Case: 3:14-cv-00064-bbc Document #: 189 Filed: 02/19/15 Page 1 of 5

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WISCONSIN

VIRGINIA WOLF, et al.,

Plaintiffs,
v.

Case No. 14-cv-64 (BBC)

SCOTT WALKER, et al.,

Defendants.

SUPPLEMENTAL DECLARATION OF MARC R. KADISH

Marc Kadish, pursuant to 28 U.S.C. 1746, declares as follows:
1.

I submit this supplemental declaration in support of the petition filed by Plaintiffs

for an award of attorney fees, costs, and expenses arising from the work performed in the above
captioned matter by Plaintiffs' counsel at Mayer Brown LLP as cooperating attorneys for the
American Civil Liberties Union Foundation and the ACLU of Wisconsin Foundation. This
declaration addresses some of the objections to the award of fees raised by Defendants.
Paralegal and support staff time.
2.

The attached exhibit lists the paralegal and support staff who worked on this matter,

their title and the years of experience they have in those positions. This paralegal and support staff
time is regularly billed to paying clients who willingly pay for those services.
Hours billed by lawyers in one day.
3.

Defendants have asserted that it is unreasonable for an attorney to bill a paying

client 10 to 14 hours in one day for drafting a brief. It is unfortunate, however, that attorneys at
Mayer Brown often work a good deal more than eight hours, and sometimes as much as fourteen

Case: 3:14-cv-00064-bbc Document #: 189 Filed: 02/19/15 Page 2 of 5

or more hours, on briefs that must be completed because of strict time constraints imposed by
litigation schedules. Mayer Brown clients expect their lawyers to put in the hours necessary to
complete their work on a timely basis and are billed for and pay the firm for such hours.
My time on this case and my hourly rate.
4.

My time in this case involved much more than setting up meetings, as Defendants

suggest, but required me to understand the strategy behind and legal theories in the case to be able
to put together a team of lawyers to provide high quality representation. My e-mails too are often
substantive and are an essential part of staffing a case. The tasks outlined in my time records were
not ones that could have been performed by my secretary.
5.

My hourly rate is based on my 44 years of experience as a lawyer. I have been the

Director of Pro Bono Activities and Litigation Training at Mayer Brown since 1999. For more
than 20 years before joining Mayer Brown, I was a clinical law professor, teaching subjects such
as evidence, criminal law and lawyering skills. I have worked on civil rights cases since the 1970s.
As a clinical professor, I worked with and supervised students on criminal defense matters. Since
joining Mayer Brown, I have worked on and supervised lawyers in the firm on civil rights cases.
During my career, I have conducted more than 60 jury trials and numerous bench trials before
Chicago-area state and federal courts.
Litigation and civil rights expertise of the Mayer Brown attorneys who worked on this case.
6.

The lawyers who worked on this case are all skilled litigators with extensive

experience in complex litigation which requires careful and thorough legal analysis, clear and
concise writing, and strategic thinking, often under fairly extreme time pressure skills that were
directly applicable to those lawyers work in this case. Several of them had experience working
on constitutional or other forms of civil rights litigation as outlined in more detail below.

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7.

Although Mayer Brown is firmly committed to providing pro bono legal services,

Mayer Brown attorneys, including those who worked on this case, typically devote the bulk of
their time to work for paying clients.
8.

Timothy Bishop, a partner, is a member of Mayer Browns Supreme Court and

Appellate Litigation Practice and has worked on a number of pro bono civil rights cases, including
assisting in the preparation of a Supreme Court amicus brief for the Black Women Lawyers
Association of Greater Chicago in Grutter v. Bollinger, two habeas petition appeals, a direct
criminal defense appeal, and a Supreme Court amicus brief in Alleyne v. United States.
9.

Hans Germann is a partner in Mayer Browns Litigation practice and a member of

the firms telecommunications subgroup. His pro bono work includes filing a petition for certiorari
in LeClerc v. Webb, a case in which the Fifth Circuit rejected an equal protection challenge to a
Louisiana rule barring lawfully admitted aliens on temporary visas from admission to the
Louisiana Bar. In addition, his work for paying clients has included the pursuit of constitutional
claims, including due process and equal protection claims.
10.

