Diversity & the Bar by Patrice Casey

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A publication of the Minority Corporate Counsel Association

Emp ower ing pPeople. eople. Inspir ing Leadership.

Diversity Isn’t Downsizing plus A Look at HRC’s Corporate Equality Index 2008’s New Partners of Color Readers Respond to Financial Hardship

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2/23/09 2:29:06 PM

Notes From the Executive Director

Our Approach in Tough Times? Adapt and Thrive.

Photo by John Abbott Photography

he collapse of the U.S. economy is reverberating across all industries; its impact is felt from Wall Street to Main Street. No one is immune from its effects. Here at MCCA, we have been forced to cut programs and budgets. It isn’t easy, but we know that countless attorneys depend upon MCCA to be here as a conscience for the profession, reminding all of us that now is not the time to abandon the diversity progress that has been made over several decades of effort. Lately, I am frequently asked whether anyone still cares about diversity, given the many challenges all of us are facing. While I cannot pretend to know what’s going on outside MCCA’s own circles, I am hearing that, although most companies and law firms may have sliced their diversity budgets, it continues to be an important priority. My impression is that most continue to see value in investing in diverse talent, because it’s an investment in the organization’s future. Although times are hard, most simply are not willing to throw in the towel and quit. Many of these organizations also recognize that one of the most important investments we can make—to mentor one another—does not require a lot of money. It requires one’s interest and time, two assets that even this economy cannot strip away. In this issue, we take a look at the financial sector and hear how diversity programs are faring these days, and we recount what our readers have to say about how they are adapting to the economy. Now more than ever, MCCA appreciates the continued interest and support of our advertisers, our readers, and our stakeholders. It means a lot to hear that the work we do is still appreciated and valued, and we look forward to doing our very best to continue to serve you. DB

Veta T. Richardson

PUBLICATIONS STAFF Ceo and director of publications Veta T. Richardson Founder and publisher emeritus Lloyd M. Johnson, Jr. Managing Editor Robert C. Truhn II Editorial Assistant Joshua H. Shields Advertising Andre Sutton Iris Cooper

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Production coordinator Jay Poon Design/art direction EEI Communications Mcca® staff Jennifer Chen Peter Chin David Chu Donna Crook Brandon M. Fitzgerald Lori L. Garrett Connie Swindell-Harding Lacey Voss

Contributing writers Robert Falk Patrick Folliard Chana Garcia Francisco Ramos Jr., Esq.

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MARCH | APRIL 2009 VOL. 11, NO. 2

Features 16 Cover Story: Staying the Course

contents

In today’s turbulent economy, employers are using creative strategies to drive diversity by promoting low-cost diversity practices and developing in-house talent. By Chana Garcia Photo by John Abbott Photography

Cover: Anthony Greene, Jamison Insurance Group; Rebecca White, UBS Financial Services Inc.; and John Polanin, UBS Financial Services Inc. Photo this page: Anthony Greene, Rebecca White, and John Polanin MCCA thanks UBS Financial Services Inc. and Emily Arholekas for hosting the photo shoot for this issue, held at the UBS oﬃces in Weehawken, NJ, and shot by John Abbott Photography.

22 The Human Rights Campaign’s

Corporate Equality Index: Are You Prepared to Know the Score?

The Human Rights Campaign discusses its evaluation of the nation’s top businesses and law firms, and offers advice to organizations for maximizing their scores. By Robert Falk

26 Congratulations to 2008 New Partners of Color

MCCA acknowledges the lawyers of color who were promoted to partner in 2008.

Columns

Vocation/Avocation

Notes From the Executive Director 4

George E. Pruden II By Patrick Folliard

Reader Opinions on… Today’s Ailing Economy

Association Focus

Readers share their experiences in adjusting personally and professionally to the tough economic climate.

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Departments NALP—The Association for Legal Career Professionals By Francisco Ramos Jr., Esq.

Spotlighting

Movers & Shakers

Diversity News

Clarissa Cerda “Being First” By Patrick Folliard

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Production note: nameplate colors change per issue

MCCA® BOARD OF DIRECTORS

MCCA® LAW DEPARTMENT MEMBERS

Richard S. Amador Partner, Sanchez & Amador, LLP michelle banks Senior Vice President, General Counsel, Gap Inc. N. CORNELL BOGGS, III Chief Responsibility & Ethics Officer MillerCoors, LLC Clarissa Cerda General Counsel & Secretary, LifeLock, Inc. A. B. Cruz, III Executive Vice President, Chief Legal Officer & Corporate Secretary Scripps Networks Interactive, Inc. ANTHONY K. GREENE Director, Jamison Insurance Group William L. Hawthorne, III Vice President – Chief Diversity Officer & Deputy General Counsel Macy’s, Inc. Gary F. Kennedy Senior Vice President, General Counsel and Chief Compliance Officer, American Airlines, Inc. NANCY LEE Senior Vice President and Deputy General Counsel Marriott International, Inc. DON H. LIU Senior Vice President, General Counsel, and Secretary Xerox Corporation HINTON J. LUCAS Vice President and Assistant General Counsel DuPont Company ROBBIE E. B. NARCISSE Vice President, Global Ethics and Business Practices Pitney Bowes, Inc. THOMAS L. SAGER Senior Vice President and General Counsel DuPont Company Robin H. Sangston Vice President, Legal Affairs, Cox Communications, Inc. Kenneth S. Siegel Executive Vice President and General Counsel Starwood Hotels & Resorts Worldwide, Inc. Mary E. Snapp Corporate Vice President, Deputy General Counsel Legal and Corporate Affairs, Microsoft Corporation J. P. Suarez Senior Vice President and General Counsel Wal-Mart International lawrence P. Tu Senior Vice President and General Counsel, Dell, Inc. Robin H. Sangston Vice President, Legal Affairs, Cox Communications, Inc. Simone Wu Senior Vice President and General Counsel, XO Holdings Diane C. Yu Chief of Staff and Deputy to the President New York University

MCCA® acknowledges the financial support of its law department members. Their support has made this magazine and other MCCA research projects possible. 3M Company AARP Accenture LLP Altria Group, Inc. America Online American Airlines, Inc. American Express Company American Lawyer Media Aon Corporation Aramark AstraZeneca Pharmaceuticals Bank of America Boehringer Ingelheim Corporation Booz Allen Hamilton BP America Inc. Bristol-Myers Squibb Company Caraustar Industries, Inc. Cargill Inc. Catalent Pharma Solutions Catholic Healthcare West Chevron Corporation Choice Hotels International, Inc. CIGNA Corporation Colgate-Palmolive Company Compass Group, The Americas ConocoPhillips Consolidated Edison Co. of N.Y. Coors Brewing Company Coral Management, Inc. Cox Communications Credit Suisse First Boston LLC Deere & Company Del Monte Foods Corporation Dell Inc. DHL Express Diageo North America DuPont Eaton Corporation Eli Lilly and Company Entergy Corporation Ernst & Young Estée Lauder Companies Inc. Exelon Business Services Company Fannie Mae Federal Home Loan Bank of San Francisco Freddie Mac Gap Inc. Genentech, Inc. General Electric Company General Mills Inc. GlaxoSmithKline

Advertising For advertising inquiries, contact Andre Sutton, Incisive Media, 345 Park Avenue, NY, NY 10010; or email andre.sutton@incisivemedia.com. MCCA® Membership Please visit our web site at www.mcca.com for membership and other information. General Information and Address Changes Send your questions, complaints, and compliments to MCCA®, Managing Editor, Diversity & the Bar®, 1111 Pennsylvania Avenue, NW, Washington, DC 20004. Address changes should be sent to MCCA’s Director of Membership and Development at 1111 Pennsylvania Avenue, NW, Washington, DC 20004. Permissions and Reprints Reproduction of Diversity & the Bar in whole or in part without permission is prohibited. The Copyright Act of 1976 prohibits the reproduction by photocopy machine or any other means of any portion of this issue, except with the permission of MCCA. To obtain permission, contact: Robert Truhn, Managing Editor, 1111 Pennsylvania Avenue, NW, Washington, DC 20004. COPYRIGHT Copyright® 2008 by the Minority Corporate Counsel Association. Diversity & the Bar is published six times a year and is distributed to supporters of the association by MCCA, 1111 Pennsylvania Avenue, NW, Washington, DC 20004.

