUnitedNations

6 PepperPartnerswithDelawareCountyNonprofittoAidLow-IncomeResidents

6 PrincetonOfficeLaunchesPracticeGrouptoAidChildrenwithSeriousIllness

7 PrincetonLawyersFormMediationPracticeGroup

7 PepperHelpsDCAttorneyGeneralAddressImpactofTaxProgramon

Low-IncomeHousing

8 PepperAssistsNACDLwithTrademarkIssues

8 PepperLawyersTakeonJanitorialFranchisePractices

9 OrangeCountyTeamHelpsDefendFormerMarineSergeant

9 PepperAssistsNonprofitsonProgramComplianceIssues

10 PepperResolvesCivilRightsCaseAllegingDeliberateIndifferencetoMedicalNeeds

10 PepperTeamAidsNonprofitSupportingThoseinBereavement

11 PepperHostsCustodyConciliationSeminarandFormsCustodyConciliationPractice

Group

12 PittsburghTeamCompletesServicesforCommunityEconomicDevelopment

Initiative

13 DetroitLawyersSettleDifficultDisputeforNonprofitOrganization

13 WashingtonLawyersCreateScholarshipFoundationtoSupportEnlistedMarines

14 DomesticPartnerBenefitsAppealReachesMichiganSupremeCourt

15 PepperIsHonoredwith2007WilliamJ.BrennanAward

15 PepperLawyersHonoredatTwoPhiladelphiaEventsontheSameEvening

16 WilmingtonAssociateServesasGuardianAdLitemforYoungChild

16 PepperAttorneysAssistPrisonerinChildSupportMatter

17 BostonOfficeComestoAidofVictimofHurricaneKatrina

17 InMemoriam:GusBallard

18 NewPepperAssociatesandLateralsEmbraceProBono

19 SchmidtandThomasChosenfor2007WilliamR.KlausProBonoand

CommunityServiceAwards

20 ExelonLawyersTeamUpwithPepperLawyersinAidingLow-IncomeHomeowners

Pepper Lawyers Win Key Ruling in Representation of Guantanamo Bay Detainee

Since 2004, a team of Pepper lawyers, led by Charles Carpenter in Wash-ington, has been representing Hani Abdullah, a native of Yemen, detained at the U.S. facility at Guantanamo Bay, Cuba. In January 2005, Charlie and Pepper alumnus Stephen Truitt filed a habeas petition in the U.S. Dis-trict Court for the District of Colum-bia. Soon after filing, a second client – a Saudi – was added to the petition, but eventually sent home. Since 2006, Pepper also has represented a Palestin-ian detainee, Maher El Falesteny.

Since filing the habeas petition, Charlie and Steve have reviewed the unclassified and the classified summa-ries of the government’s contentions against Abdullah, and the unclassi-fied file concerning Falesteny. Partner Christopher Huber and associates Jason Karasik and Sapna Anderson of the Philadelphia office have joined the team, as well. Charlie and Chris have made several trips to Guantanamo Bay to meet with the clients.

In early 2007, the Pepper team ap-pealed to the Court of Appeals for the D.C. Circuit seeking production of the classified Falesteny file. The government side-stepped the appeal and designated Falesteny for release. Although that was in February 2007, Mr. Falesteny is still in custody. The

Carpenter

Huber

Anderson

Karasik

Pro Bono News Pro Bono News

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Pepper team is working on getting him asylum in a third-party country, and clearing his name through a petition in the D.C. Circuit under the Detainee Treatment Act.

Recently, Judge Richard W. Roberts, the presiding judge in Abdullah’s case, issued a ruling declaring that CIA inter-rogation videotapes destroyed in late 2005 may be relevant to Abdullah’s case. The videotapes, whose destruction was revealed in December 2007, showed harsh interrogation tactics used by CIA officers questioning two Al Qaeda suspects in 2002. At the time the tapes were destroyed, the government was subject to various court orders, including a July 2005 order by Judge Roberts, requiring that evidence relevant to terrorism and the U.S. detention center at Guantanamo Bay be retained. The Justice Department and Congress are investigating the destruction of the tapes.

NOVA Documentary Caps More Than Two Years of Coverage of the ‘Intelligent Design’ CasePepper’s pro bono representation of eight families in Kitzmiller v. Dover, the first legal challenge to teaching intelligent design in public school science classrooms, led not only to a landmark decision definitively declar-ing that such teaching violates the First Amendment, but also to an extraordinary range of media coverage, culmi-nating in a two-hour NOVA documentary broadcast in November 2007 on public television across the country.

Pepper partners Eric Rothchild and Steve Harvey were lead counsel for the plaintiffs, along with lawyers from the American Civil Liberties Union of Pennsylvania and Americans United for the Separation of Church and State. They were supported by a large trial team of Pep-per partners, associates, paralegals and the entire Harris-burg office. Details about the case, the participants and media coverage are online at www.pepperlaw.com/ pepper/pracarea/doverID/doverID.cfm.

The two-hour NOVA documentary featured a re-cre-ation of portions of the Kitzmiller bench trial, and interviews with participants in the trial, including several segments with Eric and Steve. Much of the key testimo-ny was highlighted, along with commentary by the trial lawyers, academics and parents.

The Dover opinion by U.S. District Judge John E. Jones, III was a complete vindica-tion for the parents represented by the Pepper-led team. The trial team agreed to cut by more than half the $2 million-plus in attorneys’ fees and costs for which it was entitled to apply. Of the remaining fees and costs, after each legal organization was reimbursed for its out-of-pocket expenses, the legal fees proportionate to their collective share of the work were directed to the ACLU and Americans United. Pep-per accepted no fees for its contribution to the matter.

Judge Roberts ruled that Pepper lawyers had made a preliminary showing that information obtained from one of the two detainees was relevant to Adbullah’s case and should not have been destroyed. He directed that the government submit a written report, detailing whether it destroyed evidence relating to the client’s case and to his continued detention at Guantanamo Bay. The report, originally due in mid-February, is now due to be submitted to the court by mid-March.


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Pepper’s 2007 Pro Bono Performance – A Statistical PerspectiveOne measure of Pepper’s pro bono performance in 2007 is a statistical one, and from that perspective, the firm expanded its pro bono efforts and commitment in several significant ways.

Participation rates by partners and associates improved. In 2007, 81 percent of all Pepper associates performed at least five hours of pro bono work, as compared to 75 percent of associates in 2006. Similarly, �7 percent of partners and counsel performed at least five hours of pro bono in 2007, a slight increase from the �6 percent of partners in 2006.

A measure used in various national pro bono surveys, including the AMLaw 200 survey, is the percentage of firm lawyers who perform at least 20 hours of pro bono in a calendar year. In 2007, 58 percent of Pepper associates performed at least 20 hours of pro bono service, a slight increase from 57 percent in 2006, while the percentage of partners and counsel doing at least 20 hours of pro bono increased from 21 percent to 2� percent.

In a year in which the number of Pepper lawyers and total billable hours grew rapidly, the number of pro bono hours increased as well, by 57 percent. In 2007, Pepper devoted the equivalent of 2.20 percent of its fee-billable hours to pro bono, an increase from 1.87 percent in 2006. The firm’s aspirational goal, as a participant in the national Law Firm Pro Bono Challenge, is to devote the equivalent of � percent of billable hours to pro bono.

