In-house ACCess : In-house ACCess: Association of Corporate Counsel : ACC : The In-house Counsel Bar Association

By Zenneia McLendon

Zenneia McLendon is ACC’s Director of Social Media and is responsible for developing and overseeing the association’s Social Media Strategy across all internal brands, audiences and platforms. Including: Facebook, Twitter, LinkedIn, the In-house ACCess blog, Member-to-Member (eGroups) and YouTube.

The sun was shining at Angel Stadium of Anaheim. The sky was blue, and the thermometer read about 75 degrees. It was a perfect day for a great game of baseball — if only it wasn’t late January and the middle of the offseason. On this day, Angel Stadium and the Los Angeles Angels of Anaheim played host to a different group of players — in-house counsel.

Last week, the ACC’s Southern California chapter (ACC-SoCal) held their 8^th Annual In-house Counsel Conference. This year marked the first time that the event spanned two days, and as a result, attendance doubled last year’s and reached more than 400 people. Day one was held on Jan. 11, at the Montage Hotel in Beverly Hills, I joined attendees on the conference’s second day at Angel Stadium.   

From a social media perspective, and as ACC’s director of social media, this event provided a great opportunity for ACC to use one of our growing social media channels. Through Twitter we were able to highlight a chapter event, share information with our followers, increase our audience and expand our reach by live-tweeting from the event. Not only did each session provide great sound bites perfect for tweeting out, but the SoCal chapter also did an excellent job of planning and strategizing their Twitter activities ahead of time, in preparation of the event. And, of course, I was happy to join those activities as @ACCinhouse.

The conference began promptly at 8 AM PST with “Welcome Remarks” from our Angel Stadium and conference host, David Cohen, director of legal affairs and risk management for Angels Baseball LP. After the remarks, it was all up-hill. Panel topics ranged from privacy of consumer information to intellectual property to social media in the workplace. Attendees were encouraged to follow along with the conference via the conference hashtag, #IHCC12, by either logging onto Twitter or simply viewing the hashtag’s stream as it scrolled along on a screen at the front of the room. As a result of great planning and execution, with a combination of live tweeting, re-tweeting and interactive messages, the Twitter Reach for #IHCC12 was over 11,000. Participants tweeted from 14 states and four countries. If these numbers haven’t convinced you of what an amazing conference this was, visit the SoCal chapter page on the ACC website to check out all of the presentation slides and program materials. Then, come back to this post, and tell us what you think.

Along with the fact that Angel Stadium is absolutely beautiful both inside and out, as one of very few non-lawyers in attendance at the conference, there were several key takeaways that I will put into practice as I continue to progress in my career. My top three include:

• Beware of digital breadcrumbs!
• If you are responsible for social media for your company, remember that your in-house counsel are your greatest ally. Consult with them regularly.
• Who’s on first? A lawyer’s response would most likely be, “According to section 22A of Who’s contract, he will no longer be … No you cannot tweet this, and yes, we deleted his Facebook page this morning.”

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By Maggy Baccinelli

Maggy is the editorial coordinator of the ACC Docket and is responsible for editing the publication, writing monthly articles and creating corresponding multimedia pieces highlighting ACC members' legal expertise and unique personal interests. Follow along as Maggy, shares her insights. The voice, views and stories expressed in this series are of the author and are not ACC's.

On Monday, Jan. 16, seven ACC staff members volunteered at Bruce Monroe Elementary in Washington, DC, for MLK Jr. Service Day. Some of us, myself included, learned more than we expected.

Bruce Monroe’s student population is predominantly Latino, and it is known for its dual-language program. The school leadership’s vision is to make its multicultural students into successful global citizens, by nurturing them in a safe, innovative and academically rigorous bilingual environment. The first step toward global citizenship means knowing about other countries. So, when we arrived, we were instructed to paint flags from around the world, which would be hung in the auditorium. Eventually, we moved on to painting hallways with murals of smiling fruits and vegetables, butterflies and ladybugs, and short phrases in Spanish related to the school motto.

The motto is: “Be safe. Be kind. Be productive.”

