2013 Mar/Apr - Diversity & The Bar Magazine

® March/April 2013

The Minority Corporate Counsel’s

RISING STARS The future is bright.

THE VALUE OF BEING BEAUTIFUL PAGE 32

WHO MADE PARTNER IN 2012?

PAGE 38

Meet 12 extraordinary lawyers ready to rise to leadership positions.

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D I V E R S I T Y

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K E Y

I N G R E D I E N T

At Perkins Coie, diversity is an essential ingredient that helps us create the best

solutions for our clients. We value and encourage diverse viewpoints and draw upon

them to resolve our clients’ business and legal challenges. Diversity adds perspective and creativity to what we do. It is a key ingredient to our success.

ANCHOR AGE · BEIJING · BELLEVUE · BOISE · CHICAGO · DALL AS · DENVER · LOS ANGELES · MADISON · NEW YORK PA L O A LTO · P H O E N I X · P O R T L A N D · S A N D I E G O · S A N F R A N C I S CO · S E AT T L E · S H A N G H A I · TA I P E I · WA S H I N G TO N , D. C .

Contact: 800.586.8441 Perkins Coie LLP ATTORNEY ADVERTISING

www.perkinscoie.com

Different strengths.

One focus.

Jeremy D. Protas Associate 2013 MCCA Rising Star

Sandip H. Patel Partner and Former Chair, Recruiting Committee

Pamela L. Cox Partner and Chair, IP Transactions

Paul B. Stephens Partner and Chair, Pro Bono Committee

Attorneys. Scientists. Engineers. Artists.

At Marshall, Gerstein & Borun, the technical backgrounds of our attorneys are as diverse as our life experiences.

Together, we have built a unique intellectual property law firm that celebrates our differences and takes pride in our collective strength.

Discover more about us at www.marshallip.com.

233 South Wacker Drive t 6300 Willis Tower t Chicago, IL 60606-6357

Julianne M. Hartzell Partner and Chair, Recruiting Committee

Li-Hsien (Lily) Rin-Laures, M.D. Partner 2012 MCCA Rainmaker

Intellectual Property Law

PATENT PROSECUTION OPINIONS/COUNSELING LITIGATION TRANSACTIONS TRADEMARKS COPYRIGHTS

For more information, contact: Roger Heppermann, Executive Committee and Chair, Diversity Committee T: 312.474.6605 E: rheppermann@marshallip.com

March/April 2013

TABLE OF CONTENTS

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Appearances are worth more than you may know.

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The legal industry’s new crop of stars is stepping into the limelight.

FEATURES 20 MCCA’S RISING STARS These young attorneys are ready to take the reins of the legal profession.

From Wall Street warriors to a medical patent attorney who earned medical and law degrees by age 27, these lawyers represent the brightest of the legal industry. The list includes in-house and outside counsel from all over the country. In ten years, it won’t be a surprise to see these attorneys in even more prominent roles. BY RYAN SIBLEY

32 The Value of Being Beautiful Across ethnicities and industries, homely people are paid less than handsome workers. While beauty may offer a competitive edge, recent court cases show that it can be a double-edged sword. This nebulous region of employment law can solicit smirks or serious repercussions.

MCCA examines beauty bias, and what the legal sector can and cannot do to combat it. BY DIANNE HAYES

38 Who Made Partner in 2012?

MCCA congratulates the attorneys of color joining the partnership ranks in 2012.

COMPILED BY JOSHUA H . SHIELDS

MCCA® Board Of Directors Vernon G. Baker II

Samuel M. Reeves

Michelle Banks

Carlos Rincon

Senior Vice President & General Counsel, Meritor, Inc. Executive Vice President, General Counsel, Corporate Secretary & Chief Compliance Officer, Gap, Inc.

Clarissa Cerda

Senior Vice President, General Counsel & Secretary, LifeLock, Inc.

A. B. Cruz III

Former 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.

COLUMNS 8 Notes from the President & CEO 10 Perseverance in Profile Highlighting the contributions and talents of attorneys with disabilities.

Lauren DeBruicker

BY TOM CALARCO

14 Lawyer’s Lantern

Offering illuminating professional guidance for your career.

BY LARRY TU

16 Spotlighting

Judge Nancy Gertner

BY PATRICK FOLLIARD

DEPARTMENTS 42 Association Focus Florida Legal Services

BY DIANNE HAYES

46 Diversity News

The True Cost of Mooncakes: Cultural Guidance for the Government’s Guidance

BY BRIGIDA BENITEZ , SEAN C .

GRIFFIN , AND BIZUNESH SCOTT

48 In Closing…

An Interview with Cari Dawson

BY JOSHUA H . SHIELDS

50 Movers & Shakers

BY JOSHUA H . SHIELDS

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2013 STRATEGIC DIVERSITY SPONSORS

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.

Copyright Copyright® 2013 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

Senior Vice President, General Counsel, Walmart U.S. Legal Partner, Rincon Law Group, P.C.

Thomas L. Sager

Senior Vice President & General Counsel, DuPont Company

Robin H. Sangston

Vice President, Chief Compliance Officer, Cox Communications, Inc.

Kenneth S. Siegel

Chief Administrative Officer & General Counsel, Starwood Hotels & Resorts Worldwide, Inc.

Mary E. Snapp

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

Lawrence P. Tu

Senior Vice President, General Counsel & Secretary, Dell, Inc.

Neil Wilcox

General Counsel Chase Card Services, JP Morgan Chase

Simone Wu

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

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

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

MCCA® 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.

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3M Company AARP AT&T Accenture LLP AdvoServ AECOM AGCO Corporation Allstate Insurance Altria Group, Inc. American Airlines, Inc. American Express Company American Lawyer Media Aon Corporation Areas USA, Inc. AstraZeneca Pharmaceuticals Bank of America Behr America Inc. Benistar Admin Services, Inc. Bluegrass Cellular Inc. Boehringer Ingelheim Corporation Booz Allen Hamilton BP America Inc. Bristol-Myers Squibb Company Capital One Financial Corporation Cargill Inc. Catalent Pharma Solutions CBIC Construction & Development, LLC Chevron Corporation Choice Hotels International, Inc. CIGNA Corporation CITGO Corporation Colgate-Palmolive Company Compass Group, The Americas Compassion Care Hospice

Computer Science Corporation ConAgra Foods, Inc. ConocoPhillips Consolidated Edison Co. of N.Y. Constellation Energy Cox Communications Crawford & Company Deere & Company Dell Inc. DHL America 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 Fujitec America, Inc. Gap Inc. General Electric Company General Mills Inc. GlaxoSmithKline Graduate Management Admission Council Genentech, Inc. Goldman Sachs & Co. Google Inc. Hewlett-Packard Company HJ Heinz Company H.J. Russell & Company Halliburton

Honda of America MFG., Inc. Honeywell International IBM Corporation Ingersoll-Rand PLC Intel Corporation International Paper Company Jamison Insurance Group 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 Law School Admission Council (LSAC) Leo Burnett Company LexisNexis Liberty Mutual Insurance Company Lifelock, Inc. Liquidity Services, Inc. Macy’s, Inc. ManpowerGroup Marriott International, Inc. MassMutual Financial Group Medifast, Inc. MetLife Inc. Merck & Co., Inc. McDonald’s Corporation Microsoft Corporation MillerCoors Monsanto Company Morgan Stanley National Grid Nationwide Mutual Insurance Company Navistar, Inc.

Neighborhood Defender Service Newegg Inc. New York Life Insurance Company Northrop Grumman Corporation 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 Life Sciences, LLC PRAXAIR, INC. PreCash Premier Media, Inc. Prudential Financial Quest Diagnostics Incorporated RBS Americas Reckitt Benckiser, Inc. Reed Elsevier, Inc. Rockwell Collins Rolls Royce North America Inc. Rosetta Stone Inc. Sara Lee Corporation Scripps Networks Interactive, Inc. Sears Holding Company Sempra Energy ServiceMesh, Inc. Shell Oil Company Sodexo Sony Electronics, Inc. Southeastern Freight Lines, 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 Brookings Institution The Church Pension Fund The Clorox Company The Coca-Cola Company The Conference Board, Inc. The Dow Chemical Company The Juilliard School The Vanguard Group, Inc. The Walt Disney Company The Williams Companies, 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 Wireless Generation Inc. Xerox Corporation XO Holdings, Inc. Xylem Inc. Yazaki North America Inc. Zenith Insurance Company

MCCA® Law Firm Affiliates

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

Alexander & Associates Archer & Greiner, P.C. Arrastia & Capote LLP** AXIOM Law Benesch Friedlander Coplan & Aronoff LLP Beveridge & Diamond, P.C. Bressler, Amery & Ross PC Bricker & Eckler LLP Brinks Hofer Gilson & Lione Brown Law Group** Buchanan Ingersoll & Rooney PC Butler, Snow, O’Mara, Stevens & Cannada, PLLC Cavich, Familo & Durkin Co., LPA Clifford Chance US LLP Cooley LLP Courington Kiefer & Sommers LLC Cozen O’Connor Crumbie Law Group, LLC** Davis & Gilbert LLP

DeMahy Labrador & Drake, PA** Dickstein Shapiro LLP Duane Morris LLP Epstein, Becker & Green, PC Finnegan, Henderson, Farabow,Garrett & Dunner, LLP Fish & Richardson P.C. Fitzpatrick, Cella, Harper & Scinto Goldberg Segalla, LLP Gonzalez Saggio & Harlan LLP** Hamilton Miller & Birthisel LLP** Helms & Greene LLC Hinkley Allen & Snyder LLP Ice Miller LLP Igbanugo Partners International Law Firm Jeffrey Samel & Partners** Kaufman Dolowich Voluck & Gonzo LLP Kenyon & Kenyon LLP

** Minority or Women Owned Law Firm DIVERSITY & THE BAR®

MARCH/APRIL 2013

Kilpatrick Townsend & Stockton LLP King Branson LLC Kirkland & Ellis LLP Kumar, Prabhu, Patel & Banerjee** Lathrop & Gage LLP Leader & Berkon LLP Littler Mendelson P.C. Lim Ruger & Kim LLP** Loeb & Loeb LLP Martin & Martin, LLP** Maynard Cooper & Gale PC McGuireWoods LLP Messner & Reeves, LLC Miles & Stockbridge P.C. Miller Law Group** Montgomery, Barnett, Brown, Read, Hammond & Mintz LLP Morgan, Lewis & Bockius LLP Nemeth Burwell, P.C.**

Nicholson Law Group LLC** Ogletree Deakins Nash Smoak & Stewart P.C. Pepper Hamilton, LLP Peter Law Group** Phelps Dunbar LLP Porzio, Bromberg & Newman, PC Quarles & Brady LLP Quintarios Prieto Wood & Boyer, P.A.** Rivero Mestre, LLP** Rooney Rippie & Ratnaswamy, LLP Sanchez & Amador, LLP** Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & Machado LLP** Saul Ewing LLP Schwartz Hannum PC** Shella, Harris and Aus, P.C.**

Sher Garner Cahill Richter Klein & Hilbert LLC Snell & Wilmer LLP Steptoe & Johnson PC Steptoe & Johnson PLLC Stevens & Lee Stradling Yocca Carlson & Rauth, P.C. Sughrue Mion PLLC Sutherland Asbill & Brennan LLP The Goldstein Environmental Law Firm P.A. Thompson Hine LLP Troutman Sanders LLP U.K. Vyas Law** Vinson & Elkins LLP Waas Campbell Rivera Johnson & Velasquez LLP Winston & Strawn LLP Wong Fleming P.C.** Zuber Lawler & Del Duca LLP MCCA.COM

Notes

From the President & CEO

STRENGHTNEING THE PIPELINE LIES AT THE HEART OF THE LEGAL DIVERSITY EFFORT

G

ACCORDING TO RECENT REPORTS FROM THE BUREAU OF LABOR STATISTICS, the legal profession has the unfor-

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tunate distinction of being the least diverse of all white collar professions. Even the rank of CEO, with a minority percentage at 11.7 percent, is more diverse than the legal profession at 11.6 percent. Tepid recruitment efforts and problems of attrition, due mainly to the lack of inclusiveness, contribute to these poor numbers and have fueled several of MCCA’s efforts including the new Academy for Leadership and Inclusion series that MCCA launched in ten cities last year and will serve six cities in 2013.

