2020 in focus

In 2020, people and organizations all over the world faced adversities due to the COVID-19 pandemic, racial and social injustices, and the tense political climate before the general election. These issues presented unique challenges that heightened the need for pro bono representation in areas ranging from homelessness to helping organizations transition to digital streaming services. This section tells the stories of how we helped clients respond to these unprecedented times.

Pro Bono Client Granted Compassionate Release from Prison in the Wake of COVID-19 Outbreak

In 2012, our client was sentenced to 252 months in prison for a non-violent drug offense, a sentence that was 12 months longer than the minimum sentence. He was an inmate at FCI Oakdale in Louisiana, despite being tried in the Northern District of Illinois and a resident of Illinois. At the height of the COVID-19 pandemic, FCI Oakdale experienced a severe outbreak of the virus and had a staggering 18.5% confirmed infection rate. At the time, the percentage was about 22 times worse than the United States overall. Furthermore, Oakdale was facing heavy scrutiny in the media for its wardens’ negligent handling of the pandemic and endangering inmates. Diagnosed with three of the most common COVID-19 comorbidities, our client was considered high-risk and highly susceptible to severe illness if he were to contract the virus. Out of fear for his life, he filed a pro se petition with Judge Lefkow for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i).

On June 18, Judge Lefkow appointed Partner Paul Rietema to assist our client with his petition. Associate Maliha Ikram quickly worked to gather necessary information to support the petition. Maliha spoke to our client on June 19 to glean information on his friends, family, and community members. Maliha contacted dozens of these individuals over the course of 10 days. On July 1, Paul and Maliha were able to make an evidentiary submission that included 22 letters and affidavits in support of our client’s release.

On July 7, our client’s motion was granted, his sentence was reduced to time served, and he was ordered to be released from custody with his first six months to be served in home confinement. Though our client’s prison sentence would have otherwise run until 2028, the court released him to home confinement with the remainder of his term to be served on supervised release.

In granting his motion, the court noted that our client does not pose “a danger to individual or community safety” and, while incarcerated, had shown remorse for past conduct, earned his GED, and enrolled in several self-development courses. To have kept him imprisoned at Oakdale would have been to put him at “extraordinary risk” for his life.

The team received significant help from Legal Assistant Mirella Marquez, Manager of Docketing Services Na’eem Conway, and Docket Assistant Dylan Doppelt, who were instrumental in compiling and filing documents on our compressed timeline.

Firm Joins New Alliance Aimed at Dismantling System Racism in the Law and Government

Jenner & Block is among more than 125 law firms nationwide that joined the Law Firm Antiracism Alliance (LFAA).

LFAA is a coalition that works with other organizations that are uniting to identify and dismantle systemic racism in the law and in government institutions. LFAA will facilitate large-scale pro bono projects that address systemic racism, with priority areas determined by affected communities, community organizers, policy experts, and legal aid partners.

“Recent events have affirmed and highlighted the need for law firms to do more to identify and dismantle structural or systemic racism in the law and in government institutions,” reads LFAA’s charter. “Lawyers have a responsibility to use their knowledge and position to increase access to justice and to ensure a fair and equitable legal system. Lawyers and law firms are uniquely positioned to analyze and to advocate to change laws, policies and institutional structures that encourage, perpetuate or allow racial injustice.”

Participant firms commit to leverage resources of the private bar to amplify the voices of communities and individuals oppressed by racism; better use the law as a vehicle for change to benefit communities of color; and promote racial equity in the law and in government institutions.

LFAA marked its official launch with two virtual summits in 2020. Facilitated by experts in racial justice and systemic project design, the summits included discussions among law firm leaders, diversity and inclusion professionals, and pro bono professionals on developing LFAA's strategic focus.

“Lawyers have a responsibility to use their knowledge and position to increase access to justice and to ensure a fair and equitable legal system. Lawyers and law firms are uniquely positioned to analyze and to advocate to change laws, policies and institutional structures that encourage, perpetuate or allow racial injustice.”

Team Secures Federal Court Orders Requiring USPS to Expedite Florida Ballots

A team led by Partner David Bradford represented 1199SEIU United Healthcare Workers East in its lawsuit against Postmaster General Louis DeJoy over alleged slowdowns in mail delivery. The union sued DeJoy on October 6, claiming he made “illegal and unprecedented changes” to USPS policies that would delay ballots and disenfranchise Floridians who were voting by mail in larger numbers than usual because of the COVID-19 pandemic.

