® March/April 2012
A
FAIR SHOT A PROFILE OF
JUDGE D ENN Y CHIN
PRO BONO PROFILES PAGE 26
WHO MADE PARTNER IN 2011? PAGE 38
March/April 2012
FEATURES
16 A Fair Shot The Honorable Denny Chin is the highest ranking Asian American judge in the federal courts. He presided over such high-profile cases as a constitutional challenge to Megan’s Law, the guilty plea and sentencing of Bernard Madoff, and the Google Books settlement while he was a district judge. His rise to the Court of Appeals for the Second Circuit is a great American story. Let’s hope it is far from over. BY JOSHUA H. SHIELDS 26 Pro Bono Profiles
p.16 COLUMNS
DEPARTMENTS
8 Notes from the President & CEO
42 Association Focus
10 Perseverance in Profile
BY MICHELLE NEALY
Highlighting the contributions and talents of attorneys with disabilities.
46 Diversity News
Kim Forde-Mazrui
An excerpt from The Next IQ, a new book by Dr. Arin Reeves
BY TOM CALARCO
Pro Bono Institute
12 Lawyer’s Lantern Offering illuminating professional guidance for your career.
48 Movers & Shakers
BY LORI L . GARRETT
50 The Scale
14 Spotlighting
MCCA Weighs the News BY JOSHUA H . SHIELDS
Camilla Eng
Pro bono work is a common practice in the legal field. Lawyers offer their expertise free of charge to organizations and individuals who require the best legal representation but cannot afford it. Pro bono recipients are often low-income and disadvantaged individuals, families, and nonprofit organizations. Diversity & the Bar takes a look at some of the lawyers working pro bono in America. BY PATRICK FOLLIARD
p.26
32 Moving the Needle Diversity professionals are becoming commonplace in companies. Their goal is to move the needle throughout the entire organization. Diversity professionals have a lot of challenges but are working toward making diversity and inclusion an integral part of every company. BY KARA MAYER ROBINSON
38 2011 Diverse Partner Promotions MCCA congratulates the attorneys of color joining the partnership ranks in 2011. COMPILED BY JOSHUA H . SHIELDS
BY PATRICK FOLLIARD
2011 STRATEGIC DIVERSITY SPONSORS
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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.
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.
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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.
Mary E. Snapp Corporate Vice President & Deputy General Counsel Legal & Corporate Affairs, Microsoft Corporation
Simone Wu General Counsel & Corporate Secretary Choice Hotels International, Inc. Advertising For advertising inquiries, contact Don Cooksey, Montrose Media Sales, at donald.cooksey@verizon.net. 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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MARCH/APRIL 2012
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. Microsoft Corporation MillerCoors Monsanto Company Morgan Stanley 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 Inc. Sara Lee Corporation
S.C. Johnson & Son, Inc. Sears, Roebuck and Co. Sempra Energy Shell Oil Company Sodexo Sony Electronics, Inc. Southern California Edison Company Science Applications International Corporation (SAIC) Staples, Inc. Starbucks Coffee Company Starwood Hotels & Resorts Worldwide, Inc. Spanish Broadcasting System 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 Communications Walmart Stores, Inc. WellPoint, Inc. Waste Management Wells Fargo & Company Xerox Corporation XO Holdings, Inc. Zenith Insurance Company
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.
Executive Vice President & General Counsel Starwood Hotels & Resorts Worldwide, Inc.
Senior Vice President & General Counsel, Dell, Inc.
Diageo North America Inc. Dignity Health Duke Energy DuPont DynCorp International Eaton Corporation Eli Lilly and Company Entergy Corporation Estée Lauder Companies Inc. Exelon Business Services Company Fannie Mae Federal Home Loan Bank of San Francisco Flagstar Bank Freddie Mac Gap Inc. Genentech, Inc. General Electric Company General Mills Inc. GlaxoSmithKline Graduate Management Admission Council Hewlett-Packard Company HJ Heinz Company H.J. Russell & Company Halliburton Harley-Davidson Inc. Honeywell International IBM Corporation 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
MCCA® Law Firm Affiliates
Kenneth S. Siegel
Lawrence P. Tu
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 Financial Corporation Caraustar Industries, Inc. Cargill Inc. Catalent Pharma Solutions 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 America
Bressler, Amery & Ross PC Bricker & Eckler LLP Buchanan Ingersoll & Rooney PC Butler, Snow, O’Mara, Stevens & Cannada, PLLC Davis & Gilbert LLP DeMahy Labrador & Drake, PA Duane Morris LLP Epstein, Becker & Green, PC Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Fitzpatrick, Cella, Harper & Scinto Frost Brown Todd LLC Goldberg Segalla, LLP Hamilton Miller & Birthisel LLP Helms & Greene LLC
Hinkley Allen & Snyder LLP Ice Miller LLP Igbanugo Partners International Law Firm Kenyon & Kenyon LLP King Branson LLC Lathrop & Gage LLP Littler Mendelson P.C. Loeb & Loeb LLP McGuireWoods LLP Montgomery, Barnett, Brown, Read, Hammond & Mintz LLP Morgan, Lewis & Bockius LLP Pepper Hamilton, LLP Peter Law Group Porzio, Bromberg & Newman, PC
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
Quarles & Brady LLP Rivero Mestre, LLP Rooney Rippie & Ratnaswamy, LLP Sanchez & Amador, LLP Shook, Hardy & Bacon LLP Snell & Wilmer LLP Steptoe & Johnson LLP Sughrue Mion PLLC Sutherland Asbill & Brennan LLP The Goldstein Environmental Law Firm P.A. Thompson Hine LLP Waas Campbell Rivera Johnson & Velasquez LLP Winston & Strawn LLP Zuber & Taillieu LLP
respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or other data, including statistical or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. MCCA is not responsible for, and expressly disclaims and denies liability for, damages of any kind arising out of use, reference to, or reliance upon such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by MCCA with respect to such information. Copyright in this publication, including all articles and editorial information contained herein, is exclusively owned by MCCA and MCCA reserves all rights to such information. MCCA is a tax-exempt corporation organized in accordance with section 501(c)(3) of the Internal Revenue Code. Its tax ID number is 13-3920905.
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Notes From the President & CEO
YOUR TALENT MAY BE ABOUT TO LEAVE, HERE’S WHY If you are anywhere below the top of the food chain in your organization or work group, please place a copy of this column in company mail directed to your general counsel, managing partner, or section/ practice group head. Or direct them to a copy of it on mcca.com. I’ d like to share a few salient facts: Dear Sir or Madam,
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The legal profession remains the least diverse whitecollar profession in the country. It is not because of a lack of focus on diversity as a recruiting tool. Instead, it is the result of the lack of inclusiveness as a retention and advancement tool. Right now, one of your brightest stars is contemplating leaving your organization. You won’t see this coming, but the signs are there. She or he is now applying their considerable talents to representing your organization well, with little to no recognition. Despite facing almost daily slights and micro-inequities; despite often being deprived of credit they have earned or enduring blame they have not; and despite being held to performance and evaluation standards that neither her peers nor superiors face. On top of this, she or he may face pressures at home that you cannot imagine. Yes, we are all adults, but is there truly an even playing field within your organization? Do some people receive multiple opportunities to both succeed and fail, while others receive one of each, or simply none of either? Are all of the people in your organization benefiting from what I call the “Tri - I” approach, meaning “Include, Invest, and Intercede”? Have you done your best to include every employee in the flow, culture, and DNA of your organization?
Have you invested in them with opportunities for training, business development, stretch assignments, and high-profile work? Do they have a “sponsor,” as the GC of Allstate Michelle Coleman Mayes calls it, who can intervene to correct errors or expend political capital on their behalf? If you are in a position of leadership, you likely had all of these things and you turned out pretty well. I ask that you seek out whomever sent you this article. As Judge Denny Chin advises in this issue, “give them a fair shot.” Take them to lunch and listen to what they have to say. They will appreciate it, and they will return to their work with a renewed sense of purpose, loyalty, and resolve. As much as this step will benefit them, in the long run it will benefit your organization even more. Imagine that. Joe JOSEPH K. WEST
President & CEO MCCA_law
www.facebook.com/mcca.law
Publications Staff President & CEO Joseph K. West Founder and Publisher Emeritus Lloyd M. Johnson Jr. Editor-in-Chief Joshua H. Shields
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Publishing Consultants Bill Cox Toni Coleman Advertising Kevin Buck Lucy M. Jones Design/Art Direction QuadCreative
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 Tom Calarco Patrick Folliard Lori L. Garrett Michelle Nealy Kara Mayer Robinson Joshua H. Shields
MCCA.COM
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! 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
Perseverance in Profile
KIM FORDE-MAZRUI: STRIVING FOR EQUALITY THROUGH LAW
W BY TOM CALARCO
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hen University of Virginia School of Law Professor Kim Forde-Mazrui was 10, he contracted a case of chickenpox that left him legally blind. His blindness not only forced him to be a self-reliant problem solver, but also made him cognizant of his reliance on other people. “When I became legally blind, I received a lot of love and support from others,” he says, “which helped me cope with what was happening. The help I got from my parents, brothers, friends, teachers, and other professionals taught me that whatever success I would have would not be due solely to my talent and drive.” While both of his parents supported him, his mother took primary responsibility for the practicalities. “She took me to several doctors to diagnose the cause of my blindness and to learn how best to use my remaining sight with low-vision aids. She also hired someone to teach me braille and typing, and she introduced me to legally blind mentors. My mom is a no-nonsense Yorkshire woman. Her philosophy was that we just had to deal with it.” Forde-Mazrui took the same pragmatic approach to adapt to his visual impairment. His condition, optic
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nerve atrophy, was caused by a rare genetic disease called Leber’s hereditary optic neuropathy, the onset of which was triggered by chickenpox. Forde-Mazrui’s two older brothers also later developed the condition. “I focused on finding things I could do, even if in a different way,” he says. This included learning through audio books and developing skills to compensate for his lack of sight, such as strengthening his memory. It also meant accepting his limitations. “I was a restaurant dishwasher for a long time during high school and college in Ann Arbor, Michigan,” he recalls. “Usually, you start out as a dishwasher and then, if you’re responsible, you get promoted to cook or waiter, and if you’re not, you get fired. I was a good employee but I could not see well enough to cook or wait tables. I did not feel demeaned, however, because I knew I was doing all I could. And I was probably the highest paid dishwasher ever by the time I left.” Coming to terms with his limitations could be difficult. He recalls, for example, his disappointment as a child at no longer being able to play baseball after losing his vision and how he was forced to identify other means of accomplishment. “If I couldn’t be a good ball player,” he says, “I had to find other ways to value myself, like looking more at how hard I work or how I treat people.” Such experiences shaped his attitude about those less fortunate. “I’m very strong on not judging people for things that aren’t their fault, like if they’re poor or have a disability.” This led Forde-Mazrui to sign up for the Family Law Project and the Child Advocacy Law Clinic during law school at the University of Michigan. Through those programs, respectively, he provided legal services to low-income, battered women and to low-income children experiencing abuse or neglect. “I’m not unusual. The great majority of people help those in need, many to a degree far more impressive than I do,” he says. MCCA.COM
It also influenced the social consciousness underlying his research interests, which include affirmative action, interracial adoption, same-sex marriage, and racial and ethnic profiling. His familial roots also had a great impact. Forde-Mazrui is the product of an interracial and interreligious marriage. His father is black, Kenyan, and Muslim, and his mother is white, British, and raised Christian. Both are educators: his father, a renowned political science professor, and his mother, a high school foreign language teacher. In addition, Forde-Mazrui was born in Uganda during the reign of Idi Amin. His father, at the time, began speaking out against the increasingly brutal regime and, fearing retaliation, moved his family to the United States. “Growing up, observing my parents, it never occurred to me that race and religion were issues that often divided people,” says the 43-year-old Forde-Mazrui. Forde-Mazrui is also interracially married. His white wife, with whom he hyphenated his last name, combines Finnish, Danish, English, and Irish
