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Annual Report 2010 - Impact Fund

C O N T E N T SExecutive Director Report ------------------ 3GrantsAwards ----------------------------------------------- 4Victories --------------------------------------------- 7Litigation --------------------------------------------------- 9Education & Support --------------------------12Contributors --------------------------------------------14Other News ------------------------------------------16Financial Report -----------------------------------172I m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

From the Executive Directore x e c U T I V E d I R E c T O R R E P O R TI am delighted to report that the Impact Fund completed asuccessful leadership transition this year. With the full support ofthe organization’s Board, our founder and Executive Director, BradSeligman, turned over responsibility for the day-to-day operations tome and has now focused his full attention on the strategic managementof our litigation efforts.After more than ten years with the Impact Fund, I take on the positionof Executive Director with a deep commitment and respect for Brad’svision and for the mission of the Impact Fund. Our grant program —unlike that of any other foundation — provides funding for out-ofpocket expenses in social justice cases that will make a difference.In our 17-year history, over 300 organizations and firms have usedour grants to bring impact cases around the country.But, as this year’s Annual Report demonstrates, the grants are only oneaspect of our strategy. We provide direct and amicus representation ina small — but significant — group of civil rights class actions. Throughour training programs, we prepare a new generation of public interestlawyers with the skills to master the complexities of impact litigation.This three-pronged approach magnifies our overall impact.As I write, our historic gender discrimination class action againstWal-Mart — filed in 2001 shortly after I joined the Impact Fund —heads to the United States Supreme Court on the company’s appeal.Once over this last hurdle, we are hopeful that the women will soonget their long-delayed day in court. Stay tuned.I am grateful for the support that I have received already from theImpact Fund community — staff, supporters, and colleagues aroundthe country. I look forward to writing the next chapter in the historyof this wonderful organization.Jocelyn D. LarkinExecutive Director3S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Grants Awarded 2009-2010G R A N T S AwA R d e dJuly 1, 2009 - June 30, 2010 Total Amount Awarded: $272,500Environmental Justice - $82,000Alaska Eskimo Whaling Commissionv. SalazarApplicant: Crag Law CenterAmount: $12,000A challenge to offshore drilling proposals whichthreaten the Inupiat peoples’ natural resources.Proceedings to Oppose ColoradoSprings Utilities’ Proposed SouthernDelivery System ProjectApplicant: Santarella & Eckert, LLCAmount: $10,000A challenge to Colorado Springs Utilities’proposed water pipeline project that wouldrelease effluent into creek and water basinused by low-income people of color.Frank J. Babbin v. Energy FacilitiesSiting BoardApplicant: Alternatives forCommunity & EnvironmentAmount: $5,000An effort to stop construction of a powerplant in Brockton, Massachusetts in theabsence of environmental justice review.Hinton v. City of LauderdaleApplicant: Legal Aid Serviceof Broward County, Inc.Amount: $10,000*Mass tort action against city for toxicexposure from waste dump and incinerator.* Grantee opted not to accept grantBaugo North Neighborhood Groupv. VIM Recycling, Inc.Applicant: Legal Environmental AidFoundation of Indiana, Inc.Amount: $15,000A challenge to recycler’s repeated solidwaste violations under federal ResourceConservation and Recovery Act.Blue Ridge Environmental Defense Leaguev. Commonwealth of VirginiaApplicant: Blue Ridge EnvironmentalDefense League, Inc.Amount: $10,000A challenge to permit for nuclear power plant thatviolates the Clean Water Act in Dominion, Virginia.In the Matter of Powertech, Inc. Before theU.S. Nuclear Regulatory CommissionApplicant: Western Mining ProjectAmount: $10,000A challenge to uranium mining project in BlackHills, South Dakota that relied upon “generic”environmental impact statement.New Hill Community Associationv. North Carolina Department ofEnvironmental and Natural ResourcesApplicant: Southern Coalition for Social JusticeAmount: $10,000A challenge to stop the building of a sewagetreatment plant in New Hill, North Carolina,a predominantly African-American and