THE
BAR
NOV/DEC.2015
DIVERSITY
&
MCCA Empowering People. Inspiring Leadership.
MCCA’s
th
16 Annual
GC Survey
CREATING A SMALL
SUCCESSFUL LEGAL
TEAM
SUCCESSION
PLANNING
15 RAINMAKERS
WHO ALWAYS SHINE
EXPERIENCED WOMEN
LAWYERS HEAD BACK
TO WORK
. CONTENTS
Visit www.mcca.com for the latest information
on our events, awards and research.
FEATURES
12 MCCA’s 16
Annual
General Counsel Survey
th
By Lydia Lum
MCCA presents its annual report on women and minority
general counsel of Fortune® 500 and 1000 companies. The
survey examines current trends and developments for
the diverse legal leaders in the c-suite of America’s most
successful companies. In addition to this exclusive annual
report, Diversity & the Bar’s writer Patrick Folliard has
profiled six general counsel on our list.
32 Creating a Successful Small Legal
Department: 10 Insights
By Richard Q. Russeth
The emotional intelligence of the legal department is a big
factor in its success or failure.
High emotional intelligence,
high results; low emotional intelligence, well, you know. Read
10 insights from this general counsel on how his small legal
team serves its global private company.
36 How OnRamp Fellowships
Connect Experienced Female Lawyers
with Law Firms
By Lekan Oguntoyinbo
The OnRamp Fellowship was conceived more than a year
ago as a way to bring law firms and qualified veteran lawyers
together. Learn about the program, and meet the talented
women it has impacted.
40 ABA Makes History:
Meet Paulette Brown,
ABA President
By Jonathan Groner
As the first black woman
to become president of the
American Bar Association,
Paulette Brown regards herself as
fortunate to be granted a role in
helping solve the nation’s racial
problems.
And she believes that
her efforts are only a part of a larger trend: Lawyers and the
law can and must be a key part of the solutions.
2 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
44 Tips for a Successful Succession
By Toni Coleman
Here are two pressing trends concerning corporate general
counsel today: They are increasingly taking on executive and
strategic management duties, and more of those in the baby
boomer generation are retiring. Glean insight into how other
c-suite lawyers handle succession planning.
48 Advancement of Female Attorneys in Law
Firms—Where Are We Today?
By Stephanie Resnick
In July 2013, the National Association of Women Lawyers
issued a report called “Actions for Advancing Women in Law
Firm Leadership and in the General Counsel’s Office.” So,
what is the status of advancing female attorneys today? What
can female attorneys do to succeed?
52 15 Rainmakers Who Always Shine
By Patrick Folliard
MCCA’s Annual List of Rainmakers proves that the profession
has talented lawyers who also have valuable business
development skills. This list includes attorneys from around
the country who practice a wide variety of law.
Their success
stories offer insight and value to lawyers at every career stage.
60 LMJ Scholars, Class
of 2005:
Where Are They Now?
By Glenn Cook
The LMJ Scholarship
program seeks to nurture the
academic and professional
careers of outstanding law
students and advance the
diversity pipeline to the legal
profession. In 10 years, the
program has raised $2.85
million and connected many law students with law firms
and legal departments. Ever wonder what happened to those
eager law students? This new series will provide you with a
class update and a personal story about what happened after
law school.
.
MCCA® BOARD OF DIRECTORS
Stuart Alderoty
Dawn Smith
Ricardo Anzaldua
Don H. Liu
Mary E. Snapp
Michelle Banks
NOV.DEC.2015
Sandra Leung
Gwen Marcus
Senior Executive Vice President &
General Counsel
HSBC North America Holdings Inc.
Executive Vice President &
General Counsel
MetLife Inc.
Senior Vice President, General
Counsel & Corporate Secretary
Bristol-Myers Squibb Company
Executive Vice President, General
Counsel & Secretary
Xerox Corporation
Senior Vice President, Chief
Compliance Officer & Secretary
VMware
Corporate VP, Deputy General
Counsel
Microsoft Business Development and
Evangelism
|
4 NOTES FROM THE PRESIDENT
When Talent Development Is
Purposeful, It Pays Dividends
By Joseph K. West
|
5 BUSINESS TRANSACTIONS
The Business of Africa: Can It
Become the Next China?
By Alonzo L.
Llorens
Lawrence P. Tu
Suzan Miller
Corporate Secretary, Vice President,
Deputy General Counsel
Intel Corporation
Neil Wilcox
Owner & Founder
Brown Law Group
COLUMNS
Executive Vice President,
General Counsel
Showtime Networks Inc.
A.B. Cruz III
Robbie E.B.
Narcisse
Michael Williams
Executive Vice President, Global
General Counsel, Corporate
Secretary & Chief Compliance Officer
Gap Inc.
Janice P. Brown
Executive Vice President &
General Counsel
Emergent Biosolutions Inc.
Clarissa Cerda
Chief Legal Strategist
LifeLock Inc.
Anthony K. Greene
Executive Vice President
Jamison Insurance Group
|
7 DIVERSE PROFESSIONAL DEVELOPMENT
Calgarians Celebrating Diversity
By Lucy L’Hirondelle
Samuel M.
Reeves
Senior Vice President,
General Counsel
Walmart International Legal
Robin Sangston
1 0 | SPOTLIGHTING
Ramón A. Abadin
By Patrick Folliard
64 | PROFILE IN PERSEVERANCE
Senator Cyrus Habib:
Illuminating the Darkness
By Tom Calarco
68 | MOVERS & SHAKERS
Executive Vice President &
General Counsel
Staples Inc.
Simone Wu
Senior Vice President, General
Counsel, Corporate Secretary & Chief
Compliance Officer
Joseph K. West
President & CEO
Minority Corporate Counsel
Association
Kenneth S.
Siegel
Board Members Emeritus
President & CEO
Design/Art Direction
MCCA® Staff
Editor-in-Chief
Advertising
Vice President & Assistant
General Counsel
JP Morgan Chase Legal Department
PUBLICATIONS STAFF
Joseph K. West
Kimberly A. Howard, CAE
Chief Administrative Officer &
General Counsel
Starwood Hotels & Resorts Worldwide
Inc.
BonoTom Studio Inc.
M.J.
Mrvica Associates Inc.
|
8 GENERAL COUNSEL INSIGHT
Creating and Sustaining an Effective
Partnership with the Business
By Miguel R. Rivera Sr.
Senior Vice President &
Associate General Counsel
First Data Corporation
VP/Chief Compliance Officer
Cox Communications Inc.
Jean Lee
|
6 CAREER EVOLUTION
Pearls of Wisdom from Your Peers
By DeAnna D. Allen
Vice President of Global Ethics and
Business Practices
Pitney Bowes Inc.
Corporate Legal Department
Senior EVP & Chief Legal Officer
CBS Corporation
Thomas L.
Sager, Ballard Spahr LLP
Hinton J. Lucas
Catherine A. Lamboley
Lloyd M.
Johnson, Chief Legal
Executive LLC
Stacy Banks
Shikha Bhatnagar
Mahzarine Chinoy
David Chu
Donna Crook
Charles H. Hollins Jr.
Behnaz Mistry
Aracely Muñoz Petrich
Andrea Pimm
GENERAL INFORMATION
Advertising
For advertising inquiries, contact
M.J. Mrvica Associates Inc.
at mjmrvica@mrvica.com.
MCCA® Membership
Please visit www.mcca.com/
membership for membership
information.
General Information and
Address Changes
Send your questions, complaints and
compliments to MCCA®, Kim Howard,
CAE, Editor in Chief, kimhoward@
mcca.com.
Address changes should be
sent to membership@mcca.com.
Permissions and Reprints
Reproduction of Diversity & the Bar in
whole or in part without permission is
prohibited. To obtain permission, visit
www.mcca.com/dbmagazine and click
on reprint request.
Copyright
Copyright® 2015 by the Minority Corporate Counsel Association, Diversity
& the Bar is published six times a
year and is distributed to supporters
and subscribers, 1111 Pennsylvania
Avenue, NW, Washington, DC 20004.
The information contained in this
publication has been provided to
the Minority Corporate Counsel
Association (MCCA®) by a variety of
independent sources. While MCCA
makes every effort to present accurate
and reliable information, MCCA does
not endorse, approve or certify such
information, nor does MCCA guarantee
the accuracy, completeness, efficacy or
chronological sequence of any such information.
Use of such information on
the readers’ part is entirely voluntary,
and reliance upon it should be undertaken only upon independent review
and due diligence. References to any
commercial product, process or service by trade name, trademark, service
mark, manufacturer or otherwise shall
not constitute or imply endorsement,
preference, recommendation or the
favor of MCCA.
MCCA (including its employees
and agents) assumes no responsibility
for consequence resulting from the
use of the information herein, or in
any respect for the content of such
information, including (but not limited
to) errors or omissions; the accuracy
or reasonableness of factual or other
data, including statistical or scientific
assumptions, studies or conclusions;
the defamatory nature of statements;
ownership of copyright or other
intellectual property rights; and the violation of property, privacy or personal
rights of others. MCCA is not responsible for, and expressly disclaims and
denies liability for, damages of any
kind arising out of use, reference to or
reliance upon such information.
No
guarantees or warranties, including
(but not limited to) any express or implied warranties of merchantability or
fitness for a particular use or purpose,
are made by MCCA with respect to
such information.
Copyright in this publication, including all articles and editorial information contained herein, is exclusively
owned by MCCA, and MCCA reserves
all rights to such information.
MCCA is a tax-exempt corporation
organized in accordance with section
501(c)(3) of the Internal Revenue Code.
Its tax ID number is 13-3920905.
. NOTES FROM THE PRESIDENT & CEO
BY JOSEPH K. WEST
When Talent Development Is Purposeful,
It Pays Dividends
United Continental Holdings Inc.’s CEO Oscar Munoz took medical leave indefinitely
in mid-October. His temporary replacement is the company’s General Counsel, Brett
J. Hart, who is acting CEO.
Mr. Hart is also a minority and included in our 16th Annual
General Counsel Survey.
United said that Mr. Hart had taken on a
broader role since becoming general counsel and
had given him oversight of customer service.
Like
many of his peers, Mr. Hart’s legal work stepped
beyond his role as general counsel.
According to our survey, only 51 general counsel of color make up the Fortune® 500, down from
54 the year before. More than 60 of these companies have appointed new chief counsel since the
previous survey.
The need for bench strength is
clear. Only ï¬ve (six if you count Mr. Hart) CEOs
of Fortune® 500 companies are African-American
yet 12.9 percent of America’s population are African-American according to the 2010 U.S.
Census
Bureau’s National Population results. Had Mr.
Hart not been part of United’s c-suite, he could
not have been considered for his current role as
acting CEO. Diversity and inclusion initiatives
matter not only for the business beneï¬t to the
organization but for the future leaders we create
today for tomorrow.
120 women are now GC of Fortune® 500 companies, up from seven more than a year ago and 15
more than two years ago.
This is the ï¬fth straight
year that the roster of women has topped 100. But,
men still enjoy a 2-to-1 advantage in landing jobs
as the GC of Fortune® 500 companies. Interestingly, male-dominated industries are choosing
women to lead their legal teams, a trend that has
continued in the last few years.
As we usher in 2016, please know that MCCA
continues to bring you the tools, resources and
network to expand your diversity and inclusion ef-
4 DIVERSITY & THE BAR
NOV.DEC.2015 MCCA.COM
forts in your organizations.
Please add these 2016
event dates to your calendar:
â– April 13-16, General Counsel Summit, Palm
Beach Gardens, Fla.;
â– July 18, Creating Pathways to Diversity Conference, Washington, DC;
â– July 19, Diversity Gala, Washington, DC; and
â– October 6-7, CLE Expo, New Orleans, La.
Finally, we are delighted to bring you another diverse group of lawyers in our 2015 Annual
Rainmakers list. These talented lawyers hail from
a variety of ï¬rms, practices and experiences, but
one thing that they all have in common is that they
truly understand their clients. Additionally, their
books of business reflect their success.
We hope
that you enjoy reading this issue as much as we
have enjoyed putting it together.
MCCA_law
www.facebook.com/mcca.law
. BUSINESS TRANSACTIONS
BY ALONZO L. LLORENS
The Business of Africa:
Can It Become the Next China?
With a land mass equal to the sum of the land mass of the United States, India and Europe combined and a
population of roughly 1.2 billion people, as of 2015, the continent of Africa has unlimited economic potential.
There are multiple challenges that currently prohibit Africa from reaching its full economic potential. However,
all of these challenges can be overcome and, with positive change, business transactions between African and
U.S. companies can sharply increase.
According to World Population Review, Africa is
made up of 54 sovereign states and countries, two de
facto independent states and nine territories.
Population on the continent has grown rapidly over the past
40 years, and its population is youngest among all of
the continents. At 1.2 billion people, the continent of
Africa only falls behind the countries of China (1.4
billion) and India (1.24 billion) in terms of total population, according to the World Factbook.
Stock Market
1Y
3Y
–9.9%
–3.4%
6.7%
Nigerian Stock Exchange
–41.8%
5.7%
–11.0%
Zimbabwe Stock Exchange
–22.7%
9.4%
11.0%
9.0%
52.5%
91.0%
Johannesburg Stock Exchange
S&P500
5Y
The Obama Administration has placed special
emphasis on Africa, as reflected in President Obama’s
visit to Kenya for the 2015 Global Entrepreneurship
Summit. This summit was the sixth annual gathering of entrepreneurs at all stages of business development, business leaders, mentors and high-level
government officials.
Another example of the U.S.
commitment is the Overseas Private Investment
Corporation, which “helps U.S. businesses gain footholds in emerging markets, catalyzing revenues, jobs
and growth opportunities both at home and abroad,”
according to its website. As a result of President
Obama’s Power Africa initiative, unveiled in 2013,
OPIC has played a major role by committing $1.5
billion of financing and insurance to develop energy
projects throughout sub-Saharan Africa.
It is also noteworthy that there are 29 stock exchanges in Africa representing 38 nations’ capital
markets.
Three of the oldest exchanges in Africa are
the Egyptian Exchange (founded in 1883), Johannesburg Stock Exchange (founded in 1887) and Casablanca
Stock Exchange of Morocco (founded in 1929). An
example of total returns for three of the largest African
exchanges compared to the S&P, as of July 31, 2015,
based upon data provided by Investing In Africa, is
shown in the chart on the left.
There are several well-known challenges in parts of
Africa that affect the private sector’s ability to maximize business opportunities. These include terrorism,
the stability of certain governments, corruption, health
concerns and war.
Additionally, while there are many
African stock exchanges, many of them face challenges
as well, including lack of liquidity, lack of transparency
and lack of reliable, up-to-date technology.
As indicated above, many people believe that these
challenges are not insurmountable. An emphasis on the
following will go a long way in doing so:
â– â– Continued focus on Africa by the U.S. from a foreign
policy perspective.
â– â– Continued economic investment by the U.S.
in Africa.
â– â– Investment of private capital in U.S. companies seeking to do business in Africa.
â– â– Increasing strategic partnerships between U.S. corporations and African companies.
â– â– Training of African Stock Exchanges by the U.S.
Securities and Exchange Commission.
While there are many factors that currently limit the
amount of business activity between U.S. companies
and African countries, the opportunities are substantial. As such, the U.S.
government and the U.S. private
sector must continue to eliminate and overcome these
challenges. African business can generate an enormous
volume of business transactions under the right circumstances.
So as the business in Africa attempts to take off,
the U.S. and U.S. businesses should lead the way.
â–
ALONZO L. LLORENS (allorens@gordonrees.
com) is a partner with Gordon & Rees LLP and a
member of the Business Transactions Practice
Group.
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 5
. CAREER EVOLUTION
BY DEANNA D. ALLEN
Pearls of Wisdom from Your Peers
THIS COLUMN HAS PROVIDED ME WITH A PLATFORM to encourage attorneys to take active ownership of their careers, to not overlook the importance
of developing their soft skills and to be proactive and persistent about finding
(or, if necessary, rooting out) opportunities for career development. In this,
the last installment of this column for the year, I share responses to two professional development questions that I posed to several senior-level in-house
attorneys whose careers are thriving. I know from personal observation and
experience that these attorneys care deeply about our profession and believe
that diversity plays a positive and synergistic role in their own development
and in that of the profession at large.
Question 1: Describe something you have done as part
of your personal professional development that had a
very positive impact on your
career.
“Building my personal brand
to reflect the qualities my
[company] values most has
signiï¬cantly and positively
impacted my career development.
My internal clients rely on my
brand’s consistency, and I thrive on
representing my brand unapologetically and without compromising my
ethics and values.”
“I took a job at a litigation boutique
law ï¬rm right out of law school.
The skills that I acquired from that
experience in terms of critical thinking, managing cases and people, and
managing client expectations have
proven to be very valuable in my
professional career.”
“I helped form and lead the Hispanic and Latino employee affinity
group. It enabled me to get out of my
6 DIVERSITY & THE BAR
NOV.DEC.2015 MCCA.COM
ISTOCK
comfort zone, do something totally
different, meet new people across
the organization and get out into the
community. Personally, I found it
very rewarding to build something
new that would have an impact.”
is hugely important to stay positive
and say to yourself, ‘Six months
from now I will be in a much better
place.’ Develop your professional
relationships now.”
“I decided to stay at a large ï¬rm,
even though it was not a good ï¬t.
I
talked with my mentors who helped
me develop a plan to gain the experiences from the ï¬rm that would be
most beneï¬cial to me professionally.
I learned that you need to have a
plan for every position you
take.”
The above responses provide
me the privilege of closing
out the final column of 2015
with messages of honesty, grit,
vulnerability, strength and
strategic vision that underscore what I hope have been
key themes of this column.
Regardless of whether your
career feels like it’s skyrocketing or stagnating, be strategic, be
genuine, be engaged, be determined
and be resourceful. We each are
works in progress, and we each experience ups and downs. Throughout it all, however, we each have
tremendous power to direct where
we go within the profession—I hope
that this column has encouraged you
to fully use yours! â–
Question 2: Describe a time when
you faced a difficult career challenge.
How did you deal with it,
and what did you learn from it?
“I have been laid off twice. During
the time of a job transition, the
uncertainty is extremely stressful. It
DEANNA D.
ALLEN
(dallen@cooley.com) is a
partner at Cooley LLP and
a member of the
Intellectual Property
Litigation and Patent
Counseling & Prosecution
practice groups.
. DIVERSE PROFESSIONAL DEVELOPMENT
BY LUCY L’HIRONDELLE
Calgarians Celebrating Diversity
NEVER SAY NEVER. A lot can happen in a few short years, as evidenced by the progress that Calgary has
made as a city in terms of promoting and supporting diversity and inclusion, and Norton Rose Fulbright
Canada LLP (Norton Rose Fulbright) is ecstatic to be an active leader and contributor to such progress. While
our commitment to diversity and inclusion spans many diverse communities, our continued support of, and
contribution to, the LGBTQA community is but one testament of the firm’s commitment to further promote and
support diversity and inclusion.
Our Montréal, Toronto and Ottawa
offices have actively supported LGBTQA
organizations such as Pride at Work,
Out on Bay Street, Out on the Shelf,
Egale Canada, GRIS-Montréal and the
Canadian Centre for Gender and Sexual
Diversity, to name a few. The Calgary
office has recently picked up the pace
on its support, having become a strong
supporter of Calgary Pride, the SHARP
Foundation and Pride at Work.
In the
past year alone, the Calgary office has
emerged as a true leader in the LGBTQA
community in Calgary and has become
the first national firm sponsor of Calgary
Pride in 2014–15 and the exclusive named
sponsor of the Pride kickoff party.
The involvement of our Calgary
office with the SHARP Foundation,
Calgary Pride, Pride at Work and others
has shown us that LGBTQA events are
on the rise and gaining momentum,
with attendance at longstanding events
at an all-time high. A perfect example is
the new parade route for this year’s Calgary Pride Parade, which after 25 years,
has outgrown its traditional Eighth
Avenue route.
The increased involvement of this
office in Calgary’s LGBTQA community
mirrors a shift in the manner in which
Calgarians tend to see and promote
diversity in the city. Spurred by Mayor
Naheed Nenshi’s election in 2010, the
city of Calgary has made great headway
in celebrating diversity, inclusion and
human rights.
Mayor Nenshi constantly
stresses that “It’s about inclusion. It’s
about diversity. And the thing that makes
us successful, as I’ve said many, many
times, is that here in this city we welcome everyone, and we give everyone the
chance to live a great life.” Norton Rose
Fulbright couldn’t agree more.
Brian Burke’s move to the Calgary
Flames may prove to be another significant factor in effecting change to the
once conservative cow-town.
Burke has
been a well-known gay rights ambassador and has spoken at multiple seminars
and events on the topic of inclusion and
anti-bullying. This is an important message for everyone, and we can be proud
that it is one associated with Calgary’s
NHL team.
Merging the LGBTQA community
with the corporate community is the
next big step for Norton Rose Fulbright’s
National Pride Committee. I serve as the
Calgary representative on the committee,
and my work facilitating connections
between the corporate-focused organizations with community ones is a central
focus of my involvement.
As a major
international firm, we are in the position
to leverage our size and scope to make
a change. We choose to be a part of the
communities around the globe in which
our firm conducts business and to focus
not only on corporate initiatives but also
important community projects. I credit
this holistic approach as the innovative
heart of the Calgary office.
Supporting
corporate diversity is just good business,
and many firms are starting to realize
that. It is in the support of the community organizations that we stand out.
Clients look to Norton Rose Fulbright
to use the synergies it has developed
across multiple jurisdictions, and this
holistic approach is just another method
of developing those synergies. The firm’s
work does not stop at its office doors,
and neither does its support of diversity
and inclusion.
While we are proud to be
an industry leader in Calgary, greater
strides toward creating a more diverse
and inclusive city will be better developed as more companies and firms get
on board. â–
LUCY L’HIRONDELLE (lucy.
lhirondelle@nortonrosefulbright.
com) is an associate in the
Litigation Practice Group at the
Calgary office of Norton Rose
Fulbright. Her focus is on
commercial litigation, and she is
acquiring experience in management-side
employment matters.
She is a member of the
National PRIDE Committee and volunteers with
ProBono Alberta. The author wishes to thank
Elisabeth Trotter and Noren Hirani, students at
Norton Rose Fulbright Canada LLP, for their
contributions.
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 7
. GENERAL COUNSEL INSIGHT
BY MIGUEL R. RIVERA SR.
Creating and Sustaining an
Effective Partnership with the Business
NOTHING IS MORE IMPORTANT TO THE EFFECTIVENESS of an in-house
legal solutions to real-world business
problems is how an in-house attorney
attorney than the relationship she forms with her business partners. The
creates partnerships and maintains
relationship between outside counsel and the business client is one of
trust.
contract and choice and is primarily a managed business affiliation. However,
Pragmatism
the in-house attorney’s relationship with the business client is direct and
The legal advice she gives as in-house
personal and not one that leaves the business client with much of a realistic counsel must be pragmatic.
An acachoice. The in-house attorney must be cognizant of this difference and work demic approach that is correct legally
but that does not provide real-world
deliberately to maintain a solid and close relationship with the business.
solutions does nothing for the client,
Trust
The single most important characteristic impacting an in-house counsel’s
ability to be an effective advocate for
her business partners is a strong relationship of trust. Trust is the milieu
in which the attorney-client relationship thrives and grows.
The trust her
business partners have in her is the
in-house attorney’s most important
The emotional release that
the client has after issues
are resolved binds the client
to the attorney and creates
bonds of trust that will serve
to make the in-house attorney
more effective in providing
advice in the future.
and valuable asset. Trust is difficult to
earn and easily lost. Trust comes from
spending time with the client, understanding the business and being in the
trenches with the business partner
during times of stress and difficulty.
It comes when the in-house attorney devotes the time, energy, mental
focus and her significant abilities and
experience to resolving difficult issues
for the client.
The emotional release that the client has after issues are resolved binds
the client to the attorney and creates
bonds of trust that will serve to make
the in-house attorney more effective
in providing advice in the future.
The
in-house attorney must protect her
relationship of trust with the client
and ensure that nothing she does
undermines that trust.
