2011 Mar/Apr - Diversity & The Bar Magazine

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March/April 2011

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>PLUS CONGRESSWOMAN WATERS EXPLAINS DODD-FRANK’S DIVERSITY FOCUS CULTURAL COMPETENCY ACROSS BORDERS DIVERSE PARTNER PROMOTIONS

The MCCA Diversity Honors Gala Alice Tully Hall | Lincoln Center

Tuesday

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 Jennifer Chen, MCCA’s Director of Special Events, at JenChen@mcca.com or (202) 739-5902

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March/April 2011

FEATURES

18 Social Media and Its Challenges The past decade has seen an explosion of social media use that will only increase in the future. Lawyers are not immune to the trend and need to strike a strategic balance between effective social media use and protecting their clients from accidental dissemination and other challenges presented by new technology.

ARTICLE BY MICHELLE NEALY

24 2010 Diverse Partners Promotions

p.36

MCCA congratulates the attorneys of color joining the partnership ranks in 2010. COMPILED BY JOSHUA H. SHIELDS

30 Cultural Competency Across Borders

p.18 The vast potential of social media is at lawyers’ fingertips.

COLUMNS

DEPARTMENTS

8 Notes from the Executive Director

44 Association Focus

10 Perseverance in Profile

BY KARA MAYER ROBINSON

Highlighting the contributions and talents of attorneys with disabilities.

46 Movers & Shakers

Judge Albert S. “Pat” Murdoch

BY TOM CALARCO

12 Lawyer’s Lantern Offering illuminating professional guidance for your career.

Kids in Need of Defense

36 The Dodd-Frank Act & Diversity A financial reform document seems like an odd place to find a section on diversity. Congresswoman Maxine Waters wants to change that line of thought. She proposed Section 342, which mandates the creation of an Office of Minority and Women Inclusion for regulatory agencies. She hopes the act will increase the role of women and minorities in government positions related to the financial services sector.

ARTICLE BY KARA MAYER ROBINSON INTERVIEW BY JOSHUA H . SHIELDS

48 Diversity News MCCA presents the South/ Southwest Sager Award

BY JOSHUA H . SHIELDS

BY LORI L . GARRETT

50 The Scale

14 Spotlighting

MCCA Weighs the News

BY JOSHUA H . SHIELDS

Lewis A. Steverson

Emerging markets are a potential bonanza for multinational corporations, but there are inherent risks to conducting business in foreign cultures. The ability to be culturally competent, or adjust one’s cultural lenses, is especially important for businesses that operate where cultural parameters are different.

ARTICLE BY NATALIE HOLDER - WINFIELD

BY PATRICK FOLLIARD

2011 STRATEGIC DIVERSITY SPONSORS

p.30

MCCA® Law Department Members MCCA® acknowledges the financial support of its law department members.

Their support has made this magazine and other MCCA research projects possible.

MCCA® Board Of Directors Richard S. Amador Partner, Sanchez & Amador, LLP

Michelle Banks 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.

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

Robbie E. B. Narcisse Vice President-Global Ethics & Business Practices Pitney Bowes Inc.

Samuel M. Reeves

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Senior Vice President, General Counsel Walmart U.S. Legal

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

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 Duke Energy DuPont DynCorp International Eaton Corporation Eli Lilly and Company Entergy Corporation Exelon Business Services Company Fannie Mae Federal Home Loan Bank of San Francisco Freddie Mac Gap Inc. Genentech, Inc.

General Electric Company General Mills Inc. GlaxoSmithKline Graduate Management Admission Council 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 National Grid Navistar, Inc. Newegg Inc. New York Life Insurance Company Nike, Inc. Nsoro, LLC Nuclear Electric Insurance Limited Office Depot Pacific Gas and Electric Company Pepco Holdings, Inc. PepsiCo, Inc. Pfizer Inc. Pitney Bowes, Inc. 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 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

Senior Vice President & General Counsel Dell, Inc.

MCCA® Law Firm Affiliates

Simone Wu

MCCA® acknowledges the decision of the following law firms who have joined with MCCA to advance the goal of furthering diversity in the legal profession.

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.

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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.

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Minority Corporate Counsel Association

Regional Networking Forum

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Three People, Three Perspectives Conversation Series

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

Join MCCA for our new Regional Networking Forum, an intriguing and candid conversation series with diverse leaders in the legal profession. Come hear compelling issues of failure, doubt, and courage and how it has impacted their careers. Gain the lessons our distinguished panelists have learned from these captivating experiences.

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

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

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Notes

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he people’s revolution in Egypt is one in a growing list of events demonstrating how social media are transforming our world. Here in the U.S., social media have helped elect a president, tanked the careers of philandering politicians, and led a oncekidnapped daughter to her long-lost parents. They have proven to be both boon and menace to corporations seeking to profit from their phenomenal marketing power. For lawyers, this technological tsunami introduces a whole new wave of business.

Whether called upon to protect clients in cases of accidental dissemination, to shape employee policies over “tweeting” in the workplace, or to ascertain the legal aspects of social media’s legitimate commercial uses, lawyers will increasingly find themselves wrestling with the interests of digital “friends.” This edition of Diversity & the Bar walks us through some of the challenges and opportunities that lay ahead.

Those of you who watched the Egyptian revolution unfold will be interested in our article on the growing necessity of cultural competency in international business. Once considered a skill beneficial to those operating in the diverse U.S. market, the ability to adjust one’s cultural lenses is also valued among those working in emerging markets, where cultural parameters are sometimes radically different. Learn what you may need to do to whip your cultural competency skills into tip-top shape.

Last summer, Congress’ passage of the Dodd-Frank Financial Reform Bill made national headlines. Now that the law’s regulations are taking shape, attention has turned to Section 342, which mandates the creation of an Office of Minority and Women Inclusion for regulatory agencies. The law has enormous potential to increase diversity in the financial services industry as well as among federal contractors and even subcontractors. You’ll want to read about how this law may affect you and your company.

Photo by John Abbott Photography

From the Executive Director

As these and other stories in this edition illustrate, our world is changing. Countries, companies, and individuals are being forced to adapt to new social, economic, and political norms. Diversity is a huge and exciting part of this shift. As 2011 continues to unfold, we look forward to covering the developments that will directly impact your work as diversity leaders. If you learn something you think we should write about, please let us know. You can call, email, tweet, or send us a text. And of course, we always welcome “snail” mail.

In closing, let me also invite you to add MCCA’s upcoming events to your professional calendar. Even though traditional and new media have made it easier for us to connect, do business, and stay informed, there is still nothing like good old face-to-face interaction.

I hope I’ll hear from you, but I also look forward to seeing you soon.

VETA T. RICHARDSON

Executive Director MCCA_law

www.facebook.com/mcca.law

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

DIVERSITY & THE BAR®

Design/Art Direction QuadCreative

MARCH/APRIL 2011

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 Lori L. Garrett Michelle Nealy Kara Mayer Robinson Joshua H. Shields Natalie Holder-Winfield

MCCA.COM

UNITED BY 81,),(' %< DIVERSITY ',9(56,7< 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

JUDGE ALBERT S. “PAT” MURDOCH: HE DIDN’T QUIT

BY TOM CALARCO

As a child struggling to overcome the ravages of polio, New Mexico District Court Judge “Pat” Murdoch saw the best and worst of people, something he sees now every day on the judicial bench.

“I have lots of little stories about kindnesses extended to me, and stories about people who were cruel and insensitive,” he says.

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Struck by polio in 1952 when he was eight months old, Murdoch nearly died and spent most of the next three years at Carrie Tingley Children’s Hospital in Albuquerque, enduring one surgery after another. But unlike most disabled kids then, he was sent to school. It was difficult, he says, because people were afraid their kids would get polio from him. They didn’t understand that it is a virus that comes and goes, and he was often ostracized.

DIVERSITY & THE BAR®

MARCH/APRIL 2011

“I was the only disabled person in school during those days,” he says.

As a result, he had severe problems with self-image and in seventh grade he began having panic attacks and had to drop out of school. Then he had a life-changing experience.

“My physical therapist took me to see another young boy who was disabled with polio,” he says. “He was in a fetal position, curled up, and pasty white. My therapist said ‘the only difference between you and him is that he quit.’ And I started to see what my future was like if I didn’t fight the fight.”

Murdoch returned to school and never looked back. He took up the trumpet, became editor of the school newspaper, and student body president.

In 1970, Murdoch faced another challenge, a spinal fusion operation that would allow him to walk with a crutch. He was in a body cast for six months, but when it was removed his heart wasn’t strong enough to allow him to stand. To recondition his heart, he was put on a tilt board that gradually lifted him to an upright position for temporary periods.

This was done until he would pass out, and continued for longer periods until he was able to stand upright.

Overcoming that hurdle, when he was about to enter college he faced another misfortune. His mother died of a brain tumor a week before he started. His resolve fortified from his experiences—he says that seeing To Kill a Mockingbird and identifying with the character of Atticus Finch made him want to go into law—he persevered and earned his undergraduate and law degrees.

When it was time to look for a job, someone recommended that he become a corporate lawyer. Being only five feet tall MCCA.COM

and a man who walked with leg braces and crutches, he was told Murdoch would be a distraction in the courtroom. But Murdoch thought otherwise.

“I always was good with people,” he says, “and I’ve since learned that it’s the power of your personality that is much more important in the courtroom.”

Murdoch was a public defender for six years, where he tackled a number of high-profile cases, including six that involved possible sentencing of the death penalty, when New Mexico law permitted it.

“None of my clients ever got the death penalty,” he says.

Impressed by Murdoch’s abilities, a judge recommended him for the judiciary. This led to a judicial appointment by the governor of New Mexico at the early age of 32. In New Mexico, judges are appointed for a year, followed by an election. If they are elected, they are then put on a retention ballot in succeeding years.

Murdoch is now in his 25th year on the bench.

As a judge, Murdoch says he has had too many memorable cases to single out one and that includes a case that was featured on 48 Hours, “The Mortgage and the Murderer.”

“They’re all different in some respects and they’re all touching people’s lives,” he says.

Sentencing, he says, is especially difficult.

“Every sentencing has got to be fitted like a suit,” he says. “There are so many aspects to it. It’s a very weighty and thoughtful process.”

Like anyone else, he is human and fallible, and if he makes a mistake and releases someone who later commits a crime or a murder, he is labeled as a judge who releases murderers.

He says he also is sensitive to the stigma of criminality and the difficulties of reintegration into society.

“I send people to prison if I feel they need it,” he says. “But if I can find a way to make them useful to society while being protective of citizens, I will do that.”

MCCA.COM

The judge is a deeply moral man who credits the development of his ethics to discussions he had with his father about the way people treated him as a result of his disability.

