Issuu

Creating Pathways to DiversityÂŽ | Rising Star Academy | Ally Who? | Culture Change - Barclays

CONTENTS

WINTER 2019/2020

FEATURES

STAPLES

16 CHIEF DIVERSITY OFFICER -

05 | LETTER FROM THE EDITOR

HARDER THAN IT LOOKS?

The role of the Chief Diversity Ofﬁcer has been increasing in importance as D&I becomes closer to the norm. During our recent Pathways Conference, we spoke to four leading Chief Diversity ofﬁcers on getting to grips with the role. By Catherine McGreggor

08 | PAYING IT FORWARD

Our first International Employer of Choice Award was awarded to Nokia. Chief Legal Officer, Nassib Abou Khalil reflects on his own experiences and how these have helped him shape Nokia’s inclusive culture.

14 | ACROSS CULTURES

ALLY WHO? 25 How can non-diverse colleagues help make a difference in big and

small ways? We ask some leading inclusion champions for their top practical tips for allyship in the workplace. By Catherine McGreggor

30 MCCA’S CREATING PATHWAYS TO

Personal experiences on parental leave in Denmark, Austria and the United States.

66 | CULTURE CHANGE: BARCLAYS

Catherine McGregor takes a look at the unique role the Barclay’s team have as inﬂuencers, both internally throughout the company and beyond.

DIVERSITY® CONFERENCE AND GALA 2019

Over 400 lawyers from in-house and law ﬁrms joined us in New York to discuss how to make the profession diverse and inclusive. We also ask award-winners on what drives their quest for change. By Catherine McGregor and Jodi Bartle

CONTRIBUTE TO D&B

74 STATE FARM – RISING STARS ACADEMY

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

What happens when a company decides to step out of its comfort zone and seek out the best diverse talent in new ways, instigated by an MCCA Pathways pitch? By Catherine McGregor and Jodi Bartle

ALSO

COMMUNITY VIEWPOINTS

12 | THOUGHTS ON D&I

61 | INDIVIDUAL VS. INSITUTION

81 | BUILDING A LEGACY

Financial, Inc, on his perspectives on

vidual vs Institution in regards to how we

Ofﬁcer and Litigation Partner at Cozen

Tim Harris, General Counsel at Prudential enhancing D&I.

Bendita Cynthia Malakia considers Indievaluate D&I initiatives.

Lynne Espy Williams, Chief Diversity O’Connor talks on her dual roles.

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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D&B MAGAZINE PUBLICATION STAFF

EDITOR-IN CHIEF Catherine McGregor

DESIGN/ART DIRECTION Elfatrany Design

PRESIDENT, MCCA ADVISORY PRACTICE Sophia M. Piliouras

CONTRIBUTING EDITOR Jodi Bartle

MCCA® STAFF Sherla Allen Felipe Braga Lang Chen

Lauren Hossfeld 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

Copyright® 2020 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.

NOTES

FROM THE EDITOR

ELCOME TO OUR WINTER ISSUE FOR 2019/2020. This issue features our coverage of MCCA’s Creating Pathways to Diversity Conference (the “Pathways conference”) and our Diversity Gala, both of which are key convening and fundraising events for us. The Pathways conference allows MCCA members and supporters to meet and discuss key ideas around diversity and inclusion as well as the opportunity to share best practices. The overall tone of this year’s conference was turning discussion into action and the role that clients have to play in ensuring this happens. A number of the panel discussions emphasized clients needing to really dig into who was getting credit for the work being done for them: both in terms of money and origination credit. Diversity and inclusion in the profession has to be about progression for diverse lawyers and that is best brought about by getting the credit for work and being seen as an asset to the law ﬁrm as a business. The message was very clear that clients have to join the dots and literally put their money where their mouth is. This need for action was also reﬂected in a number of the interactive sessions such as the workshop on getting beyond the resume, as well as the pitch session networks, all of which can literally transform a diverse lawyer’s career. The transformative effect of client action on inclusion for individual diverse lawyers was another theme running throughout the conference. Our feature on State Farm’s Rising Star initiative highlights the work of a legal team committed to increasing diversity in the legal profession through providing meaningful opportunities for diverse attorneys to compete for and obtain the best client work. The company recognizes that the success of diverse attorneys attracts others into the profession and thus, the legal community ultimately becomes more representative of the population it serves. To that end, State Farm created the Rising Star Academy to expose invitation-only participants to State Farm’s

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Thank you for an unforgettable Diversity Gala!

STRATEGIC MEMBERS

BENEFACTORS

CHAMPIONS AIG

Duane Morris LLP

Pillsbury Winthrop Shaw

Akin Gump Strauss Hauer & Feld LLP

Littler Mendelson P.C.

Pittman LLP

Locke Lord LLP

Reed Smith LLP

Amazon.com, Inc.

Morgan, Lewis & Bockius LLP

Ripple

Arnold & Porter LLP

Nokia

Ballard Spahr LLP Comcast Corporation

Paul, Weiss, Rifkind, Wharton & Garrison LLP

Sheppard Mullin Richter & Hampton LLP

Debevoise & Plimpton LLP

Pfizer Inc.

Simpson Thacher & Bartlett LLP

Barnes & Thornburg LLP

Hannah Lim-Johnson

Oâ€™Melveny & Myers LLP

CBS/Showtime

Holwell Shuster & Goldberg LLP

Patterson Belknap Webb & Tyler LLP

Cleary Gottlieb Steen & Hamilton LLP

King & Spalding LLP

Proskauer Rose LLP

Estee Lauder Companies

Kirkland & Ellis LLP

Skadden, Arps, Slate, Meagher & Flom LLP

Exelon Corporation

Kirkland Hicks

Sullivan & Cromwell LLP

Exxon Mobil Corporation

Kobre & Kim LLP

USAA

Greenberg Traurig, LLP

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Sidley Austin LLP

CONTRIBUTORS

culture, history and key business and legal leadership. The next article preview from our ongoing Case Studies partnership with Paul Hastings continues this theme of cultural transformation. In this excerpt we consider the work Barclays Legal Team is undertaking globally to transform attitudes towards work and wellbeing with the launch of their Mindful Business Charter. The charter is a partnership between leading clients such as Barclays and law firms to produce a more thoughtful working culture designed to mitigate against stress, wellbeing and mental health issues which can be rife in high pressure industries such as professional services. The partnership element is further enhanced by Barclays Diversity and Inclusion Consortium where Barclays works with key law firms on its panel to collaborate on driving change together. Working together for change has been a significant focus for us at MCCA over recent years and this continues as we unveiled our new mission statement for 2020: #RiseUnited at this year’s Diversity Gala. The Gala also presented an opportunity to honor some of our members who are also tirelessly working towards change and partnering with organizations like MCCA. In our coverage of Pathways and Diversity Gala we interview our award winners: Employer of Choice: VISA; Thomas L. Sager Award winner: Sheppard Mullin; George B. Vashon Innovator Award winner: Thompson Coburn. We also feature interviews with our individual awards winners: Michelle C. Ifill, recipient of our Charlotte E. Ray Award, named after the first African American woman to be admitted to practice law in the US, and Kate Kendall, winner of the Paula L. Ettelbrick Award, named for the late LGBTQ+ legal pioneer. This year’s Gala also saw the inaugural International Employer of Choice Award to honor a legal team based outside of the US. The winner was Nokia and in this issue we feature its Chief Legal Officer Nassib Abou-Khalil in our regular Paying it Forward feature. Here, Nassib reflects on his journey from a childhood in war torn Sincerly,

Catherine McGregor Editor in Chief

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

D&B/TALK

PAYING IT FORWARD Nassib Abou-Khalil, Nokia

IN THIS REGULAR FEATURE WE PROFILE THE CAREER OF A LEADING DIVERSE LAWYER THROUGH THE LENS OF ADVICE THEY WOULD GIVE THEIR YOUNGER SELF AND HOW THEY WOULD PAY THEIR OWN CAREER LEARNING FORWARD FOR THE NEXT GENERATION. This issue we speak to Nassib Abou-Khalil, Chief Legal Officer at Nokia, MCCA’s first international member and the inaugural winner of the International Employer of Choice Award. Diversity & the Bar (D&B): Did you always want to be a lawyer or, if not, what led you to study law? Nassib Abou-Khalil NK: As a child I wanted to be a pilot! But I was fascinated by advocacy and drawn to a profession where gathering evidence, building an argument and thinking beyond the obvious is central. In short, it was an intellectual draw. Even then, I hesitated and first completed a BA in Political Sciences, simultaneously taking a theater class. In fact, at one point I hesitated between the law and the stage! In retrospect, I could not be happier about my choice, while deeply appreciating the other avenues I explored at the start. My advice to anyone considering law is not to worry if you came to it after considering, or even following, other careers. Your life experiences will enrich your personal life and will make you a better lawyer because they give you a more rounded outlook D&tB: You have stepped into the Chief Legal Officer role at NOKIA fairly recently. What have been your biggest learnings so far? NK: The first thing is how much we all depend on each other. Many people have supported 8

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me and believed in me and I cannot thank them enough. Second, I knew, of course, that the job of CLO is not just about leading a Legal and Compliance team, but also about being part of an executive team in a company of approximately one hundred thousand people. But there’s a big difference between knowing that and experiencing it! Not a day passes on which I don’t think about my responsibility and accountability to every one of Nokia’s employees and reflect that my decisions and actions can have an impact on their lives. Third, I have always been aware of the ability of big companies like Nokia to influence the corporate world and legal profession by advocating positive change on topics like inclusion and diversity. Again, this isn’t new, but the extent to which the ‘CLO’ job title increases my visibility and influence came as quite a shock. I always seek to be not only authentic and true to myself but also to remember the responsibility that comes with being a diversity advocate in my position. D&tB: You spoke during your acceptance speech for the MCCA International Employer of Choice Award very movingly about your experiences growing up in war-torn Lebanon. How has that experience shaped you as a leader? NK: The practical and physical aspects – hiding

NASSIB ABOU-KHALIL

from bombs and bullets; sleeping in improvised bomb shelters; not having electricity or running water – are certainly important. But more vital, I think, was seeing people hate and kill each other because of their differences. That had the most enormous impact on me. It inspired me to aspire to help create a better world: where differences are celebrated and embraced; where people are free to be proud of who they are, and to live alongside each other in harmony and peace; where no one feels demeaned because of their identity or because of their beliefs or values. As a result, I reﬂect that, as a leader, I am truly privileged to be able to inﬂuence my immediate work environment and beyond, to make the workplace truly inclusive, and to ensure and promote equal opportunity.

At the same time, we talk so much about the pain of growing up in a place at war. But there is so much I love about Lebanon: its ancient history, the majestic temples that adorn its plains, the mighty forests that populate its snow-crowned mountains, its culture of hospitality, artistic endeavor and intellectual enquiry. It’s not only the negative influences that shaped me, but also the positive. We must fight to preserve and promote natural and man-made wonder wherever we find them and to help people appreciate and admire other cultures than our own. By doing this, inclusion becoming something we do, not grudgingly – because we have to, but joyously – because it enriches life and emphasizes what makes us human. D&tB: Nokia has introduced an ambitious D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

ﬁve-year action plan to level the playing ﬁeld and make leadership more diverse. As an LGBTQ+ leader and role model you are a visible example of the success of that commitment in action. Why is it important for companies to focus on greater diversity in leadership in strategic ways like this and not just rely on merit’ or change happening naturally?

suspect that people confuse true diversity with ‘tokenism’, but I can reassure everyone: in Nokia’s high-performing and highly committed, as well as highly diverse, leadership team, we are every bit as dedicated to achieving the company’s goals, providing great leadership and driving technological innovation as any more traditionally-composed team could be!

NK: It can be tempting to believe meritocracy will work things out naturally. That appeals to a sense of ‘fair play’, for a start. But it’s important to realize that the deﬁnition of merit in itself can be biased: it’s typically deﬁned and measured by whichever group is currently in charge. So what it often results in is a maintenance of the status quo. In the wise words of Kara Swisher, “It’s not meritocracy, it’s mirror-tocracy.”

D&tB: Do you feel you have certain responsibilities as an LGBTQ+ role model?

Focusing on inclusion and diversity can allow us to look at true merit and to give equal opportunities to people throughout the workplace. Having an I&D focus is also beneﬁcial for the performance of the company. Numerous studies speak of the positive effect of promoting diversity in ideas and outlook. Nokia’s culturally, gender and ethnically diverse leadership team is an example of how many perspectives can make problem-solving more effective. I 10

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It’s the ﬁrst time in my life I heard people refer to me as a “role model” and it took time for me to digest and accept this and the responsibly that comes with it. That means three things. First, I think it’s important for me to advocate for the LGBT+ community – which has suffered – and still suffers – considerable discrimination and misunderstanding. I hope to advocate for great inclusion of this community in all walks of life. Second, I feel I have a duty to help others, not just from similar backgrounds as myself, to succeed in reaching their goals. I am humbled to be a mentor or just a listening ear to many. Third, I feel a strong sense of responsibility to advance inclusion & diversity in its broadest

NOKIA IS LOOKING FORWARD TO CONTINUING TO BE AN ACTIVE MEMBERSHIP OF MCCA AND WORKING WITH THE MCCA TO HELP FURTHER INCLUSION AND DIVERSITY. WE ARE THE FIRST INTERNATIONAL MEMBER, BUT I AM SURE THERE WILL BE MANY MORE! sense, including for example gender inclusion and diversity.

portive of the work we are doing to advance

D&tB: How do you, as a leader, best foster inclusivity in the legal team? Are there particular challenges with Nokia operating on such a global basis?

Nokia and other suppliers to participate in its

NK: When I became CLO of Nokia, I decided that Inclusion & Diversity would be one of the three strategic pillars for the Legal & Compliance team. An example of how we brought this to life is the work we are doing in the Middle East and Africa region. In MEA we have 10 women in our team, based in the UAE, Saudi Arabia, Tunisia, Kenya, Nigeria and South Africa. We are working together with StrongHer – a Nokia grass-roots organization – to provide these women with development and growth opportunities along with assistance to help them, in turn, help develop other women. I am very proud of the work we are doing in the MEA region and beyond.

which opened up a new line of dialogue

Operating in a global space has its challenges, but these challenges fade away when I look at the beneﬁt of having a thriving and fully engaged inclusive and diverse team. In essence, we tackle and overcome the challenges, they are not an obstacle but an opportunity to have a dialogue, establish relationships and build bridges.

inclusion and diversity. For example, one invited

LGBT+ supplier day and I was fortunate to be invited on stage to speak about EQUAL!, our

LGBT+ employee resource group at Nokia, between the customer and our CEO.

Nokia is looking forward to continuing to be an active membership of MCCA and working with

the MCCA to help further inclusion and diversity. We are the ﬁrst international member, but I am sure there will be many more!

In turn, as CLO, I suggested to all our panel ﬁrms

that they join the MCCA Gala and show their

support for advancing inclusion and diversity in the legal profession. I cannot be grateful enough

to the many partners and associates who joined the Nokia team for the event. This was just the

start of the work we are planning to do with our law ﬁrms to help advance inclusion and diversity in the legal profession.

D&tB: Finally, would there be any advice you would give to your younger self?

D&tB: As Nokia is MCCA’s ﬁrst international member, how do you think clients can assist more practically with greater focus on diversity and inclusion throughout the legal profession globally?

