2011 Jan/Feb - Diversity & The Bar Magazine

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January/February 2011

looKInG East Starwood’s Rise in China

看东方：喜达屋在中国的崛起

PlUS: roBErt morrIs: thE ForGottEn aBolItIonIst naPaBa’s BEst unDEr 40

D I V E R S I T Y

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I N G R E D I E N T

At Perkins Coie, diversity is an essential ingredient that helps us create the best solutions for our clients.

We value and encourage diverse viewpoints and draw upon them to resolve our clients’ business and legal challenges. Diversity adds perspective and creativity to what we do. It is a key ingredient to our success.

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Contact: 800.586.8441 Perkins Coie llp attorney advertising

www.perkinscoie.com

profile

Adrienne A. Brown – In-House Rising Star

Adrienne Brown is Senior Counsel, PepsiCo, Inc./Frito-Lay, Inc. Prior to her in-house career, Adrienne was an associate at Morgan, Lewis & Bockius, where her mentor was Grace Speights, a Labor and Employment partner in the firm’s Washington, D.C. office. Adrienne and Grace have continued their mentor/mentee relationship over the years. What follows is an excerpt from a discussion between the two on career development, mentoring, diversity, and a variety of other issues: Grace: Adrienne, you were very successful at Morgan Lewis and continue to be a great success in your in-house career.

What are some of the traits you believe contribute to success in the legal profession?

Adrienne: One of the most important things is enjoying your job. It’s great to make a good living and work at fine companies, but it’s essential to me that I enjoy the work I do.

It makes me more engaged with the business of my clients, and it helps me to do a more effective job. Another important factor is the ability to inspire trust.

Grace: I agree trust is critical. How do you know when your clients or colleagues trust you?

Adrienne: I know a client trusts me when we’ve gotten positive business results and the client comes back to me for advice. In doing so, I build my brand as one of dependability and trust.

Grace: What do you wish someone had shared with you before you entered a law firm? And before you entered an in-house legal department?

Adrienne: Before I entered a law firm, I wish someone had told me that “great agility” is required. By this I mean the ability to adapt quickly and effectively to different work styles — both within the firm and externally with your clients. I also wish that someone had told me to look at every assignment as a prime opportunity for growth and as a chance to learn something new. For example, I learned a lot from you, Grace, about case strategy and client relationship building.

Before I entered an in-house legal department, I wish someone had told me to get an MBA! In my current position,

Adrienne A. Brown is Senior Counsel, PepsiCo, Inc./Frito-Lay, Inc., providing legal advice on a broad range of transactional matters related to environmental sustainability, contract manufacturing, real estate, and other operations projects.

Adrienne is a graduate of Yale University and the University of Pennsylvania School of Law. From 2000 to 2005, Adrienne was an associate in the Labor and Employment Practice at Morgan Lewis, resident in the firm’s Washington, D.C. office.

Adrienne A. Brown

Grace E. Speights

clients look to me for both legal and business advice. This is not something I envisioned before I went in-house and it’s turned out to be a very satisfying part of my position.

Grace: How important has it been to you to have mentors in your career, and what do you look for in a mentor?

Adrienne: I look for someone who has meaningful experiences I can learn from. I also look for someone who has availability — not just in terms of time, but in terms of their transparency. I also look for someone who is excited about what they do. I have been blessed to find mentors that fit these categories at PepsiCo and Morgan Lewis.

Grace: Let’s shift topics: What advice do you have for your outside counsel?

Adrienne: Think of things that I would not think of! Most of us who are in-house got our starts at law firms, so we have good training. Where outside counsel add value is when they anticipate issues and can problem-solve. When you are in-house you are also looking for success at a manageable price.

Grace: One final, but important question: How can law firms show you they are committed to diversity?

Adrienne: Firms can show me their commitment by using diverse attorneys who work on my matters and bill substantial time to those matters — at all levels, not just at the relationship partner level. At PepsiCo we are focused on diversity and it’s important to me that the attorneys working on our matters look like our shareholders, employees, and consumers.

Grace E. Speights is a partner at Morgan, Lewis & Bockius LLP. Grace was the first African American female to become a partner in the firm. Today, Grace holds a number of significant positions within the firm, including serving as Managing Partner of the firm’s Washington, D.C. office, Co-Chair of the firm’s Diversity Committee, a Member of the firm’s Compensation Committee, and a Member of the firm’s Management Committee. She formerly served as a Member of the firm’s Advisory Board.

January/February 2011

FEaturEs

18 looking East

Starwood Hotels & Resorts Worldwide, Inc. is turning its Chinese foothold into a cornerstone of its business.

The company is opening properties at an unprecedented pace, but is cognizant of the cultural challenges that lie ahead. article by chana garcia 24 the Forgotten abolitionist

Robert Morris, the second African American admitted to the bar in the United States, helped forge the basis for abolition and later, the Civil Rights Movement. Yet he is largely forgotten. His story is worth retelling. article by tom calarco

30 naPaBa’s Best under 40 The National Asian Pacific American Bar Association recognizes 20 of the nation’s most distinguished attorneys from around the country and across the legal spectrum. by patsy y. michale and michelle k . sugihara

p.18 Starwood’s hotels strive to reflect thousands of years of Chinese history.

Columns

DEPartmEnts

8 notes from the Executive Director

46 association Focus

10 Perseverance in Profile Highlighting the contributions and talents of attorneys with disabilities.

Advocate of the Disabled: Andrew Levy by tom calarco

12 lawyer’s lantern Offering illuminating professional guidance for your career.

What’s New at MCCA in 2011 by lori l . garrett

16 spotlighting

36 mCCa’s (In)valuable scholarship

p.24

The Lloyd M. Johnson, Jr. Scholarship Program is providing more than just the means to attain a legal education. It is offering legal scholars the opportunity to mine MCCA’s vast network and create relationships that will further their careers. by joshua h . shields

Service and Advocacy in a Gay Environment (SAGE) by kara mayer robinson

48 movers & shakers 49 Diversity news Diverselawyers.com by joshua h . shields

50 the scale

MCCA Weighs the News by joshua h . shields

p.30

An Unexpected Turn: Jason L. Brown by patrick folliard

NAPABA’s best attorneys share their thoughts on the legal profession.

MCCA® Board Of Directors

MCCA® Law Department Members

Richard S. Amador

MCCA® acknowledges the financial support of its law department members. Their support has made this magazine and other MCCA research projects possible.

Michelle Banks

3M Company AT&T Accenture LLP AECOM Allstate Insurance Altria Group, Inc. American Airlines, Inc. American Express Company American Lawyer Media Aon Corporation Aramark AstraZeneca Pharmaceuticals Bank of America Benistar Admin Services, Inc. Boehringer Ingelheim Corporation Booz Allen Hamilton BP America Inc. Bristol-Myers Squibb Company Capital One Caraustar Industries, Inc. Cargill Inc. Catalent Pharma Solutions Catholic Healthcare West Chevron Corporation CIGNA Corporation CITGO Corporation Colgate-Palmolive Company Compass Group, The Americas Computer Science Corporation ConAgra Foods, Inc. ConocoPhillips Consolidated Edison Co. of N.Y. Constellation Energy Cox Communications Credit Suisse First Boston LLC Deere & Company Del Monte Foods Corporation Dell Inc. DHL Express Diageo North America Driver’s Insurance Company Duke Energy DuPont DynCorp International Eaton Corporation Eli Lilly and Company Entergy Corporation Estée Lauder Companies Inc. Exelon Business Services Company Fannie Mae Federal Home Loan Bank of San Francisco Freddie Mac Gap Inc. Genentech, Inc.

Partner, Sanchez & Amador, LLP Senior Vice President and General Counsel, Gap, Inc.

Clarissa Cerda

General Counsel & Secretary, LifeLock, Inc.

A. B. Cruz III

Chief Legal Officer & Corporate Secretary, Scripps Networks Interactive, Inc.

Anthony K. Greene

Director, Jamison Insurance Group

William L. Hawthorne III

Senior Vice President, Diversity Strategies & Legal Affairs, Macy’s, Inc.

Gary F. Kennedy

Senior Vice President, General Counsel & Chief Compliance Officer, American Airlines, Inc.

Susan Klooz

Senior Vice President and General Counsel, Legal Administration and External Relations (Ret.), Wal-Mart Stores, Inc.

Nancy Lee

Senior Vice President & Deputy General Counsel Marriott International, Inc.

Don H. Liu

Senior Vice President, General Counsel, & Secretary Xerox Corporation

Hinton J. Lucas

Vice President & Assistant General Counsel DuPont Company

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Robbie E. B. Narcisse

Vice President-Global Ethics & Business Practices Pitney Bowes Inc.

Thomas L. Sager

Senior Vice President & General Counsel DuPont Company

Robin H. Sangston

Vice President, Legal Affairs and Chief Compliance Officer Cox Communications, Inc.

Kenneth S. Siegel

Executive Vice President & General Counsel, Starwood Hotels & Resorts Worldwide, Inc.

Mary E. Snapp

Corporate Vice President & Deputy General Counsel Legal & Corporate Affairs, Microsoft Corporation

Lawrence P. Tu

Senior Vice President & General Counsel Dell, Inc.

Simone Wu

Senior Vice President & General Counsel, XO Holdings, Inc.

Diane C. Yu

Chief of Staff & Deputy to the President New York University

Advertising For advertising inquiries, contact Alexandra K. Kahl, ACC, at kahl@acc.com.

MCCA® Membership Please visit our web site at www.mcca.com for membership and other information.

General Information and Address Changes Send your questions, complaints, and compliments to MCCA®, Managing Editor, Diversity & the Bar®, 1111 Pennsylvania Avenue, NW, Washington, DC 20004. Address changes should be sent to MCCA’s Director of Membership and Development at 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

Permissions and Reprints Reproduction of Diversity & the Bar in whole or in part without permission is prohibited. The Copyright Act of 1976 prohibits the reproduction by photocopy machine or any other means of any portion of this issue, except with the permission of MCCA. To obtain permission, contact: Joshua H. Shields, Editor, 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

JANUARY/FEBRUARY 2011

General Electric Company General Mills Inc. GlaxoSmithKline Graduate Management Admission Council GTSI Corporation Hewlett-Packard Company H.J. Russell & Company Halliburton Harley-Davidson Motor Company Honeywell IBM Intel Corporation International Paper Company ITT Corporation JC Penney Company, Inc. JetBlue Airways Corporation Johnson & Johnson JPMorgan Chase Bank NA JM Family Enterprises, Inc. Kaiser Foundation Health Plan, Inc. KeyCorp Kraft Foods Kroll, Inc. Law School Admission Council (LSAC) Leo Burnett Company LexisNexis Liberty Mutual Insurance Company Lifelock, Inc. Liquidity Services, Inc. Macy’s, Inc. Marriott International, Inc. MassMutual Financial Group McDonald’s Corporation Merck & Co., Inc. Microsoft Corporation MillerCoors Monsanto Company Morgan Stanley MV Transportation, Inc. National Grid Navistar, Inc. Newegg Inc. New York Life Insurance Company Nike, Inc. Nsoro, LLC Nuclear Electric Insurance Limited NVIDIA Corporation Office Depot Pacific Gas and Electric Company Pepco Holdings, Inc. PepsiCo, Inc. Pfizer Inc. Pitney Bowes, Inc.

Copyright Copyright® 2011 by the Minority Corporate Counsel Association. Diversity & the Bar is published six times a year and is distributed to supporters and subscribers, 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

The information contained in this publication has been provided to the Minority Corporate Counsel Association (MCCA®) by a variety of independent sources. While MCCA makes every effort to present accurate and reliable information, MCCA does not endorse, approve, or certify such information, nor does MCCA guarantee the accuracy, completeness, efficacy, or chronological sequence of any such information. Use of such information on the readers’ part is entirely voluntary and reliance upon it should be undertaken only upon independent review and due diligence.

References herein 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 consequences resulting from the use of the information herein, or in any

DIVERSITY & THE BAR®

PPG Industries, Inc. Porzio Pharmaceutical Services, LLC PRAXAIR, INC. Premier Media, Inc. Prudential Financial Quest Diagnostics Incorporated Qwest Communications Reckitt Benckiser, Inc. Reed Elsevier, Inc. Rockwell Collins Rolls Royce North America Sara Lee S.C. Johnson & Son, Inc. Sears, Roebuck and Co. Sempra Energy Shell Oil Company SMG Consulting, Inc. Sodexo Sony Electronics, Inc. Southern California Edison Company Staples, Inc. Starbucks Coffee Company Starwood Hotels & Resorts Worldwide, Inc. Synopsys, Inc. Taco Bell Corporation Target Corporation Tessera North America, Inc. The Boeing Company The Church Pension Fund The Clorox Company The Coca-Cola Company The Dow Chemical Company The Juilliard School The Vanguard Group, Inc. The Walt Disney Company The Williams Companies, Inc. Toll Brothers, Inc. Tyson Foods Inc. UBS UnitedHealth Group United Parcel Service United Technologies Corporation U.S. Food Service, Inc. Verizon Walmart Stores, Inc. WellPoint, Inc. Waste Management Wells Fargo & Company Xerox Corporation XO Holdings, Inc. Zenith Insurance Company

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

The MCCA® Diversity Honors Gala

Alice Tully Hall, Lincoln Center

September 27, 2011

Red carpet VIPs Business Executives General Counsel Premium Networking Elegant Ambience

Be there as MCCA honors the nation’s foremost corporate and industry leaders at one unforgettable, “Oscar®-like” awards presentation.

To learn more visit www.mcca.com or contact MCCA’s Director of Special Events at JenChen@mcca.com or (202) 739-5902.

notes

T 8

he first decade of the new millennium was a momentous one for diversity in the legal sector. Not only have women and people of color established a greater presence in the legal suites of corporate, government and nonprofit organizations around the country, but lawyers with disabilities, and lesbian, gay, bisexual, and transgender lawyers also have become more visible and accepted.

Like many of you, MCCA views the beginning of a new decade as a time to pursue new opportunities. We hope you like our magazine’s fresh new design. In addition to reviewing our enhanced graphic presence, we invite you to check out “The Scale,” our new column rating news stories in terms of their impact on diversity. MCCA also plans to launch new programs in 2011—like our new Three People, Three Perspectives conversation series, and our Firm Affiliate Network—and we are giving the National Diversity Honors Gala a dramatic makeover.

MCCA will continue to be a leading advocate for diversity as well as a valued resource for employers seeking to embrace diversity as a management imperative. We also remain dedicated to supporting attorneys’ efforts to maintain the highest of professional standards as they navigate through their careers. Consistent with that obligation, we are proud to continue offering the prestigious Lloyd M. Johnson Jr. Scholarship Program, just one example of how our organization nurtures emerging talent.

