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Is The U.S. Patent

A Tale of Two System ReallyPitches: Broken? The Most Tools for PageEffective 8 Pitching In-House Counsel Page 9

Cloud Computing I’ll Have What Considerations andShe’s Risks: Having: Women on An Overview Achieving the Top Spot Page 14 Page 17

How To Ride The

IInnovation Will Survive! Wave

Recession Tactics for In-House To Career Adaptibility Counsel to Survive & Thrive & Opportunity Page 25

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2013

www.firstchairawards.com

INSIDE:

The Annual List Top In-House Attorney’s in the Country

The Ties That Bind

How law firms create The Top In-House enduring relationships with Attorneys their in-house clients in the INSIDE:

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UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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First Chair Magazine 333 West North Avenue Suite 257 Chicago, IL 60610 www.firstchairawards.com Editorial Editor in Chief Jennifer Sara Levin Managing Articles Editor Bryan Sugar

Design Graphic Designer Alena Reinhardt Photographer Romy Modlin

Advertising Sales Director of Market Pia N. Thompson Development Associate Director Adam Gershon of Marketing Contributing Authors Amy Gaber Joel Africk Kate Haennicke Robyn L. Anderson John L. Hines, Jr. Steven F. Borsand Jay Q. Knobloch Ann K. Brennan Bryan Sugar Kenneth K. Dort Yeny Estrada 2013 nominating committee Mark Gershon Polsinelli Shughart, Chair Josh Glazov Much Shelist Brent Hawkins McDermott Will & Emery Mike Karpales Greenberg Traurig Jeff London Kaye Scholer Cheryl Orr Drinker Biddle Steve Pearlman Proskauer Rose Jon Resnick Huron Consulting Kerrin Slattery McDermott Will & Emery Tina Solis Ungaretti and Harris Paul Steadman DLA Piper Pia Thompson Gould & Ratner Jeff Wagner Kaye Scholer Jeff Van Winkle Clark Hill

FROM THE EDITOR Dear First Chair Magazine Reader, Welcome to the second edition of the First Chair Magazine. My name is Jennifer Levin and I am the Founder and President of First Chair and the Editor-in-Chief of the First Chair Magazine. Thank you for your continued involvement in our organization. About First Chair Launched in 2010, First Chair is a pioneering organization designed to serve the interests of in-house legal professionals and partners at America’s law firms. First Chair’s mission is to bring together a community of accomplished attorneys in private practice with their talented in-house peers in order to recognize in-house achievement. Changes in 2013 In 2012, we hosted our first Roundtable Event. The purpose of the event was to solicit feedback from the First Chair Community regarding methods to improve First Chair. The event revealed three important concepts: (1) our community would like the opportunity to network in smaller, more intimate settings; (2) participants wanted a full day of CLE as part of the Awards Event; and (3) it would be helpful to have smaller, industry specific LinkedIn® groups, to allow industry specialists to communicate. 1. More Intimate Events First Chair has added several intimate events to allow our community to network in smaller settings. For example, on May 20, 2013, we hosted the First Chair Thought Leadership Roundtable Event in Boston. The event included select sponsors and a number of in-house counsel from across the East Coast to discuss important topical issues in the legal community. 2. CLE The Awards Event will include a full day of CLE for in-house counsel and select sponsors, which will allow for smaller group interaction. 3. LinkedIn®

2013 host committee Bryan Sugar Ungaretti & Harris, Chair Valeria Bailey Rand McNally Sam Banayan Redbox Michael Booden YMCA Paul Brown Underwriters Laboratories David Chameli SIRVA Anthony Curtis Verizon Wireless David Ebroon JPMorgan Chase Andre Frieden Wolters Kluwer Ann Hamilton Kimball Hill, Inc. Tami Horton Illinois Bone and Joint Institute Saumil Mehta Gogo Elliot Molk World Kitchen Meredith Ritchie Alliant Credit Union Brad Schecter Discover Financial Services Patti Sheahan Rehabilitation Institute of Chicago

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The First Chair LinkedIn Group, which has added over 1,500 in-house counsel and partners from our law firm participants, will have industryspecific subgroups to that allow our community to exchange ideas and opinions among a smaller group of industry specialists. Thank you for being a part of the First Chair community. We hope you enjoy this edition of Magazine and look forward to seeing you at our events! For more information, visit www.firstchairawards.com.

All my best, Jennifer


It is impossible to think small in a place this big. T h e r e a r e no shorTc u T s To a n y pL ac e WorT h G oi nG.

Together, we can move mountains.

GeorGe CaLeB BINGHaM, VIeW of PIKe’s PeaK, 1872, aMoN CarTer MuseuM of aMerICaN arT, forT WorTH, Texas.

Lathrop & Gage was founded in 1873 on the heartland principles of honor, service, trust and value. We work tirelessly to serve our clients in the same unwavering manner today. To find out more about Lathrop & Gage, contact us at (800) 476-4224.

ca Lifor nia | coLor a do | iLLinois | K a nsas | M assachuseTTs | Missou ri | n eW yor K ( 8 0 0 ) 476 - 42 2 4 | L aT h rop G aG e .c o M

The choice of a lawyer is an important decision and should not be based solely upon advertisements. Lathrop & Gage LLP, 2345 Grand Boulevard, Kansas City, Missouri 64108. In California, Kansas or Missouri, contact Kim Wingate at (816) 292-2000. In Colorado, contact Jay Kamlet at (720) 931-3200. In Illinois, contact Blaine Kimrey at (312) 9203300. In Massachusetts, contact Giulio DeConti at (857) 300-4000. In New York, contact Bill Hansen at (212) 850-6220.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Table of contents Q & A

opinion

scene at first chair AWA R D S 2012 Award Recipients Category: rising Stars

Category: rising Stars

Category: rising Stars

Jeremy roe anHeuser-busCH COMPanies, LLC

elizabeth rosenfeld THe bOeinG COMPany

Michele Smolin CLiFFs naTuraL resOurCes, inC.

One busch Place saint Louis, MO 63122 jeremy.roe@anheuser-busch.com aSSoCiate general CounSel • intellectual Property

it SourCing Strategy • iT sourcing strategy; ethics and business Conduct; insurance Coverage and Litigation

Jeremy roe is associate General Counsel for anheuser-busch Companies, the leading brewer and marketer of beer in the united states. He provides counsel on all aspects of intellectual property law, primarily trademark clearance, prosecution, and enforcement for some of the world’s most wellknown beer brands, including budweiser, stella artois, and beck’s. before joining a-b, he practiced trademark and marketing law with neal & McDevitt, LLC. Prior to law school, he spent five years in brand marketing and product management at CDW Corporation. He received his JD and Mba from DePaul university, and a ba from ball state university. Jeremy now resides in saint Louis with his wife and two sons.

elizabeth rosenfeld has worked at The boeing Company for the past 5 years. she recently joined the iT sourcing strategy team and negotiates multi-year partnerships within iT infrastructure. Prior to this position, elizabeth worked in ethics & business Conduct for 2 years, where she led enterprise compliance training initiatives. in her first 3 years at boeing, elizabeth managed claims and litigation while she pursued her Kellogg Mba. before joining boeing in 2007, elizabeth practiced insurance coverage and also clerked at the illinois appellate Court. she serves on the CarPLs associate board and competes as an open water distance swimmer with us Masters swimming.

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Is The U.S. Patent System Really Broken?

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Check out the scene at our signature events!

Senior attorney • Provides sophisticated legal support, analysis and direction in furtherance of Cliffs’ business goals and to facilitate the Company’s presence and growth as a global leader in international mining and natural resources. Michele is senior attorney for Cliffs natural resources, inc. where she is responsible for providing legal and business counsel for Cliffs north american Coal entities. Prior to joining Cliffs Michele was a partner at McDonald Hopkins, Co. LPa litigating commercial, employment and banking cases for ten years. she was also a partner at an innovative boutique litigation firm and represented Fortune 500 companies in employment and banking matters. Michele started her career with a bang as a Public Defender in Pittsburgh, Pa after graduating from Case Western reserve university in 1992. Michele was born and raised in Pittsburgh, Pa and is a die-hard steelers fan. More important than career successes, Michele and her husband dedicate themselves to family time with their two young sons, extended family and friends.

Category: rising Stars

Category: rising Stars

Category: top assistant general Counsel

lynn Watkins-asiyanbi us FOODs, inC.

rita deBoer Tribune COMPany

9399 W. Higgins road rosemont, iL 60018 lynn.watkins@usfoods.com

435 north Michigan avenue Chicago, iL 60611 rdeboer@tribune.com

ViCe PreSident, legal CounSel • Litigation

aSSiStant general CounSel • Transactional commercial within the areas of sales, intellectual property, information technology and supply chain logistics.

Senior CounSel • real estate, Commercial transactions, Outsourcing, information Technology

angelina Tsu is VP, Legal Counsel, at Zions bancorporation. Prior to joining Zions, angelina practiced at ray Quinney & nebeker in the firm’s Finance and restructuring Group. she also served as a judicial clerk to the Honorable Dee V. benson of the united states District Court for the District of utah. angelina holds a J.D. from the university of utah where she was a Leary scholar and a Member of the utah Law review. she currently serves as a commissioner for the Third Judicial District at the utah state bar Commission. she has been recognized for her public service by the utah state bar young Lawyers’ Division (young Lawyer of the year 2009), the association of Corporate Counsel (Community service award 2010), the american bar association young Lawyers Division (star of the Quarter 2010), and the utah state bar (section of the year 2011). she enjoys travel, tennis and snowboarding.

Lynn Watkins-asiyanbi is assistant General Counsel at us Foods, inc. in this capacity, she negotiates transactional commercial contracts in the areas of sales, intellectual property, information technology, and logistics, and counsels business partners with regard to issues in these areas as well. Previously, she was an associate at baker & McKenzie LLP and DLa Piper LLP, where she worked on mergers and acquisitions and corporate finance, respectively. she holds a J.D./M.b.a. from northwestern university and b.s. in Chemical engineering/economics from the university of Wisconsin-Madison. she has served on the board of directors for the former Girl scouts of Chicago council; is a former associate board member for the Chicago Committee on Minorities in Large Law Firms; is a former board member for black Women Lawyers’association of Chicago; currently mentors a high school student in LinK unlimited; and is an active member of her church, st. Mark uMC.

rita Deboer is senior Counsel at the Tribune Company and has served in this position since august 2008. as real estate counsel for management of the portfolio of 11.2 million square feet of office and industrial facilities, as well as counsel to several other business units, Ms. Deboer negotiates and drafts a wide range of commercial agreements. Prior to joining Tribune, Ms. Deboer was Managing Counsel-national Contracts with equity Office Properties Trust for over eight years. Ms. Deboer also served as General Counsel for The Crown Group where she handled commercial real estate acquisition, development, disposition and financing agreements, and negotiated leases. she holds a J.D. from university of California, Los angeles - school of Law and a M.T.s. from Harvard university. since 2011 Ms. Deboer has served as Vice President-Programs on the executive board of the association of Corporate Counsel, Chicago Chapter.

Category: top assistant general Counsel

Q&A Expert Roundtable

200 Public square, suite 3400 Cleveland, Ohio 44114 michele.smolin@cliffsnr.com

angelina tsu ZiOns banCOrPOraTiOn

One south Main street salt Lake City, utah 84111 angelina.tsu@zionsbancorp.com

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100 n. riverside Chicago, iL 60606 elizabeth.a.rosenfeld@boeing.com

tom evans KeMPer COrPOraTiOn

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One east Wacker Drive Chicago, illinois 60601 tevans@kemper.com

Category: top assistant general Counsel

terance gonsalves Career eDuCaTiOn COrPOraTiOn

231 n. Martingale road schaumburg, illinois 60173 tgonsalves@careered.com

Category: top assistant general Counsel

Stacee Hasenbalg bMO FinanCiaL GrOuP 111 W. Monroe st. Chicago, iL 60603 stacee.hasenbalg@harrisbank.com

aSSoCiate general CounSel & SeCretary • Corporate Governance, Litigation, intellectual Property

ViCe PreSident & dePuty general CounSel • Litigation

aSSoCiate general CounSel • Financial services

Tom evans is associate General Counsel & secretary at Kemper Corporation, where is he responsible for corporate secretarial functions, oversight of the company’s Complex Litigation unit, and intellectual property. after graduating from the university of notre Dame school of Law, he started his legal career at Winston & strawn in Chicago, where he litigated an assortment of commercial matters. Tom joined the nascent legal department at Kemper (then called unitrin, inc.) shortly after the company had been spun-off from its former parent, Teledyne, inc., as the attorney charged with managing the company’s litigation portfolio. Tom holds a b.a. from Centre College in Kentucky, and enjoys spending his free time with his family and dogs while pondering the frustration of being a Chicago Cubs fan.

Terance Gonsalves is Vice President and Deputy General Counsel - Litigation at Career education Corporation. in his role as head of litigation, he oversees the management of all of the company’s commercial and employment litigation. Previously, he was a partner at sonnenschein, nath & rosenthal, LLP (n/k/a snr Denton us LLP) where he litigated complex commercial cases as a member of the firm’s Litigation and business regulation practice. He holds a J.D. with honors from DePaul university, College of Law, and a b.a. from the university of illinois at urbana-Champaign.

stacee Hasenbalg is associate General Counsel at bMO Financial Group. in this capacity, she manages the group of attorneys who support the u.s. private banking businesses of bMO Financial. she counsels business partners on all aspects of their products and services, as well as fiduciary risk management. Previously, she was an associate at Mayer brown LLP where she was a member of the Wealth Management practice group. she holds a J.D. from the university of California, berkeley, and a b.a. from Purdue university. she is a member of various legal and industry groups and is on the board of Friends of the Chicago river. stacee went to pastry chef school and enjoys traveling to exciting places. she climbed Mt. Kilimanjaro in 2011 and will be climbing to everest base Camp in november.

2012 Award Recipients

technology heaLth

Type 1 Diabetes: Know The Signs

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Corporate Reputation and Information Management

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Cloud Computing Considerations and Risks: An Overview

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Type 1 Diabetes: Know The Signs

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Fighting For a Cause

Insurance careers

20

Business InterruptedWhat’s an Insured To Do?

4

23

Lost In Transition

41

How To Ride The Innovation Wave To Career Adaptability & Opportunity

43

What Does It Take To Succeed In-House In Today’s Market?


From the Chairs It is amazing to see how far First Chair has grown from its initial days of small informal programs to large annual awards events with attorneys flying in from all over the country, and even a few from around the world, while still preserving the small intimate gatherings that remain the core of who we are. Nothing speaks more eloquently about the success of First Chair than the literally thousands of successful networking opportunities it has created and the individual stories of award recipients being recognized by their friends and colleagues for their outstanding efforts. It is exciting to see First Chair spread its programs and networking opportunities across the country in 2013 with programs on both coasts, including the Thought Leadership Roundtable event on the East Coast and our day long First Chair Awards Event Conference and Gala Awards Event in the Midwest. We are proud to lead committed groups of in-house attorneys on the Host Committee and private practice attorneys on the Nominating Committee who have helped spread the message, value and community that is First Chair, and therefore made it all possible. The Host Committee did a great job this year of promoting our events and evangelizing the First Chair concept to in-house counsel across the country. As a direct result of their commitment, all of our events this year have been sold out and approximately two thirds of attendees have been from the in-house counsel community. The Nomination Committee spent numerous hours evaluating each of the First Chair Award nominees, which resulted in a slate of 139 award recipients in 2012. With their help, the quality and quantity of our award recipients continue to grow. While it is always difficult to have to choose among numerous candidates, and even harder to recognize that not all will be chosen, the strength of our award recipients this year is proof of the Nominating Committee’s hard work.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

We encourage everyone reading this to get involved. If you are a member of the in-house bar, please contact Bryan Sugar at bsugar@uhlaw.com to learn how join our Host Committee. If you are a member of the private practice community and would like to get involved, please contact Mark Gershon at MGershon@polsinelli.com. If you would like to passively participate in our community, please nominate a member of the inhouse community for a First Chair Award at www.firstchairawards.com/ nominate and join our online community on LinkedIn. Congratulations to all of the 2012 Award Recipients. It was our honor and privilege to review the numerous glowing and insightful nominations and to choose you to be recognized for your many achievements. Our personal thanks to the members of the Host Committee and the Nominating Committee for all of your dedication and service to creating a strong and vibrant First Chair Community. You made being chairs of our respective Committees both rewarding and easy. As always, our thanks to Jennifer Sara Levin whose vision, determination and boundless energy as President of First Chair is the driving force behind our growing success, and more important, still makes it all fun for everyone who participates. We look forward to the continued growth of our community and are proud that we can be a part of it.

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Questions & Answers

Q&A Expert Roundtable 1. What are some of the challenges that in-house counsel will face over the next 10 years? Cynthia Abbott: The explosion and management of data is a huge challenge. There are emails, websites, electronic document repositories, instant messages, texts and social media sites. Discovery requests do not discriminate between the types of media. If information is stored, it must be searched and, if responsive, produced. As companies expand into global markets and as litigation stretches across borders, managing global data to comply with country-specific rules, including privacy laws, will become increasingly challenging. David Meehan: I expect the main challenges will continue to revolve around cost management. As inhouse counsel, we must find ways to demonstrate and communicate how our performance contributes to the business’s bottom line. While it’s always important to monitor external counsel spending and litigation costs, we must also engage the business to create a shared approach to setting priorities and assessing value beyond simple cost/spend analysis. The goal is to make the business understand that we not only hit spending targets and manage costs, but also use the resources given to us to further its objectives. Businesses need to make the right risk/reward decisions to be competitive and generate revenue. In-house legal groups that can do it right, do it efficiently and act with pace can help drive business success. Steve Borsand: Navigating the numerous and continual government regulations that are adding unpredictability to the law. For litigation, staying on top of the changing laws relating to e-discovery and the new technologies facilitating e-discovery. Paul Brown: As always, doing more with less. Anyone who tells you inhouse jobs are cushy doesn’t know what he or she is talking about. I think there’s a perception that in-house lawyers farm out all of their work to outside counsel and work 9-5. Most in-house lawyers I know work very long hours (including some nights and weekends) and handle sophisticated and often stressful projects that are critically important to the business without an army of eager associate attorneys to do the dirty work. Also, I’ve noticed that with the wave of consolidation in the legal industry over the past few years, we are increasingly faced with conflicts as the global mega-law firms all seem to represent many of the same clients. When our go-to firms are conflicted out, we have to find new representation. Yes, there are many talented lawyers out there, but it’s disappointing and frustrating when you can’t use a lawyer whom you trust and who knows your business. Valeria Bailey: In-house counsel will face the necessity of maintaining a deep understanding of continually evolving online technologies and technology law as businesses make greater use of online cloud service (Software as a Service)

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ecosystems to fulfill strategic objectives. Use of cloud software and infrastructure services may, if not properly considered and managed, result in unforeseen consequences and potential liabilities – including increased risk of corporate data breach and disclosure of personal information. Organizations will seek guidance from in-house counsel to prevent or mitigate corporate risk within the context of data security and privacy, e-commerce regulations, and discoverability of digital information. Fred Stein: Technology will be a huge driver of challenges and opportunity over the next 10 years. We’ll be living in an “on demand” society. With the abundance of information and options, clients will be more demanding, more discerning, and more empowered than ever before. The most nimble attorneys will be the most successful. We will see the maturation of a globalized legal services industry, the rise of the paraprofessional, and a melding of the delivery of professional services. Basic transactions will be automated and commoditized, with the price tag for those services reduced to something close to their marginal cost of production.

2. What advice would you give someone who is about to start an in-house position? Cynthia Abbott: Focus on how you communicate. Clients don’t want lengthy memos. They want clear, concise explanations and advice. And, above all else, avoid surprises by communicating risks early and often. David Meehan: The in-house job is about more than being a good lawyer or having subject matter expertise. It is also about collaboration and relationships. Focus on building relationships with your internal business partners. Learn the ins-and-outs of their businesses and, most importantly, strive to understand their priorities. Work to be thought of as a trusted advisor who can provide the business with strategies to reach its goals (within legal and regulatory risk tolerances), rather than an obstacle standing in its way. Steve Borsand: Spend a significant amount of time upfront learning the business and products of the company.


Questions & Answers Paul Brown: If you’re coming from a law firm, you need to retrain your mind to be more flexible and business-focused. The best solution to a problem in-house may not necessarily be the straight “legal” answer. Also, be prepared to work on your leadership and management skills, both of which seem to be largely ignored at law firms. At UL, the leadership culture is extremely important and we invest heavily in developing future leaders. Law firms would be well served by doing the same, but sadly it seems like maintaining high profits-per-partner is more important than investing in a culture of leadership. Valeria Bailey: In-house counsel should start by gaining a comprehensive understanding of their organization and also clearly identifying their clients. To fully understand the organization, in-house counsel must learn about the industry in which the company operates, know the customers the company serves, understand the competition the company faces, and know the company’s short- and long-term goals. In-house counsel must identify and understand the roles, objectives and motivations of relevant stakeholders and decision makers who act as clients. These individuals may include board members, the executive team, division leads or even other senior members of the legal department. Fred Stein: Be a problem solver. As a “new-to-in-house” attorney, you need to start thinking of yourself less as a lawyer and more as a counselor. It’s also critical that you understand the corporate, departmental and individual goals of the clients you serve. Those broader goals then must be synchronized with specific, measurable goals that you adopt as an in-house practitioner. You’ll also need to start re-imagining how you think about risk, change, and communication. Risk and change can represent opportunity, and growth doesn’t occur without them. Legal counsel needs to be tempered with an appropriate dose of pragmatism. Advice that is always technically “correct,” but impractical and not solution driven, will be ill-received.

