PORTER WRIGHT MORRIS & ARTHUR LLP

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1 PORTER WRIGHT MORRIS & ARTHUR LLP 41 South High Street Suites Columbus, OH Phone: (614) LOCATIONS Cincinnati, OH Cleveland, OH Columbus, OH Dayton, OH Naples, FL Washington, DC THE STATS of attorneys: 245 of offices: 6 Managing Partner: Robert W. (Buzz) Trafford Hiring Partner: Erin F. Siegfried EMPLOYMENT CONTACT Erin F. Siegfried Partner in Charge of Professional Personnel Phone: (614) Fax: (614) esiegfried@porterwright.com MAJOR DEPARTMENTS & PRACTICES Antitrust & Trade Regulation Banking & Finance Biotech & Medical Technology Construction Corporate & Securities Employee Benefits Entrepreneurial Business Environmental Law Estate Planning & Wealth Preservation Government & Regulatory Affairs Government Contracts Green Practice Health Care Immigration Information Privacy & Data Security Intellectual Property International Business & Trade Labor & Employment Litigation Mergers & Acquisitions Nanotechnology Real Estate SEC Investigations & Enforcement Actions Tax Technology Transportation & Logistics Utilities & Energy White Collar Crime & Government Enforcement 560

2 WHO S WHO Principal pro bono contact(s) at your firm: David P. Shouvlin Partner and Pro Bono Coordinator Phone: (614) Fax: (614) dshouvlin@porterwright.com Does the firm have a pro bono coordinator? Yes, David P. Shouvlin. What percentage of his or her time is spent on pro bono work and/or administering the firm s pro bono program? A significant percentage. Does the firm have a pro bono committee? How often does the committee meet? Quarterly. Describe the composition of the committee. The firm s pro bono committee consists of one partner, David P. Shouvlin, and three associates. THE SCOOP Does your firm have a written pro bono policy? Can associates bring pro bono matters of interest to the firm? How does the firm decide whether to take on a pro bono matter? Porter Wright maintains general guidelines about the types of cases it will handle and the types of clients it will represent on a pro bono basis and strives to represent parties in matters in which the public good is expressly served by the firm s involvement. Has the firm signed on to the Pro Bono Institute s Law Firm Pro Bono Challenge? What are some of the areas of law in which your firm performed pro bono legal work in 2007 and 2008? Porter Wright performs pro bono legal services in a host of areas, including: First Amendment litigation Intellectual property Domestic violence/divorce Landlord-tenant disputes Death-row appeals Social Security benefits Veterans benefits Civil rights The unauthorized practice of law The formation of nonprofit organizations What are some of the areas of law in which your firm did not perform pro bono work? The firm has not identified specific areas in which it would be unwilling to consider providing pro bono services and determines which pro bono matters it will undertake on a case-by-case basis. List up to 10 organizations for which your firm performed pro bono legal services in 2007 and Capital University Family Advocacy Clinic Local bar associations, including the Columbus Bar Association, the Cincinnati Bar Association Grievance Committee, the Dayton Bar Association, and the Cleveland Bar Association Boys and Girls Club of Columbus National Organization of Social Workers Ohio Legal Assistance Foundation Northeast Ohio Coalition for the Homeless Legal Aid Society of Cleveland Appleseed Foundation Columbus Coalition Against Family Violence Columbus Diocese and Catholic Social Services, Interfaith Legal Clinic List up to three pro bono matters that are representative of the pro bono work your firm participates in. Capital University s Family Advocacy Clinic: A large number of Porter Wright attorneys have handled cases dealing with issues related to domestic violence, including civil protection orders, and divorce. Since the firm began this work in 2003, its attorneys have assisted approximately 100 victims of domestic violence. Federal District Court Pro Se Litigant Assistance: At the request of Federal District Court Judges in the Southern District of Ohio, Porter Wright attorneys have assisted approximately five pro se litigants in civil matters pending before the court. This work has been on behalf of both plaintiffs and defendants. Families of Flight 93: Porter Wright is assisting the Families of Flight 93 Visit Vault at for insider company profiles, expert advice, career message boards, expert resume reviews, the Vault Job Board and more. 561