However, before recruitment or retention come into the equation, there is the question of the legal pipeline.

How do we connect with potential law students to make sure they know that careers in the law are an option for them? How do we provide resources to make the very cost-prohibitive journey survivable? And how do we give them the intensive training and preparation necessary to enhance their chances of success?

Programs such as MCCA’s Lloyd M. Johnson Jr. Scholarship Program, which has awarded nearly $2.3 million in support for deserving law students, address the first two issues, but one of the most effective pipeline programs aimed specifically at the latter is the Ronald H. Brown Summer Law School Prep Program at St. John’s School of Law. This program focuses its efforts on preparing first generation, underrepresented and/or low-income college students for careers in the law. Students are admitted via a competitive application process. The nine-week sophomore program includes three weeks of intense study with

law school professors, followed by a two-week judicial internship, and concludes with a four-week internship with a government agency or top tier law firm.

The main focus of the second year is an intense 15-week LSAT prep course and one-on-one mentoring. The program also contains an often overlooked component: All students receive psychological and motivational counseling to help them conquer fears and gain confidence.

The results of this program are impressive. Program participants have increased their LSAT scores by an average of 10 points and over 80 percent of grads have been accepted to at least one law school, including some of the top schools in the country. The program is targeted, focused, and effective.

If the pipeline problem is to be properly addressed, programs such as the Ronald H. Brown Summer Law School Prep Program will go a long way toward the solution.

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

DIVERSITY & THE BAR®

MARCH/APRIL 2013

Publishing Consultants Bill Cox Toni Coleman Advertising Don Cooksey Design/Art Direction Quad/Graphics Creative Solutions

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

Contributing Writers Brigida Benitez Tom Calarco Patrick Folliard Sean C. Griffin Dianne Hayes Bizunesh Scott Joshua H. Shields Ryan Sibley Larry Tu MCCA.COM

I I C C G I C G I G C I C G I G I C C GIGCI G I GCIGC G I C GC C I G G I C C I G G C I G I C C GCI GCI G I GCI GC G C G I C I G G I C C G G I I C C G I G C C G G I I C C G G GC I C G

Join MCCA at Doral Golf Resort & Spa for the 10th Anniversary of the General Counsel Invitational Diversity Leadership Summit with the support of

Enhance your CLE experience with unparalleled networking, superb business development opportunities, and unique events that help cultivate long-term professional relationships.

The GCI supports the Lloyd M. Johnson Jr. Scholarship Program and MCCA’s pipeline efforts to assist diverse students in their pursuit of a legal career.

Register Today!

Make your CLE Experience Count!

For more information contact Jennifer Chen, Vice President - External Relations 202-739-5902 or jenchen@mcca.com Check out available sponsorships at www.mcca.com/gci

Perseverance in Profile

LAUREN DEBRUICKER: ADVOCATE ON WHEELS

BY TOM CALARCO

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When attorney Lauren DeBruicker rolls into the courtroom in her wheelchair, it often disarms her opponents. She says they have a tendency to underestimate her because she is a quadriplegic. It doesn’t concern her. Rather, she welcomes it because it gives her an advantage.

“I’ve learned to run with it as far as I can,” she says.

And by the time they realize they’re up against a “quad,” as she describes herself, with some serious legal skills, it’s too late.

“My co-counsel in one case dubbed me the ‘B-word on wheels’,” she jokes. “In the context of litigation, I’ve decided it was a compliment.”

DIVERSITY & THE BAR® MARCH/APRIL 2013

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ard work and exceptional public speaking skills have earned DeBruicker a position as a partner in the trial practice group of Duane Morris in Philadelphia.

Growing up in Philadelphia, DeBruicker never envisioned becoming a lawyer or requiring the use of a wheelchair.

She was a studious tomboy who liked to play sports. The older of two children, she was sent to an all-girls school from the outset.

“My dad never wanted me to be judged based on my gender but on my abilities,” she says. “It was a great place to grow and figure out who I was. Some of my classmates thought it was torture, but I loved the small classes and the chance to be a big fish in a small pond. It was a real privilege.”

She decided she wanted a change of pace for college and went West, enrolling at Stanford University. Just before the start of her sophomore year, she was making the long cross-country drive back to school from Philadelphia when an accident left her permanently paralyzed in all her limbs.

After surgery and six months of rehabilitation, she returned to school with just enough movement in her arms to push her wheelchair, but no use of her hands or legs.

MCCA.COM

in the pants that I needed to start owning my new circumstances and advocating for myself.”

DeBruicker credits her success to her ability to find strength in what some may see as weakness. She says the skills she gained in solving the problems presented by her loss of function are an asset for her as a lawyer.

“It brings something extra to the table for the clients I work with,” she says.

For example, her need for a hired assistant to help her with some of her basic personal needs, including getting out of bed, has sharpened her management, team building, and leadership skills.

“I’m somebody’s boss from the moment I wake up in the morning.

I’ve hired people, and had to fire people. On a typical day I’ve probably negotiated more things by the time I get to the office than most people do all day. Just about every experience I have is in some way beneficial to my practice. A lot of stuff from the day-to-day routine gives me a professional edge.”

Even the sometimes unwelcome stares of strangers can have their advantages. At least, she says, judges are likely to remember her.

“I’ve had judges sitting at the edge of their seats during my arguments,” she says. “Maybe it was because they were riveted by my argument, or because they couldn’t see me. As long as I have their attention, I’m happy!”

During her 15 years with Duane Morris, DeBruicker has compiled a significant body of work. She has represented plaintiffs and defendants, big corporations and individuals alike.

Maybe [the judges were on the edge of their seat] because they were riveted by my argument, or because they couldn’t see me. As long as I have their attention, I’m happy!

“I was the same person returning to the same place, but it felt like I was thrown into an entirely different universe,” she says of her experience. “I started back with a light course load, because I had so many other things to learn that had nothing to do with academics. Like, how was I going to take notes during a lecture with no dexterity?

How long would it take me to get to class? How would I manage a team of home health aides to help me do what I couldn’t do for myself anymore?”

With support from her family, who relocated to California to help with her transition back to school, and lots of trial-and-error, DeBruicker soon cut her commute to class from an hour down to 20 minutes, learned to use a stylus to type, and was again keeping pace with her classmates.

Her first turn as an advocate came with her first midterm. “It was a history exam with nothing but essay questions.

I asked the school’s disability resource office if they’d ask my professor if I could type the exam instead of writing in a blue book, which would have taken me endless extra hours. They said ‘Ask him yourself!’ That was the kick MCCA.COM

“It keeps you on your toes to be able to advocate for different kinds of clients,” she says. “And I like the variety.”

One case she found quite satisfying was her successful advocacy for a French scientist, who developed a gelatin-free pill capsule for sale to those who prefer not to use animal products.

“An American pharmaceutical company was very interested in her invention,” she says. “They said, ‘we’ll license your technology and you can come work for us to help bring the product to market.’ So she closed her lab in France, bought a house in the U.S., and came to America. But when she showed up for her first day of work they told her things were not going to work out, that her technology was worthless, and to go back to France.

Soon the company was selling gelatinfree capsules, and what started as an employment and licensing dispute turned into a full-blown case of patent infringement. It was a real David versus Goliath case, and walking our French client through the complex U.S. legal system was almost as challenging as the legal issues.”

She also has defended organizations from liability stemming from alleged criminal acts of their employees. A recent major case involved notorious pediatrician Earl Bradley, who sexually abused hundreds of children in his offices in southern Delaware over the course of 15 years.

DeBruicker’s job was to defend Beebe Medical Center, the hospital that hired Bradley when he initially moved to Delaware, against a class action by Bradley’s patients alleging the hospital negligently hired, credentialed, and supervised the man who has been called “the worst pedophile in American history.” The hospital faced financial liabilities totaling more than $100 million that would have permanently closed the facility. DeBruicker was part of a multi-firm team that negotiated the case to a settlement.

“Being able to navigate those claims, provide resolution for Bradley’s victims, and keep the hospital going MARCH/APRIL 2013 DIVERSITY & THE BAR®

11

After a really contentious deposition, there’s nothing better than going to rugby and bashing into things.

It’s therapeutic on so many levels.

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was a real achievement,” she says.

While the practice of law is a natural fit for her, it isn’t necessarily easy. “Just about everything that’s crucial to build your career—the long hours, delivering under pressure, being available for clients and colleagues 24/7—isn’t great for anyone’s health. And when you’ve got a body that doesn’t work the way it’s supposed to, and that requires extra time to do just about everything, taking care of yourself is a real challenge.”

This is especially true for someone who has limited options to exercise.

It is why she has recently taken up wheelchair rugby.

“It is fondly known as Murderball,” she says. “It’s played on an indoor basketball court with specialized wheelchairs. To qualify to play you need to have impairment in all four limbs, but there’s a huge variation in abilities.

Everyone has a role to play—the guys with more dexterity are usually the ball handlers. I am basically a lineman. It’s a lot like bumper cars.”

It had been a long time since DeBruicker had much interaction with others who have disabilities. Adaptive sports had never piqued her interest. But finally one day she went to a practice.

“I had forgotten how much fun it is to chase a ball around,” she says.

DIVERSITY & THE BAR® MARCH/APRIL 2013

She also enjoys the camaraderie and looks forward to going to practice. “After a really contentious deposition, there’s nothing better than going to rugby and bashing into things. It’s therapeutic on so many levels.”

Despite her achievements, DeBruicker still finds barriers she has to work around.

“People tend to assume that I don’t get out of the office much. I’m constantly letting people know that I go to court, travel, and litigate pretty much anywhere. I’ve argued motions in California, deposed witnesses in Florida, tried a case in Kansas.”

She also has had to push to get candid feedback on her work.

“As a young associate, what I often heard was ‘I really admire what you do,’ or ‘You are so capable.’ That’s nice, but it didn’t help me write a better brief or hone a more convincing argument. So I learned to ask specific questions to get the kind of substantive critique I was looking for—without that, there’s no way to know where you really stand.”

The incorrect assumptions and hesitancies, she says, “are certainly not deliberate—they are most likely just a result of a lack of experience around people with disabilities, at least in the workplace.”

As a partner in an AmLaw 100 firm, DeBruicker sees specific opportunities to change those perceptions.

One is to show that attorneys with disabilities can do the work as well as anyone else, and bring valuable skills to the table. The second is to ensure diverse partners of all kinds are building their books of business.

“Many companies already track whether diverse attorneys are working on their cases,” she says. “When that work is managed by a diverse relationship partner, the impact can multiply exponentially. Our diverse partners can connect clients to topflight talent across the country and even the globe, and ensure that the team doing that work includes those who can see your issues from an array of perspectives rather than a narrower shaft of experience, and deliver great results. It ensures challenging opportunities and steady work for diverse associates, and at the same time, builds the business of the diverse partner, which is the hallmark of big-firm respect and credibility. It advances the ball for so many people on so many levels.” D&B Tom Calarco is a freelance writer based in Altamonte Springs, Fla. MCCA.COM

Presents

Networking Series Join the Minority Corporate Counsel Association for a unique event that includes networking and wine tasting.

Divas Uncorked, a group of “wine savvy, not wine snobby” enthusiasts, will engage you in a creative and fun demonstration of food and wine pairings that will enhance your culinary experience. Following the presentation will be a wonderful networking opportunity with MCCA members and guests.

MCCA will also announce the winner of the Thomas L. Sager Award. This prestigious award will be given to a law firm that has demonstrated a sustained commitment to diversity and inclusion.

Don’t miss this experience!

For more information on how you can participate, please contact Jessica Martinez at (202) 739-5901 or jessicamartinez@mcca.com.

