McDermott - Diversity

Todd Solomon was quoted by the San Francisco Chronicle (July 8) concerning the implications of Google’s decision to reimburse employees for the taxes paid on health care benefits for same-sex domestic partners, taxes that do not apply to married employees. He noted that other companies may consider such a step, but there are difficulties involved, particularly regarding the tax rate to be used. “It’s not snap your fingers and do it. There are a lot of things to think through,” Mr. Solomon noted.

Todd Solomon was quoted in The New York Times (June 30) and the International Herald Tribune (July 2) concerning Google’s new policy of covering the expense of an extra tax on health care benefits for same-sex domestic partner couples that heterosexual married couples do not pay. “It’s a fairly cutting-edge thing to do,” Mr. Solomon said of the company’s decision to make up for the extra tax payment.

Todd Solomon spoke to the Society for Human Resource Management annual conference regarding best benefit practices for same-sex couples, a talk summarized July 2 on www.shrm.com. Mr. Solomon noted the difficulty posed by conflicting state and federal regulations regarding health care benefits for same-sex partners, saying, "To be perfectly frank, many employers don't get this right." He advised creating a grid to map the state and federal laws that might apply in a specific jurisdiction. "An employer's response also depends on whether the plans are self-insured or not," he added. "Insured plans are affected by state law benefit mandates and may have to recognize same-sex marriages, if that's the law in the state where the insurance was issued," even for employees that reside in states where same-sex marriages are not recognized. Click here for the full article.

Lisa Linsky discussed for Curve Magazine (June 23) the implications of the New York State Senate’s rejection of a gay marriage equality bill. “We are left with no marriage rights in New York State and only a patchwork of policies on marriage recognition subject to the discretion of individual state agencies,” Ms. Linsky said. She also noted that, in a 2009 case, the state Court of Appeals “refused to establish a broad legal rule for same-sex couples that reflects the State’s long-standing recognition of out-of-state marriages for opposite-sex couples. They had the chance. They didn’t do it.” Ms. Linsky urged gay New York married couples with out-of-state marriage licenses to pursue such protective legal steps as establishing joint tenancy with a right of survivorship for home ownership.

Amy Ferrer was profiled in a May 14 Boston Business Journal story about lawyers who have been named partners in their firms during 2010. Ms. Ferrer, a 2003 graduate of Fordham University School of law, practices in corporate securities and transactions law and said that becoming partner “has always been a goal of mine, … to know that all my hard work over the years has paid off.” She added that McDermott has a positive environment for women lawyers, observing that “there are more male partners, but the firm is supportive of women and I don’t notice any difference in how it treats men and women.” Click here to view the full article.

Lisa Linsky, partner in charge of Firm-wide diversity at McDermott, told Law.com (May 6) that even though law firms have been downsizing their employment in response to economic pressures, corporate clients will still expect firms to maintain a diverse lawyer population. “These are the times that clients look to law firms and ask about the true measure of the firm’s commitment to diversity,” she stated.

Todd Solomon was quoted extensively in an April 6 Bay Area Reporter story about how same-sex couples can use Section 152 of the Internal Revenue Code to avoid higher taxes on health benefits for a domestic partner who can be classified as a dependent. "If you look at Section 152, there is more than one way to skin the cat here in order to be a dependent under the tax code," Mr. Solomon said. "For two partners, if one works and the other one doesn't work, they would be a tax code dependent." He added that "you can have a situation where somebody is dependent for health care purposes but not for general tax purposes.… There is no cap really to the 50 percent [level] of support. It is not really well-defined in the tax code what that support is other than it is living expenses," a situation that may apply when there is significant income disparity between two individuals.

Todd Solomon was featured in a February 2010 story in the Chicago Bar Foundation’s Guardians of Justice newsletter concerning the pro bono support that a team of 10 McDermott lawyers is providing to the AIDS Legal Council of Chicago (ALCC). Mr. Solomon and his team joined with the Nonprofit Legal Assessment Program to assist the ALCC with a wide range of legal issues. Mr. Solomon described the program as “uniquely successful,” in that it gives the McDermott lawyers “in-area” pro bono experience with their practice areas. As a result of the program, McDermott attorneys now take on pro bono cases from ALCC, the Firm has increased financial sponsorship, and Mr. Solomon has joined the board of directors.

