2011 May/June - Diversity & The Bar Magazine

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May/June 2011

POWERING A Look at the First Generation of Minority Managing Partners

Grace Speights, John Daniels Jr., Anthony Pierce, Benjamin Wilson

> PLUS : AN ANALYSIS OF THE WHITE HOUSE REPORT ON AMERICAN WOMEN SMALL FIRMS, OPEN DOORS

The MCCA Diversity Honors Gala Alice Tully Hall | Lincoln Center New York | NY

Tuesday

September 27, 2011 Be there as MCCA honors the nation’s foremost corporate and industry leaders at one unforgettable, “Oscar®-like” awards presentation.

Honoree’s

Mid-Atlantic Region

Midwest Region

Northeast Region

Southwest Region

Western Region

To learn more visit www.mcca.com or contact Jennifer Chen, MCCA’s Vice President-External Relations, at www.mcca.com/gala or (202) 739-5902 6SRQVRUV

10th CLE annual

EXPO

THANK YOU

2011

Thank you to our generous sponsors for their support and success of the MCCA 10th Annual CLE Expo.

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

May/June 2011

FEATURES

16 Powering Up: A Look at the First Generation of Minority Managing Partners Despite the tremendous diversity gains of the past two decades, minorities are still largely absent at the managerial level. Almost all of today’s managing partners of color are the first non-white persons at their firms to hold the prestigious title. In this article, they talk about their rise, balancing, managing, and practicing, and the future of diversity in the legal profession. BY CHANA GARCIA 24 Small Firms, Open Doors Large firms have the prestige, global ties, and funding that attracts so many talented lawyers, but there are small firms that rival their bigger counterparts with personal, handson practices that appeal to LGBT attorneys looking for an inclusive work environment.

BY PATRICK FOLLIARD

p.16 Grace Speights, John Daniels Jr., Anthony Pierce, Benjamin Wilson

COLUMNS 8 Notes from the Executive Director 10 Perseverance in Profile Highlighting the contributions and talents of attorneys with disabilities.

Gary Norman

BY TOM CALARCO

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

BY LORI L . GARRETT

14 Spotlighting Andrea Leigh Yao

BY PATRICK FOLLIARD

DEPARTMENTS 40 Association Focus North American South Asian Bar Association

30 Women in America: A Different Generation Women have a much different role in American society than they did a generation ago. The White House commissioned the “Women in America: Indicators of Social and Economic Well-Being” report to help the nation respond to the challenges women face. The findings show that women are increasingly well educated and are catching up to men in terms of income. But overall, women still have a way to go.

p.24

BY JONATHAN GRONER

BY KARA MAYER ROBINSON

42 Diversity News

Correction: Diversity & the Bar omitted Michael Mancusi of Kilpatrick Townsend & Stockton LLP from its list of 2010 Diverse Partner Promotions. D&B regrets the error.

General Counsel Invitational Recap

BY JOSHUA H . SHIELDS

44 Movers & Shakers 46 The Scale MCCA Weighs the News

BY JOSHUA H . SHIELDS

2011 STRATEGIC DIVERSITY SPONSORS

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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

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 Senior Vice President & General Counsel, Dell, Inc.

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

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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MAY/JUNE 2011

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 Mattel, Inc. 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

MCCA® Law Firm Affiliates 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.

Bressler, Amery & Ross PC Buchanan Ingersoll & Rooney PC Butler, Snow, O’Mara, Stevens & Cannada, PLLC Davis & Gilbert LLP Epstein, Becker & Green, PC Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Goldberg Segalla, LLP Ice Miller LLP Kenyon & Kenyon LLP Lathrop & Gage LLP McGuireWoods LLP Morgan, Lewis & Bockius LLP Pepper Hamilton, LLP Porzio, Bromberg & Newman, PC

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

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

References herein to any commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise shall not constitute or imply endorsement, preference, recommendation, or the favor of MCCA. MCCA (including its employees and agents) assumes no responsibility for consequences resulting from the use of the information herein, or in any

Rivero Mestre, LLP Rooney Rippie & Ratnaswamy, LLP Sanchez & Amador, LLP Shook, Hardy & Bacon LLP Steptoe & Johnson LLP Sughrue Mion PLLC Thompson Hine, LLP Zuber & Taillieu LLP

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

by MCCA with respect to such information.

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

MCCA is a tax-exempt corporation organized in accordance with section 501(c)(3) of the Internal Revenue Code. Its tax ID number is 13-3920905.

MCCA.COM

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

Notes

Photo by John Abbott Photography

From the Executive Director

OUR EXPANDING INFLUENCE

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Several decades from now, as legal historians and scholars look back at the early part of the 21st century, I wonder what will capture their attention. Certainly, they’ll write about the obvious high-profile developments: the election of a black former constitutional law professor to the United States presidency, the appointments of Sonia Sotomayor and Elena Kagan to the U.S. Supreme Court, and the careers of trailblazers like former MetLife General Counsel James Lipscomb.

But I wonder how they’ll interpret the influence lessrenowned lawyers of diverse backgrounds are having on the social, corporate, and legislative fabric of our society.

Not to mention their influence on our profession.

As future documentarians search the archives, I fully expect them to consult the pages of Diversity & the Bar for insights. Then, it will be impossible for them to miss the stories of people like Benjamin Wilson and Grace Speights, who, as you’ll read in this edition, are among a small but growing number of lawyers who are the first managing partners at their firms who are not white males. These lawyers have built their careers by adhering to the highest of professional standards and, as founding members of the African American Managing Partners Network, are committed to mentoring, supporting, and expanding the next generation of diverse attorneys who will stand alongside their counterparts as leaders in our profession.

On these pages, future legal researchers will also discover lawyers like Gary Norman, who, despite being visually impaired, is helping to lead his state toward more acceptance and inclusion not only for people with disabilities, but also for the animal guides who assist them.

The stories of lawyers such as David Codell and Kelly Perigoe will demonstrate the opportunities and challenges facing attorneys who are open about their LGBT identities. They found career and personal satisfaction in small firms where they do what they love, while also helping to advance the cause of LGBT rights in America.

Slowly, but surely, the barriers to full inclusion are coming down in our society. They are falling thanks to the skill, leadership, and legal tenacity of lawyers like you who, together with the Minority Corporate Counsel Association, are helping to change and revitalize our nation for the better. As the outgoing executive director of MCCA, it has been my honor and joy to bear witness to your journey. I will miss the many ways in which you have allowed me to participate in supporting your advancement, and will forever cherish the many ways in which this experience has enriched my life. I look forward to continuing as a member and lending my support to my successor. Thank you for your countless well wishes. I wish you continued success.

VETA T. RICHARDSON

Executive Director MCCA_law

www.facebook.com/mcca.law

Note: On July 1, Veta Richardson will start a new position as President & CEO of the Association of Corporate Counsel.

Contact her at richardson@acc.com.

Publications Staff CEO and Director of Publications Veta T. Richardson Founder and Publisher Emeritus Lloyd M. Johnson, Jr. Editor Joshua H. Shields

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MAY/JUNE 2011

Publishing Consultants Bill Cox Cheryl Fields Advertising Kevin Buck Lucy M. Jones Alexandra K. Kahl Design/Art Direction QuadCreative

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

Contributing Writers Tom Calarco Patrick Folliard Chana Garcia Lori L. Garrett Jonathan Groner Kara Mayer Robinson Joshua H. Shields

MCCA.COM

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.

Compelling issues of failure, doubt and courage and how it impacted their careers. Come gain the lessons our distinguished panelists have learned from these captivating experiences.

These discussions will be closed-door honest exchange 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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Perseverance in Profile

GARY NORMAN: SEEING AND SEIZING THE OPPORTUNITY TO SERVE

BY TOM CALARCO

Gary Norman was born with retinitis pigmentosa, a genetic disorder that gradually diminished his vision. Today, he is almost totally blind. But visual impairment hasn’t stopped the Maryland-based attorney from becoming a champion for disability rights. In fact, the selfeffacing man credits some of his success to his disability.

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“Being disabled gives me insights and experiences I might not otherwise have,” says the Brunswick, Ohio, native.

“My mom was a housewife and part-time worker, and my dad [was] a Marine and Korean War vet, who rose to an executive-level position with the railroad in Cleveland, Ohio,” he says. “My mom was involved in the PTA and my dad in the city council.

I think I acquired her social skills and my dad’s organizational skills.”

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These abilities and his parents encouragement helped Norman navigate the learning problems and career challenges he faced in his youth. He began using a cane in the seventh grade and by tenth grade could barely read large print. When he entered Wright State University in Dayton, Ohio, he could no longer see large print and transitioned to using books on tape.

“Wright State had the best setting for disabled student services in Ohio,” Norman says. “I thought I would acquire a history Ph.D., but I wanted to make an impact on society and thought law would be a better way to do this.”

While enrolled at Cleveland-Marshall Law School, Norman spent two summers clerking for civil rights attorney David Roth, an advocate for the poor and the founder of Cleveland Works, a now defunct nonprofit organization that provided job training, social services, and legal aid to the unemployed. Clerking there left a great impression on Norman and helped shape his view of the role lawyers should play in society. “Attorneys should be lawyerstatesmen, be involved, and make the world better,” he says.

After passing the Ohio Bar in November of 2000, Norman received a two-year presidential management fellowship at the Department of Health and Human Services in Baltimore, Md., where he now works as a staff attorney for Medicare and Medicaid services.

After law school, Norman’s sight deteriorated to the point that he needed a guide dog. The yellow Lab was named Langer.

“He was by my side when I got married, and when my mom passed away,” Norman says with affection. Though Langer has since retired, the canine is still part of the MCCA.COM

Norman family. Taking his place as guide dog is Pilot, a Labrador and golden retriever mix.

“They have much different personalities,” Norman says. “Langer was good for me as a bachelor, but Pilot is more socially oriented, runs a little faster, and is more exuberant.”

Norman’s love for his dogs has led him to become an advocate for the rights of guide dogs and other service animals.

“I try to advocate for guide dogs to give back the service I receive,” he says. “There are positives and negatives to having a guide dog,” he explains. Access denial, such as being refused lodgings at a hotel, is one of the negatives. Among the positives he lists having an opportunity to experience the goodwill of strangers, like when people he doesn’t know open doors for him or give him directions.

“Having a guide dog makes me less visually impaired,” he says.

Norman established the firstever pilot ambulance service for guide dogs with the Baltimore County Fire Department, and the Maryland Fund for emergency assistance for the care of guide dogs.

