Pro Bono Innovators 2022 Honoree Skadden, Arps, Slate, Meagher & Flom

Your firm’s key matters included the US Supreme Court case Caniglia v. Strom, a Fourth Amendment case involving the community care taking exception to the warrant requirement for searches. You also piloted a remote Emergency Rental Assistance Program and housing repair/eviction prevention clinics with Legal Services NYC. How did your firm strategize on how to approach these matters?

After successfully petitioning the court to grant certiorari in Caniglia, we coordinated a substantial group of amici representing diverse interests—for example, the ACLU and the American Conservative Union Foundation filed a joint amicus brief. I (Shay Dvoretzky) prepared for a tough argument and difficult questions so that during the 100-minute argument I was ready to answer the range of hypotheticals raised during the aberrational-for-telephonic-argument free-for-all questioning by the justices.

As eviction moratoriums ended, thousands of New Yorkers risked losing their homes. Together with Legal Services NYC, I (Brenna DeVaney) strategized with my team on how to offer remote assistance to help individuals and families access housing relief during a pandemic. We worked with LSNYC to identify the most pressing needs and find a way for us to bridge the justice and technology gaps by providing lawyers and firm resources that allowed attorneys to file for tenants online and translate crucial information for clients not proficient in English.

What were the most innovative aspects of these matters in your view? And who took the lead on driving innovation with the work?

The pandemic exacerbated the already dire need for low-income legal assistance. A thoughtful and deliberate process led us to conclude that housing was a crucial area to focus on because of both the dramatic increase in the risk of eviction, and the instability that can spiral from losing one’s home. Together with LSNYC, we created a flexible infrastructure that would evolve as needs changed. By offering remote clinics and providing translation services, we were able to reach a vulnerable population quickly and effectively.

A matter implicating critical and sensitive issues—including law enforcement’s ability to address mental-health crises—required strategic and innovative argument, from us and our diverse group of amici supporting Caniglia’s position. The contrast between the lengthy oral argument, where the justices clearly were wrestling with the case, and the unusually brief unanimous opinion underscores how successful our team at Skadden was in persuading the court to rule for our client.

Tell us more about the impact of the matters on the local, national, and/or global level.

The Caniglia ruling repudiates the First Circuit’s now discarded standard that would have allowed police to demand entry into individuals’ homes based on officers’ subjective perceptions of need. In rejecting that standard, the court reaffirmed bedrock Fourth Amendment principles. The court’s holding has already been cited in more than 100 lower court decisions and represents a significant victory for Americans concerned about the sanctity of their homes.

The 20 housing clinics held throughout 2021 and August 2022, resulted in Skadden attorneys and professional staff assisting nearly 85 low-income families at risk of losing their homes. Skadden attorneys are also representing clients in obtaining necessary repairs in their homes. Through our clinics, volunteers have secured more than $15,500 in back rent for respective clients. More than 100 Skadden volunteers contributed nearly 2,100 hours to these efforts. Our housing repair/eviction prevention clinics with LSNYC continue to take place on a monthly basis.

Why do you think your team ultimately achieved successful results?

Our partnership with LSNYC was and remains critical in order for Skadden attorneys and professional staff to be able to provide housing relief and representation. LSNYC is the leader and expert in this space, and Skadden is committed to listening to experts about what the most critical need is and matching our resources and effort to that need. This type of partnership enables us to support and collaborate with LSNYC and other legal services organizations to respond to urgent and unprecedented needs with creative and successful solutions.

Being able to take the Caniglia matter on and dedicate significant resources demonstrates Skadden’s deep commitment to pro bono and providing access to justice. Besides having the full support and resources of the firm, my (Shay Dvoretzky’s) team, including firm counsel Emily Kennedy and associate Sylvia Tsakos, was critical in coordinating and developing the strategy and the tremendous amount of work that went into making this matter successful.

Take us back to the time the matters were resolved. What did you do to celebrate?

As with so many other things, the pandemic constrained our ability to really celebrate after the SCOTUS ruling. But a victory like this always energizes the team to gear up for the next case. It’s been rewarding to see our Supreme Court practice grow over the last two years and have the opportunity to collaborate with our well-established pro bono program. Caniglia will always hold a special place as our first merits case since launching my practice at Skadden and an important pro bono victory.

It is not time to celebrate yet because housing remains a vital issue for low-income people in NY and beyond. That said, we are proud of the structure we built, our partnership with LSNYC, and the commitment of our volunteers. Our celebration for now means saying thank you and expressing our deep gratitude to our volunteers, LSNYC, and our pro bono clients for trusting us to work with them.

Responses provided by Shay Dvoretzky, Skadden partner and head of the Supreme Court and appellate litigation group who led the representation of Edward Caniglia; and Brenna DeVaney, Skadden’s chief pro bono officer who led the development and implementation of the first remote clinics with LSNYC.

—With assistance from Kibkabe Araya