For the public good. 2011 2012 pro bono Review

For the public good 2011 2012 pro bono Review

PRO BONO COMMITTEE Jacob Bernstein, Northern Virginia Jonathan Bockman, Northern Virginia Hillel Cohn, Los Angeles Peter Dopsch, New York Tara Dunn, Denver Dorothy Fernandez, San Francisco Sean Gates, Chair, Los Angeles Steve Keane, San Diego Patrick McCabe, San Francisco Barbara Mendelson, New York Sylvia Rivera, Los Angeles Tim Roughton, London Sean Ruff, Washington, D.C. Bob Salerno, Washington, D.C. Cassandra Swain, Palo Alto Bill Tarantino, San Francisco Kimberly Van Voorhis, Palo Alto Ron White, New York Drew Woodmansee, San Diego PRO BONO STAFF Jennifer K. Brown, Pro Bono Counsel Lynn Gastellum, Pro Bono Program Assistant Sandra Nazzal, Senior Pro Bono Coordinator Kathi Pugh, Senior Pro Bono Counsel Rachel Williams, Pro Bono Counsel Cover photo Josh Dick Photography/www.joshdickphoto.com

From the Firm Chair Dear Morrison & Foerster Community, Morrison 2011 & marked Foerster s the pro 25th bono anniversary program of has The had Morrison another outstanding & Foerster Foundation. year. One of the oldest law firm-affiliated charitable foundations in the United States, the Foundation has been giving Our behind-the-scenes work came to fruition when California s governor signed a law authorizing the back to the communities in which Morrison & Foerster personnel live and work since 1986. The Flexible Purpose Corporation as a new corporate form in California. Susan Mac Cormac, co-chair of Foundation is funded chiefly by Morrison & Foerster partners and receives additional support our Business Department, was a leader of the California Working Group for New Corporate Forms that from firm employees (and others). drafted this law to allow for-profit companies to establish social or environmental purposes in their charter documents In its and first place year, the those Foundation s purposes on charitable par with economic giving totaled gain $16,240. in the companies In 2011, we operations. donated $3.4 It was million, also a busy including year for more civil than rights $600,000 litigation. for After disaster three recovery years of efforts litigation, in Japan. a federal Over district the years, court we and the U.S. have Department contributed of over Justice $33 sided million with to our nonprofit client, organizations, federal employee primarily Karen at Golinski, the local and level. ruled We do that the federal not Defense make donations of Marriage for Act s business prohibition development on recognizing reasons. This same-sex commitment marriages to purely is unconstitutional. charitable This landmark giving ruling remains allowed one of Ms. the Golinski hallmarks to finally of Morrison add her & Foerster. wife to her employee health insurance plan. And, after We thank years the of challenging firm s partners the and U.S. many military s of its now-repealed employees for Don t their years Ask, of Don t support. Tell We policy, remain we successfully dedicated secured to making reinstatement a real difference, to active particularly duty for two for clients our communities who had been disadvantaged discharged under children that rule. They are and now for low-income serving proudly individuals as openly seeking gay members meaningful of the access armed to justice. forces. It is rewarding to work on matters that make headlines. But we are equally proud of our work on behalf As we embark on our next quarter century of charitable giving, we hope you share our pride in of individuals and nonprofit organizations that may never make the news. Providing more than 96,000 the Foundation s enduring commitment to our communities. hours of pro bono service in 2011, our lawyers helped low-income tenants remain in their homes, launched nonprofit organizations in the U.S. and abroad, fought government agencies for veterans benefits, assisted social entrepreneurs in protecting their intellectual property, gained legal status for asylum seekers and refugees escaping terrifying conditions in their home countries, and served many other clients in need. We are pleased to share some of our clients stories in this report. Paul T. Friedman, Chair Keith The C. Wetmore Morrison & Foerster Foundation Chair, Morrison & Foerster LLP

pro bono: a CORE value of MORRISON & FOERSTER

Inside 6 Promoting Civil and Constitutional Rights 10 Safeguarding Every Child s Right to Education 14 Helping Organizations Do Good 18 Sustaining the Planet 22 Making Systems Deliver for Individuals 26 Building Inclusive Communities 30 Enhancing Fairness in Criminal Justice 34 Reaching Beyond National Borders 38 Protecting Immigrants and Refugees 42 Awards and Rankings 44 Nonprofit Clients 46 Partner Organizations 2011 2012 Pro bono review 5

Liberty. Equality. Justice. 6 Morrison & Foerster

Promoting Civil and CONSTITuTIONAl Rights Liberty. Equality. Justice. The lawyers of Morrison & Foerster are privileged to represent pro bono clients as they ask the courts to give meaning to these abstract constitutional guarantees in the actual circumstances of people s lives. Ending Legal Discrimination on the Basis of Sexual Orientation The right of men and women to live free from bias on the basis of their sexual orientation has rapidly gained wide acceptance, with polls showing that a strong majority of Americans under 35 support equal rights for all. Morrison & Foerster s pro bono clients have been at the center of this sweeping social change, pressing key lawsuits to establish equality for lesbians and gay men. The firm s partners in these continuing efforts include Lambda Legal, the Servicemembers Legal Defense Network, the American Civil Liberties Union, and the National Center for Lesbian Rights. Karen Golinski, a federal employee who is married to another woman, finally has spousal health benefits as a result of a legal battle we have been waging since 2008. The victory came in early 2012, when a federal district court ruled that the Defense of Marriage Act (DOMA), a federal law that prohibits the U.S. government from recognizing same-sex marriages, is unconstitutional. The Golinski case took a dramatic turn in early 2011 when the Obama administration announced that it would no longer defend legal challenges to DOMA, and filed a brief agreeing with our position that DOMA denies equal protection of the law. Some congressional leaders intervened in the case to defend DOMA and the denial of insurance benefits, and they are now appealing the ruling we won. Ms. Golinski finally has insurance for her spouse and the dignity of being treated as an equal by her government. The next chapter in the story of the U.S. military s response to gay and lesbian soldiers is now being written, following the repeal of the widely discredited Don t Ask, Don t Tell policy, under which gay and lesbian members of the military were subject to discharge if their sexual orientation became known. Morrison & Foerster remains a central player in the drama. While Don t Ask, Don t Tell was still in effect, we filed suit seeking reinstatement for three men who had been discharged from the service for being gay. Two of the three have now returned to active duty, proudly serving their country once again. Another suit brought by MoFo to prevent the discharge of Air Force Lt. Col. Victor Fehrenbach was among the legal challenges credited with inducing the repeal of Don t Ask, Don t Tell in December 2010. 2011 2012 Pro bono review 7

Promoting Civil and Constitutional Rights I am honored and humbled to return to the service of my country and the job I love. I am grateful to my legal team and all of those in the armed forces who helped to facilitate this reinstatement. Staff Sgt. Anthony Loverde United States Air Force The Montana Supreme Court heard argument in early 2012 on a case we brought to win recognition and respect for the enduring relationships of same-sex couples in that state. This suit seeks not marriage rights Montana s constitution defines marriage as exclusively between a man and a woman but the establishment of domestic partnerships or a similar status that will provide same-sex couples with the same benefits and obligations that married heterosexual couples enjoy. In Tennessee, Morrison & Foerster lawyers are challenging the constitutionality of a state law that prohibits localities from adopting antidiscrimination provisions that are more protective than antidiscrimination provisions in state law, and retroactively voids all more protective local provisions. The state law was adopted quickly after the Metropolitan Government of Nashville and Davidson County enacted a local law requiring businesses that contract with the city to have an employment policy protecting against discrimination on the basis of gender identity or sexual orientation. State law does not prohibit such discrimination. Contesting Abortion Regulations A woman who has decided to end her pregnancy faces a new requirement if she seeks an abortion in the state of Texas: she is subjected to an ultrasound examination for the sole purpose of making her see and hear images of the developing embryo. In 2011, the firm partnered with the Center for Reproductive Rights to file a class action lawsuit against this statute. We contended that this law profoundly intrudes on the practice of medicine, forces physicians to deliver ideological speech to patients, and treats women as less than fully competent adults, in violation of constitutional guarantees including freedom of speech, privacy, equal protection of the laws, due process, and freedom from unreasonable searches and seizures. We won a preliminary injunction that limited the law s effect, but it was vacated by the Fifth Circuit Court of Appeals in early 2012. The district court then dismissed the case, strongly disagreeing with the Brendan Reed Associate, Corporate, Northern Virginia Morrison & Foerster s reputation for pro bono work was a core reason I joined the firm. Here, exemplary commitment to access to justice for all is not a slogan; it s an ethos that runs through the heart of what it means to practice law successfully. 8 Morrison & Foerster