3. How has receiving a First Chair award affected your career? Cynthia Abbott: I got to be on the cover of a magazine! On a more serious note, the organization provides great networking opportunities and a forum for sharing best practices. David Meehan: Receiving a First Chair award provides great opportunities to meet and network with people in the Chicago legal community. It also led to recognition from my colleagues in the Legal Group and our General Counsel, which is always nice. Paul Brown: Former colleagues and law school classmates I haven’t spoken to in years have reached out to congratulate me on the honor. At UL, my boss (the general counsel) shared the news with the senior executive team, many of whom personally congratulated me, including the CEO. Valeria Bailey: I am deeply honored to have received the 2012 Top General Counsel Award. It has provided increased peer recognition and greater visibility within the national legal community. My expanded professional network has allowed me to connect with influential and respected members of the Chicago legal community. Other impacts included a Crain’s Chicago Business interview, invitations to participate on various panels, and recognition by the National Diversity Council with its “Most Powerful & Influential Women of Illinois 2012” Award. Within Rand McNally, my peers recognize that I am known outside the organization as a leader in my field. Fred Stein: The First Chair award ceremonies are great at bringing in-house counsel together with other members of the in-house bar, as well as a broad swath of outside counsel. These networking opportunities, whether considered in terms of one’s career or development, are invaluable. I also appreciate the halo effect that the award has upon my organization as a great place to work in Chicagoland.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Opinion

IS THE U.S. PATENT SYSTEM REALLY BROKEN? “Virtually every major development in technology in the twentieth century – which was far and away the most important century in the history of technology – originated in the United States or was principally industrialized and turned into consumer products here.” 1 Indeed, for the past three hundred years, the U.S. has been the leader in technological and economic progress. U.S. leadership in innovation has continued in more recent years, with unprecedented computer-related innovations such as microprocessors, display devices, and software. During all of this time the U.S. has had roughly the same patent laws, which find their basis in the U.S. Constitution. However, according to some, the landscape has changed in recent years and something is now drastically different. According to these critics, the U.S. Patent System is now broken and stands in the way of progress. Reminiscent of Chicken Little (1916), many are now crying, “The sky is falling! The sky is falling!”:

“The patent system is in crisis.” - The Patent Crisis and How the Courts Can Solve it. Dan L. Burk, Mark A. Lemley

“Patent and copyright law are both in crisis today … many patents are valueless, while others have very considerable value precisely because they enclose ideas or technologies that rightfully belong in the public domain.” - Creation Without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert J. Hovenkamp, 2011

“America’s patent system is a mess.” – New York Times; February 8, 2013

“Dumbass patents are crushing small businesses.” – Mark Cuban; TechCrunch, January 31, 2013

“…low-quality patents in computer-related industries have become a scourge that raises costs and places a drag on innovation.” Google Inc., Dell Inc., Facebook Inc. et al.; Amicus Brief for CLS v. Alice Corp, December 7, 2012

“…innovation-harming patents on abstract ideas, etc., remain a significant problem today.” British Airways PLC, eHarmony, Inc., Intuit Inc., Linkedin Corp., SAP America, Inc., Travelocity.com LP, Twitter, Inc., and Yelp Inc.; Amicus Brief for CLS v. Alice Corp, December 7, 2012

“[T]he best solution is to abolish patents entirely through strong constitutional measures.” – Michele Boldrin and David K. Levine; The Case Against Patents, Working Paper, September 2012

“The patent system is in crisis.” - Colleen Chien; Reforming Software Patents, August 2012

These statements are just a few examples of the rumblings – which are growing louder by the day – about patents stifling innovation and calls to radically reform, limit or even abolish the current U.S. Patent system. However, these sensationalist cries are backed by little if any objective evidence, are based on anecdotes, or are being made by entities or people with an anti-patent bias. Rather than responding with knee-jerk reactions to these questionable criticisms, policy makers need to look at objective evidence and solid research before making any more changes to our patent system.

Criticism of Patents Is Not New In the 1850’s, sewing machine manufacturers were up in arms over the sewing machine patent wars. Despite this criticism, innovation in the sewing machine

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Authors: Steven F. Borsand and Jay Q. Knobloch trading technologies international, inc.

industry thrived. In the 1980s, critics (including academics) complained about semiconductor patents. Despite this criticism (and apparent shortfalls of the patent system), innovation continued to explode in the semiconductor industry. More recently, software patents have come under attack. Despite this, innovation in the field of software has been massive and will continue to be. Patent critics will never go away. The co-authors of this article have a combined experience of over 30 years in the patent field. One thing we can say for sure is that when there is patent litigation between two parties, one of the parties will say that the patent at issue is illegitimate and that the litigation is unfair. This has always been true and will continue to be true. In the past, expected self-interested complaints from accused infringers have been largely ignored, as they should be, by our lawmakers and the courts. Until recently, it was recognized that our patent laws should not be politicized and subject to the whims of special interests. But something has seemed to change. Perhaps the recent politicization of patents is because the recent criticism has been part of a well-funded, well-organized lobbying campaign. Perhaps it is due to the increased importance of intellectual property to the U.S. economy in recent years, as the U.S. economy has moved away from being centered around agriculture and manufacturing. Perhaps the change, in part, has to do with the fact that the current area of most innovation is in the software field and the players in this field are more ideologically anti-patent. Whatever the reason, we think it is dangerous for lawmakers to overreact to expected self-interested complaints. It is especially dangerous to react to anecdotal complaints that are not well grounded in objective evidence. Focusing on the anti-patent rhetoric ignores the silent majority of people and companies that have legitimately relied upon the patent system to protect their research and development efforts. For every individual anecdote about a patent or case that seems unfair, there are even more individual cases where the system is working correctly.

Lawmakers and Courts Have Been Too Influenced Recently By Anti-Patent Lobbying Many Congressmen voted for the recent America Invents Act (AIA) with hardly any understanding of the issues and based on the questionable assumption that the patent system is in crisis. The AIA made the U.S. patent system more like the European system (where innovation and entrepreneurship has been much less than in the U.S.). The supporters of “harmonization” seemed to think that the U.S. patent system was inferior to the European system. This type of thinking – that the U.S. patent system is second-tier – is dangerous because it may cause us to make decisions that harm our strong patent system. The assumption that the European system is better is seriously suspect. In 2011, the E.U. stated that “it is facing an ‘innovation emergency’ in science and industry and is still trailing far behind the United States and Japan.” 2 Instead of following less productive systems, we should be leading. The U.S. is the country with the long-standing history of innovation. The AIA also included provisions designed to limit software/business method patents based on the assumption that this was an area with “low quality” patents 1 John Steel Gordon, An Empire of Wealth: The Epic History of American Economic Power, (New York: Harper Perennial, 2004), xiv. 2 Raf Casert, EU Warns It Lags Behind in Global Innovation Race, http://seattletimes.com/html/businesstechnology/2014097347_apeueuinnovation.html


Opinion that were being over-litigated. In one of the most blatant examples of a special interest earmark, the law included a special provision (Section 18) that has been widely recognized as a gift to the banking lobby in return for their extensive lobbying efforts.3 Some judges have also recently weighed in, seeming to buy into some of the unsupported anti-patent rhetoric. For example, Judge Posner has recently made some provocative statements on this subject 4 and even the Supreme Court has recently cited to some of the anti-patent academic articles.5 Based on similar cries of a “crisis” with NPE litigation (another supposed crisis for which the evidence is suspect), further reforms, like the Shield Act, are being pushed. Under the guise of addressing patent “trolls,” these reforms once again narrow every patent owner’s rights and weaken the ability of a patent owner to capitalize on their property. The reaction by politicians and courts to the unsupported claims is troubling but easy to understand. Those who yell the loudest and longest are eventually heard – especially when they can conduct well-funded and organized lobbying efforts. For example, Mr. Cuban just recently gave $500,000 to the Electronic Freedom Foundation (EFF) for hiring a “Chair to End Stupid Patents.” Large software companies, such as Google, Facebook, Twitter, and others, can hire expensive lobbyists and are regularly filing amicus briefs with Federal courts to make sure that their voices are heard.

Current Objective Evidence Contradicts The Anti-Patent Narrative The objective evidence currently available seems to point in the opposite direction of the anti-patent rhetoric being relied upon by lawmakers and some judges. For example, the annual allowance rate for patent applications in the “business method” group at the USPTO (which examines many software related patents that were a focus of the AIA) has ranged from 11% to 24% going back to 2005.6 This allowance rate has been one of the lowest, if not the lowest, in the USPTO for at least the past decade. Furthermore, in 2011, Ocean Tomo released a study that rated the patent quality of more than 400 U.S. Patent Classes based on objective criteria.7 The hi-tech and financial service fields for which critics are saying there is a quality crisis ranked in the top 25 of all of the hundreds of classes at the USPTO. The lowest quality rankings came from patents in fields involving simpler technologies, such as jewelry and toilets. Fortunately for innovators in these areas, there is no powerful lobby of jewelry or toilet makers capable of changing the patent laws. The objective evidence also indicates that the AIA will hurt small businesses and entrepreneurship. Smaller companies and individuals, with little market share, depend on the patent system. They need it to raise money and to protect against a larger company taking their idea and distributing it to their existing base. The level of talent at Google, for instance, is top notch. Given their resources, talent and market share, they could very easily enter a market and dominate a small business as the “second to market”. This is why both the National Small Business Association and the National Venture Capital Association opposed sections of the AIA. Other people with personal knowledge of venture capital and what it takes to be a successful entrepreneur have spoken out on these issues. For example, Gary Lauder, a successful venture capitalist, has clearly articulated the value of patents for small businesses and even spoken out against the large lobbying groups attempting to weaken the patent system.8 Likewise, Steve Perlman, Founder & CEO, Rearden Companies, OnLive & Mova (one of the inventors for the technology used to reverse-age Brad Pitt in The Curious Case of Benjamin Button), has clearly explained how patents protect small-businesses.9 Rather than listening to the NSB and NVCA (who would appear to be reliable sources on the issue of the proposed law’s effect on small businesses) or to individuals with expertise on the issue, Congress chose to listen to large and well-funded special interest groups, like large companies and the banking lobby. The cries that NPE or “patent troll” litigation is out of hand are also not well supported by objective evidence and should be critically examined. We recently attended a conference at Northwestern where Michael Mazzeo (Associate Professor of Management and Strategy at Kellogg School of Management), Jonathan Hillel (attorney at Skadden, Arps, Slate, Meagher & Flom LLP), and

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

Samanatha Zyontz (Harvard University) presented on “Do NPEs Matter?” They are in the process of studying the economic impact of NPEs. While the research or paper is not yet concluded, the preliminary findings, which were presented at the conference, are that NPE litigation has remained relatively stable over the years. We look forward to seeing the results. In any event, it is not surprising that a company that has been accused of infringement by an NPE would complain. The sensational rhetoric about “trolls” is also ignoring that patents are property rights, and that the ability to license and transfer these rights empowers small companies and individuals who are simply unable to compete with the likes of a Google. Any attempt to limit the rights of NPEs will no doubt inadvertently harm the rights of these small companies and individuals. The misinformation on this topic has even influenced the President, who, during a recent Google-hosted hangout session, touted the AIA and said that we need to do more to deal with “patent trolls” as a “classic problem” and that “they don’t actually produce anything themselves.” Such a comment from the President would normally be surprising, considering that he is a defender of small entities and individuals. However, the President, like many others, is being influenced by those disseminating the anti-patent narrative.

Conclusion: The Patent System Should Only Be Changed Based On Objective Evidence Making substantial changes to the country’s patent system should not be done without very careful consideration. Reforms that weaken patents to address the anecdotal “bad patents” risk throwing the baby out with the bath water. For every individual anecdote about a patent or case that seems unfair, there are even more individual cases where the system is working correctly. We are concerned that there is a silent majority being ignored that have legitimately relied upon the patent system to protect their research and development efforts. Like most things in life, the patent eco-system ebbs and flows over time. This is what makes the patent system so great. It protects the small business and the big business. It provides defense and offense. It strikes a balance that is difficult to find. Is everyone going to be happy all of the time? No. But abolishing the patent system or severely narrowing it may have severe consequences on the innovation eco-system. Obviously, more objective research needs to be done. But if that research ends up as the authors suspect, it will lead to drastically different conclusions than the narrative being put forth today by the anti-patent lobbying efforts. To some, these conclusions will seem counterintuitive. The authors expect objective evidence to show that the current system places too high a cost and burden on patent holders and that this cost/burden is dampening innovation. If that is the case, we need reforms that go in the opposite direction of those that have been implemented and those are currently being sought. Until the research is done, people need to slow down and take a deep breath. Controversial reforms such as the Shield Act need to be tabled, and the sensationalist and unsupported anti-patent rhetoric should stop. At a minimum, the motives and biases of those making such criticisms should be explored. This is an important issue for the U.S. economy and we run the risk of implementing foolish reforms with unintended (or perhaps intended for some) consequences that create an environment where the only way to bring an innovation to market in the software area is to go through a large, well-established company. This seems like a bad result that will ultimately hurt everyone, including those large companies. The burden for making changes to the most successful patent system in the history of the world should be on those seeking the changes, and it should be a high one. 3 Andrew Ross Sorkin, In a Bill, Wall Street Shows Its Clout, New York Times, http://dealbook.nytimes.com/2011/07/04/in-a-bill-wall-street-shows-clout/ 4 Richard Posner, Why There Are Too Many Patents in America, http://www.theatlantic.com/business/archive/2012/07/why-there-are-too-many-patents-in-america/259725/ 5 Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289, 1301-02, 182 L. Ed. 2d 321 (2012) 6 Update on Business Method Patents, Business Methods Partnership Meeting, July 21, 2011, http://db.tt/YCAa8Fo5 7 2011 Assessment of Patent Quality and Risk, Ocean Tomo, July 7, 2011, http://db.tt/9gmtzE4A 8 Gary Lauder, Patently Absurd or: How to Go From the World’s Best Patent System to Worse-Than-Most in a Single Step, http://www.huffingtonpost.com/gary-lauder/patently-absurd-or-how-to_b_832703.html Steve Perlman, Why “Patent Reform” Isnt, http://www.rearden.com/public/110319_Patent_Reform_Isnt_1.pdf

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congratulates our friends

Janice Block Christopher Paetsch Stephanie Hart and all of the

2012 First Chair Award Recipients

www.gibsondunn.com Beijing  Brussels  Century City  Dallas  Denver  Dubai  Hong Kong  London  Los Angeles  Munich New York  Orange County  Palo Alto  Paris  San Francisco  São Paulo  Singapore  Washington, D.C. UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Corporate REPUTATION and author: John L. Hines, Jr. CLARK HILL PLC

A reputation management program may be the most important element of an information management strategy. Indeed, it may provide an organizing principle for other components of a total information management policy. To understand why this is the case, and what the components of an information management policy are, it is necessary to understand a little about the taxonomy of information.

Information: The Corporate Landscape Information may have first or second level significance. Corporate artifacts, things, documents and data can have independent, operative, self-revelatory, first order significance. First order information may include information that is embedded in, and thereby conveyed through, the company’s products, inventions, other intellectual property, policies, processes and contracts. These materials reveal significant operative information in the “thing” itself. The operation of a factory reveals material information in its operation—its methods and processes. The machines, to the extent they are patented by and/or for the company, reveal material information about the company and that information may be protected by applicable intellectual property laws. Contracts between vendors, suppliers and contractors may have first order significance as establishing the web of relationships constituting the valuable supply chain. The bulk of corporate information consists increasingly, however, in information of second order significance embodied in documents, messages or other data about the corporation and often in immaterial ways (e.g., lunch invitations). Corporations store a staggering amount of such information. When thinking about the landscape of corporate information, it is also useful to think about information that is (i) at rest or (ii) in transit as a message. Information at rest is information that is embedded in the selfrevealing operations of the company or information about the company that is archived in the memories of individuals, on company systems and devices, or on third party systems, including those of cloud providers. Information in transit includes messaging to and from employees of the company, to and from employees and third parties, and to and from third parties.1

Information: A Significant Source of Enterprise Value Corporate information in all of its various manifestations may be thought of as an intangible. The element of control determines whether information is an asset or a liability. When the company successfully controls information and harnesses it for useful corporate ends, it may be thought of as an asset. When the corporation fails to control the information, the intangible becomes a liability. Controlling information—turning an intangible into an asset—has potentially significant consequences for enterprise value. According to Ocean Tomo, “Within the last quarter century, the market value of the S&P 500 companies has deviated greatly from their book value. This ‘value gap’ indicates that physical and financial accountable assets reflected on a company’s balance sheet comprises less than 20% of the true value of the average firm.”2 While organizations and information technologies can create great efficiencies, the more that corporate systems and devices grow and proliferate, the more entropic is the information that passes through those systems and organizations, i.e., the more the information seems to look “for a way out” and be “free.” Technology systems as they get larger and capable

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Information Management

of performing more tasks tend to become more vulnerable to intrusion— leading to increasing efforts at security and “appliancization” (rendering the technology less open, more task specific and thereby less vulnerable).3 The growth of organizations and of information systems presents special challenges for information management.

Controlling Information: Information Management Policies Companies should establish a suite of information management policies to combat the entropic quality of information. These policies should be created, maintained and overseen by a committee with representatives from at least the following departments: corporate, legal, finance, security, compliance, IT, marketing and HR. The policies include: 1 Corporate handbook and code of conduct: generally governing the principles of corporate responsibility and good citizenship (establishing corporate ethics and sustainability); 2 Employment policy: generally governing principles relating to proper intra-corporate behaviors, including safety, anti-harassment and antidiscrimination; 3 Quality assurance manual: governing processes for assuring quality of products and/or services; 4 Intellectual property policy: governing ownership and rights relating to innovation, inventions, creative works, proprietary information, and use of marks; 5 Communications policy: governing use of computers, mobile devices, telephones; media commentary and public relations; use of Internet and social media; use of company name and brand; communications relating to company products; public and media relations; and employee expectation of privacy in use of corporate systems; 6 Privacy policy: governing the collection, use and transfer of information from third parties and employees with emphasis on information that is personally identifiable to an individual or reasonably identifiable to a particular device; 7 Security policy: governing information security in whatever media, whether at rest or in transit, with emphasis on access controls, perimeter controls, and encryption of data at rest and on mobile devices; protocols in the event of a security breach; and, 8 Document retention policy: rationalizing information storage and governing the retention and destruction of documents, whether on intracorporate systems or stored through cloud providers. The information management committee members must work closely together in establishing, monitoring, and enforcing the policies and, importantly, on appropriate training. For example, if IT wants to move certain systems to the cloud, the systems transition will involve regulatory considerations depending on the location of the servers, the security offered by the provider and the relevant data protection laws. The project will involve integration with applicable records retention policies, including managing litigation holds, and relevant HR considerations relating to storage and transmission of sensitive information. As another example, if marketing and sales are planning on offering new customer login opportunities on social media sites, this decision may involve a cascading set of information management consequences that


Technology

require input from multiple corporate sectors. The decision may involve access to your customers’ personal information by the social media site or by a set of new advertisers, which may mean additional disclosures in your privacy policy-- all of which involves IT, legal, marketing, sales, privacy and security.

discrediting ethics, security, product quality or any other of the components of reputation are legion.9 Once a discrediting event hits, the information about the event may find its way to the first page of Google, and once there Google’s algorithm tends to reinforce the story based on popularity rather than truth.10

The point is, corporation operatives must be trained to recognize the significance of collection, transfer and retention of information and report to the committee (or responsible delegated parties) any changes in practices.

Corporate stakeholders should thus undertake additional measures to manage reputation. These measures would ideally include the following:

Reputation: The Cornerstone of Information Management These policies present a process for controlling information and turning the body of corporate information into a strong intangible asset.

The compilation of beliefs and perceptions that key reputation stakeholders have in the strength of the values and processes defined by these policies is in large measure the reputation of a company. More specifically, reputation is a function of the key stakeholders’ perception of critical business intangibles, including ethical and legal compliance, innovation, quality, safety and security.4

These business intangibles and behaviors are the very ones that are fostered by the policies described above. Key stakeholders in reputation creation include employees, vendors, customers, shareholders, competitors in the industry, individual and corporate geographic neighbors and, to some extent, the public at large. The greatest way to assure a strong reputation is, of course, to implement and secure, as much as possible, compliance with the policies. It follows from the above that reputation provides an organizing principle for a total information management policy. A corporation striving for a good reputation necessarily must strive to achieve the processes fostered by the eight policies above—and this will have measurable economic consequences. A strong reputation will “pay off with (i) pricing power, (ii) lower operationg costs, (iii) greater earnings multiples, (iv) lower beta (i.e., stock price volatility) and (v) lower credit costs.” 5

Maintaining Reputation Has its Own Unique Challenges Nevertheless, there is not a complete correlation between the eight policies and a good reputation. This is because reputation is by definition a function of beliefs about corporate behaviors, and these beliefs themselves may be based on second order communications from people who have only remote connections to the corporation. The beliefs of reputation stakeholders may not reflect the facts or may be based on an out of date or misleading rendition or interpretation of the facts. This disconnect between belief and fact is further complicated by web based and mobile technologies and by social media where communication at no cost is now viral, transparent, permanent and infinitely searchable. A corporation’s reputation is now largely the composite of what shows up in search engine results, rating sites, chatter on the myriad of websites, blogs and other social media sites – in addition to that appearing in traditional media.6 True, false, misleading or out of date information about a company can be published at no cost and distributed instantaneously. Further, the ecology of information transfer includes human belief systems that are prone to “following the herd” and tend to bias towards existing prejudice, notwithstanding actual facts.7 Add to that the public’s new willingness to say things under the cloak of anonymity that it might not have said in the pre-Internet days and a new body of law that, while it has admirably promoted the interests of the First Amendment and a robust Internet, has arguably offered little in the way of protection to the victims of negligent or defamatory speech.8 Examples of corporations being hit literally in an instant by an event

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

1 Play offense on social media. Create a robust presence with content that tells a compelling and truthful story about your corporation. This strategy may involve creating profiles on relevant social media sites, asserting control of relevant domains with the same or a similar name, creating content on relevant websites and where possible creating links to and among your various web presences. This strategy may prove helpful in creating a healthy presence, controlling your corporate identity in the face of third party chatter and in eclipsing inaccurate or even defamatory comments that otherwise could prove harmful (because, for example, it shows prominently on Google). In short, if you don’t control your corporate identity and the messaging about your company, someone else will.11 2 Have in place a crisis management team and a game plan if and when something happens. The team may include outside PR consultants and experts in online profiling and search engine and rating site optimization. You may want to have a site/blog ready to activate that is designed to create appropriate messages to the public in dealing with the particular crisis. And be prepared to use social media (e.g., YouTube, Twitter and Facebook) to broadcast your message. Crisis management will be more or less successful depending on the speed and quality of the messaging efforts. Again, negative reputational events in the digital world can have, in some instances, immediate consequences on consumer demand and stock price.12 3 Consider your overall reputation strategy and the elements of reputation that are particularly important to your customers, investors and other reputation stakeholders in your particular industry. This of course may involve complex questions of business ethics in how one rationalizes conduct that is clearly beneficial to society, but perhaps less beneficial to immediate stakeholders. 4 Consider reputation and other relevant cyber-insurance. The arena of risk management insurance policies covering reputation exposure is an evolving area. Potential areas of coverage may include crisis preparedness (including event training), crisis management and loss of value.13 Companies should also consider the availability of insurance policies that may insure over risks related to the underlying components of reputation. For example, some carriers are now offering insurance for certain risks associated with a security breach and the compromise of personal data. Companies are well advised to confer with their risk management professionals about the possibility of relevant coverage. 1 And, again, messaging may be in a variety of forms including, for example, advertising, email or information

embedded in the distribution of products as they appear in the marketplace.

that a significant portion of the intangible value reflected in its study is represented by patented technology.

