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® ® January/February 2012

DUPONT’S LEGAL NETWORK

MAKES STRIDES 2012 SURVEY FULL REPORT

THEY HAVEN’T FINISHED THE RACE, BUT THEY ARE LEADING THE PACK.

OLIVER W. HILL’S FIGHT AGAINST INEQUALITY PAGE 26

NAPABA’S BEST UNDER 40 PAGE 36

D I V E R S I T Y

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K E Y

I N G R E D I E N T

At Perkins Coie, diversity is an essential ingredient that helps us create the best solutions for our clients. We value and encourage diverse viewpoints and draw upon them to resolve our clients’ business and legal challenges. Diversity adds perspective and creativity to what we do. It is a key ingredient to our success.

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In recognition of MCCA’s contributions to the legal community, Morgan Lewis and the D.C. Diverse Partners Network hosted a welcome reception for Joe West, President and CEO of MCCA. The reception took place on November 7 at Morgan Lewis’s Washington, D.C., ofﬁce.

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ort This communication is provided as a general informational service to clients and friends of Morgan, Lewis & Bockius LLP. It should not be construed as, and does not constitute, legal advice on any speciﬁc matter, nor does this message create an attorney-client relationship. Attorney Advertising. © Morgan, Lewis & Bockius LLP. Photo credits: DuPont Photographers.

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January/February 2012

40 40 FEATURES

18 DuPont’s Legal Network Makes Strides DuPont wants to win the diversity and inclusion race. The company took the pulse of its network firms to assess the state of diversity and inclusion among minority attorneys. The survey found that while diversity is very important to firms, many attorneys of color are lacking client contact, work-life balance, and mentoring relationships. The survey offers areas for improvement as well as the ground already successfully covered. DuPont’s firms have not finished the race, but they are leading the pack.

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BY DON C. BROWN AND RODRIGO E. SALAS

26 The Vanguard of Change

p.18 DuPont’s Legal Network 2012 Full Survey Report

0 COLUMNS

DEPARTMENTS

8 Notes from the President & CEO

44 Association Focus

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

Ben Foss BY TOM CALARCO

14 Lawyer’s Lantern Offering illuminating professional guidance for your career. BY LORI L . GARRETT

16 Spotlighting DeMaurice Smith BY PATRICK FOLLIARD

Mexican American Legal Defense and Educational Fund (MALDEF) BY KARA MAYER ROBINSON

46 Diversity News

In honor of Black History Month, Diversity & the Bar looks at the remarkable career of attorney Oliver W. Hill Sr., one of the pivotal lawyers in the Civil Rights Movement. A Presidential Medal of Freedom recipient, he was instrumental in reversing segregation laws in Virginia. He was lead counsel for Davis v. County School Board of Prince Edward County, one of five cases incorporated under Brown v. Board of Education. BY TOM CALARCO

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36 Honoring NAPABA’s Best Attorneys Under 40 The National Asian Pacific American Bar Association recognizes 20 of the nation’s most distinguished attorneys from around the country and across the legal spectrum. BY AZIZAH AHMAD

MCCA’s New Research Report BY LORI GARRETT

48 Movers & Shakers 50 The Scale MCCA Weighs the News BY JOSHUA H . SHIELDS

2011 STRATEGIC DIVERSITY SPONSORS

p.36 CORRECTION: In our last issue, President Barack Obama’s name was misspelled. We regret the error.

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

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 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.

3M Company AT&T Accenture LLP AdvoServ AECOM Allstate Insurance Altria Group, Inc. American Airlines, Inc. American Express Company American Lawyer Media Aon Corporation 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 Estée Lauder 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. Lighthouse Document Technologies Liquidity Services, Inc. Macy’s, Inc. Marriott International, Inc. MassMutual Financial Group Mattel, Inc. McDonald’s Corporation Merck & Co., Inc. MetLife Microsoft Corporation MillerCoors Monsanto Company Morgan Stanley Nationwide Mutual Insurance Company National Grid Navistar, Inc. Neighborhood Defender Service 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 Sodexo Sony Electronics, Inc. Southern California Edison Company Staples, Inc. Starbucks Coffee Company Starwood Hotels & Resorts Worldwide, Inc. Rosetta Stone Inc. Synopsys, Inc. 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. Alexander & Associates Arrastia & Capote LLP Beveridge & Diamond, PC Bressler, Amery & Ross PC Bricker & Eckler LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butler, Snow, O’Mara, Stevens & Cannada, PLLC

Courington, Kiefer & Sommers, L.L.C. Davis & Gilbert LLP DeMahy Labrador & Drake, PA Epstein, Becker & Green, PC Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Fitzpatrick, Cella, Harper & Scinto Frost Brown Todd LLC

Advertising For advertising inquiries, contact Lucy Jones, ACC, at jones@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®, 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-in-Chief, 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

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Goldberg Segalla, LLP Ice Miller LLP Igbanugo Partners International Law Firm Jeffrey Samel & Partners Kenyon & Kenyon LLP King Branson LLC Lathrop & Gage LLP Leader & Berkon LLP Lim Ruger & Kim LLP

McGuireWoods LLP Miller Law Group Montgomery, Barnett, Brown, Read, Hammond & Mintz LLP Morgan, Lewis & Bockius LLP Nicolson Law Group LLC Pepper Hamilton, LLP Porzio, Bromberg & Newman, PC Quintairos Prieto Wood & Boyer, P.A.

Copyright Copyright® 2012 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

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Rivero Mestre, LLP Rooney Rippie & Ratnaswamy, LLP Sanchez & Amador, LLP Sanchez-Medina Gonzalez Quesada Lage Crespo Gomez & Machado LLP Schwartz Hannum PC Sher Garner Cahill Richter Klein & Hilbert LLC Shook, Hardy & Bacon LLP

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DIVE R S IT Y: TH E ART OF TH I N KI NG I N DE PE N D E NTLY TOG ETH E R — MALCOLM FORBES

For more information about our diversity initiatives contact: Dionne M. King Diversity and Associate Development Manager 816-460-5276 dking@lathropgage.com

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The choice of a lawyer is an important decision and should not be based solely upon advertisements. Lathrop & Gage LLP, 2345 Grand Boulevard, Kansas City, Missouri 64108. In California, Kansas or Missouri, contact Kim Wingate at (816) 292-2000. In Colorado, contact Phill Lorenzo at (720) 931-3200. In Illinois, contact Blaine Kimrey at (312) 920-3300. In Massachusetts, contact Giulio DeConti at (857) 300-4000. In New York, contact Bill Hansen at (212) 850-6220.

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Notes

From the President & CEO

ANNOUNCING THE ACADEMY

MCCA FINISHED 2011 IN A VERY STRONG FASHION: We delivered important research offerings, provided excellent networking and CLE events, continued to strengthen our corporate, firm, and organizational connections, and further assisted the pipeline effort through our mentoring and scholarship programs. Finally, I believe our MCCA Diversity Honors Gala has set the standard for events seeking to recognize corporations, firms, and individuals who have made important strides in the area of diversity and inclusion. We cannot, however, rest on our laurels. Upon assuming leadership of this organization in September, I committed to seeking the greatest possible return on investment for our stakeholders, especially the law firms that joined MCCA’s newly created Firm Affiliate Network (FAN). I believe by coordinating MCCA’s considerable assets—the extensive research portfolio; strong corporate, firm, and organizational connections; publishing; awards; and CLE programming/networking—we can provide comprehensive leadership and inclusiveness training while providing robust business development opportunities for our stakeholders. In that regard, I am proud to announce the creation of the MCCA Academy for Leadership and Inclusion, a 10-city pilot training program exclusively for MCCA members and FAN constituents. Working with the Center for Legal Inclusiveness, the Academy will provide comprehensive workshops designed to help member organizations and FAN constituents develop leadership and talent, identify cultural biases and micro-inequalities, remove structural barriers to inclusive workplaces, and help increase retention and opportunities for advancement. Since the training will pair our corporate members and FAN constituents, an added benefit will be the opportunity to strengthen business ties across existing or prospective attorney/client lines. The first training session will be held at the MCCA South/Southwest Regional Networking Forum in

Houston on February 15, 2012. Other training sessions will take place in conjunction with existing MCCA events in Chicago, Miami, Los Angeles, Washington D.C., and New York. In addition, we will round out the 10-city pilot program with events in Seattle, Kansas City, Atlanta, and Minneapolis. Our long-term goals are to monitor the progress made by the participants in the 2012 program, continue to ﬁne-tune the training, and provide additional support and training in future years. I also encourage you to scan the QR code in this column for a special video message and discounted registration to our spring CLE Expo, taking place in Chicago on March 20-22. Thank you for continued support, and if you are not a member, I hope our continued eﬀorts to illustrate the value of diversity and inclusion will convince you to join MCCA. JOSEPH K. WEST

President & CEO MCCA_law

www.facebook.com/mcca.law

Scan this QR Code with your mobile device for discounted registration to our spring CLE Expo.

Publications Staff President & CEO Joseph K. West Founder and Publisher Emeritus Lloyd M. Johnson Jr. Editor-in-Chief Joshua H. Shields

DIVERSITY & THE BAR®

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

JANUARY/FEBRUARY 2012

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

Contributing Writers Azizah Ahmad Don C. Brown Tom Calarco Patrick Folliard Lori L. Garrett Kara Mayer Robinson Rodrigo E. Salas Joshua H. Shields

MCCA.COM

Perseverance in Profile

BEN FOSS: MAKING A DIFFERENCE BY TOM CALARCO

Ben Foss embraces difference. The executive director of Disability Rights Advocates, a law firm that seeks to uphold the rights of the disabled, has trouble reading menus and labels due to his dyslexia, but sees this as a part of the journey his life has taken.

“I

think of dyslexia as a specific place, unique in many of its characteristics,” Foss says, using a metaphor, “and when I travel there, I’m like an immigrant in a different culture where people rely on written texts as a way to evaluate my competence.” The brains of dyslexics are wired differently than most others which results in difficulty or inability to process text, he explains. Some renowned dyslexics include Whoopi Goldberg, Richard Branson, Steven Spielberg, and George Patton. But they are all

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unique in the way their dyslexia manifests. “One in 10 people are dyslexic and there is a giant set of variations,” Foss says. “Most people who read this will probably know somebody who is dyslexic. The key is to support people who are dyslexic, and for dyslexics to be public about who they are. The more people who admit to it, the less scary and less different it becomes. This is important for all disabilities.” Like most dyslexics, Foss was identified when he started elementary school. When he was in second grade he was placed in special education. “The whole thing has been framed historically as an educational issue,” he says. “But it’s no more an educational issue than blindness. It has an impact on how you learn, but it’s not something you’re going to teach yourself out of.” Foss says that being placed in special ed made him more determined to succeed. “It left me feeling that I had something to prove,” he says, though that didn’t mean it was or even still is easy. “I still operate as someone who is LD,” he says, referring to his acronym for living with doubt, “and I have specific areas I don’t go near,” noting that he doesn’t rely on written communication for his main contact with people. What he needed to do was find another way to learn. Foss credits his mother with helping him figure out ways to deal with dyslexia so that he could become independent. Nevertheless, he says, having a learning disability requires accommodations and requires one to learn how to deal with being dependent on others. MCCA.COM

“We are all dependent on others in some way,” he says, noting ironically that the higher one rises on the totem pole of a corporation or position in government, the more he/she needs to rely on other people and delegate responsibilities. In seventh grade, he returned to the general school population, and like most dyslexics who become successful, he began to focus on what he could do well—in his case, sports. “It was a place to show my competence,” he says. “I was diligent and hardworking. The knock on dyslexics is that they’re lazy, but the opposite is true. You work three-tofour times harder.” He excelled as a goalie on the soccer team and a member of the downhill racing ski team in high school, both of which won state championships. Still, he tried to hide his learning disability. “I decided I wanted to learn Shakespeare because I could get the

plays on videotape,” he says. “Everyone assumed that I liked it, but I did it only because it was easier for me. I was hiding the real reason. It was part of the psychological stigma I was facing.” All people with disabilities have to deal with people who do not understand their issues, he explains. This is an issue that is “omnipresent” for him. As an undergraduate at Wesleyan College, he relied on the school’s writing workshop or his mother for assistance. He often faxed his term papers to her to proofread with him over the phone. He was very successful, and he was awarded a Marshall Scholarship to study in Edinburgh, Scotland, where he majored in philosophy. “I wanted to study there because I had done a lot of parliamentary debating, and the Scots are good at that.” Foss has a natural talent for public speaking and never uses notes. To have an unusual talent or intellectual gift is not uncommon among dyslexics or

those with other learning disabilities.1 His contribution helped his debating team win an important competition in the United Kingdom, the John Smith Memorial Mace, winning him an audience in Buckingham Palace with Prince Philip, the Queen’s husband. From Scotland, he enrolled at Stanford Law School. “The standards are so high there, you need the technology to succeed,” he says. “It was like I was back in special ed because they had all these accommodations for me. At that point, I had a talking computer, books on tape, things we don’t think of as accommodations anymore.” Buoyed by his successes in sports and debating, Foss wanted to connect with others who had similar experiences to help them achieve like he did. “I was frustrated that all the information about dyslexia was in books,” he says. “I thought that communicating through ﬁlm would be a great way to reach out to people.”

born, he says, of his frustration about access to information being limited to text. “I was just looking for a better way,” he says. “I was sitting at my desk and had this ﬂash.” Foss thought, why not combine the capabilities of a digital camera, Optical Character Recognition (OCR) scanner, and computerized voice-activated text into one machine. He presented the idea to Intel who gave him the green light. “I worked with some of the best designers in Silicon Valley,” he says. There were a myriad of decisions regarding the product: creating a user interface, selecting the operating system, considering the features for the library; there were the voices it would use and the buttons to operate it; there was the name by which it would be known, the colors of the housing unit, the countries to market it, and the legal challenges. It took three years to bring to fruition. Last year, Foss became the executive director of Disability Rights Advocates, a nonproﬁt with a mission to protect the rights of people with disabilities. “We do this [by advocating for] high-impact litigation,” Foss says. “We look for the most socially important cases that will support people with disabilities—we really listen to what people with disabilities tell us is important to them—and try to create a legal precedent that will force people to do the right thing.”

