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Pro Bono
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Social Responsibility

McDermott

At McDermott, we put our values into practice, every day, in and out of the office.

The talents, passion and energy of our 2,000+ McDermott family from around the globe bring about positive change. Together we help the less fortunate obtain access to justice, promote diversity and inclusion, further the cause of environmental sustainability and engage in volunteer and philanthropic activities.

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Elizabeth Lewis | Partner, Pro Bono & Community Service

See us in action In Video

Our Chairman speaks on the Firm's social responsibility accomplishments.

Using Law-Themed Curriculum to Cultivate a Passion for Learning

McDermott Protects Immigrant Workers in 'Global Pro Bono Dispute of the Year'

At McDermott, we put our values into practice every day, in and out of the office.

The talents, passion and energy of our 2,000+ McDermott family help bring about positive change to others around the globe. Together we help the less fortunate obtain access to justice, promote diversity and inclusion, further the cause of environmental sustainability and engage in volunteer and philanthropic activities.

October is pro bono month at McDermott.

In celebration of Pro Bono Week in the US (October 21 to 27) and Justice Week in the UK (October 29 to November 2), organizations all over the world are celebrating the enthusiasm and commitment that lawyers have dedicated to pro bono work.

 

McDermott is proud to utilize our many skills and resources to make a positive difference in local communities around the world by providing valuable pro bono service to individuals who need it most.

PRO BONO

We provide critical pro bono legal assistance to underrepresented persons in our communities. We also work to advocate legal and social change around the world through our collaboration with nonprofits, non-governmental organizations and social enterprises.

PRO BONO

Our McDermott family feels a personal and professional responsibility to our communities around the world. Through pro bono legal services, our lawyers and professional staff are committed to giving back. We strive each year to expand our efforts to support those in need.

PRO BONO

Our McDermott family feels a personal and professional responsibility to our communities around the world. Through pro bono legal services, our lawyers and professional staff are committed to giving back. We strive each year to expand our efforts to support those in need.

Justice and Equality Know No Borders

Nearly 100 lawyers from across the
Firm have devoted close to 13,000 hours
to Lawyers Without Borders projects

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See us in action In Video

Archive Activism Efforts Uncover a History of LGBTQ Discrimination

Justice Obtained for a Single Mother’s Wrongful Indication of Child Neglect

Commitment to Giving Back

80%

Lawyers dedicated time
to pro bono service

1000+

Pro bono matters
handled globally

50+

Countries supported through
pro bono partnership

58,000+

Pro bono and
community service hours

In partnership with local and nationwide organizations, our lawyers donate their skills and time in an array of matters including asylum, civil rights, family law, criminal defense and other pressing societal issues. Click each image below to read a few of our representative matters.

Philanthropy
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Sustainability
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Pro Bono
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Kids First
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Volunteer
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Pro Bono
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Bringing Lifesaving Health Care to Underserved Women and Families

Women’s Health

Securing Asylum
for Eritrean Client



ASYLUM

The Fight for Proper
Disability Benefits for a
Vietnam War Veteran

Veterans Claims

Fully Acquitting
the Innocent


CRIMINAL DEFENSE

Mentoring a Lawyer Looking to Practice in New Country

Mentorship

Pro Bono Partnership in Action: Mattachine Society

Civil Rights

FOCUS TAX PRO BONO

Our tax lawyers bring a wealth of institutional experience, subject-specific knowledge and invaluable customer service to each client—and our pro bono relationships are no different. We assist nonprofits, non-governmental organizations (NGOs), small businesses and low-income individuals on a wide range of tax issues. Among other matters, we help nonprofits and NGOs with international efforts navigate the myriad of complex international tax rules. We proudly assist nonprofits launch and secure tax exempt status, and also help small businesses navigate the many Internal Revenue Code provisions affecting them. In addition, we help low-income taxpayers secure the tax credits to which they are entitled and handle disputes with the IRS through both audit and litigation. Click each image below to read more about the pro bono work we do, the relationships we’ve built and the impact we’ve made for clients and organizations in difficult financial situations.

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DIVERSITY

We celebrate diversity, not only by embracing it within our own walls, but also in our communities. We implement best practices and develop comprehensive policies that create and maintain an inclusive professional environment for the long-term benefit of our colleagues, clients and local communities.

DIVERSITY

We celebrate diversity, not only by embracing it within our own walls, but also in our communities. We implement best practices and develop comprehensive policies that create and maintain an inclusive professional environment for the long-term benefit of our colleagues, clients and local communities.  

PRIDE MONTH 2019

As one of the first international firms to create a Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) affinity group, we are a recognized leader in the realm of LGBTQ+ workplace diversity and inclusion. Our LGBTQ+ Diversity & Inclusion Committee has developed Firm-wide policies and programs to maintain a supportive and inclusive environment for all of our people.

 

McDermott recognizes that by attracting and retaining top talent from a wide range of backgrounds, the Firm can offer the most innovative solutions for clients’ toughest problems. As one of the first international firms to create a LGBTQ+ affinity group, we are a recognized leader in the realm of LGBTQ+ workplace diversity and inclusion. Our LGBTQ+ Diversity & Inclusion Committee has developed Firm-wide policies and programs to maintain a supportive and inclusive environment for all of our people.

