Bingham Mccutchen, LLP

Diversity is powerful. bingham.com

2014 VAULT/MCCA LAW FIRM DIVERSITY SURVEY

One Federal Street Boston, MA 02110 Phone: 617-951-8000 Fax: 617-951-8736 www.bingham.com

LOCATIONS Boston, MA; Hartford, CT; Los Angeles, CA; New York, NY; Orange County, CA; Lexington, KY; San Francisco, CA; Santa Monica, CA; Silicon Valley, CA; Washington, D.C.; Beijing, China; Frankfurt, Germany; Hong Kong, Hong Kong; London, England; Tokyo, Japan

DIVERSITY LEADERSHIP Head(s) of Firm: Jay Zimmerman, Chairman and CEO; Steve Browne, Firm Managing Partner Diversity team leader(s): The Diversity Committee is chaired by 12 practicing partners. Focused on strategy, these partners comprise the Diversity Executive Committee, and its three working groups: Recruiting, Attorney Retention and Development, and Leadership and Business Development. The Diversity Executive Committee works with partner, associate and staff representatives - as well as leaders of various areas (such as Recruiting, Learning and Development and Marketing) - to implement our Diversity Action Plan. The Diversity Team Leaders are: Minita Shah-Mara, Director of Diversity and Inclusion; J. Bland, Diversity Executive Committee - Legal Recruiting; Ella Foley Gannon, Diversity Executive Committee - Legal Recruiting; Thurgood Marshall Jr., Diversity Executive Committee - Legal Recruiting; Julia Frost-Davies, Diversity Executive Committee - Retention and Development; Frank Hinman, Diversity Executive Committee - Retention & Development; Lou Rodriques, Diversity Executive Committee - Retention & Development; Catherine Wang, Diversity Executive Committee - Retention & Development; Amy Kyle, Diversity Executive Committee - Leadership & Business Development; Michael Reilly, Diversity Executive Committee - Leadership & Business Development; Rick Rothman, Diversity Executive Committee - Leadership & Business Development; Helen Marshall, Diversity Executive Committee - Leadership & Business Development; Chuck Shimada, Diversity Executive Committee - Leadership & Business Development

NUMBER OF ATTORNEYS TOTAL NUMBER OF ATTORNEYS

Currently As of December 31, 2013 Firmwide 787 788 U.S. offices only 716 716

Does your firm have more than one tier of partnership? No

ASSOCIATES (2013) SUMMER ASSOCIATES (2013) Men Women Men Women White/Caucasian 112 110 White/Caucasian 11 11 African-American/Black 1 8 African-American/Black 1 1 Hispanic/Latino 8 4 Hispanic/Latino 1 5 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 11 22 Asian 2 4 Native Hawaiian/Pacific Islander 0 1 Native Hawaiian/Pacific Islander 0 0 Multiracial 4 4 Multiracial 1 2 Openly GLBT 5 5 Openly GLBT 4 1 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 136 149 Total 16 23 We do not track disability information We do not track disability information

EQUITY PARTNERS (2013) NON-EQUITY PARTNERS (2013) Men Women Men Women White/Caucasian 249 55 White/Caucasian n/a n/a African-American/Black 2 1 African-American/Black n/a n/a Hispanic/Latino 3 2 Hispanic/Latino n/a n/a Alaska Native/American Indian 0 0 Alaska Native/American Indian n/a n/a Asian 8 6 Asian n/a n/a Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander n/a n/a Multiracial 2 1 Multiracial n/a n/a Openly GLBT 4 1 Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 264 65 Total n/a n/a We do not track disability information We do not track disability information

OF COUNSEL (2013) NEW HIRES (2013) Men Women Men Women White/Caucasian 58 26 White/Caucasian 29 15 African-American/Black 1 0 African-American/Black 1 1 Hispanic/Latino 0 0 Hispanic/Latino 1 0 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 1 1 Asian 3 7 Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 0 Multiracial 1 0 Multiracial 3 1 Openly GLBT 2 0 Openly GLBT 0 1 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 61 27 Total 37 24 We do not track disability information We do not track disability information Includes job groups ASC - Associate, PTR - Partner, OC - Of Counsel

