Lowenstein Sandler: Advancing Racial Equity in Venture Capital and Juvenile Justice Reform

In the 2023 issue of Pro Bono Innovators, Lowenstein Sandler was honored by Bloomberg Law for its contributive efforts towards forming the Historic Fund, a venture capital fund established with the goal of increasing endowments at Historically Black Colleges and Universities (HBCUs). Further recognition was given due to the firm’s work in reducing excessive penitentiary sentences for juvenile offenders.

The roster of Lowenstein Sandler’s pro bono assignments includes creating a new philanthropic channel for venture capitalists to invest in higher education while simultaneously promoting racial parity. An integral case they handled was State v. Comer, in which they represented amici, who recounted their personal success stories post-prison release as a demonstration of the reform potential for those sentenced as juveniles.

Christina Holder, Public Interest Counsel of Lowenstein Sandler, elucidates the approach the firm deployed in tackling the HBCU matter. She highlighted their lawyers’ enthusiasm in applying their expertise and ties to further racial justice.

The firm collaborated with venture capital firm partners who were committed to racial equity, including funds directed by underrepresented investors and a venture fund, which was co-founded by the chair of their EC/VC group that invests solely in other venture funds managed by underrepresented team leads.

Additionally, Lowenstein Sandler is noted for its work in reducing excessive prison sentences for juvenile offenders. Senior Public Interest Counsel Natalie Kraner provided insight into the firm’s approach on the juvenile incarceration matter, specifically the case State v. Comer. The case stems from appeals brought about by two incarcerated youths, for whom the lawyer firm argued the rehabilitative potential of young people, utilizing real-life examples.

Addressing the impact of these cases, Holder detailed how the Historic Fund had managed to raise an initial $10.2 million in committed fund interests aimed at building HBCU endowments, with the expectation of recruiting more venture fund managers to the initiative. Indications are that these efforts have started to bear fruit, contributing to systemic change while also having demonstrable impacts at the individual level.

In the backdrop of State v. Comer’s landmark ruling, which demands a resentencing hearing after 20 years for individuals serving time for crimes committed as juveniles, Kraner relayed that approximately 75 individuals could now petition for early release. Several petitions have already been filed and granted approval, bolstering this significant stride towards justice for juveniles caught up in the legal system.

The article concludes with reflections from both Holder and Kraner on celebrating the successful resolution of these matters. The former points out that, despite their achievement, more work remains. The success they’ve had, however, has galvanized attorneys’ resolve to seek out transactional pro bono opportunities that further racial justice. On the other hand, Kraner highlights that the positive outcome in State v. Comer was merely the start of their work, as many more are preparing to file petitions for resentencing.