Forde-Mazrui a unique perspective that allows him to understand and respect different sides of certain issues. In his paper, “The Constitutional Implications of Race-Neutral Affirmative Action,” published in the Georgetown Law Journal in 2000, he argues that race-neutral policies can still promote diversity “by including people from different social, political, or economic backgrounds, [those] having had different life experiences, or holding various viewpoints or perspectives. Such diversity is clearly a legitimate interest, particularly in educational contexts.” His scholarship on race and law led to his appointment as the first director of the University of Virginia School of Law’s Center for the Study of Race and Law in 2003. The founding of the center, which offers lectures, conferences, courses, and resources for research on race and law, was prompted by a racially motivated crime on the undergraduate campus. Under Forde-Mazrui’s leadership, the center developed a national reputation among legal scholars, and in 2007 the center co-authored a winning brief to the U.S. Supreme Court in Kimbrough v. United States, which held that trial judges have discretion to depart from crackpowder sentencing guidelines. In 2010 he stepped down as director. He explained his reasons in a 2010 article in UVA Lawyer: “Despite the generous support I received from others in running the center, it still consumed enormous amounts of my time, preventing me from spending as much time as I would like on my own scholarship and on law school governance.” Forde-Mazrui has been honored with a number of awards since entering
My philosophy is to accept reality as a starting point. I accept my blindness, and its limitations and challenges. heritages. Forde-Mazrui is also the proud father of his son, now in graduate school, who happens to be gay. This mix of experiences with race, religion, national origin, sexual orientation, and disability has given MCCA.COM
law school in 1990. Among the most meaningful to him was the Henry M. Bates Memorial Scholarship that he received upon graduation from the University of Michigan Law School for his scholarship, personality, character, extracurricular activities, and the promise he showed in the legal field. “It’s important to me because it was a vote of confidence by the entire faculty,” he says. Another important award was his selection as the first Justice Thurgood Marshall Distinguished Research Professor of Law at the University of Virginia, which is awarded to scholars of distinction whose work will further the U.S. Supreme Court justice’s legacy. Forde-Mazrui enjoys his career as a law professor and legal scholar, and says he entertains no other ambitions for the time being. “I’m grateful to have the opportunity to teach and write about what I believe is important,” he says, but adds on reflection, “At some point, the idea of being an appellate judge or working for the government to implement policy in the interest of equality and civil rights might interest me.” A current project is a casebook on race and the law that will enable law students to study the intersection of race and law in a variety of contexts, such as marriage and child placement, education, employment, political participation, free speech, and criminal justice. “My philosophy is to accept reality as a starting point,” he says of his approach to success. “I accept my blindness, and its limitations and challenges. They are the cards I’ve been dealt. But I also recognize that you have the power to change your situation going forward to overcome apparent obstacles, and that you must have the confidence and patience to achieve your goals.” D&B Tom Calarco is a freelance writer based in Altamonte Springs, Fla. MARCH/APRIL 2012
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Lawyer’s Lantern
MANAGEMENT FOR DUMMIES LAWYERS BY LORI L. GARRETT
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As a lawyer, I feel entitled to poke fun at my profession. One thing I have noticed about lawyers is that some people consider us know-it-alls. On one hand, many lawyers do know a lot about a variety of subjects. It is how we properly advise our clients. On the other hand, one area where lawyers think they know it all, but often do not, is in managing people. Are you a good lawyermanager? What has made you qualified to manage others? If you are not sure, I have a short survey for you. This test is easy and you can do it right at your desk. You do not need a pencil or to visit an online survey. Just think about your answers to the following questions. Ready?
Q
UESTION ONE: Did you take a management skills course in law school? Yes or no. QUESTION TWO: Have you recently read a book on how to be a better manager? Yes or no.
QUESTION THREE: Have you conducted an upward-review (where your staff evaluates you as a manager)? Yes or no.
If you answered yes to all three questions, great job! You are probably a pretty good lawyer-manager because you have taken actions to help focus on your management skills. If you answered no to all three questions, you could also be a good lawyer-manager. If you are it is probably because of luck and trial-and-error. You still might benefit from devoting some time to learning more about what actually makes a good lawyer-manager, and you should definitely keep reading to find out five simple tips to start. DIVERSITY & THE BAR®
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MCCA.COM
Without the ability to listen, a lawyer-manager may often miss critical information a team is seeking to share.
Before we get into the tips, however, let me first clarify why I refer here to “lawyer-managers” as opposed to just managers. Notions of what makes a lawyer effective vary, but lawyers are typically considered good if they get their clients favorable outcomes, if they are strong analytical thinkers, professional, persuasive, and use good business judgment. I think that to be considered a great lawyer one also has to know how to manage people. That said, let’s get right into four key traits of good lawyer-managers. 1. Willing to Entrust—Good lawyer-managers learn how to commit responsibility for delivering excellent work product in trust to their teams.
Good lawyer-managers allow their teams to be the owners of projects, which may be uncomfortable. It is risky to entrust someone else to deliver a high-quality product or result under your name. There can be comfort in excessively controlling everything, including the minor details. However, a good lawyer-manager learns the strengths and weaknesses of his or her team, and from then on, entrusting them becomes a calculated risk. With this approach, there may be a chance of failure, but the probability of that chance is estimated before some action is undertaken. Good lawyer-managers MCCA.COM
plan for the likelihood of failure with forethought and therefore are better prepared if something goes wrong. 2. Ask Questions—A good lawyer-manager realizes that he or she needs complete information to properly lead the team.
By regularly asking questions to understand roles, problems, history, and background, a good lawyer-manager encourages the exchange of ideas and information amongst his or her team. This inquisitiveness ultimately leads to the lawyer-manager’s ability to make more fully informed decisions. 3. Make Time—Lawyers are extremely busy.
No one has time these days. However, managers have to find time to check in regularly with their team. Good lawyer-managers make time to hear the needs of their team, understand how projects are progressing, give people the opportunity to ask their questions, and observe the dynamic playing out amongst team members. A lawyer-manager who makes time for his or her team reaps the reward of a team that feels connected and engaged with their supervisor. 4. Communication—One of the most critically important aspects of managing is giving clear direction.
Lawyer-managers are responsible for communicating verbally, through email, and even by using body language. Expectations must be conveyed plainly and unambiguously. No team member should ever be confused about who is responsible for what, when items are due, how projects will be completed, and what is expected of them. Leaders often fail to explain why certain work is being performed and fail to give context to, or explain the bigger picture for, decisions related to a project. Communicating about purpose cannot be underestimated. Open and frank communication facilitates a team’s efficiency. 5. Listening—Lawyer-managers must be keen listeners.
They must be able to hear their staff, which requires them to stop and actively engage in the process of becoming aware of the thoughts, ideas, and concerns of the people working for them. Good lawyer-managers must pay attention to the verbal and non-verbal communication of their team in order to receive the value the team brings to the table and anticipate the problems the team might face. Without the ability to listen, a lawyer-manager may often miss critical information a team is seeking to share. These are just five of a host of other attributes that make lawyers effective managers. Any lawyer who is responsible for leading one or more team member should give great consideration to how they manage. To take stock in current management skills and to improve upon them, lawyers might consider getting upward feedback from their staff, taking management courses, and reading a variety of management books. Knowit-alls truly should know it all. 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. MARCH/APRIL 2012
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Spotlighting
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“SCALING SUMMITS” Camilla Eng BY PATRICK FOLLIARD
Camilla Eng has taken an unorthodox path to general counsel. Her stints in the San Francisco City Attorney’s Office and Washington’s Capitol Hill prepared her for the myriad challenges that come with running the world’s largest plastic pipe manufacturer’s legal department.
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T
hese days Camilla Eng is regularly asked: Just how did she transition from a deputy city attorney for the Los Angeles City Attorney’s Office to become general counsel for J-M Manufacturing, Co., Inc. (JM Eagle), the world’s largest manufacturer of plastic pipes? During a recent panel discussion at the annual conference of the National Asian American Bar Association (NAPABA), she was asked the question again. “The two jobs may sound very different, I know, but the actual practice is more similar than one might think,” Eng explains. “As general counsel, I often lean on my experience as an in-house attorney for two of the three proprietary departments of the City of Los Angeles (Los Angeles World Airports and the Department of Water and Power) with respect to strengthening my partnerships with business units and managing outside counsel. These are fundamental skills for all in-house lawyers, and I was lucky enough to acquire this experience early in my career as a government lawyer.” Since joining the Los Angeles-based JM Eagle Manufacturing, Co., Inc. as its general counsel in late 2009, Eng has created the company’s now four-person legal department from the ground up; and today, she oversees all legal matters for the company and reports directly to the company’s senior executives including its CEO. Much of Eng’s ever-expanding skill set has come through baptism by fire. Two months into her tenure at JM Eagle, Eng embarked on a long-planned trip to Tanzania to climb Mount Kilimanjaro. She reached the storied peak’s summit in four days. When she returned to work she found a crowd of people gathered outside of her office. “I’d hoped they were waiting to congratulate me, but that wasn’t the case. We’d been named as defendants in a whistleblower lawsuit brought under the False Claims Act, which allows citizens to bring lawsuits on behalf of the United States and receive a portion of the settlement’s proceeds. Suddenly, I was up to my ears in litigation. “A whistleblower lawsuit requires niche expertise,” she explains, “so I immediately reached to the very best outside counsel while doing my best to remain organized and thoughtful. At times like this, knee-jerk decisions are rarely ever the smart ones.” Eng’s dynamic career has not gone unnoticed by her peers. Golden State Foods Corporate Vice President and General Counsel John Page first met Eng at an Association of Corporate Counsel (Southern California MCCA.COM
chapter) sponsored diversity event. “Camilla was delightful and dynamic in expressing her views on diversity,” he says. “She offered a refreshing take on what it takes to be a GC from her perspective. She provided examples of the different hats a GC must ably wear as well as the often overlooked role of working with C-suite executives.” He adds that she wisely uses a network of in-house attorneys as a sounding board. Tom Mars, executive vice president and chief administrative officer at Walmart U.S., concurs, noting Eng’s willingness to acknowledge what she doesn’t know and to reach out to others, when appropriate, to ask: “What do you think?” Because Eng has such an extensive network, he says, she is only a phone call away from getting a fully informed perspective on virtually any subject that crosses her desk. “Camilla wouldn’t be in her current GC role if it weren’t for her high standards of personal and professional ethics. She’s the kind of lawyer who understands, as Vince Foster once said, that ‘dents in your reputation can never be repaired.’ You won’t be reading or hearing anything about Camilla that doesn’t conform to the high standards she sets both for herself and for others,” Mars says. As an undergraduate at the University of California Davis, Eng perceived herself as not sufficiently bookish for law school. An interested
career counselor dispelled her misconception and urged Eng to sit for the LSAT. Encouraged by the experience, she decided to pursue a legal career. During her years at UC Hastings College of Law, says Eng, “there was a lot of pressure to get hired by a big firm and make big money. It was uncomfortable.” One afternoon, lured by the offer of free pizza, she attended a panel discussion about job opportunities in the San Francisco City Attorney’s Office. “The speakers seemed happy,” she recalls. “My becoming a city attorney struck me as a viable alternative to private practice.” Subsequently, Eng clerked at the City Attorney’s Office in San Francisco throughout law school, except for the months when she was a summer associate at a big, full-service national firm. After graduation, the firm made an offer. (“I lasted less than a year. It really wasn’t me. In fact, I hated it,” she says.) Next, Eng moved to Washington, D.C. and joined the staff of Congressman Mike Honda, a representative from Silicon Valley, in a non-legal capacity. After two years, Eng decided to return to California and restart her law career. She took her newly acquired knowledge about the inner workings of government to L.A., where she set her sights on a position in the City Attorney’s Office. There were no job openings so she volunteered her services, regularly working 60 or more hours a week.
