A Lifetime of Achievement Ursula Burns

® November/December 2013

A LIFETIME OF ACHIEVEMENT URSULA BURNS

MCCA’S 2013 AWARD WINNERS PAGE 26 RAINMAKERS RAKE IT IN PAGE 36

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Taking diversity and inclusion to the next level Chicago Leaders Carmen H. Lonstein Baker & McKenzie LLP Chicago 312.861.8000 Bankruptcy & Workout: Commercial Beverly N. Masuda Brady Connolly & Masuda PC Chicago 312.425.3134 Workers' Compensation Defense At Ogletree Deakins, we Danielle Anne Phillip Brinks Hofer Gilson & Lione Chicago 312.840.3232 Intellectual Property believe that our Aurora N. Abella-Austriaco Clark Hill PLC Chicago 312.985.5900 philosophy and practice Foreclosure Defense; Real Estate: Associations & Condominiums; Real Estate: Residential; Real Estate: Commercial of inclusion—soliciting, René A. Torrado, Jr. Corboy & Demetrio PC Chicago 312.346.3191 Antitrust; Commercial Litigation; ADR: Commercial Litigation; Personal Injury: General valuing, and incorporating Sang-yul Lee Edwards Wildman Palmer LLP Chicago 312.873.3631 the myriad viewpoints of Employment: Management; International Business & Trade; Labor: Management our lawyers—make the LaVon M. Johns Gonzalez Saggio & Harlan LLP Chicago 312.236.0475 firm more creative, Land Use, Zoning & Condemnation; Public Finance; Real Estate: Commercial; Real Estate: Finance Emily J. Kuo Harrison & Held LLP Chicago 312.332.5547 stronger, and better able Trust, Will & Estate Planning to address the evolving José Jorge Behar Hughes Socol Piers Resnick & Dym Ltd Chicago 312.604.2614 issues in the workplace. Civil Rights/Constitutional; Employment: Employee; Employment: Management; School Law Rick Hammond Johnson & Bell Ltd Chicago 312.984.3425 C Insurance, Insurance Coverage & Reinsurance With more than 650 M Nerissa Coyle McGinn Loeb & Loeb LLP Chicago 312.464.3130 attorneys in over 40 Advertising & Media; Arts, Entertainment & Sports; Copyright & Trademark; Intellectual Property Y offices in the United Li-Hsien Rin-Laures MD Marshall Gerstein & Borun LLP Chicago 312.474.6300 CM Intellectual Property States and Europe, MY Michael C. Kim Michael C Kim & Associates Chicago 312.419.4000 Ogletree Deakins is one Real Estate: Associations & Condominiums; Real Estate: Commercial; Real Estate: Residential CY of the nation’s largest CMY Langdon D. Neal Neal & Leroy LLC Chicago 312.641.7144 labor and employment Commercial Litigation; Governmental, Municipal, Lobbying & Administrative; Land Use, Zoning & Condemnation; Public Finance; Real Estate: Commercial K Larry R. Rogers, Jr. Power Rogers & Smith PC Chicago 312.236.9381 law firms, exclusively Personal Injury: General representing Larry R. Rogers Power Rogers & Smith PC Chicago 312.236.9381 management. Aviation; Personal Injury: General; Personal Injury: Professional Malpractice; PI: Transportation Including FELA & Maritime Leading Lawyers Recognizes Our DiversityRecognizesOur LawyersLeading Jorge V. Cazares Pugh Jones & Johnson PC Chicago 312.768.7800 Civil Rights/Constitutional; Land Use, Zoning & Condemnation; Public Finance Walter Jones, Jr. Pugh Jones & Johnson PC Chicago 312.768.7800 Civil Appellate; Commercial Litigation; Criminal Defense: White Collar Kathleen R. Pasulka-Brown Pugh Jones & Johnson PC Chicago 312.768.7800 Commercial Litigation; Federal Regulatory; Governmental, Municipal, Lobbying & Administrative; Telecommunications Preston L. Pugh Pugh Jones & Johnson PC Chicago 312.768.7800 Civil Rights/Constitutional; Commercial Litigation; False Claims Act/Whistle Blower; Governmental, Municipal, Lobbying & Administrative Stephen H. Pugh Pugh Jones & Johnson PC Chicago 312.768.7800 Commercial Litigation; Governmental, Municipal, Lobbying & Administrative; Public Finance Patricia Brown Holmes Schiff Hardin LLP Chicago 312.258.5722 Commercial Litigation; Criminal Defense: White Collar Erika N. Chen-Walsh Schiller DuCanto & Fleck LLP Wheaton 630.784.7412 Family Law Graham C. Grady Shefsky & Froelich Ltd Chicago 312.836.4036 Governmental, Municipal, Lobbying & Administrative; Land Use, Zoning & Condemnation; Real Estate: Commercial Michael A. Chabraja Vedder Price PC Chicago 312.609.7790 Commercial Litigation FOR QUESTIONS ABOUT OGLETREE DEAKINS’ INCLUSION EFFORTS, PLEASE CONTACT: Michelle P. Wimes, Director of Professional Development and Inclusion A lawyer CANNOT buy the distinction of being a Leading Lawyer. This distinction [email protected] | Phone: (816) 471-1301 | www.ogletreedeakins.com was earned by being among those lawyers who were most often recommended by their peers in statewide surveys. Respondents COULD NOT recommend themselves or lawyers at their law firm. For a complete list of all Leading Lawyers and to view 312.644.7000 | LeadingLawyers.com profiles of the lawyers listed on this page, go to www.LeadingLawyers.com. A Division of Law Bulletin Publishing Company–est. 1854

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Taking diversity and inclusion to the next level Chicago Leaders Carmen H. Lonstein Baker & McKenzie LLP Chicago 312.861.8000 Bankruptcy & Workout: Commercial Beverly N. Masuda Brady Connolly & Masuda PC Chicago 312.425.3134 Workers' Compensation Defense At Ogletree Deakins, we Danielle Anne Phillip Brinks Hofer Gilson & Lione Chicago 312.840.3232 Intellectual Property believe that our Aurora N. Abella-Austriaco Clark Hill PLC Chicago 312.985.5900 philosophy and practice Foreclosure Defense; Real Estate: Associations & Condominiums; Real Estate: Residential; Real Estate: Commercial of inclusion—soliciting, René A. Torrado, Jr. Corboy & Demetrio PC Chicago 312.346.3191 Antitrust; Commercial Litigation; ADR: Commercial Litigation; Personal Injury: General valuing, and incorporating Sang-yul Lee Edwards Wildman Palmer LLP Chicago 312.873.3631 the myriad viewpoints of Employment: Management; International Business & Trade; Labor: Management our lawyers—make the LaVon M. Johns Gonzalez Saggio & Harlan LLP Chicago 312.236.0475 firm more creative, Land Use, Zoning & Condemnation; Public Finance; Real Estate: Commercial; Real Estate: Finance Emily J. Kuo Harrison & Held LLP Chicago 312.332.5547 stronger, and better able Trust, Will & Estate Planning to address the evolving José Jorge Behar Hughes Socol Piers Resnick & Dym Ltd Chicago 312.604.2614 issues in the workplace. Civil Rights/Constitutional; Employment: Employee; Employment: Management; School Law Rick Hammond Johnson & Bell Ltd Chicago 312.984.3425 C Insurance, Insurance Coverage & Reinsurance With more than 650 M Nerissa Coyle McGinn Loeb & Loeb LLP Chicago 312.464.3130 attorneys in over 40 Advertising & Media; Arts, Entertainment & Sports; Copyright & Trademark; Intellectual Property Y offices in the United Li-Hsien Rin-Laures MD Marshall Gerstein & Borun LLP Chicago 312.474.6300 CM Intellectual Property States and Europe, MY Michael C. Kim Michael C Kim & Associates Chicago 312.419.4000 Ogletree Deakins is one Real Estate: Associations & Condominiums; Real Estate: Commercial; Real Estate: Residential CY of the nation’s largest CMY Langdon D. Neal Neal & Leroy LLC Chicago 312.641.7144 labor and employment Commercial Litigation; Governmental, Municipal, Lobbying & Administrative; Land Use, Zoning & Condemnation; Public Finance; Real Estate: Commercial K Larry R. Rogers, Jr. Power Rogers & Smith PC Chicago 312.236.9381 law firms, exclusively Personal Injury: General representing Larry R. Rogers Power Rogers & Smith PC Chicago 312.236.9381 management. Aviation; Personal Injury: General; Personal Injury: Professional Malpractice; PI: Transportation Including FELA & Maritime Leading Lawyers Recognizes Our Diversity Our Recognizes Lawyers Leading Jorge V. Cazares Pugh Jones & Johnson PC Chicago 312.768.7800 Civil Rights/Constitutional; Land Use, Zoning & Condemnation; Public Finance Walter Jones, Jr. Pugh Jones & Johnson PC Chicago 312.768.7800 Civil Appellate; Commercial Litigation; Criminal Defense: White Collar Kathleen R. Pasulka-Brown Pugh Jones & Johnson PC Chicago 312.768.7800 Commercial Litigation; Federal Regulatory; Governmental, Municipal, Lobbying & Administrative; Telecommunications Preston L. Pugh Pugh Jones & Johnson PC Chicago 312.768.7800 Civil Rights/Constitutional; Commercial Litigation; False Claims Act/Whistle Blower; Governmental, Municipal, Lobbying & Administrative Stephen H. Pugh Pugh Jones & Johnson PC Chicago 312.768.7800 Commercial Litigation; Governmental, Municipal, Lobbying & Administrative; Public Finance Patricia Brown Holmes Schiff Hardin LLP Chicago 312.258.5722 Commercial Litigation; Criminal Defense: White Collar Erika N. Chen-Walsh Schiller DuCanto & Fleck LLP Wheaton 630.784.7412 Family Law Graham C. Grady Shefsky & Froelich Ltd Chicago 312.836.4036 Governmental, Municipal, Lobbying & Administrative; Land Use, Zoning & Condemnation; Real Estate: Commercial Michael A. Chabraja Vedder Price PC Chicago 312.609.7790 Commercial Litigation FOR QUESTIONS ABOUT OGLETREE DEAKINS’ INCLUSION EFFORTS, PLEASE CONTACT: Michelle P. Wimes, Director of Professional Development and Inclusion A lawyer CANNOT buy the distinction of being a Leading Lawyer. This distinction [email protected] | Phone: (816) 471-1301 | www.ogletreedeakins.com was earned by being among those lawyers who were most often recommended by their peers in statewide surveys. Respondents COULD NOT recommend themselves or lawyers at their law firm. For a complete list of all Leading Lawyers and to view 312.644.7000 | LeadingLawyers.com profiles of the lawyers listed on this page, go to www.LeadingLawyers.com. A Division of Law Bulletin Publishing Company–est. 1854

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TABLE OF CONTENTS

p.18 p.26 Best Ursula Burns is organizations committed to winning for diversity. the brain race.

p.36 It takes talent to FEATURES generate business.

8 Notes from the 18 MCCA’S LIFETIME President & CEO ACHIEVEMENT AWARD 10 Perseverance Ursula Burns, Xerox’s CEO, is many things. She is the in Profile Highlighting the contributions and first female African American CEO of a Fortune 500 talents of attorneys with disabilities. company. She is also the first woman to take the helm Jared D. Hager BY TOM CALARCO of a company that size from another women. More 14 Lawyer’s Lantern importantly, she is a model for diversity and an inspiration Offering illuminating professional to millions. MCCA celebrates her life and legacy with its 36 Rainmakers Rake It In guidance for your career. An Interview with Lifetime Achievement Award. BY JOSHUA H. SHIELDS MCCA’s annual list of Rainmakers proves it is a great Mark Roellig time to be a lawyer. This list includes attorneys from 26 MCCA’S 2013 AWARD WINNERS 16 Spotlighting around the country who practice a wide variety of law. Tshneka T. Tate MCCA awarded the Employer of Choice to five compa- Their success stories offer insight and value to those BY PATRICK FOLLIARD nies around the country. Learn about them and the five trying to make the cut. BY PATRICK FOLLIARD law firms that won the Sager Award. MCCA also presented Innovator Awards for trailblazers and the Paula L. Ettelbrick Award for LGBT champions. BY DIANNE HAYES 3 VISIT WWW.MCCA.COM FOR THE LATEST INFORMATION ON OUR EVENTS, AWARDS, AND RESEARCH.

1555_MCCA SeptOct.indb 4 10/18/13 2:26 PM 10182013144638 MCCA® Board Of Directors Vernon G. Baker II Samuel M. Reeves Senior Vice President Senior Vice President, & General Counsel, General Counsel, Meritor, Inc. Walmart U.S. Legal Michelle Banks Carlos Rincon Executive Vice President, Partner, General Counsel, Rincon Law Group, P.C. Corporate Secretary & Thomas L. Sager Chief Compliance Offi cer, Senior Vice President Gap, Inc. & General Counsel, Clarissa Cerda DuPont Company Senior Vice President, Robin H. Sangston General Counsel & Secretary, Vice President, LifeLock, Inc. Chief Compliance Offi cer, A. B. Cruz III Cox Communications, Inc. Former Chief Legal Offi cer & Kenneth S. Siegel Corporate Secretary, Chief Administrative Scripps Networks Interactive, Inc. Offi cer & General Counsel, Anthony K. Greene Starwood Hotels & Resorts Director, Worldwide, Inc. Jamison Insurance Group Mary E. Snapp Gary F. Kennedy Corporate Vice President Senior Vice President, & Deputy General Counsel General Counsel & Chief Legal & Corporate Affairs, Compliance Offi cer, Microsoft Corporation American Airlines, Inc. Lawrence P. Tu Jean Lee Senior Vice President, Vice President & Assistant General Counsel & Secretary, General Counsel, Dell, Inc. JPMorgan Chase Neil Wilcox Don H. Liu General Counsel Senior Vice President, Chase Card Services, General Counsel, & Secretary, JP Morgan Chase Xerox Corporation Simone Wu Hinton J. Lucas Senior Vice President, General Vice President & Assistant Counsel, Corporate Secretary & General Counsel, Chief Compliance Offi cer, DuPont Company Choice Hotels International, Inc. Robbie E. B. Narcisse Vice President-Global Ethics & Business Practices, Pitney Bowes Inc. COLUMNS DEPARTMENTS

Advertising guarantee the accuracy, completeness, ef- 8 Notes from the 42 Association Focus For advertising inquiries, contact cacy, or chronological sequence of any such Don Cooksey, Montrose Media Sales, at information. Use of such information on the President & CEO Justice at Stake [email protected]. readers’ part is entirely voluntary and reliance BY BRIAN DABBS MCCA® Membership upon it should be undertaken only upon inde- 10 Perseverance Please visit our web site at www.mcca.com for pendent review and due diligence. References membership and other information. herein to any commercial product, process, in Profile 44 Diversity News or service by trade name, trademark, service Highlighting the contributions and General Information and Address Changes mark, manufacturer, or otherwise shall not talents of attorneys with disabilities. Questions Women Send your questions, complaints, and compli- constitute or imply endorsement, preference, ments to MCCA®, Editor, Diversity & the Bar®, Jared D. Hager Should Ask During a recommendation, or the favor of MCCA. Large Law Firm Career 1111 Pennsylvania Avenue, NW, Washington, MCCA (including its employees and agents) BY TOM CALARCO DC 20004. Address changes should be sent to assumes no responsibility for consequences BY JOANNA HORSNAIL MCCA’s Director of Membership and Develop- resulting from the use of the information ment at 1111 Pennsylvania Avenue, NW, herein, or in any respect for the content of such 14 Lawyer’s Lantern Washington, DC 20004. information, including (but not limited to) errors Offering illuminating professional 46 In Closing… Permissions and Reprints or omissions, the accuracy or reasonableness guidance for your career. An Interview with Reproduction of Diversity & the Bar in whole or of factual or other data, including statistical An Interview with in part without permission is prohibited. The or scienti c assumptions, studies or conclu- Elaine Johnson James Copyright Act of 1976 prohibits the reproduction sions, the defamatory nature of statements, Mark Roellig BY JOSHUA H. SHIELDS by photocopy machine or any other means of any ownership of copyright or other intellectual portion of this issue, except with the permission property rights, and the violation of property, 16 Spotlighting of MCCA. To obtain permission, contact: Joshua privacy, or personal rights of others. MCCA is 50 Movers & Shakers H. Shields, Editor-in-Chief, 1111 Pennsylvania not responsible for, and expressly disclaims Tshneka T. Tate and denies liability for, damages of any kind BY JOSHUA H. SHIELDS Avenue, NW, Washington, DC 20004. BY PATRICK FOLLIARD arising out of use, reference to, or reliance upon Copyright such information. No guarantees or warranties, Copyright® 2013 by the Minority Corporate including (but not limited to) any express or Counsel Association. Diversity & the Bar is implied warranties of merchantability or tness published six times a year and is distributed to for a particular use or purpose, are made by supporters and subscribers, 1111 Pennsylvania MCCA with respect to such information. Avenue, NW, Washington, DC 20004. Copyright in this publication, including all The information contained in this publication articles and editorial information contained has been provided to the Minority Corporate herein, is exclusively owned by MCCA and 2013 STRATEGIC DIVERSITY SPONSORS Counsel Association (MCCA®) by a variety MCCA reserves all rights to such information. of independent sources. While MCCA makes MCCA is a tax-exempt corporation orga- 3 every effort to present accurate and reliable nized in accordance with section 501(c)(3) of information, MCCA does not endorse, approve, the Internal Revenue Code. Its tax ID number is or certify such information, nor does MCCA 13-3920905.

1555_MCCA SeptOct.indb 5 10/18/13 2:26 PM 10182013144639 2013® CM C A MCCA® Law Department Members Empowering people.Inspiring leadership.sm Since 1997 The Minority Corporate Counsel Association (MCCA) acknowledges the support of the following law departments whose nancial contributions have helped to advance the goal of furthering diversity in the legal profession.

3M Company ConAgra Foods, Inc. Honda of America MFG., Inc. Neighborhood Southern California AARP ConocoPhillips Honeywell International Defender Service Edison Company AT&T Constellation Energy Huntington Ingalls Industries Newegg Inc. Science Applications Accenture LLP Cox Communications IBM Corporation New York Life Insurance International Corporation (SAIC) AECOM Crawford & Company Ingersoll-Rand PLC Company Staples, Inc. AGCO Corporation Darden Restaurants, Inc. Intel Corporation NORCAL Mutual Insurance Company Starbucks Coffee Company Allstate Insurance Deere & Company International Paper Company Northrop Grumman Starwood Hotels & Altria Group, Inc. Dell Inc. Jamison Insurance Group Corporation Resorts Worldwide, Inc. American Airlines, Inc. DHL America JC Penney Company, Inc. Nuclear Electric Insurance Spanish Broadcasting American Express Company Diageo North America Inc. JetBlue Airways Limited System Inc. American Lawyer Media Dignity Health Corporation Of ce Depot Synopsys, Inc. Aon Corporation DiversityInc Media, L.L.C. Johnson & Johnson Paci c Gas and Electric Target Corporation Areas USA, Inc. Dow Corning Corporation JPMorgan Chase Bank NA Company Tessera North Bank of America Duke Energy JM Family Enterprises, Inc. Pepco Holdings, Inc. America, Inc. Bechtel DuPont Kaiser Foundation PepsiCo, Inc. The Brookings Institution Becton, Dickinson and DynCorp International Health Plan, Inc. P z e r I n c . The Church Pension Fund Company Eaton Corporation KeyCorp Pitney Bowes, Inc. The Clorox Company Behr America Inc. Eli Lilly and Company Kraft Foods PPG Industries, Inc. The Coca-Cola Company Boehringer Ingelheim Entergy Corporation Law School Admission Porzio Life Sciences, LLC The Conference Board, Inc. Corporation Council (LSAC) Estée Lauder PRAXAIR, INC. The Dow Chemical Company Booz Allen Hamilton Leo Burnett Company Companies Inc. PreCash The Juilliard School BP America Inc. LexisNexis Exelon Business Services Premier Media, Inc. The Vanguard Group, Inc. Bristol-Myers Squibb Company Liberty Mutual Insurance Company Prudential Financial The Walt Disney Company BNY Mellon Fannie Mae Company CALIBR, global leadership Lifelock, Inc. Quest Diagnostics The Williams 6 Federal Home Loan Bank Incorporated Companies, Inc. network of San Francisco LifeVantage Corporation Capital Legal Solutions, LLC Liquidity Services, Inc. RBS Americas Tyson Foods Inc. Fickel Enterprises Inc. Reckitt Benckiser, Inc. UBS Capital One Financial Flagstar Bank Macy’s, Inc. Corporation Reed Elsevier, Inc. UnitedHealth Group Freddie Mac ManpowerGroup Cargill Inc. Rockwell Collins United Parcel Service Fujitec America, Inc. Marriott International, Inc. Catalent Pharma MassMutual Financial Group Rolls Royce North America Inc. United Technologies Corporation Solutions Gap Inc. Rosetta Stone Inc. U.S. Food Service, Inc. General Electric Company Medifast, Inc. CBIC Construction & MetLife Inc. Sara Lee Corporation Verizon Communications Development, LLC General Mills Inc. Merck & Co., Inc. Scripps Networks Interactive, Walmart Stores, Inc. Chevron Corporation GlaxoSmithKline Inc. McDonald’s Corporation WellPoint, Inc. Choice Hotels Graduate Management Sears Holding Company Waste Management Admission Council Microsoft Corporation International, Inc. Sempra Energy Wells Fargo & Company Genentech, Inc. MillerCoors CIGNA Corporation ServiceMesh, Inc. Wireless Generation Inc. Goldman Sachs & Co. Monsanto Company CITGO Corporation Shell Oil Company Xerox Corporation Google Inc. Morgan Stanley Colgate-Palmolive Company Sodexo XO Holdings, Inc. Hewlett-Packard Company National Grid Compass Group, Sony Electronics, Inc. Xylem Inc. The Americas HJ Heinz Company Nationwide Mutual Southeastern Freight Yazaki North America Inc. Compassion Care Hospice H.J. Russell & Company Insurance Company Lines, Inc. Zenith Insurance Company Computer Science Corporation Halliburton Navistar, Inc.

