pollution on trial/media/files/newsinsights/publications… · 2004, and now with several a;liates...

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ABU DHABI | BEIJING | BRUSSELS | DÜSSELDORF | FRANKFURT | HONG KONG | LONDON | MENLO PARK | MUNICH NEW YORK | PARIS | ROME | SAN FRANCISCO | SÃO PAULO | SHANGHAI | SINGAPORE | TOKYO | TORONTO | WASHINGTON, DC A QUARTERLY NEWSLETTER POLLUTION ON TRIAL “It has been an excellent, down and dirty trial experience so far. Intense, focused. The court scheduling has been a bit unpredictable, though. We only knew at 4:30 pm the day before that we would be in trial in Massachusetts the next day at 9:00 am,” says John Padilla, a third year litigation associate in New York, while discussing his pro bono work on behalf of the Conservation Law Foundation (CLF). “Despite the pressures, it’s great to be >ghting for the environment,” he adds. When CLF sought help with its federal lawsuit against the Massachusetts Highway Department (MHD), the >rm jumped in. The >rm took on the case in late January after it had already been set for a bench trial in front of Judge William Young of the Federal District Court of Massachusetts. In an e=ort to safeguard Massachusetts’ waterways, CLF, along with the Charles River Watershed Association and the Leominster Land Trust, >led a complaint against the MHD in July 2006, charging it with violating federal clean water laws by discharging polluted storm water into rivers and streams. At issue is whether the MHD failed to implement a provision of the Clean Water Act requiring it to develop a plan for controlling and cleaning up polluted water ?owing o= its 4,000 miles of roads and bridges. When rain falls and then ?ows o= roads it picks up pollutants, explains Kathleen Schmid, a >rst year litigation associate who is part of the trial team. “Everything from car antifreeze, road salt, and de-icing chemicals, to toxic metals, pet waste, and trash, is carried along by the storm water and into rivers, streams, and lakes, causing damage to those ecosystems,” she says. “It’s vital that the MHD create a plan for storm water discharge that meets the requirements of federal environmental law in order to protect the water quality of the region.” Over the last two years, the MHD has >led two motions to dismiss and a motion for summary judgment, all of which were denied. “The case is in an interesting posture,” says Padilla as he noted its history. “The MHD continued on page 3 POLLUTION ON TRIAL 1 AIDING THE HOMELESS 2 LONG ROAD TO VICTORY IN VAWA PETITIONS 4 SOCIAL ENTREPRENEURSHIP IN ARGENTINA 6 REPRESENTING HONG KONG ASYLUM SEEKERS 7 LAWYERS AND NURSES TEAM UP 8 IN THIS ISSUE SPRING.08 Sin-Lei Ng, Liliana Del Villar Arias, Leah Kelly, James Diaz, Cynthia Liebman, John Padilla, Kate Schmid, Chris Kilian, Kate Bowditch, and Yan Au

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Page 1: pollution on trial/media/Files/NewsInsights/Publications… · 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at

ABU DHABI | BEIJING | BRUSSELS | DÜSSELDORF | FRANKFURT | HONG KONG | LONDON | MENLO PARK | MUNICHNEW YORK | PARIS | ROME | SAN FRANCISCO | SÃO PAULO | SHANGHAI | SINGAPORE | TOKYO | TORONTO | WASHINGTON, DC

A quArterly newsletter

pollution ontrial “It has been an excellent, down and dirty trial experience

so far. Intense, focused. The court scheduling has been

a bit unpredictable, though. We only knew at 4:30 pm

the day before that we would be in trial in Massachusetts

the next day at 9:00 am,” says John Padilla, a third year litigation associate in New York, while

discussing his pro bono work on behalf of the Conservation Law Foundation (CLF). “Despite

the pressures, it’s great to be >ghting for the environment,” he adds.

When CLF sought help with its federal lawsuit against the Massachusetts

Highway Department (MHD), the >rm jumped in. The >rm took on the case

in late January after it had already been set for a bench trial in front of Judge

William Young of the Federal District Court of Massachusetts.

