2018 Winter - Diversity & The Bar Magazine by MCCA Diversity & the Bar Magazine

Change is Coming Everyone will change.

Everything must change.

MCCA 19th Annual General Counsel Survey 2018 | Diversity Gala | Creating Pathways to DiversityÂŽ

CONTENTS

WINTER 2018

FEATURES

STAPLES

16 OUR DIVERSITY STORY

05 | NOTES FROM THE CEO

The white collar bar has traditionally not been a bastion of diversity: indeed the “white” in its title could refer to more than just the shirt collars of the ﬁrm’s clients. But pockets of change are being seen. By Catherine McGregor

08 | LETTER FROM THE EDITOR 13 | ADR MOSAIC

Moving the Needle on Diversity: A Conversation with Noah Hanft

10 | PAYING IT FORWARD

Proﬁle of a leading lawyer or GC’s career where they reﬂect on achievements and challenges via the lens of giving advice to the next generation. Jami Wintz McKeon, Chair of Morgan

20 #ADVANCINGTOGETHER MCCA

Lewis shares her thoughts.

DIVERSITY GALA The ﬂagship event in MCCA’s calendar is its Gala, which celebrates achievements in the profession that are advancing inclusion and diversity. By Catherine McGregor

42 MCCA’S CREATING PATHWAYS TO DIVERSITY CONFERENCE 2018

39 | INTERNATIONAL FOCUS

myAccessHub is a training provider and consultancy based in County Kerry, Ireland, which provides online solutions to companies that empower them to increase accessibility for employees and customers who are Neurodiverse.

Over 400 lawyers from law ﬁrms and in-house discuss how to make the profession more inclusive and diverse. By Catherine McGregor

ALSO

54 MCCA 19

36 | BEING A LEADER Stepping up for leadership challenges may be the key to a GC role.

ANNUAL GENERAL

COUNSEL SURVEY 2018 MCCA’s annual look at the state of play of diversity in the Fortune 1000 GC ranks. Featuring interviews with newly minted GCs from the Fortune 500 and practical career tips on how to get there. By Jodi Bartle

COMMUNITY VIEWPOINTS:

52 | THE VALUE IN NON-LINEAR CAREER PATHS How the road less travelled professionally may be worth exploring.

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MCCA BOARD OF DIRECTORS A.B. CRUZ, III MCCA CHAIR Enterprise Shared Services Former Senior Vice President, Chief Legal Ofﬁce, USAA

GP AT DIV HW ER AY SIT S Y2 01 8

JEAN LEE MCCA President & CEO STUART ALDEROTY CIT GROUP, INC. & MCCA CHAIR-ELECT Executive Vice President, General Counsel & Corporate Secretary RICARDO ANZALDUA FREDDIE MAC General Counsel and Corporate Secretary

DUANE HOLLOWAY UNITED STATES STEEL CORPORATION Senior Vice President, General Counsel, Chief Compliance Ofﬁcer & Corporate Secretary SANDRA LEUNG BRISTOL-MYERS SQUIBB Executive Vice President & General Counsel

DAWN SMITH COLOGIX President, Chief Operating Ofﬁcer

LINDA LU NATIONWIDE INSURANCE Senior Vice President, Property & Casualty Legal Personal Lines

RICHARD J. WALLIS MICROSOFT CORPORATION Former Vice President & Deputy General Counsel

SUZAN A. MILLER Former Corporate Vice President, Deputy General Counsel & Corporate Secretary, Intel Corporation

NEIL H. WILCOX USAA Senior Vice President, General Counsel, Enterprise Shared Services

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DAMIEN ATKINS andidates Some potential examples to consider: THE HERSHEY COMPANY p positions • LEARN AS MUCH AS YOU CAN about a Senior Vice President, SIMONE WU General Counsel & Secretary SAMUEL M. REEVES CHOICE HOTELS ou are not topic that is or could become important to WALMART, INC. INTERNATIONAL Senior o assume your legalCRAIG team B. orGLIDDEN company and present onVice President Senior Vice President, General GENERAL MOTORS COMPANY & General Counsel Counsel, Corporate Secretary at) organiit: perhapsExecutive even write white paper, blog or International Legal Vice a President Walmart & External Affairs & General Counsel o anything manual that you will keep updated. ROBIN H. SANGSTON KIRKLAND L. HICKS COX COMMUNICATIONS, INC. ole within • ARRANGE FOR A GUEST SPEAKER(S) LINCOLN FINANCIAL GROUP Vice President & Chief Executive Vice President o improve from another department or outside of the Compliance & Privacy Officer & General Counsel ndidate is company to talk to/do training for your team ep up and about a particular issue(s). D&B MAGAZINE PUBLICATION STAFF e done or • IF THEREEDITOR-IN IS A SHORT TERM NEED, see if MCCA® STAFF DESIGN/ART DIRECTION CHIEF Elfatrany Design Catherine McGregor Sophia M. Piliouras Sherla Allen hat others you can bring in skilled interim help from Lauren Hossfeld Kevin Wong EDITOR PRESIDENT, MCCA ADVISORY don’t wait whom you can learn and who youCONTRIBUTING can Tieara Jones Jodi Bartle PRACTICE great” or, manage (temporary management experiSophia M. Piliouras e’d seen it ence is better than none). GENERAL INFORMATION Don’t wait • SCHEDULE A SOCIAL GATHERING and/ rvey 2018 ADVERTISING MCCA MEMBERSHIP e dangled or a pro For bono activity for your team and advertising inquiries, contact Catherine Please visit https://www.mcca.com/membership/ for th Annual General Counsel Survey 2018 McGregor, catherine.mcgregor@mcca.com details or email membership@mcca.com ontinuous business partners. PERMISSIONS AND REPRINTS r industry, • PLAN PERIODIC OUTINGS to visit your Reproduction of Diversity & the Bar in whole or part without permission is prohibited. To obtain permission, law search of professional facilities satisfactionand are more to hracticing business company’s leadlikely ongoing disvisit https://www.mcca.com/db-magazine/reprint-request/ find it than those wait for the opportunities to fall in o want to be and make cussions about how to apply what you learn COPYRIGHT their laps. ntrepreneurs Copyright® 2018 by theyour Minority Corporate Counsel Association, Diversity & the Bar is published four times a year and is distributed to supporters and subscribers, 1111 In those about the business to team’s legal work. Pennsylvania Avenue, NW, Washington, DC 20004. The information contained in this publication has been provided to the Minority Corporate Counsel Association (MCCA®) 6. GOING TO LAW school does not actually by a variety of independent sources. While MCCA makes every effort to present accurate and reliable information, MCCA does not endorse, approve or certify such information, dand youthose see.I • MAKE INTRODUCTIONS FOR people nor does MCCA guarantee the accuracy, completeness, efficacy on or chronological sequence of any such information. Use of such information on the readers’ part is entirely require you to practice law. eM

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voluntary, and reliance upon it should be undertaken only upon independent review and due diligence. References to any commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise shall not constitute or imply endorsement, preference, recommendation or the favor of MCCA. MCCA (including D&B MAGAZINE SPRIN I S S U Eand2 agents) 0 1 8 assumes | WWW M C C A . C for OM 2 itsG employees no. responsibility consequence resulting from the use of the information herein, or in any respect for the content of such information, including (but not limited to) errors or omissions; the accuracy or reasonableness of factual or other data, including statistical or scientiﬁc assumptions, studies or conclusions; the defamatory nature of statements; ownership of copyright or other intellectual property rights; and the violation of property, privacy or personal rights of others. MCCA is not responsible for, and expressly disclaims and denies liability for, damages of any kind arising out of use, reference to or reliance upon such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or ﬁtness for a particular use or purpose, are made by MCCA with respect to such information. Copyright in this publication, including all articles and editorial information contained herein, is exclusively owned by MCCA, and MCCA reserves all rights to such information. MCCA is a tax-exempt corporation organized in accordance with section 501(c)(3) of the Internal Revenue Code. Its tax ID number is 13-3920905.

7. THE LEGAL LANDSCAPE is continuing to change, availing lawyers of new and different opportunities in the industry. Non-linear career paths may sometimes be intentional and other times be necessary. Either way, they provide a lens worth looking through to ﬁnd M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M enlightening opportunities that you may never

NOTES

FROM THE CEO

HAT A YEAR IT HAS BEEN! AFTER CELEBRATING MCCA’S 20TH ANNIVERSARY IN 2017 AND THE INCREASED COMMITMENT AND ENGAGEMENT FROM ALL OF YOU, MY GOAL AS CEO WAS TO CONTINUE THE COURSE TO ENSURE THAT WE ARE ADVANCING TOGETHER. A significant area of focus in 2018 and 2019, is our spotlight on changing culture. As the seminal business thinker, Peter Drucker said, “Culture eats strategy for breakfast.” Meaning that, unless change is deeply embedded and really felt throughout an organization, it will not be as impactful as it could be. An important building block for true culture change is leadership. Although it is not the only factor important for change, it can impede any change or development, which is why we focused on inclusive leadership. Inclusion is what brings out the best in having diverse teams. MCCA partnered with Microsoft in 2018 to launch our Inclusive Leader Program. Our Inclusive Leader Program (Program) consists of three components: (i) an inclusion index survey developed by Russell Reynolds and Associates to measure and benchmark our profession; (ii) an inclusive leader training and best practices to create awareness; and (iii) inclusion summits with other members to share best practices and strategies to create an inclusive workplace leveraging our research. We launched the Program to address the growing need for diverse and inclusive leaders to disrupt homogeneity in legal leadership. We will continue our work in 2019 and host more inclusion summits to better understand each other and advance together. We believe that this approach of working together in a focused and practical way is where we can all truly achieve great results. We also released our bias interrupters research in partnership with the ABA Commission on Women in the Profession and the UC Hastings Center for WorkLife Law. The research findings are significant because they put D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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the onus on the organization and on the importance of systemic changes to eliminate and/or minimize bias rather than on individual biases. It was important because the research provided guidance on how processes in hiring, promotion, performance evaluations enable unconscious bias. The report’s subtitle: You Can’t Change What You Can’t See gets to the root of the issue; it’s a Sisyphean task to transform these problems that may not be seen as problems by the majority and by those who create the systems. That is where the symbiosis comes between our Inclusive Leader Program and the toolkits to change systems, which we have launched as part of the bias interrupters research. This all echoes recent research in the ﬁeld of inclusion and diversity which states that too much focus on individual thought processes and actions, such as unconscious bias training, is not producing the substantive changes we need to see. But to produce this systemic change, there needs to be a collective effort in our organizations and beyond. MCCA is working together with a range of other organizations such as Russell Reynolds and the ABA to provide greater leverage for the changes that need to happen. That’s why we are focused on #AdvancingTogether in 2018 and 2019. We want to take rhetoric and produce noticeable results, which is why more of our services are focused on professional development and advising our members on how to develop strategic plans to achieve their diversity, inclusion and equity goals. We hope you will continue to be engaged, provide feedback and ﬁnd ways to advance together to achieve a greater goal of making the legal profession more diverse in 2019. The time is now and we need all of you to get there. Sincerely,

Jean Lee President & CEO

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NOTES

FROM THE EDITOR

COMING TO THE END OF ANOTHER YEAR, IT’S IMPORTANT NOT TO LOSE SIGHT OF WHAT MATTERS MOST. A SIGNIFICANT AREA OF FOCUS FOR THOSE OF US PASSIONATE ABOUT INCLUSION AND DIVERSITY IS TO MAKE SURE THAT THINGS DON’T SLIP BACKWARDS. We can too easily be lulled into a false sense of security by assuming progress is a one-way trajectory and that the only way is up. Sadly, it’s been true throughout history that change and disruption can also produce a counter-movement of entrenchment and suspicion. Our cover references the fact that the disappointment of the dream of progress being deferred can be hard to cope with. That’s why it continues to be so important to celebrate successes and achievements and to disseminate best practices. Our annual analysis of diversity in the Fortune 500 and Fortune 1000 shows that women and diverse general counsel are increasing year on year. A key factor is visibility and the ability to see a spot as a Fortune 1000 company general counsel as an achievable goal. But as much as, anecdotally at least, movements like #MeToo have been overwhelmingly positive, we also have to make sure that there are not negative side effects such as women being sidelined in mentoring or sponsorship opportunities that are key to progression. We also celebrate those legal departments and law ﬁrms who have been selected by MCCA as demonstrating innovation, commitment and outstanding achievements in advancing diversity and inclusion. This issue features proﬁles and interviews with the winners of the Thomas L. Sager Award, the George B. Vashon Innovator Award and the Employer of Choice Award. A common thread amongst all of the organizations featured is the vision of leaders who promote inclusivity and the focus on making the organization’s culture truly inclusive from the top down and bottom up. 8

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Culture change was itself the focus of MCCA’s flagship conference: Creating Pathways to Diversity® held in New York in October. Our overview of the variety of ideas in the conference demonstrates the different ways this is being approached and how important it is to understand that culture change takes time but is not a one-size-fits-all approach. This issue we also feature columnists discussing a range of topics from ADR to a lateral career path; from bringing leadership into your career development to embracing Neurodiversity in the workplace. Our regular feature Paying it Forward features Jami Wintz McKeon of Morgan Lewis - one of the few women leading an AmLaw top ten firm. We also hear from the very diverse White Collar Crime team at Barnes & Thornberg about how firm culture is central to promoting inclusivity. We’re always happy to hear from readers and to have you involved so please get in touch if you have ideas to share: catherine.mcgregor@mcca.com Sincerly,

Catherine McGregor Editor in Chief

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D&B/TALK

PAYING IT FORWARD Jami Wintz McKeon, Morgan Lewis

OUR REGULAR COLUMN, WHERE WE PROFILE A LEADING LAWYER OR A GC’S CAREER WHILE THEY REFLECT ON ACHIEVEMENTS AND CHALLENGES VIA THE

LENS OF GIVING ADVICE TO THE NEXT GENERATION. THIS TIME WE SPEAK TO JAMI WINTZ MCKEON, CHAIR OF MORGAN LEWIS AND ONE OF THE FEW WOMEN CURRENTLY LEADING AN AM LAW 20 LAW FIRM. Diversity & the Bar: What first made you want to become a lawyer? Jami Wintz McKeon: I was attracted to a lot of the things that went into being a lawyer. I liked analysis, problem-solving and fixing things; being the eldest of four children I had to solve problems for everyone else! I also came from a theatre background - virtually all my family were involved in theatre growing up - so the theatrics of the law, particularly in trial work which I specialize in, appealed to me. It was really the fact that the law was a combination of all those interests. From the first day I walked into Morgan Lewis, I was waiting for other shoe to drop, but it never did. It has turned out to be the perfect profession for me. D&tB: What are the key steps in achieving success as a lawyer and what was most useful to you in these? JWM: I was really very lucky to work for a whole variety of terrific people when I started and my later success was due to their mentoring me and involving me in client matters. They made me feel I could both do this and add value; and this was incredibly important to my success. Success begets confidence, which begets more success, and these people who believed in me gave me opportunities. The fact is that it doesn’t matter how smart you are; even if you are the most talented person, unless you are given opportunities, you won’t be able to shine. Being granted opportunities is what can drive you to try harder and succeed. I was lucky as a young lawyer to have a lot of people who were willing to give me them. 10

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I didn’t have to seek these people out myself as that was very much the culture of Morgan Lewis and still is today; the approach on the part of the partners is that you are on our team and everyone joins together to make you successful. I got lucky in that one of my earliest mentors was Art Littleton who was wonderful at involving me and telling everyone how good I was. His father was one of our early chairs and coined the ﬁrm’s mantra: “There’s no limit to what we can achieve, as long as no one cares who gets the credit.” Working for someone like Art right at the beginning was a great example and set me in the right path. D&tB: Is there one failure or challenge that you now can see was actually helpful in shaping your career? JWM: There were many I am sure, but two come to mind. As a relatively junior partner, I tried a case in front of a federal judge who told me that when he was a prosecutor, he liked to try cases against women because he liked to see how long it took to make them cry. He made clear to me that he had carried some of that over as a judge, and he did his best to shake me. When I held my ground, he became a big supporter. I learned from that and from experiences with some condescending opposing counsel to ignore the atmospherics and focus on the job at hand; in each instance, I learned more about how to deal with those situations and more about my own conﬁdence and ability to excel despite false barriers. The second instance was when I was a second- or third-year associate working with one of our partners

JAMI WINTZ MCKEON

on a trial which should never have made it to the courtroom. It was a very emotional, difficult case involving the death of a longshoreman. We lost the case and it was so painful both to lose and then go back to the office immediately to work on post-trial motions. Two years later, we won the appeal and the court agreed that the case should never have been brought. While that victory didn’t take sting out of that loss, it did teach me that the practice of law is a marathon, not a sprint and that, as my husband says to our kids, it’s never as good or bad as it seems; you just have to persevere and many times, you will ultimately prevail. D&tB: You have spoken before about the importance of being authentic in succeeding at work. How has that informed your own career and the way you lead Morgan Lewis? JWM: I think there is no substitute for being authentic. The term gets thrown around a lot but it is really important to be someplace you can be you, because you have to bring your best self to work every day. You can never be at your best if you’re pretending to be someone else - it’s exhausting and ineffective. It’s important to figure out if the career and place you have chosen to work mesh with who you are. When I joined Morgan Lewis in the early eighties, there were very few women and no women with young children.