“Camilla wouldn’t be in her current GC role if it weren’t for her high standards of personal and professional ethics.” –Tom Mars, Walmart U.S.
After two months, she was hired. “I’ve never been shy,” says Eng. “In my family—like with many immigrant Chinese families— resources are first invested in the son. I didn’t let that bother me. My stepbrother was in many ways the priority, but I made sure that I was heard and my needs were met as much as possible. I’m not afraid to ask for what I need. That’s translated to my career. “I come from very humble beginnings, but looking back, my becoming a lawyer makes a lot of sense,” says Eng. Growing up, she would sometimes help her parents’ immigrant friends with insurance and immigration paperwork. She remembers visiting the Chinatown garment factory where her mother worked as a seamstress and helping people with their official correspondence. “It meant a lot to me to be able to help them. Also, as a latchkey kid, I watched a lot of TV. I really liked ‘LA Law.’” Little did she know then she would one day be practicing law in L.A., like her television idols. At the L.A. City Attorney’s Office she learned contract real estate and renewable energy contract law. While there, she consistently reached out to minority law associations and encouraged their members to seek city contracts, leaving a mark on the office in terms of diversity. Eng describes her current position at JM Eagle as incredibly challenging but also totally exhilarating. She likens it to scaling summits. “When you’re climbing a mountain, the moment you join the tour you begin thinking ‘I hope I summit.’ And for four straight days that’s all you think about. As I mature, I realize we all have our own summit. My intent is to continue striving to reach my professional and personal summit as long as I live. I want to keep climbing.” D&B
Patrick Folliard is a freelance writer based in Silver Spring, Md. MCCA.COM
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A fair SHOT BY JOSHUA H. SHIELDS
JUDGE DENNY CHIN’S RISE THROUGH THE JUDICIAL RANKS IS A TESTAMENT TO HIS DEDICATION TO THE LAW, AND TO THOSE HE SERVES.
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JUDGE CHIN IN HIS MANHATTAN CHAMBERS.
n the same court where his immigrant Chinese grandfather took the oath of allegiance in 1947 to become a U.S. citizen, Denny Chin served as a trial judge for nearly 16 years, presiding over such high-profile cases as a constitutional challenge to Megan’s Law, the guilty plea and sentencing of Bernard Madoff, and the Google Books settlement.
“NOW I APPRECIATE HOW MUCH OF A TRAILBLAZER [MY GRANDFATHER] WAS.” - JUDGE DENNY CHIN
JUDGE CHIN’S OLDER SISTER DIANE, HIS MOTHER SUK YIN CHIN HOLDING HIS BROTHER DALY, AND HIS FATHER, BAKH THEUN CHIN, HOLDING THE FUTURE JUDGE. THE PHOTO WAS TAKEN IN HONG KONG IN 1955, A YEAR BEFORE THE FAMILY IMMIGRATED TO THE UNITED STATES.
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His recent elevation to the United States Court of Appeals for the Second Circuit—making him the only active Asian American federal appellate judge in the country—holds special significance for many, from the Chinatown community surrounding the courthouse to the minority law students he mentors to the litigants who come to court seeking justice. He takes all of those responsibilities seriously. “Everyone should get a fair shot. Everyone should have a full and fair opportunity to be heard. I’ve always believed that I got a fair shot, and that affects who I am now, both as a person and as a judge.” Judge Chin is often described as a trailblazer. He insists that his grandfather is more worthy of the designation. “Growing up, I never considered my grandfather to be a trailblazer. After all, I thought, he was just a Chinese waiter. Now I appreciate how much of a trailblazer he really was,” Chin says of his grandfather, Chin Doo Teung, who was 20 when he emigrated from China in the early 20th century. MCCA.COM
Teung arrived in Seattle on the steamship Ixion, despite the Chinese Exclusion Act of 1882 that prohibited immigration from China until 1943, when the law was repealed by the Magnuson Act. Like many immigrants before and after him, he came to America illegally as a “paper son,” fraudulently representing that he was the son of a U.S. citizen. Like many other immigrants who arrived on the West Coast, he traveled east, to New York City, in search of a better life.
EARLY FOUNDATIONS Like his grandfather, Chin’s parents were laborers; his father was a cook and his mother a seamstress in Chinatown garment factories. Neither spoke English. “I did not know any lawyers growing up. I had no inkling about going into the law,” says Chin, a graduate of Princeton University, who grew up in Manhattan’s Hell’s Kitchen as it was transitioning from an Irish neighborhood to a Hispanic one. MARCH/APRIL 2012
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“I basically went to law school because I did not know what to do with myself.” He uncovered his love of law after enrolling at Fordham University School of Law. “I had an internship with Judge Henry F. Werker, in the Southern District of New York. And that was when I decided not only that I wanted to be a lawyer but that I would come back someday and be a federal judge.” Chin is somewhat of a hometown hero who never forgot his roots. Chin’s judicial chambers overlook Chinatown. Every Friday at 7:30 a.m., for several years, Chin played basketball at Columbus Park, across the street from the courthouse. This was classic New York City playground basketball, as there was a diverse group, including prosecutors, ACLU lawyers, big-firm lawyers, law clerks, interns, and folks from the community. The Madoff case and Chin’s nomination to the appellate court received extensive coverage in the Chinatown newspapers. As a consequence, for a period of time, when Chin walked through Chinatown, 20
random strangers would congratulate him, and waiters would beam and smile at him at lunch. Chin’s photo is now on the wall of Joe’s Shanghai, home of the famous soup dumplings.
GIVING BACK It’s hard to imagine where Chin would be were it not for the exposure to new ideas and people he received during his undergraduate years at Princeton. “Pipeline is critical,” he says, referring to programs designed to provide students the resources and experiences necessary to enter the legal profession. “It’s clear that a lot of minority law students aren’t getting the right guidance.” Chin takes a personal interest in the pipeline. In his chambers he keeps mementos of past cases to show to students who tour the courts. In one corner he keeps stuffed gorillas, toy robots, and other exhibits from copyright and other intellectual property cases. He has found that they make great teaching tools. In addition to being a federal judge, Chin has been making an impression on students as an adjunct professor at his alma mater since 1986. Tina Matsuoka, a 2001 graduate of Fordham Law who is the executive director of the National Asian Pacific American Bar Association, distinctly remembers her first-year
“IT IS CRITICAL TO BE SMART, TO WRITE WELL, AND TO BE A GOOD LAWYER BUT IT IS ALSO IMPORTANT TO MEET PEOPLE, TO MAKE CONTACTS, AND TO BE A GOOD, ALL-AROUND PERSON. THERE MUST BE BALANCE.” JUDGE CHIN IN HIS COURTROOM.
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legal writing class with Chin. “I remember he walked in briskly, almost with a sense of purpose, and he made a deep impression on me because I had never met or known any lawyers and certainly had not known any Asian American lawyers,” she recounts. “He has a strong physical presence, but he spoke so softly and almost gently—in this tone where you would want to lean in—and introduced himself and talked about his theories on legal writing.” His dedication to his students is unparalleled, says Michael M. Martin, dean of Fordham University School of Law, who also taught Chin in the late 1970s. Some adjunct professors are busy with other jobs and don’t focus on teaching because there isn’t much pay, he says. However, “there are some people you can just count on, and Denny Chin is one of those people you can count on to be there and do an excellent job.” Matsuoka agrees that Chin is a special law professor. “He had been [teaching] for a long time and he didn’t take it for granted. Each student was important to him,” she recalls of her days as a student. “Even if you had the highest grade in the class, he would give you substantive comments. So this is a person who has a busy life, is very involved in bar community activities, has a demanding, challenging legal career, and he is still going to take the time to make sure you get the feedback you need.” His busy life as a judge directly benefits his students. “His critiques have real credibility in ways that a fulltime professor may not. Even a lot of practicing lawyers don’t see as many briefs as he does,” Martin suggests.
THE LEGAL BALANCING ACT Key to success, Chin advises minority law students, is a stellar first-year law school performance. There are intangible benefits students should be picking up as well. “It is critical to be smart, to write well, and to be a good lawyer,” says Chin, “but it is also important to meet people, to make contacts, and to be a good, all-around person. There must be balance.”
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CHIN DOO TEUNG, CHIN’S GRANDFATHER, IN FRONT OF HIS CHINATOWN APARTMENT, AND HIS NATURALIZATION PETITION.
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“LIKE IT OR NOT, IF JEREMY LIN DOES WELL, IF HE DOESN’T DO WELL, IT WILL HAVE SOME SYMBOLIC EFFECT BEYOND HIM. THE SAME KIND OF DYNAMIC EXISTED WITH ME. WHILE I DID NOT CONSCIOUSLY WORRY ABOUT IT, I HAVE ALWAYS TRIED TO DO THE BEST I CAN.”
Law firms and corporations need to help students understand these keys to success, Chin says, noting that some students simply don’t know how to act at a business lunch or a fancy party. “When I got that first job at White & Case I had to go out and buy suits. I didn’t even own a suit. I didn’t know what a “white-shoe” law firm was. I had never even heard the term,” he says, referring to the term traditionally used to describe elite, old-line law firms. “It’s great for kids to be in a professional office setting to learn the ethic,” Chin believes. “There are programs where firms take on high school or college interns and give them some exposure prelaw, and I think those programs have had some good success. To the extent that firms are not participating, they absolutely should be.” For the past six years Chin has been codirector of a minority mentorship program at Fordham, mentoring students himself and recruiting alumni to do the same, Martin says. Over the years, as a district judge and now as an appellate judge, Chin has hired, and continues to hire, law clerks and interns from Fordham and other law schools, and he continues to participate in minority internship programs. Successful lawyers should be the impetus for mentoring and diversity programs. “When I look at Don Liu, for example, Xerox’s general counsel, I see someone who has never shied away from diversity efforts and mentoring programs. He has embraced MCCA.COM
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them. And you know what? They were good for him as well. Sometimes you have a minority lawyer who thinks ‘Wow, I have made it and it might make me seem ethnic if I get involved in some of these things.’ And when you look at the personal success that many people have had who have embraced diversity, embraced mentorship programs, you say ‘Wow, this is good for business as well.’ I think that is why you see some companies doing better than others — because it is good for business,” says Chin, who is also active in NAPABA. A picture emerges of a man who loves giving back. Fordham Law is extremely proud of him. “He exemplifies the Fordham lawyer as excellent but also ethical, public-spirited, conscientious; he works as our school motto—in the service of others,” Martin says. “That really says everything about Denny Chin.”