He also has authored entries in reference works, given presentations, and been involved in formulating laws and public policy on the issue. Last year he founded the Mid-Atlantic Regional Animal Symposium.

“The purpose was to bring intellectuals together to talk about animal law and to improve the understanding of it,” he says. “It’s an emerging field.”

Norman has had papers published in several legal journals on topics that include disability rights, animal rights, and the Paralympics.

“I want to write a book to incorporate how my own disability impacts others and how I have integrated it into society,” he says. “To be disabled has challenges and barriers that need to be removed.”

In a scholarly paper he wrote for Health, Law and Policy, the journal of American University’s Washington College of Law, Norman argued that medical recommendations to abort a pregnancy because of the probable birth of a disabled child are a reflection of the negativity and prejudice that disabled persons endure today.

Norman’s involvement in civic activities belies any assumptions that he lacks capacity. “Every person should be as independent as posPilot, Norman’s sible, and do as much as possible guide dog by themselves,” he says.

His deep commitment to and involvement in disability issues are an example of the valuable contributions people with disabilities can make to society.

He is currently vice president of the board of directors for the American Visually Impaired Attorneys Association; legal counsel to the board of Northern Baltimore County Jaycees; vice president and secretary of Senior Mediation and DecisionMaking; and former CEO and past president of the Maryland Area Guide Dog Users. Last year, he was appointed by Maryland Governor Martin O’Malley to be one of the nine commissioners

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on the Maryland Human Relations Commission. In that position, he considers and investigates civil rights complaints and determines their legalities. Someday, he hopes to enter politics.

“My intent is to open a private practice and run for public office. I had envisioned running for office in Ohio, but will do so wherever the fates lead me,” he says.

Wherever that might be and whatever position he holds, Norman says he will continue to work on making the body of law on rights and disabilities enforced and understood.

“I have had a good life, but not an easy life,” he says. “I see myself both as blessed and disadvantaged. Some people will view me with lower expectations, and there is the personal discrimination and the access denial because of my guide dog. I want to make things better for those who come behind me.

In doing so, I also honor my mom and my dad, who instilled in me a dedication to community service.”

In recent years, Norman has received numerous honors for his continuing contributions to others, among them: the Edward F. Shea, Jr. Award for Professionalism given by the Maryland State Bar Foundation; the American Marshall Memorial Fellow, a one-month sojourn in Europe awarded to distinguished scholars under 40 to promote better understanding of European affairs; the Distinguished Alumni Achievement Award from his alma mater, Wright State University; and selection by the Jaycees as one of their “Ten Most Outstanding Young Americans” of 2009. He has also become a sought-after public speaker.

Despite this recognition, his dog Pilot is not impressed.

“I usually have his leash in my hand when I speak,” Norman says. “but Pilot usually falls asleep and sometimes can be heard snoring.” D&B Tom Calarco is a freelance writer based in Altamonte Springs, Fla. MAY/JUNE 2011

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Lawyer’s Lantern

A TRIBUTE TO VETA RICHARDSON

BY LORI L. GARRETT

In the fall of 2009, I was MCCA’s new managing director of the southeast region. I can still recall the exhilaration I felt working my first Creating Pathways to Diversity Conference, MCCA’s seminal diversity convening.

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busied myself with checking in on all the concurrent panels; introducing myself to many of the loyal, long-time attendees; and preparing for the arrival of MCCA’s newest class of Lloyd M. Johnson Jr. Scholarship recipients, who would be formally presented to MCCA network later that evening at the Northeast Regional Dinner.

If you have ever been to the Pathways conference and regional dinner [this year MCCA will be hosting our first-ever MCCA Diversity Honors Gala in lieu of the regional dinner], you know that it is a power-packed day and evening. As the day drew to a close, I was exhausted. But I had planned to show my face at one last event: the post-dinner karaoke party. When I walked in, the music was bumping and guests were already mingling. As far as I could tell, no one had braved the microphone for a round of karaoke yet.

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Within minutes of my entrance, my boss, MCCA Executive Director Veta Richardson, took the stage to deliver what I thought would be another distinguished welcome. I remember remarking about how much energy and enthusiasm she still seemed to have at that late hour.

Rather than turning the music down, as I expected, the DJ segued into some classic ’80s pop song. I am sure I must have frowned. I recall thinking, “What is this guy doing? Doesn’t he know to turn the music down when someone gets on stage?” I glanced back at Veta, fully expecting to see fury on her face. But there she was, in her lovely power suit bopping and swinging to the beat. She was looking at the teleprompter in the corner of the stage and, for a moment, it looked like she threw her head back and closed her eyes as she enjoyed the music. I could not believe what I was seeing. I gasped, “Is she going to sing?” Sure enough, she began belting out the words to the song. My mouth dropped open! She was performing karaoke with reckless abandon.

When she finished, everyone in the room cheered and about a half a dozen people lined up to take a turn.

Watching Veta take the lead that night, performing karaoke in front of the entire party with such passion and conviction, taught me a lot about who she is and what she means to MCCA. Her actions showed me that, as MCCA’s leader, she was fearless and willing to work tirelessly to serve the organization. Her confidence was infectious, making me feel that I could be myself with her and that I need not be afraid to put myself out there as I began my work for the organization.

In the years since, I’ve watched Veta consistently be one of the first to pursue calculated risks on behalf of MCCA and to get other people in our profession involved.

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Her contributions to the advancement of diversity in the legal field include launching many innovative programs, including automated CLEaccreditation scan technology and live broadcast of programs via the MCCA Web site. She also led and developed MCCA’s award-winning research program, which resulted in the publication of more than a dozen reports offering best practices for the effective recruitment, retention, and advancement of diverse attorneys.

Veta is an effective mentor who has helped to advance the careers of hundreds of attorneys. MCCA’s Lloyd M. Johnson Jr. Scholarship program, which she launched in 2006, has raised and distributed more than $1.5 million, and has assisted more than 100 law students. Another of her innovations, the KAN-Do! mentoring program, is the first internet-based mentoring model to be designed for use nationally in the legal profession. Informally, Veta has met with, counseled, privately

advocated for, and encouraged many other lawyers. Her guidance has helped them to secure opportunities and make connections that, in many instances, led to the positions they hold today.

I am a direct beneficiary of Veta’s mentoring. She has always been one of my biggest cheerleaders, giving me the opportunity to serve MCCA even when others discounted my age and experience. She encourages me to embrace new challenges—such as writing this column—and often goes out of her way to give me sound advice, like the time she suggested that I understand the details of putting together the financial statements that are discussed at each MCCA board meeting. After the recent birth of my first baby, she even supported my decision to work from home two days a week.

I know I am not the only one who has been spoiled by Veta’s dedication and support. She has taken the same generous mentoring approach with all our staff and certainly with other

members of our network.

I have written this tribute because, as many of you know, Veta is taking the position of president and CEO of the Association of Corporate Counsel, a phenomenal organization that has partnered with and supported MCCA over these years. Veta did not know that I was going to write this column in tribute to her. But, on behalf of myself and all of MCCA’s staff and network, I wanted to publicly thank her for her tremendous service to MCCA and to the legal profession. I, for one, am better for having had the opportunity to work for her and I know that others have benefited from her leadership and dedication to the mission of MCCA. Congratulations, Veta. Job well done!

We wish you the best, always! D&B Lori L. Garret is MCCA’s vice president and managing director for MCCA’s southeast region. She heads MCCA’s professional development services.

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Spotlighting

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WORKING TO FEED AMERICA Andrea Leigh Yao

BY PATRICK FOLLIARD

When asked the standard “Where do you see yourself five years from now?” attorney Andrea Yao hesitates to answer. Yes, she is extremely enthusiastic about her current position. At the same time, she would like her job to become obsolete.

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s the sole legal advisor to Feeding America, the nation’s largest hunger-relief organization, Yao is unfailingly inspired by the Chicago-based nonprofit’s mission—to feed America’s hungry through a nationwide network of member food banks and to engage our country in the fight to end hunger. She loves her job, but understands that success for Feeding America means putting itself (and her) out of business.

“Usually when we think of hunger, we think of swollen-bellied children in Third World nations, but in fact it’s around every corner,” says Yao, who joined Feeding America in 2007. “Over the last couple of years that need has increased by 40 percent. Today, one in six Americans does not know where their next meal is coming from. It’s a shocking statistic.”

With a membership of more than 200 food banks serving all 50 states, the District of Columbia, and Puerto Rico, Feeding America (known as America’s Second Harvest until late 2008) provides food to more than 37 million low-income people facing hunger annually. Member food banks support approximately 61,000 local charitable agencies and 70,000 programs, which provide food directly to individuals and families in need.

Yao’s practice includes handling contract review and direction of outside legal counsel (primarily for litigation and tax matters), and she is currently leading the nonprofit’s Enterprise Risk Management program. She is the only attorney there, and things change quickly. “In addition to dealing with contract review, trademark issues, and criminal matters, there are numerous questions from our membership: Is a food bank run by a church obligated to accept donations collected by a Wiccan group? Do we serve undocumented folks? No two days are ever the same.”

Even before Yao joined the organization, Feeding America had a history of relying on outside counsel volunteering their efforts, usually through DLA Piper law firm. “My husband was one of those lawyers,” Yao says. “So about five years ago, when I was with my former employer [the City of Chicago], Feeding America’s thenCFO Roberta Lane expressed that because they were growing so rapidly, it was time they found someone to handle contracts and eclectic issues in-house. My husband MCCA.COM

knew that I was ready for a change, so he suggested me for the position.”

Her newly created job required Yao to build a one-person legal department from scratch. Most of that involved generating policy to ensure she was looped in on a lot of contracts and convincing the more veteran employees that by involving her in the legal aspects of the organization, it would help—not hinder—the process.

“For the first time in my career I had to sell myself to various projects.

While many were happy to have a lawyer on hand, others found themselves settling back into their regular routine,” Yao recalls. “In city government, things were different—everyone is hyper-involved. Fourteen people are required to sign-off on one thing.

Luckily, Feeding America is a congenial, not-too-large organization and people came around pretty quickly.”

Yao had worked for the City of Chicago for 14 years before joining Feeding America. She served as assistant corporation counsel to the City of Chicago Law Department, Real Estate Division. She was chief counsel for the Department of Transportation and the Public Way. She also served as counsel to the Chicago Plan Commission and was one of the primary attorneys responsible for the successful Chicago Abandoned Property Program.

“Just about everything I did working for the city helped to build Chicago. It was all very gratifying

because it’s where I’ve always lived.”