Partnership
Too many times law departments become the place where ideas go to die,
where projects are slow tracked and
where far too frequently the answer
is “no.” This erodes trust and destroys
the partnership. In-house attorneys
must learn to close doors only when
they open other doors for the client
and find other ways to achieve the
businesses’ objectives and strategies.
The business must see the in-house
attorney as its partner in achieving its
businesses strategies. If the business
does not, it will ignore her advice,
or worse, refuse to seek her advice.
Working hard to comply with the law,
regulations, ethics and good business practices while finding creative
8 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
and it quickly erodes both trust and
partnership.
Being “right” may make
the in-house attorney feel good, but
it does nothing for the client, and it
does nothing to move the business. An
attorney’s advice that can be operationalized and that helps achieve the
businesses’ goals and strategies, while
complying with the law and ethics, in
ways that are effective and practical, is
pragmatic legal advice.
Practicing law as an in-house
attorney is rewarding and challenging.
The most rewarding relationships are
those formed based on trust earned,
an effective partnership and success
that comes to the business because of
pragmatic legal advice. The in-house
attorney cannot go wrong working
to achieve these three relationship
attributes.
Achieving this will lead to a
successful and long-term relationship
with the business. â–
MIGUEL R. RIVERA SR.
(rmiguel60@aol.com) is a
former general counsel and
commissioner of labor.
.
2016 Calendar of Events
April 13-16
General Counsel Summit
PGA National Resort & Spa
Palm Beach Gardens, FL
July 18
Creating Pathways to Diversity®
Conference
Renaissance Hotel
Washington, DC
Eric Holder
Former U.S. Attorney General
Lifetime Achievement
Honoree
July 19
October 6-7
John F. Kennedy Center for the
Performing Arts
Hyatt Regency New Orleans
New Orleans, LA
Diversity Gala
Washington, DC
CLE Expo
Visit www.mcca.com/events
For sponsorship opportunities, visit www.mcca.com/events for more details
please contact Shikha Bhatnagar, Director of Development at sponsorship@mcca.com or 202.739.5902.
. SPOTLIGHTING
BY PATRICK FOLLIARD
Ramón A. Abadin
RAMÓN A. ABADIN IS ON A MISSION and, as the president of the third
largest bar association in the nation, in an ideal position to effect change.
As president of The Florida Bar, he is determined to bring the legal industry
into the 21st century, challenging attorneys to recognize the importance of
technology and the ways in which it is transforming the legal marketplace.
“Technology is changing every
aspect of our practice,” Abadin
says. “For instance, a little over
five years ago there was no iPad,
and now my entire work life is
conducted from this device.
Technology changed my practice and,
similarly, it’s changing the entire
legal profession in terms of how
we practice, where we practice and
how legal services are delivered.
As a result, the marketplace also
There will be huge opportunities
for those who embrace new
technology. Lawyers can serve
more customers and have a
better life.
has evolved and is no longer lawyer-centric—it’s consumer-centric.”
According to Abadin, a Cuban-American, who practices with
the international litigation firm
Sedgwick LLP, it is imperative
for attorneys to understand and
welcome these changes. He is convinced that those who adapt will
survive and ultimately thrive.
“There will be huge opportunities for those who embrace new
technology,” Abadin says.
“Lawyers
10 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
can serve more customers and have
a better life. Technology allows
you to work from anywhere, which
impacts our business and our personal lives. It means, for example,
that commuting times are down
and family time is up.”
Abadin also notes that technology creates additional opportunities for minorities in the legal
community—an advancement
that he strongly supports as a
Cuban-American and advocate for
a diversified legal profession.
Corporate clients can more easily hire
minorities directly at various firms
to do subject-specific work.
“Minority attorneys can now
go to a client and say, ‘I have the
right experience; I can offer a
better price and a quicker turnaround, and I don’t have to be in
a big firm,’” Abadin says. “And if
we don’t adapt and embrace that
change, I don’t think the current
model that we’re under will survive very long.”
In addition to his responsibilities to The Florida Bar, Abadin is an
accomplished trial attorney who focuses his practice on complex commercial and business litigation with
an emphasis on insurance matters
from the firm’s Miami office. He
has represented some of the world’s
largest, international corporations
in their most high-stakes legal challenges and has amassed a lengthy
list of achievements in his threedecade-long career.
Despite his
accomplishments, however, Abadin
recognizes that he, too, must continue to evolve and embrace change
to be successful.
“I’m 56. Without changing, I
can survive another 10 years—
maybe,” he says. “But as a firm
leader and bar president, I have
an obligation to make sure other
lawyers can stay in business and
practice law, which requires that I
also embrace the change.”
Larry D.
Smith, a founding
partner of Southern Trial Counsel
PLC in Orlando, and a member of
The Florida Bar is unsure old dogs
can learn new tricks. But, that said,
he adds, “Ray [Abadin] presents the
need for technological advances in
the legal community with a clear
sense of urgency, framed with a rapidly changing global environment.
Ray is already there and reaching
back to help slow learners like me.”
Abadin’s advice is welcome, says
Smith. “Ray leads from within; that
is, he internally motivates people to
want to do better. He has a simple,
clear vision, which he implements
with confidence and courage. He
guides those around him with an
easy hand, encouraging them to do
better, rather than demanding that
they not do less.”
Abadin’s strong values of
leading by example and working
hard are unsurprising considering
his roots and upbringing.
Born in
Cuba, Abadin immigrated with his
family to the United States when
he was one year old.
“When we left, my parents took
only one suitcase filled with baby
. clothes and diapers for
me. They believed we’d
be going back soon. But
it didn’t quite work out
that way.”
Instead, the family
resided first in Atlanta,
relocated to New Orleans and later settled
in Miami. Abadin’s
father, who had been
a lawyer in Havana,
worked a number
of different jobs to
support their family.
Despite dealing with a
significant transition to
a new country, Abadin
describes an idyllic
childhood where he
played ball with the same friends every
day after school and neighbors who were
like extended family.
“My parents stressed the value of
things that couldn’t be taken from you:
education, integrity, friendship,” he says,
“And hard work—there’s no substitute for
hard work.”
Abadin took this message to heart,
and he also held numerous odd jobs that
required hard work from a young age,
starting with a paper route.
While earning
his bachelor’s degree at Tulane University, he also spent summers on a Mississippi
dredge boat. He worked his way through
a law degree at Loyola University New
Orleans School of Law, which laid the
foundation for his active and successful
trial practice.
“I love the complicated, hard cases.
And I love to go to trial,” Abadin says. “Of
course, most cases are litigated to a resolution outside of court, which is often in
the client’s best interest.
But I’m happiest
in court.”
Juliet M. Roulhac, regional manager
and an attorney at Florida Power & Light
Company, says Abadin gets to the heart
of the matter very quickly and frames the
case from the beginning.
“He is very transparent and says
what he thinks and does what he says,”
Roulhac said. “He is a strong trial lawyer,
so much so that I recommended him to
co-counsel in a significant FPL matter
that the company was defending.
His
transparency will serve him well as bar
president, also.”
It just so happens that Abadin’s term
as president of The Florida Bar is coinciding with the opening of Cuba, and he is
delighted.
“My term as Bar president could have
been a year later or earlier, but it has
worked out very serendipitously. I’ve said
publicly that I want to take the bar on a
high-level delegation to meet with the Cuban government and legal establishment
to explore building a legal framework
where we can work with each other.”
And because he speaks
perfect Spanish (neither
his English nor Spanish is
accented), Abadin has a leg
up. “I was recently speaking
with Cuban diplomats, and
my Spanish gave me a visceral
connection with them.
No
filter. No need to interpret
nuances or inflections. It was
a substantive conversation.”
As a Cuban-American
who has received support
and guidance from many
mentors throughout his career, Abadin believes in paying it forward by supporting
the advancement of qualified minorities and women
in the Bar.
During his tenure
as president-elect of The Florida Bar,
for instance, he appointed the highest
number of women to leadership and
committee positions of any of the Bar’s
past presidents to date.
“The only barrier had been the pen of
the person making the appointments. I had
an opportunity to change that, so I did.”
In the same straightforward and
determined manner, Abadin hopes also to
effect change with his focus on technology. “The changes are truly cataclysmic,”
he says.
“The law is the last professional
bastion to be affected by the rapid change
in technology, and there is a lot coming
its way.
“Many of us lawyers are risk averse by
nature and creatures of comfort. We’re
wired to look backward and be cautious,”
Abadin says. “But right now we need to be
more flexible and think toward the future.
Only then will we succeed.” â–
PATRICK FOLLIARD (epf2810@gmail.com) is a
freelance writer based in Silver Spring, Md.
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 11
.
S U R V E Y
C O U N S E L
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Minorities
and Women
as Legal Chiefs
IN THE OFT-TOLD “STARFISH THROWER” STORY,
an adult happens upon a child along a shoreline who is
tossing beached starfish back into the water one at a time.
“Why?” the adult asks. Most or all of the creatures will
likely wash up on the sand again.
The youngster points out that his effort is important
to each starfish.
This tale is a reminder that each of us can
make a difference—if we try.
Granted, it can seem impossible against
the constant tides of adversity. It’s tempting to
give up or not bother at all. Some struggles cannot
be won.
On the other hand, we won’t know which endeavors
will prove successful if we don’t try.
12 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
.
JOIN US FOR A LOOK
at the current representation
of minorities and women among
Fortune® 500 and Fortune® 1000 general
counsel. You’ll likely see how you can
help bring sea change to improve the
hiring, promotion and retention of
these historically underrepresented
populations in corporate leadership.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 13
. Minorities as General Counsel
M C C A’ S 1 6 T H A N N U A L G E N E R A L
C O U N S E L
S U R V E Y
Can Slipping Backward Result in Moving Forward?
By Lydia Lum
ONE IN FOUR AFRICAN-AMERICANS who were Fortune®
500 legal chiefs a year ago have vacated those posts, fueling
a dip in the number of minority general counsel among
these companies.
Only 51 GCs of color populate the Fortune® 500, according to this year’s MCCA General Counsel Survey. The
previous roster had 54 minorities.
Yet more than 60 of these companies have appointed
new chief counsel since the previous survey. This excludes
businesses employing interim or acting general counsel.
“The decrease in minority GCs is particularly alarming
Minorities Fortune® 500
because of the tremendous turnover across the board,”
says Joseph K. West, MCCA president and CEO.
“There
has been plenty of opportunity in the past year, so there’s
clearly a need for more bench strength.”
Retirement is one of the reasons behind the Fortune®
500 losing 25 percent of its African-Americans from the
previous survey.
“Even those GCs lost to attrition reinforce my point,”
West says. “Corporations have historically done a better job
than law firms in developing diverse talent, but corporations also struggle to keep momentum going.”
2014
RANK
2013
RANK
COMPANY
GENERAL COUNSEL
AmerisourceBergen
John Chou
16
28
Wholesalers: Health Care
Citigroup
Rohan Weerasinghe
28
26
Commercial Banks
Home Depot
Teresa Wynn Roseborough
33
33
Specialty Retailers: Other
MetLife
Ricardo Anzaldua
39
42
Insurance: Life, Health (stock)
Google
David C. Drummond
40
46
Internet Services and Retailing
PepsiCo
Tony West
44
43
Food Consumer Products
United Parcel Service
Teri Plummer McClure
47
50
Mail, Package and Freight Delivery
United Continental Holdings
Brett Hart
79
78
Airlines
Cigna
Nicole Jones
90
97
Health Care: Insurance and Managed Care
3M
Ivan Fong
98
101
Miscellaneous
Publix Super Markets
John Attaway Jr.
101
104
Food and Drug Stores
McDonald’s
Gloria Santona
110
106
Food Services
U.S.
Foods
Juliette Pryor
128
133
Wholesalers: Food and Grocery
Raytheon
Frank R. Jimenez¹
129
126
Aerospace and Defense
Aflac
Audrey Boone Tillman
132
125
Insurance: Life, Health (stock)
Abbott Laboratories
Hubert Allen
134
136
Medical Products and Equipment
Fluor
Carlos Hernandez
136
109
Engineering, Construction
Xerox
Don H. Liu
143
137
Information Technology Services
Cummins
Sharon Barner
154
168
Construction and Farm Machinery
eBay
Marie Oh Huber¹
172
180
Internet Services and Retailing
PG&E Corp.
Hyun Park
182
183
Utilities: Gas and Electric
Centene
Keith Williamson
186
251
Health Care: Insurance and Managed Care
Office Depot
Elisa D.
Garcia C.
194
248
Specialty Retailers: Other
Bristol-Myers Squibb
Sandra Leung
195
176
Pharmaceuticals
Illinois Tool Works
Maria Green
201
171
Industrial Machinery
CBS
Lawrence P. Tu
212
182
Entertainment
14 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
INDUSTRY
. 2014
RANK
2013
RANK
Barry Caldwell¹
217
207
Waste Management
SYNNEX
Simon Leung
220
260
Wholesalers: Electronics and Office Equipment
DaVita HealthCare Partners
Kim Rivera
231
230
Health Care: Medical Facilities
Consolidated Edison
Elizabeth Moore
236
225
Utilities: Gas and Electric
Entergy
Marcus Brown
241
242
Utilities: Gas and Electric
Praxair
Guillermo Bichara¹
249
233
Chemicals
Guardian Life Ins. Co. of America
Tracy Rich
254
245
Insurance: Life, Health (Mutual)
Ross Stores
Ken Jew¹
269
277
Specialty Retailers: Apparel
Unum Group
Lisa Iglesias¹
279
272
Insurance: Life, Health (stock)
Corning
Lewis Steverson
297
343
Network and Other Communications Equipment
Targa Resources
Paul Chung
329
395
Pipelines
Avis Budget Group
Michael Tucker
336
340
Automotive Retailing, Services
Broadcom
Arthur Chong
340
328
Semiconductors and Other Electronic
Components
Dover
Ivonne Cabrera
346
301
Industrial Machinery
American Family Insurance Group
Mark Afable
358
373
Insurance: Property and Casualty (Stock)
Hershey
Leslie Turner
376
366
Food Consumer Products
PetSmart
Paulette Dodson
386
376
Specialty Retailers: Other
Agilent Technologies
Hajime Tada¹
389
384
Scientific, Photographic and Control Equipment
Huntington Ingalls Industries
Kellye Walker¹
390
382
Aerospace and Defense
Peabody Energy
A. Verona Dorch¹
398
365
Mining, Crude-Oil Production
Symantec
Scott Taylor
405
378
Computer Software
Anixter International
Justin Choi
420
420
Wholesalers: Diversified
Spectra Energy
Reginald Hedgebeth
449
461
Pipelines
Asbury Automotive Group
George Villasana
450
472
Automotive Retailing, Services
Hanesbrands
Joia Johnson
490
530
Apparel
COMPANY
GENERAL COUNSEL
Waste Management
INDUSTRY
New to list
1
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 15
S U R V E Y
C O U N S E L
GCs marked the first time the figure had broken into the
50s.
In 2013, it was 48. In 2012 and 2011, the minority head
counts were 45 and 41, respectively.
“It’s disappointing to see the number of minority GCs in
the Fortune® 500 backslide after several years of increases,”
says Michelle Banks, chair of MCCA’s board of directors. A
board member since 2007, Banks is executive vice president, global general counsel, corporate secretary and chief
compliance officer at Gap (188).
MCCA board member Ricardo Anzaldua believes these
modest annual head counts of minority legal chiefs might
result from the same problem that has historically held
down the numbers of law firm partners of color: a lack of
sponsorship.
M C C A’ S 1 6 T H A N N U A L G E N E R A L
He adds, “This illustrates the importance of MCCA’s
ongoing efforts.
In addition to increasing and improving
talent development, corporations need to seek out more
diverse candidates when they’re hiring.”
Although their representation in the Fortune® 500 has
dwindled, African-Americans haven’t been completely shut
out of recent job opportunities.
Barry Caldwell was promoted to chief legal officer at
Waste Management (217). Two women have won GC jobs
this year: Kellye Walker jumped to Huntington Ingalls Industries (390) from American Water Works, and A. Verona
Dorch joined Peabody Energy (398) from Harsco.
Still, some longtime diversity champions view these
bright spots as far too few.
After all, last year’s 54 minority
. S U R V E Y
C O U N S E L
“If you look at any organization, sponsors tend to identify protégés who look like them, so it was rare for diverse
professionals to have white, male sponsors,” says Anzaldua,
who rose to partner during his 17 years at Cleary Gottlieb
Steen & Hamilton LLP. “Consequently, diverse lawyers
were less likely to draw assignments they needed to make
partner. There was often lack of rapport and lack of communication between supervising partners and the diverse
associates.”
Interestingly, a critical mass of diversity populated the
junior ranks.
“Some years, the proportion of women among first-year
associates was 50 percent and for people of color, 20 percent,” Anzaldua recalls. “But the demographics of partners at the firm never looked anything like the incoming
Minorities Fortune® 501–1000
class.
It was still primarily white men, so the attrition was
remarkable.”
He adds, “I don’t think there’s deliberate focus on running away from diverse general counsel, just like there isn’t
deliberate effort to avoid having diverse partners at law
firms. When you get down to it, it’s important to educate
people about unconscious bias. And if we’re going to better
diversify the legal profession, women and minorities need
to have adequate sponsorship.”
At MetLife (39), where Anzaldua is currently executive
vice president and general counsel, the legal department is
in the process of launching a sponsorship initiative targeting junior counsel whose energy and commitment indicate
they’re potentially high performers.
These racially diverse
lawyers also include white men.
2014
RANK
2013
RANK
Tracy Preston
533
527
Specialty Retailers: Apparel
Sheri Edison
534
492
Packaging, Containers
Zoetis
Heidi Chen
538
NVIDIA
Brian Cabrera
553
589
Semiconductors and Other Electronic
Components
MasTec
Alberto de Cardenas
562
567
Engineering, Construction
Andersons
Naran Burchinow
569
453
Food Production
KeyCorp
Paul Harris
592
541
Commercial Banks
Towers Watson
Kirkland Hicks
676
648
Diversified Outsourcing Services
Smart & Final Stores
Donald Alvarado
677
Lennox International
John Torres
693
689
Industrial Machinery
Hubbell
An-Ping Hsieh
695
705
Electronics, Electrical Equipment
Alliant Energy
James Gallegos
697
687
Utilities: Gas and Electric
C.R. Bard
Samrat Khichi¹
700
720
Medical Products and Equipment
EP Energy
Marguerite Woung-Chapman
721
990
Mining, Crude-Oil Production
Citrix Systems
Tony Gomes¹
725
741
Network and Other Communications Equipment
Varian Medical Systems
John Kuo
745
737
Medical Products and Equipment
Sabre
Rachel Gonzalez
763
712
Internet Services and Retailing
Carter’s
Michael C. Wu
779
798
Apparel
WGL Holdings
Leslie T.
Thornton
801
849
Energy
SunEdison
Martin Truong
869
967
Semiconductors and Other Electronic
Components
Newfield Exploration
Timothy D. Yang¹
903
790
Mining, Crude-Oil Production
Triple-S Management
Carlos L. Rodríguez-Ramos
919
865
Health Care: Insurance and Managed Care
Hawaiian Holdings
Hoyt Zia
920
926
Airlines
Public Storage
Lily Yan Hughes¹
952
974
Miscellaneous
Popular
Javier D.
Ferrer-Fernández¹
970
820
Commercial Banks
RCS Capital
James A. Tanaka
981
GENERAL COUNSEL
Neiman Marcus Group
Bemis
M C C A’ S 1 6 T H A N N U A L G E N E R A L
COMPANY
New to list
1
16 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
INDUSTRY
Pharmaceuticals
Food and Drug Stores
Securities
. The minority legal chiefs in the Fortune® 500 this year consist of 31 men and 20 women. That’s a net loss of two men
and one woman from a year ago.
The breakdown by race this year is 25 African-Americans,
11 Hispanics and 15 Asian-Pacific Americans. One of the
latter is South Asian. The previous survey yielded 29 African-Americans, 10 Hispanics, 14 Asian-Pacific Americans—
one of whom was South Asian—and one multi-ethnic.
When surveying Fortune® 501–1000 companies—also
known as Fortune® 1000—the current roster has 26 GCs of
color, four more than a year ago.
But it’s important to note that this net increase in the
head count doesn’t result from hiring and promotion alone.
In fact, it stems partly from companies that climbed into the
Fortune® rankings for the first time or returned to the list
after an absence.
Two examples are GCs Donald Alvarado and Heidi Chen.
Alvarado has held his post at Smart & Final Stores (677) since
1991.
At Zoetis (538), Chen was named general counsel in 2012.
Currently, the Fortune® 1000 has 19 men and seven women, with the latter tally unchanged from a year ago, plus a net
gain of four men.
The breakdown by race this year is five African-Americans, nine Hispanics, 10 Asian-Pacific Americans and two
multi-ethnics. The previous survey showed eight African-Americans, seven Hispanics, six Asian-Pacific Americans and one multi-ethnic.
Career Moves
The people of color who recently became the top lawyers at
the nation’s 1,000 most prosperous companies include Frank
R. Jimenez, who joined aerospace and defense titan Raytheon
(129).
Earlier in his career, Jimenez was chief counsel at Xylem
and ITT. He has also held jobs at the U.S. Department of Defense
and the U.S.
Department of Housing and Urban Development.
Elsewhere, Internet marketplace eBay (172) successfully
bid for the services of Marie Oh Huber, who most recently
Renewed Call to Action
Anzaldua, the MetLife GC and MCCA board member, believes that he and his GC peers are in ideal positions to effect
change and expand opportunities for others.
“Becoming a GC is not the end of the line,” Anzaldua says.
“It’s a beginning. Those of us who are diverse GCs should
not just give speeches, nor should we just complain about
old-school attitudes. Let’s talk about what else we can do to
address this problem.”
Otherwise, he and others say, this year’s roster of 77
minority general counsel among the nation’s 1,000 biggest
corporations won’t grow soon—if at all.
As it is, the head
count is only one more than a year ago.
“It’s important to drop the ladder down for others,” Anzaldua says. “We have a serious, moral obligation to do so.”
A freelance writer and editor, LYDIA LUM (lydialum999@yahoo.com) is a
former reporter for the Houston Chronicle and Fort Worth Star-Telegram.
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 17
S U R V E Y
C O U N S E L
By the Numbers
ran the law department of Agilent Technologies. That led to
Hajime Tada becoming interim GC of Agilent (389), where
he previously served as lead counsel of the largest business
unit at the company.
Guillermo Bichara secured a promotion at Praxair (249)
when James Breedlove retired from the industrial gas distributor, and at Ross Stores (269), Ken Jew rose to general
counsel.
Lisa Iglesias, who has appeared in MCCA’s survey
more years than not, left WellCare Health Plans for Unum
Group (279).
After appearing in another MCCA survey with Catalent
Pharma Solutions, Samrat Khichi now leads the legal team at
C.R. Bard (700). Tony Gomes was promoted to general counsel of Citrix Systems (725), which devises mobile workspace
solutions.
Lily Yan Hughes became GC at Public Storage (952),
while Timothy D.
Yang was hired to the counterpart position
at Newfield Exploration (903). Formerly the legal chief at
another company, Yang is a 12-year veteran of the oil and
natural gas exploration and production sector.
At Popular (970), Ignacio Álvarez was promoted from
chief legal officer to president and chief operating officer,
which paved the way for the commercial banking company to hire Javier D. Ferrer-Fernández.
Formerly in private
practice, Ferrer-Fernández has also been president of the
Government Development Bank for Puerto Rico.
Departures include Teresa Sebastian from Darden
Restaurants, Ricardo Nuñez from HD Supply, Gregory Nixon
from CH2M Hill and R. Rene Carson from INTL FCStone.
Douglas Williams retired from L Brands, as did Roderick Palmore from General Mills. Palmore has shifted to private practice.
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Each senior member of Anzaldua’s legal team is required
to sponsor at least one of these junior professionals.
They devise career development plans for the junior counsel based
on career goals. A securities lawyer, for instance, should be
involved with a public offering, while a litigator ought to be
first chair on a case.
“The idea is to create professional competencies and not
just drop them into our organization to fend for themselves,”
Anzaldua says of the junior lawyers.