Diversity & The Bar allows MCCA to regularly showcase the achievements of those companies, law firms, and individual attorneys who are living the professional commitment to diversity that we encourage others to emulate. For this edition, our feature on Starwood Hotel & Resorts Worldwide demonstrates how one global enterprise is meshing its commitment to diversity with its dedication to providing high-quality hospitality around

Photo by John Abbott Photography

From the Executive Director

the world. We are also pleased to profile Baltimore attorney Andy Levy whose love of the law and commitment to social justice inspires lawyers of all abilities. Our overview of the National Asian Pacific American Bar Association’s Best Under 40 celebrates the contribution this stellar group of attorneys is making to our profession. In addition to celebrating contemporary standard bearers, we hope you’ll also be moved by our story on 19th century legal pioneer Robert Morris, whose tireless work forged the legal basis of abolition and the Civil Rights Movement.

As always, we invite your feedback and welcome ideas about how the association can continue to support your efforts to reshape our profession so that it that better serves this great nation. Justice Thurgood Marshall once said, “We can always stay together when we’re losing, but tend to find means of breaking up when we’re winning.”

The diversity momentum gathered since the turn of the century has yielded a bountiful harvest, but there is still much to be done. MCCA is resolved to ensure that our mandate and our solidarity continue.

VItA RICHARDSON

Executive Director

Publications Staff Ceo and director of publications Veta T. Richardson

publishing Consultants Bill Cox Cheryl Fields

Founder and publisher emeritus Lloyd M. Johnson, Jr.

Advertising Kevin Buck Lucy M. Jones Alexandra K. Kahl

editor Joshua H. Shields

JANUARY/FEBRUARY 2011

design/Art direction QuadCreative

DIVERSITY & THE BAR®

MCCA® Staff Jennifer Chen Mahzarine Chinoy David Chu Donna Crook Brandon M. Fitzgerald Lori L. Garrett Jessica Martinez Connie Swindell-Harding

Contributing Writers Tom Calarco Patrick Folliard Chana Garcia Lori L. Garrett Patsy Y. Michale Kara Mayer Robinson Joshua H. Shields Michelle K. Sugihara

MCCA.COM

UNITED UNIFIED BY DIVERSITY Introducing the MCCA Law Firm Affiliate Network — valuable new support for your diversity efforts.

The Minority Corporate Counsel Association (MCCA) has created the Law Firm Affiliate Network (FAN) to assist and acknowledge law firms that are committed to advancing diversity and inclusion in the legal profession. As a law firm affiliate, you will be better prepared to meet the expectations of top clients and diversity leaders like American Airlines. FAN benefits include access to MCCA’s online database of best practices, inclusion of the firm’s diverse attorneys in the FAN directory circulated to MCCA member companies, and much more.

It’s just another way we’re raising the value of diversity.

To start enjoying all the benefits of FAN, complete the online application at www.mcca.com.

For more information, you can also contact David Chu, Director of Membership & Development, at 202-739-5906 or davidchu@mcca.com.

Members of the law department at American Airlines, an MCCA Employer of Choice

Perseverance in Profile

aDvoCatE oF thE DIsaBlED

BY TOM CAlARCO

On two occasions, Andrew levy—who prefers to be called Andy—recalls being asked to stand during court proceedings before a federal judge because the judge failed to notice that Andy uses a wheelchair. Oversights like this are not unfamiliar to people with disabilities, so levy doesn’t let such slights interfere with his work. Still, he says we have a long way to go to improve the way our society treats people with disabilities.

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“I

think that disability rights, in many respects, are still in their infancy, particularly when compared to other civil rights,” he says. “In virtually any area— housing, employment, medical care, you name it—people with disabilities are still the most poorly served, and this cuts across race, gender, ethnicity, even class. There is so much work to be done.”

Levy is a named partner of Brown, Goldstein & Levy in Baltimore, Md. He grew up near the nation’s capital, the son of a federal administrative law judge. In college, he majored in theater and dabbled in journalism and photography, but ultimately, was drawn to study law.

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DIVERSITY & THE BAR®

“I think I was destined to become a lawyer,” he says.

“The lawyering process allows you to do more. You can bring so many talents and eclectic interests to it.”

Levy didn’t begin his life with a disability, but during his first semester of law school, a central-nervous-system infection left him unable to walk. Despite the changes to his physical condition, his commitment to a career in law remained.

In the years since, Levy has won numerous awards, including the Benjamin L. Cardin Pro Bono Service Award from the University of Maryland; has been appointed chair of the Maryland Commission on Disabilities; and has served on the ABA Commission on Physical & Mental Disabilities Law. As lead plaintiff’s counsel in the landmark Potomac Group Home Corp. v. Montgomery County, Md., case, Levy championed efforts to eliminate state and local laws that once required neighbor notification and public hearings prior to the opening of group homes for people with disabilities in Maryland. And as lead author of the Maryland Evidence Courtroom Manual (Lexis/Nexis), he also is a recognized authority on the use of courtroom evidence.

“The rules of evidence are so critical to what a litigator does,” he says. “They are to a trial lawyer what hammer and saw are to a carpenter. I like the process of identifying a problem and then fashioning a litigation strategy that offers the best way to attack it.”

Levy’s approach to the Potomac case is a prime example.

His involvement in the case began when one of his former firm’s partners, who was on the board of a nonprofit organization, asked him to help it get a license for another small group home for emotionally disturbed boys. At the time, MCCA.COM

state law required a public hearing.

The hearing that ensued was attended by hundreds of angry neighbors, he recalls. “I would ask the witness a question, and when the administrative law judge would rule on an objection, the crowd would either hiss or cheer wildly—it was like a cross between the Jerry Springer Show and Perry Mason.”

Levy remembers how “fundamentally un-American” it seemed to him for any family unit to have to endure such a process. to underscore this point, he compares the situation to a black family being required to suffer through a public hearing before being allowed to move into a white neighborhood.

“There are some days [when] you really feel like a lawyer, like you’ve accomplished something very tangible, and representing someone against that mob was one of those days,” Levy says, recalling this hearing prior to the Potomac case. “It was very scary.

I was the one between the client and the mob.”

After successfully representing the group home for emotionally disturbed boys, Levy sought to eliminate the state law that required such hearings.

His firm began looking for an appropriate test case by spreading the word among nonprofits that they wanted to bring a challenge to the law. It was difficult because most of the agencies feared reprisal, but then Potomac agreed to take on the challenge. Levy argued that the practice violated 1988 amendments to the federal Fair Housing Act. His victory led to a change in the state law.

Levy has been with Brown, Goldstein & Levy since 1990, and handles both criminal and civil litigation.

“My civil practice focuses on plaintiff’s malpractice and personal injury as well as commercial litigation of all kinds on behalf of both plaintiffs and defendants,” he says. “I have significant experience representing senior executives in employment-related matters and health care providers and MCCA.COM

other professionals in administrative licensure proceedings. I have also represented corporations, such as Waste Management, in litigation.”

Levy is highly respected by his peers and he has made a number of best-lawyer lists compiled by those in the legal profession, including white collar criminal defense, commercial litigation, and so-called “bet-the-company litigation.” But the courtroom is not the only arena in which he excels.

“Professor Levy teaches with such enthusiasm and deep knowledge of the law, it is incredible to listen to him lecture,” says a student at the University of Maryland School of Law, where Levy was recently named Outstanding Adjunct Professor of the Year for a third consecutive year.

“I love teaching,” Levy says. “It gives me a chance to mentor and give back, and the students appreciate having a practicing lawyer instructing them. Also, the classroom dialogue with the law students—who are, by the way, very smart—helps me in court with cross examination of experts. testing an expert is like

like you could go out and know what the laws mean in reality after learning from him. His enthusiasm for the subject matter and for the learning process of his students can be felt in each class. It was a pleasure coming to class each night.”

As a defender of people with disabilities, Levy also has become a true champion of the law itself. His firm also demonstrates its commitment to growing the ranks of lawyers with disabilities by awarding the annual Brown, Goldstein & Levy Disability Rights Fellowship.

“We offer a one-year fellowship to a recent law school graduate or judicial clerk with a significant disability who spends a year with us litigating cases that focus on disability rights.

It’s a way to help a young lawyer get a start, but it’s not totally altruistic on our part, because it has given us the opportunity to work with some extremely talented young lawyers.”

As anyone who knows Levy will tell you, having a disability has absolutely not impaired his abilities as a lawyer. to the contrary, it is part of

People with disabilities are still the most poorly served, and this cuts across race, gender, ethnicity, even class. teaching law school, in that each is pushing the intellectual envelope.”

Further insight to what Levy brings to the classroom can be gleaned from what a student once wrote in a course evaluation: “(Professor) Levy’s extensive experience with the subject matter in real life gives the classroom a vibrant and tangible tone. It feels

what drives his passion, energy, and self-described “fascination with the world of the courtroom,” all of which contribute to making him one of America’s finest lawyers. d&B Tom Calarco is a freelance writer based in Altamonte Springs, Fla.

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lawyer’s lantern

What’s nEW at mCCa In 2011 BY lORi l. GARRETT

As we move into the new year, MCCA has committed to some significant changes that we feel will benefit our valuable supporters. What follows is MCCA’s five-point New Year’s resolution and suggestions on how you can leverage these changes to help advance your careers in 2011!

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H help those who help you.

While corporate legal departments constitute the core of MCCA’s members, since its formation the organization has also been supported by numerous independent law firms. In appreciation for the tireless support of these firms, MCCA has launched a new service to assist them in advancing their own diversity. The Firm Affiliate Network (FAN) is designed to engage a select group of law firms that have already demonstrated a commitment

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DIVERSITY & THE BAR®

to diversity. Interested firms are invited to apply for participation in the program. The application allows firms to share information about their existing diversity initiatives.

Participation in FAN offers a number of valuable benefits, such as: inclusion in a national diverse counsel directory; providing firm attorneys with access to a virtual library of diversity resources; discount rates on postings to MCCA’s new and improved Job Bank; bulk rate subscriptions to MCCA’s Diversity & the Bar magazine; and more! In addition, MCCA will periodically circulate the list of participating FAN firms among our corporate members to assist legal departments in retaining counsel who are committed to diversity. In-house counsel will also have access to the online directory of the diverse attorneys who work at FAN participating law firms. In addition, there will be exclusive networking opportunities for FAN attorneys and MCCA’s in-house counsel network.

As a law firm attorney, encouraging your firm to join FAN can give you the opportunity to be included in the new online directory provided as a resource to in-house counsel. You can also use your firm’s participation in FAN as a marketing opportunity to clients. You will have access to exclusive networking events for FAN attorneys, and if you serve on your firm’s diversity committee, the educational resources available through FAN’s virtual library will be invaluable to your diversity work. learn something new. Workplace 2020 is a new educational training program by MCCA that will help MCCA.COM

Three People, Three Perspectives will be a closeddoor, honest exchange ripe with straight talk; no recordings, no media.

sion. Hearing from Generation Y about how they want to work as they grow in their careers will give you a leg up on competitors who are only focused on today. In-house counsel can also gain knowledge about how their legal department might leverage the increasingly global talent over the coming decade. Your career as a manager depends on paying attention to these issues and overcoming the challenges of these changes. get a better job.

organizations to redefine the legal workplace in order to meet the challenges of the coming decade.

Over the course of this decade, it is anticipated that a significant number of Baby Boomers will retire in the near future, and MCCA will help organizations respond to these major changes through a series of surveys, regional roundtable discussions, and small networking events. MCCA will also capture the views of Generation Y attorneys which will then inform specific recommendations on how to make all our workplaces Gen Y ready. This new educational program is designed to identify the managerial policies and best practices legal employers should be considering so that they’ll be poised retain diverse talent over the next 10 years.

Workplace 2020 will be a valuable training opportunity to learn how to better manage your multigenerational staff, to ensure that various experience levels in your organization are gaining access for sound succession planning, and that you are prepared for the future of the profesMCCA.COM

MCCA’s new and improved Job Bank is up and running!

This upgraded system includes new features for diverse individuals and organizations committed to diversity to better facilitate employment connections nationwide. For employers, the Job Bank is easier to use, has a searchable resume database, allows for job activity tracking, has auto notification for matching candidates with positions, and allows employers to manage all job postings online. For job seekers, the upgraded MCCA Job Bank provides FREE and confidential resume posting, job search control, an easy job application process, and the capability to save jobs so you can come back to apply when you are ready. MCCA is also pleased to continue to offer the Hot Jobs email blast spotlighting open positions at our member companies and law firm affiliates.

Having access to more opportunities, more employers, and more diversity is one of the best ways we at MCCA think we can help committed organizations find the best talent. It also is another resource that diverse attorneys can use to advance their

careers. The new Job Bank is so easy to use and is such a robust resource.

You are missing out if you do not take the opportunity to create an account either as an employer or as a job seeker. Visit http://jobbank.mcca.com to start making connections today! take more trips. In lieu of the five regional awards dinners that MCCA used to host across the country, this year we invite you to attend a series of captivating regional networking forums held at unique venues and featuring straight-talk discussions.

MCCA’s new Three People, Three Perspectives conversation series will focus on what members of our network say they want: real talk and networking. Here is an overview of the new series: Failure. Spontaneity. Do Overs.

Doubt. Courage. Real talk. Real people. MCCA presents an intriguing and candid conversation with diverse leaders in the legal profession on how issues like these have impacted their careers. Come gain the lessons our distinguished panelists have learned from real-world experiences. Find out what it has taken for them to get where they are and what has contributed to their success. This will be a closed-door, honest exchange ripe with straight talk; no recordings, no media. The series promises to be compelling and, remember, what happens at this forum stays at the forum! An exclusive networking reception in an unforgettable venue will immediately follow the conversation, where MCCA will reveal the regional winner of the prestigious Thomas L. Sager Award, our highly competitive award for law firms that demonstrate a sustained commitment to improve the hiring, retention, and promotion of diverse attorneys in the legal profession.

Don’t miss this phenomenal opportunity to enhance your professional development. We’ll keep you posted on the locations and dates.

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Baby Boomers will retire in the near future, and MCCA will help organizations respond to these major changes through a series of surveys, regional roundtable discussions, and small networking events.

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celebrate in style.

Starting in 2011, MCCA will host its first National Diversity Honors Gala in grand style, including an Oscar®-like awards presentation honoring all of the Employer of Choice award recipients. This will be the premier VIP national diversity conference event, drawing distinguished attorneys from across the country to celebrate corporate leadership in diversity. A lifetime achievement award will be presented to an individual who exemplifies extraordinary service in advancement of a more diverse and inclusive society. Following the formal awards program at Lincoln Center’s Alice tully Hall in New York City, guests will adjourn to a celebration featuring cocktails, dinner, music, and networking in the heart of the most exciting city in the world.

Sound like a night to remember?

It will be, and you won’t want to miss it! For starters, the networking opportunities will be unmatched. All of the

JANUARY/FEBRUARY 2011

leading diversity stars in corporate legal departments and law firms will be there. Attendees will also be inspired by stories of those organizations and individuals who are leading the legal profession in becoming more inclusive.

MCCA is excited to offer all of these new services. We’re pleased to continue offering our current resources such as Diversity & the Bar, KAN-Do! Mentoring, the Lloyd M. Johnson, Jr. Scholarship Program; our corporate membership services; our other networking events such as the CLE Expo, General Counsel Invitational Diversity Leadership Summit (the GCI), and Creating Pathways to Diversity Conference; and our research. We hope 2011 is as bright for you as we anticipate it will be for us! d&B Lori L. Garret is a managing director for MCCA’s southeast region. She heads MCCA’s professional development services.