I think of dyslexia as a specific place, and when I travel there, I’m like an immigrant in a different culture where people rely on written texts as a way to evaluate my competence. 12

He formed a nonprofit, Initiative for Learning Identities, today known as Headstrong Nation. Its objective is to develop a sense of community and selfadvocacy for adults with dyslexia, attention deficit hyperactivity disorder, and other learning disabilities. He has since completed two films. The most recent is a half-hour documentary, Headstrong, which tells his story and the story of others he has met on his journey with dyslexia, and which can be viewed online at http://www.headstrongnation. org/documentary. The organization also provides information in audio books. “We recently held a conference,” Foss says, “and we’re actively working on developing an online community in education and employment.” After law school, Foss went to work for Intel, where he started in the venture capital group and ended up director of access technology. It led to perhaps his greatest personal achievement, the Intel Reader, a device about the size of a digital pocket camera that takes pictures of text and then activates a voice to read it back. It was DIVERSITY & THE BAR®

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A lot of what they do, Foss says, is advocate so that accommodations are always included for people with disabilities. One landmark case won by DRA involved Mark Breimhorst, a California man who has no hands and who asked for extra time to complete the Graduate Management Admission Test given by the Educational Testing Service (ETS) in 1999 and whose test was flagged because of this. The suit claimed that the flag was a form of illegal discrimination under federal disability laws. As a result, the practice of singling out the tests of candidates who take the test with accommodations for disabilities, called flagging, has been discontinued by ETS on all of its standardized tests. Among its important recent cases, still in litigation, is one involving military vets, whom medical professionals have shown to be suffering from post-traumatic stress disorder (PSTD) and yet whom the federal government has been denying benefits. The denial is extremely egregious because it was revealed in the initial trial litigated by the DRA that statistics compiled by the Department of Veterans Affairs indicate that 18 vets are committing suicide daily2, Foss says. “That means they’re more likely to take their own life than die in combat.” Ben Foss is among those persistent individuals who has transformed a barrier into a gateway, and is working to remove the barriers that hold others back. He has dedicated his life to the proposition that people who are different can make important contributions to our society if given the opportunity, and his example shows that those who are, should not be discouraged. D&B Tom Calarco is a freelance writer based in Altamonte Springs, Fla. 1

Brody, L. E., & Mills, C. J. (1997). “Gifted children with learning disabilities: a review of the issues.” Journal of Learning Disabilities, 30(3), pp.282-286 2 Editorial. “A Victory for Veterans.” New York Times 19 May 2011: A26 print and online: http://www.nytimes. com/2011/05/19/opinion/19thu2.html

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Featuring the Presentation of the Thomas L. Sager Award

Three People. Three Perspectives. Failure. Spontaneity. Do Overs. Doubt. Courage. Real talk. Real people.

2012

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.

Save the Date! February 15, 2012 – Soutwestern Regional Networking Forum

Houston Museum of Natural Science, Houston, TX March 20, 2012 – Midwest Regional Networking Forum Chicago Downtown Marriott, Chicago, IL May 16, 2012 – Western Regional Networking Forum California African American Museum, Los Angeles, CA June 5, 2012 – Mid-Atlantic Regional Networking Forum Newseum, Washington, DC

For more information, please contact: Jessica Martinez at jessicamartinez@mcca.com or 202-739-5901 MCCA.COM

JANUARY/FEBRUARY 2012

DIVERSITY & THE BAR®

Lawyer’s Lantern

A LETTER ON RENEWED COMMITMENT TO INCLUSION BY LORI L. GARRETT

Dear Lawyer’s Lantern:

I am a White male partner at a law firm. I am not sure how to advise an Asian American male senior associate on my team. He has expressed to me that he had been feeling pressure, when interacting with some other partners in the firm, to be a little different than the person he is. He has indicated that he has felt compelled to conform to our firm’s culture in a way that has felt inauthentic. He expressed that he even works to make some of our colleagues feel more comfortable about the discomfort they seem to have about his and their differences. Despite these challenges, he is interested in becoming a partner of the firm and has asked me for some advice about whether he has to keep up these efforts in order to advance. I think he is an excellent lawyer, a leader, and would be tremendously valuable to our partnership. However, not having his background and experience, I am not sure what to tell him and how to help him. Sincerely, Old year, old ways. New year, new ways!

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JANUARY/FEBRUARY 2012

ear Old year, old ways. New Year, new ways!:

Welcome to 2012! It is the beginning of the year, and your letter is a great opportunity for us to talk about how to throw away the old and ineffective habits of the past and to start with a new and fresh perspective for the present. This is also a wonderful question about mentoring across differences, celebrating differences, fighting biases and stereotypes, personally leading on diversity, and encouraging inclusiveness in the workplace. Before I set out telling you what you might say to this brave young man, let me praise you for creating an environment of inclusiveness and openness on your team! The fact that your associate felt comfortable pulling the curtain back on a very dark, uncomfortable, unfortunate, and rampant problem in today’s law firm—the feeling by some diverse lawyers that they have to assimilate into a firm culture not like their own—is noteworthy. You obviously have done your part in making the people who work with you feel comfortable in talking to you about hard issues, and it is clear that you have demonstrated a commitment to valuing the perspectives and contributions of others, which is excellent. MCCA.COM

It is time for a new paradigm in law firms and legal departments. The old guard’s tradition of subtly requiring colleagues who are diverse to assimilate is no longer acceptable. You actually have two responsibilities in connection with this circumstance. First, you have to advise your associate, which is why you wrote. Second, and this is a bonus responsibility I am reminding you about, you have to take advantage of a remarkable opportunity to impact your firm’s culture. It is time for a new paradigm in law firms and legal departments. The old guard’s tradition of subtly requiring colleagues who are diverse to assimilate is no longer acceptable and has to be changed across the profession. The advice you might give to your associate is simple: Be yourself. You must encourage him to be who he is and to resist the urge to be someone else to make others feel better about him. Diversity of perspectives can only have value if each of us stands strong and confidently in ourselves as different members of the same team. In supporting your associate, you will need to encourage him to seek out more mentors, including other Asian American males as well as other diverse mentors. You will need to encourage him to continue to challenge himself in whatever ways will uniquely develop him. Finally, you must continue to have open and frank conversations with him, and others, about diversity and inclusion in your firm. MCCA.COM

As for your other responsibility in helping to shift the culture in your firm, you are up against a big challenge, and I would not suggest you can do it alone. But we all must start somewhere. Since your associate is Asian American, let’s discuss some of the unique challenges that he may be facing. Have you ever heard of the term “bamboo ceiling”?1 It refers to the processes and barriers that often serve to exclude Asians, Pacific Islanders, and people of Asian descent from executive positions on the basis of subjective factors such as “lack of leadership potential” and “lack of communication skills” that cannot actually be explained by job performance or qualifications.2 Are you familiar with this concept? If not, get educated because you have to know the obstacles your colleague is up against. Are you aware of the stereotypes he is fighting? For example, is he subjected to the “model minority” stereotype? This stereotype assumes that all Asians are quiet, hardworking, family-oriented, high achieving in math and science, as well as self-effacing, non-confrontational, deferential towards authority, unassertive, and antisocial. Some of these qualities may describe your associate, but as with all stereotypes, not all of the standardized and simplified

conceptions are always true. Once you are educated about these types of issues, you can begin chipping away at the culture that is isolating him. One way to begin impacting this shift is to start telling your associate’s story. You can become an internal marketer for your associate and the idea that the firm should actively engage in greater acceptance and inclusion of others who may not be in the majority. Start telling your partners about who he is and the excellent lawyer and partner candidate you know him to be. Also seek out opportunities to tell others about times that he displays the behavior that is prized as successful in your firm. Fight against the unfair biases and stereotypes that others may have by talking about times when your associate demonstrates leadership, charisma, creativity, and aggressiveness for the client and calculated risk-taking— typically qualities that appeal to most employers regardless of the employee’s demographic. Over time, your partners will start to see how much you value your associate and how much he brings to the table, despite not being like everyone else. If you are persistent and consistent, you will educate others, and you will help your partners challenge their own biases and stereotypes. Even if your contribution seems small, your good efforts will slowly affect the culture at your firm. Good luck! Kindest regards, Lawyer’s Lantern

D&B

Lori L. Garrett is MCCA’s vice president and managing director for MCCA’s southeast region. She heads MCCA’s professional development services. Anne Fisher, Piercing the ‘Bamboo Ceiling’, Fortune, August 8, 2005, available online at http://money.cnn. com/2005/08/08/news/economy/annie/fortune_ annie080805/index.htm. 2 See deﬁnition of bamboo ceiling at http:// en.wikipedia.org/wiki/Bamboo_ceiling. 1

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Spotlighting

S 16

“GAME CHANGER” DeMaurice Smith BY PATRICK FOLLIARD

Without attorney DeMaurice Smith, there might not have been an NFL season this year. No exaggeration. As executive director of the National Football League Players Association (NFLPA), Smith successfully guided and—equally importantly—united players throughout protracted negotiations with team owners that culminated last summer in an equitable collective bargaining agreement, effectively ending an over 18 weeklong lockout and saving the 2011 season.

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eated in his spacious office in the NFLPA’s sleek Upshaw building (named for Smith’s predecessor, the late Gene Upshaw) in Washington, D.C., Smith says, “Before we struck a deal with the league in July, there was a real possibility that the season might be cancelled. The league had prepared itself financially and mentally. They thought the players would splinter. But that wasn’t the case.” Smith was unanimously elected executive director by a board of active player representatives in March 2009. Prior to becoming the man who would save football, he was a trial lawyer and litigation partner at Patton Boggs where he concentrated mostly on white-collar criminal defense and tort liability. And while a law degree is not essential for his current job, it certainly helps. “I’m also CEO, union leader, and trade association director. But my legal experience definitely gives me a comprehensive focus on a lot of the aspects affecting our business like antitrust laws and how things work on Capitol Hill.” His litigation experience came into play while negotiating the collective bargaining agreement, particularly with regard to strategizing and fast-paced problem solving. And though labor law was not in his background, he was unfazed. As a trial lawyer for 23 years, says Smith, he was frequently called upon to master varied practice areas. “When trying antitrust cases, you learn antitrust law, and when trying PVC cases you learn all about tort law. This time I immersed myself in labor law. When you’re leading a team, you have to know what you’re doing. For me there is no greater kick.” By the time a deal was struck, Smith had helped the players (more than 1,800 active NFL players and over 15,000 former players) to secure important demands from the league including better working conditions and an improved compensation and retirement package. Additionally, owners’ efforts to lengthen the season to 18 games, cap salaries, and do away with the players’ defined benefit plan were not met. Smith also persuaded the NFL to view injuries not as accidents but rather as expected occupational hazards. The injury rate in football is 100 percent, he says, and must be treated accordingly. And though former players are not entitled to lifetime health care, Smith and the rest of the negotiating team worked to improve many aspects of their post-career care. They protected the right to file for the top workers’ compensation benefits despite league objections. They also improved the funds and plans available MCCA.COM

for former players with disabilities which included eliminating the need to prove football causation in some cases. For Smith, health and safety were nonnegotiable. “As players in the most-watched sport, our union members are on a national stage. It’s the players’ obligation to recognize the factors that impact their business. And let’s remember this is very big business. Our deal with the owners is $10 billion a year for 10 years.” For Smith, the shift to representing union members has come quite naturally. “In this battle, my sympathies lie with the players,” he explains. “Ultimately, professional football is made possible by 53 guys on each team’s active roster and eight more on the practice squad. They work for a living and we represent them. That’s it.” A native Washingtonian who grew up in nearby Glenarden, Md., Smith has always been a Redskins fan (“If you’re from here, you live and die by the

viewers turn off their TVs and don’t see the players until next week, Smith is always dealing with player injuries and grievances. (At any given time, Smith is typically fighting for about 300 players’ workers’ compensation.) Smith continues, “Whether a flag is thrown or not, when there’s helmet-to-helmet contact, we represent the player who gives the lick and the player who gets the lick. Games are the big event; our job is to take care of players on and off the field.” Though Smith never played in the NFL, he played football in high school before going on to run track as an undergrad at Cedarville University in Ohio. He graduated with honors from the University of Virginia School of Law in 1989. His father is a former Marine, and his mother worked as a nurse. Following law school, he returned to D.C. where he was an associate at Schwalb, Donnenfeld Bray & Silbert, P.C. Some 20 months later, Smith accepted an invitation to join the U.S.