At that time, the articulated wisdom in law firms for women was you should act like a man and not talk about your kids or have their pictures on your desk, and you certainly never brought them into the office. That just wasn’t going to work for me, so I ignored that and did what felt right – which includes all of those things you weren’t supposed to do. But what I found was that this supposedly conservative law firm embraced how I was. That made a huge difference. I have always just been who I am. That doesn’t mean, of course, that you just spew forth every thought you have, but it does mean you have to be able to show who you are, what is important to you, and what you care about. D&tB: What, in your opinion, can and should law firms and legal departments be doing in regards to extending the pipeline for diverse entrants? What would be your top practical tip to achieve that? JWM: I think that we have to focus earlier on in people’s careers to help diverse candidates see the opportunity and value of working at law firms. Right now we compete more than at any time in history for talent not just with law firms, but with other opportunities. Law firms no longer have a monopoly on what you can do with a law degree. So, it’s really important to give potential candidates the vision earlier on about how they can succeed and why this is a good D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

path. Law firms have to be proactive and have to get involved at law schools, including law schools where they don’t usually recruit, not just the top law schools. We reach into undergraduate colleges and the early stages of law schools to try to build relationships with diverse candidates so they will think about a career in a law firms generally and specifically at Morgan Lewis. D&tB: The pipeline is one thing but all diverse attorneys can face challenges in moving into leadership. There are still very few law firm leaders, particularly in big law, that are women or diverse. Are there any key practical tips you would give a younger female or diverse lawyer who wants to become a law firm leader? JWM: First, I do not agree with the statement that if you can see it, then you can be it. For many of us, myself included, that just wasn’t true. But we are also past the point where we should be talking about trailblazers; there are enough women in law firms who are and can be law firm leaders. So you SHOULD be “seeing it” where you are. As women and diverse individuals we need to look around; if your firm says it prizes diversity, look at who the firm leaders are; who leads practice groups, offices, client relationships? If diversity is not there and the firm is relying on a claim that they just don’t have “enough” or “the right” women, you should find somewhere else to work. Second, to succeed in a firm, I cannot overestimate the importance of building relationships. They are the currency of success in law firms: relationships with clients and with each other. You cannot sit back and think that if you do good work, people will notice. One thing we say to everyone at the firm is that it’s not just about being good at what you do, you also have to be good to the people around you. Universally, at every stage of your career, there will be competing factors and issues that can curtail people’s abilities to focus. What’s key to advancing diversity and inclusion is allowing people to bring their whole selves to work and for individuals they work with and the organizations they are in to be understanding of that. D&tB: Was there a particular individual or individuals whom you would say has been most influential in 12

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helping you achieve your success? JWM: There were many. I think of Art Littleton because he was the first man I worked with. Many years later I took a trial advocacy program and Art (who was retired) took the role of one of the witnesses and I got to cross examine him. Afterwards, he wrote me a lovely note saying he was so glad to be part of what contributed to my success. I told him that whatever success I enjoyed had started with him and that I was very grateful to him. I had a secretary, Maria O’Connor, for about 14 years who worked with me from when I was an associate to my first involvement in leadership. She was really helpful to me, not just in the work she did directly to support me but also because she viewed herself as extension of me; she always treated everyone who called me with respect, practiced what I preached about inclusion and dignity, and made me look good. She was an important factor in my success. Finally, the kindness of fellow partners, judges, others in the community, and opposing counsel, and all of my colleagues have been significant contributing factors to my success. No person is an island and you need lots of mentors who can help you. D&tB: Finally, with hindsight, what would be the one piece of advice you’d give your younger self? JWM: I’d say focus on the importance of relationships. I always understood that importance, but might not have really known why it was so important when I was younger. Also, I would remind myself that your career – and life itself - is a marathon and not a sprint. There will be periods of time where things are great and there will be periods of time when you aren’t jumping up in the morning excited to greet the day. There will also be times in life where, due to other factors, it will be easier or harder to do your job: when you have challenges with money, health, children or parents, relationship issues – any number of things; everyone has some of them. Knowing you can get through these periods will be easier if you have built relationships that you can trust to support you through the good times and times of sorrow. That is what real partnership is about, and I am thankful every day that I found it in my career.

D&B/TALK

THE ADR MOSAIC

Moving the Needle on Diversity: A Conversation with Noah Hanft by Theodore K. Cheng

IN THIS EDITION, I HAVE THE PLEASURE AND PRIVILEGE OF INTRODUCING A WELL-RESPECTED COLLEAGUE IN THE ADR FIELD, NOAH HANFT. Hanft currently serves as the President and CEO of the International Institute for Conflict Prevention and Resolution (also known as the CPR Institute, cpradr.org), which is an independent nonprofit organization that helps global businesses prevent and resolve commercial disputes effectively and efficiently. Before joining CPR, Noah was General Counsel and Chief Franchise Officer for MasterCard, where he was responsible for overseeing legal and regulatory affairs, public policy, and compliance. In 2012, he was named General Counsel of the Year at the Global Counsel Awards. Noah is a long-time supporter of dispute resolution and has devoted his career to finding the most effective and efficient resolutions for resolving business disputes. He is also an outspoken advocate for improving diversity in the ADR field, particularly with respect to how arbitrators and mediators are selected. Theo Cheng: Noah, let me start by asking you why you believe diversity in the ADR field is so important. Noah Hanft: I have long believed that sensitizing companies to the advantages of using diversity as a criterion in selecting arbitrators and mediators can lead to better, perhaps even more creative, decisions for the company. A focus on diversity can also help expand a company’s near exclusive reliance on outside law firms to undertake that selection process. TC: In prior columns, I told my readers that diversity in the ADR field could be improved, in part, by having corporations pay more attention to applying supplier diversity initiatives to the selection of neutrals and remedying the adverse

impact of implicit bias in the selection process. What are some other steps that inside counsel can take to help rectify the diversity problem in ADR? NH: I agree that those initiatives can help improve the situation. In the end, I think the most obvious solution is to have companies take some ownership of the process and place emphasis on the diversity of the neutrals they select – as least as much as they now do when they select their outside counsel. As a diversity and inclusion officer at a law firm told me, it’s all up to in-house counsel – if the clients want diverse neutrals, we will provide them. TC: Practically, how does a company accomplish that? NH: It’s not really that complicated. However, the effort must take into account the company’s culture and DNA. If the culture is such that decision-making comes from the top of the organization, then the message to in-house counsel must be clear. When companies announce certain things are “corporate priorities,” they get attention, especially where there is a demand for results. Alternately, if the culture empowers decision-making at a lower level, then as long as the in-house counsel understands the goal, a less directive approach might be effective. In either case, I would suggest that the General Counsel and/or the Chief Litigation Officer convene the company’s outside firms and get the message across that diversity includes not only those within the law firm, but whom the firm selects or recommends as arbitrators or mediators. TC: How difficult is it to have these kind of conversations? D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

NH: Not very difficult. Having been a part of many of these conversations, I am a firm believer that we don’t need to sacrifice quality when broaching the subject of diversity. It’s not about simply looking at candidates who are diverse, but also identifying high-quality individuals who perhaps are not usually reached out to. TC: What about companies without an in-house legal department? NH: Lack of diversity becomes particularly exacerbated in this context because the company generally delegates much of the decision-making on this issue to its outside law firms. But, at the same time, these companies can also create opportunities if smaller companies tend to have smaller matters. If that’s the case, those matters may be more suitable for younger, newer neutrals so that they can get the necessary experience to prepare them for larger matters later on in their career, while, at the same time, presenting less business risk to the company. This can be an entry point for diverse neutrals. There may also be an opportunity to get at smaller companies through trade associations that represent them and their interests to help them better understand how to make the selection decision. TC: Does an organization like the CPR Institute 14

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have a role to play in improving the state of diversity in the ADR field? NH: Absolutely! As an administrator or provider of ADR services, I believe that ADR organizations should utilize best efforts to put diverse candidates on slates, remind decision-makers of the benefits of diversity on the quality of the decision-making process, and then actively encourage the selection of diverse candidates. This is precisely what we at CPR have been doing. Of course, CPR is not in a position to force any particular neutral on the parties; our role is to expand our lists, putting forth competent, diverse neutrals and encouraging parties to make diverse selections. TC: In my last column, I mentioned two initiatives that CPR has promulgated to help improve diversity in the ADR field – the Commitment on Diversity Pledge (calling upon companies and law firms to “include qualified diverse neutrals among any list of mediators or arbitrators they propose”) and the Young Lawyer Rule (encouraging “lead counsel to permit more junior lawyers with significantly less arbitration experience than lead counsel to examine witnesses at the hearing and present argument”). What else has CPR done to help companies meet the challenge of diversity in the ADR field?

NH: Most recently, we introduced a Diversity Statement that we include in all of our letters to the parties when we nominate a slate of prospective neutrals for their consideration. The statement reads as follows: “CPR is committed to increasing diversity and inclusion in the dispute resolution field. Women and minorities continue to be underrepresented as neutrals, although robust evidence demonstrates that diversity improves group decision-making. While considering candidates, CPR encourages you to remain cognizant of the role that implicit bias can play in the selection process and to consider the value of diversity and the role that your selection plays in furthering inclusion in the dispute resolution community. Members of CPR’s Panels of Distinguished Neutrals undergo a rigorous vetting process and comprise those among the most respected and elite mediators and arbitrators in the world.” We know that lack of women neutrals is a big issue – as evidenced by, for example, the efforts of the Equal Representation in Arbitration Pledge – and that race and ethnicity is also a big issue. We are also focusing on the LGBTQ+ community and including them in our diversity efforts. CPR also recently created an addendum that companies can append to their RFPs (requests for proposals) that asks outside law firms about their dispute resolution expertise and to identify the firm’s mediation and settlement skills. We believe this will help companies focus on those firms that share their importance on ADR processes and provide additional data for their consideration in retaining them. TC: As a result of these efforts, has CPR seen tangible improvements in the selection process? NH: I am happy and proud to say that we have seen strong progress over the years. For the 2017 fiscal year, the selection rate was 23% for women and people of color, 19% of which was for women. Although we recognize that there is more work to do, particularly in terms of ethnic diversity, we are delighted that the 2018 fiscal year numbers show continuous improvement, with a 31% total diverse

selection rate, 27% of which was for women. These selection rates are significantly higher than the percentage of women on CPR’s panel of neutrals, which is currently 17%. TC: Those statistics are very encouraging! By focusing on these kinds of numbers, is there a danger of reducing this discussion to just achieving certain quotas in this field? NH: I like to think that we can accomplish our objectives without resorting to quotas. In some limited cases, it may make sense to do so, but most people don’t like quotas because they impose unfair, rigid requirements. And, in my view, threatening outside law firms with loss of future business, financial penalties, or other disincentives rarely works and doesn’t achieve long-term commitment to the company’s values. More often than not, I find that a firm but flexible approach is more appropriate. I am a believer in very strong encouragement of diversity; to that end, I think the key is to demand a good faith effort on the part of the companies and their outside law firms to pay greater attention to diversity as a part of the overall selection process. That starts with an appreciation of the advantages of diversity and how it can benefit the ultimate outcomes and bottom line for the company. In the end, I believe that every constituent and stakeholder has a role to play, and CPR will never stop striving in this regard. Step by collective step, even small steps at a time, we can make real headway on this important issue.

THEO CHENG

TCHENG@THEOCHENG.COM Theo Cheng is an independent, full-time arbitrator and mediator and serves on the rosters of the American Arbitration Association, the CPR Institute, FINRA, Resolute Systems, and several federal and state courts, focusing on commercial/business, intellectual property, technology, entertainment, and labor/employment disputes. He has over 20 years of experiencing handling intellectual property and commercial litigation matters. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

D&B/TALK

OUR DIVERSITY STORY

Barnes & Thornburg, the D.C. office’s White Collar Crime Practice By Catherine McGregor

THE WHITE COLLAR BAR HAS TRADITIONALLY NOT BEEN A BASTION OF DIVERSITY: INDEED THE “WHITE” IN ITS TITLE COULD REFER TO MORE THAN

JUST THE SHIRT COLLARS OF THE FIRM’S CLIENTS. BUT, INCREASINGLY, POCKETS OF CHANGE ARE BEING SEEN. For change to take hold and be meaningful, the wider firm culture that a team exists in has to be fertile ground for inclusivity to take root and grow. The White Collar Crime team at Barnes & Thornburg feels that in this national firm they have found it in their Washington, D.C. Office. One of the most senior members of the team is former United States Attorney for the District of Columbia, Roscoe Howard, who recruited many of the other members of the team. But what’s contributed to creating a truly diverse culture and caused the team to make the move over? For Roscoe, it’s the fact he feels the firm is a true meritocracy. “It’s a place you can rise up according to merit and the firm recognizes and rewards the attorneys who do the work. I’ve felt that in many law firms, advancement can often come down to a mix of educational pedigree and what work you actually do. But here I feel it’s much more about what you do rather than what school you went to. That was key to me in recruiting and bringing people over after I arrived at Barnes & Thornburg. I had to ask myself whether this would be a place where the group would be supported and treated well, particularly in regards to the younger attorneys; would it treat them fairly and give them a promotion if they delivered?” For one of the younger lawyers in the group, Meena Sinfelt, who has been working with 16

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Roscoe since she was at law school, it’s the fact that inclusion permeates the firm which makes it so different. “Diversity and inclusion is different in practice versus just saying it. For example, Barnes & Thornburg has female managing partners who run groups of their own. Barnes & Thornburg doesn’t just say it, they do it. They walk the walk and talk the talk by putting lots of minorities and women in leadership positions.” For the D.C. office’s White Collar Crime Group, it’s this truly meritorious culture which has meant more diverse lawyers in leadership, which then itself becomes a virtuous circle in regards to ensuring inclusion is more than just empty rhetoric or a ‘nice to have.’ A byproduct of this is also a strong collegiate culture. As an example, the group cites the fact that when they arrived they had a very high pressure case with tight timeframes for their client’s filings. “Karen McGee, the D.C. office’s managing partner, made some calls and our new partners, whom we had not yet met, pitched in to help us get everything done”, famed trial lawyer, Billy Martin, explains. Given that it seems that, culturally, Barnes & Thornburg has really “got” inclusivity, why then do so many law firms still struggle with both diversity and inclusion? For Billy, it comes down to the real commitment to actually follow through on promises and to put words into action. A

key factor in this, he believes, is disrupting the status quo. “All firms talk about their firm culture. Barnes & Thornburg has addressed some tough issues such as who makes decisions at the firm. When we saw that Barnes & Thornburg had diverse leaders, we felt they really meant this. When we spoke to leaders like Karen McGee we saw their mission was to provide the best lawyers which meant that the team needed to be diverse. What that means is cutting through the rhetoric and making some tight calls. This included telling the majority, who in law firms are still primarily Caucasian male partners, that it’s not business as usual. We are, instead, changing with the times,” Billy comments. A key aspect in this is the fact that many law firms are still so focused on hiring from a small group of law schools. This immediately constrains the pipeline for diverse candidates, as the concerns for minority lawyers when choosing a school may not be dictated by prestige but instead by cost, availability of scholarships or proximity to home if they have family commitments or work. A prestigious law school name may be a ‘nice to have’ but it is also unrealistic for too many diverse students. The lawyers at Barnes & Thornburg feel that the focus of the firm being more on what you have done and not on from which school you graduated has been a significant factor in truly achieving diversity for the firm. Different starting points for lawyers means a range of different life experiences, which also brings in diversity of thought and opinion. It’s this quality that partner Mike Battle feels really sets the D.C. office’s White Collar team apart. “We all bring lots of experiences from different places and of different cultures. If all the experience in a law firm is monolithic then you don’t get the diversity of thought which leads to

more creative solutions. Meena is the youngest member of our group but I learn as much from her as from Billy or Roscoe. That diversity of thought can be difficult to come by in many law firms.” The group has mentioned they feel their diversity in experience and thought gives them a winning edge and also an ability to assist diverse clients more than a stereotypical law firm might. But what does this mean in regards to how they practice law? Billy remarks that a specific advantage is in trial: “Juries never ask you what your academic pedigree is. Juries are inherently diverse. If you don’t reflect the communities represented in the jury pool then you have an initial obstacle to overcome.” The group also feels that their range of different viewpoints allows their trial tactics to be more creative. But, given the white collar bar has not traditionally been anything approaching a bastion of diversity, surely that also produces challenges? For Roscoe, as the most senior member of the group, the bar has certainly undergone some sea changes. “I got to D.C. in 1978, a time when, in the majority of firms in the city, there were only three black partners. That was it! Everyone knew who they were, and they were legends of the bar. But as you interviewed with these firms as a young lawyer in 1978, the only other black faces you saw in these law firms were in the mail room. Professionally it appeared that you were faced with a big ocean to have to cross. This conversation we are having now between Diversity & the Bar and our group at the Washington, D.C. office, we could not have had in 1978. When you understand that and the background to what Barnes & Thornburg has accomplished with our practice group, you see we have come a long way — but, by the same token, we still have a long way to go.” D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