History Lesson: Prominent Case Raises Important Issues of Today

History Lesson: Prominent Case Raises Important Issues of Today

“We are devoted to an inclusive culture for all LGBTQ+ attorneys and staff, and we work to ensure that every member of our team is respected, supported and inspired to exceed. Diversity – in all forms – is an important part of what makes us such a great law firm.”


–Michael Weaver, partner-in-charge for LGBTQ+ Diversity & Inclusion

Members of the LGBTQ+ Committee are leaders in their respective communities and frequently speak publicly and publish on legal and social issues of importance, including in the areas of employee benefits, civil rights and tax. In addition, these lawyers are frequently recognized for their continued work in moving the needle toward equality. Recent recognitions include:


Michael Weaver shortlisted as LGBTQ Equality Lawyer of the Year by Chambers, The Chambers Diversity & Inclusion Awards: USA 2019 and named to the inaugural list of Crain’s Chicago Business Notable LGBTQ Executives in 2018

 

Lisa Linsky Named “Diversity & Inclusion Champion” by New York City Bar Association

"As law firms, attorneys and advocates, we proudly support human rights and human dignity for all transgender and gender nonbinary Americans. We are deeply troubled by the leaked Department of Health and Human Services memo proposing a discriminatory definition of gender. We stand with those potentially affected by renewing our commitment to relentlessly pursuing full equality for all Americans. We proudly stand with Transgender Legal Defense and Education Fund and our other civil rights partners in demanding justice and equality for all.”

Commitment to Diversity

Diversity Summit | Bringing together our diverse peers to discuss business responsibilities and challenges.

Women’s Summit | Creating an open and positive workplace for our women lawyers.


As a recognized leader in workplace diversity, we attract and retain extraordinary people who bring the broadest and most innovative legal industry insights and perspectives. Click each image below to learn more about our efforts.

Mansfield Certification Builds Diverse Leadership Pipeline

Racial & Ethnic/Gender

LGBTQ Workplace
Awareness Programs

LGBTQ

Firm Summits Set Goals for Positive Change

Diversity & Inclusion

History Lesson: Prominent Case Raises Important Issues of Today

History Lesson: Prominent Case Raises Important Issues of Today

As part of McDermott’s Firm-wide Diversity & Inclusion initiative, the Firm’s Racial and Ethnic Diversity Subcommittee and Professional Development hosted a trial re-enactment designed to educate employees about the trial of 22 Lewd Chinese Women: Chy Lung v. Freeman. The re-enactment details this historic case, which prompted a conversation on human trafficking, women’s rights, immigration, and due process—all of which still resonate today. This program was made possible with the help of the Honorable Jennifer A. Di Toro, Associate Judge of the Superior Court of the District of Columbia as narrator, and lawyers and staff from our Washington, DC office. A special thank you goes out to the AABANY for supplying the script and PowerPoint slides.

SUSTAINABILITY & COMMUNITY SERVICE

We advocate for environmental sustainability and strive to make a difference in our communities by engaging in a wide range of volunteer and philanthropic activities. Click each image below to read our highlights.

Reducing the Firm’s
Carbon Footprint

Sustainability

New Chicago Office
Pre-Certified LEED Gold

SUSTAINABILITY

McDermott Swims to
Fight Cancer

Community Service

Denim Days for
Local Organizations

Community Service

Combating Hunger, Creating Opportunity

McDermott’s second annual Days of Service event demonstrated our concerted effort to fight hunger. Supporting hunger relief is not only universally relevant, but also an effort that many of our offices are already passionate about, as underscored by many existing relationships with local organizations. From holding food drives to volunteering at local food banks, we are proud to have made an impact as a global family to alleviate hunger in our communities.

PHILANTHROPY

We are committed to supporting social justice and the well-being of others through charitable giving to a wide range of organizations and programs, including those supporting children’s rights, legal aid, hunger relief, human rights and refugees.

175+ Organizations Supported

View full list here
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175+ Organizations Supported

View full list here
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SELECT RECOGNITIONS

McDermott awarded the “John C. McAndrews Pro Bono Service Award” from the Illinois State Bar Association


Firm Scores 100 percent for 15th Consecutive Year on the Corporate Equality Index and Renews Designation as a “Best Place to Work for LGBTQ Equality”


McDermott Named 2018 Children’s Pro Bono Champion by Children’s Law Center


McDermott Named Among “Best Law Firms for Women” For Fifth Consecutive Year” by Working Mother magazine


2018 Top-10 Female and Family Friendly Firm Yale Law Women

 

Pioneering Pro Bono Program of the Year
Chambers Women in Law Awards: USA 2017 


AmLaw Top International Pro Bono Firms of 2017

 

National Law Journal selects McDermott to Pro Bono Hot List

View the full Philanthropy list here.