NK: Well, there was the occasional disastrous

NK: Our customers have been remarkably sup-

you are’.

fashion choice in my teens – I would nip that in the bud! Aside from that, the best advice I could

give my younger self would be: ‘don’t ever let

anyone make you feel lesser because of who D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

D&B/TALK

COMMUNITY VIEWPOINT Thoughts on Diversity and Inclusion

By Magdalena Fleszar and Rita Nasr

THE RESPONSIBILITY TO PROMOTE AN ENVIRONMENT THAT VALUES DIVERSE BACKGROUNDS, EXPERIENCES AND WAYS OF THINKING DOES NOT SOLELY REST IN THE HUMAN RESOURCES DEPARTMENT. IN FACT, A COMPANY’S ENTIRE MANAGEMENT TEAM AND ITS EMPLOYEES ARE ALL ACCOUNTABLE FOR A WORKPLACE THAT’S INCLUSIVE AND APPRECIATIVE OF OUR DIFFERENCES. We interviewed Timothy P. Harris, Executive Vice President and General Counsel of Prudential Financial Inc. (PFI), to learn his perspectives on enhancing diversity and inclusion, particularly in Prudential’s Compliance Department. Magdalena Fleszar and Rita Nasr: What ﬁrst comes to mind when hearing the words “diversity” and “inclusion?” Tim Harris: The ﬁrst thing that comes to my mind when thinking about diversity and inclusion is “authenticity.” By this I mean how a culture that values diversity and inclusion encourages individuals to bring their authentic, “whole selves” to work each and every day. Our passions, backgrounds and history, our side projects and relationships, our partners and kids …. this is what makes us who we are. When we can bring “our whole selves” to work, we thrive professionally and personally. Employees are more motivated to come into work when they feel as though they have an environment that will allow them to thrive. And when employees are motivated, a company achieves a higher level of success. MF & RN: How does Prudential create and propel a welcoming environment, and what are the steps you’ve taken to promote diversity within LCBE (Law, Compliance, Business Ethics, and External Affairs.)? Tim: At Prudential, we’re always talking about 12

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

diversity and inclusion. Open dialogues are constant, and so are discussions about understanding each other. All of this brings richness to our environment and culture. In our Department, we like to say that diversity and inclusion is “in our DNA.” It’s what makes us who we are as a Department. And it is our way of attracting and retaining new and different talent. We accomplish this through our partnerships with organizations such as the MCCA and NADC, which help us build relationships, share ideas and best practices, and engage with thought leaders from around the country. And it’s these robust partnerships that help us turn our conversations into action. We also have internships, fellowships, mentorships, and other diversity programs that we consider pipelines to talent. It’s just a natural part of our environment. We have high employee engagement in these activities. Our commitment to diversity is something in which we all take a great deal of pride. MF & RN: What advice would you give to other companies looking to sustain a diverse workplace culture like Prudential? Tim: I have five specific suggestions. The first is to reflect. Reflect on and challenge the processes and practices within your own organization. Look with fresh eyes at the system you work in and ask whether there are things you are doing that result

– and when they get involved … to get involved even more! I truly believe that if you’re not fully engaged, you’re missing important opportunities. And if you’re not fully engaged, there’s no time like the present to get started. Speaking to Tim about his commitment to diversity and inclusion was a unique and special opportunity for us as we worked together to write this article. But seeing his thoughts put into action, most recently at our end-of-year Town Hall, was quite another way to truly understand his passion for our Department culture.

Tim Harris, General Counsel of Prudential

in excluding people or stiﬂing ideas; Second, make sure you understand and communicate the business case for diversity. Once you’ve communicated it, do it again … and again … and again …; Third, provide advice and assistance. Make a commitment to guide, mentor and support colleagues of diverse backgrounds. It will certainly pay off for you, your employees, your organization and your compliance and legal profession as a whole; Fourth, talk to people outside of your company about what you’re doing and why. We need everyone to understand the importance of diversity and inclusion and the opportunities it brings. This has to be a shared endeavor. Bring your ideas to the table, share your experiences, and hold each other accountable; Lastly, build partnerships with organizations like MCCA and NADC. By that, I’m talking about time, treasure and talent. At Prudential, we know we are better at what we do because of these partnerships. I’ve encouraged my team to get involved

At the Town Hall, we gathered to celebrate the end of 2019. Never one to “hold court” at the podium, this time, Tim turned the spotlight on the audience. With the house lights turned up, Tim asked the audience to participate in sharing different accomplishments over the last 12 months. The result? Dozens of individuals raised their hands to celebrate successful collaborations and projects, legislative wins, process improvements, community engagement and volunteerism efforts from all areas of our Department. It reinforced to us that diversity is not just a metric to be strived for; it means diversity of minds, ideas, approaches, and a culture where team members feel respected, valued and conﬁdent in their contributions. At that event, we stood together, proud of our work, colleagues, and company—and perhaps most of all, our Department that that encourages us, every day, to bring our best selves to work. MAGNA FLESZAR

magdalena.ﬂeszar@prudential.com

RITA NASR

rita.nasr@prudential.com

Magdalena Fleszar is a senior compliance associate supporting PGIM Central Compliance; Rita Nasr is a senior compliance associate supporting Prudential’s Workplace Solutions Group. Both Magdalena and Rita work out of PFI’s home campus based in Newark, New Jersey.

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

D&B/TALK

ACROSS CULTURES

Personal Experiences with Parental Leave in Denmark, Austria and the United States By Laura Jeffords Greenberg

MY EUROPEAN COLLEAGUES HAVE BEEN ASTOUNDED TO LEARN THERE

IS NO FEDERAL OR NATIONAL LAW GOVERNING PARENTAL LEAVE IN THE UNITED STATES. THEY FIND IT UNFATHOMABLE THERE IS NO REGULATION

REQUIRING OR GRANTING PARENTAL LEAVE - THAT PARENTS ARE LEFT UNPROTECTED AND UNASSISTED BY THE STATE.

Disclaimer: My knowledge of parental leave laws comes from my discussions with expectant colleagues while working in

Austria and my pregnancy leave in Denmark. As I am neither licensed to practice law nor ﬂuent in the native language in Austria or Denmark, my understanding of the laws comes from my personal experiences (and some Google searches).

In Europe, it is not a question of whether parental leave is granted but rather a question of how much parental leave is available to expectant parents as this varies from country to country. When considering the differences in parental leave laws between the countries in which I have lived (the United States, Austria and Denmark), I’ve come to see the parental leave laws as a generalized reflection of the country’s or at least those in power’s stereotypical attitudes towards women and gender roles in the family. For example, one of my most shocking discoveries while working in Austria was learning about required pregnancy leave. In Austria, women are prohibited from working 8 weeks prior to and 8 weeks after their due date. Prior to that point, I naively assumed all women could and did work up until they gave birth, as is commonly done in the United States. Anecdotally, I learned the length of maternity leave in Austria can be anywhere from one year to three years, with decreasing benefits (meaning if you take more time the benefit will be reduced proportionally). It was not uncommon for women to take one or two years, come back for several months and then go on pregnancy leave again to 14

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

have another child. The only requirement upon their return to work was that their company place them in a similar job (their exact position did not need to be kept open). In Denmark, the maternity leave rules give the mother the right to a total of 50 weeks of parental leave. I am entitled to an optional 4 weeks prior to birth and 14 weeks of leave after birth. Then, there are 32 weeks available where my husband and I can freely share leave between us. As for paternity leave, in Denmark, my husband is entitled to two weeks of leave during the ﬁrst fourteen weeks after the birth of the child and we can split 32 weeks after I have taken 14 weeks of leave. While we were living in Austria, I believe my husband could have taken a couple of days off after the birth. However, as of September 2019, all Austrian employers must allow fathers to take one month’s unpaid leave after the birth of their child, which is a big step forward for the country. In Denmark, women are expected to work and given the ability to choose whether they want to work up until their due date. This is in contrast to Austria where a woman is prohibited from working 8 weeks before and after the birth. In

Austria, I heard multiple stories from female colleagues about being forced out of work after having children because their male supervisors believed that a woman should be home taking care of her family rather than in the workforce. The paternalistic, protective requirement of women being forced not to work around the birth reﬂects many (but not all) of my experiences as a woman in Austria (for example, I had to have a signed letter from my husband allowing me to pick-up the keys to our rented apartment). In general, in Denmark, I’ve found that women are viewed as relatively equal to men. I am grateful to be given the choice of whether to continue working up until the birth. However, Denmark is not as progressive in their parental leave laws as they could be to support equality between men and women as primary caregivers. In addition to only receiving two weeks off after the birth, I, as the mother, must take the 14 weeks of maternity leave prior to my husband being able to take leave. While living in New York, my husband and I had disparate experiences reﬂecting the range of parental leave options in the United States. He worked for Spotify at that time we had our daughter and had the privilege to take a fully paid month of work off after her birth and took his additional 5 months of paid leave in three different segments. For him, the parental leave was best working for

a private, European-based technology company in the United States. Unfortunately, for me, like many American women, I had no parental leave beneﬁts as we moved to New York while I was pregnant. For me, the most generous and restrictive parental leave would have been in Austria, whereas I am given the most freedom of choice on how to take my leave, split it with my husband and pursue a career in Denmark. What stands out in this comparison of parental leave between the United States and European countries is that parental leave is most generous for those who are the most privileged in the United States (educated individuals working for multi-billion dollar tech companies), while in Europe it is a right granted to all women as well as, albeit in a more limited way, to men. To achieve gender equality, all countries have improvements to be made - some more than others.

LAURA J. GREENBERG

LAURAJG@UNITY3D.COM Laura is Senior Legal Counsel at Unity Technologies, where she oversees legal needs in EMEA and advises the Research & Development organization. She is a California-licensed attorney (and American) based in Copenhagen.

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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Chief

Harder Than It Looks

Diversity

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Ofﬁcer

The role of the Chief Diversity Officer has increasingly become a more important one as a more strategic focus on inclusion and diversity becomes the norm in many large organizations and law firms. Given the struggle to make an impactful lasting change in inclusion, the role of Chief Diversity Officer is a demanding one and one that is undergoing constant change. During our recent Pathways to Diversity Conference, we spoke to four leading Chief Diversity Officers about how the role has developed and is changing. Becoming a Diversity Leader Given the relative newness of the role of Chief Diversity Officer, the route to it has not been generally clear cut for many who now occupy the role, or even a career they would have considered if it had formally existed as an option. Erica Bolden, Chief Diversity Officer at Mercedes Benz US, was initially working in management consulting when consulting on inclusion and diversity started to become a concern for clients. Initially, she thought it was not a sustainable career as it would not be needed for long! Erica worked first at Korn Ferry followed by PWC, then Perkins Coie and now Mercedes Benz. John Lino of Reed Smith previously led the D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

firm’s global business and finance department and was head of their LA office. In filling the diversity officer position, the Managing Partner wanted someone who was both senior and who knew back operations of law firms and also knew how to get things done. John jokes that in taking this role, “I left the best job managing the LA office but moved to the most important job as diversity officer.” Melique Jones has been at Skadden for many years initially in marketing and communications. She remembers when the firm hired its first diversity and inclusion manager and being really excited that the firm made this commitment. Melique’s own passion for the area meant she took the initiative to add diversity communications to her job. While she was looking to grow her remit and experience she did not initially think of the Chief Diversity Officer role but realized that her knowledge of the firm and its culture could be a real advantage, as would her communications experience. As she states: “Communication is a critical piece for diversity officers.” Peter Wilson of Proskauer feels it was somewhat ordained that he would end up in the space as he recalls. “I can’t help but reflect on my father who was a pastor and who would quote Luke’s gospel: “To whom much is given, much will be expected.” “When I started practicing, I realized there was no one in the firm who looked like me.” Peter saw he could be very influential as an associate and joined diversity committees in developing strategic planning around diversity. Taking on a full-time role in diversity seemed logical, but also proved an emotional tug for a Peter, as he recalls. “Growing up in a small community as a black man becoming a lawyer was a big deal. Leaving the practice of law was therefore a big deal but my dad told me if you need to do something else with your life, then that’s what you need to do.” 18

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AN EXPANDING REMIT Given the role is growing and its remit is often not fully defined, what has most surprised our Chief Diversity Officers about the actuality of their roles? For Erica, taking on a role with a non-US headquartered company like Mercedes exposed her to much more global issues and differences, such as the fact that Europe’s definition of diversity is much more gender-based. As many managers in the company are expats from Germany, Erica has found a key challenge has been maintaining focus on diversity goals and developing these and making sure the focus is much more strategic than just arranging Taco Tuesdays. As Peter took his initial role at a firm he had already worked in, it was not so full of surprises but he says a challenge he did not expect was that he was going to be so individually involved in the individual lives of his associates. Similarly when Melique took over she had lots of conversations with associates as at that time Skadden did not have affinity groups. These conversations focused on what they felt was missing. “As time went on, the conversations that community events created helped us see there were lots of blank spots: for example, around parental leave for all parents and domestic partner benefits.” Looking at work allocation processes, Melique also found her role expanded globally as the focus on diversity became broader. CHANGING AND INFLUENCING THE CULTURE A key issue for diversity officers is ensuring that leadership sees this as their problem. How do you get leaders to buy-in and be inclusive

You still see the same challenges irrespective of sector. In professional services it was building diversity in partner ranks: in corporate it’s about building diversity through all the ranks and beyond, such as looking at the number of diverse dealerships we have. leaders? For John Lino at Reed Smith, it’s about being bold: “To predict the future, you must create it and if you have the culture right then everything else follows.” John feels a key infection point at Reed Smith was the introduction of their D&I program to all personnel. For John, a key cultural goal is making sure that the inclusion and diversity programming is aligned with the core goals of the business strategy for 2020, which are: “increased revenue; grow the brand; collaboration and retention and advancement of diverse talent.” But, John adds, “Diversity cannot be a stand-alone driver and instead has to be integrated into all aspects of your business.” A significant moment about the culture at Proskauer for Peter during his recruitment was realizing that the executive committee and the firm chair were committed. “Our Chair was the last interview I had and he was very open as to what he thought the firm needed to focus on and how it needed to be actions, not words. He made it clear that he would support me to make sure I was a leader in this.” Since he has taken up his role at Proskauer, a key focus in creating change has been helping people achieve small victories in inclusion and diversity. Melique feels that it’s the role of clients which have helped to bring leadership buy-in

and culture change at law ﬁrms. “Clients have helped people to get more curious and comfortable with these issues and this makes it fundamental.” John agrees that it’s important to balance D&I with business priorities and then to share successes and best practices. “It so obviously great to be known as a leader in this space and it keeps us all on our toes, causing us to continue to be innovative.” Erica says it’s key to share what works to create change. “You still see the same challenges irrespective of sector. In professional services it was building diversity in partner ranks: in corporate it’s about building diversity through all the ranks and beyond, such as looking at the number of diverse dealerships we have.” Erica feels it’s really key for organizations and their diversity leaders to commit to and own their narratives around inclusion and diversity. “For example, during Pride when we push out those rainbow colors on our marketing, it’s important to not censor and to stay true to what we believe in, even if certain customers might not be aligned with those views.” Melique agrees that commitment behind the role helps you act as a catalyst or as a positive force for change. What’s key, she adds, is that D&I doesn’t sit in a vacuum but impacts on every aspect of our business. “That means I have to feel there is no topic at the ﬁrm I cannot be part D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

of.” But this commitment is a two-way street as Melique emphasizes: “It’s really important that folks know I am in it for them and I choose to do this here because I care about this ﬁrm.”

holidays” says John, “and there’s an inclusion piece in engaging Jewish colleagues in a conversation about how they are respecting Yom Kippur.” Deﬁning and measure progress

GLOBAL PERSPECTIVES For most of our interviewees, a big sea change has been the increasing globalization of diversity. Erica’s strategy is for the Americas, but she is having conversations with her colleagues in other regions. Given the company’s expatriate management scheme and the fact they have recently moved their US headquarters from New Jersey to Atlanta, that has been a learning curve in messaging and transparency around how experiences may differ. Working for a global law ﬁrm, John feels it’s important to tailor the message for different countries. “In the UK we focus on everything we do in US; in the Middle East we focus more on gender and can’t speak as openly about LGBTQ+ issues. What constitutes diversity in Asia? One of our female Asian managing partners joked that diversity is taking a white male colleague out to lunch occasionally!” The global breadth of perspective for many law ﬁrms and corporates means that the diversity conversation also has to become much more nuanced. “We’re just had the Jewish High 20