How does the firm's leadership communicate the importance of diversity to everyone at the firm? Diversity is a core value at Bingham. Firm leadership uses multiple means of communication to relay the importance of diversity to all firm constituents, including presenting on diversity at major firm events such as the Annual Partnership Retreat and Town Hall Meetings. Firm leadership also hosts celebrations highlighting the diversity efforts that contribute to our workplace rankings with FORTUNE and other best places to work recognitions. The Diversity Committee's leadership presents to various firm departments about the importance of diversity. In addition to in-person communications, firm leadership uses print and electronic methods to communicate about diversity such as diversity related features on the firm's intranet and Diversity Committee reports to lawyers and staff. Our Diversity Action Plan, with its measurable goals, is on the firm's intranet. Clients are frequently invited to participate in diversity events, such as The Pride Network (LGBT lawyers) and IMPACT (lawyers of color) retreats, and our signature Celebrating Women series. The firm recognizes a variety of heritage months in many ways including local office celebrations, contests related to the history of each heritage, tent cards to raise awareness of influential people from diverse backgrounds, and, beginning in 2014, multi-office lunch discussions held over video conference centered around topics of diversity attended by all levels of Bingham attorneys from leadership to staff members. Who has primary responsibility for leading diversity initiatives at your firm? Minita Shah-Mara, Director of Diversity and Inclusion; J Bland, Diversity Executive Committee - Legal Recruiting Subcommittee; Ella Foley Gannon, Diversity Executive Committee - Legal Recruiting Subcommittee; Thurgood Marshall Jr., Diversity Executive Committee - Legal Recruiting Subcommittee; Julia Frost-Davies, Diversity Executive Committee - Retention and Development Subcommittee; Frank Hinman, Diversity Executive Committee - Retention & Development Subcommittee; Lou Rodriques, Diversity Executive Committee - Retention & Development Subcommittee; Catherine Wang, Diversity Executive Committee - Retention & Development Subcommittee; Amy Kyle, Diversity Executive Committee - Leadership & Business Development Subcommittee; Michael Reilly, Diversity Executive Committee - Leadership & Business Development Subcommittee; Rick Rothman, Diversity Executive Committee - Leadership & Business Development Subcommittee; Helen Marshall, Diversity Executive Committee - Leadership & Business Development Subcommittee; Chuck Shimada, Diversity Executive Committee - Leadership & Business Development Subcommittee. The Diversity Executive Committee had a busy and fruitful second year. This committee worked diligently to ensure Bingham continued to focus on diversity in recruiting and worked to address the needs of our diverse partners, associates and counsel. In 2013, the Diversity Executive Committee led the charge for a new kind of business development initiative by introducing our diverse lawyers to clients who have a strong vested interest in diversity of their workforces and legal teams. Our bi-annual retreat for attorneys of color featured a client panel wherein GCs discussed the importance of and methods by which they ensure diversity on their teams. This client panel was followed by lunch and an opportunity for our lawyers of color to network with the legal teams for three Bingham clients. We plan to set up more meetings with clients who prioritize diversity and discuss. Does your law firm currently have a diversity committee? Yes

If yes, does the committee's representation include one or more members of the firm's management/executive committee (or equivalent)? Yes

If yes, how many attorneys are on the committee, and in 2013, what was the total number of hours collectively spent by the committee in the furtherance of the firm's diversity initiatives? Total attorneys on committee: 48 Total hours spent on diversity: 2918 Comments: 48 is internationally firmwide

Does the committee and/or diversity leader establish and set goals or objectives consistent with management's priorities? Yes

Has the firm undertaken a formal or informal diversity program or set of initiatives aimed at increasing the diversity of the firm? Yes

If yes, is it formal or informal? Formal. We started with a half day program for our senior-most leaders (including our Chairman) and since then have trained practice area and practice group leaders, workflow coordinators, hiring chairs and our entire partner population on concepts including unconscious bias, micro-inequities (small, often unconscious slights) and specific action steps to raise awareness levels and support the advancement of our diverse lawyers. In 2014, trainings were delivered to our entering associate class at our New Associate Academy and partners at our New Partner Academy. We plan to expand this training to include associates and staff. The goals of these programs include defining culture, recognizing common challenges in cross-cultural work, managing across differences, increasing self-awareness around cultural bias, and discussing ways to harness employees' differences to improve the workplace. The firm has robust mentoring programs for its women lawyers, LGBT lawyers and lawyers of color. These programs provide opportunities for women lawyers, LGBT lawyers, and lawyers of color to network, develop their professional skills, and to enhance the retention of these groups. Over the past year, we have added more structure to our mentoring programs and included more junior associates and plan to finish rolling these mentoring programs out to all U.S. offices by the end of 2014.

How often does the firm's management review the firm's diversity progress/results? Monthly

How is the firm's diversity committee and/or firm management held accountable for achieving results? The Director of Diversity and Inclusion and the Diversity Executive Committee members meet regularly with the firm's Chairman and leadership to update on diversity initiatives and progress at the firm. They also meet with the firm's practice area leaders during the lawyer review cycle to discuss diversity goals and the progress of individual diverse lawyers. Leadership presents diversity updates to staff and lawyers throughout the year. The firms' Diversity Action Plan, which contains our key diversity goals, is available on the firm's intranet, providing a further layer of accountability for all Bingham employees. The Director of Diversity and Inclusion and firm leadership also pay close attention to

Response to Spring 2014 Vault/MCCA Law Firm Diversity Survey. Complete survey results available in Law Firm Diversity Database (http://mcca.vault.com). Copyright © 2014 Vault.com Inc. and Minority Corporate Counsel Association, Inc. All rights reserved. Bingham McCutchen, LLP 2014 VAULT/MCCA LAW FIRM DIVERSITY SURVEY regularly reported diversity metrics. Delivered quarterly, these analyses compare progress for diverse constituencies compared to prior years, Bingham progress compared to peer firms and to industry standards for large law firms comprising 700+ lawyers. The firm modifies and updates diversity initiatives based on these data. Is your firm minority-owned or women-owned? No

INITIATIVES FOR ALL DIVERSE ATTORNEYS

Already Currently Not a Current Completed Addressing Priority

X X Undertake communication from firm management that diversity is a top priority of the firm

X Formalize diversity plan and committee with action steps and accountability to management

X X Conduct firmwide diversity training for all attorneys and staff

X X Focus on strengthening firm's mentoring program

Conduct internal diversity needs assessment (e.g., culture and environment surveys) and/or retain diversity X consultant to examine how firm culture might be more welcoming of minorities

X X Support law firm's internal affinity networks

X Hire a director of diversity or other full-time professional to implement the firm's diversity program

X X Coordinate or work with clients on diversity issues

Develop/expand relationships with minority bar associations and other legal diversity organizations to offer X X firm's support of these networks

INITIATIVES SPECIFICALLY FOR MINORITY ATTORNEYS

Already Currently Not a Current Completed Addressing Priority

X X Increase the number of minority attorneys at the associate level

X Increase the number of minority attorneys at the partnership level

X X Increase the number of minority attorneys in leadership positions

X X Focus on strengthening firm's mentoring program for minority attorneys

Manage/monitor allocation of work assignments and/or hours billed to ensure minority attorneys have equal X X access/inclusion on top client matters