All Firm Affi liates Receive These Exceptional Benefi ts: • Unlimited licenses to reprint articles/ information from Diversity & the • Use of MCCA Law Firm Affi liate Network’s marketed to MCCA member companies • Professional development information Bar® and MCCA Research Reports logo for the rm’s business cards, ads, for outside counsel selection. via Career Center and Group Mentoring for internal educational use and website, etc. (under license agreement). opportunities via KAN-Do! Mentoring. • Access to the FAN Virtual Library of distribution within the rm. • Listed as a Firm Affi liate Network (FAN) diversity resources (FAN directory, law • Special fi rm affi liate e-newsletter member on the MCCA website—this will rm best practices, sample documents, containing trends, statistics, article * This item will require an additional payment at MCCA’s cost for printing and centralized shipping of a speci ed number of copies of the magazine to an of ce be regularly circulated to MCCA member message board) and ability to contribute links, and information on in-house of the rm for the rm’s further internal distribution. companies who care about diversity for and share resources for inclusion in the counsel promotions. their information and reference. FAN Virtual Library or Career Center. • Two (2) MCCA Diversity Planning • Ability to post bios and practice • Access to MCCA’s Career Center. Firms Toolkits (compendium of diversity information on the rm’s diverse will be able to post jobs at low cost and research and best practice information attorneys in an online directory that is review resumes at no cost. compiled by MCCA).

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 6 10/18/13 2:26 PM 10182013144639 MCCA® Law Firm Afﬁ liates MCCA® acknowledges the decision of the following law rms who have joined with MCCA to advance the goal of furthering diversity in the legal profession.

Southern California Alchemy-Partners, PC Ice Miller LLP Newman, PC Edison Company Alexander & Associates Infante Zumpano** Quarles & Brady LLP Science Applications Archer & Greiner, P.C. Igbanugo Partners Quintarios Prieto Wood International Arrastia & Capote LLP** International Law Firm & Boyer, P.A.** Corporation (SAIC) AXIOM Law Jeffrey Samel & Partners** Rivero Mestre, LLP** Staples, Inc. Baldassare & Marra LLC** Kasowitz, Benson, Torres & Rooney Rippie & Starbucks Coffee Company Benesch Friedlander Friedman LLP Ratnaswamy, LLP Starwood Hotels & Coplan & Aronoff LLP Kaufman Dolowich & Voluck, LLP Sanchez & Amador, LLP** Resorts Worldwide, Inc. Beveridge & Diamond, P.C. Kenyon & Kenyon LLP Sanchez-Medina, Gonzalez, Spanish Broadcasting Bond, Schoeneck & King, PLLC Kilpatrick Townsend & Quesada, Lage, Crespo, System Inc. Bressler, Amery & Ross PC Stockton LLP Gomez & Machado LLP** Synopsys, Inc. Bricker & Eckler LLP King Branson LLC Saul Ewing LLP Target Corporation Brinks Hofer Gilson & Lione Kirkland & Ellis LLP Schiff Hardin, LLP Tessera North Brown Law Group** Kumagai Law Group PC Schwartz Hannum PC** America, Inc. Buchanan Ingersoll & Rooney PC Kumar, Prabhu, Patel Shella, Harris and Aus, P.C.** The Brookings Institution Butler, Snow, O’Mara, Stevens & Banerjee** Sher Garner Cahill Richter Klein & Hilbert LLC The Church Pension Fund & Cannada, PLLC Lathrop & Gage LLP Shook, Hardy & Bacon L.L.P. The Clorox Company Calfee, Halter & Griswold LLP Leader & Berkon LLP Smith, Anderson, Blount, Dorsett, Mitchell The Coca-Cola Company Cavich, Familo & Durkin Co., LPA Littler Mendelson P.C. & Jernigan, LLP The Conference Board, Inc. Christian & Small LLP Lim Ruger & Kim LLP** Snell & Wilmer LLP The Dow Chemical Company Clifford Chance US LLP Loeb & Loeb LLP Steptoe & Johnson LLP The Juilliard School Cooley LLP Lowe & Associates LLC Stevens & Lee The Vanguard Group, Inc. Cottrell Solensky & Semple, P.A. Martin & Martin, LLP** Stradling Yocca Carlson & Rauth, P.C. The Walt Disney Company Courington Kiefer & Sommers LLC Maynard Cooper & Gale PC Sughrue Mion PLLC The Williams Cozen O’Connor McGuireWoods LLP 7 Companies, Inc. Meckler Bulger Tilson & Pearson LLP Sutherland Asbill & Crumbie Law Group, LLC** Brennan LLP Tyson Foods Inc. Davis & Gilbert LLP Messner & Reeves, LLC UBS The Goldstein Environmental DeMahy Labrador & Drake, PA** Miles & Stockbridge P.C. Law Firm P.A. UnitedHealth Group Dickstein Shapiro LLP Miller Law Group** Thompson Hine LLP United Parcel Service Montgomery, Barnett, Brown, Read, Drinker Biddle & Reath LLP Troutman Sanders LLP United Technologies Corporation Hammond & Mintz LLP Duane Morris LLP U.K. Vyas Law** U.S. Food Service, Inc. Morgan, Lewis & Epstein, Becker & Green, PC Vinson & Elkins LLP Verizon Communications Bockius LLP Finnegan, Henderson, Farabow, Nemeth Burwell, P.C.** Waas Campbell Rivera Johnson Walmart Stores, Inc. Garrett & Dunner, LLP & Velasquez LLP WellPoint, Inc. Nicholson Law Group LLC** Fish & Richardson P.C. Ogletree Deakins Nash Smoak Weil, Gotshal & Manges LLP Waste Management Fitzpatrick, Cella, Harper & Scinto & Stewart P.C. Willis Law Group** Wells Fargo & Company Goldberg Segalla, LLP Patton Boggs LLP Winston & Strawn LLP Wireless Generation Inc. Gonzalez Saggio & Harlan LLP** Pepper Hamilton, LLP Wheeler Trigg O’Donnell LLP Xerox Corporation Grif th Sadler & Sharp, P.A.** Peter Law Group** Wong Fleming P.C.** XO Holdings, Inc. Hamilton Miller & Birthisel LLP** Phelps Dunbar LLP Vinson & Elkins LLP Xylem Inc. Helms & Greene LLC Pinckney, Harris & Weidinger LLC** Xupkus & Angell, P.C.** Yazaki North America Inc. Hinkley Allen & Snyder LLP Polsinelli PC Zuber Lawler & Del Duca LLP Zenith Insurance Company Hughes Roch LLP** Porzio, Bromberg & ** Minority or Women Owned Law Firm

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For more information, contact David Chu, MCCA’s Director of Membership & Development, at 202-739-5906 or [email protected].

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 7 10/18/13 2:26 PM 10182013144640 Notes From the President & CEO

A TOAST TO XEROX AND URSULA BURNS

ON SEPTEMBER 17, 2013, MCCA PRESENTED XEROX CHAIRWOMAN AND CEO URSULA BURNS WITH its 2013 Lifetime Achievement Award at its sold-out Diversity Honors Gala. It was the first time MCCA recognized a non-lawyer with its biggest honor. Burns’ career is a testament to MCCA’s mission. Raised in a low-income neighborhood by a single immigrant mother, she excelled in high school, college, and eventually at Xerox. When she was presented an opportunity to advance, she seized it and worked tirelessly to prove her value. She benefited from many mentors—from MCCA’s first-ever Lifetime Achievement Award recipient the George B. Vashon Innovator Awards to firms and Vernon Jordan to her former boss Wayland Hicks— companies that are driving change through innovation. proving that mentoring works across generational and Orrick Herrington & Sutcliffe LLP, New York Life 8 racial divides. Insurance Company, Pepper Hamilton, and Prudential Her work promoting science, technology, engineer- Financial created programs for mentoring, pipeline, and ing, and math inspires others to take the path less LGBT initiatives that will help change the face of the traveled. She is living true to her mother’s maxim of legal profession. “leaving more than you take.” You can read about her Finally, make sure to read the Rainmaker profiles life and career on page 18. that begin on page 36. ey prove that diverse lawyers MCCA also recognized five Employer of Choice can generate income at the same level as their majority companies during the festivities at the Lincoln Center. counterparts. In the coming months, look for MCCA’s Entergy, Target, Comcast, Toyota, and Aetna are report “Do Good & Do Well” which examines firms standard-bearers when it comes to diversity and inclu- that make significant profits and have a robust diversity sion. eir commitment to the cause is how MCCA program. Both those firms and rainmakers are produc- can produce quality research and programs. ing where it counts: the bottom line. All of 2013’s award winners are profiled in this issue, starting on page 26. MCCA recognized the JOSEPH K. WEST Human Rights Campaign for their assiduous work President & CEO for the LGBT community by awarding it the Paula L. Ettelbrick award. For the second year MCCA presented MCCA_law www.facebook.com/mcca.law

Publications Staff President & CEO Publishing Consultants MCCA® Staff Contributing Writers Joseph K. West Bill Cox Jennifer Chen Tom Calarco Founder and Toni Coleman Mahzarine Chinoy Brian Dabbs Publisher Emeritus Advertising David Chu Patrick Folliard Lloyd M. Johnson Jr. Don Cooksey Donna Crook Dianne Hayes Charles Hollins Joanna Horsnail Editor-in-Chief Design/Art Direction Jessica Martinez Joshua H. Shields Joshua H. Shields Quad/Graphics Aracely Muñoz Petrich Creative Solutions Andrea Pimm

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 8 10/18/13 2:26 PM 10182013144640 1555_MCCA SeptOct.indb 9 10/18/13 2:26 PM 10182013144656 Perseverance in Profile

JARED D. HAGER: The Sky Is the Limit BY TOM CALARCO

Jared D. Hager climbed Mount St. Helens on one leg. The climb personifies the perseverance of the 35-year- old Perkins Coie attorney, who lost his right leg at the hip to cancer when he was 12. Such determination has been the trademark in a life of 10 achievements that belies his ager, who graduated first in circumstances. his class at the University of Minnesota School of Law, is the only one is his family to complete college. He was raised amid addiction and abuse along with two older brothers by a single mother who worked two jobs and relied on the charity of others to make ends meet. His father has suffered from recurring bouts of illness and homelessness. His brothers were varsity athletes in high school, but did not receive college athletic scholarships. “I can confidently say my adversity was a blessing,” he Hsays. “I didn’t have even a 50-50 chance of survival when I was diagnosed, but long odds mean a bigger payoff, right? It changed my life for the better because it redirected and channeled my focus. Had I not lost my leg, had I not battled cancer, I almost certainly would not have joined the debate team, gone to college and law school, or become an attorney.” Hager is sensitive to the issues of the “disability” movement and its careful application of the word, yet prefers being known as a disabled attorney than an attorney with a disability. “I personally identify first and foremost with my permanent condition,” he explains, “not my profession.”

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM legs and invested in athletics instead of academics, I most certainly would “ [Debate] really piqued not have gotten a scholarship.” At Lewis & Clark, he continued my interest, so I ended his success in speech and debate. “I competed for four years, and we up going to law school. To won some national tournaments,” he says. “Some called us the Harvard of me, it was going pro. You the West.” In his junior year, he spent much don’t have a pro circuit of his time in Lewis & Clark’s law school library, researching that year’s in debate like you do in debate topic. It required the affirmative to increase protections against football, but you do have employment discrimination on the basis of race, gender, or national origin. the law.”—Jared Hager Hager’s case proposed incorporating the Americans with Disabilities Act’s requirement of reasonable accommoda- tion into the Pregnancy Discrimination Act to give women a choice to continue He says that because his leg was “I was 14 and they weren’t sure working during their pregnancy taken off at the hip, a prosthetic what to do next,” he explains about rather than rely on unpaid leave under device would be useful primarily for going back to school. “I always got the Family and Medical Leave Act. aesthetic purposes. straight As, so they decided to put me Coming from a family with modest “I’m most comfortable without a pros- in high school rather than make me means, Hager understood the need for 11 thetic device,” he says. “So I get around make up seventh and eighth grade.” such opportunities for low-wage single on my walking sticks. Rather than try to Hager explained that before his mothers and other low-wage families. be normal, I celebrate my abnormality.” illness he had been very competitive “It was the first real experience I Not only did his determination in sports, challenged by playing with had with the law,” he says. “I really help him to climb Mount St. Helens his older brothers. Now, he threw that loved it, loved reading the law reviews but to become a Senior Attorney at competitive energy into his academics, and cases, and thinking about prob- Perkins Coie in only six years, the and he fondly recalls the encouragement lems and solutions. e law seemed author of a number of journal articles, of his grandmother who gave him $2 dynamic, legally and politically, the litigator in a high profile inter- bills as a reward when he got straight As. with real-world impacts at stake. It national commercial arbitration case “I still carry a couple of them in my grabbed my interest, so I went to law involving hundreds of millions of dol- wallet,” he says. school. To me, it was like going pro, lars at stake, and an adjunct professor In his junior year of high school, he debate’s pro circuit.” at Seattle University School of Law. found the speech and debate team. At the University of Minnesota Looking back it seems like an impos- “It wasn’t until I joined the speech Law School, Hager excelled. sible road for someone to navigate. and debate team that I truly became “I had six years’ experience research- “I had a rare form of cancer at age comfortable in my skin. It gave me ing, constructing, and defending 12,” he recounts, “it started in my a voice. It empowered me in ways a arguments,” he says, referring to his right femur, but broke the bone and second leg never could. Plus I enjoyed debating experience, “and I was trained spread into the quadriceps. It hurt so the research, putting together the argu- to argue both sides of every issue at badly I wanted them to take it off.” ments, and arguing both sides,” he says. every step of an argument, and my Just one month after diagnosis, His debate team took third place in professors seemed to appreciate that.” his leg had ballooned to twice its Oregon’s state competition his senior e most meaningful preparation normal size, and it was amputated. year, and he was awarded a scholar- for his career, however, came outside Hager missed seventh and eighth ship to Lewis & Clark College in the classroom when he clerked for the grade while undergoing a regimen of Portland, Oregon. Honorable Ronald M. Gould, judge chemotherapy, radiation, and physical “Without that scholarship I prob- of the United States Court of Appeals therapy, and finally the cancer went ably would not have been able to go for the Ninth Circuit in Seattle, into remission. to college,” he says. “And if I had two Washington.

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR® “Judge Gould was the first person University School of Law, and drafted with a disability appointed to the federal legislation to establish more uniform appellate courts,” Hager says. “He has rules in the state of Washington regard- MS and uses a wheelchair to get around, ing international arbitration. and is the greatest mentor I could have “e case also gave me an opportu- hoped for. He’s a role model not only to nity to develop an expertise in export me, not only to lawyers with disabilities, control regulations and the complex but to the entire disability community. web of international, federal, and state He’s truly my hero.” law related to outer space,” he adds. Hager says that Judge Gould Hager, the first attorney that self- taught lessons that continue to serve identified as disabled at Perkins Coie, his life and his career. spurred the recognition and express “He showed me that it’s not about inclusion of disability within the firm’s disability, it’s about ability, that if diversity goals. In 2010 he helped we focus on the things we can do, organize and launch an affinity group we have a whole slate of opportuni- for lawyers with disabilities at Perkins ties. He made me feel the sky was Coie, which he now co-chairs. the limit, that there was opportunity “It has been very successful,” he regardless of what you look like or says. “We have just eight members but might be lacking. e law is so much we keeping growing and what we lack more mental than physical, and he in numbers we make up for with our showed me that and more and did it passion. Our mission is twofold. We with such grace. He’s phenomenal.” seek to increase the hiring, retention, After a year as an associate at and promotion of lawyers with disabili- Koh. A mentor in the ABA National Kirkland & Ellis LLP in Los Angeles, ties at Perkins Coie, and also to raise Mentor Program for Lawyers and Hager returned to Seattle, taking a awareness about disability diversity in Law Students with Disabilities, Hager 12 position at his current firm, Perkins the legal profession. We want to spear- believes mentors are instrumental in Coie, where Judge Gould had been head change for us and for others.” helping young professionals succeed: a partner before his judicial appoint- His group has hosted yearly panel “It’s absolutely essential to have a cham- ment. Two weeks after joining the firm, presentations at law schools and recep- pion, to have someone you can confide Hager became part of the international tions at Perkins Coie offices, most in, lean on, and learn from.” commercial arbitration team represent- recently in October at Lewis & Clark So what does the future hold for ing e Boeing Company in matters Law School and the Perkins Coie the young attorney? Well, for one, related to Boeing’s six first-generation, office in Portland, Oregon. he’d love to travel to outer space in high-power, HS702 concentrator-array, “It’s positively transformative, not one of the commercial spacecraft that communications satellites. In one mat- only to show ourselves in the com- are being developed by such compa- ter, Telesat Canada, a global satellite munity but to talk about the issues we nies as Blue Origin, SPACE-X, and operator based in Ottawa, sued face as lawyers with disabilities and Virgin Galactic. Hager has actually for $395 million in damages and lost to brainstorm strategies for increasing done some of his own legal research profits for Boeing’s alleged breach of disability diversity in the profession,” assessing regulations for commercial contract, gross negligence, and willful he says. In March of 2013, the affin- space tourism. He also wants to be misconduct in connection with the ity group convinced the firm’s leader- a grandfather, so he can pass on the constructive total loss of the Anik F1 ship to sign the ABA’s Commission on love and guidance he learned from his satellite. As a boy he had wanted to be Disability Rights “Pledge for Change.” grandmother. Of course, that means an astronaut, so he found the intrica- Hager also penned an article for being a parent first, but with his cies of the subject matter fascinating. the ABA’s Commission on Disability significant other nearing the comple- “It has occupied a lot of the last seven Rights, documenting Perkins Coie’s tion of her dissertation, that goal looks years of my life,” Hager says of the case, successful experience with disability and to be within reach. Last, he’d like to which was recently concluded, resulting diversity. In 2012 he spoke at the ABA’s follow in Judge Gould’s footsteps. in no payment or admission of liability. annual convention about the promise “My dream job is to be a judge.” D&B Now an expert in international arbi- of mentoring for those with disabilities. tration as a result of the case, Hager has Mentors have played a huge role in his written several journal articles, devel- success, from his grandmother, to Judge Tom Calarco is a freelance writer based oped a course that he teaches at Seattle Gould, to his boss at Perkins Coie, Steve in Wildwood, Fla.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM ADVERTORIAL

RAJ MADAN AVA E. LIAS BOOKER BINGHAM MCCUTCHEN MCGUIREWOODS LLP

Raj’s practice is concentrated in the area of federal We congratulate Ava E. Lias-Booker, managing tax controversy and litigation, with an emphasis on partner of McGuireWoods’ Baltimore o ce, for being cross-border transactions and financial institutions. He named a “Rainmaker for 2013” by Diversity & the Bar has represented numerous clients in all stages of IRS magazine. administrative practice, Federal District Court litigation and Tax Court litigation. Raj’s substantive experience includes With more than 25 years of experience, Ava a wide range of complex tax issues in the following areas: maintains a signicant commercial and civil litigation foreign tax credits, structured finance, transfer pricing, practice while heading the rm’s Baltimore litigation cross-border withholding, life insurance, investment tax practice group. As lead counsel on high-stakes credits and business purpose/economic substance. Prior litigation in state and federal courts, she represents to joining Bingham, he served as a trial attorney for the clients in a range of industries, including nancial, Internal Revenue Service, Manhattan District, where he retail, telecommunications and petroleum/energy. was a three-time recipient of the Chief Counsel’s Special Act Award. Ava’s talent as a litigator, her contributions to the Noted as being “strategic, creative and committed to legal community and her dedication to mentoring the client” and “one of the best of the next generation,” young lawyers have earned her a position as one of Raj has been named one of the country’s leading the few African-American woman managing partners practitioners in the field of taxation by Chambers USA: at a top 100 law rm, as well as recognition in the America’s Leading Lawyers for Business since 2006. Clients “Power 100” by On Being a Black Lawyer, the “Top 250 point to his “exhaustive understanding of the procedures Women in Litigation” by Benchmark Litigation and in and the strategy, which he uses to get the most favorable The Best Lawyers in America by Woodward/White, Inc. outcomes,” consistently “bringing an entrepreneurial, engaged spirit to his representation.” Legal 500 described She serves on McGuireWoods’ board of partners Raj as “an excellent lawyer with considerable negotiating and on the boards of several civic and professional skills” and listed him as a leading lawyer in national tax organizations, including the Baltimore Symphony controversy. Orchestra and the University of Maryland School of Law. She is a Gubernatorial Appointee to the Maryland Appellate Judicial Nominating Committee.