DIVERSITY & THE BAR®

For morE InFormatIon on: national Diversity honors Gala; three Perspectives, three People; and the GCI Contact: Jennifer Chen, Director of Special Events jenchen@mcca.com Fan and mCCa Corporate membership Contact: David Chu, Director of Membership and Development davidchu@mcca.com ClE Expo Creating Pathways to Diversity Conference Contact: Maria Volpe-Viles, MCCA Consultant mvolpeviles@vsquared.biz Diversity & the Bar magazine Contact: Josh Shields, Editor joshshields@mcca.com mCCa Job Bank, hot Jobs, the lloyd m. Johnson, Jr. scholarship Program and the Kan-Do! mentoring Program Contact: lori Garrett, Managing Director, Southeast Region lorigarrett@mcca.com Workplace 2020 and mCCa’s research Contact: Veta Richardson, Executive Director, Vetarichardson@mcca.com MCCA.COM

Minority Corporate Counsel Association Minority Corporate Counsel Association Regional Networking Forum

Regional Networking Forum Featuring The Presentation of the Thomas L. Sager Awards Featuring The Presentation of the Thomas L. Sager Awards

Three People, Three Perspectives Three People, Three Perspectives Conversation Series Conversation Series Failure. Spontaneity.

Do Overs. Doubt. Courage.

Real talk. Real people.

Failure. Spontaneity. Do Overs. Doubt. Courage. Real talk. Real people.

Join MCCA for our new Regional Networking Forum, an intriguing and candid Join MCCA for ourwith newdiverse Regional Networking an intriguing candid conversation series leaders in the legalForum, profession.

Come hearand compelling conversation seriesdoubt, with and diverse leaders the legal Comecareers. hear compelling issues of failure, courage andin how it hasprofession. impacted their Gain the issues ofour failure, doubt, andpanelists couragehave and learned how it has their careers.

Gain the lessons distinguished fromimpacted these captivating experiences. lessons our distinguished panelists have learned from these captivating experiences.

These discussions will be closed-door honest exchanges, These discussions will talk. be closed-door honest ripe with straight No recordings.

Noexchanges, media. ripe with straight talk. No recordings. No media.

Following each panel, MCCA will reveal the regional winner for the prestigious Following each Award, panel,asMCCA reveal the networking regional winner forinthe prestigious Thomas L. Sager well aswill host an exclusive reception a unique venue.

Thomas L. Sager Award, as well as host an exclusive networking reception in a unique venue.

February 16, 2011 – South/Southwest Regional Networking Forum Cowboys TX. February Stadium 16, 2011 Arlington, – South/Southwest Regional Networking Forum Cowboys Hosted byStadium AmericanArlington, Airlines® TX.

Hosted by American Airlines® March 15, 2011 – Midwest Regional Networking Forum Chicago Downtown Marriott,Regional Chicago,Networking IL March 15, 2011 – Midwest Forum Chicago Downtown Marriott, Chicago, IL May 11, 2011 – Western Regional Networking Forum One Restaurant Francisco, CA May Market 11, 2011 – WesternSan Regional Networking Forum One Market Restaurant San Francisco, CA June 9, 2011 – Mid-Atlantic Regional Networking Forum Newseum Washington, DC Regional Networking Forum June 9, 2011 – Mid-Atlantic Newseum Washington, DC

For information regarding sponsorship opportunities or purchase tickets visitsponsorship www.mcca.com or contact Fortoinformation regarding opportunities Jessica Martinez at jessicamartinez@mcca.com or 202-739-5901 or to purchase tickets visit www.mcca.com or contact Jessica Martinez at jessicamartinez@mcca.com or 202-739-5901

spotlighting

L

ast October, Brown was named executive director of the National Association of Minority and Women Owned Law Firms (NAMWOLF). Even though his new position isn’t on the Supreme Court, he could not be happier.

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an unExPECtED turn Jason l. Brown

BY PATRiCk FOlliARD

Jason Brown never anticipated one of the stops along his legal career would include leading a nonprofit trade association. During his teenage years, the Twin Cities native imagined himself securing a spot on the United States Supreme Court. His goal was to become the next Thurgood Marshall. “it began with a civics assignment in high school. i became thoroughly obsessed with all things Marshall,” he recalls.

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DIVERSITY & THE BAR®

Established in 2001, NAMWOLF’s purpose is to encourage major corporations and public entities to utilize the services of minority- and women-owned law firms. Launched with only a handful of member firms from across the country, today NAMWOLF boasts ninety-five member firms and 150 corporate and public entity partners who agree to spend at least five percent of their outside legal budget on participating firms.

Brown is passionate about his work, and while he has never been part of a minority- or women-owned firm himself, he brings a wealth of pertinent experience to his new position. Previously, he was the director of legal affairs at PepsiAmericas, Inc., and he includes litigation, risk management, government relations, as well as corporate compliance and fraud, among his areas of expertise. Seven plus years with the international company equipped Brown with a keen understanding of what is expected from outside counsel as well as a firm grasp on how to build the type of relationships corporate legal departments are seeking.

“I’m acutely aware of how to go about making the argument for our firms and to persuade different corporations about why they should be a part of the NAMWOLF mission,” he says. Having worked as corporate litigator at Winthrop & Weinstine in Minneapolis, and Ungaretti & Harris in Chicago, Brown also is well acquainted with billable hours and the struggles firms face in getting on the radar screens of major corporations.

“The opportunity to head an organization whose goal is diversity in the legal profession seems uniquely tailored to me,” he says. “It’s an excellent fit.”

A NAMWOLF board member since 2007, Brown came to his new position with an understanding of the organization. NAMWOLF members are vetted for references and respectability within the profession. In addition, each firm must employ at least three, full-time employees; possess a Martindale Hubble AV rating; and demonstrate a history of doing the work that the association’s partners demand, preferably with Fortune 1000 companies. Given the opportunity, Brown says, NAMWOLF’s members prove themselves to be on par with majority-owned firms.

Many corporations and public employers express interMCCA.COM

est in achieving diversity. Brown’s goal is to help them realize that aspiration.

“A lot of companies seek diversity through outside counsel exclusively drawn from larger, majority-owned firms, often to the exclusion of those owned by minorities and women.

Frankly, this model isn’t working very well—diversity has shown less than impressive growth at large firms over the last 20 years. While the numbers and size of majority firms may be enticing, true diversity is only achieved when our corporate partners develop long-lasting relationships with participating, truly diverse firms.”

strategies that will make the organization increasingly useful and visible.

While Brown appreciates the symbolic value that being an African American lawyer brings to his new position, he rejects the notion that the attribute is a requirement. “A trade association with a focus on diversity requires a person with leadership and vision to push it forward—a specific demographic isn’t the most important quality,” he says. Nonetheless, he admits that his combination of his personal and career experience afford him invaluable insights. “I can identify with the experience and the struggle. From a personal perspective I understand how frustrating and real it is that there are individuals out there who believe that minorities and women aren’t capable of doing the work. I’ve been underestimated in private practice, my abilities discounted based on how I looked when I entered the room. On that same note, I can tell that they didn’t feel the same way when I left the room.”

Thurgood Marshall continues to inspire Brown. “Because he was the first in so many respects, Marshall had to possess extreme confidence, strength of character and—particularly at the time—a lot of humility too,” Brown says. “He serves as an example to me and to so many in the legal profession.”

Like Marshall, Brown is a Howard

“ The opportunity to head an organization whose goal is diversity in the legal profession seems uniquely tailored to me.”

Since assuming the NAMWOLF directorship, Brown has focused on improving its infrastructure and becoming better acquainted with the organization’s back office. twice weekly, he commutes from his home in Chicago to NAMWOLF’s Milwaukee headquarters. Much of his time is spent on the phone and in meetings with corporate partners and member firms working to strengthen existing relationships and to formulate MCCA.COM

University School of Law alumnus (class of 1998). Throughout law school and his career, he has relied on mentors—of various racial and cultural backgrounds—to give him a nudge in the right direction. “I have a history of making people my mentors before they realize it,” he says with a chuckle.

“I’ve always looked to people who were doing what I wanted to be doing or more skilled in an area that I was currently focused on at the time. Over the years, I’ve had more than one mentor whom I’ve leaned on for a variety of things, both personal and professional.”

In his new position, Brown will now have a turn to serve and to inspire others. His decision to pursue the NAMWOLF executive directorship emerged rather serendipitously. At the time, PepsiAmericas was in the process of merging with PepsiCo and The Pepsi Bottling Group, and was moving its headquarters to New York. Brown needed to decide whether to relocate his family halfway across the country, or look for a new job. After some thought, he decided on the latter.

Soon after at a NAMWOLF board meeting called specifically to discuss the hiring of the association’s firstever executive director, it dawned on Brown that he was the right lawyer for the job. Not only did he have enthusiasm for the organization’s mission, but he also possessed the required strong desire to advocate and to lead. The rest of the board members agreed. today, Brown sees himself as the natural choice to lead NAMWOLF into the next decade. “Sometimes my career has a way of unfolding all on its own. Once again, it has put me in the exact place where I need to be.” d&B Patrick Folliard is a freelance writer based in Silver Spring, Md.

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DIVERSITY & THE BAR®

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MCCA.COM

19

Looking

East

Starwood’S riSe in China

By Chana GarCia

MCCA.COM

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DIVERSITY & THE BAR®

dUrinG the Mid1980s, the hoSPitaLitY indUStrY ConSidered China an UnKnown Frontier, and Few LUXUrY hoteL BrandS were LooKinG to VentUre into the eXPanSiVe CoUntrY. aLthoUGh the PeoPLe’S rePUBLiC waS in the MidSt oF LonG-awaited PoLitiCaL reForM, itS PoLiCieS were SLow to weLCoMe ForeiGn inVeStMent.

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U

Under the rule of its Communist leaders, China had succeeded in cutting itself off from the rest of the world. But thanks to political reform, bolstered by rapid modernization and a robust population of 1 billion people, business opportunities bubbled at the surface and promised to completely transform China’s— and the world’s—economic landscape.

When China first began to open up, gaining a foothold in its emerging markets presented enormous financial risk, particularly for American companies looking to establish a presence in the Far East. For the executives at Starwood JANUARY/FEBRUARY 2011

DIVERSITY & THE BAR®

Hotels and Resorts, however, China’s rocky transition period was viewed merely as a short-term challenge. They recognized the long-term potential of its budding economy, where high-stakes risks would lay the foundation for enormous reward. today, Starwood is one of the largest four- and five-star hotel operators in China. In fact, the country represents Starwood’s second largest hotel market behind the United States. Since opening the first internationally branded hotel in China in 1985—the Great Wall Sheraton® in Beijing— Starwood has created the largest pipeline of upscale hotels in China, with 62 existing properties and another 86 in the works.

Ken Siegel, Starwood’s chief administrative officer and general counsel, notes that within the next year, one in every three of the company’s new hotels will open in China, a nation where more than 170 cities each boast more than a million-plus residents.

But while China represents a significant business investment for Starwood, company executives count themselves among the early pioneers of the vast and varied Asian markets, having first established properties and international residences in the region during the 1970s. today, Starwood hotels can be found in Japan, Thailand, Vietnam, MCCA.COM

The lobby of Le Méridien Qingdao, in Qungdao, Shandong, China, exemplifies the modern look of Starwood’s Chinese properties.

tors, and its success has come in large part from the detailed preparations of its legal department. Parsing the language of international taxation, acquisitions, consolidations, and restructuring require intimate knowledge of both international laws and the laws of individual nations. In order to handle its complex deals, Starwood dispatches teams of U.S.-based lawyers to live and work abroad as the company opens more locations around the world. These attorneys are not only charged with learning the rules and principles that govern each nation, but they’re also encouraged to establish relationships with local attorneys as part of their overseas rotation, which can last anywhere from a few months to a few years.

Jason Cohen, Starwood’s vice president and general counsel, Asia Pacific, was no stranger to living and working abroad when the company sent him to Singapore in 2008. As a college student, he spent time in Japan and returned after graduation to work for a Japanese financial institution and then later in the tokyo office of an international law firm.

Singapore, and India. The luxury brand also has high-end properties throughout Europe, Africa, the Middle East, Latin America, and Australia.

“We have been in Asia as a hotel company probably longer than any other American brand—actually more than any other international hotel company,” Siegel says. “But what has happened over the past several years is the growth opportunity has gone from a nice piece of the business to a major part of our growth strategy. We service a global marketplace. Our guests come from all around the world, and our guests travel all around the world. Essentially, a business like ours needs to be, or should be, everywhere.”

By establishing its presence early, Starwood has ensured that its international footprint eclipses that of its competiMCCA.COM

“we have local lawyers work with experienced U.S. attorneys to understand the specifics of working for a multinational company.”

Jason Cohen, Vice President and General Counsel, asia Pacific Starwood hotels and resorts

He has traveled extensively throughout the region on behalf of Starwood and is now based in Singapore, which is home to the company’s Asia Pacific headquarters. As a VP, Cohen focuses on growing his team of attorneys, which includes lawyers from Singapore, China, and India. His management style emphasizes cooperative leadership: The discipline that drives the U.S. attorneys makes its way into the international offices, and the indigenous lawyers provide local knowledge while serving as experts in their native countries.

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The Chengbao Hotel, in Dalian, Liaoning China, is set to open in January 2014.

“There’s a lot of communication that can be imparted through your facial expressions and your hand gestures. It’s a social nicety to meet in person—and it’s expected.”

W

Kristin Prohl, Vice President and General Counsel, Starwood Hotels and Resorts

“We do a lot of formal and informal training,” Cohen says. “We’re operating in more than 15 different countries in Asia, and each country has its own legal system, its own norms. We do an overview so our lawyers understand the country they’re working in and get a sense of whether their host country functions under common law or civil law, which allows us some generalization in terms of our approach. We also do a lot of on-the-job training for local lawyers. We have them work with different specialists in the United States to understand the specifics of working for a multinational company and to address the issues that have come up in the past and ways to troubleshoot going forward.”

In addition to learning all the legal ins and outs, U.S. attorneys working as part of Starwood’s international team also have to consider the subtle yet equally important cultural nuances when negotiating. Although English is often the default language for deals made abroad, small gestures such as greeting fellow attorneys in their native tongue and making time for in-person business lunches can go a long way. “A large cultural difference for transactions in those areas of the world is that meetings are held in person, which meant a lot of travel so we could meet face-to-face,” says Kristen Prohl, a Starwood vice president and associate general counsel who spent two years in Brussels, which is where the company’s Europe, Africa, and Middle East office is located. “There’s JANUARY/FEBRUARY 2011

DIVERSITY & THE BAR®

a lot of communication that can be imparted through your facial expressions and your hand gestures. It’s a social nicety to meet in person—and it’s expected.”

Understanding the cultural politics is an imperative at Starwood. It provides an opportunity, Siegel notes, for staff attorneys to experience the increasingly diverse nature of business firsthand. “Starwood’s notions of diversity begin to take on entirely different dynamics because we’re hiring indigenous people in their own regions and linking them with American trainees to get the best of both worlds,” he said.