“He told me that prejudice is a combination of fear and ignorance.

You don’t fight back but you educate,” he shares.

Murdoch’s influence goes far beyond the courtroom. He developed and taught a course on the science of prosecution to police officers, and has been teaching Evidence and Trial Practice at the University of New Mexico Law School. He also is associated with the Drug Core rehabilitation program in Albuquerque.

One of his most gratifying experiences was as coach of a youth wheelchair basketball team. He became involved in the sport while in college after meeting Vietnam vets who played. He met future Lakers star, Michael Cooper, who came to play

inviting kids to come in, and it took off. We had a strong team for 15 years and won the Southwest Conference, and there was only one time when we didn’t make the nationals. It was fun. But it was more than just about basketball. We learned how to take care of each other.”

The success of the team and the personal relationships that developed were captured in an acclaimed documentary, Kissing the Wheels, in 2003.

“It’s inspirational and heart wrenching,” Murdoch says. “Phil Jackson showed it to the Lakers.”

Four years ago, however, the team disbanded.

“We just ran out of kids,” Murdoch says with regret.

Murdoch gives a lot of his time to school kids and regularly speaks at middle schools. He talks about the decisions we all face as we grow into adults. It’s something he knows a lot about and something he constantly 11

My father told me that prejudice is a combination of fear and ignorance.

You don’t fight back but you educate.

with them when he was attending the University of New Mexico, and the sport became a lifelong passion. It was in the early 1990s that a community center asked Murdoch to organize a youth team.

“There was a young man without legs playing basketball there with normal kids and they wanted to organize a team for him,” he says. “I started

faces on the job, making decisions that he hopes will improve the quality of life in our society, something he may never have had the opportunity to do had he given up because of his disability. D&B Tom Calarco is a freelance writer based in Altamonte Springs, Fla. MARCH/APRIL 2011

DIVERSITY & THE BAR®

Lawyer’s Lantern

A Letter on Work/Life integration

By Lori L. Garrett

Dear Lawyer’s Lantern:

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I am a mid-level, in-house attorney whose work load is increasing as a result of staff reductions at my company last year. I am a team player and want to help my group. But, increasingly, I find it difficult to get other things done. While I am not married and have no children, I do have a personal life and commitments outside of work that require my attention. My BlackBerry is a helpful work tool, but I’m finding it gives my colleagues 24-7 access to my time, which I do not enjoy. Do not get me wrong, I LOVE my company and my work, but I also feel out of balance with the rest of my life. I would like to ask my employer for an adjustment in my work arrangement to allow me to have more flexibility to work from home. What should I do?

Very truly yours, Work/Life Balance?

DIVERSITY & THE BAR®

March/April 2011

D

ear Work/Life Balance?: Given the downsizing that has occurred in the legal profession over the last two years, you are not alone. Many of us who are fortunate enough to still have jobs are having difficulties striking a balance between our workloads and the rest of our life responsibilities. Balance, however, suggests a state of equilibrium or an equal distribution of time devoted to specific segments of life. Rather than looking at your circumstance as a herculean effort to balance two scales, you might consider a new perspective. The concept of work-life integration, for example, is a frame that encourages us to bring together or incorporate the different parts of our lives, such as family, work, social life, and selfcare, into a whole so that all can be meaningful experiences.

You might also consider using technology to your benefit. Instead of viewing your BlackBerry as a nuisance, think of it as a tool for integrating your personal and professional obligations more effectively. Smartphones enable you to be MCCA.COM

responsive to your company while also attending to personal matters. On the other hand, by performing routine domestic tasks—such as shopping, bill paying, and gift giving—from your work site, you may be able to devote more of your precious personal time to activities you find most relaxing and enjoyable.

I also suggest that, before you seek a new work arrangement, you think through exactly what you and your employer will need. To help determine what you need, start by listing your top five values. Once you have identified your most important values, rank them in order of priority. Performing these two exercises should enable you to identify what is really most important to you, which may help you know how to solve your work-life problems.

Let’s say you’d like to negotiate a raise, but aren’t sure what to ask for.

Your list of values might include: having adventure, providing in-person care of your family, making money,

being creative, and having career success. Once you prioritize your list, you discover that having career success is your highest priority followed by: providing in-person care for your family, having adventure, being creative, and making money. By prioritizing these values, you might conclude that an increase in pay is not as important as having an influential and rewarding position. In which case, what you might negotiate for is not more money, but more opportunity to move your career ahead.

So, I challenge you, what are your values and how would you rank them?

What does this ranking tell you about how you might reconsider your current work arrangement?

Once you have determined what is most important to you, and therefore what you really need from your employer, you should try to anticipate, as best you can, what your employer will need as well. Given the increase in work, will your employer need some-

one else to fill in during your absences from the office? How would you be willing to address that concern? Your employer may feel that your work requires a physical presence in the office. How do you anticipate your employer will receive your request?

Your employer may be willing to give you more flexibility, but it might come with a price. What concessions can you bring to the table that would make accepting this change easier on your colleagues? These are just a few of the considerations, but the more you try to anticipate how to best help your employer with your change, the more likely you will gain their support you seek.

Kindest regards, Lawyer’s Lantern

D&B

Lori L. Garret is a managing director for MCCA’s southeast region. She heads MCCA’s professional development services.

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Spotlighting

A 14

A STEADY COURSE TO SUCCESS Lewis A. Steverson

BY PATRICK FOLLIARD

Without hesitation, Lewis Steverson will tell you that last year was the toughest of his professional life. In addition to being promoted to senior vice president, general counsel, and secretary of Motorola Solutions, Inc. in August and tackling the challenges his new position entails, Steverson spent the entirety of the year ironing out the innumerable legal details of one of the biggest and most complicated spin-offs in American corporate history.

DIVERSITY & THE BAR®

MARCH/APRIL 2011

fter a year like that, many executives might welcome a post-spin slowdown, but Steverson, in signature form, remains busy helping to move the company forward.

“The intense three-year effort peaked in 2010 and culminated in January,” Steverson says. That’s when Motorola, Inc.—the 80-year-old electronics giant—completed the spin-off of its mobile devices division and changed its name to Motorola Solutions, Inc. Motorola Solutions is home to the firm’s consistently profitable business that sell communications gear for public safety, government, and enterprise customers, including two-way radios designed for first-responders. “We have a lot of contracts with federal, state, and local governments,” Steverson says of Motorola Solutions. The company from which Motorola spun off is now known as Motorola Mobility, Inc., and consists of the company’s former mobile devices division, including a broad portfolio of Android handsets, and in-home equipment like set-top boxes.

Unlike many general counsel who arrive at their positions from the outside, Steverson came up through the company ranks, literally working in every single business that Motorola has had since 1995. Prior to his current position, he was senior vice president of law for Motorola, Inc.’s Enterprise Mobility Solutions business, and has held a long list of other law-related positions within the company. “I’m extremely acquainted with the company’s business matters and sometimes get involved handling substantive legal issues in ways another GC might not,” Steverson says. “Because [Motorola Solutions CEO] Greg Brown and I were in the business together before we held our current positions, he looks to me to handle matters that might otherwise be handed off to another commercial attorney or litigator on my team. More and more, I’m working on delegating. I have an outstanding team that can handle any legal issue thrown their way—and at some point I’m going to need to get some sleep.”

In his current position, Steverson manages all of the multi-billion-dollar company’s legal affairs and heads a world-wide team of more than 100 lawyers and 150 other legal personnel. While he likes litigation, mergMCCA.COM

ers and acquisitions, and contract negotiations, he most enjoys being involved in senior strategic decisions and helping to map the company’s next moves.

Steverson grew up in western New York, an only son with six sisters. His father was the first African-American to become a New York state trooper.

Despite his own significant career success, the elder Steverson was most interested in helping his son find a personal sense of peace. “My dad used to tell me that I could become the most successful person in the world but would never be truly happy unless I was comfortable with who and what I am,” Steverson says. Steverson’s mother

I was determined to do whatever it took to learn everything about Motorola.

Fortunately, the opportunities came to me.

(an industrious stay-at-home mom who eventually went back to work, on to college, and then a career as a school teacher), on the other hand, was extremely ambitious for her children: “When I was just nine, she had me reading Dr. Norman Vincent Peale’s self-help classic The Power of Positive Thinking,” Steverson recalls. “All of us kids wore medallions on our chests indicating whether we were displaying a negative or positive attitude. She drove us hard to succeed. Today we’re all professionals.”

Steverson’s college career did not follow a normal path. A gifted track and field athlete, Steverson was more interested in improving his half-mile and mile times than concentrating on grades. He began college at SUNY Brockport, and after a short period was given a full athletic scholarship to the University of North Florida.

After just one year in Florida, he put his studies on hold in order to concentrate solely on qualifying

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Motorola Solutions’ purpose is to help people be their best in the moments that matter. This moment, right now, matters tremendously for us.

16

for the Olympic Trials 1500 meter qualifying time. Following two years of road races and track meets, Steverson realized his dreams of competing internationally were not going to happen. His times were fast, but not fast enough. Resilient, practical, and a longtime positive thinker, he moved ahead, creating a new goal and put together a strategy to reach it. “Because my father was a police officer, I’d long suspected that I might do well in a law-related career,” he says. “And the fact that my older sister, Janet Steverson, was then enrolled at Harvard Law School [and is now a lauded professor at Lewis & Clark Law School in Portland, Ore.] simply reinforced my hunch.”

His next move was to secure another full scholarship in track—this time at Siena College, a small Jesuit school close to Albany, N.Y., where his parents were living. “My plan was to find a full-time job, run cross country and track, carry a double course load, and graduate summa cum laude.

That’s what I figured I needed to do to get into Harvard Law,” Steverson recalls. “I remember discussing my plan with the dean of student affairs and he said it just couldn’t be done in my time frame, but that just gave me more incentive to do it; and I did it, on schedule.”

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“The Harvard experience was good but humbling. Suddenly I was just one among many high achievers,” he adds.

After graduating in ’91, Steverson— unlike most of his law school friends— stayed away from the big firms in New York and Washington. Instead he headed west to Arnold & Porter’s Denver office. In very little time, he was second-chairing appellate arguments, and in his third year presented an oral argument in the 10th Circuit— opportunities that would have been much longer in coming had he worked at a larger office.

Steverson was introduced to Motorola while still an ambitious young litigator with Arnold & Porter.

“Motorola was a client, and I came to them as a ‘rent a lawyer,’ or so the finance department affectionately referred to me,” he says. “My intention at the time was to establish a great relationship with the company and then return to the firm and make partner. As it turned out, I really liked working at Motorola, and they made me an offer to work in their small Atlanta office dealing mostly with battery issues.”