THE JUDGE IS AN ACTIVE MEMBER OF NAPABA.
LEADING THE WAY There is inherent pressure in being first in any situation. The pressure is compounded MARCH/APRIL 2012
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“ON THE COURT OF APPEALS, WHERE YOU ARE MAKING DECISIONS IN GROUPS OF THREE, THERE HAS TO BE COOPERATION AND SOMETIMES EVEN COMPROMISE. WE ARE MORE LIKELY TO REACH THE RIGHT RESULT WHEN WE ARE GETTING INPUT FROM DIFFERENT PERSPECTIVES.”
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if the job is subject to public appraisal. “For many, many years, I was the only Asian American federal judge outside of California and Hawaii. I did not think of myself as the Asian American judge. It was like Jeremy Lin now,” says Chin, referencing the New York Knicks point guard who currently is the only Asian American player in the NBA. “Like it or not, if Jeremy Lin does well, if he doesn’t do well, it will have some symbolic effect beyond him. The same kind of dynamic existed with me. While I did not consciously worry about it, I have always tried to do the best I can.” The Obama administration has been widely recognized for its commitment to improving diversity on the bench. Chin’s appointment to the Second Circuit eliminated the “zero” in the number of Asian Americans on active status in the federal appellate courts in the country. “A Chinese defendant who appears in
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front of me should not think that he is going to get a break because we are both Asian American. On the other hand, he may take some comfort in the fact that someone like me, with my background, is sitting on the bench in front of him.” Yet diversity’s value is more substantive than that. “It’s more than just seeing a face of a different color up there. I think the administration of justice is better if there are judges with different experiences and I’m just not talking about race,” Chin says, noting that judges who had been trial judges or academics or partners in law firms would bring different perspectives to the appellate court. “On the Court of Appeals, where you are making decisions in groups of three, there has to be cooperation and sometimes even compromise. We are more likely to reach the right result when we are getting input from different perspectives.” D&B
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BUILDING
PRO BONO WORK INTO COMPANY CULTURE BY PATRICK FOLLIARD
Pro bono publico (English: for the public good, pro bono for short). The American Bar Association (ABA) recommends that attorneys contribute at least 50 hours of pro bono service per year. The experience is rewarding on many levels. In addition to personal satisfaction, pro bono work looks good on the CV. A high-profile win can attract new business. And for young attorneys, pro bono experience is instrumental in increasing their value to both the firm and paying clients. At top firms, pro bono work is simply part of the culture. If not required, it is expected; some firms have a partner level attorney dedicated exclusively to overseeing pro bono cases. In ranking potential employers, law schools around the country inevitably consider a firm’s average billable hours, demographic diversity, and pro bono participation. More and more, pro bono service has become a big factor in deciding where to work. Not only is it the right thing to do. It’s the smart thing to do.
PRO BONO: WILMER CUTLER PICKERING HALE AND DORR LLP “WHETHER YOUR CLIENT IS PAYING OR NOT, THEY EXPECT YOU TO WIN. LOSING IS NOT AN OPTION,” SAYS REGINALD BROWN, A PARTNER AT WILMER CUTLER PICKERING HALE AND DORR. “It was definitely a major pro bono win for us this fall when President Obama signed a bill protecting Peace Corps volunteers from sexual assault, as well as giving assistance and protection to assault victims and whistleblowers, respectively.” Titled the Kate Puzey Peace Corps Volunteer
Protection Act (named for a Peace Corps volunteer who was murdered in Benin in 2009), the legislation amends the Peace Corps Act to require sexual assault risk-reduction and response training, the development of a sexual assault policy, and calls for the establishment of victim advocacy and a sexual assault advisory council. The journey from Wilmer taking on the case in early 2011 to the November 12, 2011, Oval Office signing ceremony was swift. In January 2011, ABC’s “20/20” featured six women who spoke about their experiences of
PRO BONO WORK having been sexually assaulted while volunteering abroad with the Peace Corps. “That’s when I first became aware of the breadth of the problem,” says Brown, a former Peace Corps volunteer who served in Micronesia in the early 1990s. “But these women also received shabby treatment from the organization and the government after returning to the United States.” Not long after the story aired, Brown was asked to represent one of the victims as well as First Response Action, an organization that was dedicated to addressing the issue, as pro bono clients. He agreed and internally put together a five-person legal team led by second-year associate Natalie Hirt Adams. As head of Wilmer’s congressional investigation practice, Brown could
instruct the clients on how to navigate the halls of Congress. And while he prepared to litigate and name names and shame people in government, Brown correctly believed that once lawmakers and current Peace Corps Director Aaron Williams knew all the facts, decency would drive the outcome. “From the start, our most powerful tool was the women’s stories,” says Brown. “By relaying their experiences captured in dozens and dozens of affidavits, we were able to drive home to Congress that the assaults were far from isolated experiences. The violence was systematic, similar in size and scale. In fact, research indicates that incidents of assault in the Peace Corps were proportionally higher than what you’d find at public
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PRESIDENT OBAMA SIGNING THE KATE PUZEY PEACE CORPS VOLUNTEER PROTECTION ACT INTO LAW ON NOVEMBER 12, 2011.
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“MORE IMPORTANTLY, NATALIE CONNECTED WITH THE WOMEN... FOR THE WOMEN, TESTIFYING BEFORE CONGRESS WAS HEALING.” - REGINALD BROWN
colleges and universities in the United States. “Ordinarily, Congress can’t or won’t agree on anything, but that wasn’t the case here,” says Brown. “The House of Representatives voted unanimously (406-0) in favor of the legislation, and the bill easily passed the Senate in September 2011. The legislation was something both conservatives and liberals and everyone in between wanted to get behind.” Wilmer’s attorneys worked with the women and the members of Congress to help write and revise the legislation. The women, says Adams, had the experience and vision to know what changes needed to be made, and Congress understood that. Most of the new law comes from them. Adams recalls that “It took Reg [Brown] about 10 seconds to know he could do it, and about 20 seconds to know how he could do it. He really tapped into the spirit of the Peace Corps. It’s about giving back and making things better for other people.” Brown returns the compliment. “Last year, Natalie was a first-year associate. Had I known she was so green, I might have been a little leery. But she was amazing. It’s not like she had a background in lobbying, drafting legislation, and media relations. She somehow just figured it all out.
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“Most importantly, Natalie connected with the women. For the victims there is, of course, trauma in the experience, and there’s trauma in recounting what happened. Gathering affidavits from women whose trust had already been betrayed took extraordinary sensitivity. Not only did Natalie give a voice to the women’s story but she won their trust. For the women, testifying before Congress was healing. Taking control of the story and turning a bad experience into something good is a very powerful act and Natalie made that possible for them.” Assessing her pro bono experience, Adams says, “The work made me a better lawyer and a better person. I was impressed with the way Wilmer was willing to go no-holds-barred for the client no matter who’s paying. It’s been an incredibly changing experience. Looking to the future, I want to do more.” Wilmer is known for litigation and corporation transactions, says Brown, but with the Peace Corps case, they put advocacy front and center in ways that were a little non-traditional but accomplished the objective nonetheless. “We fought this one out in the court of public opinion and won there,” says Brown. “It was the right approach.”
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“THERE AREN’T A WHOLE LOT OF LAWYERS AVAILABLE WHO ARE KNOWLEDGEABLE IN POLITY (GOVERNANCE OF THE CHURCH) AND ARE WILLING TO WORK PRO BONO.” - TIMOTHY CAHN
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OVER THE LAST DECADE, ATTORNEY TIMOTHY CAHN HAS TAKEN ON 15 PRO BONO CASES CONCERNING THE RIGHTS OF LGBT PASTORS AND MEMBERS OF THE PRESBYTERIAN CHURCH USA. THIS NICHE WAS NOT CREATED BY CHANCE. As a young openly gay man Cahn faced discrimination in the church, and now that he is able to make a difference he has seized the opportunity. As a partner in Kilpatrick Townsend & Stockton LLP’s San Francisco office, Cahn is typically busy advising paying clients on matters of litigation and corporate counseling. Still, he always makes time for ecclesiastical court cases that might help gays and lesbians, should they choose, to enjoy full and equal membership in the church. His most recent pro bono case was that of the Rev. Erwin Barron, a Presbyterian minister whose ordained status came under attack after he married his husband in California in 2008 (during the window when same-sex couples could legally marry in the state).
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At one time a pastor in Minnesota, Barron moved to San Francisco. When he requested that his church credentials be transferred from the Presbytery of the Twin Cities area to his new jurisdiction, Barron encountered problems. Another church member who had learned of Barron’s marriage filed accusations against him, claiming that he had violated the church constitution. He urged that Barron’s transfer be blocked. It was at this time that Barron reached out to Cahn through the Covenant Network of Presbyterians, a group working toward a truly inclusive church. The case, which lasted more than three years, was tried by a presbytery panel of six at Oak Grove Presbyterian Church in Bloomington, Minn. Cahn argued that Barron’s marriage was not an ecclesiastical marriage, but a civil one, and civil marriages were not barred under the church constitution. Ultimately, the trial resulted in a split decision (3-3). Had Barron been convicted by the court’s mandatory twothirds guilty vote, he could have been defrocked. Instead, Barron remains ordained, and his credentials have been duly transferred.
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PRO BONO WORK “Perhaps most upsetting about Erwin’s case,” says Cahn, was that “the prosecuting committee’s suggested remedy was that he be given a choice: Either have his ordination taken away, or divorce his husband. I think that’s perhaps the first instance of a church body trying to coerce someone to divorce their legally married spouse. This will become a more poignant and pressing issue for ministers whose churches are in states where valid same-sex marriages are recognized by the state.” A Presbyterian minster’s son, Cahn grew up in the church. After he came out in his 20s, he encountered some discrimination from the church hierarchy and members, and left for a while. When he rejoined as a Harvard-educated lawyer, he was eager to work on behalf of gays and lesbians. Subsequently, he offered his services to Covenant Network. “There aren’t a whole lot of lawyers available who are knowledgeable in the polity (governance of the church) and are willing to work pro bono. These cases can take up a considerable amount of time, and that’s not a problem for me. In fact, Kilpatrick requires partners to do at least 30 hours of pro bono work each year. We even have a partner-level attorney whose sole responsibility is to handle pro bono cases. Clearly, I’ve been an obvious resource for the ministers to call upon.” For a lot of people, the presbytery court may seem a quaint place to advocate for equality, says Cahn, but a lot of secular LGBT organizations have come to realize that they are in part losing political ground on issues of gay marriage because many religious groups and churches are organized and united against gay marriage. And while not everyone who argues in these courts is an attorney, it certainly helps to have litigation experience,
explains Cahn. Presbyterian ecclesiastical procedures are familiar to litigators: There are rules of evidence and limited discovery, and ultimately, there is a trial with witnesses who are prepared and examined, and evidence is admitted. Cases are decided by TIMOTHY CAHN a standing committee of six or eight Presbyterians called the Permanent Judicial Commission (PJC). Prior to 2002, Cahn’s pro bono efforts were centered on immigration cases, but since then he has concentrated primarily on ecclesiastical cases surrounding three questions: Can gays and lesbians be ordained Presbyterian ministers? Can ministers perform marriages for same-sex couples? Can ministers themselves marry their own samesex partner? “Attorneys who are committed to pro bono often find they develop a niche practice. As with all legal work, once you gain expertise in an area, it becomes a little easier the next time.” Cahn likes to take on one big pro bono case each year. And though he is willing to defend more Presbyterian ministers in the future, Cahn says he is hoping “for a day when these kinds of cases are no longer necessary, a time when churches have finally fully recognized their LGBT ministers and members as equal human beings.” D&B Patrick Folliard is a freelance writer based in Silver Spring, MD.