1555_MCCA SeptOct.indb 13 10/18/13 2:27 PM 10182013144657 Lawyer’s Lantern

If you want the best talent, want to understand your customers, make better decisions, be creative, and develop a workplace where MARK ROELLIG your employees are most Mark Roellig is the executive vice engaged, it has to be diverse. president and general counsel of Massachusetts Mutual Life Insurance Company (MassMutual). He is a champion for diversity and an avid follower of MCCA’s general counsel survey.

You joined MassMutual in 2005. What are the fixed fee—salary—basis so we have an incentive to continu- 14 biggest changes you have made or seen at the ally look at how we can do more and better with less. If law company in your time there? firms worked on a similar arrangement, I believe they would I was asked to join MassMutual over seven years ago, also have the same incentives and both parties would be bet- following the appointment of a new CEO. Since the time ter positioned to accurately forecast future costs. I would also I first joined the company, we have focused our strategy suggest that fixed fees are better for diversity. Diverse teams on our life and protection business, and reaffirmed our get exceptional results. If you don’t focus on the hours and constant and consistent mission to help our customers instead concentrate on the results, it should be easier for firms and policyholders secure their future and protect the ones to allow for more work flexibility and diverse staffing. they love. From a board perspective, we have improved diversity and composition of the directors and put in place As a white male, and a major proponent of best-in-class governance. Right now, almost half of our diversity programs, do you ever get a surprised board members are women or people of color. From a law look from people when they find out you are very department perspective, approximately 50 percent of the serious about diversity? What do you tell them? attorneys have joined the team since 2005, and over half the Being a white male, some people are surprised at times. ey department is diverse. We have successfully transitioned our shouldn’t be. I tell them that I have social beliefs which drive department to one that is extremely high-quality, efficient, me to support diversity and inclusion. My parents clearly proactive, and strategically business focused—we are dedi- taught me to think this way. But, in addition, and possibly as cated to helping our clients meet their business objectives. important, I have actually spent some time thinking about All of this has contributed to making MassMutual’s and what makes me happy. Maybe you focus on these types of our department’s performance exceptional. things as you get later in your life and career—we all should really think about it now regardless of our stage of career. You are known for advocating for alternative fee To me, adding significant positive value to those who have arrangements. Why is it important for law firms to put their love or trust in me is what drives me and makes me embrace new methods of billing? happy. In the business context, in order to get the best results I believe it is all about our aligning interests and getting the for those who have put their trust in me, or have entrusted best results for a reasonable cost. Law firms generally are in their assets with our company, I simply need the best team to the business of selling hours. I don’t want to buy hours; I help me. And the best teams are diverse and inclusive—great want to buy excellent results. In-house attorneys work on a results are all about great talent and teams.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 14 10/18/13 2:27 PM 10182013144815 Approved with warnings Over the last six years, the number of If you want the best talent, woman general counsels has increased by more than 25 percent and the num- want to understand your ber of woman of color general counsels has increased by more than 200 per- customers, make better cent. I believe that this trend with gender and other diversity is just starting decisions, be creative, and at the Fortune 500, but will accelerate across all of corporate America. I would develop a workplace where be very worried if I were working at a major law firm—where equity partners your employees are most are about 15 percent women and are in the low single digits for people of engaged, it has to be diverse. color. e diversity in the ranks of their clients’ law departments and general counsel is changing faster than they are—it may take more than ten years to create a new equity partner while it How would you encourage especially in different industries? may take only one day to place a new other white males to become Demographics are shifting fast. By the general counsel! I would be extremely involved in the diversity and year 2042, whites will be a minority concerned if I was a law firm that did inclusion movement? in this country—never to be reversed. not reflect the changing and diverse I routinely communicate and demon- Fifty-seven percent of undergraduates needs and makeup of the client base. strate the importance of active engage- are now women, and law schools are ment in our diversity and inclusion essentially equal in gender makeup. The GC survey also found that efforts to our entire team. It is in our America’s Latino market is now the Asian American women are sorely 15 best personal interest to do so. If you 11th largest economy in the world—just underrepresented at the GC level. want the best talent, want to under- below France, Italy, and Mexico and Why do you think one ethnic stand your customers, make better larger than Korea, Spain, Indonesia, and group has more trouble than decisions, be creative, and develop a Turkey. e world’s center also clearly is others gaining representation? workplace where your employees are shifting west—Asia is exploding. And A depressing fact and a good question. most engaged, it has to be diverse. Plus, I truly believe, when the 21st century is And I was not aware of these numbers, we all recognize that our customer base over, we will view it as the “century of until I saw the results of your analysis. is becoming more and more diverse, and the woman.” Don’t get me wrong, other I really don’t have data to support my our workforce and teams need to reflect diversity initiatives will advance too. But answer and there may be many factors that diversity in order to be successful. many of the leadership skills and attri- that have caused this result. But my And, you know what? Diversity is fun butes necessary to be successful in the speculation is unconscious bias has a too. I enjoy interacting with people who 21st century are skills that many women lot to do with this. e combination are different from me and have different possess. Smart companies, in all indus- of an Asian American stereotype plus backgrounds, thoughts, perspectives, tries, will recognize that the makeup of the stereotypes many women profes- and experiences, as I can continuously the leadership and the law departments of sionals encounter is not just doubly learn from them—and see things I the past—generally comprised of white difficult; it is logarithmically difficult would never see through my own lens. males—will simply not allow you to be to overcome. Both good leaders and competitive in the future. leading companies are aware of their You have a background in unconscious biases, take affirmative science—you worked at Thermo Over the years, the GC survey steps to overcome them and objectively Fischer Scientific for years. One of has found that there are more consider experience and potential to the key findings of MCCA’s general minority and women general make a merit-based decision when counsel survey was that women counsel in the Fortune 1-500 selecting a general counsel. D&B are making strides in traditionally than in the Fortune 501-1000. male-dominated “hard hat indus- Why do you think there’s more tries.” Can you give any insight into diversity at the largest, most Mark Roellig spoke with Diversity & the the way that the legal profession profitable companies? Bar Editor-in-Chief Joshua Shields for has changed over the years, First, I would look at the statistics. this interview.

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 15 10/18/13 2:27 PM 10182013144816 Approved with warnings Spotlighting

A RACE FOR DIVERSITY Tshneka T. Tate BY PATRICK FOLLIARD

While still a law student, Tshneka Tate wrote down a list of career goals—helping break gender and racial barriers in the stock car racing world was not one of them. But as the senior assistant general counsel for the media arm of the National Association for Stock Car Auto Racing (NASCAR), 16 Tate has, in many instances, from all walks of life, and I’m proud to have been a part become a face of diversity in a of that growth.” An average of nearly 6 million viewers tune in to sport that is typically associated each NASCAR Sprint Cup Series event from February with white men. to November. No other sport comes close to delivering such a large, sustained audience every week for ten months of the year. Founded in 1948 by Bill France Sr., NASCAR is a family-owned business that serves as a sanctioning body; it consists of three national series, four regional touring series, one local grassroots series, and three international circuits. NASCAR sanctions more than 1,200 races at 100 tracks in more than 30 U.S. states, Canada, Mexico, and Europe. NASCAR races are broadcast in more than 150 countries and in 20 languages. Since 2003, France’s grandson, Brian France, eople’s perceptions are always has led as NASCAR chairman and CEO. interesting,” says Tate, who NASCAR is headquartered in Daytona Beach, Fla., with was the ﬁrst African American oﬃces in New York, Los Angeles, and Tate’s hometown of woman in the legal department Charlotte, N.C., where she is based. Tate oversees all media- when she joined NASCAR in related matters for NASCAR and its related companies— 2000. “Early in my career, I including their digital business, entertainment division, remember showing up at a race and productions operations—and is primarily responsible for some looked surprised to see me. contracts and rights issues related to their broadcasts. Today, it’s mostly people outside of Tate’s tenure at NASCAR coincided with years of explo- PNASCAR who are initially a little sive expansion and increased visibility for the family-owned “stunned to learn that I’m the lead company. When she was hired in 2000 as a licensing attor- media lawyer here. e reality is ney, NASCAR had recently consolidated and centralized its that our sport is made up of people broadcast rights, resulting in NASCAR signing landmark

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 16 10/18/13 2:27 PM 10182013144657 deals with NBC, TBS, and the FOX University of Pennsylvania and Florida right on schedule. I was hired at the network in 1999. International broad- State University College of Law. attorney general’s office in Maryland, cast deals would follow a few years later. “As a kid, I knew lawyers and and worked toward moving into its Prior to that, television networks struck doctors made money,” says Tate. “I antitrust division. But after only one individual deals with track owners, with couldn’t see myself cutting people, so year of being there, I was asked to as many as six networks broadcasting at I figured medicine was out. Because interview with NASACAR,” she says. least one NASCAR Sprint Cup Series I was good at math and science my “With NASCAR continuing, then, to race during the season. mother suggested I should try to be an grow as a nationally and internation- “At that time, NASCAR was grow- engineer. But no, I was determined to ally-renowned sports organization, that ing very quickly,” says Tate. “I knew that be a lawyer.” worked perfectly for me.” I’d have an opportunity to grow with e day Tate interviewed with After a month on the job, Tate the company; I knew that I wouldn’t be NASCAR in March 2000 was attended her first NASCAR race. hitting a ceiling anytime soon.” especially stressful. Not because she “Despite all I’d read, I really didn’t And indeed, Tate has grown with was unprepared: Tate had exhaustively know what to expect,” she says, “but the company. In 2011, Tate was the researched NASCAR and auto rac- once at the track, any notions I had lead attorney for negotiations that ing—two subjects she had previously that auto racing was not a real sport resulted in NASCAR regaining control known absolutely nothing about—and were quickly dispelled.” of its digital rights in 2013. More was feeling confident, but that par- She realized that racing requires recently, in 2012, Tate also managed ticular morning multiple flights from strength, endurance, stamina, and the legal negotiations for the renewal of Baltimore, where she worked at the agility, of both the driver and the team NASCAR’s broadcast agreement with Maryland Attorney General’s Office, members. “It’s not easy to hold a steer- FOX. Both moves were important for to the company’s Charlotte office were ing wheel at 180 mph for four hours NASCAR, fans, track partners, race cancelled, postponing her morning without power steering, sometimes teams, and the industry as a whole. interview until that evening. “Quickly, in the heat of July in Florida without “[Tshneka’s] willingness and ability to my main concern became just getting air conditioning while wearing a fire go where the company needed her to there,” Tate recalls. “But what began suit,” she says. “My second year at 17 from all walks of life, and I’m proud to have been a part go and to focus and learn whatever area as a really nerve-wracking experience NASCAR I remember [well-known, of that growth.” of the business needed attention gave turned out to be the best thing ever.” winning driver] Tony Stewart raced in An average of nearly 6 million viewers tune in to NASCAR a trusted inside counselor Previously unexposed to licensing Indianapolis and was then helicoptered each NASCAR Sprint Cup Series event from February throughout many periods of unex- matters, Tate was quickly smitten with to Charlotte to race in the NASCAR to November. No other sport comes close to deliver- pected growth and strain,” says Karen her new practice area. “It sounds a little Sprint Cup Series race later that same ing such a large, sustained audience every week for ten Leetzow, NASCAR vice president and corny but I absolutely loved working day. at takes immense determination months of the year. Founded in 1948 by Bill France deputy general counsel. with trademarks in sponsorship and and pure athleticism.” Sr., NASCAR is a family-owned business that serves as “Tshneka came to NASCAR licensing. And interestingly, it was Traveling to tracks across the country a sanctioning body; it consists of three national series, with no prior sports, entertainment, the one IP-related class in law school (NASCAR is by no means confined four regional touring series, one local grassroots series, or intellectual property experience that I didn’t take. When I started at to the south), Tate notes an increase and three international circuits. NASCAR sanctions but she was armed with an outgoing NASCAR, I fully embraced it and in diversity among fans in the stands. more than 1,200 races at 100 tracks in more than 30 personality, a desire to learn, and an became really nerdy about it; I still am. “We know we have a way to go but U.S. states, Canada, Mexico, and Europe. NASCAR incredible work ethic. With those I never thought it would take me to the we’re committed,” says Tate, citing races are broadcast in more than 150 countries and in 20 assets, she was able to transform her- media side. When asked if I wanted the NASCAR’s Drive for Diversity program languages. Since 2003, France’s grandson, Brian France, self into a world-class media lawyer.” opportunity to manage the media side dedicated to building and integrating has led as NASCAR chairman and CEO. Growing up in Charlotte (North of the legal department, I was pleased minority and women drivers in the sport NASCAR is headquartered in Daytona Beach, Fla., with Carolina’s largest city), it felt like a to take it. Every now and then I miss as well as a NASCAR diversity intern- offices in New York, Los Angeles, and Tate’s hometown of small town, says Tate. “It wasn’t until the pure sponsorship side, but some- ship program as strong examples. Charlotte, N.C., where she is based. Tate oversees all media- much later that its now imposing sky- times I still get to dabble in it.” NASCAR has been Tate’s profes- related matters for NASCAR and its related companies— line sprung up. My parents wanted me A huge sports fan, Tate had devised sional home for essentially her entire including their digital business, entertainment division, to be prepared for the best professional a five-year plan while still in law school: career. She threw herself wholly into productions operations—and is primarily responsible for opportunities possible in Charlotte She would get in the door somewhere the job and unwittingly became a contracts and rights issues related to their broadcasts. and beyond. In our house, not doing and learn as much about antitrust as trailblazer in the process. “e roar Tate’s tenure at NASCAR coincided with years of explo- well in school wasn’t an option.” Her possible. en she would go to work of the engines and the screaming sive expansion and increased visibility for the family-owned mother worked two jobs to ensure for a professional sports team, like the crowds—it’s one of the loudest things company. When she was hired in 2000 as a licensing attor- that Tate could attend one of the best Washington Redskins or Philadelphia ever. But I never wear earplugs. My ney, NASCAR had recently consolidated and centralized its private schools in Charlotte, position- 76ers (her favorites), or a league like feeling is, as long as I’m there, I want broadcast rights, resulting in NASCAR signing landmark ing her to excel there and attend the the NFL or NBA. “e plan was to get the full effect.” D&B

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 17 10/18/13 2:27 PM 10182013144657 LEAVING MORE THAN YOU TAKE LIFETIME ACHIEVEMENT AWARD URSULA BURNS 1555_MCCA SeptOct.indb 18 10/18/13 2:27 PM 10182013144657 LEAVING MORE THAN YOU TAKE by Joshua H. Shields LIFETIME ACHIEVEMENT AWARD URSULA BURNS 1555_MCCA SeptOct.indb 19 10/18/13 2:27 PM 10182013144816 Approved with warnings peaking to the New York Times in 2010, Xerox CEO Ursula Burns lamented the constant awards she receives. “The accolades S that I get for doing absolutely nothing are amazing—I’ve been named to every list, literally, since I

20 became CEO,” she told the paper shortly after her promotion.

SO WHY WOULD the Minority Corporate Counsel mother did that for us.” Association, dedicated to diversifying the legal profession, Burns graduated from all-girls Cathedral High School present its Lifetime Achievement Award to the 55-year-old in Manhattan and went on to earn a bachelor of science Xerox mechanical engineer-turned-CEO ? in mechanical engineering from the Polytechnic Institute Is it because she’s the fi rst African American woman of New York University in 1980. e following year she named CEO of a major global corporation? Or perhaps received a master of science in mechanical engineering from because she’s the fi rst woman to succeed another woman in Columbia University. the top executive job at a company of its size? Or could her Her mother’s infl uence is a consistent theme throughout award be about something else, something she represents? her life. It was only when Burns was a teenager that she began to appreciate how exceptional her mother was. “As I THE FOUNDATION got older, I realized that this woman was an amazing rocket Burns was raised in the Baruch Houses, a New York City scientist. She had a plan, and she implemented it, and she housing project, by her single Panamanian immigrant didn’t waver far from it. Her mission was her kids, and her mother. “I grew up in a neighborhood that was black plan was to make us successful.” and Hispanic, or very, very poor white,” Burns says. “ e Success never meant earning lots of money in her schools were marginal at best, and if you wanted to go to household. Her mother’s mantra was “you have to leave a better-than-marginal school, you had to save up some behind more than you take away.” It is the credo that drives money and fi gure out a way to get your kid there. My Burns every day.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

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MCCA CEO JOE WEST WITH 2013 AND 2012 LIFETIME ACHIEVEMENT AWARD RECIPIENTS URSULA BURNS AND DENNIS ARCHER. “ EVEN IF WE DON’T GET THE NEXT BIG THING FOR OURSELVES, WE SHOULD ENABLE IT FOR OTHER PEOPLE.”URSULA BURNS

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

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URSULA BURNS AS A HIGH SCHOOL STUDENT LEFT AND AS A YOUNG ADULT VISITING SAN FRANCISCO.