In an e=ort to safeguard Massachusetts’ waterways, CLF, along with

the Charles River Watershed Association and the Leominster Land Trust,

>led a complaint against the MHD in July 2006, charging it with violating

federal clean water laws by discharging polluted storm water into rivers and

streams. At issue is whether the MHD failed to implement a provision of the

Clean Water Act requiring it to develop a plan for controlling and cleaning

up polluted water ?owing o= its 4,000 miles of roads and bridges.

When rain falls and then ?ows o= roads it picks up pollutants, explains

Kathleen Schmid, a >rst year litigation associate who is part of the trial team.

“Everything from car antifreeze, road salt, and de-icing chemicals, to toxic

metals, pet waste, and trash, is carried along by the storm water and into

rivers, streams, and lakes, causing damage to those ecosystems,” she says.

“It’s vital that the MHD create a plan for storm water discharge that meets

the requirements of federal environmental law in order to protect the water

quality of the region.”

Over the last two years, the MHD has >led two motions to dismiss and

a motion for summary judgment, all of which were denied. “The case is

in an interesting posture,” says Padilla as he noted its history. “The MHD

continued on page 3

pollutionontrial 1

aidingthehomeless 2

longroadtovictoryinvawapetitions 4

socialentrepreneurshipinargentina 6

representinghongkongasylumseekers 7

lawyersandnursesteamup 8

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sin-lei ng, liliana Del Villar Arias, leah Kelly, James Diaz, Cynthia liebman, John padilla, Kate schmid, Chris Kilian, Kate Bowditch, and yan Au

Page 2: pollution on trial/media/Files/NewsInsights/Publications… · 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at

sheArmAn & sterling | proACtiVe | �sheArmAn & sterling | proACtiVe | �

One program o=ering legal services to the homeless is Homeless Experience Legal Protection (HELP). Established in New Orleans in 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at shelters and drop-in centers. Shearman & Sterling has participated in HELP’s New York program since its inception in 2006, sta;ng locations with two to four attorneys every Friday in November and the >rst two Fridays in December.

Volunteers serve in three centers in Manhattan: The Center for Employment Opportunities (CEO), which operates a job training program for individuals just released from prison; Project Renewal-Third Street Shelter, a men’s shelter that also provides counseling and job training; and Urban Pathways-The Open Door, a drop-in center for homeless men and women with a particular focus on reaching out to those living on the streets and in bus, train, and subway stations.

Participating lawyers do not represent individuals; rather, they o=er assistance by identifying legal issues, researching the law, and making recommendations. Areas of law that people most often need assistance with are public bene>ts, housing, immigration, child support, and recovering lost identi>cation documents.

“It was very enlightening to me on many levels,” says Kim A. Simmonds, a second year M&A associate who volunteered at the Third Street Shelter.

“Obviously, several individuals had housing problems, and another had issues regarding disability payments,” she explains. “Most of the clients had wrenching stories and really needed our help. I did a lot of research on housing and social security laws. I learned an enormous amount, and I felt privileged to be able to o=er guidance and potential solutions to clients’ problems.”

Working alongside Simmonds was >rst year M&A associate Jason Kakoyiannis. “What struck me while doing this work is how di;cult it can be for homeless people to navigate the city’s resources,” he says. “The bureaucracy is fairly daunting and without help you can run into a lot of stumbling blocks trying to >nd the proper o;cial or document. I was happy I could be of some assistance.”

HELP is the brainchild of District Judge Jay C. Zainey of the Eastern District of Louisiana. Judge Zainey, along with several of his fellow judges, had spent more than a year serving meals to the homeless in various shelters in New Orleans. “It was an honorable start,” he said, but felt that more could be done, and so he began HELP. Judge Zainey continues to promote the program, traveling to di=erent cities to talk about the issue of homelessness, and reminding volunteers that “as lawyers we have an obligation to use the special skills we’ve been given to give back to the community and minimize homelessness as best we can.”

Kim A. simmonds and Jason Kakoyiannis

AiDing thehomeless

The di;culties that ?ow from being homeless are many but not always

obvious. The lack of a mailing address, for example, can jeopardize

receiving vital social security bene>ts or public assistance. Lost or stolen

identi>cation documents are yet another serious problem. Legal advice is

usually needed to help resolve these and other issues, and it’s volunteer

lawyers who often provide the lifeline.