As one of the minority pioneers of the white collar bar, Roscoe faced his share of discrimination, both overt and covert. “When you are an African American in this country and in this industry, you would walk into these law firms with identical, if not superior skills as many of your majority colleagues. However, the first thought of many of the majority is that you’re the exception. I practiced mostly in Washington, Virginia and in the other areas throughout the South. I would walk into courtrooms and the first thing I knew was that many of the opposing lawyers would immediately underestimate me. But, I thrived on that - when it was time to produce, I could prove them wrong, while also helping my client”. Turning such tired preconceptions on their head is something that the group thrives on. For Meena, as a young woman of color in the white 18

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collar bar, it can be hard, she explains, to be taken seriously. “When I was at conference with Roscoe and another young female colleague, a white male attorney referred to us as “Roscoe’s girls”. Roscoe never missed a beat and said ‘You mean the brain trust I surround myself with.’ But we can always use that. Often prosecutors underestimate me as a young woman. When you get underestimated, you use that to your advantage, allowing the prosecutors to under prepare for – and even dismiss - someone they think is not up to par, while you do your usual stellar work.” Many of the team gained experience at U.S. Attorney’s Ofﬁces which led to them being seasoned trial lawyers. As Mike explains, “Billy, Roscoe and I have spent a large part of our career in public service environments where we were allowed to grow in a way that mainstream

OFTEN PROSECUTORS UNDERESTIMATE ME AS A YOUNG WOMAN. WHEN YOU GET UNDERESTIMATED, YOU USE THAT TO YOUR ADVANTAGE, ALLOWING THE PROSECUTORS TO UNDER PREPARE FOR – AND EVEN DISMISS — SOMEONE THEY THINK IS NOT UP TO PAR, WHILE YOU DO YOUR USUAL STELLAR WORK. firms might not have let us. We were allowed to learn as Assistant U.S. Attorneys and grow from that. Our skillsets and experience means each of us walks in the shoes with clients who have substantial business interests, since we have spent years as prosecutors investigating individuals of the same background. A large number of our clients are Fortune 50 who appreciate the ‘twofer’ of a good lawyer who is also a minority.” The team is under no illusions that their fantastic client roster and book of business has contributed to their success at Barnes & Thornburg. The firm and the group’s own clients “get” the business case for diversity. That success reinforces this compelling business case for diversity in the ranks of law firms. What really helps to embed diversity and inclusion in the practice of law, though, is the ability to ‘pay it forward.’ Maybe there’s another slot in hell, next to the one for women that Madeleine Albright referenced, for minority lawyers who don’t support other minority lawyers. The team at Barnes & Thornburg are conscious of the need to cultivate the next generation. It’s a particularly keenly felt point as far as trials go. When cases go to trial, there can be a situation where some general counsel might suddenly forget the compelling case for diversity and focus on who has the most experience and the most wins. But as Roscoe comments, “At some point you have to have your first trial. The trial lawyers are not the most important piece of a trial

- the facts are. If you have command of the facts, you are on your way to having command of the trial. Younger attorneys usually do the legwork in gathering the trial facts, so I tell young attorneys if you have command of the facts and are sure of them, that’s what gives you confidence in a trial.” The issue is making sure young attorneys actually get the chance to test that. Meena feels that both the firm and the White Collar team is focused on bringing diverse young associates on board at the firm. “We have two young associates in our D.C. office whom we brought on specifically to grow their trial skills. Now both of these attorneys are fourth year level associates and the goal is to get them into trial this year. Not many fourth year associates get that opportunity.” They are being groomed to run a trial and, eventually, run the practice group. However, as the lead attorney in a trial, it can be scary to let go of the reins, as Meena admits. ”Last fall, I sat “first chair” on a very large, complex, federal criminal trial in Cincinnati, Ohio. I was the most experienced person on the trial team, and I was with other lawyers who did not have my experience. Roscoe told me: “Just give them the confidence they need and let them go.” It was scary! I think lots of bigger firms get too scared to give people a chance. The junior associate did just fine and we won the case.” Now, that young attorney has both confidence and trial experience. It’s just how things are done at Barnes & Thornburg. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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#ADVANCING TOGETHER MCCA DIVERSITY GALA 2018 BY CATHERINE MCGREGOR

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THE FLAGSHIP EVENT IN MCCA’S CALENDAR IS ITS DIVERSITY GALA, WHICH CELEBRATES ACHIEVEMENTS IN THE PROFESSION THAT ARE ADVANCING INCLUSION AND DIVERSITY; THE IDEA BEHIND MCCA’S 2018 THEME OF #ADVANCING TOGETHER. THIS YEAR, AS LAST, THE EVENT WAS HELD AT THE AMERICAN MUSEUM OF NATURAL HISTORY. The Gala also serves as one of the main fundraising events for MCCA’s various initiatives including

its groundbreaking Lloyd M. Johnson, Jr (LMJ) Scholars program, which for 14 years has supported

promising diverse students through law school. LMJ Scholars helps fuel the pipeline of the profession, but we need more than pipeline to fully embrace change in the profession. The various winners

of the awards presented at The Gala demonstrates a range of creative ideas, which aim to practically effect change from the top down and bottom up. A signiﬁcant aspect in the success of these efforts is that personnel, diverse and not, are working together to make that change happen. As MCCA’s own mission statement for this year deﬁnes it - unless we advance together, change won’t happen.

The regional Employer of Choice winners show a range of approaches to this mission of working together for change; demonstrating the truth that there’s no one-size-ﬁts-all approach and that success needs to be cognizant of the existing culture but also the areas where culture needs to change. Freddie Mac, Mid-Atlantic Region: The company was honored for their Vendor Academy and supplier diversity policy, which helps to address how to engage and develop diverse vendors in their supply chain. Nationwide Mutual Insurance Company: Nationwide’s leadership development programs are designed to give employees the opportunity to explore different areas of the business and be exposed to leaders across the company. Nationwide was also the overall Employer of 22

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Choice winner and a more detailed proﬁle of their initiatives can be found on page 24-25. Gap Inc., Western Region: Gap Inc.’s relentless

efforts to increase diversity in the profession, including its own work to ensure the engagement and retention of its diverse talent, are a model for how organizations can make inclusion and diversity part of their core DNA. Honeywell

International

Inc.,

Northeast

Region: Honeywell has created extensive metrics to gauge the success of its diversity and

inclusion initiatives. The company’s secondment program is amongst the best and most innovative in the ﬁeld, providing valuable mentorship and development opportunities for diverse, high-potential legal talent.

CONGRATULATIONS, WINNERS

Nationwide Mutual Insurance Company

Morgan, Lewis & Bockius Proskauer

Michele Coleman Mayes New York Public Library

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EMPLOYER

CHOICE

WINNER

INTERVIEW:

NATIONWIDE

MCCA’S 2018 EMPLOYER OF CHOICE AWARD HONORS CORPORATE LEGAL DEPARTMENTS THAT HAVE MADE MEANINGFUL COMMITMENTS TO CREATING MORE DIVERSE AND INCLUSIVE WORKING ENVIRONMENTS. THIS YEAR, NATIONWIDE WON THE OVERALL EMPLOYER OF CHOICE AWARD. Nationwide, ranked 66 on the Fortune 100 list, has been championed for its work towards challenging the status quo of the workplace through hiring, retention, and development of diverse attorneys. Its leadership programs have been designed to give employees the opportunity to explore different areas of the business and to be exposed to leaders across the company. Through investment into internship, rotational opportunities and formal and informal initiatives, Nationwide continues to make great strides in the area of employee wellbeing. We spoke to Mark Howard, Executive Vice President and Chief Legal Ofﬁcer, on what motivates Nationwide to keep moving the needle on diversity and inclusion in the workplace. Diversity & the Bar: In what ways does D&I remain an important issue for corporate America? Mark Howard: The drive towards diversity & inclusion is still an important issue because, as the data suggests, the progress desired by many, particularly at the most senior levels, has not yet been fully evidenced. And so it would appear that realizing the beneﬁts many of us believe exist in a workplace of many different backgrounds and makeup must continue to receive concentrated focus. D&tB: What sets Nationwide apart from other companies in its D&I initiatives for employees? MH: While a number of leading companies have 24

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come to recognize optimal performance can best be achieved by recruiting diverse talent and having an inclusive workplace, I believe Nationwide has additionally placed an emphasis on developing talent and providing greater opportunities through rotations, internships and other techniques that are also important to achieving desired results. Many companies recruit a diverse talent base, but maybe have yet to put as much focus on the development of that talent. D&tB: Can you provide a flavor of your program highlights and any particular success stories? MH: Our D&I initiatives themselves vary in nature at Nationwide. Our department has a very popular D&I Council that represents members of our team from many different backgrounds, and that team sets an agenda for the kinds of groups and programs in which we choose to participate. Separately, our leadership team has specific actions on a routine basis designed to get to know our talent; whether it is a nice dinner or attendance at a sporting event, we find venues where we meet with our talent in an informal atmosphere. A recent success story of our department involved an individual who participated in leadership development activities through one of the D&I organizations we are involved in, and it resulted in his development of a skillset - public speaking - that was required for a new job opportunity.

2018

Without developing that focus on public speaking, that individual would not have been selected for this promotional opportunity he sought. D&tB: Over time, in what ways have you learned to become a better employer? MH: I certainly recognize that I still have a lot to learn as a people leader. It’s difﬁcult when I learn that certain members of my team from a variety of backgrounds are performing below their potential. As I continue to learn about those traits of individuals of various backgrounds that may be inhibiting their progress, I realize that those of us in leadership roles have the responsibility to understand these dynamics and proactively address them through tailored development that works for everybody. D&tB: How can leaders of organizations best impact workplace culture? MH: Leaders who bring a genuine interest in a healthy workplace for their teams to work in will stand a greater chance of favorably impacting their culture. It must not be a mechanical exercise, but a heartfelt, purposeful exercise of leadership. It requires an investment of time and attention to

make the difference we want. D&tB: What does the legal profession have to do in a practical sense to effect change? MH: It starts with having exposure to helpful initiatives, beginning at law school and continuing with the variety of opportunities presented by a lawyer’s internship with a ﬁrm or an in-house corporate position. After recruiting diverse talent, we must properly develop that talent, and build an environment where everyone, regardless of background, can succeed. It should not be a check-the-box exercise. D&tB: In line with MCCA’s theme this year, what are the ways in which the legal profession can advance together on D&I? MH: Participation and support in organizations like MCCA facilitate the legal profession advancing in the right direction. Formal mechanisms to advance leader development that are tailored to individuals with a variety of backgrounds and interests will go a long way towards achieving the desired results over the long term. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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THOMAS L. SAGER AWARD WINNER INTERVIEW: MORGAN LEWIS JAMI WINTZ MCKEON Diversity & the Bar: Where do you think the most pressing challenge in inclusion and diversity lies for big law firms like Morgan Lewis at the moment? Pipeline, retention, or promotion of diverse lawyers? Jami Wintz McKeon: All three are pressing challenges but if had to pick one I would say retention. We are in a war for talent, and great women have a lot of great choices. We do well on getting women into the profession, but keeping them there is harder. Women number only 25% of partners even at the most diverse big firms, and you can count on one hand the number of women chairs of major law firms. Law firms are not doing well in empowering talented women to reach a successful and logical end point of their careers. In the profession generally, women in-house are advancing much further and faster. But for lawyers of color, there is still work to do both in-house and at law firms, but especially at law firms. We now compete much more with clients for all of our talent, and some of our fantastic partners of color have gone on to be senior lawyers or general counsel at world class companies. To increase the number of female diverse lawyers, we need to focus on all three areas: pipeline, retention, and promotion. D&tB: The Morgan Lewis Foundation helps students from underrepresented groups during their second and third years of law school. Why was it important to focus on that stage in the pipeline? JWM: Historically, fewer numbers of lawyers of color want to go to law firms and stay there. Part of the solution to changing that is increasing the pipeline, bringing more people into law firms. That means we have to start convincing them on their potential in big law early. One of the ways to do that is go back to pre-law and find really strong students, get them familiar with big law and help them see the path for success there. It’s not an easy message as big law has the reputation as a place 28

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By Catherine McGregor where diverse lawyers don’t succeed. At Morgan Lewis we try to show that’s not the case through our own leadership makeup; we have me as the chair of the firm, multiple women who are practice and office leaders, and a nationally renowned female lawyer of color, Grace Speights, as the leader of one of our largest practices - Labor and Employment. D&tB: The foundation is notable in the fact that the scholarship does not tie candidates to Morgan Lewis. Why was it important to do that, and were there any challenges in getting buy-in to this? JWM: The foundation was established in 2014 with funds awarded to the firm for a pro bono case regarding government prejudice for African American families. Rather than sharing the profits in the firm, we established the scholarship. Since then, we have provided more than half a million dollars in scholarship money to diverse students. The scholarship is unique because it does not carry a requirement of joining the firm. It is our conviction that having these talented lawyers as part of the legal world, even if they aren’t at the firm, benefits the profession as a whole, and that helps us all. Our partners were and are entirely supportive of this, both in concept and in practice. D&tB: Inclusive leadership is central to achieving change in this regard. What are some of your key learnings as a law firm leader on how to best make change happen and to inspire others to do the same? JWM: There has been a real evolution in our profession. There was a period of time when clients came to law firms and wanted to see the number of our diverse lawyers as just a data point. The focus on numbers meant that no one was looking at the positions the diverse lawyers were actually occupying. This can silo people by putting them into buckets to fill a demographic requirement instead of picking the best person for that par-

ticular matter. Over time, both we and our clients realized that what you need (more than statistical representation) is an environment where people of all types feel included and can thrive. This is important because diverse teams are stronger and more creative. But it has to be more than tokens and numbers. Real diversity is achieved only where there is real inclusion, and real opportunity for all. To me, as a leader, it’s about making sure everyone is welcome, and everyone feels empowered to speak, to offer their own views and experiences. This also has the collateral benefit of enabling people to bring their best self to work, encouraging authenticity. This ensures the best working environment and that you get the best out of people. D&tB: Change needs to be top-down/bottom-up and resonate through the organization. How is Morgan Lewis making sure that all employees work in an inclusive environment and are engaged in the process of change? JWM: We are focused a lot on this. I firmly believe that diversity and inclusion should not just be about initiatives or programs but should be geared toward cultural change; every aspect of the firm has to be viewed through this lens. Our success in creating a truly inclusive environment can’t just focus on women or diverse lawyers, and it can’t just be the responsibility of women and diverse lawyers. It has to be the responsibility of everyone at the firm, and it has to permeate every part of the firm. We have just created a new position to further reinforce our commitment to engagement, aptly named the Chief Engagement Officer. Our Chief Engagement Officer has a threefold portfolio: 1) making sure every employee is engaged in the work of our firm and can thrive; 2) focusing on well-being at home and the workplace – because we are all human and we bring to work the joys and challenges we feel at home; and 3) supporting corporate social responsibility, because we are citizens of the world, and engagement means recognizing that we are part of something bigger than ourselves. D&tB: Do you see the focus for the firm’s inclusion and diversity efforts shifting in the future, and where

do you think future opportunities might be? JWM: Ideally, we will get to a point where we don’t have to focus on certain issues because we have achieved success in them. The more you can embed gender diversity in the management ranks of law ﬁrms, the less you may have to speak about it or work on it. When I think about the time before I started as a lawyer, many ﬁrms were not religiously diverse, but we don’t talk about that now because it’s not an issue. Hopefully we can get to that point with gender and race. Beyond that traditional view of diversity, what we need to look for is diversity of thought. As a profession, we don’t want people who all think the same way, have the same experience and the same background. We want to encourage innovation and thinking outside the box. One of the things our clients prize is the creativity of our lawyers, and we need to bring that same creativity to our profession to help bring a diversity of thought, experience, and viewpoint to the table. D&tB: Finally, has there been one experience that has inspired you personally in advancing inclusion? JWM: I feel like my entire career has been about that, but one experience stands out. When I was a relatively young partner, I ended up against an all-male team of especially obnoxious and condescending male counsel – really the worst stereotypes of a bunch of guys who were priding themselves in being guys and potentially winning against a girl. As a result of that, I put together an all-female team for this trial and we won really successfully, so much so that the judge wrote to me to say how much he enjoyed our success! The opposition really underestimated us because we were women and we took advantage of this attitude and lack of expectation. I think very few things are more effective in dealing with that type of behavior than winning and making sure you don’t let that type of behavior intimidate you. If that opposing team had been more diverse, if it had valued and not underestimated what others could bring to the table, it would have fared far better. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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THOMAS L. SAGER AWARD WINNER INTERVIEW: PROSKAUER JOSEPH LECCESE Diversity & the Bar: Where do you think the most pressing challenge in inclusion and diversity lies for big law firms like Proskauer at the moment? Pipeline, retention or promotion of diverse lawyers? Joseph Leccese: While all three are issues we need to address, pipeline is the most significant challenge because you can only retain and promote the people you attract in the first instance. Big law firms are in an intense global competition for talent, not just with other law firms but also with corporates, technology and consulting firms. The competition is particularly acute with regard to diverse candidates. That’s why part of our diversity and inclusion focus has been on going much deeper into the educational system, so we are not simply passive recipients of the candidates the law schools graduate. We have participated in or started numerous programs with high schools and undergraduate colleges to try to expand the pipeline. Students can be deterred from applying to law school if they do not understand the full range of opportunities presented by a legal career, if they are troubled by the additional cost and training time of law school, or if they do not relate to the messages they see in popular culture about lawyers. We think our outreach programs can demystify the profession and that the scholarship programs we and many of our peer firms have started can mitigate some of the cost concerns. As just one example, we are launching a new initiative for the summer of 2019 to recruit women – with a heavy emphasis on diverse women – to come to the firm for a week before law school. The agenda will give them a preview of what they will find in law school and, we hope, an advantage and a degree of comfort once they get there. D&tB: Your program at high schools shows the need to begin work on a diverse pipeline earlier to make sure great candidates don’t lose out or self-exclude. 32

