2016 May/Jun - Diversity & The Bar Magazine

THE BAR

MCCA Empowering People. Inspiring Leadership.

Meet the 2015–16 LMJ Scholars BREAKING THROUGH THE BAMBOO CEILING

A GLOBAL PERSPECTIVE ON CYBERSECURITY

BOUTIQUE LAW FIRMS & WORKING MOMS

CLIPPING THE LAW FIRM BUDGET

M AY/J U N . 2 0 1 6

DIVERSITY

&

Join us

Minority Corporate Counsel assoCiation

The Diversity Gala presents

July 19, 2016

Attend the MCCA Diversity Gala— the premier national awards program honoring corporate law departments for diversity and industry leadership as well as achievements in their legal department diversity programs.

This night, where leadership and legacies are honored, will include an exclusive awards program in the famed Eisenhower Theater at The Kennedy

Center for the Performing Arts followed by an elegant dinner networking reception. Attending this event gives you unparalleled access to C-suite in-house and outside counsel. Your support of the Gala will help to ensure that MCCA will continue to deliver the education, research, and programs that have become an essential part of the profession’s diversity and inclusion dialogue.

MCCA Lifetime Achievement Award

Presented to an individual who has made important and lasting contributions to advancing a society that fully appreciates, celebrates and recognizes the value of diversity.

lifetiMe aChieveMent awarD reCipient Eric H. Holder, Jr.

Employer of Choice

This award recognizes industry leaders who have a commitment to and succeed at creating and maintaining an inclusive corporate legal department.

Former Attorney General of the United States

eMployer of ChoiCe honorees

Northeast Region:

Mid-Atlantic Region:

Midwest Region:

David G. Leitch Global General Counsel Bank of America

Darryl Bradford Executive Vice President & General Counsel Exelon Corporation

Gary H. Pilnick Vice Chairman, Corporate Development & Chief Legal Officer Kellogg Company

South Region:

West Region:

Teresa Wynn Roseborough Executive Vice President, General Counsel, & Corporate Secretary The Home Depot

John Schultz Executive Vice President, General Counsel, & Corporate Secretary Hewlett Packard Enterprise

For more Information visit www.mcca.com/gala Interested in sponsoring? Contact Mahzarine Chinoy at 202.739.5903 or sponsorship@mcca.com

CONTENTS

Visit www.mcca.com for the latest information on our events, awards and research.

FEATURES

18 The Potential for

Working Mothers in Boutique Law Firms

14 Breaking through the Bamboo Ceiling

By Lydia Lum Lawyers explore the benefits of pan-Asian cooperation and collaboration to boost career trajectories.

By Geoffrey R. Morgan To effectively engage working mothers, it’s important to understand what they want from their law careers. Find out how boutique law firms are offering flexibility in order to retain working mothers.

22 LMJ Class of 2015–16

By Glenn Cook They’re young. They’re eager. And they’re the future of the legal profession. Meet this year’s class of LMJ Scholars.

26 A Global Perspective on Cybersecurity:

Cultural and Regional Views that Influence Cybersecurity Policy

By Adam Palmer, Gilberto Martins de Almeida, Lise Breteau, Oliver Hoare, Steven Liew, Jean-Christophe Le Toquin and Thomas Rickert 2016 presents unprecedented cybersecurity threats for government and private industry. Learn about the different non-U.S. global approaches that can significantly help a CLO manage cybersecurity risk across a multi-national organization.

16 Clipping the Law Firm Budget

By Lekan Oguntoyinbo Find out how some law firms are employing smart strategies to save money on office expenses.

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MAY.JUN.2016

MCCA® BOARD OF DIRECTORS Stuart Alderoty

Senior Executive Vice President and General Counsel HSBC North America Holdings Inc.

Ricardo Anzaldua

COLUMNS 6 | NOTES FROM THE CEO

When Change Is Good

By Jean Lee

8 | DIVERSE PROFESSIONAL DEVELOPMENT Why Humility Is a Neglected Leadership Trait

By Ruthie White

9 | BUSINESS TRANSACTIONS Activist Shareholders and the Balancing Act

By Alonzo L. Llorens

Executive Vice President and General Counsel MetLife, Inc.

Michelle Banks

MCCA Board Chair Former EVP, Global General Counsel, Chief Compliance Officer and Corporate Secretary Gap Inc.

Janice P. Brown Owner & Founder Brown Law Group

Clarissa Cerda

Former Chief Legal Strategist LifeLock, Inc.

A.B. Cruz, III

Executive Vice President and General Counsel Emergent Biosolutions, Inc.

Sandra Leung

Executive Vice President, General Counsel and Corporate Secretary Bristol-Myers Squibb Company

10 | GENERAL COUNSEL INSIGHT

Reminding Ourselves and Our Teams Why We Do This

By Miguel R. Rivera Sr.

11 | LITIGATION MATTERS

“Grandma Says ...”: An Old-School Approach to Courtroom Decorum

By Craig A. Thompson, Esq.

DEPARTMENTS 12 | SPOTLIGHTING

Lieutenant General Flora D. Darpino, The U.S. Army Judge Advocate General

By Patrick Folliard

30 | PROFILE IN PERSEVERANCE James C. Stearns

By Tom Calarco

32 | DIVERSITY NEWS

Attracting, Retaining and Mentoring Female Lawyers

By Kay Chandler and Shira Nadich Levin

34 | MOVERS & SHAKERS

PUBLICATIONS STAFF

Linda Lu

SVP Chief Litigation Officer Litigation and Employment Counseling Office of the Chief Legal and Governance Officer Nationwide Insurance Company

Gwen Marcus

Executive Vice President and General Counsel Showtime Networks, Inc.

Suzan Miller

Corporate Vice President, Deputy General Counsel, and Corporate Secretary Intel Corporation

Samuel M. Reeves

Senior Vice President, General Counsel for Walmart International Legal

Robin Sangston

Neil Wilcox

Senior Vice President and Associate General Counsel First Data Corporation

Michael Williams

Executive Vice President & General Counsel Staples, Inc.

Simone Wu

Senior Vice President, General Counsel, Corporate Secretary & Chief Compliance Officer Choice Hotels International

Jean Lee

President & CEO Minority Corporate Counsel Association

Kenneth S. Siegel

Board Members Emeritus

Chief Administrative Officer & General Counsel Starwood Hotels & Resorts Worldwide, Inc.

Dawn Smith

Senior Vice President, Chief Compliance Officer & Secretary VMware

Design/Art Direction

Editor-in-Chief

Advertising

Kimberly A. Howard, CAE

Corporate VP, Deputy General Counsel Microsoft Business Development and Evangelism

VP/Chief Compliance Officer Cox Communications, Inc.

President & CEO Jean Lee

Mary E. Snapp

BonoTom Studio Inc.

M.J. Mrvica Associates Inc.

Thomas L. Sager Ballard Spahr LLP Hinton J. Lucas Catherine A. Lamboley Lloyd M. Johnson Chief Legal Executive LLC

MCCA® Staff

Mahzarine Chinoy David Chu Donna Crook Charles H. Hollins Jr. Behnaz Mistry Andrea Pimm

GENERAL INFORMATION Advertising For advertising inquiries, contact M.J. Mrvica Associates Inc. at mjmrvica@mrvica.com.

MCCA® Membership Please visit www.mcca.com/ membership for details.

General Information and Address Changes Send your questions, complaints and compliments to MCCA®, Kim Howard, CAE, Editor in Chief, kimhoward@ mcca.com. Address changes should be sent to membership@mcca.com.

Permissions and Reprints Reproduction of Diversity & the Bar in whole or in part without permission is prohibited. To obtain permission, visit www.mcca.com/dbmagazine and click on reprint request.

Copyright Copyright® 2016 by the Minority Corporate Counsel Association, D ­ iversity & the Bar is published six times a year and is distributed to supporters and subscribers, 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

The information contained in this publication has been provided to the Minority Corporate Counsel Association (MCCA®) by a variety of independent sources. While MCCA makes every effort to present accurate and reliable information, MCCA does not endorse, approve or certify such information, nor does MCCA guarantee the accuracy, completeness, efficacy or chronological sequence of any such information. Use of such information on the readers’ part is entirely voluntary, and reliance upon it should be undertaken only upon independent review and due diligence. References to any commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise shall not constitute or imply endorsement, preference, recommendation or the favor of MCCA. MCCA (including its employees and agents) assumes no responsibility for consequence resulting from the use of the information herein, or in

any respect for the content of such information, including (but not limited to) errors or omissions; the accuracy or reasonableness of factual or other data, including statistical or scientific assumptions, studies or conclusions; the defamatory nature of statements; ownership of copyright or other intellectual property rights; and the violation of property, privacy or personal rights of others. MCCA is not responsible for, and expressly disclaims and denies liability for, damages of any kind arising out of use, reference to or reliance upon such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by MCCA with respect to such information.

Copyright in this publication, including all articles and editorial information contained herein, is exclusively owned by MCCA, and MCCA reserves all rights to such information.

MCCA is a tax-exempt corporation organized in accordance with section 501(c)(3) of the Internal Revenue Code.

Its tax ID number is 13-3920905.

MCCA.COM MAY.JUN.2016 D I V E R S I T Y

& T H E B A R 5

NOTES FROM THE CEO BY JEAN LEE

When Change is Good CHANGE IS A WORD that brings out both joy and angst in people. Although I have worked as your CEO for less than 60 days, my staff and I have been extremely busy. Along with that work comes a certain amount of change so that MCCA continues to thrive.

MCCA used to have five separate Employer of Choice Award dinners in each region of the United States. This approach no longer became feasible financially or logistically, so five years ago, we merged all of our EOCs into one night: the Diversity Honors Gala.

Along the same vein with the Thomas L. Sager Awards, we used to hand out five awards—one to a law firm based in each region of the U.S. This year we will give out one Thomas L. Sager Award www.mcca.com/sager at our Diversity Honors Gala. We will pick the final awardee from three finalists and announce the winner the night of the Diversity Honors Gala on July 19. You can find details about the Diversity Gala at www.mcca.com/gala.

We’ve also changed our CLE Expo. Starting this October, it will be replaced by the Global TEC (Technology, Education, Careers) Forum. The Forum brings you the unique opportunity to come together and discuss the most current trends, opportunities and challenges facing the corporate legal and law firm communities today. It will be an opportunity for our members to showcase their talent. In addition, we are focused on changing the landscape of the legal profession by improving the diversity stats we see each year in the MCCA/Vault and General Counsel surveys. To improve those numbers in our law firms and corporate legal departments, we will offer training to our members. New Orleans is still our host city on October 6 and 7 and I hope to see you there. Event details can be found at www.mcca.com/gtec.

Generational diversity is key to a thriving organization. So, to tap into our future, we’ve created

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the N-Gen (Next Generation) Advisory Board. Our call for nominations went out in early May. The purpose of this advisory board is to encourage collaboration of law firm and inhouse leaders who will drive the conversation to inspire change within our profession while also developing the next generation of leaders. Maybe one day, one of our LMJ Scholars will sit on our N-Gen Advisory Board.

As we publish one of our most popular issues each year, the May/ June issue of Diversity & the Bar showcases the future of a diverse legal profession. Fifteen law students who now comprise the MCCA LMJ Scholar class of 2015-16 are helping to expand the legal profession’s diversity pipeline. Since 2004, MCCA, through the generosity of donors like you, has handed out more than $2.85 million in scholarships to diverse individuals who are outstanding scholars, have an interest in corporate law and possess a real commitment to diversity and inclusion. Read our cover story about these exceptional students.

I look forward to building MCCA even stronger than before by supporting our members and FANs, who are our partners, in improving the diversity and inclusion in our profession through research, best practices and training. As always, please feel free to reach out to me, or any of the staff when you have questions, concerns or ideas. Thank you for your continued support because without you, we cannot make any meaningful changes. ■ MCCA_law

www.facebook.com/mcca.law

We want to hear from you!