Resources

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Supreme Court Protects Non-Citizens’ Right to Effective Counsel

Jae Lee, a successful restaurateur, has lived legally in the United States since he emigrated from South Korea as a child with his family in 1982. In 2009 Mr. Lee was charged with possession of ecstasy with intent to distribute and pleaded guilty to receive a shorter sentence, based on his lawyer’s assurances that the plea would not put him at risk of deportation. When Mr. Lee learned that his lawyer was wrong, he sought to vacate his conviction, claiming ineffective assistance of counsel. The Tennessee district court concluded that there was no prejudice because a decision to proceed to trial would have almost certainly resulted in a guilty verdict, a longer prison sentence and deportation, and the US Court of Appeals for the Sixth Circuit affirmed.


The American Bar Association (ABA) supported Mr. Lee before the Supreme Court, and as counsel to the ABA, McDermott filed an amicus brief urging the Supreme Court to permit Mr. Lee to withdraw his guilty plea and to vacate his conviction.


The Supreme Court reviewed the scope of Sixth Amendment protections for non-citizen defendants in criminal cases and, in a 6–2 decision authored by Chief Justice John G. Roberts, Jr., found that Mr. Lee had demonstrated that he had been prejudiced by his counsel’s erroneous advice. In reversing the Sixth Circuit, the Supreme Court resolved the disagreement among the federal courts of appeal about whether non-citizen defendants who receive bad legal advice and plead guilty—not knowing that their pleas will lead to deportation—are prejudiced, when there is strong evidence of guilt.


This ruling is a significant win for non-citizen defendants and their Sixth Amendment right to effective assistance of counsel. This ruling is also a significant win for Mr. Lee.  All charges against him were ultimately dismissed and he is able to remain in the US and continue his restaurant business without the ongoing threat of deportation.

 


Offices: Silicon Valley; Washington, DC


In Partnership: American Bar Association

Mother Vindicated in
Child Neglect Case

“Frida” is a Swedish-trained nurse. Her son, AC, was diagnosed with ADHD at age three. After moving to Illinois in 2015, Frida took then-six-year-old AC to see a new psychiatrist to continue AC’s ADHD treatment. The psychiatrist changed AC’s medication, and the result was a parent’s worst nightmare: the new medication dramatically altered AC’s behavior, causing him to constantly harm himself and others. Frida pleaded with the psychiatrist to take her son off the medication, but the psychiatrist refused and threatened to call the Department of Children and Family Services (DCFS) if Frida disobeyed her orders.


Finally, afraid for AC’s life, Frida researched how to safely wean AC off the medication and did so. Once he was no longer taking the medication, AC’s behavior dramatically improved. Nonetheless, the psychiatrist called DCFS, which conducted an investigation and indicated Frida for medical neglect.  All of the sudden, Frida found herself wrapped up in a frightening system that asserted she was a neglectful mother for safely and carefully doing what she thought was best for her son.


The Family Defense Center sought McDermott’s help to defend Frida in the administrative hearing appealing the indicated finding. Despite clear evidence that Frida did not blatantly disregard her parental responsibilities, including testimony from AC’s current psychiatrist that Frida’s actions were common and appropriate, the administrative law judge upheld the indicated finding holding that Frida had an absolute obligation to follow medical advice as given to her by her son’s psychiatrist.


McDermott filed a complaint for administrative review in the Circuit Court of Cook County. After extensive briefing and oral argument, the circuit court—adopting the language argued by McDermott—reversed the indicated finding and ruled that the administrative law judge’s determination was “clearly erroneous.” In addition to vindicating Frida, this ruling will assist other families by clarifying the standards for measuring child neglect in this type of case.



Office: Chicago


In Partnership: The Family Defense Center

IRS Penalties Reversed for Low-Income Father

When the Internal Revenue Service (IRS) rejected ”Fred’s” tax return and applied late filing penalties, Fred was overwhelmed both by the possibility of controversy with the IRS and by the financial impact of the proposed assessment and penalties.  He was not sure where to turn.  Thankfully, through our Partnership with the Center for Economic Progress, McDermott was able to step in to help.


McDermott quickly assessed the case and discovered that Fred claimed his son as a dependent and attempted to file his return electronically using a low-income taxpayer clinic. The IRS rejected his return and sent him a notice of deficiency determining that tax was due and that penalties applied for negligence and late filing. Our team filed a petition with the US Tax Court contesting the penalties. After McDermott submitted a position paper with supporting documentation and held multiple calls with the IRS, the IRS conceded and agreed to remove the penalties.


In conjunction with this case, McDermott has been communicating with the IRS National Office and the American Bar Association Section of Taxation in an effort to eliminate the assertion of late-filing penalties where a tax return is electronically transmitted in a timely manner but is rejected by the IRS. “This is an extremely important issue for taxpayers who rely on low-income taxpayer clinics to assist in preparing and e-filing returns,” said McDermott partner Andrew Roberson, who is also the former chair of the American Bar Association Section of Taxation’s Pro Bono and Tax Clinics Committee. “We look forward to continuing to help both individual taxpayers and the community at large in ensuring that penalties are not imposed against those who take all proper steps to timely file their returns.”