It’s a simple and powerful adage that we can all apply to work and home. For elementary school students, being safe means not running in the halls; being kind means using kind words; and being productive means doing homework. In our work as adults, these examples stay the same. As an editor and journalist, slowing down and proofreading carefully; communicating considerately with my interviewees and colleagues; and being thorough in my research while minimizing distractions by delegation and organization, has helped me to be successful. How can being safe, kind and productive, help you as in-house counsel?

Though it made us think, and some of us even quipped about how we should make it the motto of the office, this was not the only lesson we learned at elementary school on Monday. Here are a few others we were reminded of as we got our hands dirty:

• It’s fun to volunteer with coworkers;
• If you turn the Mali flag upside-down, it becomes the Guinea flag; and
• For really detailed painting, it’s easier to use a Sharpie.

Final words of wisdom came from Dr. King, who we were honoring on Monday by participating in the program. Close to where we exited, there is a big mural of him and a quote that reads: “Life's most persistent and urgent question is ‘What are you doing for others?’”

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By Maggy Baccinelli

Maggy is the editorial coordinator of the ACC Docket and is responsible for editing the publication, writing monthly articles and creating corresponding multimedia pieces highlighting ACC members' legal expertise and unique personal interests. Follow along as Maggy, shares her insights. The voice, views and stories expressed in this series are of the author and are not ACC's.

Last week, as I walked into Acadiana restaurant for an event celebrating the newly published Courageous Counsel, I felt a twinge of nervousness. The book, written by Allstate Insurance’s GC Michele Coleman Mayes and SNR Denton Partner Kara Baysinger, documents in-depth, candid interviews with 50 current and former women general counsel at Fortune 500 companies. Some of them would be inside. But before I could think too hard, I was escorted straight to Michele and her group of colleagues. They welcomed me warmly into their discussion about dietary habits as we each passed on different samples of New Orleans-inspired hors d’oeuvres: Who eats fish but not meat; who eats meat but not dairy; and what’s this gluten-free thing all about anyway? I felt included. It was effortless.

It wasn’t until after the event that I realized how my brief experience showcased these women walking their talk. The event’s panel was similar to the lunch program at ACC’s Annual Meeting, featuring Kara as the moderator and Michele, but also included AIG General Counsel Stasia Kelly, who is the most quoted general counsel in the book. The women talked about Courageous Counsel, but they also touched on their own experiences. Many focused on using human interaction and inclusion to build business partner and colleague trust.

The women recalled interactions they learned most from. Michele drove home the importance of honesty and admitting when you don’t know it all. When she was hired from the outside for a former position over a non-lawyer who had been at the company for 15 years, Michele said: “I bee-lined it to her office. I said ‘I understand you should have gotten this job, but that wasn’t my decision, and I need your help to do this right’… We’ve been the best of friends for 25 years.”

Stasia said she’s built relationships by figuring out what people need, helping them get it, and then giving them all the credit. “It’s often unspoken; just understood,” she said. She learned the value of human interactions from her dad, a Boston cop. “He was a wise man and had the best people skills of anyone I’ve ever known. He’d talk and talk and talk about his day, and I’d sit there and listen. … I didn’t realize how much had rubbed off until later.”

Listening is the key to learning, but it’s not always easy. In fact, when asked to offer the more than 50 audience members one piece of advice each, Stasia said: “Keep your ears open, because you never know what you’re going to miss. Listen and be receptive.”

“Right,” Michele added. “You know when someone is telling you something, but instead of listening you’re playing that record in your head, like, ‘When is this person going to be quiet and let me tell them what’s right?’ Well there’s a quote I like that says, ‘We pretend to be listening when what we’re really doing is rearranging our prejudices.’”

Michele’s one piece of advice was that growth and comfort are incompatible. It’s a central theme of Courageous Counsel, because the only thing all the interviewed women have in common is their willingness to take risks, said Kara. “The other major lesson we learned is that there is no one path. We wondered if we would find a secret sauce, or a recipe for success, and there isn’t one.”

Before leaving Michele and Kara gave me a gracious goodbye, remembering my name and thanking me for coming while signing my book. They wrote: “Maggy, make your own path.” 

