D THE DEFENSE DOCKET In-House Counsel Spotlight on Diversity Initiatives GlaxoSmithKline Is Mixing Diversity and Inclusion to Produce a Global Remedy for Success

GSK Company Headquarters in London.

By Sandra Giannone Ezell involved in the legal department’s own diver- It is from these modest beginnings that and Jill D. Jacobson sity and inclusion mission. We are excited to GSK and its predecessors have contributed share their stories with you. some of the most important and necessary This is the eighth article in In-House Defense Although GSK was formed by a merger pharmaceuticals known to humanity. The Quarterly’s series spotlighting the diversity of Glaxo Wellcome and SmithKline Bee- company now produces medicines that initiatives of in-house legal departments. In cham in 2000, its roots extend back almost treat major disease areas such as asthma, this article, we shine the light on GlaxoS- three centuries. In 1715, Silvanus Bevan virus control, infections, mental health, mithKline, a 2010 recipient of the Minority founded the Plough Court Pharmacy, diabetes and digestive conditions. In addi- Corporate Counsel Association’s (MCCA) which grew into one of England’s largest tion, GSK is a leader in the important area Employer of Choice Award. We spoke with pharmaceutical companies. Glaxo, which of vaccines and has developed and manu- some of the individuals who are involved began as a purveyor of vitamin-­enriched factured over 25 different vaccines; in 2009 in the development and implementation of powdered milk that helped prevent rickets it shipped over 1.4 billion vaccine doses, GlaxoSmithKline’s (GSK) corporate-­wide di- in children, acquired Plough Court’s suc- and over 1 billion of those were to devel- versity and inclusion strategy, as well as some cessor in 1958. Smith Kline was a Philadel- oping countries. GSK has also committed phia company that got its start in medicine vast resources to tackling the World Health by selling medical supplies to field hospitals Organization’s three “priority” diseases: at Civil War battlefields. HIV/AIDS, tuberculosis, and malaria.

■■ Sandra Giannone Ezell is the managing partner of Bowman and Brooke LLP’s Richmond, Virginia, office and a trial lawyer who defends product manufacturers in courtrooms all over the country while speaking and pub- lishing and blogging at www.legaldivasblog.com on issues regarding women and diversity. Jill D. Jacobson, also a partner in Bowman and Brooke’s Richmond office, is a member of DRI’s Product Liability Committee where she is spearheading a network- ing initiative aimed at fostering inclusiveness at the Product Liability Seminar in April.

© 2011 DRI. All rights reserved. In-House Defense Quarterly n Spring 2011 n 3 D THE DEFENSE DOCKET Equality and Inclusion: an empowered, inclu- A Prescription sive workforce. At GSK, for Excellence leaders at all levels of the GSK is also one of the company are expected world’s leading research-­ to adopt the company’s based pharmaceutical diversity and inclusive- and health care compa- ness values and lead by nies, committed to im- example. In fact, a core proving the quality of set of six GSK behav- human life by enabling iors clearly defines the people to “do more, feel way GSK employees are better and live longer.” expected to deliver on One of the largest phar- business strategy. One maceutical companies in Above, from left: PD Villareal, Senior Vice President of Global Litigation; GSK of the six behaviors is the world, GSK is truly ­General Counsel Dan Troy; and Vice President and Associate General Counsel flexible thinking—rec- a “global” company, em- Rick Richardson. ognizing that there is ploying over 90,000 peo- rarely one right answer ple in 114 countries. GSK is headquartered recently identified as the “fundamental or view but rather many, and sometimes in the United Kingdom, but it has a signifi- message” of diversity: “Not rigid catego- conflicting, perspectives that need to be cant organization in the United States. ries, not quotas, not head-­counting, but understood in order to develop the best As a pharmaceutical company, GSK re- diversity of thought, innovation and cre- way forward. At GSK, proactively seeking lies on innovations in the development, ativity driven by diverse and multicultural diverse perspectives is essential to build- design and delivery of medications for its teams. Diversity as a competitive advan- ing a flexible-­thinking culture. Addition- success. Such innovations are people and tage. Diversity as a strategy to win!” PD ally, the top three tiers of GSK management knowledge driven, so it becomes imperative Villareal, Senior Vice President of Global have made commitments to mentor at least for GSK to create a workplace culture that Litigation, What We Talk About When We one employee, which provides support for empowers its