D The Defense Docket In-House Counsel Spotlight on Diversity Initiatives DuPont’s Formula for Success in Diversity Modeling

By Sandra Giannone Ezell worldwide and, in 2009, ranked thing to do, it’s good for business. and Rebecca S. Herbig 75th on the Fortune 1,000 list. Our ability to connect with deal A woman is at the pinnacle of makers, politicians and juries This is the sixth article in In-House Defense this well-­established corpora- must be better than our compet- Quarterly’s series spotlighting the diversity tion. Ellen J. Kullman became itors’. And besides that, diver- initiatives of in-house legal departments. chief executive officer on Janu- sity generates better and more Recently, we visited with some of the men ary 1, 2009, and chairman of the creative thinking. With vary- and women at DuPont Legal to learn about board on January 1, 2010, after ing perspectives brought to the their diversity initiatives. This article high- having faithfully served DuPont table, better bottom-­line results lights DuPont Legal’s numerous successful for more than 20 years. This is Hinton J. Lucas are achieved.” programs, including the DuPont Women even more profound in its import, if one DuPont’s Board of Directors further evi- Lawyers’ Network, the DuPont Minor- considers that, according to Fortune’s 2009 dences this commitment. Of the 11 direc- ity Counsel Network, and DuPont’s legal ranking of America’s largest corporations, tors from outside the company, two are diversity pipeline projects. only 15 Fortune 500 companies are run by women, one is African American and two women. are from outside the United States. Over- DuPont: A Pioneer in Diversity Kullman’s leadership, however, is only all, 19 percent of DuPont’s 16 most highly Since its beginnings as an explosives com- one example of how seriously DuPont takes ranked officers are women and people of pany in 1802, DuPont has become a house- its core values: commitment to safety and color. These numbers are not surprising hold name known for innovative science. health, environmental stewardship, ethical when you consider DuPont’s commitment Operating today in more than 70 countries, behavior, and respect for people. And Kull- to diversity and focus on respect for peo- DuPont offers services in numerous diverse man was not the first woman to make her ple. Its diversity goals are met by providing markets, including agriculture, electronics, mark on the science industry at DuPont. diversity courses to employees, implement- communications, safety, and many more. In 1965, Stephanie L. Kwolek, who had ing global mentoring programs, and adher- Looking around your home, you are bound also been with DuPont for nearly 20 years, ing to its “Supplier Diversity Process,” to come across many of DuPont’s prod- developed the first liquid crystal polymer, which was established in 1973. In addition, ucts—DuPont auto performance prod- providing the basis for Kevlar. She was DuPont has established a number of affin- ucts, residential air filters, water filtration awarded the National Medal of Technology ity groups intended to provide employees systems, and laminate and vinyl flooring; in 1996 for her contributions to science. with forums for discussing obstacles to and Teflon® cookware and apparel; Corian® Kullman has addressed DuPont’s com- successes with breaking barriers. Some of countertops; Kevlar® apparel and fire-­ mitment to diversity through its “Diver- these groups include: Bisexuals, Gays, Les- resistant mattresses; and Tyvek Home- sity Powerhouse Model,” by stating, “We, bians, Transgendered and Allies at DuPont Wrap, tape, and envelopes, to name a few. at DuPont, expect that every one of our col- (BGLAD), Corporate Black Employees DuPont’s vision is “to be the world’s most leagues will be treated with respect. We ex- Network (CBEN), DuPont Asian Group dynamic science company, creating sus- pect that they will have the ability to grow, (DPAG), DuPont Part-time Employees Net- tainable solutions essential to a better, safer personally and professionally. Respect for work (DPTEN), DuPont Women’s Network and healthier life for people everywhere.” people has been a core value of our com- (DWN), and DuPont Employees Hispanic DuPont has over 60,000 employees pany for over 206 years. It is just as relevant Network (HISNET). to business success today as it was at our Coincidentally, if you believe in such founding.” Senior Vice President and Gen- things, we had the fortunate circumstance eral Counsel Thomas L. Sager has empha- of arriving in Wilmington, Delaware, on sized that “diversity is more than the right Martin Luther King, Jr., Day for our inter- view the next day. For that holiday, DuPont n Sandra Giannone Ezell, the managing partner of Bow- and the City of Wilmington had partnered man and Brooke LLP’s Richmond, Virginia, office, is an for their Annual Day of Celebration, hon- experienced trial lawyer who defends automotive and oring the life of Dr. Martin Luther King, other manufactures against negligence, product liability and punitive damage actions. She is Jr. The event was held at the Chase Center one of the founding members of her firm’s child consumer products group. Ms. Ezell is the past on the riverfront and included a keynote publications chair of DRI’s Diversity Committee. Rebecca S. Herbig is an associate in the Rich- address by Judge Glenda Hatchett, educa- mond office of Bowman and Brooke LLP. She is the Activities Subcommittee co-chair for DRI’s tional art and essay contests, and interac- Young Lawyers Committee and is a member of the Virginia Association of Defense Attorneys. tive activities for all ages.