As the company looks to increase its long-established lead in Asia, its sights are set firmly on the future. Investing early may have given the company an advantage, but Siegel says the new global economy has made one thing certain: Success favors those who are bullish about their growth prospects. And with experts predicting that 70 percent of the world’s growth over the next decade will come from fast-developing markets, it appears that Starwood has positioned itself to be at the right place at just the right time.

“We see the future, and Asia is going to play a very big part in it,” Siegel says. “We need to be in Asia to grow, to prosper— really to be competitive. And we’re taking advantage of the fact that we started out there before everyone else, and we’re using that to essentially go from strength to strength. If you held up a map of the world and threw a dart, the odds are there is a Starwood property there or there will be.” D&B MCCA.COM

The Sheraton dameisha Resort in Shenzhen, China, offers great ocean views of dapeng Bay.

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We’ve been a pacesetting firm for more than 90 years running.

Heidi Dare, Associate Attorney John Haugen, Associate Attorney Robert Summers, Associate Attorney What gives us the stamina to maintain our practice as a leading, pacesetting firm in intellectual property? Our attorneys. Varied in interests, diverse in backgrounds, Brinks’ 170 attorneys and scientific advisors are a true team. The camaraderie is apparent, the informality real, and the peer support remarkable. Come, be yourself – and be your best – at a premier intellectual property law firm with bigname clients and exciting challenges. You’ll find our shareholders’ doors wide-open and values such as balance and inclusiveness demonstrated at all times.

Visit us at www.brinkshofer.com

Being ourselves.

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MCCA.COM

BY TOM CALARCO

MCCA.COM

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DIVERSITY & THE BAR®

e is among the neglected heroes of American history. A pioneer of civil rights, Robert Morris was the second African American to gain admission to a state bar in the United States; in his case, Massachusetts, where he laid the foundation for equality.

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“Let us be bold, if any man flies from slavery and comes among us,” he said in 1858 at an antislavery rally in abolitionist New Bedford, Massachusetts. “When he’s reached us, we’ll say, he’s gone far enough. If any comes here to New Bedford, and they try to take him away, you telegraph to us in Boston, and we’ll come down, three hundred strong, and stay with you; and we won’t go, until he’s safe.”1 Morris, whose heroes included slave rebels Denmark Vesey and Nat turner, was only 35 years old when he spoke those defiant words, but his legacy was already firmly established. In 1848, he became the first African-American lawyer to win a jury trial. He later led the Shadrach Minkins rescue effort—one of the antebellum period’s most daring fugitive slave rescues—and had represented fouryear-old Sarah Roberts, together with acclaimed abolition attorney Charles Sumner, in the historic Roberts v. Boston Public Schools2 integration case.

two years later, in 1836, Boston abolitionist Ellis Gray Loring came to dine at the King family’s Thanksgiving dinner. The blue-blooded Harvard graduate was so impressed

by Morris that, the next day, he transported the teenager to Boston, where Morris became his family’s house servant.

Loring was one of the founders of the New England Anti-Slavery Society and had represented a six-year-old slave girl who had been brought into the free state of Massachusetts. The case resulted in a landmark decision protecting the rights of free blacks because it concluded that a slave was free the moment he or she set foot in a free state.

Morris proved to be such a capable house attendant that when a young scrivener at Loring’s law office failed to meet expectations, Loring decided to add the copyist’s duties to Morris’ household chores. One day, Loring surprised the youth with a life-changing proposition. “Robert, you are capable of making something of yourself,” Loring said. “Now I want you to tell me what you want to do. … Do you wish to learn a trade, or do you wish to study law?”3 Morris chose the law, and thereafter he and Loring, who did not have children, regularly went to court together. One newspaper commented that the two appeared like father and son. Morris became an active member of the antislavery movement and Boston’s black community. He joined the Young Men’s Literary Society—a black organization dedicated to educating young blacks—and joined the New England Freedom Association, a black forerunner of the later, famous Boston Vigilance Committee, the city’s Underground Railroad organization. Morris also joined in the civil rights efforts led

by John Hilton, a Revolutionary War veteran, and William Nell, an associate of William Lloyd Garrison.

“There was something in the courtroom that made me feel like a giant. [It] was filled with colored people and I could see, expressed on the faces of every one of them, a wish I might succeed.” –Robert Morris Born in Salem, Massachusetts, the grandson of a slave, Morris inherited the pleasing personality of his father, Yorkshire, a popular waiter and leader of that city’s black community. Only 11 years old when his father died, young Morris began waiting tables and became the favorite of the local lawyers. One of them, John King, hired him to be his house servant.

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MCCA.COM

Among the pressing issues of the day was the repeal of miscegenation laws banning marriage between blacks and whites, and the desegregation of public transportation and the public schools. Morris had begun confronting the city’s Jim Crow laws by sitting where he was prohibited, buying tickets to white-only theaters, or attending white churches, forcing the authorities to eject him so that whites could witness the ugly face of prejudice.

Shortly after his admittance to the Massachusetts bar in 1847, Morris was asked to represent a black laborer in a dispute with his white employer. At the time, Morris was one of only two black lawyers in the nation. There were roughly 24,000 attorneys in the country at that time.

“I thought of the mighty odds against which I had to contend,” Morris later said. Nonetheless, he vowed to “prove myself to be a man and a gentleman, and succeed in the practice of law, or I would die.”

The significance of the case was not lost on observers.

Prior to the trial, The Liberator commented that many could “rejoice that it fell to the lot of someone so well fitted to MCCA.COM

make the first experiment.” Though only 24, Morris had been well trained and was an “assertive and aggressive” individual who did not shy from confrontation.

“There was something in the courtroom that made me feel like a giant,” Morris later wrote about that day. “[It] was filled with colored people and I could see, expressed on the faces of every one of them, a wish that I might win.” When the jury ruled in favor of the plaintiff, Morris said that his heart pounded. “My people in the courtroom acted as if they would shout for joy.”

Morris’s stature rose overnight, and by the time the second Fugitive Slave Law passed on Sept. 20, 1850, he was a leader in the Boston black community. A stronger version of the Fugitive law passed in 1793. It not only increased penalties for aiding fugitive slaves, but made it easier for slaveholders to reclaim those who had fled. Perhaps most abhorrent to the North was that the law compelled all citizens to assist in the apprehension of fugitive slaves or be subject to prosecution.

In conjunction with the law’s passage, the federal government promised increased vigilance in the apprehension of fugitive slaves. Within a month, attempts were made to capture celebrated fugitive slaves such as: Henry “Box” Brown, who had escaped to freedom in a box from Richmond, Virginia; and William and Ellen Craft, the Georgia couple who had escaped by disguising fair-skinned Ellen as the young male owner of her husband. The government’s commitment to capturing fugitives caused panic among the newly freed blacks, resulting in a mass exodus of many to Canada. two weeks later, a widely advertised meeting was called at Boston’s Faneuil Hall. A huge crowd listened to resolutions to aid and protect all fugitive slaves, and use any and all means to resist the new law. A special committee, the Boston Vigilance Committee, was appointed to protect those whose freedom was jeopardized. It started with 50 men and eventually grew to 209.

Morris went on to play a critical role in the daring and successful rescue of Virginia fugitive Shadrach Minkins. Three days after Minkins’ rescue, President Millard Fillmore issued a special proclamation calling for the prosecution of those involved in the rescue. With the assistance of the Vigilance Committee’s able lawyers and sympathetic jurors, neither Morris nor any of the others were found guilty. As triumphant as he was in the Minkins rescue, Morris made his greatest contribution to civil JANUARY/FEBRUARY 2011

DIVERSITY & THE BAR®

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rights through his role in the Sarah Roberts school integration case.

Roberts had been prohibited from attending a white public school that was considerably closer to her home than the segregated black school provided by the public school system. Roberts came from a family of black activists: her grandfather had published books, and her father was a writer who had published a shortlived black newspaper.

Her father had somehow successfully enrolled her in one of the white schools but when the authorities discovered this, they sent police to remove her.

Morris represented the girl in court, but the suit was denied by the Suffolk County Court of Pleas. An abolitionist judge, who had been appointed to the state supreme court, advised Morris to make an appeal. Charles Sumner, a close friend of Loring and a future U.S. Senator, was asked to join the plaintiff’s legal team. At the time, Morris was less than two years removed from passing his bar exam and despite his confidence, he recognized that presenting a case before the state’s highest court—whose chief justice at that time, Lemuel Shaw, was among the most intimidating and influential state judges in American history—was no small task. The Roberts case brought together what is believed to have been the first interracial legal team to argue a brief.

Morris framed the facts of the case for the court and Sumner followed with the legal and philosophical underpinnings of their argument. For Sumner, it boiled down to the issue of “equality before the law,” a term which had earlier been used by Loring during a state committee hearing on segregation in public transportation, and with which JANUARY/FEBRUARY 2011

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Morris was undoubtedly familiar.

Shaw’s decision, while agreeing with the axiom of equality before the law, presented a convoluted argument that resulted in the legal doctrine of “separate but equal.” The Boston Public Schools had the right to segregate the schools, he concluded, so long as they provided equivalent facilities to blacks.

Nevertheless, segregation of the Boston Public Schools ended in 1855 after a recommendation by the city government.

The Roberts Case was later used as the foundation for the separate but equal doctrine in the U.S. Supreme Court decision, Plessy v. Ferguson, which upheld the practice of Jim Crow. That ruling was not overturned until the 1954 Supreme Court Brown v. Board of Education decision.

Thurgood Marshall, who argued for Brown, used many of the arguments presented by Sumner and Morris in the Roberts Case to win his landmark case.

During the Civil War, Morris was instrumental in recruiting black soldiers for the Union army. Afterwards, he became prosperous by representing the railroad industry. Morris died in 1882 at the age of 59, a man whose boldness in the face of injustice continues to reverberate. d&B Kendrick, Stephen, and Paul Kendrick. Sarah’s Long Walk: the Free Blacks of Boston and How Their Struggle for Equality Changed America. Boston: Beacon, 2004. Print.

2 Roberts v. Boston, 59 Mass. (5 Cush.) 198 (1850).

3 Kendrick, Stephen, and Paul Kendrick. Sarah’s Long Walk: the Free Blacks of Boston and How Their Struggle for Equality Changed America. Boston: Beacon, 2004. Print.

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MCCA.COM

NAPABA’s

Best Lawyers Under

40

NAPABA’s 2010 Honorees Share the Inspirational Stories of Their Road to Success

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BY PAtSY Y. MICALE AND MICHELLE K. SUGIHARA

The National Asian Pacific American Bar Association (NAPABA) recognized 20 of the nation’s most talented and accomplished lawyers under 40 at its 22nd annual national convention in Los Angeles last November. The convention’s theme was “Inspire,” and the stories of the 2010 class of Best Lawyers Under 40 (BU40) are nothing short of inspirational.

This distinguished group of Asian Pacific American (APA) attorneys is comprised of small and large law firm attorneys, in-house counsel, public interest attorneys, government attorneys, and a recently appointed magistrate judge.

“We are proud of NAPABA’s Best Under 40 award winners, as not only they have demonstrated a strong commitment to community and professional affairs, they are amongst the best young lawyers in the country,” proclaims Paul O. Hirose, of counsel at Perkins Coie and president of NAPABA. Jim Goh, a partner at Holland & Hart LLP and chair of NAPABA’s BU40 selection committee, agrees.

“These individuals are prominent in their chosen field of legal endeavor. They have tried and won major cases; they have handled complex deals; they have received coveted judicial appointments; and they have shown a clear comJANUARY/FEBRUARY 2011

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mitment to community and public service, particularly for the APA community—and they have done all of this at a relatively early stage in their careers.”

INSPIRATIONAL BEGINNINGS Family and ethnic background influenced several of this year’s honorees to pursue their careers in law. Raj Natarajan, a partner at McGuireWoods LLP, was inspired to become the next lawyer in his family when he learned that his greatgrandfather, who was a freedom fighter, civil court judge, and leader in the Indian National Congress in the 1890s, was the last lawyer in the family. Similarly, Ash Mishra, Senior Legal Counsel with General Mills, Inc., decided to become an attorney after a summer trip to his village in India. “On one of those trips, I recall a policeman slapping a rickshaw driver after [he] had an accident with a car. I witnessed the entire event and did not think that the rickshaw had been at fault. From my vantage point, the policeman was punishing the driver (lower caste) because he was trying to appease the owner of the car (upper caste). This triggered an early interest in all things related to international human rights and the MCCA.COM

ences in their careers, much of which involved pro bono services and activities.

Bijal Vakil recalls, “I was on a team of lawyers from several law firms that submitted an amicus brief to the California Supreme Court on behalf of the successful parties in the consolidated Marriage Cases. We were engaged by a professor at the University of Pennsylvania Law School to author briefs in support of those people who were denied the right to marry someone of the same sex. This followed the Appellate Court’s decision to invalidate the City of San Francisco’s law permitting same-sex Prominent non-stereotyPical roles. marriages. I felt such a strong sense of for examPle, We need an aPa in the White injustice that I had to get involved— when one group is persecuted, it opens house.” – michael lee the door to further persecution of other groups and individuals, and I couldn’t significant racial divide, they weren’t afforded the opportustand by and allow that to happen.” nity to practice law at the same level as English lawyers.”

Kevin Chung, director of corporate compliance/employSome family encouragement into the legal field was not so ment law at Sony Computer Entertainment America subtle. Alice Wong, corporate counsel for Nordstrom, shares, (PlayStation), finds that coaching the mock trial team at South “The idea to become a lawyer was planted by my parents when San Francisco High School is especially fulfilling. “I can see I was in third grade: ‘Alice, you will be the lawyer in our family.’ how badly the students want to learn about the law, and they I pursued my education with this end-goal in mind, not closing count on me to teach it to them. Much like me, these kids any other options that may have arisen. As it turned out, the law come from modest backgrounds and don’t know many, if any, courses I took in college piqued my interest, and I continued on lawyers. Last year, the team surpassed everyone’s expectations the path. I’m glad I did, because I love my work.” (except their own) and made it to the county finals. Regardless, these kids will always be winners in my book.”

INSPIRATIONAL WORK For Patsy Yung Micale, associate counsel for the U.S. Many of this year’s awardees share Wong’s love for the law Department of Homeland Security, Citizenship and and enthusiastically recounted their most rewarding experiImmigration Services, her most memorable moments include potential power of the law to deliver a modicum of integrity to those that can’t find it anywhere else.”

Bijal Vakil, the executive partner in charge of White & Case’s Silicon Valley office, states, “My decision to become a lawyer was a combination of destiny (my last name literally means “lawyer”) and my familial background. My greatgrandparents were trained as lawyers in India, but given the

“ We should continue to find Ways to get more aPas in

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advocating on behalf of her pro bono clients while in private practice. “I frequently run into former clients at the grocery store, restaurants and around town, in Dallas and sometimes when I am visiting Houston. They thank me for assisting them through the immigration process and giving them opportunities, such as joining the U.S. military, obtaining a U.S. education for themselves and also for their children, being able to earn enough to feed their families and, for some, becoming successful professionals and entrepreneurs.