“I’VE BEEN AN OBVIOUS RESOURCE FOR MINISTERS TO CALL UPON.” - TIMOTHY CAHN MCCA.COM
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THE IN-HOUSE DIVERSITY PROFESSIONAL
HELPING BUSINESSES GAIN A COMPETITIVE ADVANTAGE IN A CHANGING WORLD BY KARA MAYER ROBINSON
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S THE DIVERSITY AND INCLUSION MOVEMENT GAINS MOMENTUM, MORE COMPANIES ARE EMBRACING THE IDEA OF EMPLOYING AN IN-HOUSE DIVERSITY PROFESSIONAL. THIS ISN’T SIMPLY SOMEONE ON STAFF WHO HEADS UP THE COMPANY’S DIVERSITY COMMITTEE, BUT RATHER AN INDIVIDUAL WHOSE ENTIRE JOB FOCUSES ON DIVERSITY. The in-house diversity officer, often titled chief diversity officer (CDO) or director of diversity, has an executive-level leadership role and typically oversees the development and implementation of a company’s overall diversity strategy, which can include goals like hiring and maintaining a diverse staff, and public relations outreach to diverse communities.
A SIGN OF THE TIMES Employing an in-house diversity officer is a relatively new concept. According to the Harvard Business Review, chief diversity officer positions didn’t exist in the early- to mid2000s; today, however, they exist across a range of Fortune 500 companies.1 It appears to be a result of the changing demographic of the U.S. marketplace. According to 2010 briefs from the U.S. Census Bureau, more than half of the growth in the total U.S. population between 2000 and 2010 was due to an increase in the Hispanic population. The black population increased at a faster rate than the total population and the Asian population experienced the fastest rate of growth. In general, the minority population
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is growing at a faster rate than the white population.2 To remain competitive, companies must understand the needs of the growing minority population and have an employee base that reflects the increasingly diverse marketplace that it serves. In order to achieve this, companies are turning to high-level diversity specialists more and more. “This role is becoming increasingly important as many organizations are recognizing the fragmented proportions of our workforce,” explains Derrick Crawford, the ombudsperson and associate vice president for diversity and educational equity at California State University San Marcos (CSUSM). Crawford believes that the landscape will continue to change with increases in women and Hispanics, and that understanding this changing demographic will help CSUSM remain competitive and be in a better position to attract and retain students and staff. Although the university already has 40 percent minority enrollment, Crawford is actively looking for ways to maintain and increase its appeal to current and future minority students. For example, he is exploring ways to
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provide diversity within the curriculum, such as creating programs that will appeal to LGBT students and possibly offering a Chicano Studies major. “We have to be relevant,” he explains. Lance A. LaVergne, vice president and chief diversity officer at New York Life Insurance Company, agrees that the evolving population is a key element in the growth of the in-house diversity officer. “With respect to people practices, as employee populations become more diverse, effectiveness in managing a multicultural workforce is critical,” he says. “Similarly, if greater diversity among the senior leadership is a corporate objective, diversity should play an important role in the succession planning process. On the business side, adding a diversity overlay to your business strategies can positively influence everything from new market development to corporate communications and branding to customer service.”
WHAT DOES A CDO DO? Crawford, previously the chief diversity and equal employment opportunity officer at The Citadel, came to CSUSM in July 2011 in a newly created role. There had been diversity initiatives in place at the time, he says, but a cohesive strategy to tie those initiatives together was lacking. “I came in to create a diversity department so we have a unified strategy,” he says of his role as associate vice president for diversity. The focus on an organization’s overall diversity strategy is a key element of the in-house diversity professional. As a senior-level leader, the diversity officer must identify key areas that need to be developed and create an overarching strategy to meet the company’s diversity and inclusion goals. He or she plays a critical role in the highest level of the organization, which includes decision
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making, prioritizing, and action planning. An emphasis on the big picture differentiates the CDO from employees responsible for implementing diversity initiatives. What is the future of a company’s marketplace? How will it succeed in an environment of shifting demographics? What can the company do now to ensure that it remains sensitive to the needs of its employees, its customers, and the community in which it operates? These are the questions that the in-house diversity professional is charged with answering. Crawford’s first order of business at CSUSM has been to hire staff for a new diversity department and create a strategic plan that will address marketing strategies, educational equity, and diversity within the curriculum. “We need to look into all things that are relevant for retaining key talent in the new workforce,” he explains. For example, offering benefits like on-site day care centers and flexible hours will be key strategies for a marketplace in which women are a growing resource. Meredith Moore, the director of global diversity and social responsibility at Weil, Gotshal & Manges LLP, is also charged with overseeing the firm’s diversity initiatives, including diversity education and training, affinity groups, and supplier diversity programs. Because the firm has 20 offices worldwide, she is responsible for ensuring that diversity efforts are defined both globally and locally, and are relevant on both levels. Some of the firm’s goals are far-reaching and aspirational and include creating a culture of inclusion at the firm. “To a certain extent, diversity and inclusion is woven into the fabric of the firm and embedded into virtually everything we do,” she says. “We also seek to bridge the divide between administrative professionals and attorneys, between people in different geographies, and between practice groups.”
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IMPACT ON LEGAL DEPARTMENTS LaVergne notes that because his role is to oversee all of the programs and initiatives designed to promote diversity and inclusion at New York Life, the scope and reach is wide. “Broadly speaking, our work touches on the employees of the company, the businesses in which we engage, and the communities we serve.” New York Life’s Office of Diversity & Inclusion works closely with its legal department. “They ensure that the programs and initiatives we put in place help achieve our desired goals, while meeting all legal standards of fairness,” says LaVergne. “They enjoy some of the greatest gender and ethnic diversity of any group within our company and that appreciation for diversity extends beyond the personnel of that department. Our legal group also holds our outside counsel to high standards of diversity and inclusion. In fact, they have instituted initiatives to increase the diversity of the outside counsel that we use. For example, we established an Interpleader Program with the National Association of Minority and Women Owned Law Firms (NAMWOLF). NAMWOLF promotes diversity in the legal profession by fostering the development of longlasting relationships between preeminent minority and women-owned law firms and private/public entities.” 36
“NON-BELIEVERS” AND OTHER CHALLENGES Being a company’s strategic diversity specialist isn’t without its challenges. “Diversity initiatives, diversity departments, and CDOs are only as successful as the chief executive allows them to be. If he or she doesn’t really embrace it, you can’t be successful,” explains Crawford, who reports directly to university president Karen Haynes. He believes if an inhouse diversity professional doesn’t report to the CEO or one of the seniormost positions, it is very difficult to move the needle. “You have to have buy-in at the highest level,” he says. “And it has to be clearly communicated throughout the organization. The CEO must communicate that it is the right thing for our business, our customers, and for maintaining our competitive advantage. If you don’t have their full support, it will be difficult to be successful.” LaVergne agrees, noting that in his experience two of the most important elements of success for any diversity initiative are senior-level support and business relevance. “Both are essential to the success of any change effort. Diversity and inclusion are no exception,” he says, adding that New York Life’s genuine and committed leadership from the senior management has been a key factor in the success of its diversity program. Crawford notes that another obstacle faced by diversity professionals is that the idea of devoting resources to diversity and inclusion isn’t always embraced by employees DIVERSITY & THE BAR®
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of an organization. It can be a controversial concept simply because many people don’t understand it. “Some people think it’s a euphemism for affirmative action,” he says. “But it’s not. “Affirmative action is a remedial program that was designed to address past discriminatory practices, whereas diversity and inclusion isn’t a legal remedy, but more of a philosophy that seeks to promote a diverse and inclusive work/business environment. Diversity and inclusion is a philosophy that recognizes the differences within our society, while at the same time emphasizing our collective strengths. It’s a new way of thinking about the makeup of our country and what it will look like in the years to come.” Crawford adds that while some “non-believers” are openly hostile to the concept of diversity and inclusion, the majority is simply uninformed. “They don’t understand the diversity that’s going on in this country. They don’t know the data,” he says, which makes it more difficult to implement diversity strategies. “The role of a diversity professional is often that of an agent of change and with that comes all of the challenges associated with change,” adds LaVergne. But even so, he says, he believes the future is quite promising for in-house diversity professionals.
THE FUTURE OF THE CDO It is evident that the role of the in-house diversity professional will continue to gain importance. As the country’s demographics continue to evolve, businesses are recognizing the importance of adapting to these changes. Those looking to have a competitive advantage will likely look to diversity specialists to pave the way. Kara Mayer Robinson is a freelance writer based near New York City. 1 Hewlett, Syliva Ann (Oct. 16,2007). The Rise of the Diversity Officer. Retrieved from http://blogs.hbr.org/hbr/hewlett/2007/10/the_rise_of_the_chief_diversity.html 2 Overview of Race and Hispanic Origin: 2010 (March 2011) and the Black Population: 2010 (Sept. 2011). Retrieved from http://2010.census.gov/2010census/data/
Gala
The MCCA DIVERSITY HONORS GALA 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. Employer of Choice Honorees Southwest Region: DHL Midwest Region: Nationwide Mutual Insurance Company West Region: Chevron Corporation Mid-Atlantic Region: H.J. Heinz Company Northeast Region: Morgan Stanley
Sunny Hostin, CNN legal analyst and ABC News anchor, will host the 2012 Diversity Honors Gala.
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 www.mcca.com/gala
WHO M A DE PA RTNER
IN 2011? DIVERSITY & THE BAR is pleased to recognize the following minority U.S.-based attorneys whose promotion to partner was effective in 2011. Their hard work and perseverance resulted in this career benchmark. Please join us in congratulating these new partners and the firms that employ them!