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A key consideration in the diversity and inclusion field is keeping track of progress and that is a significant consideration for our diversity officers. As Peter Drucker said: “If you can’t measure it, you can’t manage it.” But the global perspective of the organizations we spoke to can also mean that you cannot measure the same statistics all over the world due to local laws. For Peter Wilson at Proskauer it’s a mix of quantitative and qualitative metrics and trying to assess the results of their D&I activities. “When we do exit interviews, we have very specific questions around D&I so that we can generate quite a lot of metrics around attrition statistics.” Melique Jones works closely with the client and accounting teams at Skadden as many metrics come from those functions. A significant area of focus for Melique is looking at the composition of client teams and publicizing successes for specific clients which have been achieved with very diverse teams. Having that sort of data means she can focus on operationalizing what the firm does with D&I. Peter notes that for them, the collaboration piece is key for gathering data. “When talking about stats

and data we do not own any of the data and it requires us to have strategic collaboration to make sure we get that. That collaboration can also empower teams to start looking at this and focusing on it in their own departments to make the business case for diversity.” ADVICE FOR ASPIRING DIVERSITY OFFICERS? Given the growth in the focus on diversity and inclusion in both corporates and law firms, the role of the Chief Diversity Officer is likely to continue to proliferate. What advice would these four diversity leaders have for those aspiring to work in the field? Melique shared that “the title of the discussion made me chuckle as it actually looks very hard as well as being very hard! It is a lot of blocking and tackling but you have to ensure a base line level of support in your organization to progress.” It’s key, before accepting a role, to ask the CEO for alignment in terms of what their expectation of the role is, she adds. “Make sure you understand what the organization wants to achieve and know what success looks like.” But it’s also a two-way street. “Leaders need to think about how to empower folks working in this space. Think about your succession planning and what the future leadership of your firm will

be like - you don’t want Groundhog Day for diversity with a new leader,” she says. Erica cautions that before you accept a position, “You need to carefully think about the organizational readiness and the need to be receptive to achieve even small progress. You also have to take the responsibility and accountability back to others; essentially driving for a top-down and bottom-up approach.” A topic for many at the MCCA Creating Pathways to Diversity Conference was the looming spectre of a possible recession. “It’s the unspoken words on all our lips,” says John Lino. “What happens if a recession hits - what’s ﬁrst budget that is going to get cut? Make the function invaluable and make sure it is embedded in all aspects of the business so that it can’t be cut.” John also feels that diversity ofﬁcers have to be empowered to tell uncomfortable truths: “When I took this position, I said to our Managing Partner, ‘You’re putting me in this position because I am going to say things you don’t want to hear.’” But that very push/ pull aspect of the role can be an important consideration before taking a role. Peter Wilson cautions that it is imperative to talk to people who are doing the role, particularly in the light of debates around wellness in the profession. ”These jobs can take a lot from you. Understand what you are doing and what you are capable of doing before you sign up.” D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

D&B/TALK

COMMUNITY VIEWPOINT Building a Legacy: Chief Diversity Officer and Partner By Catherine McGregor

LYNNE ESPY-WILLIAMS IS CHIEF DIVERSITY OFFICER AT COZEN O’CONNOR IN WASHINGTON DC. APART FROM BEING THE FIRM’S DIVERSITY LEADER, LYNNE ALSO MAINTAINS A FULL PRACTICE AS A LITIGATION PARTNER. ADD TO THAT THREE CHILDREN UNDER FIVE AND YOU GET THE FEELING THAT SLEEP MAY WELL BE OPTIONAL! I SPOKE TO LYNNE ON WHY IT WAS SO IMPORTANT TO TAKE ON THE CHIEF DIVERSITY OFFICER ROLE AND WHERE SHE IS TAKING IT. Lynne has been at Cozen O’Connor 13 years and has always been a member of the Diversity & Inclusion committee and says it is something she has always been passionate about as a lawyer of color. “I felt it was a place where I could make a difference within the four walls of my firm,” she says. At the time of Lynne’s appointment in January 2018 there were still not many Chief Diversity Officers also working full time as partner at a law firm. While obviously being a demanding undertaking, Lynne feels it’s been important to balance the two roles. “My role was heightened because you get buy-in from other lawyers when it’s a peer running these efforts. It also sends a clear message to our clients and our staff that diversity is a priority at Cozen O’Connor.” Irrespective of that, she still has a heavy load, commenting: “I knew going into it that it would be a heavy lift, generally working on diversity at night and my legal practice during the day.” It was important to Lynne that she does both. “I love practicing law, litigating and working with clients. But diversity is a passion to me and it’s important to make sure that others have the same opportunities that I have had: that’s my legacy, so I make time for it.” Many organizations do struggle with keeping diversity as a priority and making sure it’s more than lip service. There’s also a worry from many 22

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who champion diversity in the legal profession that another economic downturn could set back efforts on diversity if they’re not fully embedded in the cultural fabric of organizations. How does Lynne ensure that diversity at Cozen O’Connor is not seen as a fluffy ‘nice to have’ but core to the firm’s business model and values? Obviously, a key starting point is leadership, as Lynne states. “It made my job easier having a CEO and a Managing Partner who really see the value in Diversity & Inclusion — I didn’t have to do a hard sell and that was a plus for me. That has encouraged me and given me the power to make sure our staff know that diversity is priority.” Lynne acknowledges it’s important that it is more than just words. “I have a large budget; practically, that means I can assist diverse lawyers to attend certain conferences that might give them opportunities and that I can fully empower our affinity groups.” Additionally, Lynne agrees that accountability is key, not just for Cozen O’Connor but for the whole legal profession. “We recently signed on to Mansfield 3.0, which was originally an idea that came out of Diversity Lab three years ago. Cozen O’Connor is proud to be a signatory to Mansfield. Now clients are holding law firms accountable — as they should. Our firm loves being

part of Mansfield, but we were doing a lot before signing on, as we were generally considering 30-40% of diverse lawyers for all roles.” In regards to moving the needle across the whole profession, Lynne feels that collaboration and true accountability are the key words here as well as learning how to get creative, partnering with organizations like MCCA and partnering with clients as ways of ensuring firms develop best practices. She feels clients have a key role to play in ensuring law firms keep their word. “The profession has to ensure that promises are actioned and GCs have to really hold law firms accountable. Law firms need to provide the best service to their clients, which comes from diverse teams.” Lynne feels firms can also become more imaginative in how they partner with law schools around diversity: “Not just focusing on campus interviewing but more creative ways such as pro bono work in the community and thereby interfacing with law firms and diverse law students.” Approaching the challenges of diversity and inclusion is often a sophisticated dance between trying to correct structural inequalities and make day-to-day differences for key demographics. I asked Lynne how she feels she can help Cozen O’Connor chart their way through these strategic challenges. “I see my job as helping the firm think strategically about where we want to be in the next five to ten years. With that in mind, I’m making recommendations to the firm about what we need to do now.” How that takes form is in being very focused about D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

LYNNE ESPY-WILLIAMS IS CHIEF DIVERSITY OFFICER AT COZEN O’CONNOR IN WASHINGTON DC. APART FROM BEING THE FIRM’S DIVERSITY LEADER, LYNNE ALSO MAINTAINS A FULL PRACTICE AS A LITIGATION PARTNER. ADD TO THAT THREE CHILDREN UNDER FIVE AND YOU GET THE FEELING THAT SLEEP MAY WELL BE OPTIONAL! I SPOKE TO LYNNE ON WHY IT WAS SO IMPORTANT TO TAKE ON THE CHIEF DIVERSITY OFFICER ROLE AND WHERE SHE IS TAKING IT. where the firm should recruit. “We’re looking at historically black colleges and locally at diverse lawyers, and we try to interview them at different minority job fairs. We need to get really strategic with how we approach this as law schools are very diverse: it’s law firms that are not able to keep up with the times.” It’s not just about the pipeline though, as Lynne is committed to helping the firm figure out how they can be the most diverse and inclusive for both their lawyers and their clients. “It’s my job as Chief Diversity Officer to be thinking innovatively and outside of the box,” she states. Aside from the firm’s commitment to Mansfield 3.0, another initiative Lynne is particularly proud of is their diversity roundtables. “We take all of our lawyers who identify as diverse and put them into groups of four or five lawyers. We also add one member of the management committee to each roundtable.” Lynne felt it was key to do this to ensure that someone who was able to be a sponsor for diverse lawyers could get to know them, as she explains: “I think to thrive at a law firm you need to have a sponsor, someone who advocates for you and helps you to access good assignments and grants access to particular clients. Adding a potential sponsor to the diversity roundtable gives diverse lawyers a unique opportunity to have access to management.” The initiative has also helped open more mentoring opportunities and to get diverse lawyers business development opportunities they might not otherwise have had. 24

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As the role of Chief Diversity Officer is a fairly new one but also one that’s gaining increasing traction across the legal profession, does Lynne have any advice for those who might aspire to a similar role one day? “I do get calls from a lot of lawyers and law firms that want to transition into this role. My advice is to start by making relationships with law firm management and express the desire: I was doing this work before I had the title.” Understanding the big picture across the industry is also helpful. “Keep up with what other law firms are doing and offer advice to your firm as to how you can be innovative: keep up with the industry and beyond. Reach out to other Chief Diversity Officers and ask what they are doing — collaboration is also key. But the biggest thing is developing a relationship with your management. I had a very good relationship with the firm’s Managing Partner and CEO. I knew diversity and inclusion would be taken seriously because those relationships are so good.” LYNNE ESPY WILLIAMS lespy-williams@cozen.com

Lynnette (Lynne) Espy Williams serves as Cozen O’Connor’s chief diversity officer. She is also a litigation partner who has experience in litigating a wide variety of civil and commercial matters, including matters pertaining to mass and complex torts, professional liability, premises liability, products liability, and contract disputes. She is based in the firm’s Washington DC office.

Ally Who? Creating the success of inclusion By Catherine McGregor

The role of allies is central to the success of inclusion. While it is key that straight, white, cisgender men are part of the story of change, to be part of that change allies have to approach their role in a sensitive manner, to be authentic and direct about what their role is and what it can be. In a wide-ranging and frank discussion at the MCCA’s Pathways Conference, four allies discussed how they approach this key role. REALIZING YOUR ROLE The recognition that you can have a positive role to play in diversity, harnessing the power you have as a senior white man to be used for good effect can occur suddenly or gradually over time. Brian Fogarty, Vice President Global IP Litigation and Brand Protection at Nike, recognized from the start that, “Nike is a very diverse company but that doesn’t mean it’s inclusive.” The day to day reality of his job made him realize how fundamental it was to focus on inclusion. “A big part of my job is to talk to employees at Nike and to prepare witnesses for trial. In the same way that lawyers externally have to resonate with our witnesses, it is also imperative that, in legal, if we want to be business partners we have to look like a partner too. The organization must be both diverse and inclusive.” Lance Wolf, Vice President and Deputy General Counsel for Litigation and Investigations at Freddie Mac, identiﬁes as LGBTQ+. He feels it’s important to understand his personal journey working at Freddie Mac and how this has shaped his experiences and allowed him to become an ally to others. “I was not out of the 26

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closet in the office until 2003, and only a small circle of close colleagues knew I was gay. An unpleasant incident occurred at work which forced me to make a decision: whether I should speak out about this and therefore come out. I chose to speak out and the company addressed the issues in a very satisfactory manner.” That opportunity, says Lance, meant that his relationship with work became much better as he could bring his whole self to the office. He also saw what successful allyship looks like via a female manager who was truly his champion as a supportive ally. “My boss was instrumental in me becoming an officer of the company,” says Lance. “Freddie Mac was restructuring its ERG groups and I became officer for our LGBTQ+ group. When leading a group like that it’s important that you come out as a role model so those below can identify with you.” Now Lance is the Diversity Officer for the whole organization, an office he shares with a female colleague of color. “My experiences have shown me the importance of being an ally - that this is not just about straight white men but instead about all of us being allies.”

LEADERSHIP AS ALLYSHIP For Bjarne Tellman, Chief Legal Ofﬁcer at Pearson, it’s key as an ally that you show vulnerability and the complexity of who you are as a person. “For leaders this is a crucial part of the conversation.” Bjarne’s emergence as an ally may well stem from his diverse upbringing. He was born in Norway but as the child of a diplomat, he grew up all over the world. Moving in-house and working in truly global multinationals exposed him to the power of true diversity and inclusion. “For example, when working at Coca Cola (which was a very diverse company), it became clear to me then that diversity was not just right thing to do but the smart thing to do when you look at how diverse teams outperform non-diverse teams,” he recalls. The role of allies is central to the success of inclusion. While it is key that straight, white, cisgender men are part of the story of change, to be part of that change allies have to approach their role in a sensitive manner, to be authentic and direct about what their role is and what it can be. In a wide ranging and frank discussion at the MCCA’s Pathways Conference, four allies discussed how they approach this key role. START BY LOOKING IN THE MIRROR In common with many organizations, Pearson’s legal team has reasonable gender and racial diversity at the bottom of the organization but less as you move up. Not trying to whitewash imperfect truths like this is key, according to Bjarne. “You need to acknowledge you’re not perfect and that you need to be much better; to really walk the talk. That dynamic of making yourself somewhat vulnerable and calling yourself out forces you to do something about it. Ironically, the day we published our commitment to working on this, one of the mainstream

UK legal newspapers distorted what we had said, saying that we were being forced to be more diverse by our suppliers. It was important that we didn’t let this sidetrack us and instead we pressed on ahead.” Michael Gillespie from Debevoise & Plimpton spoke as a law firm partner and raised the point that allyship can take a while to sink in. This is partly because, for those who have advantages, the perception of their privileged status may not match their own sense of self. In any case, the panel agreed that to really be an ally, it cannot just be words without action. WORDS AND DEEDS Michael summed it up, asking, “At what point do the words need to be shown as actions? You can’t just say you are woke.” For lawyers, perhaps getting beyond words is a unique challenge as their day-to-day is full of words and lots of their actions are meetings with words. Bjarne Tellman stated one way to work around this is to encourage everyone to pledge what they are going to do. “White privilege can be really important in getting things done. It’s important to make sure we don’t exclude a group of people - white men - who can be both powerful and who can be useful.” THE BUY-IN Lance agreed that making sure those who are in power are included in the dialogue is important, as without inclusion of allies there will be not advancement. But is it hard for allies to find their place within inclusion discussions, and what can be done to encourage reluctant allies? Brian Fogarty finds that data is the best way to engage reluctant allies - showing the cold hard D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

“At what point do the words need to be shown as actions? You can’t just say you are woke.” For lawyers, perhaps getting beyond words is a unique challenge as their day-today is full of words and lots of their actions are meetings with words. facts that more diversity on your teams makes for better work product. “I saw this myself that the teams that did the best growing up in sports were diverse teams. I truly believe at Nike that if we are going to appeal to a global audience then we have to have people who come from all around the world.” Also important is showing there is zero tolerance for discrimination or lack of inclusivity, according to Brian. “I think it’s OK to have a zero tolerance policy. Challenge something and do it in front of other people. Call it out,” he challenges. Bjarne Tellman does not agree completely with this as he feels you have to be careful to not scare away those who can effect change. “When I came to the US I was stunned by how much politics and emotion were behind every piece of work in the diversity space: there’s so much ammunition and so much history there.” This explains both why there’s more progress on inclusion and diversity in many areas in the US, but also why the dialogue can be very charged. STRAIGHT, WHITE, MALE AND AWKWARD Michael made the point that as an ally you also have to be aware of when you make mistakes and dealing with it in the right way. “In a room of about 40 diverse associates, I made the point that straight, white men can also be hemmed in 28

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as to how they express themselves and how they bring their true selves to work; for many such white men, the way they live their professional life may not be how they want to live privately. It fell really flat on the room.” This is an important point: it is important to acknowledge how straight, white cisgender masculinity also plays out as an identity in the workplace. Bjarne Tellman feels that the key is to “get comfortable with being awkward as a white male as it is all part of the diversity debate. It’s also important to speak about your own experiences as well and be authentic.” For Lance Wolf, an important part of making the case for diversity is to show there are different versions of being a white man and that it’s liberating to bring yourself to work and be who you are. “These are not definitive categories: we all have privilege in different degrees,” he asserts. While the panel acknowledged there can be difficulties in finding ways to be included in diversity and inclusion discussions as a white man, they also acknowledged that it is vital to ensure that they are part of the discussion. It’s not only because they have the power to effect change but because it is important for white, cisgender men to understand the perspectives of those who are not in the majority. THE VALUE OF LISTENING As Brian Fogarty stated: “We can start by

...get comfortable with being awkward as a white male as it is all part of the diversity debate. It’s also important to speak about your own experiences as well and be authentic. listening and trying to understand what it’s like to walk in his or her shoes.” Lance added that as the

head of the diversity and inclusion committee at Freddie Mac, it is key that he ensures straight

white men are in the council and included in the functions. “I just sent someone who was an ally to the Hispanic National Bar Association confer-

ence so he could network and hear the debates,” he says.