2 See, http://www.oceantomo.com/productsandservices/investments/intangible-market-value; Ocean Tomo reports 3 Jonathon Zittrain, “The Future of the Internet and How to Stop It” (Yale 2008). 4 Dr. Nir Kossovksy with Todd A. Miller, Mission Intangible: “Managing Risk and Reputation to Create Enterprise

Value,” p. xxi (Intangible Asset Finance Society 2010) (“Mission Intangible”); 5 See Id. at 8, 30-31,165. 6 Michael Fertik and David Thompson, “Wild West 2.0: How to Portect and Restore Your Online Reputation on the Untamed Social Frontier” (Amacom 2010), 16-29 and 150-161 (“Wild West”). 7 See, Cass R. Sunstein, “On Rumors: How Falsehoods Spread, Why We Believe Them, What Can Be Done.” (Farrar, Straus, and Giroux 2009). As Winston Churchill supposedly said, “a lie gets halfway around the world before the truth has a chance to get its pants on.” 8 Section 230 of the Communications Decency Act, enacted in 1996, immunizes service providers, blogs, websites and other intermediaries that carry the information created and developed by others. 47 U.S.C. § 230(c); See, Zeran v. AOL, 129 F.3d 327 (4th Cir. 1997). Analogous offline publishers do not have such an immunity. Moreover finding the speaker and/or piercing anonymity presents equal challenges. See, e.g., Dendrite v. Doe, 775 A.2d 756 (N.J. App. 2001). 9 See generally Mission Intangible and Wild West. 10 Wild West at 84-85. 11 Wild West, at 188-206. 12 The author thanks Jonathon DeMay for his comments on this point. 13 The author thanks Pamela Newman for her comments on this topic.

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CLOUD COMPUTING CONSIDERATIONS AND RISKS: AN OVERVIEW

author: Kenneth K. Dort Drinker Biddle & Reath LLP

It’s easy, efficient, and provides overall cost savings. Together these three descriptions would make any decision-maker offer to sign right up, regardless of what exactly these words were describing. Cloud computing has the potential to provide all of this and more, seemingly making the transition from a fixed facility model an easy decision. However, in taking this step a number of data protection and legal issues must be considered. These considerations arise at three distinct points: (i) before making the move to a cloud, (ii) during the implementation process, and (iii) as cloud computing is being utilized. The National Institute of Standards and Technology (NIST) defines cloud computing as “a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.” 1 Essentially, data is stored and/or processed in a facility or facilities separate from that of the customer (the data owner). This differs from traditional data storage and processing, and while cloud computing can be convenient and cost effective, it can also open a host of other concerns.

What is cloud computing?

In general, cloud computing falls into three main service models: Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). Under each of these models the amount of control the customer has varies considerably. In a typical SaaS situation, applications reside on the cloud and are available to the customer to use. In this case the customer manages nothing more than some of the configuration settings. PaaS, on the other hand, allows the customer to develop its own applications and manage those directly. The customer also may have some control over the configuration settings of the host’s environment depending on the PaaS. IaaS does not allow the customer to manage the underlying infrastructure, but does allow the customer control over operating systems, storage, and deployed applications. This service model places the greatest amount of management responsibility on the customer. Each of these service models can be implemented through four different deployment models: private cloud, community cloud, public cloud, and hybrid cloud. The ownership and management obligations differ depending on the type of deployment model. Knowledge and understanding of these differences is necessary to assess the data security concerns for a customer. While some customers’ data could be perfectly protected in the realm of a public or hybrid cloud, others may want the added security of a private cloud. When contracting with a cloud provider these considerations play into the service and deployment models that make cloud computing a good fit for the customer.

Outsourcing of Data

As noted above, a key driver in the shift to cloud computing is cost savings. Because cloud fees are treated like a service rather than a traditional software license, the fees fall incrementally instead of up front. The fee structure can vary from being based on hours of usage, volume of data throughput, or data storage. This in turn saves customers money since

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they pay for what they use rather than everything altogether. Additionally, the infinite increase in storage space will allow even the smallest organization enormous growth/scalability possibilities without being weighed down by the additional expense of servers. Since customers can determine how best to utilize the cloud to meet their specific needs, this move can increase both the flexibility and mobility of the workforce. And since an employee no longer needs to be tied to the physical presence of the data, work can be performed at the same efficiency on or off the employer’s physical location.

What is in the cloud?

Understanding the risk associated with cloud computing is critical in making the decision to shift data to a cloud. From a security perspective, data protection, identity management, and physical security should be considered in each decision that is made. The first step is to understand what data you as a cloud computing customer hold. Customer and employee personal information and corporate proprietary information (in addition to third-party personally identifiable information) are often among the stored data. When this data is moved to a cloud it is essentially being placed in the hands of a third party. This takes it out of the realm of control of the data’s owner. Depending on the service model of the cloud, this data could be held in a cloud that is private, open to a community, or available to the general public or large industry group. This move, by its nature, increases the distance between the data’s owner and the data – thus opening up potential risks of inadvertent disclosure. A related consideration is to realize what is being done to the data. It is possible that the data from one company is being processed or changed in the cloud. It is also possible that the data is undergoing no processing at all, but is being stored in its natural state. Either of these options opens up the question of whether the data itself is being encrypted. While not necessary, it is a question to address with an in-house IT team when determining the structure of a move. Cloud providers may also have ideas about what they want to do with customer data. The cloud provider may want to capture the data to improve service; aggregate the data in hopes of reselling it to a third party; or use the data for a broader analytics information set. All of these options, and whether or not the consumer would find them acceptable, must be considered when determining what data goes into the cloud.

Physical Security When data is located on the owner’s site, it is easier for the organization to customize and implement individualized data security protections, access controls, and physical restrictions. Now, with data being stored at an offsite location, there are several additional security challenges. While sounding deceptively light, cloud computing is in a reality a large and sometimes massive group of computers and servers that must be located somewhere. Where that location or locations are can be important for several reasons. There is the actual physical concern about where the data is stored. While the data may be out of sight, it must not be out of mind. The cloud must 1 http://www.nist.gov/itl/cloud/index.cfm


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be located in a space that is secure from both cyber and physical hacking. Further, there is the added concern of natural disasters. In the event of a natural disaster, if the data stored in the cloud is not backed up in any way this could trigger another disaster for the customer. Thus, as the consumer of cloud computing, it is crucial to confirm that the data is being backed up and stored at another location to prevent a breakdown in the event something occurs at the cloud site. In terms of who has access to the data, the same privacy protective measures that are taken with the data at the customer’s own site must be carried to the personnel who deal with the data in the cloud. Again, this is something to consider depending on the type of data you have and the manner in which it is being stored and used. Qualifications, credentials and background review could be a necessary step depending on the amount of personal and proprietary information that is being stored.

Redundancy

Having a second physical, separate location is a necessity in the world of cloud computing. As noted above, a disaster can hit at any time, and being prepared is vital. The contract with a cloud provider must specify that the data be archived regularly at another site. In the event that the cloud provider does not take steps to back up the data, it is critical that the customer know if they have any legal recourse against the provider. This can usually be found in the service contract and therefore should be kept in mind when that contract is being negotiated. Further, there could be the possibility that an issue arises with the cloud provider that warrants a change to a new provider. If the cloud provider goes through bankruptcy or a merger, the customer’s ability to access its own data may be compromised. In these situations the customer needs to know if they have transition assistance (likely worked into the provider contract) and have access to a secondary set of data not dependent on the provider. These extra steps appear redundant, but can be invaluable if any of these events were to happen.

Legal Considerations

There are a number of U.S. laws that are applicable in the collection and storage of data, which carry over into the cloud computing universe. Even if data is stored in a cloud, in the event of litigation the party whose data it is still has the obligation to keep that data preserved for purposes of possible production to the litigants in question. The data and documents are still in the “possession, custody, or control” of the data owner — . and thus fair game — even if located in a cloud. In terms of legal compliance, HIPAA, Sarbanes-Oxley, the Patriot Act, the Gramm-Leach-Bliley Act, and others are still applicable depending on the type of data stored and what is done with that data. As the customer, it is important to know the laws that would apply given the data set you possess and how those obligations translate to the cloud. For instance, the hospital or insurer dealing with medical records has the same higher obligation to protect privacy under HIPAA whether the data is stored in its own facility or in the cloud. It is also important to note that U.S. intellectual property laws are still applicable in this universe. The cloud customer also needs to keep in mind their own policy standards regarding personal information. If a company chooses to implement certain practices regarding personally identifiable information in its control, those same policies and procedures should be implemented at the cloud as well.

In addition, the cloud provider must be able to assist the data owner in complying with any and all notification requirements in the event of a data breach. Additionally, the cloud customer may be subject to the jurisdiction(s) in which the cloud is located. The data security laws of the place where the data is stored apply to the data’s owner. For this reason it is very important that the customer know exactly where the data is located. There is the possibility that a customer would risk becoming subject to jurisdiction in another venue because of the cloud’s presence in that venue. From a business perspective, it is thus critical to know where the data will be stored. Moreover, if the data is stored or passes through the European Union, this could create another set of complicated concerns for the customer. The European Union Data Protection Directive sets out specific guidelines for these situations. In order to move such data from the EU, a customer must be sure that all EU regulations and requirements are satisfied – whether via U.S. Safe Harbor certification, contractual data handling policies, or national exemption. While for some this may be in the company’s best business interest, for other cloud customers this may be an unnecessary expense and they may not want to expose themselves to another set of laws. Further, in the context of the cloud, the customer must make sure that the cloud provider can fulfill all applicable legal obligations in its own right. In short, the same rules that apply to the customer translate directly to the cloud that holds the data.

Knowing the Cloud

Despite all of the risks noted above, cloud computing is here to stay. Having an understanding of the privacy issues, key players, and legal concerns that populate the landscape will help the prospective cloud customer to minimize these difficulties and to utilize the cloud to maximize that company’s return on this strategy.

Congratulations! TRADEMARK COUNTERFEITING

We congratulate Steve Borsand, Executive VP Intellectual Property for Trading Technologies International, Inc. and Recipent of the 2012 First Chair Top Intellectual Property Counsel Award and all of the 2012 First Chair Award winners.

PATTISHALL

BRAND PROTECTION TRADE DRESS COPYRIGHT INTERNET ADVERTISING & PROMOTIONS RIGHTS OF PUBLICITY & PRIVACY TRADE SECRETS MEDIA LAW VIDEO GAME LAW LICENSING & FRANCHISING

LITIGATION • ADR • COUNSELING Arbitration & Mediation | Expert Witness Services | IP Due Diligence Audits

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Health

Type 1 Diabetes: Know The Signs Author: Bryan Sugar ungaretti & harris, llp Years before my son’s 11th birthday, my wife read an article in a parenting magazine about the signs of Type 1 Diabetes. Fast forward to this past fall, and over dinner one night my wife told me about the article and explained that my son, Seth, had a 5th grade classmate who was recently diagnosed. I remember thinking to myself, “I am not sure what Type 1 Diabetes is, but thank G-d my kids are healthy.” One month later in December, 2012, at Seth’s annual physical, he was very proud of himself when he weighed in at the doctor’s office and realized that he had lost about 6 pounds. Seth made the travel basketball team a couple of months before and we believed the weight loss was due to his four-day-a-week basketball practices and the good eating habits he developed over the year. Concerned and having doubt, my wife asked the nurse to check Seth’s urine for sugar because she noticed a slight increase in the amount he was drinking and going to the bathroom. Seth would have days that were normal and then days with excess thirst and bathroom trips. Therefore, my wife wanted to just make sure that Seth was healthy. Moments after Seth provided a sample, the doctor asked to speak to my wife in private. Her look of sorrow was unsettling. “I am so sorry to tell you this, but based on Seth’s sugar level we are 99% sure that he has diabetes. We need to send you to the emergency room immediately.” I was on my way to work when I received the phone call and rushed to the emergency room to meet them there. By the time I arrived a blood test had already confirmed that Seth had Type 1 Diabetes. My wife was “congratulated” by the nurses for catching the early signs of the disease. A couple of hours later Seth was admitted to the hospital for a four-day stay. During those four days our family had a crash course in Type 1 Diabetes. It turned out Seth was actually diabetic months before he was diagnosed -we were just blissfully unaware. Seth’s weight loss was actually due to his body breaking down fat for energy, as he had no insulin. The fat breakdown makes ketones accumulate in the blood – and they are poisonous. The constant drinking and urinating were due to the high level of sugar in his blood. We also learned what his future would hold: insulin injections at least four times a day, numerous finger prick tests each day to check his sugar, changes to his diet, and complicated mathematical formulas that must be calculated to measure the carbohydrates in everything he eats and drinks to balance his insulin. Seth learned how to inject needles into his stomach, and we had to learn how to do it if he could not do it himself. We learned that “hypos” (hypoglycaemic reactions, when blood sugar levels are too low) and “hypers” (hyperglycaemic reactions, when blood sugar levels are too high) can happen extremely fast and can be life threatening. It was a lot to take in. We have no family history of Type 1 Diabetes. Seth was a completely healthy 11 year-old. How could this happen to him? The unsettling truth is the doctors still do not know the answer – no one knows why it happens. It’s an auto-immune disease. For whatever reason, Seth’s body turned on itself and destroyed the beta cells within his pancreas that produce insulin. Insulin is what allows the body to process sugar to create energy; without insulin, the body can’t process food.

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Type 1 Diabetes can occur at any age. However, it is most often diagnosed in children, adolescents, or young adults. These symptoms may be the first signs of Type 1 Diabetes:

Increased thirst and frequent urination. As excess sugar builds up in the bloodstream, fluid is pulled from the body’s tissues. This leaves a Type 1 diabetic thirsty. As a result, the person may drink — and urinate — more than usual.

Extreme hunger. Without enough insulin to move sugar into the body’s cells, the muscles and organs become depleted of energy. This triggers intense hunger that may persist even after someone with Type 1 diabetes eats. Without insulin, the sugar in food never reaches the energy-starved tissues.

Weight loss. Despite eating more than usual to relieve hunger, Type 1 diabetics may lose weight — sometimes rapidly. Without the energy sugar supplies, their muscle tissues and fat stores may simply shrink.

Fatigue. If a body’s cells are deprived of sugar, a person may become tired and irritable.

Blurred vision. If the blood sugar level in the body is too high, fluid may be pulled from the body’s tissues — including the eye lenses. This may affect the ability to focus clearly.

Consult your doctor if you notice any Type 1 Diabetes signs and symptoms. Seth now faces a rigorous daily regime of blood glucose management, trying to keep his levels in the normal range. The more time he spends outside the normal range, the greater the risk of serious health complications. My wife and I are still struggling to come to terms with the fact that our son has a potentially “forever” disease. He’ll be insulin dependent until we can find a cure. Thankfully, researchers are getting closer. As many as 3,000,000 Americans have Type 1 Diabetes and approximately 80 people per day are diagnosed with Type 1 Diabetes in the United States. We are fortunate to live during a time when research institutions are working towards a cure. The Juvenile Diabetes Research Foundation (JDRF) is the leading global organization focused on Type 1 Diabetes research. JDRF’s research mission is to discover, develop and deliver advances that cure, better treat and prevent Type 1 Diabetes. To learn more about JDRF, please visit the JDRF website at www.jdrf.org. With your help, we can eliminate this terrible disease. I hope you never need to use the information in this article, but I want to make sure you know the signs.


Crystal Bowersox

Bret Michaels

Mary Tyler Moore

Christopher

Type 1 diabetes tests us. Every day. Nick Jonas

Eloise

But JDRF has our backs. Living with type 1 diabetes (T1D) tests our patience. Our families. Our outlook. But JDRF is funding research toward a cure, prevention and treatments that really help us, and the millions like us, have a better life. At JDRF, they test themselves every day. So someday, we won’t have to.

Join us.LEGAL Your help is our Please visit JDRF.org today. UNITING COMMUNITIES TO Rhope. ECOGNIZE EXCELLENCE

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Health

Fighting For A Cause Author: joel africk respiratory health association For attorney Doug Graham, community involvement isn’t just something he feels obligated to do; it’s something he’s personally motivated to do. As Vice President, General Counsel and Corporate Secretary of Oil-Dri Corporation of America, Graham has a full plate, yet he always makes time to be a board member for and an active supporter of Chicago-based Respiratory Health Association, a commitment he has maintained since 1998. His passion to raise funds and awareness for lung disease research and programs runs deep.

A Reason To Fight Doug’s disdain for tobacco began when he was a young boy. As a child, his mother would send him and his brother down to the corner store with a shopping list that usually included cigarettes.

“I felt like the only solution was to prevent people from smoking, and help people who smoke who want to quit,” Graham said. “I chose Respiratory Health Association because it allows me to really make a difference.”

“It’s so bizarre to me now that as a kid I could go into a store and buy a pack of cigarettes, and no one even batted an eye,” Graham said. “Even then, we knew smoking was bad, and at some point we told her we wouldn’t support it.”

Gaining Momentum

Helen Baer Graham stopped smoking in part due to her family’s prodding, and for more than 20 years she enjoyed a tobacco-free life. She and her husband, Ira, traveled and were physically active. But it was during a trip to the west coast that she started to worry. After a hike in San Francisco left her frighteningly out of breath, she called her doctor, who performed a chest Xray. Helen had late stage lung cancer. “When she was diagnosed, my family was very surprised,” Graham said. “We felt as if we were cheated. Here she’d done the right thing and quit smoking, yet she was still diagnosed with stage IV lung cancer.” At such a late stage, Helen’s cancer had spread to other organs. “We were aware of the odds,” Graham said, “and they were against her.” In 2002, the survival rate for someone with stage IV lung cancer was less than 5 percent – a figure that has not changed much. Doug and his father leapt into action to find Helen the best oncologist. She went from being a volunteer at the hospital to being a patient there, and her family tried to remain positive. Never letting her kindness subside, she spent her time helping others as much as getting help herself. Helen offered encouragement to people she noticed were also struggling with their health. Just two years after Helen’s diagnosis, she passed away. It wasn’t just her family and friends who were affected; her absence was felt by many in her state. For more than 30 years, she had made a name for herself around the winter holidays when she baked and hand-delivered thousands of cookies to friends, local merchants and teachers. When she died, the local newspaper ran an obituary about “The Gingerbread Lady.” As he watched his mother’s health decline, Doug knew he needed to do something. Driven to keep other families from experiencing what his family did, he joined Respiratory Health Association’s Board of Directors. Respiratory Health Association is a not-for-profit organization that addresses lung diseases, air quality concerns and tobacco control efforts, including smoking cessation resources, funding lung disease research and offering programs to prevent kids and teens from smoking.

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Graham has been with the association for many of its successes, but perhaps his biggest personal success was the one he spearheaded in his town of Deerfield, Illinois. In the early 2000s, the debate over smoke-free public places in Illinois was starting to heat up. Many restaurant and bar owners were concerned that smoke-free laws would shut down their businesses. The opposition also argued that smoke-free laws would intrude on private property owners’ rights, and some patrons also saw it as an infringement on their rights. Despite the controversy, Graham began campaigning for a smoke-free ordinance in Deerfield in 2005. “To me, it seemed like a battle worth fighting,” Graham said. He rounded up a group of doctors and friends to testify at a Board of Trustees meeting about the dangers of secondhand smoke. Turned out the meeting could not have gone better. The testimonies from people in support of a smokefree ordinance were very strong. In the end, Deerfield’s mayor announced that he was also in favor of the smoke-free ordinance – and wanted it to be the strictest in the state. The ordinance went into effect on January 1, 2006. Graham was Respiratory Health Association’s board chair from 2006 to 2008 and led the victory in Deerfield as part of the association’s plan to gain momentum for a wider-reaching smoke-free act. Graham’s dedication to the fight against lung disease has earned him several recognitions. In 2008, Respiratory Health Association awarded him its highest honor: the Herbert C. de Young Medal. The Association presents the award annually to an individual who has shown exemplary commitment to the association. The following year, when Graham was assistant general counsel at Exelon Corporation, he received an Exelon Energy for the Community Volunteer Award. The honor made it possible for him to donate $5,000 in grants to Respiratory Health Association. “All of these years Respiratory Health Association has given me and my family many great platforms and methods to speak out against tobacco,” Graham said. “It feels good to be able to give back to them in such a large way.”


Health

Continuing Helen’s Legacy Since Graham joined Respiratory Health Association, he’s seen many other families lose a loved one to lung cancer. In their honor and in his mother’s memory, he participates in Respiratory Health Association’s annual events that raise funds and awareness for lung disease research and programs. In February, he headed a team of Oil-Dri colleagues, family and friends at Respiratory Health Association’s 16th annual Hustle Up the Hancock. Graham was one of more than 4,000 people to climb 94 or 52 floors in John Hancock Center to raise more than $1.1 million for lung disease research and programs. Team Oil-Dri raised nearly $3,000. “It’s a fun challenge and a great way to interact with my co-workers outside of the office,” Graham said. “It’s also wonderful to see my children taking part in something so important to me, and hearing them share news of their climb and why we participate in Hustle. It shows me that they get it.” All of Graham’s work with Respiratory Health Association will not change what happened in the past, but he sees it making a difference in the future. His commitment to charity has also been a way to honor his mother, who set the example for her children about the importance of giving back and fighting for a cause they believe in. “My desire to be involved with the community runs deep,” Graham said. “I am happy to be a part of an association that addresses a cause that is so important to me, and I am grateful that I have been able to use my skills and knowledge to bring about important changes.”