4 n In-House Defense Quarterly n Spring 2010 © 2010 DRI. All rights reserved. D The Defense Docket As evidenced by the Annual Day of Cele- bration, diversity is a way of life at DuPont, and this dedication has not gone unrecog- nized. In 2008, Senior Vice President and Chief Science and Technology Officer Uma Chowdry was named a “Woman Worth Watching” in the Profile in Diversity Jour- nal. She was also named to the Delaware Commission for Women’s Hall of Fame of Delaware Women last year. DuPont has been named among the best places to work in Mexico and Brazil. Working Mothers Top 100 Companies recognized DuPont in 2008—DuPont was also named to Work- ing Mothers’ Hall of Fame in 2005. In 2008, DuPont was given a 100 percent rating by the Human Rights Campaign, which recog- nizes companies with programs that ensure Ernest Tuckett, Thomas Warnock, Janet Bivins, Chyrrea Sebree, Lisa Gilford (at podium), the equitable treatment of the LGBT com- Ramona Romero, Tamara Sampson, Patrice McGeady, Hinton Lucas, and J. Michael Brown. munity, for its corporate equality index. ing quality. Under the modified approach, in the past and all of the firms considered DuPont Legal: Following the Initiative legal teams employed a strategic approach primary law firms have active diversity DuPont’s commitment to diversity is as “where not every rock is turned over, just programs. evident in its legal department as in the the right rocks.” The new model required We recently sat down with Hinton J. corporation. In 1992, DuPont created the the legal department to assess case objec- Lucas, Vice President and Assistant Gen- “DuPont Legal Model,” which applied tives early, to develop an appropriate path eral Counsel for DuPont, one of the recog- “business discipline” to the practice of toward cost-­effective results. nized leaders in diversifying the DuPont corporate law. The goal of the model was The team also found that DuPont was legal department and outside providers, to to balance handling increased litigation spreading its business across a large num- discuss DuPont’s commitment to diversity. with encouraging efficiency. Diversity was ber of law firms. After interviews with During his more than 30 years of service one of the cores of the model from the start. firms, the team developed a new network to DuPont, Lucas has been a key asset to DuPont Legal wanted to work with firms of “primary” law firms, “primary” service DuPont’s progress in the realm of diver- that evidenced a commitment to diver- providers, and “diverse” legal suppliers sity, and he currently manages, among sity, and it wanted to recruit, retain, and that focused on true partnering relation- other things, the department’s pro-bono promote minority attorneys to work on ships. DuPont’s focus in selecting law firms program and DuPont’s pipeline projects, DuPont cases. Although first developed was firm commitment to competence, including its Street Law, Inc., Diversity as a means to reduce costs, the DuPont excellence, getting results, mutual finan- Pipeline Project. In November 2009, Lucas Legal Model has evolved into a sophisti- cial success, technology and work pro- and Kevin Derbyshire, general counsel of cated approach to achieve cost reduction, cess re-­engineering, retaining and securing DuPont Canada, were honored as the first increased productivity, and improved qual- contributions of women and minorities, recipients of the “Hinton J. Lucas Inter- ity of services, and it has also eased access taking risks, advancing creativity, willing- national Award for Promoting Diversity to new opportunities and solidified rela- ness to innovate, and progressiveness. In in the Legal Profession” presented by the tionships among staff members, law firms, undertaking this “convergence process,” organization “A Call to Action Canada.” and service providers. DuPont decreased the number of law firms Lucas identified “respect for people” and In 1992, Chairman of DuPont’s Board of it employed from more than 350 to 34, “treating