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Partner Ana
Francisco and Chairman Brad
Malt are important forces behind the firm's pro bono
program. Ana heads up the Pro Bono Committee, and Brad participates
in one of the firm's environmental pro bono matters. |
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Kristy L. Nardone, pictured at left, is Ropes & Gray's
Pro Bono Manager. Byrne Harrison, Pro Bono Coordinator, and Kathy
Falkenstrom, Pro Bono Assistant, are the other key members of
the firm's Pro Bono Department. |
Ropes & Gray’s commitment to pro bono work is facilitated
by an active Pro Bono Committee, chaired by litigation partner, Ana
Francisco, which identifies and considers prospective initiatives,
and by a Pro Bono Manager and her staff who administer and foster
the firm’s pro bono program. In 2006 and 2007, the attorneys,
summer associates and paralegals of Ropes & Gray dedicated over
70,000 hours to pro bono clients, ranging from transactional work
for nonprofits to cases for individuals referred to us by not-for-profit
legal service providers.
Ropes & Gray encourages our lawyers and staff to engage
in pro bono work. We do not distinguish between pro bono clients
and paying clients in terms of the quality of legal services provided
or for purposes of associate reviews and compensation. By giving
our associates as much credit for time spent on pro bono matters
as for time spent representing the firm’s paying clients, we
ensure our pro bono clients receive the same high level of service
that is Ropes & Gray’s hallmark.
Ropes & Gray’s pro bono activities are too extensive to address
comprehensively on this website. Below are some examples of our pro
bono work to provide a flavor of the depth and breadth of the firm’s
pro bono program. To learn more about the firm’s pro bono
work, please check out the Pro Bono Annual
Report 2006.
Political Asylum/Immigration Representation (“PAIR”)
Project
Since 1994, Ropes & Gray attorneys, each under the supervision of a partner,
have represented indigent PAIR clients seeking political asylum in the United
States. The firm and its lawyers have received several awards from PAIR in recognition
of the significant contribution to its goals of providing legal representation
to those fleeing persecution. Most recently, the firm received the 2007 PAIR
Outstanding Service Award, and one of our associates was selected for the 2006
PAIR Pro Bono Mentor Award for her exceptional work as a mentor to all Ropes & Gray
attorneys representing PAIR clients. This past year, the firm committed over
5,000 hours to 67 indigent asylees.
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Gina
Gebhart (Washington University School of Law '05) and G. Shaun Richardson (William & Mary
School of Law '04) are both active in PAIR and lead the firm's PAIR program.
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Massachusetts Legal Clinic for the Homeless (MLCH)
Under the auspices of the Lawyers Clearinghouse on Affordable Housing
and Homelessness, a team of Ropes & Gray lawyers and paralegals conducts
half-day legal clinics for the disadvantaged twice a year at area homeless shelters.
At these clinics, our lawyers meet with indigent individuals to select those
matters in which we can be of assistance. We have represented many homeless individuals
on a variety of matters, including obtaining Social Security benefits, obtaining
public housing assistance, appealing evictions, negotiating criminal surrenders,
and settling disputes with creditors, taxing authorities, employers and landlords.
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Jeff
Katz (Boston University School of Law '00) and Sarah Clinton (Boston University School of Law '05) not only represent
MLCH clients but they also manage the program.
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Suffolk Probate Court — Lawyer for the Day Program
Our lawyers serve as the “Lawyer for the Day” at
the Suffolk County Probate and Family Court and provide indigent
individuals with legal advice concerning any matter they have pending
(or wish to initiate) in that court. The matters range from child
custody, to paternity testing and divorce, to guardianships, probating
wills and more traditional probate matters.
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Kevin Willis (Suffolk University Law School '96) oversees
the Suffolk Probate Court program and provides training to
participants. |
Boston Housing Court — Attorney for a Day Program and the Trial Attorney Project
Each Thursday (summary process day), for four months of
the year, attorneys from various practice groups within the firm
serve as the "Attorney for a Day" in Boston Housing Court providing
legal advice to pro se indigent parties with matters pending before
the court. Lawyers have advised on eviction proceedings and claims
for compensation for uninhabitable dwellings.