Promoting Civil and Constitutional Rights Fifth Circuit s legal conclusions but recognizing them as binding. We continue to collaborate with the Center in considering challenges to other laws that restrict women s reproductive rights. Advancing Jury Trial Rights New York, like many other states, has enacted a law that sends certain sex offenders to involuntary confinement in a psychiatric institution after their prison terms end. In New York, the decision whether a convicted sex offender suffers from a mental abnormality is left to a jury, but a judge then decides whether to impose involuntary confinement. Morrison & Foerster lawyers represent a convicted sex offender who completed a six-year sentence for his crimes in 2006 and has remained involuntarily confined to a state psychiatric institution ever since. We are not challenging the state s authority to impose post-prison confinement on sex offenders. Rather, we contend that our client and other offenders are entitled under the state and federal constitutions to have a jury decide whether to keep them in custody based on their mental state. The case is pending before the New York Court of Appeals, the state s highest court. Janie Schulman Partner Litigation Los Angeles My most heart-wrenching pro bono matter was when I obtained an order that the adoptive parents of a threemonth-old baby (a kind minister and his wife) return the baby to my client who was the birth mother. My client was an undocumented immigrant from El Salvador who had been coerced into releasing her baby by an unscrupulous adoption organization. Since the baby probably would have had an easier life with the minister, my decision to take the case was not popular. But if I had it to do all over again, I would. I am proud that MoFo supports its lawyers in doing what is right even when it is not popular. 2011 2012 Pro bono review 9

fulfill potential 10 Morrison & Foerster

Safeguarding Every Child s Right to EduCATION The guarantee of a free and appropriate public education is a cornerstone of equal opportunity. Morrison & Foerster lawyers are profoundly engaged in making this guarantee meaningful for children of all incomes, talents, and abilities. We keep an eye out for those who are falling through the cracks of overstrained systems, and are proud to advocate for these children at every level, from administrative hearings to class action lawsuits, hoping to win them their best chance at fulfilling their potential. Protecting At-Risk Students from Teacher Layoffs A concentration of inexperienced teachers in schools that serve the neediest children is a common feature of urban school districts. As teachers gain tenure, they tend to transfer to schools with more resources and less challenging students. Then, when budget cuts force teacher layoffs, the last hired, first fired principle can decimate the teaching corps at the schools that are struggling the most. This was the case for three inner-city middle schools in Los Angeles that lost 40% of their teachers to layoffs in 2009, and faced similar cuts in 2010. Morrison & Foerster, joined by the American Civil Liberties Union of Southern California and the Public Counsel Law Center, stepped in to interrupt this dynamic. After filing Reed v. State of California, we won a halt to imminent layoffs with a court s finding that high teacher turnover devastates educational opportunity, and that new layoffs would violate the students right under the California constitution to equal educational opportunity. We reached a settlement with the school district to protect students at these and 42 additional at-risk schools from bearing the brunt of future layoffs, while also adopting new retention incentives for both teachers and administrators. An appeal by the local teachers union resulted in a ruling that the settlement is invalid, so we are now seeking review by the California Supreme Court. 2011 2012 Pro bono review 11

Safeguarding Every Child s Right to Education The spectacular result of Morrison & Foerster s advocacy is an opinion being hailed around the country for the important principle it reinforces: a difficult parent does not excuse a school district from its obligations to provide services and supports to children with disabilities. Jennifer Clarke Executive Director, Public Interest Law Center of Philadelphia Advocating for Students with Disabilities In the United States, the federal Individuals with Disabilities Education Act, known as IDEA, promises children with disabilities a free and appropriate public education in the least restrictive environment possible. A similar guarantee supports special education services in Great Britain. Morrison & Foerster attorneys continue the firm s long tradition of helping children reach their potential by advocating for special education services. In an important victory at the Ninth Circuit Court of Appeals, we prevailed on behalf of a child with autism against the Anchorage, Alaska school district for failing to provide him an appropriate education. We won reversal of the lower court, which had ruled that the school district was meeting the boy s needs, even though he was actually losing ground on key educational aims. Following this success, the school district agreed to fully fund the child s education throughout his school years and to repay his parents for the costs they incurred because the district didn t follow the law. Attorneys in our New York, Los Angeles, and London offices are working with families individually to help children with disabilities gain the free and appropriate education to which they are entitled. In New York, for instance, we helped a 16-year-old girl who was incarcerated gain special education services. We are also advocating for an 18-year-old who remains in the 9th grade because he has not received adequate assistance with his serious reading deficiencies. Kimberly Van Voorhis Partner, Litigation, Palo Alto My most memorable pro bono moment was the day the foster parent rate increases in California took effect. What was particularly rewarding was knowing that our victory had an impact on thousands of abused and neglected children across the state. Finally, the caretakers of these children were getting the money they needed to keep their foster children healthy, happy, and safe. I keep a scrapbook in my office filled with handwritten thank-you notes and pictures. When I come into my office it reminds me every day that these are real people with real problems, and through our pro bono efforts, we made the world a better place for them. So if you ever wonder why I do pro bono, I would say, Come by my office, and you ll see exactly why. 12 Morrison & Foerster

Safeguarding Every Child s Right to Education Eliminating Unconstitutional School Fees Struggling public schools may be tempted to balance their budgets by charging student fees for anything from extracurricular programs to required workbooks. At least in California, however, such fees have long been recognized as unlawful because they violate the state constitution s guarantee of free public schools. Morrison & Foerster has joined a local chapter of the American Civil Liberties Union to challenge these fees, in a lawsuit that is now underway in state court. Enhancing Parental Involvement in Education Parental involvement is one of the most powerful influences on a child s educational attainment. However, parents often lack information, understanding, and the confidence to engage with the school system and to advocate effectively for their children. Morrison & Foerster attorneys joined with pro bono attorneys around the country to contribute to a project organized by the national Lawyers Committee for Civil Rights Under Law to give parents the information they need to be successful advocates for their children in obtaining a quality education. Attorneys researched local regulations and procedures on special education, school discipline, dress codes, English-language learners, ability grouping, and graduation requirements in multiple jurisdictions. The Lawyers Committee and its partners are providing the research directly to local parents and advocacy groups, and to the public on the Parental Readiness and Empowerment Program website: www.parentalreadiness.org. Obrea Poindexter Partner Financial Services Washington, D.C. Pro bono work provides me with a much different kind of personal satisfaction than the work I do for other clients, because I know my pro bono clients could never afford to pay for our legal assistance. 2011 2012 Pro bono review 13

build capacity 14 Morrison & Foerster

Helping OrganizATIONS Do good Nonprofit organizations play an essential role in the United States and around the world in meeting basic human needs and enriching our lives. Not only does Morrison & Foerster routinely advise hundreds of nonprofits each year; the firm is also at the forefront of the movement to permit new corporate forms that allow businesses to have a double bottom line : making a profit and advancing social or environmental goals. Giving a Boost to Flexible Purpose Corporations On January 1, 2012, the Flexible Purpose Corporation came into being as a permissible corporate form in California. Morrison & Foerster was instrumental in this development, as a leader of the California Working Group for New Corporate Forms that drafted the law. A Flexible Purpose Corporation is a for-profit company that has established social and/ or environmental purposes in its charter documents, and that places those purposes on par with economic gain in the company s operations. This form gives entrepreneurs who want to combine traditional business goals with social betterment missions a choice beyond the usual nonprofit or for-profit dichotomy. A How-To Guide for Social Entrepreneurs Responding to the lively interest in social enterprise on both sides of the Atlantic, TrustLaw Connect, a pro bono clearinghouse organized by the Thomson Reuters Foundation, requested help in creating a Guide to Social Enterprise in England & Wales and the U.S. A group of Morrison & Foerster attorneys, based in London and San Diego, has taken on the project. The guide will describe possible legal structures for social enterprises in the target locations, including information on establishment, taxation, liabilities, and sources of finance. It will also offer case studies, templates, links to useful websites, and documents for use in the incorporation process. 2011 2012 Pro bono review 15