It’s such an amazing feeling to have contributed to their ability to achieve a better life for themselves and their families in our great nation and realize the American dream.”

Amardeep Singh turned his passion for law and civil rights into a career by co-founding the Sikh Coalition, the largest Sikh civil rights organization in the United States.

He has represented dozens of Sikh victims of airport profiling, employment discrimination, and hate crimes since the organization’s inception after 9/11.

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FACING THE FUTURE When asked about the APA issue which concerned them the most, this year’s honorees consistently cited the disproportionate representation of APAs in leadership roles within the government and large firms. Aney Chandy, senior labor and employment counsel at toys “R” Us, Inc., said, “Despite the fact that APAs represent one of the fastest growing minority communities in the state of New Jersey and in the country, APAs continue to be under-represented in the executive, legislative, and judicial leadership in New Jersey and across the United States. This lack of leadership affects our ability to have a meaningful voice on so many

cians and business folks to push through elected officials and appointments.”

Michael Lee, founding partner of Pamir Law Group, notes that he sees an America that is much more accepting of diversity than when he was growing up, but echoes the concern that APA representation at the leadership level is an ongoing struggle. “We should continue to find ways to get more APAs in prominent non-stereotypical roles. NAPABA has played a role with its campaign to get more APA judges elected. television shows and movies are increasingly putting APAs in non-stereotypical roles. These are all good things, but a lot still needs to be done. For example, we need an APA in the White House.”

As if to answer the call, this year’s honoree Paul Grewal was sworn in on October 1, 2010, as a United States magistrate judge for the Northern District of California. Grewal is only the second sitting South Asian federal magistrate judge in the United States.

Honorees further expressed the need for APA leadership in the private sector as well. Christian Na, deputy general counsel of CIRCOR International, Inc., reflects that “With respect to the legal field, growing the number of managing APA partners at law firms is critical. I would propose that APA in-house attorneys find more meaningful ways to engage and support APA law firm partners and, equally important, for those APA law firm partners to mentor and support APA associates to rise through the ranks of their law firms.”

MENTORING AND ADVICE TO NEW ATTORNEYS This year’s honorees all stress the importance of both having and being mentors. tanya Bovée, a partner at Jackson Lewis LLP, states, “I have been very lucky to find wonderful mentors. I think that anyone can be a mentor regardless of background, profession, and common interest. It’s amazing what anyone can be a mentor regardless of we can all learn from others.”

As for advice to new attorneys, background, Profession, and common Nina Wang, a partner at Faegre & interest. it’s amazing What We can from Benson LLP, encourages new attorneys others.” –tanya bovée to “work hard, learn your craft, and don’t forget to laugh at yourself.” Alice Wong reminds new attorneys to “stay issues that impact the APA community, such as immigrapositive” and remember that “things happen for a reason.” Emi tion reform, hate crimes, etc.”

Gusukuma, an attorney at Haas & Najarian, says, “Get out of Clinton Foy, general counsel, vice president of legal and your comfort zone. Do things that scare you. Be open-minded. business affairs, and corporate secretary for Square Enix, Early in your career, everything is a learning experience.”

Inc., Square Pictures, and Square Enix America Holdings, Eugene Lee, the voting rights project director at the Inc., concurs. “We have a severe shortage of Asian American Asian Pacific American Legal Center (APALC) in Los federal district court and appellate court judges. We need to Angeles, reminds young attorneys, “Right from the outset work on the pipeline of law students, lawyers, judges, politiof one’s career, it’s important to establish and maintain a

“ i have been very lucky to find Wonderful mentors. i think

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balance between succeeding at work and having a fulfilling personal life.”

WORK HARD, PLAY HARD These attorneys not only work hard, but they also find time to enjoy their lives outside of the office. Many of them can be found spending time with their families. Al Li states, “Going in-house has been wonderful for my quality of life balance, because frankly, family is so important in the Asian culture. I enjoy being able to find the time to coach my son’s soccer team, stay physically active, and enjoy time on nights and weekends with my three young kids—playing sports, being outdoors, and doing the little things in life we take for granted.” Likewise, Raj Natarajan shares that with a two-year-old and two-week-old twins, Yo Gabba Gabba and kids’ birthday parties fill his timecard.

Several of the awardees exhibit their talents in the arts as a means to escape the rigors of law practice. Deborah Hong,

a partner at Stradley Ronon Stevens & Young, LLP, is a classically trained musician in piano, violin, and voice, with a background in Korean traditional dance, and thus focuses much of her free time on classical arts.

Cyndie M. Chang, a senior associate at Duane Morris, and Michelle K. Sugihara, a senior associate at Luce, Forward, Hamilton & Scripps LLP, are improv actors with Cold tofu, the nation’s premiere Asian American improv comedy troupe.

Additionally, Chang plays on a community UStA tennis team, and Sugihara is a filmmaker who focuses on APA stories and supports the positive portrayals of APAs in the media. d&B Patsy Y. Micale currently holds the position of Associate Counsel, Central Law Division, for the U.S. Department of Homeland Security, Citizenship and Immigration Services. Michelle K. Sugihara practices business and real estate litigation at Luce, Forward, Hamilton & Scripps LLP. Both Patsy and Michelle are members of NAPABA’s Best Lawyers Under 40 Class of 2010.

Profiles

NAPABA’s Best Lawyers Under 40

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TANYA A. BOvéE is a Partner at Jackson Lewis LLP in Hartford, Connecticut. Tanya represents management in employment litigation and counsels employers on matters such as investigations, disability accommodation, and affirmative action.

Tanya is on the board of the Connecticut Asian Pacific American TANYA A. BOvéE Bar Association and is a past president. She is involved with a number of organizations and is the co-chair of CAPABA’s mentor program and NAPABA’s Labor and Employment Committee. Tanya is also the co-chair of Jackson Lewis’ Asian American Resource Group and the Pro Bono Coordinator for the firm’s Hartford office. Tanya is also our Class Whip.

CYNDIE CHANG, of Duane Morris, litigates complex business disputes involving trademark, trade secrets, insurance, products liabilities, and real estate, and has achieved trial and arbitration successes. Cyndie is the Southern California Chinese Lawyers Association VP and NAPABA Regional Governor for LA. She is on the board CYNDIE CHANG of the Asian Pacific American Bar Association of LA and the Asian Pacific Community Fund, serving 30 nonprofits. Cyndie is Vice-Chair of the ABA-TIPS Business Litigation Committee, her office Pro Bono Coordinator, and a Southern California Super Lawyers “Rising Star.” She graduated from Johns Hopkins University with honors and Loyola Law School.

ANEY CHANDY currently serves as Senior Labor & Employment Counsel at Toys “R” Us, Inc. Prior to this, Aney was appointed by Mayor Cory Booker to serve as Corporation Counsel for the City of Newark, NJ. Aney also served in the NJ Attorney General’s Office as the Assistant Attorney General in Charge of the Civil Rights ANEY CHANDY Litigation team and in the Executive Office of the AG as a liaison to numerous divisions. During her tenure at Skadden Arps, she practiced labor/employment law while also serving as pro bono counsel in numerous matters. Aney is President of APALA-NJ.

KEvIN CHuNG is Director, Corporate Compliance/Employment Law at Sony Computer Entertainment America (PlayStation). Kevin was Senior Counsel/Director of Litigation/ Employment at VMware, and an attorney at Littler Mendelson and Heller Ehrman.

He co-chairs the Litigation Committee of the Association of Corporate Counsel’s KEvIN CHuNG Bay Area Chapter, and has held leadership positions in the National Asian Pacific American Bar Association and the Asian American Bar Association of the Greater Bay Area.

Kevin’s community service includes coaching high school mock trials and mentoring students. Kevin graduated from the UCLA School of Law (J.D.) and Stanford University (B.A., Honors and Distinction; M.A.).

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CLINTON FOY is the General Counsel, VP of Legal & Business Affairs, and Corporate Secretary for Square Enix, Inc., Square Pictures, and Square Enix America Holdings, Inc. Clinton oversees all Square Enix legal and business operations in North America and South America. Clinton has a B.A. from the University of Notre Dame, an CLINTON FOY M.A. from Stanford University, and a J.D. from the University of Washington School of Law. Clinton is a board member of the Asian Pacific Community Fund (APCF), the former president of the Asian Bar Association of Washington, and is a strong supporter of pro bono legal services and diversity.

EuGENE LEE is the Voting Rights Project Director at the Asian Pacific American Legal Center (APALC) in Los Angeles and a member of Asian American Center for Advancing Justice. Eugene directs APALC’s work on voter protection, Voting Rights Act compliance, and ballot access policy. He chairs several community advisory bodies of county EuGENE LEE election offices in Southern California and served on the California Secretary of State’s Help America Vote Act State Plan Advisory Committee. Eugene is a graduate of Duke University and Columbia Law School. Immediately after law school, he practiced with Gibson, Dunn & Crutcher LLP in New York.

MAGISTRATE JuDGE PAuL S. GREWAL was appointed in 2010 to the United States District Court for the Northern District of California. He received his B.S. from MIT and his law degree from the University of Chicago, and previously served as a federal law clerk to the Honorable Sam H. Bell and the Honorable Arthur J. Gajarsa. Judge PAuL S. GREWAL Grewal was also a former partner at Howrey LLP, where his practice focused on intellectual property litigation, particularly patent trials and appeals. He is a former President of the South Asian Bar of Northern California and the North American South Asian Bar Association.

MICHAEL D. LEE is a founding partner of Pamir Law Group, splitting time between its Taipei and Shanghai offices.

Michael started his practice in the Silicon Valley before moving to Taiwan in 1999. Michael facilitates international corporate transactions for multinational companies throughout Greater China, including mergers and acquisitions, MICHAEL D. LEE corporate structuring, technology licensing, venture capital transactions, and aircraft finance. Fluent in English and Chinese (written and spoken Mandarin, Cantonese, Taiwanese), Michael helps clients bridge tough linguistic and cultural business and legal issues every day. Michael serves on NAPABA’s International Committee as well as other community and professional organizations.

EMI GuSuKuMA practices employment and commercial litigation at Haas & Najarian, and counsels clients on a variety of employment issues, including discipline and termination, complaints of harassment and discrimination, employee classification, and obligations under wage and hour laws.

Actively engaged in civil society, Emi EMI GuSuKuMA has been appointed to San Francisco’s Immigrant Rights Commission and Ethics Commission. Emi is an adjunct professor at UC Hastings, currently co-teaching “APAs & the Law”. She serves on a number of nonprofit boards, was elected to the Board of the Asian American Bar Association of the Greater Bay Area in 2006, and is now its Treasurer.

ALBERT J. LI is Senior Counsel, Latin America & Orthobiologics, at Zimmer Holdings, Inc., where he manages the legal and compliance affairs of Zimmer’s Latin American operations and Orthobiologics division. Albert was formerly a Senior Counsel at Abbott Laboratories and a corporate law partner at DLA Piper. He has held leadALBERT J. LI ership positions with the Dallas Bar Association, Dallas Asian American Bar Association, NALP Diversity Summit Planning Committee, Asian Pacific Interest Section of the State Bar of Texas, and Austin Asian American Bar Association. In 2009, Albert was honored with the Justice David Wellington Chew Award for his service in Texas.

DEBORAH HONG is a partner at Stradley Ronon Stevens & Young, LLP in Philadelphia, where she specializes in structured finance, mergers and acquisitions, and general corporate counseling. Deborah serves as a member of the Federal Reserve Bank of New York’s Task Force on Tri-Party Repo Infrastructure. Deborah is a DEBORAH HONG dedicated member of her community, and currently serves as President of the Asian Pacific American Bar Association of Pennsylvania, as a Commissioner for the Philadelphia Bar Association’s Commission on Judicial Selection and Retention, and as a member of the Board of Trustees for The Center for Literacy.

PATSY YuNG MICALE, an avid UT Longhorn, is an Associate Counsel for the U.S. Department of Homeland Security, Citizenship and Immigration Services, in Dallas, Texas. She is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and was selected as a Texas Super Lawyers® Rising Star PATSY YuNG MICALE

by Texas Monthly magazine. Patsy’s passion is volunteering in charitable and professional organizations.

For her services, Patsy previously received the Texas Young Lawyers Association President’s Award of Merit, the Houston Young Lawyer’s Association Outstanding Committee Chair Award, and the Dallas Junior Chamber of Commerce’s Outstanding Young Dallasite Award.

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ASH MISHRA serves as Senior Legal Counsel at General Mills. He is principal legal counsel for Latin America & South Africa. He has served as the President of NAPABA—Minnesota and is a member of its Board of Directors.

Ash graduated cum laude from Saint Olaf College and the University of Iowa College of Law where he was a member ASH MISHRA of the Iowa Law Review and editor of the Journal of Gender, Race and Justice. Ash was born in New Delhi and raised in India, the Philippines, and France. He speaks Hindi, French, English, and is improving his Spanish.

MICHELLE K. SuGIHARA is a senior associate at Luce, Forward, Hamilton & Scripps LLP, where she specializes in business and real estate litigation, as well as real estate and entertainment transactional deals. Michelle serves on Luce Forward’s Associates’ Committee, Diversity Committee, Pro MICHELLE K. SuGIHARA Bono Committee, and Philanthropy Committee. Michelle provides pro bono legal services to Public Counsel and The Alliance for Children’s Rights.

Additionally, Michelle is a special prosecutor for the City of Burbank.

Michelle is a board member of the Japanese American Bar Association (JABA), Treasurer of the Asian Pacific American Bar Association of LA, and founding member/VP of the JABA Educational Foundation.

CHRISTIAN NA is Deputy General Counsel of CIRCOR International, Inc., where he manages the day-to-day legal affairs of the company and its subsidiaries worldwide. He also previously held the positions of Group Vice President & General Counsel at a $1B division of Danaher Corporation, and General Counsel and Corporate Secretary for CHRISTIAN NA the U.S. subsidiary of Mitel Networks Corporation. Prior to in-house practice, Christian worked at law firms in Washington D.C. and started his career as Assistant Corporation Counsel for the City of Boston. He also served as part-time Adjunct Professor at George Washington University, Elliott School of International Affairs.

BIJAL v. vAKIL is the Executive Partner in Charge of White & Case’s Silicon Valley office. His practice focuses on intellectual property litigation, strategic counseling, and technology licensing.

He has litigated intellectual property cases in numerous district courts, the International Trade Commission, and before the Federal Circuit. Bijal has litiBIJAL v. vAKIL gated patent cases involving a variety of technologies, including plasma television, digital and analog integrated circuits, semiconductor manufacturing, software, computer systems, consumer electronics, and telecommunications. He also represents clients in patent negotiations and licensing.