CORPORATE DEMOGRAPHIC STUDY

CORPORATE DEMOGRAPHIC STUDY Don’t let your legal department miss out and participate in MCCA’s Corporate Demographic Survey. In conjunction with the NALP Foundation, the survey collects diversity metrics. Data provided in this survey will be aggregated and used to produce the second edition of the widely cited report, “Sustaining Pathways to Diversity® Comprehensive Examination of Diversity Demographics, Initiatives, and Policies in Corporate Legal Departments.”

Corporate legal departments participating in the 2016 study will receive a customized report showing their responses compared to the aggregated responses of all participating companies.If your legal department would like to participate please click here to submit your department’s responses via our survey link.

All responses must be submitted online and only one survey can be completed by each department.

The survey deadline has been extended to June 15, 2016.

BIAS

INTERRUPTERS

SURVEY

The Minority Corporate Counsel Association and the ABA Commission on Women in the Legal Profession are working with Joan C. Williams, Distinguished Professor of Law at the University of California, Hastings Center for WorkLife Law, to conduct the survey, Understanding In-house and Law Firm Lawyers’ Workplace Experience. This survey is targeting ALL demographic groups and we are looking to hear from BOTH men and women. Results from the survey will help develop best practices in the legal profession for improving organizations’ ability to tap and develop the talent of the legal workforce.

The survey will take roughly 10 minutes. Participants must be 18 or older, with at least two years of work experience as lawyers.

The survey deadline has been extended to June 16, 2016.

The information provided will be used for research only and kept strictly confidential. Individual results are combined with others’ responses, all identifying information will be eliminated. Neither you, nor your employer, will ever be identified for any reason.

To complete the survey, go to: https://www.research.net/r/lawyer2016 Questions? Email Su Li, Ph.D., of the Center for WorkLife Law, at lisu@uchastings.edu.

DIVERSE PROFESSIONAL DEVELOPMENT BY RUTHIE WHITE

Why Humility Is a Neglected Leadership Trait I GREATLY APPRECIATE THIS OPPORTUNITY to share my thoughts on professional development. But first, a few words about me: My best friend calls me “wife.” My greatest blessings call me “mom.” In this legal world, I am “Ruthie White,” managing principal of the Houston office of Jackson Lewis PC. I call each day another opportunity to demonstrate humility—an overwhelmingly neglected leadership trait. Notably, humility is neither a reflection of weakness or insecurity. Instead, humility is an appreciation of the strengths of others and an eagerness to help them. You can be both humble and fearless. I ask you to consider the following: Be grateful. All of us were blessed to be in the right place at the right time with the right people who had the right heart to nurture, encourage and teach us. If you know this, it is a disservice to ignore your obligation to help others.

Notably, humility is neither a reflection of weakness or insecurity. Instead, humility is an appreciation of the strengths of others and an eagerness to help them.

Choose to be humble. It is hard to be humble, especially in this competitive legal world that we live in. It requires a mindset to serve others first and to give more than to receive.

Practice at least one humble act each day. Take every opportunity to recognize and thank others for who they are, what they do and how they have added value to your life.

Recognize it is not all about you. Stop being so full of me, myself and I.

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Admit when you are wrong. Everyone else already knows that you are imperfect, so it is truly heartwarming when they know you know it too.

Know you do not know everything. You are never right all of the time. So, remain teachable.

Give others the benefit of the doubt. You cannot be receptive to ideas or appreciative of others if you are always questioning their intentions and/or judging them.

Forgive those who wrong you. After 27 years of imprisonment simply for opposing apartheid, Nelson Mandela said, “I knew if I didn’t leave my bitterness and hatred behind, I’d still be in prison.”

Listen more than you talk. What a powerful experience. Try it and notice how your efforts are appreciated.

Now, I am far from being an expert on humility. I am a work in progress. I hold fast to that familiar prayer: “Dear Lord, So far today, I have remained in a position of humility. I am truly grateful for my life. I haven’t complained. I have not thought highly of myself. I listen more than I talk. I seek first to understand and serve. I admit when I am wrong. I have given everyone the benefit of the doubt and have forgiven those who wrong me. But in a few minutes, Lord, I’m going to get out of bed and get dressed for work … and from then on, I’m going to need a lot of help.” ■ RUTHIE WHITE (ruthie.white@jacksonlewis. com) is managing principal at Jackson Lewis PC, exclusively representing management in labor and employment matters.

BUSINESS TRANSACTIONS BY ALONZO L. LLORENS

Activist Shareholders and the Balancing Act FROM ALL INDICATIONS, CAMPAIGNS AGAINST public companies by activist shareholders not only increased in 2015 but were more aggressive than in recent years. These campaigns can result in forced changes to the strategic direction and financial priorities of a company. Moreover, it presents a potential dilemma to the boards of these companies in determining whether the companies’ reaction to these campaigns are solutions that may very well work in the short-term but present issues in the long-term. These are serious issues that can affect the well-being of a company for years to come. As such, public companies, and their boards must engage in a balancing act in determining how they react to such campaigns.

Sound arguments can be made on either side of the equation as to whether shareholder activism is a net negative or a net positive on overall direction and viability of our public companies. For a host of reasons, public companies are always facing the issue of whether their strategic decisions not only address their short-term needs of ensuring that their companies meet market expectations on a quarterly basis, but also meet the long-term needs of the company. Certainly, campaigns by activist shareholders can complicate the matter even further.

At the end of the day, it is reasonable to believe that there will not be a slow-down in the number of campaigns against public companies by shareholder activist.

There are a couple of primary factors at play that underlies the reason behind not only more campaigns but more aggressive campaigns by activist shareholders. The first reason is an increase in the number of activist hedge funds. Many of these funds seek to transform boards, push for acquisitions and spin-off nonperforming assets. Another reason is the fact that U.S. companies are holding record sums of cash on their balance sheets. These two factors combined create a perfect storm and make the environment ripe for such campaigns.

Certain industries, such as technology, tend to be more attractive than others to activists because they tend to have significant amounts of cash on hand, little debt and pay smaller dividends than other industries.

This is attractive to activists because many of these

campaigns have focused on stock repurchase programs to increase the amount of returns flowing to shareholders. The activists believe that if a target company has a large amount of cash and low debt it can use both existing cash and borrow money at a low rate of interest to aggressively repurchase shares of stock. Alternatively, these companies can use the cash and borrow funds to pursue an acquisition program that enhances the intrinsic value of the company’s stock.

Targeted companies can react to these campaigns in several ways. For example, they can aggressively respond to such campaigns through proxy contests, which can be costly and time-consuming. The companies can take preemptive measures by adopting conservative strategic and financial policies, thereby making it a less attractive target to shareholder activists. Further, the target companies can elect to seek settlement and cooperation agreements with the activists to avoid a long and costly fight. Unfortunately, each of these responses present certain risks to the companies and their respective boards.

At the end of the day, it is reasonable to believe there will not be a slowdown in the number of campaigns against public companies by shareholder activists.

Moreover, there is no reason to believe that these activists will be any less aggressive shortly, at least, against their targets. Therefore, public companies should be prepared, in the event they are targeted, to respond in a manner that addresses both their short-term and longterms needs. ■ ALONZO L. LLORENS (allorens@gordonrees. com) is a partner with Gordon & Rees LLP and a member of the Business Transactions Practice Group.

MCCA.COM MAY.JUN.2016 D I V E R S I T Y

& T H E B A R 9

GENERAL COUNSEL INSIGHT BY MIGUEL R. RIVERA SR.

Reminding Ourselves and Our Teams Why We Do This FACE IT, IN THE ROUGH AND TUMBLE THAT is the practice of law—the day-to-day pressure and the long hours—it is sometimes easy to get lost in the shuffle and lose sight of why we do this. Complicated issues, no easy answers in the law, fact-complex scenarios, angry clients, obnoxious adversaries and political pressures can easily and frequently do drown out the better angels of our nature and contribute significantly to our forgetting why we became lawyers in the first place and why we do this. It happens to the general counsel, and it happens to our staffs and lawyers. It’s important that during these times, as leaders and the people many will look to for an example of how they should act during times of stress, we remember why we do this and stay positive. Here is what I remind myself during hard times.

We all work for something bigger than ourselves:

The law is what binds society into a cohesive whole and brings order from the chaos of life. Justice, fairness, equality, a bulwark against the will of the stronger against the weak, that’s what the law is.

The law provides and ensures an avenue for the protection and enforcement of basic human rights: the right to contract; the right to purchase and develop land; the right to commerce in a fair and just economic system; the right to be free from unfair and intrusive government intervention and regulation; the right to political representation and a voice in government; and the right to protect one’s intellectual property and to earn a living by one’s wits. These are things that we lawyers work to protect and enforce on a daily basis. It’s worth remembering this when we are busy and otherwise feeling low.

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We have a sacred trust with those who retain and use our skills and talents:

Because we have chosen to dedicate ourselves to the law, to knowing it and its secrets, we occupy a special place in society, and we are in a special relationship with those who seek our advice and our counsel. We understand and know the law, its processes and procedures, its nuances and vagaries. And, we have a sacred trust to our clients to use that knowledge and our skills to improve their lots in life and business and to do so showing the highest integrity and ethics. That is inspiring, and it can frequently give you the drive and the energy to go the extra mile when it’s late and you’re tired.

Solving our client’s problems is a rewarding experience: Lawyers are analytical. We enjoy a good conundrum. Watching the change that comes from a client after she walks into your office stressed and laden with the bur-

dens of business, of life, of regulation and seeing the weight lifted when you can talk her through the issues and take her burden away is deeply satisfying. That’s an experience that is rewarding and worthwhile. Fixing problems, analyzing complex issues, providing counseling and building trusts are one of the most rewarding parts of the profession.

Adding Energy Back

It’s hard sometimes to remember these three things as we struggle through the rough and tumble of daily practice. It may even seem cliché at times—but it’s why we do this difficult and rewarding job.

And if remembering these three things doesn’t help, just watch “To Kill a Mockingbird” or better yet, read the book. Atticus Finch’s example does it for me every time.

Whatever does it for you, remember to think about it, watch it, read it and allow it to put the energy back in your battery so that you can effectively lead and be an example to those who work for you. ■ MIGUEL R. RIVERA, SR. (miguel.rivera@ kutakrock.com) is of counsel with Kutak Rock and a former general counsel. Given his new position, this column will be his last General Counsel Insight for Diversity & the Bar. We are extremely appreciative of his time and what he has shared over the past 18 months.

LITIGATION MATTERS BY CRAIG A. THOMPSON, ESQ.

“ Grandma Says ...”: An Old-School Approach to Courtroom Decorum WHEN WE WERE YOUNG many of us were influenced by a number of forces. For large numbers of us, our grandparents also influenced us and provided sage and timely life lessons. In many cases, it was our grandmothers who laid down the rules and identified the social norms that were appropriate in the house but would lead to success in the world.

Whether you called her Grandma, Nana, Bubbe or Mee-Maa, the lessons they provided were universal. As trial lawyers, those simple lessons can assist our courtroom presentations and ultimately lead to greater success with judges and jurors.

observed and, candidly, judged. Minding our manners in the courtroom can assist in reducing the risk of having our position judged in a negative way simply because of our behavior.

Mind Your Manners

Grandma wanted us to be presentable and to look and act like we belonged in our spaces (and not embarrass the family!). In court, our full presentation not only involves the facts and law, but our presence.

Don’t distract the fact-finders by looking sloppy or unkempt. Don’t present poorly for your client by making it appear that you care little for yourself. This is in no way to suggest that trial attorneys need to buy expensive suits, skirts, shoes and handbags (please don’t make those purchases and say that Craig told you to do it). Our attention to the details of our physical appearance aid in the attention paid to what we have to say.

It seems simple enough, but sometimes the heat of battle can make even the most generally polite attorneys forget the little things. We were taught when we were little to say “please” and “thank you” and address people by their names. Grandma called it minding our manners and reminded us that we were always being observed.

