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18 © 2016 Winston & Strawn LLP

NON-PROFITS

Los Angeles TeamGuides Foster Care Agency to Favorable Settlement

in Alleged Abuse Case

For nearly five years, a team of Los Angeles attorneys led by associates

Kate

Winston

and

Ryan Evans

and supervised by

Gayle Jenkins

, have actively

defended a Southern California foster care agency against difficult allegations of

negligence that a former ward was sexually abused by one of the client’s foster

parents more than 20 years ago

Filing on the eve of the statute of limitations, the former ward alleged that our client

had negligently placed him with a sexually abusive foster care father. The team

took substantial written and deposition discovery that demonstrated our client was

not aware of any abusive tendencies by the foster parent or had any knowledge of

such conduct. However, discovery and public records confirmed that several years

after the foster care relationship ended, the foster father was charged with sexual

contact with an underage girl and is now a registered sex offender. Moreover,

the client had no records and no employees from the time period at issue to

defend against the allegations that the screening procedures in the early 1990s

were sufficient. During a mediation held on the verge of trial and with dispositive

motions pending, the client acknowledged the difficulty of defending against

such allegations at trial, and the potential for a judgment that could have forced it

to cease operations, and agreed to settle the claims for substantially less than it

almost certainly would have paid if found liable.

Benefits TeamAssists Client with Benefit Plan FilingCompliance

Associate

Thomas Moore

and specialist

Joan Peifer Brandt

, under the

supervision of partner

Mike Melbinger

, advised Community Action, Inc. of Central

Texas regarding IRS Form 5500 compliance issues. Community Action is a

community-based, anti-poverty organization that has been in continuous operation

since 1965 and has grown into a large integrated health, education, and human

services agency that provides a multitude of services to low-income residents of

the rural capital area of Texas. The team assisted Community Action negotiate

various IRS Compliance Programs and make current its Form 5500 filings, which

pension and welfare benefit plans must generally file to report their financial

condition, investments, and operations.

Hong Kong, Los Angeles, and New York Attorneys Organize Non-

Profit Assisting “Left Behind” Children in China

Los Angeles associate

Josh Birenbaum

and New York associate

Jerry Chen

, with

supervision from Hong Kong partner

Simon Luk

, established the Love Foundation

USA as a Delaware non-profit corporation and petitioned for federal tax exempt

status. Love Foundation USA is a related entity to Love Foundation, Inc. , a Hong

Kong-based charitable entity (and also a firm pro bono client) that provides

Christian and English/Chinese teaching materials and equipment for the “left-

behind” children of migrant workers in China to attend live-in summer educational

camps. These children are separated from their parents and remain in the rural

areas while their parents work in cities due to socio-economic reasons. The course

materials will equip the government-sanctioned local Christian churches, who are

hosting the summer camps.

Simon Luk

Thomas Moore

Kate Winston