Thompson & Knight LLP

Transcription

1 1722 Routh Street Suite 1500 Dallas, TX Phone: (214) locations Austin, TX Dallas, TX Fort Worth, TX Houston, TX Los Angeles, CA New York, NY San Francisco, CA Algiers London Mexico City Monterrey Paris THE STATS. of Attorneys: 325. of Offices: 12 Managing Partner: Emily A. Parker Hiring Partner(s): David C. Schulte EMPLOYMENT CONTACT Lauren Shipley Recruiting Manager Phone: (214) MAJOR DEPARTMENTS & PRACTICES Bankruptcy and Restructuring Corporate and Securities Employment and Labor Environmental Finance Government/Regulatory Healthcare Intellectual Property Oil, Gas, and Energy Real Estate and Real Estate Finance Tax Law Trial 614

2 Who s Who Does the firm have one or more pro bono coordinators and/or partners? If so, how many? More than 3 Please provide a general description of how much of their time each of your pro bono coordinators and/or partners spends on pro bono work and/or administering the firm s pro bono program (e.g., less than half of their time, more than half of their time, all of their time). Less than half of their time. Please provide the primary pro bono contact(s) s information below. John R. Cohn Partner Phone: (214) [email protected] Does the firm have a pro bono committee? How often does the committee meet? The Firm s Committee meets on an as needed basis. Please describe the composition of the committee. The Firm s Pro Bono Committee is made up of partners in various offices. THE SCOOP Does your firm have a pro bono policy? Can associates bring pro bono matters of interest to the firm? nprofit incorporation/tax exemptions, nprofit intellectual property, Probate law, Real estate transactions Are there areas of law in which, as a matter of policy or practice, your firm does not perform pro bono work? ne List up to 10 of your firm s pro bono clients or partners since 2012, including legal service providers or clearinghouses. Dallas Volunteer Attorney Program Legal Aid of rthwest Texas Housing Crisis Center Houston Bar Association Legal Line Texas C-BAR Volunteer Legal Services of Central Texas East Dallas Legal Clinic South Dallas Legal Clinic Texas Lawyers for Texas Veterans Clinic New York City Bankruptcy Assistance Project List up to three representative examples of your firm s pro bono matters since Please limit your answer to a short paragraph per matter. South Dallas Legal Clinic: The Firm s secretaries and legal assistants assist low-income individuals by performing interviews and checking paperwork to ensure that the persons requesting assistance fall within the SDLC s guidelines. Once eligibility is established, our attorneys provide legal expertise to help address problems. Volunteer Legal Services of Central Texas: The Firm assists low-income individuals by providing volunteer attorneys to handle matters and by supporting and training attorneys for participation. Criminal Law Appointments: We actively pursue pro bono appointments representing prisoners at trial regarding alleged violations of their constitutional rights. How does the firm decide whether to take on a pro bono matter? Under general business intake principles and on whether the matter meets the definition of pro bono activity under state or ABA definitions. Has the firm signed on to the Law Firm Pro Bono Challenge? What are some of the areas of law in which your firm has performed pro bono legal work since 2012? Asylum, Bankruptcy, Employment, Fair housing/tenants rights, Family law, Indigent criminal defense, nprofit corporate law, List up to three pro bono matters that are highlights (e.g., a Supreme Court case). Please limit your answer to a short paragraph per matter. New York Bankruptcy and Restructuring Partner Ira Herman, with assistance from Houston Bankruptcy and Restructuring Associate Evelyn Breithaupt, authored an amicus brief for the New York City Bankruptcy Assistance Project (NYCBAP). NYCBAP filed the brief in the U.S. Court of Appeals for the Second Circuit to urge the Court to reverse the District Court s order in Mary Veronica Santiago-Monteverde v. John S. Pereira that granted the Chapter 7 Trustee s application to strike the Debtor s claimed exemption for the value of a New York City rent-stabilized lease. The brief submitted that allowing a trustee to assign Visit for company rankings, ratings and reviews to learn what it s really like to work in an industry or company and how to position yourself to land that job. 615