Listening is central to helping achieve change.

Brian Fogarty tells the story of how “in Nike until

2014 we didn’t make shoes for people with disabilities. Now today we have a category derived

from trying to solve a problem for one consumer and what that led to was the company hiring a

whole load of people with disabilities. Because you know who will be able to solve problems for

people with disabilities? People with disabilities.” It’s this sort of action-led listening that inspires

the right kind of change. Change needs to come; driven by those for whom the change may also

be the least comfortable. But not doing anything

may be catastrophic as both expectations of the legal profession as a whole and in wider society change.

There’s never been a more crucial time to be

an ally; as Bjarne Tellman says, “We need to be disrupters and change agents: it’s not about boiling the ocean but starting somewhere. You

have to take risks sometimes and you will fail but it’s about getting comfortable with that and not giving up.”

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2019

The 2019 Creating Pathways to Diversity® conference was held at the Hilton Midtown from October 14-16. The tone of the conference was very focused on turning discussion into action and the role that clients have to play in ensuring this happens. There have been a number of high profile letters to the legal community from clients insisting on a greater commitment to diversity since Rick Palmore’s original call to action in 2004, but the general feeling at the conference was that words are no longer enough. Real actions are needed; actions that are much deeper and probing than words can ever be. A number of the panel discussions brought up the notion of clients needing to really dig into who was getting credit for the work being done for them: both in terms of money and origination credit. This point was forcefully made in the first panel on day one, Executive Apology: Too Little Too Late, and the panel which started day two, Dear Outside Counsel, It’s Not Me It’s You. Diversity and inclusion in the profession has to be about progression for diverse lawyers and that is best brought about by getting the credit for work and being seen as an asset to the law firm as a business. The message was very clear that clients have to join the dots and literally put their money where their mouth is. Sheila Davidson summed up the frustrations of many clients when she remarked that hearing from law firms that it’s the client’s responsibility to push harder on this just does not cut it any more. “We have greater diversity and present this to you - why is it so hard for you?”. This bullish tone was reflected in many of the discussions around the conference, coupled with a palpable desire for action. This need for action was also reflected in a number of the interactive sessions such as the workshop on getting beyond the resume, as well as the pitch session networks, all of which can literally transform a diverse lawyer’s career. The call to action was broader than just the profession - or rather, it was

acknowledged that the legal profession does not operate in isolation from broader societal forces. In broader society we can see a tension between more progressive values celebrating diversity, inclusion, and difference versus more regressive forces. It’s a key moment: as Cornell Boggs stated, “At the end of the day what we are talking about is a credibility story. Credible solutions on a lot of social issues will require diverse voices to frame the solution.” The MCCA Diversity Gala was held on 16th October at The American Museum of Natural History. The Gala is hugely important to MCCA as it’s the biggest fundraising event of the year. To underline the personal value of that, at both Pathways and Gala, this year’s cohort of Lloyd M Johnson (LMJ) Scholars were in attendance, making connections which will serve them well as they embark on their careers. It was also key for these young people to see the plethora of diverse role models that an occasion like Gala brings together. In her opening speech, MCCA CEO Jean Lee focused on the importance of multigenerational action, stating that the mission of the organization can be compared more to a relay than a sprint or a marathon, and one that needs to unite not divide. She compared it to a relay - from leader to leader, generation to generation, and community to community. “But….now is the moment to not hand the baton to different leaders, generations, and communities, but rather to bring leaders, generations, and communities together in common cause.” Jean Lee’s speech and that of Nokia Chief Legal Ofﬁcer Nassib Abou-Khalil, showed how important storytelling and shared personal experiences are in helping bring communities together and inspire change. Nokia are the inaugural winner of the In-

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ternational Employer of Choice Award and you can

read more in our Paying it Forward Feature on page 10. Jean shared her early experiences as a Korean

immigrant to the U.S. at the age of eight years old. Being bullied at school by majority children might have seemed like an unpleasant fact of life in this new country if it had not been for the actions of other minority children in defending her.

“It was the minority children who didn’t necessar-

ily share my experiences, who might have traced

their roots on this continent back centuries, instead

of weeks, who might have spoken only English, instead of zero English. It was the minority children

who knew nonetheless, despite all our differences, what it was like to be on the outside, be different, be

other. Who knew that welcoming me in didn’t make them more vulnerable—it made all of us more safe. “

This early experience with bullying planted the ﬁrst seeds of an awareness for her that fairness and justice are possible and are made even more so by collaboration and working together. “What could have left a bitter taste in my mouth instead taught me that fairness and justice are possible… if… and it’s a big if… we look out for more than our own communities and instead protect and promote all communities that have been too often left at the margins.” Bringing all communities together to achieve greater solidarity in the face of injustice is what is at the heart of MCCA’s mission. It is also echoed in the stories of the various award winners we have honored at Gala and Pathways for their magniﬁcent achievements to promote greater diversity and inclusion. We are proud to share their stories with you on the following pages.

THOMPSON COBURN By Jodi Bartle

MCCA’s George B. Vashon Innovator Award this year was presented to law firm Thompson Coburn at the Creating Pathways to Diversity Conference on October 15 in New York. The award is named for scholar, abolitionist and lawyer George B. Vachon who, in 1848, became the first licensed African American attorney in New York State and one of the first admitted to practice before the U.S. Supreme Court in 1867. This award highlights corporations or law firms that lead the way with innovative best practices that assist diverse attorneys. Diversity & the Bar spoke with Tony Anderson and Booker Shaw, Co-Chairs of the firm’s Diversity Committee, and Norma Jackson, Director of Diversity, Inclusion & Professional Development, on the ways in which Thompson Coburn works towards change in the legal profession.

ment to diversity efforts from the top-down as well as your ﬁrm-wide diversity initiatives?

Diversity & the Bar: Congratulations on your win. Can you give us a ﬂavor of Thompson Coburn’s commit-

Thompson Coburn: Thompson Coburn has sponsored a host of diversity efforts over the years, D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Thompson Coburn:: Norma Jackson, Director of Diversity & Inclusion, Tom Minogue, Firm Chair and Anthony Anderson, Partner and Co-Chair of Thompson Coburnâ€™s Diversity Committee

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SIMPLY PUT, LAW FIRMS HAVE TO BE PROACTIVE WHEN SEEKING ATTORNEYS OF COLOR, GIVEN THE LOW NUMBER OF ATTORNEYS OF COLOR IN THE PRACTICE AND LAW SCHOOL. THE NUMBERS BEAR OUT THAT FEWER PEOPLE — INCLUDING DIVERSE PEOPLE — ARE ENROLLING IN LAW SCHOOL. recently ramping up the frequency and scope of these initiatives. Long-term commitments include the Eagleton Scholarship, named for our former partner U.S. Sen. Thomas F. Eagleton and awarded each year to a deserving first-year law student from an underrepresented demographic. The winner receives a full year of mentoring provided by one of our partners and a paid summer internship for the summer following the student’s all-important first year of law school. Our firm currently sponsors four attorney affinity groups: African American/Black, Hispanic/Latinx, Asian and LGBTQ+. Our Total Commitment Women’s Initiative is a comprehensive internal program for women attorneys that provides leadership opportunities and training, professional development coaching, and networking events in each of our offices. One recent effort has been the development and expansion of our Women’s Leadership Academy (WLA), an annual cohort of 10-15 women partners at different stages in their careers. In addition to leadership training led by award-winning Georgetown law professor Hillary Sale, participants lead firm-wide strategic business initiatives in direct collaboration with firm leadership. WLA provides participants with significant internal visibility, extensive exposure to high-level information about firm management, and the opportunity to develop internal sponsors from other offices and practice areas. Additionally we have revamped our Diversity Mentorship Program, which pairs diverse associates with experienced partners throughout the firm and have led firm-wide Implicit Bias training for all attorneys and staff. We are also deeply invested in a variety of legal pipeline programs, aimed at increasing exposure to and enhancing success in the legal field for prospective minority attorneys.

D&tB: What are the most pressing challenges and obstacles to the advancement and retention of diverse attorneys right now? TC: Simply put, law firms have to be proactive when seeking attorneys of color, given the low number of attorneys of color in the practice and law school. The numbers bear out that fewer people — including diverse people — are enrolling in law school. On top of that, there is fierce competition among the AmLaw 150 for top-performing diverse candidates. Large law firms often use hiring criteria that may overlook candidates who came to the law as a second career, or who work full time while attending law school, or who have family obligations. These individuals are still outstanding candidates, and frequently have more robust life and social skills than students who only had to focus on academics. When our industry sets the bar so high, we may restrict ourselves from looking just a bit further down the list and finding a plethora of excellent candidates. On the issue of retention: To retain attorneys of color, it’s critical that we strive to eliminate the biases that still affect many law firm processes for recruitment, associate review and career development. That’s why Thompson Coburn rolled out firm-wide mandatory implicit bias sessions in early 2019. As a follow-up, we hosted cultural competency training for attorneys, as well as de-bias training for members of our Executive Committee, Associates Review Committee, Employment Committee, and Human Resources team. Sponsorship and mentoring programs, like our Diversity Mentorship Program, connect diverse attorneys with influential partners and firm management, which strongly supports the goal of retaining attorneys of color. When you have a senior partner D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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invested in your career development, supporting your interactions with clients and helping you get involved with meaningful work, you feel more deeply connected to your firm — particularly if that firm is also actively maintaining a firmwide culture of inclusivity. Additionally, we worked with our practice area leaders to create practice-specific associate skills guidelines, which detail the types of skills and projects a successful associate or counsel should be able to perform at different points in their careers. These guidelines are not hard-and-fast requirements, but they do provide some concrete, measurable information about the skills we deem necessary for the successful advancement of associates. This transparency ensures our review and career development processes are equitable; when everyone has the same understanding of “success,” they have access to a more level playing field. D&tB: What have been your D&I success stories? TC: In 2018, we celebrated 10 years of our innovative Eagleton Scholarship. Present at our 2018 scholarship presentation was Felicia Williams, the first-ever recipient of the Eagleton Scholarship. In January 2019, Felicia was named a partner at Thompson Coburn, as was Nelson Williams, a Labor & Employment attorney. Felicia and Nelson are “homegrown” partners who started their legal careers at Thompson Coburn and came to us through our focused diversity initiatives. It’s been fantastic to see their careers flourish and watch as they, in turn, have served as critical mentors for classes of diverse law students and associates. Another major success story for us was our creation of a director-level position for diversity and inclusion. Norma Jackson joined our firm in August 2018 as Director of Diversity, Inclusion and Professional Development. Since joining the firm, Norma has ramped up our D&I initiatives, taken a direct role in diversity recruiting and hiring, revamped all our D&I materials and web pages, and refocused our affinity groups and training resources for D&I. Her efforts have been nothing short of revolutionary. D&tB: How can leaders best impact workplace culture? TC: Our leaders are the flag-bearers of our firm’s

culture. We believe that their direct participation in our D&I efforts is one of the best methods of fostering an inclusive workplace. Our Chair and several members of our Management Committee regularly serve as mentors to new attorneys to help ensure their success at Thompson Coburn. These individuals—and many more from across our firm—regularly attend D&I events and trainings and continually espouse their value and necessity. Ultimately, firm leaders are the ones who have the most resources available to build diverse client teams. D&tB: How important is it to keep assessing your performance in this space? TC: It is very important. Along with our internal assessments to evaluate the success of efforts, we also participate in a number of D&I surveys. These include the Women in Law Empowerment Forum, the Human Rights Campaign’s Corporate Equality Index, the National Law Journal’s Women in Law Scorecard, and more. We use the tools to examine the benchmarks of the legal industry and to study our own data. When we complete these surveys, we can see how we compare with other firms and make any necessary changes to ensure we keep up with top-performing firms. At the same time, these rankings demonstrate when we are leading the pack in D&I efforts. This year, we were recognized by the National Law Journal for having the highest upward movement in this year’s Scorecard, which is something of which we are immensely proud. D&tB: How can the legal profession as a whole best effect change? TC: We believe that diversity and inclusion efforts don’t just end after hiring a diverse attorney. Associates and partners alike should have access to business development coaching to help build their networks and develop new business. Maintaining an extensive catalog of coaching materials is incredibly beneficial for everyone. Within a law firm, there are many leadership opportunities and chances to effect change – practice leadership, office leadership, service on associate hiring and review committees. We view each of these positions as an opportunity for engagement, and make sure diverse attorneys are included in these important roles. D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Kelly Mahon Tullier VISA General Counsel and Damian Atkins General Counsel of The Hershey Company

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Finally, by ensuring diverse attorneys are part of our planning and brainstorming efforts, we incorporate multiple perspectives and backgrounds into our practices. This can only lead to a more thorough and inclusive future. D&tB: Do you think that clients are now taking responsibly for pushing a D&I agenda? If so, why the sea change? TC: D&I efforts in the corporate space are a bit ahead of

the curve than the legal profession. For the past several years, we have seen a rapid increase in the attention our clients are giving to D&I. As they implement their own diversity efforts, they extend those expectations to their outside counsel. It’s becoming normal for clients to ask us to examine our teams and put forward diverse representatives as a condition of work. They want to be reassured the legal teams doing their work are diverse and will ask us about our ﬁrm-wide diversity efforts and stats to back that up.

VISA

By Jodi Bartle MCCA’s 2019 Employer of Choice award recognizes and honors outstanding law departments that are leading the charge in helping diverse attorneys break through the concrete ceiling. This year, Visa Inc. was the recipient of the Employer of Choice award for its success in creating, implementing and maintaining a legal department that is focused on diversity, inclusion and equity. Diversity & the Bar spoke with Visa’s Carlos E. Vasquez, Senior Vice President, Chief Counsel Latin America and Caribbean, on what makes Visa a conduit for change. Diversity & the Bar: In what ways does D&I remain an important issue for corporate America? Visa: Diversity & inclusion is a business imperative for any organization that wishes to thrive in today’s highly competitive environment. To succeed in the marketplace, we must look like the marketplace. True and sustainable innovation is only possible when the best ideas – irrespective of where and who they come from – are heard. Several studies have conﬁrmed that organizations with diverse teams where everyone has a voice outperform and grow at a higher rate than those that do not. Diversity & inclusion is ultimately about human dignity and respect — it is a value. D&tB: What sets VISA apart regarding successful recruitment, retention, and development of diverse legal talent?

V: The intentionality of our approach. At Visa, our mantra is that we are for everyone, everywhere. We

want to create an environment in which individual differences, experiences, and capabilities are valued and

contribute to our business success. That value shows ﬁrst in how we treat our employees across all aspects

of the employee experience. We are intentional in

how we structure interviews to combat unconscious bias in hiring; in how we have development plans and

assign high visibility stretch projects to high potential

diverse talent; in how we plan for succession many

layers deep into the organization with particular focus on diverse talent; how we hold ourselves accountable D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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AS LEADERS, WE NEED TO MAKE SURE THAT ALL VOICES ARE HEARD. BE MINDFUL OF THE “QUIET ONES” IN THE ROOM AND PROVIDE THEM A MEANINGFUL OPPORTUNITY TO SPEAK. WHEN YOU SEARCH FOR TALENT, INSIST THAT HIRING MANAGERS CONSIDER DIVERSE CANDIDATES (GENDER, ETHNICITY, THOUGHT, BACKGROUND). to our plans and goals; and how we continually ask ourselves if we truly represent the communities we operate in globally.

people leaders, be aware of implicit biases. Attending

D&tB: Can you provide a ﬂavor of your program highlights and success stories?

of other corporate trainings.

V: Today, Visa’s Legal & Compliance team has strong female and minority representation, and this is growing year over year. If we look at our Legal & Compliance global leadership team, more than half is female and includes several underrepresented professionals. At Visa as a whole, we are also making great progress in advancing diversity and inclusion.

culture?

