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.

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Photo of Russell Hirschhorn Russell Hirschhorn

“Russell has strong subject matter expertise.”

“Russ is extremely responsive and practical. He listens to the client perspective and is hands on and engaged, while also delegating work as appropriate.” 

-Chambers USA

Russell L. Hirschhorn is co-head of Proskauer’s premier ERISA Litigation Group…

“Russell has strong subject matter expertise.”

“Russ is extremely responsive and practical. He listens to the client perspective and is hands on and engaged, while also delegating work as appropriate.” 

-Chambers USA

Russell L. Hirschhorn is co-head of Proskauer’s premier ERISA Litigation Group, which is a significant component of the firm’s ERISA Practice Center and globally renowned Labor and Employment Law Department.  Russell’s practice focuses on employee benefits issues arising under the Employee Retirement Income Security Act of 1974 (ERISA), including class action and complex litigation, U.S. Department of Labor and Internal Revenue Service investigations, and counseling clients on best practices to avoid litigation.

Russell has more than two decades of experience representing plan sponsors, fiduciaries, trustees, and service providers across the country.  His work on behalf of clients has included all types of plans, including 401(k) plans, 403(b) plans, defined benefit plans, employee stock ownership plans, executive compensation plans, health and welfare plans, multiemployer plans, multiple employer plans, and severance plans.  And, it has included the full gamut of claims arising under ERISA, including excessive investment and plan administration fees and investment underperformance claims; cash balance plan litigation; claims for benefits; company stock fund cases; claims for delinquent contributions; ERISA § 510 claims; ERISA statutory claims; ESOP litigation; executive compensation claims; independent contractor claims; independent fiduciary representations; multiemployer fund litigation; plan service provider claims; recoupment of plan overpayments; retiree benefits claims; severance plan claims; and withdrawal liability claims.

Deeply dedicated to pro bono work, 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.  His pro bono work has included serving as lead litigation counsel in several impact litigations: on behalf of social security recipients whose benefits were unlawfully suspended based on an outstanding warrant, deaf and hard of hearing prisoners in Louisiana prisons seeking disability accommodations, and Swartzentruber Amish in upstate New York to obtain religious exemptions from certain building code requirements. Russell also was a principal drafter of several amicus briefs for the Innocence Project, a legal non-profit committed to exonerating wrongly convicted people.