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March • April 2009

Graduate Management Admission Council H.J. Russell & Company Halliburton Harley-Davidson Motor Company Home Box Office Honda Manufacturing of Alabama, LLC Honeywell I4 Commerce Inc. IBM Intel Corporation International Paper Company ITT Corporation JC Penney Company, Inc. Johnson & Johnson JPMorgan Chase Bank NA JM Family Enterprises, Inc. Kaiser Foundation Health Plan, Inc. Kimberly-Clark Corporation Kroll, Inc. Law School Admission Council (LSAC) Leo Burnett Company LexisNexis Liberty Mutual Insurance Company Liquidity Services, Inc. Macy’s, Inc. Marriott International, Inc. Mary Kay Corporation MassMutual Financial Group McDonald’s Corporation Merck & Co., Inc. Merrill Lynch Microsoft Corporation Monsanto Company Morgan Stanley MV Transportation, Inc. National Grid Navistar, Inc. Newegg Inc. New Line Cinema New York Life Insurance Company Nike, Inc. Nsoro, LLC Nuclear Electric Insurance Limited NVIDIA Corporation Pacific Gas and Electric Company PepsiAmericas, Inc. PepsiCo. Inc. Pfizer Inc. Pitney Bowes, Inc. PPG Industries, Inc. Porzio Pharmaceutical Services, LLC

PRAXAIR, INC. Premier Media, Inc. Prince & Associates Prudential Financial Qualcomm, Inc. Quest Diagnostics Incorporated Rockwell Collins Rolls Royce North America Sage Publications, Inc. Sara Lee S.C. Johnson & Son, Inc. SDD Global Solutions Sears, Roebuck and Co. Sempra Energy Shell Oil Company Sodexo Sony Electronics, Inc. Starbucks Coffee Company Starwood Hotels & Resorts Worldwide, Inc. Sun Microsystems Sysco Corporation Taco Bell Corporation Target Corporation Tessera North America, Inc. The Boeing Company The Church Pension Fund The Coca-Cola Company The Dow Chemical Company The Vanguard Group, Inc. The Williams Companies, Inc. Time Inc. Toll Brothers, Inc. Turner Broadcasting System International Tyco International Inc. Tyson Foods Inc. UBS UnitedHealth Group USI Holdings Company Verizon Wal-Mart Stores, Inc. Warner Brothers Entertainment Waste Management Wells Fargo & Company Xerox Corporation XO Holdings, Inc. Yum Brands, Inc.

The information contained in this publication has been provided to the Minority Corporate Counsel A ssociation (MCCA®) by a variety of independent sources. While MCCA makes every effort to present accurate and reliable information, MCCA does not endorse, approve, or certify such information, nor does MCCA guarantee the accuracy, completeness, efficacy, or chronological sequence of any such information. Use of such information on the readers’ part is entirely voluntary and reliance upon it should be undertaken only upon independent review and due diligence. References herein to any commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise shall not constitute or imply endorsement, preference, recommendation, or the favor of MCCA. MCCA (including its employees and agents) assumes no responsibility for consequences resulting from the use of the information herein, or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or other data, including statistical or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. MCCA is not responsible for, and expressly disclaims and denies liability for, damages of any kind arising out of use, reference to, or reliance upon such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by MCCA with respect to such information. Copyright in this publication, including all articles and editorial information contained herein, is exclusively owned by MCCA and MCCA reserves all rights to such information. MCCA is a tax-exempt corporation organized in accordance with section 501(c)(3) of the Internal Revenue Code. Its tax ID number is 13-3920905.

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Reader Opinions

Reader Opinions on: Today’s Ailing Economy

The turbulent events of the last six months have been almost unprecedented in recent memory. Seemingly no sector of our economy has been left untouched by the cumulative impact of the mortgage, consumer credit, unemployment, and confidence crises (to name but a few) with which we have been faced. Some of your responses are featured in this edition of Reader Opinions; others will be posted online at www.mcca.com. Requests for anonymity were granted in publishing these responses. My partners and I see this as a time when our clients need us most. To that end, we have created a team of lawyers dedicated to counseling clients on the implications of the Federal TARP (“bailout”) program so clients can understand how this fastmoving and often confusing legislation affects, and possibly assists their bottom lines. The fi rm has also convened a committee of lawyers to focus on the legal implications of economic challenges our clients are facing. Th is committee has developed solutions for clients to issues as varied as buying back shares of underperforming stock from public shareholders, dealing with environmental concerns that arise when manufacturing plants are closed, preparing HR departments for the inevitable problems associated with layoff s, and matching cash-strapped businesses with private sector funding. Th is initiative is helping to keep our own personnel active and engaged while also providing valuable counsel to our clients.

I am eating out less. My Volvo SUV lease runs out in April. Instead of leasing or buying another car, I will be using my sister’s KIA (or is it a Hyundai??) for about a year, which she keeps in NY unused. My son turns 2 in February and we have cancelled his birthday party, which we had planned to have at an outside kiddie vendor location. Instead, we are having two mini-parties with less than 10 people each at my house. We have cancelled summer vacation plans, and instead are driving to the in-laws for a long weekend. The in-laws live in a popular tourist destination, so we will vacation there and not pay hotel. I am very busy at work, thankfully.

We are a 12-lawyer minority owned law fi rm that is soon to be a 15-lawyer minority owned law fi rm in light of an upcoming merger. In general, the difficult economic climate has not effected us, because we are primarily a litigation fi rm. While we have two partners who are transactional lawyers, one of those lawyers is a bankruptcy lawyer who has not seen any drop at all in his book of business. My company is on the rampage on cost-cutting, even though we are always cost conscious. Personally, I am avoiding all large ticket items, and evaluating each small expense, committing only to what must be done. Right now, no trips; minimal eating out; “shopping in my closet”. Skipped Christmas gifts with the spouse. None of this is because I have to on a personal basis, but with the downward economy, you never know. DB

MCCA thanks everyone who responded to this offering of Reader Opinions.

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March • april 2009

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Vocation/ Avocation By Patrick Folliard

vo-ca-tion /vo-ke-shun/ [voh-kay-shuhn] noun— a particular occupation, business, or profession; calling. George E. Pruden II

The goal of this column is to enlighten our readers about the private endeavors of attorneys who are part of the MCCA network. By examining lawyers and their work practices by day in contrast to the personal interests that they pursue outside of the office, it is our hope that this series of articles allows our readers to see the other side of lawyers who manage to pursue unique interests despite their demanding careers.

hroughout his campaign for the White House, Barack Obama made perfectly clear that basketball was his game of choice. Time and again, he took time to shoot hoops between speeches and squeeze in those “good luck” games on the days of primaries. After a tepid attempt at bowling, body surfing in the Pacific, and his helmeted bike ride along the shores of Lake Michigan, there was no mistaking where the president’s heart lay sport-wise.

Do you have an interesting pastime that you want to share in this space, or do you know other attorneys whose away-from-work activities might be showcased in this column? Please send your recommendations to robtruhn@mcca. com, and we’ll consider your submissions for upcoming issues. Thanks!

George E. Pruden II

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In interviews, President Obama describes the ways in which his high-school basketball experiences taught him the importance of teamwork, and how he has translated those lessons into his political philosophy. With the commander-in-chief’s favorite pastime well-established, one wonders: When will he upgrade that outdoor half-court on the grounds of his new home? Basketball can be said to be “the new golf” in Washington, and George E. Pruden II, a senior counsel for the U.S. Department of Justice’s Office of Justice Programs (OJP), could not be happier. When Pruden says basketball has been, and continues to be, a big part of his life, he does not exaggerate: A lifelong player, Pruden is currently listed on the roster of two different teams and officiates at both boys’ and girls’ high-school games throughout the D.C. metro area. A referee for 22 years and an attorney for longer, Pruden’s style is to strive for resolution with as little conflict as possible: “When I’m involved in litigation or something deemed equally adversarial, I like to make my point without going for the throat. I take that same tack when officiating. My belief is to respect the players,

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Louie Escobar, LSC | Digital Imaging

coaches, and spectators, and in turn they’ll respect me. Over the years, this has worked most of the time; as I get older, it seems to prove even truer. “You want people to understand your call, but you don’t want to spend all day explaining it to them,” he adds. “It’s also important to know the rules. There are rules in basketball and law that you just have to learn; there is no substitute.” Pruden remains inspired by the D.C. area communities’ unceasing support for youth and high-school basketball programs. He is motivated by the dedication of everpresent parents who never miss a game and are happy to drive the players to wherever they need to be. He also draws strength from the example of many coaches (some of whom Pruden describes as being eligible for sainthood) who routinely give of time and sometimes money— and frequently serve as parental figures to many of their players. “In general, referees need to maintain some distance from players,” explains Pruden. “Nevertheless, I do help to foster good relationships between players and coaches, and do my best to keep players from opposing teams sane on the court. I see myself as a teacher, and a big part of what I do is to educate about basketball—you’d be surprised just how many coaches don’t know all the rules of the game—but also to impart the enduring importance of teamwork and good sportsmanship to the players.”

Pruden closely watches the action on the court.