Page 3: pollution on trial/media/Files/NewsInsights/Publications… · 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at

the BureAuCrACy is fAirly DAunting AnD without help you CAn run into A lot of stumBling BloCKs trying to finD the proper offiCiAl or DoCument.

“”

—KaKoyiannis

Pollution on Trial | continued from cover

claims that it received a valid permit from the Environmental Protection Agency to discharge storm water. Whether MHD has received a valid permit is questionable; even if it has, we would argue that it has violated the terms of that permit. Either way, MHD is in violation of federal environmental laws by discharging polluted water.”

“The goal is to get the MHD into compliance and stop the pollution,” says Schmid, “rather than seeking mon-etary damages.” Schmid worked for three years for the New York City Council’s legislative committee on water fronts prior to law school, and also founded and runs the Newtown Creek Alliance, which works to clean up the polluted industrial waterway between Brooklyn and Queens. “This trial has been a rare opportunity for us to work on the substantive issues in an environmental case. Usually these types of cases settle or are decided on motion. I’ve learned an enormous amount, both about trials and environmental law.”

Founded in Massachusetts in 1966, CLF is the oldest environmental advocacy organization in the Northeast.

“As a non-pro>t environmental organization, we are limit-ed in terms of funds and sta;ng,” says Cynthia Liebman, a CLF sta= attorney working on the case. “Putting on a federal trial requires an immense commitment of resources, which is why we sought pro bono assistance when it became clear the case wasn’t going to settle. And

Many other associates participated in the HELP shel-ter project in 2007 as well: Alexandros Aldous (NY-LT), Eyal Dror (NY-LT), Bronwen Mason (NY-LT), Joji Ozawa (NY-CM), Kate Mitchell (NY-MA), Christopher Tulimieri (NY-PR), Gregory B. Milne (NY-PR), Douglas Jones (NY-TX), Daniel Lewis (NY-LT), Eric Fabricant (NY-AM), Coleen O’Mara (NY-ECEB), Erin Ferrell (NY-ECEB),

the Shearman & Sterling lawyers have been great. Their dedication, substantive skills, and professionalism are very impressive.”

Christopher Kilian, CLF senior attorney and director of its Clean Water Program, points out that the trial is a “case of >rst impression nationally under the Clean Water Act.” Moreover, “MHD has one of the largest infrastructure systems in New England, and it is critical that the system is managed in a way that sets an example for the private sector and municipal gov-ernments,” he says. “Regardless of the outcome of the trial, the stage will be set for the next phase of clean water protection.”

Judge Young has scheduled a >ve-day trial, of which two have been held. The next scheduled court date is likely to be in May.

Litigation associates Robert Whitener and Christopher Halfnight, as well as legal assistants James Diaz and Sin-Lei Ng, are other members of the team working on the case. Litigation partner Henry Weisburg is over-seeing the matter.

Devin S. Lei (NY-CM), Andrew Stephens (NY-AM), Christian Gloger (NY-AM), Michelle A. Crutch>eld (NY-AM), and Brian E. Iorio (NY-BR). Counsel Robert N. Freedman (NY-FN) also participated.

The Pro Bono Group will be seeking volunteers for this year’s HELP program at the end of October.

“the goal is to get the mhD into compliance

and stop the pollution,” says schmid, “rather

than seeking monetary damages.”

| � |

Page 4: pollution on trial/media/Files/NewsInsights/Publications… · 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at

sheArmAn & sterling | proACtiVe | �

Gordano and several other attorneys at the >rm are assisting pro bono clients in their petitions for lawful permanent resident status under VAWA. An applicant for lawful permanent resident status must have a legal basis for such application. A spouse of a US citizen or lawful permanent resident (LPR) can >le for LPR status for his or her immigrant spouse. If abuse occurs in the marriage the immigrant spouse can apply on his or her own for LPR status under VAWA. The Act was passed by Congress in 1994, allowing battered immi-grants – men or women – to >le petitions without their abusers’ assistance or knowledge. VAWA petitions are a;rmative applications and do not require litigation. Attorneys from all of Shearman & Sterling’s US o;ces have volunteered to assist battered spouses applying for relief under VAWA. Volunteer attorneys received train-ing from the non-pro>t organizations that refer the matters to the >rm. Sta= attorneys at these organizations provide ongoing mentoring through the conclusion of the matter. At present, the >rm has approximately ten open VAWA matters.

