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SHEPPARD HELPS AFFORDABLE HOUSING BRIDGE BORDERS Jerry Gumpel, the leader of Sheppard, Mullin, Richter & Hampton’s international practice in Los Angeles, is working on an innovative housing project that would allow migrant workers in the U.S. to purchase homes for their families in Mexico. Gumpel is representing Grupo Sadasi, one of Mexico’s largest housing developers specializing in large-scale, affordable housing projects, currently a booming industry in Mexico. The company acquires large parcels of lands and builds “cities” of 10,000 housing units, which average $18,000 to $25,000 each. Sadasi is now looking to court Mexicans working in the U.S. to buy the homes across the border, and Gumpel is helping to pave the way. “They figured out, like most smart Mexican business people, that the U.S. consumer market is enormous,” Gumpel said. Tapping the integration between the U.S. and Mexico is the wave of the future, both from a business and a legal standpoint, Gumpel said. “The border is disappearing � it’s one large, growing market,” he said. “What is particularly appealing is figuring out how to capture the market from both ends. Not many businesses or law firms have figured out how to put the whole package together.” Gumpel has helped Sadasi get permission to advertise the homes in New York, a challenging feat that required the attorney general’s approval. It is the first time a foreign developer has gotten the green light in New York to advertise a housing development abroad, he said. In other states, the laws are more relaxed. In addition to New York, Sadasi is now able to sell the Mexican homes in Texas, Illinois and California, presenting even more legal footwork for Gumpel. The work is also rewarding for Gumpel, a native Spanish speaker who is originally from Ecuador. It gives Mexicans working in the U.S. something concrete to show for their work, he said. “Very often, at the end of their careers, they leave with as little as when they came,” he said. “This gives them a chance to come back to something.” � Kellie Schmitt KUDOS FOR PRO BONO Tara Kaushik, an associate with San Jose’s McManis Faulkner & Morgan, was recently honored as pro bono attorney of the year by the Santa Clara County Bar Association. “I was really excited about it,” said Kaushik, who graduated from Santa Clara University School of Law in 2003. “I feel very privileged. I was very touched by the nomination.” Kaushik, just shy of her 29th birthday, has been working closely with the Law Foundation of Silicon Valley’s Public Interest Law Firm on a major federal case � Batchelder v. Geary, C-71-2017 � that concerns the constitutional rights of county jail inmates. In the past year, Kaushik has devoted more than 1,000 hours to the case, drafting pleadings, responding to discovery requests, taking and defending depositions and interviewing witnesses. “She has gone above and beyond what anyone could expect” from someone who’s only been practicing law for such a short amount of time, said James Zahradka, a senior attorney at the Public Interest Law Firm who nominated Kaushik for the award. “Throughout the case she’s been extremely diligent,” Zahradka said, adding that Kaushik took over all litigation duties for about a month while Zahradka was out on paternity leave. “That was very impressive,” Zahradka added. ‘She kept the ball moving forward on several critical fronts.” Kaushik was honored at a reception Oct. 11 in San Jose. � Julie O’Shea HABEAS SUCCESS O’Melveny & Myers’ James Bowman and a former associate may have pulled off the near-impossible when a U.S. district judge granted their habeas corpus petition for a client who was convicted of murder based almost entirely on confessions he gave to the police. While most pro bono cases tend to be brief, Bowman and David Sepanik spent two years tackling the habeas case. But the two were captivated by the details of the investigation and the specifics of the client’s situation. Anthony Holguin, convicted in November 2000 of shooting and killing a high school student in Salinas, was a 17-year-old special-education student at the time of the crime. Holguin has an IQ of between 47 and 60 and can’t read or tell time Bowman said that when Holguin was initially interviewed by police, he was not read his Miranda rights. It was only after an hour of questioning that he was read his rights. Holguin’s confession was replete with contradictions and facts that didn’t match testimony from other witnesses, Bowman added. “Right away we were troubled by the fact that the police had interrogated Anthony without reading him his Miranda rights,” Bowman said. All Holguin’s statements were recorded on audio and videotape. “Knowing that he’s special ed, the way they read him his rights we don’t believe came close to giving him the warnings in a way that he’d understand,” Bowman said. U.S. District Judge Charles Breyer ordered a briefing from both sides and on Sept. 16 granted the petition on Holguin’s claim that the use of his pre-Miranda confession at trial violated his constitutional rights. According to a preliminary transcript of the hearing, Breyer expressed concern that Holguin, who has already served five years of a sentence of 50 years to life, might be “innocent of this incident which, of course, would be a horror for the state of California or any prosecutor and, of course, for the defendant as well.” Bowman said he considers the judge’s ruling a significant victory. “When you get to habeas, you’ve already lost your trial and you’ve lost your appeals and the legal standards are very difficult to overcome,” he said. “For Anthony and his family, this really is a huge victory.” California law requires that in the event Holguin is retried, the trial should take place within 60 days of the judge’s order granting the petition. � Petra Pasternak

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