4
On Tuesday, June 14, 2016, Jenner & Block lawyers and summer associates from all five of the firm’s offices convened in the Chicago Conference Center to enjoy the firm’s 15th annual Diversity Dinner – an opportunity to celebrate the firm’s commitment to diversity in the workplace and beyond, to honor the diversity scholars and to hear an inspiring talk, this year from keynote speaker John W. Rogers, Jr. John Rogers is founder, chairman and CEO of Ariel Investments, the largest minority- owned and run investment firm in the United States. John engaged in an interactive dialogue wth moderator and firm Partner Randy Mehrberg; the two have been friends for 25 years, since working together in the early 1990s when John was president of the Chicago Park District Board and Randy was the park district’s general counsel and lakefront director. John attributes his success at engaging cross-culturally to living and attending school in the “melting pot” of Chicago’s Hyde Park neighbordhood. As a child, John would receive shares of stock from his father as Christmas and birthday gifts. Upon graduating from Princeton, he went to work for William Blair & Company as a financial analyst. But, at the age of 23, he struck out on his own and founded Ariel. Today, the firm manages billions of dollars but, in addition to being known for his exceptional accomplishments in business, John is a highly respected civic and community leader (in 2009, he co-chaired the Presidential Inaugural Committee) who is committed to diversity, mentoring and helping others succeed – what he calls the “circle of reciprocity.” During his senior year at Princeton, John was captain of the university’s varsity basketball team, where he learned lessons about teamwork that profoundly shaped him. With his career-long focus on “helping the team succeed,” he shared his philosophy that the most successful teams are diverse. But, he cautioned, achieving meaningful diversity in business and the professions is still a challenge. CONTINUED ON PAGE 3 Since 2005, Jenner & Block has provided scholarships to minority first-year law students based on academic merit and a demonstrated commitment to community service. The purpose of these scholarships is to enhance the pipeline of diverse talent and promote diversity in the legal profession. Several former diversity scholars have come to work at the firm. The 2016 Diversity Scholars are Sarah Ahmed, University of Illinois; Michael Clegg, Stanford Law School; Sally Gu, University of Michigan Law School; Kathrine Gutierrez, The University of Chicago; and Derek Mong, Northwestern Pritzker School of Law. In 2012, the firm established the Grant R. Folland Memorial Scholarship, in memory of a Jenner & Block associate and University of Chicago Law School graduate who died in 2010. The scholarship is awarded annually to a second- or third-year University of Chicago law student who demonstrates an ongoing commitment to LGBT civil rights. The 2016 Grant Folland Scholar is Richard Deulofeut-Manzur. Ariel Investments Founder and CEO John Rogers (right) speaks to the 2016 Diversity Dinner attendees, with moderator and Jenner & Block Partner Randy Mehrberg (left) From left: Partner Paul M. Smith; Sarah Ahmed (University of Illinois College of Law); Richard Deulofeut-Manzur (University of Chicago Law School); Kathrine Gutierrez (University of Chicago Law School); Derek Mong (Northwestern Pritzker School of Law); Partner Kenneth K. Lee; Chief Talent Officer Charlotte L. Wager. EQUAL TIME FOCUS ON DIVERSITY 2016 © 2016 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporaons. This publicaon is not intended to provide legal advice but to provide informaon on legal maers and firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any acon with respect to maers menoned in this publicaon. The aorney responsible for this publicaon is Gail H. Morse. Aorney Adversing. Prior results do not guarantee a similar outcome. ARIEL INVESTMENTS CEO JOHN ROGERS IS KEYNOTE SPEAKER AT FIRM’S 15 TH DIVERSITY DINNER INTRODUCING THE FIRM’S 2016 DIVERSITY SCHOLARS 2016 ELEVATED PARTNERS L. David Russell Litigation Complex Commercial Litigation Class Action Technology Litigation Jessica Hertz Government Controversies and Public Policy Litigation Litigation Communications, Internet and Technology

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Page 1: equal time - Jenner & Block

On Tuesday, June 14, 2016, Jenner & Block lawyers and summer associates from all five of the firm’s offices convened in the Chicago Conference Center to enjoy the firm’s 15th annual Diversity Dinner – an opportunity to celebrate the firm’s commitment to diversity in the workplace and beyond, to honor the diversity scholars and to hear an inspiring talk, this year from keynote speaker John W. Rogers, Jr.