3 in their efforts to open, by September 11, 2011, a memorial for the 40 heroes of Flight 93 who lost their lives and saved countless others in our nation s capital on September 11, In particular, Porter Wright serves as the organization s buyer s agent for land acquisition and helped to secure the exercise of eminent domain over core land for the memorial site and assure federal and state appropriations, among many other tasks critical to the project s success. List up to three pro bono matters that are highlights: Election Law: The firm led a team of lawyers challenging Ohio s voteridentification laws on behalf of the Northeast Ohio Coalition for the Homeless (NEOCH) and others in litigation that began before the 2006 election and continues beyond the 2008 election. The original lawsuit in 2006 alleged that the voter-identification laws were applied in significantly different ways by counties across Ohio in violation of the Equal Protection Clause of the Fourteenth Amendment and that some who cast absentee ballots would not have their ballots counted as a result. Our lawyers were successful in obtaining uniform and consistent rules for provisional ballots from a federal court in advance of the 2008 election. When, however, the Ohio Republican Party raised similar issues during the 2008 election, the Ohio Supreme Court issued an order that conflicted with the federal court order and our attorneys moved to enjoin the Ohio Supreme Court s order and enforce the federal court s order. The matter is ongoing. Unauthorized practice of law: Porter Wright represents the Columbus Bar Association (CBA) on a pro bono basis in a case filed against American Family Prepaid Legal Corporation, Heritage Marketing and Insurance Services, Jeffrey Norman, Stanley Norman and numerous sales and insurance agents, alleging that they engaged in the unauthorized practice of law by operating a national trust mill scheme that affected approximately 8,000 Ohio senior citizens. Porter Wright obtained extremely favorable summary judgment victories for CBA and continues to advance CBA s cause in this ongoing litigation, which is now pending before the Ohio Supreme Court. Porter Wright also defended CBA when American Family filed a collateral lawsuit against it challenging the constitutionality of the Ohio Supreme Court s unauthorized practice of law rules. The Sixth Circuit Court of Appeals affirmed dismissal of the case, and the federal court hearing the case awarded fees to CBA, finding the case unreasonable, frivolous and without foundation. Porter Wright is also involved with related bankruptcy proceedings pending in California. Civil Rights: The firm represented a plaintiff who had been proceeding pro se in a 42 U.S.C action against the police officers who arrested him as well as the corrections officers at the jail where he was detained. Our client claimed excessive use of force and deliberate indifference to his medical needs. We took nine depositions and prepared the response to defendants motion for summary judgment. Before the court ruled on the motion for summary judgment, defendants made a substantial monetary settlement offer. We negotiated for an even larger monetary settlement, and our client settled with defendants for a substantial sum of money. We are currently representing another prisoner in connection with his claims that prison officials and the Ohio Department of Rehabilitation and Corrections wrongfully denied him access to religious materials. BY THE NUMBERS What is the total number of hours that lawyers at your U.S. office(s) spent performing pro bono legal services? Total number of pro bono hours in 2006: More than 12,000 Total number of pro bono hours in 2007: More than 9,000 Total number of pro bono hours in 2008: More than 7,500 How many attorneys were in your firm s U.S. office(s)? Number of attorneys as of August 31, 2006: 301 Number of attorneys as of August 31, 2007: 276 Number of attorneys as of August 31, 2008: 245 Average number of pro bono hours per attorney in your firm s U.S. office(s) per year: Average number of hours per attorney in 2006: 39 Average number of hours per attorney in 2007: 32 Average number of hours per attorney in 2008: 31 What percentage of attorneys in your firm s U.S. office(s) did at least 20 hours of pro bono work in 2008? Over 50 percent of our attorneys devote a number of hours to pro bono service with some of our attorneys contributing hundreds of hours to our pro bono docket. SUPERVISION AND EVALUATIONS Is there partner supervision on all pro bono matters? Do partner supervisors or, if applicable, senior associates provide written evaluations of associates work on pro bono matters? Are those evaluations taken into account in determining salary, bonuses or advancement in the firm? Yes, the firm factors many considerations into the evaluation of its attorneys including the scope and nature of each lawyer s pro bono activities. 562

4 REQUIREMENT Is there a pro bono requirement at your firm? What is the requirement and to whom does it apply? Although the firm does not have a formal pro bono requirement, it encourages all lawyers and professional staff to engage in a substantial amount of pro bono activity, relying on ABA Model Rule 6.1 and its statement that lawyers should aspire to render at least 50 hours of pro bono work per year. HOURS Does the firm give billable hour credit for pro bono work? Does the firm have a maximum number of pro bono hours that can be applied toward the billable hour target? If your firm uses hours to determine bonuses, does it consider pro bono hours when determining bonuses? PRO BONO POINTS What training opportunities are open to associates working on pro bono matters? With respect to the various types of pro bono matters in which the firm participates, it provides associate training from both internal and external sources to allow firm associates to provide reliable, competent, and innovative legal representation in each pro bono matter in which they become involved. Does the firm offer the use of support staff in handling pro bono matters? What pro bono opportunities are available for summer associates? The firm expects all summer clerks to engage in direct pro bono work that provides opportunities for one-on-one contact with clients. In the last two years, all summer clerks have handled one or more pro bono matters as part of their clerkship experience. In 2008, our summer clerks recorded approximately 200 hours of pro bono related work, which averaged approximately 30 hours per clerk. What percentage of summer associates in your firm s U.S. office(s) engaged in pro bono work in 2008? 100 percent. Does the firm have established programs, such as externships, that enable its associates to work in a public interest setting? Where and for up to how long? The firm has provided a number of attorneys both partners and associates with the opportunity to interrupt their service with the firm to work in the public sector in positions ranging from multi-year judicial clerkships to governmental appointments. In addition, the firm remains open to considering appropriate externship opportunities in which its attorneys express an interest. What other law-related public interest and community service programs do you offer and manage? Porter Wright supports an extensive network of public service, civic and charitable organizations through both the professional efforts of our attorneys and staff and through direct program funding. Included in these programs are: Capital University Family Law Clinic Faculty Chair, the Moritz College of Law at Ohio State University Columbus Bar Foundation Columbus Legal Aid Society Appleseed Foundation Cleveland Bar Association Collier County Bar Association Equal Justice Foundation In addition, the firm supports a number of efforts to promote diversity within the legal profession. For example, the firm participates in the Cleveland and Columbus Bar Associations minority clerkship programs and has developed the Minority Law Student Outreach with minority students from The Ohio State University Moritz College of Law and Capital University Law School to explore issues of professional development and diversity in the practice of law. In addition, the firm established the Porter Wright/Ralph K. Frasier Scholarship, which is awarded annually to a promising first-year law student of African-American, Hispanic, Asian-American or Native American descent, and the AEP/Porter Wright Diversity Fellow Program, which offers a selected minority attorney the opportunity to work on and learn about legal issues affecting the energy sector. Visit Vault at for insider company profiles, expert advice, career message boards, expert resume reviews, the Vault Job Board and more. 563