Ms. M from Mexico, with whom Gordano, a Spanish speaker, is working, was referred to the >rm by Sanctuary for Families in July 2007 as part of a pro bono collaboration between Shearman & Sterling, Bank of America’s legal department, and Sanctuary for Families. Ms. M was married in Mexico in 2004 to a Mexican national who was then in the process of obtaining his US permanent residency. Ms. M, a lawyer in her native country, did not want to come to the United States, but her new husband insisted, telling her they would stay only until he received his “green card” (LPR status). Later that year, when Ms. M’s husband received LPR status, she assumed they would be returning to Mexico; indeed, she had not quit her job in Mexico City, think-ing she’d be back soon. Her husband refused to go back to Mexico, and he became physically and emotionally

invawapetitionsAdvising a battered woman is challenging for any lawyer. “It’s very hard to interview a person about the details

of violent acts she has su=ered. It can become emotional and draining,” says Alejandro A. Gordano, an associate

in capital markets who is representing a battered immigrant woman in her application for relief under the

Violence Against Women Act (VAWA). “The amount of documentation and the level of detail required to >le a

VAWA self-petition is enormous and every fact must be gone over meticulously,” he explains.

Alejandro gordano, rachelle Abrahami, and em

manuel Andre

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violent toward her. During this time, the couple had a child, now 3½ years old, born in the United States. Eventually, Ms. M ?ed with her daughter to a domestic violence shelter.

“We’ve recently completed all the documentation for her case,” says Gordano, “and will be >ling her peti-tion soon. Ms. M would like to return to Mexico, but because her daughter is a US citizen, she cannot take the child with her without the father’s permission. So she must stay and start all over again here. It’s a very sad situation.”

Teaming up with the >rm on this case are two attorneys from Bank of America, Todd Baskin and Amanda Vaughn.

A second matter being handled through the col-laboration with Bank of America and Sanctuary for Families concerns a Haitian woman, Ms. SL. Ms. SL, a singer, was visiting relatives in New York in 2006 when she was introduced to the man who would become her husband. Ms. SL’s marriage was tumultuous, and in March 2007 her husband savagely attacked her with a hammer, striking her head many times and breaking one of her >ngers. Terri>ed, Ms. SL jumped out of a second-story window to escape. She was hospitalized for several days and her husband was arrested and charged with attempted murder.

Emmanuel Andre, a litigation associate who also speaks Creole, has been working on the case since November 2007. Talking about his work on the matter,

Page 5: pollution on trial/media/Files/NewsInsights/Publications… · 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at

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Andre notes that “it has been an experience that leaves one at a loss for words.” He is also impressed by the level of commitment and resources the firm devotes to its pro bono cases. “Helping this woman with her petition knowing you’re making a substantive change in her life for the better, it’s a good feeling. It’s great to know that the firm supports this work completely.”

The evidence gathering and petition drafting on Ms. SL’s case is nearing completion. The Bank of America attorneys on the case are Abby Meiselman, Lauren Mullen, and Caroline Burgonio.

In the San Francisco o;ce, finance associate David Swarthout and capital markets associate Derek Dalmer are working on a VAWA petition for Ms. C. Ms. C met her future husband online in 2005 while she was in the Philippines and he was in the United States. After a few months of e-mails and lengthy phone calls, he visited Ms. C in the Philippines, spending a few weeks with her and her family. The couple fell in love and decided to marry. Ms. C remained in her home country while her fiancé arranged for her to join him in the United States, which she did in the fall of 2006. They were married shortly thereafter. Within a month Ms. C’s new husband began verbally and emotionally abusing her, isolating her from friends and family, and leaving her without any income. Soon the abuse became physical, and he threatened her on several occasions with a gun. A year after they were married, Ms. C fled for her safety.

“As a corporate lawyer, my interaction with clients is not so emotionally charged and conversations do not cover such personal subjects,” says Swarthout. “It has been a demanding but excellent experience work-ing on this case. We want to do everything we can to help Ms. C.”