“Her big focus was on raising us to strive for the next big than I am,” she remembers. “Everything: He’s from the thing. And even if we don’t get it for ourselves, we should Midwest; a white man; really conservative; had traditional enable it for other people,” Burns explains. parents; politically conservative. I’m a New York City girl, black. And he’s marketing and sales; I’m engineering. UPWARD OPPORTUNITIES Everything different that you can imagine. He taught me Burns started at Xerox, known for selling printers at the how to debate and still like people who you are very dif- time, the year she graduated from college as a summer ferent from. Like and respect and learn from people that intern. For the next decade, she worked on product devel- you’re very different from.” opment and planning. In January 1989 she attended a Burns became executive assistant to Hicks. work-life discussion moderated by Wayland Hicks, a senior Nine months later Hicks told her that Xerox’s CEO Paul executive in charge of all customer operations. Allaire wanted to talk to her. She was hesitant because she Hicks responded to a poorly worded question about recently married her coworker Lloyd Bean and was afraid lowering standards for diverse workers in a professional, of being transferred away from her husband. Allaire wanted appropriate manner. Burns, who was 31 at the time, was her to become his executive assistant. shocked he acknowledged the question, let alone answered Burns was reluctant, but he told her, “’I’m the CEO, and it. She was called into his office after the meeting. I am asking you to do it. And it’s probably a good idea if the “I go see him, and we started a relationship from that CEO asks you to do something to do it,’” she recalls. She day that I still have with him. I mean he’s so different did not realize it at the time, but accepting the position put

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 22 10/18/13 2:27 PM 10182013144747 Approved with warnings her in a pool of candidates to be developed and groomed A NATURAL PLAYER for more responsibility. ere is an iconic pedigree in American business and it It was a major turning point in Burns’ career. At Xerox, does not look like Ursula Burns. MCCA’s first Lifetime the thing they call “diversity” really means “opportunity Achievement Award recipient helped Burns understand plus hard work,” Burns says. She seized the opportunity she the gravity of her persona. “Vernon Jordan is one of the was given. people who helped educate me on this responsibility: that In 2000, she was named senior vice president and over I actually stand as an icon of hope for other people. For the next two years became president of two different busi- African American women for sure, for African Americans ness divisions. When she was named president of Xerox in for sure, for women in general, for anyone who doesn’t have 2007 it was clear she was going to inherit the CEO title. the normal look and feel for whatever they are trying to get Her professional development has been unique, says into,” she says. Vera Sullivan, who has placed executives for over 30 years. Xerox General Counsel Don Liu believes Burns is a per- Most professionals change jobs to increase compensation, fect model for diversity programs. She is able to be who she responsibility, or prominence to build reputations. Burns is and it trickles down throughout the company. “We can did something entirely different. be who we are and feel comfortable that others will accept “She’s an African American woman, who became an us, or each of us, in our own different way. at’s where a engineer when it was incredibly rare for someone like her to diversity program should be, and I think she symbolizes do so, who has remained with the same company as a lifer what a diversity program should produce,” he says. and has gone from an internship to CEO. I wonder if she Burns never adjusted her style. is the only person in the United States who has done that,” “One of the most important things that I do, now more Sullivan says. “I wonder if she’s as unique—and I believe consciously than I did before, is to represent myself natu- she is—as Hillary Clinton, whose career has been unique rally, not to try to fit too much into a space that somebody and original and special.” would define as traditional,” Burns says.

WATKINS & EAGER Saluting Diversity in the Law

WATKINS & EAGER than I am,” she remembers. “Everything: He’s from the Attorneys and Counselors at Law Midwest; a white man; really conservative; had traditional Congratulates parents; politically conservative. I’m a New York City girl, black. And he’s marketing and sales; I’m engineering. Everything diﬀerent that you can imagine. He taught me Walter T. Johnson how to debate and still like people who you are very different from. Like and respect and learn from people that for his selection as a you’re very diﬀerent from.” 2013 Diversity & the Bar Rainmaker Burns became executive assistant to Hicks. Nine months later Hicks told her that Xerox’s CEO Paul Allaire wanted to talk to her. She was hesitant because she recently married her coworker Lloyd Bean and was afraid Walter is an exceptional trial lawyer who has tried numerous complex cases in difficult venues of being transferred away from her husband. Allaire wanted to successful verdicts. We are proud to have him as a long-standing member of our firm. her to become his executive assistant. Burns was reluctant, but he told her, “’I’m the CEO, and Watkins & Eager PLLC • The Emporium Building • 400 East Capitol Street • Jackson, MS 39201 I am asking you to do it. And it’s probably a good idea if the CEO asks you to do something to do it,’” she recalls. She Telephone: (601) 965-1900 • www.watkinseager.com did not realize it at the time, but accepting the position put

1555_MCCA SeptOct.indb 23 10/18/13 2:27 PM 10182013144747 Approved with warnings ank you to our generous sponsors for their support of the 14th Annual Creating Pathways to Diversity® Conference.

URSULA BURNS WITH 2011 LIFETIME ACHIEVEMENT AWARD RECIPIENT VERNON JORDAN, HER MENTOR WAYLAND HICKS, AND VISITING HER HIGH SCHOOL ALUMA MATER.

LEAVING MORE THAN YOU TAKE But even her daughter, described by Burns as a “great Burns is on a crusade to show students the value of an educa- mathematician, very smart,” is attending NYU to study 24 tion in science, technology, engineering, and math, also known writing or social anthropology. as STEM. She can’t comprehend why people would forego a career as an engineer or in the sciences. ere is almost a guar- NUMBERS DON'T LIE antee that a student who is passionate about STEM will earn a Like a true engineer, Burns’ analysis of numbers drives her good living and contribute to society, Burns says. “We have so feelings on diversity. “ ere’s a tidal wave coming. Look many people opting out of it; it’s amazing,” she marvels. at educational structure. Look at birthrates. If we want to In 2009, President Obama tapped her to lead the White prepare for the future of this nation, we must prepare for a House STEM program. Along with other major CEOs, future of diversity,” she says. she leads a nonproﬁt initiative called Change the Equation. “And society still [spends] a lot of energy trying to e program expands summer science camps for girls, exclude—and that’s one of the reasons why Minority allows more students to take part in robotics competitions, Corporate Counsel Association and the National Black increases teacher training, and helps students take more Employees Association (a caucus of black Xerox employees) advanced placement courses in math and science. and the National Association of Black Engineers—all of “She’s in Washington doing a lot of things; push- these organizations, why they exist is because they’re trying ing STEM initiatives and so forth,” says Ivy omas to push against trying to keep people out. So, I think it’s a McKinney, Xerox’s deputy general counsel and chief ethics business imperative; it’s logical. It’s a social imperative; it’s oﬃcer. “And I think it gives visibility to what she stands for, logical. It’s mathematical. I’m an engineer. Just look at the and diversity is one of those things that she stands for.” numbers, you can’t avoid it.” D&B “ IF WE WANT TO PREPARE FOR THE FUTURE OF THIS NATION, WE MUST PREPARE FOR A FUTURE OF DIVERSITY.” URSULA BURNS

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 24 10/18/13 2:27 PM Pathways_ThankYou_D&B_NOV FINAL.indd 1 10/9/13 4:57 PM 10182013144747 Approved with warnings ank you to our generous sponsors for their support of the 14th Annual Creating Pathways to Diversity® Conference.

But even her daughter, described by Burns as a “great mathematician, very smart,” is attending NYU to study writing or social anthropology. NUMBERS DON'T LIE Like a true engineer, Burns’ analysis of numbers drives her feelings on diversity. “ ere’s a tidal wave coming. Look at educational structure. Look at birthrates. If we want to prepare for the future of this nation, we must prepare for a future of diversity,” she says. “And society still [spends] a lot of energy trying to exclude—and that’s one of the reasons why Minority Corporate Counsel Association and the National Black Employees Association (a caucus of black Xerox employees) and the National Association of Black Engineers—all of these organizations, why they exist is because they’re trying to push against trying to keep people out. So, I think it’s a business imperative; it’s logical. It’s a social imperative; it’s logical. It’s mathematical. I’m an engineer. Just look at the numbers, you can’t avoid it.” D&B “ IF WE WANT TO PREPARE FOR THE FUTURE OF THIS NATION, WE MUST PREPARE FOR A FUTURE OF DIVERSITY.” URSULA BURNS

1555_MCCAPathways_ThankYou_D&B_NOV SeptOct.indb 25 FINAL.indd 1 10/18/1310/9/13 4:572:27 PM 10182013144748 Approved with warnings MCCA’S EMPLOYER OF CHOICE 2013 THOMAS L. SAGER AWARD AWARD GEORGE B. VASHON INNOVATORS AWARD

WINNERSPAULA L. ETTELBRICK AWARD

BY DIANNE HAYES

1555 MCCA 3.indd 26 10/22/13 9:24 AM ACH YEAR MCCA HONORS MCCA’S LEADERS IN DIVERSITY AND EMPLOYE R OF CHOICE INCLUSION IN THE LEGAL PROFESSION, E WHETHER IN LAW FIRMS, ASSOCIATIONS, OR CORPORATIONS AROUND THE COUNTRY, FOR THEIR SIGNIFICANT CONTRIBUTIONS IN PAVING 2013 A PATH OF EXCELLENCE. THOMAS L . S AGE R AWARD These leaders offer insight into ideologies and proven programs, and systems that have played a role in developing and retaining minority talent, as well as casting a wide net for nurturing those still in the pipeline. Many of our diversity awardees are innovators and think outside of the box to successfully engage employees to build impactful programs and systems with staying power.

The prestigious Employer of Choice award recognizes the outstanding accomplishments in the area of diversity in the legal profession from ﬁve AWARD regions of the United States. Top among companies for diversity, these GEORGE B. VASHON I NNOVAT ORS AWARD powerhouses are committed to succeed at creating, maintaining, and monitoring an inclusive legal department.

Five law firms were selected to receive the esteemed Thomas L. Sager Award, given to law firms demonstrating sustained commitment to improve the hiring, retention, and promotion of minority attorneys. Also, the Innovator Award goes to companies and firms that employ unique approaches to successfully achieving diversity, whether in recruitment and retention, mentoring, pipeline initiatives, or client inclusion feedback. WINNERSPAULA L. ETTELB RIC K AWARD MCCA honors all of its 2013 winners for their passion.

BY DIANNE HAYES

1555_MCCA SeptOct.indb 27 10/18/13 2:27 PM 10182013144714 EMPLOYE R OF CHOICE

ENTERGY TARGET CORPORATION

South/Southwest Region Midwest Region

DELIVERING ELECTRICITY to 2.8 million utility custom- THE TARGET CORPORATION, based in Minneapolis, ers in Arkansas, Louisiana, Mississippi, and Texas, and Minn., has worked hard to build an inclusive culture, seek- natural gas to 194,000 customers in Baton Rouge and New ing to install diverse talent throughout its ranks from its Orleans, Entergy is a Fortune 500 company, headquartered leadership to employees with direct contact with customers, in New Orleans, La., with revenues of more than $10 bil- as well as among its staff of attorneys. In the past two years lion. Celebrating its 100th birthday this year, it prides itself it was more than 33 percent ethnically diverse and more on building inclusive business strategies. than 50 percent female. Entergy’s legal department has had a formal diversity “Diversity and inclusion at Target is core to who we plan in place since 2005, which includes leadership engage- are as a company and how we differentiate ourselves as a ment, communication, education, diversity and inclusion business,” says Tim Baer, executive vice president, general training, career and succession planning, recruitment counsel and corporate secretary for Target. “By bringing and retention, a Diversity & Inclusion Council, employee together individuals with different perspectives and honing engagement, and employee demographics. their strengths through strong training and development “It has long been a part of Entergy’s business strategy programs, including mentorship, we position Target to to create a culture that fosters creativity, productivity, and drive innovation and deliver results.” mutual respect for all people,” says Entergy Senior Vice e law department led by Baer handles matters such 28 President and General Counsel Marcus V. Brown. “We as assets protection and corporate security departments, as believe that having a diverse and inclusive workforce where well as government affairs. we recruit, retain, and develop good people at all levels A vocal leader in diversity and inclusion, Target’s innova- give us a competitive advantage in meeting the continually tive approach includes sharing best practices for in-house evolving needs of our customers and other stakeholders.” departments at CLE sessions, hosting MCCA’s Academy for Last year, the legal department increased the amount of Leadership & Inclusion, using a diversity survey to measure pro bono assistance it provides to individuals and nonprofit the efforts of law firms, and participating in 1L diversity hiring groups located in its service territory, and the Louisiana programs such as Twin Cities Diversity in Practice and the State Bar Association recently nominated Entergy’s legal Leadership Counsel for Legal Diversity. department for a national pro bono award. In 2012, each Mentoring plays a critical role in developing talent at attorney in the legal department was asked to commit to Target. More than 90 percent of its managers, including 50 hours of pro bono legal services per year to a variety of attorneys, participate as both mentees and mentors in its programs such as “Hiring Our Heroes” to assist veterans. program. In 2012, the Target Law Pyramid, the company’s e law department uses formal and informal mentoring diversity and inclusion program, hosted a mentoring train- opportunities to help. Entergy’s formal mentoring program ing session for more than 200 team members. targets individuals identified by business unit leaders as Every department at Target, including the law depart- potential supervisory or manager candidates; an informal ment, has a scorecard used to evaluate diversity perfor- mentoring program is available to all employees. mance. Based on results in the scorecard and anecdotal “At Entergy, we understand that our successes as a evidence, each department comes up with a diversity action company are in large measure framed by the differences in plan to be carried out by the senior leaders and diversity backgrounds, talents, and perspectives that our employees champions for that department. e scorecard focuses on bring to the table,” Brown says. “Recognizing this truth, we representation, retention, and reputation, including infor- strive to ensure that our diversity and inclusion goals are not mation such as the diverse makeup of teams, training and merely aspirational, but rather that they are tangible and a development, and level of engagement. function of our daily workplace environment. Simply put, “At Target, our team is our greatest competitive advan- diversity is embraced as a core value at Entergy.” tage,” says Baer. “By fostering diversity and inclusion across our business, we benefit our team members, guests, share- holders, and communities.”

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 28 10/18/13 2:27 PM 10182013144714 COMCAST CABLE TOYOTA MOTOR TARGET CORPORATION COMMUNICATIONS SALES, USA INC. Midwest Region Mid-Atlantic Region Western Region

THE TARGET CORPORATION, based in Minneapolis, AS A LEADING media, entertainment, and communications AS THE BEST-SELLING automotive brand among African Minn., has worked hard to build an inclusive culture, seek- company, Comcast Cable Communications, headquartered Americans, Asian Americans, and Hispanics, Toyota has a ing to install diverse talent throughout its ranks from its in Philadelphia, Pa., is dedicated to opening doors for a special commitment to give back. leadership to employees with direct contact with customers, more diverse workforce. Its legal department is no excep- Toyota committed to spend more than $1 billion annu- as well as among its staff of attorneys. In the past two years tion. Out of the 37 attorneys in Comcast’s law department, ally with highly qualified minority- and women-owned it was more than 33 percent ethnically diverse and more 5 are minority and 20 are women. suppliers—a target it has exceeded by nearly 50 percent on than 50 percent female. Comcast is a global company with two primary busi- a regular basis. “Diversity and inclusion at Target is core to who we nesses—Comcast Cable and NBCUniversal. e cable divi- “As a result of our efforts, Toyota was inducted into the are as a company and how we differentiate ourselves as a sion includes video, high-speed Internet, and phone service to Billion Dollar Roundtable in 2005 for achieving at least $1 business,” says Tim Baer, executive vice president, general both residential and business customers under the XFINITY billion of spend annually with minority- and women-owned counsel and corporate secretary for Target. “By bringing brand, while NBCUniversal operates 30 news, entertainment, (MWBE) suppliers,” says Christopher Reynolds, Toyota’s together individuals with different perspectives and honing and sports cable networks, including the NBC and Telemundo general counsel. “In 2011, Toyota increased its spending with their strengths through strong training and development broadcast networks, Universal Pictures, and Universal Parks MBE suppliers by nearly 35 percent. More than 40,000 U.S. programs, including mentorship, we position Target to and Resorts. jobs are tied to the Toyota supplier diversity efforts, and the drive innovation and deliver results.” “Diversity and inclusion are important components of our company’s spending with diverse suppliers continues to sup- e law department led by Baer handles matters such company’s current and future success—not just as values, but port local economies where these suppliers operate.” 29 as assets protection and corporate security departments, as as part of a business advantage central to our operations,” says Reynolds’ strategy is to identify the best that America well as government affairs. Douglas Gaston, senior vice president and general counsel has to offer to create powerhouse legal teams. A vocal leader in diversity and inclusion, Target’s innova- at Comcast. “As a global leader in media and technology, we “ e answer to the diversity question is the same as it tive approach includes sharing best practices for in-house have a responsibility to reflect the customers and communi- was 27 years ago when I graduated from law school: Talent departments at CLE sessions, hosting MCCA’s Academy for ties we serve in all aspects of our business.” is not exclusive to a particular demographic,” says Reynolds. Leadership & Inclusion, using a diversity survey to measure Comcast is a charter member of the Inclusion Initiative, “If you want to apply the richest mix of talent to a problem, the efforts of law firms, and participating in 1L diversity hiring a collaborative effort of 25 companies across a wide spec- you must have a diverse team. Otherwise, you’re giving the programs such as Twin Cities Diversity in Practice and the trum of industries committed to building and maintaining client a ‘B’ team, not an ‘A’ team. I also believe that it is Leadership Counsel for Legal Diversity. diversity in the legal profession. Every year since joining the important for the legal profession to be effective advocates Mentoring plays a critical role in developing talent at Inclusion Initiative in 2010, Comcast’s legal department has for the rule and operation of law across American society. Target. More than 90 percent of its managers, including increased both the number of minority and women-owned at’s a very important and often-overlooked aspect of our attorneys, participate as both mentees and mentors in its firms it engages and the total spending with these firms. profession. We can’t be effective at it if our profession is program. In 2012, the Target Law Pyramid, the company’s Formal and informal mentor relationships provide an perceived as excluding large segments of that society.” diversity and inclusion program, hosted a mentoring train- opportunity to identify future leaders at Comcast and to e legal department’s recruitment strategy to identify ing session for more than 200 team members. develop attorneys who understand the business imperatives a diverse talent pool includes using resources such as the Every department at Target, including the law depart- and challenges facing the company. California Minority Counsel Program website to post open- ment, has a scorecard used to evaluate diversity perfor- Diversity and inclusion is a component of each Comcast ings. e law department’s formal mentoring program helps mance. Based on results in the scorecard and anecdotal employee’s annual performance review. Comcast encour- new associates and those newly promoted succeed. evidence, each department comes up with a diversity action ages majority law firms to assign women and minorities, “I think the most effective program or initiative is to be plan to be carried out by the senior leaders and diversity and monitors their use on company matters. direct and consistent in your communications internally champions for that department. e scorecard focuses on “Comcast is committed to creating a culture of fairness, and externally about the role of diversity in legal services,” representation, retention, and reputation, including infor- respect, and inclusion throughout the company and we are says Reynolds. “ en, follow up that communication with mation such as the diverse makeup of teams, training and equally committed to those principles in the legal group. processes that demand accountability, both from yourself development, and level of engagement. MCCA’s recognition is a tremendous honor that validates and from your internal and external partners. If diversity is “At Target, our team is our greatest competitive advan- our belief in the importance of our efforts and encourages linked to talent, as it should be, then it becomes part of the tage,” says Baer. “By fostering diversity and inclusion across us to continue building on our strong foundation to create day-to-day functioning rather than a special program.” our business, we benefit our team members, guests, share- an even more inclusive legal department.” holders, and communities.”