people right” as the core values Directors Edgar Woolard, Jr., presented a along with four legal services providers. See upon which DuPont and its legal depart- challenge to his staff: find a way to cut more The New Reality: Turning Risk into Oppor- ment’s initiatives are based. He was quick than a billion dollars in costs. DuPont Legal tunity through the DuPont Legal Model, to note that, despite the recent economy, formed a team to respond to this chal- http://www.dupontlegalmodel.com/. Today, the DuPont’s “commitment has never wavered lenge. The team discovered that DuPont network stands at approximately 45 law one iota.” He believes that the next horizon and its law firms were dedicating substan- firms and service providers. for DuPont’s diversity initiatives, including tial resources on every matter to pursue DuPont’s legal model has proven suc- its legal diversity initiatives, is to attend to every possible issue and avenue of defense. cessful, especially in the area of diversity. the global component of today’s market- DuPont Legal decided to modify this There are more women and minorities place and to continue to improve its efforts approach to save costs without compromis- employed in DuPont’s supplier firms than to expand representation of all minority

In-House Defense Quarterly n Spring 2010 n 5 D The Defense Docket groups in the legal profession, including network has adhered to a successor model, regarding shared experiences. Further, Hispanic and Native-­American attorneys. with a chair and co-chair serving a one- DuPont has been careful to send a mes- To ensure that its primary law firms ap- year term in each position. The current sage to its primary law firms that minority preciate the level of commitment that Du- chair is DuPont Corporate Counsel Ernest counsel should not be penalized for being Pont has to diversity, it seeks information A. Tuckett, who also serves as the project ambassadors for their firms on issues of regarding the number of minority attorneys coordinator of DuPont’s Street Law, Inc., diversity and encouraging their firms to and their attrition from each of its primary Diversity Pipeline Project. provide these attorneys with billable credit law firms and broadcasts these numbers on We had the pleasure of meeting with for their hard work and dedication. a screen at an annual “DuPont Legal Pri- Bivins earlier this year to discuss the The Minority Counsel Network Confer- mary Law Firm Meeting.” The increase in successes of DuPont’s Minority Counsel ences often spark further innovation. For minority and women lawyers working for Network. Bivins told us that “breaking example, an idea from the 2002 confer- DuPont’s primary law firms is no surprise. through” the primary contacts at each ence was the genesis for a Six Sigma Green As Lucas stated, “We are a science company, primary law firm to identify these firm’s Belt project. To study the potential for cre- and if it gets measured, it gets done.” attorneys of color was the initial hurdle. ating more opportunities for attorneys of In addition, during the first few years, color to work on DuPont matters, a team DuPont’s Legal Counsel Networks: DuPont worked closely with these law firms composed of DuPont and primarily law Highly Successful Sustained to identify and recruit attorneys of color. firm leaders sent surveys to attorneys of Diversity Approaches Bivins commented that most, if not all, color within the primary law firm network. To further the goals of its legal model, of DuPont’s primary law firms success- These surveys showed that about 42 per- DuPont has developed a number of coun- fully created diverse teams in response cent of these attorneys had never worked sel networks that bring together identified to DuPont’s Minority Counsel Network. on DuPont matters. Of those respondents members of DuPont’s primary law firms for Bivins was instrumental in creating a “sus- who had worked on DuPont matters, the conferences to build a sense of community tainable, cohesive body that