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By Catherine McGregor JL: Yes, our high school programs are conducted in the cities where we have our largest offices: New York; Boston; DC and Los Angeles. These are locations with large high school populations where students could use a hand up. This effort is not aimed just at getting these young people into Proskauer; it’s more about expanding the pipeline for the profession generally. Even if these students end up at peer firms, we will still have made a contribution. Our aim is to capture the imaginations of these young people – to show them that the legal profession is not an insurmountable goal for them. D&tB: Inclusive leadership is central to achieving change in this regards. What are some of your key learnings as a law firm leader as to how best make change happen and to inspire others to do the same? JL: Humility is a necessary prerequisite, as is the realization that you will fail a lot. We have found that you only get change if you have buy-in from every level of the organization. Our junior associates and many of our staff are empowered with management and leadership responsibilities. Unless you have comprehensive buy-in, you’re not going to be able to provide individuals who may be uncomfortable in an office environment or in a professional services environment with the seamless experience you want. One bad experience can trump ten good experiences. You want everyone to believe in and embrace the cause, which has resulted in us breaking down the initial barrier of simply discussing the problem openly. Leaders need to listen. We talk about this a lot at partners’ meetings; at associates’ town halls; at associates’ council meetings; and at the affinity groups. If you let people into the tent and hear their ideas and view things from their perspective, then you get a variety of ideas. Most of the good ideas have been generated by more junior members of the firm. For example, our womens’ sponsorship program resulted from

a group of mid-level associates coming to see me and saying ‘we need more guidance.’ The diverse associates’ mentoring circles that start the first day of a lawyer’s arrival here came from diverse associates saying that ‘we need your focus from day one instead of waiting for it upon reaching the mid-level point’. D&tB: Change needs to be topdown/bottomup and resonate through the organization. How is Proskauer making sure that all employees work in an inclusive environment and are engaged in the process of change? JL: We have integrated our CSR programs with our D&I and associate programs because our CSR programs tend to very heavily involve our staff. For example, many of our staff participate enthusiastically in our veterans programs because they have sons and daughters in the military. Bringing the staff into the diversity programs has really helped to expand the organization’s entire perspective; it allows lawyers and staff to see each other in different lights and this finds its way into daily interactions. D&tB: Your CaRe initiative is very notable. How did you formulate this? Were there particular challenges in getting buy-in? JL: It came as an idea from those who needed it. Our young parents said their childcare duties were no easier on the 181st day after the birth, when they returned from parental leave, than they had been on 180th. Immediately ramping up to a full schedule of billable hours was unrealistic and costing us enormously valuable talent. We solicited their ideas, which resulted in the new CaRe program, which enables primary caregivers to work 75% of time but get 100% pay in the first 6 months following their return to work. Just getting people to give the initiative a try has been a huge boost: almost all those who tried it are staying on beyond that first six months. In addition to helping retain our young parents, the program has enabled us to make real progress in persuading people who anticipate having children, but don’t currently have children, from self-selecting out.

There was no resistance internally to the program. No one asked me how much it would cost. We started with the strong presumption that we needed to cast aside traditional thinking because that got us into a situation where young parents, and associates who didn’t have children but wanted them at some point, were self-selecting out because they didn’t think it was possible to do both. We thought the firm could provide the necessary support. One of the critical reasons for the success of the project is that we took its administration and enforcement out of the hands of the lawyers. We empowered our head of HR and Professional Resources, Joanne Ollman, to monitor it. She has full support from leadership, great credibility with the partners, and makes sure that no one overrides the policy. D&tB: Do you see the focus for the firm’s inclusion and diversity efforts shifting in the future and where do you think future opportunities might be? JL: As a profession, we are going to have to stay committed to this initiative for a long time. The focus may expand, as every generation seems to bring new displaced peoples. In the college admissions process, there seems to have recently been a move to a greater focus on socio-economic deprivation and the legal profession may follow there as well. The profession needs this: there are fantastic skills and perspectives that diverse lawyers bring. Their skillsets will be in greater demand in the next couple of decades than ever before. D&tB: Finally, has there been one experience that has inspired you personally in advancing inclusion? JL: My parents were first generation Americans so I find our associates’ journeys somewhat relatable. I didn’t go through the adverse experiences my parents did, such as getting denied a job due to ethnicity, so the fact that this group of diverse lawyers might have those experiences is unfathomable to me in this day and age. Institutions failed many prior generations of diverse lawyers. I don’t want Proskauer to fail this and future groups of diverse associates – I want our institution to facilitate success. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

THE INAUGURAL CHARLOTTE E. RAY AWARD RECIPIENT WAS MICHELE COLEMAN MAYES, VICE PRESIDENT, GENERAL COUNSEL AND SECRETARY OF THE NEW YORK PUBLIC LIBRARY. OVER THE COURSE OF HER CAREER, MAYES HAS HELD SENIOR LEGAL POSITIONS AT ALLSTATE CORPORATION, PITNEY BOWES INC, COLGATE-PALMOLIVE COMPANY AND THE UNISYS CORPORATION. MAYES IS KNOWN AS A NATURAL LEADER AND TRAILBLAZER IN THE LEGAL FIELD AND A TIRELESS CAMPAIGNER FOR DIVERSITY AND INCLUSION IN THE PROFESSION.

She has spoken and written thoughtfully over

the years on the particular challenges facing women of color in the legal sector.

By Catherine McGregor

Hughes’ poem “Harlem” - “What happens to a dream deferred?” - to frame Ray’s story.

Hughes’ poem was a cry of protest at racial

Her acceptance speech was notable in its

injustice in the United States in the 1950s;

the ﬁrst African American woman to practice as

of creative ideas and best practice, the need for

focus on Charlotte E. Ray’s own story. Ray was a lawyer. She graduated from Howard University in 1872 and opened her own law practice but

was forced to close it after a few years due to the prejudices she faced. Ray eventually moved

to Brooklyn and became a teacher, but was still active in women’s suffrage and in the National Association of Colored Women. Michele Coleman

Mayes poignantly used the line from Langston 34

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whilst this year’s award winners show a range

change is still pressing. As MCCA’s CEO Jean Lee remarked, the White House, under an adminis-

tration which is not, by any objective measure, seen as diverse, still has overall better statistics on the representation of minorities than the legal profession. The message is clear: if we don’t want

the dream to be yet further deferred, we need to work together to #advancetogether.

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D&B/TALK

COMMUNITY VIEWPOINT Be a Leader

By Sonya Olds Som

MY 10 YEAR OLD SON HAS BEEN STUDYING MARTIAL ARTS FOR A FEW YEARS NOW. HE’S VERY GOOD—HE’S BEEN AN INDIVIDUAL KARATE CHAMPION AND HAS BEEN RANKED NO. 1 IN THE COUNTRY IN HIS AGE GROUP IN A COUPLE OF CATEGORIES. AND HE’S A STRAIGHT-A STUDENT. BUT HE WAS STUCK AT THE GREEN BELT KARATE LEVEL FOR MUCH LONGER THAN HE BELIEVED HE SHOULD HAVE BEEN. HE WAS WINNING TROPHIES IN NATIONAL COMPETITIONS BUT NOT ADVANCING WITHIN HIS DOJO—WHY? You see, his sensei doesn’t believe in just rewarding the best technician with a new belt or handing them out on a schedule; he believes that being an individual contributor or champion isn’t enough. In order to earn higher belts, you have to show you are a leader— and not just a strong performer when there is a personal reward at stake for yourself alone. This concept was hard for my son to understand. While very kind and polite, my little only child had really only known how to truly take care of and look out for himself, and could sometimes struggle with demonstrating support for others. He learns quickly and could be impatient when seeing others struggle. He didn’t understand why others sometimes wouldn’t grasp a concept as quickly as he could. Sensei observed all of this. So, while my son would keep winning trophies, he stalled on getting higher belts. My husband and I had lots of conversations with our son about this, and with his sensei. Recently, sensei had an emergency at home and had to leave class unexpectedly. My son jumped up and said, “I’ll take care of the class! I’ll take care of the younger kids. I’ve got it handled”—and he did! He showed exactly how he can be compassionate and a leader in looking after others. In that moment, 1 36

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all of the lessons and conversations finally seemed to click and he started stepping up to help out without being prompted. Shortly thereafter, sensei promoted my son to a purple belt because he was finally consistently demonstrating his leadership abilities and that he understood what it means to truly be a part and a leader of the team. Not having the purple belt come easily to him, to really have to work for it, made the achievement all the sweeter (and now he is well on his way to a brown belt). While this story is about my 10 year-old son, every day I see seasoned in-house counsel struggling to understand why they aren’t a general counsel yet. They see themselves being passed over time and again – sometimes by people who appear to be less technically experienced - and don’t understand why. As a lawyer, you are smart and well-educated - that’s a given. Being a strong individual contributor/champion is table stakes in the legal profession. But if you want to be a general counsel or assume some other managerial or executive position – highly desired and fiercely competed for by other incredibly talented individuals - what is going to set you apart from the pack? What are the qualities that show you are ready for your purple belt, ready to truly be a leader of people? It’s true that having official direct reports is one of

the boxes we recruiters often look for candidates to check to be considered for leadership positions like becoming a general counsel, but you are not always going to have the opportunity to assume a formal managerial position within a (ﬂat) organization. While you may not be able to do anything about taking on a formal managerial role within your company, what you can try to do to improve your stature as a GC/managerial candidate is show how you use your ingenuity to step up and get something done that needs to be done or even take the time to learn something that others can beneﬁt from. Raise your hand and don’t wait for someone else to say “this would be great” or, worse, “this is now a problem. I wish we’d seen it coming and done something about it.” Don’t wait for an assignment or for a reward to be dangled in front of you. If you are committed to continuous learning - studying and listening to your industry, your company, your clients, shifts in both business and the law - opportunities to step up and make a difference will present themselves. In those moments, take action to address a need you see.

Some potential examples to consider: • LEARN AS MUCH AS YOU CAN about a topic that is or could become important to your legal team or company and present on it: perhaps even write a white paper, blog or manual that you will keep updated. • ARRANGE FOR A GUEST SPEAKER(S) from another department or outside of the company to talk to/do training for your team about a particular issue(s). • IF THERE IS A SHORT TERM NEED, see if you can bring in skilled interim help from whom you can learn and who you can manage (temporary management experience is better than none). • SCHEDULE A SOCIAL GATHERING and/ or a pro bono activity for your team and business partners. • PLAN PERIODIC OUTINGS to visit your company’s facilities and lead ongoing discussions about how to apply what you learn about the business to your team’s legal work. • MAKE INTRODUCTIONS FOR people on D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 8 | W W W. M C C A . C O M D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

2 37

MANY GCS FIND THAT THEY NEED TO DO THE UNEXPECTED LIKE LEARN ABOUT AN ADDITIONAL COMPANY OR INDUSTRY DUE TO M&A ACTIVITY OR TAKE ON AN ADDITIONAL CORPORATE RESPONSIBILITY, SO THE SOONER YOU DEVELOP A NIMBLE “CAN DO” ATTITUDE THE BETTER.

•

your team to others inside and outside of your company that can help their career. SUGGEST SOMEONE ELSE on your team for writing/proﬁle/award/event attendance/ speaking opportunities rather than keeping all of these opportunities for growth to yourself. BE A CHEERLEADER/BOOSTER for others. Celebrate and promote their successes!

You can (and should) also demonstrate your leadership skills outside of your organization. If you are involved with a nonproﬁt, such as a charity or bar association, take the initiative to be the leader on a committee or project. And see if others in your company might like to participate as well. No candidate can check every single box. If you can be creative and try to check boxes in different ways, instead of just saying when interviewed, “No, I’ve never managed anyone,” you can truthfully say, “Not in the traditional sense, but I have led initiatives like the following for my [legal department, board, bar association, etc.]” It’s better to have other things to talk about to keep the conversation going and see where it might lead than nothing at all and come to an automatic dead end. Mind you, this strategy may or may not help you land a particular position when you are competing with a candidate who has formal managerial experience, of course, but at least you will have given it your all, and eventually it may be enough to get you the job. You simply need to show you are 38

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trying and are curious, positive, energetic, creative, motivated—these are qualities that show a recruiter

that you have the grit and personality to come to

the table with the desire and ability to grow and stretch as needed. Many GCs ﬁnd that they need

to do the unexpected like learn about an additional

company or industry due to M&A activity or take on an additional corporate responsibility, so the

sooner you develop a nimble “can do” attitude the better.

The sign of true leadership is not having the

title; it’s being able to put yourself forward and do

things that require a leader that are outside your re-

sponsibilities, and perhaps outside of your comfort

zone. I know you can be an individual superstar, but can you and will you selﬂessly, fearlessly seek

out opportunities to jump in to support and lead

others, put others forward? That’s what my clients and I are looking for in general counsel and other legal leaders. Sure, you’re a champion, but are you ready for your purple belt?

SONYA OLDS SOM ssom@mlaglobal.com Sonya Olds Som is a Partner in Major, Lindsey & Africa’s Chicago/Midwest ofﬁce and is primarily responsible for strategizing and leading networking, business development and marketing initiatives for their In-House Practice Group team throughout the Midwest.