To hold sponsors accountable, their work with the
protégés becomes part of their annual performance review.
Anzaldua says he welcomes ideas besides sponsorship, too.
. S U R V E Y
C O U N S E L
Women as General Counsel
Progress in Spite of Disparities and Disadvantages
By Lydia Lum
ALTHOUGH MEN ENJOY a 2-to-1 advantage in landing
jobs as legal chiefs at Fortune® 500 companies, 120 women
have served in such roles this year, according to the annual
MCCA General Counsel Survey.
This head count is seven more than a year ago and 15
more than two years ago.
“It’s good to see a consistent increase in women in the
Fortune® 500,” says Michelle Banks, chair of MCCA’s board
of directors. “It will be significant to reach 25 percent and
then 30 percent.”
Women Fortune® 500
This is the fifth straight year that the roster of women
has topped 100.
Next year also holds promise, with women such as
Stacey Friedman poised to take charge of corporate law
departments.
Under a succession plan, Friedman is general counsel-designate at J.P. Morgan Chase & Co. and has been a
deputy to incumbent Stephen Cutler for several months.
Prior to joining the commercial banking titan in 2012,
Friedman was in private practice and represented J.P.
2014
RANK
2013
RANK
GENERAL COUNSEL
Walmart
M C C A’ S 1 6 T H A N N U A L G E N E R A L
COMPANY
Karen Roberts
1
1
General Merchandisers
Phillips 66
Paula Johnson
7
6
Petroleum Refining
McKesson
Lori A.
Schechter
11
15
Wholesalers: Health Care
UnitedHealth Group
Marianne Short
14
14
Health Care: Insurance and Managed Care
Kroger
Christine Wheatley
20
24
Food and Drug Stores
IBM
Michelle H. Browdy¹
24
23
Information Technology Services
Procter & Gamble
Deborah Majoras
32
31
Household and Personal Products
Home Depot
Teresa Wynn Roseborough
33
33
Specialty Retailers: Other
United Parcel Service
Teri Plummer McClure
47
50
Mail, Package and Freight Delivery
ConocoPhillips
Janet Langford Carrig
51
47
Mining, Crude-Oil Production
Prudential Financial
Susan Blount
55
72
Insurance: Life, Health (stock)
Lockheed Martin
Maryanne Lavan
64
59
Aerospace and Defense
FedEx
Christine Richards
65
64
Mail, Package and Freight Delivery
Honeywell International
Kate Adams
74
77
Electronics, Electrical Equipment
New York Life Insurance
Sheila Davidson
80
88
Insurance: Life, Health (Mutual)
Oracle
Dorian Daley
81
82
Computer Software
Nationwide
Patricia Hatler
85
91
Insurance: Property and Casualty (Mutual)
Deere
Mary K.W. Jones
86
80
Construction and Farm Machinery
DuPont
Stacy Fox
87
86
Chemicals
American Express
Laureen Seeger
88
90
Commercial Banks
Allstate
Susan Lees
89
92
Insurance: Property and Casualty (Stock)
Cigna
Nicole Jones
90
97
Health Care: Insurance and Managed Care
Sears Holdings
Kristin Coleman
99
87
General Merchandisers
TJX
Ann McCauley
103
108
Specialty Retailers: Apparel
NIKE
Hilary Krane
106
115
Apparel
Avnet
Erin Lewin
108
117
Wholesalers: Electronics and Office Equipment
18 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
INDUSTRY
.
2014
RANK
2013
RANK
Gloria Santona
110
106
Food Services
Sharon Ryan
114
105
Packaging, Containers
Occidental Petroleum
Marcia Backus
115
116
Mining, Crude-Oil Production
Duke Energy
Julie Janson
116
123
Utilities: Gas and Electric
Union Pacific
Gayla Thal
123
135
Railroads
Northrop Grumman
Sheila Cheston
124
122
Aerospace and Defense
Alcoa
Audrey Strauss
125
130
Metals
U.S. Foods
Juliette Pryor
128
133
Wholesalers: Food and Grocery
Aflac
Audrey Boone Tillman
132
125
Insurance: Life, Health (stock)
Community Health Systems
Rachel Seifert
135
192
Health Care: Medical Facilities
AbbVie
Laura J. Schumacher
146
152
Pharmaceuticals
Whirlpool
Kirsten Hewitt
148
153
Electronics, Electrical Equipment
HollyFrontier
Denise McWatters
150
145
Petroleum Refining
Cummins
Sharon Barner
154
168
Construction and Farm Machinery
Dollar General
Rhonda Taylor
159
164
General Merchandisers
Supervalu
Karla Robertson
164
94
Food and Drug Stores
Altria Group
Denise Keane
169
161
Tobacco
Tenet Healthcare
Audrey Andrews
170
229
Health Care: Medical Facilities
eBay
Marie Oh Huber¹
172
180
Internet Services and Retailing
ConAgra Foods
Colleen Batcheler
173
184
Food Consumer Products
United States Steel
Suzanne Rich Folsom
176
166
Metals
Colgate-Palmolive
Jennifer Daniels¹
179
167
Household and Personal Products
Starbucks
Lucy Helm
187
196
Food Services
Gap
Michelle Banks
188
178
Specialty Retailers: Apparel
Office Depot
Elisa D. Garcia C.
194
248
Specialty Retailers: Other
Bristol-Myers Squibb
Sandra Leung
195
176
Pharmaceuticals
COMPANY
GENERAL COUNSEL
McDonald’s
International Paper
INDUSTRY
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 19
S U R V E Y
C O U N S E L
tinized—and criticized—for employing meager numbers of
female engineers, software developers and senior executives.
But the GC post at tech companies has increasingly
had women in it for years—Dorian Daley has run the law
department at Oracle (81) since 2007, for instance—a trend
that shows no signs of tapering off.
One of the higher-profile moves this year was Marie Oh
Huber joining eBay (172) from Agilent Technologies. The
hiring of Huber coincided with eBay completing its spinoff
of PayPal. Louise Pentland, formerly Nokia’s chief legal
officer, became GC of the stand-alone provider of digital
payment platforms.
PayPal and eBay, which were born during the dot-com
boom of the 1990s, aren’t alone in giving women the nod
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Morgan in mortgage-backed securities litigation and its
purchase of Washington Mutual.
“The development of female talent is resulting in positive numbers and growth,” says Joseph K.
West, MCCA
president and CEO. “When talent development is purposeful, it pays dividends.”
Meanwhile, in keeping with MCCA’s survey findings
in recent years, a growing number of companies in historically male-dominated industries are choosing women to
hammer out legal issues.
Take engineering and construction, for instance. Officials at AECOM (343) hired Carla Christofferson as GC,
and their peers at KBR (424) promoted Eileen Akerson.
Elsewhere, the technology sector has been heavily scru-
.
2014
RANK
2013
RANK
S U R V E Y
Illinois Tool Works
Maria Green
201
171
Industrial Machinery
FirstEnergy
Leila Vespoli
206
195
Utilities: Gas and Electric
Whole Foods Market
Roberta Lang
214
218
Food and Drug Stores
Chubb
Maureen Brundage
215
208
Insurance: Property and Casualty (Stock)
Health Net
Kathleen Alyce Waters¹
216
254
Health Care: Insurance and Managed Care
Marathon Oil
Sylvia Kerrigan
227
188
Mining, Crude-Oil Production
DaVita HealthCare Partners
Kim Rivera
231
230
Health Care: Medical Facilities
Texas Instruments
Cynthia Hoff Trochu¹
233
227
Semiconductors and other Electronic
Components
C O U N S E L
Women Fortune® 500 (continued)
Consolidated Edison
Elizabeth Moore
236
225
Utilities: Gas and Electric
Visa
Kelly Mahon Tullier
238
238
Financial Data Services
CSX
Ellen Fitzsimmons
240
231
Railroads
VF
Laura Meagher
248
241
Apparel
J.C. Penney
Janet Link¹
250
235
General Merchandisers
CDW
Christine Leahy
253
265
Information Technology Services
PPL
Joanne Raphael¹
257
234
Utilities: Gas and Electric
R.R. Donnelley & Sons
Suzanne Bettman
258
268
Publishing, Printing
L Brands
Shelley Milano¹
262
263
Specialty Retailers: Apparel
Sherwin-Williams
Catherine Kilbane
266
278
Chemicals
Voya Financial
Trish Walsh¹
268
Sempra Energy
Martha Wyrsch
270
267
Utilities: Gas and Electric
Estée Lauder
Sara Moss
271
279
Household and Personal Products
Public Service Enterprise Group
Tamara Linde
274
284
Utilities: Gas and Electric
Unum Group
Lisa Iglesias¹
279
272
Insurance: Life, Health (stock)
Hilton Worldwide Holdings
Kristin Campbell
280
289
Hotels, Casinos, Resorts
Principal Financial
Karen Shaff
282
298
Insurance: Life, Health (stock)
Advance Auto Parts
Tammy Finley¹
294
402
Specialty Retailers: Other
Biogen
Susan Alexander
298
375
Pharmaceuticals
Precision Castparts
Ruth Beyer
302
322
Aerospace and Defense
Discover Financial Services
Kelly McNamara Corley
303
296
Commercial Banks
AutoZone
Kristen Collier Wright
307
300
Specialty Retailers: Other
Owens & Minor
Grace den Hartog
309
303
Wholesalers: Health Care
Hormel Foods
Lori Marco
310
311
Food Consumer Products
CenterPoint Energy
Dana O’Brien
313
334
Utilities: Gas and Electric
Thrivent Financial for Lutherans
Teresa Rasmussen
333
335
Insurance: Life, Health (Mutual)
AECOM
Carla Christofferson¹
343
332
Engineering, Construction
Dover
Ivonne Cabrera
346
301
Industrial Machinery
UGI
Monica Gaudiosi
349
362
Energy
FMC Technologies
Dianne Ralston¹
357
368
Oil and Gas Equipment, Services
SpartanNash
Kathy Mahoney
359
811
Wholesalers: Food and Grocery
WESCO International
Diane Lazzaris
360
349
Wholesalers: Diversified
The Williams Companies
Sarah C. Miller¹
370
380
Energy
Hershey
Leslie Turner
376
366
Food Consumer Products
M C C A’ S 1 6 T H A N N U A L G E N E R A L
COMPANY
GENERAL COUNSEL
20 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
INDUSTRY
Insurance: Life, Health (stock)
.
2014
RANK
2013
RANK
Julie Jackowski
382
389
Specialty Retailers: Other
Catherine M. Reynolds
383
394
Utilities: Gas and Electric
Foot Locker
Sheilagh Clarke
384
400
Specialty Retailers: Apparel
PetSmart
Paulette Dodson
386
376
Specialty Retailers: Other
Pacific Life
Sharon Cheever
387
333
Insurance: Life, Health (stock)
Huntington Ingalls Industries
Kellye Walker¹
390
382
Aerospace and Defense
Peabody Energy
A. Verona Dorch¹
398
365
Mining, Crude-Oil Production
Fifth Third Bancorp
Heather Russell Koenig¹
416
361
Commercial Banks
NiSource
Carrie Hightman
418
448
Utilities: Gas and Electric
KBR
Eileen Akerson¹
424
360
Engineering, Construction
Avery Dennison
Susan Miller
427
398
Chemicals
Gannett
Barbara Wall¹
441
481
Publishing, Printing
A-Mark Precious Metals
Carol Meltzer
444
Energy Future Holdings
Stacey Doré
446
438
Energy
Ingredion
Christine Castellano
462
412
Food Production
J.M. Smucker
Jeannette Knudsen
467
435
Food Consumer Products
Clorox
Laura Stein
469
451
Household and Personal Products
Booz Allen Hamilton Holding
Nancy Laben
475
443
Information Technology Services
Wynn Resorts
Kim Sinatra
477
452
Hotels, Casinos, Resorts
salesforce.com
Amy Weaver
483
599
Computer Software
Host Hotels & Resorts
Elizabeth Abdoo
485
477
Real Estate
Realogy Holdings
Marilyn Wasser
488
476
Real Estate
Hanesbrands
Joia Johnson
490
530
Apparel
Kindred Healthcare
M.
Suzanne Riedman
491
441
Health Care: Medical Facilities
Owens Corning
Ava Harter¹
498
475
Building Materials, Glass
McGraw Hill Financial
Lucy Fato
500
484
Financial Data Services
CMS Energy
Miscellaneous
¹New to list
to the general counsel job. Recent moves have occurred
among decades-old, mainstay companies that formed the
bedrock of technology as we know it today. For example,
Michelle H.
Browdy was promoted at IBM (24), as was
Cynthia Hoff Trochu at Texas Instruments (233).
“At least large tech is making a serious effort to diversify
their workforces and, to a certain extent, their corporate
leadership,” says Banks, who’s also executive vice president, global general counsel, corporate secretary and chief
compliance officer at Gap (188).
But that doesn’t preclude opportunities for women in
industries dating back to a seemingly bygone era.
Just ask Barbara Wall. When media giant Gannett (441)
finished dividing its print and broadcast properties into
two corporations this year, Wall was promoted to chief
legal officer of the entity housing USA Today and other
newspapers.
However, Banks and others haven’t lost sight of the fact
that, irrespective of industry type, men are hired and promoted
to GC posts in the Fortune® 500 twice as often as women are.
“It doesn’t surprise me,” Banks says of the disparity.
“Increased diversity has been consistently slow in coming
in the legal profession. Unconscious bias is alive and well,
unfortunately, in every work environment, including corporate America.”
One cohort of the Fortune® 500 that continues to lag in
advancement and representation is women of color.
This
year, white women outnumber minorities by about 5-to-1,
similar to what it was in MCCA’s previous survey.
Banks recalls how at a recent American Bar Association
event, a female minority honoree made this remark:“Minority women lawyers bear the burden of both their
color and gender,” Banks says, “yet enjoy the privileges of
neither.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 21
S U R V E Y
Casey’s General Stores
INDUSTRY
C O U N S E L
GENERAL COUNSEL
M C C A’ S 1 6 T H A N N U A L G E N E R A L
COMPANY
. C O U N S E L
S U R V E Y
Fortune® 501–1000
Currently, 95 corporations in the Fortune® 501–1000 employ women as top counsel. Two female co-GCs at NuStar
Energy (741) push the head count to 96 women.
A year ago, the head count was 95 women. While this
net increase might seem paltry, consider the fact that at
least five women from the previous survey have since
powered into the Fortune® 500, either by landing new
jobs or because they helped their companies sprint up the
standings. An example of the latter is GC Kathy Mahoney
at grocer SpartanNash (359), which rocketed 452 spots in
the revenue rankings.
Meanwhile, LINN Energy Legal Chief Candice J.
Wells
remains in the Fortune® 1000 but helped her employer
Women Fortune® 501–1000
climb 358 places to its current No. 520.
In fact, more than one-fourth of this year’s Fortune®
1000 class are knocking on the proverbial door of the elite
Fortune® 500, based on their positions, spanning No. 502
(Melissa M.
Buhrig of Northern Tier Energy) to No. 599
(Lauren Tashma of Graphic Packaging International).
Put another way, more than 25 percent of women in the
Fortune® 1000 pilot the legal departments at companies
ranked No. 599 or better.
Although some female GCs have exited the roster
because their employers have been acquired by other businesses since MCCA’s previous survey—Exelis and CareFusion are examples—others have vaulted into the Fortune®
1000 with their companies.
GENERAL COUNSEL
2014
RANK
2013
RANK
INDUSTRY
Northern Tier Energy
Melissa M.
Buhrig
502
525
Petroleum Refining
Fiserv
Lynn S. McCreary
512
508
Financial Data Services
ABM
M C C A’ S 1 6 T H A N N U A L G E N E R A L
COMPANY
Sarah Hlavinka McConnell
515
512
Diversified Outsourcing Services
WEC Energy Group
Susan Martin
519
545
Utilities: Gas and Electric
LINN Energy
Candice J. Wells
520
878
Mining, Crude-Oil Production
Cincinnati Financial
Lisa Love
525
543
Insurance: Property and Casualty (Stock)
Flowserve
Carey O’Connor
528
501
Industrial Machinery
Quad/Graphics
Jennifer Kent
531
513
Publishing, Printing
Burlington Stores
Janet Dhillon¹
532
551
Specialty Retailers: Apparel
Neiman Marcus Group
Tracy Preston
533
527
Specialty Retailers: Apparel
Bemis
Sheri Edison
534
492
Packaging, Containers
Zoetis
Heidi Chen
538
Robert Half International
Evelyn Crane-Oliver¹
552
577
Temporary Help
Colfax
A.
Lynne Puckett
559
579
Industrial Machinery
Lam Research
Sarah O`Dowd
563
647
Semiconductors and Other Electronic
Components
Northern Trust
Susan C. Levy
571
574
Commercial Banks
Intuit
Laura Fennell
572
544
Computer Software
Polaris Industries
Stacy Bogart
574
621
Transportation Equipment
Energizer Holdings
Kelly Boss¹
579
549
Household Products
Avaya
Amy Fliegelman Olli
581
520
Network and Other Communications Equipment
Hyatt Hotels
Rena Hozore Reiss
583
584
Hotels, Casinos, Resorts
Protective Life
Deborah Long
586
609
Insurance: Life, Health (stock)
Hasbro
Barbara Finigan
595
597
Toys, Sporting Goods
Tiffany & Co.
Leigh Harlan
597
604
Specialty Retailers: Other
Graphic Packaging International
Lauren Tashma
599
547
Packaging, Containers
FMC
Andrea Utecht
613
581
Chemicals
Xylem
Claudia Toussaint
626
617
Industrial Machinery
Genesis Energy
Kristen O. Jesulaitis
633
517
Pipelines
22 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
Pharmaceuticals
.
Some of the female legal chiefs in this year’s list have appeared previously with different companies.
Formerly of NCR, Jennifer Daniels has joined Col-
GENERAL COUNSEL
2014
RANK
2013
RANK
INDUSTRY
PolyOne
Lisa Kunkle
638
618
Chemicals
Brookdale Senior Living
Geri Krupp-Gordon
639
750
Health Care: Medical Facilities
Meritor
Sandra Quick
641
634
Motor Vehicles and Parts
Unified Grocers
Mary M. Kasper¹
643
635
Wholesalers: Food and Grocery
New Jersey Resources
Mariellen Dugan
649
699
Energy
Helmerich & Payne
Cara Hair¹
655
671
Oil and Gas Equipment, Services
Graham Holdings
Nicole Maddrey¹
670
614
Education
Cooper Standard
Aleksandra Miziolek
707
714
Motor Vehicles and Parts
ULTA Salon, Cosmetics & Fragrance
Jodi Caro¹
709
793
Specialty Retailers: Other
Green Plains
Michelle Mapes
712
721
Energy
EP Energy
Marguerite Woung-Chapman
721
990
Mining, Crude-Oil Production
SunGard Financial Systems
Victoria Silbey
724
585
Financial Data Services
TD Ameritrade Holding
Ellen Koplow
727
772
Securities
CME Group
Kathleen Cronin
732
738
Securities
International Flavors & Fragrances
Anne Chwat
737
734
Chemicals
NuStar Energy
Amy Perry, Karen Thompson
741
661
Pipelines
SunPower
Lisa Bodensteiner
748
835
Energy
Tempur Sealy International
Lou Jones
758
850
Home Equipment, Furnishings
Steelcase
Lizbeth O’Shaughnessy
759
753
Home Equipment, Furnishings
Sabre
Rachel Gonzalez
763
712
Internet Services and Retailing
Martin Marietta Materials
Roselyn Bar
764
923
Building Materials, Glass
Alere
Ellen Chiniara
766
725
Medical Products and Equipment
DENTSPLY International
Deborah Rasin
773
735
Medical Products and Equipment
Brinker International
Scarlett May¹
777
761
Food Services
Analog Devices
Margaret Seif
780
799
Semiconductors and Other Electronic
Components
Exide Technologies
Barbara Hatcher
784
732
Motor Vehicles and Parts
WABCO Holdings
Lisa J. Brown¹
785
778
Motor Vehicles and Parts
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 23
M C C A’ S 1 6 T H A N N U A L G E N E R A L
COMPANY
S U R V E Y
Greetings to Newcomers and Familiar Faces,
Farewell to Friends
gate-Palmolive (179). Lisa Iglesias kept insurance in hand
during the course of moving from WellCare Health Plans to
Unum Group (279), while Kellye Walker departed American Water Works for Huntington Ingalls Industries (390).
One-time Harsco GC A.
Verona Dorch now drills into
legal matters for Peabody Energy (398). Jodi Caro left Integrys Energy for ULTA Salon, Cosmetics & Fragrance (709),
and Janet Dhillon’s expertise in retail helped her jump
from J.C. Penney to Burlington Stores (532).
Burlington wasn’t the only clothier to tap a woman as
its top lawyer: Chico’s FAS (819) promoted Susan Faw, and
J.Crew Group (841) hired Maria Di Lorenzo.
Across U.S.
industries as wide-ranging as food services to
utilities, other women who have been hired as or promot-
C O U N S E L
They include Heidi Chen of pharmaceuticals manufacturer Zoetis (538), Catherine B. Callaway of energy provider
Dynegy (865) and Denise Faltischek of Hain Celestial Group
(967), a natural and organic foods and personal products
distributor. These women are anything but rookies, boasting
a combined 13 years as general counsel at these particular
corporations.
Callaway also spent four years as legal chief at
another energy producer before joining Dynegy.
. S U R V E Y
C O U N S E L
M C C A’ S 1 6 T H A N N U A L G E N E R A L
ed to legal chiefs include Janet Link at J.C. Penney (250),
Joanne Raphael at PPL (257), Trish Walsh at Voya Financial
(268), Dianne Ralston at FMC Technologies (357), Sarah C.
Miller at The Williams Companies (370), Heather Russell
Koenig at Fifth Third Bancorp (416), Evelyn Crane-Oliver
at Robert Half International (552), Kelly Boss at Energizer Holdings (579), Mary M. Kasper at Unified Grocers
(643), Cara Hair at Helmerich & Payne (655), Scarlett May
at Brinker International (777), Lisa J. Brown at WABCO
Holdings (785) and Carol Creel at Metaldyne Performance
Group (812).
At Diversity & the Bar’s press time, Cathleen Colvin was
interim GC at Pall (796).
L Brands (262) hired Shelley Milano.
As Starbucks’
general counsel in the late 1990s, Milano mentored many
in-house women, such as Lucy Helm, the coffee giant’s
current GC.
This year, Owens Corning (498) brought Ava Harter under its roof as chief counsel, while Lily Yan Hughes moved
to Public Storage (952). Meanwhile, officials at Eastman
Kodak (966) agreed that Sharon Underberg fit their image
of who a new GC ought to be.
After Sarah Powell left Advance Auto Parts (294), Tammy Finley’s promotion steered her into this fleet of female
leaders.
At Health Net (216), Kathleen Alyce Waters replaced the
retiring Angelee Bouchard, while Nicole Maddrey replaced
the retiring Veronica Dillon at Graham Holdings (670).
Retirements elsewhere include Robin Walker-Lee from
TRW Automotive, Claudia Cline from Convergys and Ellen
Oran Kaden from Campbell Soup. Kaden became the food
titan’s chief legal officer in 1998.
After 30 years at Prudential Financial, including the past
decade as general counsel, Susan Blount is transitioning out
Women Fortune® 501–1000 (continued)
COMPANY
GENERAL COUNSEL
2014
RANK
2013
RANK
INDUSTRY
Pall
Cathleen Colvin¹
796
796
Industrial Machinery
WGL Holdings
Leslie T.