In 2007, Pepper introduced seven new office pro bono practice groups: the Veterans Benefits practice group and the Immigrant Domestic Violence practice group in Phila-delphia; the Children’s SSI practice group and the Mercer County Bar Mediation practice group in Princeton; and three new practice groups in Pittsburgh: the Nonprofit Development group, the Custody Conciliation group and the Tangled Title group.

All practice groups are partnerships with court systems or public interest law centers. Pepper also launched its first firm-wide pro bono practice group: the Nonprofit Forma-tion and Tax practice group, co-chaired by Lisa Petkun and Jack Garfinkle.

Pepper Lawyers Help Army Veteran Obtain Service- Related Disability BenefitsLast spring, the Homeless Advocacy Project asked Pepper to assist a �5-year-old veteran of the conflicts in Iraq and Afghanistan in appealing the denial of his claim for service-related disability benefits. Joanna Cline and Deirdre McIn-erney agreed to pursue the veteran’s appeal.

While serving in the Army, the client began to suffer hal-lucinations and other symptoms manifesting paranoid schizophrenia. His personality is significantly altered from what it was before he entered the service, and for a period after his discharge, he was living on the streets, homeless. His mental health issues prevented him from maintaining a job, completing schooling or job training, or socializing with others.

The Veterans Administration (VA) denied the client’s original application, concluding that his disabling condi-tions were not connected to his military service. Joanna and Deirdre developed and submitted additional medical records, as well as affidavits from friends and family chal-lenging the VA’s conclusions. The Pepper team argued that while the veteran’s condition was not diagnosed before his discharge, he nonetheless showed clear signs of the disease while in the service. Pepper’s challenge was successful, and the VA awarded the veteran benefits at a rate of 70 percent, that is, based on the conclusion that the client’s disabilities were 70 percent caused by in-service activities.

While a 70 percent disability ruling was a significant vic-tory, Joanna and Deirdre remained convinced that the client was eligible for 100 percent benefits based on his individual unemployability. After the Pepper team submit-ted additional forms and evidence, the VA issued a decision in December finding that the client could not work, and granting him 100 percent disability benefits, retroactively.

The ruling was a complete victory for the client, who received $18,000 in retroactive benefits and had his ongo-ing payments more than doubled to $2,500 a month. The client continues to receive essential medical treatment and is no longer homeless. The benefits obtained by the Pepper team will go a long way towards allowing the client to live independently, maintain his mental health treatment and stabilize the other aspects of his life.


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In Spring 2007, Pepper launched a new pro bono practice group with a specific goal: aiding immigrants who have suffered domestic abuse at the hands of their U.S. citizen or permanent resident spouses. Philadelphia partner Kay Kyungsun Yu chairs the practice group, which assists individuals, primarily women, in filing “self-petitions” for independent legal status. Most Pepper volunteers to this group

are paralegals. Kay and other Pepper lawyers must “review and sign” the petitions.

The practice group responds to a serious need. At one time, physical and mental abuse of spouses entering the country under a partner’s work authorization was a hid-den problem, and many victims were fearful of report-ing abuse to police because their spouses threatened to “send them home” to their native countries if they did so. Congress recognized the dilemma by enacting the Violence Against Women Act, or VAWA, which provides an avenue to independent legal status in the U.S., thereby lifting the threat of deportation faced by many. While the VAWA statute opens the door, numerous difficulties remain for those seeking to file self-petitions, including language and education barriers and lack of familiarity with the U.S. legal system.

The Nationalities Service Center (NSC), a multi-service center for immigrants in Philadelphia, agreed to partner with Pepper to help meet the needs of hundreds of victims seeking VAWA status. NSC legal director Dennis Mulligan and VAWA coordinator Brenda Nogales came to Pepper and trained more than 20 paralegals in the sophisticated rules governing self-petitions. Paralegals interview appli-cants, gather records and assist in meeting the application requirements, often in consultation with Brenda and others at NSC. Petitions are then reviewed and signed by Pepper attorneys and filed.

Pepper Launches New Practice Group to Aid Abused Immigrants

Yu

The Immigrant Domestic Violence project is Pepper’s first pro bono practice group staffed primarily by paralegals and has aided more than 20 applicants thus far. Kay has active-ly recruited more volunteer attorneys and paralegals, and NSC advises that Pepper’s leadership has greatly increased their capacity for assisting this vulnerable population.

Orange County Associate to Serve as Pro Bono General Counsel to Friends of Taiwan

Jimmy Chen of the Orange County office has agreed to serve as an informal pro bono general counsel to Friends of Taiwan, Inc., a nonprofit organization whose mission is to engage in charitable, educational, community and social activities that promote understanding and appreciation of Taiwanese culture and Taiwanese-American heritage. As part of its work, Friends of Taiwan strives to encourage interaction among Taiwanese Americans and others with diverse ethnic and cultural backgrounds. The agency also seeks to expand public awareness of Taiwan, Taiwanese Americans and Taiwanese culture and heritage.

Jimmy’s role will be to handle the drafting and review of simple agreements with vendors, contractors, property owners and the like. His duties also will include ensuring that the organization adheres to all of its corporate gover-nance obligations.

Friends of Taiwan organizes various events throughout the year to accomplish its mission. Recent events include speeches by prominent leaders, including John Bolton, the former U.S. Representative to the United Nations, and Teresa Shaheen, the former chairperson of the American Institute in Taiwan, the de facto American embassy in Taiwan.

Jimmy anticipates that his pro bono services will form an excellent opportunity to show the members of the Friends of Taiwan board of directors, many of whom are promi-nent figures in the Taiwanese-American business commu-nity, the high quality of professional services rendered by Pepper lawyers in the Orange County office and through-out the firm.


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New York Office Aids Nonprofit Win Key Approval in Quest for Special Consultative Status with United Nations

Since late 2006, Talal Salaam and Adelene Tan in the New York office have been working to assist the Global Workers Justice Alliance, a nonprofit agency that promotes ac-cess to justice for migrant workers, in its effort to be granted “Special Con-sultative Status” with the United Nations and its Economic and Social Council, or ECOSOC. Under the overall authority of the General Assembly, ECO-SOC coordinates the economic and social work of the United Nations and the UN family of organizations.

ECOSOC plays a key role in fostering international cooperation for development projects, and regularly consults with non-governmental organizations, or NGOs, that have consultative status. Through this process, ECOSOC maintains a link between the United Nations and civil societies around the globe.

Global Workers’ director, Cathleen Caron, contacted Talal at the recommendation of a Villanova Law School professor with whom Talal worked as a law student in the Farmworker Legal Aid Clinic. Under the professor’s supervision, Talal helped another NGO, Latina Latino Critical Theory, or LatCrit, obtain spe-cial consultative status with ECOSOC in May 2006.

In counseling Global Workers and shepherding it through the process of applying for consultative status, Talal and Adelene conducted interviews, completed numerous ap-plications and conducted necessary due diligence on Global Workers’ behalf. Their efforts paid off in early 2008, when ECOSOC’s

committee on NGOs voted to recommend Global Workers for special consultative status. Final approval from ECOSOC is expected in July 2008.