5 What non-law-related volunteer opportunities does your firm offer? Porter Wright maintains a strong dedication to charitable works. Attorneys and staff volunteer their time, knowledge and skills to a wide variety of civic, community and charitable organizations and events. Members of the firm regularly serve as officers, trustees and ambassadors for nonprofit associations. As a firm, we support more than 100 civic and charitable organizations including organizations dedicated to strengthening our children s educational opportunities, supporting those with chronic or debilitating health conditions, advancing the cultural and artistic aspects of our communities, preserving our natural resources, lending a hand to our four-legged friends, assisting families and individuals in need, preserving our heritage, and supporting civic duty. Each year a vast array of fundraising events are supported by the firm, including a dedicated effort (with 100 percent office participation) in support of United Way. In 2008, firm staff and attorneys also donated their time and skills to United Way of Central Ohio agencies including Boys & Girls Club of America, Buckeye Ranch, Faith Mission, LifeCare Alliance, YWCA and the Salvation Army. In many cases, volunteer time took place during normal business hours and counted as time worked. Over the course of the three-month campaign, firm staff and attorneys and their family members contributed more than 2,000 hours to these and other United Way agencies. Has your firm won any special recognition or awards in 2007 and 2008 for its pro bono work? 2008 Partner Joyce Edelman received the Columbus Bar Association s 2008 President s Award for her pro bono work on behalf of the association in connection with its efforts to curtail a trust mill scheme that preyed upon Ohio s elderly population and involved the unauthorized practice of law by non-lawyers. THE FIRM SAYS Porter Wright is dedicated to improving the communities in which we live and work. Therefore, we are vigilant in identifying and providing counsel to persons or entities who, though disadvantaged, are nonetheless entitled to legal representation. It is the firm s expectation that all attorneys will devote a substantial amount of time each year to pro bono work. In addition, our summer associates engage in pro bono representation with most enjoying the opportunity to work one-on-one with clients in a variety of matters including domestic abuse cases, veterans benefits petitions, or landlord-tenant actions. Because of its committed pro bono efforts, Porter Wright and its attorneys are frequently recognized. The Columbus Bar Foundation honored Porter Wright with the 2004 and 2007 Columbus Bar Foundation Award for Outstanding Pro Bono Service by a law firm for the firm s ongoing work in the area of domestic violence. The firm s work with Lawyers for Justice and Capital University s Domestic Violence Clinic was recognized at the foundation s annual meeting. In 2001, Porter Wright received a special award from the Legal Services Corporation for its commitment to delivering pro bono legal services to the community. In recognition of her efforts, Kathleen Trafford, a Columbus partner, received the Columbus Bar Foundation and Association s 2001 Pro Bono Award. And, in 2008, partner Joyce Edelman received the Association s President s Award for her pro bono efforts on the association s behalf. Porter Wright attorneys serve as President of the Board of Trustees of the Equal Justice Foundation and Chair of the Ohio Public Defender Commission. In addition, Porter Wright provides legal counsel at no charge on a continuing basis to many charitable, educational and other nonprofit organizations, including Huckleberry House, the Columbus Museum of Art, Columbus Speech and Hearing Center and Central Community House For the second time in three years, the Columbus Bar Foundation awarded Porter Wright its highest award for outstanding pro bono service to the Central Ohio community. 564

STROOCK & STROOCK & LAVAN, LLP

STROOCK & STROOCK & LAVAN, LLP 180 Maiden Lane New York, NY 10038 Phone: (212) 806-5400 www.stroock.com LOCATIONS New York, NY (HQ) Los Angeles, CA Miami, FL MAJOR DEPARTMENTS & PRACTICES Corporate Employment