Fifth Circuit win sets post- deportation precedent

December 2012
Inside this issue:
Fifth Circuit win sets postdeportation precedent ................ 1
Attorney teams secure disability
payments for American veterans . 2
Nixon Peabody ‘answers the
call’ to help voters on election
hotline ........................................ 4
Partner gets Medicaid benefits
for local refugee family................ 5
Team facilitates affordable
housing deal for historic church
property...................................... 5
Attorneys work for equal justice
by supporting prisoners’ rights .... 6
Concerned citizens oppose
gravel mine with help of NP
legal team ................................... 8
LA lawyers ensure fair trial, just
result for criminal defendant ....... 9
DC office hosts UN Special
Rapporteur on extreme poverty
and human rights ...................... 10
Dan Hurteau honored
among 'Lawyers Who Lead
by Example '.............................. 11
New York City attorneys earn
pro bono honors ...................... 11
Fifth Circuit win sets postdeportation precedent
As part of the firm’s work with Boston College Law School’s Post-Deportation
Human Rights Project (PDHRP), Boston associate Ronaldo Rauseo-Ricupero,
Boston partner Maia Harris, and Boston associate Danielle McLaughlin won
an appeal before the Fifth Circuit Court of Appeals on behalf of a client who had
been barred from having his removal case reconsidered because he had already
been deported to Honduras. The decision sets important precedent on the right
of aliens to make a motion to reopen their deportation cases, regardless of
whether they are inside or outside the U.S.
The pro bono client, who had been a legal permanent resident of the U.S., was
detained and, on the basis of a since-pardoned minor conviction from years
earlier, which the immigration judge erroneously deemed to be an aggravated
felony, was eventually subjected to mandatory deportation.
Ronaldo, along with PDHRP supervising attorney Jessica Chicco as co-counsel,
argued before three Fifth Circuit judges that the Attorney General’s “postdeparture regulation” (8 C.F.R. Sec. 1003.23(b)), which bars deported persons
from filing a motion to reopen or reconsider once they have been removed from
the country, is invalid. A majority of the panel agreed and remanded the client’s
case to the Board of Immigration Appeals. The government’s subsequent petition
for panel rehearing was denied. The decision sets important precedent on the
right of aliens to make a motion to reopen their deportation cases, regardless of
whether they are inside or outside the U.S., and has already been relied upon as
precedent by another case
in that circuit.
“It was exhilarating to be
in the well when they were
peppering us with questions,”
says Ronaldo, who had
never before argued orally
before a U.S. Circuit Court
of Appeals. “It’s a credit to
everyone who worked on
this case that the court
understood our argument from the papers and we were able to use oral argument as a chance to
really advance our theory of the case.”
Ronaldo says he was fully prepared thanks to Danielle’s excellent brief writing and the strategic
guidance provided by Maia, who took time out of preparation for her own high-stakes trial to
travel to Louisiana with the team. Partner Fred Kelly also put together a day-long oral argument
preparation boot camp that proved particularly prescient. While peppering Ronaldo with questions,
Fred anticipated that the court might hone in on whether the client’s motion was filed on time,
even though it was not an issue directly on appeal. When the Fifth Circuit panel actually asked
those very questions, Ronaldo said he remembered Fred’s advice to “confront those facts clearly,
directly, and quickly”—without trying to resist the line of inquiry in a way that would belabor a
point that could take up valuable time and draw this court’s attention. He followed that advice and
was then able to pivot to other issues, and the oral argument went much more smoothly.
“Facing a hot bench, Ronaldo did an excellent job responding to all of their questions and, as a
result, came away with a precedent-setting victory,” says Maia, who attended the hearing, as well.
“He really handled himself well and gained great litigation experience in the process.”
From this experience, Ronaldo says he now feels more confident about his own oral advocacy
skills as well as his ability to assist in preparing others for arguments. “I have a much deeper
appreciation for the value of providing the court with a simple and clear metaphor,” he explains.