Thornton
801
849
Energy
StanCorp Financial Group
Holley Franklin
804
755
Insurance: Life, Health (stock)
Teradata
Laura Nyquist
809
783
Computer Software
Metaldyne Performance Group
Carol Creel¹
812
Chico’s FAS
Susan Faw¹
819
815
Specialty Retailers: Apparel
Scripps Networks Interactive
Cynthia Gibson
820
828
Entertainment
ITT
Mary Beth Gustafsson
823
839
Industrial Machinery
Albemarle
Karen Narwold
837
804
Chemicals
J.Crew Group
Maria Di Lorenzo¹
841
860
Specialty Retailers: Apparel
Great Plains Energy
Heather Humphrey
846
855
Utilities: Gas and Electric
Kirby
Amy Husted
847
905
Miscellaneous
AOL
Julie Jacobs
858
882
Internet Services and Retailing
Paychex
Stephanie Schaeffer
860
879
Diversified Outsourcing Services
Tops Holding II
Lynne Burgess
864
844
Food and Drug Stores
Dynegy
Catherine B. Callaway
865
Tetra Tech
Janis Salin
870
805
Engineering, Construction
Donaldson
Amy Becker
873
858
Industrial Machinery
Medical Mutual of Ohio
Patricia Decensi
879
784
Insurance: Life, Health (Mutual)
Equinix
Brandi Galvin Morandi
884
930
Telecommunications
24 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
Motor Vehicles and Parts
Energy
. The 216 women who are top lawyers at the nation’s 1,000
highest-revenue companies mark an increase of eight from
MCCA’s previous survey. It’s the second straight year that
A freelance writer and editor, LYDIA LUM (lydialum999@yahoo.com) is a
former reporter for the Houston Chronicle and Fort Worth Star-Telegram.
COMPANY
GENERAL COUNSEL
2014
RANK
2013
RANK
Post Holdings
Deidre Gray
892
Teledyne Technologies
Melanie Cibik
898
875
Scientific, Photographic and Control Equipment
TransDigm Group
Halle F. Terrion
904
997
Aerospace and Defense
KAR Auction Services
Becca Polak
905
918
Wholesalers: Diversified
hhgregg
Heather Cameron Greenawald
914
845
Specialty Retailers: Other
Edwards Lifesciences
Aimee Weisner
918
959
Medical Products and Equipment
Pool
Jennifer Neil
937
953
Wholesalers: Diversified
Brocade Communications Systems
Nell O’Donnell
947
911
Network and Other Communications Equipment
Public Storage
Lily Yan Hughes¹
952
974
Miscellaneous
Chemtura
Billie Flaherty
954
775
Chemicals
Tower International
Nanette Dudek
956
944
Motor Vehicles and Parts
Bio-Rad Laboratories
Shawn Soderberg
959
939
Medical Products and Equipment
Express
Lacey J. Bundy
965
913
Specialty Retailers: Apparel
Eastman Kodak
Sharon Underberg¹
966
704
Scientific, Photographic and Control Equipment
Hain Celestial Group
Denise Faltischek
967
Esterline Technologies
Marcia J.
Mason
972
SemGroup
Candice Cheeseman
975
Southwest Gas
Karen Haller
976
National Fuel Gas
Paula M. Ciprich
978
Rexnord
Patricia Whaley
986
INDUSTRY
Food Consumer Products
Food Consumer Products
977
Aerospace and Defense
Pipelines
983
Utilities: Gas and Electric
Utilities: Gas and Electric
968
Industrial Machinery
New to list
1
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 25
S U R V E Y
C O U N S E L
Prospects for the Future
this figure has topped 200.
While the proportion of women in the Fortune® 500
continues to expand, the same holds true for the Fortune®
501–1000 (Fortune® 1000).
The 96 women in this latter group are 12 more than they
were two years ago and 18 more than three years ago. From
2008 to 2012, the annual head count seesawed from the 70s
to the 80s and back before its recent, steady climb toward
triple digits.
Suffice to say that improving gender parity relies as
much, if not more, on continued hiring, promotion and
retention of women in this group, rather than just within
the Fortune® 500.
As the saying goes, it takes a village.
Or in this case, two
villages.
M C C A’ S 1 6 T H A N N U A L G E N E R A L
of the post toward January retirement.
Some departures didn’t require any shuffling among
employers. Lisa Zell shifted from the legal department of
CHS to become the company’s executive vice president of
business solutions. At Men’s Wearhouse, Carole Souvenir
left the law department but remains executive vice president of employee relations.
Other departures include R.
Rene Carson from INTL
FCStone, Heidi Allen from TeamHealth, Michelle Friel
from YRC Worldwide and Teresa Sebastian from Darden
Restaurants. Formerly of Enterprise Products Partners,
Stephanie Hildebrandt is now in private practice.
. S U R V E Y
C O U N S E L
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Brian Eduardo Cabrera
Senior Vice President and
General Counsel
I
NVIDIA
f you had asked Brian Cabrera 25 years ago whether
he would one day go in-house, the answer would
have been an emphatic “no.” “When I was in law
school at the University of Southern California, I was
interested in litigation and trial work. I’m not sure I could
tell you what a general counsel did.”
But that would soon change. Cabrera was a young
associate at a big firm in San Francisco working on trial
matters when his brother suggested he apply for the legal role at a tech company in Silicon Valley. “On a whim,
I interviewed,” he says.
“And for me, the position turned
out to be the perfect triumvirate of law, technology and
business. I got into that job and never looked back.”
Today as GC at NVIDIA, a $13 billion tech company
based in Santa Clara, Calif., Cabrera is responsible for
the company’s legal and security organizations—largely
all responsibilities he has previously dealt with heading
legal departments at other tech companies. “But with
10,000 new regulations passed annually, constantly
evolving technology and entering new markets with
new business models, it’s never stagnant,” he says,
“which is good, because I get bored easily.”
NVIDIA made its name designing graphic processing
units, as well as systemon-a-chip units for the mobile
computing market.
“As the field becomes increasingly
complex, trying to stay up to speed with new technology
is tough,” concedes Cabrera, “but being a top-notch department like ours means understanding new business
models and products. ‘Speed of Light’ is a buzz word at
NVIDIA. It’s a challenge, but it’s the right idea.
We need
to keep up with the business, if possible even stay ahead
of the business.”
While Cabrera has had opportunities to go out of
tech, he has always refused. “Tech is in my blood,” says
the self-described gadget geek. “My dad was an entre-
26 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
preneur/engineer mostly in the microwave telecommunications area.
He built a prototype radar gun that my
brother and I played with. We’d measure how fast we’d
throw baseballs long before the major leagues were
doing it.”
Other lessons learned at home attuned Cabrera
to diversity. “My father was Colombian.
I saw things he
went through because of his accent and brownish skin
tone. I began promoting diversity back in law school
more than 25 years ago.”
Throughout his career, he has felt a real need and
responsibility to help. “Law has a way to go.
There aren’t
enough women partners in the best firms. And while
there are great women GCs, men still need to help more
in the advancement process. It’s something I speak on
fairly regularly and get involved with programs addressing the challenge.”
Cabrera notes, “Early in my career, I looked to learn
from attorneys—both at firms and inside counsel—
incorporating their best qualities into my repertoire.
Today, I focus less on the attorneys.
I think of myself
more as an executive working to move the business to
the next level, and I look to other executives for insight
and motivation.”
. S U R V E Y
Kelly McNamara Corley
Executive Vice President, General
Counsel and Secretary
Discover Financial Services
Throughout her career, Corley was always part of
Discover’s law department and its government relations
team and knew the business side very well, but stepping into the GC position was a real change for her. At
Discover, Corley’s responsibilities include managing the
legal advisory, compliance, litigation and government
relations matters of Discover, which includes its direct
banking and payment services businesses. “It took some
getting used to, but I really enjoy the role of GC.”
Corley credits her father, a ball bearing salesman
who’s in his late 70s and still working, with instilling
a strong work ethic in her and her siblings. “He’d say,
‘Everyone is born with a certain amount of intelligence.
But work ethic is the differentiator, and that’s something
you can control.’”
She also draws inspiration from fictional lawyer Atticus Finch, the admirable hero of Harper Lee’s novel “To
Kill A Mockingbird.” “To me, Atticus is an iconic embodiment of racial heroism and stands for high integrity.
It’s a
book I can read again and again.”
Corley advises lawyers to “never be afraid to take
some risk, even well into your career or when you’re on
a particular path. I didn’t think mine was a path to the
GC office, but I was open to new challenges.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 27
M C C A’ S 1 6 T H A N N U A L G E N E R A L
C O U N S E L
K
elly McNamara Corley’s road to general counsel
was not the traditional career path. Prior to being named general counsel at Discover in 1999,
Corley worked in government relations roles for
17 years at Discover and its former parent companies,
Sears, Dean Witter and Morgan Stanley.
“My first love was politics and government,”
says Corley.
“After graduating from the University of
Southern California, I went east for an unpaid summer
internship in Sears’ government affairs office in Washington, D.C. My plan was to return to California, but the
internship turned into an offer, and I stayed. I really liked
the work.”
Determined to face new challenges and advance
her career, Corley followed the encouragement of
her then-boss Chris Edwards (now a partner at Chicago-based law firm Winston & Strawn) to go to law
school.
“Chris was relentless,” Corley says. “To test the
legal waters, I first enrolled in paralegal school, where
I learned great writing and research skills. Now as the
head of a legal department, understanding what paralegals do and what they’re capable of contributing has
made me a better manager.”
Corley went on to earn her JD at George Mason
University.
“Of course in retrospect I’m very grateful for
Chris’ mentoring. I would have missed out on a lot of
opportunities had I not followed her advice.”
“Rarely do you see someone start as an intern and
become general counsel of the company,” adds Corley.
“But I was at Sears when they launched the Discover
card in 1985, and I’ve grown up with Discover, representing them in government affairs over the years, and
then coming to the Riverwoods, Ill., headquarters to
serve as GC.”
. S U R V E Y
C O U N S E L
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Ivan K. Fong
3M Company
Senior Vice President, Legal Affairs
and General Counsel
B
oth of Ivan Fong’s parents are scientists, and all
of their friends when he was growing up were
scientists. So, early on, “my vision was relatively
narrow in terms of what I wanted to do as a
career,” he says.
Yet while at MIT earning an SB in chemical engineering and an SM in chemical engineering practice,
Fong was advised to take a wide variety of classes
from the school’s best professors. “I took a class on
the Supreme Court taught by a stellar professor, and
he changed my life because he was the one who first
suggested that I consider going to law school.”
Although Fong was then on track to get a Ph.D., he
decided to follow that professor’s advice.
“My thought
was that I’ll apply, and if I’m accepted, then it will be a
sign that it was meant to be.” He was accepted and went
on to receive his JD from Stanford Law School, where he
was elected president of the Stanford Law Review.
“My philosophy is that a GC performs a dual role
that mirrors the dual role of the legal department,”
he explains. “We want to be advisors on significant
business matters and be trusted counselors. At the
same time, we want to make sure we help protect the
company and its reputation.
Not just formal compliance
with laws and regulations but also help ensure a strong
culture of ethics and integrity.”
In 2012, Fong joined 3M Company (a Minnesota-based multinational corporation best known for
inventing Scotch brand tape and Post-it Notes) after
serving as GC of the U.S. Department of Homeland
Security, where he was responsible for leading over
1,700 lawyers. “I liked the core mission [of DHS] and
the challenge of working on complex policy issues,
28 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
such as cyber security and privacy.
But mostly, I liked
leading a legal department that had only recently
been brought together from disparate other federal agencies. It was an opportunity to exercise my
leadership skills with a large legal team—skills that are
applicable where I am now.”
Fong’s very first foray into in-house followed his
tenure at the Department of Justice. Fong thought he
would go back to the law firm where he had been a
partner, but fate intervened.
“Unexpectedly, I received
a call from the GC at General Electric. He persuaded me
that going in-house would be more fun. In-house, I’d
be closer to my clients.
You’re part of a business team
and involved in the strategy and other aspects of the
business.”
As GC of 3M, he devotes a lot of time to talent and
leadership development. “It’s very important to leverage
the team, and it’s done by spending time and energy
building the best possible team.
“My job is inherently interesting. Whether it’s
figuring out how to build a strategy for winning in the
marketplace or how to build a team that reflects the
company’s core values, I like it all,” says Fong.
“And
because 3M is fundamentally a science and technology-based company that is global in its reach, it’s been a
perfect fit for me.”
. Public Storage
L
ily Yan Hughes’ story is powerful. The first in her
family to attend college (or graduate high school
for that matter), Hughes vividly remembers a
childhood spent in Hong Kong’s Kowloon City.
“Five of us lived in one room behind a small shop where
my father sold and repaired shoes. As a child, I never
knew you could get warm water from a tap. And that
was my life.
But even then I knew education was the
way to something better, and my parents knew it, too.”
Today, Hughes is senior vice president, chief legal
officer and corporate secretary of Public Storage, the
international self storage company headquartered in
Glendale, Calif. In her position, she brings vast experience in leadership, governance, securities, finance,
M&A, international practice and a strategic view of law
and business. Prior to joining Public Storage in January
2015, Hughes was associate general counsel for corporate, M&A and finance and was assistant corporate secretary at Ingram Micro, a publicly traded Fortune® 100
electronics and IT wholesale distributor.
Before Ingram,
she was a partner at Manatt Phelps & Phillips.
Her decision to go in-house was well considered:
“You get a broader view of what’s important to the
company. Outside you are brought in for a strike force
for specific day and matter. If you’re successful inside
the company, you become a part of the voice, an
influential voice in making decisions, strategizing and
implementing.
I enjoy being both a business executive and a general counsel. It’s a joy for me. What’s
most challenging is doing one’s very best with limited
resources.
And I think that’s true for GCs and in-house
teams across all industries.”
Now back to Hughes’ story. When she was 11,
her family came to the U.S. and settled in Los Angeles.
Things did not get easier quickly.
Her parents worked
long hours at menial jobs. She strived to learn English
and do well in school while navigating the immigration
process and health care services and translating for her
parents. Hughes credits kind and encouraging teachers—and hard work—as integral to her success.
While an undergrad at University of California,
Berkeley, she considered business school and a career
in investment banking but instead went on to graduate
from UC Berkeley’s law school.
“Once there, I knew that
I wanted to succeed as a business lawyer. I enjoyed law
school. It’s where I started learning to think outside the
box and always ask the ‘what if’s.”
“It’s been a long journey from Kowloon City to
where I am today at Public Storage.
But I don’t forget
where I came from, and I know that it was encouraging
and helpful mentors who made this kind of success
possible for me,” says Hughes. “At Public Storage, my
legal and internal audit services team (over 20 people
total) are comprised primarily of women and individuals
with diverse heritage or both—all the most qualified for
their respective roles. I take great pride in being a part of
a company that supports this kind of diversity as part of
our everyday culture.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 29
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Senior Vice President, Chief Legal
Officer and Corporate Secretary
C O U N S E L
S U R V E Y
Lily Yan Hughes
.
S U R V E Y
C O U N S E L
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Brandi Galvin Morandi
Chief Legal Officer, General Counsel
and Secretary
Equinix Inc.
K
“
nowing both the legal and business side of
your corporation means everything,” says
Brandi Galvin Morandi, chief legal officer,
general counsel and secretary for Equinix
Inc., since 2003. “In-house is a constant learning curve:
In the past two years, international expansion, new
regulatory arenas (we recently converted to a REIT), new
tax requirements, cyber security and changing infrastructure have all popped up on the radar.”
Headquartered in Redwood City, Calif., Equinix is a
networking company that provides data center offerings
primarily consisting of colocation, interconnection solutions and managed IT infrastructure services.
“My background was corporate securities and
corporate governance. For a company like Equinix that
is capital intensive and acquisitive, my background was
relevant. Expertise is great, but you have to be ready to
transition to a broader mindset.
What got you there is
quickly not going to be what gets you to the next level.”
Prior to Equinix, Morandi practiced in the corporate
securities group at the law firm of Gunderson Dettmer
Stough Villeneuve Franklin & Hachigian LLP (Gunderson
Dettmer) in Menlo Park, Calif.
“Ultimately, I moved in-house because I longed to
be part of a team. While still at the firm, I was loaned
to Equinix for a big transaction. As an outside service
provider you really see how a lot of companies are run.
Equinix was a great group with a great culture, high
integrity, and they have fun along the way.
They made
me feel like a valued team player.”
As an undergrad at the University of Southern California, Morandi studied journalism and public relations
(the perfect training ground for law, she says). Her plan
30 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
to become a lawyer evolved while in college. While
earning a JD from the University of California, Hastings
College of the Law, Morandi was unsure what practice
area she wanted to pursue, but she knew who she wanted her clients to be.
“I grew up in the Bay Area and had relatives and
friends who’d worked in some of the startup companies
in Silicon Valley.
These were the kind of people and
companies I wanted to center my career around. And
though I have never been a technologist, I love learning
new stuff–a trait that’s definitely served me well. It’s a
job requirement for a general counsel.”
Mentoring is important to Morandi, particularly
when it involves women coming up as leaders in the
tech world.
As co-founder of the Equinix Women Leaders Network, she does a lot of programming. “It’s one
of the favorite parts of my job: helping women accomplish things they didn’t even know they were ready for,
nudging them along to take that next step. Giving them
visibility and promoting their skills and assets is important.
It creates a momentum about them. That was
done for me by my sponsor, Renee Lanam, who was a
partner at my firm when I was starting out and held my
current position before me. It’s my obligation to pay that
forward.”
.
PepsiCo
W
hen Tony West ended his successful
tenure as associate attorney general at
the U.S. Department of Justice a year
ago to go in-house as executive vice
president of government affairs and general counsel
at PepsiCo, he was entering a different universe. Or so
it seemed. “The transition has been very smooth,” he
says.
“More things feel familiar than different. I suppose
that shouldn’t be surprising—I left one mission-driven
organization with strong values and joined another. And
I feel very much at home here.”
At PepsiCo, West uses many of the skills he employed as the Department of Justice’s third-ranking official.
“In managing a large institution with many lawyers,
you need to figure out who knows what, where the best
talent, experience and knowledge is within the organization. These are worlds where decisions must be made
quickly, but you want buy-in from all levels. That process
of bringing people together, of hearing all points of view
and getting the best information to the CEO is critical so
that she can make the best decision she can.”
While at the Justice Department, West reported
directly and frequently to his boss and friend, former
Attorney General Eric Holder.
Currently, he enjoys a
similarly close relationship as trusted advisor to PepsiCo
CEO Indra Nooyi.
Headquartered in Purchase, N.Y., PepsiCo is a global
food and beverage leader with net revenues of more
than $66 billion and a product portfolio that includes 22
brands that generate more than $1 billion each in annual retail sales. “At Justice,” says West, “we did interesting
and important things in protecting the American people
and safeguarding their civil rights, and here, my plate is
full with a diverse array of important issues. And they
are not just legal matters.
As head of our global public
policy and government affairs organization, my work
includes issues at the intersection of policy, government
and business, here in the U.S. and around the world.”
Education was a religion in his family, West says.
“My father was raised in the Jim Crow South by his
grandparents, who were sharecroppers. Dad’s college
education was his passport to places and opportunities
he otherwise would never have known.” West’s parents
met at Talladega College in Alabama.
As a young married
couple, they moved to Northern California in search of a
more egalitarian atmosphere in which to raise their children. “It was always understood that my two sisters and I
would go to college and work hard,” says West.
Soon after graduating from Stanford Law School,
where he was president of Law Review, West was hired
as special assistant to Janet Reno, attorney general
during the Clinton administration. Reno was West’s
foremost mentor.
At her suggestion he served as federal
prosecutor in his hometown, San Jose, Calif.
“On my last day working with her, she summoned
me to her private office to impart some words of wisdom. She pointed to an engraving that read, ‘the United
States win its case when justice is done,’ and then said,
‘As a federal prosecutor, you’ll win many cases, but your
job is to do justice in every matter that you handle.’
Those words have inspired my career.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 31
M C C A’ S 1 6 T H A N N U A L G E N E R A L
Executive Vice President,
Government Affairs, General
Counsel and Corporate Secretary
C O U N S E L
S U R V E Y
Tony West
. Creating a
Successful
Small Legal
Department
10 Insights
By Richard Q. Russeth
This is not an article about how to streamline your department, how the
wizardry of case management technology will save you millions or flat
rate billing from your outside counsel will avoid overcharging. Nor is it
about how to hire the best lawyers (though it might just help you to retain
those lawyers). All of those things are nice and useful, of course, but none
of it has much to do with having a successful small legal department.
I define “successful” as a department
that people are excited to work for and senior leadership in your company perceives as responsive and adding
value to the organization.
The emotional intelligence, or EQ, of the department is a big
factor in its success or failure. High emotional intelligence, high
results; low emotional intelligence, well, you know. Emotional
intelligence is defined in a variety of ways, so I won’t belabor it
here, but suffice to say this definition (from www.selfhelp.com)
works for our purposes: “Emotional intelligence is the ability to
identify, use, understand and manage emotions in positive ways
to relieve stress, communicate effectively, empathize with others,
overcome challenges and defuse conflict.”
This EQ assertion of mine is anecdotal but based on my role as
general counsel in various capacities over the past 25 odd years
for a handful of companies ranging in size from $500 million to
32 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
$4 billion.
Those departments where I feel I successfully fostered
a high EQ performed far better than those where I was less than
successful.
I am oversimplifying, of course, but the following 10 little
insights for small departments have nothing to do with finance,
matter management or what your client’s business is but everything to do with using EQ to create a more motivated team and an
enhanced reputation within your company. These insights often
take time to take hold and make a difference, so patience is the
word. In no particular order (because your department may need
to emphasize these points to different degrees, and all 10 may not
apply to you) here are my insights.
.
2
Feeling Valued and Expressing
Gratitude.
3
We Don’t Bill Hours; We Bill
Results.
4
Small Departments Need to Be
Expert Issue Spotters.
5
Outside Counsel Is In-house
Counsel.
Want to get your department on the EQ track
quickly? “Thank you,” “please” and “good job”
are the place to start, and you can never say them too often. I’m
not saying reward folks just for showing up, but don’t be stingy
either. Better to say it too much than too little. Feeling valued is
a key item on everyone’s list.
My very first boss told me, “if you
don’t hear from me, you’re doing great.” This is not the approach
that will garner you a motivated team. Make them feel valued.
Express your gratitude for their successes and effort. It will make
you job effortless.
This is why the family-trumps-everything rule
works.
I don’t pay my people to sit at their desk,
prove to me how hard they are working or make unnecessary
sacrifices of their private life. I pay them to deliver results. Where
they work, how they work, how much they work, doesn’t matter
as much as the results they return and the satisfaction of the client.
Pay your team well, but pay them for results, not desk time.
1
Family Trumps Everything.
Really.
A small legal department is always stretched for
resources, and the scarcest of those resources
is time. Your people need to know that they
always have time for their families and that everyone will pitch
in to make it happen. If you ensure they have the time they need
for that fundamental thing, they will always have time for your
business.
It’s a more than fair trade. In all my years as a GC,
“family trumps everything” has never resulted in less time or
effort being spent on legal work. When you are compassionate to
your employees in family matters, they tend to overcompensate
in return.
And it goes both ways. There was a time that my son
was rushed to an emergency room a few thousand miles away
from me. My wife brought me a suitcase, and I left an hour later.
I stayed with him at the hospital for a week.
My team covered the
bases, and I never had to give the office a thought. We didn’t miss
a beat. Family trumps everything.
Our motto? “We are all generalists; we are all
specialists.” I can’t afford “real” specialists of
course, but I can afford specialists in issue spotting.
If we spot it.
Then finding the legal expertise to handle it is the easy part. I may
not be able to explain the problem with a particular legal issue or
how to solve it, but for sure we are going to spot it. We will spot
it because last year everyone on my staff, including me, took a
CLE course or two on matters not much relevant to my current
company: everything from debt refinancing to “MBA for Lawyers”
to white collar crime—and then some.
Despite not being directly
relevant, those courses make us better issue spotters, and that will
pay for those courses many times over.
Our outside counsel is just as much a part of the
in-house team as we are. There’s just four of us
for a company with more than $3 billion in sales. We need a
little help from our friends.
We don’t shop around much. We
have a set group of lawyers (note: lawyers, not firms) that we
work with, and we don’t change it up. Especially not for money.
The relationship is the thing–and that good relationship is
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 33
. A small department is like a kid’s sandbox:
There really isn’t room for bullies, bad behavior or jackasses.
usually worth more than any savings we might reap from
changing counsel. Our outside counsel feel like and act
like in-house counsel. They are part of the team, and they
know it. Our department is not one that tries to do it all.