West Region Sponsors as of Jan. 23

Upcoming Events West Region

March 5, 2013 Hard Rock Hotel San Diego, CA 5:30pm – 7:30pm

Midwest Region May Chicago, IL

Mid-Atlantic Region June Washington, DC

South Region October Dallas, TX

Lawyer’s Lantern

DIVERSITY MATTERS

BY LARRY TU

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“Diversity matters—two simple words that resonate throughout Dell.

Our company believes that for us to succeed in a global market we must embrace the similarities and differences of our entire workforce.

Dell has adopted a number of initiatives to promote diversity within Dell and to help influence behavior outside of Dell. Our Global Diversity Council reviews diversity efforts across the business from our suppliers to our own internal teams.

And we have mobilized numerous global cross-functional teams to help ensure those diversity efforts are integrated into the business.”

DIVERSITY & THE BAR® MARCH/APRIL 2013

D

iversity matters to Dell on the large scale, but diversity also matters to me personally. I wanted to ensure that, in addition to our own efforts to advance diversity within the Dell legal function, we also leveraged our relationship with our outside law firms to broaden our impact.

I felt it was important for our law firms to understand the importance I place in having diverse representation, and for us to highlight the best practices among those firms, in order to spur all of us to redouble our efforts. This led us to launch the Dell Legal Diversity Award in October 2011.

The award will annually identify one law firm that stands out both in its firm-wide diversity efforts and in its diverse staffing of Dell projects.

We held a reception in Austin to launch the program and to present the inaugural recognition award to Fulbright & Jaworski, a firm which Dell has worked with for years and which has an impressive diversity track record, including many initiatives in which Dell and Fulbright have partnered. The reception was well attended by Dell legal team members, Fulbright attorneys, and numerous repreMCCA.COM

sentatives from a broad spectrum of diversity legal organizations, including: the Austin Asian American Bar Association, the Hispanic Bar Association of Austin, the Mexican American Legal Defense and Education Fund, the Texas Minority Counsel Program, Texas Women Lawyers, the State Bar of Texas Office of Minority Affairs, the Association of Corporate Counsel, the Austin Black Lawyers Association, and the Austin LGBT Bar Association. We also invited dozens of diverse local law students who participated in a local mentoring program that was sponsored by Dell and Fulbright.

In addition to honoring Fulbright at that event, we took advantage of the occasion to issue a challenge to our law firms to take their diversity efforts to the next level as we prepared to launch the first full year award competition. The challenge, we are pleased to report, was embraced by many.

Our in-house diversity committee began by contacting more than 50 law firms that provide a significant amount of legal services to Dell.

Nearly two dozen firms responded and provided extensive information about their diversity data, programs, and initiatives. The committee reviewed these submissions and followed up with extensive videoconference interviews of the participating firms. This gave us an opportunity to probe, to (frankly) differentiate aspiration from accomplishment, and to ensure that the firms had a full opportunity to convey the depth and breadth of their commitment.

After careful consideration we narrowed the field to eight finalists: Baker Botts LLP; Boulette & Golden LLP; Farella Braun + Martel LLP; Fulbright & Jaworski LLP; Hogan Lovells US LLP; Hughes Hubbard & Reed LLP; Mayer Brown LLP; and Morgan, Lewis & Bockius LLP. Even this was a tough task, as we were very impressed by all of the firms’ track records and accomplishments, and they should feel proud of their commitments in this area.

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Choosing a winner from among these eight was even tougher. Ultimately, the committee emerged with a clear consensus to present the first full year award to Farella Braun + Martel.

In December 2012, we held an awards ceremony at our headquarters in honor of Farella Braun + Martel.

Members of the firm were present to receive their award in front of the entire legal department, and the chairman of the firm, Steve Lowenthal, addressed the gathering and shared with us the firm’s long-standing commitment to diversity. We also set aside a full day for the firm to meet with representatives from across our department in order to

LARRY TU PRESENTS STEVE LOWENTHAL OF FARELLA BRAUN + MARTEL L.L.P. WITH THE DELL LEGAL DIVERSITY AWARD.

explore ways to expand the firm’s representation of Dell. At the event I shared some highlights of the firm’s impressive diversity efforts, which include:

topics as well as provide practical advice for getting into and paying for college. Thirty students have participated in this program so far and virtually every participant has gone on to college. The program has been so successful that the law firm has made the curriculum available to other firms wishing to make a similar commitment to diversity. Several lessons from the program have been adopted by the American Bar Association’s Law Day, an annual event designed to teach students about the legal system and its importance.

• Creating an internal diversity committee that includes the firm’s chair. The firm also has a Women’s Leadership Committee that connects women with mentoring and networking opportunities both inside and outside of the firm. And the firm has a diversity outreach program that pairs diverse associates with clients to give the associates opportunities to build direct client relationships.

• Celebrating the firm’s 50th anniversary this year by donating $500,000 to various charities and challenging every one of its employees to volunteer 50 hours over the year to local charities, most of which serve diverse communities.

• Handing out nearly a quarter of a million dollars in scholarships over the past 12 years to 54 diverse first-year law students. This program not only assists these students but also serves to build a strong pipeline of diverse lawyers for the future. In fact, two scholarship recipients have gone on to graduate and take positions within the firm.

Celebrating the firm’s award was a great first step but it wasn’t the final leg. We’ve introduced members of the winning firm to several groups of the Dell legal team, and I’ve asked our team to factor in Farella Braun’s commitment to diversity when selecting a law firm for new representation. We are looking for new ways to work with the firm as well and hope that other law firms will see that the Dell Legal Diversity Award is not just a notch on the belt but a true opportunity to deepen their relationship with Dell. D&B

• Establishing a high school internship program in 2007 to take diverse students and educate them on legal

Larry Tu is senior vice president, general counsel, and secretary of Dell Inc. MARCH/APRIL 2013 DIVERSITY & THE BAR®

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Spotlighting

16

IMPECCABLE JUDGMENT Judge Nancy Gertner

BY PATRICK FOLLIARD

Throughout her extraordinary career as a civil rights and criminal defense lawyer, federal judge, and now a professor at Harvard Law School, Nancy Gertner has demonstrated a fiery passion for justice. Whether that means arguing landmark women’s rights cases, making controversial decisions, or carving out time to approve eleventh hour deportation injunctions, she has always worked hard to ensure that “justice for all” is more than a catchphrase.

DIVERSITY & THE BAR® MARCH/APRIL 2013

“F

or anyone who went to Yale Law School in the late 1960s and early ‘70s like me, the question to ask is ‘How could you not have believed in social and civil justice?’ It was in the air. It was exciting and we thought we were changing the world. It’s where we learned to be critics, to look underneath things and question everything.”

During her years on the bench from 1994 to fall of 2011, when she retired from the U.S. District Court for the District of Massachusetts, Gertner enjoyed complicated, puzzle-like cases, but she especially liked the cases that were important but not heavily lawyered up. “Those are the ones that don’t scream. Often with a petition written in pencil; sometimes the language isn’t the best. They usually go unnoticed. Though woefully underrepresented, these types of cases are important and need attention.”

Judge Gertner was well known for caring about immigration. It was common on Friday afternoons for someone who was going to be deported on Monday to come to the court seeking an injunction. “My clerks knew I cared about these kinds of cases and when the person appeared at the counter downstairs they knew I could be interrupted to deal with it—more cases that didn’t scream.”

Despite, or because of, her ongoing interest in the little guy, Gertner invariably landed center stage. The decision she issued on Limone v. FBI that awarded more than $100 million to the victims of FBI misconduct drew considerable attention. So did the decision she wrote on affirmative action in connection with Lynn Public Schools, Comfort v. Boston, which upheld the use of race-conscious methods for K-12 school assignments. She frequently expressed frustrations with Massachusetts’ method of jury selection in federal cases, a method that led to white juries, and registered her concerns about the rigidity of the federal sentencing guidelines. She was also the first federal judge to blog. “The whole blogging [criticism] was really overblown,” she says. “I blogged for Slate for awhile, and I never wrote about pending cases or criticized other judges.

The extraordinary criticism of judges in the past 20 or 30 years makes judges feel they must bend over backwards to not deal with the media. Writing a blog is not different from an op-ed or any article that judges are permitted to comment on.”

Gertner never set out to be a judge. In fact, almost every move she made in her career as an outspoken, firebrand MCCA.COM

2013

My beliefs didn’t dissolve when I took the oath of office…

If you believe that is possible then you’re not coming to grips with your biases.

Gala

lawyer was inconsistent with the politics of becoming a federal judge, she says. Her marriage to John Reinstein in 1985, the legal director of the ACLU of Massachusetts, did nothing to further her prospects. But in the early 1990s, after years of litigating, Gertner was ready to do something new. Her law school friend Bill Clinton was in the White House and many of her peers were going into government. Clinton appointed her to the federal court in 1994 and her state’s senator, Ted Kennedy, worked hard to successfully push through the nomination.

While Gertner believes there is flexibility in judicial decisions, she concedes the role is indeed very narrow. “My beliefs didn’t dissolve when I took the oath of office. I knew the role of a judge was a different role and I’d struggle with the two.

It wasn’t about suddenly waking up one morning devoid of opinions. If you believe that [is possible] then you’re not coming to grips with your biases.”

Not only were progressives disappointed when Gertner retired from the bench, her more conservative colleagues were equally sorry to see her go. U.S. District Court Chief Judge Mark Wolf (a Reagan appointee) told the Boston Globe “[Gertner] has a particularly passionate devotion to justice. We will be a grayer place without her.’’

Gertner grew up in Queens, New York, the younger of two daughters in a very traditional family. Though her father believed a woman’s destiny was primarily to marry and keep house, his actions sometimes belied the sentiment.

He often praised her varied accomplishments, and while she lived at home, the pair often stayed up late into the night discussing politics. After he died, the family found a stack of newspaper clippings beside his bed tracking his daughter’s career. In high school, she was class president, homecoming queen, a cheerleader, and valedictorian. “My generation of women wasn’t quite sure where we were headed so being smart wasn’t enough, we had to try and

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cover all the bases,” she explains. “But as we went through college and grad school we began to concentrate on what was important to us. It’s like what columnist Anna Quindlen wrote about—she arrived at Barnard College [Gertner’s alma mater too] in a pressed pleated skirt and left in jeans.”

After Barnard, she earned an M.A. and a J.D. from Yale, where, along with friends like Hilary Rodham Clinton, she was completely swept up in the politics of the time. “I’d been thinking about a career in academia, but no more. Who wanted to sit in the library?

I protested against the [Vietnam] war and got involved in women’s rights. I would have gone down south to protest [inequality] several years earlier, but I was slightly too young and my parents wouldn’t let me.”

Now that Gertner is in academia, she’s noticed a troubling trend among her students—a shift away from the pursuit of social justice. “This pursuit of financial stability had been going on before the 2008 crash, but it’s much worse now,” she adds. “In my day there was a sense that you had a chance to experiment in the law and to try things, to match your sense of social justice with your job. I didn’t come from wealth at all but I never felt that it was critical for me to immediately start making money. I wanted to do what I thought was interesting and meaningful.”

Gertner arrived on the heavily male-dominated legal scene in the mid70s, already dressed in her soon-to-be signature red. (“I figured if I had to wear a suit everyday it might as well be my favorite color.”) As a brilliant young attorney, she drew national attention for effectively representing anti-war activist Susan Saxe in a high-profile murder trial. Throughout Gertner’s 20-year career practicing criminal defense and civil rights, first at Silverglate & Gertner and later at Dwyer, Collora & Gertner, she focused on issues involving women, including abortion rights, workplace discrimination, and rape and murder cases.

DIVERSITY & THE BAR® MARCH/APRIL 2013

It’s particularly interesting when you teach in the area of your practice or what you wrote about as a judge—it enables you to take a step back and say here’s where the law is going and get the big picture.

Harvey Silverglate, her partner for much of the 1970s and ‘80s, says Gertner has a natural ability for dominating prosecutors, and communicating and connecting with jurors. “She is tough, inventive, fearless, and has impeccable judgment,” he says. “I should also point out that early in her life she was a consummate actor in school plays; that talent has carried over.”

Today she shares her expertise in the classroom as a fulltime professor teaching criminal law, criminal procedure, forensic science, and sentencing.