D&B/TALK

INTERNATIONAL FOCUS myAccessHub, Ireland By Miriam O’Sullivan

MYACCESSHUB IS A TRAINING PROVIDER AND CONSULTANCY BASED IN COUNTY KERRY, IRELAND, WHICH PROVIDES ONLINE SOLUTIONS TO COMPANIES THAT EMPOWER THEM TO INCREASE ACCESSIBILITY FOR THEIR EMPLOYEES AND CUSTOMERS WHO ARE NEURODIVERSE. CO-FOUNDER MIRIAM

O’SULLIVAN TELLS US ABOUT THEIR WORK AND THE IMPORTANCE OF EMPLOYERS TAKING NEURODIVERSITY INTO ACCOUNT TO MAKE SURE THAT THE FULL TALENT POTENTIAL FOR EMPLOYEES AND FUTURE EMPLOYEES IS ACCESSED. Neurodiversities impact at least 10% of every population; however, particular sectors such as technology experience greater levels of Neurodiversity compared to others. Neurodiversity is an umbrella term that encompasses diagnoses such as: Autism Spectrum Disorders, Dyslexia, Dyspraxia, Attention Deﬁcit Hyperactivity Disorder, Tourettes, and others. It is also important to note that due to a lack of awareness and knowledge there are many adults who continue to live their lives undiagnosed with Neurodiversities; however, they also experience barriers to accessibility within society and employment. 13% of the population have a disability and in recent years we have seen a shift in focus to create an inclusive society for those living with disabilities. The initiatives that have largely been put in place include wheelchair ramps, widened doors, lowered countertops at checkouts and automatic doors, to name but a few. All of these initiatives reduce barriers to accessibility for people with disabilities; however, these are only for those with physical disabilities. 75% of those with disabilities have an invisible disability; therefore, the above initiatives are largely irrelevant in the reduction of barriers to inclusion within society. People with invisible dis-

abilities face two types of barriers to inclusion within society: awareness and environment. The lack of awareness among the general population leads to the development of stigma and isolation for those with Neurodiversities. The environment is an element that proves difficult for many people with Neurodiversities due to the sensory stimulation that is received. However, controlling the environment is a task that can be completed easily and efficiently. As a result of the lack of focus on invisible disabilities and the presence of this population within society and the workplace myAccessHub decided to develop a solution for employers that would facilitate the development of an environment and culture that is accessible and inclusive. The implementation of Diversity and Inclusion policies is a task that requires a holistic approach to ensure that policies are developed in an efficient and effective manner. Diversity and Inclusion has become a hot topic in recent years amongst many international and global companies with small to medium businesses following suit. However, the development of these policies, in the majority, appear to only take into consideration two elements of diversity and inclusion: gender and ethnicity. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MEASURABLE IMPACTS HAVE BEEN ESTABLISHED WITHIN LITERATURE WITH MANY STATISTICS ARISING THAT PROVIDE THE BUSINESS CASE FOR EMPLOYING THOSE WITH ASD. FIGURES HAVE SHOWN THAT WHEN MATCHED TO A SPECIFIC JOB ROLE, PEOPLE WITH ASD ARE AT LEAST 48% TO 140% MORE PRODUCTIVE AND EFFICIENT COMPARED TO THEIR NEUROTYPICAL COLLEAGUES. Many initiatives have been put in place to encourage women and people of different ethnic origins to enter the workforce and progress their career. Companies are very proud of their maleto-female ratios and they pay particular attention to employees in managerial roles. It has become a key element of business to balance the scales concerning women in the workplace. Ethnicity has seen similar initiatives and many barriers to entry have been removed for people from a variety of cultures. However, the remit of disability, particular to those with invisible disabilities, is yet to be explored to its fullest potential. Neurodiversity within companies is not yet being considered to the extent to which it should be. The presence of Neurodiversity within the workplace is currently at a minimum of 10% and with the growing numbers of diagnosis this figure is set to rise in the near future. People with Neurodiversities bring many benefits to an organization and engaging in increasing accessibility for these employees can result in benefits for the organization. The benefits of increasing accessibility are twofold; it benefits the employer but also the employee. Irish society is secluding a population that brings great value to a business. Many international and global companies have received the benefits of employing those with Autism Spectrum Disorder (ASD), with JP Morgan Chase, Microsoft and EY being some of the leads in this area. JP Morgan Chase pride themselves on employing 40

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those with ASD, however, one key aspect here to note is that jobs are not created for this cohort but rather they are matched to positions currently available within the organization. This removes the element of charity for the employee with ASD and the organization, and it also ensures that the employment is sustainable and not a token piece connected to Corporate Social Responsibility (CSR) initiatives. Measurable impacts have been established within literature with many statistics arising that provide the business case for employing those with ASD. Figures have shown that when matched to a specific job role, people with ASD are at least 48% to 140% more productive and efficient compared to their Neurotypical colleagues. The adaptations required by people with ASD to have the opportunity to access an environment are minimal. CIPD states that 59% of adaptations required did not cost the employer anything to implement. James Mahoney, Executive Director and Head of Autism at Work at JP Morgan Chase, also identified that the most requested adaptation on the Autism at Work program were noise cancelling headphones; again, a very minimal cost to an employer. Therefore, the minimal costs associated with increasing accessibility for those with ASD are greatly outweighed by the benefits received from the employee. The results have been so staggering for companies like JP Morgan Chase that they have committed to growing and scaling this initiative across the majority of their workplac-

es. Initiatives similar to this have grown by over 2,000% in only a four year period - thus, the results speak for themselves. Managers who take the initiative to increase accessibility for those with ASD will impact current and future employees who are Neurotypical and Neurodiverse. Results show that companies who undertake meaningful Neurodiversity initiatives attract higher standards of potential employees compared to organization who do not engage in such activities. Some of the beneﬁts of increasing accessibility for those who are Neurodiverse and speciﬁcally those who have Autism Spectrum Disorders include: INCREASED STAFF RETENTION Employing those with ASD with appropriate environmental conditions that best meet their sensory needs helps to retain staff in that position for longer. People with ASD generally do not like change; thus, if an employer or HR manager ensures they are happy within their environment it is only natural that the person will remain within that position for a longer period of time. INCREASED PRODUCTIVITY When people are matched to a position that is based on their strengths and are located within an environment that meets their sensory need their productivity will increase and exceed that of their colleagues. This is applicable when accessibility initiatives have been completed. Comparisons can be drawn pre- and post-accessibility interventions to substantiate these results in each individual organization. DECREASE IN ABSENTEEISM When managers ensure that an environment is suitable to their employees and employees are happier in their position, HR managers will see an instant decrease in absenteeism. Providing an environment that is accessible eliminates the need to avoid or take a break from that environment.

ATTRACTION OF NEW AND DIVERSE TALENTS Employees of the millennial, Generation X and Y subsets are beginning to demand more from their employers with the company culture coming under scrutiny from potential employees. Research has shown that organizations who adopt a culture of Neurodiversity not only attract higher standards of talent pools of those who are Neurodiverse, but they also attract a higher standard of talent pool of those who are Neurotypical. It is widely known that a diverse workforce brings greater competitive advantage to a company and Neurotypicals want to be involved with these types of companies. Results have shown that 100% of people with ASD would specifically apply to an organization if they became aware that the company had completed accessibility initiatives. These results are key to companies when assessing and developing strategic development plans. In order to meet the needs of clients, myAccessHub have developed a scalable solution that utilizes video animation and Virtual Reality to reduce or eliminate these barriers to accessibility for people who are Neurodiverse. myAccessHub adopts a top-down approach to roll out so as to ensure commitment and filtration of the concepts of inclusion that will become embedded into the culture of the organization. The implementation of Neurodiversity into a company’s Diversity and Inclusion strategy is key for their current and future developments. Employers receive benefits that are not only measurable but also impact on the profit margins of the company; thus, increasing accessibility for employees who are Neurodiverse makes good business sense. MIRIAM O’SULLIVAN

HELLO@MYACCESSHUB.IO Miriam O’Sullivan is the co-founder and CRO of myAcessHub. She has recently completed her MA in Autism and Technology. She has over ten years experience working with adults and children with autism. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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By Ca th

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CR EA TIN G TO PA TH DIV WA ER YS SIT Y2 01 8

The 2018 Creating Pathways to Diversity® Conference was held October 1 – 3, 2018 at the New York Hilton Midtown Hotel and brought together over 400 lawyers from law firms and in-house. The 2018 Pathways conference was the first to take place since the momentous changes of #MeToo and #TimesUp became global phenomena. What these movements revealed is that, despite rhetoric and initiatives, many organizations remain shackled to cultural norms which inherently propagate discrimination. This structural embedding of discriminatory practices is an area that the legal profession, both in-house and in law firms, is as guilty of as any other sector; a fact starkly revealed by MCCA’s recent report undertaken in conjunction with the ABA Commission on Women in the Profession: You Can’t Change What You Can’t See. Key points from this report were discussed in a plenary session on day two of the conference. What is significant from the findings of the report is the way in which different aspects of discrimination cut across different identity groups with women of color, suffering the most because of the intersectionality of disadvantages being played out in the way they are treated. This topic of Intersectionality was covered in the opening plenary on day three of the conference where a distinguished panel of diverse women lawyers from legal departments and law firms discussed how intersectionality practically plays out in the workplace and what could be done to address challenges women of color face. Of course it’s back to our overarching theme of culture change. Culture Change, as an organizational project, was discussed in the opening plenary, which featured thoughts from experts in culture change, in-house counsel and Big Law. The panel considered how initiatives need to meld with leadership objectives and a strong commitment to change, even if that change is uncomfortable. Every culture is produced by people and change within an organization can be a mammoth task but what about popular culture itself? Our plenary, Taking a Knee

to Take A Stand looked at the impact of Colin Kaeper-

nik’s protest against the treatment of African Americans

in the US inspired by Black Lives Matter and the resulting hugely successful Nike campaign. What role can and

should corporates play in supporting wider movements for cultural change and ﬁghting against discrimination was a topic for consideration.

The notion of culture change is a broad one and was

dealt with in varying forms across most of the plenary sessions and many of the breakout sessions. The

breakout sessions featured topics ranging from #MeToo One Year Later: Lessons Learned and Best Practices; The Globalization Challenge: How Does Diversity and

Inclusion Look Around the World?; Creating An Inclusive Environment For Attorneys With Disabilities and Devel-

oping Best Practices; and Hiring, Firing and Inspiring Outside Counsel.

During the conference MCCA’s Rising Star Awards

2018 were presented to talented up-and-coming diverse

lawyers from law ﬁrms and legal departments. The Rising Stars were proﬁled in the Fall issue of Diversity & the Bar.

Also presented during the conference was The

George B. Vashon Innovator Award, which is presented to companies (not in the Fortune 1000) and/or law ﬁrms

(less than 500 attorneys) that have led the way with in-

novative best practices to assist diverse attorneys. It is

named for scholar, abolitionist and lawyer George B. Vashon, who was the ﬁrst licensed African American attorney in New York State (1848) and one of the ﬁrst

admitted to practice before the U.S. Supreme Court

(1867). This year the award was presented to two law

ﬁrms, Beveridge & Diamond and Shook, Hardy & Bacon. Both winners are proﬁled in this issue starting at page 46.

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BEVERIDGE & DIAMOND The George B. Vashon Innovator Award is presented to companies (outside of the Fortune 1000) and/or law firms (with less than 500 attorneys) who have shown to lead the way with innovative best practices to assist diverse attorneys. The award is named for George B. Vashon, a scholar, abolitionist, and lawyer who was the first licensed African American lawyer in the NY State (1848) and was one of the first attorneys admitted to practice before the US Supreme Court (1867). Two winners share this year’s award; law firms Beveridge & Diamond and Shook, Hardy & Bacon, highlighted for their respective efforts in recruitment, retention, promotion of diverse lawyers and for the implementation of practices which impact and break barriers to entry for diversity attorneys. We spoke with Nessa Horewitch Copping, D&I Principal from Beveridge & Diamond and Madeleine McDonough, Chair of Shook, Hardy & Bacon as to why diversity and inclusion remains such an important issue and what they have learned from successes and failures in walking the D&I talk. VASHON AWARD - BEVERIDGE & DIAMOND Diversity & the Bar: Congratulations on your win. Covering the basics, why do you think Diversity and inclusion remains such an important issue for corporate America? Nessa Horewitch Coppinger: D&I remains an important issue for corporate America because our society is diverse. Corporate leadership should reflect our diverse society; and diverse teams lead to better outcomes. Diversity is critical to corporate success. D&tB: What sets Beveridge & Diamond apart from other firms in its implementation of innovative and creative D&I initiatives – what do you think gives you an edge? NHC: While there are certainly a lot of firms doing great work in this space, at B&D we have truly made D&I a core value for more than a decade, and in doing so have been willing to get out in front on D&I issues. Ben Wilson, our firm Chairman, is a leading advocate for diversity in the legal profession. B&D is

By Jodi Bartle

small enough that we are not bound by rigid policies, but big enough that we can devote resources to making change. We pride ourselves on being forward thinking in all aspects of our professional lives, and that includes D&I. D&tB: Can you provide a flavor of your programme highlights and any particular success stories? NHC: We have created very successful partnerships with our clients and diversity-related organizations that we think help us “advance together” - which is incidentally MCCA’s theme this year. For example, we partner with a host of external organizations such as the Leadership Council on a Legal Diversity, National Association of Women Lawyers, National Bar Association, and of course MCCA, to support our diverse attorneys, educate our firm, and develop the pipeline of diverse attorneys. We also stress inclusion at the firm – for example, we spent a lot of time over the past few years improving communication and helping connect our people and offices in meaningful ways. One of our biggest successes has been our flexible work arrangements. We have seen very promising attorneys stay with the firm because we’ve worked together to find arrangements that suit people’s varying needs. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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WE ALL HAVE A ROLE TO PLAY IN ADVANCING DIVERSITY AND INCLUSION IN THE LEGAL PROFESSION. LAW FIRMS AND CLIENTS NEED TO CHALLENGE EACH OTHER TO DO BETTER. WE ARE ALWAYS VERY EXCITED WHEN ONE OF OUR CLIENTS FINDS A NEW WAY TO PROMOTE DIVERSITY AND INCLUSION IN THE PROFESSION... D&tB: In what ways have you learnt from your failures and successes over time in the process of implementing D&I? NHC: We try to measure whether what we do is working so we can see where our resources are best spent. For example, every two years we conduct a wide-ranging firm-wide survey on a host of D&I related issues. We use the results of that survey to set priorities for the next two years and to see whether our focus on certain issues has resulted in improvement as reflected in the survey. We’ve learned that the most important way to progress is to start by listening. D&tB: How can leaders best impact workplace culture? NHC: I think the best way for leaders to impact workplace culture is to lead by example. It is not enough to talk about the importance of a diverse and inclusive workplace; leaders must “walk the walk” by demanding diversity in their organizations. At Beveridge & Diamond, we take this to mean: • Adequately funding D&I initiatives, including pipeline initiatives, involvement with external organizations, and internal inclusion and training efforts; • Being forward-thinking and mindful of diversity in leadership development and succession planning (and considering such issues in shareholder compensation); • Attending and participating in D&I events and promoting them within the firm; • Actively raising D&I issues during discussions with shareholders and clients; • Willingness to take on innovative D&I programs with clients.

D&tB: What does the legal profession have to do in a practical sense to effect change? NHC: So many things need to change, but practically I think there are a few key things we can do now. For a start, we need to focus on building the pipeline of diverse attorneys. Clients need to demand that firms not only have diverse teams, but diverse lead or relationship partners. We need to share origination credit at firms, and we need to become aware of and be willing to challenge implicit bias as it plays out in our workplaces – allies are the key to change here. D&tB: Do the concepts of ‘diversity’ and ‘innovation’ have a connection? NHC: There are plenty of studies that demonstrate that diversity leads to better outcomes. When you have ideas coming from a group of people who have different life experiences, different perspectives, and different priorities, you are more likely to come up with truly innovative ideas. But, everyone has to be open to listening and to doing things differently. D&tB: What are the ways in which the legal profession can advance together on D&I? NHC: We all have a role to play in advancing diversity and inclusion in the legal profession. Law firms and clients need to challenge each other to do better. We are always very excited when one of our clients finds a new way to promote diversity and inclusion in the profession, and we have piloted several D&I-related client-driven initiatives. Our clients challenge us to staff matters with diverse lawyers, and we challenge them to choose diverse lawyers to be relationship partners and lead lawyers on their matters in order to advance diverse lawyers at firms - not just at Beveridge & Diamond. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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SHOOK, HARDY & BACON Diversity & the Bar: Congratulations on Shook, Hardy & Bacon’s Vashon Award win. Covering the basics, why do you think D&I remains such an important issue for corporate America? Madeleine McDonough: At Shook, Hardy & Bacon, we believe a company delivers its best services with a diverse workforce in every piece of an organization. Despite progress made as a country with respect to equity and equality, the upper ranks of most organizations do not reflect equity or equality of race, gender, religion, sexual orientation, sexual identity and differently-abled citizens. Our differences continue to divide us. As lawyers – the keepers of democracy and the profession in continual pursuit of justice – we have a responsibility to model the diversity and inclusion we seek within our profession and communities. Studies prove that teams perform better and businesses yield better results when the talents of diverse and inclusive teams are leveraged. We must be focused on creating work environments where all talents are fully utilized. D&tB: What sets Shook, Hardy & Bacon apart from other firms in the implementation of D&I initiatives? MM: We focus first on our people – our clients, colleagues, future candidates and communities. Our best practices and solutions drive us to address the root causes of diversity and inclusion issues. We thrive from learning new approaches in other industries and we revise and re-engineer programs to address the changing needs of our organization. An example of this is our Diversity & Inclusion Commitment Plan, a tool that has won numerous awards in past years. When the Plan was initially launched, it was used to expand awareness, knowledge and understanding of diversity and inclusion issues, and has expanded to require education and leadership development to ensure our organization is equipped to leverage our talent and expand our inclusive environment. Another example is a newly launched Shook Diversity Scholars Institute program. During a two-day initiative, Shook attorneys mentored a dozen diverse law students allowing mentees to gain firsthand knowledge of trial and deposition skills and partic-

ipate in a development program that focused on how to achieve success in law school and their career following graduation. D&tB: Madeleine, can you provide any success stories you are particularly proud of? MM: The collaborative and diverse work teams we have throughout the firm, supporting clients, leading business initiatives, and serving in leadership roles are our success stories. We were one of the first firms to establish a Diversity Committee and hire a full-time Diversity Director. Our commitment to D&I has been an important aspect of our firm culture for years, and it is clearly represented in the success of our teams. Today, women and minorities hold 47% of our firm leadership positions and women lawyers manage or co-manage 50% of our city offices. Shook’s commitment to promoting leaders from a variety of backgrounds extends to the highest levels of the firm. Shook’s Executive Committee is comprised of eleven members and five are women. We have an open compensation system, a structure utilized well before the national focus on pay equity. Our compensation system and performance evaluation systems are tied to our D&I initiatives and outcomes, and have been for more than a decade. As proud as we are of our progress, we recognize we still have a long way D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