Through this advice-only clinic, the Volunteer Lawyers Project,
working with the housing court judiciary, created the Trial Attorney
Project to allow these pro se parties to benefit from the counsel
of volunteer attorneys inside the courtroom as well. Through the
Trial Attorney Project, volunteer attorneys provide representation
at jury-waived or jury summary process trials. Ropes & Gray
participated in the program as the pilot firm in January 2007.
New York City Bankruptcy Assistance Project
In 2005, with support from the Bankruptcy and Business
Restructuring (Bankruptcy) Department, the firm agreed to be a sponsor
of the New York City Bankruptcy Assistance Project (NYC BAP). NYC
BAP was created at the initiative of the Public Service Committee
of the Federal Bar Council to assist indigent pro
se debtors, primarily
in filing Chapter 7 bankruptcy petitions in the bankruptcy courts
for the Southern and Eastern Districts of New York. These debtors
are low income — 200% of the poverty level — and genuinely
benefit from a bankruptcy. As NYC BAP participants, our attorneys
are given the opportunity to save New York’s most vulnerable
residents from wage garnishments, property seizures, and foreclosures.
Attorneys in both our Boston and New York offices work on these
matters.
The Legal Aid Society of the District of Columbia
The Legal Aid Society of the District of Columbia was formed in 1932 to provide
civil legal aid to individuals, families and communities in the District who
could not otherwise afford to hire a lawyer. Through this organization, Ropes & Gray
attorneys have been able to assist indigent individuals with housing issues,
social security claims, and pro se divorces.
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Samantha
Barrett (University
of North Carolina School of Law '06), left, and Christine
Ennis (University of
Virginia School of Law '06), center, have represented
clients through The Legal Aid Society of the District of
Columbia. Bruce Manheim, right, is a member of the Pro Bono
Committee and a partner in the DC office.
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The Legal Aid Society of San Mateo and The Law Foundation
of Silicon Valley
Both the Legal Aid Society and the Law Foundation focus their efforts on helping
disadvantaged people improve their lives through equal access to justice. Working
with these agencies, the firm has assisted in guardianship matters and with restraining
orders in domestic violence situations.
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Both Christa
Worley (University of California, Berkeley School
of Law '02), left, and Kelly
Baxter (Santa Clara University School of Law '04),
right, have represented clients on guardianship
matters.
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Human Rights First (HRF)
HRF is an international human rights organization based in both New York and
Washington, D.C. Lawyers in both our New York and DC offices have represented
asylum seekers represented by the agency. Attorneys in the New York office
successfully represented a young woman from Guinea who fled her home. She was
persecuted for refusing to submit to a forced marriage and was also a victim
of female genital mutilation.
In 2008, lawyers in our DC office began work on a new matter for a transgender
client from Peru. In his home country, he faced routine harassment from police
and was attacked by gangs.
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Hassan Albakri (Fordham Law School '06) worked with other New
York lawyers to obtain asylum for a young Guinean woman who
sought to escape persecution for her refusal to submit to
a forced marriage to a man over twice her age who already
had three wives. |
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Jessie
Brown (Harvard Law School '06), partner Eric Woglom, and Ryan Tooley (University of Texas School of Law '06) (not pictured) are working
on another asylum case through the organization, Immigration
Equality.
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Death Penalty Cases
Ropes & Gray has two pending death penalty cases. By helping these clients utilize the various avenues of relief available to them to appeal and, if successful, undo their death sentences, Ropes & Gray
joins other firms that seek to ensure that those on death
row have received adequate representation.
Pinochet Matters
Ropes & Gray’s representation of victims of former
Chilean dictator Augusto Pinochet’s regime began with
our participation in efforts to obtain an indictment against
General Pinochet for the murders of Orlando Letelier and Ronnie
Kapen Moffitt in the 1976 Embassy Row bombing in Washington,
D.C. Since then, attorneys have worked closely with Fundación
Presidente Allende, a Spanish foundation established to aid
victims of the Pinochet regime.