3 a rent-stabilized tenant s right to be free from a coerced eviction would eviscerate the protections of the New York rent stabilization statutes for Chapter 7 debtors. According to the brief, Mary Santiago-Monteverde has lived in her apartment in the Alphabet City section of lower Manhattan for over forty years. During that time, she dutifully paid her rent. When her husband died in June 2011, Ms. Santiago was unable to pay her debts and filed for Chapter 7 bankruptcy. Instead of receiving a fresh start, Ms. Santiago was confronted by an agreement between a bankruptcy trustee and her landlord to cause the involuntary surrender of her apartment. Herman argued that such an attempt is prohibited under applicable non-bankruptcy law, as any coerced agreement to surrender a rent-stabilized apartment is void. The lower courts erred in implicitly allowing the Trustee to assist the landlord s ultra vires attempt to coercively evict Ms. Santiago. Under New York City statutes, Ms. Santiago s rights under the rent-stabilization regime are not property rights that can be sold; they are personal rights. Moreover, even if the rent-stabilization rights were property rights, they are exempt, and the Trustee is not authorized to administer them. The NYCBAP provides free bankruptcy assistance to low-income residents of NYC, holding weekly workshops and helping debtors prepare and file Chapter 7 petitions. Herman serves as the Chair of the NYCBAP Steering Committee. We participate in a program offered by the United States District Court for the rthern District of Texas that appoints lawyers to represent civil litigants pro bono. We were appointed as pro bono counsel for the respondent in a Hague Convention case. Our representation involved a four-day bench trial in federal court. The case is currently on appeal. Gardens 4 Veterans ( G4V ) exists to work with lowincome Austin-area military veterans and their families to help install, maintain, and harvest chemical-free, organic vegetable and herb gardens. G4V feels that gardening results in an increased sense of self-reliance, self-sufficiency, and enhanced well-being. Volunteers help build and plant a vegetable herb garden, which may need to be raised above ground level to facilitate the physical needs of the gardeners. G4V also will support the gardeners for up to four growing seasons to help each gardener develop their green thumb. Thompson & Knight helped G4V obtain its charitable tax status with the IRS. Using the number of attorneys listed above, what is the average number of pro bono hours per attorney in your firm s U.S. office(s) during the following years? Average number of hours per attorney in 2012: 12 Average number of hours per attorney in 2013: 15 What percentage of attorneys employed during 2012 and 2013 in your firm s U.S. office(s) did at least 20 hours of pro bono during that calendar year? Percentage of attorneys who did pro bono work in 2012: 11 20% Percentage of attorneys who did pro bono work in 2013: 21 30% SUPERVISION AND EVALUATIONS Is there partner supervision on all pro bono matters? Do partner supervisors or, if applicable, senior associates provide written evaluations of associates work on pro bono matters? Are those evaluations taken into account in determining salary or bonuses?, they are taken into account when determining salary., they are taken into account when determining bonuses. Are those evaluations taken into account in determining advancement within the firm? Is there a pro bono requirement at your firm? Does the firm give billable hour credit for pro bono work? BY THE NUMBERS What is the total number of hours that lawyers at your U.S. office(s) spent performing pro bono legal services, as defined by the Law Firm Pro Bono Challenge, in 2012 and 2013? Do not include summer associate or non-lawyer pro bono hours in your answers. Total number of pro bono hours in 2012: 3,066 Total number of pro bono hours in 2013: 4,030 Does the firm have a maximum number of pro bono hours that can be applied toward the billable hour target? Does the firm consider pro bono hours when determining bonuses? What was the attorney headcount in your firm s U.S. offices? Number of attorneys as of December 31, 2012: 263 Number of attorneys as of December 31, 2013:

4 PRO BONO POINTS What training opportunities are open to associates working on pro bono matters? On occasion, the Firm hosts pro bono training, such as a lunch-time session on landlord-tenant law provided by the in-house counsel of the Housing Crisis Center. The Firm also presents an annual session to new attorneys on community involvement, which includes a discussion of the firm s pro bono policy and examples of different pro bono experiences of our attorneys. In addition, the Firm keeps attorneys apprised of training opportunities offered by the Dallas Volunteer Attorney Program and similar programs. Does the firm offer the use of support staff in handling pro bono matters? Please indicate how many total hours and average hours per person your summer associates spent performing pro bono in 2012 and Total hours summer associates spent on pro bono work 2012: : 23 Average hours per summer associate spent on pro bono work 2012: : 12 Percentage of summer associates in your firm s U.S. office(s) engaged in pro bono work 2012: 17% 2013: 11% Please provide any additional information about pro bono opportunities available