Gibson Dunn Attorneys Secure Final Order of Protection for Cyber Abuse Survivor

Nyla Samee

A dedicated team of Gibson Dunn attorneys collaborated with Sanctuary for Families to obtain a final order of protection for “Claire” against her abusive ex-partner in a case involving tech-facilitated abuse, a form of abuse that is becoming increasingly ubiquitous.

Sanctuary for Families’ Pro Bono Project has the honor of working annually with hundreds of extremely dedicated and expert pro bono attorneys. As part of our Pro Bono Spotlight, we highlight some of the great work done by Sanctuary pro bono attorneys!

*Please note that this blog contains descriptions of abuse that could be triggering*

A dedicated team of Gibson Dunn attorneys collaborated with Sanctuary for Families to obtain a final order of protection for “Claire” against her abusive ex-partner in a case involving tech-facilitated abuse, a form of abuse that is becoming increasingly ubiquitous. Tech-facilitated abuse, also called cyber abuse, includes an array of harassment tactics such as hacking, installation of spyware, stalking, spoofing, identity theft, impersonation, sexual extortion (colloquially known as “sextortion”), and the nonconsensual distribution or threat of distribution of intimate images and videos.

“We are so grateful to Gibson Dunn for their incredible advocacy on behalf of a client who experienced threats of image-based abuse and other forms of technology-facilitated abuse, including threats and repeated harassment. Online abuse is too often dismissed and belittled, even though the damage is overwhelming and even life-ruining for survivors. Gibson Dunn’s advocacy in this case resulted in an extremely positive outcome for the client and led to her feeling supported and validated in what she had experienced. Congratulations to the whole team!”

– Lindsey Song, Associate Program Director, Family Law Project at Sanctuary for Families and Co-Chair, New York Cyber Abuse Task Force

After Claire ended her relationship, her ex-partner continued to threaten and harass her and her mother by making threats to circulate intimate images of Claire in an attempt to control her actions. While Claire had obtained a temporary order of protection in Family Court, she needed support in securing a permanent order of protection to truly be able to move on from this abusive relationship.

Gibson Dunn readily took on the challenge to support Sanctuary in representing Claire in a critical fact-finding hearing. As a result of Sanctuary and Gibson Dunn’s tireless efforts in crafting compelling arguments and thoroughly preparing Claire for her testimony and cross-examination, the Court ruled that Claire’s abuser had committed a family offense, thereby granting her a final order of protection.

This remarkable victory has allowed Claire the space to heal and move forward with her life without fear. Here, the Gibson Dunn team comprised of Jacqueline E. Malzone, Associate Attorney; Carolyn Ye, Associate Attorney; and Christina Andersen, Of Counsel, explores the professional development afforded by this opportunity and how it shaped their perception and approach towards trauma-informed lawyering and tackling cyber abuse cases.

Tell me about the case. What went into preparations?

A lot of preparation went into this case. First and foremost, we spent significant time with our client understanding her story, nailing down the details and the timelines, gathering evidence – such as screenshots, text message chains, and call logs. We ultimately utilized firm resources to obtain a forensic screen of her phone in order to best preserve her text and phone records. We also utilized third-party translators to obtain certified translations of non-English messages that were helpful to our case. We then spent many hours with our client preparing her for direct examination – making sure she was comfortable enough telling her story in a clear and compelling manner, but also making sure we as her attorneys were comfortable guiding her through examination. This part of the process really built our strong relationship with our client. And of course, we had to prepare our client to be questioned by her abuser, who was representing himself pro se. This was one of the most difficult parts of our preparation, as this can reopen traumatic wounds, and our goal in this process above all is to protect our client. On our own, we spent significant time reviewing and organizing evidence and preparing legal arguments to convince the court of our argument and ways to prevent the court from accepting the abuser’s irrelevant evidence. Lindsey Song from Sanctuary for Families was also an incredible resource and guide during Claire’s entire case and was there with us every step of the way.

What interested you in working on this case pro bono?

A desire to use our legal training and skills to help our client advocate for herself and pursue the protection from abusive and coercive conduct provided by the law.

How did working on this case shape your understanding of trauma-informed lawyering?

Trauma-informed lawyering requires tiptoeing a very delicate line between needing to share all the unpleasant details with the court while minding your client’s mental health and wellbeing. Working on this case was an exercising of learning where that line is and how to avoid crossing it. Sanctuary for Families was an incredible resource, particularly in guiding our initial conversations with our client to ensure that even as we were new to the process, we did not endanger our client’s wellbeing.

What are some approaches you will adopt in future cyber abuse cases based on this experience?

We will focus immediately on comprehensive discovery of social media messages and a variety of chat and instant message platforms using all the digital forensic tools available.

What are some lasting impacts from the case?

A desire to work on more cases! It was also so incredibly rewarding to see just the depth of relief that Claire had after the judge awarded her a final order of protection. She had been so strong and brave throughout the whole process, and seeing her finally feel safe is something we’ll never forget.