“The cases will guide you, but analogies also help to give the court comfort when reaching its
result.”
The client in Honduras was very pleased with the result and looks forward to continuing to pursue
his claim with the goal of eventually returning to the U.S., where his family remains.
Attorney teams secure disability payments
for American veterans
Iraq veteran earns 100% disability rating
Boston partner Joe Leghorn and associate Kathleen Ceglarski Burns
helped secure disability benefits for an Iraq war veteran after years of
denials and partial disability ratings. The client, a retired policeman who
previously served in the U.S. Navy in the 1970s, was deployed to Iraq in
2003 when his National Guard unit was called to active duty. He was
almost 50 years old at the time and experienced bouts of anxiety both
before and during his deployment, where he drove water trucks and
unarmed supply convoys between Kuwait and Iraq. When he returned
home, he was unable to work due to symptoms of anxiety and Post
Traumatic Stress Disorder (PTSD). In February 2005, he also suffered a
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stroke that has caused both long- and short-term memory impairment, impaired concentration,
and chronic fatigue.
Before his stroke, the client had applied for disability benefits on his own and received a 10%
disability rating for hearing impairment. But the Veterans Administration (VA) denied his
subsequent attempts to increase his disability rating because of PTSD and anxiety. The VA also
failed to find a service connection to the client’s stroke. The NP team intervened on the veteran’s
behalf with help from Alexander Jordan, a retired Nixon Peabody partner and veteran who helps
coordinate the firm’s involvement with veterans’ pro bono matters.
In 2009, Joe and Kathleen represented the client at a hearing before the Board of Veterans
Appeals. When President Obama passed new rules a year later making it easier to establish a
service connection to PTSD by removing the requirement that the veteran produce records
showing that veteran experienced a particularly stressful event during service, the NP team was
able to re-file the appeal. The veteran was initially a victim of a “Catch 22.” Because his PTSD
induced stroke affected his ability to recall the details of events in Iraq, he would not receive full
benefits. Bolstered by the new rule and the client’s medical and service history, they were able to
establish a service connection for his stroke and PTSD, and win an increased partial disability
rating. The team’s subsequent appeal finally resulted in a 100% disability rating.
The successful result brought to a close a four-year process, which had required the involvement
of both Senator Ted Kennedy’s office, and later Senator Scott Brown’s office, in efforts to
expedite the client’s appeal. The NP attorneys, who got to know the client and his family well, are
very pleased with the outcome for such a deserving veteran. Kathleen says she learned that getting
the right people on the phone is the key. “You have to file the appropriate paperwork,” she says,
“but following up with calls is important when you’re dealing with a large bureaucracy like the VA.
Of course, having the opportunity to help such a wonderful man and his family is immensely
gratifying.”
Vietnam veteran receives combat-related special compensation
Chicago associate Sorinel Cimpoes helped a Vietnam veteran receive combat-related special
compensation (CRSC) benefits for injuries he sustained in the war. CRSC is a program that allows
certain veterans to receive enhanced disability payments for combat-related disabilities. Historically,
Congress prohibited otherwise-qualified veterans from receiving full
compensation funded by two overlapping federal programs: (1) disability
retirement payments from the military service and (2) disability compensation
payments from the Department of Veterans Affairs. Instead, Congress
allowed payment of only the higher of the two payments. CRSC is a newly
created program that attempts to correct this limitation of payments, and
provides increased payments to qualified veterans.
The client was already on disability due to injuries stemming from a gunshot
wound to his ankle, as well as post-traumatic stress disorder (PTSD). He
reached out to the National Veterans Legal Services Program (NVLSP), which
brought in Nixon Peabody through its Lawyers Serving Warriors program. Sorin took the lead,
contacted the client, and helped him with his CRSC application.
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Although the client had solid records of his injuries from the Army’s records, applying for CRSC
was not without pressure. “You only get one shot with no appeals,” Sorin explains. “You either get
it, or you don’t.” Also, CRSC was primarily intended for veterans of the war in Afghanistan, so
applying on behalf of a Vietnam veteran was unique. Sorin reviewed the client’s extensive file, filled
out the CRSC application, and drafted and submitted a legal brief in support of the client’s case.
