What were the firm’s biggest or most important (non-client) achievements as a firm in 2020?
We are proud that through one of the most devastating years in history, Jackson Walker proved resilient. Last year, as the pandemic loomed, Jackson Walker quickly and seamlessly transitioned to a fully remote work environment over the course of a single weekend. We were able to retain our culture and keep morale high as the firm worked together towards the common goal of serving our clients with excellence. Early on, we made a commitment to our lawyers and professional staff to come through the pandemic together. We are very proud that we were able to weather 2020 with our team intact without layoffs or requiring anyone to take a pay cut.
However, the pandemic was not the only hurdle the country faced last year. As many in the U.S. and around the world stood against systemic racism and social injustice, under the leadership of partner Suzan Kedron, who was new to her role as leader of our D&I efforts, we looked both within and beyond our Firm to form transformational relationships through dialogue. Through a variety of initiatives, we made substantial progress in strengthening diversity and inclusion at Jackson Walker. We made conscious efforts to celebrate the value that diverse perspectives bring to Jackson Walker. Though 2020 was a tough year, we were grateful to have the opportunity to consider how each of us connects with one another.
As a firm, what were your biggest challenges and how did you address them?
The biggest challenges in 2020 centered around supporting our clients as they navigated unknown territory. Over 7% of our active matters for the year related to COVID-19. Our labor and employment lawyers guided clients through the intricacies of managing a remote workforce, keeping their workplaces safe, administering new mandatory paid leave, and gearing up for return to work. We helped substantial numbers of clients obtain Paycheck Protection Program loans and we even helped a few small and mid-size banks set up their PPP loan programs. Our real estate lawyers helped landlords provide safe environments for their lessees. All in all, we identified 45 key areas of client concern and assisted with all of them.
We were also one of the first law firms in the country to develop a COVID-19 resource center for our clients. Our COVID-19 response team, led by partner Brad Nitschke, included 25 attorneys who together produced over 225 articles, 60 newsletters, 40 podcasts, and 14 webinars. We provided a webinar on the CARES Act within days of its passage. Through the entire year, we remained in constant communication with our clients and helped them with matters large and small as the pandemic presented ever greater challenges to their businesses.
What were three of the most important successes your firm’s Texas lawyers achieved for clients last year?
An area in which our assistance was particularly helpful to clients was in understanding the telemedicine landscape. Even prior to the pandemic, Jackson Walker had one of the few practices with a holistic understanding of the telemedicine regulatory landscape in all 50 states. With the coming of the pandemic and changes in laws governing the ability to practice telemedicine, we advised countless clients, both new and old, on what the changes meant for their practices.
Of course, it is important to recall that for some clients the challenges created by COVID-19 led to a need to restructure their businesses. Particularly notable was our work on the Mood Media bankruptcy, a pre-packaged bankruptcy that went from filing to emergence from bankruptcy in under 30 hours, the second fastest bankruptcy in the country. In 2021, we then beat the national record in the Belk, Inc. bankruptcy, in which Belk emerged from bankruptcy 21 hours after the case was filed.
But not all of our important successes were tied to COVID-19 and its impact on clients. Early in 2020, a team of litigators obtained the largest known recovery in a student speech case in the United States for a student of a California Bay Area public high school, who was punished for a short video on YouTube parodying a James Bond film to promote his election campaign for his class presidency. This case has particular resonance in light of the decision of the United States Supreme Court to hear another student speech case, Mahanoy Area School District v. B.L., a case with similarities to the Jackson Walker student speech case.
Who are two Texas lawyers – one partner, one associate – who really shined in 2020 and why?