Games are the big event; our job is to take care of players on and off the field. Skins”). However, now that he knows the men behind the face masks he no longer sees games quite the way he used to. “The coolest part of the past two and half years has been getting to know the players I’d seen on TV. Now I’m just as happy to see (Redskins’ quarterback) Rex Grossman as I am to see (Arizona Cardinals’ wide receiver) Larry Fitzgerald score, or (Cardinals’ cornerback) Patrick Peterson run back another kick. No matter the ﬁnal score, it’s these players whom I’ve grown to respect a lot who win in the end, and that’s always good.” Knowing the cost of every game has changed his perspective. While MCCA.COM

Attorney’s Oﬃce in Washington, D.C. and remained through 1999. While there he held senior positions in the Violent Crime and Transnational and Major Crime Sections. He prosecuted over 100 jury trials and handled homicide, narcotics, and white-collar investigations. It was during this time, he says, that he became a seasoned trial lawyer who learned to manage stress. “At the NFLPA, during our darkest hours throughout the protracted negotiation, there was never a time when I started my day at the morgue. When you’re a homicide prosecutor you spend a lot of time observing autopsies.”

In 2000, Smith went to the Department of Justice where he served as counsel to then-Deputy Attorney General Eric Holder. “None of us are successful in a corporate environment without those who help us on the way. I was relatively young then, and he gave me a tremendous amount of responsibility and cared a lot about my development as a mentee.” After two years at the Department of Justice, Smith returned to private practice, at Latham Watkins and later Patton Boggs. In mid-2008, he was first approached by the NFLPA. Immediately he knew in his gut that it was something he needed to pursue. Smith says it was almost like a calling. Smith believed that the owners were determined more than ever before to weaken the NFLPA, and he was determined to help the players come out on top. “My thought was that if they were prepared to enter what really amounted to a battle, I wanted the job. Otherwise I had other things to do.” Smith’s sharecropper grandfather was a Baptist minister, and for a time Smith had seriously wanted to follow in his footsteps. However, by his sophomore year in college at Cedarville, a Christian institution, he had set his sights on a legal career. By that time, he says, “sports and the law were the only things that really wound [him] up.” Smith’s office is decorated with NFL memorabilia including Upshaw’s helmet from his days with the Oakland Raiders (held together with gaffing tape). Smith often thinks about his predecessor who held the job for 25 years. “What’s most impressive to me is that Gene fought so many wars for the players with so few resources. The reason we were able to reach the collective bargaining agreement is because Gene and the people here had built a strong union and we were in a position to fight. What Gene created here is the bedrock. I am working to take it to the next level.” D&B Patrick Folliard is a freelance writer based in Silver Spring, Md.

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DUPONT’S LEGAL NETWORK

MAKES STRIDES

2012 SURVEY FULL REPORT

INCLUSION IS NOT A SPRINT. IT IS A LONG AND HILLY MARATHON. IT IS A JOURNEY. IT IS A CHALLENGE. THERE ARE STEEP HILLS, ROCKS, UNEVEN SURFACES, AND FIERCE WEATHER. IT’S NOT EASY. AUTHORS: DUPONT MINORITY COUNSEL NETWORK DIRECT SURVEY COMMITTEE, LED BY CO-CHAIRS DON C. BROWN, CORPORATE COUNSEL, DUPONT, AND RODRIGO E. SALAS, COUNSEL, ALSTON + BIRD LLP

ven when it seems like you are close to the finish line—recruiting that solid corps of diverse attorneys—you turn the corner and see that rocky hill you need to climb (in this metaphor, that is your prized attorneys only staying in the system for a few years before dropping out and moving on). And that’s far from the only obstacle. Yet there you go, continuing to fight, and find that after each challenge you feel a little bit better about yourself even though you are exhausted. In short, inclusion is a challenge. DuPont’s survey of its minority counsel shows there are still strides to be made, but the race is on. DuPont is challenging itself. And there is no doubt who will come out on top.

A survey of minority law ﬁrm attorneys in the Minority Counsel Network (MCN) of the DuPont Company found diversity at the forefront of the ﬁrms’ concerns, and yet 40 percent of the participants could not say that they were 20

appreciated and valued members of their firms. Those surveyed have seen the careers of attorneys of color change in positive ways, but they also indicated several areas—such as mentoring, client contact, and work-life balance—where there is less progress than expected. In February 2011, the MCN conducted its first-ever MCN Direct Survey. This was done to determine a baseline assessment of attitudes about career development and progression of minorities at the selected network of law firms hired by DuPont, known as the DuPont Primary Law Firms (PLFs). It was also designed to obtain feedback on how successfully the MCN is carrying out its stated mission (see sidebar) and what improvements should be made going forward. In effect, the MCN set out to take the temperature of its members, to understand how far members and their firms have collectively come on diversity issues, and how far they have yet to go. DuPont, founded in 1802, offers a wide range of innovative products and services for markets including food and nutrition, health care, apparel, safety and security, construction, electronics, and transportation. The DuPont Legal Model, adopted in 1992, applies business discipline to the practice of law. The central concept is

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strategic partnering and shared core values. The unique relationship between DuPont Legal and its outside law firms is based on their common commitment to serving DuPont’s businesses and their concern for each other’s bottom line. Some 207 out of a possible 790 attorneys of color who work for PLFs, but who do not necessarily work on DuPont matters, responded to the survey for a response rate of about 26 percent. The respondents, almost evenly split with 51 percent males and 49 percent females, ranged in position from new associate to seasoned partner, with more than 55 percent being new to senior associates and more than one-third being partners. Onethird of the respondents have been practicing law less than five years, and one-fifth had been at their current firms for more than 10 years. The law firms of the respondents—from 37 of the 40 firms that were DuPont PLFs—run the gamut from specialty boutiques with a handful of attorneys to international AmLaw 50 firms with more than 250 lawyers. The preliminary results of the first Direct Survey, which sought responses only from the minority outside counsel in the PLFs, were presented at the 2011 DuPont Minority Counsel Conference. A second Direct Survey, conducted in November of 2011 for which the responses have not yet been compiled, sought similar information from the in-house counsel of color at DuPont. The MCN will repeat these surveys to evaluate the progress made since these first baseline assessments were conducted.

MCN DIRECT SURVEY RESULTS The results of the initial Direct Survey bring focus to the challenges presently facing many minority attorneys. Since MCN started in 1997, much progress has been made, particularly in establishing policies that promote recruitment and retention and which seek to ensure that minority attorneys are considered for senior law firm positions. However, survey respondents broadly agree that diversity efforts in some areas need to be revamped and further strengthened to make them more effective. In fact, the survey responses note a growing need for

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“ The data from the survey may offer leads to show us where to look to find more effective and lasting solutions.” – EARL MACFARLANE professional advancement/development structures. Here are details on some of the areas identiﬁed by respondents that need additional attention.

MENTORING Fully 80 percent of respondents stated that their firm has a formal mentoring program in place, and of that group 85 percent actively participate as either a mentor or a mentee. Despite these high participation numbers, the survey findings detected some dissatisfaction among respondents with the effectiveness of these programs. When asked how they would describe the quality of their mentor/mentee program, 8 percent of respondents found their programs of no benefit at all, 50 percent said they were “somewhat useful,” and 42 percent found their programs “very useful.”

CAREER TOOLS A significant percentage of respondents expressed a desire for tools to assist in their careers. A key motivation of mentoring relationships, for example, is professional advancement and development—80 percent listed “career advancement” as the substance and main thrust of their mentoring interactions. Beyond advice provided in mentoring sessions, many PLFs also offer opportunities for skill improvement: 90 percent of respondents are offered complementary

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BACKGROUND ON THE DUPONT MINORITY COUNSEL NETWORK The DuPont Legal Minority Counsel Network (MCN) began in 1997 to promote diversity throughout science-based manufacturing leader DuPont and its chosen providers of legal services. Today, the MCN has evolved into a far-reaching, collaborative and cohesive body of attorneys of color who work for DuPont directly, or for one of its Primary Law Firms (PLFs) or Primary Legal Service Providers (PSPs). The MCN’s mission is to advance the company, the DuPont Legal Model, the individual members of the MCN, and the profession as a whole. To do this, the MCN strives to build relationships, empower its members, foster positive workplace environments, and ensure a critical mass of attorneys of color are engaged in legal work for DuPont. One of the many tangible ways in which DuPont supports the MCN is to host and facilitate the Annual Minority Counsel Conference, where in-house attorneys, outside counsel, and PSPs of color network, discuss pressing legal issues, and tackle diversity matters. The challenges are shared by DuPont and these legal providers.

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Continuing Legal Education (CLE) or other firm-provided skills training programs. Ninety-three percent of respondents receive formal performance evaluations, and 81 percent said these evaluations are transparent, honest, and clear. More than three-quarters of the respondents (76 percent) said that their firms provide a forum for accurate and effective feedback. However, advice, training, and feedback have not led to meaningful opportunities for these attorneys to develop business. More than half (61 percent) of those responding stated that “all” or “virtually all” of their work is for clients of other attorneys. That percentage becomes even greater if you couple it with the 18 percent who generate “some” of their own work, while the balance is for the clients of others. Generating one’s own client base is key to being a successful attorney and advancing in one’s firm. It should be noted that this is not an issue that is necessarily specific to attorneys of color, particularly in this recent economic downturn that has slowed growth across entire practices.

LACK OF CLIENT CONTACT Also noteworthy is the fact that 34 percent of those responding indicated that they either “occasionally” or “rarely” meet or communicate directly with clients. This is disconcerting for obvious reasons—insufficient direct client communication can thwart professional development and advancement in any firm. It may also lead these PLF attorneys of color to feel that there is a perception they cannot be trusted with certain clients, or that there is a lack of confidence in them or their professional abilities. Naturally, those surveyed desire increased client contact and access. One of the more striking results of the survey was the fact that 40 percent of respondents were either neutral on, or disagreed with, the proposition that they were valued members of their firms and that their contributions were noticed and appreciated. Likewise, a similar

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WHAT ARE THE BIGGEST OBSTACLES TO YOUR ADVANCEMENT WITHIN YOUR FIRM? * New matter generation

47% Sufficient work to meet billable hours targets

26% 40

There are no obstacles

25% Lack of opportunity to improve or demonstrate legal skills

17% Other

13% 20

Lack of assignments on matters for top revenuegenerating clients

12% 10

*Percent total does not equal 100 because respondents were allowed more than one choice.

percentage of attorneys were neutral or dissatisﬁed with their career progression. Because of the limited scope of this survey, the results do not indicate whether this dissatisfaction is universal, aﬀecting non-minority attorneys as well, or is a result of the downturn in the economy. However, the fact that 40 percent of the attorneys of

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WHAT IS YOUR POSITION AT YOUR FIRM?

HOW MANY YEARS HAVE YOU BEEN WITH YOUR FIRM?