John Rogers is founder, chairman and CEO of Ariel Investments, the largest minority-owned and run investment firm in the United States. John engaged in an interactive dialogue wth moderator and firm Partner Randy Mehrberg; the two have been friends for 25 years, since working together in the early 1990s when John was president of the Chicago Park District Board and Randy was the park district’s general counsel and lakefront director.

John attributes his success at engaging cross-culturally to living and attending school in the “melting pot” of Chicago’s Hyde Park neighbordhood.

As a child, John would receive shares of stock from his father as Christmas and birthday gifts. Upon graduating from Princeton, he went to work for William Blair & Company

as a financial analyst. But, at the age of 23, he struck out on his own and founded Ariel. Today, the firm manages billions of dollars but, in addition to being known for his exceptional accomplishments in business, John is a highly respected civic and community leader (in 2009, he co-chaired the Presidential Inaugural Committee) who is committed to diversity, mentoring and helping others succeed – what he calls the “circle of reciprocity.”

During his senior year at Princeton, John was captain of the university’s varsity basketball team, where he learned lessons about teamwork that profoundly shaped him. With his career-long focus on “helping the team succeed,” he shared his philosophy that the most successful teams are diverse. But, he cautioned, achieving meaningful diversity in business and the professions is still a challenge. continued on page 3

Since 2005, Jenner & Block has provided scholarships to minority first-year law students based on academic merit and a demonstrated commitment to community

service. The purpose of these scholarships is to enhance the pipeline of diverse talent and promote diversity in the legal profession. Several former diversity scholars have come to work at the firm.

The 2016 Diversity Scholars are Sarah Ahmed, University of Illinois; Michael Clegg, Stanford Law School; Sally Gu, University of Michigan Law School; Kathrine Gutierrez, The University of Chicago; and Derek Mong, Northwestern Pritzker School of Law.

In 2012, the firm established the Grant R. Folland Memorial Scholarship, in memory of a Jenner & Block associate and University of Chicago Law School graduate who died in 2010. The scholarship is awarded annually to a second- or third-year University of Chicago law student who demonstrates an ongoing commitment to LGBT civil rights. The 2016 Grant Folland Scholar is Richard Deulofeut-Manzur.

Ariel Investments Founder and CEO John Rogers (right) speaks to the 2016 Diversity Dinner attendees, with moderator and Jenner & Block Partner Randy Mehrberg (left)

From left: Partner Paul M. Smith; Sarah Ahmed (University of

Illinois College of Law); Richard Deulofeut-Manzur (University of

Chicago Law School); Kathrine Gutierrez (University of Chicago

Law School); Derek Mong (Northwestern Pritzker School of Law);

Partner Kenneth K. Lee; Chief Talent Officer Charlotte L. Wager.

equal timefocus on diversity 2016

© 2016 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Gail H. Morse. Attorney Advertising. Prior results do not guarantee a similar outcome.

ariel investments ceo John rogers is Keynote speaKer at firm’s 15th diversity dinner

IntroducIng the FIrm’s 2016 dIversIty scholars 2016 ElEvatEd PartnErs

L. David RussellLitigation

Complex Commercial Litigation

Class Action

Technology Litigation

Jessica HertzGovernment Controversies and Public Policy Litigation

Litigation

Communications, Internet and Technology

Page 2: equal time - Jenner & Block

Reginald J. Hill

partner reginald hill leads firm team in victories for client nissan north america, inc.

Partner Reginald J. Hill led teams that secured sig-nificant victories for client Nissan North America, Inc. when the Patent Trial and Appeal Board (PTAB) invali-

dated patent claims asserted by Diamond Coating Technologies (DCT) against Nissan. DCT had sued Nissan and Hyundai Motor America, alleging that engine parts in Nissan vehicles infringed DCT patents related to a diamond-like or hard carbon coating arrangement that provides protection and favorable friction properties. The car man-ufacturers, along with Hitachi Automotive Systems Ltd., petitioned for inter partes review, challenging the validity of certain claims. On April 20, 2016, the PTAB agreed with the automakers, finding that two claims were anticipated, while another was obvious in light of the prior art. In view of the decisions on behalf of the automotive companies, DCT voluntarily dismissed related district court litigation. Reggie is a member of the firm’s Management; Diversity & Inclusion; and Associ-ate Development and Evaluation Committees.