Click here to take home the lessons learned from some of the top women general counsel at this year's ACC annual meeting program. This program was moderated by Courageous Counsel co-author and partner at SNR Denton, Kara Sophia Baysinger.

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 By Maggy Baccinelli

Last Thursday, ACC Editorial Coordinator Maggy Baccinelli attended The Supreme Court Law Day, sponsored by ACC, Just the Beginning Foundation and Reed Smith. Maggy is the editorial coordinator of the ACC Docket and is responsible for editing the publication, writing monthly articles and creating corresponding multimedia pieces highlighting ACC members' legal expertise and unique personal interests. Follow along as Maggy, shares her insights into last week's event.The voice, views and stories expressed in this series are of the author and are not ACC's.

More than 40 local high school seniors stood up with eager attention when Associate Justice Elena Kagan entered the Supreme Court conference room. The Supreme Court Law Day, sponsored by ACC, Just the Beginning Foundation and Reed Smith, was packed with valuable programs for minority students considering pursuing legal degrees. The session with Kagan, though, was a highlight for everyone in the room — including, it seemed, the Justice herself.

With most of the students coming from Thurgood Marshall Academy in Southeast Washington DC, Kagan was visibly excited to tell them about her experience clerking for their school’s namesake. “Do they teach you about Thurgood Marshall?” she asked. She explained how at 27, when she was “just starting to think about the world, the legal system and what I could do to make a difference,” she had the privilege of being exposed to the “wit and wisdom of who I believe was the greatest lawyer of the 20^th century.”

The excitement that comes with influencing a community or issue you care about was at the heart of Kagan’s discussion. “I used to be the Dean of a law school, so I would talk to young people about what they wanted their career to look like. And everyone wants to feel like they’re making a difference.” Whether it is the law or not, she urged students to pursue what moves them to make a difference, because that will be most rewarding.

But reward does not come without hard work and responsibility, and sometimes even rejection. Kagan told her personal rejection story when a student asked her how she felt when she got the job. “Pretty darn happy,” she said, and explained that it was not the first time she had sought the nomination. In 2009, President Obama selected Associate Justice Sotomayor for the nomination. “He was lovely, lovely. It was the nicest rejection call I ever received,” said Kagan of her phone conversation with the President. Justice Kagan received the nomination in 2010. “It was a lesson to keep working hard. You don’t always get what you want the first time.”

In addition to her lesson in rejection, Kagan shared her experience with staying confident, even when she wasn’t always liked. When a student asked how it felt to have to prove to the Senate Judiciary Committee and herself that she was fit to be Justice, she said: “I didn’t have to prove it to myself. I knew I was fit to be Justice. But during the hearing I reminded myself that you can’t go through a process like this without people saying tough stuff. You can’t take it personally. A lot of times it has nothing to do with you and who you are.”

Kagan joked that when she clerked for then Justice Thurgood Marshall he referred to her as “Shorty.” Although short in stature, her effect on the 40 high school seniors will last for some time. “There are times when you will sharply disagree with someone,” she commented “but you can learn a lot from the same person.”

Pursuing what you love, working hard through rejection, believing in yourself when times get tough, and learning from people who think differently than you, are lessons we can all apply to our personal and professional lives. On Thursday, 40 high school seniors got to take these lessons home with them because of this inspiring event that ACC had the privilege of co-sponsoring.

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Howie Wong is general counsel and corporate secretary at Toronto Community Housing, the largest landlord in Canada. Prior to joining Toronto Community Housing in 2005, Howie was a M&A lawyer for 19 years with Gowlings, a national Canadian law firm.

I paused at the hanging goblins and smiling jack-o’-lanterns in the lobby. Did I get off on the wrong floor and end up in a daycare? I looked at the lobby door again—“Office of the Assistant Deputy Attorney General”. Hmmm…this is the place, Malliha Wilson’s office.

Malliha Wilson is the chief litigator for the Province of Ontario. Her title is Assistant Deputy Attorney General, Legal Services Division, which means she oversees the Province’s internal law firm of over 900 staff. I recently sat down with her for a brief discussion on the topic of diversity.

