2019 Spring - Diversity & The Bar Magazine

LGBTQ+ acceptance in the workplace has been advancing. But how can we ensure this stays on track?

Culture Change Case Study | Walking Two Worlds | Women in ADR

CONTENTS

SPRING 2019

FEATURES

STAPLES

16 CULTURE CHANGE

05 | NOTES FROM THE CEO

MCCA and Paul Hastings are working together on a case study of how culture change works in D&I for legal departments and their organizations. We profile an exclusive extract on the specific role of leadership and strategy in culture change. By Catherine McGregor

07 | LETTER FROM THE EDITOR

28 CRAIG B. GLIDDEN PROFILE Executive Vice President, General Counsel of General Motors Craig B. Glidden talks to Catherine McGregor on his work as an ally to advancing diversity in the law profession.

09 | ADR MOSAIC

Theo Cheng on how confidentiality contributes to the lack of diversity in the ADR selection process

25 | INTERNATIONAL FOCUS

Rhiannon McGregor takes a close look at the ways Canada is promoting greater inclusion of its Indigenous attorneys

49 | PAYING IT FORWARD

Anne Lee Benedict of Summit Materials reflects on what she has learned on her professional journey

38 OUT AND PROUD

CONTRIBUTE TO D&B

For the LGBTQ+ community, what does it actually mean to be ‘out’ at work? Out Leadership gives top tips and law firms Greenberg Traurig and Hogan Lovells talk best practice for creating truly inclusive workplaces. By Catherine McGregor and Jodi Bartle

ALSO

Be featured in the premier magazine for diversity and inclusion! To discuss getting involved in any of these initiatives, please email Editor in Chief, Catherine McGregor at catherine. mcgregor@mcca.com

COMMUNITY VIEWPOINTS

13 | STREET LAW

Catherine McGregor talks to Lee Arbetman, on how to getting disadvantaged students into the legal sector pipeline

32 | D&I LEADERSHIP IN DISPUTE RES-

35 | NEVER MIND LEAN IN, WE NEED

OLUTION PRACTICE CAREER PATHS

BUY IN!

Judge Bonina on her career path and more

ing out diverse lawyers to staff matters?

Stephanie Ball speaks with the Honorable

How proactive are clients in actively seek-

MCCA BOARD OF DIRECTORS STUART ALDEROTY RIPPLE & MCCA CHAIR General Counsel

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JEAN LEE MCCA President & CEO RICARDO ANZALDUA FREDDIE MAC Executive Vice President, General Counsel and Corporate Secretary

DUANE HOLLOWAY UNITED STATES STEEL CORPORATION Senior Vice President, General Counsel, Chief Ethics & Compliance Officer and Corporate Secretary SANDRA LEUNG BRISTOL-MYERS SQUIBB Executive Vice President & General Counsel

DAMIEN ATKINS THE HERSHEY COMPANY Senior Vice President, General Counsel & Secretary

LINDA LU NATIONWIDE Senior Vice President, Property & Casualty Legal Personal Lines

A.B. CRUZ, III Former Senior Vice President, Enterprise Shared Services, Chief Legal Office, USAA

SUZAN A. MILLER Former Corporate Vice President, Deputy General Counsel & Corporate Secretary, Intel Corporation

CRAIG B. GLIDDEN GENERAL MOTORS COMPANY Executive Vice President & General Counsel

SAMUEL M. REEVES WALMART, INC. Senior Vice President & General Counsel Walmart International Legal

KIRKLAND L. HICKS Former Executive Vice President & General Counsel, Lincoln Financial Group

LANESHA MINNIX FLOWSERVE Senior Vice President, Chief Legal Officer & Corporate Secretary

ROBIN H. SANGSTON COX COMMUNICATIONS, INC. Vice President & Chief Compliance & Privacy Officer DAWN SMITH COLOGIX President, Chief Operating Officer RICHARD J. WALLIS Former Vice President & Deputy General Counsel, Microsoft Corporation NEIL H. WILCOX USAA Senior Vice President, General Counsel, Enterprise Shared Services SIMONE WU CHOICE HOTELS INTERNATIONAL Senior Vice President, General Counsel, Corporate Secretary & External Affairs

D&B MAGAZINE PUBLICATION STAFF

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EDITOR-IN CHIEF Catherine McGregor

DESIGN/ART DIRECTION Elfatrany Design

PRESIDENT, MCCA ADVISORY PRACTICE Sophia M. Piliouras

CONTRIBUTING EDITOR Jodi Bartle

MCCA® STAFF

Sophia M. Piliouras Sherla Allen Lauren Hossfeld Kevin Wong Tieara Jones

GENERAL INFORMATION ADVERTISING For advertising inquiries, contact Catherine McGregor, catherine.mcgregor@mcca.com

MCCA MEMBERSHIP Please visit https://www.mcca.com/membership/ for details or email membership@mcca.com

PERMISSIONS AND REPRINTS Reproduction of Diversity & the Bar in whole or part without permission is prohibited. To obtain permission, visit https://www.mcca.com/db-magazine/reprint-request/ COPYRIGHT

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Copyright® 2018 by the Minority Corporate Counsel Association, Diversity & the Bar is published four times a year and is distributed to supporters and subscribers, 1111 Pennsylvania Avenue, NW, Washington, DC 20004. The information contained in this publication has been provided to the Minority Corporate Counsel Association (MCCA®) by a variety of independent sources. While MCCA makes every effort to present accurate and reliable information, MCCA does not endorse, approve or certify such information, nor does MCCA guarantee the accuracy, completeness, efficacy or chronological sequence of any such information. Use of such information on the readers’ part is entirely voluntary, and reliance upon it should be undertaken only upon independent review and due diligence. References 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 consequence 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.

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NOTES

FROM THE CEO

ELCOME TO 2019 AND WHAT HAS ALREADY BEEN A REMARKABLE YEAR THUS FAR FOR MCCA! WE STARTED THE YEAR WITH A CELEBRATION OF African American/Black leaders who have been positive catalysts for change during this year’s Black History Month. We continued our celebration of leaders during Women’s History Month by recognizing the important role women have played in American history and how women continue to change the shape of the legal profession. These celebrations show that meaningful and lasting change will happen when we move beyond the surface, push each other to have uncomfortable discussions about race and gender disparities, and support one another by standing together for what is just and equitable. We learn that when we stand together, we can advance together. We saw this play out in the world around us as committed leaders demanded change in corporate America. Many wrote open letters calling for more action to improve diversity and others asking for accountability. MCCA members, GM and AbbVie, spent thousands of hours, reviewing their outside counsel strategy to ensure they were only working with those who shared their values. They implemented a strategy and created accountability. MCCA will continue to measure our profession with our Inclusive Leadership program and the Inclusion Index survey in partnership with Microsoft and Russell Reynolds Associates. The program and survey were created to help organizations assess company leadership, practices and culture to create a baseline metric of inclusion and use real data to measure progress. Earlier this year the MCCA board showed their commitment and undertook the Inclusive Leadership program and shared their best practices and challenges in developing an inclusive workplace. We also co-hosted the Cleveland Inclusion Summit with Eaton Corporation to a full house. Many thanks to the Eaton legal team. It all comes down to lasting change - true culture change. Whilst the needle has moved exponentially, our cover feature explores the challenges that still remain for LGBTQ+ lawyers. New frontiers present themselves D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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Pitch Session Network Pitch Session Network (PSN) was developed to address the lack of diversity at the equity partner-level in majority owned law firms. PSN allows in-house counsel to connect with diverse law firm partners, diversify their preferred provider portfolios and hold law firms accountable for their diversity efforts. Member law firms will have the ability to meet privately with in-house counsel to pitch the legal services they offer and develop meaningful connections with potential clients.

Diversity Career Expo MCCA’s Diversity Career Expo is an opportunity where prospective corporate employers can connect with diverse talent from all over the country while promoting their legal department as an employer of choice. It is also a fantastic opportunity for prospective candidates to learn about the different corporations, conduct informational interviews and change their career trajectory.

Amazon Interview Blitz Curious about working at Amazon? Amazon has once again partnered with MCCA and will be conducting confidential interviews with qualified candidates at MCCA’s 2019 Diversity Career Expo.

To register and learn more about the programs offered at the Creating Pathways to Diversity Conference, visit: mcca.com/pathways.

such as transgender rights and acceptance of non-binary identities. For those of us interested in change for the better, we cannot be complacent. This article and our proďŹ le of our board member, Craig Glidden of GM, also shows the fundamental importance of allies for all identity groups in helping make that lasting change. Again, it’s working together that is key. I thank all our members and supporters for their continuing efforts in working with us. Sincerely,

Jean Lee President & CEO

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NOTES

FROM THE EDITOR

ULTURAL CHANGE TO CREATE MORE INCLUSIVITY IS A LONG PROCESS. INDEED, ANY TYPE OF CULTURE CHANGE IS AN ONGOING JOURNEY. That’s why, as our cover feature shows, we cannot be complacent about gains as these can be reversed. Yes, we have made many advances since Stonewall in 1969 but actions such as the reversal of Title IX rights for transgender students shows that vigilance is necessary. In our cover feature we examine the challenges LGBTQ+ lawyers still face but also detail examples of best practices for LGBTQ+ inclusivity in the profession. What’s fundamental to any long-term culture change is a strategic focus and the buy-in of leadership. We have an exclusive extract from our new special report series in association with strategic sponsor, Paul Hastings, on culture change, inclusion and diversity. We examine the importance of leadership and strategy on the journey of the US legal team of Boehringer Ingelheim to create a more inclusive culture. One of the themes in the Boehringer Ingelheim piece is the importance of a series of female General Counsel in helping put the strategic case for inclusivity firmly on the map. But it’s not just women or diverse leaders who need to be part of the change. The key to change is inclusive leadership by the majority of those in the leadership role: white, heterosexual, men. To that end the role of the ally is fundamental in driving change as campaigns such as the UN’s HeForShe has highlighted in recent years. As always keep in touch and let us know if you have ideas for articles or would like to write for us. Sincerly,

Catherine McGregor Editor in Chief 8

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D&B/TALK

THE ADR MOSAIC

How Confidentiality Contributes to the Lack of Diversity in the Selection Process by Theodore K. Cheng

ONE OF THE MOST ATTRACTIVE FEATURES OF AN ALTERNATIVE DISPUTE RESOLUTION PROCESS IS THE ABILITY OF THE PARTIES TO MAINTAIN THE CONFIDENTIALITY OF THE PROCEEDINGS. THIS REVERED FEATURE IS OFTEN CITED AS ONE OF THE ADVANTAGES OF ADR OVER CONVENTIONAL COURT LITIGATION. But that confidentiality has recently come under scrutiny, particularly in the case of arbitrating consumer and employment disputes, including those containing allegations of sexual harassment or other related misconduct. Moreover, it is this very aspect of ADR that may be contributing to the lack of diversity in the selection of arbitrators and mediators. One might expect that, if an arbitration or mediation is commenced with a recognized and reputable administering entity such as the American Arbitration Association (AAA), the CPR Institute, JAMS, or Resolute Systems, the rules and procedures of those organizations would maintain the privacy of the proceedings. Certainly, those rules and procedures impose obligations on the entity’s staff and the neutral to protect the confidentiality of the information disclosed during the proceedings. Moreover, the Commercial Code of Ethics for Arbitrators in Commercial Disputes explicitly sets forth an arbitrator’s obligations to maintain the confidentiality of the proceedings. Similarly, the Model Standards of Conduct for Mediators mandates that “[a] mediator shall maintain the confidentiality of all information obtained by the mediator in mediation, unless otherwise agreed to by the parties or required by applicable law.” However, the parties and their counsel are not similarly bound by the foregoing obligations.