WHAT IS YOUR AGE? 41-45

Equity Partner

23%

5-10 years

Associate

Under 3 years

22%

36%

Mid-level Associate

Non-Equity Partner

17%

13% Senior Associate

Of Counsel

16%

29% 3-4 years

17%

30 years or more

11-15 years

11% 26-30 years

21-25 years

16-20 years

51-55

6% 24 or under

56 and over

31-40 46-50

26-30

46%

22% 23

color surveyed could not agree that they feel valued at their ﬁrm sounds a disturbing alarm.

LEADERSHIP SUPPORT OF DIVERSITY This is not to suggest that diversity, as a concept and a practice, is not at the forefront of the DuPont PLFs’ concerns—it very much is. It is a core value emphasized by DuPont. In fact, to the Network’s credit, the vast majority of respondents (89 percent) noted that their firm had a specialized diversity officer, office and/or committee, far above the national average [79 percent1], and 77 percent stated that the firm afforded attorneys “ample” opportunity to interact with these officers or committees. However, when asked if they believed that their firm’s diversity policies were supported by their management, almost 20 percent responded negatively. What this number offers in terms of insight is a potential disconnect between the formal policies that come from the top and the real-world experience of

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attorneys of color in the ranks. Though this unoﬃcial “lag” behind the policies is not completely unexpected, it is no less noteworthy. The conclusion reached is that some DuPont PLFs still have work to do in the eﬀective implementation of their diversity policies.

WORK-LIFE BALANCE Another disconnect between policy and practical application can be found in the realm of work-life balance. A vast majority of respondents indicated that they have multiple work-life balance options: 88 percent have options that include reduced hours; 72 percent have paternity leave options; 69 percent can work alternative hours; and 43 percent may telecommute. However, despite the availability of these programs, 76 percent of respondents admitted that they have not participated in any work-life balance options. In other words, though the options are there for the taking, most attorneys of color are not taking advantage of them. This raises the concern that there is an unwritten perception that if attorneys of color did participate in any of these options, they are not completely committed to

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their ﬁrm, or to their career. Conversely, not utilizing such options might lead to attorney burnout, which could also negatively impact commitment and careers. It’s a Catch-22 that is not limited to minority attorneys, but considering the slippery slope of perception, could be unfairly debilitating to them.

“ We know this is a long journey, but we all are committed to success.” – EARL MACFARLANE

CHALLENGES AND OPPORTUNITIES FOR THE FUTURE 24

Over the last 14 years, the MCN has seen much positive change in the lives and careers of attorneys of color—there are more minority partners and senior in-house counsel among our ranks than ever before. The raw numbers have increased, yet the maintenance of a critical mass continues to be a challenge. Diversity programs have been installed, and policies covering everything from attorney mentoring to work-life balance have been formalized. How satisfied are our members? Where do they see themselves? And what challenges do they still face? These are the questions the Direct Survey set out to answer. If the first phase toward equality was the installation of programs to ensure minority hiring and retention, the survey results suggest a second phase will need to be twofold: to modify and improve those formal policies to ensure they are effectively supporting a high “quality of career” for more established, veteran minority attorneys with the ambition to get ahead in their firms, and to diminish the gap between the formal policies and the day-to-day experiences of minority attorneys. “The MCN and DuPont Legal are exploring ways to use the survey results as a catalyst to spur the whole DuPont Network to take diversity to the next level. The data from the survey may offer leads to show us where to look to find more effective and lasting solutions,” said Earl MacFarlane, DuPont Corporate Counsel and current chair of the MCN. “We know

DIVERSITY D DI IIV VE VE ERS ER RS R SIIIT SIT S TY T Y & THE TH T HE H E BAR BA B AR A R®

JANUARY/FEBRUARY JA JJAN AN A NU N UA UARY/ AR RY Y/F /FE / FEB F E EBR B BRU R RU UA U A AR RY Y 2012 20 2 01 12 2

that this is a long journey, but we all are committed to success, and the recent DuPont PLF Diversity Summit showed that this commitment is broadly shared among DuPont Legal and its PLFs.” In November, DuPont convened a summit of those PLF attorneys with primary responsibility for diversity efforts at their firms who received a report of the Direct Survey. The daylong session served as a forum for the candid sharing of individual firm diversity strategies and practices, exchanging lessons learned, and using the talent of the full group to improve results and attitudes for both gender and racial diversity. Common goals will drive the group to share tools and best practices. As evidenced by the responses to the Direct Survey, these are the over-arching challenges—and opportunities—the legal profession and the PLF firms will face in the coming years. While the MCN has grown in both number and influence since its humble beginnings, and while MCN members continue to report moderate success, the Direct Survey results suggest that, to paraphrase Robert Frost, there are yet miles to go before we can sleep. Assisting the authors were the other members of the MCN Direct Survey Committee: Fred D. Strickland, DuPont Senior Counsel; Tamara Sampson and Lindsey A. Gauthier, DuPont Corporate Counsel; along with Sergio E. Pagliery, Partner, Shook, Hardy & Bacon, LLP; and Jesus J. Torres, Associate, Alston + Bird, LLP. The Committee would also like to acknowledge the contribution of Ryan M. Burruss, Business Development Editor, Alston + Bird, LLP. D&B 1

“2010 Law Firm Diversity Survey.” Minority Corporate Counsel Association and Association of Law Firm Diversity Professionals. Page 3.

MCCA.COM MC MCC M CCA C CA C A.C A .CO CO OM O M

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O L I V E R W. H I L L SR .

OLIVER W. HILL SR. CHASTISES VIRGINIA LEGISLATORS, INCLUDING SEN. ALBERTIS S. HARRISON, D-BRUNSWICK COUNTY, A FUTURE GOVERNOR, ABOUT THE STATE’S MASSIVE RESISTANCE POLICY DURING A LEGISLATIVE HEARING JAN. 30, 1956.

THE VA N G U A R D OF CHANGE There are turning points in history when the old guard is challenged. In those times, history is uncertain. Only in the years after can one imagine the divergent paths of reality. Oliver Hill was an attorney who profoundly affected the course of American society.

BY TOM CALARCO

CIVIL RIGHTS ATTORNEY OLIVER W. HILL SR.’S DREAM WAS TO SEE THE DAY WHEN AFRICAN AMERICANS RECEIVED THE SAME RIGHTS AND OPPORTUNITIES AS OTHER AMERICANS, AND TO BASK IN THE SUNLIGHT OF AN EGALITARIAN SOCIETY WHERE PEOPLE ARE VALUED FOR WHO THEY ARE, AND NOT BY THEIR RACE.

e was instrumental in reversing segregation laws in Virginia, but was reluctant to take credit for his achievements. “All of my life I have been a team player,” he wrote in his autobiography,

The Big Bang: Brown v. Board of Education and Beyond “… and in my legal, humanitarian, and political activities I have been part of a large team of lawyers and activists dedicated to creating a more just and humane society for all human earthlings.”1 Nevertheless, his contributions have taken their rightful place in the annals of the Civil Rights Movement. Bestowed with the Presidential Medal of Freedom in 1999, Hill, who died at the age of 100 in 2007, had also been honored with a bronze statue at the Virginia Civil Rights Memorial at the Virginia State Capitol in Richmond. The memorial commemorates the 1952 Davis v. County School Board of Prince Edward County decision, for which Hill was the lead counsel. The lawsuit that sought to integrate Virginia schools was one of five cases incorporated under Brown v. Board of Education, the landmark U.S. Supreme Court decision that prohibited segregation in public schools and led to the end of the Jim Crow era and segregation in the South. The suit, filed by Hill on behalf of 117 students and their parents from the all-black R.R. Moton High School in Farmville, Va., took its title from the first plaintiff listed, ninth grader Dorothy E. Davis. “Attorneys like Oliver Hill are a vanguard, advocates who crystallize public opinion and are catalysts of change for those not as educated or well-connected,” says Charles Ford, professor of history at Norfolk State University, and co-author with Jeffrey Littlejohn of the forthcoming book, Elusive Equality: OLIVER W. HILL SR. IN THE 1950S.

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“AS A GENERAL RULE, HE DIDN’T HOLD GRUDGES, SO HE COULD INTERACT WITH EVEN HIS MOST ARDENT FOES AND THAT ALLOWED HIM TO ACCOMPLISH A LOT MORE THAN HE WOULD HAVE.” — OLIVER HILL JR. CLOCKWISE FROM LEFT: OLIVER W. HILL SR., AGED 7, NAACP’S LEGAL TEAM, AND FROM LEFT TO RIGHT NAACP ATTORNEY SPOTTSWOOD ROBINSON, STUDENTS GEORGE LEAKES AND ELAINE BOWEN, AND OLIVER W. HILL SR.

Desegregation and Re-segregation in Norfolk’s Public Schools, published by UVA Press. Though change progressed slowly, Hill remained optimistic, writing, “I played a small part in alleviating the evils of segregation and related conditions. Through the rule of law, these changes have occurred during my lifetime. [Yet] much work remains to be done.… I believe that human earthlings can meet the challenge and do great things.”2

THE BOTTOM OF THE HILL Hill rose to the pinnacle of his profession from the ground floor, growing up in a blue-collar family, his mother and stepfather working in the hotel industry. As a boy in Roanoke, Va., he worked various jobs: hawking newspapers, shining shoes, delivering ice, mixing concrete, and selling ice cream for payment in ice cream. While an undergraduate at Howard University, he waited tables, drove a taxi, and worked for the railroad. He was an enterprising youth who did everything possible to make money despite the difficulties he faced in the racially hostile society of Jim Crow-era Virginia. During that time, he says, “I didn’t have much use for white people.”3 As he matured, he came to see things differently and concluded that “it was just as stupid for me to hate white people because they were white as it was for white people to hate me because I wasn’t white. Consequently, I began to judge people on the basis of my experience with them.”4 Oliver Hill Jr., the chair of the psychology department of Virginia State University in Petersburg, Va., says that this MCCA.COM

was one of the hallmarks of his father’s character. “He was able to respect the personhood of everybody,” Oliver Hill Jr. says. “[And] he had a great love of humanity, and the ability to constructively engage with people without making enemies.”

THE TURNING POINT The pivotal event in Hill’s life occurred when his stepuncle, who was an attorney, suddenly died. “I was one of those happy-go-lucky C students in college,” he said, during an interview with the Virginia Quarterly Review in 2004. “His wife gave me… an annotated Constitution of the United States. That’s when I read the 13th, 14th, and 15th amendments.”5 He couldn’t understand how there could be laws permitting segregation under the guarantees provided by those amendments to the U.S. Constitution. “So I decided the only thing for us to do was for somebody to carry a case back to the U.S. Supreme Court and convince them that they ought to reverse Jim Crow.”6 Hill enrolled in Howard University School of Law, where the noted civil rights attorney Charles Hamilton Houston was the dean. Houston became his mentor, and the mentor of fellow classmate and future Supreme Court Justice Thurgood Marshall, with whom Hill forged a lifelong relationship as a co-worker and personal friend. Their goal was to reverse the Supreme Court’s decision in Plessy v. Ferguson upholding the “separate but equal” doctrine. JANUARY/FEBRUARY 2012