“It’s particularly interesting when you teach in the area of your practice or what you wrote about as a judge—it enables you to take a step back and say ‘here’s where the law is going’ and get the big picture. And students are wonderful about asking questions that you might not have thought about.”

Looking back, Gertner says, she can grasp some aspects she sees as trends that she may not have seen while she was on the bench. “When I was a judge, I wasn’t fully aware just how badly employment discrimination cases were treated in courts. I didn’t see the

pattern until I left the bench.”

So long as she is coming from a place of acting in the pursuit of truth and justice, Gertner is fine with ruffling a few feathers. During her years as a federal judge, she was often invited to events to show the strides women had made in the legal world.

But she never played along. “Instead, I’d say ‘Isn’t it awful?’ Even though the profession is half comprised of women, there are only three women justices on the U.S. Supreme Court.”

In addition to teaching, she does some litigation consulting, arbitration, and mediation, but is busy writing books, articles, op-eds, and amicus briefs.

“Having been a litigator and a judge, I have the perspective that very few others have had.”

“When I retired from the bench I had to say I was retired, but that was just a technical issue,” says Gertner.

“Retirement is not a concept that I understand. There’s still so much I want to do.” D&B Patrick Folliard is a freelance writer based in Silver Spring, Md. MCCA.COM

The Minority Corporate Counsel Association’s

Rising staRs The future is bright for these

extraordinary lawyers.

BY RYAN SIBLEY

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DIVERSITY & THE BAR® MARCH/APRIL 2013

MCCA.COM

Meet the 12 extraordinary lawyers ready to rise to leadership positions.

Lawyers like Nadira Clarke, leader of Beveridge & Diamond’s white-collar defense and environmental crimes practice group, prove the legal profession has a very bright future ahead. Whether she’s working on high stakes and complex criminal matter involving the environment, or a pro bono and cutting-edge case to further the rights of transgendered people, she works hard to execute her job flawlessly.

The Minority Corporate Counsel Association has selected Clarke, and 11 other extraordinary lawyers as 12 people whose accomplishments and dedication will catapult them into leadership positions in the years to come and set the standards for excellence in the legal world.

All 12 have impressive achievements already as well as a commitment to diversity and inclusion in the legal professional.

Nadira Clarke, featured on this issue’s cover and one of our 12 rising stars, is a shining example of a lawyer who has built a successful practice.

MCCA.COM

MARCH/APRIL 2013 DIVERSITY & THE BAR®

23

RISING STARS

MANUEL F. CACHÁN MUNGER, TOLLES & OLSON LLP Los Angeles, CA MANUEL CACHÁN’S IMPACT IS FELT ACROSS CONTINENTS. The son of Cuban exiles, Cachán leverages his Latino heritage in his complex civil litigation practice that includes many Latin American clients. He has counseled Phillip Morris on its legal challenges in Uruguay, Panama, Nicaragua, Colombia, Guatemala, Costa Rica, and Honduras.

One of his passions is his pro bono work with the National Institute of Trial Advocacy’s Mexico Project.

Cachán is helping Mexico transition from an inquisitorial system, where the court is actively involved in investigating

the facts of the case, and is prone to corruption, to an adversarial one, like the United States.

His domestic victories include being part of a trial team that defended dick clark productions against a lawsuit brought by the Hollywood Foreign Press Association over the rights to the Golden Globe awards show. He has also represented Univision in California state and federal lawsuits against its Mexico-based supplier Televisa. His representation of Occidental Petroleum in U.S. federal court under the Alien Tort Statute, based on its operations in Peru, Colombia, and Ecuador, relied on his Spanish fluency to examine all aspects of the case.

“The key to continued success is continuing to gain experience. I’m still striving to be better and working to become the lawyer people call to be first chair all the time,” Cachán says.

He adds that being considered a Rising Star is a challenge and great compliment. It’s an inspiration to him accomplish more in his career.

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NADIRA CLARKE DIVERSITY & THE BAR’S COVER MODEL is the leader of Beveridge & Diamond’s white-collar defense and environmental crimes practice group.

Her colleagues describe Clarke as someone with an expert ability to break down highly complicated scientific and environmental matters in ways that anyone can understand.

That is understandable, given her background as an assistant United States attorney and trial lawyer with the Department of Justice, Environment & Natural Resources Division. Based on her distinguished performance, she was invited to serve as a special assistant to the assistant attorney general of the department. It was there she developed excellent trial skills.

Her colleagues describe her as an “asset” and her abilities as “superb.”

DIVERSITY & THE BAR® MARCH/APRIL 2013

BEVERIDGE & DIAMOND Washington, D.C. “She gets great results, and clients seek her out because of her talents,” says Ben Wilson, managing partner at Beveridge & Diamond.

The white-collar defense field in which Clarke practices is not known for employing minority women. ”Working in this field has made me tough. There is no question that I have had to prove myself and my abilities to clients and other lawyers simply because I am a minority, but I’m fine with that,” she says.

It’s made her work harder for her clients and be a better lawyer overall, she adds.

Her pro bono work includes mentoring, training, and handling sex-discrimination cases in Washington, D.C. Clarke says providing pro bono legal services to people is good for them and good for her skills. It helps keep her in touch with the varying perceptions of the legal system, she reflects.

MCCA.COM

CHRISTOPHER GARCIA CHRISTOPHER GARCIA’S TRACK RECORD was perfect when he was the chief of the Securities and Commodities Fraud Task Force in the U.S. attorney’s office for the Southern District of New York—all ten of the cases he personally supervised resulted in conviction, earning him a masterful reputation.

He now uses his skills in the private sector at Weil, Gotshal & Manges where he is a litigation partner and a member of the securities litigation and white collar defense and investigations practices.

“I’m now acutely aware of the power the government has and I appreciate the great responsibility I have now as a defense attorney and then as a prosecutor,” Garcia says.

Garcia’s colleagues at Weil recognize him as a modest person with extreme talent.

WEIL, GOTSHAL & MANGES New York City, NY “Everyone is attracted to [his personality],” says Jonathon Polkes, co-chair of the Securities Litigation Practice Group at Weil. “Chris is a rare combination of intellect and humanity.”

Garcia participates in Latinos@Weil, a program at his firm where he can be a mentor to younger lawyers with diverse ethnic backgrounds.

“Being a mentor is more than being available during a scheduled hour, but instead being there whenever my mentees need me,” Garcia says.

Garcia’s Cuban grandfather came to the U.S. from Venezuela. The self-taught electrician once worked at the Harvard Club in New York City but wasn’t allowed to use the bathroom there. His grandfather endured discrimination and segregation that paved the way for Garcia to succeed in his career. He recognizes that it’s no coincidence that he’s now a member of the Harvard Club and can use the bathroom there whenever he wants.

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BLOSSOM KAN METLIFE, INC. New York City, NY BLOSSOM KAN HAS WRITTEN TWO BOOKS, China Doll and Young, Restless and Broke, that explore barriers put in place by gender and ethnic stereotypes—themes that are present in her everyday personal and professional life.

Kan is also an assistant general counsel at MetLife.

She handles complex litigation matters and represents her company on regulatory matters with both federal and state regulatory authorities.

Her colleagues know her for being an excellent litigator and great communicator who regularly gets great results for her clients.

MCCA.COM

“She adapts her style depending on her situation and is an effective litigator because of it,” says Sheila Murphy, a Metlife colleague.

“Her writing gives her a better ability than most to perceive what’s happening around her and adds to her skills as a litigator,” Murphy adds.

Her best skill is her ability to marshal a team.

“One of the most challenging parts of my work is being an effective conduit for all the different parts of a large company, and I really strive to make sure that all our partners are being brought together to provide their respective views and experiences and effectively collaborate so that we can reach the best resolution,” Kan says.

The author and litigator treats increasing diversity in the legal world as part of her core mission as a professional. More diversity would increase the kinds of talent found amongst lawyers and have a beneficial impact on the legal profession, according to Kan.

MARCH/APRIL 2013 DIVERSITY & THE BAR®

RISING STARS

TIRZAH LOWE KNOBBE MARTENS OLSON & BEAR, LLP Orange County, CA WHAT DO OSCAR DE LA HOYA, Taco Bell, Diedrich Coffee, Ruby’s Diner, and Shaquille O’Neal all have in common? They trust Tirzah Lowe with their brands.

Lowe, an accomplished intellectual property lawyer and partner at Knobbe Martens Olson & Bear, LLP, has built an impressive foreign trademark practice while remaining at the forefront of new media technology in order to protect infringement of copyright materials by major social media outlets.

In addition to an impressive practice, Lowe works hard, pro bono, as a leader and organizer for ending

human trafficking and homelessness among teens.

She was recognized by other organizations as an up-and-coming lawyer as well as a top lawyer under 40 to watch out for. She knows that her hard work, willingness to help, and desire to contribute to many causes has factored into her recognition and her success.

“It’s important to get involved in the broader legal community. As lawyers, we hold a lot of power in society and with that power comes responsibility… We should take broad actions to help a greater society,” she says.

A third-generation lawyer, Lowe was exposed to the legal system as a child and learned to appreciate its value early. She says being considered a Rising Star gives her an opportunity look back at her work and use the knowledge she’s gained to help other younger attorneys and law students.

“I want them to love the law and to love being a lawyer. If people can look at me and see the law can help people, and see a mentor in me, then that’s very satisfying.”

Rising Stars

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MARIE MA IS THE ONLY RISING STAR who went directly inhouse after law school.

She worked as a paralegal for The Gap, Inc. before she completed law school. She is one of only two attorneys who have been hired straight out of law school by Gap. Ma says her nine years with Gap have made her very comfortable dealing with corporate law and its ever-changing landscape.

Ma has made the most of going in-house immediately after law school, which even Ma sees as atypical, and something some believe can halt the growth of new lawyers.

“I am lucky to work for Gap because the company participates in and encourages a number of pro bono and diversity-focused initiatives in the legal world, something that many in-house legal departments have trouble

DIVERSITY & THE BAR® MARCH/APRIL 2013

MARIE MA THE GAP, INC. San Francisco, CA

doing because of a lack of resources,” she says.

Ma participates in a number of pipeline programs to encourage young people and minorities to pursue law school and to ultimately increase diversity in the legal field. She also donates some of her time to teaching high school students about the legal process through mock trials—she is the mock trial vice committee chair for the Bar Association of San Francisco. She is currently planning the annual Gap Inc. Legal Department fundraiser, which she started three years ago.

Ma’s proudest accomplishment is the U-Visa program. She initiated Gap’s involvement with the program and continues to be involved in it. It provides undocumented immigrants who have been victims of a crime, and cooperate with law enforcement, to bear witness against offenders, and get temporary visas that become a gateway to permanent residency status.

MCCA.COM

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RISING STARS

JEREMY D. PROTAS JEREMY PROTAS’ EXPERIENCE AS AN ENGINEER in NASA’s Jet Propulsion Laboratory makes him more than ideal to tackle the varying types of technology he deals with as a patent lawyer.

Protas works for Marshall, Gerstein, Borun LLP, and his job is to prosecute and secure patents for clients with products of various technologies. To do his job well, he has to try to gain intrinsic knowledge of the products his clients bring his way.

Protas also works to increase diversity in the patent law world by awarding scholarships to law students in the LGBT community interested in pursuing patent law. His program is called Jeremy Protas LGBT Patent Law Scholarship.

MARSHALL, GERSTEIN, BORUN LLP Chicago, IL “I think all types of diversity are important in all fields of law, and I am committed to improving diversity generally in the legal field. However, as an openly gay patent lawyer, it quickly became clear to me that there are relatively few openly LGBT attorneys practicing patent law, and I decided that I was in a position to do something about it,” Protas says.

Protas committed himself to taking part in pro bono work, because “[attorneys] have an ethical obligation to provide our services to those who could not otherwise afford them; everyone deserves access to the protection of our nation’s judicial system, regardless of whether they have the means to hire a lawyer.”

He’s taken on pro bono cases inside and outside the patent law arena including a case that helped a teacher patent a vest that helps autistic students learn.