to summer associates. Summer associates are invited to participate in all Firm related pro bono matters but do not record their pro bono time. Does the firm have established programs, such as externships, that enable its associates to work in a public interest setting? Please describe the established program(s) and their duration, if applicable. The Firm has an internship program with the Dallas County District Attorney s office. Up to two associates each year spend three months working as a prosecutor. The associate s billable hour requirement for the year is prorated to account for the three-month leave. What other law-related public interest and community service programs (that are not pro bono as defined by the Law Firm Pro Bono Challenge) do you offer and manage? For example, list any law school collaborations and public interest scholarships, auctions at law schools, monetary support, or fellowships. Through the years, the Firm has engaged in a number of activities reflecting our commitment to community. We have built houses for Habitat for Humanity, organized clothing drives for victims of natural disasters, and participated in various fundraising activities for organizations such as Court Appointed Special Advocate Association (CASA), the March of Dimes, Mothers Against Drunk Driving (MADD), the YMCA, and Susan G. Komen for the Cure. Through the Thompson & Knight Foundation, we lend financial support each year to hundreds of civic and charitable organizations promoting diversity, the arts, education, the elderly, health care, youth mentoring, and other similarly focused programs. The success of the Foundation, formed more than 20 years ago, is immeasurable. In 2013, the Firm, through its foundation, provided $738,733 in support of charitable, educational, and cultural activities. Thompson & Knight s support includes funding academic scholarships of four graduating students from Booker T. Washington School for the Visual and Performing Arts, the nationally renowned arts magnet school for the Dallas Independent School District, and further supporting the school by displaying student art in Thompson & Knight s Dallas office. The Firm also encourages and supports involvement with organizations that focus on the advancement and inclusion of ethnically diverse individuals and women in the legal community. What non-law related volunteer opportunities does your firm offer? For example, list any work with high school students and non-legal volunteerism for organizations like Habitat for Humanity. An example of our commitment to the community is our involvement with Habitat for Humanity. In coordination with the Dallas Bar Association s Habitat House build efforts, the Firm sponsors a build day annually. The Firm is committed to contributing to programs that benefit women and children of all ages and aid them in the fulfillment of their full potential. Thompson & Knight s Women s Initiative Group organized a Holiday Service Project to benefit Texas Scottish Rite Hospital for Children (TSRHC), a world leader in the treatment of pediatric conditions. TSRHC treats Texas children with orthopedic conditions, such as scoliosis, clubfoot, hand disorders, hip disorders, and limb length differences, as well as certain related neurological disorders and learning disorders. The Firm gathered toys and personally delivered gifts to TSRHC and raised more than $1,200 in donations for TSRHC. Thompson & Knight has contributed to March of Dimes Walk America in Dallas for more than 15 years. The Firm s attorneys Visit for company rankings, ratings and reviews to learn what it s really like to work in an industry or company and how to position yourself to land that job. 617

5 and other employees lead the initiative, organize a team, and raise pledges and awareness on behalf of the organization. In 2013, our Firm raised more than $6,000 for the March of Dimes. Our Firm is also an active supporter of the Leukemia & Lymphoma Society s Light The Night Walk, which funds therapies and treatments for blood cancer patients. In 2013 alone, we raised more than $35,000 for this campaign and won the Light the Night Walk Law Firm Challenge, raising the most overall funds out of seventeen participating Dallas Women s Foundation (DWF) law firms. The Firm is a Guild Member of Dress for Success Houston, a non-profit organization dedicated to promoting the economic independence of disadvantaged women by supplying career development tools and helping women find a job and remain employed. In addition to financial support, our staff organizes suit drives to collect professional interview attire for women and assists with staffing and coordination of various fundraising activities throughout the year. Thompson & Knight is a repeat sponsor of DWF s Annual Luncheon, their single largest fundraising event, ensuring that the Foundation is able to continue delivering services in concert with their