RAJ NATARAJAN is a partner with McGuireWoods LLP’s Debt Finance Department in Charlotte. He has negotiated and documented numerous syndicated, club and bilateral credit facilities with specific emphasis in middle market health care transactions. Throughout his career, he has found ways to give back to the Asian community, charitably RAJ NATARAJAN through Raksha, Inc., professionally through the Network of Indian Professionals, and within the legal community through the IndusBar of Georgia. Raj is a fellow of the American Bar Foundation and was recognized by the Atlanta Business Chronicle in 2006 as one of their “40 Under 40—Up and Comers.”

NINA WANG focuses her practice on intellectual property litigation and advising clients on intellectual property issues, with a particular emphasis on patent litigation. Nina’s experience includes serving as counsel in cases involving a wide breadth of technology, including trading software, biochemistry assays, medical devices, and wireless NINA WANG internet devices. Prior to coming to Faegre & Benson, Nina served as an Assistant United States Attorney for the District of Colorado and as a law clerk to the Honorable Peter J. Messitte of the United States District Court for the District of Maryland. From 2008-09, Nina served as the President of APABA Colorado.

AMARDEEP SINGH is the co-founder of the Sikh Coalition, the largest Sikh civil rights organization in the U.S. He currently serves as Director of Programs and oversees the Coalition’s use of litigation, advocacy, community organizing, and strategic communications to advance social justice goals. Along with Department of Homeland Security AMARDEEP SINGH officials, he helped to formulate guidelines governing the searches of Sikh passengers in U.S. airports.

Mr. Singh currently sits on the Board of Trustees of the South Asian Bar Association of New York and was recently appointed by President Obama to the White House Commission on Asian Americans and Pacific Islanders.

ALICE WONG serves as corporate counsel for Nordstrom, primarily supporting the Real Estate Group. She is a co-founder and past president of the Vietnamese American Bar Association of Washington, and she has served on the Asian Bar Association of Washington board for eight years in various capacities, including President ALICE WONG in 2007. In the past four years, she has served on the National Asian Pacific American Bar Association board.

Alice was born and raised in Seattle. In her spare time, if she is not chasing her toddler around, she likes to work on expanding her shoe and handbag collection.

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MCCA AnnounCes

3 1 0 2 , Jr . n o s n h o J .

M d y o LL ntS S c h o l a r S h ip r e c ip ie

The benefiTs of MosT sCholArships Are sTrAighTforwArd—They AlleviATe The finAnCiAl burden plACed on sTudenTs. buT soMe sCholArships go furTher.

M

by JoshUa h. shields

C CA’s Lloyd M. Johnson, Jr. is one scholarship that is measured by more than money. Graduates continue to experience the scholarship’s advantages long after they have walked across the graduation podium, secured jobs, and begun to practice law.

“You’re going to be applying to [the MCCA] family, and it’s like a support group that moves you along; that’s the idea.

Not only in school, but in your career, and as I realized that I understood its true value,” says Gueter Aurelien, a Microsoft Corporation fellow at University of Miami School of Law. “It is absolutely priceless to have access to people who know so much and can make such a difference in your life.”

The Lloyd M. Johnson, Jr. Scholarship Program awards fellowships and scholarships to aspiring attorneys with strong academic records who come from disadvantaged

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backgrounds and have a passion for diversity issues.

MCCA’s goal is to help produce a diverse group of young lawyers who are prepared to lead and reshape the profession.

The 2013 class comprises 15 students studying law at some of the nation’s best schools. Gerron McKnight, a former MCCA scholar and lawyer for Frost Brown todd LCC, graduated from Indiana University School of Law in 2008 (now Maurer School of Law) and says IU students feel proud that MCCA provides scholarships to study there because it places Mauer in the ranks of the nation’s top law schools. McKnight, who works in Cincinnati, is pleased to see diverse students study in the nation’s heartland.

He has only been practicing law for two years but feels the MCCA connections are already paying off. He attended the MCCA’s Pathways conference in November 2010 in New York City and happened to sit next to an in-house counsel for a company his colleague bills. After exchanging cards and pleasantries, they went their separate ways.

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Weeks later, someone at the firm desperately needed to The scholarship program began in 2005 with the supget a document to someone at the company of the attorney port of some of America’s most admired companies and law he’d met at Pathways. “I called her up and explained the firms. It is named for MCCA’s founder. situation and apologized for bothering her. She said, ‘No, Through the Lloyd M. Johnson, Jr. Scholarship Program, don’t apologize! This is what making contacts is all about!’

MCCA has committed more than $270,000 to its sixth class As a young attorney, it was huge to be able to make that of students, and almost $1.5 million over the life of the scholconnection,” McKnight says. arship program. Four fellows will receive $10,000 per year for Networking opportunities available to Johnson each of their three years of law school, and 11 students will Scholarship recipients aren’t limited to MCCA events. receive a scholarship award of $10,000 for their first year. All tarik Gause, a Georgetown graduate and new attorney students receive ongoing professional development support, for K&L Gates, was a DuPont scholar and was invited to including the opportunity to participate in a paid internship the company’s headquarters in Delaware while he was a in a leading corporate law department. In addition, dependlaw student. “I still feel very much a part of the DuPont ing upon their academic performance, scholars may be family. They have gone above and beyond. I’m still going eligible for additional monetary awards. to MCCA’s events and I have a very close relationship with The financial help is a lifesaver for some students. “I’m in tom Sager (senior vice president and general counsel for law school,” says Aurelien, who is also a single mother. “I have DuPont). He is a really great guy, and also Hinton Lucas (vice president and assistant general counsel), and several of the other people who are in the DuPont legal department,” he PeoPle – i Would definitely do that. having says. “If I had to go back and the mentors and netWorking has been the trade the money for knowing greatest reWard.” –tarik gause the people—I would definitely do that. Having the mentors and networking has been the greatest reward.” bills galore so when I got the scholarship, I mean, as soon Gause’s experience is not unique among Johnson as I got the scholarship, the very first thing I did was buy a Scholarship recipients. In her first year as a law student, laptop. I was going to law school without a laptop and I said, Aurelien, the Microsoft fellow, spoke with Mary Snapp, ‘Oh my, this is not going to work.’ So, it is a smaller thing, Microsoft’s corporate vice president and deputy general but hugely important. The scholarship really is a blessing.” counsel for legal and corporate affairs. “And they’ve These students—along with the companies and law firms invited me to interview with them for summer internthat sponsor them—embody the diverse perspectives and ships,” she adds. experiences that MCCA advocates in the legal profession.

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“if i had to go back and trade the money for knoWing the

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NicholAs MezA

doNAle evANs

WilliAM hudsoN

MAlcolM Wells

Day Pitney LLP Scholar Sandra Day O’Connor College of Law at Arizona State University

Wal-Mart Stores, Inc. Fellow Thurgood Marshall School of Law

Kilpatrick Stockton LLP Scholar Emory University School of Law

Nixon Peabody LLP Scholar Fordham Law School

Nicholas Meza graduated with a B.S. in Community Health Education and earned a Master’s in Public Health Policy and Management from the University of Arizona. He served as an EXPORT Fellow at the University of Arizona’s Center for Health Equality. His work with disparate populations in Mexico and the Southwest in the area of cancer prevention has inspired him to study the intersection between law, public policy, and public health. Mr. Meza plans to pursue a career in the field of health law, immigration law, or biotech intellectual property.

He is currently a student at the Sandra Day O’Connor College of Law at Arizona State University.

Donale Evans graduated from Prairie View A&M University in 2005 with a B.A. in Business Finance and a minor in Management Information Systems. Mr. Evans overcame numerous obstacles to become the first person in his family to attend college, as well as graduate school. His interest in law arose while he was employed in the Contracts & Pricing Department at The Boeing Company. Mr. Evans currently is a student at Thurgood Marshall School of Law. Mr. Evans is interested in providing counsel in areas of employment, corporate, and contract law, as well as serving as an example to people who come from similar circumstances.

William Hudson graduated with a B.A. in English from The University of Southern Mississippi in 2010. A native of Guatemala City, Guatemala, Mr. Hudson has been very involved in immigrant’s rights issues. As an undergraduate, Mr. Hudson was involved with The Luckyday Foundation Citizen Scholars Program, a scholarship program that emphasizes community service based learning and encourages lifelong civic engagement. He aspires to pursue a career in corporate or international law while volunteering his time to pro bono work benefitting underserved communities.

Mr. Hudson is a student at Emory University School of Law in Atlanta.

Malcolm Wells graduated from the University of Maryland with a B.S. in Computer Engineering in 2009. After graduating, Mr. Wells worked at Raytheon, as a software engineer, where he assisted in software development and maintenance of the NASA Earth Science Data and Information System. Mr. Wells is a student at Fordham Law School and he is interested in harnessing his engineering background to promote an ethical and technical presence within the evolution of intellectual property law. His interest in intellectual property was sparked by the intricate relationships between science, technology, and society.

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Kelsey eAtoN

tAcArA hArris

Gueter AurelieN

AdlAh chisti

Bartlitt Beck Herman Palenchar & Scott, LLP Scholar University of Arkansas School of Law

Arnold & Porter LLP Scholar Vanderbilt University Law School

Microsoft Corporation Fellow University of Miami School of Law

Serengeti Law Scholar University of California Hastings College of the Law

Kelsey Eaton graduated with a B.B.A. in Finance and a minor in Chinese in 2009 from Southern Methodist University. She spent the academic year of 20092010 volunteering for a local church, which gave her access to various nonprofit programs throughout Northwest Arkansas.

This experience compelled her to attend law school in an effort to aid the elimination of hunger within her community.

As a member of the Delaware Tribe of Indians she is aware of the impact of hunger on minority communities and is interested in creating a system to connect corporations with local nonprofits and increasing social responsibility. Ms. Eaton is currently a law student at the University of Arkansas School of Law.

TaCara Harris graduated summa cum laude with a B.A. in Sociology and a B.A. in Women’s and Gender Studies from Vanderbilt University. Growing up as an army brat, Ms. Harris has traveled through over half the United States, including a two-year residency in Alaska. Her diverse socio-cultural background has greatly shaped her perspectives of the world and helped her appreciate the rich dimensions of differences amongst individuals.

Currently pursuing her law degree at Vanderbilt University Law School, Ms. Harris is committed to selfless service and the advocacy of human rights. Ms. Harris hopes to practice in the field of health law by addressing legal issues surrounding health care disparities amongst underrepresented populations and discrimination within the health care system.

Gueter Aurelien graduated from Columbia University with a B.A. in Political Science. After graduation, Ms. Aurelien returned to her parent’s homeland of Haiti and established B.O.F. Paradise Academy, an elementary school that has educated over 1,100 leaders of Haiti’s future. Ms. Aurelien has recently earned a Masterss degree in Accounting from Florida Atlantic University, where she was inducted into Phi Kappa Phi. Through her various experiences both in the United States and abroad, she has developed a passion for the interaction of law and the progression of society. Ms. Aurelien is currently a law student at the University of Miami School of Law, and she is interested in international, corporate, and tax law. She is also a proud mother of two daughters, Solange and Lioness.

Adlah Chisti graduated with a Master’s degree in Education and graduated cum laude with a B.S. in Environmental Science and B.A. in Political Science, with minors in General Business and Legal Studies from the University of San Francisco. Born and raised in San Francisco of a Muslim and Indian background, Ms. Chisti became interested in bridging environmental with educational resources in urban communities. She has worked with the Aim High Headlands Environmental Home outdoor educational program for urban youth. Currently, she is a law student at the University of California, Hastings College of the Law and is interested in pursuing environmental and international business law.

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chANel lAttiMertiNGAN

it is absolutely Priceless to have access to PeoPle Who knoW so much.

– gueter aurelien 40

JAsoN sANchez

AdrieNNe de lA rosA

BrittNey WilliAMs

Boies, Schiller & Flexner LLP Scholar University of Pennsylvania School of Law

Zelle Hofmann Voelbel & Mason LLP Scholar University of Notre Dame Law School

Baker & McKenzie LLP Scholar University of California, Los Angeles School of Law

Chanel Lattimer-Tingan is currently a law student at the University of Pennsylvania School of Law. She is the first in her family to obtain a graduate degree and will be the first to receive a law degree. Ms. Lattimer-Tingan graduated cum laude from Princeton University with a B.A. in Sociology and a certificate in African-American studies and then earned her M.S. in Sports Management from the University of Tennessee. She plans to combine her legal education with her background and research in sports to pursue a career in intellectual property. Eventually Ms. Lattimer-Tingan hopes to serve as General Counsel for the U.S. Olympic Committee and create more opportunities for minority females to participate and work in sports. She is committed to continued community involvement through pro bono work and mentoring.

Adrienne de la Rosa graduated magna cum laude in 2003 from the University of Notre Dame with a B.B.A. in Marketing and Japanese and a certificate in International Business.

As a first-generation FilipinaAmerican, Ms. de la Rosa has been deeply committed to leading diversity initiatives in the university setting and throughout her roles in corporate America. Most recently, she served as a Board Member of the Pan Asian Waves Associate Resource Group at The Home Depot headquarters. Ms. de la Rosa has had the opportunity to live and work overseas, namely in Beijing, China, and Monterrey, Mexico. She would like to combine her world view, corporate sales and marketing experience, and legal education to carve her career in international corporate law. Ms. de la Rosa is a law student at Notre Dame Law School.

Brittney Williams is a student at the University of California, Los Angeles School of Law. In May of 2009, she graduated with honors from the University of Texas at Austin with a B.B.A. in Business Marketing and a B.S. in Communication Studies, with a concentration in Political Communication. Ms. Williams also studied abroad at the ESCP-EAP European School of Management in Paris, France, where she studied International Marketing. Ms. Williams is a native of Houston, Texas, where she was raised by her mother in a single-parent household.

As a youth, Ms. Williams often volunteered with her mother at the local recreation center in the neighborhood. Ms. Williams remains active in her community by tutoring and serving as a mentor to the underprivileged youth in the school systems in her community.

Jill Mitchell

BriAN lee

Atticus lee

Microsoft Corporation Fellow University of Texas at Austin School of Law

Microsoft Corporation Fellow University of Kansas School of Law

Robert Half Legal Scholar University of California, Los Angeles School of Law

TerpSys Scholar University of California, Davis School of Law

Jason Sanchez graduated magna cum laude from Abilene Christian University with a B.A. in Political Science.

Mr. Sanchez is the son of a Mexican immigrant as well as a first generation high school graduate, college graduate, and law student. After discovering a passion for international travel during a semester abroad, he hopes to work in the field of international law. Mr. Sanchez is a law student at the University of Texas at Austin School of Law.

Jill Mitchell graduated magna cum laude with a B.S. in Criminal Justice in 2010 from Wichita State University. After her mother passed away, her family struggled to make ends meet. She knew the path to a better life was to do well in school and pursue higher education. Even after being placed in an orphanage, two foster homes, and living on her own, she graduated as valedictorian of her high school class. During college she worked at a law firm in Wichita and her experience led her to pursue a career in law. Ms. Mitchell is a law student at the University of Kansas School of Law.

Bryan Lee graduated from Columbia University with a B.A. in East Asian Languages and Cultures. He speaks Korean, Mandarin Chinese, and Japanese. He is the first in his family to attend college and law school in the United States. Before attending law school, Mr. Lee worked on voting rights issues on behalf of Asian Americans. Mr. Lee is interested in pursuing a career in civil lights litigation and is currently a student at University of California, Los Angeles School of Law.