Office: Chicago


In Partnership: The Center for Economic Progress

Ethiopian Journalist
Wins Asylum from
Political Persecution

For the last decade, “Mr. G” has been an outspoken critic of the Ethiopian government and its policies regarding civil liberties, particularly the rights and treatment of differently abled individuals. His role as an advocate put him in the crosshairs of the government.  The Ethiopian government threatened, detained, arrested and tortured Mr. G on several occasions because of his political activism. Ultimately, fearful for his safety, he was forced to flee the country, leaving behind his wife and daughter.  Once in the US, Mr. G sought assistance from Human Rights First in applying for asylum.  Human Rights First quickly connected Mr. G with a team of McDermott lawyers. 


Mr. G’s application for asylum was recently granted. Thanks to the grant of asylum, Mr. G is now safely relocated in the United States, where he continues his activism through articles and internet radio broadcasts. His wife and daughter remain in Ethiopia and face continued harassment, but McDermott has successfully applied for derivative asylum on their behalf. “Our hope is to reunite him with his wife and young daughter as soon as possible,” said McDermott associate Macdonald A. Norman. “Mr. G has fought his entire life for disability rights and a fair Ethiopian government, and we are proud to see the tangible results of our efforts on his behalf.”



Offices: Miami; Washington, DC


In Partnership: Human Rights First

A Significant Victory In The Ongoing Fight To Uncover A History Of Discrimination

For the past five years, McDermott and the Mattachine Society of Washington, DC (the Mattachine Society) have embarked on a mission of “archive activism” to investigate and disclose historical evidence of unconstitutionally impermissible animus and discrimination against lesbian, gay, bisexual and transgender (LGBT) Americans. As part of the mission, McDermott’s pro bono team has filed countless Freedom of Information (FOIA) requests in an effort to uncover the often deleted political histories of LGBT Americans who faced persecution and discrimination in all branches of the Federal Government.


Their work has uncovered hundreds of pages of documents showing how homophobic feelings displayed by high-level government leaders, including FBI Director, J. Edgar Hoover, became part of official government policy for over thirty (30) years.  Many of these materials formed the basis for the team to file a nationally recognized amicus brief in the Obergefell case that was submitted to the U.S. Supreme Court in March 2015. 


Post-Obergefell, the McDermott team has not let up in their continued “archive activism” efforts. Rather, the team has doggedly pursued additional FOIA requests. A portion of the historical documents McDermott sought to uncover were those related to President Dwight D. Eisenhower’s Executive Order 10450 (EO 10450), which provided J. Edgar Hoover’s FBI with the legal authority and jurisdiction to purge gay and lesbian employees from the federal employment rolls, and the files of then Assistant Attorney General Warren E. Burger, who was tasked with enforcing EO 10450.


In late 2017, the team won a motion for summary judgment filed against the Department of Justice (DOJ) in the US District Court for the District of Columbia. In a 14-page opinion, US District Court Judge Royce C. Lamberth found that the Federal Bureau of Investigation’s original search for documents was inadequate and “not reasonably calculated to uncover all relevant documents.” With respect to the government’s failure to produce any Warren Burger files, “[t]he Court finds it nearly impossible to believe that a search for every permutation of the name of the man who was charged with carrying out EO 10450, a robust federal mandate that built upon an established FBI initiative, yielded zero responsive documents.” Judge Lamberth ordered the parties to agree on an expanded set of search terms that will meet the Mattachine Society’s request to expose “the FBI’s systematic collection of information, specifically on homosexual employees, in the wake of EO 10450.”


“We are pleased that the Court has ordered the expansion of the DOJ’s inadequate search,” said McDermott partner Paul Thompson. “We look forward to working with the government to devise an appropriate search for documents so that we may prevent the erasure of this important period of time in LGBT history and stop future generations from repeating the mistakes of the past.”

 

This victory sends a powerful message that McDermott and the Mattachine Society will refuse to allow federal, state and local governments to keep important historical documents from the public. “Thousands of LGBT Americans were ruthlessly investigated, interrogated and fired because of this Order, and historians still do not know the full extent of its implementation and enforcement by such officials as then-Assistant Attorney General, Chief Justice Warren Burger,” said Charles Francis, president of the Mattachine Society. “It is time for the government to release these historic FBI and DOJ documents that launched decades of discrimination against LGBT Americans.”



Offices: New York; Washington, DC


In Partnership: The Mattachine Society of Washington, DC

Partnership with UN
furthers Sustainable and Economic Development

In 2015, world leaders unanimously adopted the 2030 Agenda for Sustainable Development, including the 17 sustainable development goals, which for the first time set an agenda that integrates peace and sustainable development. Each year, the UN Sustainable Development Goals Fund (UN SDG) prepares an annual report focusing on one of these goals.


McDermott was proud to collaborate with Penn Law, the UN SDG and the UN SDG’s Private Sector Advisory Group (PSAG) to create the 2017 Annual Report. The report, launched with excitement in early November at the UN, focuses on how the private sector can contribute to peace, justice and inclusive societies.


The McDermott team assisted with the research and drafting of various cases studies highlighting anti-corruption efforts around the world, working with and relying on guidance from in-country experts. Both Paloma Duran, the head of the UN SDG Fund, and Rangita de Silva, advisor to the UN SDG Fund showed appreciation for the team’s dedicated efforts during their remarks at the launch. Many members of the UN SDG Fund’s PSAG also spoke about the importance of this initiative and expressed gratitude for McDermott’s role in the creation of this impactful report. 