The parties always have a right to disclose the details of the proceeding, unless they enter into a separate confidentiality agreement or unless there is an applicable law or rule to the contrary. Arbitration has been described as a “creature of contract,” and, in that regard, the parties to an arbitration clause are free to customize their dispute resolution process with a great degree of flexibility – far more than is available if the dispute were governed solely by court rules and procedures. Thus, if maintaining confidentiality is a concern, the parties may agree to preserve the privacy of any future dispute resolution proceedings by agreement. Similarly, a mediation proceeding may also be governed by a contract between the parties, the agreement with the mediator, the rules and procedures of the mediation program, and/or the applicable law, all of which, more often than not, mandate the confidentiality of the mediation proceedings. Notably, absent such an agreement or governing rule or law, as is the case in conventional court litigation, the parties would theoretically be free to engage in any disclosure of the proceedings, ranging from publicly speaking about the case to the media to actually revealing information or documents obtained during the proceeding itself. Moreover, unless there is a separately applicable agreement in place between the witnesses and the D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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parties to the proceeding (e.g., a non-disclosure agreement, a cooperation agreement, etc.), witnesses (and, in particular, third-party witnesses) are neither named parties to the proceeding nor are they signatories or otherwise bound by any of the agreements encompassing the proceeding. Thus, as a general matter, they have no obligation to maintain the privacy of any of the procedural or substantive information to which they are exposed or about which they learn as a result of their participation in the proceedings. Accordingly, it is little wonder that, much like in conventional court litigation, parties to arbitration proceedings have increasingly sought to enter into stipulated protective orders governing the confidential10

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ity of the proceedings and/or the designation and use of materials produced by parties (and third-parties) to which access may be circumscribed. As in court litigation, these stipulations are presented to the ultimate adjudicator for approval, or, alternatively, the parties may engage in motion practice before the arbitrator or panel on that issue. Parties to a mediation proceeding also often engage the mediator’s assistance in crafting an appropriate confidentiality agreement that protects the privacy of the information exchanged or disclosed during the mediation proceedings. One of the unintended consequences of this focus on confidentiality has been the lack of access to the details of ADR proceedings to help

fill the “information gap” that exists for neutrals who are women and people of color, regardless of whether they are new to the field or seasoned practitioners. While established, well-known neutrals have their robust reputations and profiles on which to rely, and former judges can point to prior decisions that are usually found through searches in publicly available databases, the work and any work-product attributable to other, less well-known practitioners is largely shielded from the due diligence undertaken (if any) by those who select neutrals, thereby depriving them of additional data points in that

neutrals and (2) interviewing potential neutrals. Particularly because ex parte contact and communications with mediators are generally permissible (unlike the case with an adjudicator like a judge or an arbitrator), it is surprising that these methods are not used more often. Moreover, interviews of prospective arbitrators conducted jointly by the parties and/or their counsel would sidestep the ex parte communication prohibition. In short, the confidential nature of ADR proceedings makes them less subject to scrutiny. By contrast, take a look at the Federal Judiciary

THE CONFIDENTIAL NATURE OF ADR PROCEEDINGS MAKES THEM

LESS SUBJECT TO SCRUTINY. BY CONTRAST, TAKE A LOOK AT THE

FEDERAL JUDICIARY WHERE THERE HAS BEEN PUBLIC AND POLITICAL DEMAND FOR DIVERSITY AND INCLUSION. AS THE STATISTICS

MAINTAINED BY THE MCCA POIGNANTLY ILLUSTRATE, PRESIDENT OBAMA, FOR EXAMPLE, APPOINTED MORE WOMEN AND MINORITIES IN TOTAL TO THE FEDERAL BENCH THAN ANY OTHER PRESIDENT BEFORE HIM. due diligence process. As currently practiced by those in a position to choose the neutral, the selection process is largely based upon individual profile and reputation. Attorneys and parties typically use a combination of informal and formal due diligence methods, including soliciting feedback from colleagues (e.g., word of mouth, underground information, e-mails sent around law firms, etc.); soliciting feedback from other neutrals; conducting social media research (e.g., LinkedIn, Twitter, Facebook, etc.); and consulting other publicly available information (e.g., generally researching the internet, conducting Westlaw/LEXIS searches, retrieving publicly available awards, etc.). Two other methods worth noting are (1) sending out questionnaires or e-mail queries to potential

where there has been public and political demand for diversity and inclusion. As the statistics maintained by the MCCA poignantly illustrate, President Obama, for example, appointed more women and minorities in total to the federal bench than any other president before him. Specifically, he appointed more Asian Americans to the bench than the combined total of all 43 prior administrations. He also appointed 136 women, while a grand total of 294 had been appointed by all presidents before him. In sum, President Obama more than doubled Asian Americans on the bench and was responsible for just under 50% of all female appointments. At the same time, although women make up in excess of 30% of the federal bench, in arbitration matters D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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over $1 million dollars, less than 20% of selected neutrals are women. And women only make up 10-15% of the arbitrators on international disputes. Thankfully, there are initiatives currently in place and under development to help fill the “information gap.” For example, the International Mediation Institute (imimediation.org) maintains feedback evaluations on mediators it certifies that are available to the public on its website; Arbitrator Intelligence (arbitratorintelligence.org) is a non-profit organization founded at Penn State Law that is helping to develop resources to promote transparency, accountability, and diversity in the arbitrator selection process; Dispute Resolution Data (disputeresolutiondata.com) is an online data subscription service providing access to closed international arbitration and mediation process information; and the GAR Arbitrator Research Tool (globalarbitrationreview.com/arbitrator-research-tool) is a database of information on arbitrators maintained by Global Arbitration Review. More can and should be done. With respect to arbitrations, administering entities can also work with parties to try and release as much of an issued award as possible, with appropriate redactions as necessary. For example, for the most part, FINRA arbitration awards are publicly available in a searchable database maintained by FINRA. The AAA also makes all employment arbitration awards publicly available, redacting the names of the parties and witnesses unless a party expressly agrees to have its name made public in the award. Many state employment/ labor relations agencies also make arbitration awards involving public employment disputes publicly available. Finally, under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the parties may agree to publish the award (or other material in the case) on ICSID’s website. When an award is not made 12

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public by the parties, the Centre will publish excerpts of the award’s legal reasoning. Greater movement towards consensual releasing of more awards would provide additional, helpful information to those who are engaged in the neutral selection process. Of course, any bargained-for or law/rule-imposed confidentiality may, in fact, turn out to be fleeting if, after the issuance of an award or the consummation of a settlement agreement, one or both parties seek confirmation/vacatur of the award or enforcement of the agreement in court. In those circumstances, the contents of the pleadings, which would undoubtedly attach the award or settlement agreement itself, as well as any information derived from the underlying proceeding, would generally be publicly disclosed. Courts have long espoused the presumption that judicial documents should generally be accessible to the public, typically weighing such access against any privacy interests that are at stake. There are likely other work-around solutions that can help ameliorate the unintended consequence of furthering the “information gap” with respect to neutrals who are women and people of color, while also upholding one of the core principles of private dispute resolution, namely, confidentiality. We should all strive to think creatively about such solutions in an effort to improve the lack of diversity with respect to the selection of neutrals. THEO CHENG

TCHENG@THEOCHENG.COM Theo Cheng is an independent, full-time arbitrator and mediator and serves on the rosters of the American Arbitration Association, the CPR Institute, FINRA, Resolute Systems, and several federal and state courts, focusing on commercial/business, intellectual property, technology, entertainment, and labor/employment disputes. He has over 20 years of experiencing handling intellectual property and commercial litigation matters.

D&B/TALK

COMMUNITY VIEWPOINT Street Law By Catherine McGregor

THE

STREET

LAW

PROGRAM

PROVIDES

EDUCATION

ABOUT THE

LEGAL

SYSTEM AND HELPS GUIDE STUDENTS FROM DISADVANTAGED BACKGROUNDS

INTO CONSIDERING A CAREER AS A LAWYER OR ANOTHER LAW-RELATED

JOB. IN THIS SENSE, STREET LAW CAN BE THOUGHT OF AS A LEGAL DIVERSITY PIPELINE PROGRAM.

Recent research supported by the Association of American Law Schools (AALS) and several other organizations looked at how people decide about pursuing law as a career (entitled “Before the J.D.”, the report is available from AALS www.aals. org). The research found – to the surprise of the researchers – that most young people make their decision to pursue a legal career before they enter college, although many existing pipeline programs target college students. These findings tend to validate Street Law’s approach which is to target high school students, and many of the Street Law programs are actually delivered by law students who also serve as powerful, positive role models for their high school students. We spoke to Street Law’s executive director, Lee Arbetman, about the program’s history and its future. Diversity & the Bar: Street Law began as a pilot program in 1971 at Georgetown Law Center in Washington, DC. In that program, upper division law students taught practical aspects of criminal law, juvenile justice, consumer law, housing law, and individual rights and liberties to Washington, DC public high school students. That’s still the core of much of your programming. Can you explain why this is so fundamental? Lee Arbetman: The law school-based Street Law program began at Georgetown more than 40 years ago and has expanded throughout the U.S. as well

as around the world. More than one third of U.S. law schools offer some version of the Street Law program, and more than 100 law schools outside the U.S. offer a public legal education program based on Georgetown’s Street Law model. By the late 1970’s, an organization separate from Georgetown’s Street Law program was launched to promote teaching about law and advancing justice for all. While Georgetown Law Center has its own highly regarded Street Law program, Street Law, Inc. is the global NGO born out of the initial law school experience. The law school-based programs are a fundamental strategy for advancing Street Law, Inc.’s mission – “Teaching About Law. Advancing Justice for All.” One reason for the popularity of the law school-based Street Law programs is that they serve multiple constituencies. Law schools benefit by reaching out to their communities and serving as a useful educational resource. They are also making early contact with future students – in many cases diverse students who law schools are particularly interested in attracting. Law students benefit because teaching law is one of the best – if not the best – ways to learn about the law. Preparing to teach and teaching involves mastering legal content, developing the skill of communicating law to non-lawyers, and collaborating with other professionals including law school colleagues and high school teachers. This D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 8 | W W W. M C C A . C O M D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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activity also begins to instill in law students a commitment to pro bono service. Many law students go on to leadership positions in their own communities where their deep Street Law experience in an urban school – likely different than a high school they may have attended – can cement their focus on social justice. Street Law’s “secret sauce” is not just the practical legal content but the innovative, student-centered, interactive pedagogy used to teach the lessons. High school students learn useful information, but they learn it while developing the skills to use that information in a positive way. Looking in on a Street Law class, an observer would see students engaged in mock trial and moot court activities, group work to develop community based projects, and deliberations about contested public issues. In a properly taught Street Law classroom, the high school students are doing the heavy intellectual lifting. The high school students benefit not only from what they learn and how they learn, but also from 14

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who’s teaching them. The presence of law students in their high school classrooms sends a powerful message of caring and encouragement. Many law students go beyond teaching to help their high school students with college essays and the like. D&tB: You have partnered with both in-house legal departments and law firms in your Legal Diversity Pipeline Programs. What do you think are the key practical steps everyone in the profession needs to take to improve pipeline? LA: Promoting diversity and inclusion in the legal profession is an important priority. Pipeline programs are certainly not the only way to do this, but many diversity professionals and others believe that such pipeline programs are a critical part of the solution. The “pipeline” metaphor is not a perfect way to describe the lack of lawyers of color, but the idea of leakage at various points from elementary school through to passing the bar does help illustrate the problem. Street Law programs – whether taught by law students or by lawyers from law firms and law departments – don’t

exactly plug leaks. Using the pipeline metaphor, I think it’s more accurate to say that they “prime the pump.” They provide high school students with an opportunity to learn about the law and develop some of the skills required for legal practice while getting exposure to the pathway to a legal career. And perhaps most importantly, the high school students have a positive experience with people who care about them and who are already in – or on the way to – a legal career. Street Law and its two national partners ACC and NALP - have achieved some scale with the diversity pipeline program. In 2018, nearly 1,900 lawyers from 65 firms and law departments in 25 states volunteered in a Street Law legal diversity pipeline program. D&tB: Street Law has expanded outside of the U.S. Your first international program was in South Africa, while it was still under apartheid. How have the international programs developed and do they have a different focus than the U.S. programs? LA: In some ways the international Street Law programs are similar to the U.S. programs. They focus on teaching people about law, democracy, rule of law and human rights, and they utilize the same student-centered, interactive skill developing pedagogy. But outside the U.S. they are not typically thought of in terms of legal diversity pipeline programming. The legal profession in most other countries is not focused on diversity and inclusion the way it is in the U.S. The Street Law programs – and in particular the law school-based public legal education programs – are popular in countries where democracy is well established like in the U.K. as well as in countries in transition where democracy, as we think of it, has not really taken hold - countries like Belarus, for example. The Street Law organization describes its international programs as promoting a culture of the rule of law which resonates in a number of countries. A Ukrainian law professor who oversees a large network of legal clinics in his country that include law student teaching activities calls Street

Law a “culture carrier” which is a novel way to view the program. Of course it is hypocritical to think that we don’t have our own rule of law challenges in the U.S.. In our ultra-polarized society, greater understanding of our Constitution and laws could certainly help bring people together. D&tB: How do you see the future of Street Law? What are the key areas of focus this year? LA: Street Law programs both in the U.S. and abroad have spread rapidly and in many cases, particularly in the case of the law school based programs, with little or no direct involvement of the Street Law organization. While we want to encourage and support program expansion, we are taking several steps in 2019 to encourage adherence to best practice. We are working with our global partners – experienced and highly skilled Street Law program directors in many countries – to develop a set of voluntary standards through a deeply collaborative process. By the end of 2019 this process will be complete, and these voluntary standards will be available free and in multiple languages on our website (www.streetlaw.org). As a complement to the voluntary standards, we are developing a series of teaching videos that will show Street Law instructors (law students and lawyers but also teachers) how to use our innovative student-centered teaching methods. The videos are being developed in such a way that it will be easy and inexpensive to provide multiple language versions of them. LEE ARBETMAN larbetman@streetlaw.org Lee Arbetman is the Executive Director of Street Law, Inc.. He has helped to expand Street Law from a local program in four Washington, D.C. high schools to a global program active in all 50 U.S. states and more than 40 countries. Among his contributions to Street Law are co-authoring their flagship textbook, Street Law: A Course in Practical Law, and developing their Legal Diversity Pipeline Programs and the Supreme Court Summer Institute for Teachers. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 8 | W W W. M C C A . C O M D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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rutluCC Culture Change: Leveraging the beneďŹ ts of Diversity and Inclusion By Catherine McGregor

Chang MCCA and Paul Hastings are embarking on a year-long project to examine how culture change works in regards to diversity and inclusion in a selection of legal de-

partments and their organizations. The first case study focuses on Boehringer Ingelheim’s US legal team. In this exclusive extract we consider the role

of leadership and strategy in producing a more diverse and inclusive culture.