Rising Stars

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TEENA-ANN SANKOORIKAL CRAVATH, SWAINE & MOORE New York City, NY ANYONE REMEM BER THE MUSIC SHARING software LimeWire? Teena-Ann Sankoorikal represented Warner Brothers Records and other record companies in a case that ended poorly for the peer-to-peer file sharing site.

People that have worked with Sankoorikal sing her praises. “What sets Teena apart is her mastery of soft skills that make the difference between a good lawyer and an exceptional lawyer,” says DeAnna Allen, who worked with Sankoorikal as counsel to co-defendants in a high-stakes patent infringement suit. “She demonstrated an innate ability to read people and manage interpersonal relationships among a collection of

DIVERSITY & THE BAR® MARCH/APRIL 2013

very accomplished—and highly opinionated—patent lawyers.”

A partner in Cravath, Swaine & Moore LLP’s litigation department, Sankoorikal focuses on copyright, patent, and trade secret matters. She also has experience with antitrust law, securities, Alien Tort Statute, and internal investigations.

Her high-profile clients include IBM, Qualcomm, and choreographer Mary Anthony in litigation. She has written about her own work, and how she succeeds at it, “It requires me to strategize about the ‘big picture,’ while also understanding the intricacies and details that make each matter and client unique.”

Sankoorikal mentors and inspires younger lawyers by sitting on panels organized by the NYU Asian Pacific American Law Students Association (APALSA), a Harvard APALSA “Asian Pacific American Leadership in Law Firms” panel, and a Harvard Association for Law and Business “Minorities in Corporate Law Panel.”

MCCA.COM

NONI ELLISON-SOUTHALL TURNER BROADCASTING SYSTEM, INC. Atlanta, GA IMAGINE BEING RESPONSIBLE for the daily operations, including the negotiation of music-related deals, of TNT, TBS, TruTV, Cartoon Network, CNN, HTV, and other Turner networks. Noni Ellison-Southall relishes the task.

She is currently senior counsel for Turner Broadcasting System, Inc. (Turner) and heads Turner’s music division. And that’s only the beginning of a list of 11 organizations that she’s either a member of, chairs, and in some cases, like the Black Professionals at Turner, founded.

Ellison-Southall is known as an excellent lawyer who can get to the heart of a legal issue, lead as a consensus builder, and then execute to perfection.

The list of achievements on the Louisiana native’s resume states undeniably that she is a natural leader, and Ellison-Southall recognizes that in herself. ”I am always willing to step up and lead if I can make a positive change. However, I know the importance of following, too, if the situation calls for it.

“I’ll do whatever it takes to get things done, “ she says.

Her work ethic comes from an awareness of how hard others have worked to pave the way for her.

Ellison-Southall is a fervent advocate for diversity in the legal profession and on a mission to continue to develop her skills and expand her perspective. She considers a Rising Star as someone who is positioned to go on and achieve his or her ultimate goals.

Rising Stars

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VIVIAN LEE THOREEN VIVIAN LEE THOREEN IS KNOWN for sorting through the detritus of fame. She helped free Mickey Rooney from elder abuse inflicted upon him by family members. She represented Howard K. Stern, the executor of Anna Nicole Smith’s estate, in a case that went to the U.S. Supreme Court twice. Throughout it all, she has maintained her drive to seek justice wherever it is needed.

A trial lawyer and litigator who focuses on complex trust, estate, conservatorship, and guardianship matters at Holland & Knight, she was recently appointed to the executive committee of the Trusts & Estates Section of the California Bar Association.

“Vivian is one of the best young lawyers I have ever worked with,” says Bruce Ross, co-chair of Holland & Knight’s national private wealth services dispute

MCCA.COM

HOLLAND & KNIGHT Los Angeles, CA resolution team and one of the country’s most distinguished trust and estate litigators. Ross plans to transition leadership of the firm’s trust and estate litigation practice to Thoreen when he scales back or retires in four or five years.

She successfully represented the court-appointed guardian of a minor for more than five years in the guardian’s efforts to adopt him. She did the work pro bono.

Thoreen recognizes the challenges she faces as a woman and admits that it has made her job harder in the past. However, she says the extra work she had to do to establish her credibility in the courts and to clients has made her a better lawyer.

According to Thoreen, being considered a Rising Star is a privilege, and it gives her the opportunity to have a positive impact throughout the legal community.

MARCH/APRIL 2013 DIVERSITY & THE BAR®

RISING STARS

KRISHNA VEERARAGHAVAN SULLIVAN CROMWELL, LLP New York City, NY

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KRISHNA VEERARAGHAVAN HANDLES HIGH PROFILE and highdollar cases, to the tune of $50 billion worth of headline-making M&A transactions.

Veeraraghavan is a partner at Sullivan Cromwell LLP in the firm’s Mergers and Acquisitions group. He focuses on corporate governance, mergers and acquisitions, and private equity matters.

Veeraraghavan’s portfolio of work includes helping Anheuser-Busch InBev acquire the remaining stake in Grupo Modelo that it does not already own—a transaction worth more than $20 billion. He is also advising the biotechnology company Amgen’s $315 million

acquisition of KAI pharmaceuticals.

Veeraraghavan says a good M&A lawyer is a good negotiator, knows and understands business law, and the U.S. securities laws that affect corporate transactions.

Despite his impressive resume and the recognition he’s already received for being a great lawyer, Veeraraghavan won’t take full credit for his success.

“I work at a firm that is full of lots of talented people and they all work hard for our clients,” he says.

Veeraraghavan will admit that he loves negotiations and finding solutions to problems, which motivates him to work very hard at his job.

In addition to working very hard for large corporate clients, Veeraraghavan donates his skills and his time to the nonprofit group South Asian Youth Association, which is committed to furthering the educational and career development of south Asian children from underserved and immigrant communities.

“I love my work,” Veeraraghavan says, “but it’s important to focus on things that are much bigger than just the legal world.”

BRYAN WAHL BRYAN WAHL IS A PRACTICING medical doctor and lawyer, a remarkable combination of achievements, with each requiring a great deal of hard work and dedication on their own.

A medical doctor before going to law school, Wahl made partner at Knobbe Martens in just five years. Wahl specializes in intellectual property protection, infringement studies, financings, and strategic transactions. “[Because of my] interest in the many biomedical devices and technologies I was around, I decided to go to law school after my internal medicine residency to explore the intellectual property aspects of the healing profession,” Wahl says.

He says he owes his work ethic to his parents who instilled the importance of hard work, humility,

DIVERSITY & THE BAR® MARCH/APRIL 2013

KNOBBE, MARTENS, OLSON AND BEAR, LLP | Orange County, CA and embracing challenges. Wahl, a third-generation descendant of immigrants from southern China, says his grandparents’ struggle inspired him to accomplish so much.

“I am very grateful for my grandparents’ many sacrifices in coming to America virtually destitute, in search of a better life for themselves and their families. I try and incorporate that immigrant spirit of self-reliance, perseverance, giving back, and not taking anything for granted into my law and medical practices and also daily life,” Wahl explains.

In managing his busy schedule, the doctor and lawyer finds opportunities to mentor other young associates by delegating tasks to them that they can learn from—the same way he was mentored when he first became a lawyer.

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Gala Tuesday

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Honorees Mid-Atlantic Region

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THE POWER of

BEAU T Y YOUR APPEARANCE IS THE FIRST THING ANYONE NOTICES. LIKE IT OR NOT, YOU ARE JUDGED, HIRED, AND COMPENSATED BY YOUR LOOKS. THE LAWS SURROUNDING “LOOKISM” ARE VAGUE. RECENT CASES HIGHLIGHT THE CHALLENGES FACED BY EMPLOYMENT LAWYERS.

By DI A NNE H AY ES

WHO IS THE

FAOFITHEM R EST ALL?

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eauty may offer a competitive edge, but in today’s litigious society, it can work for you or against you. In the legal profession, just the whisper of discrimination cases filed because of what is being popularized as “lookism” draws reactions ranging from dismissive smirks to palpable annoyance at what may seem to be an abuse of the legal system. But numerous employment-based discrimination complaints—whether one is charging they were discriminated for being beautiful or not beautiful enough—filed in this nebulous area of law are creating a reason for the legal profession to pay closer attention, say those who consult on those cases.

While some may have thought it to be an anomaly, one high-profile beauty discrimination case has at least proven that there are people prepared to debate the matter in court.

Last December, dental assistant Melissa Nelson alleges she was fired for being “too attractive,” and “irresistible” and that her boss accused her of posing a “threat” to his marriage. Nelson worked for dentist James Knight for more than ten years. Knight complained that Nelson, who is married, wore tight clothes and that his wife demanded that he fire her, even though there were no reports of flirtatious conduct. Her employer acknowledged that he had no problem with her work; it was his own attraction that made DIVERSITY & THE BAR®

MARCH/APRIL 2013

him believe an affair would be “inevitable.”

Even though Nelson sued her employer for sex discrimination, she argued that she was being fired for being too “hot” for the dentist. The all-male Iowa Supreme Court unanimously upheld the firing as lawful and separated beauty from sex discrimination.

James McDonald, managing partner of the Irvine (CA) office and a partner in the Los Angeles office of Fisher & Phillips LLP, frequently writes about beauty bias. His litigation involves various types of employment disputes.

“We don’t have a law in California that covers appearance discrimination,” McDonald says. “Several lawyers have tried to create case law. Religious clothing cases are much more prevalent. Last year the legislation enacted additional protection for religious dress and appearance. Those areas have been protected under the law for some time. It doesn’t cover whether someone is not attractive enough or too attractive.”

Although the federal government does not recognize physical attractiveness or unattractiveness as a protected category, some states and jurisdictions have taken steps in this direction. For example, Michigan, San Francisco, Santa Cruz, Calif.; Madison, Wis.; Urbana, Ill.; and Howard County, Md., prohibit discrimination based on appearance.

The District of Columbia has made “personal appearance” a protected category under its anti-discrimination law.

The legislation, however, has not opened up a floodgate of litigation as some predicted. The cities and counties receive no more than nine complaints a year—some not at all. While complaints in the state of Michigan total about 30, less than one a year ends up in court.

Although Washington, D.C. has the most comprehensive law prohibiting employment discrimination based appearance, attorney Debra Katz, a partner with Katz, Marshall & Banks in D.C., said she doesn’t anticipate seeing a groundswell of cases similar to the beauty discrimination case in Iowa.

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The D.C. appearance law was meant to be broad and inclusive. Katz said personal appearance lawsuits are often muddied by other factors that may be more readily covered under discrimination law such as age, instead of strictly pursuing beauty.

“I’ve never seen anything like the Iowa case where the person was discriminated against for being too beautiful,” Katz said, whose firm specializes in employment law and sexual harassment.

THE BEAUTY ADVANTAGE

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It is a documented reality that being good-looking has its rewards—financially and in leveraging opportunities. At one time, even discussing the topic seemed trite, but more and more mainstream and legal scholars are documenting how looks can affect one’s job, career, and life.

A high-profile case in New York involved a 33-year-old Queens, NY, woman who sued Citibank three years ago claiming that, for wearing pencil skirts, turtlenecks, and peep-toe stilettos, she was fired from her desk job for being “too hot.”

Debrahlee Lorenzana claims her supervisors commented on her pants and skirts being too tight and revealing, but did not make the same comments to other, less attractive women employees with similar attire. Her media blitz about her case was a catalyst for additional discussion on the topic of beauty discrimination.

Attorney Jeffrey B. Jones, office managing shareholder with Littler Mendelson, has worked in discrimination law since 1997. Based in Orlando, Fla., Jones is focused on training companies to avoid lawsuits when it comes to a broad spectrum of discrimination issues.

“I haven’t seen any of these so-called beauty discrimination cases,” Jones said. “We see more cases where someone felt they were discriminated against because the person hired was younger and more attractive. It is very clear that a lot of decisions are being made based upon looks, especially in sales. It’s human nature. Those are the things we advise clients to be careful about, which can lead to age and gender discrimination claims.

“We remind companies that they want to make sure their policies are uniformly enforced with the same set of rules for men and women.”