Drinker Biddle congratulates the 2012 First Chair Award recipients

www.drinkerbiddle.com CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY NEW YORK | PENNSYLVANIA | WASHINGTON DC | WISCONSIN Drinker Biddle & Reath LLP | A Delaware limited liability partnership

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Insurance

Business Interrupted – What’s an Insured to Do? Author: Robyn L. Anderson Lathrop & Gage LLP When Hurricane Sandy pounded Manhattan last fall, many businesses were shut down or had interrupted business operations for the days and weeks that followed. And it was not always because the businesses themselves suffered storm damage. Instead, a huge number of businesses suffered interruptions from the inevitable secondary effects of the storm – evacuation orders, power outages and transportation glitches that made it impossible to operate.

This article highlights, at a glance, cases where the possibility of business interruption coverage exists even without physical loss in the most traditional sense. Does this article tell the full story? No. It’s a non-exhaustive list of the many scenarios in which coverage can be procured or determined via judicial interpretation. And it’s a short counterpoint to the insurance industry’s one-sided message that, without physical damage, “you’re out of luck.”

Unfortunately, mainstream media did not do any favors for these businesses. For example, CNNMoney ran an article quoting the Vice President of the Insurance Information Institute, Loretta Worters, saying, “There has to be direct physical damage to the building in order for business interruption insurance to come into play. ” (Insurance May Not Cover Businesses Shut Down By Sandy, CNNMoney, Oct. 31, 2012). The article then goes on to state, “Businesses that didn’t suffer any physical damage but were shuttered due to lack of power or evacuation orders are out of luck.”

Let’s Get “Physical.”

Although the article gives a small, final caveat that specific policy terms can vary, the overriding message is in tune with the insurance industry’s message: don’t be filing claims unless you had direct, physical loss.

No. Courts sometimes take differing views on what sorts of loss constitute direct physical loss. For example, one court found direct physical loss when intentionally installed drywall produced unwanted noxious odors, which then prevented the insured from operating business as usual. The court found the insured could have business interruption coverage because the building was rendered unusable by a physical force (the drywall). A small minority of courts have looked at whether the property is impaired in its function, without requiring damage in a structural sense, provided the property is damaged in some way. Cases like these illustrate that “physical” is sometimes a matter of interpretation.

This is an oversimplified view of business interruption coverage. Business interruption coverage has always been, and likely always will be, tethered to the antecedent requirement of (covered) physical loss. But (and this is a big but) that’s only part of the story. Businesses can readily buy (and many businesses do buy) business interruption coverage that is triggered not only from physical loss to property, but alternatively when access to property is blocked due to evacuation orders or physically blocked access. Similarly, coverage can be written to apply when there are power outages or supply chain problems due to physical damage to the property of suppliers or receivers (contingent business interruption). What is more, even if you’re looking only at traditional business interruption coverage, courts sometimes take an expansive view of what qualifies as “direct physical loss.” Precedent varies from jurisdiction to jurisdiction and you cannot know how your policy will be interpreted without reviewing the law that would govern a potential coverage dispute.

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Numerous non-insurance industry commentators have noted that although the physical loss requirement to business interruption coverage made sense 100 years ago, it is antiquated in today’s virtual world of doing business. While this may be true, insurers are slow to agree. They’re still issuing policies that, at the core of the basic business interruption coverage, require a showing of direct physical loss to the insured’s covered property. But is that the end of the story?

Safety First Some courts have reasoned their way around the direct physical loss requirement of business interruption coverage by following the motto “safety first.” For example, one court found the possibility of business interruption coverage where the insured had to cease operations because of a non-covered malfunction to its factory’s sprinkler system. The court reasoned that it would have been unreasonable for the insured to continue operations without the fire protection and, therefore, the business interruption coverage could not be rejected as a matter of law.


Insurance

Co-dependency Not Always A Bad Thing Some courts also have liberally interpreted the physical loss requirement when a business has multiple locations that are dependent upon each other and only one location is physically damaged. Even if the lost revenue is attributable to the nondamaged locations, some courts have been willing to find coverage for the mutually dependent properteis and operations.

Who’s the Boss?

In many cases, the insured is prevented from operating as normal because evacuation orders prevent the insured from accessing the covered property. In these cases, coverage for civil authority claims is triggered. With this coverage, an insured is protected not only when its own property is physically damaged, but also when it suffers business loss due to government orders of evacuation that stem from the risk of physical loss to property. This is a standard and worthwhile addition to the most basic business interruption coverage grant. Some insurers will draft the coverage to require property damage to the insured’s own premises; the preferable option is to negotiate coverage without having to require a showing of physical loss to the policyholder’s own covered property.

Coming and Going Another standard coverage is ingress/egress coverage. This protects a business when it can’t access its property due to property damage and debris in the area surrounding the covered property. One of the main disputes under this coverage part is whether access must be

completely prohibited, or whether it is sufficient to show business is interrupted due to partially limited access. Some courts conclude that if you can reopen and resume operations at any level, access is not prohibited and coverage no longer applies. Other courts have taken more expansive views, and a proactive policyholder can negotiate policy terms to broaden the coverage, if desired.

Love Thy Neighbor As Thyself Business owners may also want to purchase contingent business interruption coverage. This coverage is triggered when a supplier or receiver of the insured suffers a physical property loss that prevents it from performing, thus causing business interruption and/or extra expense for the insured. Businesses that are dependent upon the performance of the supply chain should be pursuing contingent business interruption and/or trade disruption insurance as a part of their risk management portfolio.

What To Do? Policies vary, as does coverage law from state to state. There are few, and perhaps no, absolutes. Do not read this article as guaranteeing coverage, and (heaven forbid) do not read it as excluding the potential for coverage. Instead, be proactive. Work with your risk manager, your broker and your legal advisor to make sure you’re buying the various types of coverage that make sense for your business and risk profile. Then, when you suffer a business interruption, look at your policies, consult the case law and make an informed decision whether coverage is worth pursuing. Don’t hastily assume you’re out of luck just because your property is not physically damaged.

CONGRATULATES

DAVID EBROON EXECUTIVE DIRECTOR, JPMORGAN CHASE/CHASE CAPITAL RECIPIENT OF THE 2012 FIRST CHAIR TOP PRIVATE EQUITY COUNSEL AWARD W W W. G OLDBERGKOHN.COM BUILT ONE LAWYER, ONE CLIENT, ONE MATTER AT A TIME

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Celebrating Innovation “The innovation point is the pivotal moment when talented and motivated people seek the opportunity to act on their ideas and dreams.” -W. Arthur Porter

Innovation. In business, it’s a virtue. In a legal department, it can make the difference between breakeven and breakthrough. The attorneys of Ungaretti & Harris congratulate the First Chair Award recipients, who are recognized for their innovation, hard work and contributions to the legal profession. Like our in-house colleagues, we at Ungaretti & Harris know the value of innovation. We go beyond simply handling legal matters: we look for creative ways to provide better outcomes, create stronger relationships, and provide breakthrough value. The qualities recognized by the First Chair Awards are also at the heart of our firm’s culture. We are proud to sponsor the First Chair Awards and celebrate the achievements of our in-house colleagues.

www.uhlaw.com

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Insurance

Lost In Transition Author: Ann K. Brennan, CLU NFP National Madison abrennan@nationalmadison.com

Opportunities for growth are certainly increasing in overseas markets while the competition for top executive talent is heating up both domestically and internationally. Several financial and insurance related aspects that can directly impact an executive’s compensation and net worth are often overlooked whether the executive is inbound or outbound. In my experience, working for many years in both Executive Benefits and Wealth Transfer Planning for senior executives, shareholders and top partners at law firms, some issues are often lost in the transition process as the executive moves around the globe.

Inbound Pre-Immigration Wealth Protection Planning Planning is crucial for foreign nationals as well as U.S. citizens married to a foreign national. Our U.S. tax system is obviously different from other countries. Often inbound executives believe that their assets are sheltered because they have already established trusts in their resident countries. However, in certain situations the trust income might be considered taxable income in the U. S., so reviewing and planning prior to taking a new position in the U.S. is crucial. Christine Quigley, a member of Holland & Knight’s Private Wealth Services Group who focuses on ultra-high net worth individuals and families, notes, “One challenge is properly identifying all offshore assets for U.S. tax compliance. For example, many new residents are surprised to learn that, once over a certain threshold, nearly all financial assets must be reported annually -- even those that generate no present income, such as a life insurance policy with cash value.” Obtain expert legal and tax advice so you “know before you go.”

a work visa until he could prove that he had health coverage in place, from a “locally admitted” source. The insurance company worked successfully with the local vendor to obtain the health coverage quickly so that the work visa was issued.

International High Limit Disability Income Programs for the C Suite and Equity Partners Perhaps the most overlooked Executive Benefit, domestically and internationally, is High Limit Supplemental Disability Income, which covers Executives all over the globe. As long as there is a relationship with a U.S. firm, we can customize a program for one or many executives. These plans typically provide, without medical underwriting, monthly disability income benefits up to $250,000 over and above the company’s existing group long term disability program. Optional lump sum benefits are available up to $5,000,000. The benefits are paid in U.S. dollars. As an expert in this area for 30 years, a High Limit Disability Income plan is becoming an increasingly important benefit, especially to protect those with significant incentive compensation. In conclusion, as highly qualified executives move from country to country, protecting one’s assets, compensation and access to quality healthcare requires careful planning and education. These are challenges for global nomads - - so seek expert advice to avoid being lost in transition.

Outbound Executives Another challenging and often complex issue for outbound U.S. executives and their families revolves around local health care options and ease of access. According to Ann Straw, U.S. General Counsel of VCNA | Votorantim Cimentos North America Inc., “Even a routine process such as obtaining a green card on a timely basis for an executive or securing health insurance for an inbound or outbound executive and his/her family can be a major headache. We try to anticipate these issues. Frequently the work-around is simply to keep an outbound executive on the U.S. payroll until health insurance benefits are resolved abroad. The one thing that is clear is once the employee is off the U.S. payroll, we can’t keep that employee and his/her family on the U.S. health benefits program.” I work with the specialty unit of a large multinational insurer, which has local relationships in 50 countries. This ensures that the U.S. employer has up to date legal resources locally and that any changes to the health requirements in a foreign country are continually monitored. For example, in one situation, an executive was being transferred to the Czech Republic, but could not obtain

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Marshall, Gerstein & Borun LLP is an intellectual property law firm committed to protecting clients’ IP assets and value worldwide.

Focus. Perspective. Depth. Marshall, Gerstein & Borun LLP congratulates the 2012 First Chair Award recipients on their outstanding achievement.

233 South Wacker Drive 6300 Willis Tower Chicago, Illinois 60606 T 312.474.6300 F 312.474.0448 marshallip.com

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Top General Counsel Valeria Bailey, Rand McNally Margee Elias, Gogo, LLC Monica Weed, Navigant Consulting, Inc. Top Assistant General Counsel Paul Brown, Underwriters Laboratories Karla Kambic Lammers, CNA Rahsaan Sales, Navigant Consulting, Inc.

Rising Stars John Curtin, Walgreen Co. Top Corporate Counsel Julia Jackson, Takeda Pharmaceuticals Neal Jagtap, Groupon, Inc.


Winners Galmont Legal Congratulates

of First Chair Awards 2013

We celebrate the innovation, integrity, and commitment of these outstanding attorneys What makes us Exceptional? We are a unique legal services company offering a full range of cost-effective professional staffing solutions for special projects or staff supplementation. With the focused, personalized approach of a boutique legal services firm, we carefully recruit and retain highly qualified paralegals and attorneys with broad subject matter experience.

Galmont Legal At-a-Glance: Galmont Legal is a member of the Galmont family of staffing companies, a Chicago-based firm that: • Employs nearly 200 legal and IT consultants • Has achieved consistent and sustained growth since it was founded in 1999 as a Certified Woman-Owned Business • Has served clients such as: Accenture Allscripts Anixter International CAN Grainger HCSC McDonalds Corp

JPMorgan Chase NYSE Group Rush Medical Transunion US Cellular Corp Global Hyatt And others

For exceptional legal solutions at cost-effective rates or to schedule an appointment, please contact legalstaff@galmont.com or call 312.214.3261.

www.galmontlegal.com

Galmont Legal is a proud sponsor of First Chair UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

© 2013 Galmont Consulting. All Rights Reserved.

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Scene at First Chair

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THE FIRST CHAIR AWARDS EVENT

SCENE

at First Chair

On August 29, 2012 First Chair hosted the Second Annual First Chair Awards Event. The event was attended by over 350 members of the legal community from across the United States to celebrate the achievements of our 138 in-house award recipients.

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THE SCENE 1. Keith James (Corporate Employment Counsel, Masco Corporation), Rao Vepachedu (Managing Director, Cardinal Risk Management). 2.

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Sanjana Chopra (Senior Corporate Counsel, UL), Paul Brown (Assistant General Counsel, UL), Jennifer Mikulina (Partner, McDermott, Will & Emery).

3. Jamila Covington (Senior Counsel, Navistar Financial), Gail Saracco (Partner, Greenberg Traurig). 4.

Mary Clare Bonaccorsi (Partner, Polsinelli Shughart), Joseph Bonaccorsi (General Counsel, Akorn Inc.), Kimberlee Seah (General Counsel, BioScrip Inc.), Mark Goran (Shareholder, Polsinelli Shughart).

5. Mary Smigielski (Assistant General Counsel, Sears Holdings), Grady Murdock (Partner, Littler Mendelson).

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6. Tiffany Gehrke (Associate Marshall, Gerstein & Borun), Cristina Hawilo (Senior Litigation Counsel, Videojet Technologies Inc.). 7.

Veronica Gomez (Deputy General Counsel, Exelon Corporation), Chaka Patterson (Counsel, Skadden), Terance Gonsalves (Deputy General Counsel, Career Education Corporation).

8. Shayla Cooper (Contracts Counsel, YMCA of Metro Chicago), Michael Booden (Senior Legal Counsel, YMCA of Metro Chicago).

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Scene at First Chair

1

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THE FIRST CHAIR ROUNDTABLE EVENT

SCENE

at First Chair

On November 28, 2012 First Chair hosted its Roundtable Event. The event brought together The First Chair community to discuss the direction of First Chair in the upcoming year.

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THE SCENE 1. Janice Block (General Counsel, Kaplan, Inc.), Valeria Bailey (General Counsel, Rand McNally). 2. Brent Hawkins (Partner, McDermott, Will & Emery), Chipo Nyambuya (Vice Consul, British Consulate). 3. Christine Loundy (Senior Attorney, Stepan Company), Mark Gershon (Partner, Polsinelli).

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4.

Joshua Markus (General Counsel, Rexam Beverage Can), Jennifer Levin (President, First Chair), Leslie Richards-Yellin (Partner, Hinshaw & Culbertson).

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Richard Stevens (Associate General Counsel, Old World Industries), Charles Stewart (Attorney, Abbott Laboratories), Michael Karpeles (Partner, Greenberg Traurig), Andrew Tsai (Intellectual Property Counsel, Mars, Inc.).

6. Gregory Chinlund (Partner, Marshall Gerstein & Borun), Ann Chen (Senior Counsel, Wm. Wrigley Jr. Co).

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7. Sylvia Chen (Senior Counsel, Motorolla Mobility), Elliot Molk (Assistant General Counsel, World Kitchen). 8.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

Ryan Lawrence (Assistant General Counsel, Oil-Dri Corp.), Janice Block (General Counsel, Kaplan), Cheryl Orr (Partner, Drinker Biddle).

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© 2013 Huron Consulting Group Inc. All Rights Reserved. Huron is a management consulting firm and not a CPA firm, and does not provide attest services, audits, or other engagements in accordance with standards established by the AICPA or auditing standards promulgated by the Public Company Accounting Oversight Board (“PCAOB”). Huron is not a law firm; it does not offer, and is not authorized to provide, legal advice or counseling in any jurisdiction.


2012 Award Recipients Category: rising Stars

Category: rising Stars

Category: rising Stars

ali ahmed Fresenius Kabi usa

Sam Banayan reDbOx auTOMaTeD reTaiL, LLC

Paul Brown uL (unDerWriTers LabOraTOries)

1501 e. Woodfield road schaumburg, illinois 60173 ali.ahmed@fresenius-kabi.com Senior Patent CounSel • intellectual Property; Medical Device Technology; Hatch-Waxman nDa and anDa Litigation and regulatory strategy; Paragraph iV Patent Challenges; Follow On biologics, international and u.s. Patent Law ali ahmed is senior patent counsel at Fresenius Kabi and practices litigation, prosecution, and opinion work in the chemical, medical device, and pharmaceutical technologies. Prior to joining Fresenius, Mr. ahmed worked at Winston & strawn LLP in Chicago and Finnegan, Henderson, Farabow, Garrett, & Dunner LLP in Washington, DC. Mr. ahmed has been on the faculty at the George Mason university school of Law and the barbri Patent bar review Course and is currently teaching at the Chicago Kent College of Law. Mr. ahmed has a b.s. in Chemical engineering from Washington university in st. Louis and received his JD, with honors, from George Washington university.

1 Tower Lane, suite 900 Oakbrook Terrace, illinois 60181 banayan@gmail.com

333 Pfingsten road northbrook, iL 60062 paul.brown@ul.com

Senior CounSel • Corporate and Commercial

aSSiStant general CounSel • intellectual Property and Knowledge Management

sam banayan is senior Counsel at redbox automated retail, LLC. His primary areas of practice in this capacity are corporate and commercial transactions. He also provides counsel in furtherance of enterprise-wide initiatives, assists in litigation management and serves on a multitude of internal committees. Prior to redbox, he was counsel to several transnational corporations, focusing the majority of his practice on complex international logistics and commercial transactions. He considers his pro-bono practice a priority and serves as counsel and commercial advisor to several startup companies in the entertainment and goods and services industries. He holds a J.D. from Chicago-Kent College of Law and a b.s. in Finance from the university of illinois in urbana-Champaign.

Paul is assistant General Counsel for intellectual Property and Knowledge Management at uL, a 118-year old global independent safety science company. Paul leads a small team that is responsible for growing, managing, and protecting uL’s global iP portfolio, including the famous uL-in-a-circle certification mark. His practice also includes developing and implementing iP strategies for uL, counseling and educating uL executives and staff on iP issues, and structuring and negotiating iP-related business transactions. Previously, Paul was an associate at Marshall, Gerstein & borun and Kirkland & ellis. He received a b.s. in Microbiology from the university of illinois at urbana-Champaign, and his JD, cum laude, from northwestern university school of Law. Paul also co-owns and manages an electronic music label, siteholder records. Paul, his wife, and their 3 kids live in the Chicago suburbs.

Category: rising Stars

Category: rising Stars

Category: rising Stars

leah Christoforidis reD CHaLK GrOuP

John Curtin WaLGreen CO.

raquel daFonseca Ge DiGiTaL enerGy

104 Wilmot road Deerfield, illinois 60015 john.curtin@walgreens.com

222 W. adams suite 550 Chicago, iL 60606 leah@redchalk.com

830 W. 40th st. Chicago, iL 60609 raqdaf@yahoo.com

general CounSel • intellectual Property

Senior attorney -- CorPorate and aCquiSitionS • Mergers and acquisitions, Finance, Joint Ventures

general CounSel • General corporate practice that involves providing advice and counsel on commercial transactions; litigation strategy and compliance matters.

Leah Christoforidis is General Counsel and leads red Chalk Group’s intellectual Property brokerage and Licensing practice and has a proven track record assisting clients in monetizing their intellectual property portfolios. Ms. Christoforidis has experience in a wide range of sectors and technologies including consumer electronics, wireless telecommunications, mobile handsets, data networking, digital imaging, and medical devices. Ms. Christoforidis earned a Juris Doctor degree from DePaul university College of Law, and a bachelor of science degree in industrial engineering from the university of illinois. she is registered to practice before the united states Patent and Trademark Office and is licensed to practice law within the state of illinois. Prior to becoming an attorney she was an extern for the Honorable John Darrah, united states District Court, n.D. ill. Ms. Christoforidis is also active in numerous professional and charitable organizations including the Chicago bar association, the intellectual Property Law association of Chicago, Cystic Fibrosis Foundation and the Chicago Fashion Foundation.

a 2003 graduate of syracuse university College of Law, John started his legal career at Jones Day (Cleveland) in Fall 2003. a Chicago native, John relocated to Chicago in 2006 and joined the corporate practice of Katten Muchin rosenman LLP. John worked on a number of Walgreen acquisitions while at Katten and subsequently joined Walgreen Co. in 2007.

raquel daFonseca is General Counsel at G.e. Digital energy, an affiliate of the General electric Company, with in-depth knowledge and experience in commercial contracts, intellectual property, strategic business planning, corporate ethics, litigation, employment law, and import/export law. she is a member of the executive team who advises and counsels the business to help meet financial objectives while mitigating the risk profile of business. raquel received her JD from university of Michigan in 1996 and graduated from brown university in 1994 with a b.a. with honors in Classics. she actively mentors young attorneys both inside and outside her Company.

Category: rising Stars

Category: rising Stars

Category: rising Stars

Cristina Hawilo

ramona Mateiu THOuGHTWOrKs, inC.