Atticus Lee graduated with a B.A. in Human Biology and a minor in English (Creative Writing emphasis) in June 2010 from Stanford University. Ms. Lee is a first-generation immigrant from Taiwan, where her grandmother fled to save her family from the combined persecution of foot-binding and the civil war in mainland China. Ms. Lee is vastly interested in the intersections of gay identity and Asian American perspectives, and one day hopes to practice law in the San Francisco Bay Area in advocacy of gay rights legislation.

She is currently a law student at the University of California, Davis School of Law.

JANUARY/FEBRUARY 2011

DIVERSITY & THE BAR®

MCCA.COM

with the support of

Invites you to attend the GCI Diversity Leadership Summit and enhance your CLE experience with unparalleled networking, superb business development opportunities and unique events that help to cultivate long-term professional relationships. The GCI supports the Lloyd M. Johnson Jr. Scholarship Program and MCCA’s pipeline efforts to assist diverse students and their pursuit of a career in law.

Make your CLE Experience Count!

For Sponsorships or Registration Information Visit www.mcca.com/golf or call Jennifer Chen at 202-739-5902

®

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Who is EljayJones!

REGISTER TODAY www.mcca.com

CLE EXPO

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MCCA 10th Annual CLE Expo | March 15-17, 2011 Chicago Marriott Downtown | Chicago, IL

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$'9,625< %2$5' Brian H. Benjet Vice President and Deputy General Counsel CIGNA Corporation

Lonnie L. Johnson Senior Director, Federal Relations Exxon Mobil Corporation

Wesley D. Bizzell Assistant General Counsel Altria Client Services Inc.

Nicholas N. Leach Chief Intellectual Property Counsel Chevron Corporation

Tami Jackson Buckner Director Federal Government Affairs Kraft Foods Inc. Vincent S. Carver Senior Attorney Legal Department American Airlines, Inc. Katy Choo Special Counsel General Electric Company John Dotson Vice President and General Counsel Chevron Energy Solutions Henry C. Fong Senior Corporate Counsel Employment Law Gap Inc. Althea E. Garvey Claims Regional Vice PresidentLA Claims Service & Marketing Group Chartis Insurance Michele S. Gatto Executive Vice President Corporate Services & Chief Legal Officer National Life Group Maxine Y. Graham Chief IP Counsel American Express Co. Anthony Greene Director Jamison Insurance Group Ani Gulati Chief Litigation Counsel General Mills, Inc. Horacio E. Gutierrez Vice President and Deputy General Counsel, Legal and Corporate Affairs Microsoft Corporation Grace H. Han Senior Counsel General Electric Company, GE Energy

Barrington G. Lopez Vice President and Area General Counsel Verizon Wireless Robert A. Marchman Executive Vice President Division of Enforcement and Risk Group NYSE Regulation Eileen McCarthy Director, Corporate Counsel JetBlue Airways Corporation Rafael Medina Managing Counsel Litigation Practice Group Global Labor & Employment Law McDonald’s Corporation Arden T. Phillips Assistant Corporate Secretary WGL Holdings, Inc. Mark E. Richardson III Vice President and Associate General Counsel GlaxoSmithKline Michael H. Spencer Associate General Counsel Corporate Affairs and Government Relations – Legal Walmart Stores, Inc. Tamika L. Tremaglio Office Managing Director Huron Consulting Group Carol J. Ward Vice President and Corporate Secretary Kraft Foods Inc. Cordelia Yoon Vice President, Risk Management PRERS Division Prudential Financial, Inc. David P. Young General Solicitor, Southern Region Law Department Union Pacific Railroad Co.

Joan E. Harris Senior Counsel Wells Fargo & Company

CLE EXPO

2011

Tired of the same old CLE conference experience?

Yeah, so are we! That’s why you’ll LOVE MCCA’s CLE Expo and its brand new, fun, fresh take on legal education. Join us for an unparalleled networking and educational experience. We promise it’s unlike any you have ever encountered!

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Corporate counsel continue to face new legal challenges resulting from the demands posed by an ever-expanding group of pressure points – from increasingly activist shareholders to zealous regulators, media watchdogs, internet pirates, litigious consumers, security threats, and a quick-to-judge globally-linked “court of public opinion.” It’s a lot to cope with for even the most astute attorney. Add to that the continued effects of a lagging economy, and management’s mandates to do more with less. All the while, you’re reminded of how important it is to tend to your own career and professional networks because so many of your colleagues have been displaced. It’s a daunting set of challenges.

Let us help you! MCCA understands the complex world in which you work – and we’ve developed educational sessions just for you! The 10th Annual CLE Expo was designed to provide YOU with the solutions you need to meet these challenges and send you home with the technological and substantive knowledge to address them, as well as lots of valuable professional contacts to expand your personal network. Now more than ever, MCCA’s CLE Expo is THE meeting to attend. Since its inception, the conference’s goal has been to build bridges of opportunity by bringing together the best and the brightest in the legal industry with a special emphasis on talented diverse attorneys!

And this is not just another CLE program. Get set to enjoy MCCA’s new take on the CLE conference experience.

NEW THIS YEAR, MCCA introduces an interactive and innovative approach to CLE programming. Join us to unravel the mysterious plight of Eljay Jones, in-house avatar and archetypical corporate counsel – as he traverses a multi-faceted, intellectual scavenger hunt. Eljay will lead you through a labyrinth of legal challenges that will literally keep you searching for clues and guessing what’s next. but beware! Conference attendees may be called upon to strategize with colleagues to advise Eljay on a recommended course of action. You’ll be able to benchmark right along with Eljay to identify the best practice solutions to a series of common dilemmas that all in-house counsel may face and for which all outside counsel may be called upon to advise. Various CLE sessions throughout the conference will address Eljay’s unfolding legal and ethical dilemmas, culminating with a closing luncheon session that brings Eljay’s plight to a dramatic conclusion at which you will join an esteemed panel in deciding his fate. The discussions, the strategizing, the intellectual challenges, and the fast-paced, problem-solving environment will offer a learning experience unlike any you’ve encountered. Prepare your strategy now while it’s still Eljay Jones’ problem, and not your corporate client’s.

The 2011 MCCA CLE Expo is a legal learning adventure that YOU WILL NOT WANT TO MISS!

&21)(5(1&( $*(1'$ TUESDAY, MARCH 15, 2011 6:00 9:00 PM

REGIONAL NETWORKING RECEPTION FORUM

WEDNESDAY, MARCH 16, 2011 7:00 8:30 AM

BREAKFAST & CONFERENCE REGISTRATION

8:30 10:00 AM

OPENING PLENARY SESSION - The Legal View: Head Honchos on Hot Topics

10:00 10:30 AM

BREAK GOVERNANCE & COMPLIANCE

10:30AM 12:00 PM

12:00 2:00 PM 2:00 3:30 PM

101.

Board Oversight on Risk: What is the Proper Scope?

INTELLECTUAL PROPERTY 201.

Patent Trolls & Other Monsters Driving the Patent Litigation Freight Train

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LITIGATION & INVESTIGATION

LABOR & EMPLOYMENT 301.

Employment Law After the Lilly Ledbetter Fair Pay Act: Many Aftershocks but No Seismic Shifts

102.

Strategies to Manage the Overregulation of Executive Compensation

202.

302.

Patents Post In re Bilski: Filling in the Blanks Left by the U.S. Supreme Court

Stemming the Rising Tide of SOX Whistleblower Retaliation Claims

5:30 7:00 PM

501.

601.

Disbarment Cocktail: 1 Drop of Thoughtless E-Mail Plus 2 Drops of Questionable Judgment

U.S. Supreme Court Docket & Its Growing Influence on Corporate Board Policies

EEOC Enforcement: The “Worker First”Sheriff Is Looking for Outlaws

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ENFORCEMENT TRENDS

2011

LUNCH PROGRAM - From General Counsel to the Executive Suite

10

3:30 4:00 PM

MANAGING TECHNOLOGY & TRANSACTIONS

502.

False Claims Act Litigation: Growing Faster Than a Speeding Bullet

Cloud Computing & New Business Models That Test Your Contract Drafting Skills: Will You Earn A Passing Grade?

2011

602.

The Dodd-Frank Act & the Expansion of SEC Enforcement Powers

BREAK 103.

Shareholder Outreach: Understanding Shareholder Concerns Before the Annual Meeting

203.

IP Portfolio Metrics Simplified for Senior Executives: Microsoft Case Study

303.

Healthcare Reform Simplified: Liability Issues for Companies Outside the Healthcare Industry

403.

503.

New DOJ Sentencing Guidelines: Will Increased Clarity Translate to More Effective Compliance?

Consumer Financial Protection Bureau: Omnipotent Savior or Regulatory Morass?

603.

FCPA Enforcement, the Sequel: Raids, Special Ops, & Undercover Moles at Your Doorstep

NETWORKING RECEPTION

THURSDAY, MARCH 17, 2011 7:00 8:30 AM 8:30 10:00 AM

10:00 10:30 AM 10:30AM 12:00 PM

BREAKFAST 104.

Global Anti Corruption Enforcement: The Race to One Up the U.S.

204.

When Online Innovation & Creative End Users Lead, More Copyright & Trademark Litigation Will Follow

304.

Social Media & the Workforce: Should You Terminate for Tweeting?

404.

Four Major Crises Before Noon & then a Senior Executive in Mexico Is Kidnapped!

504.

Leveraging Technology on a Small Budget

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604.

White Collar Securities Enforcement: Will New “Opportunities to Cooperate” Confuse or Clarify Your Settlement Options?

BREAK 105.

Enterprise Risk Management 2.0: Same Name, New Meaning

205.

IP Alchemy: Monetizing Stale Copyright & Trademark Portfolios to Spawn Fresh Revenue Streams

12:00 12:30 PM

LUNCH

12:30 1:30 PM

CLOSING PROGRAM- Judgment Day: Is This the End for Eljay Jones?

305.

Increased DOL Enforcement Resources Widen the Wage & Hour Bulls-Eye for the Plaintiff’s Bar

405.

Brazil, Russia, India & China (BRIC): Growth Markets for Business, Litigation Nightmares for Attorneys

505.

Software Licensing: Bulletproof Contract Clauses that Raise Your Client Approval Ratings

605.

As Company Data Moves Faster, Can Your Privacy Compliance Program Keep Up?

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= Session Features Eljay Jones

&21)(5(1&( '(7$,/6 REGISTRATION CONFIRMATION

Registration is NOT confirmed until payment has been received by MCCA. Electronic confirmation of your registration will be sent within ten business days of receipt of payment or upon completion of payment process if registering online. Full registration includes access to conference sessions, written and electronic course materials, and scheduled meals.

Program sessions are subject to limited attendance due to facility capacity constraints, so please pre-register for your desired courses. MCCA is not responsible for any expenses associated with travel, lodging, or other costs incurred by the registrant, including in the event that MCCA must cancel the conference for any reason. Audio or video recording or transcription of any portion of the seminar is prohibited unless express consent is granted

by MCCA.

CANCELLATIONS & SUBSTITUTIONS

All cancellations must be received in writing; telephone cancellations will not be accepted.

Cancellations received in writing by February 18, 2011 will be fully refunded minus a $50.00 administrative fee. Individuals canceling in writing after February 18 but prior to March 11 will receive a full credit towards attendance at MCCA’s 11th Annual CLE Expo (only monies paid for the10th Annual CLE Expo will be credited; after applying credit, any balance due is the responsibility of the registrant). If written confirmation of cancellation is not received by March 11, no refunds or credits will be issued of any kind. Credits will be processed after the meeting. Substitutions are always welcome; please submit a written request along with a completed registration form for the new individual in order to transfer the registration. Cancellations and requests for substitutions should be submitted to education@mcca.com.

HOUSING

MCCA is holding a block of rooms at the Chicago Marriott Downtown Hotel at the rate of $229/night (single/double). For reservations, call 888-236-2427 and indicate you are attending MCCA’s 2010 CLE Expo conference to receive the group rate. You can also reserve a room online by visiting www.mcca.com and clicking on the CLE Expo link.

DISCOUNTED AIR FARE

Travel discounts are valid March 12-20, 2011 to Chicago, IL (MDW, ORD). To make a discount reservation, please call American Airlines Meeting Services Desk at 800-433-1790 or go to www.AA.com and use promotion code 4931BK.

10th CLE

3 WAYS TO REGISTER

annual

ONLINE www.mcca.com

EXPO

(credit card only)

2011

MAIL form and check to:

Minority Corporate Counsel Association

1111 Pennsylvania Avenue NW FAX form to (202) 739-5999 Washington, DC 20004

CONTACT INFORMATION

TITLE ORGANIZATION ADDRESS CITY

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ZIP CODE

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SESSIONS

Please indicate the session number you would like to attend for each time interval: Wednesday, March 16, 2011

Thursday, March 17, 2011

10:30 AM -12:00 PM 2:00 PM - 3:30 PM

8:30 AM -10:00 AM 10:30 AM - 12:00 PM

4:00 PM - 5:30 PM

10:30 AM -12:00 PM 2:00 PM - 3:30 PM 4:00 PM - 5:30 PM

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Note: Registration is NOT CONFIRMED until payment has been received.

PAYMENT METHOD

REGISTRATION FORM

EMAIL education@mcca.com

CHECK (Enclosed)

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PRINT CARDHOLDER’S NAME CARDHOLDER’S SIGNATURE BILLING ADDRESS

Check here if billing address is the same as listed in contact information *By submitting this form, you agree to MCCA’s cancellation policy.

MCCA is a not-for-profit organization classified under section 501(c)(3) of the Internal Revenue Service Code. MCCA’s tax identification number is 13-3920905.

ASSOCIATION FOCUS SERVICE AND ADVOCACY IN A GAY ENVIRONMENT (SAGE)

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BY KARA MAYER ROBINSON

clients. SAGE also supports caregivers and care recipients who are part of the aging LGBt community with a variety of programs including counseling, support groups, benefits and entitlement assistance, a Friendly Visitor Program, and limited subsidies for home health care and adult day care.

A NEW WAVE OF DISCRIMINATION

Often overlooked, members of the aging LGBt community frequently face discrimination, much of which occurs in the realm of older adult care. Even with the progress of LGBt civil rights over the years, elder care providers—such as home health care workers, assisted living or residential care facilities—neglect to consider that their clients may be gay, lesbian, bisexual or transgender. When erroneous assumptions are made, client discomfort ensues. According to SAGE, large numbers of elders have reported feeling isolated and harassed at a time when they need help and support. As a result, there’s a tendency for some LGBt older adults to go “back in the closet.” According to SAGE, they may be as much as five times less likely to access necessary health and social services because of their fear of being discriminated against by service providers.

“LGBt people are of all generations,” says Michael Adams, SAGE’s executive director.