continues to survey results showed that they typically that is dedicated to the business success of talk and engage one another and promote worked on basic projects, such as drafting the members of the networks. This com- the vision.” The Minority Counsel Network, early case assessment reports, written dis- mitment to achieve success extends beyond under Bivins’ direction, created a Diversity covery, drafting motions, and preparing the business that the network members do Task Force in 1997 that lasted until around general legal memoranda. Sixty-seven per- with DuPont to include offering general 2001. This task force educated the rest of cent of the respondents knew little to noth- support to achieve success in the business DuPont’s primary law firm network mem- ing about the DuPont Legal Model. of the practice of law. DuPont’s networks bers on issues affecting minority lawyers DuPont quickly responded. Former appear uncommonly successful—actually and helped fashion the diversity initiatives Senior Vice President, General Counsel, achieving their missions. of the network, including benchmark sur- and Chief Administrative Officer Stacey vey questions to measure law firm diversity Mobley sent an e-mail to all attorneys of DuPont performance. During the seventh Minor- color at DuPont’s primary law firms to Legal’s ity Counsel Network Conference in 2005, alert them that information regarding the Minority Bivins was the recipient of the J. Michael DuPont Legal Model would soon be sent to Counsel Brown Award for commitment to diversity each firm and to encourage them to seek Network for her constant vigilance and support. this information. Questions were added In 1996, in- Today, the network is truly a “top-down” to DuPont’s Benchmark Survey so that the house counsel Janet Y. Bivins and J. Michael initiative, devoted to furthering the ide- legal department could continually assess Brown, a former partner with a primary als of diversity within the legal profession. the quantity and quality of work com- law firm and now secretary of Kentucky’s The network continues to organize annual pleted by attorneys of color on DuPont Justice and Public Safety Cabinet, began to Minority Counsel Network Conferences, cases. DuPont’s commitment to embracing discuss the need for a conference of DuPont providing seminars and discussions about change and quickly adapting to new chal- Legal’s in-house and outside attorneys of how DuPont and its primary law firms lenges has permitted attorneys of color to color. After quickly gaining support from can sustain their diversity efforts, provid- learn about the DuPont Legal Model and to then-Chief Litigation Counsel Thomas L. ing leadership and networking opportu- become integral to DuPont’s legal teams. Sager, now senior vice president and gen- nities to network members at supplier law Between annual conferences, the activ- eral counsel, DuPont held its first “Minority firms, and providing seminars to advance ities of DuPont Legal’s Minority Coun- Counsel Conference” in 1997 to discuss the the professional development of network sel Network are accomplished primarily specific issues experienced by attorneys of members. While portions of the confer- through three standing committees: the color in the areas of recruitment and reten- ence are open to other attorneys who work Networking and Marketing Committee, the tion. A year later, DuPont’s Minority Coun- for DuPont, one session of the conference Newsletter and Communications Commit- sel Network was formed. Bivins served as is usually limited to attorneys of color, to tee, and the Mentoring and Retention Com- chair from 1998 to 2002. Since 2002, the provide a forum for honest, open dialogue mittee. These committees are chaired and

6 n In-House Defense Quarterly n Spring 2010 D The Defense Docket staffed by attorneys of color from DuPont’s primary law firms. Tuckett reported that the eleventh Minority Network Coun- sel Conference is being planned for June 23–25, 2010, in Washington, D.C.