Kimberly quinn bMO FinanCiaL GrOuP

ViDeOJeT TeCHnOLOGies inC. anD DanaHer COrPOraTiOn PrODuCT iDenTiFiCaTiOn businesses 1500 Mittel boulevard Wood Dale, illinois 60191 cristina.hawilo@videojet.com

200 e. randolph, 25th Floor Chicago, iL 60601 rmateiu@thoughtworks.com

111 W. Monroe Chicago, illinois 60603 kimberly.quinn@harrrisbank.com

Senior litigation CounSel • Litigation, employment, anti-Piracy/Counterfeiting, Marketing and advertising, and Compliance

aSSoCiate general CounSel • General Corporate, Commercial Contracts, intellectual Property, employment Law

Senior CounSel • banking Law, business Law

Cristina Hawilo is senior Litigation Counsel for Videojet Technologies inc. and Danaher Corporation’s Product identification businesses. in this capacity, she manages all litigation matters and employment matters, assists with the antipiracy initiatives, and counsels business partners with respect to marketing and advertising issues, insurance claims, and risk management and dispute resolution. Previously, she worked as a Commercial Litigation associate for Vedder Price, P.C. and Jenkens & Gilchrist, P.C., where she litigated complex litigation matters. she holds a J.D. from the university of Michigan Law school, and a b.a. from the university of Michigan. she currently serves on the in House Counsel Committee of the Coalition of Women’s initiatives in the Law. Cristina enjoys cooking, reading, and spending time with her family.

ramona Mateiu is associate General Counsel at ThoughtWorks, inc., a multinational technology consulting company headquartered in Chicago. she is responsible for a wide variety of matters ranging from commercial contracts, intellectual property, employment law and litigation management. she also sits on the americas Management Team, which is responsible for managing ThoughtWorks’ us, Canada and brazil business operations. Previously, she was associate General Counsel at Privatebancorp, inc., where she served in a corporate generalist role working on corporate governance matters, seC filing, bank regulatory, commercial contracts and employment law. Prior to her move in-house, she was a corporate associate at schiff Hardin LLP, where she focused on mergers and acquisitions and private equity transactions. she holds a J.D. from the university of California at berkeley and a b.a. in economics from the university of illinois at urbana-Champaign, cum laude. ramona and her husband Chris are the proud parents of a two year-old son and are expecting their second child in the fall.

Kimberly Quinn is senior Counsel with bMO Financial Group. in this capacity, she assists the bank in legal risk management related to banking deposit products and services. Previously, she was Compliance Counsel at the illinois bankers association, where she advised illinois banks on state and federal regulatory and legislative issues. she was also previously an associate at Quinlan and Carrol, where she advised banks and businesses on a variety of organizational and transactional issues. Kimberly holds a J.D. from Loyola univeristy Chicago school of Law and a b.a. from illinois Wesleyan university. she serves as the young Lawyers Liaison to the aba subcommittee on Consumer Financial services Committee and is a faculty advisor to the illinois bankers association course on Law and banking. in her spare time, Kimberly enjoys traveling, reading and running.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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2012 Award Recipients Category: rising Stars

Category: rising Stars

Category: rising Stars

Jeremy roe anHeuser-busCH COMPanies, LLC

elizabeth rosenfeld THe bOeinG COMPany

Michele Smolin CLiFFs naTuraL resOurCes, inC.

One busch Place saint Louis, MO 63122 jeremy.roe@anheuser-busch.com aSSoCiate general CounSel • intellectual Property

it SourCing Strategy • iT sourcing strategy; ethics and business Conduct; insurance Coverage and Litigation

Jeremy roe is associate General Counsel for anheuser-busch Companies, the leading brewer and marketer of beer in the united states. He provides counsel on all aspects of intellectual property law, primarily trademark clearance, prosecution, and enforcement for some of the world’s most wellknown beer brands, including budweiser, stella artois, and beck’s. before joining a-b, he practiced trademark and marketing law with neal & McDevitt, LLC. Prior to law school, he spent five years in brand marketing and product management at CDW Corporation. He received his JD and Mba from DePaul university, and a ba from ball state university. Jeremy now resides in saint Louis with his wife and two sons.

elizabeth rosenfeld has worked at The boeing Company for the past 5 years. she recently joined the iT sourcing strategy team and negotiates multi-year partnerships within iT infrastructure. Prior to this position, elizabeth worked in ethics & business Conduct for 2 years, where she led enterprise compliance training initiatives. in her first 3 years at boeing, elizabeth managed claims and litigation while she pursued her Kellogg Mba. before joining boeing in 2007, elizabeth practiced insurance coverage and also clerked at the illinois appellate Court. she serves on the CarPLs associate board and competes as an open water distance swimmer with us Masters swimming.

200 Public square, suite 3400 Cleveland, Ohio 44114 michele.smolin@cliffsnr.com Senior attorney • Provides sophisticated legal support, analysis and direction in furtherance of Cliffs’ business goals and to facilitate the Company’s presence and growth as a global leader in international mining and natural resources. Michele is senior attorney for Cliffs natural resources, inc. where she is responsible for providing legal and business counsel for Cliffs north american Coal entities. Prior to joining Cliffs Michele was a partner at McDonald Hopkins, Co. LPa litigating commercial, employment and banking cases for ten years. she was also a partner at an innovative boutique litigation firm and represented Fortune 500 companies in employment and banking matters. Michele started her career with a bang as a Public Defender in Pittsburgh, Pa after graduating from Case Western reserve university in 1992. Michele was born and raised in Pittsburgh, Pa and is a die-hard steelers fan. More important than career successes, Michele and her husband dedicate themselves to family time with their two young sons, extended family and friends.

Category: rising Stars

Category: rising Stars

Category: top assistant general Counsel

angelina tsu ZiOns banCOrPOraTiOn

lynn Watkins-asiyanbi us FOODs, inC.

rita deBoer Tribune COMPany

One south Main street salt Lake City, utah 84111 angelina.tsu@zionsbancorp.com

9399 W. Higgins road rosemont, iL 60018 lynn.watkins@usfoods.com

435 north Michigan avenue Chicago, iL 60611 rdeboer@tribune.com

ViCe PreSident, legal CounSel • Litigation

aSSiStant general CounSel • Transactional commercial within the areas of sales, intellectual property, information technology and supply chain logistics.

Senior CounSel • real estate, Commercial transactions, Outsourcing, information Technology

angelina Tsu is VP, Legal Counsel, at Zions bancorporation. Prior to joining Zions, angelina practiced at ray Quinney & nebeker in the firm’s Finance and restructuring Group. she also served as a judicial clerk to the Honorable Dee V. benson of the united states District Court for the District of utah. angelina holds a J.D. from the university of utah where she was a Leary scholar and a Member of the utah Law review. she currently serves as a commissioner for the Third Judicial District at the utah state bar Commission. she has been recognized for her public service by the utah state bar young Lawyers’ Division (young Lawyer of the year 2009), the association of Corporate Counsel (Community service award 2010), the american bar association young Lawyers Division (star of the Quarter 2010), and the utah state bar (section of the year 2011). she enjoys travel, tennis and snowboarding.

Lynn Watkins-asiyanbi is assistant General Counsel at us Foods, inc. in this capacity, she negotiates transactional commercial contracts in the areas of sales, intellectual property, information technology, and logistics, and counsels business partners with regard to issues in these areas as well. Previously, she was an associate at baker & McKenzie LLP and DLa Piper LLP, where she worked on mergers and acquisitions and corporate finance, respectively. she holds a J.D./M.b.a. from northwestern university and b.s. in Chemical engineering/economics from the university of Wisconsin-Madison. she has served on the board of directors for the former Girl scouts of Chicago council; is a former associate board member for the Chicago Committee on Minorities in Large Law Firms; is a former board member for black Women Lawyers’association of Chicago; currently mentors a high school student in LinK unlimited; and is an active member of her church, st. Mark uMC.

rita Deboer is senior Counsel at the Tribune Company and has served in this position since august 2008. as real estate counsel for management of the portfolio of 11.2 million square feet of office and industrial facilities, as well as counsel to several other business units, Ms. Deboer negotiates and drafts a wide range of commercial agreements. Prior to joining Tribune, Ms. Deboer was Managing Counsel-national Contracts with equity Office Properties Trust for over eight years. Ms. Deboer also served as General Counsel for The Crown Group where she handled commercial real estate acquisition, development, disposition and financing agreements, and negotiated leases. she holds a J.D. from university of California, Los angeles - school of Law and a M.T.s. from Harvard university. since 2011 Ms. Deboer has served as Vice President-Programs on the executive board of the association of Corporate Counsel, Chicago Chapter.

Category: top assistant general Counsel

Category: top assistant general Counsel

Category: top assistant general Counsel

tom evans KeMPer COrPOraTiOn

terance gonsalves Career eDuCaTiOn COrPOraTiOn

Stacee Hasenbalg bMO FinanCiaL GrOuP

One east Wacker Drive Chicago, illinois 60601 tevans@kemper.com

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100 n. riverside Chicago, iL 60606 elizabeth.a.rosenfeld@boeing.com

231 n. Martingale road schaumburg, illinois 60173 tgonsalves@careered.com

111 W. Monroe st. Chicago, iL 60603 stacee.hasenbalg@harrisbank.com

aSSoCiate general CounSel & SeCretary • Corporate Governance, Litigation, intellectual Property

ViCe PreSident & dePuty general CounSel • Litigation

aSSoCiate general CounSel • Financial services

Tom evans is associate General Counsel & secretary at Kemper Corporation, where is he responsible for corporate secretarial functions, oversight of the company’s Complex Litigation unit, and intellectual property. after graduating from the university of notre Dame school of Law, he started his legal career at Winston & strawn in Chicago, where he litigated an assortment of commercial matters. Tom joined the nascent legal department at Kemper (then called unitrin, inc.) shortly after the company had been spun-off from its former parent, Teledyne, inc., as the attorney charged with managing the company’s litigation portfolio. Tom holds a b.a. from Centre College in Kentucky, and enjoys spending his free time with his family and dogs while pondering the frustration of being a Chicago Cubs fan.

Terance Gonsalves is Vice President and Deputy General Counsel - Litigation at Career education Corporation. in his role as head of litigation, he oversees the management of all of the company’s commercial and employment litigation. Previously, he was a partner at sonnenschein, nath & rosenthal, LLP (n/k/a snr Denton us LLP) where he litigated complex commercial cases as a member of the firm’s Litigation and business regulation practice. He holds a J.D. with honors from DePaul university, College of Law, and a b.a. from the university of illinois at urbana-Champaign.

stacee Hasenbalg is associate General Counsel at bMO Financial Group. in this capacity, she manages the group of attorneys who support the u.s. private banking businesses of bMO Financial. she counsels business partners on all aspects of their products and services, as well as fiduciary risk management. Previously, she was an associate at Mayer brown LLP where she was a member of the Wealth Management practice group. she holds a J.D. from the university of California, berkeley, and a b.a. from Purdue university. she is a member of various legal and industry groups and is on the board of Friends of the Chicago river. stacee went to pastry chef school and enjoys traveling to exciting places. she climbed Mt. Kilimanjaro in 2011 and will be climbing to everest base Camp in november.


2012 Award Recipients Category: top assistant general Counsel

Category: top assistant general Counsel

Category: top assistant general Counsel

Kerilyn Johnson MiDas inTernaTiOnaL COrPOraTiOn

Karla lammers Cna FinanCiaL COrP

Christina loundy sTePan COMPany

333 s. Wabash avenue, 23rd Fl. Chicago, iL 60604 karla.lammers@cna.com

1300 arlington Heights road itasca, illinois 60143 kjohnson@midas.com

22 W. Frontage road northfield, illinois 60093 cloundy@stepan.com

aSSiStant general CounSel & aSSiStant SeCretary • Franchising, Marketing and advertising, Technology, Licensing, intellectual Property, Transactions and General Corporate Matters

VP & aSSoCiate general CounSel • Finance, banking, real estate, regulatory

Senior attorney • environmental Health and safety, Global supply Chain

Kerilyn Johnson is assistant General Counsel and assistant secretary at Midas international Corporation, one of the world’s largest providers of automotive service, including brake, maintenance, tires, steering, suspension, and exhaust services. she provides counsel to executive leadership on the day-to-day operations of the business, including in the areas of franchising, marketing, intellectual property, technology, licensing and general corporate matters. Prior to Midas, Ms. Johnson was senior Technology attorney for 3Com Corporation (subsequently acquired by HP) where she led crossfunctional teams to negotiate complex technology transactions. she began her career at Motorola, inc. supporting its north american antenna site Division. Ms. Johnson received an LL.M in intellectual Property Law, with honors, from John Marshall Law school, a JD from DePaul university College of Law and a ba cum laude in english and spanish from augustana College.

Karla Lammers is a graduate of the university of illinois College of Law and has been practicing for over 20 years. after working as an associate at two national law firms in Chicago, Karla moved over to Cna where she has stayed for 15 years. For the majority of that time, she has worked in the investments & Corporate Treasury Legal support Division of the Law Department. Karla is a proactive, problem-solving attorney who seeks to accomplish her clients’ goals in a manner that is legally sound for the Corporation.

Christina King Loundy is senior attorney at stepan Company, a global specialty chemical manufacturer. Chris is the head attorney for the Global supply Chain, working with locations across the united states, Canada, europe, Latin america and asia. Her work also includes support for environmental health and safety globally. Prior to joining stepan, Chris was Of Counsel at the law firm of DLa Piper, where she practiced environmental law with a focus on regulatory compliance and complex remediation projects. Chris holds a J.D. from the university of iowa, with Honors, and a b.a. from Carleton College in Political science, cum laude. Chris is married to David Loundy and has two sons. she is an avid gardener and cook and she particularly enjoys participating in a cooking group that provides meals to families in crisis. she also enjoys theater and live concerts.

Category: top assistant general Counsel

Category: top assistant general Counsel

Category: top assistant general Counsel

david Meehan bMO FinanCiaL GrOuP

Jack neel us FOODs, inC.

Joe Perkins CuMMins inC.

9399 W. Higgins ave rosemont, illinois 60618 jack.neel@usfoods.com

111 W. Monroe street, suite 21e Chicago, iL 60603 david.meehan@harrisbank.com aSSoCiate general CounSel & ViCe PreSident • Financial services Litigation

aSSiStant general CounSel • Litigation, Commercial Transportation, Commercial Litigation, bankruptcy, Creditor’s rights and regulatory

David Meehan joined bMO Financial Group in august 2009. in his role as associate General Counsel, David oversees litigation, dispute resolution, and legal services for bMO’s personal and commercial banking lines of business in the u.s. Prior to joining bMO, David spent 11 years in private practice, most recently at McGuireWoods LLP, a richmond, Virginia based national law firm with a strong consumer financial services practice. During his seven year tenure at McGuireWoods, David represented banks and lenders in a variety of litigation matters, concentrating on the defense of Truth in Lending act, Fair Credit reporting act, illinois Consumer Fraud and Deceptive business Practices act, and class action claims. David began his career at Chicago based firms, O’Connor, schiff & Myers and Henderson & Lyman, representing businesses in general commercial litigation. David graduated from DePaul university, College of Law in 1997, and indiana university Pyle school of Journalism in 1994.

Jack neel is assistant General Counsel for us Foods, inc., the second largest foodservice distributor and tenth largest private company in the united states. as one of three litigators for the company, Jack has responsibility for managing, overseeing and developing strategy for a diverse litigation portfolio that covers 35 states and consists of over 200 lawsuits and claims, including Tort/ Casualty, Product Liability, Commercial Transportation, Commercial Litigation, Contract Dispute, Worker’s Compensation, bankruptcy, Creditor’s rights and regulatory. Jack routinely provides legal guidance and counsel to regional Presidents, General Counsel, Treasurer, Corporate Credit, Operations and safety. He has developed and implemented programs/protocols designed to deliver best practices and cost savings initiatives, including a rapid response Program, a strategic Litigation Portfolio and early Case assesment Program. Jack holds a J.D. From indiana university school of Law with Honors and a b.a. in History and english from the university of illinois.

1800 One american square indianapolis, in 46282 joe.perkins@cummins.com Senior CounSel - engine BuSineSS • international Joint Venture Formation; Contracts; business Counseling to senior business Leaders on Domestic and international issues; supervise Company Legal Practice throughout Central america and south america; regulatory Compliance including emissions Joseph M. Perkins, Jr. (Joe) is senior Counsel for the engine business of Cummins inc. in this role he is responsible for supervising engine business legal matters around the globe. He spends a significant amount of time negotiating new joint ventures for Cummins outside of the united states. Previously, he was senior Counsel for Cummins Power Generation business with responsibility for managing legal matters around the globe. For several years, Joe has supervised Cummins legal teams in Central america and south america. Joe is a graduate of Princeton university and the university of Virginia school of Law.

Category: top assistant general Counsel

Category: top assistant general Counsel

Category: top assistant general Counsel

Jonathan Plotkin rexeL HOLDinGs usa COrP.

nicie Pratt sT. JOsePH HeaLTH sysTeM

lauren robinson aMeriCan bar assOCiaTiOn

14951 n. Dallas Pkwy Dallas, Tx 75254

4000 24th street Lubbock, Tx 79413 npratt@covhs.org

jonathan.plotkin@rexelholdingsusa.com ViCe PreSident, legal, Senior CounSel & aSSiStant CorPorate SeCretary • intellectual Property, Commericial Transactions, Litigation, Labor and employment Jonathan Plotkin is senior Counsel for rexel, inc., headquartered in Dallas, Texas. He supports the rexel business throughout the u.s. regarding commercial litigation, employment disputes, commercial transactions, and other matters. a member of the rexel Holdings usa Corp.’s legal team, Mr. Plotkin advises the iT Department regarding software licensing and technology services transactions for all of rexel’s u.s. businesses, including rexel, Gexpro, Gexpro services, Capitol Light, and Platt electric. rexel Holdings usa Corp. is a subsidiary of rexel s.a., a global leader in electrical supplies distribution headquartered in Paris, France. Prior to rexel, Mr. Plotkin was General Counsel for atrana solutions, a technology company acquired in 2005 by alliance Data, for which he served as Director and senior Counsel. He spent the early years of his career with the law firms brown McCarroll and Cozen O’Connor. He attended The university of Texas at austin and DePaul university College of Law.

321 n. Clark Chicago, iL 60654-7598 lauren.robinson@americanbar.org

ViCe PreSident & regional aSSiStant general CounSel • Corporate Health Law

aSSoCiate general CounSel • employment Law, Transactions, Contracts, Compliance and ethics

Juanici “nicie” Pratt currently serves as Vice President & regional assistant General Counsel for st. Joseph Health system. nicie resides in Lubbock, Tx and works as primary legal counsel to Covenant Health system. she offers legal advice on a broad range of health care and corporate matters including eMTaLa, HiPaa, business transactions, physician arrangements, Medicare regulations, non-profit and tax-exempt issues, medical staff matters, patient issues, etc. nicie also serves as an adjunct Professor at Texas Tech university school of Law where she currently co-teaches a Healthcare & bioethics Mediation clinic in partnership with the local Lubbock Dispute resolution Center. she holds a J.D. from Texas Tech university school of Law, and a b.a. in Psychology from southern Methodist university. nicie is also a full-time wife and mother who devotes much of her time to her church, husband and five children.

Lauren robinson is associate General Counsel of the american bar association where she counsels staff on employment law, transactions, contracts, and compliance and ethics. Prior to joining the aba, Lauren was Vice President of Programs at Chicago Community Ventures, a non-profit that provides financing and consulting primarily to small businesses owned by women or people of color or located in low-to-moderate income communities. Lauren was a Partner at schiff Hardin, LLP (Corporate and securities). she was a federal district court law clerk to the Hon. Clifford scott Green. Lauren is a graduate of new york university school of Law, new york university Graduate school of Public service and Vassar College (Thesis with Distinction). Lauren is on the board of Center for economic Progress and is a member of the Women’s Leadership and Mentoring alliance. in her spare time, Lauren plays tennis, collects art, reads great books and mentors young people.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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2012 Award Recipients Category: top assistant general Counsel

Category: top assistant general Counsel

Category: top assistant general Counsel

John Schloerb COLe TayLOr banK

renee Schreiber MesirOW FinanCiaL

len Smith VaLeanT

9550 W. Higgins road rosemont, illinois 60018 jschloerb@coletaylor.com

7720 n. Dobson road scottsdale, arizona 85256 lsmith@medicis.com

aSSiStant general CounSel • General Corporate, Commercial, Lending, Creditor rights and Workout, securities, Corporate Governance, Litigation

aSSoCiate general CounSel and aSSiStant SeCretary • Financial services, Corporate, and employment Matters

ViCe PreSident & intelleCtual ProPerty CounSel • Litigation, Licensing, Mergers & acquisitions, Patents, Contracts, Trademarks, Competition, regulatory

John schloerb has been assistant General Counsel of Cole Taylor bank since april 2011 where he is engaged in a general corporate practice concentrating on lending, commercial law, creditor rights, securities and litigation matters. Prior to joining the bank as an in-house counsel, he was a partner at Winston & strawn LLP in their corporate department until 2009. He joined Winston & strawn as a corporate associate in 1996 and worked in the firm’s Paris office in 1997. He also was a litigation associate at sidley & austin from 1992 to 1996. John received his JD from the university of Pennsylvania Law school in 1992 and is licensed to practice in illinois. John is married, has two children and lives in the City of Chicago in the Hyde Park neighborhood, where he was born and spent his childhood.

renee schreiber is associate General Counsel and assistant secretary of Mesirow Financial, a diversified financial services firm. in this role, Ms. schreiber is responsible for advising regulated and unregulated financial divisions on business and risk matters, investment fund formation and management, mergers and acquisitions and employment matters. Prior to joining Mesirow Financial, Ms. schreiber was a corporate associate at Kirkland and ellis and Perkins Coie. she holds a J.D. from northwestern university school of Law and a b.a. from Loyola university of Chicago, magna cum laude.

Len manages all intellectual property related matters for Valeant. His work includes conducting due diligence investigations, enforcing iP rights, and developing and employing iP strategies. Valeant is a diverse pharmaceutical company with prescription medicines for a wide range of ailments including skin conditions, weight loss, vitamin deficiency, infections, as well as the treatment of major depressive disorder, hypertension and angina, and cardiovascular and neurological diseases. Len holds a J.D. from Washington university. He also holds undergraduate and graduate level technical degrees in biology, environmental science, and information system management. Previously Len was Chief iP Counsel at Medicis and senior iP Counsel at novo nordisk. Len began his iP career as an associate in two law firms specializing in iP matters. Len also completed legal internships with the us District Court and in the us Patent and Trademark Office. Len’s academic laboratory research focused on non-Mendelian inheritance of repetitive Dna sequences.