lowincomeneighborhood.Human & Civil Rights - $141,500G.R. v. Susan DreyfussApplicant: Disability Rights WashingtonAmount: $10,000A challenge to legislation that grants theSecretary of the Washington State Departmentof Social and Health Services authority totransfer not-guilty by reason of insanity patientsfrom the state psychiatric hospitals to prison.Protection and Advocacy for People withDisabilities v. South Carolina Departmentof Disabilities and Special NeedsApplicant: Protection and Advocacy for Peoplewith Disabilities, Inc.Amount: $5,000A challenge to the failure of the Department ofDisabilities and Special Needs to comply withthe state Administrative Procedures Act.4I m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

Grants Awarded 2009-2010Colbert v. QuinnApplicant: Access Living of MetropolitanAmount: $15,000A proposed action against state officials onbehalf of Cook County nursing home residentsdenied community placements.Metropolitan Milwaukee Area Chamberof Commerce v. City of MilwaukeeApplicant: 9 to 5Amount: $12,500A defense of Milwaukee’s recently passedreferendum granting paid sick days to workers.Disability Law Center v. MassachusettsDepartment of CorrectionApplicant: Massachusetts CorrectionalLegal ServicesAmount: $12,500A lawsuit seeking to prohibit the StateDepartment of Correction from confiningprisoners with serious mental disorders insegregation units.North Carolina Racial Justice ActStudy ProjectApplicant: Michigan State UniversityCollege of LawAmount: $12,500This project will produce a litigationreadystudy that is a prerequisite to the fullimplementation of the North Carolina RacialJustice Act.We truly appreciate the time you tookto help us strategize about classcertification and mootness issues, andto help prepare us for the Ninth Circuitargument on class certification.We are very grateful for your consistentresponsiveness to our calls and e-mailsand the wise counsel you gave us.– John F. O’Toole, Director,National Center for Youth LawGriego v. New Mexico Workers’Compensation CommissionApplicant: New Mexico Centeron Law and PovertyAmount: $12,500A claim that the statutory exclusion offarm and ranch laborers from the Worker’sCompensation Act violates the equal protectionclause of the New Mexico Constitution.Montana Fair Housing, Inc.v. City of BozemanApplicant: Montana Fair Housing, Inc.Amount: $10,000A case against the City of Bozeman foradopting an ordinance that has a disparateimpact on persons with disabilities and familieswith children.Reynoso Video ProjectApplicant: Ginzberg Video ProductionsAmount: $7,500Special project detailing the life of JusticeCruz Reynoso.Lock v. Texas Department ofCriminal JusticeApplicant: Texas Civil Rights ProjectAmount: $5,000A class action suit challenging the prisonsystem’s lack of interpreter services for all deafwomen inmates.Guatemala Impunity ProjectApplicant: Guatemala Human Rights ProjectAmount: $4,000Challenge to Guatemalan Army human rightsabuses in the Inter-American Court of theOrganization of American States.Lobato v. State of ColoradoApplicant: Children’s Voices, Inc.Amount: $10,000An action to challenge constitutionality ofColorado’s school financing system underthat state’s constitution.5S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Grants Awarded 2009-2010Collins v. ReishApplicant: Pennsylvania InstitutionalLaw ProjectAmount: $10,000A challenge to conditions inNorthumberland County Prisonin Pennsylvania.Potential San Joaquin ValleyVoting Rights CaseApplicant: Lawyers’ Committee forCivil Rights of the San Francisco Bay AreaAmount: $10,000An investigation of at-large election districtsprimarily in San Joaquin Valley for potentialvoting rights cases.Protection of Native AmericanCoastal LandsApplicant: Alexander, Berkey, Williams& Weathers LLPAmount: $5,000A challenge to a state environmental regulationthat would prohibit traditional fishing andrelated activities of Kashia Indian people.Poverty - $49,000Alim v. CookstonApplicant: Law Office of Peter GoselinAmount: $7,500A wage claim against a network of limitedliability companies operating Domino’sPizza franchises.Unity Service Coordination v. RichardArmstrong and Leslie ClementsApplicant: Herzfeld & Piotrowski, LLPAmount: $10,000A case requesting the restoration ofcuts to reimbursement rates that arethreatening the loss of access to Medicaidfor developmentally disabled poor.Lowe v. South Delta Regional HousingAuthority and A.J. JeffersonApplicant: Mississippi Center for JusticeAmount: $7,500A challenge to the rent increase issued by theSouth Delta Regional Housing Authority.Guillen v. OchoaApplicant: Eastern Carolina Immigrants’Rights ProjectAmount: $4,000A case against notarios for unfair and deceptivetrade practices and negligence based on theirunauthorized practice of law.Ana Pineda v. Ki Seok ChaApplicant: The Wage Justice CenterAmount: $10,000An action to collect wages on behalf ofjanitorial workers who were paid less thanminimum wage and denied overtime.Colibri Workers for Rights and Justicev. Founders EquityApplicant: Fuerza LaboralAmount: $10,000WARN Act case on behalf of Rhode Islandworkers who have been laid off without notice.We could not have pursued the Canuppcase without your generous support.The Impact Fund was one of the very feworganizations which had the courage tosupport a challenge to the inadequacy oftreatment provided to involuntarily andindefinitely civilly-committed sex offenders.– Christopher M. Jones,Florida Institutional Legal Services, Inc.6I m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

Grant Victories 2009-2010G R A N T V I C T O R I E SThe Justice Center greatly appreciates the supportof the Impact Fund, which has made it possible toobtain the needed services of an expert energyeconomist. The Impact Fund’s grant has made asignificant difference in our ability to represent ourclients in this case and advocate on their behalf.– Jack Holtzman, North Carolina Justice CenterHuman & Civil RightsCamden & Southern Burlington Counties NAACP v. Washington Township– Fair Share Housing Center, Cherry Hill, NJ: The Fair Share Housing Centersuccessfully challenged a practice used by wealthy suburban towns in NewJersey to pay poorer communities to assume a portion of the suburban towns’affordable housing share. Following successful court challenges by theCenter, the New Jersey legislature abolished the use of these RegionalContribution Agreements in June 2008.Avitia v. Tulare Local Healthcare District – Seattle University School of Law,Shoreline, WA: This grant funded a challenge, on behalf of Latino voters,to the at-large voting system used in the Tulare Local Healthcare District’selections. On the eve of trial, the case settled with an injunction against theupcoming election and an agreement that the district election proposal willbe placed on the ballot next year.Kashia Band of Pomo Indians Representation – Alexander, Berkey, Williams& Weathers, LLP, Berkeley, CA: A challenge to a state environmentregulation that would prohibit traditional fishing and related activities ofthe Kashia Indian people on California’s Sonoma Coast. On June 23, 2010,the California Fish and Game Commission adopted the Kashia Tribe’sproposal to protect Tribal cultural areas and traditional uses of coastal landsand amended its regulation.Discrimination Challenge to Transportation Security Administration HiringExam – Asian Law Caucus, San Francisco, CA: A challenge to the use ofa hiring test for airport screeners that had an adverse impact on Filipinoworkers. The Asian Law Caucus and private firm Goldstein, Demchak,Baller, Borgen & Dardarian successfully helped 18 former Bay Area airportscreeners resolve their claims against the testing company through theEEOC’s conciliation process.Kashia Tribal members learningthe traditional ways to fish atStewarts Point, or Danáka, onthe Northern California coast.7S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Grant VictoriesOrantes-Hernandez v. Holder – National Immigration Law Center, Los Angeles, CA: The grant fundedefforts to defend an existing injunction, which has, since 1988, protected the rights of Salvadoransdetained by immigration authorities. The district court denied the government’s motion to dissolvethe injunction, thereby continuing the protections for the detainees’ due process and statutory rights.Pelt v. Utah – Utah Native American Legal Foundation, Inc., Salt Lake City, UT: A challenge to Utah’sdiversion to other purposes of oil and gas royalties, which the state was supposed to hold in trust forthe Navajo in San Juan County, Utah. A settlement was reached on July 14, 2010, in which the Stateof Utah agreed to reimburse the trust $33 million over four years.Environmental JusticeIn re Light Brown Apple Moth Eradication Program – California Alliance to Stop the Spray,Santa Cruz, CA: A challenge to proposed aerial spraying of untested pesticides over residential areasin eleven counties in California. On June 19, 2008, the California Department of Food and Agricultureand United States Department of Agriculture announced its intention to abandon the aerial sprayingprogram.The Community of Cleveland, NM v. Sangre de Cristo Gravel Products, LLC – The Communityof