When trying a case before a judge or jury, the importance of minding our manners cannot be overstated. I have talked to numerous ex-jurors and participated in many mock juror exercises and continue to be intrigued by the many references to the manners of the attorneys and how that shaped their views about their clients and, ultimately, their cases.

“I gave the defense case a stronger ear than I thought I would originally because I said if they hired someone that nice and respectful they must be OK.” “I could not believe how rude that attorney was; it really made it difficult to listen to what they were saying.” “It meant a lot when the attorney said ‘good morning’ to us every day before asking the witness questions; it made us feel more involved.”

We are the speaking agents for our clients and their legal positions and should never forget that we are always being

Look/Act Like You Belong

Pick Up after Yourself

You might be surprised (or maybe not) by the number of attorneys who leave papers, notes, devices and more in court when they leave. Grandma told us to always clean up behind ourselves, not only because it was the right thing to do but because it could prevent our “stuff” from falling into the wrong hands.

In the heat of trial, when entering and exiting the courtroom, I am particularly careful to make sure I have everything that I brought with me. First, I don’t want jurors to view me as absent-minded or

uncaring about those who have to clean up my “mess.” Second, without knowing what I left behind, I could unknowingly provide someone with important information, plans or more.

One of my former law partners—an amazingly talented trial attorney—used to say, “You know we get paid to be paranoid—I’m starting to get pretty good at it.”

While the humor in that statement is undeniable, the truth of the sentiment should not be ignored. Of course we should trust the ethical integrity of any and everyone we interact with and should assume the best in everyone. At the same time, we should never intentionally or lazily place ourselves in a position where we expose ourselves. Pick up after yourself.

Don’t Be a Jerk

Grandma told us that people really, really, really don’t like jerks. Jurors are people.

Don’t be a jerk. They won’t like you.

If we take the time to remember the practical wisdom we received when we were bright-eyed, open to learning and willing to heed the words of those who had our best interest in mind, we can apply some of those basic lessons to how we approach our courtroom behavior. We should do all that we can to make ourselves as believable as possible. Grandma would be proud. ■ CRAIG A. THOMPSON, ESQ. (cathompson@venable.com) is a partner with Venable LLP and a trial lawyer with 20 years of experience trying civil cases in state and federal courts throughout the country. He is a member of the board of directors of the International Association of Defense Counsel and lectures across the country on topics related to civil litigation. Connect with him on Twitter at www. twitter.com/getcraig and LinkedIn at www.linkedin. com/in/craigathompson.

MCCA.COM MAY.JUN.2016 D I V E R S I T Y

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SPOTLIGHTING BY PATRICK FOLLIARD

Lieutenant General Flora D. Darpino, The U.S. Army Judge Advocate General LIEUTENANT GENERAL FLORA DARPINO made military history in September 2013 when she was promoted to serve as The Judge Advocate General of the U.S. Army. Never before had a woman been named the Army’s top lawyer. But LTG Darpino shakes off the trailblazer mantle. “It’s hard to perceive me from the outside. For myself it’s more that I just took one step after the next and worked incredibly hard.”

When she joined the Judge Advocate General’s Corps (JAG Corps) as a direct commission officer in 1987, LTG Darpino knew she was entering a male-dominated organization. At that time, the JAG Corps was only 8 percent women, and none was in the senior leader area. She recalls her first assignment in Stuttgart, Germany, where

In fact, she never imagined a career in the military until a law school professor suggested she join up, advising it was a terrific way to gain litigation experience. she served as trial defense counsel for United States Army Legal Services Agency, U.S. Army European Command: Her boss greeted her with, “I told them not to send me a woman, but they sent you anyway.”

Ever the optimist, she focused on the backend of the statement: “I told myself, ‘somebody must think I can handle this job because they sent me anyway.’ I had been raised to work hard at whatever I do, and I knew I’d prove to him that they were right to send me. By the time I left for my next assignment, he had turned

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around. My boss no longer was hesitant about accepting women into his organization.”

The Army JAG Corps is made up of more than 10,000 legal professionals, including commissioned officers, enlisted soldiers, and civilian employees at over 100 active and reserve Army legal offices worldwide, all of whom are led by one lieutenant general.

This military legal branch advises on a wide range of legal issues, including civilian and military personnel law, the law of armed conflict and international relations, and military court-martials.

To join the Army JAG Corps, candidates must have already graduated from law school and be licensed by a state bar. They then go on to study military specific law, to include their criminal code, the Uniform Code of Military Justice, and a wide variety of practice areas involving state, federal and international law.

Born in Wilmington, Del., LTG Darpino is a second-generation Italian-American. “For my father, it was important that each generation does better than the one before it, and though my mother was a traditional homemaker and mother of five, she wanted her daughters to be educated and able to support

themselves. She had seen other women struggle.” After receiving a bachelor of arts degree from Gettysburg College in Pennsylvania, not far from Civil War battlefields, she earned a juris doctor from Rutgers University in New Jersey, and after joining the Army she earned a master of laws degree in military law from The Judge Advocate General’s Legal Center and School in Charlottesville, Va. LTG Darpino is at the apex of her career; she can be promoted no higher. But were you to imagine that the young Darpino had always longed to don a uniform, you would be wrong. In fact, she never imagined a career in the military until a law school professor suggested she join up, advising it was a terrific way to gain litigation experience. “Since my husband was already a commissioned officer it made sense,” she remembers. “I could practice without worrying about getting licensed in every new location where we were stationed.

So I said, ‘Why not?’

“In the beginning, I didn’t even know what a judge advocate general was,” she said with a chuckle.

“In those early days, I was trying to learn the ranks. Taped on my bathroom was the rank structure and how units were set up by companies, battalions and brigades so I could memorize them. The law part was easier, but the military structure was foreign to me. The drill and ceremony took some time. I learned how to salute standing in front of a mirror in a hotel room doing my best not to look like an idiot.”

But she caught on quickly and after a year was entirely inculcated in military culture. Throughout her career, she has been trial defense counsel, training officer, litigation attorney, recruiting chief, staff judge advocate, chief judge, and commander. “They’re different jobs at different times. I valued being a defense counsel—it taught young Flora a lot about people.

People will look you in the eye and lie to you. That was a big lesson for me. I also love the courtroom.”

The job remains an ongoing education. “In the morning, I’m learning the National Defense Authorization Act that passed last year on the transformation of acquisition law. A few minutes ago, I was reading an international law article on hybrid warfare and human rights in a counterinsurgency.

It’s varied and exciting.”

While climbing the JAG Corps ranks, LTG Darpino was twice deployed to Iraq, the first time because she was assigned to a combat unit and the second time by choice.

Today, she is assigned in Washington, D.C., where she is the advisor

to the chief of staff of the Army and the secretary of the Army. She still visits troops in deployed areas from time to time.

In 2010, Commander Florencio Yuzon, a U.S. Navy judge advocate, was selected to be the deputy staff judge advocate to United States Forces-Iraq. LTG Darpino, who was a colonel at the time, was the senior Department of Defense lawyer in Iraq, and he was her deputy.

Their legal office had more than 75 attorneys from all service branches (including Coast Guard) and civilian lawyers. “Then-COL Darpino oversaw the strategic vision of the legal office and allowed me to run its daily operations,” said Commander Yuzon. “In many ways, she was the composer, and I was charged with directing the orchestra.

“Being in a combat setting, we worked very closely, often working from very early in the morning until very late at night (often to very early the next morning), seven days a week. She always took a very collaborative approach, and she would solicit input from everyone on our staff, from senior officer

down to the most junior enlisted person. The only (slight) tension between the two of us was during the ­Army-Navy football game.

Friendship had to give way to service rivalry on the football field.

Navy prevailed of course.”

On a more serious note, Commander Yuzon continued, “To her subordinate personnel, she exemplified moral courage and often took the approach that just because something was ‘legal,’ it didn’t necessarily mean it was something we should do. She weighed every action and balanced benefits, burdens and risk, all lessons that I’ve tried to emulate in my own legal practice.”

For LTG Darpino, the Army has been an environment conducive to taking risks. It has provided challenges that she has readily accepted. She is unsure if she would have pushed herself so hard in a different environment.

“I am a soldier,” said LTG Darpino. “I have never regretted my decision to join the Army. First, I’ve never had to worry about billable hours, but more importantly, in the military, I work with other lawyers and clients who are trying to do what’s right and care deeply about soldiers and keeping them safe. I’m part of a values-based org. When you can say to your boss, ‘Sir, that’s lawful, but I’m not sure we should do that,’ it’s a different level of practice.

“Looking back,” she added, “I’d do the 30 years all over again.” ■ PATRICK FOLLIARD (epf2810@gmail. com) is a freelance writer based in Silver Spring, Md.

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Breaking through the

Bamboo Ceiling Lawyers explore the benefits of pan-Asian cooperation and collaboration to boost career trajectories.

T

By Lydia Lum

HE QUESTIONS FOR THE AUDIENCE of Asian-American and Pacific Islander general counsel seemed straightforward.

Do you hire AAPIs as outside counsel? Or as relationship partners who receive credit for bringing the accounts to their law firms?

The responses, however, were not so clear-cut. In fact, some of the body language—flinches, starts, eyes growing big—was as provocative and nuanced as the gasps and utterances of “Why?” The GCs who answered anything but “yes” insisted they hire the best lawyers, regardless of race. Showing favoritism toward AAPIs suggests that such individuals have limited abilities and talent, they explained.

Besides, high-achieving, diligent AAPIs don’t need the help, they said.

Ryan Whitacre has encountered this point of view throughout the legal profession.

“There’s a false sense of meritocracy,” said Whitacre, a managing director of the Major, Lindsey & Africa legal recruiting firm.

This is one of the topics that has been explored in recent years at a series of roundtables aimed at boosting the careers of AAPI lawyers—but along the way, it has unearthed conflicted emotions among decision-makers over whether to support peers in their racial group as ardently as they pursue other priorities. And what should that support consist of?

Organized by Major, Lindsey & Africa, the events have drawn in-house legal chiefs throughout the Midwest, plus a few lawyers from Vedder Price, which hosted discussions at the firm’s Chicago office. A companion event at Shearman & Sterling LLP in Menlo Park, Calif., drew West Coast in-house counsel, along with a few of the firm’s lawyers. Invitations to each roundtable were limited to AAPIs.

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Promotions Are Never Just about the Work

Those who have attended at least one of the gatherings say they encourage candid talk about the so-called “bamboo ceiling,” common experiences across corporate law departments and how to navigate misperceptions about AAPIs as leaders.

One discussion thread has focused on whether AAPI general counsel steer substantial amounts of business to their ethnic counterparts at the firms. This generated a variety of reactions—including skepticism and surprise.

Whitacre believes that AAPI parents often hand down beliefs about meritocracy to their children, who grow up and follow suit. He has heard similar opinions expressed at bar association conferences for subgroups, whether it’s Korean-Americans, Filipino-Americans or South Asian-Americans. Take the path for professional advancement, for instance.

“Too many AAPI lawyers believe that if all they do is keep their heads down and work hard, they will likely get promoted,” Whitacre said. “It’s like back in school where you think that if you score a certain grade on a test, then everything will be fine, but that’s not what happens at work.”

Instead, promotions also hinge upon an employee’s willingness to take risks—such as volunteering for assignments outside his or her specialty—and to tastefully self-promote in order to remind supervisors of the person’s value to the organization, said Whitacre, whose career includes private practice and in-house jobs at large corporations.

“Promotions are never about just the work,” he said.

Yet, expectations at U.S. workplaces sometimes clash with cultural norms that many AAPIs grow up with, such as modesty, deflecting praise, avoiding risk, deferring to seniority and not questioning authority.

Work Hard, but Enlist Mentors and Sponsors

Kathryn Kimura Mlsna tried navigating these kinds of opposing ideas as a young working mother in the 1980s— but without a mentor. Neither of her Japanese-American

parents had encouraged her to seek a mentor, nor had they elaborated on the benefits gained from these relationships.