Throughout 2020, partner Matt Cavenaugh’s name became a fixture in the legal media as Jackson Walker teamed up with Kirkland & Ellis as co-counsel to represent debtors in some of the most significant and substantial bankruptcies of 2020. As Chief U.S. Bankruptcy Judge David Jones told The Texas Lawbook, “It seems like every time I get a new case, it has Matt’s name on it. It is exciting seeing so many great bankruptcy lawyers getting to showcase their talent, and especially younger lawyers like Matt.” During 2020, Jackson Walker filed more than 30 major commercial bankruptcies, many of them led by Matt Cavenaugh, and represented parties in scores more, making Jackson Walker the leader in the number of complex corporate bankruptcies handled by lawyers in Texas. Most importantly, these restructurings have saved many storied companies and hundreds of thousands of jobs.
As clients sought out Jackson Walker to help understand the impact of new legislation and existing laws and regulations on their obligations to their employees, the work of our labor and employment group grew substantially. Associate Sara Harris was a key contributor in serving these clients. Sara also brought her research skills to bear on several key client communications, including early summaries of the Families First Coronavirus Response Act and Cares Act, as well as articles, podcasts, and webinars about a variety of COVID-19 related topics, including telemedicine and employer policies regarding vaccination.
What was the firm’s biggest pro bono/public service success in Texas of 2020?
Under the leadership of partner Edwin Buffmire, who was new to the chairmanship of the pro bono committee in 2020, Jackson Walker redoubled its commitment to pro bono service. Jackson Walker’s biggest pro bono and public service success in 2020 was the creation of new partnerships with legal services organizations to advance equity in the justice system. Two of these partnerships were with the Buried Alive Project and the Promise of Justice Initiative.
The Promise of Justice Initiative advocates for the humane, fair, and equal treatment of individuals in the criminal legal system. Currently, one of its projects is dedicated to helping overcome the injustices and injuries caused by non-unanimous jury convictions in Louisiana. Over 800 people are jailed – some for life – as a result of such verdicts. On April 20, 2020 the Supreme Court held in Ramos v. Louisiana that the Sixth Amendment to the U.S. Constitution requires that guilty verdicts for criminal trials be unanimous. This ruling meant all inmates on direct appeal may be entitled to a new trial. For those whose convictions are final, or who are no longer on direct appeal and are incarcerated, still to be decided is the question of retroactivity of the Ramos decision. Jackson Walker is working with several such clients.
The Buried Alive project seeks to end inequity caused by sentences of life without parole for drug offenses imposed under outdated federal drug sentencing laws. Through litigation, legislation, and humanization, the Buried Alive project works to free people incarcerated under those laws. From preparing initial petitions for compassionate release to stand-up opportunities in court, Jackson Walker attorneys assist the initiative in obtaining review of cases of people who have received life sentences for non-violent drug convictions.
What was the firm’s most significant move forward in addressing diversity and inclusion in 2020?
Our partnership with Pastor Richie Butler and Project Unity on Together We Dine events and our new Diversity & Inclusion Hours helped attorneys and staff listen, learn, and engage with those from different backgrounds and celebrate the great work of our diverse talent.
The Together We Dine programs allowed us to spend about an hour with other JW team members engaging in courageous and safe conversations about race relations, sharing personal experiences, and listening to the stories of our fellow attendees. Each event was led by a trained facilitator who asked questions such as 1) Describe your community’s racial makeup growing up. How did it shape your views on race?; 2) What is your first memory of racism? How did it affect you?; and 3) What gives you hope about future race relations in America? The Together We Dine experience helped prove that what unites us is greater than what divides us by discussing our beliefs and differences.
During each D&I Hour, we spent an hour learning about important topics (Black Lives Matter, Chinese American History in the US, the CROWN Act, etc.) through educational presentations. The D&I Hours, which are a reflection of us and who we are as a firm, also allowed us to highlight the work and activities of our diverse attorneys.
Both of these programs are offered not only to attorneys, but also to members of our professional staff, which was essential to us since they are the glue that keeps us together.
What is your No. 1 goal as a law firm for 2021?
Year in and year out, our primary goal is to help our clients succeed in their businesses. When our clients succeed, we succeed.