D&tB: What are your best practice tips for implementing significant culture change in a corporation? V: Be vocal, and speak up often, about the benefits of diversity & inclusion. We need to talk about diversity & inclusion as a business imperative. Without D&I, you frankly end up leaving a lot of business growth on the table. Not having full participation from all of employees has a cost. A good idea can come from anyone and any level. Diversity is about making sure all voices are heard – irrespective of gender, race, religion, sexual orientation, etc. Given the complexity of the marketplace, having the benefit of thinking derived from people from diverse backgrounds and experiences is critical. At Visa, attracting, developing, and retaining best-inclass diverse teams is one of the company’s strategic pillars. This is a signal to employees - and the worldthat Visa’s people are its greatest asset. We have high standards internally for maintaining a culture where everyone feels they belong and can do their best work. It is also essential that all employees, particularly

trainings to help address implicit biases should be mandatory and incorporated into the regular cadence D&tB: How can leaders best impact workplace V: With their actions. Being aware of our biases and

keeping them in check. As leaders, we need to make sure that all voices are heard. Be mindful of the “quiet ones” in the room and provide them a meaningful opportunity to speak. When you search for talent, insist that hiring managers consider diverse candidates (gender, ethnicity, thought, background). I realize sometimes it is a challenge and often we have time limitations, but to make meaningful progress we have to do it. Have annual, written goals for the development of your high potential diverse talent; keep a scorecard to track progress; and hold yourselves accountable at the end of the year. D&tB: What can the legal profession as a whole do to keep moving the D&I needle?

V: We need to be intentional about diversity & inclusion.

Balance, fairness, and inclusion don’t just happen. They require all of us to roll up our sleeves and do the hard work of actually creating environments where differences are valued and encouraged. They require all of us to dig deep and identify the unconscious biases that -- even with the best of intentions – still continue to linger across our society. D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Guy Halgren, Partner and Chairman of Sheppard Mullin

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SHEPPARD MULLIN By Jodi Bartle MCCA’s annual Thomas L. Sager Award is presented to large Am Law 200 law firms that champion a more diverse and inclusive workforce and that have demonstrated a sustained commitment to improving the hiring, retention and promotion of diverse attorneys. The 2019 Sager Award was won by law firm Sheppard, Mullin, Richter & Hampton and accepted by Guy Halgren, partner and Chairman of the firm. Diversity & the Bar spoke with Sheppard Mullin on its diversity and inclusion innovations and successes.

Diversity & the Bar: In what ways does Sheppard Mullin champion diversity and inclusion (D&I) and how have you demonstrated your commitment to D&I throughout the firm? Sheppard Mullin: First, diversity recruiting is one of our primary cornerstones. We’re determined to continue innovating our approach to recruiting, both at the entry and lateral levels. Our diversity demographics consistently compare favorably to, or outpace, The National Association for Law Placement’s (NALP’s) national data, and we’ve improved our percentages for both women partners and partners of color in each of the past four years. We also have a variety of recruiting programs for law school students. For example, our Rock Your Interview events for diverse 1L law students give them an opportunity to come to our offices for panel discussions that prepare them for On Campus Interviewing (OCI). Another example is our annual Latino Law Clerks city-wide reception in our downtown Los Angeles office. In addition, our LGBTQ+ attorneys often take time to serve as recruiting liaisons to LGBTQ+ law student candidates. We put tremendous focus and energy on attorney retention and promotion, particularly for our diverse attorneys. We’ve established a multitude of resources for every phase of an attorney’s career,

from the first year of practice through the equity partner selection process. These include our D&I Office Working Groups; affinity groups for women, attorneys of color, LGBTQ+ attorneys and veterans; D&I training for attorneys and staff; bilingual/multicultural associate training; associate mentor and career advisory programs; and professional development and training academies for various attorney levels. Our firm leaders are committed to D&I, and strategies for increased attorney diversity, retention and advancement are developed and implemented through the leadership efforts of our D&I Committee and D&I Strategic Council (DISC), along with strong support provided by our affinity groups for diverse attorneys. D&I is a regular agenda item at monthly and annual partner meetings, practice group meetings and firm-wide annual meetings for attorneys and staff. We also ask partners to report on D&I leadership and other activities on our annual partner evaluations. D&I leadership also partners with each Practice Group Leader (PGL) on recruitment, development, promotion and retention issues. D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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Finally, we perpetually analyze our diversity metrics and evolution. The D&I Committee and DISC hold an annual retreat to evaluate D&I progress where subcommittees present and review affinity group programs and activities, internal and external recruiting initiatives, diversity sponsorships, attorney leadership, exit and attrition data and diverse associate development and advancement, among other topics. D&tB: What do you think is the most pressing challenge in D&I right now - pipeline, retention or promotion? SM: We think the promotion of diverse lawyers is the most pressing challenge in D&I for firms. At our firm, we continue to see small gains for our women attorneys and attorneys of color at the highest level of promotion, which we believe is due to a “domino effect” or a patterned cycle in pipeline and retention that’s difficult to break for firms. We’ve designed programs that support women and attorneys of color currently underneath the equity partnership level, from business development coaching to leadership training and focusing on each person individually in order to support the success and advancement to equity partnership. We’ve also applied programs that support the development of our associates at all levels to ensure that we have a more robust pipeline and that associates are better equipped to move to partnership. Some of these programs for our associates include professional development and training academies,

mentoring, helping to foster professional development and business plans, afﬁnity groups and other various resources. D&tB: Can you explain how your 1st Generation Associate initiative works? SM: In order to focus on improving the outcomes and inclusion of our women, of color and LGBTQ+ attorneys, we conducted two data-driven internal D&I studies. Both studies came up with recommendations that were approved by our Executive Committee. Over the past two years, we implemented some innovative programs that have positively affected our associates – particularly our diverse associates. One of these was instituting bilingual/multicultural associate trainings. Our Attorneys of Color (and LGBTQ+ Attorneys) Success Initiative Committee (ACSIC) study found that almost half of our associates of color are ﬁrst-generation Americans and one-third of our white associates are also immigrants or the children of immigrants. The trainings are led by partners who have built successful practices leveraging their own bilingual/multicultural backgrounds and are designed to help associates use their backgrounds to develop business. Also in response to ACSIC, we created our Associate Mentor Program (AMP) that allows associates to select their partner mentor, who then works with the associate to ensure the associate is getting consistent supportive and developmental feedback as well as opportunities to build skills, gain expe-

OUR ATTORNEYS OF COLOR (AND LGBTQ+ ATTORNEYS) SUCCESS INITIATIVE COMMITTEE (ACSIC) STUDY FOUND THAT ALMOST HALF OF OUR ASSOCIATES OF COLOR ARE FIRST-GENERATION AMERICANS AND ONE-THIRD OF OUR WHITE ASSOCIATES ARE ALSO IMMIGRANTS OR THE CHILDREN OF IMMIGRANTS. D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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rience, have exposure to clients and create and update a business development plan. Similarly, we instituted a Career Advisory Program that helps associates explore career options other than in BigLaw in a safe environment. We also established The Bob Williams Award in 2018, which originated from the ACSIC recommendations. Named after one of our beloved, recently retired partners, the award is given to associates who go “above and beyond” in service to our firm community and/or the community at large, including work connected with D&I. D&tB: What have been your key learnings over time in the area of D&I, and how can these be used more widely in order to inspire others? SM: Much like the legal industry at large, while we’ve fought extremely hard to increase the number of diverse partners, the numbers have only increased at the rate of a percentage point or two a year. One of our key discoveries is that there is no one big thing to fix, but rather hundreds of small things that can go wrong and accumulate over time to create a large barrier. Some of the changes we’ve made are systemic and thus provide more resources on the ground for all of our diverse attorneys no matter where they are. Some of our changes are focused on harnessing the power of a truly inclusive environment to help with the recruitment, retention and promotion of our diverse lawyers. And some parts we adjusted are designed to provide better personalized support, even as we’ve grown from 500 attorneys in 2008 to almost 900 attorneys today. This personal touch is especially critical as our firm’s population undergoes a major generational shift. Some of the programs we launched to help support this more granular approach we mentioned earlier, such as creating the office D&I working groups in all of our domestic offices, having our firm managing partners serve as affinity group liaisons, partnering

with PGLs and refining and expanding the firm’s affinity groups. D&tB: Leadership is an important part of Sheppard Mullin’s success. How can leaders best have an impact on the firm as a whole, and how does the firm ensure everyone from top-down is involved in the process of change? SM: Since Guy Halgren became Chair of our Executive Committee nearly 20 years ago, D&I has become part of our firm’s DNA. When Guy took the firm Chair role, he quickly realized the critical importance of an inclusive and diverse workplace, and it became a passion early on in his leadership tenure. We believe it’s important for business leaders to understand that D&I is not just good business but rather a fundamental value. To ensure that everyone from the top down is involved in the evolution of D&I, our firm leaders created the D&I Strategic Council (DISC), led by Guy and made up of D&I/talent management leadership, affinity group leaders and select PGLs, Office Managing Partners, D&I Office Working Group Chairs and firm management. DISC oversees D&I and the firm leaders who are tasked with implementing our D&I quantitative and qualitative studies and initiatives. The committee focuses on studying our historical progress using a data-driven process, establishing metrics, developing related goals and collaborating with the D&I Committee and others in the firm to implement them. D&tB: Do you see a change/shift in focus for D&I in the future? What are the approaching opportunities for diverse attorneys? SM: While we and the legal community have made improvements in the D&I arena, there’s much more work to be done in D&I. Sequentially, we think this further development will shift and evolve the legal profession’s D&I focus down the road. For one, recent studies have shown that the younger generations, such as Millennials and Generation Z, feel D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

H. Gwen Marcus, Executive Vice President, General Counsel at Showtime Networks Inc. (2018 Recipient) and Kate Kendell, Campaign Manager of Take Back the Court, Formerly Executive Director of the National Center for Lesbian Rights (NCLR) 48

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increasingly less comfortable categorizing them-

policy in 2017 requiring that women and ethnic mi-

to overcome this reluctance and perhaps develop

teams working on its matters. We’re also seeing this

selves. In the future, we will need to consider how

metrics that allow us to measure our progress without the demographic information on which we currently depend.

norities account for at least 33 percent of law ﬁrm shift in an ampliﬁed concern and pressure for more representation of women and ethnic minorities as

counsel in the court room, and from the increas-

Another shift we’ve seen is the additional pressure

ing number of vendor diversity programs, in which

varied and numerous – to become more diverse

are minority-owned and/or consider diversity as

across the board, such as when Facebook made a

business plan.

being placed on ﬁrms by external forces – both

companies are more likely to hire companies that

and inclusive. We’re seeing this pressure from clients

an important factor in their employee ranks and

KATE KENDELL Kate Kendell, former Executive Director of the National Centre for Lesbian Rights (NCLR) and new Campaign Chair of Take Back The Courts, is the embodiment of someone who walks the walk. Kate spent 22 years at NCLR ﬁghting for the civil and human rights of LGBTQ+ people and their families through litigation, public policy advocacy and public education and was behind some of the most important legal victories for the LGBTQ+ communities while she was at the helm of the organization. As new Campaign Chair of Take Back The Court, Kate is instrumental in working towards its stated mission to prevent the Supreme Court from striking down new laws designed to restore democracy. Additionally, early this year Kate joined Lee Schreter, Co-Chair of the Wage and Hour Practice Group at Littler Mendelson, to become Vice Chairs of OutWOMEN’s talent accelerator which aims to connect out women in business to one another, calling out their accomplishments and leveraging their strength to speed progress for all women in the workplace. Kate is a nationally recognized spokesperson for LGBTQ+ rights and has been an active voice in the media, appearing in The New York

By Jodi Bartle

Times, The Wall Street Journal, NPR and CNN. Kate is this year’s recipient of MCCA’s Paula L. Ettelbrick Award which was created to celebrate unparalleled achievement by an individual or an organization in advancing lesbian, gay, bisexual, and transgender attorneys. The award is named for the late Paula L. Ettelbrick whose quarter-century of work for organizations like Lambda Legal Defense and National Gay and Lesbian Task Force and the International Lesbian and Gay Human Rights ComD & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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I WANT TO EMPOWER AND CREATE SPACE FOR EVERY LGBTQ+ PERSON TO LIVE FULLY AND FREELY AND TO BE AN AGENT FOR CHANGE FOR OTHERS. CORPORATE CITIZENSHIP HAS NEVER BEEN MORE IMPORTANT OR INFLUENTIAL. YOU DO NOT NEED TO HAVE THE TITLE OF “ACTIVIST” TO BE A PART OF FORWARD PROGRESS OR THE FIGHT FOR JUSTICE. mission assisted thousands of individuals. Her career as an educator and mentor at institutions like New York University, Columbia University, and the University of Michigan, helped transform the national discussion regarding equality. Diversity & the Bar caught up with Kate in the aftermath of her win. Diversity & the Bar: Over your successful tenure as executive director of NCLR and now in your current role as campaign manager for Take Back the Court, you have witnessed and been part of vast change in the way the world and the corporate world treats people who identify as LGBTQ+. What do you see as the most pressing challenges for LGBTQ+ individuals right now? Kate Kendell: As I respond to this it is being reported that the U.S. Supreme Court may well side with the Trump Administration in ending the DACA program. If this is an accurate read, it will be devastating for tens of thousands of young immigrants, many of them LGBTQ+. This is a perfect example of the greatest challenges facing the LGBTQ+ community now, because we are in EVERY demographic; issues core to humanity, dignity, safety and liberty are central LGBTQ+ issues. D&tB: What drives you to be a tireless campaigner and advocate for others? KK: Every LGBTQ+ person has beneﬁtted from close allies and unlikely allies who stood up for us. Maybe it was a family member, a co-worker or even

former President Obama. The LGTBQ+ community would not be where we are were it not for many risking personal or community criticism by supporting and standing with us. I feel a huge moral obligation to pay this support forward and stand strong with every community targeted for harm or suffering stigma based on who they are. D&tB: In your role at Take Back the Court and as vice-chair of OutWOMEN, what are your immediate and longer-term goals for advancing LGBTQ+ attorneys and corporate individuals? KK: I want to empower and create space for every LGBTQ+ person to live fully and freely and to be an agent for change for others. Corporate citizenship has never been more important or influential. You do not need to have the title of “activist” to be a part of forward progress or the fight for justice. D&tB: What are the particular highlights over your career that you could share? KK: Being a part of the fight for the freedom to marry for same-sex couples and seeing ultimate victory in that two-decade-long fight was one of the most gratifying moments of my career. But truly, the moments I most cherish are the individual clients for whom we won custody of or visitation with their children, or winning asylum for a client from Mexico who was assaulted and left for dead, or winning school support for a transgender student...all of these are unforgettable moments. D&tB: What do you wish you had known as a young D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Craig Silliman General Counsel Verizon and Michelle C. IďŹ ll, Founder, La Maison Michelle; Retired Senior Vice President & General Counsel of Verizon Corporate Services, Inc. 52

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law graduate before you began your career?

legal profession do to work together to best effect

KK: To better appreciate the small things. To slow down and ﬁnd joy.

change for diverse lawyers?

KK: As lawyers, we are in a very privileged position.

D&tB: You have spoken about the importance of the corporate voice which in line with MCCA’s theme this year of #RiseUnited. What can the

We can’t do everything about everything, but each

MICHELLE IFILL

of us can do something about something. Find what that something is and just do it.