2011NEW PARTNERS ADAMS AND REESE Jaimmé Collins
BRINKS HOFER GILSON & LIONE Danielle Anne Philip
AKERMAN SENTERFITT Jacqueline Arango*, Manuel Fernandez*, Elizabeth Hernandez*, Augusto Maxwell, Felicia Nowels, Francisco Rodriguez, Angie de Cespendes Wenke
AKIN GUMP STRAUSS HAUER & FELD LLP Allison Binney*, Michael Brito*, Estela Diaz, Varun Gupta*, Tamer Soliman
ALSTON+BIRD LLP Derin B. Dickerson
BRYAN CAVE LLP Christopher C. Javillonar, Holly P. Lopez, Shalem A. Massey, Bryce A. Suzuski
*INDICATES LATERAL HIRE
DLA PIPER LLP
GORDON & REES LLP
Joshua M. Briones, Sachin (Sal) E. Lele, Carlos E. Loumiet*, Pedro Martinez-Fraga II*, Gregory S. Otsuka*, Maria C. Rodriguez*, Miguel A. Silva*, Frank Wu*, Seok Buom Yoon*
George Acero, Leslie A. Benitez*, Alyson Cabrera, Laura E. De Santos*, Lawrence B. Garcia*, Lawrence Lee, Alonzo L. Llorens*, Timothy McCulloch, Anthony C. Mulrain*, Roger M. Quinland*, Ari C. Shapiro*, Don Willenburg, Donald M. Woodard*
DUANE MORRIS LLP BURR AND FORMAN Michael K. K. Choy, Ricardo A. Woods
CAPLIN & DRYSDALE, CHARTERED
Cyndie M. Chang, Jarrett L. Fugh*, Andrew T. Hahn*
FAEGRE BAKER DANIELS LLP
GREENBERG TRAURIG, LLP FARELLA BRAUN + MARTEL LLP Erica Villanueva
Marquetta J. Bryan
ANDREWS KURTH LLP
40
Wei Wei Jeang*
CONCEPCION MARTINEZ & BELLIDO
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
ARMSTRONG TEASDALE LLP
Ricardo Puente
Rajeev Gupta, Ming-Tao Yang
Daniel Sakaguchi
COURINGTON, KIEFER & SOMMERS
FISH & RICHARDSON P.C.
ARNOLD & PORTER LLP
Troy Bell
Edward Han*, Kathleen Harris*, Vernessa T. Pollard, Susan Shin
COVINGTON & BURLING LLP
BALLARD SPAHR LLP
Miguel Lopez-Forastier, Mona Patel, Anupam Sharma
Loura Alaverdi, S. Jeanine Conley, Lan Hoang*, Demetri Munn*
BAKER BOTTS L.L.P. Ama A. Adams, Brad Berry*, Mark L. Whitaker*
Cherylyn Esoy Mizzo
FOLEY HOAG LLP Hemmie Chang*, Mélida Hodgson
Rosevelie Marquez Morales
HARTER SECREST & EMERY LLP
DECHERT LLP
FROST BROWN TODD LLC
Muna Abu-Shaar, Hector Gonzalez*, Jonathan Kim, Jingzhou Tao*, Andrew S. Wong*
Nilesh (Neal) Patel
HELLMAN MEDEROS & YELIN
FOX ROTHSCHILD
Carmen A. Hellman, Tania Carreño-Mederos, Anette Yelin
Thomas T. Chen*
DAVIS GRAHAM & STUBBS LLP
Alaina King Benford
Damian Arguello
GIBSON, DUNN & CRUTCHER LLP
DAVIS POLK & WARDWELL LLP
Andrew Cheng, Candice Choh
BARNES & THORNBURG LLP Asha F. Jackson*
Antonio J. Perez-Marques
GONZALEZ SAGGIO & HARLAN LLP
BERGER SINGERMAN LLP
DEWEY & LEBOEUF LLP
Elaine Johnson James*
Arturo Carrillo, Joy Gallup
BLANK ROME LLP
DICKSTEIN SHAPIRO LLP
Dawn M. Bernd-Shulz*, Sue D. Rosenthal*
Dipu Doshi, Cynthia Yang
Ferdinand Alvaro, Jr.*, Cyrus L. Booker*, Louis B. Butler, Jr.*, Nathaniel Cade, Jr.*, Robert L. Clayton*, Jonathan D. Goins*, William L. Parker*, Judith Melideo-Preble*, Michaerl Salcido*
Ricardo Martinez*
Valyncia Simmons*
Richard Alonso, Jonathan Spivey*, Jeffery Vaden*, Manuel Vera
HARRIS BEACH PLLC
Audrea Golding, James Pack, Son Pham, Rahul M. Shah
FULBRIGHT & JAWORSKI LLP
BRACEWELL & GIULIANI
Bryan A. Wong
Samaa Haridi, Walid Hegazy, Elliot Laws
Vejay Lalla
BAKER WILLIAMS MATTHIESEN LLP
HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
CROWELL MORING
DAVIS & GILBERT LLP BAKER MCKENZIE LLP
Mahsa Aliaskari, Barbara D. Alonso*, Johnine P. Barnes*, Charanjit Brahma*, Vivek K. Chavan*, D.M. Porpoise Evans, Erika G. Litvak, Mark A. Lopez, Erik S. Rodriguez*, Victor D. Vital*, Robert Thompson*
FROGOMEN, DEL REY, BERNSEN & LOEWY, LLP
Han C. Choi*
BAKER & HOSTETLER LLP
Judy Lam
Arleen Nand, Brenda Robinson*
Joanne C. Youn
CARLOCK, COPELAND & STAIR LLP
GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP
DILLINGHAM & MURPHY, LLP William P. Wilson
BRICKER & ECKLER LLP
GOODWIN PROCTER LLP Seung W. Baik
Kimberly I. Shimomura
HAYNES AND BOONE, LLP Yasser Madriz, George H. Wang*
HIRSHLER FLEISCHER, P.C. Sheila G. deLa Cruz
HOGAN LOVELLS US LLP Timothy R. Aragon, Korula T. “Sunny” Cherian*, Jeffrey E. Gordon*, Neal K. Katyal*, Jaasi J. Munanka, Nadine P. Peters, Constance Ramos*, Jodi K. Scott*, Lillian Tsu, Jose Luis Vittor*, Song Zhu*
HOLLAND & KNIGHT Kyrus L. Freeman, Carlos M. Mastrapa*, Danielle C. Price, Vivian L. Thoreen
HUNTON & WILLIAMS LLP Gustavo J. Membiela, Fradyn Suarez*
HUSCH BLACKWELL LLP Dannae Delano
Christopher M. Ernst
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MCCA.COM
INSLEY & RACE, LLC Moses Kim
LUCY LU & ASSOCIATES LLC Vivien F. Peaden*
ISHIMATSU LAW GROUP Bruce L. Ishimatsu
LUGENBUHL, WHEATON, PECK, RANKIN & HUBBARD
JACKSON LEWIS LLP
Elia Diaz-Yaeger
Mason Ashe*, Veronica Hall*, Samia Kirmani, Kevin Lashus*, Rebecca Massiatte, Antone Melton-Meaux, Timothy Moppin*, John Ontiveros, Marlo Roebuck, Cynthia Sandoval-Dardis
JONES DAY Frank P. Cote*, Rich Maggio*, Maria P. Sendra*
MAYER BROWN LLP
QUARLES & BRADY LLP
SWANSON, MARTIN & BELL, LLP
Leonardo Loo*, Leezie Kim*, Darren Roman, Lansing C. Scriven*
REED SMITH, LLP
John P. Arranz, Elizabeth A. Bruer, Mario M. Iveljic, Yvette C. Nassopoulos, Arthur J. Reliford, Jr.
Steve Soong Baik*, Peter Ellis*, Yvan-Claude J. Pierre*, Roberta Torian, Eric Wang*, Rana Wright
TAFT STETTINIUS & HOLLISTER LLP
Song Cheng, Michael Molano*
MCDERMOTT WILL & EMERY LLP David Crump, Jon Dean, Brent Hawkins, Christopher May, Caroline Ngo, Amol Parikh, Prajakt Samant, Ahsan Shaikh
Philip R. Bautista
SACKS GLAZIER FRANKLIN & LODISE LLP
THACKER MARTINSEK LPA
Jessica A. Uzcategui
Marquettes D. Robinson
SANDERS ROBERTS LLP
THE MITZEL GROUP, LLP
Reginald Roberts, Jr.
Lisa W. Liu
SAUL EWING LLP
THOMPSON & KNIGHT LLP
Michelle N. Lipkowitz
K&L GATES LLP
MCGLINCHEY STAFFORD PLLC
Luke T. Cadigan*, Wing Leung Cheung, Alfred C. W. Lee
Anderson Cao, Angelina Christina
SCHIFF HARDIN LLP
Demetria Liggins, Rose Romero*, Gabriel Ruiz, Marlen Whitley
KATTEN MUCHIN ROSENMAN LLP
MCGUIREWOODS LLP
SEYFARTH SHAW LLP
Maurice Bellan*, Lisa Williams
Nicholas Waddles
MCKENNA LONG & ALDRIDGE LLP
SHOOK, HARDY & BACON L.L.P.
Mildred Quinones-Holmes
Saba Ashraf*, Thurbert Baker*, Yong Choi, Valerie Hayes
Hassia Diolombi, Greg Wu
VINSON & ELKINS LLP
Ayad P. Jacob
THOMPSON COBURN LLP THOMPSON HINE LLP
Ethan E. Rii, Geoff Au Yeung
KENYON & KENYON LLP Patrice P. Jean, Whitney Remily
KILPATRICK TOWNSEND & STOCKTON LLP Robert J. Artuz, Matias Ferrario
MORGAN, LEWIS & BOCKIUS LLP
KNOBBE MARTENS OLSON & BEAR
Alexis Reisin Miller, Amy I. Pandit, Romeo S. Quinto, Jr., Patrick M. Ryan
Tirzah Abe Lowe
KING & SPALDING LLP
NELSON MULLINS RILEY & SCARBOROUGH LLP
Sanjeet Dutta*, Richard Hsu*, Rizwan Kanji*, Marian Lee
Alana Odom Williams
OBER|KALER KIRKLAND & ELLIS LLP Uma M. Amuluru, Kamran S. Bajwa*, Jason Choy, Eunnice H. Eun, Tai Hsia*, Karen Tu Huoth, Elizabeth M. Kim, Anh B. Lee, J. John Lee, Fred N. Lim, Mercedes McFarland, Bilad Sayyed*, R. Roy Wang, Joshua M. Zachariah
Gina L. Simms
OGLETREE DEAKINS Paul Lancaster Adams*, Jimmy Goh*, Monique Gougisha, Christopher Hammon, Richard Harris*, Sarah Hawk*, Hardy Murphy*, Tamika Nordstrom*, Carllene Placide-Edwards*, David Powell*
LATHAM & WATKINS LLP Roger J. Chin, Alexander E. Long
PARKER, HUDSON, RAINER & DOBBS LLP Trishanda L. Treadwell
LISKOW & LEWIS Kenneth Allen Polite, Jr.