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to go in our journey. We our constantly challenging ourselves, our profession and our community to intentionally grow and develop cultural competencies. D&tB: In what ways can leaders best impact workplace culture and how important is it that the firm keeps assessing its performance in this space? MM: Leaders must demonstrate inclusive behavior, model inclusion competencies and must be visible champions for the organization’s D&I strategies. Every leadership action is an opportunity to advance an inclusive environment; leaders must be mindful of making the right choices, but not afraid to adjust programs as organizational needs or community needs change. It’s very important for us to continually assess our progress to determine how to reprioritize initiatives, revise programs, or adjust our strategy. D&tB: In what ways have you learnt from failures and successes over time in the process of implementing D&I at your firm? MM: We have to remain agile and flexible, purposefully monitoring our progress. Culturally competent leaders who are actively engaged in our D&I initiatives are critically important to the execution of our strategy and vision. Programs that have worked well at one stage have been revised or retired at another stage. Our greatest successes have come from planning program replacements two or three years ahead of implementation. Program success or failure ultimately comes down to the people – how do they feel about their work environment and their opportunities? D&tB: What does the legal profession have to do in a practical sense to effect change? MM: To effect practical change, the legal industry needs to value talent development and inclusive leadership to the same extent it values revenue generation. We must look at our systems and processes and identify how those processes may serve as barriers to an inclusive work environment and improving diversity. The recent release of the ABA Committee on Women in the Profession and MCCA Bias Interrupters provides a tool kit for our industry to address systemic issues. These tools help us, as a profession, step away from intellectualizing D&I issues and step toward inclusive actions in our business processes. Tracking metrics is

one step to effect change, but creating accountability within business teams to address systemic issues effects real, tangible organizational change. D&tB: Do the concepts of ‘diversity’ and ‘innovation’ have a connection? MM: Diversity provides different perspectives and experiences, which result in better problem solving and innovation. For example, Starbucks recently launched a café specifically equipped to serve deaf patrons. The concept was developed by a diverse work team, who collectively crafted a different customer experience. Diverse work teams, coupled with inclusive cultures and behaviors, allow organizations to fully leverage the benefits of a diverse workforce and clientele. D&tB: What are the ways in which the legal profession can advance together on D&I? MM: Successful lawyers collaborate within their own firms to achieve positive results for clients; it is now time the legal profession worked together across firms to improve lack of diversity. The world is always shifting and legal professionals need to adapt to stay ahead to most effectively serve our clients. Enhancing diversity pipelines and access to comprehensive professional development are key to resolving the diversity dearth. No one law firm can handle these issues independently and make meaningful progress in the legal industry. We need to align for engagement, advancement and success. D&tB: Finally, Madeleine, you refer to the workplace culture at SH&B as aiming to be one where people can ‘belong’, rather than just ‘fit in’. How are these two approaches different? MM: Belonging comes from receiving permission and encouragement for an individual to show up as a whole person—embracing and celebrating their unique contributions and perspectives, and the value they bring to the team. Shook is committed to building an inclusive environment where all individuals are able to find success by being their authentic selves. Our clients and communities are themselves diverse; and as attorneys, we are often asked to collaborate across borders and practices to solve complex problems. “Fitting in” implies the bare minimum of involvement and not excellence in culture or performance. D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

D&B/TALK

COMMUNITY VIEWPOINT The Value in Non-Linear Career Paths By Randi Rosenblatt

IF YOU SURVEY A GROUP OF ATTORNEYS AS TO WHY THEY INITIALLY WENT TO LAW SCHOOL, YOU’LL RECEIVE A MYRIAD OF ANSWERS — EVERYTHING FROM “I WANTED TO DEFEND THOSE WHO COULD NOT AFFORD A DEFENSE,” “I WANTED TO SAVE THE WORLD,” AND “I WANTED TO ADVISE COMPANIES AND STRUCTURE DEALS,” TO SOME LESS SUBSTANTIVE, ALBEIT TRUE, RESPONSES SUCH AS “MY BEST FRIEND WAS GOING,” “I DIDN’T KNOW WHAT ELSE TO DO AFTER COLLEGE,” AND “MY MOM AND DAD TOLD ME TO.” AN INTERESTING FOLLOW-UP WOULD BE TO TRACK THE CAREERS OF THOSE SAME ATTORNEYS: WHAT ARE THEY DOING NOW? Icons such as Mahatma Ghandi, Andrea Bocelli and Henry Matisse are (or were) all lawyers who pursued the arts. Lloyd Blankfein, Debra Lee and Kenneth Frazier are all lawyers who pursued business. Like any career, preferences and intentions change over time — but how many attorneys have, intentionally or unintentionally, taken a path different from traditional legal practice? The past ten years have been transformational in the legal industry. Traditional opportunities are fewer and more competitive, while the presence of innovative players continues to grow exponentially. Large law ﬁrms have smaller associate classes and the path to partnership is longer and statistically unlikely to result favorably for any given attorney. Government jobs are also harder to secure due to lack of funding and constant hiring freezes. Then, there’s the plain truth in that some attorneys just don’t want to practice law in the way they intended. The change in legal market conditions, the entrance of various new legal models, and, in many cases, attorneys simply craving the chance to work differently, has led to a new and different landscape. A few years after college, I decided to go to law school with the intention of coming out as a litigator. I liked the idea of using reasoned arguments to 1 52

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build a case — and I loved to binge watch Law & Order. Throughout law school, business school and summer experiences, my focus changed. I decided to practice corporate law — first at two law firms and then at a company, but a few years in I found my career entirely dissatisfying and that left me at a complete loss as to what came next. Supposedly, I could do “anything” but felt as if the one thing I was truly qualified to do was just not a fit for me. I started digging around (as any good lawyer would) and that’s when I started to see what “anything” might look like. I am fortunate to have landed in a role that utilizes my skills and interests in meaningful and fulfilling ways. Interestingly, as the Director of Business Development for a legal recruiting/secondment firm, I am a daily witness to others pursing non-linear paths, and it’s an amazing thing to be part of. There are practicing attorneys who now want to prepare and conduct legal trainings, there are attorneys who want to go into diversity and inclusion roles at law firms, there are men and women who have taken years off and want to return to the practice, there are former law firm associates and partners who want to manage legal operations teams, there are those who

formally retired but want to keep practicing law in some way, and there are those who want to be artists, writers, wealth managers and entrepreneurs while still taking on sporadic projects. Through my own non-linear path and those I witness, the lessons are clear: 1. VIEW A LAW degree and any associated legal training as preparation for, rather than as a hindrance to, other opportunities. 2. REALIZE THAT YOU do not need to make a permanent career choice. You can modify your path any time. 3. YOU CAN RETURN to the practice of law. While it may not be simple, you can leave the law to pursue other interests and return later on. The door doesn’t close and lock behind you. 4. AS LAWYERS, WE are well-equipped to pursue various opportunities. If we think more creatively than we are taught to think, we will be able to leverage our training and experiences to ﬁt other needs. 5. THOSE WHO FOLLOW non-linear paths in

search of professional satisfaction are more likely to ﬁnd it than those wait for the opportunities to fall in their laps. 6. GOING TO LAW school does not actually require you to practice law. 7. THE LEGAL LANDSCAPE is continuing to change, availing lawyers of new and different opportunities in the industry. Non-linear career paths may sometimes be intentional and other times be necessary. Either way, they provide a lens worth looking through to ﬁnd enlightening opportunities that you may never have otherwise encountered. RANDI ROSENBLATT rrosenblatt@blisslawyers.com

Randi Rosenblatt is the Director of Business Development at Bliss Lawyers. You can reach her at rrosenblatt@ blisslawyers.com. The views expressed in this article are attributable to the author and not Bliss Lawyers or any other organization.

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MCCA General Counsel Survey 2018

MCCA 19th Annual General Counsel Survey 2018

Change is coming. As the late Nina Simone would sing: Everything must change. Nothing stays the same. By Jodi Bartle

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MCCA General Counsel Survey 2018

If every moment in time has a kind of cultural and political pulse, especially viewed in hindsight, what then to make of 2018? November’s mid-term election results marked a significant shift for diversity and inclusion: commenting on the outcome, Laurence Tribe, Constitutional Law Professor at Harvard University, stated that: “The rise of minority rule in America is now unmistakable”. And with more women and minorities helming the top legal spot in Fortune 1000 companies as our MCCA annual General Counsel Survey shows, the tide appears to be turning. Certainly, 2018 has been a record year for diverse representation and political upheaval as a cascade of significant firsts swept over the nation, bringing with it progressive, diverse, new candidates in congress and into the courts. Women and ethnic minorities ran in record numbers, and the roll call of new congress members now boasts 100 women (many of whom are also minorities) and include attorney Sharice Davids, the first Native American and gay woman to hold that position, Jared Polis, the first openly gay man to win a governors race, and Alexandria Ocasio-Cortez, the youngest woman ever to be elected to congress. In Texas County, 19 black women ran for the position of judge, and all 19 won. As Nina Simone sang: everything must change, nothing stays the same. Contrast this new mood with that of 1999 when MCCA first began its annual General Counsel Survey, which tracks just who is heading the legal departments of Fortune 500 and 1000 companies each year. As to cultural and political temperature, it was the year Bill Clinton’s Supreme Court impeachment trial began, the Columbine High School massacre occurred, John and Carolyn Kennedy died in a plane crash over Martha’s Vineyard, Napster got sued by the RIAA, and Lance Armstrong won his first Tour De France. And in that year there were only 11 minorities helming the GC post at Fortune 500 companies. Since that first survey, America has experienced extreme political flux, weathered the global financial crisis and endured constant technological overhaul. The Obama administration and the Trump era have marked out clear oppositional camps that divide the country; one, open to difference and change, and the other, more hostile to both. Change and progress for minority lawyers has occurred steadily since the survey began: the twin concepts of diversity and inclusion have evolved for many businesses from lofty goals into good business sense, and ethical and responsible corporate behaviors have become outwardly requisite. While the migration of women and minority lawyers into GC position from then until now has been slow progress, there has been some progress.

CHANGE - WHAT DOES IT TAKE?

MCCA’s vision is to make the next generation of legal leaders as diverse as the world we live in. The 2018 General Counsel Survey results suggests there is still work to be done to effectuate the changes needed; the question is both what do we need to do, and how should we do it? What does it take to really make a change in an established, institutional, risk-averse framework, which has been shored up by a one-dimensional status quo? With numbers of women and minority GCs in 2018 rising, there’s undoubtably a new guard pushing through the ranks, secured by investment into deliberate succession planning and pipeline building. Visibility is key; as year on year the numbers of diverse GCs have increased, so too has the impact of role modeling at the top job for those following not too far behind. If you can see it, you could very well one D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA General Counsel Survey 2018 day be it; visibility has been an enormous factor in the progressive leaps for minority lawyers since MCCA began tracking GC numbers. Stuart Alderoty, EVP, GC and Corporate Secretary of CIT (ranked 658 on the Fortune list) and MCCA board member, says it only takes a few minority lawyers to visibly break through the ceiling to get the coveted GC role which fundamentally alters the landscape for others. “But that will only come through a commitment to hiring, mentoring and promoting minority candidates from those currently in positions of power and a commitment from those who beneﬁt from that hiring, mentoring and/or promotion to continue to pay it forward,” he cautions. “Amongst the most pressing challenges to diverse lawyers are overcoming implicit biases and institutional barriers which require diverse lawyers to navigate a path without a role model or mentor.” Craig Glidden, EVP, GC of General Motors (ranked at 10 on the Fortune 1000 list) and board member of MCCA, asserts that change should begin at the top. “General counsel should be focused on building pipelines of diverse future attorneys in their respective legal departments, and should also seek to identify and provide opportunities for diverse candidates to showcase their leadership skills and capabilities. Organizations must consistently invest in the development and growth of its minority attorneys and give them meaningful opportunities to showcase their skills and leadership capabilities.” He adds that it is important for each attorney to take control of his or her career and to seek out opportunities that will best showcase individual skills and talent. “Diverse attorneys should also identify mentors willing to champion his or her career goals, and should actively participate in organizations, such as MCCA, who substantially focus on career development and placing them in the pipeline for future GC roles.”

WHY DO MINORITY LAWYER NUMBERS STILL LAG BEHIND?

Caroline Tsai, EVP, GC and Corporate Secretary at Western Union (ranked 494 on the Fortune 1000 list) since December 2017, admits this is a hard question to answer. “Change takes time. You have to think about lawyers growing up and looking for role models; if they aren’t seeing someone who looks like them then maybe that makes a difference. I also think that professional women face challenges all the time - trying to get the work/life balance right, questioning whether you have the grit and resilience you need to push and persevere.” She says she does wonder why, with all the focus on minority and women lawyers on succeeding through afﬁnity bars and law ﬁrms and GC positions, how little progress has been made. “There has been incremental, positive changes but it is still not enough. When you look at it holistically, comparing and contrasting Asian Americans with Latinx and African American lawyers, there is complexity there as well. We do need to maintain a focus on mentoring programs and outreach and that’s one way to make a difference, because everything is interwoven. If you have enough sponsors to commit to it, you can continue to have progress

Amongst the most pressing challenges to diverse lawyers are overcoming implicit biases and institutional barriers which require diverse lawyers to navigate a path without a role model or mentor. —Stuart Alderoty 56

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MCCA General Counsel Survey 2018 and to move the dial.”

MENTORING AND SPONSORSHIP: #ADVANCINGTOGETHER

Stuart suggests the legal profession can and should keep pushing the change for a more representative sector - and mentorship is a large part of this. “The ongoing and expanding conversation over the last many years on diversity and inclusion seems to be taking root, albeit slowly. I personally know of three recently minted GCs who are either women and/or women of color; in fact, I had hired one of those women originally into her first in-house role, and all three women also benefited from strong mentorship from the same female GC that they had worked under in prior roles.” He acknowledges that, although progress is slow, getting diverse GCs into Fortune 500/1000 roles will no doubt lead to mentorship and cultivation of future diversity at the top. “The change is incremental but it is happening. One female GC begets three female GCs and hopefully three begets nine and so on…” Stuart is adamant that a strong support network for diverse lawyers is essential to keep pushing the change. “Those who believe in the mission of diversity and inclusion must make every effort to hire, mentor and promote diverse lawyers, while diverse lawyers who have been met with some success must serve as role models, mentors and sponsors to those coming up behind them.” Given the relative small percentages of diverse GCs in Fortune 500/1000 companies, Caroline agrees that diverse GCs should engage and reach out to mentor the rising diverse talent following them. “That is why I feel fortunate to have been involved with NAPABA and MCCA - the impact of organizations such as these in identifying opportunities for women and minority lawyers has made a significant difference for decades.” When Caroline first went in-house, she didn’t realize the importance of developing her network and building relationships, either within affinity groups at her company or industry trade organizations and local bar associations. “I discovered the value was to be found in extending my ideas, and within your network you continue to grow and to develop. My leadership role in Bank of America LEAD for Women meant I got visibility across the company, gaining mentorship and sponsorship and ultimately an award from the CEO; it was eye-opening. If you look for opportunities to give back, it will also translate to showing leadership even when you’re an individual contributor and do not manage a team.”