Initially Steverson declined the offer. He still wanted to stay with Arnold & Porter. Eventually Motorola’s general counsel at the time, Peter Lawson, convinced Steverson to accept

with the promise that he would be moved in two years. Almost two years to the day, he was transferred to the cellular business in Libertyville, Ill., not far from Motorola’s Schaumburg headquarters located 30 miles from downtown Chicago.

Now that he was close to Motorola’s decision makers and no longer in the Atlanta satellite office, Steverson quickly plotted a strategy to succeed within the company. “I was determined to do whatever it took to learn everything about Motorola. Fortunately, the opportunities came to me: I mastered a lot of substantive legal matters, learned a lot about each of the businesses, made frequent moves, and put in long hours for the company.”

Prior to being named GC of Motorola Solutions last year, Steverson sensed that he was being groomed for the job; however nothing was ever officially stated. “Peter [Lawson] isn’t the type of GC to come out and say he’s preparing someone to take over —it’s just not his style—but when he and Greg [Brown] continued to give me more and more responsibility I could see the writing on the wall.

Increasingly, I was spending more time with the senior leadership team and the CEO. As the Mobility spinoff and Peter’s departure approached, he and Greg began pulling me into the board meetings. As corporate secretary, it’s obviously important for a GC to understand board interactions and to possess a solid background in corporate governance matters.”

When asked about future plans, Steverson says, “Motorola Solutions’ purpose is to help people be their best in the moments that matter.

This moment, right now, matters tremendously for us, and my focus is to help us be our best in the moment; that means serving our customers, while protecting and growing this company.” D&B Patrick Folliard is a freelance writer based in Silver Spring, Md. MCCA.COM

The Rules of Engagement Data shows that the legal industry has not yet maximized the far-reaching potential of social media.

BY MICHELLE J. NEALY

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As global events of recent months have demonstrated, social media are transforming our world. Many industries are clamoring to exploit the profit-making potential of tools like Facebook, LinkedIn, and Twitter, but the legal profession is not one of them.

20 Name Nicole Black Bio Founder of lawtechTalk of counsel to Fiandach & Fiandach co-author of Social Media for Lawyers: The Next Frontier

Indeed, data show that lawyers have been quite measured in their embrace of social media. There are certainly legal settings and circumstances in which these media are inappropriate. Nonetheless, for those who learn and master their rules of engagement, they can be a phenomenal asset.

Social media is the ubiquitous term society has coined to define websites that allow multiple people to interact with each other through text, photos, videos, and audio. Think blogs, MySpace, Facebook, Twitter, YouTube, LinkedIn, Flickr, Reddit, and the list goes on.

Results from Corporate Counsel’s 2010 survey on social media and engagement show that only 76 of the AmLaw 100 law firms have a presence on Twitter, and just under half of those firms haven’t posted a single tweet.

On Facebook, only 31 of the AmLaw 100 have Facebook “fan pages.” And most of those have a basic placeholder page with little content. Few are posting meaningful content on a consistent and regular basis.

As anemic as this may sound, Nicole Black, founder of the legal technology consulting firm lawtechTalk, says these numbers paint a lopsided picture.

“Some lawyers have a very steady stream of clients.

They always have cases coming in. Those lawyers may not necessarily need to use social media to bring in clients,” Black says.

Meanwhile, she says, some of the larger global firms still prefer face-toface interaction with prospective clients, despite their enormous size.

“People don’t want to interact with entities,” Black explains.

Nicole Black, “They want to interact Founder of lawtechTalk with people.”

As a former criminal attorney, Black further notes that not all social media benefit all lawyers or practices in the same way.

“For criminal defense lawyers, the vast majority of their clients are probably not using social media. Their clients

“People don’t want to interact with entities.

They want to interact with people.”

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aren’t necessarily looking online for lawyers,” she says.

"But an IP lawyer might do well on Twitter [because] their clients are already there."

Black and other experts urge even those who decide not to embrace social media to at least take the time to understand how the various mediums function.

“For instance, if you are looking to get evidence to support a case that you’re litigating, social media may be a great thing to mine, even if you don’t participate in it,” she says.

LINKEDIN BY THE NUMBERS*

50,000,000 CURRENT USERS WHO 1,500,000 USERS ARE LAWYERS

HAVE BUSINESS PROFILES 5,000 FIRMS

A Sea Change

Black, and her co-author Carolyn Elefant, a nationally recognized legal blogger, wrote in a 2010 editorial, “Social media is not a fad or frivolity, but a paradigm shift sweeping both the legal profession and society at large.” Elefant is the founder and principal attorney with the Law Offices of Carolyn Elefant. She and Black wrote Social Media for Lawyers: The Next Frontier.

Indeed, many attorneys are using and creating new media platforms to deepen their professional networks, obtain industry news, and to enrich their social and personal lives.

“Law is an industry of relationships. For lawyers, it is critically important to use blogs and Twitter to not only develop relationships but to solidify those relationships,” says James Dockery, founder of DiverseLawyers.com, a social network geared toward improving diversity and inclusion in the legal industry.

He launched DiverseLawyers.com after observing that many of the diversity conferences he attended while working as an in-house lawyer at Wal-Mart Stores, Inc. did a poor job of helping prospective colleagues from diverse backgrounds maintain relationships post-conference.

DiverseLawyers.com is meant to remedy this problem.

Today, with more than 2,000 members, the site provides a platform for lawyers, law students, and legal professionals of all stripes to connect, interact, and share ideas.

It features news content, a job board, a calendar for upcoming bar events, webinars, legal forums, a user-created library, and a video wall to share user-generated video content.

“Growing your professional networking presence online is not only the present, but the future. It has become very important for lawyers to begin to embrace technology,” Dockery says. Dockery is not alone in his attempt to capitalize on lawyers’ growing interest in social media.

New sites such as Legal OnRamp, Martindale-Hubbell Connected, and FHG Media's Minority Counselor are all seeking their share of the social media craze.

Career advancement may be a leading reason many legal professionals prefer professional networking sites such as LinkedIn, Avvo, and Justia, over Facebook and Twitter.

Of the 50 million users currently on LinkedIn, nearly 1.5 million are lawyers. Approximately 5,000 firms have MCCA.COM

WITH “LAW” AS PART OF THE TITLE 4,000 GROUPS

*According to data collected by Corporate Counsel.

21 Name James Dockery Bio Founder of Diverselawyers.com former in-house lawyer at Wal-Mart Stores Inc.

business profiles on the platform, and there are 4,000 groups with “law” as part of the title, according to Corporate Counsel.

“Lawyers tend to lean toward the sites that are more ‘lawyerly’ and professional,” Black says. “But Facebook and Twitter have value, and some lawyers are really missing the boat on those. It doesn't hurt to have a presence on Facebook.”

The fear of crossing ethical lines tends to keep lawyers huddled on professional networking sites.

But rules governing ethics don’t change because you’re online, says Black, noting that things inappropriate to say in the office should not be broadcast online.

Adrian Dayton, CEO of 2 Comrades LLC, a marketing firm that provides social media training and consulting services to lawyers, is the author of Social Media for Lawyers: Twitter Edition. He describes Avvo.com as an important resource for lawyers.

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Avvo imports the names of lawyers from every state bar in the country and allows the general public to rate their performance. “They have you on their site whether you like it or not. It’s up to you to claim your profi le,” Dayton explains.

A mere symbolic presence on a social networking site is insufficient when trying to attract fans, followers, and clients, he says.

“It’s good to build up your followers on Twitter so that you have a critical mass of people to listen to what you say and share it,” Dayton advises. “But it’s much more valuable to be building two or three relationships than to have 500 followers on Twitter.”

Engagement, he says, is key.

Strategic Networking

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Bio CEO of 2 Comrades LLC author of Social Media for Lawyers: Twitter Edition

Name Carolyn Elefant

Elefant has found that building a successful social media strategy requires systematic goal-setting.

“If you don’t have goals, the experience probably will be worthless,” she says. “If you just go out and fill out profiles everywhere, but you don’t know what your end goals are, you’re probably not going to accomplish anything.”

Whether the goal is to attract new followers, add new clientele to a firm’s roster, or stimulate media buzz, you have to produce content and interact with an audience.

“Something to avoid is mass ‘broadcasting and promoting,’” Black adds. “No one is going to pay attention to a firm posting, ‘Our lawyers succeeded at this and our lawyers proceeded at that.’”

In their book, Black and Elefant offer these tips for engagement: • Promotion of you or your firm’s achievements should constitute only about 10 percent of your

SOCIAL NETWORKERS

MAINTAINING AN ONLINE PRESENCE*

2010

77%

2009

68% 72%

77%

50%

58%

35%

30-39 years old

Name Adrian Dayton

40-49 years old

50-59 years old

Bio Legal blogger co-author of Social Media for Lawyers: The Next Frontier

social media content; actively by sharing content created by others in the same professional sphere; • Promote your own content. Share opinions, case analysis, blogs, etc.; • Comment on the posts of others when on social networking sites; and • Divulge personal interest and hobbies. If you like to cook, share that.

Having launched her solo practice in 1993, Elefant was part of the first generation of blogging lawyers.

Her MyShingle blog provides information on myriad topics ranging from starting and maintaining a successful solo practice to ethics and malpractice issues to fashion and style.

“The MyShingle blog started in 2002,” said Elefant.

“I work in the field of energy regulation, so for many of the clients that I compete for, I’m competing against large firms. The internet seemed to be a way for me to show my expertise and have a presence.”

In 2004, Elefant became one of Law.com’s featured bloggers. Her blogging presence lead to a number of speaking engagements and media inquiries that helped to promote her firm.

“There are a lot of lawyers on Twitter that don’t have blogs,” Dayton says. “But if you don’t have a blog, you’re • Cross-blog

*According to a survey by the American Bar Association.

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always going to be [tweeting or sharing] what someone else is doing as opposed to talking about your own ideas. You can be successful online without a blog, but the success stories are few and far between.”

Data collected by Corporate Counsel show that half of in-house counsel agree or somewhat agree that, in the future, high-profile blogs authored by law-firm lawyers will influence the process by which clients hire law firms.

Still, Dayton says not every lawyer should be involved in social media.

“There is a portion of lawyers in your firm who are not going to go for social media. That’s okay,” says Dayton.

“You will waste a lot of time trying to bring people on board. Instead, identify champions. Find people who are hungry and have a vision to bring in business through social networks.”

“Provide those people with the training and technology they need to be successful and examples to their colleagues,” Dayton adds.

In most instances, the attorneys with the strongest drive and desire to pursue social media on behalf of their firms are those under age 40.