He continues, “Refereeing gets pretty intense at times—parents can be more argumentative than players—but it’s worth it.” Not only does it keep him off the couch—in a typical week, Pruden referees three or four games and plays in just as many, sometimes more—but it also makes him a better player. “Refs,” he notes, “acquire a superior understanding of the game.” When not on the court, Pruden can be found at the OJP in Washington, D.C., serving as legal advisor to the Community Capacity Development Office and

the Office for Victims of Crime, and providing legal advice on the many programs funded by these two offices. “A lot of what we do is related to billions of dollars of grant work. We fund almost all aspects of our country’s criminal justice system: victims, police, courts, and corrections. Also, we litigate discrimination cases before the Equal Employment Opportunity Commission, and train agency managers and executives on how to avoid having discrimination cases filed against them.” Additionally, Pruden serves as the principal legal advisor for March • April 2009

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Vocation/ Avocation the Freedom of Information Act (FOIA) officer, considering what information is subject to release and fielding requests from adamant writers, reporters, and the public in quest of agency documents. Under the Obama administration, Pruden expects to see a loosening of strictures that will result in a government that is more open and transparent. “On his second day in office, President Obama put out the word that his philosophy with FOIA was to release, whereas the Bush administration’s stance was not quite as sweeping,” states Pruden. “Without good reason to do otherwise, we will now be inclined to release.” Prior to his current tenure with OJP, Pruden spent six years as general counsel of the Court Services and Offender Supervision Agency (CSOSA) for the District of Columbia, a position which he describes as his dream job at the time. A federal law enforcement agency created under the Clinton administration, CSOSA gave Pruden the opportunity to flex both his legal and public administration muscles, supervising more than 26,000 defendants and offenders on pretrial release, probation, or parole in the District. At CSOSA, Pruden not only oversaw the development of the legal office and played an integral role in its certification as a federal agency, but also, in his words, “enjoyed the opportunity for me to help a 14 DIVERSITY & THE BAR®

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av-o-ca-tion /ævoke-shun/ [av-uh-kayshuhn] noun—something a person does in addition to a principal occupation, esp. for pleasure; hobby. population composed primarily of African American men to do better.” As a career federal government employee, Pruden was the first African American attorney to work in a supervisory capacity in the Federal Bureau of Prisons’ general counsel’s office, where he was an associate general counsel and the ethics officer. Pruden was the first African American attorney to reach a GS-14 (the second-to-highest rating on the federal government’s general schedule) in 1989, and later became the first African American attorney to reach GS-15. “I’ve witnessed a lot of change,” reflects Pruden. “I’ve been the only minority in an office. It’s not always the best feeling, but it’s also something you don’t see in government anymore.” For Pruden, the word “government” holds no negative connotations: “Growing up in the segregated South, you couldn’t rely on people’s goodwill to make them

do the right thing. Very often, it took the government and the courts to make things right. I’m a firm believer that the government can do, and often does, a lot of good—and that attorneys working in government agencies play a big role in that.” Soon Pruden will be eligible for retirement, but depending on how things go, he may just stick around. He says, “I like our new president—not only because he prefers basketball to golf—but I think he can do a lot of good for government and the American people. For this reason I might stay on longer at OJP than I otherwise might have.” And just how long will Pruden remain a fixture on the court? “That’s something I’ll do until I drop,” says Pruden without missing a beat. “Basketball is my way of staying connected.” DB Patrick Folliard is a freelance writer based in Silver Spring, Md.

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Staying the Course In today’s turbulent economy, employers are looking to creative in-house strategies to drive diversity. By Chana Garcia

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he deepening financial crisis may be causing Wall Street to tighten its purse strings, but it seems as if workplace diversity is still good for business. For more than a year, corporate spending has come under increased scrutiny as firms look to cut costs. And in a post-bailout economy, all areas of business operations are feeling the pinch. Despite having fewer dollars for diversity initiatives, however, many in the financial industry are working hard to maintain legal departments built around inclusion. They’ve just gotten more strategic in how to go about it. Rather than footing the bill for one-day diversity seminars and pricey off-site summits, corporations are increasingly relying on more innovative, low-cost measures to promote their diversity practices. At UBS, that commitment has led to hosting lunch-and-learns, supporting the activities of affinity groups, conducting webinars, and holding in-house

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speaker series featuring the company’s diversity leaders. “We have vibrant employee networks that are very active,” explains Rebecca E. White, managing director, senior counsel, and head of corporate legal at UBS Investment Bank. “We have All Bar None, which is the women’s network; a cultural-awareness network; LEAD for employees of African descent; the Pride Network, a forum for discussion of lesbian, gay, bisexual, and transgender [LGBT] issues; and Working Parent Network, the most recently established [group]. And what we’ve found is that ongoing employee engagement with those networks is more important than ever now in this challenging business environment.” Indeed, after a long, brutal year that witnessed the fall of Lehman Brothers, the Bear Stearns buyout, AIG’s near collapse, and the Citi/Wells Fargo battle over Wachovia, the financial-services landscape has been forever changed. Amid budget cuts, suspended 401(k) matches, and negative growth, managing a workforce is critical. It’s a reality that prescient companies aren’t taking lightly. “Clearly, people are concerned about jobs and about how compensation will be affected, and they’re looking for leadership,” notes White, who is active in driving the legal and compliance department’s diversity initiatives worldwide. “We’ve held town halls with company managers to reassure people, and to let them know what direction the firm is taking. When employees have access to senior leadership, it makes them feel invested.”

Recruiting During a Downturn With the tremendous amount of restructuring taking place in the financial sector, hiring has slowed considerably, leaving those who spearhead diversity efforts at a crossroads. How can they improve minority, women, and LGBT representation in their company’s law department at a time when overhead is clearly an issue? During the first quarter of 2009, 82 percent of large financial institutions plan to make no change at all to the size of their workforce, according to the

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Robert Half International Financial Hiring Index, a national survey of chief financial officers at accounting and financial companies.1 That’s good news for those already at corporate legal departments. But with so few companies seeking new hires, the prospects seem dour for others who may have been sidelined after last year’s string of “shotgun mergers.”

“We never stop looking for talent, during stronger or weaker economic climates, especially diverse attorneys.” —Heidi Stam Not entirely, posits Anthony Greene, a director at Herbert L. Jamison & Co. LLC, an insurance brokerage with offices in New York, New Jersey, Florida, Illinois, and Washington, D.C. “There’s going to be a new approach to regulating the financial-services industry, which will create opportunities in risk management and risk litigation,” he explains. “That’s not a space where I see a lot of women and minority employees today. The extent to which they are proactive and go after opportunities is going to make a difference. Now is the time to network and take advantage of what’s coming.” Heidi Stam, managing director and general counsel of Vanguard, agrees, noting that talented diverse candidates will continue to be sought after by companies navigating the current downturn and those looking beyond it. “We never stop looking for talent, during stronger or weaker economic climates, especially diverse attorneys,” Stam shares. “We take a long-term view. We expect to come out stronger and more competitive.”

Maximizing Diverse Talent In the interim, Vanguard, like most firms these days, is concentrating its diversity efforts on employee

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Staying the Course development and retention. At the core of this effort is the company’s much-touted professional mentoring program, in which more than half of all participants are women or from a diverse racial or ethnic background. “A lot of what makes it easy to have a great diversity initiative isn’t really costly at all,” explains Stam, who, as a member of Vanguard’s senior executive team, is actively involved in the company’s diversity programs. “Are you providing opportunities? Promoting inclusion? Developing talent? That’s all done with good managers. If you’re not mentoring diverse talent, you’re not being successful.” In today’s tough business environment, an effective internal mentoring program is proving to be a firm’s greatest asset in fostering an inclusive corporate culture. The ubiquitous and oft-cited “diversity training,” while valued as a larger company objective, is far too abstract for many employees, according to research presented in MCCA’s report Mentoring Across Diﬀ erences: A Guide to Cross-Gender and Cross-Race Mentoring.2 Most employees are looking for a more personal, one-on-one experience through mentoring that lets them interact more closely with higher-ups. “In the legal and compliance department, we’re developing a formal mentoring program, with a particular focus on minorities and women,” White shares.

Photo by John Abbott Photography

“It’s important because there will be a light at the end of the tunnel, and firms will have to demonstrate that they are best in class, that there is a meritocracy, and that they’re great places to work.” Corporate mentoring also serves as a strategic avenue for advancement. It not only gives diverse employees more visibility, but also allows them to build relationships and increase their spheres of influence on the job. “In this environment, we’ve got to make talent. Why not look right here?” questions John Polanin, head of compliance for wealth management US at UBS Financial Services, where he also chairs the diversity committee for the legal and compliance division. “We get our managers to nominate people of diverse backgrounds and partner them with senior members. They talk about how to succeed at UBS, or how to succeed as a compliance officer or a lawyer. The mentors get a sense of what matters to the rank and file, which helps them be better mangers. It’s an investment we think is well worth it.” This diversity mentoring program is in its second year, and has been expanded to include lawyers and compliance officers stationed in the branch network in addition to the home office, which is “yet another dimension of diversity,” Polanin adds. Other big names in financial services have also created programs to cultivate in-house talent. For instance, Merrill Lynch’s Management Readiness Program is designed to prepare junior-level employees for management roles. Morgan Stanley is committed to developing its next generation of leaders through its minority and women business exchanges. Goldman Sachs’s corporate mentoring program provides resources and guidance for those looking for career-management strategies.