Global Workers’ mission is to “combat migrant worker exploitation” by uniting host-country and “sending-country” advocates to assist each other in cases and policy reform for the benefit of farm workers and other migrant laborers. Global Workers began its work successfully in 2005 in the United States, Mexico and Guatemala. It plans to expand into other “migratory streams” crossing national borders, to help ensure sup-port for legal and policy reforms for the migrant com-munity. Global Workers hopes to leverage its policy reform efforts by working closely with the United Nations.

TanSalaam


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Pepper Partners with Delaware County Nonprofit to Aid Low-Income Residents

Pepper lawyers in Berwyn, led by John Zurawski, estab-lished in 2007 a partnership with Family and Community Service of Delaware County (FCSDC) to assist low-income HIV-infected individuals and their families in Delaware County with estate-planning needs. FCSDC is a nonprofit agency committed to providing basic social services to indi-viduals in need of mental health counseling, social counsel-ing and other general living assistance.

After John and Nikhil Heble represented their first cli-ents, FCSDC and Pepper began a discussion about a more integrated approach. Pepper lawyers have prepared wills, powers of attorney and advanced directives. Pepper also has agreed to handle other related legal issues, subject to attorney availability, such as landlord-tenant disputes and guardianship issues relating to the purchase and sale of real estate, for the benefit of disabled and dependent agency clients. FCSDC reports that Pepper’s pro bono efforts, combined with the professional services of the agency’s so-cial workers, have provided clients with a sense of empow-erment over the hopelessness that sometimes accompanies poverty and chronic illness.

To date, John, Nikhil, Andrew Snowden and David Dzara have provided pro bono assistance, under the supervision of Kathleen Stephenson.

In a related event last summer, a group of Berwyn summer associates, including Tara Pellicori, Kali Wellington, Will Wenneberg and Todd Boylan, prepared and delivered a legal seminar with John Zurawski for FCSDC case manag-ers. The seminar informed case managers about general legal issues relating to estate planning for the FCSDC client pool, including prioritizing the clients’ wishes relat-ing to child custody and property distribution. The Pepper team plans to present semi-annual educational seminars for potential clients on these and related issues, beginning in 2008.

Princeton Office Launches Practice Group to Aid Children With Serious Illness

The Princeton office launched its Children’s SSI pro bono practice group in the summer of 2007 to represent extremely disabled children and their parents. These families are in need of Supple-mental Security Income (SSI) benefits to help them cope with the economic consequences of ex-treme physical or other illness or disability. For these children and their families, the usual health care coverage is not enough to

cover their extraordinary health care and living expenses.

Jon Preziosi chairs the group, with support from Angelo Stio and Anthony Destribats, who are members of the firm’s Pro Bono Committee. In addition to Jon and An-thony, several Pepper lawyers, including Michael Canavan, Taryn Luciani, Stephanie Merk, Travis Nelson, Heather Oehlmann, Marissa Quigley and Audrey Wisotsky, as well as paralegals Aparna Bala and Maddie Zefferino, partici-pated in one or more trainings provided by South Jersey Legal Services (SJLS), a public interest law center that partners with Pepper on the project. SJLS conducts intake and screening for all cases, and then refers appropriate cases to Pepper. SJLS also provides forms and instructions, ongoing mentoring and other forms of continuing support to Pepper volunteers. Cases provide opportunities, includ-ing training, issue analysis, client contact, brief writing and oral argument before administrative law judges (ALJs).

South Jersey Legal Services Legal Director Lee Ginsberg, who conducted the training sessions, advises that obtaining SSI benefits can have critically important ancillary benefits for the children. By qualifying for SSI benefits, the children become eligible for medical care, special education and social services that supplement their ongoing treatment. In this way, obtaining SSI benefits can be a life-changing, and life-saving, event for many of the clients and their parents.

Preziosi


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Pepper Helps DC Attorney General Address Impact of Tax Program on Low-Income Housing

In response to a pro bono initiative organized by Bill Bethune, Pepper agreed last Spring to conduct a special research project for the Office of the Attorney General for the District of Columbia regarding the potential adverse impact of the district’s possessory in-terest tax on the operations of a key affordable housing program. The housing initiative, known as the Land Acquisition for Housing Development Opportuni-ties, or LAHDO, program, is designed to make more affordable housing available through long-term leases and other measures. Blair Schiff, working under the supervision of Shel Schreiberg, agreed to take on the project, in which Pepper reviewed applicable regula-tions and analyzed how the possessory tax, if applied to the LAHDO initiative, may have negative or unin-tended practical consequences on LAHDO’s ability to expand affordable housing in the district.

Blair, with the assistance of summer associate Dana Katz, analyzed the existing regulatory structure and developed specific suggestions for legislative amend-ments and other measures to address the anticipated negative consequences of the tax regime.

The pro bono research project was directed to Pepper after Bill Bethune and Pepper director of pro bono programs, Joe Sullivan, met with Chief Judge Rufus King III of the Superior Court of the District of Co-lumbia to discuss ways that Pepper could contribute pro bono services relating to housing and community economic development, for the benefit of low-income residents of the district.

Princeton Lawyers Form Mediation Practice Group

In May 2007, Pepper lawyers organized by Anthony Destribats formed a group to participate in a new media-tion program in the Superior Court in Mercer County. The program, called the Special Civil Part Bar Panel Program, uses the services of volunteer attorneys to mediate disputes in this part of the Superior Court.

All contested cases are scheduled for trial before a judge, and the parties, the vast majority of whom are self-repre-sented, are required to appear on the scheduled trial date. Before the start of trial, the case is assigned to a bar panel attorney for mediation. The neutral panelist discusses the case with the parties in an effort to reach settlement. If the case does settle, the panelist assists the parties in drafting the terms of settlement as necessary.

Also participating in the program are Michael Canavan, Jeff Carr, Melissa Chuderewicz, Patricia Lauch and Heather Oehlmann. Volunteers report that the program provides litigators an opportunity to hone their mediation and conciliation skills by working with litigants with a vari-ety of legal issues. The court has expressed its appreciation, from the bench, for the support Pepper volunteers have provided in helping to ensure access to justice.

Carr

Oehlmann Chuderewicz

Destribats Canavan

Lauch


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Pepper Lawyers Take on Janitorial Franchise Practices

In January 2008, Pepper concluded a year-long representation of a low-income client who had spent her life savings to “purchase” a cleaning franchise, only to learn that what she bought was much less than it appeared to be. The client soon found herself with virtually no customers and concluded that she had been defrauded. She went to Community Legal Services (CLS) in Philadelphia to seek help.

In 2006 and 2007, CLS had been contacted by a number of low-income immigrants with similar complaints, namely that they had been approached, often by mem-bers of their own ethnic groups, and convinced to “invest” in jani-torial businesses. Such franchises often appeal to low-income immi-grants who speak limited English and because they involve limited

start-up costs and experience to operate.

After CLS contacted Pepper, Matthew Pilcher agreed to help, with Jeremy Heep providing supervision. In the initial client interview, Matt and Jeremy learned that the client believed there were numerous violations of the franchise contract, including promises of ongoing cus-tomer support and contacts that the client considered to be worthless. Pepper investigated these allegations through interviews of numerous third party witnesses who corrobo-rated a number of aspects of the client’s account.