The Annual Report reiterates how an effective legal framework can help the private sector build trust with the public and civil society, and details the role of business in creating conditions that would improve areas such as corporate social responsibility, governance, transparency and accountability.

 

“This was a very exciting opportunity for McDermott lawyers to be at the forefront of a unique partnership between the UN and a wide range of private organizations working together to improve sustainability and economic development around the world” said McDermott’s Pro Bono and Community Service Partner, Elizabeth Lewis.



In partnership: Penn Law and the UN SDG Fund

History Made with
Freedom to Marry Event

In June 2017, McDermott was proud to host the 11th Annual LGBT Workplace Awareness program featuring the award-winning documentary, The Freedom to Marry. The film chronicles the history of the marriage equality movement and two of its champions—civil rights attorneys, Evan Wolfson and Mary Bonauto. Evan and Mary’s vision for marriage equality spanned decades of legal challenges. Their work culminated in the destruction of DOMA—the 1996 Defense of Marriage Act, which made marriage legal only between one man and one woman—in the 2013 case of US v. Windsor, and paved the way for same-sex couples to marry anywhere in the country with the 2015 victory in Obergefell v. Hodges.


The film shows the difficulties in securing civil rights for marginalized communities and memorializes this important chapter in LGBT American history. The speakers who addressed the issues raised in the Firm following the screening made the event both extraordinary and memorable. Plaintiffs Edith Windsor and Jim Obergefell made history at McDermott when they appeared and spoke publicly together for the first time. Their candor, humor and passion inspired hundreds of attorneys and staff who participated in the event in Firm offices all over the world. Partner, program organizer and creator of the Firm’s LGBT Diversity & Inclusion Committee Lisa A. Linsky notes, “The program is especially meaningful today because we lost Edie in September 2017 [when she died at the age of 88]. Edie’s legacy is a reminder that it is never too late for one person to change the world and to never postpone joy.”


New Chicago Office is
Pre-Certified LEED Gold
for Energy Efficiency

In March 2017, McDermott’s flagship office in Chicago, IL moved into its new home in the iconic River Point Building. With a focus on our future, the new office space is pre-certified LEED-Gold for energy efficiency and environmental sustainability. It boasts natural light, smart and efficient design, and an ergonomic work space created to nurture collaboration and innovation.

McDermott Swims to
Fight Cancer

This summer, McDermott collaborated with Swim Across America (SAA), a national nonprofit that hosts swims to raise money for cancer research and clinical trials. Several of our employees participated in five open water swim events across the country, including Boston (7/13), Chicago (7/21), New York (7/28), Baltimore (9/16) and San Francisco (9/22) to raise money to prevent, fight and beat cancer.


The "McDermott Makes Waves" teams from all five cities contributed to helping raise more than $30,000 and collectively over $2.2 million toward SAA's mission. All contributions support the great work being done at Dana-Farber Cancer Institute, Mass General Hospital for Children Cancer Center, Rush University Medical Center, Memorial Sloan Kettering, Children's Hospital of New York-Presbyterian, Sidney Kimmel Comprehensive Cancer Center Johns Hopkins, and UCSF Benioff Children’s Hospitals.

Denim Days for
Local Organizations

Once a month, McDermott’s local offices sponsor Denim Days, which allows employees to wear denim in exchange for contributing any amount to a local organization. Offices have collected and donated thousands of dollars for organizations, such as Children’s National Medical Center, American Heart Association, Breast Care for Washington, Capital Area Immigrants’ Rights Coalition and more.

Reducing the Firm’s
Carbon Footprint

McDermott recognizes its obligation to minimize its impact on the planet and to promote a healthy, sustainable environment. As a Firm, we recycle and reduce paper consumption, invest in efficient lighting and heating systems, promote alternative forms of transportation, use technology to reduce travel and create energy efficient workspaces. We’ve partnered with Iron Mountain to analyze our sustainability efforts and provide us with the below metrics for the past year.


Mansfield Certification Builds Diverse
Leadership Pipeline

McDermott has achieved Mansfield Certification for the past two years. One year after signing on to the program, we achieved Mansfield Certification.


In 2018, we then renewed our commitment by signing on to Mansfield 2.0, which broadened the obligations of participating firms by measuring at least 30 percent diversity in pitch activity. We achieved Mansfield 2.0 Certification Plus Status in summer 2019. The Certification Plus status means that we not only met the 30 percent diverse candidate threshold for the Certification status but we also met the program’s threshold for diverse lawyer representation for key leadership and governance positions at the Firm.

 

To achieve the Mansfield Rule objectives, participating law firms had to first establish a baseline metric by which they could assess and analyze their talent pipelines. Firms were expected to record and measure their progress and identify areas for improvement. The ultimate goal of the Mansfield Rule and for McDermott is to boost the representation of diverse lawyers in law firm leadership by broadening the pool of candidates considered for these opportunities.


McDermott is participating in Diversity Lab’s “Mansfield 3.0,” which adds consideration for lawyers with disabilities and measures diversity as a factor for determining roles in client pitch meetings.


McDermott continues to champion diversity, knowing that a variety of viewpoints drives creative solutions and an inclusive atmosphere encourages collaboration in pursuit of successful client outcomes.