Other (please specify): IMPACT (Initiative by Multicultural Partners and Associates for Cooperation and Transformation) launched in March 2012. Two partners of color and two associates of color lead IMPACT; and IMPACT has two executive sponsors, two partners in senior leadership positions at the firm who champion the Bingham Resource Network (BRN) and act as its liaison to firm management. We host bi-annual in- person retreats, quarterly firm-wide video conferences and regular get-togethers by office for our lawyers of color. Our most recent retreat for our lawyers of color was held in December 2013. More than 80 lawyers from Bingham's domestic and international offices attended. Attendees heard from a panel of general counsels of clients who require diverse legal teams on their matters about why diversity is important followed by a lunchtime networking session, participated in workshops related to their class levels and goals, and heard from X X dynamic speakers NYU Professor Kenji Yoshino, and Verna Myers of Verna Myers Consulting Group about the concepts of "covering" and bringing your "authentic self" to the workplace. In addition to our Firmwide IMPACT group, Bingham created regional IMPACT groups for our lawyers of color. These groups were created to allow for mentoring across various levels and for the lawyers of color to discuss regional issues. The co- leadership model allows associates of color of each region to have a direct line to senior leadership. Bingham launched a mentoring program for mid-level and senior associates of color in the New York office. Due to this program's success, we rolled out similar programs in our Washington, D.C., and Northern California offices and are planning to roll out a program to our Boston and Southern California offices as well as bringing the original New York program into its next phase of development including more diverse lawyers and more junior classes of associates in 2014.

INITIATIVES SPECIFICALLY FOR WOMEN ATTORNEYS

Already Currently Not a Current Completed Addressing Priority

X Institute a formal part-time policy that addresses partnership prospects

X X Increase the number of women at the associate level

X X Increase the number of women at the partnership level

X X Increase the number of women in leadership positions

X X Focus on strengthening firm's mentoring program for women

Manage/monitor allocation of work assignments and/or hours billed to ensure women have equal access/ X X inclusion to top client matters

Other (please specify): Bingham has a robust Women's Mentoring Program that aims for events in each office on a quarterly basis. Events during 2013 included networking and small group discussions led by successful women partners on topics such as management styles and strategies, tips for networking and making connections, and multiple offices had book club discussions of Sheryl Sandberg's Lean In. This forum allows for junior partners to be exposed to diverse "pitch styles" and to help them further hone and/or create their own pitch. Bingham also has a Celebrating Women series to recognize and support continued efforts to promote women in law. We are planning our next Celebrating Women event for 2014 in Boston. Two new initiatives were launched in 2013: 1. A women's conference for our Northern California offices with an informal panel discussion with the women on our Management Committee, a cocktail and dinner networking event, breakout X X sessions based on individual's levels and goals, and a keynote luncheon on How Women Negotiate by Stanford University Professor Margaret Neale. We also launched formal women's mentoring circles. 2. A full-day women partner's conference scheduled a day before our annual partner retreat. This conference was the product of many women partners feeling that a session of one or two hours during the partner retreat was not enough time to fully discuss challenges and opportunities and develop action plans. This full-day conference included a workshop on Succeeding in A Male Dominated World led by Verna Myers, a report from our Diversity Executive Committee, a discussion with our firm Chairman and CEO, Jay Zimmerman, a workshop on Differentiating in a Hyper-Competitive Legal Market with Shelby Rogers, and facilitated small group discussions. The feedback from women partners on this conference was overwhelmingly positive and we are planning to hold a similar conference at the partner retreat in 2014.

INITIATIVES SPECIFICALLY FOR OPENLY GLBT ATTORNEYS

Already Currently Not a Current Completed Addressing Priority

X Offer same-sex domestic partners the same benefits available to married individuals

X Increase the number of GLBT attorneys at the associate level

X Increase the number of GLBT attorneys at the partnership level

X Increase the number of GLBT attorneys in leadership positions

X Ensure that EEO and non-discrimination policies specifically address gender identity

Other (please specify): Bingham's Pride Network, Bingham's BRN for its LGBT lawyers, consists of internal leaders and executive sponsors who are members of the firm's leadership. Pride created working groups to address its main goals of: recruiting LGBT lawyers, cross-office integration, raising awareness for straight allies, LGBT pro bono efforts, business development and marketing. Pride meets quarterly via video conference. Bingham offers market-leading benefits to LGBT employees. Benefits include coverage for same sex spouses and domestic partners, transgender coverage (medical and mental health services, including hormone therapy, gender reassignment surgery and services otherwise considered cosmetic) and "grossing up" compensation to help offset the additional taxes that employees in same-sex relationships are subject to when enrolled in health insurance. Bingham provides adoption and surrogate assistance and FMLA leaves for employees to care for X X domestic partners and same-sex spouses. Bingham is proud of having been mentioned in our 10th straight 100 Best Companies to Work For award from FORTUNE, we filed an amicus brief in Windsor v. United States on behalf of nearly 300 employers arguing that treating employees whose marital status is inconsistent in state and federal designations posed an undue burden on businesses. We continue working on pro bono cases focused on LGBT rights issues in 2014 and look forward to more successes. We have a robust Diverse Lawyer Mentoring program that includes LGBT lawyers in our Washington, D.C. and Northern California offices, with plans to roll out to Boston, Southern California, and New York by the end of the summer 2014. We are planning our bi-annual retreat for LGBT lawyers scheduled for Sept 2014. Bingham received 100% on the Human Rights Campaign's Corporate equality index in 2013 - our 7th straight perfect score and we continue to support the broader LGBT community through sponsorships of organizations such as GLAD and Lambda Legal.