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

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REED SMITH LLP AETNA INC. Tyree P. Jones Jr. Northeast Region Western Region

AT AETNA INC., based in Hartford, Conn., diversity is IN 2001 AT THE inception of Reed Smith LLP’s formal embedded in a business model it put in place to grow and diversity initiative, there were six minority partners fi rmwide. maintain its standing as one of the nation’s leading diversi- Today, there is more than ten times that number. How fi ed healthcare benefi ts companies. did the Pittsburgh, Pa.-based fi rm that represents leading “A commitment to diversity and inclusion provides a international businesses accomplish such a feat? e success strategic competitive advantage because our workforce is partly born of necessity—with more than 1,800 lawyers refl ects the customers we serve,” says Aetna’s General Counsel in 25 offi ces throughout the U.S., Europe, the Middle East, William J. Casazza. “When we tap into all dimensions of our and Asia, the fi rm knows diverse talent helps it cultivate the diverse employee base, we better understand the unique needs global perspective required to serve its broad client base. of the people who depend on us. As a result, we are more at success also stems from leadership’s commitment eff ective at empowering people to live healthier lives.” to diversity. Casazza is a strong advocate for diversity and inclusion As global director of Diversity & Inclusion and chair within the law department and Aetna as a whole. As the of the diversity committee, Tyree P. Jones Jr., a partner in executive sponsor of the Aetna Asian Employees Network, the fi nancial industry group, has the unique challenge of he has presented on the topic of promoting diversity within addressing cultural diversity issues globally, while managing Aetna and the law department. Diversity is one of the met- strategic programs to ensure U.S. offi ces are recruiting and 30 rics Aetna uses to assess the law department, and Casazza retaining diverse talent. reviews diversity-related performance to ensure that the law Engaging senior leadership in diversity eff orts is essen- department exceeds expectations. tial. “When we are at our annual partner retreats, we may Many of Aetna’s law department recent hires have been have programs around diversity and inclusion. We engage women and people of color, and the company off ers a partners from each offi ce to get some face time together and formal mentoring program to retain them. try to understand issues of diversity and inclusion that may “Mentoring relationships provide many advantages, manifest in those markets,” Jones says. including giving young talent access to more seasoned profes- Jones plays the unique role of helping to heighten sensitiv- sionals who can provide insight and guidance based on their ity for those working with other cultures around the world, own experience,” Casazza says. “Mentors also benefi t from while developing diverse talent throughout the country. the perspective and insight they get from younger profession- “When we are talking about making sure we are building als who may be dealing with very diff erent dynamics driven the organization utilizing and building on diversity, it has to by technology, changes in the legal practice, and emerging be done in an inclusive way–everyone has a stake,” he adds. fi elds of law. Mentoring relationships also give everyone Recruitment eff orts include the Diverse Scholars Program, involved an opportunity to get a feel for how an organization which recognizes fi rst-year law students and awards a $15,000 or person operates under diff erent circumstances over time.” scholarship and a summer position at one of the U.S. offi ces. e law department’s Shaping the Future program, for e program acknowledges students who exhibit a attorneys with 12 or less years of experience, exposes partici- demonstrable commitment to diversity and inclusion pants to the outside counsel who advise Aetna in emerging through their life experiences. areas of law. As a result of an active recruitment campaign, 56 percent Committed to developing future talent, Casazza cites of new hires are minorities or women. the Diverse 1L Summer Internship program that began this Diversity training and development is evident through summer in partnership with one of its outside law fi rms. the CareeRS Initiative, which is a comprehensive com- “ e program allows diverse fi rst-year law students to gain petency-based program that is open to all associates to valuable experience working on Aetna legal matters and the develop the skills to meet the needs of a diverse client base unique perspective of working in-house at a law fi rm over and to succeed in their own careers. e CareeRS program the summer,” Casazza says. includes a mentoring component in which every associate is assigned a partner who acts as his or her career advisor.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 30 10/18/13 2:27 PM 10182013144715 THOMAS L . S AGE R AWARD

REED SMITH LLP SEYFARTH SHAW LLP ROPES & GRAY LLP

Tyree P. Jones Jr. J. Stephen Poor Diane Patrick Western Region Midwest Region Northeast Region

IN 2001 AT THE inception of Reed Smith LLP’s formal INNOVATION IS A KEY factor in Seyfarth Shaw LLP’s TO MAKE IT TO the A-List of the top 20 law firms and gain diversity initiative, there were six minority partners firmwide. success, whether it’s providing new strategic approaches to a top ranking for diversity achievements, Ropes & Gray Today, there is more than ten times that number. How addressing clients’ needs to its forward-thinking methods of LLP instituted a comprehensive plan to recruit, retain, and did the Pittsburgh, Pa.-based firm that represents leading strengthening its culture of inclusion and diversity. celebrate the contributions of the 1,100 attorneys that make international businesses accomplish such a feat? e success Founded in 1945 by labor lawyers who were practical up its global team. is partly born of necessity—with more than 1,800 lawyers and visionary, Seyfarth Shaw’s history laid the foundation e firm’s diversity committee hosts programs and in 25 offices throughout the U.S., Europe, the Middle East, for the work that continues today with the firm’s more events, addresses policy issues, and works to ensure that and Asia, the firm knows diverse talent helps it cultivate the than 800 attorneys in the U.S., London, Shanghai, and diversity is a central focus throughout its 11 offices from global perspective required to serve its broad client base. Sydney. Headquartered in Chicago, the firm provides New York to San Francisco and London to Shanghai. at success also stems from leadership’s commitment services in litigation, employment, corporate, real estate, Headquartered in Boston, Ropes & Gray serves organi- to diversity. and employee benefits. zations, investors, and individuals at all stages of the busi- As global director of Diversity & Inclusion and chair Seyfarth’s diversity efforts are focused in three strategic ness life cycle, from start-ups to established industry leaders. of the diversity committee, Tyree P. Jones Jr., a partner in areas: developing a strong talent pipeline at all stages from Since the plan was implemented in 2010, the number the financial industry group, has the unique challenge of exposing high school students to the legal professional of minority attorneys increased from 144 to 180 while the addressing cultural diversity issues globally, while managing through equity partnership; creating an organizational number of women attorneys grew from 387 to 453. In addi- strategic programs to ensure U.S. offices are recruiting and strategy through programs, policies, and business practices tion, there are 32 minority equity partners, up from 26. 31 retaining diverse talent. that build a diverse and inclusive culture; and having How does Ropes & Gray achieve and sustain such results? Engaging senior leadership in diversity efforts is essen- internal and external impact by supporting organizations, It embeds diversity and inclusion practices into all aspects of tial. “When we are at our annual partner retreats, we may clients, and the law profession. its business, processes and systems; engages partners, associ- have programs around diversity and inclusion. We engage In practice, these strategies include using feedback from ates and staff in its diversity efforts; measures results using partners from each office to get some face time together and law students and professors to recreate the Seyfarth Fellows its own scorecard as well as external rankings; demonstrates try to understand issues of diversity and inclusion that may program that provides substantive training and helps students leadership’s commitment to the cause; and communicates manifest in those markets,” Jones says. understand what it means to be a lawyer in today’s industry. and celebrates diversity in and outside the firm. Jones plays the unique role of helping to heighten sensitiv- In an effort to retain high-performing diverse attorneys, “Diversity is not a ‘program’ at Ropes & Gray. Rather, ity for those working with other cultures around the world, Seyfarth launched a pilot mentoring and sponsorship pro- it is an integral part of the fabric of the firm, woven into while developing diverse talent throughout the country. gram, where senior associates or those promoted to partner everything we do, from hiring to associate development, “When we are talking about making sure we are building in 2013 are teamed with a local mentor and a national from staffing to business development,” says Diane Patrick, the organization utilizing and building on diversity, it has to executive-level sponsor. e sponsor group includes execu- chair of the diversity committee and an employment law be done in an inclusive way–everyone has a stake,” he adds. tive committee members, national practice leaders, and firm partner. “is approach enhances our ability to meet our Recruitment efforts include the Diverse Scholars Program, managing partners. clients’ needs with the diverse sets of perspectives and which recognizes first-year law students and awards a $15,000 e yearlong triad approach of mentor-mentee-sponsor experiences that increasingly are necessary to successfully scholarship and a summer position at one of the U.S. offices. includes goal-setting and individual development planning. compete in our global economy.” e program acknowledges students who exhibit a e triad meets periodically to connect as a team. e firm e firm’s recruitment efforts include leveraging relation- demonstrable commitment to diversity and inclusion developed and launched the pilot mentoring and sponsor- ships with law schools, bar associations, former employees, through their life experiences. ship program to accelerate promotion, while creating a and other professional organizations. Ropes & Gray created As a result of an active recruitment campaign, 56 percent stronger pipeline of potential diverse partners. its own 1L program to attract and expose students to the of new hires are minorities or women. “I am very proud of the engagement of my colleagues firm’s culture. Diversity training and development is evident through around the firm who care deeply,” says J. Stephen Poor, In addition, it hosts a pre-job fair reception for the the CareeRS Initiative, which is a comprehensive com- chair and managing partner of the firm. “I am very proud Boston Lawyers Group, which is a consortium of more petency-based program that is open to all associates to of the overall firm effort; it’s not a commitment of only one than 40 of the largest law firms, government agencies, and develop the skills to meet the needs of a diverse client base or two people. e mentoring program is structured in a corporations in Boston created to promote hiring, retention, and to succeed in their own careers. e CareeRS program very unique way. It’s had great success right out of the box. and the professional development of attorneys of color. includes a mentoring component in which every associate is I’ve seen several people in the mentoring program move up assigned a partner who acts as his or her career advisor. to partner status.”

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 31 10/18/13 2:27 PM 10182013144715 THOMAS L. SAGER AWARD

HAYNES BEVERIDGE & DIAMOND AND BOONE LLP Ben Wilson Terry W. Conner Mid-Atlantic Region South

FOR THE LAST 40 years Beveridge & Diamond, P.C. has DIVERSITY IS AN action word at Haynes and Boone kept pace with changes in the environmental legal land- LLP. Since its founding in 1964, the fi rm was built on the scape. e Washington, D.C.-based fi rm also prides itself foundation of collaboration and mutual respect. As one of on being a pacesetter through its commitment to diversity America’s largest law fi rms, it has been recognized for its and inclusion. broad spectrum of diversity programs that reach all ranks Achieving that goal required signifi cant introspection within the fi rm. and adjustment to its recruiting strategy. It would no longer Headquartered in Dallas, Texas, Haynes and Boone is an recruit almost exclusively from top 10 law schools, require law international corporate law fi rm with offi ces in Austin, Fort review work, or experience as a federal judicial clerk. Creating Worth, Houston, Mexico City, New York, Orange County, a path for diversity has meant broadening its recruitment net Richardson, Rio de Janeiro, San Antonio, Shanghai, Silicon and creating more inclusive programs and policies. Valley, and Washington, D.C. “Our fi rm had a fascinating meeting years ago trying e fi rm’s diversity initiatives targeting recruitment, to see why we weren’t as diverse as we would like,” says retention, and developing its unique talent within its ranks Benjamin F. Wilson, managing principal. “We realized that has yielded quantifi able results including recognition by the we already had lawyers in the fi rm who didn’t come from American Lawyer’s annual Diversity Scorecard, designating those law schools and had diff erent experiences who were Haynes and Boone the highest of any Texas-based law fi rm 32 succeeding. e other thing that happened was that we for the second year in a row. e Diversity Scorecard ranks listened to our clients. ey wanted to see diverse teams. fi rms for the percentage of minority attorneys and partners. “We also spearheaded around other issues related to Additionally, the fi rm was awarded the 2013 Women diversity, including gender-oriented issues and fl ex time.” in Law Employment Forum Gold Standard Certifi cation Wilson says the fi rm now off ers part-time work to men for the third straight year. e certifi cation recognizes law as well as women. “We’ve even had a shareholder who fi rms for successfully demonstrating that women represent a worked part time,” Wilson says. “We put it in writing and meaningful percentage of the fi rm’s equity partners, highest eliminated the stigma (sending the message to men) that it leadership positions, governance and compensation com- (fl ex time) was not only for women of child-bearing age.” mittees, and most highly compensated partners. A leader in environmental law, Beveridge & Diamond “Diversity is important to our fi rm, our communities, fi rm members include former senior offi cials with the U.S. and clients; diversity make us stronger,” says Terry W. Environmental Protection Agency, U.S. Department of Conner, managing partner. Justice, and other federal and state resource and environmental Haynes and Boone’s 2013 fall associate class is the largest agencies. e fi rm’s 100 lawyers operate from seven offi ces in to date with 48 percent minority representation and 52 per- the U.S., and represent domestic and international clients in cent female representation. e Board of Directors includes environmental, natural resource, and land use litigation. 28 percent female representation and 17 percent minority. Since 2006, the fi rm’s diversity eff orts have shown results e fi rm’s administrative partners, who serve as day-to-day including the hiring/promotion of its fi rst minority manag- leaders in their respective offi ces, include 44 percent minor- ing principal. Women make up 33 percent of principals, up ity and 11 percent female representation. In addition, the from 24 percent, minorities make up 24 percent of associ- fi rm’s practice group leadership is comprised of 28 percent ates, up from 6 percent, and the percentage of associates female and 17 percent minority. with fl exible work arrangements has nearly doubled. “We believe strongly in diversity, and communicate and In February 2013, the fi rm received an AT&T Legal reinforce that at all levels and in all practices and offi ces. Department Diversity Award for its inclusion eff orts and But what really makes us unique is that we have so many accomplishments. lawyers and staff dedicated to improving our diversity “We want to make certain that everyone can fi nd a programs,” says Conner. “It’s really a full-court press, with a voice and that the younger attorneys are building on their focus on innovation.” networks,” Wilson says.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 32 10/18/13 2:27 PM 10182013144716 GEORGE B. VASHON INNOVATOR AWARD

HAYNES AND BOONE LLP ORRICK HERRINGTON NEW YORK LIFE & SUTCLIFFE LLP INSURANCE Terry W. Conner South Mentoring Pipeline

DIVERSITY IS AN action word at Haynes and Boone IT’S NOT ONE-SIZE-FITS-ALL when it comes to carv- NEW YORK LIFE Insurance Company legal department LLP. Since its founding in 1964, the fi rm was built on the ing out a path for career success at Orrick Herrington & leaders believe it’s never too early to jumpstart a career in foundation of collaboration and mutual respect. As one of Sutcliff e. In 2009, the fi rm launched its groundbreaking law—even while in high school. e department provides America’s largest law fi rms, it has been recognized for its Talent Model, which provides Orrick lawyers with unique historically underrepresented groups with access to oppor- broad spectrum of diversity programs that reach all ranks career development options ranging from traditional part- tunities ranging from high school work study to executive within the fi rm. ner tracks to customized positions to meet individual goals. leadership training. Headquartered in Dallas, Texas, Haynes and Boone is an e 150-year-old San Francisco, Calif.-based fi rm places Students from the Cristo Rey New York High School, a international corporate law fi rm with offi ces in Austin, Fort a high value on training, mentoring, and sponsorship at Catholic college-prep school that requires students to work Worth, Houston, Mexico City, New York, Orange County, every stage. one day a week during the school year to off set the cost of Richardson, Rio de Janeiro, San Antonio, Shanghai, Silicon e Talent Model allows Orrick’s attorneys to follow their education, are among those to benefi t from New York Valley, and Washington, D.C. a track that’s right for their personal career goals. e Life’s Offi ce of General Counsel’s (OGC) pipeline eff orts. e fi rm’s diversity initiatives targeting recruitment, fi rm’s shift to the Talent Model impacts all associates, but New York Life is a sponsor of the Cristo Rey Corporate retention, and developing its unique talent within its ranks uniquely impacts the career advancement opportunities of Work Study Program, and each year OGC hosts three has yielded quantifi able results including recognition by the diverse associates as it represents a shift away from tradi- students, helping them to develop a strong work ethic, American Lawyer’s annual Diversity Scorecard, designating tional models of advancement with one path to partnership. confi dence, and exposure to the legal profession. Haynes and Boone the highest of any Texas-based law fi rm Instead, the various mentoring and sponsorship approaches OGC attorneys mentor students and develop their own 33 for the second year in a row. e Diversity Scorecard ranks at Orrick allow attorneys to carve out their own path, leadership and management skills. fi rms for the percentage of minority attorneys and partners. whether it is as a partner or identifying other long-term “New York Life has made an ongoing commitment to Additionally, the fi rm was awarded the 2013 Women positions that suit them better within the fi rm. integrating diversity and inclusion strategy into every aspect in Law Employment Forum Gold Standard Certifi cation e Partner Track allows associates to move toward of our business,” says Sheila K. Davidson, executive vice for the third straight year. e certifi cation recognizes law partnership in a merit-based advancement system. For those president, chief legal offi cer, and general counsel. “New fi rms for successfully demonstrating that women represent a seeking a less traditional path to partnership, or who don’t York Life is proud that we’ve been recognized for our inno- meaningful percentage of the fi rm’s equity partners, highest desire to become a partner, associates can choose a Custom vative ideas designed to carry out this commitment.” leadership positions, governance and compensation com- Track, allowing them to customize a long-term, meaningful e next section of the pipeline is the OGC Summer mittees, and most highly compensated partners. position at the fi rm. Legal Internship Program, in which summer legal interns— “Diversity is important to our fi rm, our communities, “Mentoring relationships come in so many diff erent many of them fi rst-year law students and some from the and clients; diversity make us stronger,” says Terry W. shapes and sizes. So, we knew the most eff ective program to New York City Bar Association’s Diversity Fellowship Conner, managing partner. promote mentoring would approach the challenge in many Program—are provided with a broad array of work assign- Haynes and Boone’s 2013 fall associate class is the largest diff erent ways,” says Siobhan Handley, managing partner ments and see fi rsthand the day-to-day responsibilities of to date with 48 percent minority representation and 52 perfor resources and head of the fi rm’s Talent Initiative. New York Life attorneys. cent female representation. e Board of Directors includes “ at’s what I believe makes our program distinct: We ey also participated in various career seminars, such as 28 percent female representation and 17 percent minority. have a menu of off erings and associates draw on what’s “Lunch and Learns,” and practice group discussion. e fi rm’s administrative partners, who serve as day-to-day valuable to them at any given time. It’s intuitive that this “Working with the New York City Bar Association’s leaders in their respective offi ces, include 44 percent minor- approach would serve the needs of diverse lawyers—and we Diversity Fellowship Program and the Cristo Rey Work ity and 11 percent female representation. In addition, the are really encouraged by their feedback. Now we are work- Study program has allowed us to bolster our pipeline fi rm’s practice group leadership is comprised of 28 percent ing to add to the menu.” eff orts. But our work doesn’t stop there,” says Davidson. female and 17 percent minority. Attorneys may also gain personalized, high-level training “New York Life also emphasizes recruiting, talent man- “We believe strongly in diversity, and communicate and and mentoring through Orrick University, which aligns the agement, and leadership development to strengthen the reinforce that at all levels and in all practices and offi ces. fi rm’s training curriculum and development initiatives with pipeline of mid-level attorneys poised for leadership roles But what really makes us unique is that we have so many the criteria for advancement and practice group bench- within the legal department. lawyers and staff dedicated to improving our diversity marks, as well as mentoring and feedback. “A strong and diverse pipeline is critical to the success of programs,” says Conner. “It’s really a full-court press, with a “I would not be where I am in my career today without New York Life, and critical to the future of the legal profes- focus on innovation.” the benefi t of many extraordinary mentors—past and pres- sion,” she says. “New York Life is committed to providing ent,” says Mitch Zuklie, the fi rm’s chairman. training to our next generation of lawyers.”