The franchise agreement mandated arbitration of all disputes, and the Pepper team put together a compre-hensive filing seeking damages for fraud and breach of contract. The franchisor filed motions to dismiss, which were denied. The parties proceeded to arbitration and, in the course of discovery, were able to reach a settlement for which the client was appreciative. CLS continues to handle a number of other such cases in an effort to bring unscru-pulous franchise practices against vulnerable immigrants to an end.

Pepper Assists NACDL with Trademark IssuesLast fall, the new in-house counsel at the National Asso-ciation of Criminal Defense Lawyers (NACDL) realized that the association was using a variety of marks, including variations on its core logo, without having applied to the U.S. Patent and Trademark Office to protect the marks.

NACDL approached Pepper for assistance, and Scott Spooner in Orange County agreed to assist. NACDL was seeking advice regarding general trademark strategies, and assistance in identifying its core marks as well as secondary and other valuable marks relating to its activities. NACDL recognized the importance of its marks as symbols of the organization’s good will, which is a valuable and tangible asset of any organization, including non-profits. Organiza-tions use trademark protections to avoid confusion in the marketplace and, in some cases, outright damage to the mark if misused by another entity with a different mission.

In addition to aiding NACDL in securing federal registra-tion for its core marks, Scott is conducting comprehensive searches as to secondary and collateral marks to ensure NACDL is not encroaching on the rights of any third par-ties. Pepper also is advising the national office as to dealing with state-level affiliates who may wish to use similar logos for their activities.

NACDL has more than 12,800 direct members, as well as another �5,000 members in its �4 state, local and interna-tional affiliates. Its purpose is to advance the mission of the nation’s criminal defense lawyers to ensure justice and due process for persons accused of crimes or other misconduct. NACDL’s national office is in Washington, DC. In addi-tion to supporting its members, NACDL advocates for issues of public importance; most recently, it called upon Congress to raise salaries for federal judges to keep pace with the cost of living and marketplace developments.

Scott lived in the Washington, D.C. area prior to join-ing Pepper’s Orange County office, and was familiar with NACDL when it approached Pepper for help.

Pilcher

Heep


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Orange County Team Helps Defend Former Marine SergeantJoseph Preis of the Orange County office, a former Marine and veteran of Operation Desert Storm and Somalia, is assisting in the defense of a Marine who has been charged with an alleged killing during a lengthy counterinsurgency operation in Fallujah, Iraq in November 2004. Joe is co-counsel with two crimi-nal defense lawyers, who are sole practitioners and also former Marines.

The client has been indicted with two counts of killing unknown individuals, John Doe #1 and John Doe #2, in Fallujah. At the time of the events, the client was a sergeant and squad leader. He led his squad for a nearly three-week operation, and was decorated for his ser-vice. On the day of the alleged incident, the client was rapidly moving his squad through treacherous house-to-house fighting. Although the case is at only the early stages of discovery, it appears that the indictment is based in part on a statement by another former Ma-rine who claimed to have witnessed the killing of four insurgents by the client’s squad after the insurgents had surrendered. Other accounts suggest that the insurgents were firing at the squad when they were killed. Dis-covery is underway and changes to the indictment are expected.

Joe and his co-counsel got active quickly in the case. Associate Becky Hsiao is working with Joe, conduct-

ing extensive research and drafting a discovery motion. Both Becky and Joe are working on motions raising jurisdiction and equal protection issues. Substantial ad-ditional discovery will be conducted.

At the time the charges arose, the client had no service time left, and no reserve time, and could not be called back to active duty. The Naval Criminal Investigation Service urged a civilian U.S. Attorney to bring charges against the client in civilian court, even though it had failed to convince the Marine Corps to do the same un-der military law while the client was still on active duty. When his enlistment ended, the client became a police officer in a California city. He was just one month from vesting as a permanent officer when he was charged. He has now moved back to his native New York, where he has taken on parenting chores while his wife works. He has no income since his termination from the Califor-nia police department following his July 2007 arrest.

The client has been charged under the Military Extra-territorial Jurisdiction Act. Joe reports that this is the first time that the Department of Justice has prosecuted a service member for an alleged killing in the heat of battle under that act. Joe advises that this is a case of first impression and may have a significant impact in military circles in the form of a chilling effect on speech, recruitment and fighting in war.

Pepper Assists Nonprofits on Program Compliance IssuesMaureen Dwyer of the Labor and Employment practice group recently assisted two non-profits who approached Pepper for guidance on compliance issues.

The Jesuit Volunteer Corp East (JVC East), asked for advice relating to health insurance obligations for its volunteers. The service organization recruits and supervises recent college graduates who serve for one or two years in a local agency working with the immediate needs of the poor. Maureen provided the requested advice regard-ing HIPAA and privacy issues and drafted a notice to the volunteers concerning health insurance. JVC’s executive director later wrote to Maureen, stating, “You gave us pre-

cisely the information and advice needed,” and that JVC is “grateful for your timely and invaluable assistance.”

At the same time, Maureen reviewed a memorandum of understanding between Centro Nueva Creacion (CNC) and another nonprofit that offered to provide CNC with financial services. CNC is a nonprofit community agency in the Fairhill section of Philadelphia that uses programs in education, community service, technology and the arts to aid low-income youth and families. After Maureen com-pleted the work, CNC’s executive director extended her thanks, adding, “Having someone like you for these types of things is so important for a small, poor organization like us – we truly appreciate it.”


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Pepper Resolves Civil Rights Case Alleging Deliberate Indifference to Medical NeedsIn early 2007, a federal judge in the Eastern District of Pennsylvania referred a prisoner’s self-prepared civil rights complaint to Pepper. DaQuana Carter and Charles Kocher, working with paralegal John Krawc-zyk, agreed to represent the prisoner in his claim that his Eighth Amendment and other constitutional rights had been violated at the Berks County prison. Tom Gallagher agreed to supervise the Pepper team.

The client claimed that the conditions of confinement at the prison were inadequate and that he became ill as a result. He alleged that the prison refused to provide medical attention or care after he became ill. Pepper’s client was housed in an “end cell” at the prison dur-ing the winter of 2005. The cell did not have any heat and the client became very sick as a result of staying in the cell for 22 hours a day for six weeks. He repeatedly complained to prison officials but they refused to move him, even though officials knew about a heating prob-lem with the end cells since 1��5.

Pepper Team Aids Nonprofit Supporting Those in Bereavement

Pepper launched an informal partnership in early 2007 with the Bayer Center for Nonprofit Management, an affiliate of Robert Morris University. Pepper accepts refer-rals through the Bayer Center from community groups deemed ready to incorporate as nonprofits and apply for tax-exempt status. Darcey Rhoades, a member of the firm’s Pro Bono Committee, spearheaded this effort, and Pepper hosted a training session that addressed the evaluation pro-cess and the impact that incorporation and tax exemption can have for groups serving the community.

Darcey agreed to assist an early referral, the Good Grief Center for Bereavement Support (GGC) in drafting the

DaQuana and Charlie took the depositions of several prison officials and medical staff. John created a useful outline and chronology after reviewing all the docu-ments and medical records produced by the prison in discovery. The prison filed a motion for summary judgment, arguing that our client could not prove his case, but the motion was denied. Officials then agreed to negotiate with the client, and the Pepper team was able to reach a successful settlement with the prison, for which the client was greatly appreciative.