Amir H. Ali

fifth-year associate presents Winning oral arguments to us supreme court, fifth circuit and seventh circuit

For fifth-year Associate Amir H. Ali, December 2015 to July 2016 was a time all attorneys dream of. In March 2016, Amir presented oral argument to the

US Supreme Court on behalf of pro bono client Gregory Welch. Amir argued, and, fewer than three weeks later, the Supreme Court agreed that persons who were sentenced under the “residual clause” of the Armed Career Criminal Act (ACCA) and whose convictions had become final were entitled to retroactive application of the Court’s 2015 decision in Johnson v. United States. Johnson had struck down the clause as unconstitutionally vague. The Court’s decision in Welch resolved a significant circuit split, likely providing hundreds of persons with relief from unconstitutionally imposed mandatory minimum sentences.

Amir’s Supreme Court victory fell between successful arguments in the Fifth and Seventh Circuits. In December 2015, Amir presented oral argument in the Fifth Circuit on behalf of Louisiana death row inmate Kevan Brumfield, defending a district court’s finding that Brumfield was intellectually disabled and thus constitutionally ineligible for the death penalty. Two weeks later, the Fifth Circuit issued a unanimous opinion ordering that Brumfield’s death sentence be vacated. Brumfield’s case had previously been all the way to the Supreme Court, where, in June 2015, a Jenner & Block team won remand for reconsideration of his intellectual disability claim.

Finally, in April 2016, a month after arguing in the Supreme Court, Amir appeared before the Seventh Circuit on behalf of a pro bono client who, Amir argued, had improperly been denied a hearing on a claim that his trial counsel’s performance fell below constitutional standards at his criminal trial. In July, the Seventh Circuit ruled in the client’s favor, ordering that he be provided a hearing.

Gabriel A. Fuentes

gabe fuentes named hnba pro bono laWyer of year, appointed to aba commission and maldef board

Partner Gabriel A. Fuentes was presented with the Hispanic National Bar Association’s 2015 “Pro Bono Lawyer of the Year” Award at the HNBA’s annual

convention on September 3, 2015, in Boston. The award recog-nized Gabe’s successful handling of numerous pro bono matters through direct representation of clients; his longstanding dedication to the delivery of pro bono services; and his participation in activities extending pro bono legal services to underserved and/or disadvan-taged communities. During his 17+ years with the firm, he has per-formed more than 5,000 hours of pro bono work, served as Chicago chair of the firm’s Pro Bono Committee and been a leader in many organizations dedicated to improving access to justice.

Gabe also was recently appointed to serve as a commissioner on the American Bar Association’s Commission on Youth at Risk, es-tablished in 2006 to identify challenges facing young people in the 13- to 21-year-old age range that elevate their risk of involvement with the courts and to enhance strategies, policies and programs to help prevent teens from becoming delinquent or engaging in criminal acts. In April 2016, Gabe was named to the national board of direc-tors of the Mexican American Legal Defense and Educational Fund (MALDEF). Founded in 1986, MALDEF is the United States’ leading Latino legal civil rights organization, often described as the “law firm of the Latino community.”

Anthony R. Collins, Jr.

associate helps represent clients in tWo of firm’s largest deals

Associate Anthony R. Collins, Jr. was on a firm team serving as securities counsel and corporate gover-nance counsel for Snyder’s-Lance in connection with its agreement to acquire Diamond Foods, Inc.,

a transaction that brings together two “iconic snacking brands.” Un-der the agreement, Snyder’s-Lance acquired all outstanding shares of Diamond Foods in a cash and stock merger transaction for ap-proximately US$1.91 billion. Anthony also assisted in the firm’s rep-resentation of US Foods Holdings Corp., the second-largest food distributor in the United States, in its high-profile $1.175 billion initial public offering. To date, this has been the third largest IPO of 2016.