“Looking back, I could have benefited from a mentor’s perspective, but at the time, finding a mentor wasn’t on my radar screen,” said Mlsna, who has held in-house positions in the corporate and nonprofit spheres. “I was raised and schooled to work things out on my own.”

I was raised and schooled to work things out on my own.

—Kathryn Kimura Mlsna While working for a Fortune® 500 law department, for example, Mlsna was so determined to prevent her personal life from seeping into standard business hours that she would take a vacation day— rather than ask for time off—whenever one of her kids became sick and needed a pediatrician. To avoid falling behind, Mlsna finished her assignments either extra early or late into the evening.

“I didn’t just work hard,” she recalled of her mindset three decades ago. “My goal was to exceed expectations [held by others].

No one at work needed to know the reason I was out of the office.”

But her views shifted as the years passed. Today, Mlsna urges young lawyers to enlist mentors and sponsors. She has assumed these latter roles as her career evolved and advanced, and she was a discussion leader at one of the AAPI roundtables organized

by Major, Lindsey & Africa. Since leaving the in-house world, she has been associate executive director of the Chicago-based American Academy of Periodontology.

Mlsna said AAPI lawyers can break through the bamboo ceiling that seems to stunt upward mobility into the C-suite—at least, statistics suggest that it does. For instance, only 16 Fortune® 500 companies employed an AAPI legal chief last year, according to the annual MCCA General Counsel Survey. The 16 lawyers included one South Asian-American and one biracial GC who’s Asian-American and Caucasian.

“Put inappropriate stereotypes squarely on the table if you feel they are being applied to you,” Mlsna suggested. “Address negative perceptions about your leadership skills by creating

COURTESY OF MAJOR, LINDSEY & AFRICA

COURTESY OF KATHRYN KIMURA MLSNA.

Kathryn Kimura Mlsna

Ryan Whitacre

an opportunity to talk about the effective leadership you have already demonstrated. Identify a team to lead in the future.”

Discussion at the AAPI roundtables has delved into barriers to career advancement, such as being pigeon-holed as the lawyer handling business with an Asian nation or being stereotyped as an information technology expert.

Roundtable participants have talked about the practicality— and for some, a perceived impossibility—of cobbling a pan-Asian alliance to further the careers of all AAPIs in the profession.

Some lawyers have doubted the wisdom—even the plausibility— of partnering with colleagues across different ethnicities and age groups. They have also wondered if it’s possible to overlook the different priorities of U.S.-born versus foreign-born AAPIs and native English speakers versus non-natives.

Whitacre doesn’t fault the skeptics. He grew up in a Midwestern town where Korean-Americans were few, and he felt proud when friends called him “a good guy” because he didn’t seem Asian. But he began exploring his cultural roots during law school because so many people lumped him with other AAPIs.

We’re behind other racial groups in the activism game, but I’m thrilled [AAPI] people are talking about this. —Ryan Whitacre Nowadays, the tendency of all Americans to regard AAPIs as racially homogenous—however short-sighted that may be—is why AAPI lawyers should band together whenever possible, Whitacre said.

“The majority of corporate America sees us as one,” Whitacre said. “We’re not a monolith, but splinters can crumble our collective actions. We should get over our differences and try to help each other. Besides, [non-AAPIs] don’t believe we need the help, so we have to talk about these issues.”

He added, “We’re behind other racial groups in the activism game, but I’m thrilled [AAPI] people are talking about this.” ■ A freelance writer and editor, LYDIA LUM (lydialum999@yahoo.com) is a former reporter for the Houston Chronicle and Fort Worth Star-Telegram.

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CLIPPING

THE LAW

By Lekan Oguntoyinbo

AT DEMOTT MCCHESNEY CURTRIGHT ARMENDARIZ,

He said it also helps for a law firm to negotiate for shorter contracts on supplies. He said shorter contracts could sometimes give the buyer leverage in getting better deals.

Like McChesney, Ruby Powers, a Houston-based immigration attorney who runs a firm of 10 full-time employees, said she tries to minimize the use of paper and ink.

She said she tries to have her attorneys and the clients review documents carefully on large screen computers before printing anything out.

Powers said she also skimps on furniture purchases. When she first started practicing seven years ago, in the middle of the Great Recession, she worked from home, she said.

“The desk I used at home is the same desk I use in my office,” she said. “I kept that mentality. In a way, that helped me grow. My desk is from Craigslist. Sometimes in my office building if someone is giving away something I take it. I even used my dining room chairs for a while.”

Marty Healy, chair of the In-house and Law Firm Management Committee of the International Association of Defense Counsel, said firms have opportunities to save in a variety of other areas as well, including office space, IT and library services.

Healy, a partner at Sedgwick LLP, a large San Francisco-based law firm with offices around the world, said many firms have cut the expense of maintaining hard copy libraries and rely more on legal research providers.

“My office in New Jersey has no hard copy library. We do everything electronically. The hard copy library was expensive to maintain and not nearly as up to date,” he said. “We vet all our expenses. When we believe we are overpaying, we go back and renegotiate or find a better deal elsewhere.”

Healy said his firm has merged most of its IT services into a single service center, providing real-time access to lawyers across the country who can view documents as they are prepared. He said the firm has

a law firm with offices in San Antonio, Houston and Austin, employees are instructed to try and refrain from printing out emails and other documents that can be digitally stored. The firm, which employs 18 attorneys and an additional 60 support personnel, recently did away with paper cups for coffee and other assorted plasticware. Now employees receive mugs with the firm logo for their hot beverage. To save on coffee costs, the firm has stopped preparing a big pot of coffee each morning.

Employees now make their own coffee using durable, reusable cups.

Managing partner Ruth McChesney said such cuts have helped make the firm a little bit more profitable.

“It’s not significant, but it adds up,” said McChesney, who joined the firm in 1998 and became a partner in 2000.

And those little bits of savings from assorted expenses, from paper to paper clips, from coffee to disposable cups, from furniture to catered food, could indeed have a longterm impact on a firm’s profitability and even survival.

Employing smart strategies for saving money on office expenses while still providing quality service to clients is fast becoming a priority for law firms, many of which have struggled financially in recent years.

Harris Love, executive vice-president and partner at Bottom Line Concepts, a New York City cost-savings consulting firm, said office supplies are an obvious place for law firms to look for savings.

He said many law firms get overcharged on office supplies and other expenses such as coffee and catering services. “All these things open themselves up for savings,” said Love, a former law firm partner.

He said law firms could save money on supplies by negotiating price locks with vendors. This way, he said, a pen that costs say, 80 cents this year will remain at that price and not be subjected to a subtle price creep of about a penny or two each year.

“With our vendors we do price lock guarantees,” Love said. “Some suppliers do that, but only if a firm knows to ask for it.”

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ISTOCK

FIRMBUDGET also been able to reduce the cost of information management in mass tort cases by using technology and vendors that specialize in the specific services required.

“For the most part our firm and many others are using third-party vendors to assist in large-scale document projects because they can provide technological solutions that used to take an inordinate amount of man-hours to accomplish,” he said. “This way, we are able to get through large amounts of data in less time at a reduced cost. I go back to the days when we used to review documents box by box or page by page. Third-party vendors offer a number of options, including technology-based review tools and case-specific staffing that match the skill level required to complete the job. And, they can do it for significantly less, probably for about one-third of what many attorneys bill.”

Healy said many that firms have also started to reduce overhead by allowing their attorneys to work remotely.

“More people are working remotely than ever before,” he said. “In some firms they are still carrying individual offices for these attorneys, but in the future I think there will be more communal space and conference rooms and less designated office space.”

McChesney said her firm has also saved money on office space. At one point several years ago, the firm had two rooms dedicated to file storage.

“We were paying a premium for office space,” she said. “So we digitized the files and saved them to our system with their own backup. We found that we could use the space for staff or go lean. A virtual office is great for smaller firms.”

McChesney said her firm used to have IT services in-house years ago. But as the firm grew, it became harder to do that.

Healy said many firms have also started to reduce overhead by allowing their attorneys to work remotely.

“So we outsourced it to an outside firm,” she said.

“We spend the same amount of money, but we have the benefit of the full [IT] firm.”

Powers said the point is to re-evaluate costs and opportunities for savings regularly “because things change.”

But she also cautioned against being penny wise and pound foolish.

“Time is money,” she said. “Using gas trying to find the cheapest deal can cost money. At some point you have to realize you’re growing, and having things shipped from one or two vendors might save your money.” ■ LEKAN OGUNTOYINBO (oguntoyinbo@gmail.com) is a freelance journalist based in Dallas.

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The Potential for Working

T

By Geoffrey R. Morgan

Can boutique law firms help keep working mothers in the legal profession?

here is an enormous resource of talented, high-end lawyers who left lucrative positions at the best firms in the United States to raise children. Over the

years, there has been much debate about the trajectory of a woman’s career in law as it relates to having a family. Traditionally—as unfair and outdated as it is—the questions female attorneys considering motherhood ask themselves have been: Should I have children now? Should I wait until becoming a partner? Will children hurt my career opportunities?

Popular culture, for all its generalizations and inaccuracies, has accurately documented, if not supported, this dilemma. After all, Miranda Hobbs, a prominent corporate attorney in New York on HBO’s series “Sex in the City,” ultimately had to quit her partnership to raise her son. Or consider “How to Get Away with Murder’s” Analise Keaton, who, because of her private criminal defense practice, could never make time to have children. If art imitates life, then hood and the law don’t go together.

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ISTOCK

one thing is certain: historically, mother-

Mothers

in Boutique Law Firms

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and colleagues, and another 40 percent felt little to no support upon returning.

It’s now 2015, and while we have not corrected all of the outdated stereotypes and unnecessary limitations on working mothers, our field is in a unique position to change the reality for working mothers while at the same time positively impact client service.

Technology Helps Law Firms Proactively Provide for their Clients and Staff

Thanks to technology that makes virtual workspaces, online collaborative environments and the all-­ encompassing cloud possible, law firms are proactively figuring out how to provide their clients with the best value. They have the opportunity to bring back into the workforce organized, driven and incredibly talented stay-at-home working mothers (on their own terms).

Often, these women started at the best law firms in the United States, worked their tails off (as did all lawyers in the best firms) and left practice to start a family. As their kids head off to school, they are now both available and desirous of getting back into the workforce, though not necessarily on a full-time basis or in a brick-and-mortar firm.

What Do Working Mothers Want?

Numbers Tell the Story

According to statistics released by the American Bar Association in 2014, while women earned more than 47 percent of law degrees, they made up just 34 percent of the legal workforce. This begs the question: Where are they going? It’s probably fair to assume at least some of them are leaving practice to start families, perhaps because they’ve been conditioned to think they can’t be both parent and partner simultaneously and successfully.

What’s even more distressing is what happens when a woman returns to the workforce after having children. The evidence suggests that often their clients have been disbursed to other attorneys, the scope of their work drastically changed and their workload dramatically reduced. In fact, in 2013, research organization OnePoll found that roughly 30 percent of returning mothers felt they no longer “fit in” with their peers

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To effectively engage working mothers, it’s important to understand what they want (and what they don’t want) from their law careers. And while it would be a gross misstep to presume the wishes of all working mothers are the same, in my experience employing this demographic exclusively, this is what I’ve found.

Working mothers want the ability to pick their son up from day care or see their daughter’s Little League game without consequence. They want complex and sophisticated work, albeit not on a 75-hour-per-week work schedule. They want challenging client-facing opportunities, but perhaps not during the back-to-school week or over Thanksgiving. They may want their firm to invest in their growth and development, but on their terms. They want, in a word, flexibility.

That kind of flexibility isn’t easy to find in this business. Big law certainly has a ways to go regarding fostering the flexibility necessary to engage—and re-engage—working mothers. But there is one legal operating model that is leaps and bounds ahead of the curve in terms of flexibility.