Under-lawyering can be just as expensive as over-lawyering, and we are not going to lose a case or mishandle
a matter on some quixotic quest to prove we can do it all.
We can’t.
Incidentally, item 2 applies every bit as much to
outside counsel.
6
Everyone Is Everyone’s
Client.
I don’t have time for fiefdoms, hierarchical charts or assigned clients. I don’t have enough people
either. Everyone takes care of anyone.
Sure, we may
work with certain groups more than others, but if we are
unavailable, someone steps up. No “call back tomorrow”
responses allowed. This also contributes to making “family trumps everything” achievable.
7
No “Yes, But…”
A small company can view its small legal
department as trading dollars.
Many opt
for the outside counsel approach, i.e., “I’ll call them when
I need them and look–no overhead!” In-house counsel
earns its keep through the added value of knowing the
business, the customers and the crafting of business-centric legal strategies. Nothing is easier than saying “no,”
but there is no client benefit there, and if that’s what
your client wanted, he’d be better off without you and
your department and on the “no overhead” model. Give
real advice with real returns.
You are paid to assess and
manage risk, not avoid it. Your job is to make sure your
client understands the risk. It’s up to him to decide if it’s
worth taking.
Unless of course the risk is an “Orange Is
the New Black” scenario, in which case “hell no” is good,
solid advice.
8
Know What’s Important.
Are you really going to fight over that
choice of law clause? In 35 years of
practicing law I have never once, ever, seen it matter.
Perhaps a big firm or a big company law department has
time to argue over commas, boilerplate or choice of law,
34 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
but if you are in a small department, you don’t. And if
you try, you will never be able to handle your work load
to benefit your client, and your client’s most important
things will not get tended to. Figure out the most important things and do those first.
If you have extra time,
feel free to argue about choice of law with whomever;
just don’t call me.
9
Get Your Own Damn Coffee.
Guess what, with four people, no one
has time for folks on a high horse. If you
need coffee, go get it. And, by the way,
get the $100 million M&A done at the
same time.
And the copy machine is right over there. And
the supply closet right next to it. But if you are going to
make folks get their own coffee, at least splurge on some
good stuff.
10
Keep It Challenging.
In a small department it is extremely
difficult to provide a clear or meaningful
career track.
There is no place to move
up or laterally except in rare occasions
when someone retires (like the GC) or quits (due to lack
of career track). But there actually is a career track that
will keep people on board for a longer time: the Challenge Track. Give people challenging assignments; don’t
keep all the plum work for yourself Ms.
GC. Be willing to
do routine legal work so as to give your staff the chance to
perform more meaningful work, gain exposure and kudos
from senior management and become better lawyers.
Emotional intelligence has a role to play in each of
these insights. A small department is like a kid’s sandbox: There really isn’t room for bullies, bad behavior or
jackasses.
Your small department is not a family, but it
needs to be collegial, kind and generous in spirit among
everyone. If you’ve never read “Emotional Intelligence:
Why It Can Matter More Than IQ” by Daniel Goleman,
go buy a copy; your staff will thank you—and maybe even
hug you if your EQ is high enough. â–
RICHARD Q.
RUSSETH (rrusseth@leprinofoods.com) is the vice
president and general counsel of Leprino Foods Company in Denver,
Colo. In his spare time, he is a photographer, blogger and poet. Follow
him on Instagram: @rqrusseth and Twitter: @richard_russeth.
.
Diversity and inclusion were among the
N E W YO R K
WA S H I N GTO N
PA R I S
BRUSSELS
LO N D O N
MOSCOW
FRANKFURT
founding principles of Cleary Gottlieb.
Consistent with that vision, we are
proud of our lawyers, who are men and
women of different ethnicities, cultural
backgrounds, sexual orientations and
religious beliefs.
C O LO G N E
ROME
MILAN
H O N G KO N G
BEIJING
BUENOS AIRES
S Ã O PA U LO
ABU DHABI
SEOUL
clearygottlieb.com
. How the OnRamp
Fellowship Connects
Experienced Female
Lawyers with Law Firms
By Lekan Oguntoyinbo
36 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
. FTER GRADUATING from the University of California, Berkeley, School of Law in 1986, Dora
de la Rosa went to work for a small law firm where she handled litigation. Then within a few
years, life happened. She got married. Her daughter was born in 1989.
Her son followed in
1993.
Although life in a small or mid-sized firm was not as intense or
fast-paced as a giant firm, but she notes that the law firm life can
be very difficult for a lawyer with a young family. And her situation was complicated by the fact that both children have hearing
impairments.
“What I found was that it was extremely time consuming to
make sure all their needs are met,” says de la Rosa. “As they were
getting a little older and dealing with regular child care issues, it
just became overwhelming.
I didn’t want to not see my children.
I believed if I was there to help them navigate the challenges that
would be the best for them.”
During this same period she became more involved with the PTA.
“I wanted to become part of the issues that affected them,”
she says.
As she pondered options for successfully balancing family
life and career, the superintendent of her local school district
approached her with the idea of running the district’s bond campaign. “I said let me take three months off and see how it goes,”
she recalls.
She enjoyed running the campaign. And the success of the
campaign planted an idea in her head.
She got the bug to do more
volunteering. After the election she quit her job.
She became a full-time stay-at-home mom, even though
the volume of her volunteer commitments guaranteed she was
never really at home. She ran another successful bond campaign
and then ran for school board.
She served for eight years on the
school board, four of them as president.
“It was like having a full-time job,” she says. “I was going
to Sacramento to talk to legislators and involved with local
issues.”
Despite her hectic schedule as a board member and volunteer,
the flexibility gave her plenty of time to work closely with her
children.
“The fact that I was at home for them was well worth it,” she
says. “My daughter went to Harvard and graduated.
She’s getting
a doctorate at Wisconsin in cancer biology. And my son is getting
ready to graduate from Notre Dame.”
“By the time I finished my second term, my son had just graduated
high school and was about to go to college,” she says. “My daughter
had gone off to college.
I always knew I wanted to try to come back.”
But getting back into the legal profession after a 14-year
absence presented a formidable obstacle. She checked out the
want ads and perused the experience requirements to gauge
what she was up against and found herself somewhat wanting
professionally. So she became a dispute resolution volunteer at
the local courthouse—and pondered her options.
Then her husband, who is also a lawyer, stumbled on to an announcement about a new program
designed for women just like de la
Rosa—experienced lawyers who
had been out of the game for years
because they wanted to raise a family and wanted
to get back in.
Known as the OnRamp Fellowship program,
it was a perfect fit. De la Rosa applied and was hired as one
of the initial fellows at Sidley Austin, one of the nation’s 10
largest law firms.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 37
. People say law firms are not
innovative. My feeling is that they are
innovative, but they need good ideas.
Connecting Law Firms and More
Experienced Female Lawyers
The OnRamp Fellowship was conceived more than
a year ago by Caren Ulrich Stacy, who has worked in
large law firms in administrative roles for more than 20
years, as a means for bringing law firms and qualified
veteran lawyers together.
“The goal is to bring back as many women into the
legal profession as possible. I was bothered by the deficit of women inside the firms,” says Stacy, who is not a
lawyer. “They weren’t paying attention to replenishing
pipeline.
I was also looking at how to bring women
back into the profession and get them into leadership
roles. So many women who try to come back say they
can’t get a foot in the door. They say they don’t know
where they fit.
I was hearing from law firms who say if
someone has practiced for five years and been out for
10 where do they fit?”
After developing the idea, she pitched it to four large
law firms around the country, and all of them said yes
within a few weeks. The responses surprised even Stacy.
“When I first thought of the idea and I called what
I consider my brain trust—managing partners, consultants, futurists—many said good idea but best of
luck trying to get them to do something innovative,”
she says. “People say law firms are not innovative.
My
feeling is they are innovative, but they need good ideas.
If you get good ideas, they are willing to be innovative.
This proves innovation is possible.”
Here’s how the program works:
Applicants are subjected to a vigorous assessment,
including aptitude tests, writing skills, a cultural analysis, a three-hour per person screener and a structural
behavioral interview by Stacy and her team on behalf of
client law firms. Stacy also does a developmental reference check to help determine what the firms can do to
help these lawyers develop professionally and excel.
The fellowship is for one year, and the salary is fixed
at a flat $125,000 a year plus benefits. The hiring firm
pays the fellow’s salary.
The appointment is for a year,
but the firm has the option of retaining the attorney as a
full-time associate and putting her on the partner track.
To date, more than 300 lawyers have applied for the
program and 19 have been accepted. The nine inaugural fellows are in the process of ending their fellowships. Nineteen firms are involved in the fellowship, so
far, a number that Stacy expects to continue to grow.
38 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
“This is an opportunity to tap into a group of
high-performing lawyers,” says Stacy.
“These women
are so loyal to the firms that let them in. Some spend
two years sending out resumes and get no interviews.”
Tapping into a Rich Source of Talent
Adds Valerie Fitch, senior director of talent acquisition at Pillsbury Winthrop Shaw Pittman: “This is a
wonderful pipeline to bring in women we might not
otherwise know about. These are not your typical
applicants we would get from a headhunter.
The
hope is that in many cases this will morph into a fulltime position.”
Mike Imbroscio, a partner at Covington & Burling
and co-chair of the Products Liability Practice, says
firms like Covington are deprived of a rich source of
talent when experienced female attorneys leave the
firm to tend to their families and are unable to return.
“Big firms for many years have had a fairly rigid
model of starting young lawyers as associates and then
considered them for the partner role after many years,”
he says. “It’s either up or out. The goal of the OnRamp
model is to push aside historical impediments and
allow us to have case-by-case discussions of each individual and remove the stigma.
“If we can find a way to attract these people, it will
serve us and our clients tremendously.
That’s a competitive advantage. A lot of these people are in their late
30s, 40s and even early 50s.”
He says the program has inspired Covington to start
reaching out to other former employees who are interested in coming back.
Stacy says large numbers of women fail to make
partner at blue chip law firms for three primary
reasons:
â– They leave before they have a chance.
â– â– They don’t want it.
â– They face barriers to success because they don’t have
a champion or adequate support within a practice
group.
The OnRamp Fellowship program seeks to topple
these barriers in part by offering fellows mentoring and
career development opportunities.
“A lot of men in these firms are incredibly supportive because their sisters or wives have been in this situation,” says Stacy. “They know their daughters might be
in that situation, too.”
.
Firms Use their Resources to Create
a Culture of Success
At Sidley, de la Rosa says she regularly has
lunch with a female partner who also regularly comes by and checks in on her to monitor her progress. She and the partner have
a quarterly conference call with the firm’s
chief diversity officer.
“We talk about how the review process
works, and she listens to our questions,”
says de la Rosa, who was offered a permanent position as an associate at the end of
the fellowship.
Kathy Herman, who began a fellowship at
Blank Rome in Philadelphia last February, says
she was assigned a mentor and a career development advisor. She functions as a first-year associate
and says she receives a lot of training.
“They are supporting me in every way,” she says. “It’s
probably in the firm’s best interest, as well for me, to stay
here.
They realize that there are lots of smart people out
there. I think they perceive an investment in me as an investment for them.”
Like de la Rosa, Herman began her career in 1986, after
graduating from the University of Pittsburgh law school. She
joined a large law firm in Philadelphia but lost her job a few
years later when the firm started doing some downsizing.
She
worked for another firm and then a public company and got
laid off again. Then Herman took up some general counsel
work on a consulting basis. Around that time, her parents fell
ill, so she stopped working.
She was out for about three years.
“I had too big of a gap on my resume. I couldn’t get any
leverage anywhere,” says Herman. “Given what I do, which
is business law, securities and mergers and acquisitions, not
all my skills were readily transferrable.
[Potential employers]
didn’t really understand why I had this gap. People would
worry that my skills were rusty or that I would have a hard
time re-integrating. It also may have been that they were
apprehensive about hiring me because in some of these positions, I was significantly more experienced than my superior.
I never really thought about going to a law firm at that point
because I didn’t have a book of business.”
She says being appointed a fellow has been a great professional move.
“This is my fourth firm,” she says.
“I feel comfortable. I
like the people. It’s a good personality fit, and everyone is
helpful.
This is a good match for me.”
The goal of the OnRamp model is to
push aside historical impediments
and allow us to have case-by-case
discussions of each individual and
remove the stigma.
Both Herman and de la Rosa say they’ve had to adapt to
changes in the legal profession, particularly in areas such as
technology and administrative support.
“Technology was probably the biggest adjustment for me,”
says de la Rosa. “So much of what attorneys do requires pretty
good computer skills. When I was last in the business, there
were two attorneys to one secretary.
When I left, it was transitioning to three attorneys to one secretary. Now there are five
attorneys to one secretary.”
Still, de la Rosa says the program gives hope to experienced female attorneys who want to get back in.
“Be prepared to work very hard, but it is very rewarding,”
she says. “We have a little bit of an advantage.
One advantage
is having real-world experience and having worked with
people in different sectors. You have to throw yourself into it
and be confident.”
Sherman says the program is a win-win for the women
and the law firms.
“The program is working, and it is working for all parties
involved,” she says. “It is working for the women re-entering.
It is working for the firm.
It is working for the job at market
and showing that people can think outside the box. I think it
is a model that should be emulated in as many capacities as
possible.” â–
LEKAN OGUNTOYINBO (oguntoyinbo@gmail.com)is a freelance
journalist based in Columbia, Mo.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 39
. ABA
Makes
History
Meet
Paulette Brown,
ABA President
By Jonathan Groner
As the first black woman to become president of the American Bar Association,
Paulette Brown regards herself as very fortunate to be granted a role in helping
solve the nation’s racial problems. And she believes that her efforts are only a part
of a larger trend: Lawyers and the law can and must be a key part of the solutions.
40 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
. Brown, a labor and employment lawyer in the Morristown, N.J., office of Locke Lord LLP, assumed her
ABA office in August 2015. Brown’s presidency started
at a time when the nation’s attention has been incessantly riveted on issues such as the police shootings
of unarmed black people and the racial symbolism of
the Confederate flag. Brown has taken notice of the
controversies.
She says, for example, that the rioting earlier this
year in the wake of the death of Freddie Gray in police
custody in Baltimore made her angry, precisely because
“it distracts from the real rule-of-law issues here and
the role that lawyers can play in resolving these issues.”
The vast majority of Baltimore residents, Brown says,
are law-abiding, although media coverage tended not to
emphasize that.
Regarding the series of killings of unarmed suspects
by cops nationwide, Brown says it’s important to note
that “no two situations are the same.”
Brown adds, “Most people ask of each killing, ‘Was
it justified?’ I prefer to ask, ‘What can be done to avoid
these terrible incidents in the first instance?’ Lawyers
are the people best equipped to come up with these
solutions.” And those lawyers, Brown says, must include prosecutors as well as defense attorneys.
report said, to arrest black residents and charge them
with minor traffic or parking violations. If they can’t
pay exorbitant fees and fines, they are put in jail.
“Shouldn’t people be told of the collateral consequences of pleading guilty (even if not) to certain offenses—that they may give up rights and opportunities
that last for an eternity?” Brown says.
“It’s lawyers who
have pointed out these injustices, and it’s lawyers who
will help to abolish them.”
Brown’s role in helping achieve racial equality in
America is not limited to her advocacy of change in
the criminal justice system. For decades, as a corporate
lawyer, as a partner in her law firm and as a partner
and chief diversity officer of Locke Lord LLP, she has
fought against biases, subtle and overt.
Brown says many people also don’t realize
how lawyers can contribute dramatically
to social change in the nation.
Asking the Questions about Implicit Bias
Brown, 64, says that while most prosecutors are outstanding public servants, prosecutors, in general, have
a great deal of power, including the presumptive power
to determine whether an individual will be charged
with a crime and what that crime should be.
“Do prosecutors have implicit biases? That’s one of
the questions not many people are asking,” Brown says.
“Specifically, no one is talking about how many black
women have died at the hands of police and who is
being held accountable for those deaths.” Current estimates are that 20 percent of African-Americans killed
by police are women.
Brown says many people also don’t realize how
lawyers can contribute dramatically to social change in
the nation.
“Had it not been for the involvement of lawyers, the
U.S. Department of Justice may not have written the report that it did about justice in Ferguson, Mo.,” Brown
points out.
In March 2015, the department portrayed
a situation in that St. Louis suburb that it said is the
equivalent of a modern debtors’ prison.
The report, as Brown said, portrays a system that
appears to be designed to put people in prison because
of their poverty. The police find any excuse, the DOJ
Humble Beginnings for the Future ABA
President
Brown’s entire life, including her nearly 40 years as an
attorney, has prepared her well for her current position
and her “bully pulpit” at the 400,000-member ABA.
She
grew up attending segregated schools in Baltimore. Neither her parents, nor her siblings, went to college. She
earned her bachelor’s degree from Howard University
in Washington, D.C., in 1973 and entered Seton Hall law
school in New Jersey on a full scholarship.
She was one
of the few black students in her class of 1976.
Rather than choose to work right out of law school
on civil rights or discrimination issues, Brown decided at first to pursue a career in the corporate world.
She thought her career counselors were directing her
toward public defender jobs representing the poor
simply because she was black, and she resented that.
Her first job was with National Steel, then the nation’s
third-largest steelmaker. She later worked as in-house
counsel for Prudential Insurance Co. of America and
other Fortune® 500 companies.
Brown served for a while as a municipal court judge
in Plainfield, N.J., but found the position “too limiting.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 41
.
“I was in my thirties, and I just found the position
wasn’t a good fit for me,” Brown says. She soon stepped
down from the judgeship.
In 1984, Brown opened her firm, focusing on employment law, civil rights and product liability. That
firm, Brown & Childress in East Orange, N.J., merged
with another firm in 1993 to become Brown, Lofton,
Childress & Wolf, which was then the largest minority-owned firm in the state. Brown, who was managing
partner, remained at the firm until 1999, when she
joined Duane Morris in Newark.
She moved over to Edwards & Angell in 2005, and after a series of mergers,
that firm became Locke Lord LLP. As chief diversity
officer, Brown has trained the firm’s lawyers in all its
offices to be sensitive to issues of all forms of biases.
“I trained every single person, including lawyers and
staff, in the firm on the concept of implicit bias,” Brown
says. “The process made everyone think about these
issues in a new way.”
Brown says that partly because of her efforts, the firm
has embraced diversity.
The current firm has a female
I trained every single person, including
lawyers and staff, in the firm on the concept
of implicit bias. The process made everyone
think about these issues in a new way.
managing partner, litigator Jerry K. Clements, and has
several female lawyers and lawyers of color heading
practice groups and major offices.
“These are not figureheads but people with real responsibilities,” Brown says.
Along the way in her career, Brown served as president of the predominantly black National Bar Association and received many awards for public service
and outstanding legal work. The National Law Journal
recognized her as one of the 50 most influential minority
lawyers in America. U.S.
News repeatedly named her as
one of the “Best Lawyers in America” in the area of commercial litigation. In 2011, she was honored by the ABA
Commission on Women in the Profession with the Margaret Brent Women Lawyers of Achievement Award.
A Champion of Diversity
Diversity has long been one of Brown’s chief professional interests. In 2006, she co-authored an important ABA report, “Visible Invisibility: Women of Color
42 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
in Law Firms.” The report described the difficulties
faced by black, Hispanic and Asian female lawyers in
law firms and showed that they were leaving the legal
profession at a high rate.
The report also found that female lawyers and lawyers of color are subject to demeaning comments and
harassment, are skipped over for client development
opportunities and desirable assignments, and lack networking opportunities and access to significant billable
hours.
The report placed new focus on subtle racism
and sexism within law firms and increased Brown’s
visibility as an ABA leader and a champion of diversity.
“There are very few women of color in law firms. We
are basically invisible,” Brown said at the time. She noted
then that she was one of only three black female partners in major law firms in the entire state of New Jersey.
Brown says things are slowly changing now.
Diversity and inclusion, she says, is an imperative for law firms
today, as corporate clients “simply say they get better
results from law firms with diverse teams.”
“Here is a metaphor that I like,” she says. “If I have
a baseball team, as important as the pitcher is, I don’t
want all pitchers. I will have people who play all positions.
You cannot have a winning team with all pitchers.
It’s necessary to have people with different experiences
to ensure diversity of thought and better results.”
Brown says emphatically, though, that not all allegations of discrimination against a company or a law
firm are true. In her role as an employment defense
lawyer, one of the things she does is to help her clients
distinguish between valid cases and “those that are
actually bogus.”
“When I see a case that is brought without basis,
it annoys me because, at least in public opinion, that
jeopardizes the strength of the legitimate cases,” she
says. “I have advised clients to settle meritorious cases
where there really has been discrimination, conscious
or unconscious.
When a lawyer can do this and can call
top management’s attention to the existence of unconscious bias, she can accomplish a great deal. My clients
appreciate it.”
Brown says she has no desire to be remembered
primarily as the first black woman to head the ABA, a
voluntary membership organization that didn’t even
admit black attorneys until 1943.
“I don’t relish being the first one if I don’t create a
path for others to follow me,” she says. â–
JONATHAN GRONER (jonathangroner@gmail.com) is a freelance
writer in Washington, D.C., and a former managing editor of Legal
Times.
.
NEWS YOU CAN USE
Call for Authors
®
Everyone has a story.
Everyone has expertise.
Let’s put those together
and help you get
published.
If you are interested in
writing for Diversity &
the Bar® or you
have a story idea,
please contact:
Kim Howard, CAE
Editor-in-Chief
kimhoward@mcca.com
www. mcca.com/
dbmagazine
1111 Pennsylvania Avenue NW
Washington, DC 20004
202.739.5909 (P)
202.739.5999 (F)
. tips a
for
Successful
Here are two pressing trends concerning corporate general counsel today:
They are increasingly taking on executive and strategic management duties,
and more of those in the baby boomer generation are retiring.
Yet, just 38 percent of companies reported having
a formal succession plan for their general counsel, although 86 percent said it was important to be prepared
for a GC’s departure. That’s according to “GCs: Adding
Value to the C-Suite,” a survey sent to about 5,000 directors, board chairs and CEOs of publicly traded companies. The study was conducted by executive search
firm BarkerGilmore and NYSE Governance Services in
February and March 2015.
Some 86 percent of board members say the general
counsel is a member of the executive team, compared to
44 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
55 percent a decade ago, according to BarkerGilmore.
In addition to their regulatory and risk-management duties, GCs are more involved in the company’s
performance and strategy, and 90 percent serve as corporate secretary. Survey participants said they looked
to GCs for compliance, corporate governance, industry
knowledge and guidance on shareholder engagement.
GCs bring value in their ability to serve as an ethical
sounding board, advise the CEO and the board and
ensure that the board adheres to best practices, participants reported.
.
Some 86 percent of board
members say the general
counsel is a member of the
executive team, compared to
55 percent a decade ago.
Succession
By Toni Coleman
General counsel turnover hit a 13-year high in early
2014, when 10 percent of large companies replaced
their legal leaders, according to the study by BTI
Consulting, Benchmarking Corporate Counsel Management Strategies. More baby boomer GCs who had put
off retiring during the recession are headed to the exit
door now that the markets, along with their portfolios,
have improved.
Given the turnover in the GC ranks, why are so
many companies unprepared to deal with the possible
departure of such a key advisor?
“Every executive has pressing day-to-day matters
they have to attend to. That causes important activities
like succession planning to be put on the back burner,”
says Bob Barker, a BarkertGilmore managing partner.
“But boards are saying they expect these plans to be put
in place.”
One impediment to succession planning is that many
senior associates who want to advance to the top legal
spot find they may have to do so at another company,
says Susan Hackett, founder of the law practice management consultancy Legal Executive Leadership LLC.
“Most law departments have a flat organizational
structure, and there are few new positions for them to
ascent to, so the pathway to general counsel is based on
them leaving their current environment. That creates a
perverse disincentive for general counsel to spend a lot
of time on succession planning,” she says.
Legal departments that do a good job of preparing internal candidates for the helm are potentially setting themselves up
to have their top talent poached. “Your department is the
one everyone will turn to to hire from,” Hackett adds.
Succession planning is not simply grooming a No.