mission for the advancement of women. DWF, a grant-making organization, raises funds to promote women s philanthropy and invest in community programs that address the unique needs of women and girls. The DWF provides the Firm a unique opportunity to support a multitude of grass-roots organizations similarly focused on positively impacting females. Please list any special recognition or awards your firm has won since 2012 for its pro bono work. Thompson & Knight is honored to be selected as the 2013 Texas C-BAR Pro Bono Leader. Texas C-BAR provides free legal assistance to Texas nonprofits working to improve the quality of life in low-income neighborhoods. We were recognized for our service to nonprofit clients needing assistance with incorporation, obtaining tax-exempt status, trademark and copyright issues, and independent contractor agreements, as well as HIPPA compliance issues and urban farmland use issues. In 2012, Thompson & Knight was selected as the Corporate Citizen of the Year by the Rotary Club of Dallas and D-CEO magazine. This award is given to a Dallas organization that best exhibits the Rotary motto Service Above Self. To be considered for this award, corporations must demonstrate an outstanding commitment to charitable and volunteer efforts throughout the Dallas community. Thompson & Knight has received numerous accolades and awards over the years from Volunteer Legal Services of Central Texas (VLS). VLS is dedicated to helping the overflow of low-income individuals seeking help from the local legal aid office. Its mission is to help low-income clients access the civil justice system by providing volunteer attorneys who donate free legal service and representation and by supporting and training those attorneys. Two Thompson & Knight attorneys were honored for their work in several cases, including a last minute case where our attorneys invested a significant amount of time for a client who was about to lose his home. Thompson & Knight has been recognized by the Dallas Volunteer Attorney Program (DVAP) and the Volunteer Center of Dallas Country for its contributions to pro bono. In July 2014, Partner John Cohn was recognized as one of DVAP s Finest for his involvement with the program for more than a decade. Please add any additional information about your firm s pro bono program. Pro bono and other community service activities are an important professional responsibility. Thompson & Knight s pro bono program benefits the public, the individuals we serve, and the development of our lawyers skills and sense of professional and public service. Our pro bono program provides assistance to those in our community who cannot otherwise afford legal services. The Dallas Volunteer Attorney Program has awarded the Firm five pro bono awards for the significant hours we spend in support of the South Dallas Legal Clinic (SDLC). The SDLC is a clinic for people who fall below the poverty guidelines. Thompson & Knight secretaries and legal assistants perform interviews and check paperwork to ensure that the persons requesting assistance fall within the SDLC s guidelines. Once eligibility is established, our attorneys visit with the individuals, providing legal expertise to help address problems. The Volunteer Center of Dallas County has honored the Firm for its work with the Housing Crisis Center (HCC) in Dallas. The HCC is dedicated to preventing homelessness and stabilizing families, the elderly, and the disabled in decent, affordable, and permanent housing. Clients who attend HCC s workshops require legal assistance to avoid wrongful evictions and address other tenant needs. Our attorneys have staffed this clinic once a month for more than 20 years. The New York City Bankruptcy Assistance Project (NYCBAP) was launched by the Legal Services of New York (LSNY) in response to the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which made it more difficult for consumers to obtain relief from debts through bankruptcy. Through NYCBAP, firms throughout New York City help low-wage workers file bankruptcy petitions in order to stabilize their lives and help them remain in the workforce. Through the years, the Firm has handled one or more contested matters for The New York City Bankruptcy Assistance Program and a Thompson & Knight attorney has received a Pro Bono Service Award from LSNY for his work on the NYCBAP Steering Committee. In addition to the few examples mentioned above, our pro bono legal work ranges from staffing legal clinics to the handling of adoption cases and from representing nonprofit organizations to handling death penalty cases. Because we believe that we have a professional responsibility to assure that the disadvantaged have access to our legal system, a substantial portion of our pro bono work is for the poor and underprivileged. We approach pro bono clients with the same service commitment that we give to our other clients. 618