Enter the high-end boutique law firm. Corporate, litigation, intellectual property, labor. It doesn’t matter.

These firms have realized that current technology and software tools allow them to operate at a fraction of the

overhead of traditional firms. The documents, experience and other institutional information that used to be unique and held in confidence within a firm’s walls is now readily available either online for free or through excellent information service providers like Westlaw or Practical Law for a reasonable monthly fee.

That takes care of the technology and infrastructure. But what about the talent? That’s where working moms can shine. Not to generalize, but in many cases these women prefer to work 10–30 hours per week and in most cases from home. No problem. Technology makes that easy. Women have the pedigree they earned from their years at big law. Through Skype and other advanced communications, they can collaborate easily.

They can be paid by the hour and, because the overhead is low, the lawyers and boutique firms can do well.

The firms avoid the overhead of a full-time employee, and they can expand and contract their professional staff to meet workload demands.

Boutiques are efficient in a way that is measurable from both the clients’ and employees’ perspectives.

Often, they operate by strategically employing, on a part-time basis, a deep bench of experienced lawyers whose specialties match current (and changing) client needs. This gives firms access to the experience they need and clients the results they demand.

Flexibility is inherent in the boutique model. It’s what makes boutique firms thrive. It’s why we see headlines like “Boutiques Are In” (Corporate Counsel, 2015) and “Five Reasons Large Companies Are Turning to Boutiques” (Law360, 2014).

Oh, and clients love this model! They are getting highly experienced legal talent at a fraction of the price that big law is required to charge. The same price at big law would get them young, inexperienced associates or, alternatively, the “C” team.

Big law, as opposed to boutique firms, is challenged by high overhead and general inefficiencies. Consider this: The full-time employment of a $150,000-per-year junior partner means, right off the bat, she must bill $150,000 just to break even. This does not account for her 200-square-foot office space in the heart of downtown or the electricity required to power the office.

Those expenses not only translate into higher rates for the client, but it’s easy to see how the big law model almost begets a dog-eat-dog environment. Everyone is expected to pull not only her weight but the weight of the three associates working on her team. Adding a family into the mix can seem almost impossible.

So what do working mothers not want? In my experience, they’re not interested in some of the traditional

big law obligations such as business development responsibilities. They’re often put off by the mere thought of office politics or partnership-track duties.

Their depth of experience signals they are likely to have put in their time working on projects they’re not excited about over long hours they can live without.

They want more.

According to the U.S. Census Bureau in 2014, the majority of women between the ages of 15 and 50 are mothers, so why shouldn’t the legal workforce mirror this reality?

Boutique Law Firms May Be a Fit

Boutique law firms are poised to give them more. This model not only supports ever important diversity initiatives, which vendors may like and clients may demand, but it also makes these firms more competitive and more representative of their client base. According to the U.S. Census Bureau in 2014, the majority of women between the ages of 15 and 50 are mothers, so why shouldn’t the legal workforce mirror this reality?

Hiring part-time working mothers also makes financial sense for the owners and operators of boutique firms. In many cases, these women don’t require health insurance or other benefits such as paid vacation, meaning the law firm can reduce the cost to the client even further. And, thanks to the increasing reliability and capability of technology, firms can be just as effective (if not more so) working remotely as they are in those expensive downtown corner offices.

While not a new idea by any stretch, this concept is starting to gain traction in a way it hadn’t before. Sites like Bliss Lawyers, a Web-based organization offering access to 10,000 lawyers across the nation, are attracting the attention of law firms that are drawn to the flexibility of part-time or contract legal assistance. And this is only the beginning.

Our world has never been more connected, and our workforce has never been more portable. If law firms don’t start stepping up and adequately engaging—and re-engaging—working mothers, it will be their loss. ■ GEOFF MORGAN (gmorgan@morgan-lg.com) is the founding partner of Morgan Legal Group, a high-end corporate boutique law firm with offices in Milwaukee’s Third Ward and the Chicago Loop.

Morgan has more than 30 years’ experience as a corporate and securities lawyer and business advisor and has been recognized by his peers as a Best Lawyer for more than 10 years.

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The Future of the Legal Profession Meet the

2015–2016

LMJ Scholars

By GLENN COOK

The daughter of an Iranian refugee and a Spanish immigrant, Heidi Savabi saw firsthand the adversity and discrimination her parents had to overcome due to “their appearance and accents.” By the time she reached college, she was determined to help others in similar situations.

Heidi Savabi

“My father was the oldest student and the only foreigner in his college. My mother worked long shifts in a factory to support the family while my father was in school,” said Savabi, who is completing her first year at Northwestern University School of Law. “Witnessing their struggle and learning of the difficulties that immigrants and refugees experience around the world compels me to act.”

Savabi’s drive to help others through the law is

22 D I V E R S I T Y & T H E B A R MAY.JUN.2016 MCCA.COM

reflected in this year’s class of 15 LMJ Scholarship winners, many of whom are first- or second-generation Americans who witnessed their parents’ struggle to succeed. They see how the legal field, especially one that reflects the country’s increasingly diverse population, can make a difference for families like theirs.

Thanks to the MCCA program, which has been in place since 2004, more than 180 highly qualified but financially challenged students have received $10,000 scholarships to help them pursue a corporate law career.

Leah Wong

All recipients said the scholarship allows them to pursue their passion for the law and make vital connections in their respective fields without facing enormous debt after they graduate.

“Law school is a very serious investment, and many people get discouraged from ever pursuing their dreams because of the astronomical debt and tuition that comes with it,” said Leah Wong, one of this year’s recipients. “For me, this scholarship not only allows me to attend law school but be more bold and creative in deciding what that career will look like. Rather than only pursue positions for strictly monetary reasons, I can consider other aspects that are really important in a legal career, too.”

Public Service on Path to Law School

Public service through a global lens, as well as a diverse range of experiences that pointed them toward their future legal careers, is a hallmark of many recipients in this year’s scholarship class. Brittany Porter and Destiny Dike taught in urban high schools in Texas through Teach for America, while Wong spent a year with AmeriCorp in the San Diego County District Attorney’s Office before being admitted to University of Pennsylvania Law School.

“They have spent their entire lives working on access to justice for marginalized groups of people,” Wong said of her AmeriCorp experience. “Not by any conscious means, all my mentors have been people of color who have surpassed their bounds and trailblazed in their careers. It’s insane how much I learned from them and continued to learn from them.”

Porter moved from Fort Worth to Texas after receiving her bachelor’s degree and taught algebra

Britanny Porter .

I for two years at the lowest-performing high school in the Dallas-Fort Worth area. Both years, her students passed the state tests, exceeding the district average.

“The best moment in my life was being able to tell my students, who had been conditioned from years of failing their state standardized exams, that they passed,” Porter said. “Watching the sense of joy, elation and relief pass across their faces all at once was all the validation I needed for my work.”

While at the University of Miami, where she majored in international relations and Latin American studies, Savabi studied abroad in Peru and Guatemala for a semester each, working at an orphanage for former trafficked child sex workers and as a research assistant on a huge immigration project in Central America. Those experiences, she said, strengthened her resolve to help others in need and served as a reminder of what her parents had overcome.

“Living thousands of miles from any family, my parents were left to rely exclusively on each other for support, which was difficult for them both emotionally and financially,” she said. “Despite their struggles, they remained positive and instilled a strong work ethic and resiliency in their children. They sacrificed and struggled so that I could pursue the career of my choosing. I do not take that lightly.”

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Destiny Dike

& T H E B A R 23

LMJ SCHOLARS

Antionette Carradine .

Maria Adebayo

Steven Morris .

Alexandria Gilbert

Miguel Del Mundo

Family Inspirations

Wong, a first-generation Asian-American, who grew up the oldest of six with a single mom, is the first in her family to get a college degree. She said her path to law school was not the result of “specific events or aha moments,” but a steady evolution that grew into a passion, thanks to her mother.

“Sometimes the world felt a little too big for my mom, five siblings and me, but my mother never allowed us for a second to think we had any setbacks,” Wong said. “She only reminded us that we were different to make sure we stood out and worked hard and spread compassion because of our differences.”

Porter also pointed to the women in her family as her inspiration to pursue education and, later, law school. As a child, she spent weekends with her great-grandmother, watching an endless diet of “Judge Judy” and “The Judge Mathis Show.” At her grandmother’s house, she learned the valuable lesson of “emancipation through education.”

“Through education and excelling in school, she reminded me that I would be able to open doors for myself outside the scope of those who try to place limitations on my achievements due to my race or gender or both,” Porter said. Porter participated in

24 D I V E R S I T Y & T H E B A R MAY.JUN.2016 MCCA.COM

Marina Bontkowski .

mock trials and on the debate team at her Florida high school and now is completing her first year at Pepperdine University’s law school.

Marina Bontkowski, a Cuban-American whose mother’s family fled to the U.S. in 1961, took a longer path to University of California Berkeley Law School.

She taught third graders for two years at a private boys school in New York state, then went to CUNY-John Jay College for a master’s degree in forensic mental health counseling and a certificate in terrorism studies.

For four years in New York City, she assisted a forensic psychiatrist in court evaluations before moving cross-country to go to law school.

Shundra Crumpton .

Joo Hyun Park .

Bianca Serrato

Claudia Ojeda

“I really enjoyed my work but felt I could do more as a lawyer than I could as an assistant,” Bontkowski said, noting her passion to become an attorney was stirred after seeing the unequal treatment of minority defendants firsthand. “I saw the impact of an effective lawyer, and I also appreciated the intellectual challenge that comes with being a good attorney. I have always enjoyed being an advocate for others and hope to continue doing so.”

Serving as Advocates

As a woman whose mother, grandmother and great-grandmother struggled to succeed in a segregated South, Porter is adamant that more African-Americans should pursue legal careers. Noting that fewer than 5 percent of all attorneys are black, she pointed to increased racial tensions across the U.S. and called for more representation a “sure way to tackle the discrepancy between the criminal justice system and the black community.

“In a utopia-like society, this would not matter. In fact, this should not matter in principle, until we are faced with another law enforcement officer escaping charges for the murder of yet another unarmed black male; then it does,” said Porter, who wants to be a partner in a large corporate firm. “As a community,

Taylor Padilla

our strength lies in numbers. If we can change the demographics of the criminal justice system, we can change the way it has and currently is affecting our people as well.”

Wong, who will intern with the United Nations in Geneva this summer, said she is “constantly changing my mind” about what type of law to pursue, but she knows that she wants to “work to further opportunity, human rights and representation of marginalized groups.”

“Since coming to law school, the law has only surprised me more and more with all of its power and possibilities,” she said. “Ultimately, I hope to work at the nexus of government, business and nonprofit one day to find institutional solutions to the world’s remaining problems, whether it’s on a direct level or a policy-driven, big-picture level. I still have to hone a lot of these aspirations down, but I’m so grateful to LMJ/MCCA for allowing me the opportunity to figure it all out.”

Details about the LMJ Scholarship program can be found at www.mcca.com/scholarships. ■ GLENN COOK (glenncook117@gmail.com) is a freelance writer and photographer who lives in Northern Virginia.

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A Global Perspective on Cybersecurity

By Adam Palmer, Gilberto Martins de Almeida, Lise Breteau, Oliver Hoare, Steven Liew, Jean-Christophe Le Toquin, Thomas Rickert

Cultural and Regional Views that Influence Cybersecurity Policy Understanding the different non-U.S. global approaches to cybersecurity policy can significantly help a chief legal officer manage cybersecurity risk across a multi-national organization. 2016 presents an unprecedented challenge for government and private industry with cybersecurity threats that are now a growing and persistent risk. While there is shared concern globally about cyberattacks, each government and region has taken a different approach to addressing the threat. In many instances, the approach is heavily influenced by cultural and historical events that have shaped national viewpoints. Understanding and being aware of these views can help risk managers to predict policy concerns and potential unique issues for cybersecurity in different markets.