2 to take over. It’s a talent management strategy of
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 45
.
cultivating a pipeline of talent for leadership positions. This includes assessing where
employees are with their skills, where the company
needs them to be and filling in the gap with training,
developmental assignments and mentoring.
A good succession planning process will also complement diversity efforts because it replaces the “old
boy” system of promotion. “Diversity programs require
people to start to think about quantifying promotable
experience and establishing more objective review and
evaluation processes,” Hackett says. “When the process
is more objective and transparent, it creates a clear
pathway people can follow to success.
What kinds of
competencies are required in these roles, and how will
they be judged? In many cases, those things were never
carefully articulated or evaluated before.”
Talent management not only ensures companies aren’t caught flatfooted when the GC leaves, but that the
department is working toward peak efficiency while
improving staff retention. “The attrition rate seems to
be much lower for these individuals where they believe
there’s a succession plan in place and they’re a part of
it,” says John Gilmore, a managing partner of BarkerGilmore. “They’re much more productive for the
company.
They’re less motivated to leave because they
see a clear career path for themselves.”
Ivan Fong, senior vice president, legal affairs and
general counsel at 3M, says he’s surprised by the
study’s finding. “If we care about the quality of the
advice we give and efficiency of services we provide,
it’s essential that we build a strong leadership pipeline,”
Fong says. “Developing our talent and thinking about
the career progression of our legal staff is one of the
most important things that I do.
I can’t afford not to
have a high-performing team.”
At 3M, succession planning encompasses the entire
department. Fong sits down annually with 3M’s CEO to
46 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
assess the health of
the Minnesota-based
company’s legal, compliance, and government affairs
teams, a discussion that includes a review of succession
plans for senior-level leadership roles. Through this
process, Fong works with others to help identify attorneys who might be ready for more senior positions now
and who will be in a few years.
During career planning conversations, staff typically
share their aspirations, and supervisors then help them
figure out how to develop the capabilities needed to
advance to the next step.
An attorney might receive
expanded responsibilities, take on a stretch assignment
or enroll in substantive or skills-enhancing courses.
They might demonstrate their leadership potential by
volunteering to work on a pro bono matter, serving on a
department-wide committee (such as the legal department’s diversity and inclusion committee) or planning
a professional development program for the staff.
In-house counsel are also encouraged to seek experiences outside of the legal department, and because 3M
is a global company with diverse business lines, from
health care to electronics to energy, opportunities are
extensive. One of the company’s intellectual property
lawyers, for example, is on a multiyear assignment at
one of 3M’s European locations.
Fong also pushes the law firms 3M works with to
develop their bench strength. He wants to ensure those
firms continue to provide lawyers who can meet 3M’s
standards and can offer creative solutions and diverse
viewpoints.
“If we are working closely with a particular
person and she leaves, it’s in the firm’s best interest to
have someone who can succeed her,” Fong adds. “Otherwise, that business could go somewhere else.”
When getting high-potential staff members GCready, Hackett says to remember what corporate and
. Tips for a Successful Succession
â– â– Hire in-house counsel with strong leadership skills
and strategic business savvy potential.
â– â– Develop a list of competencies needed to become
general counsel and share with the staff.
â– â– When developing the GC job descriptions and com-
department executives are looking for: problem-solving
skills in someone they trust. In addition to solid legal
experience, internal candidates have to demonstrate
good leadership traits and acquire business experience
outside of the legal department, Hackett says.
Among the competencies identified by BarkerGilmore, corporate general counsel should have business
acumen; the ability to remain calm during a crisis;
experience with talent management, mergers and acquisitions, and litigation; and interacting with internal
and external constituents.
Candidates must have the full faith and confidence
of leadership. “In law departments, the people you’re
responsible to are in the C-suite,” Hackett says. “A lot of
companies, when the general counsel position comes
open, are not looking at who is sitting in the pipeline
but who will inspire the board and other stakeholders.
People have to know and want to work with that senior
lawyer.
The whole point of the general counsel is to
provide corporate leadership with candid and practical business advice. If they don’t have faith in that GC
candidate’s business savvy or trust their judgment, legal
skills won’t matter.”
GCs who are mentoring potential successors should
“start exposing them regularly to high-level conversations and counseling opportunities to those people
whose trust they’ll have to earn,” Hackett says. “Legal
expertise alone just isn’t enough.”
Even with a solid, regularly reviewed succession
plan in place, 90 percent of BarkerGilmore’s surveyed
CEOs and directors said that internal candidates
should be benchmarked against external talent.
That
means, in addition to grooming potential successors,
GCs should have an eye on outside lawyers who can
step into the role, Gilmore says.
Businesses are saying that “this role is so critical
we can’t just assume the internal candidate is good
enough,” Gilmore says. Still, putting internal candidates
in contention shows goodwill. “Internal candidates
petencies, get input from stakeholders, including
the CEO and board members.
â– â– Periodically review internal candidates and their
level of preparedness.
â– â– Develop a plan to help counsel acquire new skills
and a mentor.
â– â– Expose counsel to new areas of business.
â– â– When it’s time to appoint a GC, compare internal
candidates against external talent.
â– â– Once a successor is chosen, plan for a smooth
transition.
Source: General Counsel Succession Planning
Practices from the Pros, BarkerGilmore
may not be ready for the role yet, but they’re high-value employees that companies don’t want to lose.
Put
those candidates through the process to show that they
haven’t wasted their time.”
Karen Roberts, executive vice president and general
counsel for Wal-Mart Stores Inc., is emblematic of a succession planning program done right. At Walmart, the
legal department participates in the company’s overall
talent planning process that helps associates develop
skills and competencies needed for their next challenge
and allows the company to have multiple successor candidates available whenever opportunities open up.
Roberts joined the company in 1995 right out of
law school, not in the legal department, but in the real
estate division. She worked her way up to become
the general counsel of real estate, and among other
positions, became the executive vice president of real
estate, running the business side of the operation.
“Any time you can get experience in how the
company operates as a whole, it helps.
Walmart has a
long history of cross-pollinating,” she says, noting the
advancement opportunities employees have if they’re
willing to move across different sectors and take on
new challenges.
Roberts’ business experience, for example, was
critical in preparing her for the GC role. “I’m aware of
the perspectives that business leaders have. It helps us
to shape how we work with our business partners.
It’s
helped me to be a better leader.” â–
TONI COLEMAN (coleman.tonim@yahoo.com) is a freelance writer
and editor based in the Washington, D.C., area.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 47
. Advancement of Female
Where Are We Today?
By Stephanie Resnick
In 1998, the Philadelphia Bar Association adopted the “Statement of Goals of Philadelphia Law Firms and Legal
Departments for the Retention and Promotion of Women” (Statement of Goals). At the time, I was an equity
partner at Fox Rothschild LLP for six years and the chair of the Firm’s Partnership Advancement Committee.
My firm was one of the first to sign on to the Statement of Goals, which were established to address the
discrepancies between the number of men and women who were able to accede to the partnership ranks and
leadership positions within the firms. Fifty-two other firms were also signatories to the Statement of Goals. The
Philadelphia Bar Association was one of the first bar associations in the country to promulgate a best practices
guide for the retention and promotion of women.
Ultimately, other bar associations across the country
followed.
48 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
. Attorneys in Law Firms
Essentially, each signatory law firm pledged to remove
barriers to full and equal participation and treatment of female
attorneys. That included accepting and promoting gender
diversity as a core value. It also included creating equal access and opportunities for women; creating an inclusive work
environment; encouraging women’s professional development
and training; creating a mentoring culture; supporting a flexible
work schedule; making gender diversity an economic principle;
and enacting a fair compensation system alleviating inherent
gender biases. The policies were expressly set forth to address
both retention and promotion of female attorneys.
There was
also a self-analysis component of the Statement of Goals, which
confirmed that the signatory law firms would conduct self-evaluations to ensure compliance with the goals.
The reaction to the Statement of Goals was that they would
enhance the ability of women to rise among the ranks in law
firms, in-house counsel, etc. When all was said and done, I
thought we—the female lawyers—were positioned well. Firms
that had signed on to this policy were embracing it.
Everything
would be equal now. All was good with the world of women in
law firms. However, what has occurred since that time is not
nearly enough, and more attention to these issues is critical.
The Numbers Don’t Lie
It seems like a fundamental and uncontroversial premise to
allow and encourage qualified women to accede to partner or
leadership positions.
However, that is not necessarily the case.
Although some firms, like mine, have been on the forefront of
this issue, elevating female attorneys who were working on a
part-time basis to equity partner, other firms were tremendously
disappointing. Upon reflection, there should have been more
emphasis, sensitivity, oversight and flexibility on creating equal
access and opportunities for women in law firms.
In July 2013, the National Association of Women Lawyers
issued a report called “Actions for Advancing Women in Law
Firm Leadership and in the General Counsel’s Office” (Report).
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 49
. In issuing its 2013 Report, NAWL summarized its “Actions for
Change” as a result of NAWL leadership summits in 2007 and
2010–2011. The report referenced its first summit of female
lawyers and leaders, which was convened in 2007 to address
retention and promotion of women in law firms. The summit
followed NAWL’s challenge in 2006 “to double the percentage of
women equity partners within the Am Law 200.” When the initial NAWL summit was held in 2007, its survey showed that “men
held 92 percent of managing partner positions in the largest U.S.
law firms, 85 percent of the seats on firm governing committees
and 84 percent of equity partnerships.” Five years later in 2012,
NAWL completed “National Survey on Retention and Promotion
of Women in Law Firms” following a series of second summits.
The report sadly concluded, “Five years later, the numbers are
disturbingly the same. The ‘2012 National Survey on Retention
and Promotion of Women in Law Firms’ confirms that little
progress has been made in advancing women and diverse lawyers
into leadership positions.
Further, the latest survey revealed that
women are leaving big firms earlier and the proportion of women
entering big firm practice decreased for the second year in a row.
Women still lag in compensation . . .”
Firms need to have formal Women’s Initiative Committees.
These committees should promote rainmaking activities, professional networking and guidance on the partnership process.
Focus must be on improving business generation activities, the
importance of networking in the community and the “how-tos”
of making partner within the firm.
Further, the committees must
be accountable to the management of the firm.
In addition, law firms must promote women to leadership positions, and the importance of this principle must be adopted by
the senior management. The involvement of female attorneys in
focused marketing activities and women in the profession activities through the bar association or otherwise must be supported
and ingrained throughout the firm.
Law firms need a transparent compensation system where
maintaining, expanding and growing a firm client will result in
increased compensation. Senior female partners must also reach
back to help associates.
Too often, not enough mentoring and
support is provided to female attorneys coming up the ranks by
those who have been successful in the firm. Complex assignments should be distributed equally, and part-time policies must
be adopted and enforced.
So . .
. Where Do We Go Now?
Tips for Female Attorneys
While there is greater sensitivity to the principles that are needed
to advance women in law firms, we are not there yet.
50 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
Female attorneys must also take responsibility to succeed in a law
firm. To that end, here are some suggestions:
.
â– â– Be
an outstanding attorney. So often we overlook this part
of the equation. Demonstrate how your skill set is exemplary and how you can handle a major complex transaction or
litigation matter. Further demonstrate how important your
skill set is to clients.
â– â– Be a rainmaker.
Originate new clients or client matters. Even
if you are not originating new clients, maintain and expand
existing client relationships.
â– â– Be responsive. Show clients and supervising attorneys that
their matters are important.
â– â– Be a ï¬rst chair.
No one expects an associate to try a significant
case or handle a significant transaction alone. However, there
are various ways to show first chair responsibility. Be “first
chair” on an aspect of the transaction or lawsuit.
For instance,
an associate can be “first chair” in handling discovery disputes
before a discovery master, handle and facilitate expert testimony, take and defend important depositions and the like. This is
important to making partner, as it shows an ability to handle
matters independently.
â– â– Be integral to a client or client’s work. Be the “go to” person with the client, even if the billing partner is that client’s
lawyer as well.
Ingratiate yourself with the client. Know the
client and learn about the client. Be indispensable.
Let the
client understand how you add value to his cases or transactions. Present a situation where you are in direct contact
with the client and considered a resource by the client. Be
an expert in your field.
â– â– Find yourself a real mentor.
Often, mentors are assigned and
there is no chemistry. Identify a senior attorney whom you like
and respect, and reach out to that person and request business
mentoring. Work with your mentor on partnership and business generation.
â– â– Advocate for yourself.
Demonstrate your significant accomplishments at the firm. Shout them out. No one can be a better
advocate for you than you.
â– â– Be an effective leader.
Lead by example. Provide constructive
criticism and praise to younger attorneys. Commend attorneys
who achieve results and victories.
Show that you can support
the efforts of others and that you are a team player.
Nothing is perfect. As law firms continue to be receptive to
changing the atmosphere to be more inclusive and recognize the
importance of these principles, with drive, hard work, meaningful effort and guidance, female lawyers will continue to advance
at a greater pace in law firms. â–
STEPHANIE RESNICK (SResnick@foxrothschild.com ) is chair of Fox
Rothschild LLP’s Directors’ and Officers’ Liability and Corporate Governance
Practice Group and former chair of the firm-wide litigation department.
She is
a senior trial lawyer who handles business disputes in state and federal court,
has served multiple terms on the firm’s management committee and is former
chair of the partnership advancement committee.
Editor’s Note: The Ninth Annual
NAWL National Survey on Retention
and Promotion of Women in Law
Firms is now available at
www.nawl.org/p/cm/ld/fid=506.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 51
. RAINMAKERS SHINE
Who Always
MCCA’s Annual List of Rainmakers proves that the profession has talented lawyers who
also have valuable business development skills. This list includes attorneys from around
the country who practice a wide variety of law. Their success stories offer
insight and value to lawyers at every career stage.
By Patrick Folliard
52 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
. DEBRA BAKER
Partner
Baker Wotring LLP
Houston
Years Practicing: 30
Practice Area: Environmental and Litigation
“Having a unique niche
area of expertise is a way to
attract and retain clients,”
says Debra Baker. “We’re a commercial litigation and
environmental boutique law firm—it’s unusual for a
small firm to do both the regulatory side of environmental as well as full-scale environmental litigation—
providing representation to companies, governments,
ports, railroads and individuals in significant and
complex matters.”
Prior to establishing Baker Wotring in 2001, Baker
was at a big Houston firm handling a complex, ongoing
case. But when the firm merged with another even
larger firm on the other side of her case, an insurmountable conflict arose. “The client asked me to stay
with the case, and it was negotiated that we’d set up
a small firm,” recalls Baker.
“I was flattered, and the
large matter went on for several more years. During
that time we discovered a real market for a boutique
firm. Fourteen years later, we are still here and flourishing and have achieved record-setting results for our
clients in a number of diverse and complex cases.”
Born in Washington, D.C., the daughter of a career
military man and a Japanese war bride, Baker worked her
way through the University of Maryland and Georgetown
University Law Center.
She left Washington for Houston
in search of opportunities. “In the ’80s, Houston was an
especially dynamic place for law then; there was a lot of
work surrounding refining and shipping.”
Despite its relative size, Houston has a small town
feel, says Baker. “It’s really not unusual here for
lawyers and clients to become friends.
We do CLEs
for clients, volunteer at their organizations and team
up with them to do charity events. For over 20 years,
Baker has also produced, written and/or performed
in an all-lawyer musical theater production in Houston, leading her to meet numerous lawyers and judges, while raising an amount approaching $1 million
for law-related charities. “In building a practice here,
it really helps to include a social component.
I also speak and publish a lot on environmental law
topics.
I have taught environmental law at area law
schools, and some of my former students have become
clients. But foremost, we strive to provide the highest
level of client service and produce an exceptional work
product for our clients.”
MICHAEL A. BROWN
Litigation
Miles & Stockbridge
Baltimore
Years Practicing: 25
“Ask, ask, ask,” says Michael Brown.
“That’s how
you get work. If they say no,
you are in the same place
you were before you asked.”
A principal and trial lawyer in Miles & Stockbridge’s Baltimore office, Brown
handles complex cases in a number of jurisdictions
around the country with a focus on products liability,
mass torts and commercial litigation.
Now considered a rainmaker, Brown didn’t like traditional associate responsibilities early in his career and
knew he had to find a way to be engaged with the firm’s
work. “I had just bought my mother a new house, and
giving up wasn’t an option.
So I began finding clients of
my own and asking for opportunities to try cases.”
Several years after starting his career in 1989 at
Miles & Stockbridge, Brown set out on his own with
two friends. That is where he learned the most about
being a rainmaker. For Brown, those years were “sink
or swim” time, and he swam.
The firm he helped
found grew to become Maryland’s largest certified minority-owned law firm. In 2009, he returned to Miles
& Stockbridge with a sizable book of business.
“I know my interests, as well as my strengths, and I
like trying cases more than running a firm. Returning
to Miles & Stockbridge gave me the opportunity to try
large cases and to be supported by the resources of a
larger firm.”
Despite the focus on self-preservation, says the
Georgetown Law grad, “We’re all in this together.
While I like to bring in work and win cases, I’m not the
guy to write a 50-page brief for appellate court.
It takes
a team to sustain a top-notch practice, and I am lucky
to work with talented lawyers, paralegals and support
staff who help make it happen.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 53
. KELLY-ANN CARTWRIGHT
Partner
Holland & Knight LLP
Miami
Years practicing: 24
Practice Area: Labor and Employment
Like a lot of other rainmaking partners, Kelly-Ann Cartwright cites time
as an ongoing challenge. In addition
to a full litigation practice, she is also
on Holland & Knight’s Directors Committee and serves as the
executive partner of the firm’s Miami office. “It’s definitely a
balancing act. As a partner, you’re under constant pressure to
bring in work.
But you also have to give constant attention to your
practice.”
Cartwright’s practice focuses on general civil and commercial
litigation with an emphasis on employment discrimination, civil
rights, business torts and labor law.
“My practice didn’t develop overnight. It’s a work in progress,”
she says. “As you develop expertise and become successful in
matters with clients, more business comes your way.
Of course
the timing has to be right. Certain things—like the right class
action or collective action lawsuit—get you seen and open doors.”
In her third year of studying finance at the University of Florida, Cartwright decided against a career in the banking industry
and opted to pursue a career in law instead. “I like the debate.
I
like litigation and advocacy. A certain thrill still comes from litigating a case successfully, whether it’s a success at the summary
judgment stage, arbitration or trial.”
Born in Georgetown, Guyana, Cartwright spent four years
in England. The family then moved to the States and settled in
Miami, a city she describes as a vibrant place to be educated and
pursue a career.
In terms of business development style, Cartwright says doing
good work generates the best referrals.
“It’s also important to be
out there doing speaking engagements and seminars,” she says.
“Anything that places you in front of people who have the ability
to hire outside counsel is beneficial.”
SAMUEL A. DANON
Partner
Hunton & Williams LLP
Miami
Years Practicing: 24
Practice Area: Business Litigation
Early in his career, Sam Danon’s
language skills set him on the road to
rainmaking. “I had not thought much
about it before, but when I was help-
54 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
ing a domestic company with its operations in Latin America,
the GC expressed how beneficial my dual language skills were to
American clients.
A light bulb went off: Because my first language
is Spanish, Latin American clients were very comfortable with
me. And as a U.S.-trained attorney, I could report back to domestic clients on Latin American-related matters in English, ensuring
that they had a very good understanding of the matter.”
Today, Danon’s practice focuses on commercial disputes,
investigations, consumer class actions, government regulatory
advice and corporate compliance, largely for financial institutions
and manufacturers of consumer goods. “Litigation is what drives
the practice.
Half of my work deals with matters that have a
connection to Latin America—either Latin American companies
being sued here or domestic companies that have operations in
Latin America and need guidance.
“My goal was always to have my own practice,” says Danon,
who earned his JD at the University of Pennsylvania Law School.
“So, I focused on upcoming opportunities from the beginning. I
viewed all of the work I was given as a chance to create lasting relationships and was never concerned with the immediate dollars
involved. Looking back, I think I had a sense of the big picture
that has served me well.”
Still, a lot of what comes a lawyer’s way is based on being in the
right place at the right time, so preparation is extremely important.
For Danon that means being a strong practitioner who proves his
credibility by not only bringing in work but also continuing to try
cases.
And he does this in addition to performing his duties as head
of the Hunton & Williams Litigation team, a team of more than 300
attorneys located throughout the United States.
“I try not to get bogged down thinking in the short term,” he
adds. “So much is measured on a yearly basis, so it’s easy to get
caught up in annual results, but I know it’s not helpful in the
long run.”
SAMIR A. GANDHI
Partner
Sidley Austin LLP
New York
Years Practicing: 25
Practice Area: Corporate
“After pitching a prospective client
at lunch, rarely do you go back to the
office and find a message saying they
want to hire you,” says Samir Gandhi.
“Now and then people will hire you for a large matter immediately without having worked with you before.
But most of my
significant work comes from lasting relationships I’ve developed
by taking the time over a number of years to listen to clients and
understand their business and concerns.”
. Gandhi is the co-practice leader of Sidley Austin’s New York
corporate group and focuses on capital markets offerings, corporate and governance matters, private equity transactions and
transactions involving India. He also represents The Confederation of North, Central America and Carribbean Association Football, one of the confederations comprising FIFA, the governing
body of world soccer. “It is far more boring than it sounds, but
pretty interesting as far as practices go,” he says.
At Sidley, all lawyers are encouraged to be commercial but also
encouraged to work together in teams, he says. “When I pitch clients, I pitch the firm and the vast resources and expertise we can
provide–I rarely pitch myself.
I make sure we’re being responsive
and that subject matter experts that the client needs are available
to help. I’m the quarterback of a great team. That’s the benefit
of a large firm with lots of resources and lawyers who make it a
priority to collaborate with each other.”
Gandhi advises associates, “Today’s young lawyers have great
communication skills but these tend to be primarily electronic
and social media-based.
The most important advice that I have
gotten and give is: Learn to listen. The best way to do that is
through personal interaction–you don’t need to listen when you
are texting someone, but you do when you are on the phone or
meeting them in person. Shooting off an email to a client or a
colleague isn’t always the best way to understand the client’s
business and needs.
And discipline is imperative.
For 20 years, Gandhi has made
at least three practice development calls to clients and potential
clients each week, sometimes more but never less. “Finding who
to call is the easy part. The hard part is having something to say.
Only when you say something smart that is valuable to them and
their business will they listen.
Clients who think you have their
interests in mind and can provide them with value always call
you for work.”
FAITH E. GAY
Partner and Co-Chair of National Trial
Practice
Quinn Emanuel Urquhart & Sullivan
LLP
New York
Years Practicing: 28
Practice Area: Litigation
Growing up in the segregated South,
Faith Gay aspired to become either
a lawyer or a minister. “I liked to tell stories and had an interest
in social change, so both paths appealed to me,” she says.
“But
ultimately I decided I could have more of an impact in law, and
there were even fewer female ministers than women practicing
trial law at the time.”
Gay is co-chair of Quinn’s national trial practice. Her own
practice is divided among complex civil litigation, corporate
governance and white collar matters. Prior to entering private
practice, she was deputy chief of the Special Prosecutions Unit
and the Civil Rights Division while serving as an assistant United
States attorney in the Eastern District of New York.
Because Quinn is an all-litigation firm, there is no corporate
practice to feed litigators.
Senior partners devote significant
time to cultivating new work. “Essentially, we build on the firm’s
reputation as the most aggressive and creative trial practice
in the world. We strive to be game changers while remaining
ultra- ensitive to our clients’ major challenges.
We are devoted
s
to anticipating our clients’ objectives and the strategies of our
adversaries 24/7.”
For Gay’s generation, the number of women trying major cases
is small. “But that’s changing. As women have developed worldclass trial resumes and clients have become more sophisticated,
opportunities for women have expanded.
“These days,” says Gay, “I don’t get hired because I’m a woman.
I’m hired for my depth of experience.”
FRANCIS Q. HOANG
Partner
Fluet Huber + Hoang PLLC
Woodbridge, VA
Years Practicing: 12
Practice Area: Government Contracts
Before he was a lawyer, France Hoang
was already making the connections
that would make him a rainmaking
partner. A West Point graduate, he
served as an officer in the U.S.
Army and later went on to earn a
JD from Georgetown University Law Center.
