Pro Bono Innovators 2023 Honorees Hughes Hubbard & Reed and Akin Gump

In our 2023 issue of Pro Bono Innovators, Bloomberg Law honors Hughes Hubbard & Reed and Akin Gump for their work representing democracy advocate Paul Rusesabagina, who was freed from prison in Rwanda in March 2023, after being sentenced to 25 years. The story of his efforts to save more than 1,200 people during the 1994 Rwandan genocide was told in the 2004 movie “Hotel Rwanda.” Hughes Hubbard & Reed represented Rusesabagina and his family in the US to bring Rusesabagina safely to the US. The lead lawyer on that matter, now a partner at Akin Gump, continues to represent Rusesabagina and the family of Paul Whelan, a US Marine veteran detained in Russia after being convicted for espionage.

Rwandan human rights activist Paul Rusesabagina was freed from prison in March 2023 and brought to the US due to the work of Hughes Hubbard & Reed. The firm represented Rusesabagina and his family in the US, working with White House National Security Advisor Jake Sullivan, Secretary of State Antony Blinken, and members of Congress. How did the firm and Akin Gump, which continues to represent Rusesabagina and the family of U.S. Marine veteran Paul Whelan, strategize on these matters?

Ryan Fayhee, Akin Gump international trade partner: Upon leaving the Department of Justice in 2015, I initially put all my energy into developing relationships with clients and building a law practice. During the first several years, however, in the back of my mind I knew that I wanted to find a new way to serve and was always looking for a way that I could put my somewhat unique background in national security and deep knowledge of Washington, D.C. to work on behalf of pro bono clients.

Unfortunately, as it turned out, during this same time a handful of foreign governments and transnational criminal organizations were targeting American citizens and residents, holding them for ransom or political leverage. And then, by happenstance, in early 2019 I came to represent the family of Paul Whelan, who was and remains unlawfully detained by the government of Russia.

From this experience, I found that I could be helpful to families who were navigating a totally unpredictable crisis with limited resources. I continue to support the Whelan family, who fight for Paul’s return every day. In nearly five years since, I’ve also worked with outstanding organizations such as Hostage US and the James Foley Foundation to help hostage survivors to receive the care and legal support and referrals they need to reintegrate back into their lives.

I am so pleased to be recognized alongside my colleagues for the successful representation of Paul Rusesabagina, the hero of Hotel Rwanda and recipient of the Presidential Medal of Freedom, who was unlawfully detained in Rwanda and later released after 900 days. Thankfully, Paul is now home with his family in San Antonio after a years’ long effort involving complex choreography artfully covered by the New York Times for those who wish to understand this amazing story in detail. Being an advocate for these families and their loved ones is a deeply rewarding and humbling experience.

It’s important to note in particular how grateful I am to Hughes Hubbard for allowing me the room, the resources, and the talent—especially Eleanor Erney and Sam Salyer, both outstanding advocates—to develop this practice. Although I moved on from the firm in July, I developed deep friendships that remain—HHR is a firm that is absolutely committed to pro bono service.

I should also note the role of co-counsel on the Rusesabagina matter, Kate Gibson of Doughty Street Chambers in the UK. Kate is one of the most talented lawyers I’ve ever worked with and has become a dear friend.

What were the most innovative aspects of two of your clients matters in your view? And who took the lead on driving innovation with the work?

Regarding innovation, I don’t know that we viewed it as particularly novel at the time, but in hindsight the approach we took to this matter was not altogether traditional—in sum, I’d say that we used an all-tools approach that ultimately was designed to enable a political solution. Often lawyers are inclined toward legal tools, including principally litigation, whether in US courts, in various international venues, or within certain established processes at the United Nations.

I don’t wish to belittle these legal avenues, as they are a very important part of any strategy. What I have found, however, it that there is an important role that a family can and should play in a broader multidisciplinary strategy in ensuring: (1) that their loved one’s case is treated as a priority by the White House; (2) that there will be consequences to any country or criminal organization that engages in wrongful detention or hostage taking; and (3) that there is room left for compromise to preserve a path toward release.

Although every case is unique, there are essential partners in each engagement: the National Security Council and the Special Envoy for Hostage Affairs to run point on the negotiation; members of Congress to make use of the oversight function and the power of the purse to help incentivize a solution; and, of course, the media to bring transparency and maintain the profile these matters deserve.

On this latter point, on-boarding a media consultant—in particular those skilled in social media--is invaluable. I’ve worked on several of these matters with Juleanna Glover and her team at Ridgely Walsh--the RW team is very adept at the intersection of politics and media in Washington D.C. and tireless advocates in their own right.

Tell us more about the impact of the matters on the local, national, and/or global level.

Since 2019, although the terrorist kidnapping for ransom threat has decreased, there has been a significant increase in foreign governments targeting and wrongfully detaining US nationals abroad. According to the Foley Foundation’s annual report, currently, 95% of those US nationals are (or were) held in China, Iran, Russia, Venezuela, and Syria.

There have been significant positive developments in how the US government responds to this threat, but much more can be done. I have been privileged to do a small part to draw attention to this concerning issue and have been pleased to engage with stakeholders on Capitol Hill, at the State Department and the White House to help inform policy moving forward.

For more on these efforts, see this recent event graciously hosted by the Atlantic Council featuring Diane Foley and Elizabeth Whelan. My concerns and the desperate need for effective deterrence have only been elevated further by the Americans recently taken hostage by Hamas in Gaza and Americans wrongfully detained by the Taliban in Afghanistan. I now represent two families facing these horrific crises.

Why do you think your team ultimately achieved successful results in these matters?

This one is easy. The strength and determination of families fighting for the well-being and recovery of their loved ones is always the key to a successful result – however “success” may be defined in this context – whether ideally it is a release or ensuring that efforts toward a release are prioritized by the very top of our government. It always amazes me that our darkest moments as a human race – in some instances the harshest physical abuse and isolation imaginable – can also carry a silver lining.

I’ve now seen many families go through these unfortunate situations and every single one is an all-star – they are at their very best and inspire all of us around them. Seeing them in action and supporting them in what they do has been a life-changing experience.

What did you do to celebrate when these matters were resolved?

On the Rusesabagina matter, I was very privileged to be the one to receive Paul in Doha on the day he left Rwandan soil after more than 900 days in prison. I had met him only once previously, for a matter of hours, during a prison visit in Kigali facilitated by the US and Rwandan government as part of certain confidence building measures that ultimately led to Paul’s release several months later.

I took great pride in sharing a bottle of wine with Paul once we got settled into our hotel in Doha, but the greater gift in those first few hours of freedom was to begin to tell the story of the herculean effort his family undertook to secure his release. I remain in awe of them. Of course, once Paul was reunited with his wife and six children in Texas, the real celebration began and it lasted a (very) long while.

Responses provided by Akin Gump international trade partner Ryan Fayhee.

Editor’s note: At the time of submission for the 2023 Pro Bono Innovators, Fayhee was with Hughes Hubbard & Reed. His move to Akin Gump was announced in July 2023.