According to a survey by the American Bar Association, respondents in the 30- to 39-year-old age group are the most likely to report that they maintain a presence in an online community/social network. Data reveals that older attorneys are using social networks with less frequency than their younger peers.

Dockery cites fear as a leading reason many in the legal industry's old guard refuse to join social networks—fear that their investments will not be worth the time or energy required to effectively engage.

Still, more than 60 percent of in-house counsel are very familiar with Twitter, signaling growing awareness of the platform, which now has more than 75 million Adrian Dayton, Author of Social Media users. As for Lawyers: Twitter Edition social media continue to transform the world, lawyers who intelligently embrace new tools will expand their footprint and increase their potential.

“I show those lawyers who are not interested in social media that they are not going to be tweeting or blogging to the abyss,” Dayton says. “I have all of the statistics to prove to them that this is a place where other lawyers and people are spending time.” D&B

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GALVAN, ENJI HIROOKA, TAKAHARU MATSUMURA, RYOTA SEKINE, JOANNE DE SILVA, VINCENT SUM*, TSUGUMICHI WATANABE* BINGHAM MCHALE LLP RAFAEL SANCHEZ RINKS HOFER GILSON & LIONE DANIELLE ANNE PHILLIP BRYAN CAVE LLP CRAIG JEFFREY, RICO KOLSTER COOLEY LLP SAMANTHA LAPINE, LAURA MEDINA, JESCA SANTAMARIA COVINGTON BURLING LLP TAMMY2011 ALBARRÁN, KEIR D. GUMBS CROWELL & MORING LLP BAIJU VASANI DAVIS WRIGHT TREMAINE ® DIVERSITY & THE& BAR MARCH/APRIL MCCA.COMLLP CINDY ADITZ*, ELLEANOR CHIN, CAMILO ECHAVARRIA, PORTIA R. MOORE* DICKSTEIN SHAPIRO LLP VIVEK CHOPRA, MARLA KANEMITSU* DLA PIPER ANGELA J. CRAWORD, CAMILO CARDOZO, RAY HARTMAN, DAVID LEE*, HONG LU*, CURTIS MO*, KIM PAGOTTO DORSEY & WHITNEY LLP KATINA BANKS DOW LOHNES PLLC ADISA BAKARI DUANE MORRIS LLP MARCO A. CASTILLA*, HECTOR A. CHICHONI*. PHILIP H. EBLING*, TERRANCE J. EVANS, MAURO M. WOLFE* DYKEMA GOSSETT PLLC

Congratulations to the attorneys of color joining the partnership ranks in 2010!

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Diversity & the Bar is pleased to recognize the following minority attorneys whose promotion to partner was effective in 2010. Their hard work and perseverance resulted in this career benchmark—an accomplishment all the more impressive in the context of the continuing economic slump.

Please join us in congratulating these new partners and the fi rms that employ them!

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BRINKS HOFER GILSON & LIONE Danielle Anne Phillip

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ARNALL GOLDEN GREGORY LLP Althea J.K. Broughton, Auma N. Reggy, Kenneth Southall BAKER & HOSTETLER LLP Demetri E. Munn*, A. Neal Seth BAKER & MCKENZIE LLP Edward S. Harrison, Devi Koya*, Salim Rahim, Peter Tomczak, Junghye Yeum*

COOLEY LLP Samantha LaPine, Laura Medina, Jessica Santamaria COVINGTON & BURLING LLP Tammy Albarrán, Keir D. Gumbs CROWELL & MORING LLP Baiju Vasani DAVIS WRIGHT TREMAINE LLP Cindy Caditz*, Elleanor Chin, Camilo Echavarria, Portia R. Moore*

26 BAKER BOTTS LLP Ama Adams

DICKSTEIN SHAPIRO LLP Vivek Chopra, Marla Kanemitsu*

BALLARD SPAHR LLP Valarie J. Allen

DLA PIPER Angela J. Crawford, Camilo Cardozo, Ray Hartman, David Lee*, Hong Lu*, Curtis Mo*, Kim Pagotto

BARLOW GARSEK & SIMON, LLP H. Sean Liu BARNES & THORNBURG LLP Alan G. Gorman, Roy E. Hadley*, Jimmie L. McMillian, C. David Paragas*

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BENNETT BRICKLIN & SALTZBURG LLC William Sylianteng BINGHAM MCCUTCHEN LLP Sandra Franco, Rafael I. Galvan, Kenji Hirooka, Takaharu Matsumura, Ryota Sekine, Joanne De Silva, Vincent Sum*, Tsugumichi Watanabe*

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Daniel Hutchinson, Sharon Lee, Heather Wong LITTLER MENDELSON, P.C. Candace Harrison*, Danielle Herring, Stephanie Seay Kelly, Cecil Lynn*, LaToi Mayo*, Victoria Phipps*, Juan Varela*, Gregory Wong* MANATT, PHELPS & PHILLIPS, LLP Dinesh R. Badkar, Yoanna S. Binder

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Committed To Cultivating a Diverse Workplace That Continually Promotes Opportunities for All. As a national law firm of more than 500 attorneys, Fox Rothschild recognizes that successfully providing our clients with a high caliber of legal services requires the teamwork of professionals with diverse backgrounds, experiences and perspectives.

We salute our partners, James A. Baldwin and Alexander Hernaez, for their contributions to the firm and our clients. They are just two of the many talented individuals who bring a variety of insights and knowledge to our team as well as innovative and imaginative solutions to the problems our clients face.

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2010 DIVERSE PARTNER PROMOTIONS MCGUIREWOODS Halima Horton, Yuan-Ying Hsu, Gary Leung, Michelle Lipkowitz, Naho Kabayashi*, Rajsekhar Nataragan* MCKENNA LONG & ALDRIDGE LLP Sam Choy*

MORGAN, LEWIS & BOCKIUS LLP Sharon A. Lisitzky, Fahd M.T. Riaz

PHAN, NGUYEN & ASSOCIATES LLP Ann N. Nguyen, Mai Phan

SILVER & DEBOSKEY Victoria Lovato*

PROSKAUER Nigel Telman*, Ron Wood QUARLES & BRADY LLP Lisa J. Acevedo*, Hector J. Diaz, Steven V. Hunter, Autumn M. Kruse, Karen DaCosta Perzan, Mark Vilaboy

NELSON MULLINS RILEY SCARBOUROUGH, LLP Alana Odom Williams

28 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Ignacio “Iggy” J. Garcia, Damon P. Hart*, Andrew J. Jaramillo*, Angelica M. Ochoa*, Danielle OchsTillotson, David D. Powell, Jr.*, Vince M. Verde* ORRICK, HERRINGTON & SUTCLIFFE LLP Eugene Clark-Herrera, Lisa Tenorio-Kutzkey PATTON BOGGS LLP Monica Desai*, Edward Gehres, Joshua Greene, Hwan Kim* PAUL, HASTINGS, JANOFSKY & WALKER LLP Maria A. Audero*, Arun K. Birla* PEPPER HAMILTON LLP Goutam Patnaik*, Don M. Tellock*

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POLSINELLI SHUGHART PC Robert Enyard, Peter W. Ito*, George Jackson III*, Monika J. Machen*

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PERKINS COIE Bing Ai*, Christopher Kao*, Julia E. Markley, John P. Schnurer*, Fabiola M. Suwanto*, Linda D. Walton

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REED SMITH LLP Princeton Kim, Catharina Y. Min, Francisca M. Mok*, Walter Nagel*, Walter Nagel*, Juan D. Reyes*, John L. Scott RENAUD COOK DRURY MESAROS, PA Randy J. Aoyama

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Stephanie J. Nam, Stephen C. Robinson*, P. Anthony Sammi SNR DENTON Shailendra K. Maheshwari*, Richardo S. Martinez*, Tony L. Richardson*, Mark Riera* STEPTOE & JOHNSON LLP Chong S. Park* STEVENS & LEE Linda R. Evers*, William W. Uchimoto* STONE PIGMAN Jennifer Bechet STRADLEY RONON STEVENS & YOUNG, LLP Danielle Banks, Prufesh Modhera

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SEYFARTH SHAW LLP Laura Maechtlen, Ameena Majid, Anita Ponder* SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Jeryl Bowers*, Malani Cademartori, Alfred Fraijo, Jr., Miriam Montesinos

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ADVERTORIAL

RICHARD PIO RODA

LILY N. CHINN

Meyers Nave

Beveridge & Diamond, P.C.

In October 2010, Richard Pio Roda was elevated to principal at Meyers Nave, a California public agency law firm.

Rich joined Meyers Nave in 2004 and made a rapid ascent to a principal of the firm. In reaching this milestone in his career, he said, “In addition to the satisfaction I receive from helping public clients achieve their goals and from working in a collaborative environment with numerous talented attorneys and staff, I am proud to be a principal of this firm, because of its commitment to diversity and to helping women attorneys and attorneys of color succeed within the firm and in the profession.”

Rich’s public law practice focuses on municipal law, public contracts and construction, education law, election law, and corporate law. He currently serves as the Assistant City Attorney for the City of San Leandro, General Counsel for the Mendocino County Community Development Commission, and as special counsel to other public agencies. He was the assistant city attorney for the cities of Milpitas and Oakley from 2004 until 2007.

Prior to joining Meyers Nave, he served the San Francisco Unified School District as a Deputy General Counsel.

Although based in the firm’s San Francisco office, he frequently works from the firm’s five other offices, to provide exceptional service to clients all over California.

Rich is recognized as a skilled trainer and presenter on issues of government ethics, conflicts of interest, the Brown Act and the Public Records Act, and public contracting, bidding and construction. As an active member in the Bay Area community, Rich has volunteered as a professional auctioneer for the past 13 years, conducting numerous auctions to help raise money for charities, schools, foundations, and non-profit organizations. He serves as a member of the Board of Directors of the Ella Hill Hutch Community Center, the San Francisco Child Abuse Prevention Center, and the San Francisco-Manila Sister City Committee. Rich is also active in the Filipino Bar Association of Northern California, serving as its President from 2006 to 2007.

Lily N. Chinn is an experienced litigator in the San Francisco office of Beveridge & Diamond, P.C. with a focus on environmental, natural resources, toxic tort and product iability issues. Since coming to the Firm, Ms. Chinn obtained a defense victory in San Francisco on behalf of a national chemical manufacturer in a six month toxic tort jury trial and a three week cost recovery bench trial involving groundwater contamination. She is currently the chair of the Firm’s NEPA, Wetlands, and ESA Section and co-chair of the Firm’s E-Discovery Section.