Thanks to Sorin’s efforts, the client’s application for CRSC benefits was approved in just a few
short months. The client received a retroactive benefit, and his monthly payments have already
started.
As a patent attorney, Sorin says it was interesting to experience a new area of the law—and very
gratifying to help out a veteran in need. “This case had a lot of meaning,” Sorin says. “Reading
through the facts and his history, I definitely saw how the war affected the client personally.”
Sorin says he could not have accomplished this without the help of partner Justin Swindells, who
supervised the matter and served as a sounding board, and assistance from paralegal Hope
Buckley and secretaries Pamela Woods and Laura Pokorny. “I received a lot of ‘thank yous’
from the client saying how much he appreciated everything we were able to do,” adds Sorin.
“Having a Vietnam war veteran say to you, ‘You are my hero,” leaves you speechless and extremely
humbled. It is not something my clients say to me when I’m drafting their patent applications.”
Nixon Peabody ‘answers the call’ to help
voters on election hotline
Nearly 30 volunteers from Nixon Peabody spent more than 225 pro bono
hours participating in non-partisan Election Protection efforts in connection
with the 2012 presidential election. Election Protection (EP) is a project of
the Lawyers’ Committee for Civil Rights Under Law, which is the largest nonpartisan voter protection coalition in the U.S. The NP volunteers staffed
voter hotline call centers before and during the November election,
answering questions about where to vote and voter registration, among
others. In 2012, the EP hotline (1-866-OUR-VOTE) took in almost 180,000
calls at 35 call centers across the country, including 126,000 on November 5
and 6 (Election Day).
Thank you to the following Nixon Peabody attorneys, paralegals, and staff
who engaged in election protection work: Andrew Loewinger, Charles
Jacobs, Christian McBurney, Deborah Schwartz, Mark Kreitman, Areta
Kupchyk, Jeffrey Lesk, Richard Goldstein, Jeffrey Costellia, Tushna
Gamadia, Cornelius Moynihan, Laura Golden, Edward Puerta, Amanda
Baker, Rebecca Simone, Victoria Donohue, Brooke Lane, Deirdre
Nash, Lindsey Nelson, Alexis Schrader, Paige Berges, Abigail Sterling
Olsen, Shady Joulani, Rachel Fischetti, Jasmine Cromeyer, Christina
Hart, and Linda Dean.
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Staffing the EP voter hotline is just one of the election-related pro bono efforts the firm has
participated in. Earlier this year, New York City Public Finance associate Abbie Sterling Olsen,
Washington DC partner Areta Kupchyk, and associate Amanda Baker worked with NP summer
associates who performed research and drafted state voting manuals. And Providence partner
Armando Batastini has volunteered to handle several election law matters for the American Civil
Liberties Union (ACLU) in Rhode Island.
Partner gets Medicaid benefits for
local refugee family
A Rochester attorney continued Nixon Peabody’s tradition of giving back to people in the
communities where we live and work by helping a refugee family get their father the Medicaid
benefits he needed.
The family, including several children, had fled to Macedonia when war came to Kosovo in the late
1990s. They eventually settled in the United States, where a Rochester-area church helped them get
settled. Real Estate partner Tom Greiner, a member of the church, met the family and learned
from one of the older daughters that their father was having difficulty qualifying for Medicaid
benefits despite having kidney disease that required dialysis. He had been rejected twice, largely due
to an inability to handle the complicated paperwork required in his Medicaid application. The
father’s issues were also impacting the family’s overall health, since the children could not get
regular dental and wellness care.
Tom stepped in and helped the father navigate the complicated Medicaid system. After five
months, the father’s application was finally approved. The family is thrilled by the result and
thankful for Tom’s outreach of support.