Malliha comes from a family of public servants and lawyers. She has been a government lawyer for over 24 years. She rose swiftly through the ranks with stints as Legal Director, Ministry of Labour and Director of Crown Law Office Civil before her appointment 3 years ago to her current position. She loves being a litigator, and still logs a third of her time duking it out in court.   

When she first started with the Ontario public service in 1987, there were few diverse lawyers (and obviously no diversity programs!). Malliha attributes her success to hard work and a collegial environment second to none. “I was by far the youngest lawyer in my group. I worked hard, but was also treated so well. It was a nurturing culture where senior lawyers mentored and trained young lawyers. I spoke my mind, but, that never deterred my bosses from giving me the best legal work available anywhere.”

She continues, “Due to our size now, we have to be much more structured in our mentoring and training. A manager is designated to oversee diversity—although, we don’t keep diversity stats.” When seeking new lawyers, the Province casts its net wide advertising in all diverse communities and the law schools.

“The key touch stone in our hiring is equal opportunity and access” Malliha is crystal clear about affirmative action and hiring quotas. “I don’t believe in them. Applicants should get in solely on merit and ability.” In particular, she doesn’t think diversity should be a consideration in hiring. 

To which I responded with my two cents on the sticky subject, by saying, it’s not fair to say diversity shouldn’t be a hiring factor. Barrier free hiring isn’t good enough. It’s a jungle out there and we need diversity to level the playing field.

Silence. 

The Province’s chief litigator sat for a moment before taking a deep breath and replying,

"Government lawyers are governed by the same business principles as the private sector. There is a direct correlation between value added quality legal services and getting paid. Candidates should be evaluated on their merits. Diversity can't be the only factor; otherwise it isn't sustainable for either the lawyer or government.” 

Whoa! I quickly change the subject to hanging goblins and elicited a smile from Malliha.

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Howie Wong is general counsel and corporate secretary at Toronto Community Housing, which is the largest landlord in Canada. Prior to joining Toronto Community Housing in 2005, Howie was an M&A lawyer for 19 years with Gowlings, a national Canadian law firm.

David Allgood’s office is surprisingly spartan. Search as you will, but do not expect to find fancy glass and marble, as would befit the Executive Vice President & general counsel of the Royal Bank of Canada (RBC), the largest bank in Canada. Rather, David oversees 160 lawyers in 11 countries from a non-descript back office, where I sat in the hallway, waiting my turn to see him. But, don’t be fooled; he is definitely a power to be reckoned with in the banking world.

David’s approach to diversity is no different — no flash, just pure substance.

Diversity is a core value at RBC that emanates from the CEO down. Their website is impressive — chock-full of information, initiatives, progress reports and metrics. RBC has enough diversity awards on its mantel to make any mother proud.

RBC Law has a significant number of female leaders as well. Sixty percent of its executives and 40 percent of the senior managers are women. The number of diverse leaders is somewhat less, but laudable all the same. 

David focuses on filling the pipeline at the entry-mid levels with the next generation of diverse leaders. When hiring, RBC mandates that the candidate pool for every vacancy include at least one female and one diverse candidate. A big challenge is the retention of female lawyers, which RBC Law addresses with various strategies, such as greater flex work. “We don’t have hard quotas here,” says David. “Rather, we have high goals and exert moral suasion.”

RBC Law has a long-standing summer mentorship program, aimed at giving marginalized students real-life law experience. They have also developed a lawyer exchange program with an aboriginal organization.   

Earlier this year, David was one of 40 general counsel that formed Legal Leaders for Diversity and Inclusiveness to drive diversity in Canadian law departments and purchasing practices. Expect more on this in a future blog post.

As a senior RBC leader, David participates in a reverse mentorship program in which he mentors a diverse manager from another department in the bank. But, here is the twist: The mentee also mentors David on how to look at the bank through her eyes — both the opportunities and challenges. David believes this program sensitizes RBC leaders to what’s needed to break down diversity barriers.