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 33 10/18/13 2:27 PM 10182013144716 GEORGE B. VASHON I NNOVAT OR AWARDS

PRUDENTIAL PEPPER HAMILTON FINANCIAL Pipeline LGBT

INSTEAD OF TALKING about the need to identify, recruit, HOLDING THE SECOND spot on the list of the 2013 REPRESENTING MORE THAN 1.5 million members and and retain diverse talent, Pepper Hamilton is putting its World’s Most Admired Companies by FORTUNE maga- supporters nationwide, e Human Rights Campaign is the money where its commitment is through a partnership with zine in the Insurance: Life, Health category, Prudential largest civil rights organization working to achieve equality Villanova Law School that it hopes other firms will replicate Financial is committed to diversity and inclusion internally for lesbian, gay, bisexual, and transgender Americans, from as a step toward filling the pipeline. and through its outreach efforts. its base in Washington, D.C. Since 2006, the Philadelphia-based firm has partnered Prudential Financial’s Law Department has successfully Founded in 1980, HRC advocates on behalf of LGBT with nearby Villanova School of Law in a diversity program partnered with the LGBT community as part of its diversity Americans through its grassroots activities around the coun- to enable deserving minority students a legal education, and inclusion efforts. Since 2010, the law department has try, and endorses and strategically helps to elect fair-minded internships, and possibly a full-time job. worked closely with the National LGBT Bar Association to candidates to office. In addition, HRC educates the public Pepper Hamilton, a multi-practice law firm with more identify qualified LGBT candidates for programs including about LGBT issues. than 500 lawyers nationally, provides corporate litigation and Prudential’s summer minority internship program and its “HRC is responsible for the advancement of all LGBT regulatory legal services to leading businesses, governmental 18-month fellowship program. Americans, so reaching out into diverse communities is an entities, nonprofit organizations, and individuals globally. e 135-year-old Prudential is one of the world’s largest inherent part of our mission,” says Rob Falk, HRC’s general Each year the firm awards a three-year, full-tuition financial service institutions with operations in the U.S., counsel. “We recognize that we must both build partnerships scholarship to two incoming Villanova Law School students Asia, Europe, and Latin America. Its business operations in of diverse backgrounds. e Pepper Hamilton LLP Pathway more than 20 countries are an impetus for the legal depart- 34 Program hires two minority Villanova Law students as first- ment’s outreach for talented, creative individuals from a year associates and then as part-time law clerks during their variety of backgrounds, worldviews, and life circumstances. second or third year. Executive Vice President and General Counsel Susan In addition, the firm’s Martin Luther King Jr. Lecture Blount says Prudential’s efforts to increase diversity and Forum brings leading scholars to the law school each year to inclusion awareness make it a trendsetter. explore topics of social justice, politics, racial identity, and “We’ve had a longstanding commitment to diversity,” spirituality. e initiative also includes a six-week sum- says Blount, who has been with Prudential for 28 years, the mer program at Villanova for sophomores and juniors of last eight as general counsel. “Much of corporate America is historically black colleges and universities to introduce them looking for ways to re-energize their initiatives.” to a career in law and to provide an introduction to legal Blount says the area she oversees in compliance—business reasoning and writing. ethics and external affairs—has for the last five to six years “What better way to [find] qualified diverse talent than had annual all-hands-on-deck meetings on diversity topics. to create them?” says Kassem L. Lucas, a partner in the “Each year we’ve focused on a different community,” says commercial litigation practice who is in charge of diversity. Blount. “In the past, for example, we focused on Hispanic “It’s one program with multiple components.” Americans, African American culture, and the Japanese cul- ere are three goals: ture. is year, the planning committee thought it was time • Maintain diversity and inclusion as core values in for us to put that same level of focus on the LGBT commu- the firm, nity committee. We did an outstanding four-hour program.” • Recruit, retain, develop, and promote diverse talent, “ere were nearly 400 people and standing room only • Find ways to partner with clients and members of the in the company’s largest auditorium and [employees] in community to enhance diversity. remote offices [saw the program] at the same time.” “It’s a tangible way to help increase the quality of diverse e program’s speakers included firm associates who are persons in our legal system,” Lucas says. “It means a lot gay. e panels included the mother of a New Jersey college more than having the firm’s name on a plaque.” student who committed suicide after his roommate broadcast him engaged in sexual activity with another man. “During the panel discussion, you could hear a pin drop. It was touching when a group of associates led the auditorium in the song ‘We Are family,’” says Blount.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 34 10/18/13 2:27 PM 10182013144833 Approved with warnings PAULA L. ETTELB RIC K AWARD

to advance our communities’ welfare and give back. PRUDENTIAL THE HUMAN RIGHTS “For instance, in our recent state marriage initiatives, we had FINANCIAL CAMPAIGN an active program to reach out to African American ministers in a number of states,” Falk says. “We partnered with the NAACP.” LGBT Some programming that specifically targets the Latino community includes its “La Familia” program, a bilingual guide to foster dialogue with Latino families and churches about sexual HOLDING THE SECOND spot on the list of the 2013 REPRESENTING MORE THAN 1.5 million members and orientation. In addition, HRC actively participates in the “Ya World’s Most Admired Companies by FORTUNE maga- supporters nationwide, e Human Rights Campaign is the es Hora” program, where volunteers help immigrants apply for zine in the Insurance: Life, Health category, Prudential largest civil rights organization working to achieve equality either permanent status or citizenship in the United States. Financial is committed to diversity and inclusion internally for lesbian, gay, bisexual, and transgender Americans, from HRC’s partnership with the Ya Es Hora campaign, a and through its outreach efforts. its base in Washington, D.C. national non-partisan citizenship and voter registration Prudential Financial’s Law Department has successfully Founded in 1980, HRC advocates on behalf of LGBT program, mobilized more than 2,500 volunteers for 60 citi- partnered with the LGBT community as part of its diversity Americans through its grassroots activities around the coun- zenship workshops in 20 communities including Las Vegas and inclusion efforts. Since 2010, the law department has try, and endorses and strategically helps to elect fair-minded and San Diego. As a result of this partnership, many Latino worked closely with the National LGBT Bar Association to candidates to office. In addition, HRC educates the public leaders and organizations pledged to support LGBT issues. identify qualified LGBT candidates for programs including about LGBT issues. “We fully understand that in order to be effective, we Prudential’s summer minority internship program and its “HRC is responsible for the advancement of all LGBT have to have staff who are culturally competent to work in 18-month fellowship program. Americans, so reaching out into diverse communities is an many different types of communities,” he says. “It is through e 135-year-old Prudential is one of the world’s largest inherent part of our mission,” says Rob Falk, HRC’s general building bridges with all American communities that we financial service institutions with operations in the U.S., counsel. “We recognize that we must both build partnerships will be successful in accomplishing our mission.” Asia, Europe, and Latin America. Its business operations in more than 20 countries are an impetus for the legal department’s outreach for talented, creative individuals from a variety of backgrounds, worldviews, and life circumstances. Executive Vice President and General Counsel Susan Blount says Prudential’s efforts to increase diversity and inclusion awareness make it a trendsetter. “We’ve had a longstanding commitment to diversity,” says Blount, who has been with Prudential for 28 years, the Diversity Makes Us last eight as general counsel. “Much of corporate America is looking for ways to re-energize their initiatives.” Blount says the area she oversees in compliance—business ethics and external affairs—has for the last five to six years had annual all-hands-on-deck meetings on diversity topics. Stronger “Each year we’ve focused on a different community,” says Blount. “In the past, for example, we focused on Hispanic Americans, African American culture, and the Japanese culture. is year, the planning committee thought it was time for us to put that same level of focus on the LGBT community committee. We did an outstanding four-hour program.” Congratulations to our partner Jose Valera “ere were nearly 400 people and standing room only in the company’s largest auditorium and [employees] in on being recognized as a “rainmaker” remote offices [saw the program] at the same time.” by Diversity & The Bar. e program’s speakers included firm associates who are gay. e panels included the mother of a New Jersey college student who committed suicide after his roommate broadcast him engaged in sexual activity with another man. “During the panel discussion, you could hear a pin drop. Americas | Asia | Europe | www.mayerbrown.com It was touching when a group of associates led the auditorium in the song ‘We Are family,’” says Blount.

1555_MCCA SeptOct.indb 35 10/18/13 2:27 PM 10182013144731 makersrain RAKE IT IN IT TAKES A GRACEFUL COMBINATION OF HARD WORK, DEDICATION, AND FOCUS, BUT THESE ATTORNEYS HAVE THE RIGHT MOVES TO MAKE IT POUR. by Patrick Folliard

1555_MCCA SeptOct.indb 36 10/18/13 2:27 PM 10182013144934 Approved with warnings PARTNER, PARTNER, MAYER BROWN KIRKLAND & ELLIS LLP Houston, TX New York, NY YEARS PRACTICING: 30 YEARS PRACTICING: 23 PRACTICE AREA: Energy PRACTICE AREA: Government & Internal Investigations JOSE L. VALERA MICHAEL J. GARCIA “YOU'RE NOT HATCHED A RAINMAKER. YOU BECOME ONE as the result of good “COMING FROM THE PUBLIC SECTOR, I HAD service and hard work,” says Jose Valera, a partner in Mayer TO LEARN THE WORLD OF RAINMAKING,” says Brown’s Houston offi ce. “And you don’t remain a longtime Michael Garcia, a government and internal investigations rainmaker unless you consistently provide excellent service partner in Kirkland’s New York offi ce. “Because I didn’t and are a good lawyer at the same time.” rise through the ranks of a fi rm, I missed out on a lot of Valera, whose practice is focused on domestic and exposure to the law fi rm business model. Fortunately, I was international energy transactions and project development able to watch the partners here and pick up pretty quickly throughout the United States, Latin America, Africa, and on how things worked.” Asia, began his legal career in Peru where he attended law Before joining Kirkland Ellis in 2008, Garcia was the rain school and went to work for a fi rm as local counsel to a Senate-confi rmed United States Attorney for the Southern Houston-based oil company. District of New York. He successfully directed a broad In 1982, he came to Houston to do an unpaid intern- range of prosecutions, including investigations into white- ship for the same client. After two months he was off ered collar fraud, international terrorism, and national security a position. Valera accepted. “ e company sponsored me matters. Prior to that, he spent two years as assistant and eventually helped pay for me to go to law school. I got secretary for immigration and customs enforcement at the my second J.D. at South Texas College of Law in 1986 and Department of Homeland Security. have been in Houston ever since. “ e public sector isn’t so strictly defi ned in terms of makers “When you begin to generate a decent amount of work client relations. But it did give me the confi dence to go into in a fi rm,” says Valera, “you gain a higher degree of auton- new situations,” says Garcia. “When you walk into a board- omy with regard to the matters you work on, and how you room or a pitch, you bring substantive abilities, experience 37 allocate your time and resources. at’s important to me. but also your presence. I think my background has given “I don’t play golf with clients. I prefer to share a meal with me a sense of presence and that’s clearly communicated.” clients and potential clients. In addition to actual billable After a brief career in journalism, Garcia attended Albany RAKE IT IN time, I also spend time learning and keeping up with the oil Law School on a scholarship. “I never had a well-thought-out industry and international events, and talking to media, writ- career trajectory. I was a criminal courtroom lawyer for a lot ing, and speaking. A rainmaker must be very knowledgeable of my career. I ran some agencies in D.C. Hard work and of the industry in which his or her clients operate.” energy have enabled me to turn the skills I picked up over the Does Valera work all the time? Without hesitation, he years into a successful career in private practice.” answers “pretty much.”

SHAREHOLDER, LITTLER MENDELSON P.C. But despite the challenges, Prophete remains on top. (He was featured in Diversity & the Bar’s rainmaker article Kansas City, MO in 2008.) To maintain existing and new clients, Prophete YEARS PRACTICING: 21 goes beyond using his substantive skills and delivering wise counsel. He works hard to address the unmet needs (both PRACTICE AREA: Labor and spoken and unspoken) of his clients. “ at’s how I bring in Employment value,” he says. “Eventually a lawyer’s rates will exceed his DONALD S. PROPHETE worth unless he or she is constantly working to elevate their value. If you don’t, clients will feel they’re overpaying.” “IN THE PAST FIVE YEARS, COMPETITION WITH To some, the term “rainmaker” connotes an element of RESPECT TO LABOR AND EMPLOYMENT has inten- magic. “We used to believe that you had to be born with sifi ed,” says Don Prophete, a rainmaking partner in Littler’s the rainmaker touch,” says Prophete, who has served as Kansas City offi ce. “It’s harder to acquire a client now than lead trial counsel in all types of employment disputes in it was then. e pie hasn’t grown much, but the number of federal and state courts. “But that’s not true. Anyone who players has increased. Today, more general practice fi rms are wants to become a strong business developer can with the focusing on labor and employment.” proper preparation.”

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 37 10/18/13 2:27 PM 10182013144934 Approved with warnings PARTNER, PARTNER, GREENBERG BAKER & MCKENZIE TRAURIG, LLP Washington, D.C. Washington, D.C. YEARS PRACTICING: 27 YEARS PRACTICE AREA: Global Immigration PRACTICING: 29 and Mobility PRACTICE AREA: Africa ELIZABETH E. STERN JUDE KEARNEY LIKE THE MOVEMENT OF GOODS, TECHNOLOGY, AND CAPITAL, THE MOVEMENT OF PEOPLE can trigger legal issues. As the rainmaking AS CHAIR OF GREENBERG’S head of Baker & McKenzie’s global mobility practice, Elizabeth (Liz) Stern helps AFRICA PRACTICE, Jude Kearney companies establish global compliance and management programs to move their works with major U.S. and international executive and professional work corps to various locations around the world. clients in the areas of energy, telecom- When Stern started her practice, she mainly focused on employees munications, infrastructure projects, and entering Western markets. “Today, with corporations expanding in emerg- financial services. He also handles mat- ing economies, there’s movement in all directions,” she says. Over time it ters involving mergers and acquisitions, became clear to her that an exclusively inbound practice was not sufficient. complex litigation, and corporate matters, As globalization accelerated, her practice needed to adapt. and has specific experience in international Early in her career, Stern utilized her legal and language skills handling markets including Africa, Eastern Europe, immigration issues for burgeoning IT companies in the Washington, D.C. and Asia. Kearney’s interest in Africa area. As the daughter of an Ecuadorian diplomat, Stern’s first language is began when he completed a yearlong post- Spanish even though she was born in the United States. She also speaks graduate fellowship in Nigeria. At the end French. “I’d wanted to be a trial lawyer,” she recalls. “But I quickly learned of his stay, he vowed to return and be part that moving people was a huge part of business planning, and I found that I of the developing continent’s growth. liked business planning much more than fighting disputes in court.” In some respects he feels personally In 2005, she joined Baker & McKenzie. She stresses the importance of vested in Africa’s well-being: “Over the having an engaged, service-oriented team. "We manage risk,” she says. decades there have been a lot of oppor- 38 tunities in Africa, but the individuals who pursued those opportunities weren’t always concerned with the ultimate suc- PARTNER, cess of their projects—or the impact of SEDGWICK LLP those projects on the host countries. I’m Los Angeles, CA keenly aware that commercial realities YEARS PRACTICING: 25 must play a role in decisions to invest in a market or to develop its infrastructure, PRACTICE AREA: Media and Entertainment but making sure the projects we work on and leave behind has sustainability is JAMES J.S. HOLMES incredibly important to me.” RAINMAKING ENTERTAINMENT AND MEDIA LAWYER JAMES He describes his business development (JIM) HOLMES REMEMBERS early in his career offering his services to a style as very hands on. He stresses the movie studio with a strong commitment to diversity. He recalls, “I told them importance of being where the opportuni- ‘If you want to hire me because I’m gay that’s fine, but I’d rather you hire me ties are. ough based in Washington, because I’m good. And by the way, I’m both.’” He was hired. D.C., the Arkansas native travels to Africa “I’ve always been out. I was out in law school, and out in my practice,” monthly, visiting one of the ten African he adds. An entertainment and media partner at Sedgwick in Los Angeles, nations with whom he does business. Holmes is active in national and local bar associations, both general and Kearney lived in South Africa from those specific to LGBT. “I’m there to improve the bar and not to develop 2000 to 2005, as the founder and head business; however over the years these groups have offered me leadership of LeBoeuf Lamb’s Johannesburg office. opportunities that have given me confidence, knowledge, and compassion. He joined Greenberg in June 2012 to Both existing and potential clients like these things a lot. ere’s no seminar, establish the firm’s Africa practice. cocktail party, or golf outing that’s going to do that.” “ere’s probably an expectation Holmes has been with Sedgwick for twenty years, and credits the firm around me to continue at this pace, but with providing him with a platform which allows him to be successful: “e that’s not my primary motivation. I am firm is a national practice, so I’m not just the guy in Los Angeles. Being able constantly moving to make sure the best to staff a file anywhere in the country has been fundamental to the expan- options are available.” sion of my practice.”

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 38 10/18/13 2:27 PM 10182013144935 Approved with warnings COURINGTON, KIEFER & SOMMERS, L.L.C. New Orleans, LA YEARS PRACTICING: 25 outgoing and curious, always have been. My interest in clients is very genuine, so for me business development is PRACTICE AREA: Toxic never a chore. It includes getting to know people, learning Tort, Longshore, Workers about their businesses, and letting them know how we can Compensation, General Casualty, help them. is is something I do every day without really Admiralty thinking about it. A rainmaker never takes a break from KAYE N. COURINGTON business development. Even if I’m traveling to do something like looking at colleges with my kids, I try to meet with an BEFORE ATTENDING TULANE UNIVERSITY LAW existing or potential client.” SCHOOL, Kaye Courington was a director of college e firm also promotes a “nonprofit of the month” admissions. But after four years she was ready to explore program. Clients and employees nominate a charity that is other career options. particularly meaningful to them. e selected cause receives Courington, a member at the 14-attorney firm a donation, and firm employees are encouraged to volunteer, Courington, Kiefer & Sommers in New Orleans and if applicable and local. “e program creates bonds and Ocean Springs, Miss., says, “e rainmaking piece of my furthers relationships. Plus it’s good for the world and good career came very naturally to me. I’m lucky that way. I’m business. So it’s a win-win situation.”

PARTNER, PARTNER, WATKINS & EAGER PLLC MCGUIREWOODS Jackson, MS Baltimore, MD YEARS PRACTICING: 23 YEARS PRACTICING: 27 PRACTICE AREA: Product PRACTICE AREA: Liability; Pharmaceutical and Commercial Litigation Medical Device Litigation 39 AVA E. LIAS-BOOKER WALTER T. JOHNSON “THE BUILDING BLOCKS OF BUSINESS DEVEL- “I AM FROM A SMALL TOWN IN MISSISSIPPI. My first OPMENT HAVE NOT CHANGED MUCH,” says Ava exposure to lawyers was in the 1960s when the civil rights Lias-Booker, who was featured in Diversity & the Bar’s movement brought lawyers from outside of the Deep South rainmaker article in 2010. “It’s still important for me to to rural Mississippi,” says Walter Johnson, a rainmaking meet my clients’ strategic objectives in the litigation we’re litigator at Watkins & Eager PLLC in Jackson. “I remember working on, to develop relationships with clients so I being impressed by the courage they demonstrated and understand their industries, and to nurture relationships thought about becoming a lawyer myself.” with key decision makers within the client’s corporate or But the law was not Johnson’s first career. In his previ- institutional structures.” ous professional life, he was an X-ray technologist, and e managing partner of McGuireWoods’ Baltimore later a nuclear medicine technologist and clinical instructor office, Lias-Booker says while there is no substitute for hard in Jackson. “I grew bored doing the same thing each and work, engagement, or focus, she does credit much of her rain- every day,” he says. “An early mentor of mine told me that ‘a making success to being active in organizations whose mis- litigator never drinks from the same stream twice. No two sions are wholly or in part dedicated to supporting lawyers of cases are the same. ere are always different stories and color and women attorneys, such as the Minority Corporate different damages.’ at was just what I was looking for.” Counsel Association, the ClientFocus’ Women Rainmakers Trying cases has made Johnson a rainmaker. He started Roundtables, and Corporate Counsel Women of Color. off doing medical malpractice defense, which allowed him She adds “ere were some, but not a lot of these groups to try a lot of cases early in his career. “And this was before when I entered the profession. It’s refreshing to walk into tort reform in Mississippi,” he explains. “A lot of companies rooms where women are gathered talking about their were being sued here. e state became sort of a dumping careers and building networks. Becoming actively engaged ground for litigation. Eventually I expanded my practice from can cut in half the time spent developing comfort and defending doctors to also defending pharmaceutical compa- expertise around business development.” And then she says nies and other product manufacturers. with a laugh, “It’s these groups that allowed me not to have “A lot is expected with each piece of litigation, but the to learn to play to golf. I could take a spa day with women more you have the more you want,” adds Johnson. colleagues and clients instead.”