By Catherine McGregor

Meeting Michelle Ifill for the first time, I’m struck by her charisma and warmth. It’s easy to see why she ascended to significant leadership positions in the Verizon legal team. Now she is embarking upon the second act of her career as an executive coach and creating a global network to empower women in business. Going in-house in 1993 to join MCI Communications, she began a 25 year career in-house in the telecommunications sector. Her time at MCI was followed by WorldCom then, in 2006, she joined Verizon where she would rise up the ranks to the role of Senior Vice President and General Counsel of Verizon Corporate Services Group, Inc. Her responsibilities here included legal support for supply chain and vendor management, sourcing, global real estate, sustainability, fleet management, supplier diversity and aviation. She also served as lead counsel for the Chief Information Security Office and Information Technology. Prior to these roles Michelle was Senior Vice President, General Counsel. In this capacity, she was responsible for representing the legal and regulatory interests for Verizon’s $18 billion international business unit which oversees all of Verizon’s wireless, wireline, IT and Cloud capabilities for enterprise and government customers globally. Such a range of experience has led Michelle to receive multiple honors as an in-house leader, standing as an important role model for other

women of color in the legal industry and beyond. This reputation has led her to being awarded the second Charlotte E. Ray Award by MCCA this past October; an award given to a female lawyer for exceptional achievements in the legal professions and contributing to the advancement of women in the profession. Charlotte E. Ray was the ﬁrst female African American attorney in the US. While Charlotte’s story includes plenty of triumphs, it also includes many sorrows. Michelle and I begin by discussing Charlotte E. Ray’s career and the fact that for many women and minorities, early success in their career may not be a continuous state, but it’s their continued progression that should be a signiﬁcant area of focus. “Charlotte Ray’s story is the story of many women,” D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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EVERYONE EXAMINES THE SITUATION FROM DIFFERENT LENSES, AND THAT’S WHY IT’S IMPORTANT TO CONTINUE THIS PATH. NOT THAT I BELIEVE THIS WILL NECESSARILY GENERATE AN EASY ANSWER AS TO WHY WHAT WE HAVE BEEN DOING THE PAST SIXTEEN YEARS ISN’T MOVING THE NEEDLE. says Michelle. “It’s a story that repeated itself for decades afterwards - aspects of Ruth Bader Ginsberg’s story are very similar.” The struggle is making change stick, says Michelle. “We just need to look at the harsh reality of the progress that black lawyers make. The statistics show that, for the most part, we have the same numerics as sixteen years ago.” It is certainly not for lack of discussion, we agree. The proliferation of diversity conferences and the number of programs and diversity initiatives should speak to huge progress. But the reality, beyond the talking, is perhaps a different matter. “We need to be honest in identifying why, in 2019, black women are still not at levels they need to be in the legal industry,” says Michelle. Since her retirement from Verizon at the end of last year, Michelle has been on what she describes as “a listening tour.” “I have been speaking to women as well as men of color, general counsel, in-house lawyers, partners, associates, and chief diversity ofﬁcers just to get a better understanding of what they are seeing on the ground.” It’s key to get a wide range of opinions to understand all the factors at play, she notes. “Everyone examines the situation from different lenses, and that’s why it’s important to continue this path. Not that I believe this will necessarily generate an easy answer as to why what we have been doing the past sixteen years isn’t moving the needle.” Her experience over many years of working with diverse teams

is that we need to keep focusing on inclusion. “We are more similar than we are dissimilar; the only way people can realize that is by spending time with women and men who are different from you.” She has penned this as her ‘Social Inclusion Strategy’ or SIS. Michelle’s focus with her executive coaching and creation of WEN (Women’s Executive Network) is intentionally creating environments and opportunities for people who do not look like one another to spend quality time together. It’s a project she feels is particularly timely and has fundamental ramiﬁcations in the US to advance the inclusive organizations. “We are still segregated here in the US and we don’t want to be honest about it. My goal is it do something different, creating social activities and environments so that people can get to know each other as human beings. There’s an initial sense of discomfort in being with someone who does not look like you but that can be broken down.” Michelle started WEN about three years ago while still working at Verizon. The focus is on empowerment and ﬁnding ways to positively effect change and help each other. It’s very much a forward looking agenda, Michelle says. “I want to encourage women who feel disenfranchised but, at the same time, not just wallow in the disenfranchisement and instead use their skills and positions to help others.” Michelle acknowledges the importance of advancing together, which has informed MCCA’s own mission over the last year, as does our current mission of #RiseUnited. This mantra of D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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getting groups to work together to produce lasting change in the face of inequality is a theme across many struggles for equality, as Mandela famously declared: “Together we are stronger”. It’s key for Michelle that WEN acknowledges and brings difference together by embracing intersectionality, but she acknowledges: “It can be a challenge getting white women to recognize that they can be part of a group with black women. But this intersectional allyship is what will make us a community that can be successful.” Michelle pulls no punches on what the measure of that success is: “It’s creating a network to be very intentional about each other’s individuals success and, by success, we mean making money. “ Even as she says this I’m shifting uncomfortably in my seat. Maybe because of our conditioning or upbringing, women are often very afraid to make the ask for money, recognition or promotion. In both her coaching and her work with WEN Michelle is adamant that women are the architects of their own success. “Focus on what you want, not what you think you will be given. Women can feel stuck but they shouldn’t; you have to control your own career, and relying on or waiting for someone else to make it happen for you isn’t the answer.” I raise the fact that the money conversation is a very uncomfortable thing for many women, myself included. Michelle thinks that might be a generational thing that is changing, and suggests it’s an area where the power of the collective can be instrumental. There’s an imperative to speak up and be courageous, including on matters that may not often be spoken about or cause discomfort. “Being taken advantage of with origination credit is something I have seen women continuously suffering. Firms get away with it because women and clients are not speaking up.” We all need to get

comfortable with being uncomfortable, including white male allies. Looking at the activity at the Pathways Conference around us, Michelle notes the lack of substantive numbers of white male allies and leaders in attendance. This is something she feels the need to urgently change, because the majority of those holding power such as general counsel and managing partners are still white men. But, she states, all clients need to recognize the power they have. “The number of times I would say to my team, ‘go to the firm and say this,’ and people were uncomfortable about doing that. I think that’s because when you are not the GC you are not coached to see you are powerful; you can think you’re just a cog in the machine. It’s really important we get the message across that the general counsel cannot do everything. Part of what we did at Verizon is making sure everyone representing the customers is behaving in an inclusive manner. GCs need to empower their foot soldiers.” We also have to be realistic that, currently, action does not match rhetoric in the profession. “Clearly the stats demonstrate that people do not walk the walk of what they say.” This is mainly, she feels, due to blind spots. “It’s not that these people are patently racist or sexist. Old boys clubs do exist - you have to chip away at them.” There’s always an alternative way and one path she introduced while at Verizon was sidestepping the slow pace of change in big law by using women and minority-owned firms, as most of these are talent from large law firms that decided to create success on their own terms. It all comes down to connection. In 1910, when E.M Forster, as a closeted gay man in Edwardian England wrote Howard’s End, it was to highlight the inequalities of the rigid systems governing human identity at the time, leading him to inscribe as the epigraph to the novel: “Only connect.” It’s a theme that runs through Forster’s work and an impetus which he felt had the ability to produce real change; a sentiment D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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WE NEED TO GO DEEPER TO CREATE THAT CHANGE. MAKE RELATIONSHIPS, SPEND TIME TOGETHER, UNDERSTAND AND BUILD THAT CONNECTION TO DEEPEN AND BROADEN YOUR VISIONS OF ALL YOU CAN BE. that Michelle agrees with. “Women need to find that comfortable space to recognize that we should be supporting each other in opportunities,” states Michelle. Part of how WEN will do that is via panels and workshops where members can assist each other in discussions about how to achieve success and to make introductions to each other’s networks. The inclusivity of the group is striking too, covering all facets of legal: in-house counsel, law firms, recruiters and both junior and senior levels. Now that she has time to focus completely on WEN, Michelle is refining the strategy and how to grow its impact. “There is still such a need,” she tells me. “It’s kind of depressing that there is still a need. Over the

years I have mentored so many people and I can

only do so much. We can all support each other; #RiseUnited as Jean Lee says.”

Michelle is very egalitarian in her vision, stating, “I

also want people to create their own groups so the idea and tools can be scaled as much as possible.”

She feels that building these different networks

of truly deep personal connections will help the ending of Charlotte E. Ray’s story not feel like the inevitable conclusion for many black women. “We

need to go deeper to create that change. Make relationships, spend time together, understand and build that connection to deepen and broaden your visions of all you can be.”

Amazon Legal is a proud Champion Sponsor of the 2019 Creating Pathways to Diversity Conference

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Thank you for a successful Creating Pathways to Diversity Conference!

STRATEGIC MEMBERS

CHAMPION

TRAILBLAZERS

PITCH SESSION NETWORK DINNER SPONSORS

CATALYSTS

PIONEER

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COMMUNITY VIEWPOINT Individual VS. Insitution: Balancing Approaches for Change By Bendita Cynthia Malakia

WHILE THE DIVERSITY AND INCLUSION INITIATIVES THAT LEGAL ORGANIZATIONS

HAVE UNDERTAKEN COULD FILL A SET OF ENCYCLOPEDIAS, THE WAYS THAT DIVERSITY AND INCLUSION INITIATIVES AT THOSE ORGANIZATIONS HAVE HISTORICALLY BEEN EVALUATED COULD FILL A POST-IT NOTE.

Competitor legal organizations, prospective talent, clients, third party organizations and the market at-large historically have primarily used awards, third party rankings and surveys, diversity demographics (especially at more senior levels of the organization), and the size and scale of diversity initiatives to determine the strength, health and efficacy of a legal organization’s diversity and inclusion program. This is reflective of an institutional evaluation model: stakeholders and other interested parties looking at the overall picture of the organization as evidence of its diversity posture. Institutional requests for diversity information are increasing in volume and complexity and have led in-house counsel and third party diversity organizations to be increasingly invested in the progress that these legal organizations are making. A shift in perspective is developing led by clients and third party organizations charged with advancing diversity and inclusion. Depending on how long they have been paying attention to the state of diversity and inclusion in the legal profession, anyone that is truly invested is likely either moderately optimistic or devastatingly disappointed in the progress that has been made. Fact is, diversity and inclusion initiatives have existed in legal organizations for decades. The industry has transitioned from the moral case to the business case and from qualitative analysis to quantitative analysis through initiatives like the American Bar Association 113 Model Survey and the Mansfield Rule. However, clients and third party organizations

that want to see more than incremental progress or no progress at all are inevitably reconceiving of the way they drive and evaluate diversity and inclusion progress. Rather than focusing on the diversity demographics and equity and inclusion initiatives of the institution itself, clients and third party diversity organizations are shifting their inquiries and investments to focus on the posture of individual diverse lawyers and their organizations’ specific actions to support them. This means that the diversity questions in those surveys, meetings and other inquiries are beginning to hinge on how well individual lawyers are positioned, including asking what leadership roles they hold, their involvement in matters, their advancement prospects, their positioning to be a successor relationship partner, and/or the amount of origination or other financial credit they receive. This is the core of the individual diversity evaluation and investment model, which focuses on individuals as proxies for institutional diversity success. Many clients and third party organizations that feel invested in diversity and inclusion and want to participate in ensuring that the progress is made use their financial power, resources and influence to make certain investments in diverse lawyers. These individual investments are wide ranging and may include: •

Pairing in-house counsel with law ﬁrm lawyers to attend events or other developmental programming;

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•

Hosting programs that provide pitch training, substantive skill development (e.g., negotiation) and mentoring by and with in-house counsel;

•

Partnering with diverse lawyers on articles, speaking engagements and other proﬁle raising opportunities;

•

Advocating for speciﬁc individuals to be a successor client relationship lawyer or to receive certain types of origination, matter handling or other types of ﬁnancial and titular credit; and

•

Pushing for certain lawyers to make partner or otherwise be advanced at their legal organizations.

Facilitating these types of individual investments in diverse lawyers lends legitimacy to the adoption of a diversity evaluation and investment model that is focused on individual progression. In other words, it allows clients and third party organizations to put their money where their mouth is with respect to their diversity and inclusion ambitions. There are many other reasons that the individu-

al diversity evaluation and investment model is appealing, and I will address some of those in turn: •

Evaluating an organization as a whole is an overwhelming endeavor. Trying to ascertain progress through the vast amount of information that can AGAZINE SPRING ISSUE 2018 2 D &D B& BM M AGAZINE WINTER ISSUE 2020 |

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be produced to reﬂect an organization’s diversity posture results in inconsistent comparisons and a real inability to conﬁdently ascertain where an organization actually is in its diversity and inclusion journey. •

No one has the magic formula. The explicit, implicit, conscious and unconscious biases and racism, sexism, homophobia and ableism that underpin the need for diversity and inclusion initiatives infuse every aspect of organizational and individual behavior. Most legal organizations don’t have transforming diversity as their primary mission. As a result, legal organizations focus on single initiatives or a multitude of initiatives that address a variety of needs but are not integrated in a cohesive way that allows the full transformation of the fundamentals of the organization and the prospects of the diverse lawyers that are a part of it. When the progress an institution has made on diversity and inclusion isn’t readily apparent as evidenced by statistical data, external parties look to initiatives that the organization is undertaking to produce organizational transformation

and impact outcomes for diverse lawyers. When the progress that individual lawyers make is more tangible and transparent, the metrics for success (e.g., advancement, ﬁnancial compensation, book of business, etc.) are more clear and measurable.

•

It is easier to help individual lawyers. Making a meaningful and measurable impact on an individual is much easier than impacting the organization as a whole. The individual diversity evaluation and investment model permits clients and third party organizations to potentially determine the outcome of the primary factors that determine an individual diverse lawyer’s success, be it hours worked, book of business, client access, or ﬁnancial credit. In a world of scarce resources, clients and third party organizations may have the ability to leverage enough power, access and other resources that can overcome institutional and societal barriers to that individual’s development and advancement. Shifting focus to the individual crystallizes the investments and tradeoffs that a legal organization must make to retain their diverse lawyers. Diversity success becomes tangible rather than theoretical.

law firms is that they have seen that diverse partners are lateraling from one law firm to another, indicating that the organizations may not have the culture or ability to support them, help them grow their practice and ultimately to retain them. Shifting focus from the diverse partner percentage to what is happening to specific individual diverse lawyers does not resolve this problem, but it does allow parties concerned about the support that diverse lawyers are receiving to direct their resources toward those individual lawyers in an attempt to address that problem on the micro-level. •

Individually focused approaches Showcases whether an organization can support robust internal pipeline development and advancement rather than just poach talent externally. If one statistic can be chosen as the signature evalua-

Avoids the challenge of having to mine through data and determine an accountability mechanism. The institutional diversity evaluation model often rests on clients and third party organizations requesting volumes of diversity information from overall demographic position, hires, attrition, promotions, compensation, initiatives, policies, programs and other information. Often, those requesting this vast amount of information do not have a tool to easily evaluate or compare the information submitted. This can be disheartening

tion metric for the ability of a legal organization to develop and attract top diverse talent, it would be the diverse partner percentage. A client once noted that their biggest frustration with evaluating the diverse partner percentage at their external

for both clients and third party organizations who do want to work with, recognize and reward legal organizations that have managed to make strides, and for legal organizations that take resources and time to compile massive amounts of 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 W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

IT IS RARE THAT THIS FOCUS ON INDIVIDUAL LAWYERS RAISES THE TIDE FOR ALL DIVERSE LAWYERS WITHOUT AN ATTENDANT FOCUS ON INSTITUTIONAL CHANGE. ABSENT INSTITUTIONAL EFFORTS, THE ONLY OTHER WAY MOST DIVERSE LAWYERS BENEFIT IS IF THE INDIVIDUAL DIVERSE LAWYER RECOGNIZES THE SPECIAL INVESTMENTS THEY ARE RECEIVING AND CHOOSES TO USE THEIR POLITICAL CAPITAL (TO THE EXTENT THEY HAVE ANY) TO SHEPHERD THAT GOODWILL TO OTHER DIVERSE LAWYERS. a legal organization on the backs of one or more specific lawyers. While the individual lawyers themselves may not be aware of that burden, the organization can inadvertently put pressure on that lawyer to be the embodiment of diversity success adding to the other pressures that lawyers face in their organization. Additionally, it is rare that this focus on individual lawyers raises the tide for all diverse lawyers without an attendant focus on institutional change. Absent institutional efforts, the only other way most diverse lawyers benefit is if the individual diverse lawyer recognizes the special investments they are receiving and chooses to use their political capital (to the extent they have any) to shepherd that goodwill to other diverse lawyers. The stars aligning in this way is not likely. Lastly, while streamlining all resources into specific diverse lawyers gives those lawyers a shot at success, when they leave the organization there is no trace of diversity progress for the organization to point to.

information that leads to naught. Focusing on the success of the individual diverse lawyer avoids this challenge entirely. Though there are many reasons why an individual diversity evaluation and investment model can be beneﬁcial, the shift from an institutional diversity evaluation model may have negative implications on the ability to make a meaningful impact on diversity and inclusion. Some of the sacriﬁces made in the transition include: •