The beauty premium has been widely researched in a culture consumed with image. According to economists,

pretty people, whatever their aspirations, tend to do better.

Over a career, a good-looking man will make about $250,000 more than his less attractive counterpart, according to economist Daniel S. Hamermesh, who is a professor at the University of Texas at Austin. His research focuses on the study of physical beauty and how it impacts employment and earning potential. The American Society of Plastic Surgeons reports that 13 percent of women and 10 percent of men surveyed would consider cosmetic surgery if it made them more competitive at work.

Newsweek surveyed 202 corporate hiring managers, from human resources staff to senior-level vice presidents, as well as about 1,000 people from the general public to gauge their views about the importance of looks.

Fifty-seven percent of hiring managers told Newsweek that qualified but unattractive candidates are likely to have a harder time landing a job, while more than half advised candidates spend as much time and money on “making sure they look attractive” as on perfecting a resume. When asked to rank employee attributes in order of importance, managers placed looks above education.

In her book, The Beauty Bias: The Injustice of Appearance in Life and Law, Stanford University law professor Deborah Rhode argues that appearancebased discrimination is a pervasive social problem that can be addressed, at least in part, through anti-discrimination laws. According to Rhode, appearance discrimination translates into lower wages, lower damage settlements, and countless other tangible harms.

One thing is certain: the goal to achieve beauty is big business.

Consumers' annual total global investment in appearance totals close to $200 billion, according to Rhode.

The complexity of “beauty bias” is apparent as the Boston office of the Equal Employment Opportunity Commission (EEOC) has weighed in on the beauty debate through its recent investigation. The EEOC launched an investigation into alleged discriminatory hiring practices at Marylou’s Coffee.

The East Coast coffee shop chain is known for hiring young, pretty female baristas, clad in the chain’s signature pink shirts and black shorts.

The coffee chain is not the only franchise challenged for its exclusive workforce that is based on looks. Hooters restau-

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rants require young, pretty women to wear sexually provocative uniforms.

In 2009, Nikolai Grushevski sued Hooters in Corpus Christi, TX, accusing the restaurant of discrimination for not hiring him as a food server in a filing that attempts to reopen an issue that was settled a little over a decade ago.

Grushevski’s suit acknowledges the earlier agreement, which established that the chain’s Hooter Girls would continue to be the restaurants’ only food servers and established other gender neutral jobs. He applied for a job, but challenges that the servers’ jobs should not be reserved for women only.

In 1997, Hooters paid seven Chicago men $2 million after they filed a similar lawsuit. As a result of the settlement, the position of kitchen help and bartender were deemed “gender neutral.”

An EEOC spokesperson who asked not to be identified as an attorney adviser in the Office of Communication and Legislative Affairs would not discuss the origination or status of the case.

“With respect to— “attractiveness”—discrimination, the laws the EEOC enforces prohibit discrimination on the basis of race, color, national origin, religion, sex …

While attractiveness per se is not covered, any vision of attractiveness that only included young, white, blonds; or light-skinned African-Americans with straightened hair; or men who do not have beards, even when the beards are a religious requirement, would run afoul of the laws we enforce.”

The Ugly TrUTh AboUT beAUTy

While few are surprised about discrimination cases in the workplace based on height and weight and gender, the need for laws of protection are underscored by areas of abuse in TOP TO BOTTOM: JEFF JONES OF LITTLER MENDELSON, DEBRA KATZ OF KATZ, MARSHALL & BANKS, AND JAMES MCDONALD OF FISHER & PHILLIPS MCCA.COM

gray areas. For example, an ordinance enacted a century ago in a few American cities banned public appearances by “unsightly” individuals.

The most commonly cited ugly law is that of the City of Chicago Ordinance, 1911. The Chicago Municipal Code, sec. 36034, included an ordinance that provided: “No person who is diseased, maimed, mutilated or in any way deformed so as to be an unsightly or disgusting object or improper person to be allowed in or on the public ways or other public places in this city, or shall therein or thereon expose himself to public view, under a penalty of not less than one dollar nor more than fifty dollars for each offense.”

Originally intended to prevent panhandling by street beggars with deformities, most ugly laws have been repealed and those still on the books are seldom used. However, a 3 a.m. birthday breakfast for Art Honeyman, who suffered from a severe case of cerebral palsy which left his speech unintelligible, turned ugly when the waitress refused service and threatened to call police unless the party left. Dr. Richard Pimentel, an advocate for the disabled, and Art, his friend, refused to leave and were arrested under the “Ugly Law.” Their arrest spurred the nascent movement.

The topic of appearance discrimination swings in two directions, but at the core there is a need to prohibit discrimination in all forms—whether it is because of being perceived as “too beautiful” or “unattractive” or on the basis of race, sex, ethnicity, religion, age, or disability.

“Appearance discrimination is deeply rooted and widely practiced, and there are obvious limits to how much the law can affect it,” says Rhode. “What has been true for other forms of discrimination and consumer fraud, and the last half-century leaves no doubt that legal prohibitions can help reduce, remedy, and raise awareness of injustice.” D&B MARCH/APRIL 2013

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. 2012 .

WHO MADE PARTNER?

TO THE ATTORNEYS JOINING THE PARTNERSHIP RANKS. DIVERSITY & THE BAR IS PLEASED TO RECOGNIZE THE FOLLOWING MINORITY U.S.-BASED ATTORNEYS WHOSE PROMOTION TO PARTNER WAS EFFECTIVE IN 2012. THEIR HARD WORK AND RESOLVE RESULTED IN THIS CAREER MILESTONE. PLEASE JOIN US IN CONGRATULATING THESE NEW PARTNERS AND THE FIRMS THAT EMPLOY THEM!

. 2012 .

WHO MADE PARTNER

ANDREWS KURTH LLP

COURINGTON, KIEFER & SOMMERS, LLC

Adrian Patterson

Valerie Theng Matherne

AVILA RODRIGUEZ HERNANDEZ MENA & FERRI LLP

COVINGTON & BURLING LLP

Martha R. Mora

Shaoyu Chen, Rukesh Korde, Simone E. Ross

BAKER BOTTS L.L.P. Lisa Kelly, Brian Lee, Shalla Prichard

DUANE MORRIS

BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC

ECKERT SEAMANS CHERIN & MELLOTT

Jocelyn Bramble

Erica Mason, Damany Ransom

BAKERHOSTETLER 40

Dennis P. Duffy*, Anjula Garg, Nancy Inesta, Sammi Malek, Timothy S. Pfeifer, David Proaño, Ana S. Salper*, Rachel M. Smith, Lawrence M. Sung

BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP E. Mark Young

FAEGRE BAKER DANIELS LLP Mariko Hernandez, Steven Reeves, Lica Tomizuka

FARELLA BRAUN + MARTEL Deepak Gupta

FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP Weiguo (Will) Chen

BLANK ROME LLP

FISH & RICHARDSON:

Michael A. Rodriguez

Cherylyn Mizzo

BOWMAN AND BROOKE LLP

FROST BROWN TODD LLC

Jenny A. Covington, Dimple Desai Shah

Lark T. Mallory*, Nilesh “Neal” S. Patel

BRICKER & ECKLER

GREENBERG TRAURIG

Scott W. Davis

BRYANT RABBINO LLP K. Rachelle Brice

Jennifer Choe Groves

Vicky B. McPherson*

HUNTON & WILLIAMS Anna Suh

HUSCH BLACKWELL Uyless M. Dewberry

INSLEY RACE Moses Kim

JACKSON WALKER L.L.P. Joel Heydenburk, Marilyn Montano, Joshua Romero, April Vasquez, Marlene C. Williams

KILPATRICK TOWNSEND & STOCKTON LLP Chaun Gao

KIRKLAND & ELLIS LLP Melinda C. Alankar, Michael Chu, Charles A. Fernandez, Savaria B. Harris, Ye (Cecilia) Hong, Lisa LeCointe-Cephas, Alejandro Melloan Ruiz, Henry A. Thompson II, Sarah Kao-Yen Tsou, Howard Suh, Sergio A. Urias, Nimalka Wickramasekera

LOEB & LOEB LLP Nerissa Coyle McGinn

MAYER BROWN LLP Ann Marie Duffy, Michael R. Emerson, Nina L. Flax

MCKENNA LONG & ALDRIDGE LLP Jennifer J. Lee

MILES & STOCKBRIDGE P.C. Nathanael D. Hartland, Michael L. Haslup, Patricia B. Jefferson, Amanda Neidert Kesler, Derek P. Roussillon, Deborah K. St. Lawrence Thompson

MINTZ LEVIN Dianne Bourque, Allan Caggiano, Narges Kakalia, Matthew Pavao, Linda Rockett, Peter Snell, Sara Wells

MURTHA CULLINA LLP Deirdre M. Robinson

O’MELVENY & MYERS LLP Junaid Chida*, Aparna Joshi*, Dev Sen*, Catalina Vergara

ORRICK, HERRINGTON & SUTCLIFFE LLP Khai LeQuang, Antony Kim, Warrington Parker, Christina Guerola Sarchio*

QUINN EMANUEL Justin Griffin

ROPES & GRAY LLP Leslie Spencer, Rocky Tsai

SEYFARTH SHAW LLP Nicholas Waddles

* Indicates lateral hire

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SIDLEY AUSTIN LLP: Danielle J. Carter, Joshua Hill*, Alexander P. Moon*, Sergio A. Pozzerle*

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

STEPTOE & JOHNSON LLP Brigida Benitez, Bizunesh Scott

STONE PIGMAN WALTHER WITTMANN L.L.C.

Alejandro Gonzalez Lazzeri, Emily M. Lam, Dwight S. Yoo

Lesli D. Harris

SNR DENTON

Vanessa Scott

John Fernandez*, Eddie Frastai*, Peter Thieman, Qian Huang

SUTHERLAND ASBILL & BRENNAN LLP TUCKER ELLIS LLP Sanford Watson

VINSON & ELKINS LLP

WILMERHALE

Timothy M. Johnston, Shay S. Kuperman

Bryan Cross, Joel Neckers, Kara Rosenthal, Dave Schaller, Jessica Scott

Christopher E. Babbitt, Sanket J. Bulsara, Joshua D. Fox, Joel S. Green, Jason L. Kropp, Gregory H. Lantier, Peter G. Neiman, Sarah Pfuhl, Nicole Rabner, Louis W. Tompros, Daniel S. Volchok

WILLENKEN WILSON LOH & DELGADO LLP

WINSTON & STRAWN LLP

Carlos A. Singer

Tomás Leonard, Riche T. McKnight, Jovial Wong

WHEELER TRIGG O’DONNELL

WILLKIE FARR & GALLAGHER LLP Shaunna D. Jones

Hot JOBS

Hot Jobs Email Blast -- MCCA is pleased to send out an email blast of Hot Job announcements to our network on the last Friday of every month. As an exclusive membership benefit, MCCA member companies, and MCCA FAN law firms, wishing to advertise their open positions to our diverse network may participate in MCCA’s Hot Jobs email blast. This service is provided in addition to the MCCA Job Bank, which allows users to post job announcements online to the MCCA website.

Members, who would like to submit a job announcement to be included in the MCCA Hot Jobs email blast, should email Connie Swindell-Harding, Regional Coordinator, Southeast Region, at connieharding@mcca.com to receive the requisite form. All forms must be submitted by 5:00 pm EST on the 20th of the month before the listings are to be sent.

Interested in becoming a Member of MCCA or a Firm Affiliate Network law firm?

Contact David Chu, Director of Membership, at davidchu@mcca.com or (202) 739-5906.

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2/5/2013 9:06:44 AM

ASSOCIATION FOCUS

BY DIANNE HAYES

FLORIDA LEGAL SERVICES

ADVOCATES FOR UNDERSERVED COMMUNITIES GIVING A VOICE TO THE LESS FORTUNATE IS THE TENET THAT THE FLORIDA LEGAL SERVICES, INC. WAS FOUNDED ON. Since its

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“We get to work for people who otherwise would have nothing,” says Spuhler, who has served as executive director since 1994 and is a longtime legal advocate for formation in 1973 by a prominent group of attorneys that the poor. “There is no question our endeavor is making included Janet Reno, who would become the first woman a difference. It’s something a lot of people don’t get to U.S. Attorney General, the nonprofit organization has feel. We feel it every day. From time to time we have provided grassroots advocacy for indigent Floridians. great victories.”