PATTON BOGGS LLP
LITTLER MENDELSON, PC Ebonee Hamilton Lewis
Eric Drummond, Clark Ervin, Anthony Hererra*, Changyong Li, Kwame Manley
LOCKE LORD LLP
PERKINS COIE LLP
Roel Campos*, Daniel B. Eng*, Ernesto Rafael Palomo*, Grace Y. Poe, Jason L. Sanders, Conrad V. Sison, John P. Yung*
MCCA.COM
Kalpesh K. Shah*
Viola T. Kung, Ziachua Zhao
PEPPER HAMILTON LLP Henry Liu*
Martiza Okata*, Adorys Velazquez
SIMPSON THACHER & BARTLETT Cheryl Scarboro
WENDEL ROSEN BLACK & DEAN LLP
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Gregory K. Jung
Jonathan B. Ko, Michele A. Roberts*
WHYTE HIRSCHBOECH DUDEK S.C. Ricky Benjamin*
SNELL & WILMER L.L.P. WILEY REIN LLP
Aaron D. Ford
Elbert Lin
SNR DENTON WILLIAMS MULLEN
Jonathan D. Cahn*, Artur G. Davis*, Thomas W. Laryea*, Rodric A. Pacheco*, Presley R. Reed Jr., Guly Sabahi*, Feng Wang*, Jerome Walker*
Earl Baggett
WILLKIE FARR & GALLAGHER LLP Deirdre Norton Hykal, Phillip Isom
STEVENS & LEE PC Sunjeet Gill
WILMERHALE STONE PIGMAN WALTHER WITTMANN L.L.C.
Evelyn C. Mak, Jeannie Rhee
Lesli Harris
WINSTON & STRAWN LLP Darwin Conner, Howard Shin
SULLIVAN CROMWELL LLP Keiji Hatano, Kay Ian Ng*, Inosi Nyatta, Krishna Veeraraghavan, Gwen Wong
SUTHERLAND ASBILL & BRENNAN LLP Peter Ligh, Vanessa A. Scott, Ram C. Sunkara
YOON & KIM LLP Theodore K. Cheng*
ZELLE HOFMANN VOELBEL & MASON LLP Jose Umbert
ZUBER & TAILLIEU LLP Johnny Griggs, Dana Levitt, David Michail
MARCH/APRIL 2012
DIVERSITY & THE BAR®
41
ASSOCIATION FOCUS
BY MICHELLE J. NEALY
RAISING THE BAR ON PRO BONO WORK
42
A WASHINGTON, D.C.-BASED NONPROFIT in other parts of the country that were pretty much doing ORGANIZATION, PRO BONO INSTITUTE IS nothing,” Lardent explains. DRIVEN BY SERVICE. The organization thrives on A severe barrier to pro bono success, Lardent says, helping law firms assist low-income and disadvantaged can be company culture. Pro bono success is contingent upon groups secure the legal assistance they cannot afford. whether or not the entire firm truly values pro bono work. Founded in 1996, PBI works with law firms, in-house “Pro bono needs to be institutionally supported from corporate legal departments, and public interest organizathe top down. It cannot be the sole responsibility of inditions across the nation to develop strategies that allow legal vidual lawyers,” says Lardent. “Pro bono should be an entities to provide free legal services on a large scale. institutional priority.” Since its inception, PBI has seen the number of pro bono A clear pro bono strategy and layers of support and trainhours clocked by large law firms across the nation triple in ing also contribute to pro bono success. Data show that the number. PBI’s push to convince firms to prioritize pro bono absence of either could be a recipe for failure. hours and enhance pro bono program development spurred Findings from a 2009 report published by the American much of that growth, PBI officials say. Bar Association listed the lack of time as the primary reason PBI President and for not providing pro CEO Esther Lardent bono service. founded the organizaThe findings also tion with a simple goal: indicate that the Leverage the volunemployer’s attitude teer power of a large toward pro bono group of lawyers and activity seems to help as many people have a significant as possible. impact on attorney As the former direcwillingness to do pro tor of the Volunteer bono. More than Lawyers Project of the 70 percent of attorneys Boston Bar Association, who provided pro bono one of the nation’s work were significantly first organized pro more likely to indicate — ESTHER LARDENT bono programs, Lardent that their employers understood that most encouraged pro bono lawyers have an authentic desire to serve the underserved. service than the 30 percent of non-providers. Until the mid 1990s, most pro bono cases focused on bar Typically, a firm’s pro bono committee is charged with associations and individual law firms. In that time, most pro ensuring that a pro bono program thrives. At large law firms, bono programs established by firms were decentralized. There increasingly, there is one full-time person charged with was also a large disparity between firms in pro bono output, implementing the program on a day-to-day basis. Lardent says, noting there was no industry standard for pro In 1995, the industry was challenged to do better. One bono success. year before PBI became a nonprofit organization, the Law “You had firms in D.C. that were spending enormous Firm Pro Bono Project worked with the American Bar amounts of time in pro bono, and then you had other firms Association to launch the Law Firm Pro Bono Challenge®.
“PRO BONO AS PROFESSIONAL DEVELOPMENT CAN REALLY ADVANCE YOUNG LAWYERS WHO DON’T GET MANY CHANCES TO GET INTO COURT. IT CAN GIVE THEM THE LITIGATION EXPERIENCE THEY NEED.”
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MCCA.COM
Participants make a firmwide commitment to provide pro bono services to low-income and disadvantaged individuals, families, and nonprofit organizations. To help firms honor this commitment, the Law Firm Pro Bono Project assists the firms in creating a supportive environment that promotes pro bono service. Members and signatories are not the same. Members are all PBI clientele. Signatories are members who participate in ESTHER LARDENT the challenge. The initiative challenges firms to spend at least 3-to-5 percent of their total hours on pro bono work annually, a percentage that has become the industry standard, PBI officials say. “When we first set that goal, people said that it would never work. Last year, firms that were signatories to our Challenge® reported over 4.5 million pro bono hours,” says Lardent of the 135 firms that reported results. PBI works one-on-one with its members to develop a strategy for growing a new pro bono program or reinvigorating an existing one. PBI specializes in improving pro bono participation rates, helping firms to partner with public interest programs or corporate legal departments and developing signature projects where firms focus on one particular area of the law. As an organization, they also work with entire states, local governments, and cities via pro bono summits. PBI has a paid staff. The organization has multiple income streams, the largest being charitable contributions. Members pay a membership fee. PBI also host an annual conference. PBI frequently takes the temperature of the industry’s pro bono climate. Statistics from the 2010 Pro Bono Institute Law Firm Pro Bono Challenge® showed the 138 firms performed a combined 4,451,009.52 total hours of pro bono work, as compared to 134 reporting firms that performed 4,867,820 hours in 2009, an 8.56 percent decrease in pro bono time contributed by Challenge® firms.
MCCA.COM
The 2009 figure represented the highest performance by Challenge® firms ever. While it’s seemingly counterintuitive, pro bono work can be sustained during a recession. “Through a recession pro bono is steady,” says Lardent. “Economically, 2009 was a pretty bad year, but pro bono did well. The recovery period, she explains, is the hard part. “The work is beginning to come back but firms are nervous LISA W. BORDEN about increasing their head count and lawyers are [doing] every possible piece of [billable] work they can get,” says Lardent explaining that pro bono could get lost in the shuffle of the recovery period. Baker Donelson’s Pro Bono Shareholder Lisa W. Borden calls PBI a godsend. PBI assisted Borden in implementing a billable-hour credit program by which staff members receive billable-hour credit for their pro bono work at her firm. “They helped me with research as well as (provided) tips on how to present initiatives to my firm’s management in the most attractive way,” Borden says. From 2008 to 2010, Baker Donelson doubled its pro bono hours. “A chunk of that came from increasing our shareholder participation,” says Borden. “Shareholders participation increased quite a bit more than our associate participation.” THE BOTTOM LINE
The Great Recession created an unprecedented need for pro bono services. “The number of people living in poverty is at an all-time high, while governmental funding programs for legal services have dropped precipitously,” Lardent says. Budget constraints have caused nonprofit programs funded by the Legal Services Corporation (LSC), a legal aid organization designed to provide civil legal assistance to lowincome Americans, to implement layoffs and staff reductions. According to a recent survey, programs funded by the continued on page 44 MARCH/APRIL 2012
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43
NUMBER OF HOURS (MILLIONS)
ASSOCIATION FOCUS
5 4 3 2
1
Chart illustrates growth from 1995 to 2012. Not all firms 8 4 are succeeding at the 3-5 4.84 4.86 51 percent goal. According to 4 . 6 4 4.28 the ABA, in 1980 there were approximately 83 organized pro bono programs dedicated 6 3.27 to referring civil matters for low-income clients to private 6 2 52 attorneys. Now, 28 years 2.27 2.3 2.2 2.22 5 later, there are close to 1000 6 1.85 8 4 8 6 . 8 5 6 1.5 1.5 1.52 .379 1.459 1 such programs which serve 1 increasingly diverse legal needs of clients and target an equally varied volunteer pool.