Recently, acting on a U.S. Senate report suggesting that Riggs Bank had assisted
Pinochet to conceal millions of dollars in violation of a 1998 asset-freeze order
issued by a Spanish court, we filed a lawsuit against the bank to ensure that
the victims could recover civil damages. We reached a historic settlement with
Riggs Bank to resolve the case, recovering $9 million, an amount equal to General
Pinochet’s funds on deposit at the time of the Spanish court’s
freeze order, for victims of murder, torture, and kidnapping.
The firm is currently assisting Fundación Presidente Allende and Victor
Pey Casado with an arbitration matter related to the Pinochet government’s
seizure of Sr. Pey’s newspaper.
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Partner Sam Buffone leads the firm’s work for the Fundación
Presidente Allende. |
The Carter Center
In April 2007, the Ministry of Mines (the "Ministry") of the Democratic Republic of the Congo (the "DRC") created an Interministerial Commission for the Revisitation of Mining Contracts (the "Commission") to review contracts governing investments in the DRC's mining sector.
The Ministry requested that the Carter Center, a human rights organization founded by former President Carter and his wife Rosalynn, follow the contract review process. The Carter Center, in turn, requested the assistance of the International Senior Lawyers Project ("ISLP) and the ISLP contacted John Reboul. With the assistance of a team of attorneys, John analyzed five of the most important contracts and prepared a memorandum to the Minister of Mines (in English and French translations) commenting in detail on the contracts and concluding that the contracts were some of the most one-sided agreements he had seen in 30 years of practice. The issues of concern included unreasonable internal rates of return, undervaluation of the contribution of assets by DRC governmental agencies, constraints on government regulation, unreasonable transfer pricing determinations, curtailment of reasonable corporate governance, and weak investor performance obligations.
The Commission presented its report and recommendations to
the DRC government in November 2007. Based
on the Commission's report, previous analyses of the agreements,
as well as analyses prepared by the Ropes & Gray team
and Columbia University, the DRC government has determined
that certain terms of many of these agreements
should be renegotiated, and that there may be grounds for
termination of a number of the agreements. The DRC government
has formed a ministerial-level task force to guide "Phase
II" of the contract review process (the "Task Force").
Columbia University volunteers and Ropes & Gray have been
working with the Ministry, including, face-to-face
meetings in Kinshasa, to articulate possible strategies for
implementing DRC government policy in relation to the mining
contracts, and executing Phase II of the contact review process.
This work has culminated in the Ministry's presentation of
a proposed "options
paper" to
the Task Force.
United States Court of Appeals for the District of
Columbia Circuit
Ropes & Gray has represented a number of criminal defendants
in their appeals before the D.C. Circuit Court of Appeals.
We are proud of our ongoing commitment to clients with so
much at stake, and are dedicated to ensuring the protections
guaranteed under our justice system. The following cases are typical of many
such representations.
United
States v. Kevin Jefferson
In a case that is expected to guide procedures for dismissing jurors during deliberations
in federal criminal cases, Ropes & Gray attorneys won reversal of Kevin Jefferson’s
conviction for possession of cocaine with intent to distribute.
The appeal focused on the critical issue of whether, during jury deliberations,
the district court had dismissed a lone holdout juror improperly after the juror
indicated that he did not believe the government’s evidence. Ultimately,
the juror requested and received a dismissal, citing work-related scheduling
problems which the court did not examine fully. On appeal, we argued that the
juror’s dismissal violated Mr. Jefferson’s Sixth Amendment right
to a conviction by a unanimous jury, and that the district court abused its discretion
in dismissing the juror for “good cause.”
The Court of Appeals agreed with our arguments, vacating the conviction and remanding
the case for a new trial. To safeguard defendants’ Sixth Amendment right
to unanimous verdicts in future cases, the Court of Appeals also provided guidelines
that should be considered when a juror requests dismissal for reasons unrelated
to their views of the evidence.