The new EU cybersecurity policy, now being finalized in

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Brussels, requires compliance with “state-of-the-art” security and is the most detailed and comprehensive cybersecurity regulation in EU history. For the first time, organizations that fail to implement adequate security will face significant penalties of up to 10 million Euros or 2 percent of worldwide annual revenue if a security failure results in a privacy breach under the new EU Privacy Regulation. This policy (recently mirrored by Germany in a similar policy), with its strong emphasis on privacy protection, is a reflection of the overall European view on the protection of privacy as a “human right.”

This “privacy as a human right” view differs slightly from the traditional U.S. view, which still provides substantial privacy protections but is more focused on privacy and security as a statutory legal requirement.

Differences in approaches to cybersecurity are not limited to privacy but also extend to patterns of national historical governance and, in the case of Europe, to regional cooperation. As an example, cybersecurity in France strongly relates to national sovereignty. From protection of critical infrastructure to cyberdefense, there is a tradition of a centralized state in which the military is a strong influencer. The French Prime Minister’s Office monitors government action on cybersecurity through ANSSI, the public agency dedicated to network and information technology security.

However, the first IT security measures provided for critical national infrastructure were introduced by the Military Plan Act of 2013.

While designed to protect strategic assets and capacities, the French regulatory framework also includes the importance of national sovereignty. The recently updated French National Cybersecurity Strategy released in October 2015 focuses on fostering the independence of local French industry. In this strategy, the EU cooperation dimension of cybersecurity is also recognized and addressed through the encouragement of developing French and German cooperation. The strategy emphasizes increasing French influence (while retaining national sovereignty) at the European and international level. Companies operating in the French market must take into account the importance of national sovereignty in the French viewpoint. U.S. companies will find greater success by connecting with the local ecosystem of influence and being sensitive to the importance of contributing to the local economic growth of France to encourage national sovereignty and economic independence.

In the largest EU economy, Germany, confidence and security are the cornerstones of Germany’s Digital Agenda. These elements are considered critical to harnessing the real potential of digital transformation for the benefit of the economy and society and also to ensure Germany remains one of the most secure digital locations in the world.

The Federal Ministry of the Interior is primarily responsible for IT security. It is charged with responsibility for developing and enhancing regulations regarding cybersecurity and the protection of the critical infrastructure of

the government, business and society. The BMI is also tasked with generally strengthening the IT security industry in Germany. BMI works in close collaboration with the German Federal Office for Information Security to provide appropriate IT security measures across Germany.

Differences in approaches to cybersecurity are not limited to privacy but also extend to patterns of national historical governance and, in the case of Europe, to regional cooperation.

In the largest EU economy, Germany, confidence and security are the cornerstones of Germany’s Digital Agenda.

In 2011, the BMI published the “Cyber Security Strategy for Germany,” which included four key elements: 1. The establishment of a National Security Council, 2. The establishment of a National Cyber Defence Center, 3. The enhanced protection of critical infrastructure against IT attacks and protection of IT systems in Germany, and 4. Founding of the membership association Germany Safe on the Net. In summer 2015, a new IT Security Law also came into force in Germany. Currently, implementation guidelines are being developed in collaboration with the various industries.

The German government recognizes the international dimension of cybersecurity and routinely works with international partners to improve cross-border IT security. They are particularly focused within the EU but include global cooperation.

Looking across the English Channel from France, the U.K. approach to cybersecurity has a long tradition of intelligence gathering and information security, often considered opposite sides of the same coin. This approach is the basis of GCHQ’s (the U.K. cybersecurity agency) mission. Intelligence successes, such as the WW II Enigma code-breaking efforts at Bletchley Park, a forerunner to GCHQ, have made British academics such as Alan Turing globally famous. However, perhaps less well-known is that the U.K. has also long been a leading exponent of technical security, from early Communication Security to Information Security and Information Assurance and of course to its most recent incarnation, Cyber-Security.

In the years running up the 2012 London Olympic and Paralympic Games, heralded as the “first digital games” and the U.K.’s largest-ever peacetime security operation, the U.K. invested heavily in cybersecurity, despite unprecedented cuts in public spending due to the global financial crisis. In 2010, the U.K. also launched its first Cyber Security Strategy, which only after a subsequent implementation plan saw the tangible development of a robust capacity-building program.

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In Asia and the Middle East, the strategic security landscape has become more complex with the rise of China, the Asian pivot by the U.S. and the threats from militant religious groups.

In November 2011, the Foreign and Commonwealth Office hosted the first-ever Global Cyberspace Conference, which set the agenda for subsequent global cyber conferences (Budapest 2012, Seoul 2013 and the Hague 2015). The London conference established key principles for governing behaviors in cyberspace: ■■The need to respect international law.

■■The need to remain open to innovation and the free expression of ideas.

■■The need to work collectively to counter criminality and terrorism.

■■The need to respect the privacy of the individual.

■■The need to protect intellectual property and to foster global commerce.

The U.K. government continues to invest heavily in cybersecurity. In December 2015, following the fiveyear Strategic Defense and Security Review and Comprehensive Spending review, an estimated £1.9 billion has been set aside for cybersecurity (with GCHQ being the key recipient). Similarly, this funding takes place against a backdrop of up to 40 percent cuts across the U.K. public sector, again indicating how seriously the U.K. takes cybersecurity.

In the coming year, the U.K. has two big policy challenges. First is the new EU directive (NIS directive) and specifically the burden of any mandatory sharing and reporting or breach information.

The U.K. government has tended to resist mandatory requirements because of costs, preferring a more voluntary approach. Perhaps even more challenging, certainly to the U.K.’s wider national security and intelligence operations, is the so-called “snooper’s charter, a draft U.K. Home Office bill designed to compel communications service providers to collect and retain information about their users, which can then be used, under warrant, for the purposes of detecting serious crime, including child abuse and terrorism.

Turning to South America, Brazil’s cultural background owes substantially to its geographic size as a continental-size country located in the tropics at a similar distance from the U.S., Europe, Africa and Asia.

This has naturally created a cultural melting pot of different civilizations, mixing old and new, developed and underdeveloped, North and South, which convert into a laboratory of viewpoints related to privacy and security. Brazil’s prominence in Latin America has created influence over other nations in the region, and the support programs extended by Brazilian authorities have enhanced such influence, which is also backed

by Brazil’s presence among the BRICS and in the G-20 group of nations.

Since the 1970s and ’80s, Brazil’s Doctrine of National Security has emphasized technological autonomy and independent security. This emphasis on national technological independence is included in the Brazilian constitution. This viewpoint has recently resulted in plans for independent undersea cables for data, separate national email infrastructure for e-gov communications and similar initiatives. These are supported by a large framework of security rules (based on ISO 27000 standards) issued by the Brazilian federal government, coupled with provisions in the so-called Civil Landmark for the Internet, an innovative statutory law that establishes principles aiming to integrate security and privacy while keeping consistent with international best practices.

Given its unique developments and its leadership role, Brazil should be closely tracked as it may point to important trends in cybersecurity policy.

In Asia and the Middle East, the strategic security landscape has become more complex with the rise of China, the Asian pivot by the U.S. and the threats from militant religious groups. Layered on top of this complexity are the fast improving growth of Asian companies and the hyper-growth of regions like the UAE with its vast banking industry. There are now increasing cybersecurity breaches where there are criminal or nationalistic interests behind the attack. Almost all countries in the Asia-Pacific and the

Since the 1970s and ’80s, Brazil’s Doctrine of National Security has emphasized technological autonomy and independent security.

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Middle East are racing to set up their national cybersecurity defense systems. For all involved, there is a clear and present need to build capabilities, systems, laws and policies to prepare themselves for the inevitable onslaught of cybersecurity incidents. While privacy concerns are fewer in these regions than in Europe, there remains an emphasis on national sovereignty and development of local security capabilities.

Japan, South Korea and Singapore are particularly noteworthy in Asia for their rapid development of cybersecurity capabilities. In the past year, Japan has pursued development of a new national cybersecurity strategy and created coordination groups, including the Joint Cyber Crime Center and a National Incident Response Center. Before the 2020 Tokyo Olympics, Japan is also rapidly focusing on the development of national cyber incident response capability. South Korea is also linked to cyberattacks from North Korea and has intensively invested in cybersecurity capability. Singapore is engaged in a multi-year national plan for cybersecurity that most recently saw the creation of a new national government Cybersecurity Agency that is now coordinating strategy and policy standards for cybersecurity. Given the significance of Singapore’s financial services sector in Asia, this new agency will play an influential role that likely influences other regional countries.

Finally, reviewing Asia is incomplete without considering that China has recently adopted a new comprehensive national cybersecurity policy. Chinese regulators have become increasingly concerned about the national security risks associated with foreign IT products. This distrust is fueling “indigenous innovation” policies that aim to reduce China’s reliance on foreign technology and promote domestically developed products. These have emerged in various forms, ranging from government subsidies aimed at boosting the development of domestic software and operating systems, forced technology transfer in exchange for market access andregulations that can potentially erect barriers to foreign products and technologies. One such regulation is the new National Security Law, which was put into effect on July 1, 2015. In line with an earlier statement made by President Xi Jinping on the importance of cybersecurity—“no national security without cybersecurity”—the law emphasizes that cyberspace is an important part of China’s national security interest

and seeks to make all key network infrastructure and information systems “secure and controllable.” While vague, and leaving Chinese authorities with ample room for interpretation, the legislation points clearly to the intention of imposing more stringent controls and limitations, particularly for foreign companies.

The culture and history of each geographic region contribute strongly to the approach of the region to

Japan, South Korea and Singapore are particularly noteworthy in Asia for their rapid development of cybersecurity capabilities. privacy and cybersecurity. These geographic differences can present challenges for foreign companies entering new markets or dealing with new security risks. However, sensitivity and understanding of these different attitudes and approaches can be the foundation for success. Respecting and understanding the local market is a critical element of cybersecurity planning that can be forgotten in the emphasis on technical solutions. Understanding these different viewpoints will help a risk manager develop a policy that adapts successfully to the local market and accounts for different unique concerns. ■ ADAM PALMER (adam.palmer@fireeye.com) is the director, international government affairs, FireEye Inc.

LISE BRETEAU (lb@breteau-legal.fr) is an attorney at law in Paris, France.

OLIVER HOARE (oliver.hoare@dysartsolutions.co.uk) is the CEO of Dysart Solutions.

GILBERTO MARTINS DE ALMEIDA (gilberto@mda.com.br) is a partner, Martins de Almeida–Advogados.

JEAN-CHRISTOPHE LE TOQUIN (jcletoquin@socogi.fr) is managing partner at SOCOGI.

STEVEN LIEW (sliew@apcoworldwide.com) is executive director, Asia Pacific APCO Worldwide.

THOMAS RICKERT (thomas@rickert.net) is managing partner with Rickert Rechtsanwaltsgesellschaft mbH.

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PROFILE IN PERSEVERANCE | BY TOM CALARCO

Attorney James C. Stearns: Empowering Those with Disabilities APPEARANCES CAN BE DECEIVING. If you saw Jim Stearns rolling along in his wheelchair, you’d probably be surprised to know that he is a high-powered attorney for one of the world’s largest consulting firms, Accenture.

Most of us associate power, strength and authority, with those who stand straight and tall and evoke an image of vigor. However, some of our greatest leaders had physical disabilities. President Franklin D. Roosevelt used a wheelchair but was careful to suppress these images. John F. Kennedy, who gave the appearance of youth and vitality, was plagued by illness throughout his life, often wore a brace on his back and took medication to mask his pain and fortify his energy level.

Stearns who has had cerebral palsy his entire life, realized early on that physical capability didn’t reveal the true picture of our powers. He never could be a football player like his brother, but he had other talents.

“I knew I could be a success if I focused on my drive to succeed and my intellectual ability,” he said.

Stearns was born in Minnesota, but his family moved to New Hampshire when he was four to take advantage of the best medical care for CP that was available at nearby Children’s Hospital in Boston. He later attended the Holderness School in Plymouth, N.H., where he was captain of the debate team. His skill as a debater played a role in his decision to pursue a law career.