INITIATIVES SPECIFICALLY FOR ATTORNEYS WITH DISABILITIES

Already Currently Not a Current Completed Addressing Priority

Increase the number of attorneys with disabilities at the associate level

Increase the number of attorneys with disabilities at the partnership level

Increase the number of attorneys with disabilities in leadership positions

X Ensure that EEO and non-discrimination policies specifically address individuals with disabilities

Other (please specify): Bingham does not track the disability status of our employees. However, disability status is protected under our EEO policy. Bingham is dedicated to fostering a workplace environment that physically and professional supports our employees. To that end, our Employee Assistance Program provides all firm employees with additional medical, mental health and work-life resources beyond those covered in standard benefits to maximize the support available to them. We are proud to have signed on to the ABA's "Disability Diversity in the Legal Profession: a Pledge for Change." While we do not solicit disability status X X information from our employees, in 2013, we presented the business case for including disability status in our diversity initiatives to our Diversity Executive Committee and piloted a training called Working Disability to our firmwide Diversity Committee in early 2014. This training focused on ways to be supportive of people with a variety of conditions, disability etiquette, awareness of the cultures that emerge among people with disabilities, and how to offer assistance to people with different disabilities. We plan to roll out this training to our HR teams later in 2014 to continue raising awareness and allowing our teams to be proficient in the issues face by people with disabilities both in and outside the workplace.

Does your firm actively engage in initiatives to feed the diversity pipeline by encouraging minority students to consider law as a career and/or assisting them in pursuing such opportunities?

Participate in established pipeline programs, such as SEO, Legal Outreach, Prep for Prep or Street Law Fund scholarships for minority high school or college students Mentor high school or college students Participate in or host mock trial programs or career events Provide internships or employment to minority high school or college students Outreach to middle school students

Please discuss any additional efforts to reach out to diverse undergraduates, high school, middle school or grade school students. Bingham is active in the community and makes every effort to support diverse students, as our employees' participation in these programs demonstrates. Discovering Justice's Mock Trial program includes a partnership with Citizen Schools, a non-profit after-school organization that allows middle school students to gain a first-hand understanding of the law and the justice system, build confidence, critical thinking, writing, and public speaking skills. Power Lunch is a literacy and mentoring program run by Boston Partners in Education that pairs our employees with elementary school children to read together. We participate in the North Cambridge Catholic Corporate Work Study Program, a program that enables high school students to work one day a week and see the inside of a law firm. We offer pro bono legal services to the Harlem Chapter of Say Yes to Education. This commitment to the Say Yes children and their families to provide these services through high school maximizes the children's chances of academic success. Each year, inner-city middle school students from Heart of Los Angeles' (HOLA's) youth development program participate in a 12-week legal education program in which they learn about the court system and trial advocacy from Bingham's lawyers. The Boston office hires diverse undergraduate students through the Boston Lawyers Group summer internship program; the students are paired with a Lawyer and Partner mentor and exposed to many aspects of the law firm. In the San Francisco Bay Area, we partner with the SMART program, providing students with access to educational opportunities, personal experiences and social support services to foster academic excellence and community engagement. We provide community service and pro bono legal assistance to the SMART families. Each office also takes part in the Backpack Project, an initiative that provides socio- economically disadvantaged students with a new backpack filled with age-appropriate school supplies.

Does your firm annually recruit at any of the following types of institutions? Ivy League schools: Yes- Columbia University School of Law, Cornell Law School, Harvard Law School, University of Pennsylvania Law School, Yale Law School

Other private schools: Cardozo School of Law, Boston College Law School, Boston University School of Law, Catholic University of America: Columbus School of Law, Duke University School of Law, Fordham University School of Law, Georgetown University Law Center, George Washington University, Loyola Law School- Los Angeles, New England School of Law, New York University, Northeastern University School of Law, Northwestern University School of Law, Santa Clara Law, Stanford University School of Law, Suffolk University Law School, University of Chicago School of Law.

Public state schools: Yes- University of California at Los Angeles School of Law, University of California Berkeley School of Law, University of California, Hastings College of Law, University of Connecticut Law School, University of Maryland School of Law, University of Michigan Law School, University of Southern California School of Law and University of Virginia School of Law.

Historically Black Colleges and Universities (HBCUs): Yes- Howard University School of Law.

Diversity job fairs: Yes- Bay Area Diversity Career Fair; Boston Lawyers Group Job Fair; Georgetown Diversity Resume Collection; Los Angeles Area Legal Recruitment Association Diversity Networking Reception; National LGBT Career Fair (also known as Lavender Law); Northeast Black Law Students Association Job Fair; UCLA Diversity Reception; Western Regional Black Law Students Association Job Fair; and Vault/Minority Corporate Counsel Association Job Fair

Do you have any special outreach efforts directed to encourage minority law students to consider your firm?