Ms. Chinn came to Beveridge & Diamond after nearly eight years as a trial attorney at the U.S. Department of Justice’s Environmental Defense Section in Washington D.C., where she litigated a variety of complex appellate and district court cases across the country under the federal pollution statutes. In this capacity, Ms. Chinn co-chaired two civil wetlands enforcement trials and one defensive CERCLA trial. She has also argued numerous motions before the district courts and conducted extensive discovery and pre-trial preparation. In addition, Ms. Chinn has successfully defended challenges to EPA Clean Air Act rulemakings in the federal courts of appeals, where she argued several cases before the Fifth and Eleventh Circuits.

While at the Department, Ms. Chinn also served as a prosecutor in the Criminal Division’s Computer Crimes and Intellectual Property Section for seven months as well as co-chaired the Environment Division’s E-Discovery Working Group. For her work, she received multiple DOJ awards.

Ms. Chinn holds a Bachelor of Arts with High Distinction in Political Economy from the University of California, Berkeley and a Juris Doctor from the University of California, Los Angeles School of Law, where she was elected to the Order of the Coif. Ms. Chinn is admitted to practice in California and the District of Columbia.

CULTURAL

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BY NATALIE HOLDER-WINFIELD

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w

hen a major financial services provider’s 44-page dress policy went viral on the internet last December, gasps of disbelief and laughter could be heard from offices across the U.S.

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The dress policy handbook dictated the do’s and don’ts of the most intimate dress and hygiene habits of its bankers, from the color of employees’ underwear—red is verboten— to prohibiting bankers from eating garlic. As American readers wondered whether the handbook was for real, the bank’s spokesperson defended the style guide, saying it is designed to meet the demands of customers who are looking for “perfection.”

The bank has codes of conduct and style guides for the countries where they do business because it recognizes that a one-size-fits-all approach to playing in an international space doesn’t work—even when it comes to dress codes. Its country-specific dress guidelines are just another example of the impact local societal norms, regional practices, and client preferences have on doing business internationally.

While the international derision the bank received in response to the handbook has prompted the bank to revise its policies, one thing remains clear: culture matters.

SMOOTH NAVIGATION ACROSS CULTURAL BORDERS

The concept of multinational corporations is not new. But historic barriers to doing business abroad are crumbling and opportunities are shifting from familiar Western European nations to those in emerging markets. Countries such as Mexico, Turkey, Vietnam, Saudi Arabia, Egypt, and BRIC (Brazil, Russia, India, and China) are becoming attractive places in which to establish a local presence.

The burgeoning universe of virtual work teams with limited in-office interaction beg the question, is cultural competency still important for today’s businesses?

The experts say, absolutely!

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Although working virtually has reduced the number of face-to-face meetings, it remains true that at the other end of our telephone calls, email exchanges, and teleconferences are clients, co-workers and bosses; and people still need to interact.

“Cultural competency used to be thought of as [essential] to win, but today it needs to be seen as [an essential just] to play,” says Tanya Odom, a coach and consultant who has spent more than 15 years working with companies to prepare employees for international assignments.

“People who are looking to advance their careers, people who are looking to be relevant, and people who are looking to be on a leadership track have to have some level of cultural competency.”

Sahar Andrade is a social media strategist and diversity consultant with Sahar Consulting LLC. She agrees that as the marketplace has become more global, the relevance of cultural competency has increased. “To become globally competitive, companies need to develop new social skills, attitudes, and behaviors, along with the flexibility necessary to communicate and work with clients and suppliers in other languages and from other cultures,” she says.

Kelly Hoey, the former manager of an Am Law 50 law firm who is now a strategic networker and connector, adds that cultural competency cannot be assumed. “Even when the company or firm has ‘global’ in its tagline or brand… doesn’t mean that employees, regardless of geographic location, think, act, or see things the same.”

Vera Sullivan, a career counselor with 35 years of experience advancing the careers of attorneys and 12 years of experience as a recruiter placing diverse attorneys in corporate legal departments, believes “the face of America is changing and people have to become more culturally sensitive, especially MCCA.COM

recruiters, human resource personnel, and managers. Ignoring cultural differences today is like ignoring an elephant in the room. It needs to be discussed. Once it is out in the open, culturally competent people are comfortable talking about and understanding the impact in the workplace of the different worlds and societies inhabited by diverse people.”

As an example, she remembers helping a young Korean professional overcome her reluctance to engage in a proactive, aggressive job hunt. “She wasn’t ready to cold call potential employers because that wasn’t something that was done in her culture, so we put together a strategy that allowed her to attend less formal events where she could mingle more socially and be her authentic self in a less aggressive setting.”

THE BUSINESS CASE FOR CULTURAL COMPETENCY

misunderstandings and errors, leading to better quality legal work and higher satisfaction for both clients and lawyers.”

Sullivan adds that managers with strong cultural awareness typically make better hiring decisions. “As a recruiter, I have personally experienced that experienced diversity professionals are very tolerant and understanding of others with whom they interface and whom they manage up, laterally, and down.”

Andrade also notes that the costs of managing cultural competency poorly can be detrimental. “Cultural factors affect one’s job and interaction with their co-workers and can either create a great culture of cooperation and teamwork if culture competency is applied, or it can create chaos, low morale, high turnover, and absenteeism. In worst case scenarios, a lack of cultural understanding can lead to discrimination lawsuits that can cost the organization millions of dollars and the risk of tarnishing their reputation.”

While the research is ongoing, preliminary results show that effective management of culturally diverse teams may lead to greater profitability. The McKinsey Quarterly’s May 2008 survey, “Why Multinationals Struggle to Manage Talent”, found that companies scoring in the top third of the survey on global talent-management practices achieved higher profit per employee than companies scoring in the bottom third. The companies with strong cross-cultural management had the benefit of higher productivity, more cross-selling, client exposures, work referrals from other offices, and leveraging global resources—all of which contributed to increased profits.

LESSONS LEARNED Adjusting one’s cultural lenses is easier said than done. ”Many people are ill-equipped for managing themselves and managing others effectively in a global context,” says Andy Molinsky, Ph.D., an associate professor of organizational behavior at Brandeis University.

In many instances, the best cultural competency practitioners are people who have experience with being different.

“Everyone brings their experience, upbringing, education, ‘how-to’ baggage to the work every day,” Hoey says. “Being in the ‘minority’ means you are the mouse in the room of elephants, so you are always aware or make it your business to become aware of how others operate, what OF FUNCTIONING CROSS-CULTURALLY, BUT ALSO GIVE motivates them THEM OPPORTUNITIES TO PRACTICE NEW SKILLS IN and how, together, REALISTIC ENVIRONMENTS.” – ANDY MOLINSKY, PH.D. you can accomplish the firm or company’s goals.”

Ida Abbott, founder of a consulting firm that has been Andrade advises her clients to identify the similar busihelping professional service firms, professional associations, ness interests in various markets and use those interests and corporations develop, manage, and retain legal talto drive the cross-cultural decision making into the new ent since 1995, understands the return on investment for markets. “However, when entering foreign markets, organizations that are committed to advancing the cultural organizations frequently fall into the trap of the selfcompetency of their workers. “Firms that recognize the value reference measure,” which she explains is the unconscious of cultural competency and develop their lawyers’ cultural application of one’s own cultural experiences and values to intelligence can have a distinct competitive advantage in a market in another culture. “Even more dangerous than the marketplace,” she says. “By preparing lawyers to meet self-reference measure is ethnocentrism, the belief that the especially demanding nature of working and managing one’s own culture is superior to any other; and that is why in a global environment, firms can minimize culture-based cultural blunders occur.”

“TO BE EFFECTIVE, CULTURAL COMPETENCY TRAINING MUST NOT ONLY SENSITIZE PEOPLE TO THE CHALLENGES

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Understanding Cultural Competency To understand cultural competency, we need to start with the basics of understanding culture. Culture represents the values, norms, and traditions that affect how individuals of a particular group perceive, think, interact, behave, and make judgments about their world. It also is the foundation for understanding differences among human societies.

A November 2007 article in the Management Organizational Review, titled “Cultural Intelligence: Its Measurement and Effects on Cultural Judgment and Decision Making, Cultural Adaptation, and Task Performance,” the authors offered this definition of cultural competency: “Cultural competency (or cultural intelligence) is the ability to adapt, work, and manage successfully in new cultural settings. Culturally competent people recognize that culture may impact the way people perceive the same facts. When several competing interpretations of a situation may be valid, they can place apparent contradictions in cultural contexts and deal with the ambiguity.”

There are myriad misinterpretations of behavior and misunderstandings that stem from cultural unfamiliarity and the frustrating inability to communicate due to language barriers. “For example, some cultures have a humble demeanor, where they will not contradict a point or try to explain a wrong statement because they come from a culture that is non-confrontational,” says Sahar Andrade of Sahar Consulting LLC. “Eye contact is also a crucial characteristic of some cultures where it is used in a very seldom way or is considered rude. Some other cultures feel that talking about their achievements or education is bragging and is contrary to their nature and culture. Recruiters can make the mistake of misinterpreting the body language and lose a perfectly good candidate for fear that they won’t fit into the company’s culture or that they don’t have the proper skills and qualifications for the job.”

As the universe of companies that do business abroad expands, legal executives are advised to strengthen their capacity for cultural competency.

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STRATEGIES FOR IMPROVING CULTURAL COMPETENCY

Similar to any other corporate initiative, there must be a strategy that aligns with the corporate mission. Processes and policies take time to develop and cannot be rushed.

Implementation must be carefully considered and rolled out.

Professor Molinsky advises companies to overcome what he describes as the “knowing-doing gap” in crosscultural competency training. “Far too often, people leave training or coaching sessions with a sense in their mind about how they would ideally want to behave in a challenging cross-cultural interaction. However, when they actually encounter such a situation, they lack the ability to translate this ideal into reality.

“To be effective, cultural competency training must not only sensitize people to the challenges of functioning cross-culturally, but also give them opportunities to practice new skills in realistic environments.” The professor adds that crossing cultures is not only a cultural challenge, it is a psychological challenge. “Training people to anticipate and manage the psychological challenges of crossing cultures is a key challenge that is often underestimated in cultural competency training work.”

One key to making training effective is customizing the training to fit the organization’s and the individual’s needs.

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“The elements that should be included in the cultural competency trainings will vary based on the individual,” Odom says. “I would ask, ‘Has this person had the opportunity to work with people from other cultures? Have they traveled outside of their country of origin? Do they speak another language?’ On a basic level, it would be helpful to understand some of the nuances in cultural differences and how culture can be. It’s understanding that people communicate differently. The trainer should keep this in mind.”

Odom also cautions against the use of sweeping generalizations in cultural competency training. “The training should stay away from saying ‘this group does this’ and ‘this group does that.’ Some industries have tried this type of training and realized that such generalizations do not work.”