“I’m a writer, a talker, and come from a family of lawyers,” he said.

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While in college, he honed those writing skills working during summers at the local newspaper; his counseling position while at a drug rehabilitation center and the unfair treatment of drug offenders made him think about using the law as a vehicle for social change. The only question in his mind was whether he would have the stamina required to do the job, to spend the long hours in research and to travel the long distances often required in the legal profession.

“The answer was yes,” he said.

“I spent a year traveling in Europe after college, and that proved to me that I could do it.”

But it wasn’t easy. It took an enormous amount of determination and drive. At age 10, and again at 14, he endured complicated and painful surgeries to strengthen his legs. His surgeon became one of his inspirations.

“One of my role models growing up was the orthopedist who performed my operations, who also was disabled,” he said.

Role models and mentors have been very important to Stearns.

“Every successful person has a mentor,” he said.

Another inspiration was his English teacher at Holderness.

“Jim Brewer, who walked with braces, had been a star lacrosse player before he contracted polio

and became an inspiring teacher and lacrosse coach.”

A mentor who had a great influence on his legal career was Charles Ruff, his professor at Georgetown Law School, who was one of the Watergate special prosecutors and later the White House counsel who defended President Clinton during the impeachment proceedings.

“He took a special interest in me,” Stearns said, “because he saw that I was a fighter and gave me valuable tips on how to conduct myself with my disability. After law school, he became a reference for me, which helped me get jobs in the Carter and Reagan administrations.”

Stearns’ legal career gained a real boost as a result of his positions in government. His work for the Carter Administration involved serving as the deputy assistant secretary over special education and rehabilitation services, which he put to good use in his long association with the United Cerebral Palsy Association. In the Reagan Administration he worked in trade compliance, which he built upon to become an expert in the field. This experience served him when he was director of trade compliance at Intelsat from 2004 to 2012, and in his current position with Accenture. But it has never been just about Stearns. Early on, he started giving back.

“I was always a volunteer,” he said. “It started in college at Dartmouth. During my senior year I did an independent study on the

impact of government programs on people with disabilities and testified before Congress, and it was put in the Congressional Record. I also was a student volunteer at the Georgetown Health Policy Center and later was their chief counsel.”

Because of his testimony in Congress, he met people involved with the United Cerebral Palsy Association, and they invited him to New York. Gradually, he moved into higher positions of authority with the organization until in 1993, he became the first person with CP to be its president.

“It was an honor but pretty demanding,” he said. “A lot of travel.

But it was good for me and the organization because I could give advice about what it’s like to have CP and succeed in the educational system and workforce. I’d been where they are (those with CP), I had done the exercises, and I succeeded.”

Following his tenure as president of the organization, Stearns became president of the Cerebral Palsy International Research Foundation, which funds research on prevention of CP and assistive technology to support those with the condition.

“I’m still active, but I’ve left all my board positions,” he said. “No

matter how good you think you are, you get stale. It’s good to have someone new on the job.”

Among Stearns’ many talents is his versatility and ability to step outside his expertise.

“I was asked to chair a bank,” he said, “and ended up orchestrating

very minute, I am reviewing various business transactions in India, China, Australia, the Philippines, Japan and Singapore.”

He loves his job at Accenture, which employs over 350,000 individuals worldwide.

“Accenture gets awards for its

One of my role models growing up was the orthopedist who performed my operations, who also was disabled.

—James C. Stearns the merger of the George Washington National Bank into Franklin Bank, which later merged with BB&T, one of the nation’s largest financial holding companies. It was good for me and the CP community because I provided an example of someone with CP who could exert leadership and do the job.”

Today, Stearns oversees international legal transactions at Accenture.

“I’m part of the core legal staff that reports to the general counsel,” he said. “We give advice on how to comply with the trade laws in countries around the world. Just looking at my computer screen this

diversity and inclusion,” he said.

“When I got here, the then-general counsel said we weren’t doing as well with disability issues as we could be. I volunteered to take a leadership role. Today, we are actively recruiting those with disabilities.”

Stearns is making his mark in the world of business, diversity and inclusion. He’s a classic example of the power of human determination. ■ TOM CALARCO (tomcalwriter@yahoo. com) based in Loveland, Ohio, is a freelance writer and author of seven books on the Underground Railroad.

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DIVERSITY NEWS

BY KAY CHANDLER AND SHIRA NADICH LEVIN

Attracting, Retaining and Mentoring Female Lawyers COOLEY’S WOMEN’S INITIATIVE WAS FOUNDED in 2010 as part of the firm’s core principles to attract, retain and mentor a strong network of female lawyers. Over the past six years, the initiative has experienced high levels of engagement among lawyers and firm leadership, men and women alike.

The Initiative’s success—and the overall success of women at Cooley—has been recognized through several external awards and rankings, including being named a “Best Law Firm for Women” by Working Mother & Flex-Time Lawyers; receiving the Women in Law Empowerment Forum’s Gold Standard Certification four years in a row; gaining recognition on Fortune®’s “100 Best Companies to Work For” and “Best Workplace for Women” lists; and scoring highly on Law360’s “100 Best Law Firms for Female Attorneys” list.

Our internal data, however, tells the best story. At Cooley, women comprise 21 percent of the firm’s partnership and are active in all levels of leadership, including key committees such as the management committee, compensation committee and partnership nominating committee, the last of which is chaired by a woman, as well as serving as heads of offices.

The firm has also made it a priority to ensure we have a strong pipeline of female associates to advance into partnership and leadership positions. Women make up 53 percent of our associate class at all levels of the firm. Associates with six years or more of experience are well-­represented with 55 percent women. Effective Jan. 1, 2016, four of the firm’s 12 partnership elevations are women.

We believe Cooley’s Women’s Initiative is unique in comparison to similar programs at other Am Law 100 firms. Our success is due to various factors, including:

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Leadership from Female Lawyers across All Levels

Strategic planning for Cooley’s Women’s Initiative is conducted with input from lawyers at all levels. Cooley’s collaborative culture is an asset when the firm is encouraging junior associates to take on leadership roles in groups such as the Women’s Initiative.

Within each office, one partner and one associate serve as representatives to the firmwide Women’s Initiative Committee. In addition to the formal representatives, female lawyers across the firm are engaged in our newly developed relationship development initiative, known as Connection Circles, which are present in a majority of our large and mid-size offices. This initiative came about as a result of direct feedback from our associates and relies heavily on the involvement of partners, special counsel and senior associates to build and strengthen relationships among our female lawyers.

In addition to encouraging women to become involved in the

firm’s formal Women’s Initiative, Cooley supports female lawyers’ involvement in external organizations as well, including Women in Law London, Women in Law Empowerment Forum and the National Association of Women Lawyers.

Several Cooley lawyers serve in leadership positions for these organizations, including DeAnna Allen, who sits on the National Board of NAWL, and Sascha Grimm, a founding member of WILL, London’s largest professional women’s legal organization. We believe it is through collaboration with thought leaders internally and externally that we will continue to generate and implement the best programs to continue to advance women’s careers at Cooley and in the legal profession more broadly.

Inclusionary Programs

The programs sponsored by the Women’s Initiative are often open to all lawyers, as the topics presented are of interest to both men and women. While we offer mentoring and networking activities targeted to women, to make effective headway on traditional women’s issues, all genders must be present and engaged in the broader discussion.

In 2015, the Women’s Initiative hosted panels in each office focused on business development.

The panels featured female members from Cooley’s management committee or partner compensation committee, as well as both male and female partners from each office in an effort to display a wide range of business development styles. Almost 100 percent of the associate population attended

these discussions in their respective offices.

In 2016, the Women’s Initiative plans to provide programming on effective communication strategies.

Early Involvement in Groundbreaking Programs

Cooley was one of only four law firms to pilot the OnRamp Fellowship, a one-year fellowship program aimed at replenishing the talent pipeline in law firms with experienced female attorneys who have taken extended hiatus from the practice of law.

In the inaugural year of the fellowship we hired two fellows, one of whom has since been hired as a full-time associate. As the fellowship program expanded in 2015, Cooley continued to be an active participant. In our second year of participation, we hired three additional fellows, and in 2016, we continue to interview women for additional fellowship positions.

Additionally, Cooley will be taking part in an innovative and solution-oriented competition created by the Diversity Lab in collaboration with Stanford Law School and Bloomberg Law. The inaugural “Women in Law Hackathon,” is a “Shark Tank”-style pitch competition

aimed at generating innovative ideas and solutions that will lead to greater retention and advancement of experienced women in law firms. There are numerous benefits of participation, most importantly, having access to innovative ideas to consider implementing here at Cooley, as well as learning and collaborating with the other law firm leaders participating in the event.

Visible and Vocal Commitment from Our CEO

Lastly, and perhaps most importantly, the visible and vocal support from our CEO, Joe Conroy, contributes significantly to the ongoing success of Cooley’s Women’s Initiative, by leading by example as well as by supporting concrete measures to advance the initiative.

In late 2014, Conroy directly led the charge to hire a full-time diversity and inclusion manager, a role dedicated to ensuring the continued success and promotion of diverse attorneys at the firm. Additionally, under his leadership, the firm first asked partners to comment on their personal commitment to diversity and inclusion as a part of the partner compensation review. In recognition of

his commitment to women in law, Conroy was recently named an honorary board member of the Women in Law Empowerment Forum.

We are proud of our successes and remain committed to taking the steps necessary to achieve equal representation of female lawyers among our lawyer population, particularly focusing on the ranks of our senior leadership. While there has been considerable progress, we recognize there remains work to be done, both within the walls of Cooley and in the legal community at large. ■ KAY CHANDLER (kchandler@cooley.com) is a partner in Cooley’s life sciences partnering and licensing group and is based in the firm’s San Diego office. Chandler serves as co-chair of Cooley’s Women’s Initiative and sits on the firm’s compensation committee. She also co-founded The Women in Sciences and Technology, a networking group for women in the life sciences field.

SHIRA NADICH LEVIN (slevin@cooley.com) is a partner and co-chair of Cooley’s real estate leasing group and is based in the firm’s New York office. Nadich Levin founded and co-chairs Cooley’s Women’s Initiative, is chair of the Young Lawyers Committee and is part of the leadership of the Women in Law Empowerment Forum.

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MOVERS & SHAKERS CLIFFORD TSAN Bond Schoeneck and King

Bond, Schoeneck and King has appointed one of its members, litigation attorney Clifford Tsan, as the firm’s first Diversity and Professional Development Leader. Tsan will focus on diversity and inclusion initiatives, including minority and women attorney recruiting, as well as professional development programs for all associate attorneys. In his legal practice, Tsan brings in-depth experience and creative problem-solving skills to sophisticated, high-stakes litigation matters facing clients in construction, real estate development, manufacturing, technology, defense, higher education and other industries. He’s also experienced in arbitration and mediation.

YING LI

Steptoe & Johnson LLP Steptoe & Johnson LLP announced that Ying Li, who holds a doctorate in immunology, has joined the firm’s national Intellectual Property Group as a partner. Dr. Li’s arrival further strengthens the intellectual property and life sciences capabilities offered by Steptoe in New York, which began with the arrival of patent litigator John Molenda

and his team in 2014.

Dr. Li brings deep knowledge of biologics, in particular antibody therapeutics. She counsels biotechnology and pharmaceutical clients on patent portfolio management and strategic development. She has two decades of experience in patent prosecution and contentious matters before US and foreign patent offices. Dr. Li previously worked as a patent agent while earning her law degree.

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JOSEPH K. WEST Duane Morris

Joseph K. West, Duane Morris’ Chief Diversity and Inclusion Officer and a partner in the firm’s Trial Practice Group in the Washington, D.C. office, recently received The Incredible Men (TIM) Award from Ms. JD—a nonprofit, nonpartisan organization dedicated to the success of aspiring and early career women lawyers. The TIM Award recognizes the recipient’s work, dedication, energy and passion for diversity and the advancement of women in the legal profession. West has more than 20 years of experience as both in-house and outside counsel for Fortune® 500 companies. He served as president and CEO of the Minority Corporate Counsel Association (MCCA) from 2011 to 2015.