Team facilitates affordable housing
deal for historic church property
Nixon Peabody assisted the Planning Office for Urban Affairs, Inc., an affiliate of the Roman
Catholic Archdiocese of Boston, with the redevelopment of a former church property and campus
in Salem, Massachusetts. The property will be converted into a 51-unit affordable housing
development with a small commercial space. The project involves the demolition of the church
and convent buildings but will allow for the restoration and rehabilitation of the school and rectory
buildings, the only original structures at the campus.
Although the plan had been approved by the City of Salem, the project triggered a complex review
process known as a Section 106 review (named after Section 106 of the National Historic
Preservation Act) due to its location in a historic district. It involved consultation with the Salem
Historic Commission and other interested stakeholders, some of whom objected to the plan and
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sought alternatives. After a 15-month process, the Department of Housing and Urban
Development (HUD) agreed to the demolition of the buildings and construction of the project.
Boston partner Ruth Silman, one of the leading Section 106 attorneys in the commonwealth, was
invaluable in handling the historic preservation issues and assisting in negotiating with the city,
state, and several local groups to enable the project to proceed.
Once HUD released the funds, partner Paul Bouton and associates Ethan Ceplikas and Chris
Froeb began finalizing the project financing. They formed a condominium regime for the
property, negotiated equity and loan documents with investors and lenders, and closed funding for
the project’s approximately $20 million development.
The client is very appreciative of Nixon Peabody’s pro bono assistance on this important project,
which will help fill the area’s need for affordable rental housing in a gateway neighborhood.
Attorneys work for equal justice by
supporting prisoners’ rights
Disabled inmate secures accommodations, compensation
Partners Sheldon Smith and Chris Thomas, along with associate Lynnette NoguerasTrummer, were able to negotiate a favorable settlement for a New York State inmate suffering
from severe sensory disabilities in a case that was assigned to the firm by the U.S. District Court
for the Western District of New York.
The inmate, who is legally blind and requires assistive devices to read, claimed that
security officers were not allowing him accommodations for his disabilities while he was
placed in a special housing unit for those with behavior and/or mental health issues. He
asserted violations of the Americans with Disabilities Act (ADA) and the Rehabilitation
Act. He also alleged a forceful ejection from his cell through the use of chemical agents
was done in retaliation for grievances he had filed, and a violation of his Eighth
Amendment rights against cruel and unusual punishment.
The case presented many challenges, including the inmate’s personality and reputation
for having a short fuse, which made it difficult to deal with the prison and transfer
guards. Nixon Peabody was the third law firm assigned to the case due to the difficulties
presented. But the inmate responded well to the NP team, which was able to help keep
the client focused. They met with their client several times, conducted many depositions,
and handled several motions before the case ultimately settled just minutes from
opening statements on the day of trial. The client received some compensation and
accommodations, including goggles for the shower, a talking calculator, a reading scanner, and
large print materials for making library requests.
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The U.S. District Court for the Western District of New York recently presented its prestigious
Pro Bono Award to Sheldon in recognition of his work on this challenging prisoner’s rights case.
Successful settlement achieved after assault by prison guard
Associate Matt Frankel, together with associate Alexandra Devendra and partner Seth
Neulight, secured a favorable settlement for an inmate who brought a prisoner’s rights case in
federal court. Their client, a prisoner at California State Prison—Lancaster, alleged violations of his
Eighth Amendment rights, claiming he was the victim of an unwarranted assault by a prison guard.
After Nixon Peabody was assigned the case through the Federal Pro Bono Project, Matt and his
San Francisco-based team helped their client pursue a civil suit that he had previously filed against
the guard and a supervising officer. The NP team (which initially included former associate Adam
Wright) heavily litigated the case for a year and a half, deposing witnesses and conducting other
discovery, defending the client’s deposition, and handling challenging motion practice. Although
one of the defendants, the supervising officer, was ultimately dismissed from the case, the NP
attorneys got terrific hands-on experience in briefing and arguing against the supervising officer’s
motion for summary judgment, which was heard by the Honorable James S. Ware, then-Chief
Judge of the U.S. District Court for the Northern District of California.