Firm Summits Set Goals
for Positive Change

At McDermott, we champion diversity, equality and human rights—these values are core to who we are and who we aspire to be. Our inclusive culture fosters continued success in attracting and nurturing incredible talent from a wide range of backgrounds and we are proud to be recognized as a leader and in workplace diversity.

 

McDermott hosted two very important events over the past year, which supported our team members both personally and professionally.

 

The 2017 Racial & Ethnic Diversity Summit provided a forum to openly consider the obstacles and rewards accompanying racial and ethnic diversity. This inaugural forum, held last summer, discussed the complex topic of diversity, and participants shared which aspects of inclusion ring most important to clients. Brent Hawkins, partner and co-chair of McDermott's Racial & Ethnic Diversity Sub-Committee, affirmed the critical importance of unifying diverse participants of at all levels. “Isolationism is often an issue in large law firms, so the opportunity to create dialogue about ongoing issues and experiences is extremely important. This summit allows participants to assess what we need to do and to create action items the Firm can implement to best promote diversity and inclusion.” The 2018 Racial & Ethnic Diversity Summit will be held June 21–22.

 

McDermott’s second annual Women’s Summit was held during January in Miami, and welcomed female income and capital partners and senior women leaders from across the Firm—along with several of our senior male leaders. This event served the important purpose of discussing and setting goals to continue to make McDermott a positive, dynamic place for all women and colleagues. 

 

“Having had the privilege to attend both the first and second Women's Summits, I can attest to the fact that both have had a tremendous positive impact on female leaders across the firm. The summits have presented a unique opportunity to come together and discuss our expertise, experience, challenges and potential approaches to overcome those challenges,” noted McDermott partner, Lisa Richman. Partner and 2019 co-chair, Maureen O’Brien further stated, “I am inspired by the accountability and willingness of the Firm to put resources toward addressing the challenges female attorneys face in the workplace. So many firms just give lip service to diversity issues. Happily, as a side effect of attending the summit, I now know female attorneys in almost every firm practice and this has made it easy to cross-sell my fellow female attorneys.”

The Fight for Proper Disability Benefits for a Vietnam War Veteran

​In September 2013, McDermott represented Mr. R, a Vietnam War veteran, on a pro bono basis in his appeal to the US Court of Veterans Claims concerning a request for disability benefits that was denied by the US Department of Veterans Affairs (the VA). The client suffers from post-traumatic stress disorder (PTSD) and the effects of tonsil cancer, both of which are related to his service in Vietnam. When McDermott took Mr. R’s case, he was receiving monthly benefits for a 30 percent rating for PTSD and was receiving no benefits for tonsil cancer since the VA did not agree that it was service connected. 


The first appeal McDermott filed in 2014 arose out of the Board of Veterans Appeals rejection of the client's request for an increase in his PTSD benefits to a 50 percent rating and additional benefits for tonsil cancer which he argued was connected to Agent Orange exposure while in Vietnam. On June 30, 2014, the Court of Veterans Claims agreed that McDermott presented sufficient evidence to support a remand of both the PTSD and tonsil cancer claims to the Board of Veterans Appeals for further consideration. 


In July 2015, after considering additional evidence the team obtained and submitted in support of both claims, the Board of Veterans Appeals increased Mr. R's PTSD rating from 30 percent to 70 percent and granted service connection for tonsil cancer, but ruled that the his symptoms of tonsil cancer were not significant enough to be compensable. 


In 2016, McDermott filed a Notice of Disagreement on Mr. R’s behalf and later asked the VA to reconsider whether the veteran qualified for individual unemployability on the basis of the severity of his service-connected disabilities. On August 9, 2018, the VA ruled that the client qualified for individual unemployability retroactive to 2008, thereby entitling him to enhanced monthly benefits at a 100 percent rating and a significant lump sum payment for retroactive benefits. 

McDermott Obtains Asylum for a Transgender Woman from Ecuador

“Maria,” a transgender woman, fled from Ecuador to Italy, where she and her family hoped to escape the persecution that she faced in Ecuador. For almost 10 years, however, Maria continued to face similar persecution in Italy, so she sought asylum in the US. A team of McDermott lawyers was by her side, advocating for her through every step of the asylum process.


Maria’s intermediary relocation to Europe made her case particularly challenging since US immigration laws bar asylum if an applicant has “firmly resettled” in a third country prior to arrival in the US. In the Court of Appeals for the Seventh Circuit, if the applicant received an offer of permanent residency, citizenship or some other type of permanent resettlement in the third country, the applicant must show that they fall within an exception to the firm resettlement bar.


Undeterred by the challenge, in February 2016, McDermott successfully argued that (1) the Department of Homeland Security failed to meet its burden to show an offer of permanent residency, and that (2) the client fell squarely within an exception to firm resettlement because a person cannot be firmly resettled in a country where they continue to face the same persecution as was experienced in the country from which they originally fled. Having cleared these hurdles, the Immigration Court set the case for a full evidentiary hearing on asylum.


On October 22, 2018, following the evidentiary hearing, the judge granted Maria asylum in the US, and the government waived its right to appeal.