RBC Law also expects diversity from its external firms. “Canadian firms are trying, but still have a ways to go in catching up to the US firms that can rhyme off their diversity stats at a drop of a hat,” says David. “We understand the challenges for the Canadian firms, but still exert moral suasion and expect results.” Remember the “velvet hammer” touch I mentioned earlier?

I couldn’t resist asking the prickly question: Should a white middle-aged lawyer be fearful of his opportunities at RBC Law when diversity is an imperative? David fixed his steely eyes on me and replied, “No. The diversity process forces management to look and hire beyond their comfort zone. But, the key is always hire and promote the very best candidate.” No argument from me on that one. 

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 Howie Wong is General Counsel and Corporate Secretary at Toronto Community Housing which is  the largest landlord in Canada. Prior to joining Toronto Community Housing in 2005, Howie was a M&A lawyer for 19 years with Gowlings, a national Canadian law firm.

“Diversity refers to human qualities that are different from our own and those of groups to which we belong.”[1]

--University of California, Berkeley

Diversity can be defined in many ways. Similar to peace, diversity is elusive, but we definitely know when we’ve got it. Honestly, it wasn’t even a part of my vocabulary until much later in life. I grew up in Toronto’s inner city in a sea of immigrants, color and working-class values, where diversity would have meant bussing in white kids from uptown. We were a pretty homogenous lot and didn’t think the world was any different. 

My first real exposure to diversity was in university. Like the famous “West Side Story” song, “Gee, Officer Krupke,” I didn’t know I was under-represented until I read about myself in a first-year sociology class. As the song goes, “Leapin’ lizards! That’s why I’m so bad!”

Called to the bar in 1986, I became a part of the 0.6 percent of Ontario lawyers who were of Chinese descent.[2] My uniqueness was further amplified when I chose to become an mergers and acquisitions lawyer. I entered a cloistered world of panelled boardrooms and martini lunches — pretty heady stuff for an inner-city Asian kid. Early on, I recall negotiating an international deal over the phone across many time zones. When it came time to close, I finally met the other side. Upon my grand unveiling, the first thing they told me was: “You’re Chinese! You don’t even have an accent!” Thankfully, we’ve come a long way from those dark ages. 

For the last six years, I’ve been the general counsel at a public housing company and have had the luxury of building a legal team from scratch. With a bit of foresight and luck, I think we got it right: female-centric, youth balanced with experience, and a potpourri of ethnicities. Check out the pictures.

Now, my challenge is to discover the next big thing on the diversity agenda. What best practices are out there waiting to be discovered? 

To answer that question, I am taking my blog posts on the road. I’m going to lunch with general counsel from businesses, government and nonprofits across Canada to find out their experiences with diversity. I hope you’ll join me for some “brown bag” learning.   

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By J. Alberto Gonzalez-Pita the Executive Vice-President & General Counsel of HCP, Inc., headquartered in Long Beach, CA. Mr. Gonzalez-Pita is the Chair of the Board of Directors of the Association of Corporate Counsel. 

I recently had the great pleasure of attending the ACC Europe Annual Conference in Berlin. For three days, I attended practical and timely sessions that spoke to the increasing responsibilities of in-house counsel and the effective management of this role. The 300+ delegates came from some 29 countries.

The opening session featured Richard Susskind, author of “The End of Lawyers?” who talked about the future of the legal profession, which was quite entertaining. Thomas Werlen, general counsel, Novartis, joined him and focused on building the forward-thinking legal department. They reminded me of how far our profession has come and highlighted the challenges that remain, including those facing us now and those we will face in the foreseeable future:

• Pressure on head count and external spend;
• More legal work as a result of increasing regulation worldwide; and
• The delivery of more legal service at less cost — "more for less."  

Susskind envisages a future of fast-paced technological change that will continue to have a profound impact on how lawyers work, and on those choosing to pursue a career in law. As knowledge systems and greater computer processing power reduce the need for pure legal experts — placing the emphasis firmly on legal process, project management and the standardization of legal products — law firms and legal departments need to work hard to keep up. This will ensure the survival of the role of the trusted advisor, running strategy, tactics and advocacy.