associate’s seventh circuit argument helps bring early end to client’s prison sentence

As a result of the firm’s work – including a winning oral argument to the Seventh Circuit Court of Appeals by Associate Ishan K. Bhabha – client Lawrence Owens, who had almost 11 years left of a 25-year prison sentence, was released from prison on April 6, under an Alford plea agreement to time already served. Owens was convicted of first-degree murder after a short bench trial in 2000. In announcing the guilty verdict, the judge had stated that all of the witnesses had “skirted the real issue,”

which was that the victim was a drug dealer and the client knew he was a drug dealer and, because of that, wanted to “knock him off” – despite the complete lack of evidence on any of those points. In October 2014, the Seventh Circuit appointed Jenner & Block to represent Mr. Owens. Although his conviction for first-degree murder had withstood 15 years of review by state and federal courts, Ishan’s oral argument to the Seventh Circuit convinced the court to reverse the district court’s denial of habeas. With Ishan on the firm’s team at various stages of the case was Associate Reena Sikdar.

Ishan K. Bhabha

AnneMarie A. Van Hoesen

Jenner & blocK Wins $940 million trade secrets verdict for epic systems corp.

Associate AnnaMarie A. Van Hoesen was a member of the team that represented Epic Systems Corp., one of the leading health care software companies in the United States, in a substantial corporate es-

pionage case against Tata Consultancy Services (TCS), part of one of the largest industrial conglomerates in India. After a 10-day trial, an eight-member jury found that TCS, a hired consultant, stole Epic’s trade secrets and other confidential information about Epic’s propri-etary software and delivered a $940 million verdict in favor of Epic – one of the largest trade secrets verdicts in US history and perhaps the largest verdict of any kind in Wisconsin.

Reena Sikdar

Page 3: equal time - Jenner & Block

Miwa Shoda

miWa shoda publishes article on doJ enforcement actions against bribe-taKing foreign officials

In an article titled “Attacking Corruption at Its Source: The DOJ’s Recent Efforts to Prosecute Bribe-Taking Foreign Officials,” published in The California Inter-

national Law Journal, Special Counsel Miwa Shoda examined the recent string of US government enforcement actions taken against foreign officials who take bribes. The article analyzed whether the US Department of Justice’s targeting of bribe-taking officials under the Money Laundering Control Act (MLCA) is an evasion of limita-tions that lawmakers have placed on the Foreign Corrupt Practices Act (FCPA), explored the jurisdictional scope of the FCPA and dis-cussed legal issues related to the DOJ’s bellwether prosecution of a Thai official on MLCA charges.

bWla and firm co-host roundtable discussion

The Black Women Lawyers’ Associa-tion of Greater Chicago, Inc. (BWLA) and Jenner & Block co-hosted a Roundtable discussion on current

laws and recent court decisions concerning LGBT rights in the work-place. Associate Precious S. Jacobs, co-chair of the BWLA Round-table Subcommittee, planned the event. Partner Howard S. Suskin was a panelist.

l. david russell named firm’s lcld felloW, other partners participate in lcld alumni activities

Partner L. David Russell was selected for the 2016 Fellows Program of the Leadership Council on Legal Diversity (LCLD), a national organization comprising more than 240 corporate chief legal officers and law firm managing partners committed to creating a tru-ly diverse legal profession. The goal of the Fellows Program is to identify, train and advance the next generation of leaders in the legal profession. Over the course of the year-long program, participants work on improving their professional brand, building rela-tionships that enhance professional development and sharpening stewardship and leadership skills. David noted that at the kick-off event for the 2016 program in March in Austin, Texas, he met many talented law-yers from across the country and learned a lot about working with groups.

Partners Reena R. Bajowala and Jolene E. Negre, the firm’s Fellows in 2013 and 2014, respectively, continue to participate with LCLD through the Fellows Alumni Program. Both Reena and Jolene attend-ed the 5th Annual LCLD Fellows Alumni Conference in June in Chica-go, a three-day event during which Reena, who recently was named co-chair of the Fellows Alumni Outreach Committee, moderated a judicial panel. Also during the conference, alumni, who came from across the United States, shared networking and presentation tips with middle- and high school students at Chicago’s inner-city Albany Park Theater Project. Afterwards, the students entertained the alumni with an original one-act play. Jolene and David are planning an LCLD networking event in Los Angeles.