United States v. LaTanya Andrews
We represent LaTanya Andrews in the appeal of her conviction on conspiracy and
bribery charges. Ms. Andrews was indicted for allegedly accepting a bribe to
place a forged beneficiary form in the personnel file of a colleague at the
VA Hospital so as to allow one of Andrews’ friends to collect on a life
insurance policy. On appeal, several issues were raised, including whether
Andrews’ sentence violated the ex post facto clause. Ryan Malone,
pictured below with other attorneys on the case, argued the case before
the D.C. Circuit, and we await a decision.
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Lucy
Ferguson (American University Washington College
of Law '06), left, Amy
Craig (University of California, Berkeley
School of Law '06), center, and Ryan
Malone (University of Virginia
School of Law '02), right, all work on the Andrews
case.
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Open Society Justice Institute (OSJI)
Attorneys in our DC and New York offices have
been assisting the Open Society Justice Initiative on an
important project involving assessment of different approaches
to access to judicial information applied within the US and
abroad, and developing a set of recommendations for “best
practices.” OSJI
is a program of the Open Society Institute that promotes
law reform initiatives around the world relating to human
rights and transparency. In 2006, OSJI published an influential
study on Transparency & Silence, assessing how fourteen countries
fared in providing information to the public. The goal of
the current project is to produce a similar report with recommendations
on how countries should better provide the public with information
on and from the judiciary. In addition to this ongoing project,
teams of attorneys from various Ropes & Gray offices prepared
two amici
briefs in 2007, relating to the public's access to information
in Chile and Peru.
Artists for Humanity
Artists for Humanity (AFH) provides Boston public high school students
with an after-school and summer art, design and entrepreneurial program that
allows them to discover and develop their own expressive ideas and to apply
them in a work-like environment that encourages responsibility, teamwork and
resourcefulness. The AFH kids produce art and design projects ranging from
t-shirts and holiday cards to expansive murals at Fenway Park. They have the
opportunity to exhibit their own work, and share in the proceeds of sales,
as well as earn an hourly wage for their individual and group efforts.
We have represented AFH since shortly after its inception in the early 1990s.
We have assisted AFH with a variety of issues ranging from art law to labor and
employment to charitable organization tax law to construction contracting, financing
and litigation.
Ropes & Gray also helped AFH to acquire, permit, construct and finance the
EpiCenter, AFH’s new $6 million home in the South Boston artists district.
The EpiCenter is a studio, exhibition and performance space housed in a technologically
advanced “green design” building, featuring environmentally sensitive
design, photovoltaic roof arrays and recycled materials. The performance space
has become a favorite of event planners, providing AFH with an important additional
revenue stream.
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The Artists for
Humanity building in South Boston, which Ropes & Gray helped
to make possible. |
Nonprofit Assistance
Ropes & Gray regularly represents not-for-profit organizations in a
variety of pro bono matters, including gaining tax-exempt status, acquiring
property, and defending against lawsuits. The following are some highlights
of what we have accomplished for these worthwhile organizations.
Psychoanalytic Couple and Family Institute
We represent Psychoanalytic Couple and Family Institute
of New England (PCFINE) on health care regulatory matters, risk
management, corporate governance, charitable fundraising laws,
and other matters. PCFINE was established in 1993 to train licensed
clinicians in psychoanalytic couples and family therapy, to offer
professional consultation to community-based agencies, and to sponsor
public outreach and education programs. Our recent work has focused
on a project to provide free counseling services to the families
of deployed troops in the Army Reserve and National Guard, called
SOFAR — Strategic Outreach to Families of All Reservists.
This project has received wide positive press coverage, including
from The Boston Globe, O, The Oprah Magazine, and NPR,
and is beginning to expand across the country.
Association of Community Organizations for Reform Now (ACORN)
ACORN is a non-profit organization empowering low-income communities through
involvement in local government. Ropes & Gray helped clear the organization
of charges of campaign finance improprieties in Maryland.
In addition, the firm has been active in voting rights matters through the organization.