Cleveland, NM, Cleveland, New Mexico: This case challenged the issuance of an air qualitypermit for the operation of the Ramon Romero open gravel pit in a poor Hispanic community.The company has since withdrawn its application, and the New Mexico Environment Departmentaccordingly rescinded the permit.PovertyMartinez, et al. v Combs – California Rural Legal Assistance, San Francisco,CA: California SupremeCourt rejected both the lower courts’ use of the federal “economic reality” test and the argumentthat the common-law employment relationship controlled California wage-and-hour law, adoptinginstead an expanded definition of “employer.”8Carter v. Commissioner of the New Hampshire Dept. of Health and Human Services – New HampshireLegal Assistance, Manchester, NH: A challenge to the Department’s delays in approving the Medicaidapplications of poor residents withdisabilities. When the case was filed,the named Plaintiffs had waited closeto a year for Medicaid eligibilitydecisions. As a result of the litigation,the class obtained broad injunctiverelief, reforming the Department’spractices: the state Medicaid office isnow deciding applications in 90 days.The grants allowed plaintiffs to continuethe fight. This case was taken by solo practiceattorneys with minimal resources on behalf of animpoverished group who had been grossly wrongedby the State of Utah for 30+ years. These grantscame at an important time and made a greatdifference in the results of this case.– John Pace, Utah Native American Legal Foundation, Inc.I m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

LitigationDarensburg v. Metropolitan Transportation Commission – United States Court of Appeals for theNinth Circuit. This case, brought on behalf of low-income minority transit riders, alleges that fundingdecisions for East Bay transit have a discriminatory adverse impact. The Impact Fund, on behalf of 15civil rights organizations, argued on appeal that the district court improperly applied a ‘watered down’standard for defenses to adverse impact claims under Cal. Government Code § 11135. The NinthCircuit has not yet ruled on the appeal.King v. City and County of San Francisco – San Francisco Superior Court. The Impact Fund joinedthe Legal Aid Society – Employment Law Center in objecting to a class action settlement of disabilityaccess claims against San Francisco. The proposed settlement would have waived the statutory claimsof class members, without providing adequate injunctive relief or notice. In June, the superior courtagreed and rejected the proposed settlement.Lewis v. City of Chicago – Supreme Court of the United States. In a marathon ten-year fight, blackChicago firefighters successfully challenged a hiring examination used by the city that unjustlydiscriminated against them. Despite the trial court victory, the Seventh Circuit reversed, concludingthat the firefighters’ claims were untimely because they needed to challenge the test as soon as theylearned of their individual results, not when the scores were actually used for hiring. The Impact Fundjoined many civil rights groups in an amicus brief asking the high court to correct the ruling. In May,the Supreme Court handed the firefighters a victory, concluding that their claims of disparate impactaccrued when the test was “used,” not when the results were announced.Roby v. McKesson HBOC – Supreme Court of California. The Impact Fund joined an amicus briefarguing that the high court should uphold the jury verdict for disability harassment based uponmanagerial conduct. In November 2009, the California Supreme Court affirmed the verdict.Legislative & Administrative AdvocacyLast year’s U.S. Supreme Court decision in Ashcroft v. Iqbal, in which the high court upended 70years of federal pleading standards, has received harsh criticism from academics and advocatesand has prompted calls for action in Congress and at the Federal Advisory Committee on CivilRules. The Impact Fund has been actively participating in efforts to protect the ability of civil rightslitigants to bring their cases in federal courts. Jocelyn Larkin spoke on a pleading standards panel atthe Duke Conference sponsored by the Advisory Committee on Civil Rules in May and is a memberof the ABA Task Force on Federal Pleading Standards.In Sacramento, the Impact Fund has advocated for legislation to strengthen state law regulatingcy pres distribution of unclaimed funds in class action settlements. Cy pres can be an important sourceof funding for nonprofits and legal services organizations in these difficult economic