“Law struck me as yet another way to serve,” says Hoang, who
was evacuated from Saigon at age two and grew up in Washington state. “As an immigrant, I don’t take freedom for granted. I’ve
always been driven by a desire to give back.”
A partner with Fluet Huber + Hoang since 2010, he represents,
advises and counsels middle-market companies on a wide variety
of matters, including sensitive government inquiries and internal
investigations, corporate compliance, corporate governance and
government contracts law.
Prior to his current position, Hoang served as associate counsel to the president of the United States under President George
W.
Bush. He was briefly an assistant United States attorney in the
Eastern District of Virginia.
Hoang’s ethos of service extends to his ideas on business
development. His mission is to help others solve problems as
painlessly as possible.
Similarly, he is there for his colleagues: In
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 55
. addition to building and sustaining his own book of business, Hoang is in charge of business development strategies for the entire
firm. “Beyond my own book,” he explains, “I oversee a marketing
and sales system based on tangible results that supports other
partners in building their books. At our firm, entrepreneurial lawyers can come in and build something they can call their own.”
His advice to associates: “Be stellar at your craft. But it’s also
important to lift your heads from the legal documents and meet
other people.
Enjoy people. Ultimately, clients hire lawyers based
on relationships. People want to be with people whom they like.”
MARY E.
INNIS
Managing Partner
Innis Law Group LLC
Chicago
Years Practicing: 28
Practice Area: Intellectual Property
Over four years ago, after decades
in big law, Mary Innis opened her IP
boutique firm in Chicago. Innis Law
Group specializes in trademark, copyright, unfair competition, advertising, rights of publicity, privacy
and Internet law.
Her practice is based on developing authentic relationships
with clients, says Innis. “My clients stay with me because I do
good work and place an emphasis on service.
They know I genuinely care.”
After law school, Innis joined a prestigious Chicago firm
with a heavy concentration in trademark litigation. “As one of
the younger lawyers, and for many years the only female equity
partner at that firm, I learned that I couldn’t depend on senior
partners to choose me for the work I wanted to do. So through a
combination of luck and sheer determination, I molded my own
practice from a young age.
As a young associate, I amassed over a
million dollars of business.
“From the start, I had a passion for advertising work and
sought it out. I like it because it encompasses things like fashion
and entertainment, parts of our everyday lives that are easy to
understand.” Ambitious and interested, Innis pursued cases and
connections involving the branding, advertising and media world
throughout her career. “When I started my practice there was no
Internet.
I moved along with my clients as things changed from
putting a name on a brand of product to content marketing and
branding and emerging multi-platform advertising promotions.
The practice has changed. And 20 years later I still have a lot of
the same clients.”
56 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
RANDALL R. LEE
Partner
Wilmer Cutler Pickering Hale and Dorr
LLP
Los Angeles
Years Practicing: 26
Practice Area: Litigation/Controversy
Rainmaking partner Randall Lee’s
practice involves representing
companies and individuals facing
investigation or enforcement action by the government, mostly
commonly the Securities and Exchange Commission and the U.S.
Department of Justice.
“Business development can be tough in
this practice area,” he says. “Clients’ needs are unpredictable, and
most clients aren’t a source of repeat business. In fact, when a
matter is done, it’s not uncommon for a client to say, ‘Thanks very
much for the help, and I hope I never see you again.’”
Lee started his legal career as a transactional lawyer, but after
four-and-a-half years he began to have doubts.
“What I really
wanted was to wear a white hat as a government lawyer. It took
a leap of faith. I’d never set foot in court or written a brief before.
But I knew it was time to give it a try before it became too late.”
Lee’s interest in public service was initially piqued by his
family’s experience.
His maternal grandfather was the first Japanese-American graduate of the University of Washington law
school. But that didn’t preclude Lee’s mother’s family from being
incarcerated in internment camps during WWII, along with over
70,000 other American citizens of Japanese ancestry.
Lee has never regretted his decision to change practice areas.
He spent 13 years in public service, serving first in the U.S. attorney’s office for the Central District of California and later as SEC
regional director in Los Angeles and “loved it from the first day to
the last.”
In 2007, Lee returned to the private sector to open WilmerHale’s Los Angeles office.
“It was a daunting proposition. I came
from government without a single client,” he remembers. “And
like a true California startup, our first location was my garage.
Now we’re a thriving and busy office with over 30 lawyers.”
.
VINCENT J. NAPOLEON
Partner
Nixon Peabody LLP
Washington, D.C.
Years Practicing: 30
Practice Area: Government Contracts
Vince Napoleon shies away from the
term “rainmaker” as it applies to his
model of business development. He
sees himself more as a team leader
and a trusted legal and business advisor to his clients. He brings
a unique perspective to the table as a result of his experience and
leadership.
“I lead Nixon Peabody’s government contracts team and work
with a multi-practice group of lawyers across our firm’s offices,”
Napoleon explains.
“We work closely with companies to help
them take advantage of the opportunities associated with federal,
state and local government contracts. Beyond the contracts, we
make sure our clients also understand the risks, obligations and
larger business issues associated with them. In addition to our
traditional government contract work, we have recently expanded our practice to include working on public-private partnerships
issues.
“I am focused on serving not only as a legal advisor to my
clients,but also as a business partner,” says Napoleon.
“I look for
ways to help our clients’ businesses forward, identify new business opportunities or weigh in on strategy where my knowledge
and experience can add value.”
Prior to joining Nixon Peabody, Napoleon served as general
counsel of major divisions of Fortune® 100 companies for more
than 25 years. “That experience provided me with valuable
insight from a client’s perspective as I think proactively about
solutions to our clients’ business challenges,” says Napoleon. I
also served as general counsel of two publicly held companies (a
pharmaceutical-related company and a biotechnology company)
where I was a member of senior leadership teams and advised
and counseled boards of directors.”
A Philadelphia native who was determined to be a lawyer
since the age of nine, Napoleon says he realized his goal with the
support of interested teachers and an intense professional pipeline program geared to minority high school students.
He enjoys
his work and values his clients. As he supports his clients’ needs,
Napoleon believes, “It’s vital to have an understanding of what it
means to supply good client service–being proactive and predictive to provide insight into and an understanding on the issues a
client hasn’t yet anticipated.”
CYNTHIA R. ROWLAND
Partner
Farella Braun + Martel
Family Wealth, Exempt Organizations
San Francisco
Years Practicing: 27 years
Cynthia Rowland describes herself
as a connector.
“I connect people
with those who can help them achieve
their goals. It might be me, or it might
another attorney, but I’m always thinking about how to get the
problem solved by the best person.”
A partner in Farella Braun + Martel’s San Francisco office,
Rowland specializes in representing nonprofits and their donors.
Over the years, her practice has evolved into something uniquely
her own.
Current projects include assisting with a charitable contribution of a large art collection; helping a “sharing economy”
business to create a corporate foundation; and, on the business
side of philanthropy, representing a large nonprofit with a major
property acquisition. Rowland is enthusiastic about her clients
and the diversity of the challenges they bring.
“What’s not to like
about helping good people to make the world a better place?” she
asks.
When the economy tanked in 2008, Rowland remained busy.
“Mine is actually a stable practice with mild ups and downs. Still,
it’s necessary that I be willing to grow and evolve. Early on in
the development of my practice, I would frequently change what
I was doing to look for new ways to reach new clients.
Now, I
change when necessary to remain relevant. Innovation and connection is what make me stand out to a lot of clients.
“I entered the profession very shy with two young children,
but I really enjoyed the work. It took many years to build a robust
practice.
It wasn’t easy, and it took a concentrated effort. But I
love what I do, and that makes it all click. When asked by young
attorneys for advice on becoming a rainmaker, that’s what I tell
them: Do what you love.”
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 57
.
JESSE H. RUIZ
Partner
Drinker Biddle & Reath LLP
Chicago
Years Practicing: 18
Practice Area: Corporate & Securities
Jesse Ruiz never takes his rainmaking status for granted. A client once
told him “never confuse effort with
results,” and it hit home. “I can work
very hard, but if I’m not getting the results they’re paying for,
then I’m not serving their needs,” he says.
“I have to keep abreast
of what’s happening in their world and anticipate how to keep
them satisfied. I need to be a periscope for our clients. If I can see
around the corner and alert them to upcoming problems, then
I’m very valuable to them.
“During my first three years at the firm, I focused on working hard and learning,” says Ruiz.
“I was learning to be a skilled
corporate lawyer. Then I concentrated on growing my corporate
and securities practice.”
Drinker Biddle encourages its partners to be active civically
and engaged in public service. As one of a few Hispanic large firm
partners in Chicago, Ruiz is asked to do a lot of things, particularly with nonprofits and the local and national Hispanic bar
associations.
“It’s my way of giving back,” he says. “You show up
and get the job done. It is also a way to meet a lot of people who
become friends, and those relationships can at times lead to client
opportunities.”
In April, the mayor of Chicago asked Ruiz to temporarily step
in as CEO of Chicago Public Schools.
For three months, Ruiz,
who has served on city and state education boards, gave up his
practice to run the country’s third largest school district. It was
heady stuff for Ruiz, whose father was a Mexican immigrant with
a third-grade education. “In life you have to be ready for the unexpected opportunity.
You can position yourself, but sometimes
something just falls into your lap. To make the most of it, you
must be prepared.”
58 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
CHARLENE (CHUCK)
SHIMADA
Partner
Morgan, Lewis & Bockius LLP
San Francisco
Years Practicing: 34
Practice Area: Litigation
“Not many women and even fewer woman of color have received
recognition in my field,” says Charlene Shimada, a securities litigation partner in Morgan Lewis’
San Francisco office. But Shimada, a Hawaii native who goes by
“Chuck” (a middle school nickname that stuck), is a woman of
many firsts: first in her family to graduate college; first female law
clerk to her federal judge; first female litigation partner at her
prior firm, McCutchen Doyle Brown & Enersen LLP; and first
woman of color to serve as that firm’s office managing partner,
becoming one of the first women of color to serve in that position
in any major U.S.
law firm.
“It’s not that I set out to be first,” she says. “It’s that I love
my work and strive to be an asset to my clients and the firm.”
Shimada also strives to be a leader in and outside the firm. She
co-founded Women In Securities, a network for women securities defense litigators in the Bay Area that seeks to promote their
development and advancement.
She also serves on the Bar Association of San Francisco’s board of directors and is a Ninth Circuit
lawyer representative.
“The overwhelming portion of new business goes to attorneys
who already have relationships with the clients,” says Shimada. “So it’s hard to break in. This is challenging for women and
diverse attorneys who historically haven’t had the same opportunities to develop business relationships.”
In response, Shimada’s approach is to become indispensable
to clients, make their goals her own and always provide excellent
legal work, she says.
She also finds internal business development
can be a real boon. “When you’re in a large national or global
firm with relationships in a wide range of industries, it’s critical
to market yourself internally. It’s part of the culture at Morgan
Lewis and is very much encouraged and rewarded.”
.
RAM C. SUNKARA
Partner
Sutherland Asbill & Brennan LLP
Houston
Years Practicing: 12
Practice Area: Energy, Environmental
and Commodities
“There isn’t a set blueprint for
business development,” says Ram
Sunkara, a rainmaking partner whose
practice includes representing Fortune® 100 companies, private
equity firms and diversified energy companies pursuing cutting-edge energy investments and implementing global energy
efficiency and sustainability initiatives. “Your approach must
dovetail with your personality and strengths. Throughout my
career, I’ve learned different business development techniques
from my mentors and other successful attorneys.
I utilize a lot of
those skills in ways that suit my personality. The legal industry is
a relationship-driven business, and for any relationship to thrive,
it has to be based on authenticity.”
Sunkara recognized early in his career that he had a knack for
relating to a wide range of clients and understanding their needs.
“It’s important to move from being a doer to a trusted business
adviser to the client. To achieve that, one must learn the ins and
outs of their clients’ businesses and be proactive in identifying
both risks and opportunities for clients utilizing that expertise.”
Born in India and raised in Atlanta, Sunkara is one of the
youngest equity partners in Sutherland’s history.
He credits his
parents with instilling in him a love for learning and a strong
work ethic. “They were first-generation immigrants who didn’t
have a lot, but they gave me everything they had.”
Sunkara always knew he wanted to do transactional work, but
his start was in a different practice. “I entered the profession just
after the dotcom bubble burst, so my first firm assigned me to
products liability litigation.
While I’d later move back to transactional work, litigating was actually a good experience for me. I
learned the importance of understanding complex subject matter
and how to avoid ambiguity in the transactional context.”
When asked how he sustains his large stable of clients, Sunkara cited a known quote: “Successful people are not gifted; they
just work hard, then succeed on purpose.” Rainmaking, according
to Sunkara, takes both hard work and design. “You have to really
understand your client’s business.
That means making an investment off the clock to learn about it—not just because it could lead
to business, but because you genuinely have an interest in your
client. Sincerity makes a big difference.”
JEONG-HWA (JUNE) LEE
TOWERY
Partner
Nelson Mullins Riley & Scarborough
LLP
Atlanta
Years Practicing: 19
Practice Area: Korea
Jeonghwa (June) Towery is uncomfortable with the label rainmaker.
But she recalls vividly when she was recognized as one: “It was
during my partner review. An executive committee member noted my book of business and said ‘now you’re one of the big boys.’”
In Korean culture, women are expected to remain in the background, says Towery, a native Korean who came to the U.S.
as a
college student. “Throughout my career I’ve walked a fine line
balancing a showing respect and commanding authority.”
Prior to her legal career, Towery taught school for nine years.
But there came a point when she looked at her children and wondered how she would send them to college on a teacher’s salary.
“I had to do something, but I didn’t think I had the language skills
to be a lawyer,” she remembers. “It was scary, but I did it.
And
I’m glad I did. I truly take joy in helping others, and my practice
allows me to do that.”
Towery mostly represents foreign-owned manufacturing
companies in the U.S. “Working with foreign expats, I spend a lot
of time explaining U.S.
laws,” she says. “I empathize with them.
They’re learning a new language and adjusting to life in a different culture while simultaneously running a company and having
to turn a profit.
“In some aspects, law practice is like teaching. I don’t just take
care of the problems.
I take time to explain and set up how they
can avoid future problems.”
Towery started her practice making cold calls. Today, most of
her work comes from referrals and repeat business. “My reputation as a trusted legal advisor is very important to me.
When
clients have a complaint about a bill, speed of service or my staff,
I take it very seriously. If they’re not satisfied in any way, then I
try to make it right for them.” â–
PATRICK FOLLIARD (epf2810@gmail.com) is a freelance writer based in Silver
Spring, Md.
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 59
. Ten Years after Receiving
an LMJ Scholarship:
Finding the
Class of 2005
60 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
By Glenn Cook
. Patricia Astorga knows she would not be where she is without help
from others. Now, as a corporate attorney with a top New York City law firm,
she’s making it her life’s work to give back.
“Not a day goes by where I think I could have done this on my
own,” says Astorga, who in 2005 was one of the first recipients of
the Minority Corporate Council Association’s LMJ Scholarship.
“I grew up with an early awareness that I was different from others and that I was discriminated against, and in a lot of ways that
shaped my views on our responsibility to help others who have
faced similar circumstances.”
Astorga, who knew limited English when she moved to the
U.S. from the Philippines at age eight, is now an associate at Milbank Tweed Hadley & McCloy. She also is a director of the Filipino American Legal Defense and Education Fund, an organization
that specializes in pro bono legal services and “know your rights”
programs for the immigrant community.
This pay-it-forward approach is what the LMJ Scholarship has
helped engender over the past 11 years.
More than 160 first-year law
students, all highly qualified but facing steep financial hardships,
have received the $10,000 award from MCCA. Many also have received funds from the organization for their second and third years
in law school, as well as internships from MCCA members.
Today, those who have finished law school have gone on to
varied careers in the corporate, government and nonprofit worlds
(see sidebar on page 62). Over the next several issues, Diversity
& the Bar will profile scholarship recipients from each class and
look at what they’re doing now to make a difference.
Mom Knows Best
Like Astorga, many of the scholarship recipients are first- and second-generation immigrants who have had to overcome significant
cultural and socioeconomic barriers.
Astorga faced hurdles as a young child.
Her parents had split up,
which was frowned upon in Manila’s deeply Catholic community
already facing a difficult economic and social transition at the end
of the Marcos regime.
“Being the child of a single parent poses extra challenges, and
I certainly faced some discrimination because of it,” she says. “It
was more so in my everyday life, with people asking, ‘Why are your
parents not together?’ I was having to deal with circumstances that
weren’t ‘normal.’”
When she was eight, Astorga’s paternal grandmother pulled
her out of school and brought her to Jersey City, N.J., without
telling her mother, Diana. When she found out, Diana “gave up
everything—her career, her home—and flew here to be with me.”
“I didn’t know much about what was going on at the time.
But
my mom raised me and put me through school there,” Astorga
says. “I grew up in a predominantly immigrant community. People
took it on themselves to help us, to help my mother get a job, to
help me adjust to school, to help me learn English.
That made a
huge impact on my life.”
Astorga also learned her first lesson about the law from her
mother, who made sure the proper paperwork was filed so she
could eventually become a U.S. citizen.
“My mother taught me that the law affects the everyday lives
of the people around you,” Astorga says. “She compared it to
knowing the rules of the game.
You can’t win the game if you don’t
know the rules, and to succeed in this environment, you needed to
know the rules of the law.”
The MCCA scholarship
opened up doors I never
knew existed in the law.
Do the One Thing that Scares You the Most
Astorga’s mother taught her another valuable lesson: “Always do
the one thing that scared me the most.” So as a freshman at McNair
Academic High, she decided to join the school’s mock trial team.
“I was painfully, painfully shy,” she says. “I could not get up and
do public speaking in front of an audience, but I joined the mock
trial team because my mother urged me and pushed me to do so. I
realized I loved researching and forming arguments and analyzing
facts and the law.
Most of all, I really loved being in court.”
Astorga finished her bachelor’s degree magna cum laude at
New York University. Then, thanks in part to the MCCA scholarship, she earned her law degree at Cornell. As an undergraduate
and law student, she took advantage of every internship opportunity available.
Ultimately, she completed six internships, ranging
from work in a real estate law office to a legal aid society to stints
for Sen. Hilary Clinton and the attorney general’s office in Washington, D.C.
“The MCCA scholarship opened up doors I never knew
existed in the law,” she says. “It gave me an opportunity to work
as an intern in a large firm (Astora Seneca) and to learn what the
in-house legal function is like.
Because of my other internships, I
knew what my clients’ business was like, and I understood their
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 61
. demands. The Astora Seneca internship gave
me a big picture view of what practicing in a
large firm would look like.”
After graduation, Astorga spent almost
five years as an associate at Weil Gotshal and
Manges. There, through her work with FALDEF, she became involved in Jose Antonio
Vargas’ protracted immigration battle. The
Pulitzer Prize-winning reporter and documentarian made headlines when he wrote
about growing up in the U.S.
as an undocumented immigrant.
“The only difference between us was I
have a piece of paper saying I’m an American citizen, and his situation and struggle made me think of how much harder my life
would be if I didn’t have that piece of paper,” Astorga says. “It
could have very easily happened to me if my mom didn’t know
better. When the story broke, I contacted him and said I wanted
to work on his case directly.
I got the firm to provide pro-bono
assistance. For me, that was the most meaningful work I’ve done,
helping someone with such a similar story to mine.”
At her current firm, Astorga is focusing on white-collar litigation. Despite the pull she feels to help others with similar stories,
she enjoys corporate law and wants to balance the two
different places in her life.
“What really impressed me about big law was the
quality of attorneys that are out there,” she says.
“I wondered at the time if there were attorneys I could see myself emulating five to 10 years from now, and I’ve found
that in the two firms I’ve worked for and in the clerkships I’ve done. This work will only make me better.”
Now that she is settled in her job—and is the mother
of a soon-to-be toddler—Astorga is thinking of ways
she can continue to help those who are less fortunate.
With her own money, she is starting a foundation in
the Philippines for children of single mothers who are
interested in pursuing a law career.
No matter where she goes, her mother’s advice sticks with her.
“When I think of the plight of all undocumented immigrants who
wanted a better life in the United States, I can’t help but think of
my mom telling me that I have to know the law and what to expect here. I’ve been very, very fortunate to have her encouraging
me to do that.” â–
GLENN COOK (glenncook117@gmail.com) is a freelance writer and
photographer based in Northern Virginia.
The first recipients of the Minority Corporate Counsel Association’s LMJ Scholarship have gone on to varied careers in
the corporate, government and nonprofit worlds.
Here is an update on the Class of 2005 and what they are doing now:
â– â– Heidy Abreu is corporate counsel at
Sarepta Therapeutics Inc., in the Greater
Boston area.
â– â– Andrea Arias is an attorney at the Federal
Trade Commission’s Division of Privacy
and Identity Protection in Washington, D.C.
â– â– Patricia Astorga is an associate in the
New York office of Milbank Tweed Hadley
& McCloy.
She also is a board member on
the Filipino American Legal Defense and
Educational Fund.
â– â– Theodore Bynum III is an associate
in the Technology, Manufacturing and
Transportation division of Husch Blackwell in St. Louis.
â– â– Martha Casillas is an attorney for the
California Department of Industrial Relations in the Greater Los Angeles area.
â– â– Rosario Daza is a staff attorney for the
Abriendo Puertas/Opening Doors Project
at the Northwest Justice Project in
Seattle.
â– â– J. Steve Franco is an associate attorney
with the Ratto Law Firm in Oakland, Calif.
â– â– Tarik Gause is an associate in the Capital
Markets Group at Shearman & Sterling in
Sao Paulo, Brazil.
â– â– Maria E.
Jones is corporate legal counsel
at Oracle in San Francisco.
â– â– Emily Liu is associate director and manager of diversity and inclusion at Emory
Law School in Atlanta.
â– â– Bendita Malakia is vice president and
assistant general counsel at Goldman
Sachs in Irving, Texas.
â– â– Gerron McKnight is labor and employment counsel at The Christ Hospital
Health Network in Cincinnati.
â– â– Brenda Pacouloute is an assistant public
defender for the Broward Public Defender’s
Office in the Miami/Fort Lauderdale area.
â– â– Nathan Perez is managing director of David Taussig & Associates in San Jose, Calif.
â– â– Timothy Reed is an associate attorney at
Ogletree Deakins Nash Smoak & Stewart,
PC in San Francisco.
â– â– Samuel Roe is director of public policy
and special initiatives for Citizen Schools
in Washington, D.C. He also served as an
innovation advisor and ConnectED fellow
62 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
at the U.S. Department of Education’s
Office of Educational Technology.
â– â– Ebony Smith Sampson works as a broker at Metro Commercial Real Estate in
the Philadelphia area.
â– â– Christy Bedonie died in September
2013 at age 39.
A member of the Navajo
Nation, she received her law degree from
UCLA before representing tribal governments at the firm of Akin Gump Strauss
Hauer & Feld. She also worked on the
staff of Rep. Brad Carson, the National
Indian Gaming Commission and the Senate Committee on Indian Affairs.
She also
previously served as an attorney with
Akin Gump Strauss Hauer & Feld, where
she represented tribal governments.
Details about the LMJ Scholarship
Program can be found at www.mcca.
com/scholarships. If you are interested
in working with this or donating to this
program, contact Aracely Muñoz Petrich,
vice president of strategic development, at
aracelymunozpetrich@mcca.com.
. Q&A
Neil Wasser,
Chair of the Executive Committee
Q:
Roving Reporter
Frank Constangy—passed away. What did he teach you that you use today in
A: My grandfather said you can tell a lot about people from the way they treat servers
in a restaurant. Our lawyers treat each other, and our staff, with respect. Even when
our clients aren’t looking.
Q:
th
anniversary.
Anything new going on?
A: Lots. We’ve added a new name to our door. Just upgraded to Microsoft 8.1,
Donald Prophete
Newly Named Partner
Piyumi Samaratunga
Anjanette Cabrera
Jim Goh
A wider lens on workplace law
www.constangy.com
Alabama • California • Colorado • Florida • Georgia • Illinois • Massachusetts
Minnesota • Missouri • New Jersey • New York • North Carolina
South Carolina • Tennessee • Texas • Virginia
.
