Covington & Burling LLP

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Stuart Logan
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1 Main US office location: One City Center Washington, DC (202) THE STATS No. of Attorneys: 761 No. of Offices: 10 Chairman: Timothy Hester Who s Who How many pro bono coordinators and/or partners does the firm have? 4 Please provide the primary pro bono contact(s) s information below. Alan Pemberton Senior Counsel, Chair, Public Service Committee (202) apemberton@cov.com Approximate percentage of his/her time spent on pro bono work/administering pro bono program: 30% Does the firm have a pro bono committee? If so, how often does the committee meet? As needed Please describe the composition of the committee (500 character limit): Approximately 50 members consisting of partners, counsel, associates and staff from most of the firm s offices. THE SCOOP Does the 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? The firm considers any new matter that does not raise conflict of interest issues, that will result in the provision of legal assistance to individuals and organizations not otherwise able to afford legal representation or when such assistance serves the public interest, and that can be staffed by attorneys with requisite legal expertise to provide high quality representation to the client. The firm encourages lawyers to pursue pro bono work in their areas of interest. Has the firm signed on to the law firm pro bono challenge? What are some of the areas of law in which your firm has performed pro bono legal work since 2014? Asylum; Bankruptcy; Civil rights; Community economic development; Consumer law and small claims court; Death penalty defense; Disability benefits; Domestic violence; Education; Elder law; Employment; Environment; Fair housing/ tenants rights; Family law; First Amendment and constitutional issues; HIV/AIDS advocacy; Homeless advocacy; Immigration; Indigent criminal defense; Nonprofit corporate law; Nonprofit incorporation/tax exemptions; Nonprofit intellectual property; Parole hearings; Police misconduct; Prisoners rights; Social security law; Probate law; Public benefits; Real estate transactions; The arts and historic preservation; Veterans benefits/appeals; Voting rights Are there areas of law in which, as a matter of policy or practice, your firm does not perform pro bono work? If so, please indicate the specific areas below. If not, please select none. Product liability List up to 10 of your firm s pro bono clients or partners since 2014, including legal service providers or clearinghouses. American Civil Liberties Union Bread for the City 92

2 Bronx Defenders Children s Law Center Center for Constitutional Rights Human Rights Campaign The Legal Aid Society of the District of Columbia Lawyers Committee for Civil Rights of the San Francisco Bay Area National Veterans Legal Services Program Public International Law & Policy Group List up to three pro bono matters/representations that are highlights (e.g., a Supreme Court case). Reversal of a Capital Sentence Covington represented Garrett Dotch, who was convicted and sentenced to death in Alabama for the murder of his on-again, off-again girlfriend. Mr. Dotch has a history of mental illness, but the lackluster defense by Mr. Dotch s trial counsel failed to convince the jury to spare his life. Covington represented Mr. Dotch in his unsuccessful direct appeals and then petitioned the trial court for postconviction relief on multiple grounds. During the postconviction evidentiary hearing, a team of four Covington lawyers put on 21 witnesses who pieced together the history of abuse and neglect that Mr. Dotch had endured since birth and his struggles with mental illness. Covington also established that a member of Mr. Dotch s jury failed to disclose in voir dire that a close family member had been the victim of a crime similar to the allegations against Mr. Dotch. At the close of the hearing, the judge called Covington s representation of Mr. Dotch amazing and almost surreal. Based on the evidence Covington presented, the judge, who had previously sentenced Mr. Dotch to death, vacated both Mr. Dotch s conviction and his sentence. This result is extremely rare in Alabama, and it will be important precedent for the state s death-penalty bar. Covington remains involved and now represents Mr. Dotch in connection with his re-trial on capital murder charges. Ensuring Due Process Rights Covington and its co-counsel, Advancing Justice-Asian Law Caucus ( ALC ), teamed up to represent Mosed Shaye Omar, a U.S. citizen whose passport had been revoked at the U.S. Embassy in Yemen solely on the basis of a coerced statement in which he purportedly confessed that Mosed Shaye Omar is not his real name. Covington and ALC brought suit in the Northern District of California against the State Department on behalf of Mr. Omar, challenging the revocation on due process and Administrative Procedure Act grounds. A U.S. Magistrate judge granted summary judgment in favor of Mr. Omar, holding that it was arbitrary and capricious for the State Department to revoke a passport based solely on a confession that our client s undisputed testimony establishes he did not understand and that was obtained under coercive conditions. Securing Justice for Immigrant Workers Covington, along with the Southern Poverty Law Center and the American Federation of Teachers, sued a California recruiting firm and its president on behalf of a class of Filipino teachers hired to work for Louisiana school districts under H-1B guest worker visas. We complained that defendants had misled them about the fees they would need to pay to obtain jobs in the U.S. After six days of testimony, the jury awarded $4.5 million in damages to the class. Covington took the lead in defending the jury s award on appeal. Less than a month after oral argument, the Ninth Circuit unanimously affirmed. BY THE NUMBERS What is the total number of hours that lawyers at your US office(s) spent performing pro bono legal services, as defined by the law firm pro bono challenge, in 2014 and 2015? Do not include summer associate or non-lawyer pro bono hours in your answers. 2014: 77, : 80,510 What was the attorney headcount in your firm s US office(s)? 2014: : 761 Using the number of attorneys listed above, what is the average number of pro bono hours per attorney in your firm s US office(s) during the following years? 2014: : 106 What percentage of attorneys employed in 2014 and 2015 in your firm s US office(s) did at least 20 hours of pro bono work during that calendar year? 2014: 59% 2015: 64% 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? If so, are those evaluations taken into account in determining salary or bonuses?, they are taken into account in determining bonuses Visit for company rankings, ratings and reviews to learn what it s really like to work in an industry or company and how to position yourself to land that job. 93

