In 2016, Proskauer, together with the Advocacy Center of Louisiana and the Washington Lawyers Committee for Civil Rights and Urban Affairs, filed a pro bono litigation in Louisiana federal court with the goal of securing qualified and certified American Sign Language (ASL) interpreters for deaf and hard of hearing probationers and parolees under the supervision of the Louisiana Department of Public Safety and Corrections (LDPSC) who needed ASL interpreters to communicate effectively with their probation and parole officers.

In this case of first impression, the stakes were high—without qualified and certified ASL interpreters, our clients and other affected individuals were at significant risk of not being able to comply with their probation or parole because they simply could not understand what they were being told.  In fact, individuals have been re-incarcerated in some cases for failing to comply with their probation due to the language barrier caused by hearing loss or deafness.

Over the course of approximately three years of litigation, the team interviewed countless witnesses, reviewed thousands of pages of documents, and conducted more than 10 depositions of LDPSC employees and contractors, and engaged in expert discovery.

We are pleased to announce that while preparing for an August trial date, the parties reached a favorable settlement that provides meaningful protections for our clients and all affected individuals under the LDPSC’s supervision. The settlement agreement requires the LDPSC to conduct communication assessments on an annual basis to determine whether an affected individual requires a qualified, certified ASL interpreter (or auxiliary aid) to communicate effectively, and, if required, to provide one at intake meetings, interactions that impact the freedom or sentence of an affected individual, and at all classes or treatment programs required as a condition of supervision.

Through this settlement, deaf and hard of hearing individuals under supervision of LDPSC who need assistance to communicate effectively will receive equal access to justice.

The Proskauer team was led by partner Russell Hirschhorn, and included associates Russell Gorkin, Om Alladi, Rachel Gulotta, Samantha Shear, David Munkittrick, and Lindsey Chopin.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Russell Hirschhorn Russell Hirschhorn

Russell L. Hirschhorn, co-head of the ERISA Litigation Group, represents plan fiduciaries, trustees, sponsors and service providers on the full range of ERISA and state law benefit and fiduciary issues. From single plaintiff litigation and arbitration to complex class action litigation, he provides…

Russell L. Hirschhorn, co-head of the ERISA Litigation Group, represents plan fiduciaries, trustees, sponsors and service providers on the full range of ERISA and state law benefit and fiduciary issues. From single plaintiff litigation and arbitration to complex class action litigation, he provides practical guidance, develops unique litigation defense strategies and, when appropriate, mediates successful resolutions.

Russell represents clients across a wide array of publicly-held, multi-national companies and privately owned companies across a multitude of industries including, banking, finance and investments, pharmaceuticals, retail products and construction, to name just a few. In addition, he also counsels benefit plan clients on a host of compliance and federal and state government agency enforcement matters, including complex and lengthy investigations and audits by the U.S. Departments of Justice and Labor.

Russell is management co-chair of the American Bar Association Employee Benefits Committee as well as management co-chair of the Trial Institutes Committee of the American Bar Association’s Labor and Employment Law. He also writes on cutting-edge ERISA litigation issues, serving as a contributing author and a past chapter editor to Employee Benefits Law (BNA Third Edition).

Deeply dedicated to pro bono work, Russell was a principal drafter of several amicus briefs for the Innocence Project, a legal non-profit committed to exonerating wrongly convicted people. Russell has been recognized on several occasions for his commitment to pro bono work including by President George W. Bush in receiving the U.S. President’s Volunteer Service Award.

Photo of Russell T. Gorkin Russell T. Gorkin

Recently recognized as “One to Watch” in Best Lawyers in America, Russell’s practice focuses on international arbitration, as well as a broad range of other commercial litigation matters.  He has successfully represented some of the world’s most successful and sophisticated entities and…

Recently recognized as “One to Watch” in Best Lawyers in America, Russell’s practice focuses on international arbitration, as well as a broad range of other commercial litigation matters.  He has successfully represented some of the world’s most successful and sophisticated entities and individuals before arbitral tribunals and in state and federal trial and appellate courts.

Most recently, Russell helped secure a favorable settlement on behalf of an alternative investment firm alleging breach of contract and other claims against a multinational pharmaceutical company following a two-week arbitral merits hearing featuring 20 witnesses.

Additionally, Russell maintains an active pro bono practice.  He is a two-time recipient of the firm’s Golden Gavel award for excellence in pro bono work.

Prior to joining Proskauer, Russell served as a law clerk to the Honorable George B. Daniels at the U.S. District Court for the Southern District of New York and, before that, to the Honorable Robin S. Rosenbaum at the U.S. Court of Appeals for the Eleventh Circuit.

Russell’s scholarship has appeared in the Harvard Journal of Sports & Entertainment Law and the Duke Journal of Constitutional Law and Public Policy Sidebar, and has been cited in the Harvard Law Review and in an amicus curiae brief filed with the Supreme Court of the United States, among other places.

Before law school, Russell worked for several years as a management consultant.  He currently resides in New York City with his wife, Eriko, and their toddler daughter, with whom he enjoys exploring the city’s many parks and playgrounds.