On October 29, the team won a court order requiring USPS to issue “all clear” certifications from all postal facilities in the 10 largest counties in Florida by 8 am on Monday, November 2. The “all clear” certification requires each facility to certify that it has processed all ballots at that facility. The court scheduled a hearing at 9 am on Monday morning, at which he could order further emergency relief if the 8 am certifications were not satisfactory to our client. These certifications and other relief were ordered over USPS’ objection.

This ruling came on the heels of an October 28 agreement, that required USPS to provide detailed arrangements for USPS officials to transfer ballots directly to Election Officials prior to 7 pm on Election Day and for USPS to “implement a hub-and-spoke plan” for each Florida county for November 2 and 3.

Under the agreement, the USPS will route any ballots within or near the destination county directly to the county's supervisor of elections, preventing them from traveling to a sorting facility farther away.

“The key is to get the ballots in the hands of that servicing facility,” Mr. Bradford told US District Judge Robert N. Scola Jr. in a videoconference hearing. “The hub and spoke is designed to make sure they don't get sent 200 miles away only to be sent back to the county.”

The agreements also required USPS to report to our team on a daily basis if there have been any material departures from the agreed procedures. All of these agreed procedures to expedite ballots and to provide transparency about ballot delivery issues were made part of the Court’s October 29 Order.

In addition to David, the team included Partners Daniel Weiss and Ashley Schumacher, Associates Nayiri Pilikyan and Christopher Sheehan, and Paralegal Mike Hughes. Partner Jessica Ring Amunson, chair of the firm’s Election Law and Redistricting Practice, worked closely with the team in connection with this litigation.

Jenner & Block Launches Health Care POA Clinic to Help Essential Workers

When shelter in place restrictions began, a number of firm lawyers wanted to know how they could help essential workers who were on the front lines of the pandemic. Partner Gay Sigel, a member of the Pro Bono Committee, spearheaded a Chicago-wide initiative to help frontline workers direct their health care decisions by completing a Health Care Power of Attorney (Health Care POA).

In Illinois, a Health Care POA is a document that permits you to designate a person of your choice as your agent to make health care decisions for you and to express your wishes regarding the care to be provided, particularly if you are unable to do so. If a medical crisis occurs, the Health Care POA will be readily recognized by all Illinois medical personnel. No time will be lost, and the person who knows your wishes best will have the recognized legal authority to direct your care.

Gay, together with Partners Julie Olenn and Debra Levin, co-chairs of our Private Wealth group, and in partnership with the Legal Aid Society, put together a comprehensive training for pro bono lawyers to help clients complete the necessary forms and execute them given social distancing measures. They successfully trained more than 50 firm lawyers, who have since helped a number of essential workers, including non-profit and hospital staff and volunteers, over the past several months.

Partner and Pro Bono Committee member Keri Holleb Hotaling reflects on her service:

“I really was surprised at how straightforward and satisfying my work has been with the Health Care POA clinic. One of my first clients was a nurse from a local hospital who was working on the front lines of the pandemic. I also had the privilege of assisting the program director of a local health care non-profit in completing her Health Care POA. Most importantly, our simple and short pro bono commitment can make a real difference in an essential worker’s life. During COVID-19, knowing that I was doing something concrete to help those saving and supporting others was very gratifying. I highly recommend picking up a request to assist on a Health Care POA.”

“To fight the coronavirus effectively, all New Yorkers – including those in need of shelter – need the ability to remain socially distanced. The City has an obligation under the New York State Constitution to provide safe shelter to our most vulnerable New Yorkers. We intend to ensure they fulfill it.”

— Dawn Smalls, Partner, New York

Firm Team Files Lawsuit against New York City for Failing to Provide Safe Shelter for Homeless New Yorkers during the Pandemic

On October 22, 2020, a cross-office team of New York and Chicago lawyers partnered with The Legal Aid Society to file a class action lawsuit pro bono in New York State Supreme Court on behalf of the Coalition for the Homeless and single adult New Yorkers experiencing homelessness. The lawsuit is against the City of New York, the Department of Social Services, and the Department of Homeless Services for failing to provide safe shelter for single adults that protects them from aerosol transmission of COVID-19. A press release published by the Legal Aid Society notes that despite ample vacant hotel rooms and federal reimbursement explicitly available for the purpose of housing adult homeless individuals, the City took only half-measures to protect this vulnerable group. The lawsuit seeks to require that the City offer single-occupancy hotel rooms to single adult homeless New Yorkers for the duration of the pandemic, among other forms of relief.