After a lot of legwork gathering documents, drafting a;davits, and preparing the petition, Ms. C’s applica-tion was filed in February 2008. “It’s a lengthy process,”

Swarthout points out. “It can take several months before immigration o;cials respond. In the meantime, the client does not have authorization to work and is com-pletely dependent upon the charity of others for support. It’s just a di;cult situation all the way around.”

Ms. C’s case was referred to the firm by Asian Pacific Islander Legal Outreach, a community-based program that provides legal and social services in the San Francisco area.

Despite the hurdles involved in filing VAWA peti-tions, the hard work is eventually rewarded. After five years, pro bono client Maribel Ortega was granted lawful permanent resident status in January 2008. Rachelle Abrahami, the business and administrative attorney in capital markets, worked on the petition.

“I am sincerely grateful and truly indebted to all of my pro bono attorneys at Shearman & Sterling, who were very attentive to my needs from the very first moment,” says Ortega when asked about her vic-tory. “Because of Rachelle, who was with me at the final stretch of my journey before the judge, I am now a lawful resident. Thanks to my wonderful lawyers, I am more confident in myself. I have a good job, and I can visit my country of birth [Mexico] after 20 years [absence]. They have inspired me to share my voice and help other immigrants in this country.”

Ortega recently spoke at the National Conference for Immigrant and Refugee Rights, in Houston, Texas, about her experiences as an immigrant street vendor in New York City. Ortega is also a home attendant for the elderly.

Pro bono specialist Sara Padua acted as an inter-preter and legal assistant on Ms. M’s case, as well as on Maribel Ortega’s petition.

Partners overseeing the VAWA petitions are Tammy Bieber (NY-LT), Clare O’Brien (NY-MA), Henry Weisburg (NY-LT), and John D. Wilson (SF-CM).

Derek Dalmer and David swarthout

i Am sinCerely grAteful AnD truly inDeBteD to All of my pro Bono Attorneys At sheArmAn & sterling, who were Very AttentiVe to my neeDs from the Very first moment.

“”

—ortega

Page 6: pollution on trial/media/Files/NewsInsights/Publications… · 2004, and now with several a;liates across the country, HELP joins with law >rms to provide free legal assistance at

More than >ve years later, many people in Argentina continue to endure >nancial hardship as the country’s emerging market economy struggles to develop in a fragile political climate. HelpArgentina is playing a small but important role by focusing on diverse types of charitable projects – from microcredit and AIDS awareness to think tanks – many of which promote economic and social development.

Shearman & Sterling was asked in December 2007 to assist HelpArgentina with pro bono tax advice in connection with its new program, the Venture Philanthropy Fund for Social Entrepreneurs. Counsel Richard J. Gagnon, Jr. (WA-TX) and associate Elizabeth Pike (WA-TX) volunteered to take on the assignment.

Since 2003, HelpArgentina has been bringing together interested donors in the United States and non-pro>t organizations in Argentina through its Philanthropic Marketplace program. Often donors want to help but are unsure which organization they should donate their money to. Philanthropic Marketplace helps educate donors about the numerous member organizations working with HelpArgentina, so that donors can make informed decisions about their donations. HelpArgentina then allows donors to indicate a non-binding preference as to which member organi-zation will receive the funds. HelpArgentina directs the disbursement of funds and closely monitors the member organizations to ensure that the funds go to charitable uses.

Recently, HelpArgentina has sought to expand on its success in connecting US donors with Argentinian non-pro>ts by starting the Venture Philanthropy Fund. New York Times columnist David Brooks recently wrote about the new generation of social entrepreneurs that have inspired such programs, noting that they are “willfully blind to ideological issues,” and are “data-driven and accountability-oriented.” The projects devel-oped by these social entrepreneurs seek to employ empirical methods to philanthropy and to harness certain virtues of the marketplace to address social maladies.

Under the Venture Philanthropy Fund program, a donor drafts an out-line for a charitable project that he or she will fund. HelpArgentina then solicits proposals from Argentinian social entrepreneurs to take on the project. These entrepreneurs must demonstrate that they have previous experience in the particular area and that this is the >rst time they are applying for institutional funds. A HelpArgentina selection committee consisting of professionals with experience in philanthropy evaluates the proposals. Aided by that evaluation, the donor indicates a non-binding pref-erence as to which organization should be awarded the funds to implement the project. HelpArgentina then closely oversees the disbursement and use of the funds.