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Charlie planned out the During this period, strategy that we followed Hill worked around the from that time until we clock, persisting in his first started to file suits,” efforts to improve voting Hill said. “We would think rights laws and oppose in terms of how we were legalized segregation going to tackle Plessy right in employment, transon through law school.”7 portation, and school Houston’s strategy helped discrimination. them to achieve their later All of these areas had successes, according to Hill. been restricted by Jim In the Gaines v. Canada, Crow legislation which Registrar of the University had been strengthened of Missouri case in 1938, by the 1902 Virginia Houston secured the Supreme Constitution. Hill generCourt’s first legal ruling ally used arguments based requiring states to provide on the 14th and 15th equal educational opportuniamendments of the fedties to African Americans, eral Constitution,11 which guaranteed the rights and this case set the stage for SPOTTSWOOD ROBINSON AND OLIVER W. HILL SR. IN THE MID-1950S. denied, to combat these the later revocation of Plessy v. discriminatory state laws. Ferguson in 1954. They included 25 statutes enacted between 1870 and 1960, However, Hill wrote that the “strategy to eliminate Plessy including laws prohibiting marriage between whites and v. Ferguson… was not a one-person operation,” but the work blacks, separation of the races in schools, public transportaof many using “different approaches” that took “years of tion, hospitals, housing, public theaters, and team sports, planning and meticulous work.”8 After graduating from law school in 1933, Hill set up and voting prohibitions aimed directly at blacks. practice in Roanoke and married Bernie Walker, a union Hill served in the Army during World War II, but his that lasted nearly 60 years until her death in 1993. Business work opposing segregation put him in even greater danger. was slow and pro bono cases paid little or nothing. Hill He and his family were subjected to a barrage of telephoned resorted to waiting tables to make ends meet. threats, and on one occasion a burning cross was planted By the end of the decade, Hill moved his practice to outside their home. Nevertheless, Hill managed to keep his Richmond. In 1940 he initiated the suit for the NAACP cool throughout this stormy period. that achieved the first important civil rights victory in “As a general rule,” Oliver Hill Jr. says, “he didn’t hold Virginia, Alston v. School Board of Norfolk, Virginia, which grudges, so he could interact with even his most ardent successfully disputed the disparity in pay between white foes and that allowed him to accomplish a lot more than he and black teachers. would have.”12 He was able to do this, Hill Jr. adds, “by creating conIn 1943, Hill and NAACP attorneys Martin A. Martin sensus with his peers.” and Spottswood Robinson formed the Richmond law firm of Hill, Martin, and Robinson, where they made the MR. HILL GOES TO WASHINGTON bulk of their income, as remuneration from the NAACP In 1948, Hill became the first African American elected was unreliable. to the City Council of Richmond in 52 years, and in 1951 “While we worked with the NAACP, ‘employed’ is not President Harry S. Truman appointed him to the committee the right word,” he wrote. “Although we were supposed to be on Government Contract Compliance, which enforced noncompensated, sometime, you were lucky to get expenses… discrimination in government affairs. During the Kennedy We survived financially on our private practice.”9 Money was no object, however, if the case involved administration, he was appointed to the Federal Housing civil rights. Administration to work on eradicating housing discrimina“As a matter of fact,” he wrote, “if a case presented tion. He continued in that position through the Johnson itself involving race discrimination, we often took it administration then resigned after five years. regardless of whether the prospects for fee recovery were The case, though, for which he is best known, occurred a good or poor.”10 decade earlier. DIVERSITY & THE BAR®

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Barbara Johns, a student at Moton High School, phoned Hill on April 23, 1951. She had organized a student strike to protest the horrible conditions under which black students were expected to learn—tar shack buildings that lacked reliable heating, desks, blackboards, gym, and cafeteria. “I said, ‘Well, you know, we just ﬁled a suit down in Clarendon County, S.C., and we don’t need but one suit to prove a point.’ But she was so persistent.”13 Hill took Davis v. County School Board of Prince Edward County to the U.S. Supreme Court, successfully arguing that segregation was a violation of the 14th Amendment. However, no one expected the extent of the backlash or the resolve of the segregationists who championed the Southern Manifesto, a document drafted by southern congressmen urging people to defy the Brown decision. In Virginia, it was led by U.S. Senator Harry F. Byrd and came to be known as “Massive Resistance.” In 1956, the Byrd-machine-dominated Virginia General Assembly passed a series of laws known as the Stanley plan.

humiliated. A landmark case initiated by Hill’s law firm, Charles C. Green et al. v. County School Board of New Kent County, Virginia, which went all the way to the U.S. Supreme Court, helped put a stop to the Stanley plan. “We always had to fight to keep the movement going against massive resistance,” Hill said in later years. “[But] there never was a time, right to the present day, when there has been an enthusiastic effort to bring about desegregation.”14 Today, in fact, many public schools in Virginia are mainly all-black or all-white, says Ford, the Norfolk State history professor. “Racial prejudice certainly has decreased since the ’50s and ’60s, especially among children,” Ford says. “The irony though is that they are increasingly segregated by race and class.” While things aren’t perfect, legalized Jim Crow is history and Hill’s life provides a lesson that Hill Jr. compares to David versus Goliath, how “a few individuals with a commitment and an eye to what is right can make a difference.”

“OUR DECLARATION OF INDEPENDENCE SAYS WE ARE ALL CREATED WITH RIGHTS TO LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS. I AGREE WITH THE LIFE AND THE LIBERTY. THE PURSUIT OF HAPPINESS OUGHT TO INCLUDE THE RIGHT TO BE TAUGHT AND TRAINED, TO BE ABLE TO DO SOMETHING CONSTRUCTIVE, TO MOVE TOWARD A CIVILIZED SOCIETY. THAT’S WHAT I BELIEVE IN.” — OLIVER W. HILL SR. As for his own legacy, Hill Sr., said this: “Our Declaration of Independence says we are all created with rights to life, liberty, and the pursuit of happiness. I agree with the life and the liberty. The pursuit of happiness ought to include the right to be taught and trained, to be able to do something constructive, to move toward a civilized society. That’s what I believe in.”15 D&B

Among its provisions were the prohibition of state funding to any integrated school and the authorization of the governor to close any integrated school. These measures were complemented by the ambiguous U.S. Supreme Court directive that the decision of Brown v. Board of Education be implemented with “all deliberate speed.” As a result, some public schools like those in Prince Edward County were closed for nearly ﬁve years, and black students who went to predominantly white schools were constantly harassed, assaulted, and

* Comments by Oliver Hill, Jr. and Charles Ford were taken from both personal interviews and from the public radio show, With Good Reason, produced by Sara McConnell. 1

Oliver W. Hill, The Big Bang: Brown v. Board of Education and Beyond, edited by Jonathan K. Stubbs, Winter Park, FL: Four-G Publishers, 2000: vii 2 Oliver W. Hill, The Big Bang: Brown v. Board of Education and Beyond,

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Jonesboro, AR: GrantHouse Publishers, 2007: xiii 3 Hill, Op. cit., 2000: 3 4 Ibid: 3 5 Julian Bond, “Interview with Oliver W. Hill,” Virginia Quarterly Review, Winter 2004: < http://www.vqronline.org/ articles/2004/winter/bond-interviewoliver/ > 6 Ibid. 7 Bond, Op. cit. 8 Hill, Op. cit., 2000: 76

Tom Calarco is a freelance writer based in Altamonte Springs, Fla.

Hill, Op. cit., 2000: 186 Ibid.: 186-7 11 The 14th Amendment states that: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The 15th Amendment states that: 10

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. 12 Sarah McConnell, “Massive Resistance in Virginia,” With Good Reason, Virginia Foundation for the Humanities Radio, Sept. 20, 2008. 13 Ibid. 14 Bond, Op. cit. 15 Ibid.

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2011 HONOREES SUSTAINING EXCELLENCE AND COMMUNITY BY AZIZAH AHMAD

AWYERS Under 40

he National Nat Asian Pacific American Bar Association, a nationa national network of attorneys, judges, law professors, and law students, stu advocates for the legal needs and interests of the Asi Asian Pacific American (APA) community, recently announ announced the 2011 recipients of its “Best Lawyers Under 40” (B (BU40) Award. NAPABA’s BU40 Award recognizes tald iindividuals in the APA legal community who are under ented the age of 40 and who have achieved prominence and distinction in their respective fields while demonstrating a strong commitment to the community. “Since its inception in 2002, NAPABA has bestowed the BU40 honor to only about 200 lawyers. Unlike other ‘under 40’ award programs, we do not subscribe to a set number of honorees each year. This makes for an extremely competitive process,” says Jim Goh, shareholder at Ogletree Deakins Nash Smoak & Stewart PC and chair of the BU40 Selection Committee. “Candidates who make the cut are not only superstars in their chosen fields but must also have demonstrated a steadfast commitment to the Asian Pacific American community and its causes.”

All BU40 honorees are selected through a rigorous process. Candidates must be nominated in order to be considered for the award. The Selection Committee receives anywhere between 50-80 applicants each year. Because there are no requirements as to the number of honorees each year, the selection process is based solely on the merit of each applicant and the highly competitive applicant pool. As in previous years, this year’s class of BU40 honorees comes from diverse backgrounds and practice areas that include government attorneys, in-house counsel, law professors, and partners from both large and small ﬁrms. Their accomplishments are just as diverse; they have tried and won high-stake trials, some have become the ﬁrst APA in their respective states to hold state-level

HONORED DURING NAPABA’S 23RD ANNUAL CONVENTION IN ATLANTA, GA., WERE: Proloy K. Das, Partner, Rome McGuigan, P.C Princeton Kim, Partner, Reed Smith LLP Sarah G. Kim, Counsel, Bingham McCutchen Curtis Arthur Kin, Chief, General Crimes Section, U.S. Attorney’s Ofﬁce Eumi Kim Lee, Professor, University of California, Hastings College of the Law Bobby Liu, Senior Vice President and General Counsel, M.D. Sass Jessie K. Liu, Partner, Jenner & Block LLP Anh-Thu Mai-Windle, Senior Litigation Counsel, Civil Division Ofﬁce of Immigration Litigation, U.S. Department of Justice 38

Jane Oak, Principal, Law Ofﬁces of Jane Oak & Associates, PC Byung “BJay” Pak, Partner, Schiff Hardin LLP Julian Poon, Partner, Gibson, Dunn & Crutcher Liani Jean Heh Reeves, Chief Legal Advisor for Oregon Governor John Kitzhaber Willard C. Shih, Shareholder, Wilentz Goldman & Sptizer Bryce A. Suzuki, Associate, Bryan Cave LLP Shiraz D. Tangri, Partner, Alston & Bird LLP Vivan Lee Thoreen, Partner, Holland & Knight LLP My Chi To, Partner, Debevoise & Plimpton LLP William K. Tong, Representative, Connecticut House of Representatives Kay K. Wakatake, Budget Ofﬁcer, U.S. Army Judge Advocate General’s Corps Pauline Yeung-Ha, Partner, Grimaldi & Yeung LLP

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office, many have won state and national recognition, and others have volunteered over 100 hours of pro bono service. BREAKING BARRIERS Recent studies from the National Association of Law Placement show the steady increase of APA lawyers despite the economic downturn in the United States, where APA lawyers make up about 50 percent of all minority associates. However, when the ratio of APA associates and partners are compared, figures show the barrier of APA associates not moving up the career ladder. Part of NAPABA’s goal for the BU40 Award is to help the best APA lawyers break those barriers and move up in their career paths. As Goh states, “whether this is a function of upbringing or culture or institutional obstacles, many APA lawyers recoil from touting their own achievements and, as a result, often become their firm’s or company’s best-kept secret. NAPABA’s BU40 Award provides a platform to showcase the tremendous talent and achievements of our younger lawyers, and to put a spotlight on what otherwise might have remained in the dark.” For some in this year’s BU40 class, breaking barriers within the workplace and community comes with the job. As honoree Liani Reeves, chief legal advisor for Oregon Governor John Kitzhaber, notes about the APA attorney population in Oregon, “There aren’t very many of us, so it is easy to stand out. But there are still glass ceilings and stereotypes that all minority attorneys face. The biggest issue for me has been as a young Asian female trial attorney. I don’t fit the mold of the traditional trial attorney and have had to overcome misassumptions and stereotypes that others have about me and my ability to be an effective litigator. Now that I am established in my career, I know that I can serve as a role model and mentor for other young APA attorneys and I take this responsibility very seriously.” SUSTAINING COMMUNITY Honoree Shiraz Tangri, partner at Alston & Bird LLP, stands out for being the

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chair of his firm’s Southern California pro bono committee while also serving as co-chair of the NAPABA Pro Bono and Community Service Committee, where he has helped organize all three Pro Bono and Public Interest Summits at the NAPABA Convention since they were established in 2009. Tangri also helped partner NAPABA with Kids In Need of Defense (KIND), an organization started by Microsoft and actress Angelina Jolie to provide unaccompanied and undocumented minors with pro bono representation in legal proceedings. He provides pro bono services to KIND and continues to work with them in both their lawyer training and recruitments efforts. Other BU40 honorees have chosen public service careers in order to give back. One of them, Anh-Thu Mai-Windle, senior litigation counsel with the Office of Immigration Litigation of the U.S. Department of Justice, recalls developing a sense of justice as a child. “On the playground and at home, I embraced the concepts of fairness and individual rights at an early age. I also loved the stories of my grandfather who had been a prominent judge and politician in Vietnam, known for his principles and contributions to the Vietnamese people… Although my family had encouraged me to pursue a career in medicine, I realized the law was a means by which I could help others and challenge myself while engaging in activities I enjoyed… Understanding the law provided tools for empowering individuals and society,” Mai-Windle says. Being active in the community provided a path to success for such honorees as Sarah G. Kim, counsel at Bingham McCutchen LLP. Kim is president of the NAPABA affiliate chapter Asian American Lawyer’s Association of Massachusetts, charged with assessing the needs of members and ensuring that the organization moves forward in its endeavors in guiding young lawyers. Outside of the legal world, Kim finds the time to be a director of the Asian Task Force Against Domestic Violence, an organization that she has volunteered for since her undergraduate years at Dartmouth College. She is also an advisory board

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Proﬁles: NAPABA’S BEST LAWYERS UNDER FORTY

CURTIS A. KIN Curtis A. Kin is chief of the general crimes section at the U.S. Attorney’s Office in Los Angeles, where he prosecuted the largest human sex trafficking case ever successfully tried to verdict in the nation and received the U.S. Department of Justice, Attorney General’s Award for Distinguished Curtis A. Service. He regularly provides Kin training and awareness sessions on human trafficking to a wide range of domestic and international audiences. Kin is an adjunct professor in trial advocacy at Pepperdine University School of Law, and has taught criminal procedure at the University of Southern California School of Law. After graduating with honors from USC and Stanford Law School, he clerked for Judge Sonia Sotomayor on the Second Circuit Court of Appeals and Judge Jed S. Rakoff on the U.S. District Court. Kin is currently on the board of directors for the Southern California Chinese Lawyers Association.