A native Chicagoan, Yao attended Catholic high school where the founding religious order was known for its dedication to social change. In order to graduate, students were required to accumulate a significant number of community service hours. “It was then that I first volunteered in soup kitchens. It was also around this time that I first became interested in issues of social justice.”

Her parents prioritized academic success. She and her sister were taught to appreciate what they had. Yao’s father and his family were political refugees who left China and received asylum from the British government in Hong Kong.

Her father knew what it was to literally arrive with just the clothes on his back.

Throughout law school, Yao eschewed all things corporate, preferring classes like international human rights, law and social change, or women and the law. If she perceived a professor as a kindred spirit, she made sure to take the class. While Yao enjoyed the intellectual challenge of law school, she was put off by some of the students who saw the experience only as a route to making money.

Early in her career, Yao did work for a firm. Immediately after graduating from Northwestern University Law School, she was hired by a small Chicago firm to work temporarily on a class action lawsuit against the City of Rockford, Ill., regarding school desegregation. It was 1992. “One of the last big desegregation suits in the country,” she says. It was an impactful, eyeopening experience because she could see the fruits of the firm’s efforts in her own backyard, since it happened so close to Chicago.

Throughout her tenure with

People give to food drives during the holidays, but people need to eat every day: hunger knows no season.

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the city, Yao dealt with everyone from elected officials to 40-year union employees to members of the public.

The experience, she says, taught her how to be approachable. “I’m not the ‘big bad lawyer.’ If people of all ranks aren’t comfortable coming to me with concerns before they become an issue, then I’ve missed an opportunity.”

Something else Yao learned while lawyering for Chicago was the importance of optics: Everything can be looked at in a different way depending on the audience. As an attorney for the city, she was vigilant in making sure stories about the mayor never hit the papers for the wrong reasons—only for good reasons. “When we make a decision at Feeding America, I understand how it’s going to be viewed by our members, the public, and our potential food donors. I have a good feel for different stories that come out of the same decision. Someone with an exclusively nonprofit background may not think like that.”

Today, Yao encourages other attorneys to consider nonprofit law as a viable career option, citing that it can be rewarding, stimulating, and often more interesting than more traditional practices.

Lamentably, at least for the foreseeable future, hunger is not going away.

Feeding America’s challenge is to keep hunger in the forefront, and to persuade individuals, government, and corporations to remain involved in their mission.

“Typically, people give to food drives during the holidays, but people need to eat every day; hunger knows no season,” she says. “Of course, there are a lot of tough issues today—homelessness, underwater mortgages, tsunamis—and all of these pressing issues are attention worthy. It’s important for people to pick something they care about and be consistent in that caring. We can’t ask for more. Stay involved, connected, and be aware of the needs around you and be open to filling those needs.” D&B Patrick Folliard is a freelance writer based in Silver Spring, Md. MAY/JUNE 2011

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POWERING

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A LOOK AT THE FIRST GENERATION OF MINORITY MANAGING PARTNERS

BY CHANA GARCIA

SEVERAL TIMES A YEAR, A GROUP OF HIGH-POWERED ATTORNEYS, KNOWN AS THE DIVERSE PARTNERS NETWORK, MEETS IN WASHINGTON, D.C., TO DISCUSS DIVERSITY INITIATIVES AT THEIR RESPECTIVE FIRMS. THERE’S ALSO ANOTHER, PERHAPS MORE IMPORTANT, ITEM THAT MAKES ITS WAY ON THE AGENDA AS WELL— EXPANDING THE RANKS.

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ith 20 or so members, the men and women who live and practice in the nation’s capital are part of an exclusive club: managing partners of color. Almost all of them are the first nonwhite persons at their firms to hold such a prestigious title, a fact that underscores both the advances being made within the legal profession and the languid pace at which it changes.

Despite their small numbers, these partners see opportunity within their grasp.

As stewards of their firms, they’re in a powerful position to drive the overall vision of their practices, in addition to setting the tone around diversity and inclusion. And as U.S. firms look to gain an edge in an increasingly global business community, African

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Grace Speights, John Daniels Jr., Anthony Pierce, and Benjamin Wilson

American managing partners are finding that their spheres of influence are far-reaching and more relevant than ever.

Benjamin F. Wilson, managing principal at Beveridge & Diamond, P.C., in Washington, D.C., says, historically only about 30 people of color have held positions as managing partners of majority-owned firms. “Now we have about 20 to 22 who are actively doing the job all over the country.

“Many of us met during the 2010 Congressional Black Caucus weekend, and it was a great opportunity to talk about MCCA.COM

business development, about issues affecting women of color in law firms, and other common concerns that we share.

A number of us knew one another, and one or two of us meet informally, but this was our first official meeting as the African American Managing Partners Network. We’re in our fourth year, and now our goal is to meet at different events during the course of the year—whether at an American Bar Association event or a CBC event—where we might have our own agenda, and that’s working well for us.”

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WHO SAID IT’S LONELY AT THE TOP? For Wilson, whose practice encompasses commercial and environmental litigation, organizing colleagues near and far allows members of this close-knit network to make the most of their professional contacts. They refer clients to one another, stay abreast of important events, and discuss the unique set of challenges affecting diverse attorneys.

“We attempted to organize in the past, but we were unable to sustain it. What’s different this time around is that everyone is there to help, so it didn’t become a one-person job,” says Wilson, who is also a founding member of the broader Diverse Partners Network, an organization that focuses on partners of all ethnic backgrounds. “We’re looking less for a messiah and more to collaborate for change. Each of us takes turns heading up various programs. Five or six times a year, we have programs for summer associates. We had a program for new partners. We also identified a number of women partners to be dynamic leaders in our group.”

One of those dynamic women leaders is Grace Speights, a partner in Morgan, Lewis & Bockius’ labor and employment practice and managing partner of the firm’s Washington, D.C., office. A self-proclaimed “lifer” at the firm, Speights joined Morgan Lewis in 1984 as an associate. She rose up through the ranks, serving in various leadership and management roles, and was made partner in 1991. Over the years, she says she’s seen the number of partners of color increase slowly but steadily. She credits affinity networks such as those established for women and people of color as a key component to sustaining diversity within the legal field—and at the critical partner level, where women attorneys and attorneys of color are disproportionately underrepresented.

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“THERE’S NO ROAD MAP, BUT ULTIMATELY WHAT PARTNERS AND CLIENTS WANT IS TO SEE A PERSON WHO PROVIDES VALUE AND GOOD JUDGMENT.” — JOHN DANIELS JR.

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“I HAD PARTNERS WHO TOOK AN INTEREST IN ME, AND THAT’S A BIG PART OF THE REASON WHY I’VE BEEN SO SUCCESSFUL.” — GRACE SPEIGHTS

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“It can be very difficult for women when you’re talking about diversity, and then you add color to that—it’s challenging. You’re still one of a few if not the only one at your fi rm,” says Speights, who was recently awarded the Charlotte E. Ray Trailblazer Award by the National Bar Association's Greater Washington Area Chapter.

“When I was coming along as an associate, for a long time I was the only African American lawyer in the office, and I often relied on people outside of the fi rm for reality checks. And I was fortunate. I had good mentors within the fi rm. I had partners who took an interest in me, and that’s a big part of the reason why I’ve been so successful. But you look around and there’s not a lot that you have in common with a lot of people. Fortunately, there were some African American partners at other fi rms who I could reach out to and ask questions, and they were a big help to me.”

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MOVING THE FIRM FORWARD Regardless of their race, ethnicity, or gender, managing partners are selected for the skills and expertise they bring to a firm, as well as their ability to lead the attorneys who make up their staff. If you ask Anthony Pierce, partner in charge of the Washington, D.C., office of Akin, Gump, Strauss, Hauer & Feld, there’s a fine line between doing it right and getting it all wrong. Although the recognition that comes from such a notable position is enviable, Pierce says managing partners have to balance meeting clients’ expectations with setting a strategic direction within their firms, all while producing tangible results. The challenges they face as partners of color have to take second place to the larger needs of the firm.

“You should be known for your practice of law, not your management role,” Pierce says. “Clients don’t hire you to manage; clients hire you to practice law. My view and my goal, MAY/JUNE 2011

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Bill Lee is the fifth managing partner in the 100-year history of WilmerHale. He is the first Asian American managing partner at his firm but sees a generational shift that will bring more minorities and women into the profession.

How has your firm supported you in your managerial role?

BL: The most critical thing that the firm did was put together a management group. The assistant managing partner, the committee chairman, and the executive committee were extremely supportive. The second thing they did was allow me to adapt a management style that allowed me to practice more than half my time and that was very important.

Have you noticed more minorities entering the legal profession over the course of your career?

BL: There is a tremendously greater number. When 22

I arrived in Boston in 1976, I was the only Chinese American lawyer in the city. Today, there are literally hundreds. There’s a change of national proportion and that’s been a very good thing.

What are some obstacles to diversity in the legal profession?

BL: The challenges are not dissimilar to those many professions face, which is, whether you like it or not, stereotypes still exist. For instance, stereotypes that remain of Asians are that they are very smart but not visionaries or leaders. The stereotypes are being broken down every day but it takes time.

What advice would you give an aspiring minority attorney?

BL: I would give a minority attorney the same advice I would give a young white male attorney: You have to do very good work. You have to work hard and deliver good results to clients efficiently and effectively. Build relationships within your firm and outside your firm that allow you to assume leadership roles.

As a minority attorney, do you feel like you bring something extra to the table?

BL: I think that everybody, whether you’re a person of color or not, brings something special to the table by virtue of their background. What I bring to the table isn’t the fact that I’m Chinese, but I think more so the manner in which my family raised me.

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“WE’RE LOOKING LESS FOR A MESSIAH AND MORE TO COLLABORATE FOR CHANGE.” — BENJAMIN WILSON

“YOU SHOULD BE KNOWN FOR YOUR PRACTICE OF LAW, NOT YOUR MANAGEMENT ROLE.” — ANTHONY PIERCE

which I think is important to tell other folks who may come into these jobs, is that you want to continue practicing law.

You don’t want to let the management task overwhelm your practice. I see that as a big danger. If I thought my practice suffered in anyway because of my management role, I wouldn’t do the management role.”

It’s a sentiment shared by John Daniels Jr., chairman of Quarles & Brady in Milwaukee. Daniels is one of a handful of attorneys of color nationwide to occupy the top spot at his firm. He says that above all, a managing partner of color must strive to be an exceptional managing partner.

And for young attorneys of color hoping to one day make partner or managing partner, he has a simple piece of advice: Don’t seek out the management roles. Instead, MCCA.COM

Daniels says, work hard and the recognition will come.