Helping Organizations Do Good The time and attention you put into reviewing all of our documents and making certain they meet both California law and best practices is greatly appreciated. Your efforts help to ensure that we will continue to provide meals with love to people in the Bay Area who so greatly need our services. Ed Lamberger Chair, Board of Directors Project Open Hand Carrying Out a Donor s Intent Many people make significant contributions to the nonprofit organizations they believe in by naming charities in their wills. When an individual attempted to thwart a deceased couple s intent to leave property to Didi Hirsch Mental Health Services in Los Angeles, Morrison & Foerster attorneys undertook what turned out to be a legal saga that was finally brought to a successful conclusion in 2012. The couple had created a trust for their mentally disabled son, with the remainder of the trust property designated to pass to the son s wife or children upon his death. If he died without a wife or children the balance would be donated to Didi Hirsch. The son, in his old age, was befriended by a woman who, at age 57, attempted to arrange for the son to adopt her as his daughter so that she would receive the trust proceeds once the son died. The adoption court denied the adoption petition but the woman persisted, petitioning the probate court for an order declaring her to be the equitable adoptee of the son who, by then, had passed away. In 2010, our attorneys obtained a court order establishing that, as a matter of law, the woman was not an equitable (or any other kind of) adoptee. The woman appealed. After argument, the California Court of Appeal affirmed and the California Supreme Court denied review, at last ensuring that the donors intent to benefit the suicide prevention program of Didi Hirsch was carried out. Preserving Community Resources The AIDS epidemic has inspired the creation of countless nonprofits to address the widely divergent needs of different communities affected by this disease. Some of these earlier-established organizations now struggle for survival, placing community members at risk of losing essential services. Morrison & Foerster attorneys in California advised the San Francisco AIDS Foundation as it took on the programs and employees of the STOP AIDS Project, formerly a separate organization. The deal broadens the scope of Sophie McGrath Of Counsel, Corporate, London In London, our social enterprise clients often require new and novel ways of using existing corporate forms to achieve their aims. This challenges us to work with them to develop such structures, knowing that in doing so we are promoting the growth of social enterprise in the UK. 16 Morrison & Foerster

Helping Organizations Do Good the San Francisco AIDS Foundation s programs, while enabling the community-based HIV education and prevention programs of the STOP AIDS Project to continue to serve the gay and bisexual population in San Francisco. Intellectual Property Protection Morrison & Foerster attorneys in San Francisco and Washington, D.C., provide extensive trademark assistance to nonprofit organizations, enabling them to protect the names and logos that become integral to their brand. Current trademark clients include Project Bandaloop, a dance company that has pioneered vertical performance on the sides of buildings and natural landmarks; Invisible Children, which uses film and social action to aid war-affected children in central Africa; and the Breast Cancer Emergency Fund, which is seeking to protect its musical fundraiser, Beats for Boobs. Using New Technologies to Address an Old Problem Hollaback! takes a novel approach to an old problem, using mobile technology to fight back against sexual harassment on city streets. The organization s website offers a forum for victims to share stories and provide data about street harassment so that they can map locations where such incidents occur, creating a crowd-sourced initiative to end street harassment. Morrison & Foerster attorneys are advising Hollaback! on its corporate structure and intellectual property issues. Peter Dopsch Partner Financial Transactions New York As a business lawyer whose pro bono matters are mostly for nonprofit entities, I see the benefits of our work in the small day-to-day victories we help our clients achieve a real estate lease for new space, a successful financing transaction to provide more liquidity, a contract for the development of a new program. While these projects may lack the flash of successful impact litigation, they are nevertheless important to our clients and a source of real satisfaction to us as lawyers. 2011 2012 Pro bono review 17

A HEALTHY ENVIRONMENT 18 Morrison & Foerster

Sustaining the Planet Devising ways for humans to leave a lighter footprint on Planet Earth is a challenge that demands creative solutions. From protecting the Sierra Nevada mountains to spreading solar technology in East Africa, Morrison & Foerster lawyers work with nonprofit partners toward a healthier and more sustainable future. Supporting Conservation in the Amazon Basin Attorneys from Morrison & Foerster offices in Washington, D.C., and San Francisco are involved in two projects to support conservation in the vast and vital Amazon Basin: We are again assisting the Amazon Conservation Association, which is a U.S.-based nonprofit organization that works in Peru and Bolivia to conserve the biological diversity of the Amazon. In a new matter for the group, we are establishing a trust fund through which the International Conservation Fund of Canada will support the Association s conservation projects in the Amazon Basin. We are advising our long-term client, The Nature Conservancy, on the conversion of a pioneering carbon credit project in Bolivia into a conservation project. Some years ago, The Nature Conservancy joined an agreement with government, nonprofit, and private companies to purchase mining concessions to significantly expand a national park. The anticipated carbon credit benefits for the private companies did not materialize. We are now advising The Nature Conservancy on transforming the original project into a long-term collaboration that would continue to support the expanded national park. Designing a Healthier Environment Morrison & Foerster attorneys are providing critical business and intellectual property expertise to social entrepreneurs tackling ubiquitous environmental challenges with new, affordable household technologies. Prakti Design Lab in India designs and distributes fuel-efficient, clean-burning cook stoves that could transform the lives of three billion of the world s poorest people, who rely on biomass and inefficient, smoky stoves to cook their daily meals. Angaza Design is improving the quality of life in East Africa with pay-as-you-go solar technology. Its solar-powered household lighting and charging system runs clean, bright LED lights, charges cell phones, and powers radios, saving customers money now used to buy kerosene and batteries, while raising their productivity at night and improving their health and education. 2011 2012 Pro bono review 19

Sustaining the Planet We wouldn t be here if MoFo hadn t helped us incorporate, set up our governance, and taught us what we needed to know to become a fish-buying organization. Larry Collins President San Francisco Community Fishing Association Building a Sustainable Fishery In a refreshing story of cooperation for the common good, familyowned fishing businesses in the San Francisco Bay Area that want to pass down a sustainable enterprise to future generations have teamed up with environmentalists who want to maintain a healthy marine ecosystem, and the result is a community fishing enterprise that gives buyers direct access to fresh, locally caught seafood. After more than five years of work with Morrison & Foerster lawyers to determine an appropriate structure and establish functional governance procedures, the San Francisco Community Fishing Association, a fish-marketing association owned by local fishermen, is now open for business and selling fish on the wholesale market. Preserving a Park and Endangered Wildlife Clashes between human use and wildlife often appear to present an obvious solution: eliminate the human use and the wildlife will thrive. But the case of Sharp Park Golf Course near San Francisco suggests that the obvious solution is not always the correct one. Several environmental organizations sued the City of San Francisco to close most of this renowned historic golf course, where modest greens fees, classic design, and spectacular scenery provide a unique recreational opportunity to the public. The organizations claim that the course endangers the habitat of San Francisco garter snakes and California red-legged frogs. Morrison & Foerster intervened in the suit on behalf of the nonprofit San Francisco Public Golf Alliance, to join the City and County of San Francisco in defending the course. Our experts studies showed that closing the golf course would probably decrease the populations of both animals, as uncontrolled growth of invasive vegetation, increased predator populations, and other hazards took their toll. On the basis of this evidence, the federal district court rejected the plaintiffs request for a preliminary injunction to close most of the course, and the case is now on hold while the U.S. Fish and Wildlife Service evaluates the City s plan to Susan Mac Cormac Partner, Corporate, San Francisco I believe that with money and education comes heightened social responsibility. Here at MoFo we can provide legal services on a pro bono basis to really effect change on the local level to the dispossessed in our communities and on a global level to organizations that are implementing programs to combat poverty, disease, and (closest to my heart) environmental degradation. 20 Morrison & Foerster

Sustaining the Planet mitigate any impact of the golf course on these species. MoFo s work is keeping this affordable public course open to its economically and ethnically diverse users while ensuring appropriate measures to protect its animal life, allowing these valued species and a valued human use to continue to co-exist. Protecting the High Sierra Two adjoining national parks, Sequoia and Kings Canyon, were created to protect the delicate alpine environment of the High Sierra the portion of the Sierra Nevada range in California that includes Mt. Whitney, the highest point in the continental United States. Yet the National Park Service has long authorized commercial pack-horse operations that threaten the area and its wilderness character. These businesses bring vacationers and their gear for overnight trips high into the mountains, where horses and mules graze on fragile meadows. Morrison & Foerster represents the High Sierra Hikers Association in a lawsuit that challenges the Park Service s practice of granting permits to these operations without adequately assessing their environmental impact. A court recently ruled that the Park Service has been issuing these permits without meeting its obligation under the federal Wilderness Act to first determine the extent of need if any for commercial services in wilderness areas. Before the court could determine the remedy for this violation, a law was rushed through Congress authorizing the Park Service to issue stock animal permits at levels it deems appropriate. The court ordered an interim remedy that reduces stock use levels by 20% and requires the Park Service to take a fresh, comprehensive look at all aspects of stock use as it develops a new Wilderness Stewardship Plan. The impact of the new law on the court s ruling is now being determined. Gabe Meister Partner Technology Transactions Tokyo I m a technology licensing attorney and I have done pro bono work throughout my legal career. I try to help organizations that have a huge impact on people s lives but that could never afford our services. Who knew I could make such a difference the ROI for our pro bono work is incalculable! 2011 2012 Pro bono review 21