Hold a reception for minority students Advertise in minority law student association publications Participate in or host minority law student job fairs Sponsor minority law student association events Firm lawyers participate on career panels at schools Outreach to leadership of minority student organizations Scholarships or intern/fellowships for minority students Other (please specify) Our Thurgood Marshall Fellowship honors the first African-American Justice to serve on the U.S. Supreme Court and a man who had a profound effect on the civil rights movement of the 20th century. Focused on increasing the representation of diverse lawyers in the field, this fellowship is particularly meaningful to us because Justice Marshall's son, Thurgood Marshall, Jr., is a partner in our D.C., office, having joined us after his own distinguished career in public service. Recipients receive a paid summer association position and a $25,000 fellowship. The internship is renewable for the third year of law school. At the University of Connecticut School of Law, we have the Bingham Diversity Programming Fund and the Scholarship Fund to provide scholarships and internships to support programs at the school designed to promote diversity in race, gender, ethnicity, religion and sexual orientation. The firm participates in a significant number of outreach efforts specifically geared to minority law students. These include the Lawyers Collaborative for Diversity Mock Interview Program, APABA Women's Forum/Panel, Columbia Law BLSA Gala, Columbia Outlaws Networking Reception, Harvard BLSA Spring Conference, Bay Area APA Conference, Harvard March Diversity Leadership Summit, BC Law Celebrating Diversity Reception, Catholic University Securities Law Diversity Recruitment Program, Harvard APALSA Conference, Boston Lawyers Group Mock Interviews, the New York LeGal Career Fair, BU APALSA Meet the Firms Night, George Washington University Law School's Annual GLBT & Affiliated Law Student Networking Reception, Law Raza Law Student Association Fellowship Awards and Dinner at UC Berkeley, UCLA Law Firm Diversity Reception, Washington Area Legal Recruitment Administrators Association Diversity Networking Event, Stanford Law Diversity Career Fair, UCLA's BLSA Solidarity Dinner and Los Angeles Legal Recruitment Association's Diversity Networking Receptions.

Do you have any programs specifically targeted at first-year students? We participate in numerous programs targeted at first-year law students including: Howard's 1L Mock Interview Program, Spring 1L Diversity Reception (DC), Harvard Law's Regional Market Mixers, Harvard Law's Problem Solving Workshop, Harvard Law's Ames Moot Court Competition,1L Boot Camp at BC Law, BU Law Business Conference, BC Law's Summer Survival Guide program, Georgetown 1L Law Firm Reception, Columbia 1L mock interviews, Cardozo Employer Forum, Fordham Law School's 2014 Career Social, NYU Dean's Breakfast, BCLT Spring Employer job Fair, UC Hastings' BLSA "Meet the 1Ls" Reception, Boston Lawyers Group's Charting Your Legal Future and Mentoring Programs, Boston College's Meet the Firm's Night, New York University's Annual Career Educational Fair, University of Connecticut's Fall Employer Preview Session and the University of Southern California's 1L Diversity Networking and Reception Event. Additionally, the firm's lawyers across many offices conduct mock interviews and participate on panels and in presentations as part of programs for 1Ls. We also host a Summer in the City event/reception for students between their 1L and 2L year.

ALL 2L SUMMER ASSOCIATES (2013) OFFERS MADE* (2013) * Summer associates who received an offer of full-time employment Men Women Men Women White/Caucasian 11 11 White/Caucasian 11 11 African-American/Black 1 1 African-American/Black 0 0 Hispanic/Latino 1 5 Hispanic/Latino 1 3 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 2 4 Asian 2 3 Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 0 Multiracial 1 2 Multiracial 1 2 Openly GLBT 4 1 Openly GLBT 4 1 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 16 23 Total 15 19

We do not track disability information We do not track disability information

OFFERS ACCEPTED* (2013) NEITHER ACCEPTED NOR DECLINED (2013) * Summer associates who accepted an offer of full-time employment * Summer associates who neither accepted nor declined an offer of full-time employment because of postgraduate clerkship/fellowship Men Women Men Women White/Caucasian 9 11 White/Caucasian 0 0 African-American/Black 0 0 African-American/Black 0 0 Hispanic/Latino 1 2 Hispanic/Latino 0 0 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 2 3 Asian 0 0 Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 0 Multiracial 1 2 Multiracial 0 0 Openly GLBT 4 1 Openly GLBT 0 0 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 13 18 Total 0 0

We do not track disability information We do not track disability information

LATERAL ASSOCIATE HIRES (2013) LATERAL OF COUNSEL HIRES (2013) Men Women Men Women White/Caucasian 4 6 White/Caucasian 7 1 African-American/Black 0 1 African-American/Black 0 0 Hispanic/Latino 0 0 Hispanic/Latino 0 0 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 1 2 Asian 0 0 Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 0 Multiracial 2 1 Multiracial 0 0 Openly GLBT 0 0 Openly GLBT 0 0 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 7 10 Total 7 1 We do not track disability information We do not track disability information

LATERAL PARTNER HIRES* (2013) NEW PARTNERS PROMOTED* (2013) * Both equity and non-equity * Both equity and non-equity promoted from associate or of counsel rank Men Women Men Women White/Caucasian 8 2 White/Caucasian 4 3 African-American/Black 1 0 African-American/Black 0 0 Hispanic/Latino 1 0 Hispanic/Latino 0 0 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 0 1 Asian 0 1 Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 0 Multiracial 1 0 Multiracial 0 0 Openly GLBT 0 0 Openly GLBT 0 0 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 11 3 Total 4 4

We do not track disability information We do not track disability information

NEW EQUITY PARTNERS* (2013) * Whether hired laterally or promoted from within Men Women White/Caucasian 12 5 African-American/Black 1 0 Hispanic/Latino 1 0 Alaska Native/American Indian 0 0 Asian 0 2 Native Hawaiian/Pacific Islander 0 0 Multiracial 1 0 Openly GLBT 0 0 Individuals with disabilities n/a n/a Total 15 7 We do not track disability information

What activities does the firm undertake to attract diverse attorneys?