employees. “Empowerment Talk About Diversity, Address at the Diver- high-­performing employees and helps to enables better and faster decision making, sity Luncheon at DRI’s 2010 Drug and Med- create future generations of leaders. The creates a more agile and respon- mentees are identified, in part, sive organization, and results The company encourages employee through a talent review pro- in simplified processes. It also cess, where an ability to bring helps motivate people, encour- conversations with supervisors about a diverse and unique perspec- ages innovation, and improves tive is acknowledged as a com- our ability to deal with chal- environments that will enable employees ponent of talent. lenges.” GSK.com, Responsi- Employees are obviously bility, Our People, available at to do their best work, and managers are the largest component of an http://www.gsk.com/responsibility/ empowered, inclusive work- our-people/index.htm (last accessed expected to support these conversations. force. There is much focus on on March 2, 2011). creating an inclusive environ- GSK recognizes that diversity and inclu- ical Device Seminar (May 21, 2010), in For ment, as well as promoting practices that sion are important components of individ- The Defense, August 2010, at 8–9. benefit from inclusive behaviors. Diversity, ual empowerment. The company’s global while certainly a focus, is simply a pipeline inclusion and diversity strategy “aims to Four Active Ingredients Combine to the greater good, inclusion. The global create a working environment where all to Create an Empowered, reach of the company, along with GSK’s employees feel valued and included for the Inclusive Workforce continuous efforts, have created a richly unique qualities they bring and empowered There are four key areas that contribute to diverse workforce; the challenge for GSK is to contribute to their full potential.” GSK. creating and maintaining an empowered, making sure that all the diverse perspec- com, Responsibility, Our People, Inclu- inclusive workforce: leadership, employees, tives are included at the table. sion and Diversity, available at http://www. business practices/relationships, and com- Inclusion at GSK is promoted in every- gsk.com/responsibility/our-people/inclusion-and- munity. GSK’s diversity and inclusion strat- thing from manuals to workspaces. For diversity.htm (last accessed on March 2, 2011). egy focuses on each of these areas. example, the GSK Employee Guide to Busi- The strategy is not just lip-­service to an GSK’s successes with its diversity and ness Conduct includes a policy addressing ideal—it is sponsored by senior executives. inclusion efforts are attributed in part to the “Equal and Inclusive Treatment of GSK Indeed, GSK embraces what PD Villareal, the company’s support for those efforts Employees,” which states “GSK recognizes Senior Vice President of Global Litigation by its leadership, the first component of the value of striving for a balanced work-

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GSK Legal Department accepting the Minority Corporate Counsel Association’s 2010 Mid-­Atlantic Region Employer of Choice award. force and is committed to the principles of tices.” These practices include learning diverse suppliers and provides improve- equal opportunity, equality of treatment, opportunities that teach flexible think- ment grants to help them expand their and creating a dynamic climate where ing skills, employment practices that sup- business with GSK and other corporations. diversity is valued as a source of enrich- port career development, benefits and It also sponsors diverse business leaders ment and opportunity.” Similarly, GSK’s rewards that reflect changing needs, and to attend executive programs at promi- Human Rights Statement establishes that performance-­based flexible work practices nent business schools, hosts matchmaking the company is “opposed to discrimination and policies that meet both business and forums in which diverse suppliers can meet and committed to promoting diversity,” personal life needs. GSK provides flex-time, key senior executives and buyers within that it “seek[s] to ensure that our suppli- part-time, and job shares, as well as collab- GSK, and many other activities. Outside the ers observe similar standards in their rela- orative workspaces and technology. The United States, all procurement employees tions with their employees and their own company encourages employee conversa- worldwide are responsible for supporting suppliers.” tions with supervisors about environments diverse suppliers where possible. In 2009, GSK also actively supports and fos- that will enable employees to do their best this commitment to diversity resulted in 21 ters employee resource or affinity groups work, and managers are expected to sup- percent of GSK’s United States