“My path to chair of the firm has really involved my going from an associate of the firm and then to partner and then taking on other leadership roles,” Daniels said. “I went through all the major functions of the firm.

But frankly speaking, I’m a client guy. I wake up and go to sleep focusing on how I can drive the interests of clients, and that has been the thing that has distinguished my career. You’ve got to be able to create value for your colleagues in the enterprise, and you’ve got to be able to create value for the people you’re going to serve. There’s no road map, but ultimately what partners and clients want is to see a person who provides value and good judgment.” D&B MAY/JUNE 2011

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SMALL FIRMS, OPEN DOORS Small firms offer a personal environment where associates can learn firsthand from experienced partners.

BY PATRICK FOLLIARD

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BIG FIRMS HAVE PROS & CONS

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They offer loads of prestige and national, if not global, ties.

And certainly the money is there. Still, for some lesbian, gay, bisexual, and transgender (LGBT) associates, larger firms can be less than ideal. In a lot of cases, these associates view a smaller, more personal firm, ideally with a few LGBT partners, as a far better site from which to launch and build their careers.

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AS A VETERAN LEGAL CAREER SERVICES ADVISOR, SKIP HORNE IS ADEPT AT EXAMINING THE PROS AND CONS OF ALL POTENTIAL JOB SITUATIONS. He acknowledges that LGBT associates can benefit from working in a large firm.

“Large law firms are typically involved in myriad diversity activities, so there are constant ways for you to get involved—diversity committees, LGBT affinity groups, pro bono work that impacts the LGBT community, recruiting activities like the Lavender Law Career Fair, local/regional/national LGBT bar associations, community outreach and public service.

Big law firms have the resources (i.e., money) to support LGBT activities.”

Horne, who is president of the National LGBT Bar Foundation and director of the Graduate Programs & Continuing Education at the University of San Diego School of Law, continues “Since many large law firms have offices outside of the United States there may be unique opportunities to get involved with diversity activities in other countries—some of which may be light-years ahead of the U.S. in terms of LGBT rights and others that may be far, far behind the curve. So, you can take advantage of those countries or regions that are on the cutting edge of LGBT equality and also help effect change in parts of the globe that are woefully behind.”

On the other hand, a smaller firm is all about the work and less about the numbers, leverage, prestige, or ranking than larger firms, says Horne. So, if you’re a good attorney, the fact that you’re gay or lesbian is going to be secondary to “Can you do the work?”

Also, a smaller firm affords more opportunities to get involved in firm leadership, supervising, recruiting, and business development at a much earlier stage in your legal career, Horne adds. Again, this gives an LGBT associate much more exposure to senior partners, lateral candidates, law clerks, and, most importantly, clients.

Caldwell Leslie & Proctor, PC (CLP) is one of those smaller firms. Established in 1988, the Los Angeles-based boutique firm specializes in complex, civil and criminal litigation. Several of the firm’s partners are gay including name partner Christopher G. Caldwell. David C. Codell, a gay attorney and staunch champion of marriage equality, is of counsel to the firm. Three of the CLP’s up-and-coming gay MCCA.COM

associates—Albert Giang, Alastair J. Agcaoili, and Kelly Perigoe—describe why they like working at a 30-attorney firm.

As a young gay attorney, Agcaoili says his priority is to work in an environment where he feels accepted and entirely comfortable. Being part of a small firm with an openly gay name partner, he adds, certainly sets the tone, and knowing that the name partner is also a nationally respected litigator makes things even better.

“Litigation is a rough-and-tumble practice area. It’s been amazing for me to work closely with gay mentors who are succeeding in what many perceive as a hyper-masculine arena. In a small firm, I learned rather quickly how you can be LGBT and a very successful litigator at the same time.”

Fellow associate Giang agrees. “At a small firm you have the opportunity to work closely with all of the partners. For me, as a gay attorney, it’s been beneficial to observe a wide range of law and discover where my style fits in.” Before joining the firm in 2004, Giang clerked on the Ninth Circuit Court of Appeals. It was during his clerkship that he developed a preference for a more intimate work experience. “I loved that small chamber environment, the way I could very comfortably approach the judge with questions everyday and so easily confer with my co-clerks.” After the clerkship, Giang considered returning to the 100-attorney Los Angeles office of the international law firm where he worked after graduating from Stanford Law School, “but it occurred to me that I needed to check out smaller shops.”

Another factor that prompted Giang to go small was his desire to do pro bono and public interest work. While he concedes that LGBT-related pro bono cases are available at

big firms, he has found them to be more readily available at smaller firms that are LGBT-friendly. Also, Giang correctly assumed that at a small firm he would have an opportunity to learn from a variety of more senior attorneys. In fact, during the first six months of his current job, he had worked with most of the firm’s partners. There was never a chance of Giang being funneled into a narrow practice group where he would be working a sub-specialty under only one partner.

BEING OUT AT WORK For first-year associate Kelly Perigoe, who joined her firm in October after clerking with the Ninth Circuit, being out professionally was less of a dramatic event than a natural occurrence. It just sort-of happened. “Because there were so many LGBT resources and networking events at law school [UCLA School of Law], it became pretty clear that it wouldn’t be a problem for me to be out in the profession.

Had it appeared more daunting early on, I might have been forced to really make a conscious decision, and there’s a chance I might have chosen not to be openly gay at work.

“Currently, I know some really progressive people who are not out at their firms,” Perigoe continues. “Initially it really surprised me, but after some consideration I realized it has a lot to do with how much your firm focuses on employees’ lives outside of the office. If you’re at a firm that doesn’t talk about family and home life, it requires taking some very real, affirmative steps to signal that you’re an LGBT attorney; whereas here, there’s a focus on family life. In fact, it would be pretty difficult not to be out at work here. That’s a big part of why I was drawn to my particular firm.”

“At small firms, all associates need to know all aspects of a case.”— ALBERT GIANG

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NALP (National Association for Legal Career Professionals) studies1 reveal no sizable increase in the number of LGBT associates working in small firms in recent years, but the attorneys interviewed for this article have noticed that lawyers of all stripes who in the past might have overlooked smaller shops are now taking the time to check them out. Difficult economic times have necessitated this, but also more people are considering lifestyle and wondering if big firms are truly the optimal way to go. Attorneys are more willing to think outside the big firm box.

“At bigger firms it’s easier to get lost in a sea of associates, and I think being gay factors into that,” says Agcaoili, who prior to joining the firm in 2009 also served a clerkship on the Ninth Circuit. Before that, he worked as an associate in the New York and London offices of Debevoise & Plimpton LLP. “Partners tend to take on mentees with whom they identify. At a smaller firm everyone is forced to work together, and when that firm touts its openness to working with LGBT associates, it makes it that much easier to connect with a mentor and to develop professionally in general.”

Perigoe likes how senior attorneys at smaller firms seem to be more in tune with what associates are doing—making sure they are working on the right level and getting the correct experience. In terms of LGBT diversity, she believes that while international and national firms may purport firmwide policy, it tends to play out differently from office to office.

“It’s one thing to look at a large firm’s Web site to see what they have to say about LGBT diversity, but in reality, different offices might demonstrate different levels of

commitment. I’d say policy is more clearly defined in small offices, and that means a lot to me,” Perigoe says.

Giang, the most senior of the three associates, believes that at small firms associates are more likely to be considered individuals and not fungible cogs. While an out associate may potentially encounter difficulties at a particularly conservative firm, he or she is typically better accepted and appreciated at those small firms that are moderate or more progressive, Giang says. And, of course, a smaller shop offers more responsibility sooner as well as more client contact. At the legal behemoths, there is the risk that LGBT associates might not get a lot of substantive work. A small firm, Giang attests, is an antidote to that. “At small firms, all associates need to know all aspects of a case.”

Also located in Los Angeles, Kendall, Brill, & Krieger LLP (KBK) is a smaller, gay-friendly litigation boutique.

When the 13-attorney fi rm was founded in May 2009, gay associate Richard Simon followed the three founding partners (two of whom are LGBT) from their former workplace, a larger specialty practice law fi rm. “My move was primarily motivated by my knowing, liking, and respecting the partners,” says Simon. “Also I knew that sexual orientation would be a nonissue at the fi rm, and I wouldn’t have to worry about clients who might be uncomfortable with me being gay.”

Immediately after joining KBK, Simon experienced a substantial jump in front-line client contact. Because the firm is small, he is more able to see the contours of every case. Additionally, Simon enjoys the close contact with the firm’s partners. “When you have a problem or need to

“At bigger firms it’s easier to get lost in a sea of associates, and I think being gay factors into that.”—ALASTAIR J. AGCAOILI DIVERSITY & THE BAR®

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bounce an idea around, it’s nice to be able to ask the partner next door for a little help. There’s a collaborative feeling in the work place,” he shares.

Simon partially attributes his having always been out at work to living in Los Angeles and his practice area (entertainment law). And now, he says, the prevailing gestalt among clients at KBK is one that is accepting of LGBT attorneys and diversity in general.

LGBT associate Clifford Davidson joined KBK six months ago in search of a more intimate setting where he would know the people who decide his professional future. Davidson was not unhappy at his former job (far from it). As a young associate in Proskauer Rose LLP’s 80-attorney Los Angeles office, Davidson served as counsel of record for the Anti-Defamation League, as amicus curiae, in the California Supreme Court’s Marriage Cases, which recognized marriage equality as a fundamental right in California. Still, as he became more senior, Davidson grew increasingly uncomfortable being far from the international firm’s center of power in New York.

“I didn’t leave Proskauer out of a need to flee a large firm,

and I had nothing but great experiences in the Los Angeles office,” says Davidson. “It was more that I was looking for the next step in my career.”

Glen Ackerman, a board member of GAYLAW (a bar association serving LGBT lawyers, law students, and legal professionals in the Washington, D.C. area) and a managing partner of Ackerman Legal PLLC, an eight-associate general practice firm, stresses that regardless of a firm’s size, the individual is the ingredient. He urges attorneys to take ownership of who they are and seek out mentors and deliver a high-quality product.

“At the end of the day,” Ackerman adds, “no one makes a hiring decision because someone is gay. It is what they bring to the firm that matters most. And so it follows, when an LGBT attorney feels comfortable and appreciated at a firm—however large or small it might be—they are most likely to thrive.” D&B Patrick Folliard is a freelance writer based in Silver Spring, Md. 1

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Women in America: A Different Generation

BY JONATHAN GRONER

The role of women in American society has evolved significantly over the past generation. The more-educated female population rears fewer children and is closing the wage gap, but inequality persists. New data offer insights to the changing role for American women.