THE IMPORTANCE OF MERITOCRACY

Rashida La Lande, Global GC and Corporate Secretary at Kraft Heinz (ranked 114 on the Fortune 1000 list) since January 2018, says that it is a company that has been founded on ownership and meritocracy: “which are two values I wholeheartedly believe in. This is a place where, if you perform well and achieve results, you will be appreciated and promoted. There is a focus here on objective metrics that is unique and refreshing in corporate America - and a culture based on meritocracy helps break down barriers for groups that are historically underrepresented, particularly women and people of color. But that doesn’t mean that we’re satisfied with the progress we’ve made.” Kraft Heinz has five Business Resource Groups for women, African Americans, Latinx, veterans, and the LGBTQ+ community - that serve as key resources. “These groups help us attract diverse talent and to make sure that our recruitment efforts resonate with underrepresented communities. They host events that expose our employees to diverse leaders both inside and outside the company, sharing perspectives we don’t always hear.” The idea of meritocracy is a good and noble one, but if there is a chance that other measures such as affirmative action and quotas could level the playing field for minority lawyers, should corporate America D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA General Counsel Survey 2018 be instigating them? Miriam Gonzalez Durante, Partner and Co-Chair at law firm Dechert, has commented that she is a “reluctant” supporter of temporary boardroom quotas. “Intervention, on a temporary basis, is probably the only solution to make a big change. It irritates my legal mind because obviously discrimination cannot be sorted with another discrimination, but I’ve come to the conclusion that unless you make an intervention, change will be difficult,” she has said. Outside of the US, the European Commission has recently been reported to be pushing quotas for women on company boards to redress the slow progress of gender equality in the senior ranks of publicly listed businesses - requiring that if non-executive board members number more than 60% male, then companies must prioritize women when candidates of equal merit are considered for a post. Quotas for women on boards have been adopted in countries including Norway, France, Belgium, the Netherlands and Germany. Similar policies to increase ethnic diversity haven’t caught on in quite the same way - and critics argue that quotas become a token exercise that can be demeaning to beneficiaries, and that others may see the reasons for employment as being about race rather than talent. Anat Hakim, GC at healthcare insurance company WellCare (ranked 170 on the Fortune list), says that while she believes it is very important that minority and women lawyers are serving in top leadership positions, she is committed to the idea that the foundation for advancement has to be merit-based. “For myself, I never viewed professional advancement as something I achieved based on the fact that I am a woman or an immigrant. I just always focused on working twice as hard and being twice as prepared. I have always valued achievement on the basis of merit.”

HIRING THE BEST TALENT, WITH A D&I FOCUS

The hiring of diverse candidates remains a critical step in the process towards change, and Caroline suggests it will take a continued focus on identifying talent to make a difference. “There is now near universal agreement that achieving greater diversity in the board room and the C-suite is a business imperative. The focus on talent management must be led by the Board, the CEO and leadership team by setting strategy for the recruitment, development and retention of diverse talent and driving accountability for all of the people managers. If you have that top down message as part of a strategic priority, I think that is what moves the dial.” She cites full engagement and broad conversation of the issues as signiﬁcant in making that difference, and crucially, the need to expand this beyond your company to apply the principles to law ﬁrms that you hire. “When you become a GC of a public company, you have to drive change in the legal profession. Your external counsel also need to bring a talented and diverse bench to you and to allow those lawyers to interface with your team.” At Western Union, Caroline and her team are focused on diversity and inclusion and building out an external counsel program that leverages diverse talent. “I have the full support of our CEO and President Hikmet Ersek to evolve our diversity and inclusion focus and really drive change. He is actually an Austrian-Turkish immigrant himself, and a true champion of promoting diverse talent and supporting an inclusive environment. We have consumers in over 200 countries and territories around the world. Having a variety of perspectives on the internal and external legal team will open the door to innovative and creative thinking and strategy and solutions that come from diversity of thought. I consider my external counsel as an extension of my legal department. Because diversity is valued at Western Union, it is one of the components I use to evaluate my external counsel alongside quality, expertise, customer

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MCCA General Counsel Survey 2018

IDENTITY AND INTERSECTIONALITY GCs Stuart Alderoty, Rashida La Lande, Craig Glidden and Caroline Tsai give their top practical tips for aspiring GCs wanting to make the leap to the top legal spot: •

• •

•

Be resilient. Always be building your own personal brand of success. Every touch point matters in your career. Everyone you meet may be an influencer in the future. Treat them as such. Get noticed. Write an article for a legal publication. Get invited to speak on a panel. Never stop learning. Inventory your own skills and find ways to fill gaps. Take a finance course to be able to keep up in key meetings where company finances will be discussed. Observe others and copy what you think makes them successful and avoid behaviors that you observe do not work. Don’t get angry or at least don’t show your anger. Anger is a sign of weakness and although people will give you a lot of reasons to get mad along the way by treating you poorly or unfairly, rise above it. In the end you will be thankful you did. Be the CEO of your own career. Even if you are fortunate enough to have a mentor or a sponsor, you are in charge of your career - not them.

• • • •

•

Have a plan. Chart your career in 3-5 year increments. What is the next step you want and what do you need to do or learn to make that happen? Work hard, over-prepare and then learn to trust yourself - especially when you’re in a room where no one looks like you. Develop strong leadership and communication skills. Have the courage and integrity to give tough advice when you need to. You must be able to speak up and give the best advice for the business within the risk appetite and culture of the company. Demonstrate high performance and integrity in your craft and constantly focus on raising the level of legal astuteness within the business you advise. Commit to career ownership, seek out opportunities to advance the skills necessary to become a general counsel and cultivate relationships that will help advance those career goals.

focus and cost-effectiveness.”

Anat Hakim believes it is important that as more women and minorities get into leadership positions, they

make sure to hire the best talent while keeping an eye towards diversity. In rebuilding WellCare’s legal department over the last two years, she has done that, with a department that is now nearly 75% women and

minorities. “We sought out and developed the best talent, which includes not only substantive excellence but equally strong leadership skills. This includes individuals who have a strong work ethic, have overcome

obstacles and aren’t afraid to speak up and challenge the status quo. Those are often characteristics you ﬁnd in people who have had to overcome adversity.”

How (and why) is she trying to increase diversity in her own team? “Part of what I like about diversity is the

divergence of viewpoints and personalities. In other words, I don’t need everyone to be an outgoing aggressive litigator - I want introverts too and people who think differently.” With her WellCare legal team, she

says she invites them to challenge her all the time. “I don’t shoot the messenger. In fact, I love the cauldron of debate and am happy when members of my team challenge each other’s ideas and mine. Every time I see that happen I know that we’ve created the type of culture and team where the best idea can rise to the

top. Who wants a bunch of ‘yes ma’am’ employees? At the end of the day our job is to win; and the diversity of ideas, experiences and personalities helps us get there.”

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MCCA MCCA General General Counsel Counsel Survey Survey 2018 2018

Damien Atkins, The Hershey Company When asked about his advice to aspiring GCs, Damien Atkins, newly appointed SVP, GC and Secretary at The Hershey Company, offers a new and inspiring narrative for change. “For attorneys of color, a lot of the time we feel that our differences can make it hard for us to make connections with people who are not like us; but that is just not the case.” The more human and well-rounded a person sees you are, Damien says, the more likely they are to become your sponsor or mentor. “So, yes, you might be a different race or color or sex from someone else but there are multiple ways to bond and enact on a human level with people. Don’t let difference defeat you before you have even got started. Show who you are as a person and it is likely you will make those connections.” He also suggests, refreshingly, to look at your own diversity as a bonus. “A lot of people do whatever they can to stand out - because if you are hidden in the masses, it’s the death of your career if you are doing great work but no one knows who you are. Look at your difference as an advantage; it can be a leg-up because if you are bringing value, then you stand out much more quickly than non-diverse attorneys will.” Damien’s own rise to head the GC function at The Hershey Company (no. 369 on the Fortune 1000 list) came about after stints at Chadbourne & Parke (now Norton Rose), interspersed with a few false beginnings at internet start-ups, a M&A, Corporate Governance and Compliances role at AOL, and some “extraordinarily valuable” years at Panasonic USA. He credits his family for providing him with the background and base level of support to allow him to embark on his career, and says he has been fortunate to have had a lot of excellent bosses “who encouraged my development and helped me to both address gaps and to experiment to help me ﬁll them.” 60

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The obstacles he faced on his way to GC are common to many, he suggests. “To become a GC you have to show you can master or manage other areas that are outside your area of expertise.” The biggest problem here, Damien says, is in ﬁnding the opportunities to demonstrate that. “If you are really good at something, you will get more of that kind of work and it becomes hard to convince people that you can have an impact beyond that.” He lists three crucial traits needed for those who are willing to climb to the top of their profession, beginning with self-awareness; if you don’t have a ﬁrm understanding of your own strengths and weaknesses and of how others perceive you, then you won’t have an ability to look outside yourself, and this is something Damien thinks of as a critical skill. Humility is important, because he says you don’t know everything or have all the answers and sometimes success depends upon the efforts and insights of others, particularly as you go further along in your career. “Be conscious of the fact that there are people who D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA General Counsel Survey 2018

We evaluate lawyers too heavily on pedigree and not on impact and build - if you don’t come from the right starting place, you can be automatically removed from opportunities just by definition. After all, what is it that —Damien Atkins makes a great lawyer? will be better than you at certain things and that’s ok.” Lastly, he credits the skill of curiosity, because “if you want to grow, you have to have an intense desire for learning.” In response to MCCA’s theme of #advancingtogether, Damien thinks that the legal profession itself has a part to play in ensuring minority lawyers get a spot at the top job. He begins with the way the profession evaluates a particular lawyer’s potential for future success, which is predicated, he suggests, on things that have nothing at all to do with actual results. “We evaluate lawyers too heavily on pedigree and not on impact and build - if you don’t come from the right starting place, you can be automatically removed from opportunities just by deﬁnition. After all, what is it that makes a great lawyer? Is it someone who is up all night and who can memorize facts in a short time period? Probably not.” He is starting to see changes in the curriculum at law schools (particularly at NYU) which he suggests could help with this culture shift. Additionally, Damien says the legal profession needs to start thinking about

ways in which law school education burdens young lawyers with debt. “The debt many young attorneys leave law school with is a crime; if law schools could become more innovative with law school repayments, that would make a difference,” he says. When asked how important it is that diverse lawyers are appearing in Fortune 1000 positions, his answer is unequivocal. “It is critically important. To have role models for younger people coming up through the pipeline so they can see the top job is actually possible, so it’s not just left to your own imagination, is very encouraging.” He notes the value in gatekeepers; those whose roles, in delivering work to various law ﬁrm partners, can directly inﬂuence advancement and career enhancement for minority attorneys. Lastly, Damien comments on how crucial it is to have diverse vices and experiences woven into corporate America. “If we want a different result, we need diverse opinions to improve decision-making and performance over time.”

Anat Hakim, WellCare Health Plans Anat Hakim immigrated to Skokie, Illinois from

school, Anat sat in regular classes for one half of

Ukrainian/Polish descent when she was just

until one day I did! The other half of the day I had

Israel in 1976 as a Jewish immigrant of Greek/ seven years old. Unable to speak any English, she learned it mostly by watching TV shows Sesame Street and The Electric Company. At

the day “but I didn’t really understand anything, a tutor who would read with me and teach me the language.” As an immigrant family, money

was tight, and Anat recalls spending Saturdays D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA MCCA General General Counsel Counsel Survey Survey 2018 2018 picking through other people’s discarded trash. “We didn’t have much, so we would get together with a few other immigrant families, pile into the car and drive around hunting through garbage cans, the kids searching for toys and the parents for furniture.” This early, challenging start helped shape her, and impacted her lifelong belief in merit, achievement and hard work. Living through the 1973 Yom Kippur Arab-Israeli war was another fundamentally formative aspect on her personal and professional drive. “Before I came to the US, I spent six months running in and out of bomb shelters. My dad was drafted to the army and my mom was pregnant with my younger brother; I have these distinct memories of air raid sirens going off and having only 30-60 seconds to run into the shelter. The reason I remember it and why it had such an impact on me was that, while it was incredibly stressful and terrifying, my grandmother was always there and she would calm me down, bringing chicken soup into the shelter, making things feel normal, and helping me to focus. That ability to focus in the midst of chaos is something I still have.” Anat went on to graduate from Harvard Law School, and built up a successful career as a commercial litigation associate at the law ﬁrm Latham & Watkins and then as a patent litigation partner at Foley & Lardner. After spending 17 years as outside counsel at these ﬁrms, she sought a change, and in 2010, Anat was hired as the Vice President heading the global patent litigation group at Abbott Laboratories, protecting the patents on some of the world’s largest pharmaceutical drugs. In 2013, Abbott tapped her to lead its global litigation and government investigations group and three years later she was hired away by WellCare Health Plans (170 on the Fortune 1000 list) to lead the company’s legal function as General Counsel and Secretary. 62

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Anat singles out the traits that she believes are crucial for all lawyers, including minority lawyers, to succeed - beginning with merit. “You always have to work to be the best. First and foremost, to even get in the door, you must strive to be amazing at what you do and work harder than anyone else.” And, she says, when you are in the minority, what matters even more are the more subtle things. “It’s the unspoken and political aspect of things that others may not have to think about so much. You need a keen understanding about who is in the majority and then you have to learn to adapt your style to make sure you are communicating effectively with them.” As a woman, Anat made sure she projected her voice loudly, speaking with clarity and brevity to get her message across in a concise way to her audience, which was typically mostly male. “I also had to adopt a thick skin, to not take things personally; to be tougher and stronger.” She namechecks an early mentor as being African American lawyer Sharon Barner, now VP and GC at Cummins (ranked 149 on the Fortune 1000 list). “Sharon mentored me, as well as several other women attorneys, to help us understand and maneuver D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA General Counsel Survey 2018

Strive to be the best at what you do, then find the right opportunity and the right person to help you navigate and open doors. Then make sure you pull others up —Anat Hakim the ladder with you. the political landscape of a law ﬁrm - and that was huge, because women don’t often have as easy access to partners who will take them under their wing and walk them through the unwritten political rules of a ﬁrm.” She urges aspiring GCs to seek out mentors like Sharon, “who will show you the secret doors and the unspoken rules so you don’t trip yourself up — you can be really good at what you do but if you trip up on subtle things, then it is really hard to get ahead.” Anat also suggests diverse lawyers seek out new challenges, no matter their current position. “Step into a stretch assignment outside your area - the more highly visible the better - it might require you to learn something new but it will give you a chance to shine. Don’t worry if you’re not 100% ready. Throw your hat into the ring anyway and then do everything you can to hit it out of the park.” She says many women and minority lawyers keep their heads down and think that doing a good job will get them noticed. “The reality is that isn’t enough. Be more aggressive and proactive, even if it feels uncomfortable. The people in charge are busy and don’t have

time to focus on you, so you should focus on you and put yourself in front of them.” She believes the outlook for diverse lawyers is getting better, and attributes this to people in leadership positions within the legal profession caring about opening doors for minority lawyers, literally #advancingtogether. “From a practical point of view, for example, when a company thinks about who to put on its board, it needs to think about diversity; not just because diversity is a good thing but because it makes for good business.” When she hires lawyers, Anat seeks out diversity of experience and thought and looks for people who have overcome obstacles because in doing so they have likely developed grit and other skills that are huge assets in the legal profession. She sees a bright future for minority lawyers. “Strive to be the best at what you do, then ﬁnd the right opportunity and the right person to help you navigate and open doors. Then make sure you pull others up the ladder with you.”