BRYCE SUZUKI Bryce Suzuki is a lawyer at the international law firm of Bryan Cave LLP, where his practice Bryce A. focuses on Suzuki all aspects of commercial restructuring and bankruptcy, including business workouts, reorganization, and bankruptcy litigation and appellate work. Suzuki is the immediate past president of the Arizona Asian American Bar Association and is a past chair of the Arizona State Bar’s Committee on Minorities and Women in the Law. Suzuki regularly works on pro bono matters of importance to minority communities in Arizona, and is active in mentorship and diversity efforts in the legal profession. He received his J.D. with distinction from the University of Iowa (2003), and his M.A. (2000) and B.A. (1998) from Brigham Young University.

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REPRESENTATIVE WILLIAM TONG is a member of the Connecticut House of Representatives where he is chairman of the Banks Committee, and he is of counsel to the law firm of Finn Dixon & Herling LLP. Tong is the first Asian American elected at the state level in Connecticut’s history. He William is now a candidate for the United K. Tong States Senate. Tong is a graduate of the University of Chicago Law School, where he studied under then-Senator Barack Obama. He has worked as a management consultant to law firms and corporate law departments at Price Waterhouse LLP and was an associate at the firm of Simpson Thatcher & Bartlett LLP. During his time in office, he introduced and passed legislation to create Connecticut’s first Asian-Pacific American-affairs commission. Tong was a finalist for appointment United States Attorney in Connecticut.

JESSIE K. LIU is a partner in the Washington, D.C. office of Jenner & Block LLP. She focuses on white Jessie K. collar criminal Liu defense and investigations. She previously served as an assistant U.S. attorney for the District of Columbia, as well as in several senior positions at the U.S. Department of Justice, including deputy chief of staff for the National Security Division, counsel to the deputy attorney general, and deputy assistant attorney general for the Civil Rights Division. Liu also clerked for the Honorable Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit. In 2011, she received APABA-DC’s Rising Star Award in recognition of her accomplishments in the legal profession and contributions to the APA legal community in Washington.

WILLARD C. SHIH is a shareholder at Wilentz, Goldman & Spitzer, a 130-attorney law firm with offices in New Willard Jersey, New C. Shih York, and Pennsylvania. Shih litigates a variety of complex business matters, including professional negligence defense, corporate and partnership disputes, unfair competition and consumer claims, and estate litigation. As a trial lawyer, his clients have received numerous favorable jury and bench verdicts. Shih is also committed to servicing the legal profession. The New Jersey Supreme Court has appointed him as panel chair of a Fee Arbitration Committee and the District Ethics Committee, as well as its committees on Civil Practice, Complementary Dispute Resolution, and the Rules of Evidence. In addition, Shih serves as legal advisor to community and not-for-profit organizations.

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member of the Massachusetts AIDS Prevention Project and volunteer at Ricesticks & Tea Food Pantry. “The law touches so many people and only when you interact with people outside the legal profession are you grounded in that reality,” Kim says. WORDS OF ADVICE When asked about their reactions when they were first notified of winning the award, a majority of the honorees stated that they were both honored and humbled. Many did not boast, and many only told their closest friends and family members. However, what they failed to mention about themselves, and what their peers and NAPABA knows about them is that being the best is not easy. This year’s class, like its predecessors, has worked hard and built valuable assets to offer. “Good work is about

“THE LAW WAS A MEANS BY WHICH I COULD HELP OTHERS AND CHALLENGE MYSELF.” —ANH-THU MAI-WINDLE quality, not quantity,” says Tangri. “Junior lawyers have a tendency to want to ‘blend in’ to their ﬁrm or whatever environment they ﬁnd themselves working in, but to succeed you have to stand out. Find out what you care about, what sets you apart from your peers—and get noticed for the unique value you bring to the table.” Reeves echoes that sentiment, noting that, “There are no shortcuts. The BU40 recipients aren’t successful because we are APA; we are successful because we have put in good

Proﬁles: NAPABA’S BEST LAWYERS UNDER FORTY

MY CHI TO is a partner at Debevoise & Plimpton and a member of the firm’s Bankruptcy & Restructuring Group. She My Chi represents To debtors, creditors, and investors in complex restructurings, bankruptcies, and distressed acquisitions. Ranked as an upand-coming lawyer in Chambers USA (2011), To frequently speaks and writes on bankruptcy-related topics. She is actively involved in the Business Bankruptcy Committee of the American Bar Association and the American College of Investment Counsel and is on the Board of the Asian American Law Fund of New York, Inc. After receiving her LL.L./LL.B. from the University of Ottawa, To served as a law clerk to the Honorable Claire L’Heureux-Dubé, Supreme Court of Canada, and received an M.Phil. in Politics from the University of Oxford, where she was a Rhodes Scholar.

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JULIAN POON is an appellate and general commercial litigation partner in the Los Angeles office of Gibson, Julian Dunn & Poon Crutcher. He has handled a broad range of cases at both the appellate and trial court level, including successfully resolving several major wage-and-hour class actions and presenting oral arguments to the Ninth, D.C., and Federal Circuits, and the California Supreme Court and Courts of Appeal. Poon clerked for Justice Antonin Scalia (U.S. Supreme Court) and Judge J. Michael Luttig (formerly of the Fourth Circuit). He graduated first in his class and summa cum laude from Harvard Law, and with distinction and honors from Stanford University. Poon was featured on the February 2011 cover of Los Angeles Lawyer, and named one of the “Top 20 Under 40” lawyers in California (Daily Journal, 2008).

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LIANI REEVES was chosen by Oregon Governor John Kitzhaber to serve as his chief legal advisor and Liani to oversee Reeves a portfolio that includes public safety policy, tribal relations and tribal gaming, clemency petitions and extradition warrants, and judicial appointments. She previously worked at the Oregon Department of Justice where she most recently served as deputy chief trial counsel. She has represented the State of Oregon in hundreds of lawsuits involving torts, employment, and constitutional claims. Reeves was also staff attorney for the National Crime Victim Law Institute where she worked on high-profile victims’ rights cases, including the Kobe Bryant case. She has served in numerous leadership roles in organizations dedicated to equal access to justice and diversity in the legal profession.

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Proﬁles: NAPABA’S BEST LAWYERS UNDER FORTY

EUMI K. LEE is a clinical professor of law at the University of California, Hastings College of the Law. She teaches ethics and two litigation clinics—the Criminal Practice Clinic and the Individual Representation Clinic, which serves indigent and low-income clients. She also teaches ethics programs Eumi K. nationwide. Prior to Hastings, Lee Professor Lee practiced at Keker & Van Nest and served as a law clerk on the Ninth Circuit and U.S. District Court. Throughout her career, she has litigated appellate cases and provided extensive pro bono services, including drafting the amicus brief on behalf of Fred Korematsu in Rumsfeld v. Padilla, 542 U.S. 426 (2004). She serves on various boards, including the Asian Law Caucus and the Asian American Bar Association, through which she co-founded a monthly legal clinic.

SARAH G. KIM is counsel in Bingham McCutchen’s Boston office. She litigates complex commercial Sarah G. disputes, Kim represents clients in enforcement matters brought by government regulators and industry self-regulatory organizations, and defends clients in shareholder class action suits. Recently, as lead counsel in a 13-day bench trial, she and her team obtained a $3 million judgment for their client, the beneficiary of trusts established by President John Adams and his grandson. Kim is the president of the Asian American Lawyers Association of Massachusetts, a director of the Asian Task Force Against Domestic Violence, a member of the Advisory Board of the Massachusetts Asian AIDS Prevention Project, and a volunteer for Ricesticks & Tea Food Pantry. Kim was one of Massachusetts Lawyers Weekly’s Top Women In The Law for 2011.

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PRINCETON KIM is a partner at Reed Smith where he represents companies in employment litigation matters involving claims of sexual harassment, discrimination, retaliation, wrongful termination, trade secret protection, and prosecution. He also defends clients in wage and hour class actions and advises Princeton on employment agreements, Kim handbooks, compliance, policies, and labor matters. Kim graduated from USC Law School after receiving his undergraduate degree from UCLA. He is the current president of the Korean American Bar Association of Southern California and member of the Executive Advisory Council for APALC. Kim is also a former board member of APABA Los Angeles, former executive committee member of the Los Angeles County Bar Association – Barristers and former board member of the Young Professionals Board for the Disability Rights Legal Center.

BOBBY LIU is the senior vice president and general counsel of M.D. Sass. He is responsible for all legal, Bobby regulatory, Liu and compliance matters affecting the M.D. Sass organization, which includes a number of investment advisors and one broker dealer. Liu also oversees the human resources and client services departments. Prior to joining M.D. Sass, Liu was the general counsel of Och-Ziff Capital Management Group, a global institutional alternative asset management firm that primarily manages hedge funds and private equity funds. Liu started his legal career as an associate with Cleary, Gottlieb, Steen & Hamilton. Liu serves on the Board of Directors of the Asian American Bar Association of New York. He obtained his J.D. from New York University School of Law.

JANE OAK is the principal of the Law Offices of Jane Oak & Associates. With over 11 years of experience, Jane Oak Oak has established a reputation as one of the most respected and trusted immigration attorneys in the Los Angeles area. Her clients regularly comment on both her sharp analysis of their issues as well as her personal attention to them and their cases. Oak is considered a leader in the Asian-American community and is president-elect for Korean American Bar Association of Southern California. She has mentored and influenced the lives of many law students and has helped young attorneys launch their own solo practices. She provides at least 100 hours of pro bono counsel and legal services every year and educates the Korean public through her weekly immigration newspaper articles.

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old-fashioned hard work. Be reliable. Be prepared. Be professional. Be committed to your job, your clients, and your community and you will succeed.” Others have a different and less traditional, but just as helpful, tool for success: sustaining self. With all of the challenges APA attorneys face, especially stereotypes and limited opportunities to advance, these honorees didn’t find the path to success an easy road to travel, but they do have advice for others on that journey. The value of minority attorneys having mentors to guide their careers cannot be overstated. “It’s important to have a personal board of directors,” says Kim as she thought back on what she wished she had early on in her career. “You should find people who genuinely care about your personal and career development—they should have your best interest at heart. These are the people who continue to push me to be uncomfortable and take risks.” As noted by the honorees, the equation for the BU40 Award is rather simple: a lot of hard work + commitment to self and community = NAPABA Best Lawyer Under 40. The difficult part is how an individual determines how to add the meat to those skeletal variables. But what we all know is that the end sum of this equation is someone who is recognized by peers as exceptional in his/her practice, both in and out of the legal profession. 42

A PROMISING FUTURE Over the years, past NAPABA BU40 honorees have gone on to establish accomplished careers. This year’s class joins the distinguished list of NAPABA BU40 honorees that includes: Honorable Amul Thapar, the ﬁrst South Asian American federal district court judge for the Eastern District of Kentucky; Bettina Yip, Associate General Counsel for Del Monte Foods; Delegate Mark Keam, who represents the 35th District in the Virginia House of Delegates; and Frank Wu, chancellor and dean of the University of California, Hastings College of the Law. A select few have even gone on to win NAPABA’s most coveted award—the Trailblazer Award. Past BU40 honorees who have gone on to become a NAPABA Trailblazer include: Honorable Jacqueline H. Nguyen, Article III Federal District Court Judge for the Central District of California; Marty Lorenzo, Partner at DLA Piper LLP; and Wan J. Kim, former Assistant Attorney General of the Civil Rights Division of the United States Department of Justice. Their footsteps are not easy to follow, but placing a bet on the 2011 BU40 honorees to successfully follow in those footsteps while creating their own paths would probably result in a winning hand. D&B

Proﬁles: NAPABA’S BEST LAWYERS UNDER FORTY

SHIRAZ TANGRI is shaping the Southern California real estate landscape through his exceptional success leading several high-profile land use, environmental, and real property development cases. A sought-after expert in the environmental and land development fields, Tangri is regularly quoted in Shiraz D. the media. Tangri was named in Tangri April 2011 by the Daily Journal as one of California’s Top 25 LandUse Leaders. In April 2010, he was one of only 10 environmental lawyers nationwide named as a “Rising Star” by Law360. These recognitions acknowledge his success in delivering quality results on high-profile and controversial projects, as well as his commitment to pro bono and community engagement. As a community service leader, he is a strong advocate for urban redevelopment, including the revitalization of downtown Los Angeles. Tangri also chairs Alston & Bird LLP’s Southern California Pro Bono Committee, and co-chairs NAPABA’s Pro Bono & Community Service Committee.

