Morrison & Foerster
From securing elections to putting the government to its burden in criminal cases to protecting the rights of the disabled, every case is vitally important to the clients and to me.
April 30, 2019 at 11:59 PM
3 minute read
David Cross, with Morrison & Foerster in Washington, D.C. April 12, 2019.
Describe your firm's philosophy on pro bono service.
Morrison & Foerster has a proud tradition of pro bono leadership. We have established a formal expectation that all MoFo lawyers make meaningful pro bono contributions throughout their careers. Our guiding principle is to accord equal dignity and equal rigor to our pro bono endeavors. We encourage lawyers to find their passion in pro bono, and we dedicate extraordinary resources to helping them contribute their best through pro bono work.
Of the big cases your firm recently worked on, one included a win for Georgia voting rights. Tell us more about that case and how you reached the outcome.
We employed a three-part strategy: (i) we narrowed our case to moot defendants' immunity defenses; (ii) we engaged the country's leading election integrity expert to hack a Georgia voting machine and alter the results in the courtroom; and (iii) we induced the defendants to put key election officials on the stand to defend the election system, knowing cross-examination would elicit many security deficiencies in that system. Consequently, the court rejected the immunity defenses (which the 11th Circuit affirmed) and found that defendants had taken a "head in the sand" approach to election security, creating powerful precedent for election security challenges. With the time crunch of midterms behind us, we're now well positioned to win preliminary and permanent injunctions this year.
What was the most satisfying aspect of that key case?
Nothing is more fundamental to our republic than secure elections reflecting the will of the voters. This institution is under attack from forces within and without the country. The court's decision breathes new life into critical efforts across the U.S. to thwart those attacks by requiring secure, reliable voting systems, even when legislatures and executives do not. The court's decision validating our theory and concerns was incredibly satisfying and encouraging.
Discuss other key pro bono matters recently completed by the firm.
Highlights of our lawyers' achievements through their collective 78,000 hours of pro bono work in the last year include: Parents who care for foster children in Hawaii are receiving substantially increased stipends for their care. Before we filed suit in 2013, foster care stipends were unchanged for 25 years.
Individuals with mental disabilities or mental illness in Los Angeles—many of them homeless or close to it—no longer face structural barriers when applying for General Relief benefits. A Texas law that stigmatized women seeking abortion by requiring burial or cremation of fetal remains was enjoined.
Recipients of short-term housing subsidies in Washington, D.C., are protected by the city's ban on "source of income" discrimination.
Why does your pro bono work matter to you as a lawyer?
Our pro bono work provides an opportunity to help protect the rights of those who cannot afford to do so themselves. It's an important reminder that justice isn't truly available to all because it often comes at considerable cost. From securing elections to putting the government to its burden in criminal cases to protecting the rights of the disabled, every case is vitally important to the clients and to me.
Responses submitted by Jennifer Brown, senior pro bono counsel at Morrison & Foerster, and David Cross, partner in the firm's global antitrust practice.
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