PROFILE IN PERSEVERANCE | BY TOM CALARCO
Senator Cyrus Habib:
Illuminating the Darkness
For attorney Cyrus Habib, visibility is central to our sense of identification.
To shed light on the problems we face in American society and to do what is
needed to solve them has become the focus of his life. The 33-year-old Washington state senator, blind since the age of eight, is a man on the move. From
Columbia to Oxford to Yale, and now in Bellevue, Wash., his story is an improbable one. He credits much of his success to his parents.
“They were so good at parenting.
I
look back at a childhood that was
happy, though there were unpleasant experiences like the IV drip
and surgery.”
Diagnosed with cancer of the
retina in infancy, the likelihood
that he would even become an
adult appeared remote. Through-
as a state representative and in
2014 as a senator.
“I tend to be an optimist. Knowing I would eventually be blind,
I got acclimated to it,” he says,
“starting with reading large print
and in second grade, braille.
If you
have to lose your eyesight, eight
was still young enough so that you
“If you have to lose your eyesight, eight was still young enough
so that you can adapt quickly. But it built up a catalogue of
visual memories. I like to joke that all my visual memories are
from the 1980s, so for me everyone still looks like Boy George
and Cyndi Lauper.”
out his childhood, he endured
chemotherapy and radiation,
three times his cancer reemerging.
He had lost sight in his left
eye in infancy, and at age eight
it was necessary to remove both
retinas in order to prevent the
cancer’s spread.
“The doctors at Johns Hopkins
protracted my eyesight as long as
they could,” he says.
Yet, the son of Iranian immigrants has become the first and
only American of Iranian descent
to be elected to state office: in 2012
64 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
can adapt quickly. But it built up a
catalogue of visual memories. I like
to joke that all my visual memories are from the 1980s, so for me
everyone still looks like Boy George
and Cyndi Lauper.”
Habib’s parents came to the
U.S.
during the 1970s, first his father as a student in 1970. Later, his
dad married the senator’s mother
in Paris, and they moved permanently to the U.S. in 1979 after the
Ayatollah Khomeini took control
in Iran and a rigid theocracy became the order of life.
“My dad worked for an American company as a contractor
and was going back and forth,”
Habib says.
“His younger sister is
my mom’s best friend, and they
started dating in the late 1970s. The
revolution broke out, and my mom
finished her degree and left and
went to Paris.”
Both his parents are highly
educated: his father, an engineer,
and his mother, a superior court
judge. His mother encouraged
his independence.
An incident
in grade school is illustrative. He
wanted to play on the jungle gym,
but his teacher objected because
she thought it unsafe. So, his
mother wrote the teacher, giving
him permission.
“That was a lesson I learned
from my mom,” he says.
“There
are a lot of exclusionary practices
that people do out of compassion,
so what happens is that people are
excluded, though not intentionally.
Each of us faces obstacles, and we
have to be creative and work hard
to overcome them. Almost anything can be done if we are creative
and have enough ingenuity.”
Habib’s parents continually
challenged him, sending him to a
school for the gifted and talented
in fourth and fifth grade.
“I have a naturally competitive
streak so that gave me the motivation to do well.”
In sixth grade he was sent to
Bellevue International School,
which he attended through high
school. Considered among the nation’s top secondary schools today,
it was only in its second year when
.
Habib started there.
“I was in the second graduating class,” he said of the innovative school where there was no
principal, no electives, smaller
classes, student involvement in
the curriculum and longer class
times. “The gym teacher was the
French teacher, and you took one
foreign language all your years
and the final year, you took your
other courses in that language, and
both teachers and parents were
involved.”
Habib says he had “two or
three life-altering teachers” at
Bellevue and developed his love
for literature and political science
there. Outside of school his parents
continued to cultivate his independence. In addition to taking karate
and piano lessons, he went downhill skiing with his father.
“My dad would take me up and
direct me from behind, describing
the slope,” he says, “telling me, left,
right, left, right, cliff …”
Fortunately, Habib managed to
avoid falling off one.
His involvement in politics began in college at Columbia University in New York City.
“I ran for student government
and lost twice.”
He wasn’t about to give up, so
he applied for an internship with
then-newly elected Washington
Sen.
Maria Cantwell.
“I wanted to work on the Hill,
so I applied with Sen. Cantwell and
was accepted and loved the energy.
It was right before 9-11.”
Habib had gotten to know
people on Hillary Clinton’s staff
during his summer D.C. internship
and when he returned to school, he
obtained an internship in Clinton’s
New York office.
“The first day was September
14, 2001,” he says of that chaotic
time when they were overwhelmed
with requests for help to get back
electricity, garbage collection and
other essential services.
“Being a
part of what we were doing on the
constituent’s side, helping people
in this serious time of need, was
really powerful. And because of
things like the anthrax scare, it
didn’t seem totally safe, but it was
a high-adrenalin experience and a
great lesson in how you can make a
difference.”
The course of Habib’s life had
become forged.
“I applied and won a Truman
scholarship,” he says of his final
year at Columbia. “It’s a public
service scholarship, and I got to
go to Missouri for a week.
That’s
where I learned about the Rhodes
Scholarship, but I never thought I’d
be remotely competitive for it.”
He was wrong.
At Oxford, Habib studied literature and did his thesis on a comparison of the novels Invisible Man
by Ralph Ellison and Satanic Verses
by Salmon Rushdie.
“Invisible Man is about immigration from the South of a black
man into the metropolis of New
York City,” he says. “In Satanic
Verses, the character comes to
London to a ghettoized setting.
Both portray the link between
invisibility and identity. It got me
thinking how central vision is to
our sense of our identity, tracing
back to God’s first words in the Old
Testament, ‘Let there be light,’ and
Plato, in the story about exiting the
cave and the enlightenment that
occurred.
I saw how our lives are
MCCA.COM NOV.DEC.2015 D I V E R S I T Y
& T H E B A R 65
. tied to visuality, how race ties into
visuality, how living in the shadows
closes off groups.”
Following his experience at
Oxford, where he met young scholars from around the world and
traveled to about 50 countries, he
entered law school at Yale.
“A magical place,” he says, “so
focused on public service and the
idea of making the world a better
place really carried through.”
During his summer break, he
returned home to help his mother
with her campaign for superior
One of his pet projects, making
U.S. paper money identifiable for
the visually impaired has finally
gotten through litigation and is
on the future agenda of the U.S.
Treasury, which had been blocking
its implementation.
court judge. He also managed to
obtain a temporary position at
Perkins Coie, the leading law firm
in the state of Washington.
“I loved it,” he says of the
firm located in the heart of the
IT world. “I did advanced legal
work on technology matters for
Microsoft, Google and Facebook
and worked on the case of Salim
Ahmed Hamdan, the driver for
Osama Bin Laden, to ensure that
the government used due process
in prosecuting him.”
After law school, Habib decided
to move back home.
“I wanted to be part of the community and couldn’t do that in New
York.
It was too big.”
He joined the firm of Perkins
Coie, a great choice for a budding
66 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
politician considering it’s one of the
nation’s top political law firms and
the counsel of record for the Democratic National Committee. Clients
have included Barack Obama and
John Kerry and most recently, Hillary Clinton.
“I moved back to Bellevue
where I grew up, on the east side of
Lake Washington in 2009,” he says.
“Here in the Seattle area, Microsoft, T-Mobile, Expedia are close
by. Here is a place where amazing
things are going on, and there is so
much energy.”
He also saw political opportunity because of an aging leadership in
the Democratic Party there.
“I got involved with Rotary and
was appointed human services
commissioner,” he says.
“Then in
2012, one of the state representatives decided that she was going
to retire. So I started to position
myself and gathered a good group
of advisors and won that race.”
By a significant majority,
incidentally.
“Two years later, the Senate majority leader decided not to run,”
he says of Rodney Tom, who had
disaffected the party by caucusing
with the Republicans. Habib ran
for his Senate seat and won by an
even bigger margin than in 2012.
Shortly after, he was appointed
Democratic Whip, becoming at
age 33, a leading member of the
Democratic Party in the state of
Washington.
“I believe there are three
fundamental challenges we face,”
he says.
“The opportunity gap
in education and employment;
income inequality, which is a result
of the opportunity gap; and climate
change.”
Habib’s future plans are unknown, but he doesn’t see himself
as a state senator for the next 30
years.
“I’m still very young and unlikely to be in the state senate for
30 years. My job is to do a good
job today for my constituents, and
I’m sure that, if I do, I’ll be ready
for whatever opportunity comes
next. Right now, I want to address
those three challenges while I’m a
senator.
If I do a good job, then I’ll
focus on the next step.”
Those steps don’t involve the
use of a guide dog but a cane. More
important for him is Uber, the
ride-hailing service that that works
through a phone app.
“I’m so busy I need to get
around quickly,” Habib says of his
three jobs, as senator, community
relations liaison for Perkins Coie,
and professor at Seattle University
Law School. “I wouldn’t want to
impose my lifestyle on a pet.”
Speaking of pets, one of his
pet projects, making U.S.
paper
money identifiable for the visually
impaired has finally gotten through
litigation and is on the future agenda of the U.S. Treasury, which had
been blocking its implementation.
Back in 2007, Habib had begun
lobbying to make U.S. money “visible” to those who couldn’t see, like
it is in all of the major industrial
nations.
“Show me the money,” he
wrote in an op-ed in the Washington Post in support of a request to
the Treasury Department by U.S.
District Judge James Robertson.
Recently, the Treasury Department
announced that the $10 bill will be
modified to make it accessible to
the blind.
Habib is a man on the move,
and it looks like the only direction
he’s heading is up, a place where he
will continue to shine light where
before there had been darkness. â–
TOM CALARCO (tomcalwriter@yahoo.
com) based in Loveland, Ohio, is a freelance
writer and author of seven books on the
Underground Railroad.
. It takes strong leaders to build
diverse relationships.
Reed Smith is proud to support The Minority Corporate Counsel Association.
r e e d s m i t h . c o m
. MOVERS & SHAKERS
BOOKER T.
EVANS, JR.
Ballard Spahr
Booker T. Evans Jr., a
prominent white collar
criminal defense attorney and commercial
litigator with more than
25 years of experience
defending multimillion-dollar cases for
businesses and individuals, has joined Ballard
Spahr as a partner in Phoenix.
Evans was chief deputy district attorney in Las
Vegas and an assistant U.S. attorney in Nevada and
Arizona before entering private practice. He currently
serves as judge pro tem for the Maricopa County Superior Court.
Evans has broad civil and criminal trial experience
and handles post-conviction matters involving the
federal courts and their sentencing guidelines.
He is
well-known for his work in white collar criminal defense, RICO cases, product liability, insurance matters
and health law.
He also has tried cases involving tax evasion, disputes over real estate holdings, copyright and trademark infringement, criminal bankruptcy fraud and civil
forfeiture. Evans is co-chair for the 2015 Arizona State
Bar Convention and is the co-founder of the Las Vegas
Chapter of the National Bar Association. He is licensed
to practice in Arizona and Nevada.
68 D I V E R S I T Y & T H E B A R
NOV.DEC.2015 MCCA.COM
ALEX G.
ROMAIN
Williams & Connolly LLP
Williams & Connolly
LLP partner Alex G. Romain has been selected
to Savoy Magazine’s 2015
list of “Most Influential
Black Lawyers.” The list
is comprised of leading
black lawyers that are
partners within top national law firms and also
corporate counsel from
Fortune® 1000 corporations. Savoy’s listing contains an
influential cross-section of legal professionals representing a diverse range of practices with national and
global responsibilities.
Romain is recognized in Savoy for his litigation
work in high-profile civil and criminal cases, including the successful defense of Sen.
Ted Stevens against
ethics charges and of the former CEO of Fannie Mae
against securities fraud claims. He has also represented individuals on a pro bono basis in allegations of
attempted murder and fraudulent misappropriation.
Born and raised in Boston, Romain holds a bachelor’s
degree from Yale College and a JD from the University
of Michigan Law School. He has been a partner at the
firm since January 2007.
.
MOVERS & SHAKERS
GEORGE
APOSTOLIDES
Arnstein & Lehr LLP
Arnstein & Lehr LLP
recently appointed partner George
Apostolides to chair
its Chicago Litigation Practice Group.
He joined the firm
upon graduation
from Northwestern
University School of
Law in 1995. He focuses his practice on business and
bankruptcy litigation, regularly handling matters in
Illinois’ state and federal courts at both the trial and
appellate levels. His clients range from Fortune® 500
companies to small businesses and individuals. Apostolides is a member of the American Bar Association
sections of business law and litigation, as well as the
Illinois State, Chicago and Hellenic bar associations.
He is a regular panelist at seminars sponsored by the
National Business Institute. He earned his JD from
Northwestern University School of Law and graduated magna cum laude with an AB from Princeton
University.
AHSAKI
BAPTIST
Wyatt Tarrant &
Combs LLP
Ahsaki Baptist, a
partner with Wyatt
Tarrant & Combs
LLP, has been chosen
to lead the Tennessee
Bar Association’s
Young Lawyers
Division from 2017
to 2018.
Baptist will
become the first African-American woman to lead the
state’s Young Lawyers Division following a year as the
division’s vice president beginning this June. Baptist
will serve as president-elect of the Young Lawyers
Division for a year before becoming president in
June 2017. Baptist has been active in the TBA’s Young
Lawyers Division since 2008, serving as the liaison
from the Lawyers Association for Women and chairman of the TBA’s Diversity Committee.
Under her
leadership, the Young Lawyers Division developed its
award-winning Diversity Leadership Institute.
Baptist concentrates her practice in the areas of
commercial litigation and commercial real estate
and represents national and international clients in
general corporate and commercial matters, including
drafting and negotiating commercial agreements and
litigation. She received her law degree from the University of Mississippi School of Law and her undergraduate degree from Spelman College.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 69
. MCCA® LAW DEPARTMENT MEMBERS
The Minority Corporate Counsel Association (MCCA) acknowledges
the support of the following law departments whose financial
contributions have helped to advance the goal of furthering diversity
in the legal profession.
3M Company
Dignity Health
AARP
Dow Corning Corporation
Abercrombie & Fitch
Duke Energy Corporation
AbstoneLalley Inc.
DuPont Company
Accenture LLP
Eaton Corporation
AECOM
Eli Lilly & Company
Allstate Insurance Company
Emergent BioSolutions
Altria Client Services
Entergy Corporation
American Airlines
Estée Lauder Companies Inc.
American Express Company
Exelon Business Services Company
Anthem Inc.
Fannie Mae
AON Corporation
Federal Home Loan Bank of Pittsburgh
AT&T Corporation
Avis Budget Group
Federal Home Loan Bank of San
Francisco
Bechtel Corporation
Flagstar Bank
Becton, Dickinson and Company
Flextronics
BNY Mellon
Freddie Mac
Booz Allen Hamilton
Fujitec America Inc.
BP America Inc.
Gap Inc.
Bristol-Myers Squibb Company
Genentech Inc
CALIBR, global leadership network
General Electric Company
Capital Legal Solutions LLC
General Mills
Capital One Financial Corporation
GlaxoSmithKline
Cargill Inc.
Goldman Sachs & Co.
Carter’s Inc.
Google Inc.
Catalent Pharma Solutions
Graduate Management Admission
Council
CBS Corporation
CH2M Hill
Chevron Corporation
Choice Hotels International Inc.
CIGNA Corporation
CITGO Petroleum Corporation
Colgate-Palmolive Company
Compass Group, The Americas
ConAgra Foods Inc.
ConocoPhillips
Cox Communications Inc.
Crawford & Company
Darden Restaurants Inc.
DC Water and Sewer Authority
Deere & Company
Halliburton Company
Herbert L. Jamison & Co. LLC [Jamison
Insurance Group]
Hewlett-Packard Company
H.J. Russell & Company
Honda North America Inc.
Honeywell International
HSBC Bank USA
Huntington Ingalls Industries
IBM Corporation
Ingersoll-Rand PLC
Intel Corporation
International Paper Company
J.P.
Morgan Chase Bank NA
Dell Inc.
JC Penney Company Inc.
Detroit Employment Solutions
Corporation
JetBlue Airways Corporation
JM Family Enterprises Inc.
DHL America
Johnson & Johnson
Diageo North America Inc.
Kaiser Foundation Health Plan Inc.
KeyCorp
Law School Admission Council
Leading Educators
Leidos - [Formerly SAIC]
Leo Burnett Company Inc.
Liberty Mutual Insurance Company
Lifelock Inc.
LifeVantage Corporation
Liquidity Services Inc.
Macy’s Inc.
MAHLE Industries Inc.
ManpowerGroup
Marriott International Inc.
MassMutual Financial Group
McDonald’s Corporation
Medifast Inc.
Merck & Co. Inc.
MetLife Inc.
Microsoft Corporation
MillerCoors
Mondelez International
Morehouse College
Morgan Stanley
Nabholz Construction Services
National Grid
Nationwide Mutual Insurance Company
Navistar Inc.
Neighborhood Defender Service
New York Life Insurance Company
Newegg Inc.
NFM Inc.
NORCAL Mutual Insurance Company
Northrop Grumman Corporation
Nuclear Electric Insurance Limited
Office Depot Inc.
Pacific Gas and Electric Company
Pearson Inc.
Pepco Holdings Inc.
PepsiCo Inc.
Pfizer Inc.
Pitney Bowes Inc.
Porzio Life Sciences LLC
PPG Industries Inc.
PRAXAIR Inc.
Premier Media Inc.
Prudential Financial
Quest Diagnostics Incorporated
RBS Americas
Reckitt Benckiser Inc.
Rosetta Stone Inc.
S.C. Johnson & Son Inc.
Sara Lee Corporation
Scripps Networks Interactive Inc.
Sempra Energy
Shell Oil Company
Siebert Brandford Shank & Co.
LLC
Sony Electronics Inc.
Southeastern Freight Lines Inc.
Southern California Edison Company
Staples Inc.
Starbucks Coffee Company
Starwood Hotels & Resorts Worldwide
Synopsys Inc.
Target Corporation
Tessera North America Inc.
The Brookings Institution
The Clorox Company
The Conference Board Inc.
The Vanguard Group Inc.
The Walt Disney Company
The Williams Companies Inc.
TIAA-CREF
Tyson Foods Inc.
UBS Financial Services
UnitedHealth Group
United Parcel Service
United Services Automobile Association
“USAA”
United Technologies Corporation
U.S. Foodservice Inc.
Verizon Communications
Visa Inc.
VMware Inc.
Walmart Stores Inc.
Waste Management
Wells Fargo & Company
Xcel Energy
Xerox Corporation
Xylem Inc.
Yazaki North America Inc.
For membership information, contact David Chu, MCCA’s Vice President of Membership & Development,
at 202-739-5906 or membership@mcca.com.
70 D I V E R S I T Y & T H E B A R NOV.DEC.2015 MCCA.COM
. MCCA® LAW FIRM AFFILIATES
MCCA® acknowledges the following law firms who have joined
MCCA to further advance diversity in the legal profession.
Alchemy-Partners PC
Alexander & Associates
Alvarez Arrieta & Diaz-Silveira LLP
Anderson Kill PC
Archer & Greiner PC
Arent Fox LLP
Arnstein & Lehr LLP
Arrastia & Capote LLP
Axiom
Baldassare & Mara LLC
Berger Singerman LLP
Beveridge & Diamond PC
Blank Rome LLP
Bond Schoeneck & King PLLC
Bressler Amery & Ross PC
Bricker & Eckler LLP
Brown Law Group
Buchanan Ingersoll & Rooney PC
Butler Snow LLP
Calfee Halter & Griswold LLP
Cavitch Familo & Durkin Co. LPA
Cohen & Gresser LLP
Constangy Brooks Smith & Prophete LLP
Cooley LLP
Cottrell Solensky & Semple PA
Courington Kiefer & Sommers LLC
Cowles & Thompson PC
Cozen O’Connor
Crumbie Law Group LLC
Davis & Gilbert LLP
DeMahy Labrador Drake Victor & Cabeza (DLD Lawyers)
Dickstein Shapiro LLP
Drinker Biddle & Reath LLP
Duane Morris LLP
Dunlap Codding
Elliott Greenleaf
Epstein Becker & Green PC
Finnegan Henderson Farabow Garrett & Dunner LLP
Fish & Richardson PC
Fisher & Phillips LLP
Fitzpatrick Cella Harper & Scinto
Florio Perrucci Steinhardt & Fader LLC
Forman Watkins Krutz & Tardy LLP
Gaffney Lewis & Edwards LLC
GibbsWhitwell PLLC
Goldberg Segalla LLP
Gonzalez Saggio & Harlan LLP
Griffith, Sadler & Sharp PA
Hamilton Miller & Birthisel LLP
Helms & Greene LLC
Hughes Roch LLP
Husch Blackwell LLP
Ice Miller LLP
Innis Law Group LLC
Jackson Lewis PC
Jeffrey Samel & Partners
Jones Walker LLP
Kaufman Dolowich & Voluck LLP
Kenyon & Kenyon LLP
Kilpatrick Townsend & Stockton LLP
King Branson LLC
Kirkland & Ellis LLP
Kramer & Amado PC
Kumagai Law Group PC
Kumar Prabhu Patel & Banerjee
Kutak Rock LLP
Lam Lyn & Philip PC
Law Office of Ricardo E. Oquendo, Esq.
Leader & Berkon LLP
Lim Ruger & Kim LLP
Littler Mendelson PC
Littleton Joyce Ughetta Park & Kelly LLP
Loeb & Loeb LLP
Lowe & Associates LLC - Counsellors & Advisors
Marrero & Wydler
Martin & Martin LLP
Maynard Cooper & Gale PC
McGuireWoods LLP
Messner & Reeves LLC
Miles & Stockbridge PC
Miller Law Group
Mitchell Silberberg & Knupp LLP
Montgomery Barnett Brown Read Hammond & Mintz LLP
Morgan Lewis & Bockius LLP
Moritt Hock & Hamroff LLP
Morris James LLP
Munger Tolles & Olson LLP
Nemeth Burwell PC
Nicolson Law Group LLC
NOSSAMAN LLP
Ober Kaler Grimes & Shriver
Ogletree Deakins Nash Smoak & Stewart PC
Patton Boggs LLP
Pepper Hamilton LLP
Peter Law Group
Phelps Dunbar LLP
Pinckney Harris & Weidinger LLC
Polsinelli PC
Porzio Bromberg & Newman PC
Quarles & Brady LLP
Quintairos Prieto Wood & Boyer
Rivero Mestre LLP
Roig Lawyers
Rooney Rippie & Ratnaswamy LLP
Sanchez & Amador LLP
Sanchez-Medina Gonzalez Quesada Lage Crespo Gomez
& Machado LLP
Sandberg Phoenix & von Gontard PC
Saul Ewing LLP
Schiff Hardin LLP
Seeley Savidge Ebert & Gourash Co. LPA
Sher Garner Cahill Richter Klein & Hilbert LLC
Shook Hardy & Bacon LLP
Snell & Wilmer LLP
Steptoe & Johnson LLP
Steptoe & Johnson PLLC
Sterne Kessler Goldstein & Fox PLLC
Stevens & Lee
Stinson Leonard Street LLP
Stradling Yocca Carlson & Rauth PC
Sughrue Mion PLLC
Sutherland Asbill & Brennan LLP
Taft Stettinius & Hollister LLP
The Goldstein Environmental Law Firm P.A.
The Willis Law Group
Troutman Sanders LLP
Vinson & Elkins LLP
Waas Campbell Rivera Johnson & Velasquez LLP
Weil Gotshal & Manges LLP
Wheeler Trigg O’Donnell LLP
Willenken Wilson Loh & Delgado LLP
Winston & Strawn LLP
Womble Carlyle Sandridge & Rice, LLP
Wong Fleming P
Young Conaway Stargatt & Taylor LLP
Zuber Lawler & Del Duca LLP
Zupkus & Angell PC
Potential FANs should contact David Chu, MCCA’s Vice President of Membership & Development,
at 202-739-5906 or membership@mcca.com.
MCCA.COM NOV.DEC.2015
D I V E R S I T Y & T H E B A R 71
.
.