Culture change is an interesting phenome-

non to study: when it works, it is a unique dance

between the needs of the individual and those of the organization. Leadership is pivotal in aligning these two drivers and in ensuring there’s organic interaction between both. Research into successful culture change suggests that the best leaders are fully aware of their influence in culture and how they can shape this. LEADERSHIP AND CULTURE

“For better and worse, culture and leadership

are inextricably linked. Founders and influential

leaders often set new cultures in motion and

imprint values and assumptions that persist for decades. Over time an organization’s leaders can also shape culture, through both conscious and unconscious actions (sometimes with unintended consequences). The best leaders we have observed are fully aware of the multiple cultures within which they are embedded, can sense when change is required, and can deftly influence the process.” (Groysberg, Lee, Price & Cheng, Harvard Business Review, January-February, 2018). In changing culture to increase diversity and inclusion, leaders are similarly crucial. They set the scene and show that inclusion and diversity is a priority. They function as role models, whether that’s a conscious choice on their part or not. Leaders can also demonstrate the proD & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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fessional importance of inclusion and diversity by changing the conversation around what success at work looks like, both internally and externally, and driving difficult conversations when that’s not happening. At Boehringer Ingelheim, the legal department has been guided over the last 14 years by a series of female general counsel. From 2005 until 2013 that was Marla Persky, who firmly set the initial focus for the legal team on the importance of diversity and inclusion to its culture. Marla was followed by Desiree Ralls-Morrison who is a woman of color. Eighteen months ago Desiree was succeeded by Sheila Denton. For one of the inside counsel I spoke to, the development of the focus on inclusion and diversity has been analogous to an iceberg where only a fraction of the entirety is visible on the surface. This is partly a result of defining diversity differently and looking beyond merely the visible differentiations. Executive Director & Executive Counsel Employment & Government Investigations, Adam Price, explained: “While our demographics have changed above the surface, what’s also changed is the background of what people bring to the company – it’s more diverse. For example, the locations and background people are coming from, not just from law firms but also in-house people with non-traditional legal backgrounds. It’s also the type of law firms people come from: it’s a broader cross-section. That means that we demonstrate our commitment to diversity to be more than just how it looks; we also bring a real diversity of perspectives.” How the journey to inclusion and diversity at Boehringer’s legal department has developed is also indicative of how the legal department’s leadership has changed. Marla Pesky initially put the notion of diversity and inclusion firmly on the radar of the legal team. Gina Maz18

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zariello, Vice President, Human Pharma Business Law, explains: “We can look to the leadership role to understand evolution of diversity in the department. Marla was very outspoken and clear about a commitment to diversity and inclusion which really set us on the path of thinking about this strategically. Marla hired me as a junior lawyer and she had certain things she required in hiring; when we were interviewing for a new position that slate needed to be diverse.” Adam Price joined the legal team at around the same time as Gina Mazzariello, and comments, “The company has changed significantly in the last 11 years. They had started their diversity journey right around that time. There were many people who were ‘home grown’ with fantastic knowledge and insights, but the leadership saw they also needed to bring in new viewpoints and diversity of thought to add into the mix. Geographically, we started looking more broadly than the North East, advertising in different places for our roles and looking further than Ivy League colleges.” Thus the leader’s articulation of the aspiration for culture change is significant in starting the journey for change, which becomes a positive loop and encourages buy-in throughout the group, according to Groysberg et al: “As employees start to recognize that their leaders are talking about new business outcomes — innovation instead of quarterly earnings, for example — they will begin to behave differently themselves, creating a positive feedback loop.” (Groysberg, Lee, Price & Cheng, Harvard Business Review, January - February, 2018). ROLE MODELS The positive feedback loop created is also reinforced, in the case, by the diversity of the leaders in question as role models and leaders.

As employees start to recognize that their leaders are talking about new business outcomes — innovation instead of quarterly earnings, for example — they will begin to behave differently themselves, creating a positive feedback loop As the legal team became more diverse, the fact that the general counsel over the last 14 years was diverse has been an important reinforcement factor. Sheila Denton, the current General Counsel, feels that this series of female leaders has had a significant effect: “As long as I have been here it’s been a female General Counsel. Personally, my experience of having a female General Counsel allowed me to be more comfortable and more open about the challenges of being a working parent and balancing the needs of flexibility in the workplace. This backdrop created an environment where you can strive for and achieve greater work life balance, setting a tone within the legal department that has continued to today.” Karem Friedman, a Hispanic lawyer who is Director & Senior Counsel, Human Pharma Business Law and who has been with the company for six years, feels the role modelling from the leadership and their commitment to the promotion of diversity has definitely had a tangible effect on culture in the legal team for minority attorneys such as herself. “From my perspective, it sets the tone but also gives you someone to emulate in many ways. That’s why it is important to me that our department has continuously had strong female leaders that I consider role models. This was particularly true for me when

Desiree, a female of color, became our general counsel. It made me proud to be part of Boehringer Ingelheim’s culture and made me feel that it was a role that I could aspire to.” But in thinking about culture change and role models - what’s the connection? Role models function as markers and can help the individual in navigating an organizational culture. It’s particularly the case in guiding new employees, to assess whether they truly have cultural fit. If you cannot see people, particularly in leadership, who look like you or embody experiences that are similar to yours you may question whether you can be successful. One of the downsides of cultures where there isn’t diversity is the fact that leadership and therefore what’s defined as success at work can be tied up with one identity set. Diverse role models can be an arbiter for change, showing that it is possible to be successful and look different and be authentic. The last part of being able to be an authentic leader is fundamental to changing culture: if diverse candidates are only acting as role models or being designated as successful if they mimic the majority, then culture change will not happen. What will be achieved will be mere mimicry of culture change or ‘window-dressing.’ As success is generally defined explicitly and implicitly by leadership in companies, the leader D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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I felt like our culture was kind and collaborative but also felt that, as adept as we were, we also weren’t connecting the things we were doing in inclusion and diversity: asking what we were doing and what does it mean? becomes significant as a role model and driver for inclusion, whether they are themselves diverse or not. CULTURAL MAPPING Research in culture change, such as that undertaken by Groysberg et al, suggests that a key aspect in beginning culture change is defining the current state of affairs to determine what needs to change. For Sheila as a General Counsel of fairly new tenure, stepping into the role afforded opportunity but also a chance to take stock of the culture as it stood generally and in relation to inclusion and diversity. “When you grow up in the organization, it’s a different perspective than when you join from outside,” Sheila explains. “With every new role, you have to approach it with your new responsibility mindset. I needed to lead with my General Counsel hat and lens rather than other hats I had worn in my previous roles at Boehringer. As a new leader I had to challenge myself personally. The number one need was just to reflect, listen and observe.” It’s important for leaders to situate culture change for inclusivity within the wider context as Sheila notes. “Before I had returned (from the global headquarters in Germany to assume the General Counsel role) the US organization was in a period of transition. That uncertainty had leveled off, but when you are part of a changing industry like pharma, there will always will be 20

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some uncertainty. One of the key challenges is maintaining a culture where it’s OK to feel uncomfortable with the uncertainty and the process of change - all that is significant in creating change for diversity.” For Sheila it was “fundamental that I have a sense of where we are now, to really observe and let my leaders be leaders.” What this exercise in observation and listening led Sheila to conclude is that there was a lot of activity in inclusion and diversity but that it needed direction and strategy. And that this was also a great opportunity to further empower the all-female leadership team to work on driving this. STRATEGIC DIRECTION A key building block regarding culture change is setting a vision and then a strategy to achieve that. As business expert Simon Sinek has stated in his seminal book Start With Why, setting a vision or a ‘why’ inspires those you work with but will also become a key metric for finding more of the right people to work with. For Sinek and many other thinkers who consider organizations, a significant factor in successful change is that employees are bought into the sense of ‘why’ and have purpose, passion and trust. That’s backed up in reality: research by Robert Quinn of the University of Michigan and Anjay Thakor of the University of Washington in St Louis detailed in Harvard Business Review what happened when a CEO who was struggling with

employee engagement in his call centers visited a company who wasn’t. Gerry Anderson, CEO of DTE, was asked to visit USAA’s call centers by their CEO Joe Robles, a board member at DTE. “Familiar with the culture of most call centers, Anderson expected to see people going through the motions. Instead he watched positive, fully engaged employees collaborate and go the extra mile for customers. When Anderson asked how this could be, Robles answered that a leader’s most important job is “to connect the people to their purpose.” (Quinn & Thakor, Harvard Business Review, July-August 2018).

In the legal department at Boehringer, a key area of focus now for leadership is the development of a strategy for diversity and inclusion. The desire to organize the legal department’s work around a strategic vision is driven by Gina Mazzariello and Andrea Lockenour, but a catalyst was the change in leadership with Sheila Denton assuming the General Counsel role. For Gina it was important that the various activities and ways of approaching issues were clarified around a vision and strategic statement as a means to further consolidate and enhance the work that was already happening.

A Word from Paul Hastings The legal industry is still struggling to leverage the benefits of diversity and inclusion. It’s not because of a lack of knowledge. Many firms understand that diversity is no longer about ticking a box or only a matter of responding to client demands. These firms understand that diversity and inclusion stimulates innovation. The lack of more significant improvement is not due to a lack of will. There are firms, like ours, that are working with clients, schools, organizations and publications like MCCA to accelerate the pace of change. The challenge law firms face is understanding the way forward—and taking it. That path to progress is systemic cultural change. This should begin with firms weaving diversity and inclusion into the fabric of their cultures. Cultural change does not come naturally to law firms. Lawyers like precedent and prefer to deal in the tangible. But to harness the value and innovation that diversity and inclusion stimulates, firms will need to embrace cultural change.

By Seth M. Zachary, Chairman

So the challenge ahead for law firms is to fully ingrain diversity and inclusion into the culture of their firms and their overall business strategies, so that it can be embodied by their people. It is only through meaningful engagement and maximizing the contributions of each member of our firms that we can truly integrate diversity as a natural part of law firm culture. At Paul Hastings, we don’t pretend to have solved this challenge. However, we believe that through partnering, researching and talking with our clients and other experts we’re sparking dialogue to move the needle. We hope that sharing this dialogue through MCCA will help more firms to be cultural change agents. The journey ahead will have some bumps. The ride may be uncomfortable. But as more firms connect diversity and inclusion to their cultures, the rewards will be great. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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Gina explains: “Sheila and I discussed that we do a lot of activities that focus on diversity and inclusion, some of it left over from when Marla started this and some of it just things we do. Going forward, we agreed to put together a real strategy where we want to spend our money and put our time and our vision.” This conclusion was one that Sheila had also come to as a result of her culture mapping exercise when she assumed the General Counsel role. “I felt like our culture was kind and collaborative but also felt that, as adept as we were, we also weren’t connecting the things we were doing in inclusion and diversity: asking what we were doing and what does it mean?” For Sheila, the why, the how and the what of diversity needed to interconnect. “By tying this to a strategy or a mission, people understand the ‘why’ rather than go through the motions.” Gina has been working on this with Andrea Lockenour, who joined Boehringer last year from GlaxoSmithKline. The first stage of the strategy journey has been articulation of the vision as Gina explains: “We wrote up a draft vision statement about what diversity means to the legal department and brought that to leadership. Our goal is to craft a vision statement that encompasses a definition of diversity that is broader than just protected classes. It’s really got to be rooted in valuing diversity; fostering diversity and seeking out diversity in all its forms. That all works towards the inclusion piece, which is key. Once we have the statement agreed, we are going to develop a road map for activities and where we will focus our efforts, what outcomes we want to see, etc.” For Sheila it was key to question the strategic and operational value of activities in inclusion and diversity. “We realized we had a lot of activities linked to certain individuals or certain groups 22

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in legal. What we started asking was ‘how does it all fit together?’ and ‘what does it achieve?’, then we needed to ask ‘is it achieving what we want to achieve?’” What’s been fundamental for Sheila, Gina and Andrea in setting the strategic direction is that inclusion and diversity is not related to the status of ‘nice to have’. Sheila asserts that this has been crucial. “Creating an inclusive culture and a strategy for that is a leadership team priority. It’s something we discuss in every leadership meeting: what we want our D&I culture to be and what it is right now.” But culture change generally and strategy around inclusion is not a finite destination: it’s a continuing journey. That message of change being a continuous process is something that the leadership team in legal at Boehringer has taken to heart. As Sheila explains, “Looking at our strategy around inclusion and diversity is something we should do every couple of years. We need to keep asking why do we do it, and what is it achieving? Only then can you instill a culture where people feel empowered asking things and expressing themselves.” A focus for the leadership team is considering events that may have grown up organically, perhaps due an individual’s personal passions, and to figure out how this can be part of a holistic strategy. Sheila gives the example of the legal team’s annual pro bono program where they spend a day working with community groups, non-profits and charities in the local area. “We have full day of discussions for local non-profits on topics such as how to fund raise, legal issues with boards, etc. Now, the full day event is almost formulaic. But now we are looking at it and asking “it’s great but why do we do this and what does it mean?” in a more holistic and strategic approach.”