Pro Bono Partnership in Action: Mattachine Society

Since 2012, we have worked with the Mattachine Society of Washington DC (MSDC) to uncover the deleted histories of lesbian, gay, bisexual and transgender (LGBT) Americans. This “archive activism” has helped to recover hundreds of documents and preserve countless stories dating back to the 1940s. Signature projects resulting from our partnership with MSDC include an amicus brief in the landmark Supreme Court marriage equality case, Obergefell v. Hodges; an award-winning documentary produced by Yahoo!News investigative journalist Michael Isikoff; and most recently, a comprehensive white paper report examining the legal and political history of conversion therapy in the United States.

 

The report titled, “The Pernicious Myth of Conversion Therapy: How Love In Action Perpetrated a Fraud on America,” offers a detailed look at the history of conversion therapy in the US. The report is divided into three sections. It starts with St. Elizabeths Hospital, the first federally-funded asylum for the insane, and notes the hospital’s practices of electroshock therapy and lobotomies that were performed on LGBT people. This section further examines the role of the medical community in stigmatizing LGBT Americans until 1973 when the American Psychiatric Association declassified homosexuality as a mental disorder.

 

Section two highlights the story of Love in Action (LIA), an ex-gay ministry that for a quarter of a century tried to convert LGBT people to heterosexuality. This section includes original research by the Firm and MSDC, and shines a light on the 2005 lawsuit brought by LIA against Tennessee state officials who tried to regulate LIA’s conversion therapy programs. The original source materials in the report consist of statements we obtained with MSDC during interviews with the Reverend John J. Smid, the former director of LIA, and documents from the lawsuit brought by the Alliance Defense Fund (now the Alliance Defending Freedom) on behalf of LIA on First Amendment religious liberties grounds. This case was one of the first to test the boundaries between religious freedoms and LGBT rights. The story of LIA was previously not widely known previously, but was recently depicted in the film Boy Erased.

 

Section three explores current legislative efforts to implement conversion therapy bans across the country and the resistence by those claiming to preserve religious liberties and parental rights concerning such therapies. The report also includes an extensive analysis of the status of conversion therapy bans for minors across the United States.


In October 2018, Lisa A. Linsky spoke at a National Press Club event in Washington, DC to release the report. Other panelists at the event included Boy Erased author Garrard Conley, his mother, Martha Conley, and Pate Felts from MSDC. Since its release, the report has been mentioned in numerous external media outlets such as The Advocate, The New York Review of Books, Associated Press and Washington Blade. Additionally, many of the leading LGBT rights organizations in the country have posted the report to their websites.


Offices: New York, Silicon Valley and Washington, DC

LGBTQ Workplace Awareness Programs

For the past 14 years, McDermott has hosted its annual LGBTQ Workplace Awareness Program as part of the Firm’s diversity and inclusion efforts. Every year, a different film is selected for screening and is followed by a 30-minute panel discussion. Past films include: To A More Perfect Union: U.S. v. Windsor, The Lavender Scare, The Case Against 8, The New Black, Call Me Kuchu, Code Breaker and The Ice King.


In June 2020, the program featured a pre-screening to the documentary, CURED. CURED takes viewers inside the campaign that led to a pivotal yet largely unknown moment in the struggle for LGBTQ+ equality—the American Psychiatric Association's 1973 decision to remove homosexuality from its list of mental illnesses. Combining eyewitness testimony with newly unearthed archival footage, the film reveals how a small group of impassioned activists achieved this unexpected victory.

Firm Summits Set Goals
for Positive Change

At McDermott, we champion diversity, equality and human rights—these values are core to who we are and who we aspire to be. Our inclusive culture fosters continued success in attracting and nurturing incredible talent from a wide range of backgrounds and we are proud to be recognized as a leader and in workplace diversity.


Every two years, McDermott hosts two important diversity summits to support our team members both personally and professionally.


The Racial & Ethnic Diversity Summit provides a forum to openly consider the obstacles and rewards accompanying racial and ethnic diversity. This forum visits the complex topic of diversity, as participants share which aspects of inclusion ring most important to clients and our colleagues. The summit allows participants to assess what we need to do and to create action items the Firm can implement to best promote diversity and inclusion.” A video of the 2019 R&E Summit can be seen above.


McDermott’s Women’s Summit gathers female income and capital partners and senior women leaders from across the Firm—along with several of our senior male leaders. This event serves the important purpose of discussing and setting goals to continue to make McDermott a positive, dynamic place for all women and colleagues.


 

Bringing Lifesaving Health Care to Underserved Women and Families

McDermott provided valuable legal counsel to secure a Certificate of Need required for Breast Care for Washington (BCW) to launch its Mobile Mammography Program. The Firm maintains a long-standing pro bono relationship with BCW and is proud to support their work offering critical services to women in need, particularly those in DC’s outlying areas.

 

“McDermott is honored to play a role in Breast Care for Washington’s critical work bringing lifesaving health care to underserved women and families in the DC Metro area,” said Karen Sealander, McDermott partner and chairman of the Board of Directors of BCW. “It’s a thrill to see the Firm’s logo on the new vehicle as a symbol of McDermott’s commitment to giving back to the communities where we live and practice. As a Firm recognized for our work in the health care sector, it means so much to know that we have been able to play a role in addressing what has truly become a public health crisis here in Washington.”