Category: top assistant general Counsel

Category: top assistant general Counsel

Category: top assistant general Counsel

eryk Spytek MeaD JOHnsOn nuTriTiOn COMPany

Michael Strohmeier exeLOn COrPOraTiOn

audrey Waltenburg MiDas inTernaTiOnaL COrPOraTiOn

2701 Patriot boulevard Glenview, illinois 60026 eryk.spytek@mjn.com

10 south Dearborn Chicago, illinois 60603

michael.strohmeier@constellation.com

1300 arlington Heights road itasca, iL 60143 azwaltenburg@yahoo.com

ViCe PreSident, aSSoCiate general CounSel and aSSiStant SeCretary • Corporate Governance Matters, Public and Company reporting Obligations

aSSiStant general CounSel • M&a, Corporate Law, Corporate Finance, energy Law

aSSiStant general CounSel • Commercial Transactions, Corporate, Franchising, securities, Governance

eryk spytek currently serves as Vice President, associate General Counsel and assistant secretary for Mead Johnson nutrition Company, a global leader in pediatric nutrition. in his role, he supports Mead Johnson’s senior management team and board of directors, providing counsel on corporate governance matters, public company reporting obligations and business development opportunities, such as joint ventures and acquisitions. before joining Mead Johnson in 2009, he served for three years as the senior Vice President, General Counsel and secretary for sirva, inc., a global provider of moving and relocation services. Prior to that, he was a corporate partner in the Chicago office of Winston & strawn LLP, an international law firm. He holds a b.a. from Georgetown university, a J.D. from Loyola university Chicago school of Law and an LL.M. from The London school of economics and Political science. eryk is a former rower and marathon runner who now enjoys the greater challenge of having two sons under the age of four.

Michael strohmeier is assistant General Counsel at exelon Corporation. in this capacity, he assists in M&a, corporate and risk management for, and provides counsel to, exelon’s retail commercial, industrial, governmental and residential energy supply, solar and energy efficiency businesses. Previously, Michael was an associate in Jones Day’s business practice group, with an emphasis on M&a, corporate and energy law. He holds a J.D., magna cum laude, and an LL.M. from the university of illinois at urbana-Champaign College of Law as well as a German law degree from the university of bayreuth, Germany (First state examination) and the state of bavaria (second state examination). Prior to attending law school, he completed a 2-year clerkship at Dresdner bank aG, in Frankfurt, Germany. Michael serves on the young executive Committee of the German american Chamber of Commerce of the Midwest. He enjoys soccer, reading and most importantly spending time with his wife and two children.

audrey Waltenburg has served Midas international Corporation as assistant General Counsel since 2001. in this role, she provides strategic guidance and legal counsel on franchising, securities, human resources, corporate, commercial and operational matters. she spent the early years of her legal career as a corporate attorney with Holleb & Coff and sachnoff & Weaver Ltd. Prior to attending law school, she was an auditor in the commercial division at arthur andersen LLP. Ms. Waltenburg graduated with highest honors with a b.s. in accountancy from the university of illinois at urbana-Champaign and earned her J.D., cum laude, from northwestern university school of Law. she is also a C.P.a. audrey, her husband and two daughters live in the Chicago suburbs.

Category: top assistant general Counsel

Category: top Compliance Counsel

Category: top Corporate Counsel

James Watson sT. JOsePH HeaLTH

lisa tamburini rMb CaPiTaL ManaGeMenT

laura Cole sieMens HeaLTHCare

500 s. Main street Orange, California 92868 jim.watson@stjoe.org dePuty general CounSel

Jim Watson serves as Deputy General Counsel for st. Joseph Health. in his role, Mr. Watson is responsible for advising executive management and governing bodies on all legal issues related to sJHs including: patient care, business operations, physician alignment, clinical research, Canon law, regulatory compliance, finance and tax-exemption, governance, human resources, intellectual property, medical staff, real estate and complex transactions. Mr. Watson assists in the oversight of the Office of General Counsel which is staffed by five attorneys who manage an aggregate caseload of over 500 open matters.

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353 north Clark street Chicago, illinois 60654 rschreiber@mesirowfinancial.com

115 s. Lasalle st., 34th Floor Chicago, iL 60603 ltamburini@rmbcap.com legal CounSel and CoMPlianCe oFFiCer • Financial services, Hedge Funds, investment adviser and Commodity Trading adviser regulations Lisa Tamburini is the Legal Counsel and Compliance Officer at rMb Capital Management. she has nine years of experience in the financial services industry and provides legal advice and compliance services to rMb Capital’s hedge fund platform, asset management division and wealth management group. Prior to joining rMb Capital, she led the legal and compliance department of a managed account platform. Previously, she held the position of Vice President and Counsel at Credit agricole’s fund of hedge funds subsidiary, at a time when the firm managed $24 billion in assets. Her educational background includes a bachelor’s degree from Western illinois university, a certificate with honors in Paralegal studies from Loyola university, and a Juris Doctorial degree from the DePaul university College of Law. she is licensed to practice law in the state of illinois and a member of the Chicago bar association. Currently, she also teaches basic business Organizations and Contracts at the institute for Paralegal studies at Loyola university.

1717 Deerfield road Deerfield, illinois 60015 laura.j.cole@siemens.com Senior CounSel • Healthcare, Commercial Transactions

Laura Cole is senior Counsel at siemens Healthcare. in this capacity, she is the lead legal support for the u.s. commercial organization (sales, service and marketing) and for the global account department of siemens Healthcare Diagnostics (laboratory diagnostics). in addition, Laura is currently completing an assignment as interim lead lawyer supporting the siemens Molecular imaging business unit (PeT and sPeCT imaging). Previously, Laura was an associate in the Healthcare Group at sidley austin, where she counseled various types of healthcare clients on general business and regulatory compliance issues. Laura earned her J.D., cum laude, from Harvard Law school in 1998. Laura graduated from the university of Florida in 1995 with a b.a. with Honors in english and a b.s. with High Honors in Psychology.


2012 Award Recipients Category: top Corporate Counsel

Category: top Corporate Counsel

Category: top Corporate Counsel

tara Cowell sT. JOsePH HeaLTH sysTeM

neal Jagtap GrOuPOn, inC.

Pamela Klein-Kurland

600 W. Chicago ave., suite 620 Chicago, iL 60654 njagtap@groupon.com

500 south Main street, suite 400 Orange, Ca 92646 tara.cowell@stjoe.org

MOTOrOLa MObiLiTy uK LTD. redwood, Crockford Lane, Chineham business Park basingstoke, Hampshire rG 24 8WQ united Kingdom

apk030@motorola.com

VP & aSSoCiate general CounSel • Health; Corporate; Transactional; Clinical research; Tax exempt

CorPorate CounSel-allianCeS and BuSineSS deVeloPMent • Commercial Transactions, Marketing

Tara Cowell is an attorney with more than ten years of experience providing legal services, with a strong background in healthcare, transactional, clinical research and tax exempt legal matters, including a wide range of contracts, ensuring corporate compliance, consulting on business transactions, conducting organizational investigations and audits.

neal Jagtap is Corporate Counsel at Groupon where he provides legal support and analysis to business development, national merchant, product management, and information technology teams. in particular, neal assists business teams in forming relationships with other businesses so that Groupon can find new and innovative ways to distribute its products to consumers and merchants worldwide. Prior to Groupon, neal worked as Corporate Counsel at enova Financial, where he assisted marketing, information technology, and product development teams. Prior to enova Financial, neal was an associate in the law firm of Kirkland & ellis. before attending law school, neal served as an officer in the united states air Force. neal earned his J.D. from the university of Michigan Law school and a b.s.e. in Chemical engineering from Princeton university. in his free time neal enjoys playing tennis and is an avid college football fan.

lead CounSel eMea & international MarKetS • strategic leader with legal, regulatory, compliance, financial services, business and technology experience in complex global negotiations and transactions with multi-national companies. Practice areas: Commercial and litigation. PK Kurland is Lead Counsel, eMea and international Markets, for Motorola Mobility, currently on assignment in the uK. Prior to joining Motorola, PK was senior Vice President and General Counsel of Man Financial, a futures brokerage firm, served as Vice President and associate General Counsel of the Chicago board of Trade, and held positions in the financial services industry and in the enforcement division of the CFTC, a federal regulatory agency. PK earned her b.a. in liberal arts from Mundelein College in Chicago (u.s.) and her J.D. from DePaul university College of Law (u.s.). PK also serves as an arbitrator and a member of the Hearing Committee, national Futures association, and is a board member of The art Center in Highland Park, illinois. she is a watercolor artist and an avid reader.

Category: top Corporate Counsel

Category: top Corporate Counsel

Category: top Corporate Counsel

tracy Kocourek aCCenTure

Stephen lee bP aMeriCa inC.

eva lopez-Paredes CisCO sysTeMs inC.

161 north Clark street Chicago, iL 60601-3200 tracy.kocourek@gmail.com Senior legal CounSel/nortH aMeriCa legal lead - aCCenture SoFtWare • intellectual Property and Technology Law Tracy serves as the north america Legal Lead for accenture software providing guidance to the executive director and product leads on the dayto-day operations of the business and negotiates software licensing and related services agreements. she manages a team of attorneys who support the transactions between accenture software and its customers for several software product lines across various industries in north america. Prior to her current role, she served as a complex transaction attorney working with accenture’s senior executives and outside counsel in negotiating and managing large, global client contracts in the areas of management consulting, systems integration, outsourcing, and strategic alliances. Prior to joining accenture in 2007, Tracy served for thirteen years as a transactional attorney to global financial institutions JP Morgan Chase and Lasalle bank (now bank of america) where her areas of expertise primarily included commercial lending, securitizations, mortgage servicing and regulatory compliance.

6 Centerpoint Drive La Palma, California 90623 stephen.lee@bp.com

One Penn Plaza, 9th Floor new york, new york 10119 elopezpa@cisco.com

Managing CounSel • Commercial Transactions, Franchise, real estate and General Corporate

Senior CorPorate CounSel • Complex Commercial Transactions

stephen is a Managing Counsel at bP america inc. in that role, stephen leads a group of attorneys who support various downstream refining and marketing businesses on the West Coast. He counsels management and business clients on a wide range of areas including commercial strategies, litigation, pricing, advertising, dealer and franchisee issues, anti-trust, real estate, lending, commercial transactions, environmental and other matters. Prior to joining bP, stephen was an assistant Vice President and Compliance Officer at Key bank na. stephen also currently serves on the board of the asian Pacific american Legal Center which is the nation’s largest legal and civil rights organization for asian americans, native Hawaiians and Pacific islanders. stephen received his law degree from Case Western reserve university in 1996 and a bachelor of science degree from Pennsylvania state university in 1993.

eva Lopez-Paredes is a senior Counsel at Cisco systems inc. Ms. LopezParedes is responsible for negotiating on behalf of Cisco and providing legal support to Cisco’s teams in charge of serving some of Cisco’s largest customers. Ms. Lopez-Paredes’s work usually involves complex, multi-million dollar transactions, with emphasis on technology licensing, telecommunications, cloud and remote services and network support. Prior to joining Cisco, Ms. Lopez-Paredes had her own practice.

Category: top Corporate Counsel

Category: top Corporate Counsel

Category: top Corporate Counsel

Sophia ruffolo bMO FinanCiaL GrOuP

Carol Sulkes DisCOVer FinanCiaL serViCes

lucas tompach xCHanGinG serViCes, inC.

111 W. Monroe street, 21e Chicago, iL 60603 sophia.ruffolo@harrisbank.com

VP & Senior CounSel • Primary matters: Trusts & estates, Corporate Fiduciary, banking regulatory - Trust, Corporate, secondary Matters: securities sophia ruffolo is Vice President and senior Counsel at bMO Financial Group. in that role, sophia addresses a wide variety of legal issues that arise in the context of fiduciary administration, investments and litigation as well as family office services. in addition, sophia provides the legal support for corporate transactional matters, trust charter formations and entity mergers. sophia joined bMO Financial Group in 2009. before joining bMO Financial Group, sophia was in private practice at sidley austin LLP where she specialized in estate planning and corporate transactions. sophia earned her juris doctorate from Loyola university Chicago school of Law, cum laude, in 1999. sophia is a member of the Metro board of Metropolitan Family services, liaison to the Legal aid society, chair of the Friends of the Family committee that hosts field trips for the children of MFs’s Midway Center and on the host committee of the agency’s annual gala.

2500 Lake Cook road riverwoods, iL 60015 carolsulkes@discover.com

200 W. adams, suite 1175 Chicago, illinois 60606 luke.tompach@xchanging.com

VP & aSSiStan general CounSel • Commercial Transactions, Technology.

direCtor, legal SerViCeS, uSa • General Corporate, sourcing and Other Transactions, Mergers acquisitions, intellectual Property, Compliance and real estate

Carol F. sulkes is a Vice President and assistant General Counsel of Discover Financial services. Ms. sulkes’ responsibilities include managing the strategic business Transactions and infrastructure unit of the Law Department, which provides legal advice with respect to strategic transactions, business technology, facilities, and other related matters. Prior to joining Discover in 2005, Ms. sulkes held senior positions in the Law Departments of 3Com Corporation, us robotics, inc. and Centel Corporation. Ms. sulkes earned her bachelor’s degree from the university of Michigan (Phi beta Kappa) and her J.D. from the university of Michigan Law school. she is a member of the Chicago bar association and the association of Corporate Counsel.

Lucas a. Tompach is the Director of Legal services - usa at xchanging services, inc. in this capacity, he performs all compliance, contracting, intellectual property, ethics and risk management for xchanging’s us-based procurement sourcing business and all other xchanging us business interests. Previously, he was senior Corporate Counsel at Jones Lang Lasalle where, among other things, he performed all aspects of acquisitions/divestitures for the company. He also served as senior Counsel at sears Holdings Corporation where, among other things, he worked on merchandise supply agreements for the Home appliance business. He also helped develop the in-house legal function as a Corporate attorney for Claire’s stores. He holds a J.D. from Whittier Law school in Costa Mesa, Ca and a b.a. in economics from the university of rochester in rochester, ny.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

33


2012 Award Recipients Category: top Corporate Counsel

Category: top employment Counsel

Category: top employment Counsel

Sarah a. Weersing aCCenTure LLP

Stephanie Hart KaPLan inC.

Keith James MasCO COrPOraTiOn

161 n. Clark st. Chicago, iL 60601 sarah.a.weersing@accenture.com

21001 Van born Taylor, Mi 48180 keith_james@mascohq.com

Managing direCtor oF legal SerViCeS, MergerS & aCquiSitionS • Mergers & acquisitions; Joint Ventures; Complex Corporate Transactions

ViCe PreSident & aSSoCiate general CounSel - laBor & eMPloyMent • Labor & employment; international Law

CorPorate eMPloyeMent CounSel • Labor & employment

sarah Weersing is the Managing Director of Legal services, Mergers & acquisitions for accenture LLP. she and her team are responsible for legal support of accenture’s acquisition and joint venture transactions globally. Prior to joining accenture in 2007, she was in private practice at DLa Piper LLP, where she focused on M&a as well as general corporate and commercial transactional matters as a member of the Corporate practice group. she holds a J.D. from boston College Law school, an M.b.a. from the Carroll Graduate school of Management (boston College) and a b.s. from northwestern university.

sTePHanie J. HarT is the Vice President & associate General Counsel in Labor & employment at Kaplan, inc., a global education company serving over 1 million students with over 500 locations in more than 30 countries. she is responsible for all labor & employment matters for over 31,000 employees worldwide. Prior to joining Kaplan, Ms. Hart was in-house labor & employment counsel at a Fortune 500 company and associated with two prominent labor & employment boutique firms in Los angeles. Ms. Hart earned her J.D. from Pepperdine university Law school and a b.a.from the university of California, Los angeles. she is admitted to the California and new Jersey state bars.

as Corporate employment Counsel, Keith James specializes in complex employment litigation, including wage & hour, class action, discrimination and traditional labor law. a valued business partner, Mr. James uses the collaborative process to drive innovative and cost-effective results. He has reduced settlement and outside counsel costs, while delivering strategic solutions. no stranger to the courtroom, he has tried cases before federal and state courts and labor boards. He counts among his many successes a “no cause of action” jury verdict against the eeOC. Prior to joining Masco, Mr. James was a shareholder at butzel Long, a preeminent Detroit law firm. He began his career at Clark Hill, another leading Detroit law firm and established himself as a capable trial lawyer at Dawda, Mann, Mulcahy & sadler. a graduate of the university of Wisconsin Law school and albion College, Mr. James has received numerous leadership awards for his community service.

Category: top employment Counsel

Category: top general Counsel

Category: top general Counsel

Mary Smigielski sears HOLDinGs

Jeffrey ayers Career eDuCaTiOn COrPOraTiOn

Valeria Bailey ranD MCnaLLy

3333 beverly road Hoffman estates, illinois 60179 mary.smigielski@searshc.com

231 Martingale road schaumburg, illinois 60173 jayers@careered.com

9855 Woods Drive skokie, iL 60201 vbailey@randmcnally.com

aSSiStant general CounSel, eMPloyMent & laBor • employment and Labor , Litigation

Senior ViCe PreSident, general CounSel & CorPorate SeCretary • Corporate

general CounSel • Legal, risk Management, Compliance and Human resource Functions

Mary a. smigielski is assistant General Counsel, employment and Labor, for sears Holdings. sears Holdings is the nation’s fourth largest broadline retailer with approximately 3,900 retail stores in the united states and Canada. The sears Holdings family of companies includes Kmart Corporation, sears, roebuck and Co., Land’s end, sears Outlet, sears Home services, as well as other business units. it employs over 240,000 employees nationally and off shore. Prior to joining sears Holdings, Ms. smigielski was Of Counsel in the Labor and employment Law Practice Group of Morgan, Lewis and bockius and a Partner and Deputy Chair of the Labor and employment Practice Group of a Chicago boutique employment firm. Ms. smigielski received her J.D. from the university of san Diego school of Law. she is admitted to practice in illinois, California and before the u.s. supreme Court, the u.s. Courts of appeal for the 7th and 9th Circuits, and various u.s. District Courts.

Jeffrey D. ayers joined Career education in December 2007 as senior Vice President, General Counsel & Corporate secretary. Mr. ayers is an experienced chief legal officer who has practiced law for more than 20 years in law firms and corporations. Prior to his current role at Career education, he was the senior Vice President, General Counsel and Corporate secretary for novastar Financial, a nyse listed company. Prior to joining novastar, Mr. ayers was Vice President and associate General Counsel at Ge insurance solutions, where he was responsible for various legal functions at the unit of General electric. Mr. ayers received his J.D. with high distinction and M.b.a. from the university of iowa.

Valeria bailey is General Counsel at skokie-based rand Mcnally. as a member of the executive team, Valeria works with the company’s various business lines including high-tech navigational and telematics devices and travel related services. a recent highlight has been rand Mcnally’s ‘best of the road’ show aired on the Travel Channel. Valeria provides legal and strategic guidance in the areas of intellectual property, corporate law and risk management. Previously, Valeria negotiated complex technology consulting projects at accenture and served as associate Vice President and corporate counsel at Lasalle bank and bank of america. Valeria began her legal career at DLa Piper and seyfarth shaw. Valeria graduated from southern Methodist university in Dallas, Texas, with degrees in psychology, spanish and political science, and holds a J.D. from Tulane university, cum laude, with international practice focus. Valeria was honored with national Diversity Council’s 2012 ‘Most Powerful and influential Women of illinois’ award.

Category: top general Counsel

Category: top general Counsel

Category: top general Counsel

Janice Block KaPLan inC.

John Blumers biOMeT sPine & bOne HeaLinG TeCHnOLOGies

Joseph Bonaccorsi aKOrn, inC.

225 West Wacker Drive Chicago, illinois 60607 jblock@kaplan.edu

34

225 W. Wacker Dr. Chicago, iL 60606 shart@kaplan.edu

100 interpace Parkway Parsippany, new Jersey 07054 john.blumers@biomet.com

1925 West Field Court, suite 300 Lake Forest, iL 60045 joe.bonaccorsi@akorn.com

exeCutiVe VP & general CounSel • General Counsel

ViCe PreSident & diViSion general CounSel • General Corporate

Senior VP, general CounSel & SeCretary • Corporate, Mergers and acquisitions

Janice block oversees the legal, regulatory and compliance functions for Kaplan, inc. globally. she joined Kaplan in 2006 as the general counsel and chief compliance officer of its higher education division, and was promoted to these roles for Kaplan, inc. in 2011. in addition to leading a team of lawyers covering transactional work, contracts, employment and intellectual property matters, along with litigation, she has focused on developing a robust regulatory and compliance framework throughout the organization. Janice’s legal experience includes nearly 25 years of litigation, transactional, intellectual property, corporate governance, regulatory, policy, and compliance experience. she earned her bachelor’s degree from Princeton university, a master’s degree in journalism from northwestern university, and a law degree from Columbia university.

John blumers is Vice President & Division General Counsel for medical device manufacturer biomet spine & bone Healing Technologies. He oversees the legal affairs of that business including commercial transactions, risk management, litigation, and governmental affairs. He also provides general legal counsel in a broad range of topics. Previously, John was an associate at Drinker biddle & reath where he specialized in labor and employment law and commercial litigation. John holds a J.D., cum laude, from boston university school of Law where he served as a note editor on the Law review. He holds a b.a. in english from Hamilton College. He lives in Mendham, new Jersey with his wife and two sons. Most weekends you will find John skiing, sailing or gardening.

Joe bonaccorsi, akorn inc. - senior Vice President, General Counsel and secretary. Mr. bonaccorsi joined akorn, inc., a niche generic pharmaceutical company engaged in the development, manufacture and marketing of multi-source and branded pharmaceutical products in the united states and across the globe, in May 2009 from Walgreen Co., where he served as senior Vice President Mergers & acquisition and Counsel for the Walgreens-Option Care Home Care division. Mr. bonaccorsi joined Option Care, inc. in 2002, where he served as senior Vice President, General Counsel, secretary and Corporate Compliance Officer through 2007, when Walgreen Co. acquired Option Care, inc. Prior to joining Option Care, inc., Mr. bonaccorsi practiced law in Chicago, where he focused his practice in the area of civil litigation from 1989 through 2001. He was a capital partner at the law firm sanchez & Daniels and an associate attorney at the law firm Fraterrigo, best & beranek. He received his b.s. degree from northwestern university and his J.D. from Loyola university Chicago school of Law.


2012 Award Recipients Category: top general Counsel

Category: top general Counsel

Category: top general Counsel

tammy Brandt serViCeMesH, inC.