bridging the gap 22 Morrison & Foerster

Making SySTEMS Deliver FOR Individuals The benevolent ambitions of government aid programs too often fail to deliver help to the people who need it most. Nonprofit service providers strive to fill the gaps, but their resources, too, are stretched to the limit. Whether the clients are veterans striving to receive care for the injuries of war or foster parents struggling to raise troubled children with inadequate government support, Morrison & Foerster lawyers are ready to step in to hold government accountable to its promises. Implementing Tax Savings for the Working Poor The Earned Income Tax Credit (EITC) is widely recognized as one of the most potent anti-poverty programs in the country. It rewards qualified low-income wage earners with a tax credit that not only reduces income tax bills, but can also result in a refund, bolstering family incomes. The policy organization New York Appleseed identified a problem with that state s EITC, however: people who receive their wages from sources that do not provide to them W-2 or 1099 forms, such as many hairdressers, house cleaners, taxicab drivers, and child care providers, find it difficult to establish their entitlement to the credit. Morrison & Foerster s State and Local Tax Group worked with Appleseed and state tax officials on this problem. The result: guidance that our team wrote will be used by the state for broad outreach to help cash earners record and report their income and expenses so they can claim the credits that they are due. The effort is spreading, as our lawyers are now engaged with Connecticut Appleseed to address similar issues should they arise under Connecticut s recently enacted EITC program. Easing Financial Hardship London litigation attorneys successfully settled a case on behalf of a low-income security guard originally from Cameroon who became unemployed after his employer lost a contract to provide security services. Under automatic transfer regulations that apply in the UK, our client s employment potentially transferred from his original employer to the second contractor and then to a third contractor some months later. But when the three potential employers did not agree on whether his employment continued, and each declined responsibility for the wages and payments 2011 2012 Pro bono review 23

Making Systems Deliver for Individuals he was owed, our client faced extreme financial distress. The settlement has eased our client s financial hardship while he looks for a new job. Addressing Foster Care Abuses in Nevada Children who are removed from their parents and placed in foster care should be able to count on the government to keep them safe. But the 3,600 children in foster care in Clark County, Nevada home to Las Vegas have no such guarantee; rather, more than 10 studies since 2003 have documented the government s failure to protect these vulnerable children s health, safety, and wellbeing. Responding to instances of horrendous abuse and neglect suffered by children in foster care, Morrison & Foerster and the National Center for Youth Law filed a federal lawsuit against state and county child welfare officials, as well as Clark County. Our clients are 13 children who have suffered incalculable harm while in foster care. The suit s goal is to compensate these children for the injuries they have endured and to enforce laws enacted for their protection. The suit was dismissed by the federal district court in 2010, but in early 2012, the Ninth Circuit Court of Appeals reinstated the case. Seeking Timely Treatment and Compensation for Injured Veterans For nearly five years, Morrison & Foerster lawyers representing the group Veterans for Common Sense have tried to hold the federal Department of Veterans Affairs accountable for its grave deficiencies in providing medical care and benefits to injured servicemembers. As soldiers with critical mental health needs are forced onto waiting lists for psychological care, many cycle into self destruction and violence, with suicide the far too common result. Injured veterans seeking disability benefits sometimes live in poverty as they wait years for their disability claims to be decided. In 2011, a panel of the Ninth Circuit Court of Appeals ruled that these delays in providing mental health care and adjudicating service-connected death and disability claims violate veterans rights to receive the care and benefits they are guaranteed by statute for harms and injuries sustained while serving our country. Unfortunately, the ruling was subsequently reversed by an en banc panel of the court. While the ultimate legal outcome of the suit remains uncertain, this case already has promoted awareness of the tragic plight of many returning veterans and led to increased hiring of mental health care workers and other vital reforms. Disability Rights Advocates is our co-counsel on the case. Obtaining Medical Care for Soldiers Used as Guinea Pigs In another ongoing lawsuit, we seek relief for now-aging veterans who were secretly used decades ago while in the military as unknowing test subjects for chemical and biological agents. The testing program was run by the military and the CIA from the early 1950s until at least 1976, when it was suspended after congressional hearings. But decades later, its victims who were exposed to substances like LSD, plague bacterium, anthrax, and nerve gas continue to suffer terrifying flashbacks, mood swings, memory loss, anxiety, and a host of physical ailments. The lawsuit seeks no money damages, just information for victims about the substances they were exposed to, appropriate medical care, and a release from the secrecy oaths our clients took long ago. I really felt a duty to my country to go and serve. Things were different back then. You believed in your government. And you just wouldn t think they would give you something that would harm you intentionally. Tim Josephs, Client 24 Morrison & Foerster

Making Systems Deliver for Individuals Bridging the Civil Justice Gap The civil justice gap is the gaping chasm between the need for free and low-cost legal services and their availability a chasm that results in millions of people across the country attempting to represent themselves in legal matters such as obtaining child support, seeking protection from domestic violence, or getting disability benefits. Morrison & Foerster lawyers work closely with legal services providers in many different settings to help low-income people with their pressing legal needs. In Washington, D.C., our attorneys represent clients with serious disabilities whose claims for federal disability benefits have been denied. Recent clients have included a man who is disabled by extreme obesity, arthritis, and crippling pain from gunshot wounds in his legs, and a woman experiencing severe effects from HIV disease and struggling with bipolar disorder. Winning these benefits significantly ameliorates the severe poverty that has afflicted clients because of their inability to work. Through a partnership with Public Counsel, Los Angeles attorneys are helping families seeking to adopt developmentally disabled children finalize those adoptions. They are also helping the parents advocate for the social services to which they are entitled, enabling them to properly care for the new members of their family. New York business lawyers are representing low-income individuals in applying for federally authorized discharges from student loan debt. Our clients have been scammed by illegitimate trade schools that exist not to help people build skills and obtain jobs, but to exploit federally guaranteed student loan programs. Clients are referred by the Neighborhood Economic Development Advocacy Project. Domestic violence victims in desperate need of protective orders are assisted by Morrison & Foerster attorneys in Washington, D.C., San Francisco, and Palo Alto. In New York, attorneys are also representing an immigrant victim of domestic violence in appealing a child support award that was wrongfully entered against her. Our client was unrepresented by an attorney for the first two years of the family court proceedings, and because of this and her severely limited English, she had little comprehension of the significance of the proceedings. San Francisco attorneys represented a forklift operator in his fourday employment discrimination trial. The team volunteered to take on the client s case on the Thursday before a Tuesday trial date and sprang into action, ensuring that the client did not face his federal jury trial without counsel. Attorneys from our San Francisco office are helping grandparents and others who offer safe, supportive homes establish legal guardianship of children whose parents have been debilitated by drug abuse or life-threatening illness. New York attorneys participate in court-sponsored brief advice programs, to help unrepresented litigants understand the judicial proceedings they are involved in and counsel them on how best to present their cases. 2011 2012 Pro bono review 25

diverse lives 26 Morrison & Foerster

Building Inclusive CommuNITIES On the surface, diverse communities seem simply to exist. In reality, however, constant tending may be needed to maintain space within a community for its neediest members, or those who simply seem different. As Morrison & Foerster lawyers fight for minority religions, speak up for those without homes, and advocate for services that keep the elderly out of institutions, we help diversity within communities to thrive. Saving Community-Based Health Services in California Helping people with special needs, such as the elderly and people with disabilities, get community-based services is sound public policy. Not only does this approach save money when compared to institutional care, but it allows individuals to stay in their homes, and preserves diversity in the community. Despite these benefits, California tried repeatedly to eliminate its Adult Day Health Care (ADHC) programs. Designed for elderly and disabled individuals who are one step away from institutionalization, ADHC programs provide a range of daily medical and rehabilitative services in a single, supportive outpatient environment. Morrison & Foerster attorneys participated in earlier rounds of litigation against ADHC cuts by representing organizations with amicus briefs. Then the firm stepped up its role, joining forces with Disability Rights California, the National Health Law Project, the National Senior Citizens Law Center, and the AARP Foundation to represent the plaintiffs directly. The result: a settlement that ensures community-based services will continue for elderly and severely disabled low-income individuals who need them in California, thereby securing a victory for the plaintiffs, and for common sense. Preventing the Criminalization of Homelessness Advocates for the homeless contend that municipalities increasingly use laws that prohibit activities like sleeping in public to criminalize homelessness. Morrison & Foerster helped a group of homeless people in Arcata, California, fight back against this trend. The group had filed a lawsuit contending that local laws and policies criminalized homelessness in violation of their constitutional rights. They also sought damages for personal property that was seized during a protest encampment. Our assignment was narrow: to defend against the government s motion 2011 2012 Pro bono review 27