times.11S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Training Programs and PublicationT R A I N I N G P R O G R a m s A N d P U b L I c A T I O N SThe Impact Fund provides practical training on impact litigation issues for students and lawyers,with discounted admission for attorneys employed by nonprofit legal services providers. This hasbeen a particularly active year for our training program.Class Action Training InstituteThe Impact Fund presented its highly successfulClass Action Training Institute in San Franciscoagain this year. This intensive, interactive three-dayprogram provides in-depth training for 20 attorneysin the practical and strategic aspects of a publicinterest class action. University of California, HastingsCollege of the Law co-sponsored the May 2010program. The students shared an inspiring eveningwith Alameda County Superior Court Judge JohnTrue. They also had an opportunity to hear froma named plaintiff in a race discrimination classaction, who recounted his experiences of the oftendifficult process of representing a class of workersin a class action lawsuit. The program closed witha mock mediation session, overseen by mediatorMichael Loeb, which was a tremendous learningexperience.May 2010 Training Institute ClassEmployment Discrimination ClassAction ConferenceThe Impact Fund convened its Eighth Annual Employment Discrimination Class Action Conferenceon February 25 and 26, 2010 in Oakland. Over 110 private and nonprofit employment discriminationlawyers attended the conference, which featured programs on recent case and legislative developments,disparate impact and age discrimination class actions, the Iqbal case, and working with federalagencies in the Obama administration. To ensure that the conference represented all key players inthe practice area, the Impact Fund subsidized travel and conference expenses for all nonprofit attendeeswith the help of more than 17 law firm and class action administration firm sponsors.Training the Next GenerationCentral to our mission is the goal of training a new generation in the art and science of impactlitigation. To further that goal, the Impact Fund continued its popular webinar training series, whichseeks to meet the needs of busy legal services programs with limited budgets for travel and training.A webinar training allows a practitioner to log on and attend an Internet-based training program fromhis or her desk. This year, the series featured programs on attorneys’ fees basics, the Ninth Circuit’s enbanc decision in Dukes v. Wal-Mart Stores, Inc., and recent developments in unfair competition lawand the Private Attorney General Act (PAGA).12I m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

Training Programs and PublicationThe Impact Fund staff lent its training expertise to assist with a wide range of programs sponsored byother organizations as well. Jocelyn Larkin presented programs for the Rutter Group and the NationalEmployment Lawyers Association on implicit bias.She also repeated her popular brief writing training program for a number of organizations, includingthe Law Foundation of Silicon Valley, Equal Justice Works and Legal Services of Northern California.She partnered with Richard Rothschild of the Western Center on Law and Poverty to provide trainingon attorneys’ fees law in four sessions around the state facilitated by the Legal Aid Association ofCalifornia. Brad Seligman presented Pre-Litigation and Litigation Basics for the Equal Justice Worksfellows and a webinar on Dukes v. Wal-Mart Stores, Inc. for the American Bar Association.Jocelyn Larkin co-authored an article on California class actions with Mark Chavez and Fred Alvarez,entitled “Litigating on the Fault Line: Class Action Law in California,” which was presented at theABA National Class Action Institute; the article was reprinted in the CADS Report (ABA Section ofLitigation, Winter 2010).C l a s s A c t i o n D r e a m C o m e Tr u eAfter attending the June 2008 Class Action Training Institute, disability rights attorney Chris Douglas ofLegal Aid Society of San Mateo County was able to immediately translate the Institute’s coursework intopractice just a few short months later, filing his “dream class action” in October 2008 against the SocialSecurity Administration (SSA). In less than two years, Douglas helped to usher in a landmark settlementestimated at $700 million for the benefit of roughly 200,000 disabled and older adults nationwide, aswell as a substantive change to the challenged SSA “fleeing felony” policy. Douglas had “left the Instituteinspired by Brad, Jocelyn and the other instructors that systemic