DuPont Legal’s Women Lawyers’ Network During a meet- ing in 1997, in- house corporate counsel Lisa M. Passante was struck with the notion that more women could and should be involved in DuPont’s network of primary law firms. Passante received top-down support for the idea of a Members of the June 2008 Minority Counsel Conference General Counsel Panel. From left: Women Lawyers’ Conference that would be Marcia Goffney, John Page, Deirdre Stanley, Stacey Mobley and moderator Lisa Gilford. dedicated to the success, development, and advancement of DuPont’s women lawyers Kathleen Taylor Sooy, partner in Crowell vides a forum for women lawyers to collab- and women lawyers working for its pri- & Moring LLP’s Washington, D.C., office, orate on substantive legal matters, as well mary law firms. The initial one-and-one- had this to say about DuPont’s role in as marketing, mentoring, and professional half day conference, which took place in building a better legal profession, “DuPont development. In addition, the network September 1998, focused on gender diver- gave me my first big break as a litigator, works hard to create leadership opportuni- sity and communication issues specific to propelling me into the lead counsel role ties for women lawyers and educate DuPont women lawyers, and also included brain- in one of its national litigations. There and its supplier firms about issues cen- storming sessions committed to deter- were not many women in that role in the tral to the careers of women lawyers. Over mining the issues most important to the early 1990s. This was an early step in what the years, the DuPont Legal Women Law- participants. It was from this work that became a key DuPont goal of providing yers’ Network has developed its own iden- the DuPont Women Lawyers’ Network was opportunities for diverse attorneys. That tity as a network that effectively works for born. goal has today translated into robust net- mutual professional development and col- According to Passante, firms readily works for women counsel and minority laborates on substantive issues. For exam- identified women to attend this first confer- counsel, which is a model for other com- ple, DuPont’s network of primary law firms ence. She remembers that each of DuPont’s panies everywhere.” now sponsors a Women Lawyers’ Net- primary law firms sent at least two women The DuPont Legal Women Lawyers’ work mini-­conference focused on business to the first conference, with a total attend- Network is currently chaired by in-house development, which DuPont supports. ance of about 140 women. Passante found counsel Maria Angelo, who has been with Against this backdrop, it is not surpris- that these women “appreciated the oppor- DuPont’s legal department since 2007 and ing that in 2008, the National Association tunity to come in and meet with in-house with DuPont since 1989. Angelo told us that of Women Lawyers honored DuPont Legal counsel” and noted that the DuPont Legal the DuPont Legal Women Lawyers’ Net- with its President’s Award for commit- Women Lawyers’ Network has become a work provides an unequaled opportunity ment to the advancement of women and very successful resource of referrals, men- to network and promote outside lawyers. minorities. toring, leadership, and visibility. She identified the advancement of women Passante chaired the network for four within the legal profession and discussion DuPont Legal’s Diversity years. Currently, the terms for the Women of flexible work practices as the next topics Projects: Involving the Lawyers’ Network are not fixed, but the for discussion among women lawyers in the Profession and Community chair has, on average, rotated every two to network. Angelo is proud to chair a thriv- In addition to diversifying through its net- three years. Passante has continued serv- ing network that has retained its original works, DuPont has taken on other diver- ing women in the legal profession as the mission and objectives and that is a pro- sification projects, implementing legal current corresponding secretary for the gram that is still unique to DuPont. minority job fairs, a minority- and women-­ National Association of Women Lawyers Passante and Angelo told us that, today, owned law firm project, and two programs Executive Committee. the DuPont Women Lawyers’ Network pro- specifically designed for youth.

In-House Defense Quarterly n Spring 2010 n 7 D The Defense Docket DuPont Legal Minority Job Fairs women-­owned law firms with the first shops that include mock trial-type exer- DuPont created the DuPont Legal Minor- opportunity to handle matters that come cises. In the spring, a legal team-­mentoring ity Job Fairs in 1994, which are now multi- in the door. This mindset pervades all program follows, to educate high school city events providing more than 500 of the DuPont’s legal decision-­making processes, juniors on the college admissions process best minority candidates, law students and including decisions related to recruitment. and SAT test preparation. Tuckett esti- recent graduates alike, around the coun- For instance, DuPont uses minority recruit- mated that the program has between 40 and try with opportunities to interview with ers to help fill open positions, and all head- 50 volunteers per year from DuPont and DuPont’s primary law firm network mem- hunters are required to present a diverse Young Conaway. Further, Tuckett reported bers. The job fairs are currently