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ANH-THU “ANH” P. MAI-WINDLE is employed as a senior litigation counsel with the Civil Division’s Office of Immigration Litigation in the U.S. Department of Justice. In that capacity, she supports the recruitment, hiring, training, development, and supervision of attorneys, and litigates numerous Anh-Thu immigration cases before the vari“Anh” ous U.S. circuit courts of appeals P. Maiand district courts. Mai-Windle previously served as a judicial law Windle clerk and attorney advisor in the Executive Office for Immigration Review after joining the Department of Justice through the Attorney General’s Honors Program and working in a variety of legal positions. Committed to public service, Mai-Windle has been a longtime leader and volunteer in the department and for professional, community service, cultural, and civic organizations. She earned a J.D. and certificate in Dispute Resolution from Pepperdine University School of Law and a B.A. in Criminology, Law, and Society with a minor in English from the University of California at Irvine.

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Proﬁles: NAPABA’S BEST LAWYERS UNDER FORTY

BYUNG “BJAY” PAK is a partner in the white-collar defense group of Schiff Hardin LLP. As a CPA and former assistant U.S. attorney, he specializes in handling complex financial cases, internal investigations, and high-stakes litigation. He graduated summa cum laude from the University of Byung Illinois College of Law and was inducted to the Order of the Coif. “BJay” Pak serves as a state represenPak tative in the Georgia House of Representatives. He is the first Korean-American elected to the General Assembly in Georgia’s history. He is married to Sandra Pak, an attorney, and is the proud father of two young daughters and a baby that is due in the spring of 2012. PROLOY K. DAS is a partner at Rome McGuigan, P.C. in Hartford, Connecticut, where he practices Proloy specialized K. Das litigation and appeals, representing corporations, associations, private individuals, and governmental institutions. He has argued over 50 appeals before the Connecticut Supreme and Appellate Courts and has advanced several new legal doctrines in a multitude of areas ranging from large-scale tort and contract actions to felony prosecutions and grand jury investigations. His practice includes declaratory judgments, injunctive relief petitions, and extraordinary writs seeking to resolve disputes over interpretations of statutes, regulations, and contracts. Attorney Das was the first assistant state’s attorney of South Asian descent appointed in Connecticut. He received his undergraduate degree from Boston College and his law degree from the Indiana University Maurer School of Law.

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PAULINE YEUNG-HA is a partner at Grimaldi & Yeung LLP concentrating in estate planning, elder law, and special needs planning. Yeung-Ha serves as 2nd District Delegate and vice-chair of the Trusts and Estates Administration Committee in the elder law section of the New York State Bar Association. Pauline She is chair of the Small Practice Yeung-Ha and Solo Firm Committee of the Asian American Bar Association of New York and is a board member and counsel for the Chinese American Alzheimer’s Coalition of New York City. Yeung-Ha is fluent in Cantonese and Mandarin Chinese. She graduated from Vassar College and St. John’s University School of Law, and is admitted to practice in both New York and New Jersey.

MAJOR KAY WAKATAKE begins work this January at the Pentagon as the JAG Corps’ Budget Officer. She Kay K. received a Wakatake B.A. from the University of Notre Dame, J.D. from Pepperdine University, and L.L.M. from the JAG Legal Center and School. Major Wakatake was a prosecutor in Korea, then the Chief of Legal Assistance at Ft. Lewis, Washington. Her office received the coveted Army Chief of Staff Award for Excellence. Later she ran the Army’s largest law center in Europe, receiving awards for excellence in legal assistance and claims service. In 2010 she deployed to Iraq and directed her brigade’s rule of law operations. Major Wakatake is the first female and the youngest person on the Executive Committee of the Japanese American Veterans Association. In 2007 she was appointed to the ABA Standing Committee on Armed Forces Law, and she is Co-Chair of NAPABA’s Military and Veterans Affairs Committee.

VIVIAN LEE THOREEN is a litigator, partner, and experienced trial attorney whose practice—both in Superior Vivian Court and in Lee the California Thoreen Courts of Appeal— focuses on complex trust, estate, conservatorship, and guardianship matters. She represents individuals, families, charities, and financial institutions in cases including will and trust disputes, contested conservatorships and guardianships, breach of fiduciary duty matters, and elder abuse matters. Whether the matters can be resolved by mediation or require trial, Thoreen’s clients benefit from her deep personal commitment and nuanced grasp of law and often byzantine facts. An active member of the community, she serves on the board of governors of the Korean American Bar Association and the board of directors of the Los Angeles County Bar Foundation. She has the ongoing pleasure to provide pro bono services through her relationships with Public Counsel and the Alliance for Children’s Rights.

JANUARY/FEBRUARY 2012

DIVERSITY & THE BAR®

ASSOCIATION FOCUS THE LATINO LEGAL VOICE FOR CIVIL RIGHTS IN AMERICA Mexican American Legal Defense and Educational Fund (MALDEF) IN 1968, AMERICA WAS ENTRENCHED IN CIVIL RIGHTS STRUGGLES. It was a challenging time

BY KARA MAYER ROBINSON

the Latino community. We think proactively about how to advance the civil rights of Latinos and respond quickly when Latinos come under attack through unfair discrimination,” explains Victor Viramontes, MALDEF’s national senior counsel. LEVERAGE THROUGH LITIGATION

MALDEF’s impact has been significant, due in large for many minority groups, made even more difficult by the part to its ability to litigate for social change. A prime assassination of two major civil rights advocates, Dr. Martin example is the organization’s landmark victory in the Luther King and Sen. Robert F. Kennedy. It was during this 1982 U.S. Supreme Court case, Plyler v. Doe, in which tumultuous era that MALDEF—the Mexican American Legal the court struck down a Texas law that allowed districts Defense and Education Fund—was formed to address the to charge tuition to children of undocumented immigrant needs of the country’s growparents. As a result of this ing Latino population. case, MALDEF attorneys MALDEF was founded successfully secured free in San Antonio, Texas, in public education for all 1968, to protect the rights of schoolchildren, regardless Mexican Americans through of their parent’s immigralitigation, advocacy, and tion status. leadership development. In Recently, it has focused the 40 years since its inception, on cases involving the redisit has become the nation’s leadtricting of congressional and ing Latino legal civil rights other legislative districts to organization. Wherever offer Latinos equal electoral and whenever possible, opportunities. Last June, MALDEF steps in to proMALDEF filed suit in Texas tect the rights of Latinos to ensure that the state — VICTOR VIRAMONTES and promote social change. complied with the federal The organization is often Voting Rights Act (VRA), referred to as the “law firm of the Latino community.” which bans racial discrimination in voting practices by the Headquartered in Los Angeles, it has offices in Los federal government as well as by state and locate governAngeles, San Antonio, Chicago, and Washington, D.C., and ments.1 According to the VRA, Texas is required to increase the current number of Latino-majority Texas House and is overseen by a 30-member board of directors. It currently congressional districts to match the state’s Latino growth, as employs 21 attorneys. MALDEF’s approach to social change measured by recently released Census data. involves advocacy, communications, community education, “Latinos in Texas have earned the right to districts and litigation. It has four distinct areas of focus: education, that reflect their strength and importance in the state,” employment, immigrant rights, and political access. explains Thomas A. Saenz, MALDEF president and “MALDEF is a small group of dedicated lawyers and general counsel2, noting that this suit was a first step staff who believe in our mission to litigate on behalf of

“WE THINK PROACTIVELY ABOUT HOW TO ADVANCE THE CIVIL RIGHTS OF LATINOS AND RESPOND QUICKLY WHEN LATINOS COME UNDER ATTACK THROUGH UNFAIR DISCRIMINATION”

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toward securing that right. Litigation is likely to continue to be a major focus, Saenz says, because the rights of Latinos are continually being challenged. For example, the prevalence of local counties neglecting to comply with the VRA, particularly in California, is notable, he says. “We’re pretty busy with redistricting these days, as well as responding to a THOMAS A. SAENZ wave of anti-immigrant statutes and ordinances from unscrupulous leaders reacting to perceived fear of the Latino community in states such as Arizona, Alabama, and elsewhere.” Ensuring educational policy is fair to Latinos is another important area of focus. “Latinos represent about one in six Americans,” Saenz notes. “And if you look at public schools, it’s higher: one in ﬁve. Some of this is because of the relative youth of the Latino population, but it’s also because people in the Latino community do attend public schools. And public school education has been a foundation issue for us that will provide an entrée to success in other areas such as policy making and voting rights. It’s critical over the long term.” TENACITY OVER TIME

It certainly takes a commitment to the long term, as well as a vision of how each victory will add up, to achieve the social change MALDEF is after. Saenz is confident the organization and its tireless attorneys have what it takes. “We have tenacity. We are champions of constitutional and civil rights,” he says, adding that MALDEF’s attorneys always have an eye on long-term impact. Although the organization faced economic cutbacks in 2008 and 2009, which led to layoffs and the closing of two offices, Saenz is optimistic about the future. In the past two years, the organization has rebuilt one of its offices, in Sacramento, and restored positions that had MCCA.COM

been eliminated. Another recent success is the addition of a litigator in its Washington, D.C., office, a critical step in its long-term mission to have a widespread impact on policy making and social change. “We have placed a litigator in D.C. primarily to serve the South, which we previously served through an Atlanta regional office that was unfortunately VICTOR VIRAMONTES closed due to financial considerations in 2009,” Saenz explains. ‘We plan to eventually reopen a southern regional office, but will be working to build a strong southern docket of cases before doing that through our D.C. office litigation team.” Saenz is also proud of an initiative that has continued without interruption: its Law School Scholarship Program, which has awarded scholarships to law students every year since the organization’s founding. It’s evident that MALDEF’s strengths lie in its attorneys and that it has been successful in supporting, training, and utilizing attorneys who are talented and creative, as well as dedicated to civil rights. “We have significant expertise in our programmatic areas such as immigrants’ rights, and are willing to put in the hard work necessary to present our cases in courtrooms throughout the country,” explains Viramontes. “We take on these cases because we deeply value Latino civil rights, and we strive to protect and further these rights every day that we go to work.” D&B Kara Mayer Robinson is a freelance writer based near New York City. For more information, visit maldef.org. 1

The VRA was passed in 1965 and has been reauthorized five times, most recently in 2006. 2 Saenz previously served as a staff attorney for MALDEF from 1993-2005, returning in 2009 as executive director.