Todd Solomon was quoted in the January/February issue of Diversity & the Bar concerning the legal issues involving domestic partner benefits. “If there are any large employers who have not yet been asked about same-sex spousal benefits, they soon will be,” Mr. Solomon predicted. However, since private employers are not required to extend benefits to same-sex spouses under federal law, Mr. Solomon advised that employees need to approach domestic partner benefits as a human-resources or policy matter. “Employees need to appeal to the fair-mindedness of their employer,” he stated. “Legally, an employee’s only viable remedy is a lawsuit for sexual orientation discrimination, which isn’t actionable yet under federal law, but that could change; the Employment Non-Discrimination Act has been proposed for some time, and is better poised to pass in today’s political climate.”

2009

Todd Solomon spoke on December 31 to CCH Federal Tax Weekly regarding Senate committee approval of a bill to provide domestic partner benefits to federal employees. Saying that if the bill became law it “would represent a dramatic sea change and would signal that the prevalence of domestic partner benefits in corporate America has spread to all levels of the public sector,” Mr. Solomon noted that, “contrary to the minimal domestic partner benefits provided to certain government employees earlier this year, this law would provide full benefits, including retirement and pension benefits, to the domestic partners of all employees.” He added that the federal Defense of Marriage Act would require the federal government to tax employees on the value of health benefits provided to domestic partners, just as private sector employers must do.

Todd Solomon was quoted on November 5 by Standard Federal Tax Reports on the domestic partner provisions of The Affordable Health Care for America act expected to be passed by the House of Representatives. The bill would extend the current exclusion for employer-provided health coverage to domestic partners and other persons eligible for coverage under the employers plan, eliminating the current treatment of domestic partner benefits as taxable income. “In addition to providing welcome relief from a significant tax burden on employees and their domestic partners,” Mr. Solomon said, “this proposal would greatly reduce an employer’s administrative burden associated with running a domestic partner benefits program as well as an employer’s payroll taxes.”

Todd Solomon was cited in an October 3 New York Times story on the long-term additional cost that gay couples face for health care and medical benefits. With regard to the tax implications of domestic partner benefit coverage, Mr. Solomon noted that a nondependent partner’s coverage is taxable income, and that pre-tax dollars cannot be used to pay the premiums for coverage.

Lisa Linsky was cited in the August 13 issue of New York Lawyer for being named diversity liaison to the lesbian, gay, bisexual and transsexual community for the board of the National Association of Women Lawyers.

Andrea Kramer was quoted in a WomenLegal Magazine (June – August 2009) story that presented comments by participants in the publication’s 2009 forum discussion among gender diversity thought leaders. Ms. Kramer, chair of McDermott’s Gender Diversity Committee, urged women lawyers to be more forceful in communicating what they have achieved with their firms. She noted that as a Compensation Committee member, “I read several thousand self-evaluations. But it didn’t take me long to notice a pattern. After reading a handful of self-evaluations, I saw that too many women were reticent to claim credit for their accomplishments. Most men weren’t.”

Arnold Pamplona was quoted in a June 18 Reuters dispatch concerning the Philippine American Bar Association’s stance on same-sex marriage in California. Mr. Pamplona is President of the Association, and he said the organization at first found it difficult to endorse same-sex marriage “because being Filipino American, the great majority of our members are Roman Catholic.” However, the organization has come to support the concept because of past discrimination against the Filipino community. “Until not too long ago it was illegal for Filipinos and whites to marry,” Mr. Pamplona said, “and a lot of our board members are married to Caucasians.”

Lisa Linsky is quoted in Transgender Issues in the Workplace concerning McDermott's inclusive policy toward transgender persons. "If we were going to create a culture that was committed to inclusion and equality, we had to expand our policies to include protections for employees based on gender expression and identity as well as sexual orientation," Ms. Linsky stated, adding "it was not a hard sell at our firm. There was a willingness to look at transgender workplace issues and acknowledge that this is the right thing to do." She noted that "law firms are increasingly paying attention to issues involving sexual orientation and gender expression and identity in the workplace," because "transgender workers bring the sort of diversity of opinions and creative problem-solving skills that clients want from their legal providers." To view the publication click here.