 

McDermott played a vital role in helping BCW open the doors to the first and only state-of-the-art 3D technology breast-screening center east of the Anacostia River. The Firm secured a critical exemption from Certificate of Need requirements when the DC Department of Health Director determined that BCW’s services were “necessary for the declared public health purpose of expanding access to primary health care in the District of Columbia.”

 

Office: Washington, DC

 

In Partnership: Breast Care for Washington

Securing Asylum for
Eritrean Client

Mr. Mussie Mehari Zerae was forcibly conscripted into the Eritrean military as a teenager. When he questioned the government’s conscription policy and conditions for soldiers during unit meetings with military leaders, he was arrested from his home, and over the course of more than a year was tortured and imprisoned in deplorable and overcrowded conditions. Mr. Zerae was only released from his government captors after he agreed to sign a document dispelling his political opinions and swearing never to question the government again. Mr. Zerae suffers from lasting physical and emotional injuries as a result of his torture.

 

In an effort to reach the United States and seek refuge, Mr. Zerae traveled—often by foot—through nearly a dozen countries before turning himself into authorities and immediately requesting asylum at the US entry point. At his hearing, Mr. Zerae testified about friends and family members who expressed similar political views and were taken by police never to be heard from again. He stated that he genuinely believed that if sent back to Eritrea, he would most certainly be captured and killed by government authorities. The stakes were particularly high for Mr. Zerae, who recently became a father to a healthy baby girl just a few weeks before his hearing. After waiting nearly nine years for his application to be heard, McDermott secured asylum for Mr. Zerae.

 

The McDermott team who secured asylum for Mr. Zerae included Megan Thibert-Ind, Joshua Eastby and Elizabeth Lewis, as well as a long list of prior McDermott lawyers who represented Mr. Zerae over the years, with invaluable assistance from Alyse Mauro Mason, Jean May and Paul Cronin.

 

Office: Chicago

 

 

Fully Acquitting the Innocent

In the wake of a fungal meningitis outbreak in the fall of 2012, NECC, a compounding pharmacy in Framingham, Massachusetts, was thrust into the national spotlight, shuttered and investigated by state and federal authorities. Joseph Matthew “Matt” Evanosky, a staff pharmacist at NECC, was charged with racketeering, racketeering conspiracy, four counts of mail fraud and two Food, Drug and Cosmetic Act violations. When a US District Judge appointed a team from McDermott to represent him, anticipating a long and complex trial and recognizing Evanosky’s need for counsel, McDermott took the case pro bono.

 

The McDermott team included litigators Mark Pearlstein, Dana McSherry and Jennifer Aronoff, along with support from many other lawyers and staff members at the firm. Evanosky was tried alongside five co-defendants, but was ultimately the only one to be fully acquitted after seven weeks of testimony by a jury in the United States District Court for the District of Massachusetts.

 

“We are very pleased with the jury’s verdict as to our client,” said lead McDermott litigator Mark Pearlstein. “Mr. Evanosky never should have been charged with any crimes, and now that he is finally exonerated he can move forward with his life. One of the best experiences you can have as an attorney is watching your innocent client be set free from the weight of criminal charges. Hearing [the Judge] tell Matt that he was free to go was a moment that we will always treasure. As lawyers, it does not get better than this.”

 

Office: Boston

Mentoring a Lawyer Looking to Practice in New Country

Mrs. Schütz, a Russian citizen and practicing insolvency lawyer, immigrated to Germany a couple of years ago for marriage. Tragically, her German citizen spouse fell ill and could no longer work. They have two children (age 4 and 6) and the family is financed by public social support and her small salary (some 450 EUR per month). Mrs. Schütz started to study at the Ludwig Maximilian University of Munich in a Master program, and found a job in an insolvency firm as a student assistant—but still, obtaining a position at a German law firm proved challenging.

 

Fortunately, the City of Munich provides a Mentoring Partnership for people with foreign academic degrees who would like to work in Germany. A part of this program is the support of mentees by experienced professionals and executives, and McDermott lawyers Dr. Nikolaus von Jacobs and Robert Feind participated as mentors for Mrs. Schütz.

 

Feind and von Jacobs’ role was to show Mrs. Schütz real job opportunities as a lawyer in Germany. They analyzed the legal framework to provide legal services by foreign lawyers, in particular by Russian lawyers, in Germany. They then carried out a market analysis regarding possible job opportunities for a Russian lawyer in Germany, and together decided on certain law firms to which she could apply. They supported Mrs. Schütz in the whole process of applying for a new job, including reviewing her resume and application documents and preparing her for job interviews. Right before Mrs. Schütz’s first job interview, Feind and von Jacobs simulated an interview to strengthen her self-confidence and prepare her for tricky questions. After the first job interview in a law firm, Mrs. Schütz received a job offer.

 

“We hope that by means of our support she will be able to find her place in the legal profession on a level sufficient to finance the needs of her entire family,” said von Jacobs. “It was really an inspiring experience.”

 

Office: Munich

 

In Partnership: City of Munich, Mentoring Partnership

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