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EARNINGS BY EDUCATIONAL ATTAINMENT

Men

(Median weekly earnings of full-time workers age 25 and older, annual averages, 2009)

Women

$1,400 $1,200 $1,000 $800 $600 $400 $200 $0

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Total, 25 years and older

Less than a high school diploma

High school graduates, no college

Some college or associate degree

Bachelor’s degree and higher

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AGE OF MOTHER AT FIRST BIRTH (Percent distribution of women having their first birth by year and age 1970–2007) 40 & older

20-29

30-39

Under 20

1970

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1975

1980

1985 Continued on page 33

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By many indicators, 21st-century women in the United States are living lives that are dramatically different from those of their grandmothers. They are rapidly outpacing men in enrollment and graduation from college and graduate school. They are having fewer children and are having them later in life. And while they are catching up to men in terms of income, they still have a way to go before they reach parity.

These are some of the key conclusions of “Women in America: Indicators of Social and Economic Well-Being,”a report issued in March 2011 by the White House Council on Women and Girls. The council was created by President Barack Obama two years ago to help the nation shape a coordinated response to the social and economic challenges facing women. The Office of Management and Budget and the U.S. Commerce Department compiled the report, which is touted as the first far-reaching study comparing the status of contemporary American women to those of earlier generations.

The report examines several aspects

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of women’s lives, including educational achievement, income, career choices, health, and their standing in the criminal justice system—as either victims or perpetrators of crime. While the report doesn’t focus specifically on the lives of women lawyers, the conclusions apply to women of all occupations in the workforce.

A careful look at the data reveals that the movement toward women’s equality in the workplace, which began in the 1960s, has had a major effect on women’s personal and academic choices. For example: • In the 1970s, only 47 percent of women in America had their first child at age 30 or older. In 2007, that figure was 24 percent.

• In 1950, women got married, on the average, before they were 21 years old.

But in 2008, they waited, on average, till they were 26. And college-educated women married, on average, at age 30.

• In 1976, only 10 percent of women between ages 40 and 44 had never had a child. In 2008, that figure nearly doubled, to 18 percent.

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AGE OF MOTHER AT FIRST BIRTH (Percent distribution of women having their first birth by year and age 1970–2007)

• Perhaps the most remarkable finding of the study: In 2008, of all women with less than a high school education, 81 percent had given birth to at least one child. Among women with a college degree, only 28 percent had had a child.

College-educated women, including women lawyers, are not forsaking marriage and childbirth; they are merely delaying them. The report shows that 85 percent of all women do marry, and 80 percent of all women have children. While those figures are lower than several decades ago, they still represent a strong majority of American women. Professional women are plunging into the workforce in their 20s, getting married and having kids in their 30s, and remaining at work after they have children. In 2009, according to the

She got married at 30 to a man who was then 31. According to the study, their ages fall within the national average age of marriage for men and women.

Brinkley says her own mother and three of her aunts all had given birth to a child at age 20. In contrast, when she was 20 and a college student, she “couldn’t imagine” having a child at that stage in her life. She does plan to have children, probably sometime in the next five years. But she doesn’t see that as the only possible set of life decisions for today’s women.

Education Matters The choice that Brinkley and other women of this century have made—to pursue higher education—is one that pays off. The earnings of full-time female workers have increased 31 percent since 1979, compared with only a “They’re delaying 2 percent rise for male workers.

That is not surprising in marriage by putting view of women’s increased their career first, or levels of education. As the report points out, higher finding the right man, educational attainment or finishing their is associated with higher education.”—FAITH BRINKLEY incomes, and by 2009, the percentage of women with a college degree had equaled the percentage of men with a degree, at 28 percent. The study says White House report, 75 percent of women that women between ages 25 and 34 are worked year-round, compared with only now earning 89 percent as much as men 51 percent in 1968. in that age group. That figure was only Faith Brinkley, a law firm marketing 69 percent in 1979. specialist who lives in Upper Marlboro, But 89 percent is not 100 percent, and Md., says “I’m not surprised to hear that the wage gap persists. Many women still women are delaying marriage. Some of it work in traditionally female, lower-paid is that they’re putting career first, some of occupations. In 2009, nearly 20 percent of it is finding the right man, and some of it all women in America were working in one is a matter of finishing their education.” of five occupations: secretaries, registered Brinkley, 31, has a B.S. in marketing nurses, nursing aides, elementary school as well as a master’s degree in public relateachers, and cashiers. tions and an M.B.A. in management.

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40 & older

20-29

30-39

Under 20

Continued from page 32

1990

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1995

2000

2007

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WOMEN AND MINORITY ATTORNEYS IN LEADERSHIP ROLES Management-level committee representation as of 2009 EXECUTIVE/MANAGEMENT COMMITTEE White/Caucasian 14.73% women Minority women 1.33% Minority men 4.17% All women 16.06% All minorities 5.50% HIRING COMMITTEE White/Caucasian 29.07% women Minority women 7.05% Minority men 8.35% All women 36.12% All minorities 15.40% PARTNER REVIEW COMMITTEE White/Caucasian 17.42% women Minority women 1.01% Minority men 4.81%

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All women 18.43% All minorities 5.82% ASSOCIATE REVIEW COMMITTEE White/Caucasian 23.90% women Minority women 3.73% Minority men 5.50% All women 27.63% All minorities 9.24% DIVERSITY COMMITTEE White/Caucasian 27.88% women Minority women 19.10% Minority men 21.04% All women 46.98%

T

This may change in the near future.

The report notes that women have made surprisingly rapid advances in terms of enrollment and graduation from college and graduate school. In 2008, out of all high school graduates, 72 percent of the women immediately enrolled in college, but only 66 percent of the men did. In 2008, women also constituted 57 percent of undergraduate enrollment.

That same year, the study shows women accounted for 59 percent of graduate school enrollment. And more women than men received doctoral degrees. As recently as 1998, men received more doctorates than women.

The available data for women attorneys closely parallel the White House report findings. According to reliable data from other studies, in 2009, women made up 44 percent of law school enrollment, up from 16 percent in 1974.

Unequal Pay for Women Lawyers Despite women’s academic achievements, the wage gap and the achievement gap persist in the legal profession. Even though

women constitute 32 percent of all U.S. attorneys, they represent only 19 percent of the partners in the nation’s largest law firms. And in 2009, according to the National Association of Women Lawyers, women equity partners in major firms earned only 88 percent of the income earned by their male equity partners.

Meanwhile, women who were nonequity partners made 92 percent of their male counterparts’ compensation.

The White House report suggests that as more women with college, graduate, and professional degrees enter the labor force, their average earnings will increase. Some working women believe, however, that it may not be easy for women to make up the earnings gap, even as their levels of education increase.

Renee Garfinkel, 60, is a clinical psychologist in private practice in Washington, D.C. She recalls seeing overt discrimination against women in graduate school when she was a student in the 1970s, a phenomenon that she doesn’t see anymore.

“As an undergraduate, I was told by the chairman of a graduate school in psychology that he would discriminate against me and other women. He felt that the time and energy spent on women students wasn’t worth it because they would only have children and leave the profession,” Garfinkel recalls.

All minorities 40.15% OTHER LEADERSHIP ROLES ALL WOMEN (WHITE AND MINORITY)

RELEVANT DEFINITIONS FROM LAW FIRM DIVERSITY SURVEY

U.S. office heads 15.13%

MANAGEMENT-LEVEL COMMITTEES:

Practice group/ 18.07% department leaders Committee leaders 27.52% ALL MINORITY ATTORNEYS (MEN AND WOMEN) U.S. office heads 6.30%

Executive/Management Committee The firm’s chief governing body responsible for the strategy and future growth of the firm.

Hiring Committee The committee or other group that leads the firm’s activities with regard to the recruitment and hiring of associates.

Partner Review Committee The committee or other group that reviews and evaluates the performance of partners for the purposes of advancement and compensation.

Associate Review Committee The committee or other group that reviews and evaluates the performance of associates for the purposes of advancement and compensation.

Other leadership roles Leaders of affinity groups or other groups that count attorneys as members.

Practice group/ 5.15% department leaders Committee leaders 11.37%

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LEVELS OF EDUCATIONAL ATTAINMENT (Percentage of adults 19 and older, 1970 and 2009)

“It was as if people decided that if clinical psychologists looked like elementary school teachers, in that they were women, people wanted to pay them like elementary school teachers.”—RENEE GARFINKEL However, Garfinkel says that as women slowly became 50 percent or more of clinical psychologists, “it had a devaluing effect on the profession. The incomes of clinical psychologists declined as the number of women in the profession increased. It was as if people decided that if clinical psychologists looked like elementary school teachers, in that they were women, people wanted to pay them like elementary school teachers.”

The White House report also notes that married women who are working can expect family and household responsibilities to take up more of their time than that of their husbands. On the average, married women in the workforce spend 1.6 hours in household activities and an additional one hour caring for children or other family members. Their husbands spend significantly less time—just

Graduate degree Bachelor’s degree Some college High school or equivalent Less than high school

1970

less than one hour in household chores and 40 minutes caring for others.

The findings of the White House report lead us to suggest a few recommendations for women who want to succeed in the legal profession. Getting a law degree increases one’s chances of earning a good living throughout life. It’s probably better to defer marriage until you have started your career. Child-rearing can be part of a fully successful life. Out-and-out discrimination is unlikely, but be aware of subtle bias and of the possibility that occupations with significant female representation, including areas of law in which women predominate, are still stigmatized. D&B Jonathan Groner is a freelance writer based in Washington, D.C.

Men

35

Women

2009

MEDIAN AGE AT FIRST MARRIAGE 27

Men Women

(1950-2009)

27 25 Men

23 21 19 17 1950

1957

1964

1971

1978

1985

1992

1999

2006 Women

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DIVERSITY & THE BAR®

th

th 12

Annual

Early Bird Deadline 8/19/2011

12 Annual Creating Pathways to Diversity® Conference Marriott Marquis Hotel | New York, NY

Monday, September 26, 2011 REGISTER ONLINE www.mcca.com

Sponsors as of 4/24/2011

The Minority Corporate Counsel Association’s annual Creating Pathways to Diversity® Conference is back for its 12th year! It has long been THE seminal diversity conference in the nation for the legal profession, and this year is no different. The 2011 conference will bring you analysis of new issues in the legal diversity space and will deliver a fresh discussion on some of the old challenges facing corporate legal departments and law firms. For example, this year the conference will help you and your organization get prepared for the coming generational changes to the workforce over the next 10 years, while

12th

Annual

simultaneously revisiting and updating the ongoing conversation about the business case for diversity in the legal profession. In addition to learning how to help your legal department or firm advance diversity, the Creating Pathways to Diversity Conference will continue to provide in-house and law firm lawyers with real and practical strategies for advancing their individual careers. Did we also mention that the Creating Pathways to Diversity Conference provides invaluable networking opportunities with the country’s most prolific and diverse attorneys? Clearly, this is THE conference you won’t want to miss!