Culture is a group phenomenon. It cannot exist solely within a single person, nor is it simply the average of individual characteristics. It resides in shared behaviors, values, and assumptions and is most commonly experienced through the norms and expectations of a group—that is, the unwritten rules.

MORE THAN ASPIRATION “Culture is a group phenomenon. It cannot exist solely within a single person, nor is it simply the average of individual characteristics. It resides in shared behaviors, values, and assumptions and is most commonly experienced through the norms and expectations of a group—that is, the unwritten rules.” (Groysberg, Lee, Price & Cheng, Harvard Business Review, January-February, 2018). As Groysberg, et al note in their HBR study, culture is a shared responsibility and how it really becomes true culture change and embedded is through day-to-day behaviors and norms. Directional thinking and pronouncements as well as serving as a figure head or role model are all important focus points for leaders in changing culture. Leadership cannot be based only on high level pronouncements; it has to cascade down to the day-to-day reality of all individuals in the department. For Karem Friedman, the experience of having two children while working

in Boehringer Ingellheim’s legal department was a strong indicator of cultural realities for working mothers. Karem was a couple of months pregnant with her first child at the time of her interview. For Karem, how Boehringer handled her pregnancy after she shared the news was indicative of the culture in the team: “They were so gracious and supportive, despite the fact that the other attorney they had hired at the same time was also pregnant! It’s a testament to the agile and accommodating culture of our department. Our leadership handled it very well and we worked together to ensure the department had the appropriate support during my leave.” Karem has just had her second child; now with longer tenure at Boehringer Ingelheim and more comfortable in her role, it did feel easier. She remembers that as a first time mother: “There’s always the unknown, leading to so many questions, including whether I would have flexibility? But the way Boehringer handled my first D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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In legal, we are in a unique position with the company because not only do we understand the importance of the result of a more diverse culture, but we’re in a unique position to get the company to figure out how you get to the result. That’s what makes the creative lawyering really interesting; who helps you get there? It’s your legal team. pregnancy made it clear to me that I was working for a company that had a really great culture for working mothers.” What’s been significant for Karem is this culture is being handed down, not just through strategy and initiatives, but via everyday interactions, particularly from women leaders in the department who are supportive and also able to share practical tips of how they have coped as working mothers. She explains: “One time I mentioned to a mentor how difficult I found it to deal with a sick infant. She immediately shared her personal experiences with similar situations and told me how she worked through it by making up lost time at night or on weekends. It was very valuable to me to have females in leadership roles telling me, “You’re not the first one to encounter these challenges and here’s how to overcome them.” For Sheila, as a leader, it is important to connect what they do with how they do it. To get the widest buy-in, diversity cannot exist in a vacuum but has to be connected to real world imperatives. Groysberg et al writing in Harvard Business Review suggest cultural change strategy is best defined not in terms of culture change per se but organizational change priorities. It should be framed not as a culture change initiative, but in terms of real-world problems to be solved and 24

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solutions that create value. For Sheila, thinking about this in her own team has wider ramifications than just the day-to-day of working in the legal department. There is the commitment to hiring more diverse candidates with different perspectives and life experiences but also requiring more diversity from external suppliers such as law firms. “If you’re not looking at it both within your own function but also in the profession more broadly, you are not going to have the same impact,” Sheila explains. “You have to consider the ramifications of why, what and how throughout everything you do.” For Sheila a significant focus of her leadership is fostering a culture of creativity and innovation where people can ask questions. She feels that goes hand in hand with diversity. “In legal, we are in a unique position with the company because not only do we understand the importance of the result of a more diverse culture, but we’re in a unique position to get the company to figure out how you get to the result. That’s what makes the creative lawyering really interesting - who helps you get there? It’s your legal team. But also for our lawyers, seeing the bigger picture of what thinking about inclusion makes to the company and, indeed, society, only fuels that journey with more energy.”

D&B/TALK

INTERNATIONAL FOCUS - WALKING TWO WORLDS

How can Canada promote greater inclusion of its Indigenous attorneys By Rhiannon McGregor

WITH CANADA STILL SCARRED BY COLONIZATION AND ITS AFTERMATH, THE COUNTRY’S LEGAL PROFESSION IS FIGURING OUT HOW TO ACHIEVE

THE GREATER INTEGRATION AND INCLUSION OF ITS INDIGENOUS LAWYERS. The conversation is a complex one, fraught with preconceptions, misconceptions and tainted by racial prejudice; but perhaps the biggest issue is how to ensure a diverse workforce without merely spearheading a culture of complete assimilation. “Indigenous people, and particularly lawyers or other professionals, often speak of ‘walking in two worlds’ – the world of their people and the world of colonizers.” It’s a sentiment vocalized by Laura Sharp, who currently studies at Osgoode Hall Law School. She is a Mohawk member of the Haudenosaunee Confederacy, an ancient alliance forged between the Mohawks, Oneidas, Onondagas, Cayugas, Senecas and Tuscaroras. While she did not grow up with her community on the Six Nations of the Grand River reserve, her sense of connection to her heritage is palpable. “I am constantly inspired by Indigenous legal warriors and activists who have come before me and who continue to do amazing work on a daily basis,” she says. Once a niche sector, Aboriginal law has become a rapidly expanding area of legal practice. Currently, almost every major legal firm in Canada employs Aboriginal law consultants, a considerable number of whom come from Indigenous backgrounds. “Many Indigenous law students want to enter into the profession so that they can help Indigenous or other racialized communities,” says Scott Franks, who is Métis from northern Saskatchewan and an associate at Indigenous-led firm Olthuis Kleer Townshend (OKT). However, wages are often lower than in other practice areas and competition for jobs is high. Firms like OKT are therefore commit-

ting to hiring and training Indigenous lawyers and assistants who otherwise experience barriers to employment like systemic discrimination. Indigenous candidates will often be the first in their family to study law, or indeed, attend higher education and this can mean they have difficulty getting to the interview stage. In fact, up until the 60s it was illegal for “Indians” (as Indigenous people were referred to at the time) to receive a formal education. “Helping Indigenous students get interviews means that employers can see the students behind the resumes,” says Sharp, who last summer worked with the Law Society of Alberta (LSA) on a program to connect firms looking to hire Indigenous law students with relevant candidates. Even at interview stage, misunderstandings can occur if cultural nuances are not properly understood. In some Indigenous cultures, for example, it is considered impolite to make direct eye contact, a demeanor that could be misinterpreted negatively by would-be employers. Part of the LSA’s work therefore also focuses on providing cultural competency training to recruiters. Anecdotal evidence suggests that in larger law firms, while there is a willingness to sponsor diversity initiatives, there remains a certain reticence to actively seek out Indigenous candidates. This can leave those that are already part of the workforce feeling isolated and stereotyped as the “token” Indigenous person. In order to address this issue, Gowling WLG has partnered with the Canadian Center for Diversity and Inclusion (CCDI) to conduct its Diversity & Inclusion self-identification census. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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As part of the initiative, the CCDI conducted interviews and focus groups that would inform Gowling’s D&I strategy. The firm has consequently made commitments to Indigenous communities in relation to employment, community investment, community engagement and the sponsorship of an eight-week program that helps to prepare Indigenous students for a career in law. Importantly, the program includes training in Indigenous law, an aspect of the conversation around integration which has for too long been ignored. Unlike Aboriginal law, which is the application of Canadian law relating to Indigenous issues, Indigenous law is that of the communities themselves. “The discourse has been focused on the application of colonial legal systems on the Indigenous communities, rather than the implementation of an Indigenous legal paradigm,” says Lee Francoeur, a lawyer of First Nations ancestry from Taku River Tlingit working at Eagle Law. Firms like West Coast Environmental Law, a small boutique practice based in Vancouver, are, however, signalling change. The company’s representation of the Tsleil-Waututh people, who are disputing the Trans Mountain pipeline expansion proposed by Texas energy giant Kinder Morgan, saw them carrying out an environmental assessment according to their own laws. To these ends, it is important that all lawyers 26

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receive a grounding in Indigenous law so that the onus is not just on a certain portion of the profession to understand these “two worlds”. “For non-Indigenous students, exposure to these different legal issues and legal orders is going to have a huge impact on their understanding of the rule of law, access to justice, and civic responsibilities,” states Scott Franks, OKT. In March last year the University of Victoria became the first institution in the world to offer a joint degree in both Indigenous and common law, marking an important step forward in this issue. “I am encouraged that this integration and awareness continues to improve as Indigenous legal principles advance through legal and political systems,” Francoeur explains. Indeed, in order to promote law as a desired profession among First Nations communities it is not enough to merely “create space” for Indigenous lawyers; the legal system must consider how it can proactively evolve into an entity that works for all of its workforce. A large part of this is choosing how it wants to reward individuals for the services that they can offer, rather than taking a one-sizefits-all approach to competency. “Law firms need to think long and hard about the unique skills and experiences that Indigenous lawyers bring to their firm [because] diversity has a real, positive effect for racialized and Indigenous clients,” asserts Franks. With most law firms based in Canada’s big

cities, working in this type of urban environment and being so far from their community can be incredibly psychologically taxing for an Indigenous lawyer. Regularly attending ceremonies like pow wows, sweats and round dances is an integral part of Indigenous cultures but is something that the demanding nature of legal work can often make few allowances for. “[I recently met] a partner at an Indigenous law firm [who] noted that one of the difficulties her firm faced was ensuring that Indigenous lawyers had the time and space to participate in ceremony while also ensuring that everyone was meeting their billable hours,” explains Sharp. As is often the case, much of the positive change around diversity is happening at the bottom, with law schools. Many have taken on board the Truth and Reconciliation commission’s calls to action in its 2015 report for schools to better facilitate cultural competency training. To name but a few, the University of British Columbia recently introduced an Indigenous Cultural Competency Certificate program while McGill University introduced a mandatory module on Indigenous legal traditions. Francoeur, who graduated from law school at the University of Calgary in 1997 and is now also an advisor to the university’s faculty of law, says that he has seen a great deal of positive change over the years. “I am pleased to say that admissions to Law School have greatly improved since I attended,” he tells me. “The Dean and his team have identified Indigenous Admissions as a priority, and we are developing admission policies and support, so that our students have the greatest opportunities to succeed.” Yet, there are still problems even at this level. Osgoode Hall Law School aims to ensure that its intake proportionally reflects the make-up of the population at large. However, of the 870 students it accepts each year, only 18 are currently of Indigenous origin. This, despite figures from the most recent Canadian Census indicating that 4.9% of the population identifies as Indigenous. Of course, this is only representative of one law school but as you

move up the ladder to judicial level the numbers become even more discouraging. A report from 2016 in Policy Options magazine estimated that of the more than 2,000 judges in Canada’s provincial superior and lower courts, a mere 1% were Indigenous. This lack of representation is problematic both for lawyers who lack role models further up the professional ladder and for clients. “I think there is a glass ceiling. Unfortunately, a First Nation lawyer needs to be twice as good to have equitable recognition,” says Francoeur. “The whole industry is built on historical relationships and consultants that make sure that the work stays with small, established groups.” What is flagrantly apparent from the discussion around integration is that there are no easy answers. Perhaps it is not even so much about integration per se but understanding and inclusion of differences. “A lot of the conversation around diversity has become polarized. It’s difficult to have a constructive conversation today, when there is such a great degree of denial about the experiences of some racialized and Indigenous candidates and lawyers,” concludes Franks. “My hope is that non-Indigenous lawyers who care about reconciliation in Canada will find the knowledge they need to confidently say what their place is in this process...I believe that if non-Indigenous lawyers approach their relationship to their Indigenous colleagues and clients with an ethic of care and reciprocity, that those uncomfortable moments will be understandable and healing.” RHIANNON MCGREGOR

RHIANNONMCGREGOR@GMAIL.COM Rhiannon works at trends and consumer insights platform The Future Laboratory where her areas of expertise include Health and Wellness, Beauty, Travel and the rapidly growing Fintech sector. She has written for a variety of publications including Wallpaper*, Disegno, Rail magazine and POPSugar and has been interviewed as an expert for the Guardian, the European Magazine, Women’s Health, Men’s Health and Grazia. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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ALLIED FOR CHANGE

AN INTERVIEW WITH CRAIG B. GLIDDEN By Catherine McGregor raig B. Glidden is Executive Vice President and General Counsel of General Motors., a position he has held since 2015. In his role leading GM Legal, he oversees a team of attorneys who are integrated into GM’s regional and functional teams in more than 30 countries. Prior to joining GM, Glidden had been Executive Vice President and Chief Legal Officer for LyondellBasell, one of the world’s largest plastics, chemicals and refining companies. Before that he was Senior Vice President, General Counsel and Corporate Secretary of Chevron Phillips Chemical Co. He is a long time advocate of diversity and inclusion and in late 2018 joined the board of MCCA. We spoke to Craig about his work as an ally to advancing diversity and why it’s so important. Why is diversity important to you personally, as a leader at GM and as a member of the legal profession? Because, put simply, diverse teams work! In my own personal experience as someone who has been involved in legal organizations for almost 40 years, I have found that diverse teams with diversity of perspective and background provide the best outcomes: producing results that could not be obtained otherwise time and time again. What more diversity in our profession means is that the quality of lawyering is better, creativity is better and solutions are better. At end of the day, legal advice doesn’t exist in a vacuum; it’s key that advice is delivered in a way that is sensitive to its audience and takes into account the diversity of the stakeholders. Diverse teams are just more sensitive to those types of issues. To make sure legal advice and solutions are pitch perfect , we emphasize inclu28