Todd Solomon assessed in Echelon Magazine on June 6 the effect of the California Supreme Court decision upholding the Proposition 8 ban on gay marriage in California. The Court unanimously ruled that such marriages already performed were valid under California law, and Mr. Solomon wrote that, "In deciding so, the Court concluded that there was insufficient evidence that voters intended for Proposition 8 to have a retroactive effect." He also noted that, "Despite the significant loss of the right to marry, same-sex couples in California can still obtain the same legal rights and protections as spouses by entering into domestic partnerships. California enacted a domestic partnership law in 1999; this law remained in effect throughout the short-lived legalization of same-sex marriage." To view the entire article click here.

Lisa Linsky, Todd Solomon and Brian Tiemann are quoted in a June 2009 Chicago Lawyer article on diversity that includes McDermott's strong commitment to inclusiveness of lawyers regardless of their sexual orientation. Ms. Linsky noted that the Firm's 100 percent score from the Human Rights Campaign for workplace equality and inclusion of LGBT individuals "demonstrat[es] that we are mirroring our commitment to LGBT diversity much like our clients and prospective clients are." Mr. Solomon also emphasized that "the Firm is supportive of diversity," citing its sponsorship of and presence at Lavender Law recruiting events for LGBT law students. Mr. Tiemann described his recruitment for McDermott through Lavender Law, adding that the Firm's participation in the event offers assurance "indicating that they promote diversity and that diversity for LGBT lawyers is important to them."

Todd Solomon discussed in Echelon Magazine (May 26) the California Supreme Court's upholding of the Proposition 8 ban on same-sex marriage. "Despite the loss of the right to marry, the impact for same-sex couples may not be that significant since California law still permits same-sex couples to register as domestic partners and receive all of the legal rights and protections of marriage but without the title," Mr. Solomon noted. He added that "the most significant impact" of the ruling "may be felt by couples who would have married in California and had their relationship recognized by one of the five states where same-sex marriage is legal."

Lisa Linsky was cited in Diversity & The Bar (May/June 2009) for her appointment to lead McDermott's diversity initiatives and programs as first partner-in-charge of firm-wide diversity. The article noted that Ms. Linsky created and has chaired McDermott's innovative Lesbian, Gay, Bisexual, and Transgender (LGBT) Diversity Committee since 2006, and will continue to do so.

Lisa Linsky was quoted in an April 24 story in Echelon Magazine about McDermott's successful pro bono effort, in conjunction with Lambda Legal, to reverse the Social Security Administration's denial of insurance benefits to the children of a disabled gay father who had fulfilled all prerequisites for the benefits. Noting that a number of McDermott Trial and Employee Benefits lawyers had participated in the effort as part of the Firm's commitment to pro bono and diversity, Ms. Linsky said that the Social Security Administration's reversal "validated fundamental principles of law and public policy," and that it "confirms the rights of all parents and children, regardless of the parents' sexual orientation." Other McDermott lawyers on the team included Amy Gordon, Elizabeth Philpott and Todd Solomon.

Lisa A. Linsky was mentioned on February 25 by Echelon Magazine regarding her appointment as McDermott Will & Emery's first partner-in-charge of firm-wide diversity. Ms. Linsky created and has chaired McDermott's innovative Lesbian, Gay, Bisexual and Transgender (LGBT) Diversity Committee since 2006, and will continue to do so. To view the entire article click here.

2008

Amandeep Sidhu is quoted in a December 2008 Virginia Lawyer article about diversity in the Virginia Bar. Mr. Sidhu was a teenager living in Virginia when he began wearing a turban as a symbol that he had adopted the Sikh faith, and he has continued to do so as a practicing lawyer. He states that a Sikh American "may feel at a young age, 'How could I possibly practice law wearing the turban?'" But having learned to carry himself with "confidence and strength," he believes that "there is nothing that can stop me from doing what I want to do. I'm able to feel comfortable in my skin." Mr. Sidhu and his wife live in Washington, DC.