Pepper participates, as do other large firms, in the Eastern District’s prisoner civil rights referral panel, through which judges appoint counsel from private firms to represent prisoners in cases where the facts and claims in the prisoner’s self-drafted complaint suggest that appointment of counsel is appropriate. Pepper had five such cases pending during calendar year 2007.

Matt Lund is managing a new effort in Detroit after the District Court for the Eastern District of Michigan began a similar program.

organizational documents, with assistance from summer associate David Aldous. GGC was created out of an exist-ing nonprofit organization, and David researched statutory requirements governing the separation of GGC from the larger entity. Paralegal Kristin Biehl assisted in filing the organizational documents and obtaining a tax ID num-ber for GGC. Darcey also drafted a Donation Agreement through which the “parent” organization will donate the assets currently used by GGC program to the new entity. Chuck Potter reviewed and evaluated the draft Donation Agreement. Courtney Murray stepped in to complete the final stages of the Donation Agreement and worked with


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Pepper Hosts Custody Conciliation Seminar and Forms Custody Conciliation Practice Group

As a member of the Pitts-burgh Pro Bono Partnership, Pepper hosted a training seminar in December for the partnership’s innovative Cus-tody Conciliation Project, designed to assist parents in amicably resolving custody disputes pending in the Allegheny County Court of Common Pleas, Family Divi-sion. Jim Singer and Darcey Rhoades, members of the firm’s Pro Bono Committee, helped to organize the event.

In Allegheny County, parents in custody disputes must first participate in a mediation ses-sion without counsel. If that fails to produce an agreement, parties may request a concili-ation session with a hearing

Rhoades

Singer

officer. While counsel are permitted to participate in conciliation, many parents are unrepresented, creating an imbalance where one parent has counsel and the other does not. The Custody Conciliation Project is designed to even the playing field by allowing parents unable to afford counsel to request a pro bono at-torney. Volunteer attorneys file a limited appearance praecipe, allowing them to enter their appearance for the conciliation only. The Family Law Section of the Allegheny County Bar Association provides mentors for all volunteers.

In addition to Darcey Rhoades, Beth Baran, Kelly Bryan, Jessica McWalter, Robert Muha, Ritu Singh and Amber Schuknecht, as well as Pepper pro bono di-rector Joe Sullivan, attended the training. The seminar, organized by the Allegheny County Bar Association and the Pro Bono Partnership, was conducted by Judge Alan Hertzberg of the Court of Common Pleas, Amy Ross, the court’s custody manager, and several experi-enced volunteers. Ritu Singh, Amber Schuknecht and Robert Muha were scheduled to participate in hearings this February.

the parent entity’s counsel to obtain attorney general ap-proval for the donation of assets.

Brienne Terril, an associate in the Intellectual Property practice group, is working to assign the GGC program logo from the parent entity to the new GGC. Once attor-ney general approval of the Donation Agreement and the logo assignment are obtained, Darcey and her colleagues will finalize and file the Sec. 501(c)(�) tax exemption ap-plication.

Pepper has accepted another referral from the Bayer Cen-ter, and anticipates that several other referrals on behalf of groups providing public and community services will be accepted in 2008.


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Pittsburgh Team Completes Services for Community Economic Development Initiative

A Pittsburgh team led by partner Ray Baum completed a yearlong transac-tional pro bono project in cooperation with the nonprofit Beaver Initiative for Growth, or BIG, and the Community Economic Development Clinic at the University of Pittsburgh School of Law. The project, called the Blight Re-duction Program, was conceived as a way to help distressed industrial areas of Beaver County, just outside Pitts-burgh, make an economic comeback. Beaver County was once a major man-ufacturing hub for products now pro-duced outside the United States. The Blight Reduction Program addressed various legal obstacles to redeveloping long-abandoned properties for future private economic ventures consistent with market demands and current economic trends.

A team of Pepper lawyers and paralegals, including Ray Baum, Peter Kogan, Amber Schuknecht, Kezia Taylor, Melissa Haluszczak, Tierney Richards and Bill Fahey worked to negotiate Options to Purchase agreements and to file Actions to Quiet Title, after which approximately 20 blighted properties were targeted for remediation and will be transferred to third parties for private economic development.

In December, Ray Baum received a letter from the Com-munity Economic Development Clinic (CED) at the law

school, thanking Pepper for its work on the program, which included cor-porate, real estate, tax and intellectual property assistance, among others.

Irene McLaughlin, the CED attorney who directed the legal aspects of the project, stated, “Pepper Hamilton’s pro bono assistance provided by Ray Baum and his associates has been ab-solutely critical to CED’s provision of these legal services. Pepper Hamilton expertise was provided consistently at every stage of this project.” The reme-diation and transfer of all 20 proper-ties should be completed sometime in calendar year 2008.

Pepper will participate in a new pub-lic-private Blight Reduction Task Force, organized by the City of Pittsburgh and co-sponsored by the CED clinic, to help low-income homeowners clear various title defects so they can qualify for low-interest loans and grants to repair their properties and remain in their communities. Ray Baum will chair the new practice group, in which lawyers and paralegals will work as teams to complete the transac-tional, real estate and other legal tasks required.

Pepper’s work in the BIG project inspired the creation of the new Tangled Title practice group.

Schuknecht

Kogan

Taylor

Baum


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Detroit Lawyers Settle Difficult Dispute for Nonprofit OrganizationA Pepper team led by Kay Kress and Jay VandeWyngearde settled, at the end of 2007, a longstanding dispute for client Matrix Human Services, a major nonprofit social services provider in the Detroit metro-politan area.

Several years ago, Matrix signed a guaranty for certain lease pay-ments that the Lundy Academy, a charter school, was obligated to make to the Roman Catholic Archdiocese of Detroit, which owned the building in which the charter school operated. The Lundy Academy vacated the facility before the expiration of a seven-year lease and ceased making lease payments to the Archdiocese, which then sued Matrix, seeking nearly $100,000 based on the Matrix guaranty ob-ligation. Matrix filed a third-party claim against the Lundy Academy based on indemnification grounds.

As all parties wanted to keep the litigation at a low profile, they agreed at Jay’s suggestion to conduct informal discov-ery, through which Matrix learned that the Archdiocese subsequently sold the building at a significant profit. Jay then argued that the Archdiocese had substantially miti-gated its damages, and that further damages would amount to a windfall. Using this information and a facilitator

agreed upon by the parties, Matrix was able to convince the Archdiocese to settle the matter for a small fraction of the amount originally sought in the complaint.

In a letter to Kay Kress, the chief financial officer of Ma-trix thanked Kay not only for her board service but also for Pepper’s aid in addressing the lawsuit against Matrix and the

Matrix third-party action against the Lundy Academy, not-ing that Pepper had “made a major contribution” to Matrix by work performed “graciously and with skill and commit-ment.” The Matrix CFO singled out Jay VandeWyngearde, noting that he “has been a devoted advocate for Matrix. We were particularly impressed by his strategic thinking and his attention to detail.” The CFO concluded that Jay and the Pepper firm “have Matrix’s unqualified recommen-dation as a highly skilled, client focused firm.”