Between December 2007 and February 2008, Gagnon and Pike held a number of conference calls with HelpArgentina personnel to gain a bet-ter understanding of the organization’s overall mission generally, and the Venture Philanthropy Fund program in particular. They then identi>ed and researched various issues under the relevant provisions of US tax law and advised the organization on how to keep in compliance with the law. Gagnon and Pike spent approximately 62 hours combined on the project. Of the HelpArgentina engagement, Gagnon says, “It was thoroughly satisfying to assist such a young and enthusiastic organization in addressing age-old problems of poverty and su=ering through innovative means.”

In 2002, Argentina went through a currency crisis. At one point, in?ation

peaked at a monthly rate of 10.4 percent, resulting in a substantial increase

in persons living below the poverty line. A group of Argentinian expatriates

here in the United States decided they wanted to help those in need in their

home country. Thus the US-based non-pro>t HelpArgentina was born.

r i c h a r d j . g a g n o n , j r .

gagnon is counsel in the washington, DC office.

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One such NGO benefiting from this initiative is the Hong Kong Refugee Advice Centre, the only orga-nization in Hong Kong dedicated to providing advice and legal representation to asylum seekers. In 2007, the Advice Centre contacted the >rm requesting any assistance. In response, the >rm agreed to take on two asylum cases, which are now pending before the United Nations High Commissioner for Refugees (UNHCR).

Hong Kong is di=erent from China in that it is not bound by the Geneva Convention or the 1967 Protocol Relating to the Status of Refugees, and so the Hong Kong government does not process asylum claims. All applications for asylum must be made to the UNHCR, a daunting process under the best of circumstances – of the approximately 2,500 people >ling claims with the UNHCR in Hong Kong each year, only 10% result in success. Moreover, the government provides no >nan-cial remuneration for lawyers to assist asylum seekers. Without legal representation, the success rate for asylum claims drops lower still.

Protecting the rights of refugees and asylum seekers is an important issue for Shearman & Sterling, which has a long history of pro bono representation of such individuals, says Paul Strecker, an M&A partner in the Hong Kong o=ice. “The >rm has taken on over 50 such cases worldwide within the past few years. We are happy to have partnered with the HK Refugee Advice Centre to provide legal assistance and to o=er training and other services, and we are deeply committed to support-ing our lawyers in their pro bono contributions.”

The Hong Kong, Beijing, and Singapore o;ces collectively worked on the two pro bono Advice Centre asylum claims, which included reviewing international refugee law, statement-taking from clients, drafting legal documents, and gathering evidence in support of the claims.

The >rst claimant is a 27-year-old Nepalese woman, Ms. P, who arrived in Hong Kong in July 2007. Maoist insurgents allegedly targeted Ms. P after her husband

Shearman & Sterling has joined forces with several international law >rms in Beijing and Hong Kong working

with the Public Interest Law Institute (PILI), an international non-governmental agency (NGO) that advances

human rights through public interest advocacy. The PILI is helping to build relationships between international

and local >rms and NGOs in need of legal services.

representing hongkongasylumseekers

Ziyang fansu-Ann Cheah nidia wangpaul streckeryung nguyenmatthew Bersani yan liang

had escaped the country. She was allegedly beaten in front of her children, raped multiple times, and then thrown in a jungle and left for dead after she lost consciousness. Neighbors later found Ms. P and took her to a local health clinic. While recovering, she discovered that the Maoists had seized her home and property. Afterward, she felt she had no alternative but to ?ee Nepal.

Mr. G, a Sri Lankan national, is the second claimant. A member of Sri Lanka’s Tamil minority, Mr. G was an adherent of the Liberation Tamil Tigers of Eelam (LTTE) and worked for the rebel group’s television sta-tion. He was arrested by government soldiers in 2001 and allegedly tortured during repeated interrogations over a 3½ month period. He was released as part of the peace accord signed between the government and the LTTE in 2002. After his release from prison, Mr. G left the LTTE, opened a photography shop, married, and had a family. In 2005, the peace accord was breached and another round of violence began, much of it aimed at former LTTE members. Mr. G soon discovered he was under surveillance from armed groups linked to the government. Fearing for his life, he left the island and sought refuge in Hong Kong in September 2006.