We are extremely grateful to Jacqueline, Carolyn, and Christina for their outstanding advocacy and commitment to serving survivors.

Gibson Team Honored for Representation of a Survivor of Child Abuse in an Asylum Case

Naina Rasheed

At this year’s Above & Beyond Awards, Sanctuary will honor a Gibson Dunn team for their dedication to representing “Ms. N” in a defensive asylum case.

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring a team from Gibson Dunn for their dedication to representing “Ms. N” from El Salvador in a defensive asylum case. The outstanding team representing Ms. N included associates Alexandra Perloff-Giles and Ana Lopez, and former Gibson Dunn associate Philip Shapiro.

Ms. N is a survivor of childhood sexual abuse. As a young teenager, her mother sold her to a MS-13 gang member and she was forced to become his girlfriend. During the course of their “relationship,” the man verbally, physically, and sexually abused Ms. N. She had one child with him. When Ms. N bravely reported the abuse to the authorities in El Salvador, a judge ruled that it was not rape since Ms. N had become pregnant. Ms. N attempted to escape this relationship multiple times. Finally, after six years, she was able to flee El Salvador in 2015 and entered the United States after being detained for three months.

The Gibson team began working on the case in 2016, meeting with Ms. N dozens of times in preparation for the Individual Hearing, which was scheduled for 2019. All of the materials—including affidavits, certified translations, expert reports, and a legal brief—had been submitted. But just days before the scheduled hearing, it was adjourned nearly four years, to January 2023, ostensibly because a Spanish interpreter was not available. On the new date, the Immigration Judge realized she did not have a copy of Ms. N’s file and the case was further adjourned by one month.

While the significant delays presented certain challenges, they also proved fortuitous in certain respects. The Matter of A-B- decision by then-Attorney General Jeff Sessions in June 2018—also involving a Salvadoran woman impregnated by her abuser—made asylum claims by survivors of domestic violence significantly more challenging. But in June 2021, Attorney General Merrick Garland vacated the prior Matter of A-B- decision, permitting victims of sexual violence to show, as they previously had, that they had suffered harm at the hands of a private actor whom the government was unable or unwilling to control.

In the lead-up to the new hearing date, the Gibson team once again kicked into gear, updating affidavits, obtaining additional evidence, and preparing Ms. N to testify at trial. Given how young she had been when the events took place and the extent of her trauma, it was difficult for Ms. N to relive her experiences and recall the timeline of events; as a therapist who met with Ms.N explained, her trauma manifests as avoidance, complicating the process of drafting her affidavit and preparing her to testify. Throughout this lengthy process, the Gibson team remained patient and understanding, balancing sensitivity to Ms. N’s unique struggles with a commitment to readying her for trial.

Philip, who had worked with Ms. N since the very beginning, led the pre-hearing conferencing with the DHS attorney and delivered opening and closing arguments during the trial. Alexandra led the briefing efforts. Ana conducted the direct examination of Ms. N—a relatively late change in strategy after the team saw during prep sessions that Ms. N appeared more open and comfortable being questioned by a female attorney. Ultimately, after seven years and a four-hour trial, Ms. N was finally granted asylum in early 2023.

In addition to the team’s stellar legal work, what motivated Deirdre Stradone, Co-Deputy Director of the Immigration Intervention Project, to nominate Gibson Dunn for recognition was their trauma-informed lawyering. Like the majority of Sanctuary’s clients, Ms. N has suffered severe and sustained violence in her home country and continues to struggle today. An asylum case is always difficult for a client, who has to relive their trauma and spend hours retelling their story to practice for direct and cross-examination for trial. But Ms. N essentially had to undergo this process three times—each time her trial was scheduled and then cancelled on short notice. Because Ms. N’s trauma manifests as avoidance, she avoided meetings with her attorneys; she regularly cancelled at the last minute, or showed up late, or couldn’t come in person and would take calls from her home.

Deirdre was so impressed with the Gibson team’s tireless, sympathetic, and trauma-informed approach:

“When Ms. N cancelled or was late, the team did everything they could to work around her schedule and make themselves available at her convenience, and never questioned her reasons for cancelling or made her feel guilty about it. They just asked if she was okay and safe. They were always so respectful of her and really allowed for her to feel empowered and understand what was happening in her legal case.”

When Ms. N was finally granted asylum, the joy and relief was palpable on everyone’s faces. Deirdre could see the happiness that the team felt to know that Ms. N was safe, she could remain in the U.S., and we could finally work to bring her son to the U.S. to join her.

Join us at our Above & Beyond Awards Ceremony on October 25, 2023, as we honor Gibson Dunn’s outstanding pro bono work.

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Naina Rasheed is a Corporate Governance Specialist in the Office of the Corporate Secretary at American International Group, Inc. Naina is also a member of Sanctuary’s Pro Bono Council and Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.