JARED S. GILLMAN Arnstein & Lehr LLP

Arnstein & Lehr LLP recently welcomed Jared S. Gillman to its West Palm Beach office as an associate in the Construction and Litigation Practice Groups. His practice focuses in the areas of construction law and commercial litigation. Before joining the firm, Mr. Gillman worked as an associate at prominent law firms in South Florida focusing on construction and commercial litigation, preparation of liens, notices to owner, bond claims, bid protests and licensing violations. He represented large general contractors, subcontractors and material suppliers in disputes over large residential, commercial and public projects.

Monday, July 18, 2016 | Washington, DC Don’t miss the opportunity to participate at this important forum for diversity and inclusion in the legal sector. This year’s conference will offer:

Creating Transgender Guidelines

MCCA Creating Pathways to Diversity® Conference

The battle continues with recent developments in the law.

Can gender be defined? How is gender being defined and navigated in the workplace, schools and the broader community? How are other sectors of society addressing transgender guidelines? Come hear from our panel of experts about what the long-term view is for successfully integrating transgender individuals in the workplace and the greater community.

Speakers include:

Beck Bailey

Deputy Director of Employee Engagement, Workplace Equality Program, Human Rights Campaign

Kris Meade

Partner, Crowell & Moring

Michele C. MeyerShipp, Esq.

Vice President & Chief Diversity Officer Office of Diversity & Inclusion, Prudential Financial

Omar Gonzalez-Pagan Attorney Lambda Legal, National Headquarters

2016 Strategic Sponsors

www.mcca.com/pathways MCCA member organizations may receive complimentary registrations for this event. To learn more contact events@mcca.com.

For more information on sponsorships, please contact: Mahzarine Chinoy at (202) 739-5903 or sponsorship@mcca.com.

MCCA® LAW DEPARTMENT MEMBERS The Minority Corporate Counsel Association (MCCA) acknowledges the support of the following law departments whose financial contributions have helped to advance the goal of furthering diversity in the legal profession.

2 01 6

M C CA ®

Since 1997

3M Company

Eli Lilly & Company

Liberty Mutual Insurance Company

Rosetta Stone Inc.

AARP

Emergent BioSolutions

Lifelock, Inc.

S.C. Johnson & Son, Inc.

Abercrombie & Fitch

Entergy Corporation

LifeVantage Corporation

Sara Lee Corporation

AbstoneLalley, Inc.

Estée Lauder Companies Inc.

Liquidity Services, Inc.

Scripps Networks Interactive, Inc.

Accenture LLP

Exelon Business Services Company

LPL Financial LLC

Sempra Energy

AECOM

Fannie Mae

Macy’s Inc.

Shell Oil Company

Allstate Insurance Company

Federal Home Loan Bank of Pittsburgh

ManpowerGroup

Siebert Brandford Shank & Co., LLC

Federal Home Loan Bank of San Francisco

Marriott International, Inc.

Sony Electronics Inc.

MassMutual Financial Group

Southeastern Freight Lines, Inc.

McDonald’s Corporation

Staples, Inc.

Medifast, Inc.

Starbucks Coffee Company

Merck & Co., Inc.

Starwood Hotels & Resorts Worldwide

Altria Client Services American Airlines American Express Company Anthem, Inc. Ascena Retail Group, Inc. AT&T Avis Budget Group Bechtel Corporation Becton, Dickinson and Company BNY Mellon Bristol-Myers Squibb Company Capital Legal Solutions, LLC Capital One Financial Corporation

Flagstar Bank Flextronics Freddie Mac Fujitec America, Inc. Gap Inc. Genentech, Inc General Electric Company GlaxoSmithKline Goldman Sachs & Co. Google Inc. Graduate Management Admission Council

MetLife Inc. Microsoft Corporation MillerCoors Mondelez International Morehouse College Morgan Stanley Nabholz Construction Services National Grid

State Farm Insurance Companies Synopsys, Inc. Tessera North America, Inc. The Brookings Institution The Clorox Company The Conference Board, Inc. The Vanguard Group, Inc.

National Urban League

The Walt Disney Company

Nationwide Mutual Insurance Company

The Williams Companies, Inc.

CBS Corporation

Herbert L. Jamison & Co. LLC [Jamison Insurance Group]

TIAA-CREF

Chevron Corporation

Hewlett-Packard Company

Navistar, Inc.

Twitter, Inc.

Choice Hotels International, Inc.

H.J. Russell & Company

NBC Universal

UBS Financial Services

CIGNA Corporation

Honda North America, Inc.

Neighborhood Defender Service

UnitedHealth Group

CITGO Petroleum Corporation

Honeywell International

New York Life Insurance Company

Compass Group, The Americas

HSBC Bank USA

Newegg Inc.

United Services Automobile Association “USAA”

ConAgra Foods, Inc.

Huntington Ingalls Industries

NFM, Inc.

Cox Communications Inc.

IBM Corporation

Northrop Grumman Corporation

Crawford & Company

Ingersoll-Rand PLC

Nuclear Electric Insurance Limited

Darden Restaurants, Inc.

Integra Connect, LLC

Office Depot, Inc.

Deere & Company

Intel Corporation

Pacific Gas and Electric Company

Dell Inc.

International Paper Company

Pearson, Inc.

Detroit Employment Solutions Corporation

JC Penney Company, Inc.

Pepco Holdings, Inc.

JM Family Enterprises, Inc.

PepsiCo Inc.

DHL America

JPMorgan Chase & Co.

Pfizer Inc.

Diageo North America, Inc.

Johnson & Johnson

Pitney Bowes Inc.

Dignity Health

Kaiser Foundation Health Plan Inc.

Porzio Life Sciences, LLC

Discover Financial Services

KeyCorp

PPG Industries, Inc.

Dow Corning Corporation

Law School Admission Council

Premier Media Inc.

DTE Energy Company

Leading Educators

Prudential Financial

Duke Energy Corporation

Leidos

Quest Diagnostics Incorporated

Eaton Corporation

Leo Burnett Company, Inc.

Reckitt Benckiser Inc.

Cargill Inc. Carter’s, Inc.

United Technologies Corporation U.S. Foodservice, Inc. Verizon Communications Visa Inc. VMware Inc. Walmart Stores, Inc. Waste Management Wells Fargo & Company Wyndham Worldwide Xcel Energy Xerox Corporation Xylem Inc. Yazaki North America Inc.

For membership information, contact David Chu, MCCA’s Vice President of Membership & Development, at 202-739-5906 or membership@mcca.com.

36 D I V E R S I T Y & T H E B A R MAY.JUN.2016 MCCA.COM

MCCA® LAW FIRM AFFILIATES MCCA® acknowledges the following law firms who have joined MCCA to further advance diversity in the legal profession.

Akerman LLP

Epstein Becker & Green PC

Lim Ruger & Kim LLP

Alchemy-Partners, PC

Faegre Baker Daniels LLP

Littler Mendelson PC

Sandberg Phoenix & von Gontard PC

Alvarez Arrieta & Diaz-Silveira LLP

Finnegan Henderson Farabow Garrett & Dunner LLP

Loeb & Loeb LLP

Saul Ewing LLP

Lowe & Associates LLC Counsellors & Advisors

Schiff Hardin, LLP

Fish & Richardson PC Fisher & Phillips LLP

Marrero & Wydler

Seeley, Savidge, Ebert & Gourash Co., LPA

Fitzpatrick Cella Harper & Scinto

Martin & Martin, LLP

Senniger Powers LLP

Florio, Perrucci, Steinhardt & Fader, LLC

Maynard Cooper & Gale PC

Sher Garner Cahill Richter Klein & Hilbert LLC

Anderson Kill PC Archer & Greiner, PC Arent Fox LLP Arnstein & Lehr LLP Arrastia & Capote LLP Axiom Baldassare & Mara, LLC Beveridge & Diamond PC Blank Rome LLP Bond, Schoeneck & King, PLLC Bressler Amery & Ross PC Bricker & Eckler LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butler Snow LLP Calfee, Halter & Griswold LLP Cavitch, Familo & Durkin Co., LPA Cohen & Gresser LLP Cole, Scott & Kissane, PA Constangy, Brooks, Smith & Prophete, LLP Cooley LLP Cottrell Solensky & Semple, PA Courington Kiefer & Sommers LLC Cowles & Thompson PC Cozen O’Connor Davis & Gilbert LLP DeMahy Labrador Drake Victor Rojas Cabeza (DLD Lawyers) Dickstein Shapiro LLP Drinker Biddle & Reath LLP Duane Morris LLP Dunlap Codding Elliott Greenleaf

Forman Watkins Krutz & Tardy, LLP Gaffney Lewis & Edwards, LLC GibbsWhitwell PLLC Goldberg Segalla LLP

McGuireWoods LLP

Shook, Hardy & Bacon LLP

Miles & Stockbridge PC

Snell & Wilmer LLP

Miller Law Group Mitchell Silberberg & Knupp LLP

Griffith, Sadler & Sharp, PA

Montgomery Barnett Brown Read Hammond & Mintz LLP

Hamilton Miller & Birthisel LLP

Monty & Ramirez LLP

Harrity & Harrity, LLP

Morgan Lewis & Bockius LLP

Helms & Greene LLC

Moritt Hock & Hamroff LLP

Hudson & Calleja, LLC

Munger, Tolles & Olson LLP

Hughes Roch LLP

Nixon Peaboby LLP

Husch Blackwell LLP

NOSSAMAN LLP

Ice Miller LLP

Ober Kaler Grimes & Shriver

Innis Law Group LLC

Ogletree Deakins Nash Smoak & Stewart PC

Irwin Fritchie Urquhart & Moore, LLC

Steptoe & Johnson LLP Steptoe & Johnson PLLC Sterne, Kessler, Goldstein & Fox, P.L.L.C. Stevens & Lee Stinson Leonard Street LLP Sughrue Mion PLLC Sullivan & Cromwell LLP Sutherland Asbill & Brennan LLP Taft Stettinius & Hollister LLP The Willis Law Group Thompson Coburn LLP

Patton Boggs LLP

Troutman Sanders LLP

Jackson Lewis PC

Pepper Hamilton LLP

Vinson & Elkins LLP

Jeffrey Samel & Partners

Peter Law Group

Jones Walker LLP

Phelps Dunbar LLP

Waas Campbell Rivera Johnson & Velasquez LLP

Kaufman Dolowich & Voluck LLP

Pinckney, Harris & Weidinger LLC

Kenyon & Kenyon LLP

Porzio Bromberg & Newman PC

King Branson LLC

Quarles & Brady LLP

Willenken Wilson Loh & Delgado LLP

Kirkland & Ellis LLP

Quintairos Prieto Wood & Boyer

Winston & Strawn LLP

Kramer & Amado, PC

Rivero Mestre LLP

Kumagai Law Group PC

Roig Lawyers

Womble Carlyle Sandridge & Rice, LLP

Kumar Prabhu Patel & Banerjee

Rooney Rippie & Ratnaswamy LLP

Lam Lyn & Philip PC

Sanchez & Amador LLP

Law Office of Ricardo E. Oquendo, Esq.

Sanchez-Medina Gonzalez Quesada Lage Crespo Gomez & Machado LLP

Leader & Berkon LLP

Weil, Gotshal & Manges LLP Wheeler Trigg O’Donnell LLP

Young Conaway Stargatt & Taylor, LLP Zuber Lawler & Del Duca LLP Zupkus & Angell, PC

Potential FANs should contact David Chu, MCCA’s Vice President of Membership & Development, at 202-739-5906 or membership@mcca.com.

MCCA.COM MAY.JUN.2016 D I V E R S I T Y

& T H E B A R 37