TOTAL NUMBER OF PRO BONO HOURS BY YEAR
0 YEAR 1995 1996 1997 1998
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CONTINUED
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
continued from page 43 LSC anticipate laying off 393 employees, including 163 attorneys, in 2012. In December 2010, LSC-funded programs employed 4,351 attorneys, 1,614 paralegals, and 3,094 support staff. During 2011, LSC programs reduced their staffing by 833 positions through layoffs and attrition. They now anticipate a new round of layoffs this year, bringing the staffing loss to 1,226 full-time personnel. Lardent says firms are stepping up their minority outreach to communities of color that have been harder hit by the recession. She says firms are working harder to reach minority demographics. “A decade ago, it was rare to see firms doing any type of immigration pro bono work,” says Lardent. “Nowadays, you’d be hard-pressed not to find a large firm that doesn’t do immigration work.” PBI encourages firms to embrace cases dealing with evictions, domestic violence cases, and securing public benefits for families. On the other hand, adds Lardent, “We (also) have firms doing policy advocacy on pro bono work and big research projects. Firms have done ambitious analysis in the immigration adjudication system where they’ve spent 50,000 hours trying to get changes in the system.” Firms are also encouraged to do international pro bono work. PBI signatories have been lauded for working with firms addressing human rights issues in Nepal, South America, and Canada, and are working with a nonprofit in Namibia to bring light to small villages. To equip firms with the tools they need to do great pro bono work, PBI invests much of its time in research. PBI has assembled a diverse group of industry experts to better understand the corporate legal landscape. “We want to understand what’s happening in large firms with respect to compensation and advancement, different DIVERSITY & THE BAR®
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practice areas as well as what the management is worried about,” says Lardent. “Our advisory committee provides very candid insight into what is happening at large law firms.” GOOD FOR BUSINESS
Pro bono work is not simply good for society, it’s also good for business, Lardent insists. She says pro bono work can help young associates at a firm gain litigation experience and keep staff motivated when billable clientele declines. “Pro bono as professional development can really advance young lawyers who don’t get many chances to get into court,” Lardent explains. “Pro bono can give them the litigation experience they need.” Borden agrees. “One thing PBI found is that people who do pro bono work don’t do less billable work, they do more,” Borden says. “They get so motivated and energized by their pro bono work, they do a better job overall.” In 2000, PBI launched a program geared specifically for legal departments, called Corporate Pro Bono. The program is a partnership project between PBI and the Association of Corporate Counsel designed to increase the amount of pro bono work performed by in-house counsel. Corporate Pro Bono works closely with ACC chapters to focus their resources and agendas on pro bono service. “Legal departments have become more involved in pro bono,” says Lardent. “Not only are they doing the work, they are increasingly wanting to partner with site firms.” For pro bono efforts to succeed, they must be companywide, PBI officials say. “If pro bono is just for associates, it’s ultimately not going to thrive,” says Lardent. “We’ve seen a pickup in pro bono participation among both associates and partners, although associates participate at higher levels.” D&B Michelle Nealy is a freelance writer and videographer based in Chicago. MCCA.COM
DIVERSITY NEWS THE NEXT IQ
The following is an excerpt from Dr. Arin N. Reeves’s new book, The Next IQ. You can read more about the book at www.thenextiq.com. THE NEXT IQ IS THAT NEXT LEVEL OF INTELLIGENCE THAT YOU NEED IN ORDER TO THINK, LEARN, AND LEAD IN THE INCREASINGLY SEAMLESS GLOBAL MARKETPLACE OF THE 21ST CENTURY. Whether 46
intelligence refers to individual capacity (intelligence quotient), strategic information (intelligence à la Central Intelligence Agency), best practices (business intelligence), or effectiveness in human relationships (emotional intelligence), The Next IQ is about making intelligence more intelligent for the way the world works today. The events in 2011—from the use of Twitter and Facebook in the protests in Egypt to the immediate volatility in the global financial markets caused by economics in Greece one day, a natural disaster in Japan another day, and political wrangling in the United States on a different day—have illustrated how the world has indeed become inextricably interconnected in the ways in which we access information, impact each other’s lives, and depend on each other for stability and prosperity. This interconnectedness has changed the ways in which we respond and react, but it must also change the ways in which we think and learn so that we can lead proactively and not reactively. The Next IQ introduces you to these new ways of thinking through an integrated exploration of research studies, stories, learning experiences, and tested solutions. In the pages that follow, you will learn that the Next IQ is a shift from intelligence as information to intelligence as actionable insight, and this shift will transform leadership that is rooted in individual expertise to direction and guidance formed from multiple and diverse perspectives. This next generation of intelligence is about actively soliciting and then harnessing the power of diverse perspectives that may or may not be rooted in specific individual education, experience, and/or expertise. The intelligence DIVERSITY & THE BAR®
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you need to solve any problem is already available, if you know how to look for it and use it. Your Next IQ is your ability to seek out that intelligence and include it into how you think, learn, and lead. This book: • Explores how our understandings of intelligence, leadership, and inclusion have evolved and intersected to create a new level of intelligence that is critical for leaders in this new millennium. • Presents the global mindset, CORE (intellectual Courage, intellectual Openness, intellectual Reflection, and intellectual Empathy), and how to cultivate the deliberate intelligence (seeking and including diverse and contrasting points of view) necessary to think, learn, and lead in the 21st century. • Delves into why we tend to not expand the circle of perspectives that can inform our intelligence even when it seems like common sense to do so. • Examines why we resist seeking and including diverse and contrasting perspectives even when it is in the best interest of our own intelligence and why leaders in the global marketplace of the 21st century cannot be intelligent if MCCA.COM
“THE NEXT LEVEL OF INTELLIGENCE IS DELICATELY BALANCED AT THE INTERSECTION OF INTELLIGENCE, LEADERSHIP, AND INCLUSION.”
they are not incluas assets to be sively intelligent. leveraged instead • Illustrates how of differences to be inclusive intellineutralized. gence in action has In a world a dramatic, posiwhere change is tive impact with inevitable but examples of how growth is optional, leaders from all changing the way — DR. ARIN REEVES walks of life have you think is the used collective critical choice you and inclusive intelligence to transform themselves, their need to make in order to grow. The Next IQ is that change teams, their organizations, and even their countries. from a parochial mindset to a global mindset, and it is the • Underscores how the stickiness of the Retro IQ fights the transformation of individual intelligence to insightful intelactive engagement of your Next IQ. ligence. With raw information no longer being as valuable • Presents tested solutions for inclusive intelligence that can as actionable knowledge, the only way to quickly gather be implemented by individual leaders and/or organizaand analyze necessary information is to have multiple tions to think, learn, and lead for maximum impact. diverse perspectives filter it to reveal all of its possibilities. The ancient fable of the blind men and the elephant This new paradigm of intelligence challenges those who reminds us that each of us has the potential to either argue are ready to think and solve problems at a higher level to that our own perspective is more right than others or understand that this next level of intelligence is delicately actively seek the other perspectives in order to inform and balanced at the intersection enhance our perspective. of intelligence, leadership, The fable reveals a lesson and inclusion—three differthat is more relevant than ent fields of inquiry that have ever today—each of us can coalesced into one cohesive be completely right with new leadership strategy that is what we know and equally not only relevant but incredincomplete in how much ibly necessary for the realities our knowledge allows us to of this new millennium. It understand the totality of begins with the understandthe situation. As the men ing that leadership requires fought about whose perus to answer questions from spective best described an a “yes, how” perspective, and elephant that none of them it progresses to seeking the had actually seen, the ability diverse perspectives to figure to view the perspective from out the details of the how. a global mindset and deliberThe reality that can be creately create new intelligence ated when we focus on a “yes, shifted them from “which how” framework can transperspective is right” to “what form disagreements back to does reality look like if each dialogs, and we can start to of our perspectives is right.” D&B look for different perspectives DR. ARIN N. REEVES
47
MOVERS & SHAKERS
PAUL LANCASTER ADAMS
HANNAH M. BRESHIN-OTERO
MARCUS V. BROWN
JACQUELYNN A. RUIZ
Paul Lancaster Adams has been named managing shareholder of the Philadelphia office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. His practice focuses on employment litigation and counseling, unfair competition and trade secrets, and corporate investigations. Adams has experience representing clients in the areas of technology, health care/pharmaceuticals, banking, and professional firms. Prior to Ogletree Deakins, he was associate general counsel and chief employment litigator and adviser for Microsoft Corporation, as well as senior director of government affairs where he supported the company’s largest client base. Adams received his B.A. from Virginia Commonwealth University and his J.D. from Wake Forest University School of Law.
Hannah M. Breshin-Otero is senior counsel for labor and employment at DynCorp International LLC in Falls Church, Virginia. In this role, she handles the employment and labor matters for this global company of approximately 25,000 employees worldwide. She is responsible for management of the company’s employment litigation and provides preventive counseling on a broad range of personnel issues. Before joining DynCorp International, Breshin-Otero was an associate in the labor and employment group at Jones Day in Washington, D.C. Breshin-Otero earned her A.B. from Princeton University, cum laude, in the Woodrow Wilson School of Public and International Affairs. She graduated from Columbia Law School where she was a Harlan Fiske Stone Scholar.
Marcus V. Brown was elected senior vice president and general counsel for Entergy Corporation. In this role, Brown is responsible for internal and outside lawyers providing representation to all companies under the Entergy Corporation umbrella. Prior to his appointment, Brown served as vice president and deputy general counsel. He led the company’s efforts to recover more than $500 million in insurance proceeds that was critical to rebuilding the electric and gas infrastructure of Entergy’s utility system following Hurricanes Katrina, Rita, and Ike. He received his B.A. degree from Southern University A&M College in 1985 and J.D. from Southern University Law Center in 1988. He received his MBA from Tulane University A.B. Freeman School of Business in 2002, and certification in corporate governance from Harvard Business School in 2009.
Jacquelynn A. Ruiz has joined The PNC Financial Services Group as an assistant vice president of employee relations in the institution’s growing Chicago market. Ruiz has been an active member of the Hispanic National Bar Association, serving on its Board of Governors from 2007-2011. She has served the HNBA as the organization’s national vice president of membership and as a deputy regional president. Ruiz currently serves the HNBA as the chair of its personnel committee. Prior to joining PNC, Ruiz practiced management-side employment law, advising and representing large corporations in employment matters. She earned her J.D. from University of Wisconsin Law School, where she was a legal educational opportunity fellow. Ruiz is licensed to practice law in Florida.
Managing Shareholder Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
48
COMPILED BY JOSHUA H. SHIELDS
Senior Counsel DynCorp International LLC
Senior Vice President and General Counsel Entergy Corporation
Assistant Vice President of Employee Relations The PNC Financial Services Group
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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he Scale MCCA WEIGHS IN ON THE NEWS
Washington Gay Marriage Bill Signed into Law Governor Chris Gregoire signed into law a measure that legalizes same-sex marriage in Washington state, making it the seventh in the nation to allow gay and lesbian couples to wed. The law takes effect June 7, but opponents are preparing to fight. If they collect more than 120,577 valid voter signatures by June 6, the law will be put on hold pending the outcome of a November vote. The House passed the bill on a 55-43 vote. Washington state has had domestic partnership laws since 2007, and in 2009 passed an “everything but marriage” expansion of that law, which was ultimately upheld by voters after a referendum challenge. Gay marriage is already legal in New York, Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, D.C. +2
New York Fashion Week Is the Most Diverse in Ages 50
The fashion industry continues to have a strange relationship with racial diversity. It is acceptable to hire or fire a model based solely on looks. Sometimes skin color is viewed as a fashion trend in itself. The 2012 fashion show was the most diverse it has ever been. Models of color finally topped 20 percent of all models booked for fashion week shows. In the 141 shows and presentations designers presented 4,561 individual outfits. Of those 4,561 opportunities to use a model, 3,641 went to white models, and 920—or 20.1 percent—went to models of color. The largest single ethnic category, after whites, was Asians. Asian models were used for 402 outfits, or 8.8 percent of the time. Black models were close behind, at 367 outfits, or 8 percent. Non-white Latina models were used 110 times, or 2.4 percent of the time. Models of other races were used 41 times, or 0.9 percent of the time. +1
Asian American Performers Aim for Paradigm Shift The Asian American Performers Action Coalition was formed to discover how many actors of their ethnic background were actually being cast in New York. In the report “Ethnic Representation on New York City Stages,” AAPAC states that Asian Americans received only 3 percent of all available roles in the nonprofit sector, and only 1.5 percent of all available roles on Broadway in the past five years. Whereas African Americans and Latino actors saw their roles increase since 2007, Asian Americans were the only minority group to see their numbers go down from levels set five years ago. It also discovered that only 9 percent of all available roles citywide had been cast “non-traditionally” when Asian Americans make up almost 13 percent of New York City’s population. -2 THIS ISSUE’S READING: +5 DIVERSITY & THE BAR®
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Jeremy Lin Adds Diversity to the NBA Jeremy Lin is the first American player in the National Basketball Association to be of Chinese or Taiwanese descent. Basketball, long associated with African American players first and white players second, has not had a high-profile Asian player since Chinese citizen Yao Ming played for the Houston Rockets. The undrafted Harvard graduate won his first six games for the New York Knicks after being cut by the Golden State Warriors and Houston Rockets. The lanky point guard serves as a role model for Asian American basketball players in a way that was not possible before his high-profile ascent. +3
Facebook IPO Sheds Light on Lack of Boardroom Diversity Facebook’s $5 billion IPO is bringing attention to the lack of boardroom diversity. Facebook has not appointed a woman to its seven-person board of directors. Women represent the majority of social media users and Facebook COO Sheryl Sandberg helped turn the company around in 2008. She helped grow its 70 million user base into over 750 million users and also helped monetize the company. Sandberg has been a vocal proponent of empowering women, particularly in the underrepresented technology industry. More women need to have the influence she does. +1
Help MCCA weigh the news! Send diversity related news articles to joshshields@mcca.com.
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