Partner programs with women, minority, gay/lesbian or disability-focused bar associations Participate at diversity job fairs Attend events at diversity legal organizations Seek referrals from other attorneys Utilize online job services (e.g., MCCA Job Bank) Hire recruiting professional who specializes in identifying diverse candidates Other (please specify) Our Hiring Partners and regional Legal Recruiting Managers meet with recruiting agencies regularly, emphasizing with them not only the firm's commitment to the recruitment of diverse candidates, but also our expectation that they will include minority candidates in the slate for each open position. Additionally, the Director of Diversity and Inclusion is integrated into the firm's recruiting functions and processes, ensuring the firm's diversity and recruiting efforts are seamlessly collaborating. The firm's diversity efforts have been singled out by external sources such as FORTUNE's "100 Best Companies To Work For" and the Human Rights Campaign as significantly contributing to the firm's high rankings in the surveys; these results are regularly cited by applicants as reasons they sought employment at the firm. We also seek to access the lateral population, i.e. increasing the firm's visibility and engaging in strategic relationship-building and networking, by attending and sponsoring diversity related events and conferences, including: the National Lesbian and Gay Law Foundation, National Asian Pacific American Bar Association (NAPABA), Association of Latino Professionals in Finance and Accounting (ALPFA), National South Asian Bar Association (NASABA), Metropolitan Black Bar Association (MBBA), the Philippine American Bar Association Foundation (PABA) and the Leadership Council on Legal Diversity (LCLD).

Do you use executive recruiting/search firms to seek to identify new diversity hires (partners or associates)? Yes

If yes, are any of these executive recruiting/search firms women and/or minority-owned? Yes

If yes, list all women and/or minority-owned executive search/recruiting firms to which the firm paid a fee for placement services in the past 12 months: Avis Caravello, Swan Legal, Ryder Smith Legal, PengellyO'Neill Ltd.

A T T O R N E Y S W H O L E F T T H E F I R M I N 2 0 1 3

1ST-YEAR ASSOCIATES 2ND-YEAR ASSOCIATES Men Women Men Women White/Caucasian n/a n/a White/Caucasian n/a n/a African-American/Black n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total n/a n/a Total n/a n/a We do not release attrition information We do not release attrition information

3RD-YEAR ASSOCIATES 4TH-YEAR ASSOCIATES Men Women Men Women White/Caucasian n/a n/a White/Caucasian n/a n/a African-American/Black n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total n/a n/a Total n/a n/a We do not release attrition information We do not release attrition information

5TH-YEAR ASSOCIATES 6TH-YEAR ASSOCIATES Men Women Men Women White/Caucasian n/a n/a White/Caucasian n/a n/a African-American/Black n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total n/a n/a Total n/a n/a We do not release attrition information We do not release attrition information

A T T O R N E Y S W H O L E F T T H E F I R M I N 2 0 1 3

7TH-YEAR ASSOCIATES 8TH-YEAR PLUS ASSOCIATES Men Women Men Women White/Caucasian n/a n/a White/Caucasian n/a n/a African-American/Black n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total n/a n/a Total n/a n/a We do not release attrition information We do not release attrition information

OF COUNSEL NON-EQUITY PARTNERS Men Women Men Women White/Caucasian n/a n/a White/Caucasian n/a n/a African-American/Black n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total n/a n/a Total n/a n/a We do not release attrition information We do not release attrition information

EQUITY PARTNERS Men Women White/Caucasian n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Total n/a n/a We do not release attrition information

Please identify the specific steps you are taking to reduce the attrition rate of diverse attorneys.

Develop and/or support internal employee affinity groups (e.g., networks within the firm for minorities, women, gay/lesbian attorneys, or individuals with disabilities) Increase/review compensation relative to competition Increase/improve current work/life programs Adopt dispute resolution process Succession plan includes emphasis on diversity and greater inclusion of non-white men and women in firm leadership Work with diverse attorneys to develop career advancement plans Introduce diverse attorneys to key clients, including to lead engagements Review work assignments and hours billed to key client matters to make sure diverse attorneys, particularly non-white attorneys (i.e., minority attorneys, for whom research indicates a greater inclusion problem), are not being excluded: Strengthen mentoring program for all attorneys Professional skills development program for all attorneys Provide a gender-neutral parental leave policy that covers adoptions Other (please specify) Bingham monitors our departures on a quarterly basis. The firm looks for regional or firmwide trends in order to adapt our retention initiatives and/or develop new initiatives to promote the retention and development of our diverse lawyers. In addition to the many initiatives previously mentioned, Bingham's Diversity Committee changed from a chair- leadership model to an executive committee leadership structure composed of 12 partners. Four of these leaders comprise a working group focused specifically on the retention and development of diverse lawyers.

Does your firm have part-time/flex-time policies that permit attorneys (male or female) to work alternative schedules? Yes

What impact, if any, will the decision to work part time have on an attorney's ability to make a partner, or if already a partner, to remain a partner at your firm? The decision to work part time does not impact an attorney's ability to make partner. Under the firm's progressive part-time policy, the only impact the decision to work part time may have is the lengthening of the time to be eligible for partnership. The firm does have a number of associates who work part time, and over the past few years, five associates were promoted to partnership while working part-time. If a partner works part-time, that will have no effect on that partner's standing at the firm. How many current equity partners have worked part time, exclusive of maternity/paternity leave or short-term disability? 14

PART-TIME ATTORNEYS PART-TIME ATTORNEYS TOTAL NUMBER OF ATTORNEYS (2013) Men Women Total (full and part-time)

Associates 0 26 26 285 Of counsel 22 18 40 88 Non-equity partner n/a n/a n/a n/a Equity partner 1 4 5 329