Based on her experiences managing the professional development needs of global teams that worked virtually, Hoey adds that realistic business examples are another essential for effective cultural competency programming.

“Any cultural competency training needs to have real-life, actual case studies from the company/firm where the training is taking place.”

She further advises that a team that works on a case study project should be included among the “trainers.”

The cultural competency instructors need to also understand the industry and delve deeply into the particular MCCA.COM

firm or company’s work ethos. “For example, is there sharing of information across departments, regions, offices?

How are people rewarded? Are financial compensation structures, titles, criteria for promotion, the same globally?” She points out that, “While not ‘culture’ per se, the mechanisms of the firm may cloud the effectiveness of cultural competency training.”

sionals over the past 10 years, teaching them to successfully adapt their behavior in foreign cultural situations,” he says. “Seeing and observing first-hand the results of this training has been tremendously rewarding for me. Foreignborn professionals who [initially] struggled to promote themselves in informal networking situations and interviews now shine in such key professional situations. Others who struggled to make small talk now do it smoothly and successfully … . My mission has been to provide people with the tools and the courage to successfully translate cross-cultural knowledge PEOPLE into effective cross-cultural WHO ARE LOOKING TO ADVANCE THEIR CAREERS, behavior.”

PEOPLE WHO ARE LOOKING TO BE RELEVANT, AND Ultimately, cultural intelligence is a journey PEOPLE WHO ARE LOOKING TO BE ON A LEADERSHIP that starts with keeping an TRACK HAVE TO HAVE SOME LEVEL OF CULTURAL open mind. Odom believes COMPETENCY.” – TANYA ODOM that humility and lifelong learning are at the core of improving cultural compeFortunately, Molinsky has observed that cultural tency. “Cross-cultural competency is about patience and competency is a capability that can grow and improve over willingness to learn. At a basic level, it is about realizing time. “I have worked with hundreds of foreign-born profesthat my way is not the only way.” D&B

“CULTURAL COMPETENCY USED TO BE THOUGHT OF AS ESSENTIAL TO WIN, BUT TODAY IT NEEDS TO BE SEEN AS AN ESSENTIAL JUST TO PLAY.

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DODDFRANK’S 36

DEMANDS Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act has the potential for a major impact.

BY KARA ARA MAYER ROBINSO ROBINSON DIVERSITY & THE BAR® MARCH/APRIL 2011

MCCA.COM

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THE

Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203), which President Obama signed into law on July 21, 2010, has an extensive number of provisions aimed at preventing another collapse of the United States financial industry. One provision that has not received much attention yet, but has the potential to change the landscape of diversity on a large scale, is Section 342.

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DIVERSITY & THE BAR®

he legislation builds off a provision in the Housing and Economic Recovery Act of 2008 (Pub. L. 110-289) which established Offices of Minority and Women Inclusion (OMWIs) at Fannie Mae, Freddie Mac, and the Federal Home Loan Banks. Section 342 of Dodd-Frank was proposed by Congresswoman Maxine Waters (D-CA) in response to her scrutiny that “women and minorities are underrepresented in government positions related to the financial services sector.1”

array of companies, including financial institutions, investment banking firms, mortgage banking firms, asset management firms, brokers, dealers, financial services entities, underwriters, accountants, investment consultants, and providers of legal services.

Each OMWI was scheduled to be established in January 2011, but budget constraints have caused several agencies to postpone creation of the office and hiring of a director.

Many agree that it could be a year or more before we see the impact of this potentially far-reaching legislation.

CORPORATE LEAD

LEGISLATION POINTS

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The OMWI provision mandates each covered governmental agency—including the Treasury, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Securities Exchange Commission, and Federal Reserve Banks—to establish an Office of Minority and Women Inclusion that will be responsible for all matters of the agency relating to diversity in management, employment, and business activities.

The agency administrator will appoint a senior executivelevel director for each individual OMWI, who will then establish standards for equal employment opportunity, workforce diversity, and increased participation of minorityowned and women-owned businesses in the programs and contracts of the agency. The director will assess the diversity policies and practices of entities regulated by the agency as well as companies that provide contract work. (OMWI responsibilities do not include enforcement of statutes, regulations, or executive orders pertaining to civil rights.)

In recent years, corporations in America have taken significant steps to promote diversity and inclusiveness.

Diversity initiatives are found at both large and small corporations. Many organizations have diversity directors and diversity committees to ensure that the pool of applicants is more diverse, minorities and women have opportunities for promotion and advancement, and the companies with whom they do business have high diversity standards.

Section 342 may be following their lead. “Corporate America is out in the forefront on the issue of diversity and inclusiveness,” says Daryl A. “Sandy” Chamblee, partner at Steptoe & Johnson LLP and the firm’s chief diversity partner. “They represent a useful example for many different organizations and sectors to follow to try to ensure that workplaces are diverse and inclusive.”

In addition to the establishment and policy-making of OMWI offices, the legislation requires each covered agency to take steps to seek diversity in its workforce at all levels, including recruiting at historically black colleges and universities (HBCUs), Hispanicserving institutions, and women’s colleges.

Further, it requires each agency to sponsor and recruit at job fairs in urban communities, advertise employment in newspapers and magazines targeting minorities and women, partner with organizations that promote minorities and women, partner with inner-city and girls’ high schools to establish or enhance financial literacy programs, and provide mentoring and related mass media communications (Sec. 342(f)). Many of these requirements are already in place at organizations outside the financial services industry.

“CORPORATE AMERICA IS OUT IN THE FOREFRONT ON THE ISSUE OF DIVERSITY AND INCLUSIVENESS.”– SANDY CHAMBLEE If the director of an OMWI determines that a contractor or subcontractor does not meet its diversity standards and has not made a good-faith effort to include women and minorities in its workforce, he or she is required to recommend that the contract be terminated, at which point the decision will be handed over to the agency administrator, who will either terminate the contract, make a referral to the Office of Federal Contract Compliance Programs (OFCCP) or take other appropriate action.

Because the legislation applies not only to regulated agencies but also their contractors, it will impact a large DIVERSITY & THE BAR®

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OPPORTUNITIES IN SCALE

Chamblee explains that this legislation appears to articulate the desire to make sure diversity exists in the senior levels of management and the business activities of the organization, which makes the commitment to diversity broader and more important. “It’s not enough to have a certain number of female or ethnically and racially diverse bodies in seats.

It’s important what those seats are,” she says.

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Nigel F. Telman, partner at Proskauer, agrees [that the legislation articulates the desire to make sure diversity exists in the senior levels of management and the business activities of the organization, which makes it broader and more important]. “It’s bringing the issue of diversity to the forefront at the highest levels. It’s different than saying, ‘You can’t discriminate.’ We all know that,” he says. “At the very least, if it is implemented the way the legislation suggests, it will raise the issue of diversity at the highest levels within our government agencies, where a lot of money is being spent.”

CRITICAL COMMENTARY

There are, however, detractors, many of whom are concerned that the language is too vague and the scope unclear. For example, OMWI directors are left to interpret “a good-faith effort” by contractors to include minorities and women.

Critics also cite the possibility of political intimidation, concerned that Congress and the White House may have an opportunity to coerce regional agencies to go along with particular policies. Other concerns include the additional paperwork and reporting burden, and the question of whether the new OMWIs are a duplication of what the OFCCP already requires. An underlying criticism found among online bloggers is that Section 342 may detract

from the main goal of the Dodd-Frank and the financial services industry, which is to avoid the credit problems that created the need for the legislation in the first place.

GREATER PERSPECTIVE

“A lot of commentary is that this is an affirmative action plan or a quota system,” Telman adds, “but diversity and discrimination are different things.” Simply making sure that an individual or company isn’t being discriminated against is not the same as creating opportunities for diverse professionals and contractors, he explains.

“The more diversity you have in people who are helping you make decisions, the better the end product will be,” Telman continues. “That’s different than hiring or not hiring someone because they’re a minority. Making sure you have a diverse group of people on your team will enhance your final product.”

If the end goal of this legislation is to increase diversity on all levels, Chamblee believes that this legislation is a good start. “Anybody who knows anything about diversity will tell you that what isn’t measured doesn’t get done. This legislation provides for measuring success and creating accountability for ensuring success.” D&B 1 http://waters.house.gov/News/DocumentSingle. aspx?DocumentID=155744 Last visited 1/17/11. DIVERSITY & THE BAR INTERVIEWS CONGRESSWOMAN WATERS

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where you go now and the best path to reach your future destination. One of the nation’s largest and most respected labor and employment law firms, Ogletree Deakins has 40 locations and serves over half the Fortune 50.

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Register at www.ogletreedeakins.com/news to receive e-alerts with same-day news on labor and employment law.

39

A BRIEF INTERVIEW WITH CONGRESSWOMAN MAXINE WATERS

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D&B: WHAT PROMPTED YOU TO ADVOCATE TO INCLUDE THESE PROVISIONS IN THE FINANCIAL SERVICES REFORM LEGISLATION? As the financial and housing sectors of the economy began to melt down in 2007, and as the government injected unprecedented sums of money into financial and housing institutions to avert a depression in 2008, it became painfully clear that there weren’t enough women-owned and minority-owned businesses and asset managers involved in these processes.

So from the outset of Congress’ legislative response to protecting consumers and strengthening our financial system to ensure something like this could never happen again, I wanted to make sure our government was taking advantage of all of the talent that exists in this industry, not just going to the people and institutions who usually have a seat at the table. So I advocated for the inclusion of Offices of Minority and Women at the federal government’s financial services organizations so that they are more reflective of the whole industry, which, though underrepresented, does include many women and people of color. And as a woman of color, I have dedicated myself to advocating for historically underrepresented populations throughout my career.

D&B: HOW DO YOU HOPE IT WILL BE IMPACTFUL? The Offices of Minority and Women DIVERSITY & THE BAR®

MARCH/APRIL 2011

Inclusion will be impactful because government agencies like the Treasury Department, the FDIC, the OCC, the SEC, the Fed, and others, will be required to ensure the racial, ethnic, and gender diversity of their workforce and senior management.

The offices would also increase the participation of minority-owned and women-owned businesses in the programs and contracts of each agency. Basically, the agencies will need to report back to Congress on their efforts to hire and contract with women, minorities, and womenowned and minority-owned firms.

D&B: WAS IT CONTROVERSIAL? WAS THERE ANY PUSH-BACK? It was controversial, in my opinion, mostly because opponents of financial reform in general also opposed what they thought was some kind of affirmative action law. You even had The Wall Street Journal editorializing about OMWI being too political, and they really just got it all wrong. It is absolutely not an attempt to politicize the Fed or any other agency, or to allocate credit by race and gender. Nothing in the bill mandates lending to minorities or women.