Gretchen Helfrich was formerly an associate in the firms Litigation practice who

worked on a range of complex litigation matters while at Mayer Brown from 2009 until 2014. She
also worked on several pro bono constitutional and civil rights matters, including representation
of a woman charged with criminal neglect of a child, appeal of the denial of a habeas petition, and
research for the Inter-American Commission on Human Rights LGBT Rights Study. In addition,
she devoted more than 480 hours to the case of Lazaro v. Orr, the challenge to Illinois ban on
marriage for same-sex couples. Her work on that case started as early as February 2010 with
researching various Constitutional theories, and went on to include drafting portions of the
Plaintiffs opposition to the Intervenor-Defendants motion to dismiss, arguing a discovery

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motion, and working with the Plaintiffs and one of the experts to prepare declarations supporting
Plaintiffs motion for summary judgment.
11.

Kristin Silverman is an associate in the firms Litigation practice whose work on

antitrust and complex commercial litigation matters includes allegations of price fixing, market
allocation, monopolization and bid-rigging including investigations conducted by state and federal
authorities. In addition, she devoted over 119 hours to work on the Lazaro v. Orr marriage case in
Illinois, performing research and assisting with drafting both substantive and procedural pleadings
for that case.
12.

Frank Dickerson is a Litigation & Dispute Resolution associate with the firm whose

work on briefs and dispositive motions in the Supreme Court of the United States, several Courts
of Appeals and several District Courts has included antitrust, consumer finance, criminal defense,
immigration, and commercial disputes. In addition, he has worked on several constitutional and
civil rights cases, including appointment as amicus curiae for the court to brief an argument in an
immigration case involving a pro se litigant, Wenfang Liu v. Mund, which he argued successfully
in the Seventh Circuit, drafting an amicus brief addressing constitutional and common law
arguments in a de facto parenthood case, In re Scarlett Z.-D., and drafting a Supreme Court amicus
brief (with the assistance of Timothy Bishop) addressing the rights of criminal defendants with
respect to sentencing in Alleyne v. United States.
13.

Linda Shi is a Litigation & Dispute Resolution associate whose practice focuses

primarily on complex commercial litigation. Her civil rights and constitutional work has included
representing a prisoner in his claims of inadequate health care.

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14.

Rebecca Klein is a Litigation & Dispute and Resolution associate. Her civil rights

work has included post-conviction representation of a criminal defendant seeking to overturn his
conviction.
15.

Mary M. Anderson was formerly a Litigation & Dispute Resolution associate of

the firm who was a PILI Graduate Fellow with the Pediatric Advocacy Clinic, where she
represented low-income clients in a variety of civil matters. She is a 2013 cum laude graduate of
the University of Michigan Law School, where she was Notes Editor of the Michigan Journal of
Environmental and Administrative Law. She was licensed to practice in Illinois in October 2013.
Her civil rights work has included representation of a criminal defendant in a federal court hearing
on his claim of ineffective assistance of counsel and representation of an immigration client in
asylum and removal proceedings.
16.

Paige Becker was a summer associate in 2014.

Under penalty of perjury, the undersigned certifies that the statements set forth in this
declaration are true and correct to the best of his knowledge.

Executed on February 19, 2015.

/s/ Marc R. Kadish

Marc R. Kadish
Mayer Brown LLP
71 S. Wacker Dr.
Chicago, IL 60606
Tel: (312) 701-8747
Fax: (312) 706-8774
Email: mkadish@mayerbrown.com

EXHIBIT A

Case: 3:14-cv-00064-bbc Document #: 189-1 Filed: 02/19/15 Page 1 of 1

Name

Title

Years with
Mayer Brown
15

Baker, Alexis

Docket Clerk

Dziekan, Susan

Paralegal (Litigation)

18

Evans, Kristen N.

Paralegal (Litigation)

18

Hinton, Beverly A.

Docket Clerk/Trainer

28

Knox III, Paul K.

Docket Clerk

20

Madden, Brandy J.

Contract Paralegal (Litigation)

11

Owens, Darryl K.

Document Clerk

11

Raffaele, Barbara

Paralegal (Litigation)

13

Serzante, Zanete

Reference/Research Assistant

15

Siegel, Helene F.

Pro Bono Paralegal

26

Silverman, Robert D.

Docket Clerk

29

Towns, Bobby H.

Library Services Manager

Wells, Stephen F.

Supreme Court and Appellate Practice Research

Administrator (Paralegal)

27

Westphal, Joyce M.

Paralegal (Litigation)

14

AMECURRENT 715043249.1 18-Feb-15 14:09

43.5