Florida Legal Services (FLS) was created to act as a Among the legal victories Spuhler cites is regaining the statewide hub to expand the availability of legal assistance right for the poor to file legal documents even if they can’t to Florida’s poor. According to FLS, there are more than afford to pay court fees.

3.7 million residents living below the poverty level. In “It was a very big one for us. The legislation took away response to the challenges the waiver of the indigent they faced, the FLS merged filing fee, which means poor the Florida Institutional people lost almost all access Legal Services into its to the legal system,” Spuhler program with a total staff says. “Low-income people had of 42 with 25 lawyers in to find $400 to get out of a offices in Ta l la ha ssee, violent marriage. For some it Miami, Gainesville, and was almost impossible.

Lake Worth, Texas.

“There was some provision FLS provides advofor payment plans, which cacy in areas that include usually was a nightmare. children’s legal services, It wasn’t a constitutional —KENT SPUHLER, migrant farmworker labor right to have access to the rights, legal support for court without incurring a EXECUTIVE DIRECTOR prisoners, youth in juvenile debt. People were turning detention institutions, to payday loans, which only affordable housing projects, domestic violence; as well made the situation worse. We were trying to find litigation as staffing a Medicaid and Medicare prescription drug options. We worked for several years to get it restored. It helpline. In addition, its pro bono attorney plan and the was lost in 2006 and we didn’t get it back until 2009.”

“One Campaign” works to expand pro bono legal assistance Serving as a statewide support center, Florida Legal in the state. The Community Justice Project based in its Services offers coordination, training, case consultation, Miami offices works in collaboration with grassroots comand technical assistance to all legal service providers in munity organizers in low-income areas.

Florida. It is also the coordinating organization for the first Under the leadership of executive director Kent Spuhler, comprehensive Florida Supreme Court Voluntary Pro Bono the organization has expanded over the last 20 years to Attorney Plan in the nation. include more legislative work at the state level, such as The organization offers a broad range of services includadvocating lawmakers to increase the minimum wage and ing fighting against wage theft for day laborers through the provide access to healthcare to the working poor.

Community Justice Project.

“WE GET TO WORK FOR PEOPLE WHO OTHERWISE WOULD HAVE NOTHING. THERE IS NO QUESTION OUR ENDEAVOR IS MAKING A DIFFERENCE.”

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CHARLES ELSESSER, ANNE SWERLICK, AND KENT SPUHLER

“Wage theft is rampant in Florida,” Spuhler says. “The most common experience is when the day laborer works all day, and then the employer says they didn’t make enough money off of the job so they will not get paid. We see other cases where they regularly shortchange the workers’ pay.

There is almost an underground operation of people taking advantage of people who are desperate to get some money.

“Alone it would be very difficult for someone to fight. We have collected over $500,000 in Miami Dade for workers.”

According to Florida Legal Services, the state has the third highest rate of uninsured people in the nation. The organization is working to help remedy the problem.

“We are doing work on legislation to try to get our Medicare program expanded,” says Anne Swerlick, FLS deputy director of advocacy. “For years our local legal aid office heard gut-wrenching stories about people not being able to have access to healthcare for their family. We are doing a lot of work this session to convince lawmakers that it makes a lot of sense on many levels.”

As a grassroots organization, FLS offers a large range of services that are critical to the community including MCCA.COM

help in domestic violence cases and Medicare helplines.

“We hear a broad scope of problems that low-income people have,” Swerlick says. “Being able to hear from them directly allows us to assess information about what we can provide that can really make a huge difference in their lives.”

Charles F. Elsesser Jr., senior litigation attorney in the Community Justice Project, has been on the front lines working from the Miami office with local groups, since 1996.

“We work to assist them in their efforts to change policy and enforce their rights,” Elsesser says. “We work with immigrant rights groups, public housing rights groups, mobile home residents, and homeowners in foreclosure, or tenants in housing that is being foreclosed.”

For Elsesser, connecting with and becoming an integral part of the community has been at the core of the organization’s success throughout the state.

“I always felt the way to secure meaningful change is by helping people join together to enact change,” says Elsesser, who has fought for poor communities for more than 40 years. “It’s only meaningful if it results in positive change in the lives of people and their ability to direct that change.

“It’s extremely rewarding. The way we work makes me feel closely in touch with the communities that we serve.

That’s the energy that drives you. If you get divorced from the people, you can get burned out. Their enthusiasm and brilliance at solving problems is the reason I continue to do this all these years.” D&B Dianne Hayes is a freelance editor and writer based in Maryland.

MARCH/APRIL 2013 DIVERSITY & THE BAR®

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DIVERSITY NEWS

BY BRIGIDA BENITEZ , SEAN GRIFFIN, AND BIZ SCOTT

THE TRUE COST OF MOONCAKES: CULTURAL GUIDANCE TO THE GOVERNMENT’S GUIDANCE AROUND THE WORLD, OFFERING SOME THING OF VALUE TO SECURE A BUSINESS ADVANTAGE IS OFTEN REGARDED AS “DOING BUSINESS” OR “THE WAY THINGS WORK.” For U.S. companies, this is called “a headache

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for our compliance officer,” because, broadly speaking, the Foreign Corrupt Practices Act (FCPA) prohibits offering foreign officials gifts to obtain or retain a business advantage. The FCPA thus requires companies operating overseas to walk a tightrope between what is proper from a legal perspective and what is deemed necessary from a business perspective. Recently, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) issued guidance to companies trying to harmonize these two concepts, but this guidance still requires companies to exercise informed prudence and sophisticated cultural sensitivity.

Generally speaking, the FCPA prohibits corruptly offering anything of value to a foreign official for the purpose of influencing the official to confer a business advantage. Since its 1977 enactment, many companies have complained that it fails to recognize the cultural mores of other countries and thus criminalizes behavior that their employees may engage in without any corrupt intent. For example, in Italy, people often give gifts of panettone, a sweet, inexpensive, but labor-intensive bread. Koreans exchange tteok, or rice cakes. In China, people celebrate the Mid-Autumn Festival through gifts of pastries called mooncakes. Such items of minimal value would obviously facilitate a business relationship with a foreign official—just as it would constitute an item “of value” that would raise FCPA issues.

FCPA compliance was and is complicated by a value that we hold dear—cultural diversity. Although best practices suggested that companies follow the FCPA to the letter, many companies operating abroad found U.S. law opaque and the rules impractical.

Consequently, companies and lawyers criticized the U.S. government for not recognizing the realities of doing business overseas.

In response, Congress amended the FCPA to add the “local law” affirmative defense in 1988. If a company can DIVERSITY & THE BAR® MARCH/APRIL 2013

prove that “the payment, gift or promise . . . was lawful under the written laws and regulations” of the foreign official’s country, the company generally can avoid FCPA liability.

At first blush, this would appear to offer some refuge for individuals who give culturally expected gifts. However, the requirement that the laws and regulations be “written laws” is a stumbling block for those who would like to excuse their payment on the ground that it complied with local customs that happened to be understood but not memorialized.

In November 2012, the DOJ and SEC issued a Resource Guide (“Guide”) on their FCPA interpretation and enforcement strategy that, among other things, tries to clarify what a company may or may not do in a foreign country as part of its business transactions. The Guide covers a wide array of topics, including clarification and explanation of how the U.S. government views the provision of gifts and meals that are often the hallmark of business relationships in cities and countries worldwide. Rather than changing government policy, the Guide consolidates in one document the authorities’ interpretation of the FCPA, as well as what they consider in their exercise of prosecutorial discretion.

The Guide acknowledges that modest gifts, meals, and the like given to foreign officials can be a legitimate part of conducting business, so long as there is no evidence of “corrupt intent.” From the Guide’s statements and hypotheticals, it appears that corrupt intent will be the determining factor as to whether hospitality is proper or improper, and notes that travel and entertainment expenses that “occurred in conjunction with other conduct reflecting systemic bribery or other clear indicia of corrupt intent” have been the subject of past enforcement actions. “Corrupt intent” is the touchstone, because the corrupt intent requirement, in the government’s view, “protects companies that engage in the ordinary and legitimate promotion of their businesses while targeting conduct that seeks to improperly induce officials into misusing their positions.”

This view of “corrupt intent” seems both optimistic and unhelpful, as it provides no guidance as to where a culturally expected exchange of gifts suddenly evidences a “corrupt MCCA.COM

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intent.” For example, one would think that giving mooncakes as part of China’s Mid-Autumn Festival seems innocent enough, but the head of a Hong Kong construction company went to prison when his gift of mooncakes was deemed a bribe. (The construction company head was sentenced under Hong Kong anti-bribery laws, not the FCPA, but the similarity between the two is enough to highlight the risk.) Similarly, Korean rice cakes appear harmless, but Diageo plc ended up paying the SEC more than $16 million to settle FCPA charges arising out of, among other things, its South Korean subsidiary spending over $64,000 on “rice cake payments” to South Korean military officers with liquor procurement responsibilities. Thus, gifts that arguably comply with a country’s cultural mores—and situations that do not obviously evince a “corrupt intent”—may still violate the FCPA. As an example, the Guide states a company’s executives may present “reasonable gifts” to foreign officials “as tokens of esteem or gratitude,” provided that such gifts are made openly and transparently, properly recorded in the company’s books and records, and—importantly—“given only where appropriate under local law, customary where given, and reasonable for the occasion.”

People often mistake the last requirement for a loophole.

Even after over 30 years of the FCPA, some people still operate under the mistaken premise that the prevalence of bribery in a country means that they can bribe officials without concern for the FCPA. In Japan, for example, public servants are gener-

items of nominal value would ever evidence corrupt intent.”

In addition, the Guide states that although corrupt intent will likely be evidenced by large, extravagant gifts, smaller gifts will not be viewed as corrupt, except when part of a pattern or practice evidencing a corrupt scheme to improperly influence officials. Thus, even though the Guide declines to offer a de minimis exception, a small or moderately priced gift is clearly less likely to draw unwanted inferences from the government than a more extravagant one.

This may seem obvious, but recent FCPA history is littered with settling companies and defendants who thought otherwise.

UTStarcom, Inc. spent nearly $7 million on trips for employees of Chinese state-owned companies to travel to popular U.S. tourist destinations. The Guide also remarks unfavorably on Lucent, which spent millions of dollars treating Chinese government officials to trips to Las Vegas, Disney World, the Grand Canyon, and other popular destinations.

To guard against joining this list, companies do well to engage in a rigorous, culturally sensitive compliance program.

Such a program should address local anti-bribery laws, with an eye toward the FCPA’s local law affirmative defense. A successful program will include the company’s third-party agents, and as such, should be conducted in the agents’ native language.

(The shareholder derivative settlement in the SciClone case made native-language training a requirement.) In this way, a company can effect FCPA compliance through cultural

CORRUPT INTENT WILL LIKELY BE EVIDENCED BY LARGE, EXTRAVAGANT GIFTS. SMALLER GIFTS WILL NOT BE VIEWED AS CORRUPT, EXCEPT WHEN PART OF A PATTERN TO INFLUENCE OFFICIALS. ally prohibited from receiving gifts, although local law cites specific examples of exceptions (e.g., wedding gifts are generally permitted, while farewell gifts are not).

The Guide suggests that the better course of action is to keep gifts moderately priced. As the Guide states: Items of nominal value, such as cab fare, reasonable meals and entertainment expenses, or company promotional items, are unlikely to improperly influence an official, and, as a result, are not items that have resulted in enforcement action by DOJ or SEC. The larger or more extravagant the gift, however, the more likely it was given with an improper purpose. DOJ and SEC enforcement cases thus have involved single instances of large, extravagant gift-giving (such as sports cars, fur coats, and other luxury items) as well as widespread gifts of smaller items as part of a pattern of bribes.