Thereafter, the NP team was able to secure a reasonable monetary settlement for the client, who
recognized that going to trial could have proved challenging due to a number of factors, including
his criminal history. The client is pleased with the settlement, especially in light of the additional
challenges he faced from the beginning as a result of the Prison Litigation Reform Act (PLRA),
which makes it more difficult for inmates to effectively prosecute violations of their rights in court.
While the client was, impressively, able to navigate some of the procedural requirements himself
and even defeat the defendants’ initial attempt at summary judgment prior to the appointment of
NP as pro bono counsel, the NP team was gratified to have the opportunity to give him a leg up in
the legal process and to advance the interests of justice.
“This was a very rewarding experience,” says Matt. “We got to go to federal court and argue some
novel legal concepts in our summary judgment papers. Alexandra did a really nice job, Seth
provided some great guidance, and, in the end, we ended up with a positive outcome for the
client.”
Seth, who supervised the matter, praised Matt for taking the lead on all aspects of the litigation,
including fact investigation, discovery, motion practice, and settlement negotiations. “Matt received
great practical experience by working on this case. His strategic thinking, legal writing, and
communication skills were excellent,” Seth said. “Despite a host of significant challenges with the
facts and law governing the client’s claims, Matt did a terrific job and was able to obtain a
monetary settlement for which the client was very grateful.”
Chicago team resolves civil rights case against police
A team of Nixon Peabody’s Chicago lawyers earned a favorable settlement for a man who brought
civil rights claims against two Joliet, Illinois, police officers who arrested him in 2009 in connection
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with a reported burglary of automobiles. The man alleged that the officers applied excessive force
when they punched and kicked him in the face, groin, stomach, and side at gun point—all while he
was on the ground in handcuffs. He suffered for weeks with severe headaches, sensitivity to light
and sound, bruises on his left ribs, difficulty opening his jaw, and a swollen and bloodshot eye.
The man also claimed the officers used racial slurs,
violating his equal protection rights, and were deliberately
indifferent to his medical needs by initially refusing to take
him to the hospital when he said he needed help. He was
only taken to the hospital after a nurse at the detention
facility said she would not admit him in his condition.
Even at the hospital, the officers downplayed the client’s
injuries, preventing him from providing an accurate
description of his injuries and, as a result, from receiving
adequate care.
In March 2012, Judge George W. Lindberg, of the United
States District Court for the Northern District of Illinois,
appointed Chicago partner Mark Halligan to represent the man as pro bono counsel on his
Section 1983 action. Mark put together a litigation team including partner Jodi Rosen Wine;
associates Brad Taub, Lisa Yun, and Anthonie Moll; and paralegal Sarah Leonard. Together,
they jumped into the facts and conducted interviews of the client, several potential witnesses, and
treating doctors to try and piece together a story and develop a litigation strategy. Despite
challenges, the team was able to negotiate a favorable settlement for the client, who consistently
expressed his appreciation for all the team’s efforts and hard work.
While Mark remained involved at every level in this matter, including the settlement negotiations,
he credited Brad for taking on a leading role. “Brad is normally a patent prosecutor,” says Mark.
“He did an outstanding job, and I watched him grow into a real trial attorney.” All of the associates
on the team gained valuable litigation experience by conducting multiple client interviews, drafting
an amended complaint and other court filings, attending federal court hearings, presenting a
contested motion in open court, taking and defending depositions, corresponding with opposing
counsel, conducting discovery, and last but not least, negotiating a favorable settlement for the
client and dismissing the case. It was “a real team effort,” says Mark.
Concerned citizens oppose gravel mine
with help of NP legal team
Nixon Peabody attorneys have been helping a group of concerned citizens in a Rochester, New
York, suburb oppose the siting of a new sand and gravel mine in their town. A company seeking to
start the new mine has leased 50 acres in West Bloomfield, New York, adjacent to an existing
mine. The citizens, who live in subdivisions near the leased property, fear a new mine will bring
excessive noise, traffic, and dust to the area and have a detrimental effect on their residential
neighborhood.