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CRAIG B. GLIDDEN sion and diversity. From a GM perspective, we are a leader in diversity and the initiatives we undertake with respect to suppliers, dealers and all employees have had a very positive impact on diversity in the legal department. Our CEO Mary Barra is one of the most well-recognized leaders in diversity and inclusion and GM has a very diverse board. Historically, that has always been important and the company has had relationships with lots of diversity leaders throughout the years. In the 1970s one of our African American board members was the first US board member to speak out against apartheid in South Africa. That shows the long legacy of GM efforts to improve diversity. We are currently in the process of creating a strategic legal partnering program for outside firms where we make it clear, in light of this long term corporate commitment, that we expect outside counsel to reflect our views. At GM, and in your previous roles at LyondellBasell and Chevron, you have been in industries that are generally less diverse. In my experience, the legal department can often play an important role in flying the flag for diversity in such cases. How does that align with your experiences? In engineering intense industries such as these, I do think the legal department has a significant part

to play as a role model. What’s also key though is to stress diversity and inclusion through STEM initiatives from an early age. Law schools have been at the forefront of creating real opportunities for diverse candidates in the legal profession. In order to properly address these fundamental pipeline issues in engineering professions, like the automotive or energy fields, we have to have a pipeline of diverse talent graduating from engineering schools. STEM programs are one of the key pillars of our charitable giving to organizations such as Girls Who Code alongside grassroots STEM education in communities in which we operate. Some of our programs extend as early as elementary school children as the earlier we open up possibilities to diverse candidates, the better. Are there similar areas of focus for pipeline in the legal department? Our legal department has been part of the Streetlaw program for years, aiming for diverse students in high school who are potentially interested in a career in law. We bring them in during the summer via a robust training program, and expose them to various facets of legal practice to help them get to where they want to be. I am so impressed with the students and the enthusiasm they have. That ability

to have access to possibilities and opportunities has a deep personal resonance for me. I was raised in a small town in Florida by a single mom. In my hometown, you either went into food service, hospitality or real estate! It was only through exposure to other people whose family members were lawyers that I even thought of becoming a lawyer myself. That’s an example of how important it is to open up the possibilities of opportunities to candidates, such as diverse candidates for whom it might not be a typical avenue. It’s often been said that white, male allies like yourself are of fundamental importance in actually driving change, both generally and in our own profession. Do you have an example of that from your own experience? In my position as an ally we are able to take those requirements for change and build them into our programs, whether recruiting internally or partnering with outside law firms. My position means I am able to make that part of the equation and I am in a position to influence others. It’s key that the diversity and inclusion movement has allies, like myself, partly because historically we’ve been more able to access those positions of influence where we can effect change. What do you think are the most important things D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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SAVE THE DATE

2019 Diversity Gala WEDNESDAY, OCTOBER 16, 2019 AMERICAN MUSEUM OF NATURAL HISTORY CENTRAL PARK WEST AT 79TH STREET NEW YORK CITY

ATTIRE BLACK TIE / FORMAL

Diversity is now built into our operational DNA: the leader of the diversity task force is our head of legal operations so inclusion and diversity then becomes an operational imperative in everything we do and it moves from aspiration to implementation. you as an ally can do to advance change in law firms? You really have to insist on diverse teams when you make decisions on staffing a particular matter; the GC or others in the department have to make sure the law firms fields a truly diverse team. This applies in transactions and in litigation. The clearest examples come from litigation, where if you don’t have a diverse team at trial you are more likely not to resonate with some members of the jury. You want a diverse team at trial and also one when preparing for the trial as well - and we make sure law firms understand that. If law firms want to get more work from us they need to take notice. What are you most proud of in relation to improving inclusion and diversity in the GM legal department? What we are doing now is particularly key: we have a diversity task force that is running on all cylinders. The diversity task force is helping us build out requirements for our strategic partnering program with law firms and suppliers and is giving us a great opportunity for our diverse lawyers to be able to act as leaders in engagements with those diversity organizations with whom we work. Also that group has worked very effectively with GM’s larger diversity and inclusion team which is headed by the former head of diversity in the US Military. Diversity is now built into our operational DNA: the leader of the diversity task force is our head of legal operations so inclusion and diversity then becomes an operational imperative in everything we do and it moves from aspiration to implementation. What would be your top practical tips to other legal department leaders in terms of improving inclusion in their own departments? I think the most practical tip and one that pays great dividends is to start a conversation on diversity

with your law firms. You will be able to tell relatively quickly whether they are serious, based on responses to smart questions. We have about 20 core law firms with roughly a thousand professionals at a minimum; even if you have an effect on a small percentage of those thousand, it’s important. The way you do that is through sourcing decisions, which people you use and how you advance that. It’s also important to give law firms advice and practical help if they do want to make a change regarding diversity. But with all of this it has to be more than checking the box: usually people who focus on diversity and inclusion have passion and you are looking for that passion internally and externally. What inspired you to join the board of MCCA last year? When I first started in the profession, there weren’t organizations like MCCA. I remember when they formed and was very impressed with them then. It got to a point where it was important to me to give back to MCCA as it has served a very vital purpose in the advancement of diversity and inclusion in the legal profession. Given I only have a finite time to spend with organizations outside my own company, I wanted to spend it with organizations who will have an impact like MCCA. Finally, is there one thought or idea in terms of advancing diversity in the profession that’s most inspiring to you? Here’s where I think diversity and inclusion is going to become increasingly significant: when you combine with the fact that the legal profession is underserving a huge number of people in the community due to lack of access to justice. I think as we are able to expand diversity and inclusion in the profession, we will be able to also give better access to justice for underserved parts of the population. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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D&B/TALK

COMMUNITY VIEWPOINT What Defines Diversity and Inclusion Leadership in Dispute Resolution Practice? By Stephanie Ball

WHAT DEFINES A LEADER WHEN IT COMES TO THE SELECTION OF DIVERSE NEUTRALS IN ALTERNATIVE DISPUTE RESOLUTION? MAKING THE BUSINESS CASE FOR DIVERSITY IS THE TOO-OFTEN HEARD BATTLE CRY WHEN THE ISSUE OF DIVERSITY AND INCLUSION IN THE LEGAL PROFESSION COMES UP. IT IS INCONCEIVABLE THAT AN ORGANIZATION SHOULD NOT REPRESENT THE WORLD WE INHABIT. The extent to which gender and minority disparities continue to persist within the legal profession and ADR can be changed by leaders who prioritize diverse and inclusive initiatives. ADR providers who offer leadership through education will work toward solving the problem in the selection of diverse neutrals in the communities we serve. Recently, the American Bar Association adopted ABA Resolution 105 – Diversity in ADR. The purpose of the resolution is to increase diversity in selection of neutrals in dispute resolution: RESOLVED, That the American Bar Association urges providers of domestic and international dispute resolution services to expand their rosters with minorities, women, persons with disabilities, and persons of differing sexual orientations and gender identities (“diverse neutrals”) and to encourage the selection of diverse neutrals; and FURTHER RESOLVED, That the American Bar Association urges all users of domestic and international legal and neutral services to select and use diverse neutrals. Major providers of ADR services publish rosters providing the names of the neutrals available as hearing offices in mediations and arbitrations. The responsibility then falls on the shoulders of the ADR providers to promote the qualifications of the diverse neutrals listed on their roster. ADR providers can initiate the discussion on the im32

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portance of selection of diversity when selecting a neutral to mediate or arbitrate a dispute. By creating educational opportunities for users to learn about and meet diverse neutrals, ADR providers will create client communications encouraging selection of diverse neutrals. An effective way to promote education is to perform outreach to law firms, bar associations, in-house counsel, association meetings and other business entities through complimentary Continuing Legal Education (CLE) programs. NAM (National Arbitration and Mediation) has been a leader in promoting diversity in ADR services by presenting CLE programs about Achieving Equality for Women and Minorities in ADR Selection. In November of 2017, the New York State Bar Association published the report IF NOT NOW, WHEN? Achieving Equality for Women Attorneys in the Courtroom and in ADR. The report was prepared with the full support and commitment of the Commercial & Federal Litigation Section of the New York State Bar Association’s leadership. These female alumnae chairs met and formed an ad hoc task force devoted to the apparent dearth of women litigators in the courtroom and women who serve as arbitrators and mediators in complex commercial and international arbitrations and mediations. Based on the survey results, the task force

found continued disparity and gender imbalance in the courtroom and ADR cases. The report is available at: http://www.nysba.org/WomensTaskForceReport/. Based on this report, NAM recognized the conversation around the gender and minority gap in the selection of ADR neutrals was drawing more attention in the wake of the #MeToo movement. NAM partnered with LAW.COM to present a webcast to learn how stakeholders could take a proactive role in addressing gender and minority disparity in the selection of diverse neutrals. Gender equality trailblazer the Honorable Elizabeth Bonina discussed how to raise awareness and outlined the ethical steps that law firms, corporate counsel, judges, clients and ADR providers can take to move the needle towards a solution. As a former Justice of the Supreme Court, Kings County, Judge Bonina facilitates the settlement of cases involving a range of areas of practice including personal injury, premises liability, labor law, sports and recreation, and employment law cases. More significantly, it is Judge Bonina’s skill as a mediator and arbitrator that makes her an effective neutral as she is known for her intelligence, determination, patience, and ability to get even the most complex, highly emotional and contentious cases resolved. WALK THE TALK Leaders in ADR practice have many challenges, and diversity in selection of neutrals is a priority that all leaders must continue to play a pivotal role, in order to move the needle. Because ADR leaders have the skills to mediate, they can be proactive in seeking opportunities for diverse attorneys to be part of the roster of neutrals. But then leaders must walk the talk and bring new perspectives to the table which encourage ADR providers and their clients to increase opportunities for diverse neutrals. ARA Resolution 105 is only the starting point. Now is the time for stakeholders to lead this initiative.

In 2018, for the sixth year in a row, the Honorable Elizabeth Bonina was voted a Best Individual Arbitrator in New York State in the New York Law Journal Annual Reader Rankings Survey. Judge Bonina spoke with Stephanie Ball, NAM’s Director of Continuing Education, on her experiences as she navigated the journey from law school, to a law firm partner, to Justice of the Supreme Court, to an ADR hearing officer with NAM (National Arbitration and Mediation). Stephanie Ball: Judge Bonina, in the light of #MeToo, tell us about your professional career path. Honorable Elizabeth Bonina: It’s been quite a journey. When I went to law school, I found it was still a man’s world and when I joined a law firm it was still a man’s world. As a new attorney at trial I was in the judges’ chambers and I was asked to go out and get coffee. I couldn’t argue with my male counterparts in front of the judge, so I went out and got coffee! When I was a judge a male attorney wanted to keep reminding me that he knew my father. I had to be firm and remind him he was acting inappropriately. I actually had to threaten him with sanctions if he didn’t stop. SB: How did you make the transition from being a Judge of the Supreme Court to an ADR Hearing Officer? HEB: I started as a neutral with NAM eleven years ago when there were very few woman neutrals. Over the years NAM realized they needed to expand the diversity of their roster and has more than tripled the women on it. NAM was a promoter of all the skills of the women on their roster and advertised our skills to their clients. NAM encouraged case managers to recommend diverse neutrals to hear cases. NAM created opportunities for our clients to learn about and meet diverse neutrals through our profiles, attending events, writing articles and presenting CLE’s. SB: What types of initiatives did you instate at your law firm to promote diversity? D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 8 | W W W. M C C A . C O M D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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HEB: The firm was a family firm and all the new attorneys were given opportunities to argue and present motions on the court from the start. SB: Over time, what changes have you seen in ADR practice? HEB: Because I knew this program was coming up, I started to think about the changes in ADR practices. More and more of the attorneys participating in the mediation or arbitration were allowing the junior diverse attorneys to take part in the hearing. As the mediator or arbitrator, I supported this learning opportunity. SB: We see many ADR providers taking the pledge for diversity in ADR selection of diverse attorneys. How have you seen this pledge put into action? HEB: Here at NAM we promote women and diverse neutrals. My colleague Susan Hernandez is a woman of color and we are both scheduled full time hearing cases. This is because of the opportunities NAM has given diverse attorneys: NAM promotes our qualifications to our clients. We are in demand because clients know our qualifications and skill level in resolving disputes. SB: How can we encourage women and diverse law students and attorneys to pursue a career in ADR? 34

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HEB: I believe in mentoring women. We have a mentoring program at the Brooklyn Bar Association that I participate in to encourage women and diverse attorneys in their ADR practice development. It is part of the mentoring process and giving women and diverse attorneys the opportunity to participate in a hearing. I also think it is important to reach out and bring women and minorities up as a mentor. SB: Do you see pushback for selection of ADR neutrals? HEB: Here at NAM I don’t see pushback but there are times where the opposition is a room full of men. And I am aware that we need to promote the qualifications of diverse neutrals. STEPHANIE BALL sball@nyclu.org

Stephanie Ball is a talent strategy professional providing quality professional and business development, and diversity and inclusion programs to private law firms, bar associations, public and government agencies, and corporate and business organizations. She is currently a Legal Department Manager at the New York Civil Liberties Union and was previously Director of Continuing Legal Education at NAM (National Arbitration and Mediation.)