Building Inclusive Communities Morrison & Foerster s innumerable contributions were critical to our success in preserving adult day health care services. From bigpicture strategy to jumping in on an unexpected appeal and everything between the firm s attorneys were essential members of the litigation team. Elissa Gershon Senior Attorney Disability Rights California to dismiss the lawsuit. However, with skilled lawyering and creativity, our lawyers achieved policy changes that greatly improve conditions for homeless people in Arcata and Humboldt County. New measures require that homeless people living outdoors receive referrals to local services, clarify camping ordinances that affect them, and ensure that their property will not be confiscated or destroyed without notice. The new rules also protect free speech by eliminating permit requirements for most demonstrations and liberalizing permit rules for large protests. Keeping Tenants in Their Homes In the past year in San Francisco, rents have spiked 15% and residential evictions have increased by 30%, creating a housing crisis for low-income tenants. Attorneys from our San Francisco and Palo Alto offices are responding to this crisis, helping low-income tenants facing eviction settle their cases at a clinic run by the Volunteer Legal Services Program. Attorneys from our Palo Alto office have also advised low-income clients facing eviction through a clinic run by the San Mateo Legal Aid Society. Establishing a Cultural Resource for Outsiders While most organizations that help homeless people focus on basics like food and shelter, a London group called Open Cinema is dedicated to meeting the cultural needs of the excluded. Open Cinema is a national network of film clubs programmed by and for homeless and socially excluded people. Participants watch classic and contemporary cinema, meet the filmmakers, and create films of their own. Attorneys Hollis Hyans Partner, State and Local Tax, New York Since I am a tax attorney, my pro bono work doesn t tend to make the headlines, but I m particularly proud of one project. Appleseed wanted to establish procedures that would help low-income workers who are paid on a cash basis obtain the New York Earned Income Tax Credit. These are people who generally do not receive W-2 or 1099 forms, like house cleaners and caregivers, who were unable to document their actual income. We worked with the State Department of Taxation and Finance to draft guidance, which is now a part of its outreach programs. Low-income workers will soon have the information they need to apply for the credit they have earned thanks to our efforts. 28 Morrison & Foerster

Building Inclusive Communities in Morrison & Foerster s London office helped Open Cinema to incorporate as a nonprofit organization, and are now providing assistance as it seeks funding to expand its operations. Protecting Religious Practices In another First Amendment case, the firm successfully represented the Jewish Community Relations Council, the Anti-Defamation League, and individual parents and doctors in striking a ballot proposal that would have criminalized circumcision in San Francisco. We argued that the ordinance would unconstitutionally interfere with religious practices and was an improper intrusion into the state s authority to regulate the practice of medicine. Eric Tate Partner Litigation San Francisco One of my most meaningful pro bono experiences was one of my shortest. An insurance company was mistakenly accusing an elderly couple of being at fault in a car accident. I made two calls one to my clients and the other to the insurance company. I explained my clients position and at some point in the call, I told them where I worked. In little time, the insurance company paid the elderly couple what they were owed. No headlines, not a lot of my time and not even a lot of money. But it meant a great deal to my clients. 2011 2012 Pro bono review 29

rights of the accused 30 Morrison & Foerster

Enhancing FAIRNESS in CRIMINAl JuSTICE A civilized society relies on the criminal justice system to afford basic rights to those suspected of crimes, to try them with due process of law, and to properly carry out the sentences imposed. But sometimes, the system does not work as it should. The rights of suspects may be disregarded, and prisoners may be brutalized. Just as prosecutors are critical to the administration of justice, so, too, are attorneys like those at Morrison & Foerster who stand up for justice when the system has failed. Standing Up for a Victim of Police Brutality Morrison & Foerster won a federal jury verdict on behalf of the family of Stephen Vargas, whom we represented after the unarmed Mr. Vargas was shot dead by a Fresno, California police officer in late 2009. The jury found that a police sergeant and the City of Fresno violated Mr. Vargas s Fourth Amendment rights through the use of excessive and unreasonable force. A posttrial settlement yielded $1.3 million in damages and attorneys fees to the family, as well as significant changes in Fresno police practices that we hope will prevent unnecessary use of deadly force and ensure greater police accountability in the future. Representing Mistreated Prisoners A fundamental tenet of any criminal justice system is that those who are incarcerated for violating society s rules are still protected by rules. Morrison & Foerster lawyers are proud to represent inmates in claims of mistreatment, knowing that these cases are necessary to protect the integrity of the criminal justice system. We successfully represented an openly gay man who was repeatedly raped after California prison administrators placed him in a cell with another inmate who was required to be housed alone because of his recent assaults on other openly gay prisoners. After its employees admitted numerous policy violations, the state corrections department paid damages of $30,000, which will help our client, since released, to purchase a vehicle, get work, and put his prison experience behind him. 2011 2012 Pro bono review 31

Enhancing Fairness in Criminal Justice Through its pro bono efforts, Morrison and Foerster helps shine a light on systemic problems in the California prison system legal violations that have resulted in loss of life and the endangerment of staff and inmates alike. MoFo demonstrates a true commitment to improving the criminal justice system. Edward J. Caden Warden (A) retired Salinas Valley State Prison In a case referred by the Southern District of New York federal court, we represented an inmate in the successful settlement of his claim that he spent hours moaning in pain on the floor of a New York City jail while guards ignored his pleas for medical attention. Another of our prisoner clients claims that he was brutally assaulted by two corrections officers in a California state prison. His suit was dismissed because he allegedly failed to file a prison grievance before beginning his lawsuit. We successfully appealed the dismissal, and are now representing the inmate in federal district court as he attempts to prove that he exhausted his administrative remedies before filing suit in court. Supporting the Right to Counsel Decades have passed since the Supreme Court s Gideon v. Wainwright decision established that criminal defendants have a right to counsel. The extent of that right, however, remains contested. In Colorado, Morrison & Foerster attorneys are taking the lead in litigation sponsored by the Colorado Lawyers Committee for Civil Rights to challenge the state s practice of delaying the assignment of counsel to indigent misdemeanor defendants until after the defendants have had a plea bargaining session with prosecutors. New York and San Francisco attorneys collaborated with the Society of American Law Teachers on an amicus brief to Maryland s highest court in support of the right to counsel at bail hearings, and were gratified to learn in early 2012 that the court has now recognized that right. Improving the Rights of Persons Arrested in Europe All over the world, police have powers to arrest individuals and take them into custody. But what happens next? European human rights bodies, as well as advocacy organizations such as our client, the Open Society Justice Initiative, are actively considering what rights are, and Scott Llewellyn Partner, Litigation, Denver Pro bono work is not some hair-shirt chore that s the penance we pay for spending most of our time on matters that pay the bills; instead, it s frequently the welcome externship in an exotic locale populated by fascinating folk with different (and frequently very valuable) perspectives on what lawyers should do and care about, presenting interesting problems outside our norm, but that nonetheless can benefit from our input as expats. 32 Morrison & Foerster

Enhancing Fairness in Criminal Justice should be, accorded to people in police detention, particularly during the period before the first appearance before a judicial officer. Do detainees in this initial detention period have a right to know why they are being held, to be informed of their defense rights, or to have access to the evidence against them? Morrison & Foerster lawyers in London led a multifirm study of applicable international and regional legal standards, and the current state of the law on arrest rights in seven European countries. The Open Society Justice Initiative will use this research in its program to strengthen the rights of suspects in detention and improve their access to effective legal assistance. Natalie Fleming Nolen Associate Litigation New York Pro bono has enriched my career by allowing me to gain valuable experience, learn about new areas of the law, and meet amazing clients. It has been a privilege to work with our pro bono clients and to see their circumstances change because of the work that I have done. 2011 2012 Pro bono review 33