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Rochester Real Estate partners Tom Greiner and Jared Lusk have spearheaded the firm’s multipronged representation of the citizens. Working with Real Estate associate Greg Nearpass, Tom
and Jared have attacked the permitting process from the state to the local level. After successfully
challenging the Department of Environmental Conservation (DEC) mining permit, they also got
the town to issue a moratorium on the permitting process for the mine while the town updated its
Comprehensive Plan. The team also worked to reform the town zoning ordinance so that it
prohibits mining in the proposed area.
The mining operation has since sued the town over its permitting
process, Comprehensive Plan, and zoning measures. Tom and Jared
continue to assist the citizens, along with Litigation associate Terence
Robinson, who has taken a lead role in helping the citizens intervene
in the litigation. Senior Environmental Health Engineer Libby Ford
also has helped immensely on the technical aspects throughout the
representation.
Although the matter is ongoing, residents of the town have said they
feel they now have a fighting chance, thanks to the firm’s pro bono
assistance. “You both are excellent lawyers, as well as devoted and
effective in helping a bunch of ordinary people and a small rural town
government stand up and succeed against some pretty powerful
business interests and their allies in state government,” said one of the clients, in a note to Tom
and Jared. “It is a very good thing that you have done, and people in the community know and
appreciate it.” In a note to the whole team, another resident wrote: “Every time I work in my
garden and hear birds singing instead of a grinding dump truck and breathe fresh air instead of
carbon monoxide I am grateful. There is no doubt that without your help there would be an active
open pit mine on Strong Road right now.”
LA lawyers ensure fair trial, just result for
criminal defendant
A pair of Nixon Peabody attorneys helped ensure that a criminal defendant’s Sixth Amendment
right to counsel was protected by defending her against drug charges and obtaining a just result.
The defendant, who admittedly had a rough childhood and was brought up in an abusive
environment, was charged with three serious federal charges related to selling drugs and
conspiracy. By the time of her trial at the U.S. District Court for the Central District of California,
she faced a mandatory minimum prison sentence of 10 years if convicted.
Los Angeles partner Jason Gonzalez and associate Michael Azat took on the case pro bono after
receiving it from the Federal Indigent Criminal Defense Panel. The evidence against the defendant
was circumstantial and based largely on the testimony of the government’s confidential informant
(CI). Jason and Michael worked hard to discredit the CI, who was also involved in criminal activity,
writing motions to exclude his testimony and compel more background information about him.
Ultimately, the CI said he could not positively identify the defendant in court. Jason and Michael
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further challenged the inadequacies of the government’s case by questioning whether or not the
government had the right person. They presented evidence showing the client never went by a
nickname the government said she used.
After a three-day trial and two days of jury deliberations, the jury deadlocked on two counts and
found the client not guilty on the third. When the government indicated it wanted to retry the
client on the two hanging counts, Jason was able to negotiate a deal with the client’s approval that
involved pleading guilty to a lesser offense. “It was a pretty dramatic reversal in fortunes,” he says.
“Instead of facing a 10-year mandatory minimum she is facing a four-year statutory maximum. It’s
a good result; justice prevailed.”
The case, which was Michael’s first federal trial, presented an excellent opportunity to hone his trial
skills. He delivered the opening statement and conducted the direct exam of one of the witnesses.
In addition to learning more about how the trial process works, Michael says, “I now have a better
understanding of what judges want to make their jobs easier.” He also got great experience
negotiating and speaking with the parties and clients. “Mike did great at trial, and he was very
instrumental in talking to the client about the negotiated deal,” says Jason.
Special thanks to Kim Taylor, who helped prepare discovery documents before trial.