The provision does not even mention lending. The offices will only be responsible for employment, management, and business activities of government agencies. Frankly, I’m surprised that a newspaper that has been in publication for more than 120 years got basic facts so wrong, so badly, and so boldly.

Diversity & the Bar interviewed the Congresswoman about the diversity implications of the DoddFrank Act.

D&B: HOW DO YOU ANTICIPATE THAT THIS LEGISLATION WILL AFFECT MINORITIES AND WOMEN WHO WORK IN LAW FIRMS? WILL IT OPEN OPPORTUNITIES FOR THEM TO DO WORK ON BEHALF OF THE FEDERAL AGENCIES? Yes, the statute requires that each entity that contracts with a financial services agency must sign a written assurance that they will make a goodfaith effort to provide for the inclusion of minorities and women among their workforce and by their subcontractors.

Regarding minorities and women who work in law firms, the statute specifically mentions contracts for legal services as one of the areas for which this written assurance would apply.

D&B: HOW DO YOU RESPOND TO CRITICS THAT MAY SAY THESE PROVISIONS WILL RESULT IN QUOTAS OR REVERSE-DISCRIMINATION? I simply say that this legislation will help address an indisputable problem—the lack of diversity in financial services. Rigorous analysis documents the discrimination that women and minorities face compared to white men of similar educational background and age. Data from the Office of Personnel Management shows the lack of African American and Hispanic senior managers at the federal financial services agencies. At the Treasury Department for example, minorities only make up 17.2 percent of employees at senior pay levels. A recent report MCCA.COM

from the non-partisan Government Accountability Offices points to the lack of diversity within the financial services industry, with virtually no improvement at the management level from 1993 to 2008. The lack of contracting opportunities for minority- and women-owned businesses through programs like the TARP has also been documented. The provision is designed to broaden and improve the workforce of these agencies and expand opportunities for our nation’s small businesses—including minority- and women-owned businesses—to participate in programs and contracts instead of continuing to

rely on the same handful of Wall Street firms responsible for the crisis in the financial markets.

D&B: WHAT’S THE STATUS NOW? HOW MANY AGENCIES HAVE ALREADY HIRED DIVERSITY DIRECTORS? WHERE WOULD YOU LIKE TO SEE THINGS PROGRESS IN A YEAR? The Dodd-Frank reform bill required that all of the government’s financial agencies, except for the new Consumer Financial Protection Bureau, set up their [Minority and Women Inclusion] Offices by January

21. I’m happy to report progress is underway. The National Credit Union Administration, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board of Governors, and the Federal Reserve Banks have set up offices and hired directors. Other agencies are in the process of setting up offices.

In a year, I expect all offices to be established and to see a dramatic, yet positive, change in how our financial services agencies interact with qualified minorities, women, and minorityand women-owned businesses.

dedication McGuireWoods LLP is dedicated to expanding diversity in the legal profession. One aspect of this is our commitment to promoting and hiring talented lawyers of color who provide our clients with excellent legal skills. We are proud that six of our newest partners reflect this commitment, and we congratulate them on their achievements.

Halima Horton

Michelle Lipkowitz

Yuan-Ying Hsu

Naho Kobayashi

Gary Leung

Rajsekhar Nataragan

900 Lawyers | 19 Offices | www.mcguirewoods.com

Jacquelyn E. Stone, Firmwide Hiring Partner and Diversity Committee Member 804.775.1046 jstone@mcguirewoods.com One James Center 901 East Cary Street Richmond, Virginia 23219

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5DLVH WKH YDOXH RI GLYHUVLW\ -RLQ WKH 0&&$ /DZ )LUP $I¿OLDWH 1HWZRUN In order to assist and acknowledge law firms that are committed to advancing diversity and inclusion in the legal profession, The Minority Corporate Counsel Association (MCCA) created the Firm Affiliate Network (FAN).

As an affiliate, you will be better prepared to meet the expectations of top clients demanding diversity. Some FAN benefits include access to the Fan Virtual Library of diversity resources and listing of firm’s diverse attorneys in the Diversity Outside Counsel Database (DOCD) which is regularly circulated to MCCA member companies. Join FAN today and let your diversity efforts open doors for your firm.

/HW XV KHOS VWUHQJWKHQ \RXU ¿UP¶V GLYHUVLW\ HIIRUWV $SSO\ WR EHFRPH D ¿UP DI¿OLDWH WRGD\ To start enjoying all the benefits of FAN, complete the online application at www.mcca.com

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ASSOCIATION FOCUS KIDS IN NEED OF DEFENSE (KIND)

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BY KARA MAYER ROBINSON

A LARGE REACH

Founded in October 2008 by Microsoft Corporation and actress/humanitarian Angelina Jolie, KIND was created to IMAGINE A FIVE-YEAR-OLD BOY WHO HAS protect the rights of unaccompanied immigrant children.

JUST ARRIVED IN THE UNITED STATES. The organization has organized a pro bono movement of He’s not here on vacation or to visit with family. He was law firms, corporate law departments, non-governmental smuggled from another country where he was abused and organizations (NGOs), and volunteers who are committed forced into drug trafficking. Once discovered, he is taken to providing these children with fair, competent, and cominto custody by U.S. immigration officials and brought to passionate legal counsel. Headquartered in Washington, a detention center to await a court date and likely deportaD.C., KIND also has field offices in Baltimore, Boston, tion. He knows no English and does not have a lawyer. In Houston, Los Angeles, Newark, and New York. the U.S., this child is not required to have representation in KIND’s staff attorneys act as pro bono coordinators that immigration court. He will face a judge alone. assign, monitor, mentor, and coordinate legal representation Surprisingly, this type of situation is not unusual. Every provided by law firms and corporate legal departments. year, approximately 8,000 children arrive in the U.S. alone, Though the organization is only two years old, its caseload with no parent or guardian. Many come here to flee war, has already surpassed 2,000 children.

“We now have a talented and dedicated national staff of 29 plus two full-time, volunteerdeferred associates and one law-school fellow,” says Wendy Young, KIND’s executive director.

“We have partnered with 100 law firms, reached more than 2,400 children and trained nearly 2,000 lawyers.”

– WENDY YOUNG Much of the organization’s success is attributed to its partnerships with corporations, law firms, and NGOs. Partnerships with law human rights abuses, domestic violence, or economic deprifirms such as Paul Hastings, Troutman Sanders LLP, and vation. Others are victims of abuse, forced prostitution, or Seyfarth Shaw LLP—each of which has helped shape the other illicit activities. Their ages range from two to 19. strategic growth of KIND and donated numerous pro Fortunately, an increasing number of such unaccombono hours—have been vital to its success, Young says. panied, undocumented minor immigrants is aided by a The nonprofit also has close ties to corporate partners new nonprofit association called Kids in Need of Defense including the Royal Bank of Canada, General Electric, (KIND). Depending on the city in which they arrive and and AT&T. who happens to be looking out for them, help may be availKIND continues to expand its pool of pro bono attorable from KIND volunteers. neys by establishing strategic partnerships with organizaIn a best-case scenario, there is a KIND representative tions such as the National Asian Pacific Bar Association waiting in the back of the courtroom. She will act as case (NAPABA) and the Hispanic National Bar Association manager and match the child to a pro bono attorney who (HNBA). This is especially helpful because many members has been trained in this type of immigration proceeding. If of these organizations offer a cultural familiarity and often the attorney can prove that the child was abused, neglected, speak the language of the immigrant children. “We’re also or abandoned in his home country, he will be granted a visa exploring a relationship with the ABA General Practice to stay in the U.S. If not, he will be deported. section and the Minority Corporate Counsel Association

“THIS IS A SYSTEM FRAUGHT WITH PROBLEMS. THE ODDS ARE STACKED AGAINST THEM.”

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(MCCA),” says Young, who prior to taking on the role of executive director served as Chief Counsel on Immigration Policy in the Senate Judiciary Subcommittee on Immigration, Border Security, and Refugees for the late Senator Edward M. Kennedy.

INFORMATION AND SUPPORT

One of KIND’s primary objectives is to help pro bono attorneys understand and navigate the complex immigration laws facing these children.

“The immigration laws in our country are similar to our tax laws in how complicated and contradictory they are,” Young explains. Depending on the circumstances in which the child arrives, there are a number of options to pursue in court. Special Immigrant Juvenile Status (SIJS) may be granted to abused, neglected, or abandoned children. Other possibilities include U or T visas, for victims of violence and other criminal activity such as trafficking; VAWA (Violence Against Women Act) petitions, for victims of domestic violence or abuse; and family-based

do whatever it takes to help them feel comfortable.”

Pro bono attorneys become the attorney of record, prep the case, prep the child, represent him in court, file immigration documents, and carry the case through until its conclusion. This can happen in as few as 20 hours or may take longer, depending on the form of relief being pursued. Throughout the process, KIND remains available for mentoring and additional training.

EXPANDING EFFORTS

Many unaccompanied immigrant children do not qualify to remain in the U.S. “One of the big black holes in this issue is what happens to kids who are deported,” Young says.

“They’re escorted back to their home country, but there’s not much there to welcome them back.” KIND recently developed a reintegration program in partnership with The Global Fund for Children to help ensure that they are sent back to safe situations where their basic needs are met.

Also on KIND’s agenda is advocacy. The organization works with Congress and federal agencies that have a role in promoting more child-friendly laws. KIND is committed to ensuring funding for vital services and positively impacting new legislation. At inception, the organization had hoped to provide legal representation to all unaccompanied children in the cities where it has offices by 2010. Young now admits that was overly ambitious, especially since the organization was launched in one of the worst economies ever and because the number of children coming to KIND for assistance is rising steadily. But with its partnerships expanding, a strong company like Microsoft to back its growth strategy, and public awareness in the hands of Jolie, Young is convinced that a strong future is within reach. D&B

“THE IMMIGRATION LAWS IN OUR COUNTRY ARE SIMILAR TO OUR TAX LAWS IN HOW COMPLICATED AND CONTRADICTORY THEY ARE.” – WENDY YOUNG petitions to help children stay with family. For those who are not entitled to such protections, voluntary departure—which eliminates harsh penalties if they leave in a designated amount of time—is an option.

“This is a system fraught with problems,” Young explains. “The odds are stacked against them.”

Training can help improve such odds. KIND provides specialized training to law firms and bar associations as well as one-to-one mentoring. “We guide them along the way.

We help them review briefs, accompany them to court, and MCCA.COM

Kara Mayer Robinson is a freelance writer based near New York City. For more information on KIND, visit supportKIND.org or contact the national headquarters 202-824-8680.