change was possible” and reflected that“[t]o have accomplished that less than two years later is still surreal.”Named plaintiff Rosa Martinez approached Douglas at Legal Aid around Christmas 2007 because shehad been wrongfully cut off from her Supplemental Security Income benefits (SSI). The SSA had appliedits “fleeing felon” policy, a 1996 law which prohibits payment of benefits to persons who are “fleeingto avoid prosecution” of a felony, alleging that there was an outstandingwarrant for a 1980 drug felony in Florida in Martinez’s name. Martinez,however, had never even traveled to Florida. In assisting Martinez appealher termination of benefits, Douglas recognized that she had been yetanother victim of the SSA’s overbroad policy.Chris Douglas and his client,Rosa MartinezAfter Douglas consulted with the National Senior Citizens Law Centerfor guidance, the Center’s attorneys assembled a coalition of nonprofits,including Disability Rights California and Urban Justice Center, and theprivate law firm of Munger, Tolles and Olsen to challenge the “fleeingfelony” policy. The team of attorneys is now monitoring the implementationof the settlement and helping to get the word out to potential class membersthrough a variety of media events.13S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Contributors 2009-2010T H A N K Y O U T O O U R C O N T R I B U T O R S !14Foundation GrantsLegal Services Trust Fund Programof the State Bar of Californiavan Löben Sels/RembeRockFoundationCy Pres AwardsLaw Offices of Michael L. CarverHadsell Stormer Keeny Richardson& Renick LLPKnox Lemmon Anapolsky &Schrimp, LLPLeonard Carder, LLPLevy, Stern, Ford & WallachLitt, Estuar & Kitson, LLPMurray & Howard LLPSaveri & Saveri, Inc.Maurice & Jane Sugar Law Centerfor Economic and Social JusticeEqual Justice Works FellowFenwick & West LLPKazan, McClain, Abrams, Fernandez,Lyons, Greenwood, Harley &Oberman Foundation, Inc.Employment DiscriminationClass Action ConferenceAnonymousAltshuler Berzon LLPBerger & Montague, P.C.Cohen Milstein Sellers & Toll PLLCGilardi & Co. LLCGoldstein, Demchak, Baller, Borgen& DardarianKurtzman Carson Consultants LLCLewis, Feinberg, Lee, Renaker& Jackson P.C.Mehri & Skalet, PLLCMinami Tamaki LLPOutten & Golden LLPSanford Wittels & Heisler LLPSchneider Wallace Cottrell BraytonKonecky LLPSprenger + Lang, PLLCStowell & Friedman, Ltd.Settlement Services, Inc.Champions ($10,000+)Quinn Delaney and Wayne JordanGoldstein, Demchak, Baller, Borgen& DardarianStephen M. Silberstein FoundationStowell & Friedman, Ltd.Benefactors($5,000-$9,999)Chavez & Gertler LLPCohen Milstein Sellers & Toll PLLCGilardi & Co. LLCAmanda HawesKeker & Van Nest LLPMark KleimanLewis, Feinberg, Lee, Renaker& Jackson, P.C.Outten & Golden LLPGregg and Laura PerloffRobbins Geller Rudman & Dowd LLPPatrons ($3,000-$4,999)AnonymousJules Bernstein and Linda LipsettDavis, Cowell & Bowe, LLPHadsell Stormer Keeny Richardson& Renick, LLPKerr & Wagstaffe, LLPArlene MayersonRosen, Bien & Galvan, LLPRudy, Exelrod, Zieff & Lowe, LLPSharon VinickSponsors ($1,000-$2,999)AnonymousSilvia ArguetaBoxer & Gerson, LLPCalifornia Rural Legal Assistance, Inc.Linda DardarianTeresa DemchakGeraldine Dreyfuss Memorial FundJon EisenbergEisenberg and Hancock, LLPBarbara Enloe HadsellFarella Braun + Martel LLPLainey Feingold and Randy ShawFox & Robertson, P.C.Jeremy L. FriedmanThe Garden City Group, Inc.Barry GoldsteinHarrington Investments, Inc.Havian and Jarvis Charitable FundThe Hilsee Group, LLCHoward Rice Nemerovski CanadyFalk & RabkinStephen KausJosh KoneckyBill Lann LeeJody LeWitter and Marc Van Der HoutPaula and Barry LittThe Dianna Lyons FundMilberg LLPDale MillerThe Mills Law FirmMinami Tamaki LLPChris MoodyJohn MosbyLaw Offices of Ellyn MoscowitzSteven PattiAlan RamoJennie Rhine and Tom MeyerRighetti Law Firm P.C.Mark S. RudyDara Schur and Miye GoishiSiegel & LeWitterKen Silbert and Barbara ChvanyTalamantes Villegas Carrera, LLPErica Teasley Linnick andMitch Linnickvan Löben Sels/RembeRockFoundationDouglas R. YoungClass Representatives($250-$999)Anonymous ACLU ofNorthern CaliforniaBill AldermanPeter AlfertVibiana AndradeBahan & AssociatesBay Area Legal AidDavid BorgenDale BrodskyLaw Office of Jivaka CandappaConsumers UnionCraig CorbittBonora D’AndreaDickson Levy Vinick Burrell Hyams LLPDickson - Ross LLPDisability Rights AdvocatesDisability Rights CaliforniaDisability Rights Education& Defense FundRichard DruryEqual Justice SocietyEqual Rights AdvocatesTheresa Fay-BustillosRosemary FeiDale FranzenMary and Stan FriedmanKit GageGilbert & Sackman, A Law CorporationAbby GinzbergMartha GoldinLaw Office of Marilyn Cain GordonDick GrosbollHastings Civil Justice ClinicSusan Hauser Ellis, CPAEileen HenlonPeggy HernandezI m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