Advisory Board

Conference Agenda

Michael P. Allen Senior Attorney, Legal & Corporate Affairs Microsoft Corporation

MONDAY, SEPTEMBER 26, 2011 7:30 - 9:00 AM 9:00 AM -10:30 AM 10:30 - 11:00 AM

BREAKFAST & REGISTRATION OPENING PLENARY SESSION: Revisiting the Business Case for Diversity BREAK LAW FIRM

101.

11:00 AM - 12:30 PM

The Interplay between the Corporate Legal Spend, Diversity & Client Satisfaction

LAW DEPARTMENT

201.

Inspiring the Very Youngest: Corporate Legal Departments & Pre-collegiate Pipeline Initiatives

MARKETING DIVERSITY

301.

Affinity Groups: A Study of Model Programs at Law Firms & Legal Departments

12:30 - 2:30 PM

LUNCH PROGRAM: Her Stories: The Evolving Role of Women in Business & Law

2:30 - 4:00 PM

Beyond Race, Gender & Ethnicity: The Advancement of Latinas in Large Law Firms

102.

4:00 - 4:30 PM

202.

302.

Special Considerations: The In-House Lesbian, Gay, Bisexual & Transgender Lawyer Experience

Driving Change: Inspiring Titleless Leaders in Your Organization

203.

303.

CAREER STRATEGIES

401.

Who’s the Boss?

402.

Lawyer Executives: A Behind the Scenes Look at JDs in the C-Suite

WORK PLACE 2020

501.

Attitudes & Opinions: Generation Y Speaks about their Workplace in 10 Years

502.

Leveraging a New Generation of Cultural Competency

Transparency & Advancement of Diverse Law Firm Attorneys

Chief Legal Diversity Officers & Minority Counsel Liaisons: Growing Trend or Idealist Hope?

Maja D. Hazell Director of Diversity and Inclusion Fried, Frank, Harris, Shriver & Jacobson LLP Paul Hirose Of Counsel Perkins Coie LLP Rob Jones Corporate Attorney American Airlines, Inc. Haris Khan Associate DLA Piper LLP Jessie Kornburg Executive Director Ms. JD Lisa A. Linsky Partner McDermott Will & Emery LLP

BREAK

103.

4:30 - 6:00 PM

Sanjay N. Beri Member Womble Carlyle Sandridge & Rice, PLLC

The Inclusion Initiative: Corporate Collaboration & the Use of Minority & Women Owned Law Firms

403.

When It Stops Raining: A Study of Outsourcing & the Pulse of Legal Business

503.

The Transition of a Generation: How Your Organization Can Successfully Navigate the Exodus of Baby Boomers

Paula Lucas Executive Director Just the Beginning Foundation Peggy Nagae Founder & Principal peggynagae consulting Barry Parsons Associate General Counsel Freddie Mac

6:00 - 8:00 PM

CLOSING REMARKS & RECOGNITION OF INNOVATORS NETWORKING RECEPTION

Registration REGISTRATION CONFIRMATION

Registration is NOT confirmed until payment has been received by MCCA. Electronic confirmation of your registration will be sent within ten business days of receipt of payment or upon completion of payment process if registering online. Full registration includes access to conference sessions, electronic course materials, and scheduled meals. Program sessions are subject to limited attendance due to facility capacity constraints, so please pre-register for your desired courses. MCCA is not responsible for any expenses associated with travel, lodging, or other costs incurred by the registrant, including in the event that MCCA must cancel the conference for any reason. Audio or video recording or transcription of any portion of the seminar is prohibited unless express consent is granted by MCCA.

HOUSING

MCCA is holding a block of rooms at the Marriott Marquis Hotel at the rate of $329/ night (single/double). For reservations, call 800-843-4898 and indicate you are attending MCCA’s 2011 Creating Pathways to Diversity® Conference to receive the group rate. You can also reserve a room online by visiting www.mcca.com and clicking on the Creating Pathways to Diversity® Conference link.

SUBSTITUTIONS AND CANCELLATIONS

All cancellations must be received in writing; telephone cancellations will not be accepted. Cancellations received in writing by September 1, 2011 will be fully refunded minus a $50.00 administrative fee. Individuals canceling in writing after September 1 but prior to September 19 will receive a full credit towards attendance at MCCA’s 13th Annual Creating Pathways to Diversity Conference (only monies paid for the 12th Annual Creating Pathways to Diversity Conference will be credited; after applying credit, any balance due is the responsibility of the registrant). If written confirmation of cancellation is not received by September 19, no refunds or credits will be issued of any kind. Credits will be processed after the meeting. Substitutions are always welcome; please submit a written request along with a completed registration form for the new individual in order to transfer the registration. Cancellations and requests for substitutions should be submitted to education@mcca.com.

DISCOUNTED AIRFARE

Travel discounts are valid September 24-29, 2011 to New York, NY (EWR, HPN, JFK, LGA).To make a discount reservation, please call American Airlines Meeting Services Desk at 800-433-1790 or go to www.AA.com and use promotion code 2791AN.

Marla S. Persky Senior Vice President, General Counsel & Secretary Boehringer Ingelheim USA Corp.

Mayda Prego Senior Counsel Chevron Africa & Latin America Exploration & Production Company Marci Rubin Executive Director California Minority Counsel Program Walter L. Sutton Associate General Counsel Wal-Mart Stores, Inc.

Join us for MCCA’s Diversity Honors Gala!

September 27, 2011 Contact Jennifer Chen at 202-739-5902 or www.mcca.com/gala

Session Descriptions OPENING PLENARY SESSION: Revisiting the Business Case for Diversity What has changed in your organization over the last 3-5 years? Probably a lot! Here is your opportunity to revisit the business case for diversity within your organization to account for new gains and losses. What role is diversity playing now?

What are your organization’s new needs in making it more diverse? Is diversity a moving target? How have changes in the demographics in your organization affected the case for diversity? This discussion will be a fresh look at the business case for diversity. Learn what has changed, and what hasn’t, as you continue your advocacy work.

LUNCHEON PROGRAM: Her Stories: The Evolving Role of Women in Business & Law Serving as general counsel of a major corporation is perhaps the apex of achievement for any lawyer in America. Although the U.S. has thousands of qualified lawyers, only a select 500 can hold this position for the largest public companies in the country–the Fortune 500. The impressive narrative of the journey of women ascending to these positions in waves over the last 30 years has been recorded in a new book about women general counsel. Our panel will feature a review of this new work, as well as a chance for you to hear directly from some of the dynamic women who have personally travelled this road. This is a rare insider presentation not to be missed!

LAW FIRM TRACK 101. The Interplay between the Corporate Legal Spend, Diversity &

a career in law and in corporate legal departments. This inspiring session will cover a variety of programming across the country designed especially for the pre-collegiate pipeline of diverse talent. Learn how you can get involved and what your legal department can do to impact this very important issue.

202. Special Considerations: The In-House Lesbian, Gay, Bisexual & Transgender Lawyer Experience This session is designed to help you learn whether there are issues facing lesbian, gay, bisexual and transgender attorneys in corporate legal departments that are unique. The panel will cover the perceptions and experiences of LGBT attorneys in corporate legal departments; the impact of sexual orientation, gender identity, and gender expression on the professional development, opportunities, and career progression of LGBT attorneys in corporate legal departments; and how corporate legal departments can create and maintain inclusive environments that ensure equal opportunities for the success of LGBT attorneys. You will walk away knowing how your corporate legal department can create a lesbian, gay, bisexual, and transgender friendly workplace today.

203. Chief Legal Diversity Officers & Minority Counsel Liaisons: Growing Trend or Idealist Hope?

The July/August issue of the ACC Docket recommends that general counsel elevate the importance of diverse attorneys representing the company by establishing an internal position of chief legal diversity officer or minority counsel liaison. Learn which companies in the profession have already done this. What can your company learn about creating such a role? This discussion will focus on the pros and cons, best practices, and strategic plans for creating such an innovative position.

MARKETING DIVERSITY TRACK 301. Affinity Groups: A Study of Model Programs at Law Firms

Client Satisfaction

& Legal Departments

Every law firm lawyer wants a satisfied client; especially a client satisfied with the firm’s services, diversity and its fees. This session is about keeping the business on all fronts. You will learn about the corporate budget, how legal spending as corporate overhead is managed aggressively, how billing by diverse attorneys factors into this review, and how expenses are scrutinized by internal stakeholders.

This discussion will also cover how you can test your client’s satisfaction with your services and fees. Come hear directly from in-house counsel about how you can really retain their business.

A large percent of Fortune 500 companies have “affinity groups” which are typically formed voluntarily by employees to address issues of common interest relating to a particular characteristic commonly associated with diversity, such as race or gender. They are often created to boost employee morale, increase productivity, attract and retain diverse talent and may be used as a marketing tool for business development. Many legal departments have adopted such groups for their lawyers and affinity groups are increasingly being introduced at law firms as well. Has your organization considered creating affinity groups? What are the risks and rewards? How do you sell the idea internally? Are they effective and how do you go about getting your lawyers involved? This informative discussion will help you answer your most pressing questions about whether this program is a good fit for your legal department or law firm.

102. Beyond Race, Gender & Ethnicity: The Advancement of Latinas in Large Law Firms Hispanic women make up approximately 7 percent of the U.S. population but only 1.3 percent of the nation’s lawyers. According to the report “Few and Far Between: The Reality of Latinas in the Legal Profession,” the culmination of a year-long study conducted by the HNBA’s Commission On the Status of Latinas in the Legal Profession, there are documented obstacles facing Latina lawyers in the profession. The intersection of gender, ethnicity, and race is a significant challenge for Latinas, many having encountered a multi-layered glass ceiling that acts as a three-way threat to their careers. This discussion will focus on these challenges and what law firms can do to specifically support the needs of this population of lawyers.

LAW DEPARTMENT TRACK 201. Inspiring the Very Youngest: Corporate Legal Departments & Pre-collegiate Pipeline Initiatives The path from elementary, middle and high school to corporate legal departments seems like a long road. But, many legal departments are doing their part to encourage the very youngest in our diverse society to consider

CAREER STRATEGIES TRACK 401. Who’s the Boss?