held annu- slate of candidates for consideration. that more than 80 percent of the gradu- ally in August in Los Angeles, Chicago, ates of the Legal Administrative Assistant Houston, and Wilmington, Delaware. The Pipeline Projects Program at Howard High who have par- National Association for Legal Placement In addition to fostering diversity within ticipated in the DuPont Street Law, Inc., has recognized DuPont for its Minority Job DuPont and the legal community, DuPont program since 2006 have gone on to attend Fairs by awarding DuPont its Mark of Dis- Legal recognizes that young people will college. tinction Award. ultimately change the face of the American Tuckett believes that if an organization Dawn R. Tezino, shareholder at Mehaffy- legal profession. DuPont Legal has imple- takes pipeline diversity efforts seriously, Weber, P.C. in Beaumont, Texas, is but one mented pipeline projects geared toward programs such as this must become a part example of the success of the DuPont Legal providing opportunities for inner-city stu- of the organization’s attempts to increase Minority Job Fair. Hired by MahaffyWeber dents to learn about the legal career. diversity in the legal profession. He said, through one of DuPont’s regional job fairs, The Association of Corporate Coun- “Without increasing the pipeline of pro- Tezino credits DuPont with her success and sel Diversity Pipeline Kit was developed spective minority legal professionals, we rise to law firm partnership, noting that around 2002 in cooperation with Street will be facing the same diversity challenges “DuPont fosters a mindset of inclusiveness Law, Inc., and with financial support from of today 20 years from now. No real prog- and a celebration of differences.” Tezino is DuPont, to assist law firms and legal depart- ress will be made without them.” a member and a former chair of one of the ments to implement their own pipeline DuPont Legal also provides life-skills committees of the DuPont Minority Coun- initiatives. The kit contains case studies, training to at-risk youth by offering com- sel Network, which has allowed her “to resources for establishing mentoring pro- puter training at DuPont for young people build invaluable relationships with other grams, a video, and model programs. To in the local area through the Kingswood attorneys of color both inside and outside date, more than 35 corporate legal depart- Community Center. DuPont also supports of the DuPont MCN.” ments conduct diversity pipeline programs the Delaware Law Related Education Cen- modeled on the resources presented in this ter (DELREC), a nonprofit organization that Minority- and Women-­ pipeline kit. provides young people with opportunities owned Law Firm Project DuPont’s Street Law, Inc., Diversity Pipe- to learn about the law and the legal field. DuPont commissioned a 2004 study entitled line Program, a partnership that works to The DELREC operates the annual Delaware “Study on the Status of Minority-­Owned encourage young people of color to pursue statewide mock trial competition and youth Law Firms” that indicated that the number legal careers by providing them with role summits, as well as providing law students of successful, minority-­owned law firms models, career education, and hands-on at Widener Law School with the opportu- had substantially decreased in the 15 years experiences in the legal field, sends attor- nity to work with students in grades seven prior to the study. Driven by the results of neys from DuPont and Young Conaway through twelve, adjudicated in Family or the study, in 2005, the legal departments Starlgatt & Taylor, L.P., to teach legal con- Superior Court and sent to the Ferris School of DuPont, General Motors, Sara Lee, Shell cepts to students at Howard High School of for Boys, which is administered by Dela- Oil, and Walmart announced that they Technology in Wilmington, Delaware, and ware’s Department of Youth Services. would work together to ensure that they offers a mentoring program for interested gave quality legal work to minority-­owned students. We recently discussed the proj- Conclusion law firms. Together, they developed a roster ect with Tuckett, DuPont’s Street Law, Inc., We hope that you have been inspired by of minority- and women-­owned law firms, project coordinator. DuPont Legal’s story, as well as the insights which has now been published along with Tuckett explained that the Street Law, that the other companies featured in this information about each firm. Diversity Ini- Inc., program is run through Howard High spotlight series have shared over the last tiative, http://www.­minorityandwomenlawfirms. School’s Legal Administrative Assistant several months. We want to hear about com/. Program. Students in this program have your company’s story. If you would like to Although Lucas indicated that there chosen the legal profession as their career describe your company’s diversity efforts, is no formal process regarding when and track at this vocational high school. Each successes, and struggles, please contact how minority-­owned law firms will receive fall, DuPont hosts a conference for the stu- Sandra Giannone Ezell (sandra.ezell@bow- cases, he considers that it is “part of DuPont dents at the DuPont building, where the manandbrooke.com) to add your voice to this Legal’s DNA” to provide minority- and students participate in interactive work- issue.

8 n In-House Defense Quarterly n Spring 2010