Matrix, founded in 1�06, is one of the largest private, nonprofit social service organizations in Michigan; the agency is devoted to improving the quality of life for all ages, through a broad range of specialized services designed to support the entire family unit.

Kress VandeWyngearde

Washington Lawyers Create Scholarship Foundation to Support Enlisted MarinesSeveral lawyers in the Washington office stepped forward in response to a request to recognize and honor a Marine corporal who was killed in Iraq while protecting his fellow troops. The Corporal Jason L. Dunham Memorial Scholar-ship Foundation, Inc. is being created in honor of Corpo-ral Dunham, who was the first Marine to receive the Medal of Honor since Vietnam.

Pepper lawyers, including Charles Carpenter, Blair Schiff, Scott Fireison and Lance Jacobs, as well as law clerk Andrew Victor, have worked with Corporal Dunham’s parents and friends to create a scholarship foundation for

fellow enlisted Marines who have seen combat. The Pepper team has registered the foundation as a New York non-profit corporation, applied for federal tax exempt status under Section 501(c)(�) of the Internal Revenue Code and negotiated a lease for office space for the new foundation’s operations.

Funds raised by the foundation will be used to help pay for tuition, housing and other related expenses for enlisted Marines who attend college upon return from a combat zone.


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Domestic Partner Benefits Appeal Reaches Michigan Supreme Court

In 2005, a team of Pepper lawyers in Detroit, including Tom Wilc-zak, Matt Lund, Kurt Kissling and Amanda Shelton, won a trial court ruling that Michigan’s “Marriage Amendment” does not prohibit employers from providing domes-tic partner benefits, principally in the form of employee-paid health insurance, to same-sex domestic partners.

The amendment, enacted in a voter referendum in November 2004, states that the “union of one man and one woman in marriage shall be the only agreement rec-ognized as a marriage or a similar union for any purpose.” In ruling that the amendment does not preclude offering health benefits to domestic partners, the court held that health insurance and similar benefits are incidents of employ-ment and are unlike the many incidents of marriage.

In an appeal by the Michigan attorney general, howev-er, a panel of the Michigan Court of Appeals disagreed, adopting an interpretation of the words “similar union” in the amendment that held that the criteria in the ben-efits plans were similar to the criteria for marriage.

The panel ruled that the state may not offer health insurance or other benefits to the same-sex partners of employees because “by officially recognizing a same-sex union through the vehicle of a domestic partnership agreement, public employers give same-sex domestic

couples similar status to that of married couples.” The original Pepper team, joined by Scott Gorland, along with co-counsel at the ACLU of Michigan and other cooperating attorneys, appealed the decision to the Michigan Supreme Court.

In November 2007, the Su-preme Court held oral argu-ment, at which plaintiffs’ coun-sel, including ACLU attorney Deborah LaBelle, Pepper and cooperating counsel, maintained that health benefits, as an inci-dent of employment, are funda-mentally different from the more complex and comprehensive set

of rights and responsibilities associated with marriage.

At argument, several justices questioned the attorney general on whether providing same-sex couples with health benefits falls within the scope of the Mar-riage Amendment’s preamble, which declares the Amendment’s purpose to be: “To secure and preserve the benefits of marriage for our society and for future generations of children...” One justice repeatedly ob-served that marriage involves a “bundle of rights,” and questioned whether providing health benefits could be tantamount to a “similar union” when such benefits are only “one stick in the bundle.”

The court is expected to issue an opinion within the next several months.

SheltonKissling

LundWilczak


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Pepper Is Honored with 2007 William J. Brennan Award

Philadelphia Volunteers for the Indigent, or VIP, presented Pepper Hamilton with the 2007 William J. Brennan Award for distinguished pro bono service. In a letter to Bob Heideck, Philadelphia VIP’s executive director, Sara Woods, noted that the Brennan Award is VIP’s highest honor and is presented to law firms, and an individual, “accepting the greatest num-ber of referrals and providing

extraordinary service to VIP and its clients in a given year.” Tom Zemaitis also was presented with a VIPeople’s Choice Award for his longtime support of VIP, both as a board member and former board president, as well as a pro bono volunteer for many years.

Pepper accepts a wide variety of referrals from VIP, which is the central intake and referral agency of the Philadelphia Bar Association. Pepper’s signature project with VIP is the firm’s Tangled Title pro bono practice group, a multidisci-plinary group that represents very low income homeowners seeking to clear title to their homes, defend against fraudu-lent conveyances and resolve ancient tax and utility liens through negotiation of repayment terms and forgiveness of penalties and interest. Through this process, Pepper’s Tangled Title group, in partnership with VIP, assists in sav-ing homes, one at a time, and in so doing, helps preserve neighborhoods.

Kathleen Stephenson and Erik Videlock, chair emeri-tus and chair respectively, have led the practice group of roughly 25 partners, associates and paralegals from the litigation, commercial, real estate, tax, trusts and estates and other fee billable practice groups of the firm.

Pepper’s Tangled Title practice group is the largest private-firm practice group in Philadelphia, and lawyers from Exelon’s in-house legal department are working with Pep-per lawyers on several matters. VIP reports that, following Pepper’s lead, a number of large firms in Philadelphia have launched similar pro bono practice groups focusing on the housing needs of low-income Philadelphians.

Pepper Lawyers Honored at Two Philadelphia Events on The Same Evening

Pepper lawyers were recognized for pro bono efforts at two ceremonies in Philadelphia on January 17. Pepper Hamilton, along with attorneys Christopher J. Huber and Jason Karasik, received the Clifford Scott Green Bill of Rights Award from the Federal Bar Association, Criminal Law Committee, Philadelphia chapter for their dedication representing Guantanamo Bay detainees.

The award was presented at a ceremony at the Clifford Scott Green Bill of Rights Awards Dinner to honor those local members of the bar whose commitment to the legal profession most exemplifies the principles under which the Bill of Rights was founded. In addition to Chris and Bill, Charles Carpenter, Sapna Anderson and Pepper alumnus Steve Truitt have worked on behalf of detainees represented by Pepper. This year, the committee renamed the Philadelphia award in tribute to the late Judge Green, whose wisdom, integrity and compassion so emulated the principles of the Bill of Rights.

In a separate event at City Hall the same evening, the Philadelphia Court of Common Pleas pro bono awards committee honored the members of the private bar who participate in the court’s Landlord Tenant Liaison Com-mittee with one of the 2007 First Judicial District Pro Bono Publico Awards. Special counsel Joe Sullivan and other committee members were presented with inscribed desk clocks “in particular recognition of their work in the Civil Division of the Court of Common Pleas.”

The committee was recognized for several projects, includ-ing recommendations to amend and streamline procedural rules governing landlord-tenant hearings and to simplify forms and instructions. The committee is working on other projects that may be submitted to the Court of Common Pleas for approval, including a mediation program for landlord-tenant appeals that would utilize the pro bono services of experienced transactional lawyers with special training in mediation and dispute resolution techniques.

Zemaitis


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Wilmington Associate Serves As Guardian Ad Litem for Young Child

After training through the Office of the Child Advocate (OCA), Leigh-Anne Raport recently was assigned to represent a 2½ -year old child in a preliminary protec-tive hearing in Family Court in Wilmington. The child had been placed in the custody of the Division of Family Services (DFS) after the mother was arrested on traffic and assault charges.