Immediately following the filing of the lawsuit, the City agreed to provide single-occupancy rooms to four of the five named plaintiffs. Further, at the urging of the firm and Legal Aid Society teams, and as an interim measure, the City also created, for the first time, a set of guidelines prioritizing those at highest risk from COVID-19 for placement in the limited single-occupancy rooms currently available. On January 6, 2021, Partner Dawn Smalls and Joshua Goldfein of the Legal Aid Society argued plaintiffs’ motion for a preliminary injunction before Justice Arthur Engoron arguing that the City still had not met its obligation under the New York State Constitution to provide safe shelter and must take further action. On January 25, the court denied the motion for preliminary relief; however, the team continues to engage with the City as the lawsuit moves forward to ensure those most vulnerable receive adequate shelter. As one tangible result of the lawsuit, the City has continued to assess shelter residents on the basis of the guidelines, and has since identified hundreds of people who now qualify for more private shelter placement based on their COVID-19 risk factors.

The lawsuit was brought under Article 78 of the Civil Practice Law and Rules, Article XVII of the New York Constitution, the Due Process Clause of the United States and New York State Constitutions, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the New York State Human Rights Law, the New York State Social Services Law and its implementing regulations, and the New York City Human Rights Law.

In addition to Dawn, the team includes Associates Jacob Alderdice, Ali Alsarraf, and Cayman Mitchell. Paralegal Nyema Taylor and Law clerk Andrew C. Elliott are providing significant support.

Cross-Office Team Advises Lincoln Center in Transition to Virtual Programming

A cross-office team led by Partner Alison Stein is providing pro bono counsel to Lincoln Center as the arts organization transitions to virtual programming after “closing its doors” indefinitely due to the COVID-19 pandemic. Launched last year in early April, “Lincoln Center At Home” provides a unique way for the organization to virtually distribute content and keep its audience and donors engaged. The program includes an education channel for kids and access to both live and archived world-class performances such as a performance of Schubert’s Quintet in C Major.

In addition to Ms. Stein, the Lincoln Center team includes Partner Steven Englund; Associates Allison Douglis, and Emily Mannheimer; and former Law Clerk Isabel Farhi. The team continues to work hard on the unique rights and other legal issues arising during this unprecedented time.

Jenner & Block Partners with Chicago-Based Non-Profits to Host Webinar on Reopening During the Pandemic

On June 17, 2020, Partners Sarah Haddy, Keri Holleb Hotaling, Gay Sigel, and Emma Sullivan presented a webinar to Chicago area nonprofit organizations, providing comprehensive information about the key legal issues arising from COVID-19 that nonprofits should consider as they planned to reopen during the State’s reopening rules.

Hosted by the YWCA-Evanston/North Shore, Evanston Community Foundation, and Chicago Foundation for Women, the webinar had the Jenner & Block team focus on reopening protocols and workplace safety, including details regarding the Governor’s executive orders, Illinois and Chicago guidelines, and OSHA requirements. The presenters also discussed employees’ rights under OSHA and how employers should respond when an employee raises COVID-19 concerns, including anti-retaliation law. When discussing key employment law Issues, Emma shared information about restrictions impacting medical testing and confidentiality arising under the Americans with Disabilities Act and Title VII, and Sarah addressed COVID-19-related benefits issues. Kerri advised regarding liability waivers, and Gay concluded with best practice suggestions regarding developing and implementing a workplace pandemic response plan.

Team Helps Sag Harbor Partnership Bring Cinema Streaming Services to New York Village

Partner Jason Casella, Associate Kristen Iglesias, Special Counsel Matt Feldhaus, and Trademark Specialist Carole Duran have represented the Sag Harbor Partnership, a nonprofit dedicated to the preservation and enrichment of the picturesque New York village on the east end of Long Island, since 2014. In 2020, they helped Sag Harbor find a unique way to show movies after the pandemic forced the delay of its long-awaited, iconic cinema re-opening after a devastating fire. Beginning in April, the public could stream first-run films through the cinema’s website. The first three movies selected were “Dona Flor and her Two Husbands,” “The Times of Bill Cunningham,” and “Wild Goose Lake.”

Partner Andy Bart Provides Pro Bono Industry Advice to Struggling Music Venues

Since 2015, Partner Andy Bart has provided pro bono copyright and music industry advice to a number of small struggling music venues in New York and Chicago (thanks to Partner Gail Morse). During the pandemic one of the venues, Roulette Intermedium in Brooklyn, reached out to the firm with a series of pandemic-related issues. Partner Joe Torres selflessly jumped in and led a team that provided employment, corporate, and regulatory advice. Partners Ed Prokop, Kate Spelman, and Emma Sullivan are significant players, as is Associate Samuel Jahangir. Due to their efforts, Roulette was able to air a series of live-streamed performances that provided both an audience and some revenue to extraordinary musicians who are struggling in the absence of live performances.