LaRue L. Robinson

firm Wins certificate of innocence for pro bono client

Associate LaRue L. Robinson was a key member of a firm team that achieved outstanding results for a pro bono client who was convicted twice of Aggra-vated Unlawful Use of a Weapon (AUUW) and once

of Unlawful Use of a Weapon by a Felon (UUWF) and had served more than three-and-a-half years in prison. Following an Illinois Su-preme Court decision declaring unconstitutional the portion of the AUUW statute under which he had been convicted, the client sought to have his convictions vacated and obtain certificates of innocence. After the AUUW convictions were vacated, LaRue argued for a cer-tificate of innocence before the Cook County Circuit Court, refuting the State’s claim that, although his AUUW convictions were vacated, the client could have been convicted of violating portions of the stat-ute that remained constitutional. LaRue successfully contended that the certificate of innocence statute focuses solely on the conviction for which a petitioner is incarcerated, not on charges for which he could have been incarcerated, winning the certificate. A week later, LaRue helped the client vacate his UUWF conviction.

To address the problem, John told the audience, “People of influence who care about diversity must speak up.” While encouraging people of color to get involved in the community, noting, as an example, that service on nonprofit boards can lead to establishing and strengthening important business connections, he responded to a question about how to promote diversity by saying, “Don’t just put a diverse person on your board. Do business with

diverse companies, nurture people who come from different neighborhoods and have different experiences. Provide access to social networking and access to information. Speak up and live your values.” To succeed, John stressed, minority individuals need the opportunity to generate business and lead.

He also advised those being mentored that a good mentee is “the ultimate team player. Be a good listener, work hard for your mentor.”

John left us with the message that diversity is a winning strategy and a good investment and an imperative in today’s world of business.

Mercedes M. Hill

mercedes hill named leadership greater chicago 2016 felloW

Partner Mercedes M. Hill was named a 2016 Fellow in the Leadership Greater Chicago program, a 30-year-old leadership development program that brings to-gether Chicago’s most promising young people from

the city’s business, civic, nonprofit and government sectors to ex-plore key challenges facing the region. During the intensive 10-month program, Fellows meet with civic and community leaders, as well as those who are directly affected by the tough issues impacting the re-gion. The program’s purpose is to cultivate a growing and diverse group of leaders for the area by fostering a lifelong commitment to civic engagement on the part of its “graduates.” A member of the firm’s Corporate Department, Mercedes has played a key role in a number of the firm’s largest transactions. She serves on several firm committees including the Diversity & Inclusion and Hiring Committees and is a leader of the African American Affinity Group.

L. David Russell

Reena R. Bajowala

Jolene E. Negre

...continued from page 1

Precious S. Jacobs Howard S. Suskin

Page 4: equal time - Jenner & Block

pipeline program highlights

Jenner & Block has a history of partnering with a number of different pipeline organizations. Recently, the firm has:

• Partnered with Exelon and GE to co-host the Just the Beginning Foundation Summer Legal Institute (SLI) luncheon, attended by ap-proximately 50 Chicago high school students each year. The SLI is a one-week immersion program for high school students interested in learning more about preparing for college and careers in the law.

• Worked with students from Thurgood Marshall Academy, Washington DC’s first law-themed public charter school. Lawyers run workshops on constitutional law and teach students important legal concepts, help them develop analytic skills and see how they can participate in civic life.

• Sponsored a Thurgood Marshall Summer Law Internship Program intern in the New York office. The program places high-achieving in-ner-city high school students with legal employers for the summer to help prepare them for a legal career.