DC office hosts UN Special Rapporteur
on extreme poverty and human rights
For the second year in a row, Nixon Peabody’s Washington, DC, office hosted a roundtable
discussion with the United Nations Special Rapporteur on extreme poverty and human rights,
Magdalena Sepúlveda Carmona (pictured). This year’s session, held in conjunction with the
National Law Center on Homelessness & Poverty, focused on implementing the new “Guiding
Principles on Extreme Poverty and Human Rights.”
DC attorneys Michael Reardon and Tatiana Gutierrez
Abendschein, who sits on the National Law Center’s Associate
Advisory Council, joined representatives from the United
Nations, the U.S. Department of Housing and Urban
Development (HUD), the Department of Justice, the
Department of State, and non-governmental organizations in a
discussion about access to justice in ongoing efforts to end and
prevent homelessness. They also offered suggestions for the
Rapporteur’s upcoming report.
The roundtable discussion continues Nixon Peabody’s
partnership with the National Law Center, a pro bono client
whose mission is to prevent and end homelessness by serving as the legal arm of the nationwide
movement to end homelessness.
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Dan Hurteau honored among ‘Lawyers
Who Lead by Example’
Congratulations to Albany Commercial Litigation partner Dan Hurteau for being recognized by
New York Law Journal among its 2012 “Lawyers Who Lead by Example.” Dan is one of 14
honorees who were recognized at a December 13 dinner for being “truly part of the solution,
demonstrating the highest level of commitment to their profession and their communities, tapping
their training, business acumen, creativity and humanity to solve legal problems for those in need,”
according to the NYLJ.
Dan was recognized for the quality and quantity of his work. He has been
among the top pro bono contributors within the firm for the last few years,
dedicating 132 hours of service to pro bono matters in 2011 alone. The NYLJ
highlighted Dan’s role as part of a team working pro bono on a Louisiana
death penalty case, his regular donation of legal services for the arts, his
leading role on the case of a mentally ill New Yorker entangled in a libel
action, his efforts to help an elderly woman secure her house, and his key role
in setting up a pro bono partnership between Nixon Peabody’s Albany
attorneys and the in-house legal department at General Electric’s Global Research Center in
Niskayuna, New York.
Dan has been a member of Nixon Peabody’s firmwide Pro Bono Committee since it was formed
in 2004. Outside the firm, Dan also serves as the Chair of the Pro Bono Committee at the Albany
County Bar Association and within the past year, he helped the New York State Bar Association
kick off its Pro Bono Week by participating on a panel discussion at the State Bar Center about pro
bono ethics issues.
New York City attorneys earn
pro bono honors
Congratulations to several of our New York City attorneys who were recently recognized by
outside organizations for their pro bono efforts.
Art Rosner, David Portal, and Bill Lang were each recognized by the Legal Aid Society as
recipients of the Society’s 2012 Pro Bono Publico Awards for outstanding service to the Society
and its clients. Every year, the Society recognizes the outstanding work of volunteer lawyers, law
firms, corporations, and other professionals who participate in the Society’s Pro Bono Program by
providing exceptional legal services to low-income New Yorkers.
Chris Desiderio received the Jeremy G. Epstein Award for Pro Bono Service from the New York
City Bar Justice Center for his participation in a consumer bankruptcy clinic where he was selected
as “the most outstanding volunteer” based on the quality and volume of his work, his leadership in
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support of pro bono, his commitment to the project and his clients, and his willingness to take on
challenging assignments.
David Portal and Joann Moolsintong were honored with 2012 Cornerstone Awards from the
Lawyers Alliance for New York, a leading provider of business and transactional legal services for
nonprofit organizations that are improving quality of life in New York City neighborhoods. They
were among the eight individual attorneys selected from more than 1,400 business and
transactional lawyers in Lawyers Alliance’s volunteer network. David and Joann were awarded this
Cornerstone honor for their “coordinated pro bono teamwork, extraordinary energy, and
willingness to help six nonprofit organizations navigate real estate law questions about leases and
license agreements.”
From left to right: Art Rosner, David Portal, Bill Lang, Chris Desiderio, and Joann
Moolsintong.
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