Essential to the Mission Much of the conversation surrounding diversity has focused on its return on investment, and how to measure that benefit effectively. In the past, some diversity efforts involved little more than filling quotas. The problem with that approach is that numbers don’t ensure inclusion at all levels of an organization. Moreover, they have

Anthony Greene, Rebecca White, and John Polanin

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little to do with whether corporations create environments that are welcoming to diverse populations. As early as 1999, experts had estimated that 70 percent of all new entrants into the workforce would be women and minorities.3 And many studies link inclusion programs to retention and sustained leadership development, essentially cementing the business case for diversity.4 Today, it would be difficult to identify top-level managers who aren’t pushing for structures, procedures, and policies to be implemented that will hard-bake diversity and inclusion into their corporate cultures. Nevertheless, the challenges of managing diversity exist just below the surface, from getting staff buy-in to increasing representation in the C-suite. Those challenges are compounded during a tumultuous economic period, as diversity leaders find themselves charged with having to address employee uneasiness and, consequently, low morale. “Within my department, we have adapted our diversity programming to reflect the current environ-

ment,” Polanin notes. “We have quarterly panel discussions to talk about different job profiles and to answer employees’ questions. In the past, we’ve had people talk about doing international assignments and transitioning into other departments. This year, those may not be as relevant as a discussion on finding the next career opportunity or managing your career long-term. “We believe that through regular meetings, employees will feel like they are part of the process, and not like we are just going through the motions,” he continues. “If people see that we value diversity in a down market, then we hope to retain their loyalty in an up market.”

Maintaining a Competitive Advantage By incorporating diversity practices into their long-term business goals, organizations have the added advantage of leveraging what their employees bring to the table.

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Staying the Course With nearly 46 percent of the revenues of S&P 500 companies coming from outside the United States,5 having a workforce composed of people with varied experiences and perspectives is a smart business move. “As the leadership of the corporate world changes, human nature remains the same,” states Glenn B. Fischer, vice president of wealth management at Smith Barney. “We gravitate toward those who show us empathy and those who we feel understand us. Often, having a cultural connection is that difference between a new client and a missed opportunity.” The challenge for the truly competitive company, then, is determining how to enhance its diversity footprint in an ever-expanding global marketplace— and, for the near future at least, doing so in a turbulent economic cycle. As companies brace for a bumpy ride ahead, Greene believes it’s important for diverse employees to

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recognize the ways in which they can contribute to the success of their organizations. “At the root of diversity is having diversity of thought to solve problems,” Greene explains. “Minorities and women bring a unique set of perspectives and experiences as firms are setting their strategic direction. There will be structural changes, and firms will be moving into new lines of business. Smart organizations are going to value a workforce that can bring new and different ways of doing things, and that will be at the root of competitive advantage over the next few years.” Just how much damage the roiling financial markets will leave in their wake remains to be seen. But as companies re-evaluate their priorities, it’s clear that instead of abandoning diversity initiatives for the sake of their bottom line, many recognize that diversity is the key to improving it. “Once we emerge from this financial crisis, it’s going to be critically important that we have the right

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talent in place and are poised to succeed,” White concludes. “There is absolutely no question that we’re going to have to be ready to leap on whatever the next boom area is, with a diverse workforce raring to go.” DB Chana Garcia is a freelance writer and editor based in New York City.

Notes 1. See Robert Half Management Resources, Press Release, CFOs Plan Modest Financial Hiring in First Quarter: Survey Finds Most Active Hiring Projected at Largest Companies, (Dec. 2, 2008), available at www. roberthalfmr.com/PressRoom?id=2363. 2. See Mentoring Across Differences: A Guide to Cross-Gender and Cross-Race Mentoring (2003), available at www.mcca.com/index. cfm?fuseaction=page.viewpage&pageid=666. 3. See Federal Communications Commission, Career Advancement Subcommittee of the Advisory Committee on Diversity for Communications in the Digital Age, Workplace Diversity: A Global Necessity and an Ongoing Commitment (June 14, 2004); Howard N. Fullerton Jr., Labor Force 2008, U.S. Bureau of Labor Statistics

Monthly Labor Review (November 1999), available at www.bls. gov/opub/mlr/1999/11/art3full.pdf; Hewitt Associates, Preparing for the Workplace of Tomorrow (February 2004), available at www. hewittassociates.com/_MetaBasicCMAssetCache_/Assets/Articles/ workforce_tomorrow.pdf. 4. See, e.g., Cedric Herring, Does Diversity Pay? Racial Composition of Firms and the Business Case for Diversity (December 2005), available at www.allacademic.com/meta/p_mla_apa_research_ citation/1/0/1/7/9/p101792_index.html; Catalyst, The Bottom Line: Connecting Corporate Performance and Gender Diversity, available at www.catalyst.org/file/44/the%20bottom%20line%20 connecting%20corporate%20performance%20and%20gender%20 diversity.pdf; see also Nancy Doolittle, Diversity in leadership makes an impact on the bottom line, Cornell professor says in NYC panel discussion, WorkLife at Cornell, Office of Human Resources, Cornell University (June 28, 2007), available at www.ohr.cornell.edu/ commitment/publications/Jobs_Articles/WorkLife_Diversity_ Leadership.pdf. 5. See MarketWatch, Secrets of the S&P 500 (April 6, 2007), available at articles.moneycentral.msn.com/Investing/InvestingForIncome/ SecretsOfTheSP500.aspx. See also Paul J. Lim, Company Profits May Soar on a Tail Wind From Abroad, U.S. News and World Report (July 8, 2007), available at www.usnews.com/usnews/biztech/ articles/070708/16earn.htm.

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The Human Rights Campaign’s Corporate Equality Index: Are You Prepared to Know the Score? By Robert Falk

I 1.

t’s time for a pop quiz. Please open your favorite word processor and record your answers to the following questions. Please begin: What is the most widely read publication by members of the lesbian, gay, bisexual, and transgender community, and probably reaches many of your clients?

What percentage of AmLaw 200 law firms participated in the Human Rights Campaign’s Corporate Equality Index last year?

What percentage of Fortune 500 companies participated in the Human Rights Campaign’s Corporate Equality Index last year?

How did your employer score on the Corporate Equality Index?

That’s it. Please remove your hands from your keyboards. Class, how are we feeling about the quiz? Oh, you want to have a bit more of a review before the final exam? That’s fine. Here we go.

The Basics of Rating Businesses on Their Policies Toward LGBT Employees

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The Human Rights Campaign (HRC) is the nation’s largest advocacy organization dedicated to improving the lives of lesbian, gay, bisexual, and transgender (LGBT) individuals. The organization has more than 725,000 members and supporters around the country. Its publication Equality, with

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an annual circulation of almost 1.3 million issues, is the most widely read LGBT title in the nation. With daily video updates, newsletters, a daily blog, and 56 million email updates per year, HRC has positioned itself as one of the chief news sources for LGBT consumers and business people in the United States. The Human Rights Campaign Foundation (HRC’s 501(c)(3) educational arm) administers the annual Corporate Equality Index (CEI) and the Best Places to Work survey. Released each fall, the CEI provides an in-depth analysis and rating of large U.S. employers with regard to their policies and practices pertinent to LGBT employees, consumers, and investors. First created in 2002, the CEI rates employers on a scale of 0 to 100% based on several key criteria that define corporate social responsibility in this area. In that first year, the CEI rated 319 companies, of which 13 rated 100%. By 2008, those numbers had grown to 583 businesses rated and 260 with perfect ratings. Since 2006, HRC has made a concerted effort to reach out to large law firms. By 2008, 115 of American Lawyer magazine’s top 200 law firms were rated, 62 of which earned a 100% rating, and an additional 45 firms scored 80% or better. Of Fortune magazine’s 500 largest corporations, 272 were rated, 120 of which earned a 100% rating; of the 100 largest, 52 of the 82 participants earned a 100% rating. For major law firms and corporations, inclusive and fair practices for LGBT employees have increasingly become the norm.