MARCH/APRIL 2011

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DIVERSITY NEWS

BY JOSHUA H. SHIELDS

FORD & HARRISON RECEIVE 2011 SAGER AWARD FOR SOUTH/SOUTHWEST REGION THE MINORITY CORPORATE COUNSEL ASSOCIATION HONORED FORD & HARRISON LLP WITH ITS PRESTIGIOUS THOMAS L. SAGER AWARD for the South/ Southwest Region on February 16, 2011. The presentation took place at MCCA’s annual Regional Networking Forum which was held at Cowboys Stadium in Arlington, Texas. The Regional Networking Forum was hosted by American Airlines and attended by over 250 people.

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Accepting the award on behalf of Ford & Harrison was Vista Lyons, a partner in the Dallas office.

The Thomas L. Sager Award is given to law firms that demonstrate sustained commitment to improving the hiring, retention, and promotion of minority attorneys. It is named for MCCA board member Thomas L. Sager, who is also senior vice president and general counsel for DuPont.

Ford & Harrison redefined its diversity and inclusion plan in 2010 to foster a culture and work environment that focuses on recruitment and advancement of its attorneys. Every Ford & Harrison attorney created their own diversity plan prior to receiving their annual marketing budget. Each individual marketing plan is required to include specific action items the attorney would undertake to increase diversity and inclusion.

The firm has an expansive definition of diversity; in 2010, it focused on generational diversity and conducted two separate training sessions on diversity and inclusion.

Also in 2010, Ford Left to Right: Laura Miller, former & Harrison estabmayor of Dallas, and Vista Lyons, lished the diversity and Ford & Harrison partner inclusion coordinator MCCA.COM

position to increase the firm’s presence at recruitment events.

The coordinator, Tamara Toussaint, J.D., has a background in diversity initiatives in legal education and works closely with the manager of associate development, Michelle Carter.

Working under the leadership of Dawn Siler-Nixon, the firm’s diversity chair, they recruit at minority law schools and job fairs, identify minority lateral candidates whose practice fits with the firm, and work with recruiters who specialize in the hiring of minority lawyers. The strategy is working: 28 percent of the firm’s new hires are minorities, and 52 percent are women. The commitment to diversity makes Ford & Harrison a standout among large firms.

It wasn’t a runaway victory. Last year’s winner, Baker Botts L.L.P., was recognized as a finalist during the event, along with Weil, Gotshal & Manges LLP. Baker Botts is a longtime champion of diversity. In addition to last

Baker Botts retains its talented attorneys by holding firm-wide unconscious bias training. These events were attended by approximately 90 percent of the firm’s partners.

The firm started two-day diversity retreats in 2009 to allow attendees to develop relationships with lawyers from other departments and offices. The retreats are attended by all minority and LGBT attorneys, as well as members of firm management and the diversity committee.

Weil, Gotshal & Manges LLP was the other finalist at the Regional Networking Forum. Another former Sager Award recipient, the firm is at the vanguard of diversity practices.

It was the first New York City-based law firm to institute a firm-wide diversity training program and a formal diversity policy in 1984. In the South/Southwest region, the Dallas office topped the rankings in the Dallas Diversity Task Force law firm diversity report, achieving the only composite score above 70 among all the surveyed firms. It was the fourth consecutive year that Weil, Gotshal & Manges topped the list.

The firm’s regional success is not limited to the Dallas office. In 2010, the Houston office achieved the top score and the only A+ awarded in the Houston Multi-Bar Diversity Committee diversity report.

Overall, in its South/Southwest offices, 26 percent of the firm’s attorneys are minorities and 42 percent are women. Among equity partners, 19 percent are minorities and 34 percent are women. With numbers like that, Weil, Gotshal & Manges will continue to remain in the diversity conversation.

The South/Southwest region is the first of five regions to host a Regional Networking Forum. Chicago will hosted the Midwest Regional Networking Forum March 15, 2011.

The Western regional event will be held in San Francisco in May (date to be determined) and the Mid-Atlantic regional event will be held in June (date to be determined). New York City will host the final Regional Networking Forum of the year before MCCA’s Honors Gala. D&B

THE THOMAS L. SAGER AWARD IS GIVEN TO LAW FIRMS THAT DEMONSTRATE SUSTAINED COMMITMENT TO IMPROVING THE HIRING, RETENTION, AND PROMOTION OF MINORITY ATTORNEYS. year’s Sager Award, the firm received a perfect score on the Corporate Equality Index from the Human Rights Campaign. Yet the firm continues to move forward.

Women will constitute more than 50 percent of the summer associate class and minorities will constitute more than 35 percent. In addition, the firm’s new 2010 associate class was the most diverse in the firm’s history with 37.5 percent minorities, far exceeding the national average of 22.65 percent for large law firms.

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MOVERS & SHAKERS

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BY JOSHUA H. SHIELDS

RICHARD Y. CHENG

KIM M. KEENAN

YURI MIKULKA

KENNY R. TATUM

General Counsel Senior Care Centers

General Counsel NAACP

Shareholder, Intellectual Property Practice Stradling, Yocca, Carlson & Rauth

Assistant Dean, Career Services Penn State University, Dickinson School of Law

Richard Y. Cheng is the new general counsel of Senior Care Centers, where he leads the legal and Medicare appeals departments. In his new role, Cheng also manages outside counsel, assesses operation risk management, and works with the corporate compliance department. Previously, he served as the general counsel and vice president of Medical Appeals at Century Rehabilitation Inc., and worked as an associate attorney at Pearson Randall & Schumacher & LaBore P.A., practicing in civil litigation. He holds a BS/ MOT in occupational therapy from Texas Tech University and a J.D. from Nova Southeastern University’s Shepard Broad Law Center in Ft. Lauderdale, Fla.

Kim M. Keenan has dedicated her career to public service, improving the legal profession, and redressing the inequities still impacting women and people of color. As the new general counsel of the NAACP, she is the youngest attorney and second woman to hold this position in the organization’s history. A past president of the National Bar Association (NBA) and the immediate past president of the District of Columbia Bar, Keenan was named a “Legal Rebel” last year by the American Bar Association, among other honors. A graduate of Georgetown University’s School of Foreign Service, she also holds a J.D. from the University of Virginia School of Law.

Yuri Mikulka is a new shareholder of the intellectual property practice of Stradling, Yocca, Carlson & Rauth in Southern California. In her new role, Mikulka handles high-stakes litigation for domestic and multinational companies in cases involving patent infringement, trademark infringement, antitrust violations, and commercial litigation. A frequent speaker on intellectual property litigation, she has served as guest lecturer at the University of Chicago Law School. Prior to joining Stradling, Mikulka was chair of litigation at Zuber & Taillieu, and a partner in the global litigation firm of Howrey LLP. She holds a B.A. from UC Irvine and a J.D. from Pepperdine University School of Law.

Kenny R. Tatum is the new assistant dean of career services at Penn State University’s Dickinson School of Law. Before arriving at Penn State, Tatum was a corporate attorney with Foley & Lardner LLP, and Hunton & Williams LLP. He has spent the past eight years leading the legal recruiting and diversity initiatives of Womble Carlyle Sandridge & Rice, the Cambridge Professional Group, and Diversity Legal Recruiting in Atlanta. Tatum’s experiences focused on directing legal recruiting initiatives for leading law firms, corporations, and government agencies throughout the United States. Tatum holds a B.A. from Morehouse College and a J.D. from the University of Illinois College of Law.

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.

DIVERSITY & THE BAR®

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MCCA.COM

+67

he Scale MCCA WEIGHS IN ON THE NEWS

U.S. Census Shows Parenting by Gays More Widespread in the South

Transgender People Face Injustice

St. Luke’s Community Church in Jacksonville, Fla. was firebombed three times in the 1980s because its congregation was composed mostly of gay and lesbian members. Twenty six years after the last attack, Jacksonville is home to one of the biggest populations of gay parents in the country, according to the U.S. Census Bureau. Parenting by gay couples is more common in the South than in any other region of the country. The pattern is notable because it defies the stereotype that gay America is urban, white, affluent, and living in the Northeast or on the West Coast. Minority gay couples are twice as likely as whites to be raising children, but also more likely to be struggling economically. +2

Transgender and gender non-conforming people face rampant discrimination in every area of life: education, employment, family life, public accommodations, housing, health, police and jails, and ID documents. The National Gay and Lesbian Task Force and the National Center for Transgender Equality surveyed 6,450 transgender and gender non-conforming study participants and asked them to answer questions about the depth and breadth of injustice in their lives. The report found that discrimination was pervasive throughout the entire sample, yet the combination of anti-transgender bias and persistent, structural racism was especially devastating. -3

Obama Nominee for Judge Could Be First Openly Gay Man on the Federal Bench 50

A former Clinton administration lawyer, J. Paul Oetken, could become the first openly gay man to serve on the federal bench in the United States. President Obama nominated him to be a federal judge in Manhattan. He is one of two openly gay men whose nominations are pending for the federal courts. The other is Edward C. DuMont, a lawyer who has been nominated to the Court of Appeals for the Federal Circuit in Washington, D.C. Senator Charles E. Schumer recommended Oetken’s appointment to President Obama, saying Oetken fit his three criteria for federal judges: legal excellence, moderation of views, and diversity. If confirmed by the Senate, Oetken would fill the slot previously held

by Judge Denny Chin, who has been elevated by President Obama to the U.S. Court of Appeals in Manhattan. +1

Pay Gap Widens at Big Law Firms as Partners Chase Star Attorneys Star attorneys are earning more than 10 times what other partners receive at some of the country’s biggest law firms. The new trend is stretching compensation gaps and testing morale at firms. Now some top rainmaker partners at firms in New York, Los Angeles, Washington, D.C., and Chicago earn $10 million or more in a year, compared with $640,000 for the average partner at a U.S. firm, according to Jeffrey Lowe, a managing partner at the legal recruiting firm Major, Lindsey & Africa. Traditional notions of pay equity are falling by the wayside at firms eager to hire and retain proven business generators, whatever their cost, particularly at a time when many companies are reducing spending on outside lawyers. -1 THIS ISSUE’S READING: +2

DIVERSITY & THE BAR®

MARCH/APRIL 2011

Passport Guidelines Amended In response to concerns raised by the Transgender Legal Defense & Education Fund, the U.S. State Department published amended policy guidelines for changing the sex marker on passports. The new policy guidelines allow passport holders to submit a doctor’s letter from any licensed doctor, allow the passport holder to submit a letter from a doctor who has treated the holder for “gender-related care”; and allow passport holders to change their passport’s sex marker by presenting an updated birth certificate instead of a doctor’s letter. +3

LAST ISSUE: +65 MCCA.COM

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