“This work represents a rare opportunity to directly use international human rights principles in the practice of law,” says Nidia Chih Tang Wang, an M&A associate in the Hong Kong o;ce. “Seeing >rst hand the refugee status determination process and how arduous it is,” she explains, “you come away with a real understanding of the su=ering of these applicants, and of how important legal advice and representation is in these cases. I’ve learned an enormous amount, profes-sionally and personally.”

As of March, no decisions have been issued by the UNHCR in either case. Other attorneys working on the cases are partner Matthew Bersani (HK-CM) and associates Su-Ann Cheah (SI-CM), Ziyang Fan (BJ-CM), Yan Liang (BJ-MA), and Yung Nguyen (SI-CM).

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ABU DHABI | BEIJING | BRUSSELS | DÜSSELDORF | FRANKFURT | HONG KONG | LONDON | MENLO PARK | MUNICHNEW YORK | PARIS | ROME | SAN FRANCISCO | SÃO PAULO | SHANGHAI | SINGAPORE | TOKYO | TORONTO | WASHINGTON, DC

the BNP simply doesn’t have the sta= or resources to pull something such as this together on its own. Also, the IRS is backlogged, so it can take a while to hear from them once all the papers have been >led.”

While waiting for a response from the IRS, the law-yers drafted the BNP’s bylaws as the organization began the process of choosing its board of directors.

In early 2008, the BNP received o;cial word from the IRS that it had been approved as a tax-exempt orga-nization and that contributions were now tax deductible, freeing the organization to apply for grants and seek charitable contributions. To date, the BNP has received a $25,000 grant from the United Hospital Fund, a big boost for the ?edgling non-pro>t.

“It was great working on the BNP project with every-one,” says Shih. “I had a lot of client interaction, which was nice, and I learned a lot about the tax process and corporate governance. And the organization is address-ing an important issue in a unique way: educating young people in di=erent Brooklyn neighborhoods about the possibilities of a career in nursing. This was my >rst pro bono experience and I really enjoyed it.”

The BNP case was referred to Shearman & Sterling by Lawyers Alliance for New York. The group pairs pro bono lawyers from law >rms with non-pro>t commu-nity organizations that need legal services in corporate, tax, real estate, and employment matters.

Shearman & Sterling partner Clare O’Brien (NY-MA) serves on the board of Lawyers Alliance.

please contact:pro Bono Counsel and Director of pro Bono saralyn Cohen at �1�.8�8.8��� or [email protected] with questions or article ideas.

i n t h e n e x t i s s u e

Attorneys tAKe pArt in the

nyC fAmily Court proJeCt

the grAmeen founDAtion

Copyright © �008 shearman & sterling llp. As used herein, “shearman & sterling” refers to shearman & sterling llp,

a limited liability partnership organized under the laws of the state of Delaware.

proactive is a review of pro bono activitiesat shearman & sterling llp.

In New York, the newly formed Brooklyn Nursing Partnership (BNP) is collaborating with a number of Brooklyn’s nursing colleges and hospitals to recruit students from the borough’s culturally diverse and low-income communities. The organization’s mission also includes raising monies for increased training resources, as well as educational subsidies for Brooklyn nurses seeking advanced practice degrees.

Helping launch the BNP were Shearman & Sterling partners Stephen T. Giove (NY-CM) and Don J. Lonczak (NY-TX) and associate Irene Shih (NY-CM). In December 2006, the team worked with the BNP on its incorpora-tion as a non-pro>t in New York. Once that task was completed, they moved on to preparing the lengthy application for federal tax exemptions – a process that took over a year.

“Filing an application for federal tax exemption is a big undertaking,” explains Shih. “The IRS requires an enormous amount of documentation and exhibits, and

lAwyers AnD nursesteamupThe United States is in the midst of an alarming nursing shortage that is only expected to intensify within the

next few years. Across the country, health care providers, educators, and government o;cials are putting their

heads together to >nd solutions to the growing problem.

irene shih

AnD the orgAniZAtion is ADDressing An importAnt issue in A unique wAy: eDuCAting young people in Different BrooKlyn neighBorhooDs ABout the possiBilities of A CAreer in nursing.