3 Are those evaluations taken into account in determining advancement within the firm? Is there a pro bono requirement at your firm? No 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? No Does the firm consider pro bono hours when determining bonuses? PRO BONO POINTS What training opportunities are open to associates working on pro bono matters? The firm participates in many bar-sponsored training programs throughout the year, and often hosts training programs conducted by a variety of legal services organizations (e.g., training on immigration relief for unaccompanied minors, asylum cases, custody and adoption, guardian ad litem, landlordtenant, parole, Social Security, veterans benefits). In addition, the firm sends attorneys to specialized training as the needs of specific pro bono cases dictate, (e.g., seminars on death penalty representation). Does the firm offer the use of support staff in handling pro bono matters? Please indicate how many total hours and average hours per person your summer associates spent performing pro bono work in 2014 and Please round to the nearest hour and include numbers only: do not use commas, decimal points or labels. Total hours summer associates spent on pro bono work 2014: 3, : 4,608 Average hours per summer associate spent on pro bono work 2014: : 49 Percentage of summer associates in your firm s U.S. office(s) engaged in pro bono work 2014: 78% 2015: 88% Please provide any additional information about pro bono opportunities available to summer associates. Summer associates are offered the same variety of projects as are available to the firm s attorneys. Does the firm have established programs, such as externships, that enable its associates to work in a public interest setting? If so, please describe the established program(s) and their duration, if applicable. Two associates and one paralegal at the Neighborhood Legal Services Program (six months, full-time rotation). One associate and one paralegal at the Children s Law Center (six-months, full-time rotation). One associate at Bread for the City (six months, 50 percent time rotation). What other law-related public interest and community service programs (that are not pro bono as defined by the law firm pro bono challenge) do you offer and manage? For example, list any law school collaborations and public interest scholarships, auctions at law schools, monetary support, or fellowships applicable. The Covington & Burling Howard C. Westwood Fellowship was created in 1991 to help address the serious shortage of poverty lawyers in the District of Columbia. Graduates of local law schools are selected each year for oneyear assignments at a local legal services provider. The fellowships are named for a late Covington partner who was instrumental in the formation of legal services programs both locally and nationally. These fellowships have spawned the public interest legal careers of a number of new lawyers in the District of Columbia. In 2013, Covington committed to cosponsoring an Equal Justice Works fellowship with Northrop Grumman Corporation. Through this two year fellowship, we are supporting a recent law graduate working at Helping Military Veterans Through Higher Education (HMVHE). The HMVHE fellow is working to establish a model consortium of higher education institutions in Virginia to aid veterans and active duty military personnel with medical and disability issues, reemployment and reintegration. In 1992, the firm began a partnership with Cardozo Senior High School in the District of Columbia, a public school with an ethnically and racially diverse student body. Through the partnership, our attorneys prepare students for an annual mock trial competition. 94