One recent case involved preparing an amicus brief to the US Supreme Court on behalf
of ACORN concerning the constitutionality of photo ID requirements for all voters.
Our attorneys prepared a “Brandeis brief” recounting ACORN’s
experiences both with official harassment intended to suppress voter registration,
and with the challenges of registering low-income voters and bringing them into
the political system.
Another recent voting matter involved arguing that two Georgia rules restraining
third-party voter registration by private groups violated the National
Voter Registration Act of 1993 and the First Amendment. In
a precedent setting ruling, the United States District Court for
the Northern District of Georgia agreed that the rules violated the First
Amendment.
Homeless Empowerment Project, Inc. (HEP)
We continued, as we have for over fifteen years, our representation of
HEP, which publishes Spare Change News, a newspaper aimed at
increasing awareness of the homeless and related social issues.
In 2007, we represented the organization in its combination with What’s
Up Magazine, another Boston-based street publication.
Neighborhood Economic Development Advocacy Project (NEDAP)
We advise NEDAP in protecting its copyrights as they relate to an educational
program that provides lower-income individuals with basic money-management
and other economic skills. In 2006, attorneys on the client team were
honored by NEDAP at the organization’s 10th anniversary celebration.
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Adam
Saltzman (Fordham Law School '06) is one of our lawyers who
was honored by NEDAP for his help in protecting the organization's
copyrights. |
Not-for-Profit Incorporation and Tax Matters
The firm’s corporate and tax attorneys have helped numerous not-for-profit
groups form legal entities and address associated tax matters. These include:
The Potentia Foundation, Inc.
In the fight against poverty, Ropes & Gray attorneys helped to incorporate
and gain tax-exempt status for The Potentia Foundation, Inc.
(Potentia). Potentia works with American high school students to raise
money to educate girls in the poor nations. By keeping girls in school
in the developing world, Potentia hopes to improve their lives,
their communities and the well-being of their nations. Potentia
supplies students with the ideas and tools to leverage their
emerging entrepreneurial talents into philanthropy by working
with individuals, schools and other organizations. It encourages
teenagers to learn about global issues and fiscal responsibility.
By becoming a tax-exempt
corporation, Potentia will be able to increase charitable contributions
from supporters and reach more girls in need.
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Partner Scott
Elliott, and Karen
Christiansen (New York University School of Law '04)
worked to incorporate and gain tax-exempt status for
the Potentia Foundation matter, and organization that promotes
the education of girls in developing countries.
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Fine By Me, Inc.
This group was started in 2003 by Duke University students to
combat the school’s homophobic reputation and to encourage
tolerance towards the gay and lesbian community through a disarmingly
simple strategy: printing and distributing t-shirts that read “gay?
fine by me.” As
the group sought to transition to a national organization,
Ropes & Gray attorneys assisted with its incorporation in New
York and attainment of tax-exempt status.
East Greenbush Miracle League, Inc.
The East Greenbush Miracle League, Inc., provides opportunities for
mentally and physically challenged individuals to play basketball,
baseball, soccer, bowling — even football. Ropes & Gray assisted
the group with its incorporation as a nonprofit, reviews grant proposals,
and provides advice regarding ongoing corporate matters.
MitoAction (Mitochondrial Disease Action Committee)
MitoAction is dedicated to providing support to, and advocating for,
individuals afflicted with mitochondrial disease, a chronic, progressive
disorder that affects the neuromuscular system and can lead to organ
failure. Ropes & Gray assisted MitoAction with its formation in
2005, and has continued to help the organization develop and implement
its projects, including but not limited to a joint venture to operate
a support hotline for patients and their families, publication of targeted
children’s books for patients and a medical reference for clinicians,
and various fundraising initiatives. Recent projects have included
lawyers in Ropes & Gray’s Corporate, Health Care, Intellectual
Property and Tax departments.
Fund for Public Health in New York, Inc.