Although the Guide does not offer a convenient bright line rule for when gifts and meals are permissible, it does admit that “it is difficult to envision any scenario in which the provision of cups of coffee, taxi fare, or company promotion DIVERSITY & THE BAR® MARCH/APRIL 2013

sensitivity. Finally, the compliance program should emphasize the importance of keeping thorough and accurate records of any gifts or other payments to foreign governments or officials.

The Guide reiterates the importance of internal controls over financial reporting, which should include a tone of integrity and ethics, risk assessments, and policies and procedures.

Compliance with both the FCPA and a country’s cultural gift-giving expectations requires both legal and cultural sophistication. Local custom alone will not insulate a company from a FCPA charge, and there are no bright line rules to distinguish a moderate illegal payment from a corrupt offer. Only through a compliance program that combines cultural awareness with a thorough understanding of the FCPA can a company satisfy its legal obligations while accomplishing its business objectives. D&B Brigida Benitez, Sean Griffin, and Biz Scott are attorneys at Steptoe & Johnson LLP. MCCA.COM

Law Firm Affiliates The Minority Corporate Counsel Association (MCCA) acknowledges the decision of the following law firms who have joined MCCA’s Firm Affiliate Network (FAN) to advance the goal of furthering diversity in the legal profession.

Alexander & Associates Archer & Greiner, P.C. Arnold Sai LLP ** Arrastia & Capote LLP ** Axiom Law Baldassare & Mara, LLC ** Benesch, Friedlander, Coplan & Aronoff LLP Beveridge & Diamond P.C. Bressler, Amery & Ross, P.C. Bricker & Eckler LLP Brinks Hofer Gilson & Lione Brown Law Group ** Buchanan, Ingersoll & Rooney, PC Butler, Snow , O’Mara, Stevens & Cannada, PLLC Cavitch, Familo & Durkin Clifford Chance U.S., LLP Cooley LLP Courington Kiefer & Sommers, LLC Cozen O’Connor Crumbie Law Group ** Davis & Gilbert, LLP DeMahy Labrador Drake Victor Payne & Cabeza, PA ** Dickstein Shapiro LLP Duane Morris LLP Epstein, Becker & Green, PC Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Fish & Richardson P.C. Fitzpatrick, Cella, Harper & Scinto Gaffney Lewis & Edwards, LLC ** Goldberg Segalla LLP

Goldstein Environmental Law Firm, P.A. Gonzalez Saggio & Harlan LLP ** Hamilton, Miller & Birthisel, LLP ** Helms & Green, LLC Hinckley, Allen & Snyder LLP Ice Miller, LLP Igbanugo Partners International Law Firm ** Jeffrey Samel & Partners ** Kaufman Dolowich Voluck & Gonzo LLP Kenyon & Kenyon, LLP Kilpatrick Townsend & Stockton LLP King Branson, LLC Kirkland & Ellis LLP Kumar, Prabhu, Patel & Banerjee, LLC ** Lathrop & Gage, LLP Leader & Berkon LLP Lim, Ruger & Kim, LLP ** Littler Mendelson P.C. Loeb & Loeb LLP Martin & Martin, LLP ** Maynard, Cooper & Gale, P.C. McGuireWoods, LLP Messner & Reeves, LLC Miles & Stockbridge P.C. Miller Law Group ** Montgomery, Barnett, Brown, Read, Hammond & Mintz, LLP Morgan, Lewis & Bockius, LLP Nemeth Burwell, P.C. ** Nicolson Law Group LLC ** Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Pepper Hamilton, LLP Peter Law Group ** Phelps Dunbar LLP Pinckney, Harris & Weidinger ** Porzio, Bromberg & Newman, PC Quarles & Brady LLP Quintairos, Prieto, Wood & Boyer, P.A. ** Rivero Mestre, LLP ** Rooney Rippie & Ratnaswamy, LLP Sanchez & Amador, LLP ** Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & Machado LLP ** Saul Ewing LLP Schwartz Hannum PC ** Shella, Harris, and Aus, P.C. ** Sher Garner Cahill Richter Klein & Hilbert, LLC Snell & Wilmer LLP Steptoe & Johnson, LLP Steptoe & Johnson PLLC Stevens & Lee Stradling Yocca Carlson & Rauth, P.C. Sughrue Mion, PLLC Sutherland Asbill & Brennan LLP Thompson Hine, LLP Troutman Sanders, LLP Vinson & Elkins LLP Waas Campbell Rivera Johnson & Velasquez LLP Winston & Strawn, LLP Womble Carlyle Sandridge & Rice, LLP Wong Fleming, P.C. ** Zuber Lawler & Del Duca LLP ** ** Minority or Women Owned Law Firm

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

IN CLOSING...

Q

Why were you chosen to lead Toyota’s defense in this case?

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Cari Dawson serves as lead counsel for the economic loss class actions in one of the largest automobile product liability MDLs in the country, In re Toyota Motor Corp.

Unintended Acceleration, Marketing, Sales Practices, and Products Liability Litigation. Diversity & the Bar spoke to her about her experience.

DIVERSITY & THE BAR® MARCH/APRIL 2013

I believe I was chosen because of my expertise in litigating class actions, passion for developing creative legal strategies, ability to assemble and manage a multi-disciplinary team of talented attorneys, and my tenacity and strong work ethic.

I would not have had the opportunity to be chosen

by Toyota if I had not participated in the National Bar Association’s Corporate Leadership Forum at the 2009 Annual Convention in San Diego, California. I was invited to do a presentation on class actions for participants attending the NBA’s Corporate Leadership Forum. Chris Reynolds, general counsel of Toyota, was one of those participants. I spoke with him about doing an in-house CLE for his legal department on class action issues relevant to Toyota and the automobile industry generally. Shortly thereafter, Toyota was hit with three class actions in two different states seeking economic damages for alleged defects in the electronic throttle control system in its vehicles and was interviewing outside counsel to serve as defense counsel for those cases. At Chris’s invitation, I assembled a team, and we participated in that selection process. We made our presentation to members of Toyota’s legal department and provided materials outlining our specific litigation strategies. We were ultimately selected by Toyota as its lead counsel for those economic loss class actions.

With the full support of Alston & Bird, I have been able to actively participate in conferences, programs, meetings, and events organized by the MCCA, NBA, and many other terrific organizations. Through relationships developed within those organizations, I have been given opportunities for legal work. Toyota is the most high-profile and largest opportunity to date, thanks, largely in part, to the NBA’s Corporate Leadership Forum.

MCCA.COM

Two significant victories for Toyota during the MDL were the dismissal of the majority of New York and Florida claims and the defeat of Plaintiffs’ Motion for Application of California law to the class actions. Why are these rulings important for manufacturers?

The majority of jurisdictions, including New York and Florida, have ruled that plaintiffs have no legally recognizable claims when the alleged defect has not manifested itself in the product they own. It was this majority rule which resulted in the MDL Court granting, in large part, Toyota’s motion to dismiss under New York and Florida Law. This ruling is useful to manufacturers facing “no injury” class action claims because it limits the number of putative class members who can seek recovery.

The Court’s denial of application of California law was significant because it foreclosed the possibility of certification of a single nationwide class under California law in the MDL and limited the scope of Toyota’s liability by precluding non-Californians from pursuing their claims under the more permissive laws of California.

While defense lawyers will argue that even under California law, a plaintiff ’s product must have either manifested the defect or the product is substantially certain to malfunction during the useful life of the product, plaintiff ’s counsel will point to select cases indicating that owners of a product can recover economic damages even if the product functions properly and does not manifest the alleged defect.

You’ve said that your team was very diverse.

How did that diversity help you in this case?

Team members were affiliated with multiple practice groups in eight different offices, spanned three different generations, and were approximately 60 percent women and 30 percent minorities. With a core team of over 90 individuals, each with his and her own unique experiences, perspectives, skills, and talents, we were able to handle myriad issues and draw upon those talents to assist us in the litigation and in our relationships with our

MCCA.COM

“A MATTER OF THIS SCALE... REQUIRES A TEAM DEDICATED TO EACH OTHER... THE DIVERSITY WITHIN OUR TEAM CONTRIBUTES TO OUR COHESIVENESS...

AND OUR ABILITY TO WORK HARD.”—CARI DAWSON client and Toyota outside counsel in related matters.

There are the very practical skills and talents of a diverse team, such as having a team member who is Japanese-born, speaks, reads, and writes Japanese, and helps team members to understand Japanese culture; to software engineer team members who assist with technical and engineering issues; to intellectual property team members who routinely draft source code protective orders; to former CPA and economics major team members who can analyze vehicle pricing data and econometric models. Simply put, all of our unique, individual differences made us stronger as a team.

Further, a matter of this scale, complexity, and magnitude requires a team that is not only committed to the engagement, but also dedicated to each other, supportive of one another and invested in each other. While it may seem counterintuitive, I believe the diversity within the team contributes to our cohesiveness, collegiality, and our ability to work hard and play hard together.

And, there are the equally, if not more important, diverse “people” skills and personalities of our team members, which contributed to our team’s positive relationships with the client and other outside counsel, all of whom have different personalities and working styles. The end result is greater coordination and collaboration, which ultimately result in a higher quality work product for Toyota. D&B

MARCH/APRIL 2013 DIVERSITY & THE BAR®

49

MOVERS & SHAKERS

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COMPILED BY JOSHUA H. SHIELDS

RICHARDO ANZALDUA

KAREN ROBERTS

LINDA MADRID

PAULA J. PHILLIPS

General Counsel MetLife

Executive Vice President & General Counsel Walmart Stores, Inc.

Managing Director DHR International

Partner Infante Zumpano

Ricardo Anzaldua joined the company as general counsel. He will report to Chairman, President, and Chief Executive Officer Steven A. Kandarian and become a member of MetLife’s executive group.

He will lead the company’s global legal operations, and oversee MetLife’s government relations and public policy department, corporate secretary’s office, and corporate ethics and compliance group. He joins MetLife from The Hartford Financial Services Group where he was associate general counsel and senior vice president. At The Hartford, he provided counsel on commercial and consumer markets and served as legal advisor for the company’s group benefits business.

Anzaldua earned his bachelor’s degree from Brown University and his law degree from Harvard Law School.

Karen Roberts was promoted to executive vice president and general counsel. The 17-year company veteran will manage the legal department, which is responsible for handling all legal matters affecting the company in its domestic and international markets.

Roberts was previously Walmart’s executive vice president and president Walmart Realty for Walmart U.S., where she was responsible for Walmart’s real estate operations and a portfolio of close to 1 billion square feet. She was also senior vice president and chief compliance officer for Walmart U.S., where she oversaw the establishment of best in class food safety.

Roberts joined Walmart in 1995. She obtained her bachelor of science from Harding University and her J.D. from the University of Arkansas.

Linda Madrid is the managing director of DHR International’s Washington, D.C. office and global leader of the firm’s legal and compliance practice. Leveraging more than 25 years of professional experience as a business lawyer, corporate executive, and executive search consultant, Madrid brings a proven track record of success to DHR International. Her portfolio includes searches for CEOs, general counsel, chief compliance and ethics officers, risk executives, corporate secretaries, and others.

Before DHR, she was a senior client partner in Korn Ferry International’s Legal Center of Expertise. Madrid received her J.D. from Georgetown University Law Center, where she served as editor of the Georgetown Law Journal and her bachelor’s degree in political science, summa cum laude, from Arizona State University.

Paula J. Phillips is a partner and chair of the firm’s insurance defense group. She has 15 years of experience representing clients in a wide range of civil matters, including complex commercial subrogation litigation, catastrophic product liability, first- and third-party insurance coverage and defense, construction litigation, legal malpractice, premises liability, aviation law, civil rights, and personal injury.

With substantial experience in jury and non-jury trial litigation, Phillips is also skilled at alternative dispute resolution. Phillips graduated from the University of Miami School of Law, cum laude, in 1997. Before moving to Florida, Phillips received her undergraduate degree in speech/drama communications and theatre dance from Cameron University in her native state of Oklahoma.

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® MARCH/APRIL 2013

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