JANUARY/FEBRUARY 2012

DIVERSITY & THE BAR®

DIVERSITY NEWS

BY LORI GARRETT

MCCA RELEASES NEW RESEARCH REPORT ON DIVERSITY IN CORPORATE LEGAL DEPARTMENTS MCCA IS PLEASED TO ANNOUNCE THE RELEASE OF ITS Sustaining Pathways to Diversity® A Comprehensive Examination of Diversity Demographics, Initiatives, and Policies in Corporate Legal Departments research report. This is MCCA’s 10th report, and it is

benchmark research spotlighting diversity demographics within corporate legal departments. This important and timely study also examines specific efforts and initiatives undertaken by companies to support and promote diversity and inclusion throughout the legal industry. This report was written in collaboration with the NALP Foundation. Supporting and improving diversity and inclusion in the legal industry has been an important and challenging business strategy for corporations and their legal departments for a number of years. The findings in this report reflect data collected in the first quarter of 2011 from online surveys completed by 765 corporate legal departments. Three percent of the responding legal departments had headquarters outside of the United States, with approximately two-thirds of those located in Canada. The report on this study of diversity and inclusion is segmented into three major sections: (1) diversity demographics, (2) diversity program structures and administration, and (3) tracking and measuring outside counsel efforts. The major findings are summarized below. CORPORATE LEGAL DEPARTMENT DIVERSITY DEMOGRAPHICS

Respondents were asked to provide the number of attorneys in their U.S. legal departments as well as a breakdown of those attorneys by race/ethnic minority, gender, sexual orientation, and physically challenged or disabled status. The respondents consisted of law departments of various sizes. Approximately 62 percent of the responding legal departments employed 10 or fewer attorneys, while 17 percent reported legal departments of over 50 attorneys. Overall, 20 percent of the responding legal departments reported that their top legal oﬃcer position was held by an DIVERSITY & THE BAR®

JANUARY/FEBRUARY 2012

individual who is a racial/ethnic minority. Thirty-six percent of the respondents reported that their top legal officer was a woman, while only 9 percent reported that the position was held by a racial/ethnic minority woman. Thirty-one percent of the legal departments with only one employee (who would most commonly also be considered the top legal officer) reported that those individuals were racial/ethnic minority attorneys. In contrast, only 10 percent of the responding departments of more than 75 attorneys reported that their top legal officer was a racial/ ethnic minority. For additional findings, see Table 1. Legal departments of up to five attorneys reported the highest percentage of total other attorneys who are race/ethnic minorities (21 percent). Departments of 26 to 75 attorneys reported the lowest percentage of total other attorneys who are race/ethnic minorities (15 percent). CORPORATE LEGAL DEPARTMENT DIVERSITY PROGRAM STRUCTURES AND ADMINISTRATION

Overall, only 30 percent of responding legal departments reported having some type of diversity and inclusion program. However, the larger the department, the more likely it was to have a program in place. For example, only 14 percent of the small departments with 2 to 5 attorneys reported having a diversity program, while 87 percent of respondents with over 75 attorneys favorably responded to having a formal or informal program. Thirty-one percent of the legal departments of 11 to 25 attorneys reported having special outreach or recruiting efforts to attract racial/ethnic minority attorneys, while midsized departments of 26 to 75 and large departments of 76 or more attorneys reported having these outreach efforts in place at much higher percentages, 52 percent and 74 percent, respectively. Overall, only 13 percent of the responding legal departments stated that they had special outreach efforts in place for attracting women attorneys, MCCA.COM

yet 54 percent of the largest departments of more than 75 attorneys have these eﬀorts as part of their diversity plan. TRACKING AND MEASURING DIVERSITY EFFORTS OF OUTSIDE COUNSEL

Over one-half of the departments with 26 attorneys or more reported that they survey or meet with their outside counsel to track results and measure progress. Ninety-one percent of respondents, overall, said that they did not track hours billed for specific diversity groups, yet 53 percent of the largest legal departments (i.e., more than 75 attorneys) stated that they tracked billable hours for race/ethnic minority attorneys, and one-half stated that they track hours for women attorneys. Only 18 percent of these large departments track hours billed for LGBT attorneys, and even fewer (11 percent) track hours for physically challenged or disabled attorneys. Overall, only 8 percent of responding legal departments reported that they have changed their relationship with any law firm based on the diversity metrics or efforts of the firm. Those departments that did implement some type of change most commonly reported that the change resulted in a reallocation in work assigned to the firm. Table 2 illustrates the various ways in which the legal departments that do track or measure the diversity efforts and progress of their outside counsel approach the issue. While this informative data sheds light on the demographics and diversity programs for legal departments as of 2010, MCCA has plans to continue this research and update these results in years to come. To download a free copy of Sustaining Pathways to Diversity® A Comprehensive Examination of Diversity Demographics, Initiatives, and Policies in Corporate Legal Departments, please visit http:// www.mcca.com/_data/global/images/Research/ MCCA_CLDD_Book.pdf. D&B MCCA.COM

TABLE 1: DIVERSITY DEMOGRAPHICS OF U.S. DIRECT REPORTS IN PARTICIPATING COMPANIES (Individuals may be counted in more S I Z E O F U . S . L E G A L D E PA R T M E N T than one demographic category.) ( T O TA L AT T O R N E Y S E M P L O Y E D 1 / 1 / 2 0 1 0 )

PERCENT OF U.S. DIRECT REPORTS WHO ARE:

All

2-5

6-10

11-25

26-75

> 75

Race/ethnic Minority

16 %

23 %

16 %

15 %

13 %

17 %

White (non-Hispanic)

84 %

77 %

84 %

85 %

87 %

83 %

Men

56 %

41 %

49 %

59 %

62 %

68 %

Women

44 %

59 %

51 %

41 %

38 %

32 %

Race/ethnic Minority Men

11 %

White (nonHispanic) Men

49 %

35 %

43 %

50 %

55 %

57 %

Race/ethnic Minority Women

17 %

11 %

White (nonHispanic) Women

35 %

42 %

41 %

35 %

32 %

27 %

Openly LGBT

Physically Challenged or Disabled

<1 %

Results for Race/Ethnic Minority vs. White and Men vs. Women are based on 390 companies with complete data on these categories. These 390 companies had 2,330 Direct Reports to the top legal officer. Results for Openly LGBT are based on 335 companies which provided data in this category, and these 335 companies employed 1,902 Direct Reports. Results for Physically Challenged or Disabled are based on 326 companies which provided data in this category, and these 326 companies employed 1,781 Direct Reports. ** Insufficient cases for analysis.

TABLE 2: TRACKING DIVERSITY EFFORTS AND RESULTS OUTSIDE OF COUNSEL Formal Tracking 28%*

No Tracking cking 25%

Meetings with Outside e Counsel 13% 3%

Surveyss of Outside e Counsel el 13%

Informal Informa Tracking 23%** Trackin

* Formal tracking includes any organized system for tracking work performed by outside counsel other than a survey. Ex: through billing system, in a database, other formal records. ** Informal tracking includes encouragement to work with diverse outside counsel, actively looking for diverse outside counsel, making sure lead outside counsel is a minority.

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DIVERSITY & THE BAR®

MOVERS & SHAKERS

MIGUEL RIVERA

VANESSA ALLEN SUTHERLAND

Vice President, Deputy General Counsel Collective Brands, Inc.

COMPILED BY JOSHUA H. SHIELDS

Chief Counsel to the Pipeline and Hazardous Material Safety Administration U.S. Department of Transportation

Collective Brands, Inc. welcomed Miguel Rivera to its team. Rivera will serve as vice president and deputy general counsel. He will head a critical role in the law department and be responsible for leading the legal team on matters of intellectual property, corporate law, employment, and litigation. Rivera formerly served as Walmart’s associate general counsel for product liability litigation. Before that role he served as the commissioner of labor for the state of Indiana. From 1998 to 2004, Rivera served in a range of senior legal and business roles at Cummins, Inc., including director, Six Sigma projects, and senior corporate counsel for global litigation. He earned his J.D. and B.A. from the University of Illinois in Champaign, Illinois.

Vanessa Allen Sutherland was sworn in for a White House appointment as chief counsel to the Pipeline and Hazardous Material Safety Administration within the U.S. Department of Transportation. She joins the Department of Transportation after seven years as senior counsel at Altria Client Services in Richmond, Virginia. In this capacity, she managed technology transactions, procurement matters, data security and privacy issues, packaging, competitive intelligence, U.S. Customs regulatory issues, state and federal audits, and the corporate reorganization, dissolution and spinoff of international entities. Immediately prior to that, Sutherland was in various legal roles at MCI/WorldCom, including vice president and Deputy General Counsel for its webhosting and outsourcing subsidiary. She holds a J.D. from American University and a B.A. from Drew University.

WALTER SUTTON Martin Luther King, Jr. Justice Award recipient Dallas Bar Association

The Dallas Bar Association honored Dr. Walter L. Sutton with the 2012 Martin Luther King, Jr. Justice Award for being a leader who demonstrates the values and ideals of Dr. King. Dr. Sutton grew up in Marshall, Texas, where he attended segregated schools. Graduating early, he attended college at the University of Denver then went to work for the Ford Motor Company in Dearborn, Michigan. A local judge encouraged him to go to law school. He earned a full scholarship to the University of Michigan School of Law. Dr. Sutton was the first African American in Tenneco Oil Company’s legal department and was also the first African American lawyer for Texas Instruments. He earned a Ph.D. at the University of Texas at Dallas and was appointed to a position in the Clinton administration. He has paved the way for countless young lawyers.

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

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Alice Tully Hall, Lincoln Center, New York, NY

Save the Date!

September 11, 2012 Join MCCA for an amazing evening honoring the nation’s foremost corporate and industry leaders at one unforgettable awards presentation, celebrating diversity and inclusion in the legal community. For more information you can contact: Jennifer Chen, Vice President – External Relations, 202-739-5902 or jenchen@mcca.com

Sponsored by To learn more visit mcca.com/gala

+63

he Scale MCCA WEIGHS IN ON THE NEWS

Teaching Lawyers the Business Law students spend at least three years and as much as $150,000 for a legal degree yet lack real-world experience when they enter firms. For decades clients have essentially underwritten the training of new lawyers, paying as much as $300 an hour for the time of associates learning on the job. This has helped hasten a historic decline in hiring. The legal services market has shrunk for three consecutive years, according to the Bureau of Labor Statistics. Altogether, the top 250 firms—which hired 27 percent of graduates from the top 50 law schools last year—have lost nearly 10,000 jobs since 2008, according to an April survey by The National Law Journal. The essential how-to’s of daily practice are a subject many professors know little about. One 2010 study of hiring at top-tier law schools since 2000 found that the median amount of practical experience was one year, and that nearly half of faculty members had never practiced law for a single day. Imagine if the medical field took the same approach. -3

Obama Administration to Consider Gay Rights When Allocating Foreign Aid The Obama administration is announced a wide-ranging effort to use U.S. foreign aid to promote rights for gays and lesbians abroad, including combating attempts by foreign governments to criminalize homosexuality. The president ordered U.S. agencies to protect vulnerable gay and lesbian refugees and asylum seekers and to use foreign aid to assist gays and lesbians who are facing human rights violations. This is the first time the U.S. government has used its power to combat human rights abuses against gays and lesbians. The move is a significant step for ensuring that gays and lesbians are treated equally around the world. The directive applies to all U.S. agencies involved in foreign aid, assistance and development, including the Departments of State, the Treasury, Defense, and Homeland Security. +2

Alabama Immigration Law Nets Mercedes Executive A German manager for the automaker, which has a factory in Alabama, was arrested after an officer pulled him over because his rental car didn’t have tags. He had his German identification card, but not his passport. Under the new law, police are required to arrest anyone they suspect of being in the country illegally if the suspect can’t produce identification. He was released after a colleague retrieved his passport from his hotel. The arrest has brought attention to a controversial law that is seen by many as xenophobic and others as a means to uphold the law and protect jobs. -1

Help MCCA weigh the news! Send diversity related news articles to joshshields@mcca.com.

THIS ISSUE’S READING: +1

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“Segregation Academy” Looks to Move Beyond History Nearly 50 years after it opened as a sanctuary for white students in a county that resisted school desegregation to the very end, the Fuqua School wants to move beyond its historically racist ways. Farmville, Va., population 8,200, the seat of Prince Edward County, is one of dozens of towns across the South where private schools sprang up in the 1950s and ’60s to serve an all-white clientele after public schools were ordered to desegregate. Prince Edward closed its public schools from 1959 to 1964 rather than complying. It was among the last school systems in the country to give up the fight. In 1981, school headmaster Robert T. Redd told a historian: “Most blacks simply do not have the ability to do quality schoolwork.” The school accepted its first African American student in the late 1980s. Fuqua was viewed as a symbol of defiance to the Supreme Court’s 1954 Brown v. Board of Education ruling well into the 21st century. In order to shed its image, the school’s president met with Charles Williams, a freshman quarterback for the local “black” high school in 2008. Williams, she thought, would be the perfect black student ambassador to show the town that the school really is moving beyond its past. Three years later, Williams is captain of the football team and members of the black community attend games. The old wounds aren’t healed in Farmville, but old barriers are finally falling. +3

LAST ISSUE: 62

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New in 2012! MCCA is proud to announce the creation of the

Academy for Leadership & Inclusion This Academy is a groundbreaking, interactive training program designed for your legal department or law firm to help you define, create, and sustain a diverse and inclusive workplace. As a participant, you will learn inclusion principles that can be implemented immediately within your organization. In partnership with the Center for Legal Inclusiveness, MCCA will present this training across the country throughout 2012! Courses will be offered in the following cities: Houston, Chicago, Miami, Washington, DC, Los Angeles, New York, Atlanta, Seattle, Minneapolis, and Kansas City.

To learn more and register: visit www.mcca.com

Exclusive and free for: t .$$" T NFNCFST t -BX GJSNT JO .$$" T 'JSN "GGJMJBUF /FUXPSL '"/

Interested in becoming a member or FAN? Contact David Chu at davidchu@mcca.com