4 Many Covington lawyers teach at law schools and serve as board members on numerous law institutes, court councils, bar committees, and non-profit legal services providers. The firm s Charitable Contributions Committee meets several times a year to consider requests for financial contributions from the providers of direct legal services. What non-law related volunteer opportunities does your firm offer? For example, list any work with high school students and non-legal volunteerism for organizations like Habitat for Humanity. As part of our partnership with Cardozo Senior High School, a weekly academic enrichment program is held at the firm s D.C. office for a number of students. Firm lawyers and staff coordinate and volunteer in this program. The firm endowed four full scholarships to the University of the District of Columbia in honor of deceased partner Charles A. Horsky, who was instrumental in the founding of the University. A member of the firm sits on the University s scholarship selection committee. The firm offers scholarships to staff members who are enrolled in accredited two- and four-year schools. The Maureen Shaffer Scholarships are named for a former Covington personnel director. The firm s Covington & Burling Public School Project, Inc. is a charitable organization founded in 2002 that offers small grants to teachers and staff of DC s public school for the purpose of enriching their students educational experience. The board of directors is comprised of firm lawyers and staff. Each November and December, the firm organizes several fundraisers and meal/clothing/toy drives to assist disadvantaged children and families Please list special recognition or awards your firm has won in the last three years for its pro bono work.. Law360 designated Covington as a Pro Bono Firm of the Year in 2014, 2015 and District of Columbia Bar Covington was selected as the 2015 Pro Bono Law Firm of the Year. New York State Bar Association Access to Justice Award (2015) Legal Services Corporation Law Firm Pro Bono Award for California Offices (2015) National Law Journal Covington was named to NLJ s Pro Bono Hot List in 2013 and Asian Americans Advancing Justice Asian Law Caucus - Pro Bono Honoree (2016) Campaign to Keep Gun Off Campus Pro bono honoree for work with Legal Action Project (2016) The American Lawyer Global Pro Bono Dispute of the Year (2015) Asian Law Alliance Community Impact Award (2016) National Legal Aid & Defender Association Covington received the Beacon of Justice Award in 2015 for the depth and impact of our work expand opportunities for those unable to afford counsel. The Justice & Diversity Center Outstanding Volunteer in Public Service Award (2015). Washington Lawyers Committee Outstanding Achievement Award (2015) Neighborhood Legal Services Program Covington was presented with NLSP s inaugural Enduring Impact Award for longstanding commitment to legal services and NLSP as a pro bono and advocacy partner, donor of rotating associates for 45 years, and sponsor of the Howard Westwood fellowships. B nai B rith International Distinguished Achievement Award honoring Covington s dynamic leadership and demonstrated commitment to diversity and public service. Washington Lawyers Committee Outstanding Achievement Awards - for work with the Criminal Justice and Disability Rights Projects. Center for Constitutional Rights Legal Partnership Award for our work on (and our trial victory in) the Floyd case, which challenged NYPD stop-and-frisk policies that involved racial profiling. Asian Pacific American Legal Resource Center Access to Justice Award Since 2003, the D.C. Circuit Judicial Conference has recognized those firms where at least 40% of the attorneys perform 50 or more pro bono hours during the previous year. Covington has achieved this so-called 40 at 50 benchmark each year. The American Lawyer magazine has ranked Covington s pro bono practice among the top five firms for 21 of the past 26 years, including ten years at number one. Asian American Legal Defense and Education Fund - Justice in Action Award (awarded to Eric Holder) (2016). The National Legal Aid & Defender Association (NLADA) 2016 Justice John Paul Stevens Lifetime Achievement Award to Eric Holder. Council for Court Excellence Justice Potter Stewart Award (Awarded to Tom Williamson) (2016) Legal Aid Society of the District of Columbia 27th Annual Servant of Justice Award (awarded to Tom Williamson) (2016) Prisoners Legal Services of New York Hon. J. Clarence Herlihy Award (2015) (Awarded to Colin Watson.) Voices for a Second Chance Charles A. Horsky Civic Leadership Award (awarded to firm chairman Timothy Hester and public service committee chair Alan Pemberton). Visit for company rankings, ratings and reviews to learn what it s really like to work in an industry or company and how to position yourself to land that job. 95

5 Legal Aid Society of the District of Columbia Klepper Prize for Volunteer Excellence (awarded to Stephanie Doebler). California Lawyer of the Year Award Stan Young honored for work on (and trial victory in) class action racial profiling suit (Melendres v. Arpaio), as co-counsel to the ACLU. Please add any additional information about your firm s pro bono program. You might want to touch on some of the following issues: firm s pro bono philosophy; procedures for undertaking pro bono; assignments; staffing of pro bono cases; general volunteering opportunities (outside of legal services); salary structure as it relates to pro bono work and billable hours or bonuses; international pro bono; opportunities; pro bono hours by office or region, including overseas. Covington is a leading international law firm, with more than 800 lawyers practicing in Washington, New York, San Francisco, Silicon Valley, Los Angeles, London, Brussels, Beijing, Shanghai and Seoul. The American Lawyer magazine has ranked Covington s pro bono practice among the top five firms in the United States for 21 of the past 26 years, including ten years at number one. Much of Covington s pro bono work reflects the firm s commitment to providing legal services to economically disadvantaged individuals and families in our surrounding communities. Each year, Covington loans eight associates and two paralegals to local legal services programs for six-month rotations, including at the Neighborhood Legal Services Program in D.C., where the firm pioneered the loaned associate model in The firm also handles numerous death penalty and wrongful conviction matters across the U.S., as well as other important civil and human rights matters, including systemic reform projects concerning homelessness, marriage equality, freedom of expression, juvenile justice, mental health and government-sanctioned discrimination. Our lawyers work on matters that address conflict, instability and poverty around the world. By partnering with organizations such as the Public International Law & Policy Group, Global Rights, The Nature Conservancy and Internews, firm lawyers have contributed significantly to efforts to increase capacity for peace, support for human rights, environmental sustainability and political stability in various regions, including Africa, Latin America and the Middle East. Lawyers in all of Covington s offices are also advising hundreds of NGOs focused on improving conditions in the world s poorest regions. 96

The value of a man resides in what he gives and not in what he is capable of receiving.

The value of a man resides in what he gives and not in what he is capable of receiving. Albert Einstein At Sullivan & Cromwell, we have a long tradition of encouraging pro bono involvement by our lawyers