The Value of Participation In-house counsel report that they do pay attention to ratings when evaluating firms under consideration for their business, and HRC-rated law firms report that they receive positive feedback from their clients. Wayne Sobon, associate general counsel and director of intellectual property for Accenture, reports that it’s extremely helpful that the CEI has been expanding the ratings of major law firms. “As a signatory to the Call to Action, Accenture is committed to diversity,” he explains. “The CEI report is a tool that will help us examine where our existing legal vendors stand. It will also allow us to approach those firms who have room for improvement, so we can open up the dialogue

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around opportunities for advancement.” Charlie Berardesco, senior vice president and general counsel of Constellation Energy Group, reports that, as a matter of course, he looks at the CEI annually to see the scores earned by the firms that he uses on a regular basis. For him, a law firm’s commitment to diversity is a factor that he considers in determining whether to engage a firm in the first place, or whether the firm receives referrals for new matters. Other in-house law departments use the CEI as a tool for initiating dialogue with their outside counsel. Phillip Wells, senior vice president and general counsel of the Compass Group, relates that in his annual review of the CEI, he noticed that one of the national firms with which his company did a great deal of business scored poorly on the CEI. Upon further research, he also found the firm rated poorly for issues affecting women and other minority groups. He called the engagement partner at the firm and expressed his extreme concern regarding their performance. Within three years of that conversation, the firm dramatically improved its score on the CEI and other measures of diversity. Wells states that the CEI will be one of the metrics that his company will use in evaluating outside firms in 2009, and in holding them accountable for results. Some in-house counsel use the CEI for evaluation purposes. Kent Crowl, senior legal counsel and co-chair of Shell Oil Company’s diversity council, explains, “We will be using the CEI this year as part of our diversity conversation with our outside counsel. The CEI gives us a readily available metric on how our vendors our doing in this arena, how they are doing in comparison with their competitors, and how much they value inclusiveness. Given that Shell scored 100 on the CEI, we are interested in law firms that share our values.” Barbara Berish Brown, chair of Paul Hastings’ Washington, D.C., office, notes that her firm participates in the CEI because diversity is an important part

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HRC’s Corporate Equality Index c.

of the firm’s culture and it helps her firm attract and retain exceptional attorneys. She states, however, that she is “always pleasantly surprised when my clients come to me and express their appreciation for our 100% score. It shows that they are paying attention to the CEI report.”

Taking the Participation Step Who Can Participate? Businesses with more than 500 full-time employees are eligible to participate in the CEI. For law firms, this includes partners, associates, and other full-time employees. In March of each year, HRC reaches out to more than 1,500 businesses (including the AmLaw 200 law firms) by both email and regular mail, and invites them to participate in the annual survey process. The survey is conducted entirely online, and firms can create drafts of responses, store them, and release them at later dates. Firms that have not received a formal invitation to participate, or firms that are concerned that they have not yet been contacted to participate, may send an email to CEI@HRC.org to get more information about how to participate.

How Are Firms Rated? Firms are rated on their policies and practices in six different areas. The CEI tracks the following categories and their associated points. 1. The Employer has a Non-Discrimination Policy and Conducts Diversity Training with respect to Sexual Orientation a. Equal Employment Opportunity policy includes sexual orientation (15 points) b. Diversity training covers sexual orientation (5 points) 2. The Employer has a Non-Discrimination Policy and Diversity Training with respect to Gender Identity or Expression a. Equal Employment Opportunity policy includes gender identity or expression (15 points) b. Gender identity diversity training oﬀered Or supportive gender transition guidelines in place (5 points)

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insurance includes access for transitioning individuals for at least one of the following categories: counseling by a mental health professional; pharmacy benefits covering hormone therapy; medical visits to monitor the effects of hormone therapy and other associated lab procedures; medically necessary surgical procedures such as hysterectomy; or short-term disability leave for surgical procedures (5 points) 3. The Employer Offers Domestic Partner Benefits a. Domestic partner health insurance (15 points) b. Domestic partner coverage for post-employment health, dental, vision, and legal dependent benefits parallel to those mandated under the consolidated Omnibus Budget reconciliation act of 1986 (cOBra) (5 points) c. at least three of the following other domestic partner benefits: Family Medical leave act-like leave; bereavement leave; employer-provided supplemental life insurance for a partner; relocation/travel assistance; adoption assistance; qualified joint and survivor annuity for domestic partners; qualified pre-retirement survivor annuity for domestic partners; retiree healthcare benefits; or employee discounts (5 points) 4. The Employer has a LGBT Employee Resource Group (15 points) (half credit is given if the firm would support a LGBT employee resource group with employer resources if employees expressed an interest) 5. The Employer Engages in Appropriate and Respectful Advertising and Marketing, or Sponsors LGBT Community Events or Organizations (15 points) 6. Employer exhibits responsible behavior toward the LGBT community; does not engage in action that would undermine LGBT equality (0 points) (Employers found engaging in activities that would undermine LGBT equality have 15 points removed from their scores.) Corporations or law firms with questions about establishing or evaluating best practices or policies do not need to conduct the work alone. HRC’s Workplace Project staff have worked with law firm diversity managers and partnership committees, as well as with LGBT attorneys, to develop fair policies at many of the nation’s most prestigious firms. Samir Luther, senior manager of HRC’s Workplace Project, reports that, although many law firms new to the CEI may be initially apprehensive about participating, those firms often become much more comfortable as a result of working with the HRC project team.

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The project has worked closely with in-house counsel at Fortune 1000 companies and AmLaw 200 firms alike to develop sample policies and guidelines that can be accessed directly from the web-based survey. The CEI project staff have extensive experience tailoring resources to a firm’s specific needs. Luther states, “Several firms have reached out to us later in the process to find that they may be ‘recreating the wheel,’ rather than improving it—we’re happy to meet firms where they’re at to provide an initial overview of the process, and how best to prioritize CEI criteria versus needs internal to the firm.” Firms may start the survey process in March, conduct a gap analysis, and implement new policies and procedures before the survey closes in June. Consequently, firms that are new to the CEI survey process can benefit from starting their plans early. For additional information about the HRC, the CEI, or other programs, please contact Samir Luther at cei@hrc.org. DB

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HRC’s website provides many helpful resources that can help firms get ready for the survey, including the following links.

• • • • • • •

A general overview of all resources with appropriate links: http://www.hrc.org/ issues/8055.htm The current 2009 CEI annual report: http://www.hrc.org/issues/cei.htm How to participate in the 2010 CEI survey (the process begins in March 2009): http://www.hrc. org/issues/cei_participate.htm Resources on domestic partner benefits: http://www.hrc.org/issues/domestic_partner_ benefits.htm Resources on transgender-inclusive benefits: http://www.hrc.org/issues/4815.htm Sample equal employment opportunity policies: http://www.hrc.org/issues/4850.htm Transgender Inclusion in the Workplace: http://www.hrc.org/issues/1561.htm

Robert Falk is the general counsel for the Human Rights Campaign and the Human Rights Campaign Foundation.

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Staying 2008 New the Minority Course Partners

Congratulations to Attorneys of Color Joining the Partnership Ranks in 2008 Diversity & the Bar is pleased to recognize the following minority attorneys who were promoted to partner in 2008. Their hard work and perseverance resulted in this career benchmark. Please join us in congratulating these new minority partners and the firms that employ them!