act globally 34 Morrison & Foerster

Reaching Beyond NATIONAl Borders Working at an international law firm, Morrison & Foerster lawyers are eager for opportunities to engage with an array of legal service needs from around the globe. Our projects range from securing the essentials of life to advancing international human rights. Advancing the Internet as a Site for Social Change People all over the world are imagining new ways to use digital communication to advance social change. Here are a few projects where Morrison & Foerster attorneys are helping. Habla Centro is a digital platform that permits Latin American communities to share news quickly, and promotes linkages among civil society organizations, businesses, individuals, educational institutions, and the government. The project encourages citizen journalism and is getting more and more Central Americans and South Americans involved in the diffusion and use of information every day. Attorneys from Morrison & Foerster s Technology Transactions Group drafted Habla Centro s website terms of use statement, and licenses that can be used to internationally syndicate user-submitted content. Meedan describes itself as the first social network built to facilitate collaborations across languages by software translation, in particular between English and Arabic speakers. Its goal is to create a digital town square where Arabic and English speakers can share conversation and links about world events. Morrison & Foerster attorneys are reviewing contracts and filing patents for Meedan. Josh Dick Photography Addressing Infrastructure Needs People in many parts of the world spend hours every day fetching water, a burden of time and physical effort that falls especially hard on women and children. Morrison & Foerster patent attorneys are advising Wello Water on its WaterWheel, an innovative water-carrying device that makes it possible to collect 25 gallons of water in a single trip, five times the amount possible using traditional methods. Build Change is a nonprofit organization that designs low-cost, earthquake-resistant houses for earthquake-prone developing countries. Morrison & Foerster s assistance to Build Change includes preparing an agreement to license the organization s earthquake-resistant building material for free to nonprofits and individuals in places like Haiti, while allowing the organization to generate profits to support its work by licensing the materials for commercial use elsewhere. 2011 2012 Pro bono review 35

Reaching Beyond National Borders Promoting Rape Law Reform in Haiti The effort to stem the tide of sexual violence affecting women and girls in post-earthquake encampments in Haiti has taken on larger dimensions, as activists and government officials consider new legal proposals to address violence against women. MADRE, a U.S.-based international women s human rights organization, is working with Haitian women s groups to be heard as the new law is written. MADRE selected Morrison & Foerster to take the lead on a two-part project to support the law reform effort. First, we coordinated a multifirm team to compile in-depth research on rape laws, prosecutorial practices, and victim services in multiple domestic and international jurisdictions, to show best practices that can be used to advocate for improvements in Haitian law. Then, we issued a Haiti Edition of the report, which analyzes how the draft law should be improved to comply with relevant international human rights law norms. Attorneys from six offices across the firm took part in the project. Helping Orphans Worldwide is forever indebted to our Morrison & Foerster attorney for his generous contribution of time, expertise, and knowledge. Because of his benevolence, we have reached goals within our charity that we know would otherwise have taken years. We can now reach and help many more children suffering with epidermolysis bullosa and other horrific and life-threatening conditions, and continue to do our work responsibly and honestly in Vietnam. Hillary Joi Brown Co- Founder/Executive Director Helping Orphans Worldwide Paul McKenzie Partner, Corporate, Beijing Pro bono is not a core practice for most law firms in China. But it is for Morrison & Foerster in China and our lawyers are passionate about their work for our many pro bono clients who are making a difference in areas such as environmental protection, microfinance, and child welfare. I m proud to be part of a firm that believes its lawyers in every office should do pro bono work. 36 Morrison & Foerster

Reaching Beyond National Borders International Recognition of a Lesbian Mother s Rights In early 2012, the Inter-American Court of Human Rights issued its first ruling ever that discrimination based on sexual orientation or gender identity violates international law. Morrison & Foerster played a key role in winning this ruling, in the case Atala and Daughters against the State of Chile. We represented the Association of the Bar of the City of New York and 15 other amici in a brief whose central arguments were accepted by the court: discrimination on the basis of sexual orientation violates international human rights standards, and sexual orientation is irrelevant to custody determinations. The decision resulted from a challenge to the Supreme Court of Chile s 2003 decision that stripped Karen Atala, a Chilean judge, of the custody of her daughters who were then ages 5, 6, and 10, for the sole reason that Atala is a lesbian who was living with her partner. Nothing can ever make up for the loss of nine years of a mother s relationship with her children. However, the decision is a momentous human rights precedent whose power will be felt throughout the hemisphere and across the world. Our co-counsel were the International Women s Human Rights Clinic at the City University of New York and the International Gay and Lesbian Human Rights Commission. Bob Loeffler Senior Counsel Litigation Washington, D.C. I led a team representing Jennifer Harbury, the common law wife of a Guatemalan antigovernment leader who had been tortured and killed during the brutal civil war. Jennifer conducted a very visible hunger strike in front of the White House to protest the U.S. military s involvement in the training of the Guatemalan military. During one of our meetings in the Old Executive Office Building, the First Lady, Hillary Clinton, showed up unannounced to provide information to the great surprise of us all! 2011 2012 Pro bono review 37

human rights 38 Morrison & Foerster

Protecting ImmigRANTS and Refugees People who migrate from their homes to new countries often need a lawyer s help so that the powerful political and economic forces that have opened a door to opportunity do not slam it shut. During this report period, Morrison & Foerster attorneys from multiple practice areas devoted nearly 10,000 pro bono hours to refugees and immigrants, helping clients in dire need of leaving their homelands to relocate safely in a new country, and protecting immigrants rights after they arrive in the United States. Winning for Exploited Restaurant Workers Immigrants who need work can be easy prey for unscrupulous employers, who exploit these workers lack of knowledge about U.S. employment laws. Morrison & Foerster attorneys worked with the Urban Justice Center in New York to represent 16 former delivery workers for a popular Manhattan sushi restaurant. Our clients, all Chinese immigrants, earned $600 a month for more than 60 hours of work each week well under $2.50 per hour. We brought suit against the restaurant owners for wage-and-hour and overtime violations. After an early settlement was scuttled by the defendants, two apparently fled the jurisdiction. We achieved a settlement with the third defendant that has resulted in a substantial payment to each of our clients, and we are now pursuing collection of a $2.1 million default judgment against the remaining defendants. Pursuing a Judgment for Immigrant Forestry Workers In another case concerning the rights of immigrant workers, we successfully advised the Southern Poverty Law Center in its effort to salvage a judgment for unpaid wages for a class of 3,500 Latin American migrant forestry workers. The forestry workers obtained migrant worker visas so they could accept jobs offered by a large U.S. company to plant pine trees, but were not paid the promised wages. On the eve of final judgment, the workers former employer filed for bankruptcy protection in an apparent effort to escape payment of the judgment. Morrison & Foerster bankruptcy attorneys provided expert counsel to the Southern Poverty Law Center that resulted in a full payout of claims to one group of workers, and that preserved the judgment in favor of a larger group for possible collection in the future. 2011 2012 Pro bono review 39

Protecting Immigrants and Refugees MoFo has ensured meaningful access to justice and the rule of law for those yearning to find freedom from abuse, persecution, and torture. This extraordinary level of commitment is possible only when a firm s leadership encourages and facilitates pro bono service among its partners and associates. Carmen M. Chavez Executive Director Casa Cornelia Law Center San Diego, CA Investigating Law Enforcement Practices The federal Freedom of Information Act, or FOIA, offers a powerful searchlight for uncovering government wrongdoing by requiring federal agencies to respond to citizens requests for information about the agencies activities. Current lawsuits brought by Morrison & Foerster to enforce FOIA obligations in matters affecting immigrants include these: Attorneys in our Washington, D.C. office represent We Count and the Florida Immigration Coalition in a suit to obtain information from the federal Department of Homeland Security about its investigation into allegations of brutality and abuse in law enforcement raids in South Florida. Six thousand pages of documents have been released to date, and more are being sought. Our San Francisco lawyers represent the Asian Law Caucus, the ACLU, and the San Francisco Bay Guardian in a FOIA case seeking to shed light on the FBI s surveillance and investigation of Muslim Americans in Northern California. Ongoing litigation, begun in 2010, has yielded more than 16,000 pages of documents to date, surfacing significant information of public interest. Helping Clients Abroad Escape Danger Morrison & Foerster attorneys have not just assisted in individual asylum cases (see opposite page); they have also committed thousands of hours to helping individuals escape particular danger in Haiti and in Iraq. An effort that began in May 2010 to win humanitarian parole for Haitian women victimized by rape in post-earthquake encampments succeeded in bringing four of our clients to the U.S. so they can live in safety and receive care for their severe trauma. Two adult sisters, whom our attorneys first met on a visit to Haiti, arrived in Florida in 2011, and two other sisters, both of them mothers with young children, are now in Oregon. We are connecting our clients to local social services agencies to help them get the benefits and care they need, and we continue to assist several other clients with their applications. Attorneys in the Iraqi Refugee Assistance Project ( IRAP ) supervise teams of law students from Stanford and Boalt who are assisting Iraqi and Afghani refugees. These refugees are seeking resettlement in the U.S. because they have worked as translators with U.S. forces in Iraq and Afghanistan, or are otherwise unable to continue to live safely in their home countries. In the past year, almost 40 lawyers in our San Francisco, Los Angeles, Palo Alto, and Washington, D.C. offices have represented more than 30 clients, and several of our clients have already begun new lives in the U.S. 40 Morrison & Foerster