American Bar Association On the Rise - Top 40 Young LawyersJessica R. Hertz

2016 Chambers USACarissa Coze, Corporate M&A (California)

2016 Legal 500 Recommended LawyersCarissa Coze, M&A/Corporate and Commercial - M&A - Middle Market ($500m-999m);

Media, Technology and Telecoms - Telecoms and Broadcast – Transactional

Mercedes M. Hill, M&A/Corporate and Commercial - M&A - Middle Market

($500m-999m)

S. Tony Ling, Labor and Employment – Employee Benefits and Executive Compensation

Jolene E. Negre, Media, Technology and Telecoms - Telecoms and Broadcast –

Transactional

Raymond D. Sinnappan, Labor and Employment – Employee Benefits and

Executive Compensation

2016 Illinois Super LawyersGabriel A. Fuentes, Criminal Defense - White Collar

Reginald J. Hill, Intellectual Property Litigation

RISING STARS

Mercedes M. Hill, Mergers & Acquisitions

Anna Barreiro Sutti, Securities and Corporate Finance

2016 Southern California Super Lawyers RISING STARS

Christopher C. Chiou, Business Litigation

L. David Russell, Business Litigation

Leading Lawyers Network Gabriel A. Fuentes, Commercial Litigation, Criminal Defense Law: White Collar,

International Business & Trade Law

EMERGING LAWYERS

Reena R. Bajowala, Class Action/Mass Tort Defense Law; Commercial Litigation

Mercedes M. Hill, Closely & Privately Held Business Law; Mergers & Acquisitions Law

rEcognitions

JenneR & BLock LLP JenneR.coM

Nicholas W. Tarasen

associate recognized by human rights organization

Associate Nicholas W. Tarasen received the “Rising Star Award” from the Heartland Alliance’s National Im-migrant Justice Center, a nonprofit that provides direct legal services to and advocates for immigrants, refu-

gees and asylum seekers. The award recognizes attorneys who are emerging as leaders in providing outstanding pro bono representation for NIJC’s clients. In one of his most recent cases, Nick helped restore lawful permanent resident status for an NIJC client so he could rejoin his family in the United States after being apart from them for nine years.

S. Tony Ling

ling discusses diversity in laW firms With nu laW students

Partner S. Tony Ling spoke to students at Northwest-ern University School of Law during a program titled “Diversity in the Law Firm: Retaining Authenticity.” Tony participated in a panel discussion designed to

help first-year law students get a sense of how law firms are respond-ing to the call for increasing diversity in the profession and how they are promoting diverse attorneys.

Leonardo Morales

morales featured in UNIvISION ChICAgO segment on legal rights

Staff Attorney Leonardo Morales is featured in two Univision Chicago segments aimed at educating and informing members of Chicago’s Hispanic communi-ty on their legal rights. The first segment discusses

the area of workers’ compensation. In the second segment, Leo talks about regulations relating to residential landlords in Chicago. The seg-ments are part of a program that was developed by the American Bar Association’s Commission on Hispanic Legal Rights & Responsibilities. The Spanish-language segments are broadcast weekly on Univision.

robinson appointed to serve on tWo columbia laW school alumni groups

Associate LaRue L. Robinson was recently appointed by the president of the Columbia Law School Asso-ciation to serve as a member of its board of directors for a four-year term. The Association’s mission is to

keep the law school’s graduates and supporters connected to the school and to each other by sponsoring events and disseminating information regarding activities at the school and accomplishments of its alumni. Earlier in the year, LaRue was appointed by the dean of the law school to the Alumni of Color Honorary Committee.

La Rue L. Robinson

baJoWala discusses a variety of diversity-related topics

During the first half of 2016, Partner Reena R. Bajowala spoke on a variety of diversity-related topics in a host of forums, including:

• How a law firm operates, including the “ins” and “outs” that junior associates need to successfully navigate their firms, at the Chicago Committee’s Law Firm Boot Camp. The Chicago Committee seeks racial and ethnic diversity in the legal profession; its Boot Camp is a day-long series of panels designed to provide minority junior associ-ates with insight, advice and guidance on how to succeed.

• Incarceration and gender justice in Chicago’s immigrant commu-nities, at the closing reception of Apna Ghar’s Second Annual Art Show. Reena talked specifically about her work as amicus counsel for 25 national Asian Pacific American organizations in Purvi Patel v. Indiana, urging the Indiana Court of Appeals to overturn the con-viction and 30-year jail sentence received by an Indian-American woman in connection with the loss of her pregnancy.

• Leading with emotional intelligence, at the Illinois Diversity Council’s Seventh Annual Illinois Women’s Conference.

Reena R. Bajowala