Matt Cimino WeLsH PrOPerTy TrusT, LLC

Shannon dwyer sT. JOsePH HeaLTH

233 Wilshire blvd., suite 990 santa Monica, Ca 90401 tammy.brandt@servicemesh.com

4350 baker road Minnetonka, Mn 55343-8695 mcimino@welshco.com

500 s. Main street, suite 400 Orange, Ca 92868 shannon.dwyer@stjoe.org

general CounSel & CorPorate SeCretary • Corporate, Mergers and acquisitions, employment, intellectual Property, Litigation Management

general CounSel and SeCretary • Corporate and real estate

Senior ViCe PreSident & general CounSel • Healthcare

Tammy brandt serves as General Counsel and Corporate secretary of serviceMesh, inc. she has extensive experience in sophisticated corporate legal matters, including a background in mergers and acquisitions, private equity, and marketing. Ms. brandt also currently serves on the board of Directors of the southern California Chapter of the association of Corporate Counsel (aCC-soCal). she was previously Managing Counsel at Toyota Motor sales, u.s.a. where she was involved in marketing-related transactions, complex corporate matters, and support for the racing division. Prior to that, Ms. brandt worked as a corporate attorney at Jones Day and sheppard Mullin richter & Hampton LLP where she handled public and private acquisition transactions and related corporate and finance matters. she has extensive experience advising high growth technology companies on a broad range of legal issues.

Matt Cimino is General Counsel and secretary for Welsh Property Trust, LLC. as General Counsel, Matt oversees all legal operations for Welsh and its subsidiaries, including corporate governance/compliance and the structuring and negotiation of all joint ventures, private placements, acquisitions, dispositions, financing and leasing. He also manages Welsh’s in-house legal department and serves as the company’s corporate secretary. Prior to joining Welsh, he practiced at law firms in Kansas City and Minneapolis, focusing in the areas of real estate, finance and corporate law. Matt is an avid cyclist and dedicates much of his spare time to training for bike races. He also sits on the board of Directors for The soap Factory, a nationally-recognized gallery and artist cooperative located in Minneapolis. He received a b.s. from Montana state university and is a graduate of Creighton university school of Law, where he was a member of the Creighton Law review.

shannon serves as senior Vice President & General Counsel for st. Joseph Health (sJH), an integrated healthcare delivery organization. shannon brings over 20 years in Catholic health care experience to her role as General Counsel for st. Joseph Health. as General Counsel she provides leadership to the Legal Department, as well as counsel to st. Joseph Health, its affiliates, the board of Trustees and executive management on a broad range of matters, including transactions, corporate governance, complex contracts, medical staff peer review, licensing & accreditation and state and federal regulatory compliance. shannon graduated from California Western school of Law in san Diego. she also holds a Masters Degree in Health Care administration from southeastern university in Fort Lauderdale, FL, and a bachelor of arts degree in Political science from syracuse university, syracuse, ny.

Category: top general Counsel

Category: top general Counsel

Category: top general Counsel

Margee elias GOGO inC.

douglas graham OiL-Dri COrPOraTiOn OF aMeriCa

taylor Hammong LinCOLn reneWabLe enerGy, LLC

1250 n. arlington Heights road itasca, iL 60143 melias@gogoair.com

410 n. Michigan ave., suite 400 Chicago, iL 60611 douglas.graham@oildri.com

401 n. Michigan avenue, suite 501 Chicago, iL 60611 thammond@lrenergy.com

SVP and general CounSel • Corporate, securities, Mergers and acquisitions, Contract, Litigation Management, Compliance

ViCe PreSident, general CounSel & CorPorate SeCretary • General Corporate, Compliance, Litigation Management; securities, real estate, regulatory, safety & Health, and environmental

general CounSel • real estate, Finance, Corporate, Dispute resolution

Margee elias is the senior Vice President and General Counsel of Gogo inc., which provides in-flight internet connectivity, entertainment and other services to passengers on commercial airlines and sells telecommunications equipment and services to the business aviation market. before joining Gogo in september 2007 she served as sVP and General Counsel of eCollege.com, a publicly-traded provider of online education solutions. Ms. elias was in private practice for more than 15 years at skadden, arps, slate, Meagher & Flom and Katten Muchin rosenman, where she specialized in federal securities law, corporate finance, and mergers and acquisitions for clients across a broad spectrum of industries. Ms. elias is an elected member of the american Law institute.

Doug Graham is Vice President, General Counsel and Corporate secretary of Oil-Dri Corporation of america, a publicly traded manufacturer of sorbent mineral products ranging from cat litter to oil purification filters. Prior to that role, he worked in-house at exelon Corporation’s Commonweath edison Company subsidiary, Tribune Company, and united air Lines. Doug started his legal career at Jenner & block in Chicago. Doug attended university of Michigan Law school, where he was editor in Chief of the Journal of Law reform. He also has an undergraduate degree in economics and History Honors from the university of Michigan. Doug, a resident of Deerfield, is a past board Chair and current executive Committee member for the respiratory Health association of Metropolitan Chicago, and is on the board of the sorptive Minerals institute in Washington DC.

Taylor Hammond is General Counsel of Lincoln renewable energy, LLC, a developer of solar and wind power projects from greenfield concept through commercial operation. Taylor is actively involved in all aspects of the company’s business, including project development, finance, construction and operation, joint ventures and acquisitions, power marketing, and corporate finance. Prior to joining Lincoln renewable energy in 2009, Taylor was a real estate and land use attorney at DLa Piper LLP, where his practice focused on economic development, incentives, and renewable energy projects. Prior to law school, Taylor worked in a variety of medical sales roles with Johnson & Johnson, and was a Captain in the u.s. army. Taylor holds a J.D. from Vanderbilt university Law school and a b.a. in english from Duke university.

Category: top general Counsel

Category: top general Counsel

Category: top general Counsel

nick Helmer FrieDMan PrOPerTies, LTD.

Catherine landman THe PaMPereD CHeF

Fred langtry banner aParTMenTs, LLC

One Pampered Chef Lane addison, iL 60101 cathy_landman@pamperedchef.com

350 n. Clark street Chicago, illinois 60654 nhelmer@friedmanproperties.com general CounSel • Finance, Corporate Law, Commercial real estate, risk Management, Debt restructuring and Project Development

as General Counsel for Friedman Properties, Mr. Helmer is integrally involved in all aspects of the company’s day-to-day business and legal operations from financing and development to leasing, human resources and government relations. a graduate of indiana university and The John Marshall Law school, Helmer has specialized in corporate and commercial real estate law for more than 16 years including many years at the predecessor firm of DLa Piper as well as affiliated companies of inland real estate Corporation. When not guiding the company through troubled waters Mr. Helmer is an avid gardener, a gourmet cook and practices yoga every morning at sunrise.

CHieF legal oFFiCer • accountable for Company’s worldwide legal matters, including overall legal strategy and execution, budget, governance, compliance, and global network of outside counsel. Cathy Landman is the Chief Legal Officer at The Pampered Chef, a member of the berkshire Hathaway family of businesses. Joining The Pampered Chef in 2000, Cathy was the Company’s first in-house lawyer. she built the legal department from the ground up. she is responsible for all worldwide legal matters. Her focus is on providing legal solutions and strategic advice to achieve business objectives, minimize risk and protect the Company’s brand and reputation. before joining The Pampered Chef, Cathy was Director of Global Legal resources at Mary Kay inc., where she had responsibilities for managing legal issues in the us as well as Western europe and north and south america. Cathy also worked as in-house counsel for national Car rental and at the Minneapolis law firm of Dorsey & Whitney. Cathy earned a JD from the university of Wisconsin and a bs from Georgetown university. she is licensed to practice law in illinois, Minnesota, Texas and Wisconsin.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

500 skokie boulevard, #600 northbrook, illinois 60062 fred.langtry@bannerapartments.com general CounSel • real estate, securities, and Corporate Fred Langtry is the General Counsel of banner apartments, LLC, a multifamily real estate investment and development enterprise. Prior to joining banner in 2002, he was a senior attorney for equity Office Properties Trust, then the nation’s largest office reiT. at equity Office, he handled real estate acquisitions and dispositions, corporate investments, strategic alliances, and reiT tax matters. before that, he was an attorney with rosenberg & Liebentritt, P.C., a captive law firm for sam Zell and his related companies. at rosenberg, he specialized in handling real estate and securities transactions. He received his law degree from DePaul university in 1993 and a bachelor of arts degree from the university of Michigan in 1989.

35


2012 Award Recipients Category: top general Counsel

Category: top general Counsel

Category: top general Counsel

Susan lichtenstein HiLL-rOM

Paul liebenson arCeLOrMiTTaL usa LLC

andrea okun MeriT ManaGeMenT GrOuP LP

180 n. stetson Chicago, illinois 60601 laurel.lesch@hill-rom.com

760 Village Center Drive burr ridge, illinois 60527 aokun@meritgaming.com

Senior VP CorPorate aFFairS & CHieF legal oFFiCer • Health Care, Crisis Management, Corporate Governance

regional general CounSel - uSa & Canada • Law Department Management, Corporate, international, Compliance

general CounSel • Complex Commercial agreements and Disputes, Protection of intellectual Property, regulatory and Compliance, Casino and Gaming Management

susan r. Lichtenstein is senior Vice President, Corporate affairs and Chief Legal Officer of Hill-rom Holdings, inc., the world’s foremost provider of patient support surfaces and other medical technical equipment. Ms. Lichtenstein is globally responsible for all quality assurance and regulatory affairs for the company (including operational responsibility for quality in six plants around the world), government affairs, legal affairs, corporate communications and corporate support services. Ms. Lichtenstein’s career has spanned corporate, government, and private law practice. before joining Hill-rom, she was Corporate Vice President and General Counsel of baxter international. Previously, Ms. Lichtenstein was senior Vice President and General Counsel for both ameritech Corporation and Tellabs, inc. she also served in high-level legal positions for both the state of illinois and the City of Chicago, after having spent a decade in private practice. Ms. Lichtenstein serves on numerous civic and philanthropic boards, and is a frequent speaker on crisis management, women in business, and corporate governance.

Paul Liebenson is regional General Counsel, usa & Canada, of arcelorMittal, the world’s largest steel company. before joining arcelorMittal in august, 2009, Paul was an assistant general counsel at Tellabs, inc.; a vice president in the Law Department at Motorola; vice president, general counsel and secretary for Motorola nortel Communications, a joint venture between Motorola and nortel; a partner of Winston & strawn; and executive Director of the inter-american Legal services association in Washington, D.C., a nonprofit corporation that promoted legal services for low-income groups in Latin america and the Caribbean. Paul received a b.a. from Tufts university, an M.a. from the John Hopkins school of advanced international studies and a J.D. from Georgetown university Law Center.

andrea Caplan Okun is General Counsel at Merit Management Group, a premier casino development and gaming management company. in that capacity, she is responsible for all legal matters of the company and its related entities including drafting, negotiating, and managing contracts, internal investigations, overseeing and insuring compliance with regulatory issues, corporate governance, securities, actively handling and managing litigation and related discovery and ediscovery issues, and oversight of outside counsel. Previously, andrea was a partner in litigation at seyfarth shaw where she obtained significant first chair experience in complex commericial litigation and co-chaired the firm’s Franchise, Dealer, and Distributor Disputes Group as well as its Chicago Women’s network. she holds a J.D. and b.a., with high distinction, both from the university of Michigan, and was named a 2012 illinois super Lawyer in Litigation.

Category: top general Counsel

Category: top general Counsel

Category: top general Counsel

Kimberlee Seah biOsCriP, inC.

Victoria Silbey sunGarD

Fred Stein reDbOx

100 Clearbrook road elmsford, new york 10523 kimberlee.seah@bioscrip.com Senior VP & general CounSel • Fraud and abuse, stark Law, HiPaa, Gina, irb/Common rule, Clinical Trials, intellectual Property/Data rights, Chapter 11 bankruptcy, Corporate Governance, M&a, Litigation Management. 9/2011- Present - Chief legal officer overseeing legal affairs for bioscrip, inc.: growth strategies, corp. govern., securities, contracting, labor, regu. and liti. matters. 2010-2011 - assoc Counsel Medco Health solutions, inc.Legal support for PbM, Medco Health solutions’ pharmacogenetic research studies and programs. 2007-2009 VP, Legal accredo Health Group, inc. and Critical Care systems, inc. Managed integration of CCs’s legal/compliance. advised regarding wide range of health care regulatory issues: fraud and abuse, stark, Medicaid, privacy issues. 2006-2007 GC, VP, Legal CCs, inc. Developed in-house legal depart. for specialty pharm. home infusion provider. Led CCs through legal aspects of a prepackaged Chapter 11 bank. reorg, followed by sale of its wound care and pharm. business units. 2001-2005 associate ropes & Gray, LLPadvised academic medical centers, hospital systems, universities, re: fraud and abuse, stark, HiPaa, Gina, M&a, corp. govern., joint venture, physician contracting, Medicare Part D, etc. 2000-2001 Judicial Clerkship Judge Thomas L. ambro, u.s. Court of appeals, Third Circuit.

1 Tower Lane, ste. 900 Oakbrook Terrace, iL 60181 fstein@redbox.com

680 east swedesford road Wayne, Pa 19087 victoria.silbey@sungard.com Senior VP - legal & CHieF legal oFFiCer

Senior VP, general CounSel & SeCretary • General Commercial Practice, Corporate, Distribution, iP and Litigation

Victoria silbey is sVP-Legal and Chief Legal Officer for sunGard Data systems inc., a Fortune 500 technology company. as Chief Legal Officer, Victoria oversees all of the legal affairs of the company. Her principal areas of focus are corporate governance, customer and vendor transactions, strategic alliances, mergers and acquisitions, intellectual property and rights management, international legal issues, compliance and ethics, and providing strategic advice to the management team and the board of directors. Ms. silbey joined sunGard in 1997 and held a number of positions before becoming general counsel in 2005. Prior to joining sunGard, she was an associate with Morgan Lewis & bockius LLP based in Philadelphia in the litigation group. From 1990 to 1991, Ms. silbey clerked for the Honorable John G. Davies of the u.s. District Court for the Central District of California. she received her b.a. and J.D. from Cornell university and an M. Phil. from Oxford university. Ms. silbey is also on the board of The Crime Victims’ Center of Chester County and a member of the President’s Council of Cornell Women.

Fred stein is a member of the executive management team at redbox, which has rented over 2 billion discs through its network of more than 42,000 selfservice kiosks. He and his small legal team help hone the company’s strategy and oversee the company’s legal and governmental affairs, including studio and game publisher deals, contracts with leading retail and CPG partners, iP and antitrust issues, and litigation. before joining redbox in 2007, Fred served as general counsel and risk manager of Pendum, the nation’s largest independent aTM sales, maintenance, and armored service organization. He received his bs in government from st. John’s university, and earned his JD from Chicago-Kent College of Law in 1991, where he served as editor in chief of the law review. Fred’s favorite “lawyer movie” is a Man for all seasons. Tied for second place are The Verdict, a Few Good Men, and Defending your Life.

Category: top general Counsel

Category: top Healthcare Counsel

Category: top Intellectual Property Counsel

tim Sullivan PePPer COnsTruCTiOn COMPany

tina allen bLue CrOss bLue sHieLD OF MiCHiGan

Steve Borsand Trading Technologies

643 north Orleans Chicago, il 60654-3608 tsullivan@pepperconstruction.com

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1 s. Dearborn st., 19th Fl. Chicago, illinois 60603-2307 paul.liebenson@arcelormittal.com

222 s. riverside Plaza #1100 chicago, il 60606 steve.borsand@tradingtechnologies.com

600 Lafayette east Detroit, Mi 48226 Tallen2@bcbsm.com

ViCe PreSident and general CounSel • Construction Law, Labor relations, General Corporate, employment, risk Management

attorney • Government Programs, including Medicare advantage and Part D, Medicaid, and s-CHiP.

eVP IntelleCtual ProPerty • intellectual Property

Timothy F. sullivan is Vice President and General Counsel of Pepper Construction Company in Chicago, illinois. He has more than 25 years of experience working in the construction arena, including work in project design, construction management, and post -construction dispute resolution. Mr. sullivan earned a b.s.C.e. from West Point, and his law degree from northwestern university. a u.s. army Corps of engineers veteran and registered Professional engineer (civil), Mr. sullivan began his law practice with schiff, Hardin’s construction law practice group.

Tina allen is an attorney with the Government Programs Practice Group at blue Cross blue shield of Michigan. in this capacity, she provides legal interpretation and guidance regarding state and federal legislation, statutes, and regulations governing bCbsM’s Medicare advantage, Part D, Medicaid, and s-CHiP programs.Previously, she was an associate at Hall render Killian Heath & Lyman, PLLC, and was a member of the general health and reimbursement practice groups. Following law school, allen was a Law Clerk to the Honorable Maura D. Corrigan of the Michigan supreme Court. she holds a J.D. from the university of Detroit Mercy school of Law with Honors, where she served as editor-in-Chief of the Law review, and a b.a. in Psychology from the university of Michigan-Dearborn, cum laude. Tina enjoys spending her spare time with her two-year-old son, brayden; additionally, she enjoys golfing and motorcycling.

as eVP intellectual Property for Trading Technologies, steve is responsible for managing TT’s intellectual property assets (iP) and litigation. Prior to joining TT, steve served as director of iP at 3com corporation (previously U.s. robotics). at 3com, he was responsible for managing all patent litigation and licensing, and he helped manage the company’s patent program. during steve’s tenure there, the company’s patent portfolio grew from less than 50 to more than 500 patents. steve graduated from the University of Michigan with a B.s. in computer engineering. he received his J.d. from harvard law.


2012 Award Recipients Category: top intellectual Property Counsel

Category: top intellectual Property Counsel

Category: top litigation Counsel

Michiyuki nishimura DensO COrPOraTiOn

Bruce Schelkopf inGersOLL ranD

Cynthia abbott MOTOrOLa MObiLiTy, inC.

11819 Pennsylvania street Carmel, in 46032 bruce.schelkopf@irco.com

1-1 showa-cho Kariya, aichi, Japan MiCHiyuKi_nisiMura@denso.co.jp ProJeCt general Manager • intellectual Property (Patent) Litigation/License right after graduating from saga university in Japan as electrical engineer, i joined DensO COrPOraTiOn, a world-wide automotive components and systems supplier in 1982 and have been working for DensO about 30 years. at DensO, i have been practicing patent related matters including patent applications, patent licenses, software liceces, technology licenses and patent litigations in the u.s. and Japan. i’ve been closely working with Paul steadman, bill streff and Matthew satchwell of Kirkland & ellis LLP in recent cases.

ViCe PreSident, dePuty general CounSel & CHieF intelleCtual ProPerty CounSel • iP, Litigation, General Corporate and interantional Law, M&a, administration and Policy bruce is responsible for leading and managing the global intellectual property operation and achieving global growth through innovation via an integrated intellectual property strategy at ingersoll rand (previously with ibM, Cummins, etc.). bruce has previously managed complex technology and business operations in various engineering, business development and executive roles, domestically and internationally. in 2011, he was awarded the iLasa Gold award - best Global iP Director at the international General Counsel awards and was also finally selected for the iLO/aCC Global Counsel awards. bruce is also an adjunct Professor in Law and engineering, and is a graduate of stanford’s sr. exec. business Program, rutgers’ JD Program, Ge’s Crotonville Programs, and is a three-time graduate of Penn state engineering Programs (bsc, bsc, Ms). bruce is an inventor with patents pending and issued. He and his wife and daughter reside in indiana. Contact bruce directly at bruce.schelkopf@irco.com or (317) 810-3287.

600 n. us HWy 45 Libertyville, iL 60048 cynthia.abbott@motorola.com Senior litigation CounSel • Litigation

Cynthia Photos abbott is responsible for managing all commercial litigation at Motorola Mobility, inc. in addition, she provides advice to risk management on a wide array of insurance issues, including D&O insurance. she held a similar litigation management role at Motorola, inc., prior to the divestiture of Motorola Mobility from Motorola, inc. in 2011. before joining Motorola, she was a partner at the law firm of Katten Muchin & rosenman where she litigated complex commercial cases. she graduated from northwestern university, school of Law, where she was an editor on the Journal of international Law and business, and obtained a bachelor of science in Foreign service from Georgetown university. While at Katten and Motorola, Ms. abbott was active in various organizations created to further the success of women in the business and legal world. she has also served on not for profit boards in Chicago and the suburbs.

Category: top litigation Counsel

Category: top litigation Counsel

Category: top litigation Counsel

Shannon Clark Cbre, inC.

robert Johnson MCDOnaLD’s COrPOraTiOn

Susan Joseph WesTCOn GrOuP, inC.

700 Commerce Drive Oak brook, iL 60618 shannon.clark@cbre.com

2915 Jorie boulevard Oak brook, iL 60523 robert.johnson@us.mcd.com

Senior CounSel - Central & eaStern diViSionS • Litigation, Commercial Transactions, employment

Managing CounSel - WorKForCe ManageMent PraCtiCe grouP • Workers’ Compensation, sTD/LTD programs and FMLa and aDaa claims

shannon Clark is senior Counsel - Central and eastern Divisions of Cbre, inc. Her practice consists of litigation and risk management, dispute resolution, commercial transactions, and employment law. Prior to joining Cbre, she was a commercial litigation associate at Gould & ratner. shannon holds a J.D., Cum Laude, from indiana university Maurer school of Law, and a b.a., with honors, in Political science and east asian studies.

robert Johnson is Managing Counsel for McDonald’s Corporation where he is responsible for the oversight and management of the Company’s integrated Disability Management Program, which involves the coordination of the organization’s Workers’ Compensation, sTD/LTD programs and FMLa and aDaa claims. Prior to assuming his current role, robert held the position of senior Counsel with the McDonald’s Customer action Team. before joining McDonald’s Corporation, Mr. Johnson worked as a civil trial attorney for several prominent Chicago defense firms where he represented various Fortune 500 clients and individuals. Mr. Johnson received his Juris Doctorate from the university of illinois College of law and dual bachelor of science degrees in economic and business administration, and sociology and anthropology from Knox College.