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 39 10/18/13 2:27 PM 10182013144935 Approved with warnings PARTNER, PARTNER, PARTNER, KENYON & KENYON SIDLEY AUSTIN LLP FOX ROTHSCHILD LLP New York, NY Los Angeles, CA Los Angeles, CA YEARS PRACTICING: 25 YEARS PRACTICING: 23 YEARS PRACTICING: 23 PRACTICE AREA: Pharmaceutical Litigation PRACTICE AREA: Patent PRACTICE AREA: and IP Litigation Entertainment ELIZABETH J. HOLLAND “AS A TRIAL LAWYER, ONE OF THE BEST PETER H. KANG DARRELL D. MILLER PLACES TO GENERATE NEW BUSINESS IS IN WHILE A STUDENT AT STANFORD UNIVERSITY, BEINGA RAINMAKINGATTORNEY IN THE ENTER- THE COURTROOM,” says Elizabeth Holland, a pharmaceutical patent rainmaking patent and IP litigator Peter Kang double TAINMENT BUSINESS is not as glamorous or easy as it litigator at Kenyon & Kenyon’s New York office. “In the courtroom, both majored in Industrial Engineering and Classics (Latin). may seem. “Entertainment law is not all premieres and fancy current and potential clients get to see the quality of your work. Of course, Following graduation, he spent a year prior to law school pro- lunches. Sometimes we don’t get the invite,” says Darrell D. a big part of business development is maintaining relationships with exist- gramming by day and tending bar at night. “I’ve always liked Miller, chair of the entertainment law department and managing clients. Clients need to want to work with you on a personal as well as a to use both sides of my brain,” he says. “And the intersection ing partner of Fox Rothschild’s Los Angeles offices. professional level.” of technology and law requires two different sets of thinking, Miller’s practice took off in the 1990s when television Prior to joining Kenyon & Kenyon in 1997, Holland was at a large New culture, and language. To sit comfortably at that crossroad networks, led by the emergence of the Fox Broadcast Network, York general practice firm where she did some patent work. At Kenyon she and communicate with the engineers, Silicon Valley entrepre- began to widely broadcast shows about African American has litigated patents in numerous technical areas and industries, including neurs, and technologists on one side, and the lawyers, judges, culture, and hip hop artists were snatching the popular culture pharmaceutical, chemical, medical device, and consumer products, and and juries on the other, is challenging and stimulating.” limelight from rock stars. Miller initially rode that wave by pro- has extensive experience with Hatch-Waxman litigation (lawsuits between Senior IP partner in Sidley’s Palo Alto office, Kang is moting the crossover careers of high-profile music artists DMX, generic and branded drug companies). lead trial counsel and team leader for patent lawsuits in the Outkast, Master P, Missy Elliot, and Ludacris, to name a few. e native New Yorker was a chemical engineering major in college, but United States International Trade Commission and federal Today, Miller’s practice focuses on film, TV, music, new media, unable to imagine donning a hard hat for daily trips to chemical plants she courts nationwide, including appeals to the Federal Circuit. and licensing. Its core is transactional deal making around opted to pursue a career in law instead. For Holland, combining her back- He represents clients in high-tech commercial litigation development, production, distribution, and marketing. ground in science with litigation seemed an obvious fit: “It’s been a tremen- (mostly electronics and software), as well as in trade secret Miller never planned to be a lawyer. A classically trained dous advantage in patent infringement litigation. e technical issues in disputes and copyright/trademark suits. He also advises singer, he travelled the world performing. en one day, patent cases can be very complex. It’s important to not only understand the clients in IP licensing and IP diligence for corporate deals. standing on the shore of Chowpatty Beach in India before technology but also to be able to explain it in terms that are understandable.” He also represents clients in the recently enacted Inter Partes an evening performance, Miller had an epiphany: He real- 40 Review proceedings in the U.S. Patent Office. ized he could possibly build on his success as an interna- Over time, his rainmaking techniques have evolved. tional performing artist and achieve even more success in PARTNER, “When I was a young lawyer, partners said doing good the arts from the business side. With that in mind, he went WEIL, GOTSHAL & MANGES LLP work is a great way to get more work. Trite, but true. to Georgetown University Law Center. Dallas, TX Speaking and writing helps, too,” says Kang, who wrote the “I spent the last four years at Fox proving the concept YEARS PRACTICING: 22 top-ranked legal treatise "Intellectual Property Litigation in that an entertainment-based, strictly transactional practice the United States International Trade Commission.” can exist within a national firm. e next phase will include PRACTICE AREA: Commercial Litigation, He adds, “I’m not short-sighted or mercenary about growing our business model and expanding our practice Investigations, Class Actions, and Employment getting litigation. Relationships make a fulfilling career. I’ve scope within the department to include areas like video learned that an understanding of clients’ needs goes far.” gaming and digital technology.” YVETTE OSTOLAZA YVETTE OSTOLAZA BEGAN HER CAREER AS A SUMMER ASSO- CIATE IN Weil’s Dallas office and never left. Today she is co-head of the SHAREHOLDER, A former trial attorney for the Internal Revenue Service, firm’s complex commercial litigation practice and a member of its national BINGHAM MCCUTCHEON Manhattan District, Madan defends businesses in disputes management committee. Ostolaza represents boards, companies, and special Washington, D.C. with the tax agency. Madan, who was born in India but grew committees on internal investigations, and because she is fluent in Spanish, YEARS PRACTICING: 20 up on New York’s Long Island, describes rainmaking as a team advises many Latin American companies on litigation and arbitration effort: “A lot of our clients say they could get good people at matters. PRACTICE AREA: Tax Litigation the senior level but as a team we’re stronger than others. e In describing her style of business development, Ostolaza says “I won’t RAJ MADAN notion of rainmaker sounds singular in focus. In my practice sugarcoat things with clients. My advice is based on a foundation of trust. that’s untrue. e fourth-year associate is significant in making I take seriously the view of being counselor as well as chief litigator. I view “THERE’S A DEFINITE COR- sure we keep the business and get new business.” relationships as lifelong and treat them accordingly.” RELATION BETWEEN NEUROSIS AND RAINMAK- Successful rainmaking, says Madan, is the result of great e daughter of Cuban immigrants, Yvette Ostolaza grew up in Miami, ING,” says Raj Madan, a partner in Bingham’s D.C. office. work and word-of-mouth buzz, writing and speaking about the Fla., unsure if she would go to college much less law school. But through “From what I’ve observed, rainmakers don’t rest on their kind of work you do and tailored to those who are most likely perseverance and scholarships she obtained an education. After graduating laurels. After some really great years, I’m already obsess- to hire you. He adds, “But without a little luck, the right men- from the University of Miami, she went to work in the airline industry and ing that our pipeline is growing thin and that we should tor, things breaking your way, and being at the right firm, you did well in marketing and sales. ere, she first dealt with lawyers and began branch out to another industry. Business development is may never land in the position to rain make. It’s not something to think a legal career might be for her. “At law school, I found my calling. always on our minds.” you can totally control—a lot of it is serendipitous.” Problem solving and thinking far ahead came very naturally to me.”

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 40 10/18/13 2:27 PM 10182013144935 Approved with warnings PARTNER, KENYON & KENYON PARTNER, New York, NY KATTEN MUCHEN YEARS PRACTICING: 25 ROSENMAN LLP PRACTICE AREA: Pharmaceutical Litigation Washington, ELIZABETH J. HOLLAND D.C. YEARS “AS A TRIAL LAWYER, ONE OF THE BEST PRACTICING: 14 PLACES TO GENERATE NEW BUSINESS IS IN THE COURTROOM,” says Elizabeth Holland, a pharmaceutical patent PRACTICE AREA: Trademark and litigator at Kenyon & Kenyon’s New York office. “In the courtroom, both Internet Law current and potential clients get to see the quality of your work. Of course, BRIAN WINTERFELDT a big part of business development is maintaining relationships with existing clients. Clients need to want to work with you on a personal as well as a IN RAINMAKER BRIAN professional level.” WINTERFELDT'S LIFE, excellent cli- Prior to joining Kenyon & Kenyon in 1997, Holland was at a large New ent service is a top priority. “You’ll never York general practice firm where she did some patent work. At Kenyon she find anyone who will care about your cli- has litigated patents in numerous technical areas and industries, including ents the way you do,” he says. “In a global pharmaceutical, chemical, medical device, and consumer products, and landscape, it’s important to be available has extensive experience with Hatch-Waxman litigation (lawsuits between to your clients as much as possible, and to generic and branded drug companies). take the time to invest in building long- e native New Yorker was a chemical engineering major in college, but term relationships.” unable to imagine donning a hard hat for daily trips to chemical plants she As a trademark partner and head of opted to pursue a career in law instead. For Holland, combining her back- Katten’s Internet practice, Winterfeldt helps ground in science with litigation seemed an obvious fit: “It’s been a tremen- clients create their global trademark and dous advantage in patent infringement litigation. e technical issues in branding strategies, enforce their intellectual patent cases can be very complex. It’s important to not only understand the property rights, and protect against infringe- technology but also to be able to explain it in terms that are understandable.” ment of their trademarks and other IP assets in the United States and internationally. 41 Being overly aggressive can be coun- PARTNER, terproductive in the business develop- WEIL, GOTSHAL & MANGES LLP ment space, says Winterfeldt, but he Dallas, TX stresses “it’s very important to get out YEARS PRACTICING: 22 there.” Winterfeldt speaks at conferences (trademark, IP, and diversity) and before PRACTICE AREA: Commercial Litigation, industry groups. He also hosts webinars Investigations, Class Actions, and Employment where he and one or more featured in- house counsel speak to members of the YVETTE OSTOLAZA trademark community about cutting-edge YVETTE OSTOLAZA BEGAN HER CAREER AS A SUMMER ASSO- issues, such as social media and the expan- CIATE IN Weil’s Dallas office and never left. Today she is co-head of the sion of the Internet domain name space. A former trial attorney for the Internal Revenue Service, firm’s complex commercial litigation practice and a member of its national He also frequently writes for prominent Manhattan District, Madan defends businesses in disputes management committee. Ostolaza represents boards, companies, and special legal publications, such as the World with the tax agency. Madan, who was born in India but grew committees on internal investigations, and because she is fluent in Spanish, Trademark Review, and holds volunteer up on New York’s Long Island, describes rainmaking as a team advises many Latin American companies on litigation and arbitration leadership positions with the International effort: “A lot of our clients say they could get good people at matters. Trademark Association (INTA) and the the senior level but as a team we’re stronger than others. e In describing her style of business development, Ostolaza says “I won’t Internet Corporation for Assigned Names notion of rainmaker sounds singular in focus. In my practice sugarcoat things with clients. My advice is based on a foundation of trust. and Numbers (ICANN). that’s untrue. e fourth-year associate is significant in making I take seriously the view of being counselor as well as chief litigator. I view Winterfeldt credits his measurable success sure we keep the business and get new business.” relationships as lifelong and treat them accordingly.” to early mentor Mary Denison, currently Successful rainmaking, says Madan, is the result of great e daughter of Cuban immigrants, Yvette Ostolaza grew up in Miami, deputy commissioner for trademark work and word-of-mouth buzz, writing and speaking about the Fla., unsure if she would go to college much less law school. But through operations at the United States Patent and kind of work you do and tailored to those who are most likely perseverance and scholarships she obtained an education. After graduating Trademark Office. “She’d seen senior-level to hire you. He adds, “But without a little luck, the right men- from the University of Miami, she went to work in the airline industry and attorneys without their own clients end up in tor, things breaking your way, and being at the right firm, you did well in marketing and sales. ere, she first dealt with lawyers and began difficult situations, and warned me against may never land in the position to rain make. It’s not something to think a legal career might be for her. “At law school, I found my calling. being vulnerable in that way. Without her, I you can totally control—a lot of it is serendipitous.” Problem solving and thinking far ahead came very naturally to me.” wouldn’t be where I am today.”

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 41 10/18/13 2:27 PM 10182013145006 Approved with warnings ASSOCIATION FOCUS BY BRIAN DABBS

JUSTICE AT STAKE

AFTER SERVING AS UNITED STATES “It’s a fi rst step toward hopefully a more systematic inclu- ATTORNEY FOR THE DISTRICT OF sion [in the judiciary of ] diverse communities, including ARIZONA FOR NEARLY THREE YEARS until Nat ive Americans,” said Brandenburg. “Zero to one is a mid-2009, Diane Humetewa is poised to take a seat on the huge moment.” Arizona federal bench following her Sept. 19 nomination Since 2000, Justice at Stake has participated in litigation, by President Barack Obama. But Humetewa’s candidacy fi ling briefs and working to reduce special interest pressure is not a standard refl ection of the federal judicial fi eld. Her on the judiciary, protect courts and judges from partisan judgeship would mark the fi rst time in the nation’s history attacks, educate the American public about the judiciary, a Native American female has reached the federal judiciary. and improve court funding. Among its victories is Caperton Humetewa would also be the sole Native American female v. Massey (2009), in which the U.S. Supreme Court ruled federal judge to actively serve full time. Only two other it unconstitutional for a West Virginia state justice to hear Native Americans have reached that level. Both served in a case that involved one of his primary campaign backers. Oklahoma. One is deceased and the other on senior status. e group partners with over 50 organizations and receives As a non-partisan group pushing for equal justice in U.S. funding from donors such as e Bill & Melinda Gates 42 courts, Justice at Stake is hailing Humetewa’s nomination as Foundation and the Carnegie Corporation. a step in the right direction for more impartiality, objectivity, According to Justice at Stake, the 2010 Citizens United and fairness in the U.S. judiciary. e group does not endorse Supreme Court decision has allowed special interests to particular candidates, but it does endorse the increased diver- erode the integrity of the U.S. justice system through sity in the American judiciary that Humetewa’s bid symbol- political intimidation and election funding. While trying to izes. Justice at Stake has embraced the promotion of judicial combat those threats, Justice at Stake is also actively work- diversity and the need to combat increased money in judicial ing for a more diverse state and federal judiciary through elections as two platform pillars. state pipeline programs and educational outreach programs. “It’s long overdue. e federal bench has never had a Native “Diverse benches increase public confi dence in the fair- American female judge. And it’s long past time to address that,” ness and impartiality of the courts,” says Praveen Fernandes, says Justice at Stake Executive Director Bert Brandenburg. Justice at Stake’s director of federal aff airs and diversity And Humetewa boasts a wealth of experience and initiatives. “ ere is evidence to suggest that diversity on the praise. e American Bar Association Standing Committee bench strengthens judicial decision-making, as it helps avoid on the Federal Judiciary rated Humetewa “qualifi ed” to group-think and helps to ensure that thorny legal issues are serve at the federal level. She has garnered the support of approached with rigor and thoroughness from all angles.” the state’s political leadership represented in Washington, e crux of the Justice at Stake’s work to engage and D.C., including the endorsement of Republican Sen. John empower diverse communities are three state pipeline pilot McCain. at nomination is currently pending before the programs that off er law students and lawyers opportunities Senate Judiciary Committee. e Senate would prospec- to develop political and leadership skills, build a network tively deliver her confi rmation in roughly seven months, of professional mentors, and navigate the judicial selection according to precedent. process. From 2011 to 2012, the Washington pilot included a series of fi ve-hour, in-depth “How to Become a Judge” training programs held “DIVERSE BENCHES INCREASE throughout the state and open to all. LGBT PUBLIC CONFIDENCE IN THE community members, racial minorities, and women were among those who sought FAIRNESS AND IMPARTIALITY OF training to prepare for judicial appoint- THE COURTS.” —PRAVEEN FERNANDES ments and electoral campaigns.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 42 10/18/13 2:27 PM 10182013145006 Approved with warnings e Maryland program, According to the which began in late 2012, Brennan Center, Arizona’s includes a statewide judicial population is 40 percent selection symposium series non-white but the state and “Path to the Bench” has no minority Supreme career panels for law stu- Court justices. e Arizona dents. Smaller outreach ses- Court of Appeals seats only sions helped inform Justice 18 percent minorities and at Stake’s Path to the State the Superior Court seats Bench Guidebook, which only 16 percent minori- is intended to be released ties. at complexion, and in late 2013. In Arizona, similar judicial complexions, Justice at Stake is partnering favors homogenous think- with the Arizona Advocacy ing, says Justice at Stake’s Network, Lambda Legal, Praveen Fernandez, Elizabeth Fujii, and Bert Brandenburg are Brandenburg. erefore, Los Abogados Hispanic Bar working to diversify the bench. Humetewa’s bid brings at Association, and other least a semblance of impar- groups for a pilot program that will include similar pipeline tiality and some improvement to the U.S. court system. 43 work such as a “Path to the Bench” video series. “A lack of diversity on the bench is a threat to equal justice Diverse representation in the judiciary is equally impor- and protection of our rights and can even be a barrier to tant at both the federal and state level, says Elizabeth Fujii, access justice,” says Brandenburg. “We view this as critical to Justice at Stake’s deputy director for federal aff airs and our mission.” But even with greater diversity, Justice at Stake diversity initiatives, “ e vast majority of litigants appear fears money has infi ltrated judicial elections to a catastrophic in state court, so diversity on the state bench impacts the point. As the group’s national spokesperson, former Supreme experiences and perceptions of justice at a very direct level Court Justice Sandra Day O’Connor is sounding warning for more people. When a typical person faces legal matters calls over the increased growth of money in the judiciary. of life, death, family, livelihood, etc., they are usually in e Citizens United Supreme Court decision eff ectively said state court,” Fujii says. “ e pilot projects are very much the First Amendment prohibits the government from restrict- about leadership and community. Outreach and training ing political independent expenditures by corporations, asso- are the primary components of the work.” ciations, or labor unions. at decision, according to Mirken Although the Supreme Court has grown more diverse and other critics, allows private interests’ money to infl uence during the Obama administration, diversity lags throughout elections and in turn the judges. According to Justice at Stake the rest of the judiciary. State appellate benches are occupied at research, 85 percent of all state judges have to seek election at a rate of nearly 2-to-1 by white males, according to data from some point in their careers. Fundraising makes judges subservi- the Brennan Center for Justice at New York University School ent to donors, says Carl Tobias, a University of Richmond law of Law, while diverse communities are underrepresented across professor who specializes in federal judicial selection. the board. Justice at Stake is not alone in its quest. Other “Money and Citizens United just exacerbate the problem. organizations, such as e Greenlining Institute, are pushing If you think money in politics is bad for electing politicians for greater representation in all spheres of governance. in Congress, it’s worse among judges,” says Tobias. “With “As an organization representing communities of color, judges, their responsibility is to render justice. When justice those communities that are not the most wealthy or power- is polluted by money that’s a problem. Do you really want ful, we know those communities are the fi rst to get the shaft,” judges with their hats in hand asking for money?” D&B says Bruce Mirken, e Greenlining Institute media relations director. “Judicial independence is the target and diversity in the judiciary is of critical value, particularly important for Brian Dabbs is a freelance writer and editor based in underserved communities.” Washington, D.C.