What kind of boss are you? Lawyers do not always get formal training on or feedback about their performance managing people, projects, turn over, motivating staff, leveraging diversity and differences among staff members, or their hiring and firing decisions. However, lawyers must possess these critical human resource skills to lead productive teams and deliver legal services to in-house and outside clients. This interactive session will test your skills for managing problems as a boss. Will you pass the test for determining who’s really the boss?

402. Lawyer Executives: A Behind the Scenes Look at JDs in the C-Suite Do you love the business being transacted behind the law you are practicing?

Have you ever wondered what it might be like to be a lawyer in the top executive seat at a Fortune 500 company? This interesting discussion will give you a glimpse of what it is like to lead a large corporation while being a lawyer. Learn how to better serve your business and legal clients, and if you are really interested, what it will take for you to get to the C-suite!

403. When It Stops Raining: A Study of Outsourcing and the Pulse of Legal Business What happens when your in-house legal department downsizes or outsources some or all of your work? What happens when you as a rainmaker hit a drought?

After so many years practicing, you may find that you need to fend for yourself more than ever before. This session will inform you on how to handle these types of changes in your career or organization. You will learn strategies on how to keep ahead of the pulse of your industry or business. This session will cover where the hot new business is coming from and help you learn how to figure out where your client’s business needs may be going? Join this discussion to learn best practices for managing your long-term career trajectory.

WORK PLACE 2020 TRACK 501. Attitudes & Opinions: Generation Y Speaks about their Workplace in 10 Years MCCA is engaged in an effort to assist the legal profession revamp its approach to human resources to meet the challenges of the career advancement of Generation X and Y. MCCA is conducting a study of the views of Generation Y attorneys about what they hate and like about today’s legal workplace, and what the workplace would look like if they could be in charge. This panel will present the results of this study and discuss how organizations can best prepare for these coming changes. Don’t miss this opportunity to stay ahead of the curve in preparing your organization for the workplace in 2020!

302. Driving Change: Inspiring Titleless Leaders in Your Organization How do you motivate your staff to drive change on diversity when they are not decision makers? Is there such a thing as leadership without a title? This discussion is designed to help you inspire your team to be leaders, even when they do not have a leadership role. From the administrative professionals in your organization, to the most senior lawyers in the group, each of us can play a part in advancing diversity. This session will give you key strategies to take home and share with those you manage to keep them motivated.

103. Transparency & Advancement of Diverse Law Firm Attorneys How transparent is your law firm about partnership and management? Do the women, racial/ethnic minority, and LGBT lawyers in the firm really know how to become partners, the process for successful ascension within the partner ranks, how to go from income to equity partnership, and how to get into firm management? Come discover the risks and rewards for making this information available. Learn best practices for helping your diverse lawyers stay informed about how to advance in your law firm.

it takes to participate. Hear the success stories and best practices of member companies in developing key relationships with MWBE law firms and in their use of these firms for a wide array of complex legal matters.

303. The Inclusion Initiative: Corporate Collaboration & the Use of Minority & Women Owned Law Firms In 2010, 11 major corporations, along with the National Association of Minority and Women Owned Law Firms (NAMWOLF), created the Inclusion Initiative. The Initiative is an organized effort to maximize the relationships between corporate legal departments and minority and women owned law firms (MWBE) throughout the U.S. and was created to have a demonstrable impact on diversity in the legal profession. Through this initiative, these pioneering companies committed to collectively spend $30 million with MWBE law firms in the first year and challenged other companies to follow their lead. The goal was surpassed, with member companies having spent $42.6 million with MWBE last year. This year, the Initiative has grown to 17 companies with a $70 million goal. Join this session to learn more about the Inclusion Initiative from leaders of the member law departments and what

502. Leveraging a New Generation of Cultural Competency As a whole, Generation Y attorneys may have been more exposed to various cultures than any previous generation and may be the most savvy generation using social media. Organizations are doing business all over the world, and being in tune with cultural differences is an imperative to be competitive.

Responding to globalization of the workplace, employees worldwide are developing a new suite of cross-cultural, language and technology skills that will equip them to prosper in a more multinational environment. This session will discuss how generational diversity issues intersect with globalization; how knowledge about global issues can serve lawyers in the profession; and how your organization can leverage these changes to grow business, make the workplace more desirable to attract the best talent and succeed.

503. The Transition of a Generation: How Your Organization Can Successfully Navigate the Exodus of Baby Boomers Within almost every organization, increasing numbers of senior attorneys will be retiring in the next several years. Organizations are responding to this demographic transition in various ways with a goal of assisting and supporting succession/transition planning over time. What are take home strategies for your organization for dealing with these changes? Come learn how your organization can be uniquely prepared to handle this transition, whether you are at a law firm or in a legal department.

Monday, September 26, 2011

12th

Annual

Registration Form CONTACT INFORMATION

12th Annual Creating Pathways to Diversity® Conference | Marriott Marquis Hotel | New York, NY

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3 WAYS TO REGISTER ONLINE www.mcca.com (credit card only)

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

ASSOCIATION FOCUS

BY KARA MAYER ROBINSON

NORTH AMERICAN SOUTH ASIAN BAR ASSOCIATION (NASABA)

40

A key issue that brought this to light involved civil rights issues surrounding the events of September 11, 2001.

Following the terrorist attacks, Muslim Americans faced an onslaught of civil rights violations, hate crimes, and selective prosecution.

PRIOR TO THE TURN OF THE 21ST CENAs a result, a primary initiative of NASABA focused TURY, AN INDIAN ATTORNEY IN NORTH on offering insights into such issues in the judiciary AMERICA was likely to be one of few South Asian process. The organization continues to draft and submit attorneys in the state in which he or she practiced. There amicus curiae briefs as a means to enlighten and support were only a handful of local South Asian bar associathe legal process as well as the community at large. The tions (SABAs). The National Asian Pacific American Bar organization recently sent a letter to U.S. Rep. Peter Association (NAPABA), a national organization for Asian King (R-NY) expressing its concern over hearings by his attorneys in the United States, was available as a resource, Committee on Homeland Security regarding the radicalbut its membership was predominantly Chinese, ization of Muslim Americans. The letter was signed by Japanese, and Korean.

15 NASABA chapters There was no national and reiterated concerns organization attuned to initially voiced by its the specific experience New York chapter: of the South Asian1 “By narrowly targeting population.

Muslim Americans, the Soon after, however, committee’s hearings the landscape changed. perpetuate the steThe numbers of South reotype that Muslim Asians practicing law in Americans, by virtue North America increased of practicing Islam, are and the local SABAs more likely to commit —ANNAPOORNI R. SANKARAN recognized that there acts of terrorism.” was a clear need for a “We try to be a national association. In resource,” Sankaran 2003, eight local associations joined together to create the says. “We’re not pointing fingers, but we want to be part North American South Asian Bar Association (NASABA) to of the discussion and offer to help move the situation promote the South Asian bar and support the rights and liberforward toward a better resolution.” ties of South Asians across the continent.

In doing so, the organization relies on input from nine internal committees: amicus, convention, criminal justice, UNIQUE PERSPECTIVE endorsements, immigration, membership, newsletter, pub“South Asians were a small segment of NAPABA but we lic interest, and public relations. These committees advise grew and we had unique issues to deal with,” explains the national organization on specific topics.

Annapoorni R. Sankaran, president of NASABA. “Even ATTORNEY SUPPORT though we’re all technically part of Asia, there are factors Currently, NASABA is one of seven national affinity bar and issues that don’t necessarily impact all Asians. Our associations in the U.S. There are 27 chapters throughout history is different and our background is different. So our North America representing more than 6,000 South Asian perspective and voice is different.”

“IT’S NOT JUST A NETWORK, BUT AN ENTHUSIASTIC, SUPPORTIVE NETWORK WHERE PEOPLE HAVE EACH OTHER’S BACK.”

DIVERSITY & THE BAR®

MAY/JUNE 2011

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attorneys in the U.S. and Canada. Members are engaged in private practice, corporate counsel, academia, public interest, and government.

NASABA is primarily volunteer-based, with one full-time executive assistant and one part-time executive director.

NASABA has a network of 10 sections dedicated to various practice areas. These sections, which include business law, corporate counsel, employment law, intellectual property, international law, judges, legal education, litigation, prosecutors, and a women’s attorney network, provide networking opportunities to members of local chapters, as well as educational opportunities. For example, last April the litigation section held a seminar on redistricting, which was set up to offer CLE credit for members.

“NASABA is a global positioning system for South Asian attorneys,” Sankaran says. “A number of our members have paved the way [to success]. They know what it takes and want to show younger attorneys how to do it. It’s not just a network, but an enthusiastic, supportive network where people have each other’s back.”

Sankaran points to Sri Srinivasan, partner at O’Melveny & Myers LLP, as the personification of this system.

Srinivasan has argued 16 cases before the U.S. Supreme Court, worked in the Office of the Solicitor General for five years, and is a lecturer at Harvard Law School. He is also the recipient of a number of awards and recognitions, including NASABA’s Cornerstone Award.

Srinivasan also exemplifies the supportive nature of NASABA. “He always lends his time and doesn’t hesitate to help. Younger members reach out to him and he responds, despite how much he has on his plate,” Sankaran says.

Another important initiative of the organization is to improve the representation of South Asians in government and in the judiciary. As the population of South Asian attorneys and the strength of NASABA’s pipeline continue to grow, NASABA is seeing this initiative yield results.

Recently two of its National Advisory Council members, Preeta Bansal and Neal Katyal, were appointed to senior positions in the Obama administration: Bansal MCCA.COM

as general counsel and senior policy advisor at the Office of Management and Budget, and Katyal as the principal deputy solicitor general at the Department of Justice. Sankaran notes that NASABA has high representation within the Obama administration.

CHAPTER AND COMMUNITY SUPPORT

The organization also serves as general counsel for local chapters. “Some chapters were vibrant before us,” Sankaran explains. “We help them employ best practices.” Th is means assisting with the nuts and bolts of running a chapter, such as obtaining nonprofit status and establishing corporate structure, as well as providing a national voice. “If they need to express an opinion, we can help,” she adds.

Currently, NASABA is putting significant effort into spreading the word about its 2011 national convention, which will be held June 23-26 in Los Angeles. The caliber of speakers has been increasing over the years, Sankaran says, and she hopes that this will attract greater numbers of attendees. Much of the organization’s strength is in its strong internal network. The convention will provide ample opportunity to build on that asset.