Protecting Immigrants and Refugees Seeking Asylum for Refugees Every year, thousands of men, women, and children around the globe ask foreign governments for safe haven from persecution and abuse in their home countries. Morrison & Foerster is proud to help these asylum seekers. Here are several of their stories. New York attorneys successfully represented a refugee from the Republic of the Congo in obtaining asylum. Our client was detained and tortured for his membership in a political opposition group, and his uncle, also part of the opposition, was murdered after publishing an article that was critical of the current Congolese regime. San Diego attorneys have won asylum for several people of Somalian ancestry who were living in Ethiopia. One client endured lengthy imprisonment, multiple beatings, death threats, the murder of his father and uncle by government soldiers, and the burning of his home and destruction of his livestock, all because of his clan membership. Our San Diego lawyers also won asylum for a former Algerian military officer who fled Algeria in the mid-1990s. Success came after nearly 10 years of proceedings that included an appeal to the Ninth Circuit. We proved that our client had not been a persecutor of others, which would have barred asylum, and instead had deserted the military and fled Algeria to avoid being forced to participate in human rights abuses. Palo Alto attorneys won asylum for a woman from Mexico who crossed the border illegally to escape from domestic violence, and to be able to provide for her children s basic needs, such as food and medical attention. The children were also granted asylum. Attorneys in our Washington, D.C. office successfully represented a gay man from the tiny island nation Maldives, located in the Indian Ocean, who sought asylum in the U.S. To prepare for the hearing, we made a sustained and ultimately successful effort to obtain our client s record of arrests for homosexuality rare and invaluable evidence in establishing his sexual orientation. After the hearing, the immigration judge commented that while he had never before considered an asylum applicant from Maldives, we had proved that our client s sexual orientation would likely subject him to persecution under that country s medieval criminal laws. Several offices represent minors who are seeking Special Immigrant Juvenile Status (SIJS). This status is available to certain immigrant minors who have been abused, neglected, or abandoned by one or both parents in their home country, upon a finding that it is in their best interests to remain in the United States. Los Angeles attorneys established a guardianship for a 17-year-old girl from Tanzania, and obtained the special findings necessary for her to qualify for SIJS. New York attorneys obtained SIJS status for a young man from El Salvador, who was in deportation proceedings after being caught entering the United States to be reunited with his mother. Lawyers in our Tokyo office have provided thousands of hours of representation to clients of the Japan Association for Refugees in recent years. We currently represent six clients who are seeking asylum in Japan, after facing persecution in their home countries of the Philippines, Cameroon, Ethiopia, and Uganda. In most cases, we are appealing the initial rejection of our client s request for asylum. 2011 2012 Pro bono review 41

The MoFo lawyers put their talents to action, and the result is a landmark protection of students fundamental right to equal educational opportunity. Public Counsel Law Center, recognizing Morrison & Foerster for Reed v. State of California. June 15, 2011 A firmwide emphasis on pro bono work and a top-to-bottom support structure drive the pro bono culture at MoFo. Law 360, naming Morrison & Foerster one of the top ten pro bono firms of 2011. July 18, 2011 Business Department Co-Chair Susan Mac Cormac wins a CLAY Award (California Lawyer of the Year) for leadership in creating a new corporate form that lets businesses elevate their attention to social and environmental goals. February 16, 2012 We celebrate justice in honoring both Karen Golinski and her outstanding legal team for their fight for equality for same-sex spouses. Bay Area Lawyers For Individual Freedom. March 9, 2012 The Volunteer Legal Services Program of the Bar Association of San Francisco honors Morrison & Foerster with the 2011 Outstanding Law Firm in Public Service Award. March 14, 2012 National Law Journal pro bono award given to Morrison & Foerster, recognizing litigation led by San Diego attorney Drew Woodmansee that contributed to the demise of Don t Ask, Don t Tell. January 2, 2012 42 Morrison & Foerster

Inspired by his dying father s battles with the Veterans Administration for disability benefits, Morrison & Foerster senior counsel Erspamer took on the VA in a three-decade series of pro bono and class action suits that have led to agency reforms and made him a legend in military circles. the American Lawyer, announcing its Lifetime Achievement Award to San Francisco Attorney Gordon Erspamer. October 26, 2011 Centro Legal de la Raza names firm Litigation department Co- Chair Arturo González Latino Attorney of the Year for outstanding pro bono work in the Latino community, including a successful lawsuit for the family of an unarmed man killed by police in Fresno, California. April 18, 2011 ACLU Foundation of Southern California Social Justice Award to Reed v. State of California team, and Education Advocacy Award to Doe v. State team for challenging unlawful public school fees in California. June 16, 2011 Morrison & Foerster named Law Firm Of The Year by Casa Cornelia Law Center, celebrating the firm s REPRESENTATION of indigent immigrant victims of human and civil rights violations. December 13, 2011 Western Center On Law and Poverty recognizes Tokyo attorney Jack Londen with the Brinsley Award for extraordinary commitment to the rights of low-income Californians. October 5, 2011 The exceptional amount and breadth of the firm s pro bono service and its willingness to address meaningful issues embody the spirit of this award. Esther F. Lardent, CEO, the Pro Bono Institute, announcing the John H. Pickering Award to Morrison & Foerster. November 3, 2011 2011 2012 Pro bono review 43

Nonprofit Clients Academy of Friends / Advocates for Children of New York / Afropop Worldwide / Alethia Solutions / ALUT The Israeli National Autism Association / Amazon Conservation Association / American Ballroom Theater Company / American Bar Association / American Civil Liberties Union of Southern California / American Council for an Energy-Efficient Economy / American Friends of the Jewish Community of Venice / American Soccer Program / Angels Flight / Animal Legal Defense Fund / Anti-Defamation League / Arias Foundation for Peace & Human Progress / Art in Action / Art Works for Change / Asian and Pacific Islander Wellness Center / Asian Pacific American Legal Center / Assistance League of Diablo Valley / Athletic Scholars Advancement Program / BANANAS / Bay Area Crisis Nursery / Bay Area Legal Aid / Bayside Adventure Sports / Belwop Children s Home / Benjamin Franklin House / Best Friends Animal Society / Beyond Emancipation / Blind Babies Foundation / Blue Engine / Bonita House / Breast Cancer Emergency Fund / Breast Cancer Haven / BringChange2Mind / Brooklyn Family Defense Project / Build Change / Business Council for International Understanding / California Fisheries Fund / California Sherpa Association / California State Bar Association / California State Foster Parent Association / California Youth Connection / Camellia Network / Cell Motion Laboratories / Center for American Progress / Center for Education of the Infant Deaf / Center for Reproductive Rights / Center for Resource Solutions / Center on Juvenile & Criminal Justice / Ceres / Chamber Music PLUS Southwest / Charles O. Blaisdell Scholarship Fund / Charlotte Maxwell Complementary Clinic / Charter for Veterans / Chesapeake Bay Foundation / Child Aid / Childhood Apraxia of Speech Association of North America / Children s Advocacy Institute / Children s Bureau / Children s Health Fund / Children s Museum of Denver / CityTeam International / Climate Counts / ClimatePath Ecological Fund / Coalition for the Advancement of Jewish Education / Common Sense Media / Community Initiatives / Community Legal Services of East Palo Alto / Community Vocational Enterprises / Concrete Safaris / CONNECT / Contact a Family / Cool2Care / Copymart Institute / Cornell University / Council of Parent Attorneys and Advocates / Cure Duchenne Muscular Dystrophy / Cycles 4 Hope / D.C. Greens / Death Penalty Focus / Delancey Street Foundation / Didi Hirsch Community Mental Health Center / Digital Divide Data / Direct Relief International / Dogs4Diabetics / Draper Richards Kaplan Foundation / Earthjustice / East Bay Community Law Center / East Bay School for Boys / Ed Roberts Campus / Environmental Defense Fund / Equal Rights Advocates / Equality California / Exalt Youth / Fair Health / Fairfax Partnership for Youth / Federal Circuit Bar Association / Feminist Majority Foundation / Footprints Around the World / Foundation for Youth Investment / Fresh Lifelines for Youth / Fresh20 / Friends of FANA / Friends of Sutter s Fort / From Farm to Table / Gay & Lesbian Alliance Against Defamation / GenerateHope / Girls for Gender Equity / Giving Assets / Global Access to Technology for Development Foundation / Global Goods Partners / Global Integrity / Global Language Project / Green Branch / Green Education Online / Greenwich Mencap / GroundSpark / Groundwork / Habitat for Humanity Greater San Francisco / Habitat for Humanity China / Habitat 44 Morrison & Foerster