F I R M W I D E C O M M I T T E E S 2 0 1 3

EXECUTIVE/MANAGEMENT COMMITTEE* HIRING COMMITTEE* * Attorneys on the Executive/Management Committee or equivalent * Attorneys on Hiring Committee or equivalent Men Women Men Women White/Caucasian 19 5 White/Caucasian 27 22 African-American/Black 0 0 African-American/Black 0 0 Hispanic/Latino 0 0 Hispanic/Latino 2 1 Alaska Native/American Indian 0 0 Alaska Native/American Indian 0 0 Asian 1 1 Asian 3 2 Native Hawaiian/Pacific Islander 0 0 Native Hawaiian/Pacific Islander 0 1 Multiracial 0 0 Multiracial 1 4 Openly GLBT 0 0 Openly GLBT 3 1 Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total 20 6 Total 33 30 We do not track disability information We do not track disability information

PARTNER REVIEW COMMITTEE* ASSOCIATE REVIEW COMMITTEE* * Attorneys on the Partner Review Committee or equivalent * Attorneys on the Associate Review Committee or equivalent Men Women Men Women White/Caucasian n/a n/a White/Caucasian n/a n/a African-American/Black n/a n/a African-American/Black n/a n/a Hispanic/Latino n/a n/a Hispanic/Latino n/a n/a Alaska Native/American Indian n/a n/a Alaska Native/American Indian n/a n/a Asian n/a n/a Asian n/a n/a Native Hawaiian/Pacific Islander n/a n/a Native Hawaiian/Pacific Islander n/a n/a Multiracial n/a n/a Multiracial n/a n/a Openly GLBT n/a n/a Openly GLBT n/a n/a Individuals with disabilities n/a n/a Individuals with disabilities n/a n/a Total n/a n/a Total n/a n/a We do not have this We do not have this

ATTORNEYS ON THE DIVERSITY COMMITTEE OR EQUIVALENT Men Women White/Caucasian 14 12 African-American/Black 1 1 Hispanic/Latino 0 2 Alaska Native/American Indian 0 0 Asian 0 5 Native Hawaiian/Pacific Islander 0 0 Multiracial 1 0 Openly GLBT 4 2 Individuals with disabilities n/a n/a Total 16 20 We do not track disability information

O T H E R L E A D E R S H I P R O L E S

Practice group/ Leadership positions (2013) U.S. office heads department leaders Committee leaders

Total number of positions 10 50 42 Number of such positions held by: Minorities 1 4 1 Women 4 6 6 GLBT attorneys 0 0 1 Individuals with disabilities n/a n/a n/a

We do not track disability information

Please provide information regarding all diverse attorneys who currently head offices, practice groups and committees. Enter responses in the following format: Attorney, Office location/Practice group/Committee (No. of attorneys in office/practice group/committee).

U.S. OFFICE HEADS How many offices does your firm have in the United States? 10 Minorities heading offices: Catherine Wang District of Columbia Office, (156) Women heading offices: Laurie Cerveny, Boston Office, (196); Carol Dillon, Silicon Valley Office, (25); Ella Foley Gannon, San Francisco Office, (71); Catherine Wang District of Columbia Office, (156) GLBT attorneys heading offices: [No response] Individuals with disabilities heading offices: We do not track disability information

PRACTICE GROUP/DEPARTMENT LEADERS Minorities heading practices: Catherine Wang, Telecommunications, Media and Technology, (20); Jiro Murase, Japanese Practice, (6); Satoru Murase, Japanese Practice, (6); Krystal Bowen, White Collar Investigations and Enforcement (16) Women heading practices: Catherine Wang, Telecommunications, Media and Technology, (20); Krystal Bowen, White Collar Investigations & Enforcement, (16); Susan DiCicco, FIRE-Lit, (118); Debbie Fischer, Labor and Employment, (12); Amy Kyle, Transactional Finance, (44); Ella Foley Gannon, Environmental, Land Use & Natural Resource, (29) GLBT attorneys heading practices: [No response] Individuals with disabilities heading practices: We do not track disability information

COMMITTEE LEADERS Minorities heading committees: Marshall Jr., Thurgood, Hiring Committee (63); Wang, Catherine, Diversity Executive Committee (36); Shimada, Charlene, Diversity Executive Committee (36) Women heading committees: Fischer, Debra L., Committee on Associates (33); Frost-Davies, Julia, Diversity Executive Committee (36); Gearns, Mary Gail, Hiring Committee (63); Foley-Gannon, Ella, Diversity Executive Committee (36); Kyle, Amy, Diversity Executive Committee (36); Wang, Catherine, Diversity Executive Committee (36); Shimada, Charlene, Diversity Executive Committee (36) GLBT attorneys heading committees: Bland, J. Goodwin, Hiring Committee (63) Individuals with disabilities heading committees: We do not track disability information