“What I admire so much about NASABA is the people who started it,” Sankaran adds. “They had a vision, could see the big picture and went through extraordinary effort to use this vision and bring it to fruition. I’m thankful to them to be part of this process going forward and I hope to shape it in a way that others can benefit from as well.” D&B 1

According to the United Nations geographical classification, the South Asian population comprises the countries of India, Pakistan, Bangladesh, Bhutan, Nepal, Maldives, Afghanistan, Iran, and Sri Lanka.

Kara Mayer Robinson is a freelance writer based near New York City. For more information on NASABA, visit NASABA.com or email info@nasaba.com. To register for the 2011 convention, visit NASABAconvention.org.

MAY/JUNE 2011

DIVERSITY & THE BAR®

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DIVERSITY NEWS

BY JOSHUA H. SHIELDS

GOLF TOURNAMENT PROVIDES IDEAL ENVIRONMENT TO NETWORK THE BROTHERS GARNER ROCKED THE BLUE MONSTER AT DORAL GOLF RESORT & SPA OUTSIDE MIAMI TO BECOME THE TOAST OF THE GENERAL COUNSEL INVITATION (GCI). First-time attendee Michael

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Garner of eTera Consulting won the Lawyer’s Cup Challenge, the single-player tournament, with a net score of 70. His brother, Timothy Garner of TransPerfect Legal Solutions, another first-time attendee, joined General Mills General Counsel Rick Palmore, Billy Martin of Dorsey Whitney, and Jennifer Groves of Hughes Hubbard, who was also making her first trip to Doral, to capture the teamtitle for the GCI.

Linda Lu and Adonica Wada enjoy the scenic greens of Doral Golf Resort & Spa.

DIVERSITY & THE BAR®

MAY/JUNE 2011

This year’s GCI, held April 13-16, was the closest tournament to date. For the first time there was a three-way tie for first place. All three teams scored a 64—which was nine under par for the course. The winner was decided by the best score on the par 3 holes.

“This was the best work event I have ever attended.

Not only was I able to network but I had a terrific time doing so,” says Timothy Garner. “This was my first time attending and it will certainly not be my last—it is my intent to defend the title! More importantly, I want to return to bond with my new teammates and new friends from MCCA. I am sending everyone at TransPerfect my personal recommendation to attend next year.”

Garner’s victorious teammate Billy Martin agrees. “I will be back next year trying for the three-peat with a big bull’s-eye on my back,” says the back-to-back team-title GCI victor. “We had an outstanding team this year. We were as diverse as they come—one general counsel, one vendor, and two lawyers—whether we needed a strong drive, a delicate putt, or a big stroke, our team delivered.”

The event was more than just gorgeous sunsets and manicured greens. Over 200 people attended five outstanding and informative CLE sessions. The topics included “The Whistleblower,” wherein internal investigations are examined, and how to deal with employees who turn hostile and threaten to go public. MCCA’s Lori Garrett moderated a panel on social influence, the change in an individual’s thoughts, feelings, and behaviors that results from interaction with another individual or group.

Other panels explored the sometimes cynical relationship between corporate legal departments and outside counsel. “I was a speaker on the ‘Talk Is Cheap’ panel, which focused on diversity efforts by in-house counsel and outside firms,” says Linda Lu of Allstate Insurance Company. “I’ve been on other diversity panels but this one was one of the most engaging CLEs on the issue. It was Diversity 2.0. We discussed ‘tough’ questions about whether diverse attorneys are getting credit and if not what in-house attorneys can do to make sure they are getting credit.”

MCCA.COM

Michael Garner celebrates after winning the Lawyer’s Cup Challenge.

43

MCCA’s Jen Chen, second from right, congratulates the wining team.

The CLE classes closed tionship is not ‘transactwith discussions from ing’ business—rather, it Staples’ General Counsel is about getting to know Kristin Campbell and each other as people Palmore on their personal rather than as attorneys. commitments to diversity That is what makes and a look towards the networking so successful future with a roundtable at the GCI. discussion with the lead“I would definitely —TIMOTHY GARNER ers of the country’s top like to attend GCI next executive search firms. year and recommend The combination the experience to any of engaging classes, competitive golfing, and a relaxing in-house or law firm attorney,” Lu continues. “We need spa created an ideal environment for networking. “What to make an investment in our own careers as well as for makes the GCI unique,” explains Lu, “is that, unlike the advancement of diversity in the legal profession by other conferences, the focus of the in-house/partner relacoming to the GCI and being engaged.” D&B

“I WANT TO RETURN TO BOND WITH MY NEW TEAMMATES AND NEW FRIENDS FROM MCCA.”

MCCA.COM

MAY/JUNE 2011

DIVERSITY & THE BAR®

MOVERS & SHAKERS

PAUL LANCASTER ADAMS Associate General Counsel Microsoft Corporation

44

Paul Lancaster Adams has joined Microsoft Corporation’s United States Government Affairs group (“USGA”) as Associate General Counsel serving on the company’s USGA leadership team. His role includes support of strategic executive projects, strategizing for interoperability, and driving attention to and promoting fair competition principles, as well as advocating on key issues to those within the government elite ecosystem.

Before joining Microsoft, Adams was a partner at the Philadelphia, PA, office of Montgomery McCracken Walker & Rhoads, where he represented large publicly traded corporations. Adams received his B.A. from Virginia Commonwealth University and his J.D. from Wake Forest University School of Law.

COMPILED BY JOSHUA H. SHIELDS

LILA A. JABER

VICTOR D. VITAL

LAURA WITTE

Shareholder Gunster

Shareholder Greenberg Traurig, LLP

Corporate Vice President, General Counsel and Corporate Secretary Cargill

Lila Jaber is a shareholder and leader of Gunster’s new government affairs practice in Tallahassee, FL. She provides strategic advice and counsel on a number of issues including utility-related matters like rate case development and negotiations. She has been twice appointed to Florida’s Public Service Commission

by Governor Jeb Bush, where she served as both commissioner and chairman. Jaber has an extensive background in public affairs, energy, natural gas, water, telecommunications, and broadband policies. She also advises clients on issues before the Florida attorney general’s office, the Florida legislature, and the Office of the Governor.

She received her J.D. from Stetson University College of Law and her B.A. from Stetson University.

Victor Vital has joined Greenberg Traurig’s Dallas office as a shareholder in the litigation practice group.

His practice focuses on complex commercial disputes, white collar and other criminal matters, franchise litigation and banking, and financial services litigation. He has experience defending businesses and individuals in unfair competition matters, trademark disputes, copyright disputes, media litigation, commercial tort disputes, and in products and professional liability matters. Prior to joining Greenberg Traurig, Vital was a partner with Baker Botts in Dallas. He holds a J.D., summa cum laude, from Texas Southern University Thurgood Marshall School of Law, and a B.S., magna cum laude, from Oakwood University.

Laura Witte is Cargill’s new corporate vice president, general counsel, and corporate secretary. She succeeds Steve Euller, who retired after 32 years of service to the company. She will oversee the legal needs of Cargill’s global operations. In her previous role, Witte was vice president and general counsel for Cargill’s North Americanbased businesses. She has also worked for Cargill overseas. In 2005, she served as the company’s deputy general counsel for its European business. Prior to that, she was Asia Pacific general counsel. She joined Cargill in 1985 as an attorney in Minneapolis. Witte earned her law degree from Drake University and holds a bachelor’s degree in public policy from the University of Chicago.

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®

MAY/JUNE 2011

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8th Annual

General Counsel Invitational

Diversity Leadership Summit

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Contact Jennifer Chen, Vice President - External Relations, jenchen@mcca.com, (202) 739-5902

+62

he Scale MCCA WEIGHS IN ON THE NEWS

The Future of America Is Diverse The population decrease of white children was offset by the growth of young Asian and Hispanic Americans, according to the 2010 U.S. Census. The number of non-Hispanic whites fell in 46 states and 86 of the 100 largest metropolitan areas. In 10 states, white children are now a minority among their peers, including six that tipped between 2000 and 2010. Other states will join the trend: In 23 states, minorities make up more than 40 percent of the child population.

The birth rates of African American and Native American children also fell, but by a much smaller degree than white children. The data show the extent to which the United States has become dependent on minorities—Hispanics in particular—for the next generation of Americans. +2

Diversity Doesn’t Factor into Law School Rankings 46

Diversity is not a factor in U.S. News & World Report’s law school rankings.

Doing so would create a solid incentive for law schools to bolster diversity efforts.

Critics say that the U.S. News rankings have a negative impact on diversity because of the weight placed on criteria such as median LSAT scores, since minorities on average score lower on standardized tests. Researchers have found the preference for students with high LSAT scores has led schools to increase merit-based scholarships at the expense of need-based ones. -3

Obama Administration Won’t Defend Defense of Marriage Act The Obama administration will no longer defend the federal law that bans the recognition of same-sex marriage because it considers the legislation unconstitutional.

The 1996 Defense of Marriage Act defines marriage as between a man and a woman and denies marriage-based federal benefits to same-sex married couples. After an extensive review, the administration found the law’s key section unconstitutional.

The change in position, however, is more symbolic than legal. Although the administration will no longer defend the law, any member of Congress may do so. +1

Elite Colleges Still Aren’t Diverse How many Harvard students come from the bottom 50 percent of income distribution? 50 percent? Lower. Much lower. Only 6.5 percent come from the bottom half of the income distribution. William Bowen, an economist, found that elite colleges give zero credit in the applications process to students from low-income families. All else equal, a poor student who scored equally as an affluent student had no better chance of being admitted—despite all the advantages the affluent student had. -2

“Glee” and “Modern Family” Share Diversity Award Untraditional families are being portrayed on network television—and drawing huge audiences. The 22nd annual GLAAD Media Awards, which are sponsored by the Gay and Lesbian Alliance Against Defamation, recognized “Glee” and “Modern Family” for breaking down gender barriers and portraying mixed race and gay marriages with humorous yet sincere characters. The shows are on mainstream television and represent a shift toward understanding more diverse people and families. +1

Radicalization Hearings a ‘Low Point’ for America U.S. Rep. Peter King (R-NY), the chairman of the House Committee on Homeland Security, held a congressional hearing to address homegrown Islamic terrorism. The hearing brought to mind historical injustices like McCarthyism and the internment of Japanese Americans during World War II. At their best, the hearing offered a place for Muslim Americans to further cooperate with detractors. -4

THIS ISSUE’S READING: -5 LAST ISSUE: +67

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MAY/JUNE 2011

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