Contributors 2009-2010Helen Hershkoff and Stephen LoffredoNeville JohnsonAaron KaufmannLaw Offices of Nancy G. KropEllen Lake and Bill HoergerElizabeth LawrenceLawyers’ Committee for Civil Rightsof the San Francisco Bay AreaLegal Aid Society –Employment Law CenterLeslie Levy and Caryatis CardeaSally LewisTana LinLocker Folberg LLPLozeau Drury LLPMeryl MacklinShauna Marshall and Robert HirschMari Mayeda and AJ KutchinsSteven L. MayerMcGuinn, Hillsman & PalefskyDouglas and Harriet MeiklejohnMessing, Rudavsky & Weliky, P.C.Mexican American Legal Defenseand Educational Fund (MALDEF)National Jury Project/WestNational Employment LawyersAssociation (NELA)Public Advocates Inc.Public JusticeN.S. Bienstock, Inc.Nora QuinnPaul ReinMatt RossRobert RubinPeter RukinSarah Carpenter and RobertNewman Family FoundationLauren ScholnickJoseph SellersMarcia SettelMarci SevilleLeonard B. SimonRobert T. Haden,Professional CorporationRoberta SteelePatricia SturdevantSundeen Salinas & PyleKimberly Thomas RappVan Der Hout, Brigagliano& Nightingale, LLPDr. and Mrs. Leland Von KugelgenJ. Scott WeaverDavid WeintraubPriscilla WinslowChic WolkWomen’s Employment Rights Clinic,and Environmental Law and JusticeClinic, at Golden Gate UniversitySchool of LawHerbert YanowitzFriends ($100-$249)AnonymousAlameda County Bar AssociationJennie Lee AndersonPaul AronsDavid C. BaldusDavid BalterRoy BennettAlan BerkowitzAnn Blessing and Eric EschenDr. Betsy BowdenTanya Broder and Theodore WangPeter BullClaudia CenterTerisa E. Chaw andJames A. Hendriksen,in honor of Lucy SeligmanElisë ClowesWalter Cochran-BondIsaac CohenMarsha Cohen and Robert FeyerCindy CohnCrosby & Kaneda CPADonna DeDiemarEnvironmental Law FoundationGarold L. FaberLewis M. FeldsteinSue GershensonD. Goldstein and L. WilliamsEllen and Jim Griffith, in honor ofthe good work of Jocelyn D. LarkinMichael HarrisMarcia HenryBruce IwasakiDinita JamesWinifred KaoJocelyn D. Larkin and Christopher PattiMark Levine and Irma HerreraGregory LewisMonique Lillard and Duncan PalmatierMichael LoebCarol MagerPaul H. MerryElisa MoranKate MorrowKaren Musalo and Richard BoswellDavid Offen-BrownAmy OppenheimerNancy ParkJacqueline B. PersonsPetrucelly, Nadler & Norris, P.C.Kristine PoplawskiDrucilla RameyPatricia and John ReaBernida ReaganPatti R. RobertsPeter D. and Emma C. RoosHarvey RosenfieldAnne J. RosenzweigMichael RubinDonna RyuMark and Lucia SavageVictor SchachterEthan P. SchulmanBryan SchwartzOren SellstromKaren SlaterThomas F. SmegalDebra A. SmithAlvaro SoriaPeter StoughtonKimberly SwainJustin M. SwartzEllen Widess and Rick WarrenLinda WilliamsFritz WollettJenny YangNoah ZatzOther DonorsMark Aaronson and Marjorie GelbMaria Elena AndradeMary H. AshbrookLina AvidanLinda R. BjorkeBarbara DickeyElaine ElinsonKathy GalvinDeene GoodlawMaria KivelHillary LarkinStuart GaffneyAlma MartinezBeatrice MoultonEleanor PalaciosLarry PolonLinda ProctorCharlie and Victoria RobinsonMarcia RosenStephen RosenbaumClaudia Jackson andStefan RosenzweigSteven RudmanRobert SchlesingerPatricia ShiuJeff Spitzer-ResnickMargaret StevensonOlga TalamanteChanging The PresentSchoenleber & Waltermire15S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Other NewsImpact Fund Annual EventEach spring, the Impact Fund hosts acelebration to bring together California’ssocial justice community to honor localchampions of civil and environmental rights.Our popular event also provides our friends andcolleagues with a much-needed opportunity toconnect and network, to further strengthen theenduring working relationships that are a hallmarkof the social justice community.On May 13, 2010, more than 175 people gathered in SanFrancisco at the Four Seasons Hotel to celebrate 17 years ofour community’s groundbreaking social justice work. Wehonored award-winning author Dave Eggers, recently appointedNorthern District of California Magistrate Judge Donna Ryu,and green jobs visionary Van Jones. We also welcomedNancy Shelby, wife of the late Luke Cole, a long-time boardmember and environmental justice pioneer. We paid tributeto his unprecedented work and mourned the loss of anirreplaceable member of the Impact Fund family.16I m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