Adorno & Yoss LLP: Tacita A. Mikel Scott, Seth Persily, Peter Serrano, Osvaldo Torres, Kenneth Southall, Frances Suarez McKinney, Fernando Socol, Auma Reggy, Alonzo Llorens Allen Matkins Leck Gamble Mallory & Natsis LLP: Paul Obico, Monica Quinn, Alex Choi Alston & Bird LLP: S. H. Michael Kim, Nachael L. Bright, Kazuhiro Shimizu, *Yitai Hu, *Shiraz D. Tangri, *Samuel C. Taylor, *Lisa M. Gilford, *Jesse M. Jauregui, *Deborah Yoon Jones, *Brian A. Betancourt Andrews Kurth LLP: Jong S. Kim, Donna D. Kim Archer & Greiner, P.C.: Phil Cha Arnold & Porter LLP: *Vernessa Pollard, *Manish Agarwal, *Angel Garganta Baker & Hostetler LLP: Michelle D. Pector Boies, Schiller & Flexner LLP: Philip Bowman, Mike Huang, Luis Suarez, Kelly Yuan, Jack Simms Booth & Tucker LLP: Yvonne Barnes Montgomery Bowman and Brooke LLP: Roshan Rajkumar Bracewell & Giuliani LLP: Stephanie Song, *Michael Pegues Bryan Cave LLP: Staci Olvera Schorgl, George Chen Burnham Brown: Rohit Sabins, Derek Lim Cairncross & Hempelman, P.C.: Alice Wong Carlton Fields: Cristina Alonso, Penelope A. Dixon, Jason J. Quintero, *Walter J. Taché Chapman and Cutler: Willie Lewis, Walt Draney Crowell & Moring LLP: *Florence Prioleau, Brian Koide Davis Polk & Wardwell: Maurice Blanco Dewey & LeBoeuf LLP: Eridania Perez Dickinson Wright PLLC: Sherry O’Neal, Rhonda D. Welbum Dickstein Shapiro LLP: Salvatore P. Tamburo, Paul C. Sullivan, Divonne Smoyer, Christopher H. Wood, *Eric Fung, *Gina Hough, *Andrew Schifrin, *Christopher Hu, *Stacey Mobley, *Albert Wynn Dixit, Youn & Bahl, LLP: Neera A. Bahl Dorsey & Whitney LLP: Mandana Massoumi, JooRyung Kang, *Jay Kim Drinker Biddle & Reath LLP: *O’Kelly E. McWilliams III, *Gregory P. Miller, *Edmund D. Cooke Jr., *Darlene H. Smith Epstein Becker Green P.C.: Daniella D. Landers Fenwick & West LLP: Narinder Banait, Felix Lee, Andrew Kim, *Stephen Graham Finnegan, Henderson, Farabow, Garrett & Dunner, LLP: Steven L. Park, Sanya Sukduang, Lily Lim Fish & Richardson P.C.: William Sekyl, Todd Garcia, Rex Huang, Christian Chu Fisher & Philips LLP: *Sarah Hawk, *Shanon Stevenson, *Todd Fredrickson Foley & Lardner LLP: Rouget F. Henschel, Jonathan R. Spivey, *Sam L. Nguyen Ford & Harrison LLP: *Daniel Sulton Fox Rothschild LLP: *Phillip F. Shinn Friedman Kaplan Seiler & Adelman LLP: Mala Ahuja Harker Gibbons P.C.: *Fruqan Mouzon, *Clara H. Rho Gibson Dunn & Crutcher LLP: Y. Ernest Hsin, Julian W. Poon, Frederick S. Chung, Eduardo Gallardo, Aric H. Wu, Anne Lee Benedict, *George Brown Gonzalez Saggio & Harlan LLP: Philip S. Holloway, *Robert R. Furnier, *Rasheed A. Simmonds, *Kenneth A. Louard, *Angela K. Dorn Goodwin Procter LLP: Dahlia Fetouh, *Marc Jones, *Eric Reimer, *Eliot Hinds Greenberg Traurig, P.A.: *Chang Joo Kim, *Edward W. Lam, *Yong Wang, *Arturo Requenez, Rhonda D. Bond-Collins, Patricia L. Gannon, Amit Mehta, Deepro R. Mukerjee, Jonathan M. Perry, Chinh H. Pham, Israel I. Sanchez, Chris Torres Greensfelder, Hemker & Gale, P.C.: David W. Ybarra, *Kevin B. Duckworth Gruber Hurst Johansen Hail, LLP: *Tonya Parker Hanson Bridgett LLP: Jahmal T. Davis Hartwell, Schwabe, Williamson & Wyatt, P.C.: Darius L. Hartwell Hinshaw & Culbertson LLP: Wendy Chang, Chad Jennings, *Burke Lopez *indicates lateral promotion

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Holland & Hart LLP: Soraya Tabibi Aguirre, *Sheila D. Jones Hunton & Williams LLP: *Henry Talavera, Lowell W. Harrison, *Roland M. Juarez, Sean M. Beard, Yisun Song Jackson Lewis LLP: Thomas Santoro, Terri Freeman, Samia Kirmani, Pedro Torres-Diaz, Otieno Ombok, Nita Parikh, Jessie Marie-Jean Djata, Cara Ching-Senaha, *Raazia Hall Jackson Walker L.L.P.: Mark Fassold, Marcello Tamez, Chris Mugica, Alex Frutos, *Leonard Woods, *Greg Brown, *Arcie Jordan Jenner & Block LLP: *Eric S. Jackson, Darrick J. Hooker Jones Day: Maria Fernanda Farall-Shurman, Dickson Chin, Charmaine Slack, *Shahid A. Ghauri, Ruthie Nelson White, Pedro Jimenez, *Jose L. Patino, *Kevin B. Espinola, *M. Carter DeLorme, *Raymond H. Sheen, Paul C. Lin, *Jeffrey E. Gordon, Mauricio Paez, *Nora L. Gibson, Garfield Simms Katten Muchin Rosenman LLP: Stefan D. Baugh, David A. Pentlow, *Alais L.M. Griffin Keller and Heckman LLP: JeanCyril Walker Kelley Drye & Warren LLP: Pamela Bruzzese-Szczygiel King & Spalding LLP: Harold E. Franklin Jr. Kirkland & Ellis LLP: Yi Sheng, Sudwiti Chandra, Stephanie McCann, Sonali Shah Jindal, Kevin Morris, Jessica Sicsu, Hannah Kong, Bernard Taylor, Atif Khawaja, *Yong-Nam Jun, *Marla Tun Connelly, *Esha Bandyopadhyay Knobbe Martens Olson & Bear LLP: Lauren Keller Katzenellenbogen, Josué A. Villalta, Carol M. Pitzel Cruz, *Veronica Colby Devitt, *Melanie J. Seelig, *Mauricio A. Uribe, *Marlene J. Ford, *Maria L. Culic Anderson Laner, Muchin, Dombrow, Becker, Levin and Tominberg, Ltd.: Devlin J. Schoop Lawrence Beach Allen & Choi, PC: Jin S. Choi Lewis and Roca LLP: Lisa Wong Lackland Lim, Ruger & Kim, LLP: Richard D. Kim Liskow & Lewis, A Professional Law Corporation: Endya E. Delpit, Dana M. Douglas Littler Mendelson: Melissa J. Judd, Eugene Ryu, Antonio D. Robinson, *Walter C. Hunter, Stacey A. Campbell, *Ellen N. Sueda, *Alison N. Davis Locke Reynolds LLP: John M. Chavis II McDermont Will & Emery LLP: Tomoki “Tom” Tanida, Qian (Chen) Huang, Kumar Paul, *indicates lateral promotion

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Staying 2008 New the Minority Course Partners Han (Jason) Yu, George Colindres, Farah Bhatti, Christopher Lin, Arnold V. Pamplona, April Tabor McGuireWoods LLP: Adrienne Conrad McKenna Long & Aldridge LLP: *Dara Mann, *Janine Bowen, Shari Klevens, *Laurence Phillips, *Rupa Singh Meckler Bulger Tilson Marick & Pearson LLP: *Erika Dillon Mehaﬀ yWeber PC: Dawn Tezino Meyers, Nave, Riback, Silver & Wilson: Ruben Duran, James M. Casso Miller Law Group: Lisa Harnasaki Miller Nash, LLP: Hong N. Huynh Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P.: Eugene J. Radcliff Morgan, Lewis & Bockius LLP: Tony K. Mou, Lisa Tenorio-Kutzkey, David G. Bowman, *Sandra L. Phillips, *R. E. Cruz, *Mahendra N. Churaman, *Dino T. Barajas Munger, Tolles & Olson LLP: Maria Seferian, Manuel F. Cachán, Joseph J. Ybarra Neal, Gerber & Eisenberg LLP: *LaDale K. George Nelson Mullins Riley & Scarborough LLP: Kaymani D. West, *Albert A. Foster Jr. Nixon Peabody LLP: David Cheng Norris McLaughlin & Marcus, P.A.: Karol S. Robinson, Bryan Blaney O’Melveny & Myers LLP: Sung Park, Portia Ku, Noriko Sakai, Loretta Shaw-Lorello, Dhaivat Shah, *Huey Yann Thong Orrick, Herrington & Sutcliﬀe LLP: Juliano Banuelos, John Wang, Damon Pace, *Nancy Chen, *Angela Padilla Paul, Hastings, Janofsky & Walker LLP: Preston Ratliff, Kristin Chang Winckler, Jane Song Pillsbury Winthrop Shaw Pittman LLP: Rico Hernandez, Hakkyun Kim, Annie Huang, *Rafi Azim-Khan Pugh, Jones, Johnson & Quandt, P.C.: *Kathleen Pasulka-Brown Quarles & Brady LLP: Sara D. Vinarov, Edward A. Salanga, Dawn C. Valdiva, *Kevin E. Slaughter Robinson & Cole LLP: *George C. Springer Jr. Ropes & Gray LLP: *Michael Li-Ming Wong Rothgerber Johnson & Lyons LLP: S. Kato Crews, Eric V. Hall Saul Ewing LLP: Maurice A. Bellan Schoeman, Updike, Kaufman, & Scharf LLP: *Mary L. Smith Sedgwick, Detert, Moran & Arnold LLP: Robert Kum, *Moises Melendez, *Karen Ng, *Catalina Sugayan Seyfarth Shaw LLP: Kwame Benjamin, Kamili Dawson, Alex Drummond, *Harumi Hata, *Christa Dommers, *Amadeo Cantu Shook, Hardy & Bacon L.L.P.: Leonard Searcy, Jesse Camacho, Frank Cruz-Alvarez Squire, Sanders & Dempsey L.L.P.: Digna B. French, Alicia M. Choi Stroock & Stroock & Lavan LLP: Angie M. Hankins Stutzman, Bromberg, Esserman & Plifka, A Professional Corporation: Eun Yee (Andie) Chung Sullivan & Cromwell: Tracy Richelle High, Suhana S. Han, Robert Chu Sutherland: Marc Rawls, Ling Ling, Keith Barnett Thompson Hine LLP: *Ileana Martinez Vinson & Elkins LLP: Gillian A. Hobson Weil, Gotshal & Manges LLP: Yolanda Cornejo Garcia Wendel, Rosen, Black & Dean LLP: William C. Acevedo, Judith Tang, *Edwin Wilson Jr. White & Case LLP: *Shamita Etienne-Cummings, *Jennifer Yokoyama, *Bijal V. Vakil Williams Mullen: *Sangwon S. Kim, *P. Brian See, *Charles E. James Jr. Willkie Farr & Gallagher LLP: Mei Lin KwanGett Wilmer Cutler Pickering Hale and Dorr LLP: Tonya T. Robinson WilmerHale: Nader Mousavi, Monica Grewal, Mark C. Fleming, Gregory P. Teran, *Simone Yew Wilson, Elser, Moskowitz, Edelman & Dicker LLP: Jacqueline J. Harding Winston & Strawn LLP: Samuel Park, Marcus Hall, Jonathan R. Howden, *Simon C.M. Luk, *Maria C. Rodriguez, *Kit Choy Loke, *John S. Gibson, *Jarrett L. Fugh Womble Carlyle Sandridge & Rice, PLLC: Guanming Fang *indicates lateral promotion