pharmaceu- (networks), a recognized component of port these conversations. “We spend a lot tical and consumer health care discretion- an inclusive organization. GSK employee of time and money to find the best people, ary spending going to small and diverse resource groups include Asian, African so it just makes sense to create an envi- businesses. American and Hispanic groups, cancer ronment where these people can do their Community is the fourth area that con- survivors, GLBT, mid-­career and beyond, best work,” said Belinda R. Shannon, Vice tributes to an empowered, inclusive work- veterans, families and friends, young pro- President of Corporate Human Resources, force. Employees are encouraged and fessionals, and women. Each group has Equality & Inclusion. expected to become active in community an executive sponsor who helps set and The next component of their multi-­level affairs so that they can learn about and achieve goals, obtain resources, and pro- strategy is the business practices/relation- connect with the community in sustainable mote objectives. In the United States, group ships. Here, GSK has instituted a formal ways. For example, the legal department leaders were given a two-day training and active supplier diversity program (the has developed and implemented the Young course to further develop their leadership legal department’s own supplier diversity Inventors’ Program to help attorneys get and strategic thinking skills. The compa- program is discussed in detail below). In involved in their community. Through ny’s support for these employee resource the United States, the company’s Procure- this program, attorneys visit fourth, fifth, groups is yet another example of its top- ment Supplier Diversity Advocacy Team and sixth graders at various community down support for equality and inclusion as helps ensure diverse supplier inclusion schools and give a presentation on inno- key components for an empowered, inclu- throughout GSK by proactively develop- vation, inventions, and patents. They then sive workforce. ing supplier diversity goals and develop- challenge the students to come up with GSK also increases inclusiveness ing ways to engage business partners. The new and patentable ideas. The ideas are through its flexible work culture, which team participates in national and local judged and the winners are recognized by promotes “creative and agile work prac- diversity councils, mentors high-­potential GSK. In this and other ways, GSK recog-

In-House Defense Quarterly n Spring 2011 n 5 D THE DEFENSE DOCKET At the top of GSK’s legal department is sumer, Stiefel, Ophthalmology, and Patents, General Counsel Dan Troy, a strong advo- and Sree Patel, Vice President, Legal & Cor- cate for diversity and inclusion not only porate Affairs, GSK India, meets regularly, within the department, but within the has a global focus, and spends many, many entire organization. As he noted during hours discussing, collecting, and imple- one recent panel discussion, “I have lawyers menting best practices. from 35 countries reporting to me, so I have The steering team was formed in 2002, no choice but to have global conversations.” but was re-­energized when Dan Troy took GSK’s legal department leaders realize that the department’s helm in 2009. The team their department must be diverse, global, has three regional heads, and is also orga- and inclusive in order to effectively and nized into functional subteams. Mr. Fur- competitively serve a vast global organiza- man and Ms. Patel head up the US and tion like GSK, and Mr. Troy expects GSK’s international teams, respectively, while lawyers to be leaders for diversity and Sophie Bodet, Vice President and Head of inclusion inside and outside the company. Global Trademarks, heads up the EU/UK Leaders in GSK’s legal department find team. Functional subteams include recruit- Sree Patel and Ted Furman, Co-Chairs of GSK ways to be actively engaged in department ing and retention, communications, and Legal’s Diversity and Inclusion Steering Team. and company-­wide efforts, further rein- external law firm relations, among others. forcing the top-down support for diversity One of the challenges the steering team nizes that only by learning about the indi- and inclusion. For example, Mark Werner, immediately faced, and that it still faces, vidual communities it serves can it develop GSK’s Senior Vice President, Legal Opera- is defining “diversity” in terms that were the products that will best help those in the tions, North America and Deputy General applicable to the entire global depart- community. Counsel, is a champion of hiring diverse ment. Ms. Patel, who is based in Mumbai, The long list of awards the company has in-house counsel and has shown a willing- notes that “diversity” for individuals out- won in recognition of its inclusive envi- ness to