Rashida La Lande, Kraft Heinz Rashida La Lande grew up in Queens, N.Y., at a

hood were those rappers, athletes, doctors and

time where there were limited opportunities for

lawyers. Since I wasn’t tall enough to play ball,

an African American girl. “I come from a small,

didn’t have any musical talent and vomit at the

working-class neighborhood best known for

sight of blood, guess what happened? I became

producing rappers and basketball players; the

a lawyer.”

only people I knew who got out of that neighbor-

She joined Kraft Heinz as Global General D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA MCCA General General Counsel Counsel Survey Survey 2018 2018 Counsel and Corporate Secretary in January 2018, stepping into the role after 17 years at law firm Gibson, Dunn & Crutcher in New York. While she says she hasn’t faced specific obstacles on the way to heading the legal function of a Fortune 1000 company (Kraft Heinz is ranked 114), there have been times when she’s been the only African American, or woman, or both, in a business meeting – which, she says is still a likelihood for anyone in a visible minority group. “When I first started working as a lawyer, being the only one who looked like me held me back from speaking up and at times made me feel self-conscious, but I eventually got over it because I had no other choice if I wanted to succeed.” How she did that was to tell herself that it wasn’t about her personally, and to focus on the goals she wanted to achieve for her clients. “Taking myself out of the equation was really helpful,” she explains. “This allowed me to focus on the facts, the ideas, negotiation strategies and the law until I reached the point where I was comfortable leveraging my own expertise.” She feels that girls are socialized differently than boys, and that some of this socialization – such as offering apologies when they’re not

feel it’s OK to speak up, she says. That’s where allies, both diverse, and not, can be central to progress in the workplace. Rashida praises Kraft Heinz for its commitment to building and retaining a diverse workforce and leadership of all types, and for its gender, ethnic and generational inclusivity. “Three of us on the CEO’s senior Leadership Team are women of color, and that’s where meritocracy really comes into play. We can bring our full selves to the table

...some of the same characteristics that can hold women back in meetings can actually be effective in managing a team: skills like listening well and —Rashida La Lande building consensus. necessary – needs to be overcome for women to succeed in their careers. On the other hand, she says, “some of the same characteristics that can hold women back in meetings can actually be effective in managing a team: skills like listening well and building consensus.” Women need to 64

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while delivering outstanding results.” To do this, Rashida cites the importance of both sponsors and mentors. Mentors at Gibson, Dunn & Crutcher who guided her through the dayto-day issues of understanding legal matters, dealing with clients and how to manage her

MCCA General Counsel Survey 2018

We know that our people are the biggest competitive advantage we have. They and their unique skills, curiosity, and talent are what give value to our business. And because our consumer base is global – consisting of people of all ages, genders, ethnicities, sexual orientations, and languages – it’s critical that our people —Rashida La Lande reflect the same broad diversity. career as a working mother, as well as sponsors “who understood my value proposition and advocated for me when I needed it. And to be sure, there were assistants, paralegals, people who worked in the support center, in IT, and even the mailroom who were just as critical to my success. They had my back, and they helped me perform when I needed it. Without them, my work product would have suffered, and it would have been much tougher for me to excel at the firm.” Companies can and should take practical steps to effect change when it comes to diversity – and Rashida affirms that at Kraft Heinz, “We know that our people are the biggest competitive advantage we have. They and their unique skills, curiosity, and talent are what give value to our business. And because our consumer base is global – consisting of people of all ages, genders, ethnicities, sexual orientations, and languages – it’s critical that our people reflect the same broad diversity.” These practical steps to change begin with tangible commitments that ensure talent pipelines and leadership succession plans are more diverse. “We’ve got to work to increase representation in an authentic and sustainable way. That’s how you build a leadership bench

that reﬂects your consumers and your communities for the long term. We need to remember that everyone’s voices count. Great ideas, valuable contributions and inspiration can come from anywhere, so it’s up to us as leaders to stay open-minded to all possibilities. You never know where a future leader and diversity champion will come from.” To younger lawyers, her advice is to own their choices and decisions. “Manage, but don’t micromanage. Build a strong team that you trust, and once you’ve given them clear guidance and established goalposts on the direction you want, step back and let them soar. Have your team members check in regularly, but give them the space to operate and grow on their own. It’s how we GCs learned; we owe it to our people to let them do the same.” Ultimately, Rashida counsels aspiring GCs to play to their strengths and to surround themselves with team members they can trust, but whose strengths and weaknesses are different from their own. “They’ll come up with ideas that would never occur to you and will protect your blind spots at the same time.” D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA MCCA General General Counsel Counsel Survey Survey 2018 2018

Caroline Tsai, Western Union Caroline Tsai, a little over a year into her role at Western Union as Executive Vice President, General Counsel and Corporate Secretary, considers three critical traits she thinks are essential for women and minorities aspiring to navigate the route to GC: namely grit, resilience and agility. “Grit - a combination of passion and perseverance to achieve your goals - is a particularly relevant trait for women and minority lawyers because, at the senior level of many industries, you may be the only woman or minority at the executive table. Positive leaders are resilient in the face of obstacles or adversity and have a growth mindset to continuous improvement. Where I see resilience come to the fore is in continually excelling and demonstrating flexibility with unexpected obstacles by showing an ongoing commitment to grow and develop. Agility is about being open-minded, seizing the opportunity to master new challenges and being able to pivot and change course when necessary,” she says. Born in Brazil to Chinese immigrant parents, Caroline holds the top job in legal at Western Union, which is ranked number 494 in the Fortune 1000 list. “This is the most complex and global business I’ve ever covered, doing business in 200 countries and territories and with so much of our work being technology and fintech-focused,” Caroline says of her Western Union GC role. Caroline comments that, in her experience, professional women can second-guess themselves about next steps when looking to rise through the ranks. “Women tend to focus on being 100% prepared and excellent in everything they do and that can hold us back. There have been times when I was given an opportunity, but I’ve said I wasn’t ready. We need to be confident to take good risks. I learned that as an in-house lawyer, you should always look for opportunities to go 66

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outside of your experience, to stretch out of your comfort zone and that every single opportunity will add to your portfolio. It all prepares you for the next step.” She initially kept away from engagement in affinity bars because she wanted to be known as a good, hardworking lawyer, not as a ‘female lawyer’ or an ‘Asian American lawyer’, but her first National Asian Pacific American Bar (NAPABA) event is something she recalls as life-changing. “I walked into a conference and for the first time saw all these incredibly talented Asian American lawyers representing government, law firms and Fortune 500 companies; I was so awed by the fact that there was all this talent I had never really seen.” The challenges posed by her own intersectionality were not something she had thought much about, but through NAPABA, she says her “eyes were opened - it was astonishing for me to hear the challenges that lie beneath being both a woman and being Asian American.” At one event she was attending, Caroline remembers Don Liu, (then GC of Xerox, now GC at Target), spelling

MCCA General Counsel Survey 2018 it out plainly for her. “He said I CAROLINE TSAI, GC AT WESTERN UNION, recounts an experience hate to break it to you, but the when hiring for her legal team earlier in her career, when the first thing people see when they see recruiter she hired did not present a diverse slate. Caroline’s GC enyou is that first, you are a woman, couraged her to look for another recruiter because the bank had a and second, you are an Asian commitment to diversity and inclusion. At the time, each hiring manAmerican. You have to own and ager was challenged to ask recruiters to present a slate of candidates understand that, and think about that included at least 20% diversity of gender and ethnicity. “With some of the cultural influences the support of the U.S. General Counsel, I hired a new recruiter who presented me with a diverse slate of potential candidates and the that have impacted you growing three most talented lawyers who got the offers from me turned out to up.” This prompted her to acbe female and diverse lawyers. For me, it is all about finding the best knowledge that her Chinese talent with an eye to see if we can bring diversity. We have to identify American immigrant upbringing a pipeline and we cannot take the idea that there is no diverse talent didn’t really teach her to self-proout there on face value.” mote or to get recognition for her achievements. From that point being my mentors but my sponsors; individuals on, she was driven to engage with D&I and has who pushed me to always go the extra step and been involved in NAPABA ever since, including giving me visibility in the early days which played serving as Co-Chair of the Women’s Leadership a significant role on my career.” She now coaches Network for the past five years. mentees to see that opportunities can always She is hugely encouraged by MCCA’s annual be found to lead and develop, and that no one General Counsel Survey results indicating that, in should feel constrained by reporting lines or by 2018, we have the greatest number of minorities the way a company defines a current job. “Anyone in top positions. “Diversity of thought is critical in can be a leader. Continue to be curious, give back bringing new and creative ideas and perspectives and look for opportunities to grow - that is how to the table. The diversity of thought leadership you should think about your career.” of my approximately 2,500-member team spread Advice for aspiring minority GCs includes out in more than 50 locations across the globe gaining broad experience, exhibiting impeccable has been inspiring and positioned Western Union judgement, distilling what’s important and priorito build a best-in-class legal, compliance, public tizing that. “You see it with young lawyers who have policy, privacy and corporate secretarial team.” high potential and high talent; they know when Caroline says she has been lucky to have had to insert themselves into the conversation, and “amazing bosses who have ended up not only

I walked into a conference and for the first time saw all these incredibly talented Asian American lawyers representing government, law firms and Fortune 500 companies; I was so awed by the fact that there was all —Caroline Tsai this talent I had never really seen.” D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

MCCA MCCA General General Counsel Counsel Survey Survey 2018 2018 they are great listeners who invest time and focus into really what the business needs guidance on.” Getting the balance right between what is strictly legal and what is strictly business is also crucial “because everything is interwoven; in order to be an effective GC, you really need to be treated as a business partner and not just as a lawyer, to build that trust and accountability.”

As a case in point, Caroline is actively engaged in leveraging the diversity of thought in her global team. “I’m currently focused on building a culture of innovation at Western Union and I’m asking and mentoring my global team to think of themselves as innovators and creators. I truly believe that all of us play a role in helping the business ideate.”

Alan Tse, Jones Lang Lasalle Alan Tse, GC of real estate services company Jones Lang Lasalle (JLL), is notable for a variety of reasons. Over 18 years, he has held the position of GC at an impressive six different companies, canvassing US geographical locations and over disparate industries. As one of only 34 Asian American GCs (including Asian Paciﬁc and South East Asian Americans) appearing in the Fortune 1000 list, his longstanding and visible presence at the C-suite table has meaningful impact for other minority lawyers looking to emulate his professional journey. Born in Hong Kong, Alan moved to the US when he was seven years old. Has he experienced particular obstacles in his career path owing to his ethnic diversity? “One never knows, is my answer to that. I am sure there have been issues, just like everyone else who is diverse might have had to face. When I walk through a door there will be assumptions made about me, both positive and negative, and I’ve always tried to recognize that and just be who I am.” He acknowledges that as an Asian American, there are stereotypes such as the question of whether Asian Americans can be effective leaders. “This is the kind of thing I have been cognizant of when I am interviewing for a job - they might not be asking outright whether I can be a leader but I have to answer that question in any case if I am going to get the job.” When Alan lived in Louisville, Kentucky, for over 68

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ﬁve years, he says he was always conscious of the

fact that not only was he the only Asian American GC of a large public company there but also the

only Asian American in the C-suite in the state. This was in contrast to his growing up in Califor-

nia and starting his career there, “where there are a lot more people who looked like me. I saw this

from a glass half-full perspective - the difference I was able to make in Kentucky was far greater than the difference I could make in the Bay Area

because just being visible, to be seen in leader-

ship by the Asian and the broader community, hopefully made a difference.”

MCCA General Counsel Survey 2018

In a world where diverse lawyers in GC roles at Fortune 1000 companies number 370, just by being a high profile minority in a major role is something Alan hopes will impact the business and beyond. “Just by me being here, being close to the broader company and the team shows we are a diverse company. It’s always a case of —Alan Tse leading by example to some extent.” His advice for aspiring GCs remains prosaic. “I think the recognition that you will have to move both job and geography is essential if you want to go down this career path. There are deﬁnitely companies that you can grow up in and this can be the route to how you become GC - but if you are not in one of those companies, then you’ll have to move. As I’ve gotten more senior and taken on more responsibility, I’ve also learnt that so much of this job depends upon my ability to lead and inspire others. Those skills aren’t taught in law school but they are the most important skills in business.” His role at JLL (ranked 391 on the Fortune 1000 list) is a recent appointment for him, and while he acknowledges that it will take some time for him to get fully integrated into the various JLL programs to further encourage D&I, these are not new concepts for the business. “The ethos at JLL is all about inclusion as well as about diversity - the company understands we live in a global world with global leadership and talent and therefore we have to be inclusive. The company is led by our female chairman Shelia Penrose and we are very proud that thirty per cent of our board are female. We take diversity and inclusion very seriously here.” In a world where diverse lawyers in GC roles

at Fortune 1000 companies number 370, just by being a high profile minority in a major role is something Alan hopes will impact the business and beyond. “Just by me being here, being close to the broader company and the team shows we are a diverse company. It’s always a case of leading by example to some extent.” He also says that companies must not just talk about change but act. “We need to ask ourselves what it is we are doing to invest in people, in the pipeline, in succession planning, in skill training - because the most effective companies do that.” Alan is pleased to see the outlook for minority lawyers is getting better but he says there is still a long way to go. He cites the example of the NAPABA whose 20/20 initiative was to ensure 20 Asian American GCs by the year 2020. “We are on number 23 [34 including Asian Pacific and South East Asian Americans] at year 2018, so it’s obviously a better situation than they thought it would be, but you can see this in two ways. Either that the initiative and aspiration weren’t high enough, or that things are really improving: but the reality is 23 Asian American GCs is only 4.5% of the whole, while we account for 10 or 11% of all private practice lawyers at law firms and in-house - and that’s an issue.” D & B M A G A Z I N E W I N T E R I S S U E 2 0 1 8 | W W W. M C C A . C O M

THANK YOU

FOR YOUR SUPPORT

THE MINORITY CORPORATE COUNSEL ASSOCIATION (MCCA) ACKNOWLEDGES THE SUPPORT of the following law departments and law ﬁrms whose ﬁnancial contributions have helped our mission to advance the hiring, retention and promotion of diverse lawyers in the legal profession. MCCA 2018 STRATEGIC MEMBERS

CORPORATE MEMBERS

Crawford & Company

HP, Inc.

AARP

Dell Inc.

IBM Corporation

3M Company

Abercrombie & Fitch

Allstate Insurance Company Altria Client Services, Inc. Amazon.com, Inc.

American Express Company A. Schulman, Inc. Autodesk, Inc.

Avis Budget Group, Inc.

Becton, Dickinson & Co. BIC International

BNY Mellon Corporation

Bristol-Myers Squibb Company Cantor Fitzgerald Capital One

Carter’s, Inc.

CBS Corporation Ceannate Corp

Chevron Corporation

Choice Hotels International, Inc. CIGNA Corporation

Citigroup Global Markets Inc. Comcast NBCUniversal ConAgra Foods, Inc. Converse Inc.

Cox Communications, Inc. 70

Darden Restaurants

Discover Financial Services Duke Energy Corporation Eaton Corporation eBay, Inc.

Entegris, Inc.

Entergy Corporation Exelon Corporation

Exxon Mobil Corporation Fannie Mae

Federal Home Loan Bank of Pittsburgh Federal Home Loan Bank of San Francisco

First Data Corporation

Football Northwest (Seattle Seahawks) Freddie Mac

Fujitec America, Inc. Gap Inc.

Genentech, Inc.

General Electric Company General Motors

GlaxoSmithKline plc Google Inc.

H.J. Russell & Company

Honda North America, Inc.

Honeywell International Inc.

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Huntington Ingalls Industries, Inc. Ingersoll-Rand PLC Intel Corporation

International Paper Company JM Family Enterprises, Inc.

Johnson & Johnson Services, Inc. JPMorgan Chase & Co. Kaiser Permanente KeyCorp

Liberty Mutual Insurance Company LifeVantage Corporation LPL Financial LLC

Marriott International, Inc.

MassMutual Financial Group Merck & Co., Inc. MetLife, Inc.

Microsoft Corporation

Mondelez Internationa Morgan Stanley

MRO Corporation

National Grid USA Service Company, Inc.

Nationwide Mutual Insurance Co.

New York Life Insurance Company NFM, Lending Inc.

Nokia Corporation

Northrop Grumman Corporation

Cooley LLP

Nixon Peabody LLP

Pearson Education, Inc.

Cozen O’Connor

Nossaman LLP

Nuclear Electric Insurance Limited PepsiCo, Inc.

Porzio Life Sciences, LLC Premier Media Inc.

Prudential Financial, Inc.

Quest Diagnostics Incorporated Resources USA, Inc.

Salesforce.com, Inc. Sempra Energy

Shell Oil Company Staples, Inc.

State Farm Mutual Automobile Insurance Company

Summit Materials, Inc.

The Vanguard Group, Inc. Twitter, Inc.

UnitedHealth Group

United Services Automobile Association, Inc. (USAA)

Verizon Communications Visa Inc.

VMware Inc.

Walmart, Inc.

Waste Management, Inc. Wells Fargo & Company

Wyndham Hotel Group, LLC Xerox Corporation

Yazaki North America, Inc. LAW FIRM MEMBERS

Akin Gump Strauss Hauer & Feld LLP Anderson Kill P.C. Arent Fox LLP

Axinn Veltrop & Harkrider LLP ** Barta, Jones & Foley, P.C. ** Beveridge & Diamond P.C. Blank Rome LLP

Boies Schiller Flexner LLP Brown Law Group

Buchanan, Ingersoll & Rooney, PC BuckleySandler LLP Burns White LLC Butler Snow LLP

Carlton Fields Jorden Burt, P.A. Chen Malin LLP 72

Cottrell Solensky, P.A. Crowell & Moring LLP

Davis Wright Tremaine LLP Dechert LLP

Dentons US LLP

Dorsey & Whitney LLP

Drinker Biddle & Reath LLP Duane Morris LLP

Epstein, Becker & Green, PC

Eversheds Sutherland (US) LLP Faegre Baker Daniels LLP

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Fish & Richardson P.C. Fisher & Phillips LLP

Fitzpatrick, Cella, Harper & Scinto Forman Watkins & Krutz, LLP Friedman Kaplan Seiler & Adelman LLP

Hamilton, Miller & Birthisel, LLP Harrity & Harrity, LLP

Haynsworth Sinkler Boyd, P.A. Hogan Lovells US LLP Husch Blackwell LLP

Innis Law Group LLC

Kasowitz Benson Torres LLP

Kaufman Dolowich & Voluck, LLP Kobre & Kim LLP

Kopka Pinkus Dolin Levine Lee LLP

Norton Rose Fulbright LLP Orrick, Herrington & Sutcliffe LLP Paul Hastings LLP

Pearne & Gordon LLP

Pepper Hamilton, LLP Phelps Dunbar LLP Pirkey Barber PLLC

Porzio, Bromberg & Newman, PC Proskauer Rose LLP

Quarles & Brady LLP Reed Smith LLP

Richards, Layton & Finger, P.A.

Rooney Rippie & Ratnaswamy, LLP

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