D&B/TALK

COMMUNITY VIEWPOINT Never Mind Lean In, We Need Buy In! By Adrienne Pitts

THERE’S BEEN HEIGHTENED DEBATE AROUND DIVERSITY IN BIG LAW INSPIRED BY THE RECENT PAUL WEISS PARTNERSHIP ANNOUNCEMENT. ONE OF THE MAJOR CHALLENGES THAT HAS EMERGED IS THE QUESTION OF HOW PROACTIVE ARE MANY CLIENTS IN ACTUALLY SEEKING OUT DIVERSE LAWYERS TO STAFF THEIR MATTERS? Adrienne Pitts, Managing Director and General Counsel at Loop Capital in Chicago and a former partner in leading AmLaw 50 law firms, argues that general counsels need to seek out women and minorities to be their relationship partners. Without the internal clout that this gives them in law firms, change is going to continue to come at a snail’s pace. Every Fortune 500 company struggling to elevate women and minorities to their own C-Suites, or struggling to find diverse talent for their respective corporate boards, can make this simple change to grow the pool of diverse candidates to occupy those positions. Corporate law departments should seek out and hire women and minorities as their billing or relationship partners at major law firms and watch them grow into even stronger, future business talent. Simultaneously, you help U.S. law firms solve the problem that has eluded them for decades — how to promote AND retain female and minority law partners. In 2017, over 15 million Americans made up the professional services staples: accountants, consultants, financial advisors, insurance professionals and lawyers. That’s roughly 10% of the total U.S. workforce. Professional services achieved a combined revenue of $6 trillion in 2017; and legal services generated $292 billion of that revenue. Lawyers represent the most diverse pool of talent in professional services. It’s where you find highly educated and motivated women and minority

professionals. For them to make it to the upper echelons of law firms means they occupy rarified air. I know, because I did it for two decades. U.S. law firms provide apprenticeships for lawyers and are built on the billable hour and subsequent fees charged to clients. The more hours lawyers bill, the larger the fee billed to law firm clients, which includes every major or minor corporation or partnership in the U.S. Now, in exchange for those fees, the attorney provides expert legal services for a wide variety of client concerns like litigation, investigations, M&A deals, and tax advice. And, after eight years or so of long hours and learning your craft, if you have the internal support along with the record, you are promoted from associate to junior partner. Since the first law firm was founded 200+ years ago and still today, the majority of law firm practitioners are white men. They have maintained this status for a variety of reasons, including client legacy or nepotism, informal mentoring and connections. Little of it has to do with legal prowess, except that they survived the eight+ year gauntlet to make equity partner. Instead, their early access to important firm clients and later, client fee credit next to their names, are the keys to their survival, historically facilitated by other white men. Despite law schools graduating the same number of women as men over that last 25 years, the number of women in law firm partnerships has barely moved in that time; ditto for lawyers of color. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 8 | W W W. M C C A . C O M D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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vmware.com/possible Š 2019 VMware, Inc. The VMware logo and Realize What’s Possible are trademarks of VMware, Inc. and its subsidiaries.

To address that, first, most law firms must acknowledge they have a problem promoting women and people of color. There is either conscious bias or unconscious bias happening. You spend hundreds of thousands of dollars recruiting diverse associates, only to deny them the tools to succeed--- high-profile assignments and clients, mentoring that shares the “secret sauce” and, most importantly, the benefit of the doubt that allows minority associates to rebound from errors, like their white male counterparts. Second, corporate clients must disrupt the paradigm and BUY IN and use diverse relationship partners. The women and minority law partners you meet survived the same gauntlets as their white male counterparts. General Counsels need to disrupt client nepotism directly by insisting that your next law firm beauty contest be led by a female or minority partner. And if the law firm does not have anyone to serve in that role, find another law firm. Then, call that diverse partner to open your matters and manage your legal

portfolio. Instead of signing “diversity pledges” to

show your commitment to diversifying law firms,

co-sign engagement letters with diverse partners. Neither the work nor work ethic will suffer because

a woman partner or partner of color assigns your legal matters.

Corporate clients have the power to shift the

balance inside law firms to make law partnerships more inclusive and empower diverse legal talent

to lead. And, in doing so, corporations may find

some of its best future board talent among those lawyers they’ve promoted.

Let 2019 be the year corporate legal clients

start to BUY IN!

ADRIENNE B. PITTS

Adrienne B. Pitts is Managing Director and General Counsel of Loop Capital, a leading Chicago-based investment bank, municipal and equity finance firm. She joined Loop after almost twenty years in private practice as a litigation and corporate partner at Winston & Strawn, Sidley Austin and Baker McKenzie. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 8 | W W W. M C C A . C O M D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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By Catherine McGregor and Jodi Bartle

Just over a decade ago, the Human Rights Campaign (HRC) Foundation published a study showing that nearly half of all LGBTQ+ people choose to stay closeted at work. Ten years on, the HRC ran another report and found that even though there has been massive cultural and political pendulum shifts and increased inclusive workplaces, over time this statistic has barely moved at all. What is the real cost to LGBTQ+ people and to the business bottom line if this minority group stays ‘invisible’ and unable to bring their whole selves to work? Undoubtably, for many LGBTQ+ people in the workplace, things are in a much better place than they once were. Businesses embrace month-long Pride celebrations through rainbow-themed window displays, color-up their company logos and take part in parades, host LGBTQ+ seminars and collect donations for LGBTQ+ charities. Over the past decade, companies and law firms have formed LGBTQ+ ally groups and support networks, and some boast openly out leaders and C-suite members who serve as role models and mentors. But we live in a predominately heteronormative society, 38

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regardless of perceived notions of tolerance. Although many US companies have invested in creating non-discrimination policies and inclusive benefit packages, 31 states still don’t have fully-inclusive nondiscrimination protections for LGBTQ+ people. The July 2018 HRC report, entitled A Workplace Divided: Understanding the Climate for LGBTQ Workers Nationwide, found that 46% of LGBTQ+ employees are not open about their sexuality at work for fear of being stereotyped, making other people feel uncomfortable or losing connections with coworkers. Deena Fidas, study author and director of HRC’s Workplace Equality Program, said many LGBTQ+ people grapple with an isolating double standard when it comes to socializing in the office - sharing the personal lives of those who identify as LGBTQ+ is often felt to be taboo. “We’ve learned that simply having the right policy in place isn’t enough,” Deena said. “You’ve got evidence over a decade that despite really significant progress, including marriage equality,

When I entered the legal profession in the late eighties I never imagined I would have a picture of my wife sitting on my desk or that I would call her my wife. If you had asked me in 1989 if I could have a legal same sex marriage I would have said the chances were none. Lee Schreter, Littler Mendelson

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challenges remain in terms of the everyday workplace experience for LGBTQ Americans. On one hand there’s been significant progress, but on the other we still don’t have basic federal protections in this country for the LGBTQ community,” she said. The study found 1 in 5 LGBTQ+ employees had considered leaving a job, and engagement in the workplace can drop as much as 30 percent because of an unwelcoming environment. Unlike most other diverse identities, being LGBTQ+ is not necessarily visible or identifiable; and numbers are hard to define completely around who is not out in the legal profession. For LGBTQ+ professionals there will be a decision about coming out at work to be made, potentially over and over. As Joey Webster, a corporate counsel at SalesForce remarks, “ It’s never a one time thing - professionally, you can face having to come out with every job interview or every new meeting.” Some might argue this gives LGBTQ+ individuals the luxury of choosing to be considered diverse or not. But is this choice necessarily a luxury? Lee Schreter, co-chair of law firm Littler Mendelson’s Wage and Hour Practice Group, believes that statistics on self-reporting in the legal profession of LGBTQ+ lawyers show a stagnation, and feels this is the first signs of the effects of a more politically hostile climate potentially affecting inclusion in the profession. Indeed, the Trump administration has heralded the rollback of rights and protections for LGBTQ+ people and people living with HIV that took decades to win; recently repealing Title IX in regards to LGBTQ+ rights and defining same sex benefits for administration employees and visa rights for same sex spouses of diplomats. The National Association for Law Placement’s figures on identifying LGBTQ+ attorneys who respond to their survey revealed 56% are all 40

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located in four cities: New York, Washington DC, San Francisco and Los Angeles. That’s explained by the convergence of both a more accepting environment generally in those cities and the preponderance of more large law firms who may be seen as more LGBTQ+ friendly places to work. But what might be the cost both to the wider profession and the individuals involved if lawyers feel they have to stay trapped in the closet? For many who may feel there are difficulties in coming out, the constraints of not being able to bring their whole selves to work can produce huge psychological consequences. Even when one is out, there may be strictures on what’s seen as acceptable behavior. The academic Kenji Yoshina wrote movingly about this in his memoir Covering, declaring, “It was impossible to come out and be done with it, as each new person erected a new closet around me. More subtly, even individuals who knew I was gay imposed a fresh set of demands for straight conformity.” Yoshina makes the point that this desire for conformity to particular accepted norms can be imposed on all diverse identities. This can lead to ‘code-switching’; the term for when a person in a minority group tones down some of the most obvious elements that associates them with their community in order to fit into a more mainstream group, aiming to protect themselves from stereotyping, judgement, and negative categorization. For women to succeed at work they must be more like men, playing down family commitments; African Americans are told to ‘dress white’; and Muslims to drop their veils. But for LGBTQ+ individuals, the fact they can potentially hide their difference can feel for many like a series of traps. Traps that can be become inescapable because of their invisibility.

The LGBTQ+ community has gone from a period of a real high when marriage was legalized - we were all so happy about the recognition of our community - to the time of the election where things have looked bleaker, certainly when you examine the state of the Supreme Court. The notion of ‘coming out’ was a metaphor used from the early twentieth century to describe gay men and women identifying as such and drew on the comparison with a debutante’s Coming Out Ball where she made her official entrance into society. In the first instances the term was used more in the context of moving out into a homosexual society that supported them rather than wider society. But as the gay rights movement grew during the 60s and 70s, the term became used more to symbolize the movement into wider society and the demand for equality. Earlier uses of the term focussed more on the movement ‘out’, whereas after the movement towards gay rights, post-Stonewall, there was a dual focus not only on the act of moving out but also the negative effect of being in the closet and the notion of being ‘trapped.’ This might seem like ancient history but for many lawyers, there is both a personal coming out and a professional coming out to contend with. Lee Schreter suggests the potential effects on people of feeling unable to be out or to be their whole selves in the workplace are wide-ranging and serious, and name-checks substance abuse, anxiety, depression and suicide, particularly regarding the transgender community. “The LGBTQ+ community has gone from a period of a real high when marriage was legalized - we were all so happy about the recognition of our community - to the time of the election where

things have looked bleaker, certainly when you examine the state of the Supreme Court. Myself and others are really worried that the rights we have gained may be taken away, but the bright spot in all of that has been the progress made in the legal profession in the last ten years.” Lee thinks there’s a lot to celebrate in terms of the changes made in many firms, noting that when she started out on her career thirty years ago it would have been unusual to have firms include in their policies any protection based on sexual orientation or identification. She says that what doesn’t seem to be changing is the discomfort and unwillingness of people in law firms to self-identify. “I have heard anecdotal tales of people who have been out at law school and then at law firms have gone back into the closet. I don’t know why that’s happening - although it is hard to ignore rhetoric in the press,” Lee admits. “The transgender community has been hardest hit, and this has consequences not only for adults but kids, and that’s what I worry most about - this heated rhetoric is being watched by kids and teenagers and has lasting consequences.” For Lee, role models (like herself) have a crucial part to play - she notes that her own workplace coming out “could make it easier for someone coming up who doesn’t know what to do”. For real diversity in the legal profession, Lee says all individuals need to feel welcome and included, and this goes much further than pubD & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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TOP TIPS

Out Leadership’s top tips on how organizations can create an out and inclusive workplace Out Leadership’s Todd Sears, Founder

SET THE RIGHT TONE FROM THE TOP AND ENGAGE CEOS. When LGBTQ+ employees are asked about their priorities for creating an inclusive culture, almost all cite CEO visibility as an LGBTQ+ ally and visible LGBTQ+ role models. While speaking

out still carries risk in parts of the world, in other places there is a business risk to not speaking out on inclusion. What comes

through strongly from interviews with CEOs is how personal experiences – friends, family, and colleagues – have shaped their LGBTQ+ advocacy. In ensuring inclusion gets the board-level attention it merits, many highlight the importance of positioning

inclusion as a business issue that’s fully aligned with business objectives. These CEOs also stress dialogue with colleagues, often through ‘reverse mentoring’ by LGBTQ+ employees within their organizations to help leaders gain a better understanding of the experiences of LGBTQ+ colleagues and the particular issues they face.

CREATE CLEAR PATHWAYS FOR CAREER PROGRESSION. Almost all employees see employer commitment to LGBTQ+

programmes as very important in creating an inclusive culture. A key part of this is targeted leadership-development op-

portunities for LGBTQ+ leaders. It’s important to regularly monitor and review data on LGBTQ+ talent at each stage of the talent pipeline to identify the issues most in need of tackling (e.g., image, recruitment, promotion, or attrition issues). Regular tracking of progress against targets would also enable organizations to monitor whether policies to increase diversity are having an impact, and to take corrective action if not.