take to task a law firm for its lack of side the US and Europe is defined in ways ronment is proof that GSK’s inclusion and diversity. Mr. Werner is now the executive that are different than those we use here. diversity strategy is working. Those awards sponsor of the Legal Diversity and Inclu- She explained that the US-based diversity include MCCA’s 2010 Mid-­Atlantic Region sion Steering Team, a team of 19 attorneys model focuses on “minorities,” and devel- Employer of Choice, Working Mother’s (including those at the VP and Sr. VP lev- ops programs around things like EEOC “100 Best Companies to Work For” (18 els), paralegals and administrative assis- classifications; however, internationally, years in a row), 2010 “Best Diversity Com- tants that helps guide GSK Legal’s diversity people of color are not minorities, and the pany” (chosen by the readers of Diver- and inclusion strategy. Another mem- diversity model implemented here did not sity/Careers), 2009 Britain’s Most Admired ber of the steering team, Rick Richard- carry over to the other countries in which Companies (ranked fifth overall, with first- son, Vice President and Associate General GSK had operations. Ms. Patel and her col- place finishes in a number of special cate- Counsel, attends gories, including “ability to attract, retain, several diversity The long list of awards the company and develop top talent”), Best Places to events every year Work for GLBT Equality (five years in a in his efforts to has won in recognition of its inclusive row), Best Employers for Workers Over 50 expand the number (from AARP), PricewaterhouseCoopers of diverse outside environment is proof that GSK’s inclusion Building Trust in the Community Award counsel with whom (2008), and the International Visual Com- GSK Legal works. and diversity strategy is working. munications Association Clarion Award As Mr. Richardson (2008), to name a few. noted, “top-down support for bottom-­up leagues have had many conversations about efforts” is one reason why GSK Legal is the meaning of “diversity.” As a result, each For GSK Legal, Diversity and leading the company and the profession of the different regional subteams deals Inclusion Are Powerful Vehicles towards greater diversity and inclusion. with diversity somewhat differently, but GSK’s legal department is widely known they all find common ground in inclusion. and recognized for its efforts to increase Steering Team Administers “The important piece is inclusion,” said diversity in the legal profession, efforts that Diversity and Inclusion Strategy Furman. “If you’re inclusive, you’ll auto- start with GSK’s general counsel and filter The steering team itself is another reason matically be diverse and, by the way, you’ll all the way down to its staff. The GSK in- cited by the legal department for its suc- be taking advantage of all that diversity.” house counsel group is a leader globally in cesses in the diversity and inclusion arena. Another challenge faced by the steer- moving the company forward in the diver- The team, co-chaired by Theodore Fur- ing team was creating an inclusive depart- sity and inclusion space. man, Vice President and Global Head, Con- ment that was comprised of lawyers who

6 n In-House Defense Quarterly n Spring 2011 D THE DEFENSE DOCKET were physically located all over the world. ing team has also published (online) numer- Hot Jobs board, the Corporate Counsel In 2009, 88 lawyers in different countries ous articles about the programs and efforts Women of Color job board, and the Phil- were consolidated into GSK’s legal depart- around diversity and inclusion, along with adelphia Diversity Law Group job board. ment. This addition of diverse attorneys to a quarterly newsletter. GSK also participates in diversity job fairs, GSK’s 271 lawyers already in the depart- Along with the website, the steering such as MCCA’s summer job fair. ment created an infusion of global diver- team has promoted face-to-face meetings GSK Legal has instituted a systematic sity. This also presented a challenge for to also enhance inclusiveness. For exam- process whereby it collects data on the inclusion which GSK met head on. The ple, in April there was a meeting in Lon- diversity of resumes received for each job steering team took steps within the legal don of 40 lawyers from around the world posting, the diversity of slates for the inter- who support GSK’s view process, and ultimately the diversity The steering team is working closely with consumer health of its new hires. It analyzes this data to bet- care business. In ter understand what is working and what is GSK’s human resources department to ensure October, Ms. Patel not, so that it can better gauge the effective- attended an inter- ness of its recruiting efforts. that it is promoting from diverse pools of talent. national attorneys’ Similarly, the