•

The individual diversity evaluation and investment model alleviates most of the pressure on the legal organization to move the needle on diversity and inclusion. While there is some drive to improve diversity and inclusion at legal organizations because it is the right thing to do, most of the progress over the last half-decade has come due to the client and third party focus on institutional data and initiatives. Legal organizations have been somewhat responsive to these inquiries in a desire to get more business, favorability in the market and better rankings, but may take the foot off the gas on making the hard institutional changes required to effectively develop and advance internal diverse pipelines of lawyers as a whole. There is a risk of tokenism and/or magniﬁed clout in a few diverse lawyers. Highlighting individual diverse lawyers due to one or more special characteristics, surface or substantive marketability, or even signiﬁcant promise can put all the hopes and dreams of diversity and inclusion for AGAZINE SPRING ISSUE 2018 4 D &D B& BM M AGAZINE WINTER ISSUE 2020 |

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•

The primary mechanism driving innovation disappears. Without pressing institutional inquiries, it can be challenging for clients and third party organizations to adequately convey the areas that are of concern to them. Given that most legal organizations are not where they should be on diversity and inclusion, individual inquiries slow the pace of change as legal organizations no longer aggressively pursue the benchmarks established by institutional inquiries. Focusing on the individual diverse lawyer leads to tailoring resources speciﬁc to develop that individual

•

rather than on the resources that would generally develop more diverse lawyers. If in the future, the diversity health of the institution is again the focus, legal organizations wouldn’t have made the necessary changes to be ready to meet those expectations.

model to the individual diversity evaluation and in-

Client involvement in legal organization management is intensified. An increasingly common complaint from in-house counsel is that they are expected to be responsible for certain aspects of legal organization management, in addition to their own responsibilities at their own organizations. In other words, the legal organizations themselves should be able to effectively staff client matters with diverse teams, ensure that diverse lawyers are in management or ascend to the partnership, and determine equitable compensation schemes without a requirement or incentive from in-house counsel. However, most legal organizations’ ability to do so in a way that is diverse, inclusive and equitable hasn’t come to fruition, so clients that care intensely about diversity and have the ability to influence outcomes do so to fill the gap. Focusing on the individual takes broader conversations about how the organization is progressing as a whole on diversity and inclusion, and pushes the organization to make specific decisions that can be somewhat dictatorial with respect to individual personnel decisions, including ensuring that a specific diverse lawyer advances, whether that specific diverse lawyer gets financial credit, whether that specific diverse lawyer will be the client relationship partner, or whether that specific diverse lawyer will work on the matter. While the individual diversity evaluation and investment model addresses a lot of client and third party organizational needs, this is a gap that may be not be addressed.

required to achieve their full potential. And if clients

As articulated, there are a lot of beneﬁts and drawbacks to the transition of the legal diversity industry from the institutional diversity evaluation

vestment model. To be most effective, utilizing both

approaches is required to make an impact and effect

lasting change. It is important to ensure that the

system does not fail those that are high potential, and that they receive the development and investments and third party organizations want to leverage their

resources and power to be king-, queen-, and monarch-makers for individual diverse lawyers where it otherwise might not happen, those efforts should

be fully encouraged and supported. This approach alone requires that clients and third parties intervene

to save the day repeatedly and in perpetuity, unless there is a companion institutional approach that is

being driven within the legal organization. Although

the institutional diversity evaluation model requires

fundamental changes to the legal organization which are more challenging, only those changes are going

to ensure that all diverse lawyers with promise have a chance to succeed. Continuing to press for inno-

vation in institutional change is necessary to ensure that legal organizations are taking more than just a

business as usual approach to diversity and inclusion. While that is happening, clients and third party orga-

nizations providing essential support of individual diverse lawyers, is welcome.

BENDITA CYNTHIA MALAKIA Hogan Lovells

bendita.malakia@hoganlovells.com http://www.linkedin.com/in/bendita

Bendita Cynthia Malakia is Senior Inclusion Manager at Hogan Lovells. In her role, Bendita focuses on integrating diversity and inclusion into the architecture of the ﬁrm, investing in high potential diverse lawyers, creating a culture of inclusion, and advancing the business case for inclusion by engaging clients. Prior to joining Hogan Lovells, Bendita was a diversity and inclusion consultant, a private lending lawyer at Goldman Sachs Bank, a development ﬁnance lawyer at International Finance Corporation and Norton Rose Fulbright. A graduate of Barnard College and Harvard Law School, Bendita is Secretary of the Board of the National LGBT Bar Association. 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 W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

rutluCC Culture Change:

Collaboration and Change - Barclays By Catherine McGregor

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Chang Barclays legal department has been focused on developing

inclusion and diversity both internally and externally for a number of years. The department’s journey demonstrates

the unique role that in-house counsels have as inﬂuencers;

both within their own organizations and externally within the wider profession.

Sowing Seeds: Bring Your Whole Self To Work In recent years much of Barclays legal department’s focus on diversity and inclusion has been centered around its ‘Bring Your Whole Self To Work’ campaign aimed at promoting inclusion globally in the legal team. That campaign was designed to address the otherness and exclusion that anyone can feel in a situation where the dominant culture leads to people hiding fundamental aspects of themselves in the workplace. This focus was also linked to creating real change, moving inclusion and diversity beyond rhetoric. Philip Aiken, Head of Legal for Regulated and Unregulated Lending explains why, for him, this was fundamental. “‘Bring Your Whole Self To Work’ was our ﬁrst banner when I took on the mantle of Diversity and Inclusion. A key part of it was driving real meaningful change in the department. A lot of people talk about inclusion

and diversity and go to events, and while there can be a lot of passion there, the key is to land initiatives that make actual changes on the ground. It’s critical to move away from what I term ‘D&I tourism’ towards initiatives that really move the needle and deliver real change for the function as a whole.” Tracey Dovaston, Head of Litigation, Investigations and Regulatory Enforcement EME, has seen ﬁrsthand the value of diversity. “Legal in Barclays is a very diverse function and we are proud of the statistics. Heading up our Litigation, Investigations and Enforcement team, I’ve actively encouraged diversity through recruitment and promotion, ensuring that everyone has access to these opportunities.” Tracey has been involved with projects internally with WIN, (the Barclays women’s network) and says she feels the most signiﬁcant element in producing D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

lasting change especially in regards to everyday behaviors which people may not realize are exclusionary. “Even now when I sit in meetings, I will clock the attendees and see if there is only one woman or if the ofﬁce banter is unintentionally exclusive.” Dynamic Working

Philip Aiken

meaningful change is the symbiosis in approaching diversity both internally and externally. “We’re looking at what we are doing within the department and also looking externally,” she says. “Within our suppliers, we’re looking for diversity in the lawyers we instruct and ensuring suppliers know this is really important to Barclays.” Philip and Tracey are two of the diversity and inclusion champions from the in-house legal team and Philip is now leading D&I for the legal function globally. “My interest was personal: being a gay man in the financial services industry which has historically been very masculine was something I felt acutely when I started out in my career in 2001, but I feel far less ‘other’ now than I did then. But if I felt like that, there must be many other people out there who feel the same way. There is a real risk that those people who feel ‘other’ in any workplace which has a dominant culture have to work even harder to rise to the top of those organizations than those people who find it natural to thrive in that culture and it is this, in my opinion, which drives homogeneity at the top of many organizations in the financial services industry and beyond.” While the needle has moved since he started at the bank, Philip is aware of the need to create 68

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Creating the lasting change around culture has been a significant area of focus both for the wider bank and for the legal team in particular. An example of an initiative which has had a wider cultural impact and has also helped to drive inclusion at the bank is the redefinition of flexible working practices as ‘dynamic working’, which has been adopted across the bank. The legal team was a driving force in its adoption. ‘Dynamic working’ provides all Barclays colleagues the opportunity to define how one works their life. It is defined as a method of empowering anyone to integrate their professional and personal lives in a way that works for them, to assist them in achieving their ambitions. While flexible working often constitutes or implies a change in working hours (usually a reduction), dynamic working may be just doing the same hours but from a different place. It becomes about the value of outputs, not the where and how. Flexible working can be associated with working mothers and can carry connotations of not working as much or not prioritizing ones’ career. By changing the semantics around flexible working patterns, Barclays hopes to push the concept to a broader meaning and audience. Barclays Law Firm D&I Consortium: The restructuring and change undertaken over the past few years in the legal team had, at its core, the desire to change culture and behaviors. A key aspect of this was in relation to inclusion and diversity, wider working practices and how services were purchased and from whom.

We asked our lawyers if they were hiring the same individuals all the time. They may be good, but that does mean we will never change the dial if we instruct the same people for years. We made it a requirement for all panel firms to provide us with diverse teams. While concern with inclusion and diversity has long been a staple of law firm panel reviews and RFPs, there have also been worries that in many cases these requirements have not really had any teeth or resulted in lasting change. To demonstrate that their panel process requirements for inclusion and diversity were more than ‘tick the box’ exercises for the review process, Barclays introduced the Barclays Panel Law Firm Diversity & Inclusion Consortium. Diversity and Inclusion is now one of 6 pillars in Barclays Expectations of Law Firms. There are three consortia across (i) UK & EME (Europe and Middle East), (ii) the Americas, and (iii) APAC (Asia Pacific). The purpose of each consortia is to share what members are doing to further the dialogue on diversity & inclusion in their respective organizations and regions, and, more importantly, to work together to deliver initiatives and to effect change which will drive meaningful improvement across diversity agendas for colleagues and also across the financial services legal industry. Bob Hoyt, the Barclays Group General Counsel, has spoken publicly of how important collaboration is to the way he leads and how he feels teams should work. The way the Diversity & Inclusion Consortia are structured similarly shows the importance of using collaboration for meaningful change - the dynamic that drives the initiative. Each regional consortium can choose different areas of focus. For 2019, the Americas and APAC

D&I Consortia have chosen to focus on the topic of mental health and well-being in the legal profession. The EME D&I Consortium has chosen to focus on the broader area of effecting cultural change. This collaboration and sharing of best practices established by the consortia is what drives them. As Philip explains, “It’s about people thinking beyond the remit of their organizations.” The expectation from Barclays of the consortium member law firms is also helping to drive better transparency around inclusion across the industry. Tracey agrees that the relationships built up with panel firms and then cemented via the consortium is a significant aspect of helping bring about change. “For each firm we work with, we have a relationship team. We expect these relationship teams to be diverse.” Tracey says part of the process is looking critically at hiring practices from both sides. It’s true that law firms need to become more diverse and inclusive but clients also have a responsibility to move the needle by really changing who they hire and not default to the same non-diverse teams, while advocating in the abstract for more diversity and inclusion. Inclusion starts with every hiring decision, as Tracey explains. “We asked our lawyers if they were hiring the same individuals all the time. They may be good, but that does mean we will never change D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

are organized into sets or chambers, these do not work in the way traditional law ﬁrms do. Rather they are more like a collective of self-employed individuals. Much of the allocation of work is handled by a team of clerks who book work for individual barristers within the set. To train as a barrister you need to gain a pupillage where you work with a more experienced qualiﬁed barrister. These are incredibly competitive and often connections and pedigree count for more than anything. In many of the commercial sets there is still very little diversity. Tracey Dovaston

the dial if we instruct the same people for years. We made it a requirement for all panel firms to provide us with diverse teams.” No Bar to Inclusion The team is not just applying a diversity lens to law firms but including barristers (known collectively as The Bar). In the UK and other Commonwealth-based legal systems, there is a division in the bar between solicitors and barristers - barristers will appear in court and be instructed by solicitors. For a US analogy for those readers who may be unfamiliar with this, it’s as if trial lawyers had a different infrastructure to other lawyers. Traditionally, solicitors instructed barristers to appear in court on behalf of their clients but since the introduction of direct access, clients who are qualified solicitors (such as most in-house lawyers) are allowed to instruct barrister sets that offer direct access directly without the involvement of solicitors. Traditionally the bar has skewed as very white, upper class and male and there has been little wholesale appetite for diversity and inclusion. The structure of the bar makes it challenging for those who do not confirm to the majority. While barristers 70

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Examples of sexism and racism are still rife at the bar and while there’s appetite for change from some barristers, many do not see an issue with the status quo. Interestingly many clients who are very vocal on diversity in law firms have not always joined the dots and extended their efforts to in fluence barristers as well, but Barclays legal team is doing so. As the Head of Litigation, Investigations and Regulatory Enforcement, Tracey Dovaston is at the forefront of much of the team’s engagement with barristers, and the team is asking sets to provide them with diverse slates. The focus on the bar and making it clear to barristers’ sets that diversity is not just an optional extra has been interesting, Tracey acknowledges. “In the past I have had a discussion with a chamber where I was told, ‘Oh, you don’t want to instruct that female barrister because she is pregnant.’ We have been making our position on diversity clear and I think more chambers are taking it seriously now.” Only Connect A significant aspect for many legal teams now in ensuring they have diverse slates is getting to know a wider variety of individuals from across law firms. Getting to know diverse individuals means that, as clients, the legal teams can make a difference to one individual lawyer’s career. Diverse lawyers getting work opens up the possibility of wider

cultural change in their firms or sets as leadership sees that diversity produces results. But getting to know diverse individuals is key: opening channels of communication so clients can ensure that the people they want to get their work is a way to produce tangible change in the profession. As Tracey explains, “Being introduced to a variety of people across firms so we are definitely instructing the right individuals has been key. By ensuring that our panel firms introduce us to more diverse partners it allows us to give opportunities to individuals who are up and coming in their firms to work on significant cases and rise into more senior positions.” The team is using the same criteria in instructing barristers sets as well. What this has been producing, says Tracey, is a virtuous circle which has been great for morale within the internal legal team. “It’s great for the team to see we have been working both internally and externally on diversity and inclusion and not just talking about it,” she acknowledges. Diverse teams are now part of the requirements for Barclays’ external advisers. This means looking at the teams that have been provided, and if the team is not diverse Barclays will actively question that and ask for a more diverse team. To assist in this, the legal team has also been holding a series of events where they collaborate with firms and barristers’ chambers to allow Barclays to meet more diverse lawyers and barristers. “Through these we have met many fantastic women and lawyers of diverse backgrounds,” explains Tracey. “It’s now becoming the norm; we don’t have to call up and remind firms and chambers that they need to field a diverse slate. They know that’s what we need and the aim is for it to become completely automatic.” Collaboration for Change As Nelson Mandela declared, “Together we are stronger.” In the same way MCCA’s mission statement has highlighted the necessity of col-

Jane Son

laboration in driving true progress and change. #RiseUnited, this year’s theme, reinforces its mission and recognizes that change has to bring together different groups working for a common goal. The same recognition of the power of creating links and working together to make the change is at the heart of Barclays’ D&I Consortium. “Client Collaboration leads to crucial communication” explains Jane Son, Director in the Banking Legal team at Barclays, based in New York. The Law Firm Consortium is based on the law ﬁrm – client relationship being a collaborative partnership. “This partnership extends well beyond quality of service, client feedback forms and billing arrangements. These relationships are human. We are looking to delve into how law ﬁrms and their corporate clients are advancing well-being in the profession.” For initiatives like the D&I consortium to really work is inclusive leadership. As Juliet Bourke and Andrea Espedido of Deloitte write in Harvard Business Review: “Simply throwing a mix of people together doesn’t guarantee high performance; it requires inclusive leadership — leadership that assures that all team members feel they are treated respectfully D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

A Word from Paul Hastings The Mindful Business Charter gives an incredibly important message. We all work hard; we’re in the professional services industry but we can’t just carry on the way we have been: it’s all about smart working, intelligent working.

It’s a no brainer that having a more diverse and inclusive environment is better for business. Part of what’s needed to bring that about is ensuring that we are operating in a truly collaborative environment in regards to everything we do. Is the way we work inclusive- is it for the benefit of everyone? When you’re sending emails just make a mental note of whether you need to send the same basic stuff or can it wait for Monday or rather than doing a massive drop of documents on a Friday night. It’s smarter working, it’s not working less. Barclays have been great with thinking in that way for a number of years with their dynamic working designation.” Arun Birla - chair of the London office of Paul Hastings and vice-chair of the global Tax practice

and fairly, are valued and sense that they belong, and are conﬁdent and inspired.”

where it’s not up to par. However, many clients feel a

This echoes the ﬁndings of MCCA and Russell Reynolds Associates in their research into Inclusive Leadership. The report which was published in 2017 shows that inclusive leaders excel in four key areas. They bring awareness and clarity to problem areas, they practice courageous accountability to help resolve those problems, they empower others, and they foster innovative collaboration to unlock the unique contributions of each person in a group.

more likely to produce lasting results in their suppliers.