STAND UP AND ADVOCATE FOR EQUALITY. More than 90% of employees we surveyed believe that it’s important that their company is visibly engaged in LGBTQ+ equality, and leverages its reach to advance LGBTQ+ rights. Similarly, nearly 90% of

employees see the sponsorship of LGBTQ+ organizations as important in creating an inclusive culture. It is useful here, when thinking about companies that operate in LGBTQ+ unfriendly regions, to refer to the 2016 Center for Talent Innovation survey on the matter, which divides companies into distinct levels, or categories, of corporate engagement. Those that obey the laws

in place are called ‘When in Rome’ companies – 24% of our employee participants say this describes their company. The next

level of corporate engagement, where a company’s policies supersede local law, but only within a company’s four walls, is

called the ‘Embassy model’ – 33% of employees say this describes their company. The third group are ‘Advocates’ for LGBTQ+ equality, which seek to effect change in cultural attitudes outside the workplace – 43% of our employees say this describes

their company. A company could operate in all three models simultaneously, depending on where in the world the question is asked, and the challenges or opportunities that exist in that region.

BUILD AND EMPOWER ALLY NETWORKS. LGBTQ+ networks can help create a more inclusive environment by fostering engagement, advocacy and communication. Non-LGBTQ+ allies are also important in fostering understanding, solidarity, and

advocacy. If an employee finds that they’re the only LGBTQ+ person on their team, it’s reassuring to know that they have allies

around them. Knowing colleagues would be supportive of them is the factor that many cite as the most important in encouraging them to come out within their organization.

CREATE INCLUSIVE COMMUNICATIONS. Communications should be inclusive of LGBTQ+ people internally and external-

ly. Many employees believe that their organizations talk about diversity and equality, but don’t always take sufficient concrete

actions; similarly, organizations may actively target or include LGBTQ+ people in their marketing and communications, but the

content may reinforce stereotypes or contain unconscious biases. A starting point is seeking to be neutral in areas such as not

assuming couples or parents are necessarily male and female. Embark on a full review of the language used in documents, policies, and advertising and marketing materials globally. Ultimately, inclusive communication is about understanding, authenticity, and giving people a voice, which requires engagement and dialogue.

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BEST PRACTICES

to Help Move the Needle Forward for the LGBTQ+ Community Greenberg Traurig’s Brian Duffy, CEO

WEAVE DIVERSITY AND INCLUSION INTO YOUR FIRM DNA / Our founders, more than 50 years ago, saw an opportunity to address a lack of tolerance in the marketplace and created a firm based and built upon inclusiveness, fairness, and au-

thenticity. Today, we stand proud with the LGBTQ+ community and those who support equality for all. Our commitment to supporting LGBTQ+ equality is part of our core values and something that will be part of our legacy, therefore the inclusion of the next generation of firm leaders is a key component of our approach.

SET THE RIGHT INCLUSIVE TONE FROM THE TOP / We believe it is important that the leaders of the firm set an example for

the entire organization. As part of this philosophy, I joined the Out Leadership Global Advisory Board and the firm serves as

one of two global sponsors of the organization. From 2015 to 2017, the firm hosted Out Leadership’s U.S. Summits and others

in the firm, including Executive Chairman Richard A. Rosenbaum, and Co-Presidents Ernest L. Greer and Bradford D. Kaufman, among many others, have spoken or otherwise taken part in related events. In addition, firm shareholder John Richards serves on the Out Leadership Council.

PUT INITIATIVES IN PLACE / Our LGBTQ+ Affinity Group allows for constant communication between our LGBTQ+ attorneys, allies, and firm leadership. This creates a positive environment where our LGBTQ+ attorneys are involved with key organizations important to the community and to our clients, as well as recruitment and pipeline opportunities. For example, we are involved in Out Leadership’s OutNEXT Global Summit, which includes the participation of Greenberg Traurig LGBTQ+ as-

sociates. We also support the community by working with organizations on a pro bono basis to address the countless legal

issues that are critical to the community. The best part of all this is that it makes a difference in real people’s lives. We are

extremely proud of what we are doing and always strive to do more to encourage, inspire, and empower others to join us in this endeavor.

SUPPORT YOUR LGBTQ+ LAWYERS TO BRING THEIR WHOLE SELVES TO WORK / We believe that we have a responsi-

bility to be a strong ally and a vocal advocate for those who face discrimination or otherwise do not have a seat at the table. There is no doubt that diversity and inclusion have real value — not just in principle, but also for a business’s bottom line. We

have seen this value first-hand, which is why we continue to work diligently and boldly to create, promote, and support an environment where no one must hide who they are. By encouraging everyone to embrace their individual identity, it enhances morale and productivity, strengthens client relationships, and it makes us a better firm to the benefit of all.

CLIENTS CAN HELP ENSURE EQUALITY / Having firm leadership involved and invested are critical elements in achieving

the results you want but client involvement and commitment to diversity are also part of this successful equation. We regularly work closely with clients on innovative diversity and inclusion programs that have the potential to affect people and businesses positively for decades to come.

NAVIGATE A FIRM-WIDE CULTURE IN REGARD TO INCLUSIVITY / We are fortunate to have LGBTQ+ people at every level of the firm. Negative voices do not deter us and we are not driven by trends. We support LGBTQ+ attorneys and allies

through leadership in several organizations. We have held, sponsored, or taken part in events from Miami to New York City

and London, as well as throughout Latin America. Diversity and inclusion are global issues – we use our platform of 39 offices worldwide to work locally and thereby have the greatest impact.

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lic-facing statements, especially if LGBTQ+ people are treated privately in a derogatory way. Crucially, Lee suggests that for a workplace to really be inclusive, people need to see other people like themselves. “This is not just an issue for the LGBTQ+ community: it covers every aspect of diversity. If you don’t see people in leadership positions who look like you, that sends a not-too-subtle message that those opportunities may not be available to folk like you.” She recounts a time at Littler when she first saw evidence of inclusivity. “When I was joining we had a dinner as part of the interview with eight openly gay shareholders. To be able to

and looking at each of the markers of success such as compensation levels and elevation to non equity or equity partner at law firms.” There is more work to be done, but Lee suggests maybe that work will fall to companies and law firms who could be at the leading edge of progression rather than the current administration and politicians. For young LGBTQ+ individuals, Lee cites the importance of organizations such as The Trevor Project which is an outreach site for those who may be questioning or thinking about suicide in the gay community and a place where people post videos to encourage young people that it all gets better.

This is not just an issue for the LGBTQ+ community: it covers every aspect of diversity. If you don’t see people in leadership positions who look like you, that sends a not-too-subtle message that those opportunities may not be available to folk like you. attend with my wife was such a huge thing. What was important to me at that time was being able to see that there were successful lawyers within Littler who had done really well in the Littler system and who felt that they were part of the firm. You can’t underestimate that.” So, the question is what can organizations, law firms and groups like MCCA do to practically further inclusion for LGBTQ+ employees? Lee says it is fundamental that all diverse communities are not left out of the discussion, because when you ignore a community you service it says to that community that they don’t matter. “I think we have to continue to study each of the dimensions of diversity, whether you are looking at a person of color or a lesbian, as to how your firm is faring in opportunities for leadership roles, 44

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Lee says, “Our proudest moment at Littler was when we pulled together a group of our lawyers to talk about all the opportunities there are available to young LGBTQ+ people in the legal profession.” She also mentions Out Leadership (a global LGBTQ+ business network whose mission statement is to connect out leaders and companies with talent, to transform organizations and compete on social purpose) and OUTWomen as organizations that are directed to those LGBTQ+ folk who are in higher level leadership positions. “OUTWomen focuses on lesbians and bisexual women who have different challenges than a gay man may have. You can have a gay gathering of the gay community and less gay men of color and lesbians. White

straight women and lesbians both encounter gender discrimination which can be a double or triple whammy; that’s an issue that impacts women in the workplace.” What of the business case to coming out (or not) of the closet? Out Leadership recently ran a study Out to Succeed in conjunction with PWC which showed many respondents felt their

of ethnicity and gender, but that this sort of approach is just the first step. “Employees from diverse groups also need to see that there are pathways for success for people like them within the company, and they need substantive and effective access to opportunities for professional development, mentorship, and sponsorship.” Inclusion, Todd says, is a lot harder to measure,

The most important work we do is look at our LGBTQ+ pipeline, asking how we can make sure LGBTQ+ individuals are offered the work assignments, development and sponsorships they need to be successful at the firm. companies were not leveraging the business advantages of being an LGBTQ+ inclusive employer. Out Leadership founder Todd Sears suggests that, as much as most large multinational companies now understand that diversity & inclusion is a broad business driver, there are still lots of opportunities to translate that understanding into action. “In our study, 60% of employers say they take steps to create a pathway to senior management for LGBTQ+ employees, but only 43% of the employees we surveyed say they see such pathways. That disconnect is LGBTQ+ people and other members of historically marginalized groups including women and ethnic minorities, who can easily see the difference between superficial approaches and thoughtful, strategic approaches on diversity, and they’re calling for companies to invest in the latter.” ‘Diversity and inclusion’ is a catchy term but there is a need to recognize that both are significantly different goals. Todd admits that diversity is relatively easy to measure, particularly in terms

but it’s also what helps organizations take full strategic advantage of diversity, and not just window-dress. As to inclusivity regarding the LGBTQ+ community within the legal profession, Todd says that law, like all professional services industries, is subject to systemic and structural barriers that prevent members of underrepresented minorities from advancement. “On a global basis, there are certainly still concerns about the prevalence and influence of “old boys’ networks” in terms of who rises to the top levels in elite law firms.” But he notes that the legal profession was a first mover when it came to recognizing that discrimination against LGBTQ+ people is bad for business. “Many of Out Leadership’s most dedicated and engaged member companies, including Greenberg Traurig and Ropes & Gray, are global law firms. The smartest people in the corner offices of the legal profession understand that LGBTQ+ talent is completely vital to their competitive positioning in the marketplace, and you can’t say that about every industry.” D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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HOGAN LOVELLS ON LGBTQ+ AT WORK

Hogan Lovells Leslie Richards-Yellen, Director of Inclusion-Americas and Bendita Cynthia Malakia, Senior Inclusion Manager on Best Practice ___________________________________________ Do more than talk the talk As a global firm we are supportive of LGBTQ+ col-

leagues around the world but there can be structural

and legal issues in certain jurisdictions. We launched Pride+ to find a framework where all colleagues can celebrate LGBTQ+ inclusion without danger.

Our Pride+ initiative was launched in May 2017 in

order to unify and show broad support for LGBTQ+

people. The firm has devoted resources to diverse lawyers and diversity leaders around world. Stonewall

provides the framework for Pride+ which looks at how you can speak up for LGBTQ+ people, and the

ways in which you can and should be out and open, to lobby and ally and how to increase inclusiveness.

The framework has had remarkable success - the

framework and ally guide has included much-needed extensive definitions around terms (which are still

shifting) but that have given us a core of definitions for LGBTQ+ people.

Our Pride+ network provides a structure to protect

the activities of LGBTQ+ lawyers and staff throughout the world, so they can feel mentored and protected where they are. The network is for allies and LGBTQ+

so no one can make assumptions about what you are, and this is a great way around structural obstacles. Events Matter We have had a lot of success with regional events,

even in places like Moscow. It’s about making people

comfortable at work. We are active with Out Leadership and we have run a number of events supporting

National Coming Out Day. We want to make sure

people can be out in the office, even if not elsewhere. 46

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Invest in pipeline and development The most important work we do is look at our

LGBTQ+ pipeline, asking how we can make sure

LGBTQ+ individuals are offered the work assign-

ments, development and sponsorships they need to be successful at the firm. This work is led by our CEO Steve Immelt.

Identity is crucial In many circumstances you may have to declare

gender. In the US, everyone who has elected LGBTQ+

has self-identified in our system, but I think in terms of professional development, self-identification is not

only what matters because if people suspect you are LGBTQ+, then that can have an impact on you. Todd

Sears, the CEO of Out Leadership has a really great radar for LGBTQ+ people. There’s an impact even

when you just suspect someone is LGBTQ+; unconscious bias exists for everyone everywhere.

All sorts of norms we attribute to different sets of

people make a difference. A lot of this is conflated with gender; if a man is viewed as too feminine then

he may not get benefit of male privilege; for women

if you don’t conform to or retain gender expression

norms, it can result in bias. If there’s a speaking engagement and someone decides an LGBTQ+ man

may not have gravitas, or if there is uncertainty as to how clients will react, or if there is a question of

whether LGBTQ+ folk can be included in tradition-

al social activities; a lot of factors can conflate with

gender expectations. We need to be aware of making sure such biases do not affect professional development for ALL of our lawyers. The Power of Naming We recently rolled out the option for firm personnel

to add the gender pronouns they prefer to use in their

email signature block; we feel this initiative shows

how we are supporting our people to be who they are in the workplace.

Everyone has the option to identify the pronouns

of their choice, including the use of gender non-bi-

nary terms such as: ‘they’, ‘ze’, ‘sie’, ‘zir’, ‘co’, and ‘ey’, or

Be a role model

and just wish to be called by their name.