At the time of the incident, the child was in the car but not in a car seat, and the mother was charged with endangering the child’s welfare. The child was placed in DFS custody because the mother did not provide any information about family members who could care for the child. The child’s father also has a pending charge of endangering the welfare of the same child, and there is a “no contact” order in place barring any communications between mother and father.

At the preliminary hearing, DFS must establish that proba-ble cause exists to believe that a child continues to be in ac-tual physical, mental or emotional danger, or at imminent risk of such harm, or that the child is abused, neglected or dependent. If the court determines that custody should remain with DFS, it will issue an order to that effect, with notice to the defendants of the date and time of an adjudi-catory hearing. The court also will seek other relief for the child, as appropriate, such as visitation arrangements and further exploration of possible placement with relatives. At the adjudicatory hearing, the court will make a formal determination as to whether custody should remain with DFS in the best interests of the child.

While Leigh-Anne will be handling her first case in this area, she has had exposure to these and other Family Court issues. As a Wolcott Fellow for the Delaware Supreme Court while a law student at Widener law school, she worked 20 hours a week for Justice Henry DuPont Ridgely, and conducted research, prepared bench memos and did other work relating to appeals from Family Court involv-ing abuse, neglect and termination of parental custody rights. This work was a factor prompting Leigh-Anne to seek training from the Office of Child Advocates in order to represent abused and neglected children on a pro bono basis.

Pepper Attorneys Assist Prisoner in Child Support Matter

In the summer of 2007, Justin Weber and Tom Schmidt in the Harrisburg office agreed to assist an incarcerated man in a complex child support matter.

The prisoner’s former wife filed a petition for child support and alleged that the prisoner, who was previously an accountant, should have child support imposed based on his earnings capacity as an accountant, de-spite the fact that he was unable to earn any income while in prison and his earnings capac-ity upon release was uncertain. Based on certain Pennsylvania Supreme Court precedent, the former wife argued that an earn-ings capacity-based obligation should be imposed immediately, so that the client would have child support arrearages upon his release from prison.

After Justin and Tom agreed to represent the prisoner, the parties entered into settlement discussions, through which the former wife agreed to drop her earnings capacity claim and not to seek any child support until Pepper’s client is released from prison and able to gain employment.

The former wife had been seeking support for their two children. Upon the client’s release, she would no lon-ger have been able to obtain support for the older child (because of his age). Therefore, as part of the settlement, the client agreed that, for a period of time after his release equal to half his term of incarceration, he would pay sup-port at the two-child rate. The former wife then withdrew her complaint in the York County Court of Common Pleas.

Schmidt

Weber


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Boston Office Comes to Aid Of Victim of Hurricane KatrinaLast year, shortly after joining Pepper’s Boston office as a lateral, Kristen Foley filed the second of two appeals to the Federal Emergency Management Agency (FEMA) on behalf of a Gulfport, Mississippi resident whose home was destroyed by Hurricane Katrina. Cary Levinson served as the case supervisor.

The client had received a settlement after the disaster, the bulk of which was applied directly to satisfy the balance of the mortgage on her property. The surplus was paid to the client, but it was insufficient to allow her to rebuild her home. The client applied to FEMA for relief, but FEMA denied her claim due to the insurance recovery.

In the first appeal, filed in June 2006, Kristen argued that the bulk of the insurance settlement resulted in a “forced payment” to the mortgage holder and should not count against the $10,500 maximum payment FEMA then au-thorized for “home replacement,” particularly as the insur-ance adjuster found the home was beyond repair. After the mortgage was paid off, the client had no house and only a small residual payment. Kristen argued that the client’s relief should be the difference between the $10,500 FEMA cap for “home replacement” and the residual payment the client actually received after the mortgage payoff.

In December 2006, FEMA issued an award that accepted the logic of Kristen’s argument, but awarded the difference between the smaller $5,200 “home repair” cap and the re-sidual insurance payment, or just under $1000, rather than the difference between the $10,500 cap and the residual payment, which would have been much more.

Kristen filed a second appeal in 2007, arguing that FEMA should have applied the higher home replacement cap, because the insurance adjuster deemed the home beyond repair. However, FEMA rejected the appeal because the FEMA inspector would not mark the home as “destroyed.” Kristen also had argued that, as a matter of equity, FEMA should retroactively apply a higher ceiling of $28,200 cre-ated by the Post-Katrina Emergency Management Reform Act, enacted in October 2006, because it reflected a Con-gressional acknowledgment that the earlier caps were much

too low. However, FEMA also refused to apply the new, higher limits to the client’s case.

Kristen reported that the client was grateful even for the smaller payment that she received, which she used to pay off various bills she had been struggling to pay since Hur-ricane Katrina. The client then received even better news, when a local church volunteer group offered to rebuild her home for free.

In MemoriamGus Ballard, a retired partner and former chairman of Pepper, died in 2008 at the age of 86. Mr. Ballard practiced with the firm for 47 years, his entire legal career. He was the chairman of the Business Depart-ment, now the Commercial Practice Department, and had extensive experience in corporate finance, mergers and acquisitions, shareholders’ meetings and proxy statements and corporate governance, among many other areas of business law. He served as chairman and co-chairman of the firm from 1�74 to 1�86, when he was named chairman emeritus.

In addition to his many other achievements, Mr. Bal-lard performed distinguished pro bono work. He was court-appointed co-counsel, with John D.M. Hamil-ton (the Hamilton in the firm’s name) in the trial of Harry Gold in 1�50. Gold was the courier between Klaus Fuchs, a member of the British delegation to the Manhattan Project during World War II, and the Russians in the delivery of information about the atom bomb, and later appeared as a lead government witness in the historic trial of Julius and Ethel Rosen-berg. Mr. Ballard continued to represent Gold during his many years of incarceration and after his release on parole in 1�66, and counseled him thereafter until Gold’s death in 1�72.

Mr. Ballard also served as president of the Mental Health Association of Southeastern Pennsylvania from 1�64 to 1�67.

Pepper Executive Partner Bob Heideck stated: “Gus was the epitome of a Philadelphia lawyer – he was a sagacious counselor and a gracious gentleman. We have lost a friend and a legend of the bar.”


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New Pepper Associates and Laterals Embrace Pro Bono

New Pepper lawyers, includ-ing first-year associates and laterals, have been stepping up to the pro bono plate in significant numbers.

Associate Greg Brabec in Berwyn, and Philadelphia as-sociates David Dzara, Kath-ryn Nordick, Justin Ricci and Lara Thane participated in Philadelphia VIP’s Oppor-tunities Day in November, and received training in homeownership issues for low-income residents. All five have joined Pepper’s Homeownership/Tangled Title pro bono practice group, and three have already taken on cases.

Nine associates, including Njeri Brown, Kathleen Huang and Julia Richie have joined the group in the last four months. In addition, bankruptcy partner Mike Reed has agreed to join practice group chair Erik Videlock and 10 other partners in supervising cases the group is handling that include clearing title defects, obtaining let-ters of administration and probating wills and establishing repayment plans for older tax and utility bills, among other forms of assistance.