Nonprofit Clients for Humanity of Orange County / Harvest Home Farmer s Market / Helping Orphans Worldwide / High Sierra Hikers Association / Hispanic National Bar Association / Hollaback! / HomeBase / Human Rights Now / Human Rights Watch / Humanity United / Illuminate the Arts / imentor / Independent Parental Special Education Advice / Indiana Protection & Advocacy Services / International Accountability Project / International Foundation for Art Research / International Mental Health Research Organization / International Tree Foundation / International Women s Tribune Center / Invisible Children / Israeli Strategic Alternative Energy Foundation / Jewish Community Federation / Jewish Community Relations Council / Jewish Family & Children s Services / Juma Ventures / Juvenile Diabetes Research Foundation International / Kidango / KOMAZA / La Clínica de La Raza / Law Foundation of Silicon Valley / Lawrence Family Jewish Community Center / Lawyers Committee for Civil Rights Under Law / Lawyers for Children / Learning Rights Law Center / Little Sisters of the Poor St. Anne s Home / Live in Peace / Lorton Community Action Center / MADRE / MAICO NY / Make-A-Wish Foundation of Orange County / Making a Difference for Good USA / Making Waves Foundation / Manasir Council / Marshall McLuhan Center / Médecins Sans Frontières Japan / Medicines360 / Meedan / Mercian Ability Partnership / Mercury Soul / Mexican American Legal Defense and Educational Fund / Mission Vida Nueva / Mission Hall Hiring / Museum of Cartoon and Comic Art / Music for Life / National Association of Law Students with Disabilities / National Education Foundation / National Minority AIDS Council / National Museum of Americans in Wartime / National Youth Science Foundation / Network for Good / New Dance Group Studio / New Door Ventures / New York Asian Women s Center / New York Center for Child Development / New York City Classical Guitar Society / New York Lawyers for the Public Interest / New York State Citizens Coalition for Children / Nexleaf Analytics / Nine Lives Foundation / No Longer Empty / Northern California Community Loan Fund / Northern California Land Trust / NURTUREart Non-Profit / Open Cinema / Open Society Justice Initiative / Opportunity Fund / Pacific Community Ventures / PACT, An Adoption Alliance / Paediatric Cancer Therapeutics Initiative / Pangaea Global AIDS Foundation / Peaceworks Foundation / Peninsula Open Space Trust / Performance Space 122 / Philanthropedia / Planet Finance / Playworks / Pogo Park / Polaris Project / Prakti Design / Project Bandaloop / Project Open Hand / Project Sunshine / Prologis Foundation / Public Health Foundation Enterprises / Public Intellectual Property Resources for Agriculture / Purpose Foundation / Rails to Trails Conservancy / Rebuilding Together San Francisco / RedLine / Refugee Women s Association / Resilience Advocacy Project / Restoration Association for the Improvement of the Landmark / Rising Sun Energy Center / Rocky Mountain Children s Center / Room to Read / RSF Social Finance / Sacramento County Sheriff Search and Rescue / Sahana Software Foundation / San Francisco AIDS Foundation / San Francisco Beautiful / San Francisco Carbon Collaborative / San Francisco Interfaith Council / San Francisco Opera Guild / San Francisco Public Golf Alliance / Scenic Hudson / Scott River Water Trust / Sea Turtle Conservancy / Search for the Cause / Seedco / SFSmiles / Siempre Unidos / Social Accountability International / Society of American Law Teachers / Southern Sudan Voice for Freedom / SOW Asia Foundation / Special Olympics / Starlight Children s Foundation / Start Small, Think Big / Strategic Energy Innovations / Sustainable Health Enterprises / Switchboard Music / Teen Talk Sexuality Education / Tennessee Justice Center / The Biomimicry Institute / The Coral Reef Alliance / The Logan School for Creative Learning / The McCarton Foundation for Developmental Disabilities / The Nature Conservancy / The Paley Center for Media / The T.S. and K.D. Glide Foundation / The Wildflowers Institute / Together As One / Trees New York / Truthout / Tuolumne River Trust / U.S. Coalition for Child Survival / UMMA Community Clinic / Under One Roof / United Roots / Vera Institute of Justice / Veterans for Common Sense / Vietnamese Youth Development Center / Weingart Center Association / West Harlem Community Organization / Westside Children s Center / White Ribbon Alliance for Safe Motherhood / WildAid / Wind Youth Services / Winton & Company / Wokai / Women of the World / Women s Initiative for Self Employment / Words on Dance / World Wildlife Fund / Yachana Foundation / Youth Venture / Zidisha 2011 2012 Pro bono review 45

partner organizations Morrison & Foerster gratefully acknowledges the following public interest organizations, bar associations, government entities, and court programs that have been our pro bono partners over the last year. Every role these partners serve is indispensable to the success of our pro bono program: training and mentoring our attorneys, sponsoring legal assistance clinics, connecting us with clients, and joining our attorneys as co-counsel. It is our privilege to work with them. 46 Morrison & Foerster

partner organizations AARP Foundation Advocates for Children AIDS Legal Referral Panel American Civil Liberties Union American Civil Liberties Union of Montana American Civil Liberties Union of Northern California American Civil Liberties Union of Southern California American Friends Service Committee Appleseed Ashoka Asian Law Caucus Asylum Access Bay Area Legal Aid Bet Tzedek Legal Services Program Brooklyn Legal Services Corporation A California Innocence Project at California Western School of Law Casa Cornelia Law Center Center for Constitutional Rights Center for Reproductive Rights Child Care Law Center Chinatown Service Center City Bar Justice Center Colorado Lawyers Committee Community Legal Services of East Palo Alto Connecticut Appleseed Dai-ichi Tokyo Bar Association Disability Rights Advocates Disability Rights California D.C. Bar Pro Bono Program D.C. Office of the Attorney General D.C. Volunteer Lawyers Project Domestic Violence Legal Empowerment and Appeals Project East Bay Community Law Center Equal Rights Center Federal Bar Council Florida Immigrant Advocacy Center Fresh Lifelines for Youth Human Rights First Immigration Equality Independent Parental Special Education Advice Institute for Justice and Democracy in Haiti International Gay and Lesbian Human Rights Commission Iraqi Refugee Assistance Project Japan Association for Refugees Just Neighbors Kids in Need of Defense Lambda Legal Law Foundation of Silicon Valley LawWorks Lawyers Alliance for New York Lawyers Committee for Civil Rights of the San Francisco Bay Area Lawyers Committee for Civil Rights Under Law Lawyers for Children Legal Aid Foundation of Los Angeles The Legal Aid Society Legal Aid Society of the District of Columbia Legal Aid Society of Marin Legal Aid Society of San Diego Legal Aid Society of San Mateo County Legal Services for Children Legal Services of New York Lex Mundi Pro Bono Foundation Los Angeles City Attorney s Office MADRE Mid-Atlantic Innocence Project Mississippi Center for Justice National Center for Lesbian Rights National Center for Youth Law National Disability Rights Network National Health Law Program National Senior Citizens Law Center Neighborhood Economic Development Advocacy Project New York Appleseed New York City Family Court New York City Law Department New York Lawyers for the Public Interest New York Legal Assistance Group Northern California Innocence Project at Santa Clara University Northern Virginia Pro Bono Law Center Pro Bono Institute Pro Bono Project Silicon Valley Public Counsel Law Center Public Interest Law Center of Philadelphia Rocky Mountain Children s Law Center San Diego County Counsel s Office San Diego Volunteer Lawyer Program Sanctuary for Families Servicemembers Legal Defense Network Society of American Law Teachers Southern Poverty Law Center Thomson Reuters Foundation Transgender Legal Defense & Education Fund TrustLaw Connect United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the Tenth Circuit United States District Court, Eastern District of California United States District Court, Northern District of California United States District Court, Southern District of New York University of the District of Columbia School of Law Urban Justice Center Cyrus R. Vance Center for International Justice Veterans Consortium Pro Bono Program Volunteer Lawyers for the Arts Volunteers of Legal Service Volunteer Legal Services Program of the Bar Association of San Francisco Washington Lawyers Committee for Civil Rights and Urban Affairs Women s Initiative for Self Employment Youth Represent 2011 2012 Pro bono review 47

2012 Morrison & Foerster LLP mofo.com