“There tends to be an image of younger people at gay pride parades, out in clubs, and other – MICHAEL ADAMS settings like that. But the reality is that it’s a multigenerational community who has its own Environment, SAGE changed its name about 10 years pioneers who need to be respected and supported.” ago in order to emphasize both the services and advocacy During the senior years, a time when the need for components of its work and mission. It is now the world’s support increases, LGBt’s support systems tend to shrink. oldest and largest nonprofit agency addressing the needs of In fact, says Adams, LGBt older people are twice as likely lesbian, gay, bisexual, and transgender elders. It offers an than heterosexual older adults to live alone and more extensive network of community-based services and outthan four times as likely to have no children. Community reach programs including daily drop-in discussions, support services and outreach programs at SAGE become espegroups, financial counseling, health and wellness activities, cially important at this increasingly vulnerable time in and sex, dating, and romance workshops. their lives.

SAGE also provides a host of clinical and social services programs to LGBt people over the age of 60 (age 50 if POSITIONING POLICY HIV+). This includes case management, individual and The impact of SAGE extends far beyond New York. group counseling, and telephone services for homebound Knowing that things won’t change until more people On any given weekday in New York City, Services and Advocacy in a Gay Environment (SAGE) offers its members a full day of activities. For example, on Thursday, January 27, members can participate in “Senior Elders” (a support group for ages 75 and up), “SAGE Singers,” “Men’s 40+ Rap” or “SAGERCIZE.” Activities are held at its LGBt Center downtown and its Harlem Independent Living Center. (SAGE has four offices in Manhattan.)

Unquestionably, the community of aging LGBt adults in New York has a rich, thriving resource in SAGE. Founded in 1978 as Senior Action in a Gay

“LGBT PEOPLE ARE OF ALL GENERATIONS. THEY HAVE THEIR OWN PIONEERS WHO NEED RESPECT.”

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become aware of the special needs of LGBt elders, Adams and the staff at SAGE have committed a large portion of resources to changing public policy, training providers of elder care, and advocacy with an eye toward the future.

In doing so, SAGE has created the first national conference devoted to LGBt aging concerns, has earned the only aging LGBt-targeted “Faith in Action” support service grant from the Robert Wood Johnson Foundation, and has received a three-year, $900,000 grant from the Department of Health and Human Services and the Administration on Aging to create the nation’s only national resource center on LGBt aging. National efforts include conducting advocacy in Washington, D.C., making LGBt-affirming policy recommendations, and participating in national discussions pertinent to the needs of LGBt older adults.

“There’s a lot of discrimination built into policy,” Adams explains. “We haven’t historically been part of this aging discussion. There’s a lot we need to do within the scope of federal policy. Having an advocacy office in Washington,

tion also seeks expansion of Social Security survivor benefits and spousal enhancement benefits to include LGBt same-sex partners.

COLLABORATION FOR A BETTER FUTURE

SAGE is pursuing many of its advocacy efforts in partnership with other organizations. It works with the National Caucus and Center on Black Aging (NCBA) and the National Hispanic Council on Aging (NHCOA) on shared areas of concerns and is a member of the Leadership Council of Aging Organizations and the National LGBt Health Coalition.

A growing focus of the organization’s advocacy efforts is on the proper training of groups and places where LGBt elders are likely to seek care and services. to that end, it provides “cultural competency” training to help staff at senior centers, health care facilities, and other community-based organizations to help them understand the unique needs, concerns, and experiences of LGBt seniors. The goal is to empower staff to work respectfully with their clients, create more inclusive working environments and change the way that aging providers market and present themselves.

“We can’t take the place of all aging providers, so we have to train them to work well with SAGE’s constituents,” Adams explains.

– MICHAEL ADAMS Widespread training efforts will likely be aided by the recent developD.C. is an important new focus for us.” ment of the National Resource Center on LGBt Aging, Much of the work thus far has involved ensuring the which was launched in October 2010, and will provide inclusion of LGBt people as a “vulnerable older adult training, technical assistance, and educational resources to constituency and identity” and those with the “greatest such providers. social need” in the delivery systems mandated by the “The work is continuing to grow and expand,” Adams says.

Older Americans Act. SAGE is also working to ensure “Now the federal government recognizes that it has a responsithat sexual orientation and gender identity are included bility in playing a role in addressing these needs.” d&B as specific categories served by federally funded aging Kara Mayer Robinson is a freelance writer based near research and data collection, as well as identifying federal New York City. For more information on SAGE, visit funding opportunities and advocating for the allowance of SAGEUSA.org or call 212.741.2247.

Medicaid exemptions for same-sex partners. The organiza-

“DISCRIMINATION IS BUILT INTO POLICY. THERE’S A LOT WE NEED TO DO WITHIN THE SCOPE OF FEDERAL POLICY.”

MCCA.COM

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MOVERS & SHAKERS

GINA A. HOUGH

JAMES C. HO

JOSH FRANK

TOM EVANS

Gina A. Hough is a new partner at Anderson Kill’s Washington, D.C. office where she has joined the Intellectual Property group. Ms. Hough comes to Anderson Kill from Dickstein Shapiro LLP. Nationally recognized for her work as counsel to financial services firms in the intellectual property arena, Ms. Hough focuses her practice on IP portfolio strategy, and licensing and technology transactions. Her work on behalf of banks and other financial services organizations also includes insurance coverage litigation, including cases against major mortgage insurers.

A former vice president and deputy general counsel at Fannie Mae, Ms. Hough has extensive corporate inhouse experience spanning the full range of IP matters.

She holds an A.B. from Smith College and a J.D. from Boston College Law School.

James C. Ho has rejoined Gibson, Dunn & Crutcher LLP as a partner in the Dallas office, after serving for three years as the solicitor general of Texas. Mr. Ho will continue to focus his practice on complex appellate, constitutional, and business litigation.

“I want to assemble the strongest appellate team in Texas, and it’s hard to imagine a better foundation than the firm with the strongest appellate practice in the nation,” he says. An active member of the Asian American legal community, Mr. Ho is co-chair of the Judiciary Committee of the National Asian Pacific American Bar Association and a recipient of the Association’s Presidential Award. He earned his B.A. in public policy with high honors from Stanford University, and a J.D. from the University of Chicago, also with high honors.

Josh Frank is general counsel of DHL in the Americas, based in Plantation, Florida.

DHL has three businesses in the Americas region: DHL Express, DHL Global Forwarding, and DHL Global Mail. In his position, Mr. Frank manages a legal department of more than 30 professionals and is responsible for all legal issues in the region, including employment, labor, employee benefits, and contractor relationships.

Before becoming general counsel, Mr. Frank was a vice president in DHL’s legal department responsible for compliance labor, and employment. Prior to joining DHL, he was assistant general counsel for Ryder System Inc., and an associate at Proskauer Rose LLP. Mr. Frank graduated cum laude with an honors degree in history from the University of Pennsylvania.

He received his J.D. from the Georgetown University Law Center.

Tom Evans, vice president and general counsel of Merchandising, Marketing and Supply Chain for Walmart’s U.S. operations, was named the 2010 Corporate Counsel of the Year at the State Bar of Texas Minority Counsel Program’s (TMCP) annual conference. Mr. Evans was recognized for his leadership and dedication to promoting diversity, both at Walmart and in the legal profession.

He also was acknowledged for his commitment to mentoring high school students and engaging in community service projects. During his acceptance remarks, he challenged the 400 attendees to look for opportunities to make a difference on an individual level. “To change a career and change a life,” he said. Mr. Evans holds a B.A. from Trinity University and a J.D. from Washington & Lee University School of Law.

Partner, Intellectual Property Group Anderson Kill

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BY JOSHUA H. SHIELDS

Partner Gibson, Dunn & Crutcher LLP

General Counsel DHL in the Americas

2010 Corporate Counsel of the Year—State Bar of Texas Minority Counsel Program

Please send your submissions to our Movers & Shakers feature to joshshields@mcca.com Please include a high-resolution photo (300 dpi or greater), along with an electronic version of the applicable announcement.

JANUARY/FEBRUARY 2011

DIVERSITY & THE BAR®

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DIVERSITY NEWS

BY JOSHUA H. SHIELDS

NEW WEBSITE GENERATES GLOBAL COMMUNITY FOR DIVERSE LAWYERS tHE GLOBAL LEGAL COMMUNItY HAS A NEW PLAtFORM tO GAtHER, MEEt, AND INtERACt. Diverselawyers.com was launched on

October 1, 2010, to enhance relationships and promote diversity, inclusion, and recognition among legal professionals. The site’s core value proposition is designed to help members evolve through the use of a dedicated professional network using state-of-the-art digital social interaction tools. Diverselawyers.com provides a place on the internet to share professional experiences and build relationships, while overcoming limitations of time and space. It is more important than ever for lawyers to be able to communicate when they need to, without charge! The site is a completely free way to develop and maintain professional relationships.

The site’s capabilities include the ability for users to create and post a unique user profile along with a public

rich content. The Youtube style video wall features professional- and user-generated content. The site will also feature world-class Continuing Legal Education from some of the most respected legal experts in the country.

Diverselawyers.com was founded by James C. Dockery, a prominent attorney and recognized leader in diversity management. According to Dockery, “I launched this site so that diverse members of the legal community can create, connect, and collaborate. No longer are you required to attend a conference to build relationships.

Now you can do so from your office or the comfort of your home.” Unlike other professional networking sites, Diverselawyers.com contains news and sports information that is available to everyone—there is no need to have a window open for other interests! If a visitor wants information about a bar association in the Caribbean, China,

“THE SITE ALREADY HAS OVER 2,000 PARTICIPANTS AND INCLUDES LAW STUDENTS, PROSECUTORS, ADMINISTRATIVE SUPPORT, MARKETING FOLKS, AND JUDGES FROM AROUND THE WORLD.”– JAMES DOCKERY interactive feature which facilitates the prompt, immediate, and free-flowing exchange of ideas, documents, videos, and other mediums. The Diverselawyers.com platform also provides channels for private conversations, to build relationships amongst legal experts, lawyers, legal professionals, and law students. In an effort to organize all the legal wisdom shared in the portal, it has been equipped with customized search functionality and efficient linking technology to make it a comprehensive networking experience. The library page will allow for publishing and storage of unique, MCCA.COM

California or elsewhere, the information is available with the click of a mouse.

“The site already has over 2,000 participants and includes law students, prosecutors, administrative support, marketing folks, and judges from the United States, United Kingdom, Mexico, and India, with more joining everyday,” Dockery says. “It really encompasses every segment of the legal population.” The site is expected to become a significant new tool in career enhancement. Interested users are invited to visit and register at www.diverselawyers.com. d&B JANUARY/FEBRUARY 2011

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he Scale MCCA WEIGHS IN ON THE NEWS

Law Schools Are Going Global This January a program called Law Without Walls will bring together students from the University of Miami Law School; Peking University School of transnational Law in Shenzhen, China; Harvard Law School; Fordham University School of Law; New York Law School; and University College London to discuss problems within legal education and the profession. The point of the program is for students to work across borders while learning the basics of business and entrepreneurship. The program represents a shift in preparing students for an international work environment. More schools will realize that the profession has gone global and that young lawyers need more than just a solid foundation of U.S. law. +1

“Don’t Ask, Don’t Tell” Military Policy Repealed 50

President Obama signed the landmark repeal of the military’s “don’t ask, don’t tell” policy, handing a major victory to advocates of gay rights. In remarks before the bill’s signing, Obama said “No longer will our country be denied the service of thousands of patriotic Americans who are forced to leave the military—regardless of their skills, no matter their bravery or their zeal, no matter their years of exemplary performance—because they happen to be gay. No longer will tens of thousands of Americans in uniform be asked to live a lie, or look over their shoulder in order to serve the country that they love.” +4

Despite Media Hype, Women Lose Ground in Congress This election cycle was unkind to a number of groups: The Senate will once again have no African Americans and the House will have considerably fewer veterans.

But perhaps the biggest surprise, given the media coverage of Sarah Palin, is that the number of women in Congress decreased for the first time in 30 years.

Women waded steadily into politics from 1971 until 1991, culminating with the famous Year of the Woman in the 1992 election. That fall, 24 new women were elected to the U.S. House of Representatives and five to the Senate. But in retrospect, that election was more a high-water mark than harbinger of things to come. Women’s political participation has been flat-lining ever since. State legislatures across the country have experienced the largest single drop in the percentage of women serving since the Center for American Women and Politics began collecting data in 1971. - 3

Transgender Basketball Player Welcomed on and off Court Kye Allums, who plays on George Washington University’s women’s basketball team, is believed to be the first Division I college basketball player to go public about being a transgender person. Allums, a junior guard from Hugo, Minn., said none of the feedback he has received has been negative. Because he opted to forgo hormone treatments or surgery until after his eligibility has expired, Allums will continue to play for the Colonials. +1

“Dream Act” Blocked by Senate The Senate blocked a bill that would have created a path to citizenship for certain young illegal immigrants who came to the United States as children, completed two years of college or military service, and met other requirements, including a criminal background check. Supporters said they will continue to press for it, either on its own or as part of a wide immigration overhaul that may happen next year. - 2

THIS ISSUE’S READING: +1 LAST ISSUE: +64 JANUARY/FEBRUARY 2011

DIVERSITY & THE BAR®

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Jackson Lewis LLP congratulates Hartford Partner

´ TANYA A. BOVEE for being named one of NAPABA’s ‘Best Lawyers Under 40.’

Tanya’s inclusion in this list is a testament to her significant accomplishments in the legal arena and the Asian-Pacific American community.

We understand the importance of having a workforce that reflects the various communities in which we work and are proud to promote an inclusive culture where diversity is valued by everyone. Recognized by in-house counsel of Fortune 1000 companies in a survey conducted by BTI Consulting Group as “the single highest-ranked firm clients want by their side in employment battles,” Jackson Lewis has one of the most active employment litigation practices in the U.S. States, with a current caseload of 5000 litigations; 300 class actions and over 1900 litigations brought to the firm in 2009 alone. Our firm is also ranked in the First Tier nationally in the categories of both Employment Law and Labor Law on behalf of Management in U.S. News - Best Lawyers® “Best Law Firms.” Learn more about Jackson Lewis and our 650+ attorneys and 46 offices nationwide at www.jacksonlewis.com.

jackson lewis Preventive Strategies and Positive Solutions for the Workplace

®

Practicing in all areas of workplace law including: Affirmative Action and OFCCP Diversity Planning / Disability, Leave and Health Management / Employee Benefits, including Complex ERISA Litigation, Workplace Privacy and Executive Compensation / Global Immigration / Labor, including Preventive Practices / Litigation, including Class Actions, Complex Litigation and e-Discovery / Trade Secrets, Non-Competes and Workplace Technology / Wage and Hour Compliance / Workplace Safety Compliance

Law. It’s our last name.

Although we’re advocates for a whole lot more. + One of Canada’s Best Employers for New Canadians, 2009 and 2010 + Winner of a 2010 TRIEC Immigrant Success Award: CBC Toronto Vision Award for Immigrant Inclusion + Founding member and first law firm Corporate Partner of and pro bono legal counsel to Pride at Work Canada

T & LA

+ First law firm to sponsor the Black Business and Professional Association (BBPA) national scholarship for black law students + Member of Catalyst Canada, expanding opportunities for women in business

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