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 43 10/18/13 2:27 PM 10182013145007 Approved with warnings DIVERSITY NEWS BY JOANNA HORSNAIL

QUESTIONS WOMEN SHOULD ASK DURING A LARGE LAW FIRM CAREER

THE ROAD TO BECOMING A LAWYER IS tions about the substance of the deal or decisions the partner STRAIGHTFORWARD AND THE GOALS ARE made. is will help you become a better lawyer, and show CLEAR: get into law school; graduate from law school; pass that you care about how you are doing and how you are being the bar; get a job. And there are rules of the road. Admissions perceived in the workplace. Also, by linking your discussion offi cers can off er information about admission criteria. In law to the client demands and desires, you are showing that you school, professors tell students what they expect. To pass the understand the importance of client services. Another benefi t bar, law school graduates can take bar preparation classes. of these discussions: ey may naturally lead to mentoring And while ge tting a job isn’t always easy, there are career relationships with your supervisors. Potential mentors are services offi ces and plenty of other resources to understand likely to be most interested in helping young attorneys who are the opportunities and the interviewing process. engaged and thoughtful about their work and career. Once you get the job at a large law fi rm, the path to success is less apparent. Doing great work isn’t the only measure of THIRD AND FOURTH YEAR ASSOCIATES: Can I work with 44 success, but the other measures aren’t always clearly identifi ed. that client or be staffed on that matter? Women tend to be more hesitant than men to inquire about the unspoken rules for career success. And they are not in the At this point in your career, you should have a feel for what “old boys network” where this information may be informally you like to do, and what your professional niche and specialty shared. So it’s all about asking the right questions. may be for the future. Critically analyze the opportunities that Understanding what is required and rewarded at each may be available to you if you work with certain clients or on stage of a law fi rm career can be critical to success and certain types of matters, identify potential growth areas, and fulfi llment. ese things are not always intuitive—outside discuss your thoughts with one or more mentors or trusted guidance and information are critical to understanding what advisers. en, when you hear of opportunities that match is expected and valued. In the fi rst half of your career, it is your skill set or professional development needs, ask to be on important to ask questions to secure your success. In the the team. Alternatively, if you know which partners may get second half of your career, it is important to ask questions to those projects, tell him or her in advance that you would love ensure you create the legacy you desire. In “lean in” style, the to work on such a client or matter and have an opportunity following are questions women (and men) should consider to learn from the partner (everyone likes fl attery). One of my asking at each stage of their law fi rm careers: partners says that an associate in our fi rm regularly searched our confl icts bulletins identifying potential new matters and FIRST AND SECOND YEAR ASSOCIATES: How do you feel asked to be staff ed on the critical projects for a large client with I performed on the matter that just concluded? How can challenging deals. Now, she is a partner and great at coaching I improve and better serve our clients? younger associates to get what they want out of their careers. Remember this is a question that you will need to keep asking You need feedback to improve your performance and excel. for many years to come, even as a junior partner. Supervising attorneys are usually smart and driven, but they are not always eff ective personnel managers. Ideally, you will FIFTH AND SIXTH YEAR ASSOCIATES: Am I on track for receive detailed and constructive feedback about your work promotion to partnership? Can we discuss the process? product, but if that doesn’t happen ask for it. Ask after something important or challenging has come to a close. Come If you are getting regular feedback, you already know at least prepared with your own views about what went smoothly and some of the answers to these questions. However, it never hurts what can be improved the next time, and some specifi c ques- to make sure you have all the facts and express what you want.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 44 10/18/13 2:27 PM 10182013144748 You are your own best advocate. Have regular conversations with mentors, sponsors, and your supervising attorneys and practice group leaders at all levels. By asking these questions, you can begin to learn if you have a good chance of making it (to partner, or counsel, or whatever promotion you desire), and what you need to do to get there. Ask how the ﬁ rm measures partnership candidates, request assistance with your business plan, seek additional experience, and make needed contacts. Invest time getting to know people you haven’t worked with regularly or who are outside of your practice group but inﬂ u- ence the partnership decision. Most importantly, if you want to be made a partner, say that. Simple as it sounds, many women don’t make their goals clear to their colleagues and supervisors. Ask key people if they will support you, and then do what they ask of you in order to get yourself there.

NEW PARTNERS: Can I meet that client or help with that pitch? Can I get billing credit for that matter? something new outside of their comfort zone. And give that e key to success as a partner is business generation, and feedback! Another way to promote diversity in your fi rm is to it is important that you bring work into the fi rm and get be a role model. Seek leadership positions within and outside of credit for your eff orts. When you believe you can off er a the fi rm and advocate for diversity. Simply by serving in those valuable service to an existing or potential new client, ask roles, you will inspire other women. the relevant partners if you can deliver the pitch. Expanding the existing pie is still business generation, of course. And SENIOR PARTNERS: How can I mentor junior women? once you expand the pie, be sure that you get the appropri- How can I transition my business in a way that gives 45 ate credit. Firms diff er in how they award and calculate women an opportunity? billing credit, and some don’t even have tangible billing credit. But most fi rms reward and compensate partners As you start to slow down on your billable work, try and based on some measure of profi tability. When you become ramp up on “fi rm welfare” activities that give you a chance a partner, sit down with a few trusted partners and ask for to meet and talk with female attorneys who are junior to the scoop on what matters and how credit is given for busi- you. What more can you be doing to support the women ness origination, generation, servicing, etc. ere may be at your fi rm? Of course, staffi ng women on your matters a number of times you can get credit—at the outset of the is important, but you also have the most experience and matter, after the matter is closed, at the end of your billing perspective of anyone in the fi rm. Junior women don’t have year. Asking for credit can be a delicate discussion if you the benefi t of that experience or perspective. Ask them what are not in control of the matter. But if you don’t ask, other, they feel they are missing in their careers, help them fi nd more vocal attorneys may get the credit you deserve. resources, make introductions to clients and colleagues, assist with business plans, and help them understand the ESTABLISHED PARTNERS: How can I promote diversity culture of the fi rm. Integrate them into your networks and within the fi rm? client relationships. And then when they have earned the opportunity, transition business to them. You will leave a Now that you have an established work fl ow and client base, legacy to future generations of female lawyers. you have a lot of control over who gets the opportunities for Knowledge and information are the building blocks for advancement in your fi rm. Are you considering diversity every developing a rewarding strategy and career path. Asking the time you staff your projects and cases? Are you giving everyone questions alone won’t guarantee success, but the answers a fair chance to work on your deals? Junior attorneys can’t gain will provide you with the knowledge necessary to make experience without being given an opportunity, and you are informed decisions about your career and how you can in the best position to infl uence their future at your fi rm. It assist others with their careers. D&B can be frightening for a new partner to suddenly fi nd they are not being fed work anymore—let these women take over your deals so you can focus on bigger-picture business development. Joanna Horsnail is a partner in Mayer Brown’s Government Give female associates “stretch assignments” to allow them to & Global Trade group in the fi rm’s Chicago offi ce. She serves as shine. Explain that you are giving them the opportunity to try chair of the fi rm’s global Women’s Leadership Committee.

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 45 10/18/13 2:28 PM 10182013144749 IN CLOSING...

Elaine Johnson James is a partner in Berger Singerman’s Boca Raton, Florida ofﬁ ce. She spoke to Diversity & the Bar about her career.

oppose or support validation. Two of the state attor- 46 neys opposed the validation at trial, at the conclusion of which the court said it would rule within a week or two. Time was of the essence so I presented a proposed fi nal judgment. e court reviewed it, and then identifi ed the sections that he thought the district had failed to prove. After I explained what evidence sup- ported each of the provisions about which the court was concerned, to the surprise of everyone in the You represented a governmental entity in an action courtroom, he said “Oh, I think I can sign this now.” to validate $1.8 billion in bonds for restoring the As the judge signed the fi nal judgment, the executive Everglades. That is an amazing amount of money. director of the district emailed the U.S. president Can you walk me through the process; how you got and the governor of Florida to say that the Everglades involved, what was at stake, why you took the case? would be restored.

Two of my law partners structured a $1.8 billion bond program Your team of attorneys drafted a motion to fi nance the Everglades’ restoration for the South Florida Water for rehearing, in only four days, that Management District. Having worked for the district on a signifi - eventually reinstated 50 years of legal cant evident domain matter, I asked the general counsel to retain me precedent in public fi nance law which to represent the district in validation proceedings. the court had overturned. The Florida QMy public fi nance partners and I collaborated to ensure that Supreme Court decision invalidated the every word and punctuation mark in the resolutions to establish tax fi nancing that was used to redevelop the bond program were consistent with the criteria for validating blighted areas. You argued the case. How the bonds. Immediately after serving the validation complaint on were you so persuasive? my opponents, i.e., the state attorneys in every county under the district’s jurisdiction, I sent each state attorney a binder of informa- Our eff ort to persuade the Florida Supreme Court tion relative to the validation proceedings and an off er to provide in Strand began long before the oral argument. any other information he or she might need to determine whether to Local counsel and fi ve lawyers from my fi rm col-

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 46 10/18/13 2:28 PM 10182013145008 Approved with warnings Elaine Johnson James “ AS THE JUDGE SIGNED THE FINAL JUDGMENT, is a partner in Berger THE EXECUTIVE DIRECTOR OF THE DISTRICT Singerman’s Boca Raton, EMAILED THE U.S. PRESIDENT AND FLORIDA Florida offi ce. She spoke GOVERNOR TO SAY THE EVERGLADES WOULD BE RESTORED.”—ELAINE JOHNSON JAMES to Diversity & the Bar about her career. laborated on the motion for rehearing. Typically, a pages that were inconsistent. at was a “gotcha” moment as party fi les a motion then awaits an order granting it I felt assured that the justice closely followed my argument. before fi ling a brief and record excerpts in support Subsequently, the court reversed the opinion that had invalidated of the motion. In Strand, the Supreme Court’s ini- the case precedent concerning tax increment fi nancing and com- tial opinion overturned 50 years of public fi nance pletely quieted the fi nancial markets. 47 law on which municipalities and counties relied to develop blighted urban areas. e opinion roiled You are an arbitrator who happens to be a female the fi nancial markets in Florida, causing Standard African American, something that is rare in the & Poor’s and Moody to put billions of dollars of world of arbitrators. How long have you been active? municipal bonds “on watch with a negative out- How did you get involved? look.” In order to advise the court of the impact of its opinion, I departed from tradition by fi ling the e American and National Bar Associations began initiatives to motion, brief, and record excerpts simultaneously increase the number of women and minority arbitrators about ten and including in the excerpts publications from years ago. In 2009, I decided to become certifi ed as an arbitrator Standard & Poor’s and Moody (which admittedly to expand my practice. A diversity of experiences and perspec- were not in the record). Obviously, by including tives among presiding offi cials is useful in arbitration, as in other in the appendix information that was not in the forums. e eff orts of the National and American Bar Associations record, I was inviting a motion to strike. I reasoned, to provide that diversity are beginning to bear fruit. however, that the court could not strike the appendix without reading it. Our strategy worked; before You worked with MCCA’s fi rst-ever Lifetime our opponent’s brief in opposition was served, the Achievement Award recipient—Vernon Jordan—at court issued a provisional opinion making clear the National Urban League. What was that like? that its opinion in Strand applied only prospectively and had no impact on bonds that already had been At the National Urban League, I was blessed to work closely not issued. at provisional ruling temporarily calmed only with Vernon Jordan but also with two other extraordinarily the fi nancial markets. gifted African American lawyers, the late Hon. Ronald Brown, I read the court’s opinion about 20 times and former Secretary of Commerce, and Maudine Cooper, who, like eventually found an internal inconsistency in the Ron, was a vice president of the NUL. e experience of working court’s reasoning. As I began to argue, the chief with these gifted lawyers cemented my desire to attend law school. justice noted that the court never previously had I vividly remember three things about Vernon. First, he was granted oral argument on a motion for rehear- strategic in every encounter. Second, he was as comfortable in a ing. en, one justice paused to write down the corporate boardroom as in a greasy spoon diner in Harlem. ird,

MCCA.COM NOVEMBER/DECEMBER 2013 DIVERSITY & THE BAR®

1555_MCCA SeptOct.indb 47 10/18/13 2:28 PM 10182013144750 “MY MOST MEMORABLE TRIAL IS A LOSS. ... MY Save FEMALE LAW PARTNER AND I GOT HOMETOWNED. AT THE END OF THE TRIAL, THE JUDGE WINKED the AT OUR OLDER, MALE COUNTERPART WHILE OPENING HIS FINAL JUDGMENT, AND RULED Date WITHOUT READING OURS.”—ELAINE JOHNSON JAMES

he treated his chauff eur, Vinny, with the same respect as adoption, a sheriff in Florida seized the missionary’s son from the chairman of a Fortune 100 company. I learned the her home. Early the next day, she came to my law offi ce, sat third lesson from my parents, and I strive to emulate the in the foyer until I returned from court and then told me strategic thinking and ease of movement between environ- “God said you should represent me”—pro bono of course. MCCA’s CLE Expo delivers cutting edge legal education programs by diverse ments that Vernon demonstrates. I believed her, so working with an attorney in the United Kingdom, I appealed the order reversing the adoption on speakers that help you meet the challenges of your practice. e conference provides You have an M.A. in educational psychology. due process grounds. e night before the trial at which the opportunities to sharpen your legal skills, connect with diverse lawyers, and ne That’s unusual for a lawyer. Why did you court would have decided whether to send the child back to tune your abilities to keep pace in an increasingly demanding workplace. decide to study that? Belize—where he surely would have died from lack of medical attention—the UK appellate court overturned the order Between college and law school I taught socially maladjusted reversing the adoption. e next morning, opposing counsel and learning disabled children in the South Bronx. I returned withdrew his petition because, under the Hague Convention, to Columbia to obtain a master’s degree in educational he no longer had grounds for opposing the adoption. at 48 March 12-14, 2014 psychology to improve my teaching skills so I could better child now is a healthy, happy and well-adjusted young man. serve my very needy students. Among other things, I learned how to analyze standardized test results and prepare students What is your most unusual case? to take such tests. at skill set benefi ted me mightily years later when I took the law school admission test and also Procedurally, my most unusual case involved a federal stat- The Westin Bonaventure was very helpful as I prepared my children, the children of ute, the Interstate Land Sales Full Disclosure Act (“ILSA”), friends, and young people in my church to take the SATs. under which many disgruntled condominium buyers tried Los Angeles, California is is an excellent example of the personal harvest that to void their purchase contracts when the real estate bubble results from trying to do something good for others. burst in 2006–07. Representing two nationwide develop- ers, I had handled about 50 ILSA cases, winning appeals in What is your most memorable trial? state and federal court. e appellate court in the district To learn more contact: where my ten remaining cases were pending issued an Aracely Muñoz Petrich My most memorable trial is a loss. About 16 years ago I tried opinion that was just fl at-out wrong and inconsistent with a case in south Florida before a senior judge who was very those of the federal appellate court and its sister appellate Vice President of Strategic Development, MCCA chummy with many of the male attorneys. My female law court. If not withdrawn, that opinion would have cost my 202-739-5841 partner and I got hometowned. At the end of the trial, the client millions of dollars. judge winked at our older, male opponent while opening his I contacted the losing appellate counsel only to learn he aracelymuñ[email protected] fi nal judgment, and ruled without ever reading ours. had withdrawn from the appeal, and his client was bank- rupt and out of business. So I convinced one of my clients What about the most meaningful? to fi le a motion for rehearing as an amicus curiae. (I had to represent the client pro bono because the chief litiga- My most meaningful trial never occurred. Twenty years ago, tion counsel did not have time to obtain approval for the a Jewish woman who had become a Christian missionary new matter). e court granted rehearing, withdrew its adopted a Belizean toddler with a very serious heart condi- original opinion, and copied large sections of our motion tion. Years later, a Belizean government offi cial convinced for rehearing in the revised opinion. My clients were saved the child’s biological parents to fi le an ex parte petition to tens of millions of dollars, and our perfect winning record overturn the adoption. Armed with the order reversing the in ILSA cases was preserved. D&B

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 48 10/18/13 2:28 PM CLE _D&B_NOV.indd 1 10/2/13 3:48 PM 10182013145008 Approved with warnings “MY MOST MEMORABLE TRIAL IS A LOSS. ... MY Save FEMALE LAW PARTNER AND I GOT HOMETOWNED. AT THE END OF THE TRIAL, THE JUDGE WINKED the AT OUR OLDER, MALE COUNTERPART WHILE OPENING HIS FINAL JUDGMENT, AND RULED Date WITHOUT READING OURS.”—ELAINE JOHNSON JAMES

MCCA’s CLE Expo delivers cutting edge legal education programs by diverse speakers that help you meet the challenges of your practice. e conference provides opportunities to sharpen your legal skills, connect with diverse lawyers, and ne tune your abilities to keep pace in an increasingly demanding workplace. March 12-14, 2014 The Westin Bonaventure Los Angeles, California

To learn more contact: Aracely Muñoz Petrich Vice President of Strategic Development, MCCA 202-739-5841 aracelymuñ[email protected]

1555_MCCACLE _D&B_NOV.indd SeptOct.indb 1 49 10/18/1310/2/13 3:482:28 PM 10182013144750 MOVERS & SHAKERS COMPILED BY JOSHUA H. SHIELDS

JEREMIAH DEBERRY KIMBERLY LEACH SUSAN SPAETH SUSAN SHULTZ Director of Diversity JOHNSON Managing Partner Board Practice & Inclusion Kilpatrick Townsend BarkerGilmore Mayer Brown Chairperson Quarles & Brady

Jeremiah DeBerry has Kimberly Leach Johnson has Susan Spaeth is now Susan Shultz will head up been named the director been selected as Quarles the managing partner BarkerGilmore’s enhanced of diversity and inclusion & Brady’s next chairperson. of Kilpatrick Townsend. board practice. She will in the United States and Her term began on October Located in Silicon Valley, she build legal and compli- 50 is based in the rm’s New 1, 2013. Johnson will focus focuses her legal practice ance teams throughout York of ce. He will plan and on creating value for the on intellectual property and corporate America. Shultz implement diversity initia- rm’s clients. She was most complex/technical litigation, founded SSA Executive tives that will help recruit, recently chair of the rm’s particularly patent litigation, Search International, Ltd. develop, and promote nance committee and licensing, and counseling. In the early 1980s. She individuals at all levels of managing partner of the Spaeth has represented has conducted senior level the Mayor Brown organiza- rm’s Naples and Tampa, biotechnology, medical searches, nationally and tion. Previously, DeBerry Florida of ces. She contin- device, and high-technology internationally, including was the director of diversity ues to serve as a member companies in various federal assignments in China, at Cadwalader, Wickersham of the rm’s elected execu- district courts, the United Europe, and Mexico, and & Taft and spent 14 years tive committee. She is the States International Trade is recognized as a lead- practicing law in private rst woman to serve as Commission, and European ing expert in corporate practice, most recently as Quarles & Brady’s rm chair. patent litigation. Prior to the governance. In 2002, she an equity partner at Thelen Johnson has extensive expe- merger between Kilpatrick founded The Board Institute, LLP, where he chaired the rience representing families Stockton and Townsend and Inc. to improve boards of diversity committee. He also in the planning of their Townsend and Crew LLP, directors through a suite of served as president of the estates and the handling of she served as rm manag- web-based, independent, National Attorney of Color affairs after individuals pass ing partner of Townsend and educational tools to Network from 2005-2007. away. She earned her law and Townsend and Crew help directors evaluate, He holds a B.A. degree from degree from the University between 2001 and 2007. educated, and improve their Tufts University and a J.D. of Florida Levin College of Spaeth graduated from the boards, committees, and degree from the University Law, her LL.M. degree from University of Pennsylvania individual directors. Shultz of Virginia School of Law. the University of Miami Law School and earned is a graduate of George and her B.S. degree from a B.S. in chemistry from Washington University. Anderson College. Valparaiso University.

Please send your submissions to our Movers & Shakers feature to [email protected] Please include a high-resolution photo (300 dpi or greater), along with an electronic version of the applicable announcement.

DIVERSITY & THE BAR® NOVEMBER/DECEMBER 2013 MCCA.COM

1555_MCCA SeptOct.indb 50 10/18/13 2:28 PM 10182013144752 SUSAN SHULTZ Board Practice BarkerGilmore

Susan Shultz will head up DIVERSITY BarkerGilmore’s enhanced board practice. She will build legal and compli- a key ingredient >> ance teams throughout corporate America. Shultz founded SSA Executive Search International, Ltd. In the early 1980s. She has conducted senior level searches, nationally and internationally, including assignments in China, Europe, and Mexico, and is recognized as a leading expert in corporate governance. In 2002, she founded The Board Institute, Inc. to improve boards of At Perkins Coie, diversity is an essential ingredient that helps us create the best directors through a suite of solutions for our clients. We value and encourage diverse viewpoints and draw upon web-based, independent, and educational tools to them to resolve our clients’ most complex business and legal challenges. Diversity help directors evaluate, adds perspective and creativity to what we do. It’s a key ingredient to success. educated, and improve their boards, committees, and individual directors. Shultz is a graduate of George ANCHORAGE · BEIJING · BELLEVUE · BOISE · CHICAGO · DALL AS · DENVER · LOS ANGELES · MADISON · NEW YORK Washington University. P A L O A L T O · P H O E N I X · P O R T L A N D · S A N D I E G O · S A N F R A N C I S C O · S E A T T L E · S H A N G H A I · T A I P E I · W A S H I N G T O N , D . C .

Contact: 800.586.8441 Perkins Coie LLP ATTORNEY ADVERTISING PerkinsCoie.com/Diversity

1555_MCCA SeptOct.indb 51 10/18/13 2:28 PM 10182013144752 November/December 2013

A LIFETIME OF ACHIEVEMENT URSULA BURNS

MCCA’S 2013 AWARD WINNERS PAGE 26 RAINMAKERS RAKE IT IN

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ASSOCIATION

COUNSEL

CORPORATE

MINORITY

U.S. POSTAGE PAID POSTAGE U.S. NONPROFIT ORG. NONPROFIT

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