steering team is work- meeting in Kuala ing closely with GSK’s human resources department to increase the inclusion in its Lumpur, Malaysia, and she presented to department to ensure that it is promoting department of all attorneys. First, GSK’s that group on GSK’s diversity and inclu- from diverse pools of talent. Mr. Troy has global legal department is now internally sion initiatives. made it clear to the team and the depart- referred to as OneLegal, which reflects and ment that he expects more global and embodies the department’s goal of ensur- Diversity and Inclusion Fill the diverse senior leadership teams, and GSK ing that it is globally diverse and inclu- Recruiting and Promotions Pipelines Legal now tracks the promotion of diverse sive so as to mirror its global company and While the influx of new, diverse attorneys talent, particularly into VP levels and man- global customer base. helped to diversify GSK’s legal department agement teams. Senior leaders at GSK Legal Recognizing that communications, even further, GSK Legal recognizes that also ensure that diverse attorneys in the while always important, would now be crit- it must continue to maintain a pipeline department are getting opportunities for ical to the department’s ability to engage of diverse talent. This summer, for exam- exposure, growth and development, which its entire population in the accomplish- ple, GSK Legal brought in diverse law stu- further drives its inclusive environment ment of its objectives, the steering team dent interns and externs to spend time in and diverse succession planning. turned the OneLegal internal website into a the legal department. These interns were The department also focuses on the remarkable resource where members of the recruited through programs such as the diverse attorneys it has recruited, devel- department can get information about the North Carolina Bar Association’s Minori- oping and mentoring them so that they profession, industry and company. Oppor- ties in the Profession Committee Summer become tomorrow’s diversity and inclusion tunities for secondments, transfers, and Clerkship Program and the Philadelphia leaders. For the past few years, GSK Legal temporary assignments are also posted, Diversity Law Group First-Year Summer has had a formal mentoring program, the allowing GSK to use the best talent for a Program. The in- particular job. terns spent 8–12 The OneLegal website also brings the weeks in GSK’s le- global department together by helping GSK gal department attorneys learn more about each other and being exposed to about key efforts like diversity and inclu- a variety of legal sion. For example, the legal department has matters under the published (online) over 30 separate news guidance of one or stories called “Country View,” written by more mentors. lawyers about their countries, their cul- In recruiting, tures, the practice of law, and ways of living the steering team in their particular geographic areas. Addi- has recommended tionally, the OneLegal website has a diver- a standard policy sity and inclusion link featured prominently for GSK Legal job on its front page, and this provides access to postings, which a diversity events calendar (internal events includes posting as well as external conferences), links to of all legal jobs on archived diversity news items, a link to the job boards targeted MCCA website, and a link to GSK’s internal to diverse groups, GSK employees on “Orange Day,” a company-wide day of community diversity and inclusion website. GSK’s steer- such as the MCCA service

In-House Defense Quarterly n Spring 2011 n 7 D THE DEFENSE DOCKET purpose of which is, in part, to ensure that ments and focus on and identify areas for For example, in 2009, GSK hosted an “In diverse talent has access to the knowledge improvement. All communications include House Counsel Career Day and Diversity and experience necessary to thrive in the the message that GSK Legal values diversity Forum.” DuPont was an active participant department. In the spirit of inclusion, the and inclusion, and that it definitely con- in the forum, and the audience included program is available to all employees in the siders firms’ diversity scores when assign- in-house counsel from Wells Fargo, FMC, department, including lawyers and support ing outside legal work. GSK makes it clear and the Vanguard Group. About 50 law staff. GSK Legal has also convened “lunch to firms that diversity is a significant value students from schools such as Widener, and learns,” both in the United States and and they are serious about it. They are also Temple, Drexel, Villanova, University of the United Kingdom, which Pennsylvania and Rutgers also have focused on its diversity In addition to working with attended. The event began with efforts and which have been a panel discussion including successful