The Fund for Public Health in New York, Inc. (FPHNY)
facilitates the provision of health and mental hygiene services
to the residents of the City of New York. For many years, FPHNY
operated under the auspices of the New York Department of Health
and Mental Hygiene. We advised FPHNY in its transition to a wholly
independent entity. Our lawyers incorporated FPHNY as a New York
not-for-profit corporation and subsequently obtained tax-exempt
status from the Internal Revenue Service. We continue to advise
FPHNY on tax filings, contract and other corporate matters, regulatory
requirements, insurance needs, and employment and employee benefit
matters.
The District Attorney’s Office Assistant DA Program
Ropes & Gray sends a litigation associate to Middlesex County and
to Kings County every six months, for a six-month term, to work as a
full-time assistant district attorney.
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Eric
Christofferson, left, (Georgetown University Law Center
'02) recently returned from a six month stint at the Middlesex
District Attorney’s
Office. Mike
Burling (Boston University School of Law '03), right,
recently returned from his six-month externship at the Kings
County DA office.
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Walk to the Hill
In 2008, the Boston Bar Association and the Massachusetts Bar Association
again sponsored the “Walk to the Hill for Legal Aid.” The
goal of the Walk is to bring hundreds of private attorneys
to Beacon Hill to talk to their legislators about the importance
of increasing funding for civil legal aid programs. Legal aid is
a last resort for low-income people with critical legal needs,
and domestic violence victims fighting for custody of their children,
families facing homelessness, elder victims of second mortgage
scams and individuals unfairly denied health care benefits all
rely on legal aid for advice and assistance.
The shortage of funding for legal aid also plays a part in the increasing pro
se problem in the courts. As private practitioners, we are witnesses to the effect
that this shortage has on the court system as well as on low-income individuals.
In 2008, more than 600 attorneys, including 28 Ropes & Gray attorneys, participated
in the Walk. It was critically important that the private bar make a strong showing
to ask Massachusetts legislators to expand funding to better meet the critical,
long documented need for civil legal services.
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To raise awareness of the importance of increasing funding for civil legal aid programs, 28 Ropes & Gray attorneys participated in the Walk to the Hill for Legal Aid on February 28, 2008. |
Honors and Awards
In March 2003, the firm announced the creation of the Deborah
Levi Award for Outstanding Pro Bono Service to honor Ropes & Gray
attorney Deb Levi, who lost her long and hard-fought battle
with cancer in August 2002. Among her many contributions
to Ropes & Gray, Deb worked tirelessly and devotedly
on pro bono and public service projects large and small.
Each year the memorial award is given to one or more lawyers
for their outstanding pro bono or public service efforts
on behalf of the firm.
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Managing Partner, John Montgomery, speaking
at the 2007 Community Service, Diversity, and Pro Bono Awards
Ceremony. |
Ropes & Gray’s dedication to pro bono work has also been recognized by organizations with which we partner on pro bono matters. Below you will find additional information on that recognition.
Most recently, the firm received the 2007 PAIR Outstanding
Service Award for our work with asylum seekers and the 2007
Pro Bono Award from the Women’s Bar Foundation Family
Law Project for Battered Women for our work on those family law cases. Also in 2007, the New
York City Bankruptcy Assistance Project recognized the contributions of three lawyers, including the co-head of the firm’s Bankruptcy Department; inMotion presented three attorneys with its Commitment
to Justice Award for Outstanding Legal Team; and two associates in New York were honored by the Louisiana Supreme Court and Louisiana State Bar Association for their work in New Orleans after Hurricanes Katrina and Rita.
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New
York associates Erin
Greenfield (Tulane Law School '06), right,
and Janice
Jabido (Tulane Law School '06), left, were honored
for their work on behalf of the victims of Hurricanes Katrina
and Rita.
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In 2006, three of our attorneys were honored by NEDAP at the organization’s 10th anniversary celebration for their contributions, and one of our associates was selected for the 2006
PAIR Pro Bono Mentor Award for her exceptional work as a mentor to all Ropes & Gray attorneys representing PAIR clients. Also in 2006, pro bono client, Psychoanalytic
Couple and Family Institute of New England was featured with pro bono counsel in the July/August 2006 issue of Corporate
Board Member magazine.
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