Diversity is a critical element of our culture, our business, our values and our success. By recruiting, developing, and promoting diverse legal talent, we have created a firm that is strong, energetic, dynamic, and creative, serving our clients across a broad swath of industries and geographies. Our Diversity Action Plan acts as a blueprint for targeting and measuring progress in specific areas across the firms' functions and populations. Our Diversity Committee is supported by full-time diversity staff, championed by firm leadership, led by an executive committee of partners and our Director of Diversity ensures diversity is both at the forefront and fully integrated into the firm's strategic goals. From pipeline programs that reach into middle schools encouraging talented students to consider a legal career; programming that supports diverse law students in achieving this goal (such as our Thurgood Marshall Fellowships) Bingham is committed to expanding opportunities in the legal profession. Once at the firm, Bingham Resource Networks, Diverse Lawyer and Women's Mentoring, and regular retreats for our LGBT lawyers and lawyers of color provide powerful support, connectivity, mentoring, and development avenues. Internal events (such as our Heritage Month celebrations), client events (such as JFK50 and Celebrating Women outlined below) enable all our attorneys and staff to share their knowledge and appreciation of diversity. Notably, our commitment to expanding our diversity efforts has increased, even in times of economic challenge, as we marshaled resources to enhance our Thurgood Marshall Fellowships and Diverse Lawyer Mentoring Programs. Other major accomplishments for 2013 include: • Diversity Leadership Trainings - we conducted diversity trainings for Management Committee members, Office Managing Partners, Practice Area and Practice Group Leaders, Workflow Coordinators and Hiring Committee Chairs. • IMPACT (Initiative by Multicultural Partners and Associates for Cooperation and Transformation) - is led by executive sponsors, non-member partners who are senior leaders at the firm, who act as the network's liaison to firm management and others in the organization. In 2013, the IMPACT group provided: o Role models, mentors and advocates for personal and professional growth o An information pathway to and from senior leadership o A referral source for top talent o A point of contact between our firm and the community IMPACT Retreat: In December 2013, we held our bi-annual IMPACT Group retreat including multicultural lawyers from domestic and international offices. Attendees heard from a panel of general counsels of firm clients who require diverse legal teams on their matters about why diversity is important followed by a lunchtime networking session. They participated in workshops related to their class levels and career goals, and heard from dynamic speakers NYU Professor Kenji Yoshino, and Verna Myers about the concepts of "covering" and bringing your "authentic self" to the workplace.

• Our fifth bi-annual Pride Network retreat, for LGBT lawyers, is in the planning stages and will be held in the fall of 2014. • Diverse Lawyer Mentoring Program - In 2013, the firm launched a pilot mentoring program for mid-level and senior lawyer of color associates in the New York office. Each diverse associate was paired with a senior partner mentor. The success of this pilot inspired other offices (Washington DC, Northern California, Boston, and Southern California) to launch programs designed for mid or junior level LGBT associates or associates of color by the end of 2014. The New York office's program will also enter its second phase to include LGBT and junior level associates in 2014. • In collaboration with the John F. Kennedy Library Foundation, Bingham presented JFK50: Justice for All, a 50th anniversary commemoration and celebration of the Kennedy presidency. Part of a two-year initiative, the program examined the core ideals that propelled the civil rights movement of the 1960s and continue to be of vital importance today. The first event was held on Jan. 18. 2012, at Lincoln Center, where a panel of distinguished leaders, moderated by Tom Brokaw, examined why diversity is key to increased productivity and how diversity strategies are critical for developing and retaining a workforce in a competitive global marketplace. The panelists included: Jill Abramson, executive editor of the New York Times; Kenneth Frazier, chairman and CEO of Merck; Thurgood Marshall Jr., partner at Bingham and principal at Bingham Consulting; Hilda Solis, U.S. Secretary of Labor; and Ronald Williams, retired chairman and CEO of Aetna and director of The Boeing Company, American Express and Johnson & Johnson. The second event was held on Nov. 15, 2012, at the Museum of Tolerance in Los Angeles. Journalist and author Eleanor Clift moderated this panel which included panelists: Kamala Devi Harris, attorney general of California; William Swanson, chairman and CEO of Raytheon Company; Hilda Solis, U.S. Secretary of Labor; Thurgood Marshall Jr., partner at Bingham and principal at Bingham Consulting; and Antonio Villaraigosa, mayor of Los Angeles. The event had a student-learning component, where 100 students from underprivileged areas in Los Angeles came to the Museum of Tolerance to learn more about the nation's civil-rights past and the movement's leaders. The third event took place on September 10, 2013 at the San Francisco Jazz Center in San Francisco. The event was hosted by Bingham Chairman Jay Zimmerman, and John Yang, a Peabody Award-winning correspondent with NBC News, moderated the discussion. Panelists included former U.S. Secretary of State Condoleezza Rice, NBA player and Stanford All-American Jason Collins, Chief Justice of the California Supreme Court Tani G. Cantil-Sakauye, Raytheon Chairman and CEO William H. Swanson, and Bingham partner Thurgood Marshall Jr. The panelists covered a range of diversity topics, including lesbian, gay, bisexual and transgender (LGBT) civil rights, the importance of giving students from all socioeconomic backgrounds equal access to quality education, establishing a workplace environment that focuses on respect, and the effectiveness of corporate-community partnerships in promoting diversity. Since 2005, we've been using the Celebrating Women series to host high-end client events for our women partners and their women clients. We are currently in the process of planning our next Celebrating Women event in Boston in May of 2014. In 2013, Bingham filed an amicus brief with the U.S. Supreme Court on behalf of nearly 300 of the nation's largest employers outlining the difficulties faced in having to treat married LGBT couples differently according to applicable state and federal laws. The oral argument was presented in March and on June 26, 2013; the section of the Defense of Marriage Act (DOMA) being opposed was struck down. The federal government is now required to recognize same-sex marriages for the purposes of tax, and inheritance benefits that are valid under state law. While proud of the explicit role our diversity efforts have played in our achieving such notable successes as being named one of FORTUNE's "100 Best Companies to Work For" for the past ten years straight, and achieving a perfect score on the Human Rights Campaign Foundation's Corporate Equality Index for the past seven years, our greatest achievement - and one we continually strive to better - is creating a stellar law firm where a strong sense of community, respect for every individual, and a commitment to personal and collective excellence, are the hallmarks of everything we do.