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Association Focus By Francisco Ramos Jr., Esq.

NALP–The Association for Legal Career Professionals

James G. Leipold

Mike Gotham

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ince 1971, law students have relied upon the National Association for Law Placement (NALP) to learn about prospective employers and make the most of the coveted interviews they secure. In today’s challenging economy, students still rely on NALP to enhance their odds of landing a job. NALP still offers a sneak peek into firms and their operations, and arms students with the tools they need to make the most of the recruiting process. The organization’s mission identifies four core objectives: • To provide vision and expertise in research and education for legal career counseling and planning, recruitment, employment, and professional development; • To cultivate ethical practices and fairness in legal career counseling and planning, recruitment, employment, and professional development; • To promote the full range of legal career opportunities and to foster access to legal public interest and public sector employment; and • To advocate for diversity in the legal profession and in [its] membership. NALP was founded to create a forum for law students, law schools, and legal employers to discuss the recruiting and hiring process. The fledgling organization’s leadership recognized early on that a facilitating body was needed to help everyone speak on the same terms

and play by the same rules. NALP’s current executive director, James G. Leipold, emphasizes the organization’s role in developing and implementing fair and ethical rules of engagement in the recruiting process. “Our association first came together around the idea that law schools and legal employers should work together to foster ethical practices and fairness in legal career planning, recruitment, employment, and professional development,” he explains. “Non-discrimination was at the root of that historical mission, but NALP’s leadership on this front is far broader, providing guidance to its members that covers the entire range of ethical issues that can arise in the hiring setting.” NALP’s rules of engagement— as embodied by its Principles and Standards for Law Placement and Recruitment Activities—provide concrete guidance to law schools, job candidates, and employers about what is expected of everyone, and what each party should expect in return. The adoption and pursuit of these rules by all concerned have made the process more predictable, more civilized, and less discriminatory. NALP’s activities have promoted diversity not only by implementing rules that promote non-discriminatory hiring practices, but also by compiling information on law firms, which has helped keep firms honest about their own diversity efforts. According to the

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2008–2009 NALP Directory of Legal Employers, NALP’s annual compendium of legal employer data, the percentage of women and minority lawyers at law firms continues to increase, although the rate of change is very slow, and minority women continue to be dramatically underrepresented at the partnership level. This publication places a spotlight on firms, and reveals whether their actions live up to their pledges. Although NALP’s primary focus is not to promote diversity, it is clear that its broader focus includes a strong emphasis on diversity. As Leipold explains, “NALP has a long-standing commitment to diversity, and has a long

history as an advocate for diversity in the legal profession. Our research, publications, and educational efforts all support this commitment. And we are very excited about our legal diversity pipeline project that we have undertaken in partnership with the Street Law organization.” This initiative pairs NALP-member law firms with local high schools, and commits lawyers to teaching law-related topics in high school classrooms. In this way, the initiative fosters in these students the dream of pursuing a career in law. Mike Gotham, director of recruiting and retention at Perkins Coie and the current president of NALP, concurs with Leipold about

Calendar of Events 2009 Annual Education Conference April 1–4, 2009 Omni Shoreham Hotel, Washington, D.C. 2009 Diversity Summit June 5, 2009 Hyatt Regency Chicago 2009 Lawyer Development Institute June 25–26, 2009 Westin Grand Hotel, Washington, D.C. 2009 Professional Development Institute December 3–4, 2009 Mandarin Oriental Hotel, Washington, D.C. For more information on these and other events, please visit nalp.org/events.

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Association Focus NALP’s emphasis on diversity. “NALP has always made diversity in the legal profession a priority. It’s one of the association’s core objectives. The association has promoted diversity in a host of ways, [such as] providing opportunities for members to share ideas related to diversity recruiting and retention, highlighting best practices, and launching the diversity summit conference several years ago.” This diversity conference is an annual event designed to bring together hiring and managing partners, law school deans, and other legal

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professionals to exchange information about the challenges and innovations surrounding the issue of diversity in the legal employment arena. The organization recognizes excellence in diversity (along with seven other categories) through its Awards of Distinction program, which are presented at NALP’s Annual Education Conference. Additionally, NALP offers its members the opportunity to engage in a range of areas of interest through its sections, work groups, and committees. The association provides a variety of other programs and services, including public service initiatives; Internet-

based training and seminars; and a host of resources for professionals in the areas of career counseling, legal recruitment, and professional development. NALP continues its tradition of serving as an invaluable resource to law students. The information it provides helps even the playing field between firms and law students. On issues ranging from attrition to salaries to law firm demographics, NALP research reports remain a respected and vital resource. DB Francisco Ramos Jr., Esq., is a freelance writer and partner at the Miami-based offices of Clarke Silvergate Campbell.

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Spotlighting By Patrick Folliard

Clarissa Cerda “Being First”

ecently named secretary and general counsel of LifeLock, Inc., a leader in identity theft protection, Clarissa Cerda has spent most of 2009 settling into her new position. In addition to handling all of the company’s corporate governance and transactions, Cerda spends a significant part of her time strategizing litigation and meeting with outside counsel. As the privately owned company’s first-ever GC, she also continually assesses all of LifeLock’s legal matters, as well as its internal legal issues—no mean feat. “I come from a strong privacy and software licensing background,” notes Cerda, who for eight years was general counsel of Initiate Systems, Inc., a specialist in master data management solutions. “Although LifeLock and Initiate Systems are not alike in terms of industry, their models are not significantly different. In the identity theft profession, you’re dealing with customers’ personally identifiable information, and at Initiate Systems, we were responsible for matching, linking, and handling banking and patient data. So a lot of the regulatory landscape is very similar.” It helps that Cerda is well-versed in substantive areas like privacy, services, and strategic alliances. But what makes Cerda particularly well-suited for her current position, she believes, is her experience working with other hyper-growth companies prior to their initial public offering (IPO). “I’m used to being part of a senior executive team that leads and guides a company from one phase to the next,” explains Cerda. “Having acquired many subscribers and experienced hyper-growth in its three years as a company, LifeLock is now in one of 34 DIVERSITY & THE BAR®

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those phases, and I’m comfortable with being the person to help take us to the next step.” Clarissa Cerda According to family lore, as a very young teenager growing up in Chicago, Cerda was determined to one day be a corporate attorney, despite not knowing exactly what that entailed; neither she nor her parents had much exposure to attorneys outside of television. Nonetheless, the goal remained with her. Throughout her high-school years, Cerda worked as secretary and purchasing agent with steel companies at her father’s small manufacturing business in Chicago. (Cerda’s parents are immigrants. Her father is from Guadalajara, Mexico; her mother is from Havana, Cuba.) “While there, I noticed that because my father’s name was José he was sometimes treated differently by those we dealt with, and usually not positively,” recalls Cerda. “After Harvard [where she earned her bachelor’s degree in government], working as a paralegal in New York City, I noticed some of that same treatment towards women and minorities in the big law firms. Of course, a lot has changed, but not entirely.” She went on to law school—the first in her family to do so—carrying the memories of these iniquities with her. When she graduated from the University of Michigan Law School in 1992, she was determined to somehow make a difference. While finishing up studies in a Master of Laws degree program (in French) in Brussels, Belgium, Cerda was tipped off by