Kentucky, Bendita held a presentation about being

personnel can identify that they do not use pronouns This allows LGBTQ+ individuals whose gender

expression may not correspond with their gender

identity to allow others to know how to refer to them. Identifying proper pronouns is also helpful for indi-

viduals across boundaries and cultures: for example, for those with names that can be associated with

multiple genders leading to wrong assumptions about gender identity.

At our business support center in Louisville,

out at work. “The reaction was immense; I had a

number of meetings with our business services professionals in that office and I discovered so many of

them joined the firm because we were so out and open and supportive of the LGBTQ+ community.” Keep the faith Our center in Louisville is largely millennial - our

Even though individuals in some of our global

younger generation has greater numbers of LGBTQ+

being fully ‘out’ at work due to cultural and legal

things are progressing, although now federal and

tive available shows them that they work at a law firm

find so much comfort in going to work in a place that

communication barriers among people.

yourself and not be fired. This is incredibly important.

offices may not be able to take full advantage of

individuals and they have grown up in a world where

issues regarding LGBTQ+ identity, having the initia-

local administration might challenge all that. But they

that supports them. Ultimately, this is about easing

will support them and their peers, where you can be

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Thank You to Our Generous Sponsors and Strategic Members MCCA would like to thank our generous G-TEC Sponsors and Strategic Members for their contributions and making this year’s G-TEC in San Francisco a huge success! We honored MCCA’s 2019 Rainmakers, hosted the Pitch Session Network which allowed in-house counsel to connect with diverse law firm partners at majority owned law firms, and learned about the latest tech disruptions in the practice of law. Thank you again for amplifying our message that #diversityinclusionequity can be achieved in tech by working together!

STRATEGIC MEMBERS

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PITCH SESSION NETWORK DINNER SPONSOR

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D&B/TALK

PAYING IT FORWARD Anne Lee Benedict, Summit Materials By Catherine McGregor

IN THIS REGULAR FEATURE, WE ASK A SUCCESSFUL FEMALE OR DIVERSE ATTORNEY TO REFLECT BACK ON THEIR PROFESSIONAL JOURNEY, AIMING TO USE THOSE REFLECTIONS AS A TOOL TO ADVISE YOUNGER LAWYERS ON HOW THEY SHOULD MANAGE THEIR CAREER. This time we speak to Anne Lee Benedict, Executive Vice President, Chief Legal Officer and Secretary of Summit Materials, a major construction materials company headquartered in Denver, Colorado. Before joining Summit Materials in 2013, Anne was a corporate partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. She began her legal career with Chadbourne & Parke in New York in 1999. Anne is Chair of MCCA’s N-Gen Advisory Board whose aim is to help the next generation of younger lawyers support the mission of promoting greater inclusion and diversity in the profession. Diversity & the Bar: What first made you want to become a lawyer? Anne Lee Benedict: Honestly, I did not go to law school because I necessarily wanted to become a lawyer at all; rather, I hoped that the training would enable me to develop a foundation in skills that would then open doors to possible career paths. There was a chance that maybe I would like practicing law too! It turns out I enjoyed practicing law tremendously, first as a transactional lawyer in private practice, and now in-house. What I find most rewarding is the opportunity to work to find solutions to meet clients’ needs. D&tB: What were the key steps you took in first achieving success as a lawyer and what was most useful to you in these? ALB: As a young lawyer, I worked alongside people with a wide range of working styles and I

really paid attention to how they each did things, focusing on what I thought were the strengths that each presented. I really tried to learn everything I could from them, and to learn from every mistake I made and not repeat it. The real key was finding those senior lawyers who deemed it worth their time to take an interest in my development. I have had the good fortune of working with incredibly talented lawyers who also are just wonderful people, from whom I learned so much. Without them, I most certainly would not be where I am. D&tB: Is there one professional failure or challenge that you now can see was actually helpful in shaping your career? ALB: I try to do better every day, and I think every setback — minor or major — presents an opportunity. I also subscribe to the “things happen for a reason” philosophy of thought. I try to look forward, informed by past experiences. D&tB: As Chief Legal Officer at Summit Materials, you’re operating in an industry (building materials) that was traditionally male-dominated. Has that produced either opportunities or challenges for you in your role? ALB: I would say it’s offered more opportunities for growth for the company, in that we have diversity of perspective, which includes my perspective as the only female, non-white member of the executive team. And yes, Summit is maleheavy, but I am thrilled that three of our nine directors are women. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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THANK YOU

FOR YOUR SUPPORT

THE MINORITY CORPORATE COUNSEL ASSOCIATION (MCCA) ACKNOWLEDGES THE SUPPORT of the following law departments and law firms whose financial contributions have helped our mission to advance the hiring, retention and promotion of diverse lawyers in the legal profession. MCCA 2019 STRATEGIC MEMBERS

CORPORATE MEMBERS

Darden Restaurants

IBM Corporation

3M Company

Dell Inc.

Ingersoll-Rand PLC

A. Schulman, Inc.

Discover Financial Services

Intel Corporation

AARP

Eaton Corporation

International Paper Company

AbbVie

eBay

JAMS

Abercrombie & Fitch

Entegris, Inc.

JM Family Enterprises, Inc.

Allstate Insurance Company

Entergy Corporation

Johnson & Johnson Services, Inc.

Altria Client Services, Inc.

Exelon Corporation

JPMorgan Chase & Co.

Amazon.com, Inc.

Exxon Mobil Corporation

Kaiser Permanente

Ameriprise Financial

Fannie Mae

KeyCorp

Autodesk, Inc.

Federal Home Loan Bank of Pittsburgh

Liberty Mutual Insurance Company

BIC International

First Data Corporation

LPL Financial LLC

BNY Mellon

Flowserve

Marriott International, Inc.

Bristol-Myers Squibb Company

Football Northwest LLC

MassMutual Financial Group

Cantor Fitzgerald

Freddie Mac

Merck & Co., Inc.

Capital One

Fujitec America, Inc.

MetLife, Inc.

Carter’s, Inc.

Gap Inc.

Microsoft Corporation

CBS Corporation

Genentech, Inc

Mondelez International

Ceannate Corp

General Electric Company

Morgan Stanley

Chevron Corporation

General Motors

MRO Corporation

Choice Hotels International, Inc.

GlaxoSmithKline

Nationwide

CIGNA Corporation

Google LLC

New York Life Insurance Company

Citigroup Global Markets Inc.

Honda North America, Inc.

NFM Lending, Inc.

Comcast NBCUniversal

Honeywell International

Nokia

Converse, Inc.

HP Inc.

Northrop Grumman Corporation

Cox Communications, Inc.

Huntington Ingalls Industries, Inc.

Nuclear Electric Insurance Limited

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D&tB: MCCA research has shown that women of color face greater challenges in the profession than white women or men of color - does that ring true with your own experiences? ALB: I do not think the intersectional aspect of being a woman of color can be ignored. I do not know if this is more acute in our profession than it is in business, or frankly, in society generally. D&tB: Do you have any thoughts or advice on how best to deal with biases, whether conscious or unconscious? ALB: I wish I did. One thing that I find valuable is talking candidly with allies about the additional layers of processing that we as diverse lawyers go through. It’s been fascinating to learn that there are things I think about that my white male friends, or even white female friends, do not. And I like to think that bringing our allies awareness of this is helpful to them and to diverse colleagues. D&tB: What, in your opinion, can and should law firms and legal departments be doing in regards to extending the pipeline for diverse entrants? What would be your top practical tip to achieve that? ALB: Unconscious bias awareness training is fundamental and, I think, where teams should start their journey. D&tB: The pipeline is one thing but all diverse attorneys can face challenges in moving into leadership. Are there any key practical tips you would give a younger female diverse lawyer who wants to become a general counsel? ALB: Specifically for younger female diverse lawyers, I think that it is important to be cognizant of the possibility that people who do not know you may project preconcieved ideas about you, which may or may not be consistent with who you are (or how you view yourself). And you may need to look for ways to give people an opportunity to see who you are and what you bring to the table. I think this comes up for women of color more frequently than for others. While I would caution against being pre-occupied by this, I do

ANNE LEE BENEDICT

think a level of awareness is warranted. Another thing - and I think a lot of people talk about this as between men and women - but truly, you do not need to be an expert in every single thing listed in the job description to have a shot. But if you don’t apply, you definitely won’t get that shot. D&tB: You’re Chair for MCCA’s N-Gen advisory board. Do you think that future generations are more cognizant of inclusion and diversity? Are there ways the legal profession should harness that? ALB: I find the breadth of engagement among younger lawyers very encouraging, and I thank those who came before for laying a deep and strong foundation for the broader engagement we see now. D&tB: Finally, with hindsight, what would be the one piece of advice you’d give your younger self? ALB: Be kind to yourself. This is the advice I give to my child most regularly, so I guess it is the one piece I would give my younger self! I have found that, for me, this mindset encompasses many of the other bits of advice I try to live by. It really goes to how one approaches one’s interaction with the world. D & B M A G A Z I N E S P R I N G I S S U E 2 0 1 9 | W W W. M C C A . C O M

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Pearson Education, Inc.

Cozen O’Connor

Murphy & McGonigle, P.C.

PepsiCo Inc.

Crowell & Moring LLP

Nixon Peabody LLP

Porzio Life Sciences, LLC

Davis Wright Tremaine LLP

Premier Media Inc.

Dechert LLP

Norton Rose Fulbright US LLP

Prudential Financial, Inc.

Dentons US LLP

QBE North America

Dorsey & Whitney LLP

Quest Diagnostics Incorporated ReSources USA, Inc. Salesforce.com, Inc. Sempra Energy Shell Oil Company State Farm Mutual Automobile Insurance Company Summit Materials Inc. The Vanguard Group, Inc. Thermo Fisher Scientific Twitter, Inc. UnitedHealth Group United Services Automobile Association, Inc. “USAA” Verizon Communications Visa Inc. VMware Inc. Walmart, Inc. Waste Management, Inc. Wells Fargo & Company Xerox Corporation

Drinker Biddle & Reath LLP Duane Morris LLP Epstein, Becker & Green, PC Eversheds Sutherland (US) LLP Faegre Baker Daniels LLP Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Fish & Richardson P.C. Fisher & Phillips LLP Friedman Kaplan Seiler & Adelman LLP Groom Law Group Hamilton, Miller & Birthisel, LLP Harrity & Harrity, LLP Haynsworth Sinkler Boyd, P.A. Hogan Lovells LLP Husch Blackwell LLP Imperium Patent Works LLC Innis Law Group LLC Jayaram Law Kasowitz Benson Torres LLP Kaufman Dolowich & Voluck, LLP

Yazaki North America, Inc.

Kobre & Kim LLP

LAW FIRM MEMBERS

Levine Lee LLP

Akin Gump Strauss Hauer & Feld LLP Anderson Kill P.C. Arent Fox LLP Axinn Veltrop & Harkrider LLP Barta, Jones & Foley, P.C. Beveridge & Diamond PC Blank Rome LLP

Kopka Pinkus Dolin Littler Mendelson P.C. Loeb & Loeb LLP LTL Attorneys LLP Manatt Phelps & Phillips LLP Marrero & Wydler Massey & Gail LLP McDermott Will & Emery LLP

Boies Schiller Flexner LLP

McGuireWoods, LLP

Brown Law Group

MDO Partners

Buchanan, Ingersoll & Rooney, PC

Miles & Stockbridge P.C.

BuckleySandler LLP

Miller Law Group, P.C.

Burns White LLC

Mitchell Silberberg & Knupp LLP

Chen Malin LLP

Morgan, Lewis & Bockius, LLP

Cooley LLP

Munger, Tolles & Olson LLP

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Nossaman LLP Orrick, Herrington & Sutcliffe LLP Parker Poe Paul Hastings LLP Pearne & Gordon LLP Pepper Hamilton, LLP Pirkey Barber PLLC Proskauer Rose LLP Quarles & Brady LLP Reed Smith LLP Richards, Layton & Finger, P.A. Rooney Rippie & Ratnaswamy, LLP Saul Ewing Arnstein & Lehr LLP Schiff Hardin, LLP Seyfarth Shaw LLP Sheppard, Mullin, Richter & Hampton LLP Shook, Hardy & Bacon LLP Skadden, Arps, Slate, Meagher & Flom LLP Sterne, Kessler, Goldstein & Fox, P.L.L.C. Stevens & Lee, P.C. Stinson Leonard Street LLP Sullivan & Cromwell Taft Stettinius & Hollister LLP Thompson Coburn LLP Troutman Sanders, LLP Vinson & Elkins LLP Willenken Wilson Loh & Delgado LLP Williams & Connolly LLP WilmerHale Womble Bond Dickinson (US) LLP Young Conaway Stargatt & Taylor, LLP BECOME AN MCCA MEMBER TODAY. Take advantage of member bene-

fits from professional development,

research, networking and thought leadership resources. Learn more about our membership benefits and new initia-

tives at www.mcca.com/membership.

NOW AVAILABLE 2018 REPRINTS

Change is

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Everyone will change . Everything must chan ge.

MCCA 19LGBTQ+ th in the workplace Annual acceptance General Cou has been advancing. Butnse how canvey we201 l Sur 8 | Divers ity Gala | ensure this stays on track? Creatin

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