520 White Plains road Tarrytown, ny 10591 susan.joseph@westcon.com Senior attorney • Litigation, Contract Disputes, Commercial Law, Outside Counsel Management, Finance (including daily transactional issues), uCC, Creditor’s rights, immigration Law and bankruptcy

susan Joseph is senior attorney at Westcon Group, inc. in this capacity, she assists inlitigation management and risk management, and counsels business partners with regard to dispute management, avoidance and resolution. Previously, she was an associate at Orrick, Herrington & sutcliffe, LLP where she practiced in the area of structured Finance, and prior to that she was an associate at Webster & sheffield where she practiced in the areas of securities, Municipal bonds and erisa. in law school susan was a member of the Law review. Prior to becoming an attorney, susan earned her Mba and was an account executive at Citibank. she is a watercolor and collage artist who has exhibited locally and enjoys swimming, reading and traveling.

Category: top litigation Counsel

Category: top litigation Counsel

Category: top litigation Counsel

tzivia Masliansky sears HOLDinG COrPOraTiOn

Marc McKay bMO FinanCiaL GrOuP

Christopher Paetsch KaPLan, inC.

111 W. Monroe Chicago, illinois 60603 marc.mckay@harrisbank.com

3333 beverly road, b6-259b Hoffman estates, iL 60179 tzivia.masliansky@searshc.com Senior CounSel - litigation • Litigation Tzivia Masliansky is senior Counsel - Litigation at sears Holdings Corporation. in this capacity, she manages litigation and provides counsel to the company with regard to dispute management, avoidance and resolution. she holds a J.D. from Chicago-Kent College of Law with Honors, and a b.a. with Distinction in english Literature from the university of illinois at urbana-Champaign. Tzivia enjoys traveling, live music and volunteering with animal rescues.

Senior CounSel & VP • Litigation relating to various banking, regulatory and securities issues, as well as various fiduciary matters involving investment funds, institutional trust services, personal trusts, estates, charitable trusts and foundations. Marc McKay is senior Counsel and Vice President in the us Legal Group of bMO Financial. in this role, he manages litigation for bMO Financial’s Private Client Group entities, including bMO Harris bank, north star Trust Company, and Marshall & illsley Trust Company. Previously, he was Counsel at stinson Morrison Hecker LLC, where he litigated complex commercial matters with an emphasis on banking litigation, fiduciary litigation and securities litigation. Following law school, McKay was a Law Clerk to the Honorable John L. Coffey of the united states Court of appeals for the seventh Circuit. He holds a J.D. from the univeristy of iowa College of Law and an a.b. in Government from Harvard university, cum laude. He devotes most of his spare time to his wife and three small children, who reside in Wheaton, illinois.

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

225 W. Wacker Dr., ste. 800 Chicago, illinois 60606 cpaetsch@kaplan.edu ViCe-PreSident and aSSoCiate general CounSel • Litigation and intellectual Property Christopher Paetsch has been a key member of the Kaplan, inc. legal team since 2009. Prior to that, he practiced at the law firm of seyfarth shaw LLP, where he was an associate and then a Partner. Christopher received his undergraduate degree from Duke university, where he was named to the Phi beta Kappa honor society; and has a law degree from the university of Michigan Law school. He lives in the ravenswood neighborhood of Chicago. in his free time, Christopher’s interests include reading, writing, football, cult television shows and trying new restaurants... although not necessarily in that order.

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2012 Award Recipients Category: top litigation Counsel

Category: top real estate Counsel

Category: top real estate Counsel

Brian Pengra COMMsCOPe, inC.

Kal gibron sears HOLDinGs COPOraTiOn

amber graham WaLMarT

3 Westbrook Corporate Center Westchester, iL 60154 brian.pengra@commscope.com

2001 s.e. 10th street bentonville, ar 72716-5560 amber.graham@walmartlegal.com

3333 beverly road Hoffman estates, illinois 60179 james.gibron@searshc.com

ViCe PreSident, CHieF litigation CounSel • Litigation and employment

ViCe PreSident oF real eState laW & aSSet ManageMent • real estate, Commercial Contracts, eminent Domain, Landlord/ Tenant and Litigation

aSSiStant general CounSel • real estate

brian is Vice President, Chief Litigation Counsel for Commscope, inc., a leading supplier of telecommunications infrastructure equipment worldwide. in this role, brian has been involved in various intellectual property disputes, in addition to complex commercial litigations and arbitrations and a variety of employment related disputes. brian is also responsible for employment law matters for Commscope around the globe. brian started his career as a litigation associate at Cravath, swaine & Moore in new york. He also worked as an in-house attorney at ibM and aT&T.

Kal Gibron is the Vice President of real estate Law & asset Management for sears Holdings Corporation. in his position, Kal manages the delivery of legal services to sears Holdings’ real estate business unit, and manages the asset management and real estate strategy functions for the combined sears and Kmart real estate portfolio. Kal earned his JD degree, cum laude, from the university of notre Dame Law school, and a ba from the university of Pennsylvania. Kal has been active in pro bono and community service. in 2009, he was named the exelon Outstanding Corporate Counsel by the Chicago bar Foundation, and he is the founder of the shamrock shave, an event that has raised over $110,000 for the needy in the community and pediatric cancer reseach.

amber Graham is an assistant General Counsel for Walmart in bentonville, arkansas. she joined the company in 2000, working in various real estate business departments, and moved to the legal team in 2011. she works on new store acquisitions and leasing. she holds a JD from the university of arkansas school of Law.

Category: top real estate Counsel

Category: top real estate Counsel

Category: top real estate Counsel

James Henegan briDGesTOne reTaiL OPeraTiOns, LLC

Jason Maxwell Hines

Brian Shally CHeVrOn COrPOraTiOn

333 east Lake street bloomingdale, illinois 60108 jhenegan@bfrc.com

2800 Post Oak blvd., suite 4800 Houston, Tx 77056 jason_maxwell@hines.com

6001 bollinger Canyon san ramon, California 94583-2324 shbj@chevron.com

Senior CounSel • real estate

CorPorate CounSel • real estate; Corporate; international

Senior CounSel • real estate, Contracts and envrionmental

Jim is senior real estate Counsel at bridgestone retail Operations. He works on new store transactions for bridgestone. bridgestone is self-developing new stores; purchasing or ground leasing the land on which it will construct the stores. Jim spent 13 years in private practice at 2 Chicago law firms, handling a wide variety of real estate transactions, representing landlords, tenants, developers, home builders and pension funds. Jim spent 9 years in house at sears and 4 years at Joseph Freed & associates. Jim worked on new store deals, leasing the sears Tower, the sale of the sears Tower, the development of the Prairie stone Office Park and the disposition and re-development of sears’ old corporate headquarters at Homan and arthington. Jim was special counsel to sears Home stores business - Dealer stores; sears Hardware; Homelife; and Contract sales.

since Jason’s arrival in 2006, he has led the legal negotiation and successful acquisition of 71 Class a office, logistics, retail and other real estate assets with an aggregate purchase price of $6.35 billion, as well as the disposition of 9 investments totaling $1.9 billion. (in 2011-12 alone, he closed 15 acquisitions in the u.s., russia, australia, united Kingdom and Poland worth over $1.1 billion, and closed 4 dispositions totaling another $1.6 billion, and he led the Fund legal team in acquiring the first asset ever by the Hines organization in australia.) He also oversees the corporate governance activities for the funds’ public boards and provides counsel with respect to funds’ ongoing portfolio management matters (a portfolio with 86 assets worth $8.2b covering 33.5 million s.f.) He was previously a Partner at Locke Lord in Dallas.

brian shally is senior Counsel for Chevron Corporation in san ramon, California. He specializes in real estate law, applying that expertise, in the early stages of his career, to the acquisition and development of mineral interests. For the last twenty-five plus years, his responsibilities involved real estate acquisition, development, management and disposition. Many of the properties he has worked on are environmentally impacted and require knowledge of environmental regulations. He has been involved with commercial, industrial, office and residential projects, including the development and operation of golf courses. He has also worked on the dispostition of a real estate portfolio valued in the hundreds of millions. He holds a J.D. from John F. Kennedy university and a b.s. in business administration from saint Mary’s College. He enjoys travel, mystery novels and classic automobiles.

Pia Norman Thompson and Gould & Ratner

LLP

proudly recognize the

2012 First Chair Recipients for all of their professional accomplishments. 222 N. LaSalle • Chicago, IL 60601

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www.kattenlaw.com

Katten applauds all of the First Chair Awards honorees for their contributions to our profession and our community.

Katten is a full-service law firm with more than 600 attorneys in locations across the United States and in London and Shanghai. We strive to be a firm of first choice for clients seeking sophisticated, highvalue legal services nationally and globally. While Katten offers an extensive range of legal services across numerous industries, our core areas of practice are corporate, financial services, litigation, real estate, environmental, commercial finance, insolvency and restructuring, intellectual property and trusts and estates. Among our clients are a wide range of public and private companies, including a third of the Fortune 100, as well as a number of government and nonprofit organizations and individuals.

AUSTIN CENTURY CITY CHARLOTTE CHICAGO IRVING LOS ANGELES NEW YORK OAKLAND ORANGE COUNTY SHANGHAI WASHINGTON, DC LONDON: KATTEN MUCHIN ROSENMAN UK LLP

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

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Kaye Scholer congratulates the 2013 First Chair Awards Recipients

Chicago Frankfurt London

Los Angeles New York Palo Alto

Shanghai Washington, DC West Palm Beach

Copyright Š 2013 by Kaye Scholer LLP. All Rights Reserved. Attorney Advertising: Prior results do not guarantee similar outcomes. (04082013)

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Careers

author: Amy Gaber Galmont Legal

How to Ride the Innovation Wave to Career Adaptability & Opportunity During

an episode of The CEO Show last summer, Panasonic’s CEO, Joe Taylor, described innovation as the ability to adapt to market needs and demands. By this measure, the most innovative companies are those that can quickly respond to competitive market shifts and adopt emerging technologies and processes to achieve greater efficiency, profitability and growth.

A recent Association of Corporate Counsel survey reports that 66% of CLOs surveyed plan to increase their inside budget and 59% of those surveyed also plan to increase their outside budget. This is great news for the entire legal industry. However, while budgets are increasing, so are efforts to improve efficiency and innovation within the legal departments, thereby leaving us to consider how those budgets will be allocated. At one time, the legal world was all but removed from outside market pressures and the resulting requirement to innovate. Today, the impetus to innovate for law departments comes from corporate pressure to improve cost efficiency and improve productivity. For many in leadership that has meant rethinking how they engage legal services and the legal talent they employ. More and more businesses are asking for alternative fee arrangements from their partner firms, utilizing contingent staff for routine legal matters, and elevating the role of the paralegal. Much has been written about the advantages of value based fee arrangements, yet there is some debate about the overall cost savings of that effort. However, looking at the benefits of contingent staffing, for the right type and scope of legal work, contract attorneys can offer up to a 50% percent savings on an outside budget while providing access to a very experienced attorney with turn-key business maturity. In fact, many businesses and law firms have begun to use contract roles as a way to give potential hires a trial run. A limited assignment offers the perfect opportunity to get to know an attorney on the job, analyzing their skills and team compatibility before committing to a full-time hire. As businesses and law firms explore innovation as a way to better compete and manage smaller budgets, attorneys must also be prepared to embrace innovation in how they work and pursue career opportunities.

Stay Ahead of Change and on Top of Your Career

The pressure to innovate the business of law points to the unavoidable fact that most in-house counsel and law firm associates will find their careers either positively or adversely affected by an employer’s effort to innovate and improve. The expanded use of unbundled services and shrinking retainers means law firms will have less resources to train and groom talent, putting more onus on individuals to guide and foster their own career development. Rather than waiting for business innovations and operational improvements to reshape their career fortunes, attorneys today can take immediate action to strengthen their professional positions. Here are five simple yet effective ways to increase legal career adaptability in the face of changes and innovations that are redefining legal services and delivery.

1. Build & Own Your Career Plan

If you are with a firm or company, chances are it invests in your professional development. But what are you doing for your own

UNITING LEGAL COMMUNITIES TO RECOGNIZE EXCELLENCE

personal career development? Do you have a plan that defines what you want for your career and how you’re going to achieve it? If not, now’s the time to start thinking and planning. Many people have indistinct goals for their careers in the backs of their minds, but very few take the time to define specific goals and milestones for achievement. Assess where you are today in your legal career and outline specific goals for where you want to be in five years and how you will get there. This simple but important process shifts a significant part of the responsibility for career growth and opportunity away from your employer and toward you. By embracing that responsibility and taking the lead role in your career development, you reduce your dependency on an employer for career direction and fulfillment while ensuring you have a roadmap for professional success that is specific to your goals, talents, values and vision.

2. Have Your Resume at the Ready

Not everyone can email a resume at a moment’s notice, but those who can may have an opportunity edge. In this age of immediacy with social media platforms like Twitter and LinkedIn, speed does have its advantages, which is why it’s important to keep your resume current by regularly updating and revising. Remember that a good resume includes a broad statement of the overarching qualities and skills that make you invaluable as well as traditional chronological employment information. And remember that your resume is your primary career marketing piece. In addition to legal expertise, it should include interpersonal information that highlights the unique qualities that set you apart as a person and professional.

Be Part of the Solution 3. Attorneys sometimes have the reputation for

being deal blockers instead of deal makers. Smart attorneys today will turn that notion on its head by becoming more flexible, collaborative business partners who work with their internal and external clients to address opportunities and challenges. Here are several ways you can increase your value by increasing your knowledge and flexibility:

• Make it your job to fully understand the business goals of the deals and strategic projects in which you play a role. • Ensure you are working across business teams and collaborating with other departments to share information, resources and support. • Help yourself by helping your business. If you see new business development opportunities for your company/firm, don’t be shy. Share the opportunity and help your company increase its prospect pipeline. The better tied you are to bottom-line profitability, the more access you will have to business leaders and the more valuable you become to the business. • Be willing and able to suggest outside resources and viable strategies for cost containment and productivity. • Expand your own technical skill set while exploring ways technology can make your legal solutions and support more effective and successful.

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Careers

• Research legal contingent staffing models and flexible billing options that can help cut outside fees while providing direct access to skilled, experienced attorneys available to work on short term/part time assignments. • Identify and recommend non-traditional workplace solutions and programs (such as virtual office configurations for better work/life balances and charitable initiatives) that can improve performance levels and morale. • LinkedIn has rapidly become today’s number one online professional networking resource. Businesses and recruiters use it extensively to find talent. Fully develop your profile on LinkedIn and other key networking sites. Your profile should include your subject matter expertise, key professional accomplishments and personal interests. Leverage First Chair networking and educational opportunities to gain a balanced network of both in-house and Big Law contacts. 4. Make Friends

A successful career has many helping hands and strong supporters to help it on its way. Develop your network of friends and supporters by tapping into networking resources, from social media and legal associations to alumni networks and local business alliances. • LinkedIn has rapidly become today’s number one online professional networking resource. Businesses and recruiters use it extensively to find talent. Fully develop your profile on LinkedIn and other key networking sites. Your profile should include your subject matter expertise, key professional accomplishments and personal interests. Leverage First Chair networking and educational opportunities to gain a balanced network of both in-house and Big Law contacts. • Broaden your skills and experience through association groups, networking groups, and even consider pro bono work as a way to diversify your skills and your network. • When times are tough, the tough get proactive. For some legal professionals that may mean finding a mentor who can provide career search and development support and ideas.

WILLIS OF ILLINOIS CONGRATULATES ALL FIRST CHAIR AWARD RECIPIENTS AND ESPECIALLY VALERIA BAILEY, GENERAL COUNSEL FOR OUR LONG-TIME CLIENT, RAND MCNALLY WILLIS A CENTER OF EXCELLENCE IN THE INSURANCE AND BENEFITS MARKETPLACE Gregory J. Martens Willis Human Capital Practice 312 288 7070 greg.martens@willis.com www.willis.com

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5. Be Open to New Things

Career opportunities may knock when you least expect them, which is why it’s important to be open to new possibilities, be they outside the legal department or outside a traditional work structure.

• Look for Opportunities Outside of Legal - According to the National

Association for Legal Career Professionals, the number of recent law school grads taking positions directly into the business instead of law was up by 20% in 2012. Lawyers who go beyond the legal department will find that there are worthy career opportunities in areas of the business they might not have expected. • Consider Contract Opportunities - Contract-based work has become a well respected and advantageous work option among attorneys of all skill and experience levels, especially for those seeking greater work- life balance and/or greater choice in the work they do. While document discovery once made up the bulk of the labor in this area, times have changed. Experienced attorneys of all levels and specializations can be found engaging in contract work today. For attorneys seeking new job opportunities or hoping to find a position with a specific employer, contract work offers a viable pathway to the right job. In addition, it offers attorneys opportunities to quickly expand skills and experience in ways that more traditional corporate and Big Firm work might not. • Explore Going Solo - For those looking to increase their independence, a solo career may be the way to go. But to succeed, you need to do it well. Get a mentor, and start with at least four stable clients. The site www.rocketlawyer.com offers extensive and valuable support for lawyers striking out on their own and firms like Galmont Legal (www.galmontlegal.com) can help you broaden your client base. • Drill Down Deep on All New Possibilities - While no job will ever be exactly what you hoped for, it’s important to consider each opportunity from all sides and look for diamonds in the rough. If you do find an opportunity or get a job offer that doesn’t match your initial expectation, take a moment to explore the financial and non-financial advantages of the offer. Examine from all sides what the change would mean and what opportunities it could bring. Here are a few questions to keep in mind: Is this an opportunity for more managerial responsibilities? Is it a chance to strengthen subject matter expertise or broaden skills? Is this a mentoring environment that will help you meet longer term career goals? Is this an opportunity to make a personal change? Does it shorten your commute? Would this new position allow you more time to train for the iron man, have a baby, or travel? The good news for attorneys today is that career prospects are looking up, albeit slightly, across the legal profession. Forcasting experts at the Philadelphia Federal Reserve recently reported expected real GDP growth to be small but steady for the next year. Although legal jobs trail real GDP growth by 1% or so, businesses are hiring for new legal positions. The ACC study referenced earlier also reported that 50% of corporations say they expect to expand their law departments with new staff. As the market improves and these opportunities increase, the key for all job seekers— lawyers or not—is to be focused, nimble and open to all the possibilities. Innovation will always bring change. The key is ensuring your career can adapt and thrive along with the changes.


Careers

SUCCEED IN-HOUSE IN TODAY’S MARKET? WHAT DOES IT TAKE TO authors: Yeny Estrada & Kate Haennicke The typical days of in-house attorneys have greatly changed over the past few decades. Previously, the stereotypic hours of internal corporate counsel were nine to five. But as any current in-house counsel would agree, that model has changed to one of constant communication and doing more with less. The landscape of in-house counsel has also changed. A 2011 survey by the Association of Corporate Counsel has indicated that 40% of women are in General Counsel positions and hold 48% of the in-house counsel positions. Now that more women are in these positions, they have valuable insight and suggestions about how to get ahead given the economic climate. During a recent strategic planning panel hosted by the In-House Committee of the Coalition of Women’s Initiatives in the Law, in-house counsel discussed how in-house attorneys can advance and develop their careers in-house. The group also discussed practical ways to promote one’s career in-house. But there was a general consensus on main principles governing success in-house in today’s ever changing market.

First, you must be open to learning new things. It is important that an in-house attorney remain intellectually curious. Add these two skills to the ability to be flexible and you will be ready to adapt to changes in the overall environment (e.g., social change, economic change) or the internal environment of your company. Second, know what your colleagues do and how your role impacts their functions, but also be aware of their roles so you can draw from their advice and experiences. It is important that you network within the company to become more familiar with the interworking of the business. Knowing who does what within the company will allow you to resolve a problem more efficiently.

Third, get to know the business and build relationships with business people. You can provide better legal advice when you understand things from the perspective of your business partners. At the end of the day, you are the problem solver for the company and you will not be able to effectively provide solutions without understanding the business even better than the business people. Further, the internal relationships you create and foster within your company will enable you to fully understand the dynamics of your business. Fourth, take advantage of a mentorship program.

Don’t only try to get mentored but serve as a mentor because in that process you can learn so much, including things you may not know about other parts of your business. LifeMoxie Mentoring, a New Jersey-based mentoring company, has analyzed an ASTD study on mentoring’s impact on productivity and concluded that a one-hour task can be reduced to 45 minutes following training. However with training and mentoring, that same task can be reduced to 7 minutes.

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Fifth, do not be afraid to ask for what you want. If you see another opportunity or a way to expand your current role, ask for the opportunity or talk to someone about expanding your role. Do not be afraid to explain what you want out of your career and to toot your own horn. Sometimes your best fan is you! It is important to be vocal about the expectations you have for your career within the company. This will enable your colleagues to keep you in mind if an opportunity presents itself. Sixth, try to become an expert in an area that you identify as a gap and show your expertise by discussing your thoughts on the topic. Don’t be afraid to raise your hand. This will allow those around you to see the value that you are adding to the business, which will provide you with job security. Seventh, don’t forget to network both internally and externally. Look to see what initiatives your company already has that you can become involved in, or leverage for your own initiative. Implementing your own initiative will demonstrate your leadership skills and your ability to look for ways to grow the business or to create a better work environment.

Eighth, realize that the business runs the corporation, not the law department. Be creative in your solutions. Don’t just answer the question asked. You need to follow through and ask what the business people are trying to achieve and how you can help get them there. Help the business people with solutions to be more profitable – after all, it is a business that you are helping to run!

Ninth, really listen. As lawyers, we have a tendency to talk – a lot.

Take the time to listen. Listen to the business people, the other lawyers, and the customers for your company. Also, make it a habit to read the news daily to monitor the market that your company is in. Along the same line, creating Google alerts on your company, the business, market, customers, etc. will allow you to stay on top of current events that could be impacting your business. Sometimes we are in a unique position to synthesize the information to determine the best options available, and staying aware will allow you to do so.

Tenth, maximize your resources. As in-house lawyers, sometimes we are not just giving legal advice but also looking for ways to grow/enhance our companies. Think outside the box and always ask yourself how a given situation impacts the overall state of the company. Utilize your legal resources, programs, contacts and anything else at your fingertips. It is important for legal departments within a company to align their goals and management structure to mirror the strategies and objectives of the business people, which is why an in-house attorney needs to approach problem solving by wearing both her legal and business hats. Approaching your practice in-house in this way will allow you to become an invaluable member of your company’s legal department, not to mention that the business people will see you as their business partner.

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2013 First Chair Magazine  

2013 First Chair Magazine  

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