Other NewsCy Pres SpotlightI m p c t F u n d R e a p s B e n e f i t o fS m o k e l e s s To b a c c o C a s e sIn 2004, a series of consumer antitrust cases were filedagainst US Tobacco alleging that its anti-competitive practicesviolated California’s Cartwright Act and resulted in artificiallyhigh prices of smokeless tobacco. In October 2007, SanFrancisco Superior Court Judge Richard Kramer certified aclass of individuals who had purchased smokeless tobaccoin California since 2000. In March 2008, the landmarksettlement of $96 million was approved. After morethan 42,000 class members received their share ofthe settlement, $40 million was distributed to variousnonprofit organizations and foundations, including anaward of $300,000 to the Impact Fund.Randy Renick and Rick SaveriGuido and Rick Saveri, of Saveri & Saveri, Inc. in SanFrancisco served as Co-Liaison Counsel and Randy Renickof Hadsell Stormer Keeny Richardson and Renick, LLP inPasadena was counsel of record for Plaintiff Frank Gerencser.S U m m A R Y O F I n c o m e & E x P E N S E S *July 1, 2009 - June 30, 2010Programs 83%IncomeFoundation Grants - $323,420Contributions - $313,256Grant Repayments - $45,526Attorneys’ Fees and Costs - $65,000Cy Pres Awards - $414,189Other Income – $38,937Total Revenues - $1,200,328Program and General ExpendituresGrants - $250,000Litigation Expenses - $36,330Payroll Expenses $496,425Rent – $64,290Professional Fees - $85,147Other Expenses - $136,280Total Expenses - $1,068,472*Audited financial reports are available. Not shown are investment income and expenses.Fundraising 8%Management/General 9%17S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

Other NewsWay s T O G I V E :There are many ways to support the Impact Fund’s work. Your contributions aretax deductible to the full extent provided by law. Visit www.impactfund.org tolearn how to make any of the following types of donations:• Direct donation by check or credit card• Monthly or multi-year pledge• Commemorative gift in honor of someone important to you• Appreciated stock or mutual fund• Planned gift (i.e. a will, insurance policy or trust)• Cy pres awardT h e I m p a c t F u n d M i s s i o nImpact Fund StaffJocelyn D. LarkinExecutive DirectorBrad SeligmanSenior CounselThe Impact Fund provides strategicleadership and support for litigationto achieve economic and socialjustice. We provide funds forimpact litigation in the areas ofcivil rights, environmental justice,and poverty law. We offer innovativetechnical support, training, andexpertise on issues that arise inNina FarniaEqual Justice WorksLitigation FellowTony DangParalegalLeila MirzaiDevelopment AssociateKiki PoeAdministrative ManagerSusan Hauser EllisAccountantGrace VelasquezAdministrative Assistantlarge-scale impact litigation. Weser ve as lead counsel, co-counsel,and amicus counsel in select classaction and impact litigation.18Left to right: Tony Dang, Nina Farnia, Grace Velasquez,Brad Seligman, Jocelyn Larkin, Leila Mirzai, Kiki PoeI m P A c t F U N d A N N U A L R E P O R T 2 0 1 0

Board Members and StaffImpact FundBoard of AdvisorsSilvia ArguetaExecutive Director, Legal Aid Foundationof Los Angeles, Los Angeles, CAAlegría De La CruzLegal Director, Center on Race, Poverty &the Environment, San Francisco, CACathy R. DreyfussProject Director, California DNA Project,Santa Clara, CARichard T. DruryAttorney at Law, Lozeau Drury LLP,Oakland, CAAbby Ginzberg*Producer, Ginzberg Video Productions,Albany, CABarbara Enloe Hadsell*Attorney at Law, Hadsell, Stormer, Keeny,Richardson & Renick LLP, Pasadena, CAAmanda HawesAttorney at Law, Alexander Hawes, LLP,San José, CAJocelyn D. Larkin*Executive Director, Impact Fund,Berkeley, CABill Lann LeeAttorney at Law, Lewis, Feinberg, Lee,Renaker & Jackson, P.C., Oakland, CAMari Mayeda*Attorney at Law, Berkeley, CAArlene MayersonDirecting Attorney, Disability RightsEducation and Defense Fund, Inc.,Berkeley, CABack row, left to right: Erica Teasley Linnick,Brad Seligman, Mari Mayeda, Alan Ramo, Thomas Saenz,Bill Lann Lee, Jocelyn LarkinFront row, left to right: Richard Drury, Cathy Dreyfuss,Barbara Hadsell, Amanda Hawes, Dara Schur,Abby Ginzberg, Arlene Mayerson, Marc Van Der HoutThomas A. SaenzPresident & General Counsel, MexicanAmerican Legal Defense & EducationalFund (MALDEF), Los Angeles, CADara Schur*Director of Litigation, Disability Rights California,Oakland, CABrad Seligman*Senior Counsel, Impact Fund,Berkeley, CAErica Teasley Linnick*Attorney at Law, Venice, CAMarc Van Der HoutAttorney at Law, Van Der Hout, Brigagliano& Nightingale, LLP, San Francisco, CA*Member of the Board of DirectorsAlan Ramo*Professor, Golden Gate UniversitySchool of Law, San Francisco, CA19S T R AT E G i c l i t i G AT i O N F O R S O C i A L j U S T i C E

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