Vera M. Elson was quoted in the October 31 issue of The Recorder in an article regarding young women lawyers who want to make partner and the importance mentoring plays in helping them to become successful. Ms. Elson noted that it is important that women be proactive, identifying their needs and then seeking out mentors who can teach them what they want to learn. "Seek out the person you want to emulate, and then team up with them," she said.

Lisa A. Linsky was mentioned in the October 20 issue of the Legal Times in an article regarding law firms' extension of benefits to gay and lesbian employees. Many law firms have established diversity committees, take part in specialized recruitment fairs and extend employee benefits, including medical coverage and survivor pension benefits, to same-sex partners and their children. Ms. Linsky, chair of McDermott's LGBT committee, noted that firms have created programs that appeal to gay and lesbian lawyers because they "are represented among the top talent in the country and we want to attract them." She added that "a large component is that this is the right thing to do."

Karla L. Palmer was quoted in the October 5 issue of The Washington Post Magazine in an article regarding the improvement of the work/life balance for women in the legal profession. Ms. Palmer became an equity partner with the Firm despite her decision to opt for a reduced schedule. "They said, 'You can do whatever you want, work whatever schedule you want,'" she noted, which allowed her to keep working after having her second child.

Susan M. Cooke was quoted in the August 22 issue of the Boston Business Journal in an article regarding the difficulties faced by women lawyers who want to become partners in large law firms. Ms. Cooke noted that the balance of career and family is the main stumbling block for female lawyers. "What is particularly difficult is that the years of parenthood are oftentimes the most demanding part of your career in terms of sheer hours," she said.

Todd Solomon was quoted in the July issue of HealthLeaders InterStudy California Health Plan Analysis on how health insurers haven't seen much effect from gay marriage. "If the health plan is not real clear about how it defines spouse and which spouses it intended to cover, it may very well cover that spouse," Mr. Solomon said. "Whereas, if it were domestic partner, I think it would be much clearer; either the plan covers domestic partners, or it doesn't. So I think the burden is on employers to define what they mean by spouse now," he added.

Lisa A. Linsky was quoted in the June 27 issue of the New York Law Journal in an article regarding a suit against the federal government on behalf of Gary Day, a disabled gay father whose requests for financial assistance for his two children have been repeatedly ignored. Ms. Linsky, Todd A. Solomon, Amy M. Gordon, Daniel A. Mullen and Robin L. Zimmerly have teamed with Lambda Legal to represent Mr. Day in the case. Ms. Linsky noted that Mr. Day and his children "meet all the requirements that the agency needs to provide benefits" and that the Social Security Administration's delayed response "is unwarranted and prejudicial" and "constitutes blatant discrimination."

Todd Solomon was mentioned in the June 27 issue of the New York Law Journal in an article regarding a suit against the federal government on behalf of Gary Day, a disabled gay father whose requests for financial assistance for his two children have been repeatedly ignored. Mr. Solomon was part of the McDermott team that teamed with Lambda Legal to represent Mr. Day in the case.

Todd Solomon was mentioned in the June 25 issue of the Windy City Times in an article regarding the recent Citywide Pride event hosted by Merrill Lynch and McDermott Will & Emery. The article discusses Mr. Solomon's presentation and his helpful hints for employers about domestic partner benefits. Mr. Solomon is also looking forward to possibly having civil unions in Illinois. Although it won't have an impact on federal benefits, it will clue more local companies into the needs of their LGBT employees. "It will do a lot for bringing this higher up on the radar screen for Illinois companies," Mr. Solomon said. "It will continue to bring attention to the issue."

Lisa A. Linsky was quoted in the June 10 issue of The Legal Intelligencer in an article regarding how summer associates can make the most of their experiences. Ms. Linsky noted that summer associates provide a fresh perspective that is both appreciated and welcome at McDermott. She started the Firm's LGBT Diversity Committee in response to summer associates' questions about whether the Firm had gay attorneys with whom students could speak about sexual orientation issues. "The committee has completely enhanced the culture of the Firm, and the collegiality of the attorneys and staff," she said. "This is the sort of opportunity that connects you and roots you to a firm. It enables you to establish relationships with colleagues from all over the world, not just your home office," she added.

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