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a law school friend about a job on then-Arkansas governor Bill Clinton’s presidential campaign. She was soon hired as a budget officer on the campaign’s finance committee, which involved immediately relocating to Little Rock. (“Not an easy move when you’re living in a European capital,” she sighs.) A large part of Cerda’s new job required her collecting at least $100,000 owed to the campaign by the media and Secret Service for travel costs. To do so, she replaced an old and extremely sluggish reimbursement arrangement with a novel pay-as-you-go methodology. Rather briskly, she recouped a much-needed $7 million of outstanding outlays, money that was put back into the campaign. Needless to say, her bosses were impressed. Following Clinton’s win in 1992, Cerda was named co-budget director for the administration’s transition team in Washington. “I like big thorny challenges, the stickier the better,” she recalls, “so what could make me happier than to work on replacing hundreds of Republicans with a spanking new batch of Democrats? Despite all the chaos, we were able to get about 500 Democrats into the White House and the Old Executive Office Building on [the first day of Clinton’s presidency].” Six months later, with the overall transition effectively complete, Cerda was poised to take a legal position working

on international law matters. Instead, she accepted the administration’s unexpected invitation to stay on as assistant counsel to the president of the United States—an offer not easily refused, particularly by a twentysomething attorney. “I was the sixth lawyer hired in the White House Counsel’s office,” notes Cerda. “For two years, I worked on executive orders, vetted Senate confirmation candidates, assisted with new laws coming through, ran the summer clerkship program—lots of different things. As the most junior attorney, I basically did the stuff nobody else wanted to do—and, while doing it, I learned a lot about people and management.” Cerda’s time at the White House left her legal career slightly out of alignment with the professional development of most attorneys. “As a young lawyer, I could run legal teams, understand the coordination of different areas, and put cross-disciplinary checks and balances in place, but my technical corporate skills were not what they ought to have been,” she remembers. “And because my intention was to become a topnotch corporate attorney, I opted not to stay in Washington and work my political connections, but instead to join Sonnenschein Nath & Rosenthal LLP’s Chicago office. They appreciated my management skills, and offered me a place where I could focus and develop the technical aspects

required to become a really good corporate and securities lawyer.” After five years at Sonnenschein, Cerda was named a corporate and securities partner, the first Hispanic woman to become a partner in the firm’s 100-year history. While with the firm, Cerda found that she was increasingly eager to concentrate her energy on the business issues of a corporation. In 2000, she joined her first corporate legal department as general counsel. Even after “going in-house,” Cerda remained of counsel with Sonnenschein until joining LifeLock in January. Lessons learned from early working experiences, law school, and government service remain with her today. “One of my primary mentors, the late secretary of commerce Ron Brown, used to say, ‘Being a success isn’t just about getting there; it’s about making sure the door stays open and encouraging others to come through with you,’ ” explains Cerda. “Those are words that I’ve really taken to heart.” “I’ve been fortunate to have had great mentors and amazing parents who provided me with a solid foundation,” she concludes. “I’m comfortable being the trailblazer, but not everyone is willing to be first, and for them it’s important that I strive doubly hard.” DB Patrick Folliard is a freelance writer based in Silver Spring, Md.

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MOVERS&SHAKERS DAVID MARTInEz Partner Robins, kaplan, Miller & Ciresi l.l.p.

GABY l. lOnGSWORTh Director Sterne, kessler, Goldstein & Fox p.l.l.C.

MIChAEl E. FlOWERS Vice President & Chief Legal Officer kBk Enterprises

ApRIl MIllER BOISE Partner Thompson hine

David Martinez has been named a partner in the Los Angeles office of Robins, Kaplan, Miller & Ciresi L.L.P. Mr. Martinez represents businesses and individuals in the areas of intellectual property, business, unfair competition, class action, and tort litigation. He is a member of the American Association for Justice, the Los Angeles County Bar Association, the Consumer Attorneys of California, and the Mexican-American Bar Association. Mr. Martinez has been recognized by various organizations for his outstanding commitment to pro bono advocacy, and serves on the Board of Directors for California Rural Legal Assistance, Inc. Mr. Martinez received his J.D., cum laude, from Southwestern University School of Law, and his B.A. from the University of California at Santa Barbara. He served in the United States Navy from 1986 to 1990.

Gaby L. Longsworth, Ph.D., was elected to the directorship of Sterne, Kessler, Goldstein & Fox P.L.L.C. Dr. Longsworth is a member of the biotechnology/ chemical group. Her practice encompasses domestic and foreign patent prosecution, from drafting applications to advocating applications through issuance. She has significant experience in counseling clients on issues of patentability, freedom to operate, infringement, and design-around strategies, as well as issues relating to pharmaceutical patient litigation. Dr. Longsworth earned her J.D. from Georgetown University, and also holds a Ph.D. in Human Genetics and Molecular Biology from the Johns Hopkins University and a B.S. in Molecular Biology from the Florida Institute of Technology. While at Johns Hopkins, Dr. Longsworth was the recipient of the Predoctoral Minority Fellowship from the National Institute of General Medical Sciences.

Michael E. Flowers has been named vice president and chief legal officer of KBK Enterprises. With offices in Columbus, OH, Pittsburgh, PA, New Orleans, LA, and Washington, DC, KBK Enterprises is one of the largest African American business development firms in the United States, and currently has real estate development projects underway with a total value in excess of $500 million. Prior to joining KBK Enterprises, Mr. Flowers was a partner in the Business Law Department of Bricker & Eckler, LLP. Within his community, Mr. Flowers serves as the chair of the board of trustees of Mount Carmel Health System, a four hospital system, along with a college of nursing, located in Columbus, Ohio. Mr. Flowers holds degrees from Bucknell University and the Tuck School of Business at Dartmouth. He received his J.D. from the Ohio State University College of Law.

April Miller Boise has been named the new partner-incharge of Thompson Hine’s Cleveland office. Ms. Boise is the second African American to lead the firm’s headquarters, and the first woman to lead a major law firm office in Cleveland. Ms. Boise’s practice focuses on mergers and acquisitions, and she chairs the firm’s private equity subgroup. Ms. Boise is the founder and chair of Thompson Hine’s nationally recognized women’s initiative, Spotlight on Women. She serves on the boards of the Cleveland Foodbank, the Cleveland Zoological Society, and the Cuyahoga Community College Foundation. She also helped establish the Minority Board Member Pipeline Initiative, a group of African American professionals who work with Business Volunteers Unlimited on programs that connect emerging minority professionals with service on nonprofit boards.

Please send your submissions to our Movers & Shakers feature to robtruhn@mcca.com. Please include a highresolution photo (300 dpi or greater), along with an electronic version of the applicable announcement.

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MCCA Names Lori Garrett as Southeast Regional Director

ori L. Garrett has joined the Minority Corporate Counsel Association as the managing director of the Southeast Regional Office in Atlanta, Georgia. Her primary responsibilities include managing the Lloyd M. Johnson Jr. Scholarship Program, creating Continuing Legal Education programming, and collaborating with legal departments, law firms, and other organizations to design and implement diversity pipeline initiatives. Prior to joining MCCA, Lori was associate director of career services at Emory University School of Law, where she provided alumni career services and developed employer outreach initiatives. She previously practiced commercial real estate law in Atlanta at Weissman, Curry & Wilco, P.C., and at McGuireWoods LLP. Throughout her career, Lori has demonstrated a continued dedication to diversity. As an associate at McGuireWoods LLP, she directed the McGuireWoods–Spelman College Internship Program and was a member of the firm’s diversity committee. “MCCA is delighted to have Lori Garrett join our senior management team,” shares Veta Richardson, MCCA’s executive director. “From our first meeting, I was impressed by Lori’s solid grasp of the issues faced by organizations seeking to build more diverse workforces. Her enthusiasm and perspectives will contribute greatly to the advancement of MCCA’s mission.” Lori is excited that her new position provides an opportunity to help the next generation of law students realize their dreams. “MCCA has a hard-earned reputation of being a credible leader on diversity issues in the legal community. Its groundbreaking research, CLE programs, and valuable pipeline scholarship make the organization well positioned to continue to lead the charge. I look forward to this opportunity to help advance MCCA’s mission,” she explains. She is a graduate of the University of Southern California Gould School of Law, where she was a member of the Hale Moot Court Honors Program. She received degrees in Spanish and psychology and graduated magna cum laude from Spelman College, in addition to being a member of Phi Beta Kappa. DB

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