in attracting new its preferred firms, GSK Legal makes GSK and DuPont counsel, and people to join the department. panel members shared their extraordinary efforts to work with views on how diversity affects Diversity and Inclusion their practice as in-house coun- Are Not Just Placebos minority and women-­owned law firms sel. There were opportunities GSK’s legal department does for networking and continued not stop at its borders in pro- and legal service providers. diversity discussion after the moting diversity and inclusion panel. The success of this ini- in the legal profession. It brings the same prepared to take action if they see a consis- tial career day has prompted GSK Legal to urgency and passion about these issues to tent lack of attention to diversity. make it a regular event. its dealings with outside counsel as it does In addition to working with its preferred to its leaders and employees within the firms, GSK Legal makes extraordinary Looking into the Future organization. As noted by Mr. Villareal, efforts to work with minority and women-­ The individuals we interviewed at GSK “as in-house counsel, we are one of the keys owned law firms and legal service provid- acknowledged that, while they have made to making legal diversity work. We have ers. GSK Legal has worked with over 30 great strides in diversifying their talent and the economic clout to make people change minority and women-­owned firms, many becoming an inclusive organization, there their behavior… It is incumbent on us to of which are members of the National Asso- is still more to be done. The steering team signal in every conceivable, tangible way ciation of Minority and Women-­Owned is working to develop metrics by which its that this is important.” Law Firms (NAMWOLF). GSK has signed inclusion efforts and improvements can One of the ways that GSK measures out- on to NAMWOLF’s Corporate and Pub- be measured. The diversity report card side counsel diversity is through a diver- lic Entities Partnering Program, accept- is being refined, and new metrics and sity survey conducted every two years with ing the challenge to spend five percent of requirements are being considered for out- GSK’s preferred law firms. The survey asks its total external budget on minority and side counsel relationships. GSK is working for information regarding the percentage women-­owned law firms. GSK is also one of to recruit more companies to participate of minority and/or women on the firm’s the cornerstone companies in the recently in the Inclusion Initiative and to increase management team, as equity partners, formed Inclusion Initiative, a group of 11 the diversity spending from that group. nonequity partners, and attorneys. It also major corporations who have collectively According to the words and the deeds of asks whether or not the firm has a formal agreed to spend in excess of $30 million on GSK and its diversity and inclusion leaders, diversity policy, and contains questions services from minority and women-­owned “Diversity and inclusion is multifaceted, specifically geared toward measuring the business enterprises in 2010 and to increase and GSK will not achieve the greater goal firm’s GLBT inclusion efforts. Finally, the that amount in 2011. through any one program. Rather, there are survey asks for a breakdown in terms of GSK Legal is also active with external different aspects and different pieces, and hours and dollars attributable to minority diversity organizations. It is a regular par- they all have to work together.” or women partners and attorneys spent on ticipant in diversity conferences sponsored We hope that you have been inspired GSK matters. by entities such as DRI, NAMWOLF, Cor- by the insights that the companies fea- The key follow-up to the survey is a porate Counsel Women of Color, the ABA tured in our spotlight series have shared report card GSK Legal provides to each Diversity Summit, the Hispanic National over the last several years. We want to firm. The report card provides the firm’s Bar, the National LGBT Bar Association, hear about your company’s story. If you score in each area, their ranking in that and the Service Members Legal Defense would like to describe your company’s area compared to other firms, and whether Network. GSK is also an active mem- diversity efforts, successes, and struggles, they have improved or regressed in each ber of the Minority Corporate Counsel please contact Sandra Giannone Ezell (san- area. The report card is accompanied by Association. dra.ezell@­bowmanandbrooke.com) to add your face-to-face meetings with GSK counsel in GSK Legal also partners with other firms voice to this issue and to shine the spotlight which the parties see and celebrate achieve- and companies to share best practices. on your company.

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