Innovative collaboration certainly describes the Barclays D&I Consortium. Corporate legal departments are generally more advanced than many law firms and may be thinking about inclusion and diversity in more global and intersectional ways. Similarly, given many corporates may have a very broad consumer base, some began to think about diversity and inclusion much earlier. Another key factor is that corporates are traditionally much more democratic in how they apply diversity. In many law firms, some benefits are still only available to lawyers or partners.

The ABA Commission For Women In The Profession

The traditional headlines about client and law ﬁrm interactions over diversity can frequently focus on

true partnership and encouragement via incentives is

It’s also true to remember that not all clients are

as focused on diversity and inclusion as the popular

rhetoric may seem. Law departments may be outliers in their organizations and industries where lack of

inclusivity is much worse than in law. Similarly the opaque structures and compensation practices of

many in-house legal teams may mask inequalities. This

was highlighted by research undertaken by MCCA, and The Center for Work Life Law at UC Hastings.

Their research, You Can’t Change What You Can’t See, was based on 2,827 respondents from throughout

the legal profession. Within that, some in-house de-

partments were also found to have signiﬁcant issues with gender pay disparity and career progression.

Clients don’t have all the answers and neither do

law ﬁrms have all the problems.

That’s why the partnership and collaboration aspect

of the consortium is really helpful for Barclays and its

panel law ﬁrms and can serve as a role model for other in-house teams and their outside counsel.

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Rising Star Academy What happens when a company decides to step out of its comfort zone and seek out the best diverse talent for its legal team in non-traditional ways? For insurance and ďŹ nancial services company State Farm, an introduction to a rising star facilitated by MCCAâ€™s Pathways pitch session has led to greater things. By Catherine McGregor and Jodi Bartle

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Rising Star group photo (2019)

State Farm is a company committed to in-

creasing diversity in the legal profession by

providing meaningful opportunities for diverse

attorneys to compete for and obtain the best client work. The company recognizes that the

success of diverse attorneys attracts others into the profession and thus, the legal community

ultimately becomes more representative of the population it serves. To that end, State Farm

created the Rising Star Academy to expose in-

vitation-only participants to State Farm’s culture, history and key business and legal leadership.

Les Boswell, Counsel at State Farm, explains

that the inaugural Rising Star Academy was held in October at the company’s corporate headquarters in Bloomington, Illinois, for thirteen diverse lawyers from across the country from a 76

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variety of practice groups. “We selected the Rising Star Academy participants from individuals we met at diverse bar association events such as MCCA or NAPABA (National Pacific Asian American Bar Association) and NAMWOLF (National Association of Minority and Women Owned Law Firms) firms we have engaged. We chose attendees who are diverse, in terms of gender, sexual orientation, disability, or race or who are a member of a minority-owned law firm. Possible attendees were suggested by our D&I Law Firm Diversity sub-committee members and Law Department leadership,” Les says. He says their committee identified people who they felt had great communication and networking skills and could be strategic thought

partners with State Farm’s in-house lawyers. “Our lawyers might come back from a conference and say they met an impressive attorney, but the stars might not have aligned to get that attorney work. By creating the Rising Star Academy, we hope to eliminate some of the barriers to on-boarding talented new outside counsel.” He stresses that this was not about going to the firms to find the diverse talent. “Historically our GC has said that we don’t hire firms, we hire lawyers. We went to the people we wanted.” Les says the attendees at the Rising Star Academy come from three different categories: “People currently doing work for State Farm; lawyers from firms that we currently use but where we have not yet engaged the attendee from the Rising Star Academy, and then diverse lawyers with whom we had no current relationship.” Most attendees of Rising Star Academy, he says, came from the third category.

Les Boswell

He says that participants expressed extremely positive feedback regarding the Rising Star Academy. “We provided conﬁdential surveys to all participants after the conference and the feedback was overwhelmingly complimentary, even beyond our expectations for a ﬁrst year event.” As for results, Les notes State Farm has already assigned matters to one of the attendees that had not previously been retained by State Farm. State Farm can already see that the Rising Star Academy is bearing fruit. He names Tracey Salmon-Smith, partner at Drinker Biddle, and Megan O’Neill, partner at Delgado Tarango O’Neill, as impressive attorneys he met through MCCA and other events. “However, it was MCCA’s pitch session network that led to our passing their names along to our leadership for the Rising Star D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Academy.” Of special note is Cory Patterson, associate at South Carolina law firm Haynsworth Sinkler Boyd who started doing claim handling work for State Farm in South and North Carolina after meeting State Farm lawyers at MCCA’s Pathways Conference. “Even though he is already doing work for us, we think there is an opportunity to get him more involved in our legal representation. Allowing the Rising Star Academy attendees to develop relationships with more State Farm attorneys is really beneficial for them and for State Farm. Everyone at State Farm was extremely impressed by the talent and potential of the Rising Star Academy attendees,” Les says. Beyond State Farm, he hopes the success of the Rising Star Academy in uncovering diverse talent sends a message to larger majority owned firms because “they need to pay attention to diverse talent - everyone does, frankly.” Les says that over the course of the Rising Star Academy, State Farm purposefully did not make partnership track a huge focus, although he acknowledges this is naturally an outcome for the conference. “If we send meaningful work to all attendees that will naturally help attendees that are associates become partners at their firms. Another ‘to do’ item as we move forward is being more intentional in conversations we have with firms about origination credit and team make ups,” he adds. Refreshingly, Les says that they are not focused on where the Rising Star Academy attendees went to law school, instead focusing more on the legal work they are performing and how their experience matches State Farm’s needs. 78

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Cory Patterson

Associate, Haynsworth Sinkler Boyd State Farm Rising Star Cory first met with State Farm at its inaugural pitch session at MCCA’s Pathways. He says he had done pitch sessions before and had always found them to be a bit like speed dating. “Allowing thirty minutes was the most amount of time I had ever spent in a session and this allowed us to interact better; it was so helpful to be able to step in and meet the folks from State Farm,” he says. One of the first lawyers in State Farm’s Rising Stars program, Cory was able to meet State Farm’s General Counsel, Deputy General Counsel and other participants during the conference. He highlighted the impact of MCCA’s original pitch session network, which showed the attendees the best way to pitch work to in-house counsel at companies like State Farm and inspired the team there to develop their Rising Star from that. “What State Farm is doing is training lawyers and taking responsibility and that uplifts the entire profession, effectively paying it forward,” he notes. His firm, Haynsworth Sinkler Boyd, had for a number of years stepped away from insurance, and Cory says it wasn’t until he was brought into State Farm work that they re-evaluated this. ”There is a commonality between me and the folks from State Farm - they take diversity seriously and are willing to step out and say, ‘we think this lawyer is a good fit for us and we are willing to give them work’. It’s about taking an interest in me as an individual,” he says. In a nod to a focus on origination, Cory says that when he brings senior partners to State Farm, they have been very candid about saying that they want

all work to go through him. “That’s what you want in every pitch,” he notes. “It’s incumbent not only on law ﬁrms but also in-house counsel to make in-

dividualized relationships. This is really no different from mentorship in a law ﬁrm and this becomes

incumbent upon that lawyer. Because State Farm can give me work I can give work to associates of color that I bring.”

Cory says the Rising Star Academy and his initial

introduction by MCCA deﬁnitely made a significant difference for him in his career path. “Two

years ago when I asked my ﬁrm to join MCCA, they were not sure but now they see the value of

it. I am now Vice Chair of our diversity committee

- because of MCCA, my ﬁrm allowed me to set up our committee.”

“You need something that breaks the mold, and

new networks can certainly break the old ones. If

you give a diverse lawyer a shot, lots of clients and ﬁrms would be surprised at the talent they have,”

he says. As to advice to other diverse lawyers, he reiterates the importance of being active in local

bar and afﬁnity organizations and stepping outside of comfort zones and meeting people. “Our

profession is relationship-based; the more relation-

ships you have, the more work you get,” he says. “When I was a second year in law school I didn’t

have a summer internship. My Dean reached out to Tom Sager (former GC at DuPont and a founding member of MCCA) and he and I exchanged emails

from when I was second year law student until now in my third position as an attorney.”

Cory Patterson

Cory says don’t be afraid to ask folks for help because, even if they might not be able to help, they might know people who can. “There are lots of opportunities if you just ask. Use other people’s networks: stay tenacious about it even though you will hear ‘no’. Don’t take it personally.” He says that if he had not attended the MCCA pitch session he would not be where he is now. “At that time I was doing work for a partner as most associates do when they are at large law firms. However, due to my involvement with MCCA, I began taking ownership of my own career and building my own book of business.” He says he can chart the change in his firm’s hiring alone. “When I stepped into my firm we had two attorneys of color and only one partner, now we have seven attorneys of color. You can see the change. We won’t make the change overnight and we shouldn’t - you don’t want to bring in diverse lawyers and have no support. It’s good to see people who have blazed a trail and now more diverse talent is interested in our law firm. When they get in there they can see it’s not the same culture, the culture is more inclusive and open, and it makes our firm standout, even though our firm is one of the oldest in South Carolina.” D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

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 2020 STRATEGIC MEMBERS

CORPORATE MEMBERS

Entergy Corporation

JM Family Enterprises

AbbVie Inc.

Exelon Corporation

JPMorgan Chase & Co.

Agilent Technologies, Inc.

Exxon Mobil Corporation

Kelly Services, Inc.

Allstate Insurance Company

Facebook, Inc.

Liberty Mutual Insurance

Altria Client Services, Inc.

Federal Home Loan Bank of Pittsburgh

LPL Financial LLC

Amazon.com, Inc.

Fidelity Life Association

Marriott International, Inc.

Autodesk, Inc.

Fiserv, Inc.

MassMutual

BIC International

Flowserve Corporation

Mastercard

Bristol-Myers Squibb Company

Football Northwest LLC (Seattle Sea-

Merck & Co., Inc.

Cantor Fitzgerald

hawks)

MetLife, Inc.

Capital One

Freddie Mac

Microsoft Corporation

Ceannate Corp

Gap Inc.

Mondelez International

Chevron Corporation

Genentech, Inc.

Morgan Stanley

Choice Hotels International, Inc.

General Electric Company

MRO Corporation

Church Mutual Insurance Company

General Motors

Nationwide

CIGNA Corporation

GlaxoSmithKline plc

New York Life Insurance Company

Citigroup Global Markets Inc.

Google LLC

NFM Lending, Inc.

Comcast NBCUniversal

Honda North America, Inc.

Nokia Corporation

Converse Inc.

Honeywell International Inc.

Northrop Grumman Corporation

Cox Communications, Inc.

HP Inc.

Nuclear Electric Insurance Limited

Darden Restaurants

IBM Corporation

Pearson Education, Inc.

Dell Inc.

Ingersoll-Rand PLC

PepsiCo, Inc.

Discover Financial Services

Intel Corporation

Premier Media Inc.

Eaton Corporation

International Paper Company

Prudential Financial, Inc.

eBay Inc.

JAMS

QBE North America

Entegris, Inc.

Johnson & Johnson Services, Inc.

Ripple

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Together We Work Better. We at Womble Bond Dickinson embrace diversity and inclusion as core values. Not just because they are good for business, but because they are the right values for our clients, our team members and our communities.

Contact Kevin Lyn, Partner and Co-Chair of the Diversity Committee kevin.lyn@wbd-us.com womblebonddickinson.com

“Womble Bond Dickinson,” the “law firm” or the “firm” refers to the network of member firms of Womble Bond Dickinson (International) Limited, consisting of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) LLP. Each of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) LLP is a separate legal entity operating as an independent law firm. Womble Bond Dickinson (International) Limited does not practice law. Please see www.womblebonddickinson.com/us/legal-notices for further details.

Salesforce.com, Inc.

Crowell & Moring LLP

Sempra Energy

Davis Polk & Wardwell LLP

ServiceSource International, Inc.

Davis Wright Tremaine LLP

Shell Oil Company

Dechert LLP

State Farm Mutual Automobile Insur-

Dentons US LLP

ance Company

DLA Piper LLP

Stripe, Inc. Summit Materials, Inc. The Hershey Company The Vanguard Group, Inc. Thermo Fisher Scientiﬁc Thomson Reuters Twitter, Inc. UnitedHealth Group United Services Automobile Association, Inc. (USAA) United States Steel Corporation Varian Medical Systems, Inc. Verizon Communications ViacomCBS Inc. Visa Inc. VMware, Inc.

Dorsey & Whitney LLP Drinker Biddle & Reath LLP DTO Law 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 Forman Watkins & Krutz, LLP Friedman Kaplan Seiler & Adelman LLP Goodwin Procter LLP Groom Law Group Hamilton, Miller & Birthisel, LLP

Walmart, Inc.

Harrity & Harrity, LLP

LAW FIRM MEMBERS

Hogan Lovells US LLP

Akin Gump Strauss Hauer & Feld LLP Anderson Kill P.C. Arent Fox LLP Axinn Veltrop & Harkrider LLP Baker McKenzie Barta, Jones & Foley, P.C. Begum Pelaez-Prada, PLLC** Beveridge & Diamond P.C. Blank Rome LLP Boies Schiller Flexner LLP Brown Law Group Buchanan, Ingersoll & Rooney, PC

Haynsworth Sinkler Boyd, P.A. Husch Blackwell LLP Imperium Patent Works LLP Innis Law Group LLC Kaufman Dolowich & Voluck, LLP Keller and Heckman LLP Kobre & Kim LLP Levine Lee LLP Lindow Stephens Treat LLP Littler Mendelson P.C. Loeb & Loeb LLP LTL Attorneys LLP Manatt, Phelps & Phillips, LLP

Buckley LLP

Marrero & Wydler

Butler Snow LLPCarlton Fields Jorden

Massey & Gail LLP

Burt, P.A.

McDermott Will & Emery LLP

Chen Malin LLP

McGuireWoods, LLP

Cooley LLP

MDO Partners

Covington & Burling LLP

Miles & Stockbridge P.C.

Cozen O’Connor

Miller & Chevalier

D & B M A G A Z I N E W I N T E R I S S U E 2 0 2 0 | W W W. M C C A . C O M

Miller Law Group, P.C.

Mitchell Silberberg & Knupp LLP Morgan, Lewis & Bockius LLP Murphy & McGonigle, P.C. Nixon Peabody LLP

Norton Rose Fulbright US LLP Nossaman LLP

Orrick, Herrington & Sutcliffe LLP Parker Poe

Paul Hastings LLP

Pearne & Gordon LLP Pirkey Barber PLLC

Proskauer Rose LLP

Quarles & Brady LLP Reed Smith LLP

Richards, Layton & Finger, P.A.

Saul Ewing Arnstein & Lehr LLP Schiff Hardin, LLP

Scott Douglass & McConnico LLP Seyfarth Shaw LLP

Sheppard, Mullin, Richter & Hampton LLP

Shook, Hardy & Bacon LLP

Skadden, Arps, Slate, Meagher & Flom LLP

Smith Villazor LLP

Stevens & Lee, P.C. Stinson LLP

Sullivan & Cromwell LLP

Taft Stettinius & Hollister LLP Thompson Coburn LLP Venable LLP

Vinson & Elkins LLP White & Case LLP Willenken LLP WilmerHale

Womble Bond Dickinson (US) LLP

Young Conaway Stargatt & Taylor, LLP

BECOME AN MCCA MEMBER TODAY. Take advantage of member beneﬁts from professional development, research, networking and thought leadership resources. Learn more about our

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REQUEST REPRINTS OF D&B MAGAZINE OR SINGLE-ARTICLES MCCA offers companies, law firms, and individuals the opportunity to purchase semi-customized versions of Diversity & the Bar® articles for professional use. Purchasers will receive a global, royalty-free, revocable, five-year license (subject to technical specifications) to post the article on the corporation/firm website, and to print unlimited copies for distribution for marketing and client development purposes. The license does not allow the licensee to use MCCA’s content for any other purpose, including distributing MCCA materials at conferences and excerpting licensed content for inclusion in other publications.

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