Orrick Files Class Action Lawsuit Seeking Phone Access for Asylum-Seekers in Border Facilities

May.06.2020

An Orrick pro bono team has filed a class action lawsuit in New Mexico federal court to force the Immigration and Customs Enforcement agency to provide legally-required phone access for individuals detained in immigration custody in the El Paso-Otero region, where ICE officials have repeatedly denied detained individuals the right to free, confidential calls with their lawyers.

The complaint seeks to ensure that legal calls can take place in a way that is safe and free for detained individuals in the region. Orrick partnered on the complaint with the Immigration Justice Campaign, whose volunteer attorneys have faced persistent problems contacting clients since last fall.

The litigation seeks immediate action by ICE to mitigate these issues, which amid the COVID-19 crisis are more pressing than ever for those seeking relief in the immigration system. The complaint states that ICE’s practices “severely restrict their abilities to make telephone calls necessary to consult with or obtain counsel, to gather information and evidence necessary for their cases, and to obtain fair hearings while in civil, immigration custody.”

The complaint and background on the lawsuit can be found here.

The Orrick team is led by partner Dave Hosp, pro bono counsel Rene Kathawala, and associates Paige Pavone and Lauren Allen.

Related Lawyers

R. David Hosp Partner, Intellectual Property, Trademark, Copyright & Media

Boston; New York

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D:+1 617 880 1886
E: [email protected]

Practice:

Intellectual Property
Trademark, Copyright & Media
Trade Secrets Litigation
U.S. International Trade Commission

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R. David Hosp Partner

Boston; New York

David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.
Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:

Represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse. That case was cited by IP Law360 as the top trademark ruling of 2016;
Served as Aereo’s lead trial counsel in the successful defense in the district court (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)). The case was ultimately decided by the Supreme Court on an issue of first impression in 2015;
Represented Cablevision at the district court in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008).
Served as lead trial counsel for Triumph Learning in the successful defense of trademark claims in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and successfully defended that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) in a decision that established a new standard for “fame” in trademark dilution cases.
Served as lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial.
Served as lead trial counsel in successful defense of his client Recorded Books against trademark and copyright claims in Brilliance Audio v. Haights Cross Communications, which established new law with respect to the first sale doctrine, and successfully defended that result before the Sixth Circuit (474 F.3d 365 (6th Cir. 2007)).
As a senior associate, served as a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

In 2013, The Hollywood Reporter included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center and Boston College Law School.

Rene Kathawala Pro Bono Counsel

New York

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D:+1 212 506 5100
E: [email protected]

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Rene Kathawala Pro Bono Counsel

New York

Rene works with other pro bono counsel and legal services nonprofits to increase the quantity and quality of pro bono representation that is being provided to indigent clients in each of the cities worldwide where Orrick has a presence. In addition, he supervises and directly works on cases in such diverse areas as immigration law, family and matrimonial law, housing law, public benefits law, employment law counseling, impact litigation and nonprofit advice and counseling. Rene has worked on many substantial matters in the federal and state systems over his career that are reported as precedent. He also works with firm attorneys to strengthen the firm's innovative Impact Finance and Social Enterprise team that he founded and that provides representation in diverse transactional areas to nonprofit, for profit and hybrid organizations dedicated to providing basic services to poor persons around the world in areas including microfinance, water, education, energy, housing and health.

Based on his long-standing commitment to access to justice issues, Rene has been appointed to serve as a member of the New York City Bar Association Right to Counsel Task Force and the New York City Bar Association Family Court Judicial Appointment & Assignment Process Work Group. In recognition of his exemplary work in family law, United States District Judge Bloom appointed Rene as a special master in a federal court family law matter in 2014 in the Eastern District of New York in case number 07-cv-02565-ARR-LB, styled Garmhausen et al v. United States Department of Justice et al.