In November 2007, Steve Harvey, chair of the Homeless Advocacy pro bono practice group invited Meg Retz, In-dependence Foundation Fellow at the Homeless Advocacy Project (HAP), to come to Pepper for a presentation titled Representing the Real Street Homeless.

For a number of months, Meg has been “riding circuit” with homeless outreach teams in the late evenings and early

morning in Code Red (ex-tremely warm) and Code Blue (extremely cold) situations, as they give coffee and blankets to the homeless. Meg seeks to assist them in gaining medical benefits, SSI and other forms of life-sustaining relief.

Among those attending were 1� new or returning lawyers, including Josh Aronovitch, Brian Berkley, Emmett

Hogan, Josh Johnson, Jason Karasik, Jen-nifer Lambert, Andrew Marble, Christopher Nickels, Jessica Rickabaugh, Noah Rob-bins, Dana Scott, Andy Siegel and Andrew Snowden. Most of these lawyers have commit-ted to handling pro bono matters through our bi-monthly legal clinics at St. John’s Hospice in Philadelphia, where Pepper volunteers meet clients and conduct intake, after which cases are assigned to practice group members.

Four new associates, David Dzara, Travis Nelson, Maureen O’Hara and Jessica Rickabaugh, at-tended a training program sponsored by the Support Center for Child Advocates to qualify for representing children in abuse and neglect cases in Philadelphia. These attorneys, along with lateral Patricia McCausland, have joined Pepper’s Child Advocacy pro bono practice group, a partnership with Child Advocates. Partner Debbie Cohen and associate Anne Marie Aaronson co-chair the Pepper practice group, which meets every other month to review pending cases, and address issues and questions that arise among volunteers handling cases.

Richie

HuangBrown


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Schmidt and Thomas Chosen for 2007 William R. Klaus Pro Bono And Community Service Awards

Pepper’s Tom Schmidt, of counsel in the Harrisburg office and Jim Thomas, partner in the Pitts-burgh office, were awarded the 2007 William R. Klaus Pro Bono Award and the 2007 William R. Klaus Community Service Award, respectively. The awards are Pepper’s signature honors for distinguished service to the larger community.

The awards are named for the late William R. Klaus, a former chairman of the firm, whose distinguished career included many pro bono, philanthropic and community service achievements. In addition to serving as Pepper co-chairman from 1��2 to 1��4, William Klaus was a founder of Community Legal Services in Philadelphia (CLS) and served as its Chairman from 1�66 to 1�85. He also served as Chancellor of the Philadelphia Bar Associa-tion and Chairman of the Philadelphia Foundation, among many other leading civic and community roles.

The Klaus Pro Bono Award is presented to an attorney with a record of distinguished legal service in the form of a single outstanding achievement for a pro bono client, or improving access to justice; a leading role in inspiring pro bono service by others; or a sustained record of pro bono representation over many years.

In selecting Tom Schmidt as the 2007 winner, Pepper col-leagues noted that Tom has a sustained record of pro bono since joining Pepper in 1�74. He served many years as president of the Pennsylvania ACLU, and as a Pepper part-ner and ACLU officer, he defended a number of prisoners on death row, challenging both the underlying convictions and imposition of the death penalty. In addition, Tom was recently honored by the U.S. District Court for the Middle District of Pennsylvania for outstanding service in success-fully mediating more than 15 cases by court appointment. Tom also was nominated in recognition of his key role

on Pepper’s team represent-ing parents and students in the landmark Kitzmiller v. Dover School District case, addressing “intelligent design” and the high school science curriculum.

The Klaus Community Service Award recognizes pre-eminent public and community service by a Pepper lawyer or staff mem-ber. Criteria include a singled

act of enduring value to the public good; a leading role in sustaining community service by others; or a sustained record of outstanding community service over many years.

In selecting Jim Thomas this year, Pepper colleagues cited Jim’s work since 1��7 as an active firefighter in the Bethel Park Volunteer Fire Company. Jim has fought numerous structural, vehicle and other fires, and at great personal risk, he has performed several rescues. Jim also was cited for his role in the South Hills Regional Rapid Interven-tion Team, a select group of specially-skilled and trained firefighters who respond to “mega” fires, and for which Jim is charged with rescuing firefighters who are trapped or in-jured. Jim also was cited for his work for children, through his leadership in the Make-A-Wish Foundation of Western Pennsylvania, where he has been fulfilling special wishes of children with life-threatening illnesses, helping them to have courage and joy in a difficult time.

Tom and Jim were honored at special ceremonies and pre-sented with engraved awards detailing their achievements. They also will have their names inscribed on Pepper’s Roll of Honor plaques for these awards, displayed in the offices where they practice. The firm also will donate $1,000 for each award to a nonprofit selected by each of the honorees.

ThomasSchmidt

Pro Bono News

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Exelon Lawyers Team Up with Pepper Lawyers in Aiding Low-Income HomeownersPepper developed a close working relationship on pro bono matters with a number of Exelon in-house lawyers over the course of 2007, focusing particularly on some of Philadel-phia’s neediest low-income homeowners.

Exelon attorneys, led by Associate General Counsel Kevin Stepanuk, have been attending the monthly meetings of Pepper’s Homeownership/Tangled Title practice group, to learn about the multiple kinds of “defects in title” low-income homeowners face. The defects block these clients from obtaining grants and loans to repair their homes and stay in their neighborhoods.

Pepper first launched the Tangled Title practice group in fall 2004, as a partnership with Philadelphia VIP’s Law-Works division, and has handled more than 40 cases since then. Kathleen Stephenson, of counsel, was the original chair of the group, now chaired by partner Erik Vide-lock. Between them, Kathleen and Erik have mentored more than 20 associates in tangled title cases, directly and through the monthly case meetings of the group.

Exelon lawyers have attended the meetings for more than a year, offering counsel on real estate and regulatory issues. Recently, Exelon lawyers agreed to take on three cases, in collaboration with Pepper associates. Exelon’s Jeff Simcox will work with David Dzara; John Halderman, a real estate specialist at Exelon will work with Justin Ricci; and Ver-dina Showell will work with Pepper associate Njeri Brown.

Kevin Stepanuk of Exelon leads the company’s pro bono efforts, and has collaborated with Pepper and other private firms on various projects. Most recently, he organized a massive birth certificate clinic with the Homeless Advocacy Project involving lawyers from Exelon and seven other cor-porations at which Ken Massey, on temporary assignment at Exelon, played a key role.

Pepper’s Homeownership/Tangled Title practice group includes partners and associates from the commercial liti-gation, construction, corporate and securities, bankruptcy, financial services, health effects, intellectual property, insur-ance, labor and employment, real estate, tax and trusts and

estates departments. The group is the largest such partner-ship sponsored by Philadelphia VIP at a major Philadel-phia firm.

Pro Bono News is published by the Pro Bono Committee of Pepper Hamilton llp.

Matthew H. AdlerWilliam J. BethuneDaQuana L. Carter Hope A. Comisky

Anthony J. Destribats David M. FournierAmy B. Ginensky

Stephen G. HarveyMatthew J. Lund

Darcey Livingston RhoadesThomas B. Schmidt, III

Barbara T. SicalidesJames M. Singer

Kathleen A. StephensonAngelo A. Stio, III

Joseph A. Sullivan, ChairCuyler H. Walker

Editor: Joseph A. Sullivan

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