Sessions ran the gamut for the diverse attendees; they covered data privacy, anti-corruption, managing a small legal department, policies for dealing with social media, cloud computing and the effective use of technology. The main solution offered to the problem of not enough counsel to go around was to make better use of technology.

And throughout the conference was the thread of value: how the law department adds value, how to do more with less, and the complicated but important need for in-house lawyers and outside counsel to find ways to better work together.

The closing session featured a stellar cast of corporate counsel including Michael Wu, general counsel, Rossetta Stone; Leanne Geale, global legal services, Royal Dutch Shell; Bertrand Alexis, senior director, Qtel International; and Andrea Goodrich, associate general counsel, Tyco International. The esteemed counsel shared their best practices in managing their legal department and outside counsel relationships. And representing Norton Rose was Andrew Fleming, who inspired a frank and welcome discussion on how best to achieve a value-based relationship with your outside counsel.

Aside from the substantive sessions, highlights of the conference included the cocktail reception and gala dinner at the beautiful Orangerie at Schloss Charlottenburg. Standing on the terrace in the early evening –– glass in hand –– will live long in my memory.

It was great to meet our very engaged European members and to have the opportunity to restate ACC’s commitment to in-house counsel across Europe and beyond. I’m looking forward to the next opportunity to cross the pond.

See you next year in Amsterdam!

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 by Sabine Brumme

ACC Europe, Vice President

Chair of the Advisory Board to the Annual Conference

The theme for this year's ACC Europe 18^th Annual Conference was How the in-house lawyer can drive the changing legal landscape. Over the past three days, in-house counsel from across Europe came together and participated in sessions and realistic solutions to help navigate the challenges and opportunities faced by corporate legal departments around the world.

During the Opening Plenary, given by Richard Susskind, author of "The End of Lawyers?", participants discussed the fundamental transformation process of the legal services industry.  Together with Dr. Thomas Werlen, general counsel and member of the executive committee for Novartis International AG, and D. Mark Poag, general counsel and senior vice president for Datacert Inc., Susskind presented best practice examples and provided insight on how their legal departments are preparing for the evolution of the legal service industry during his talk entitled, “Are you ready to change? Designing a forward looking legal department."

Every day, in-house counsel face the expanding number of challenges due to limited time and resources. The conference covered ways to deliver key solutions to a myriad of obsticales – global mobility, financial, anti-corruption, data protection and privacy, privilege (to name a few) – that corporations face today. This year’s sessions are informative and thought provoking, and also provided members an opportunity to reconnect with old friends and meet new ones.

Sessions at this year’s ACCE Conference provided corporate counsel with tools to manage their time and legal departments. Attendees took the opportunity to learn more about resources to help ease the daily workload during Using Free Legal Resources - Risks and Benefits. Legal Matter Management and Monitoring Performance delved into organizational aspects and new technologies for in-house counsel to effectively run any size in-house legal department.

Tuesday’s session entitled Social Media - Where is Your Comfort Zone?, worked with in-house counsel to discover their comfort zone and also discuss the legal challenges of Social Media.

This year’s conference will end Tuesday evening with our Closing Plenary where panelists will share their creative approaches and take an innovative look at the future of Legal Services in the 21st Century.

Thanks so much for joining us; I look forward to seeing you in Amsterdam next year, June 3-5, 2012 where we will continue to prepare for these future changes and challenges. Geniesst and Guten Abend!

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The recent volcano that brought air travel to a standstill erupted just as I was finishing a European General Counsel Roundtable in London that focused on “Managing the Global Legal Function in the Midst of Change.” If you are on Twitter, you can see some of my insights here.  From the Roundtable, it became very clear that in-house counsel face the same issues around the world – they just develop different solutions or approaches depending on their particular circumstances.

In the midst of change, the world seemed to come to a halt. As the air travel stoppage continued, it became all about making lemonade from lemons. On the one hand, it was very inconvenient to be here in London for an unplanned six days. Yet, I am reminded that this is one of the great cities in the world and that there are much worse places to be stuck.  
 
Everyone I have encountered during this extraordinary situation has had a great attitude.  As the week wore on, you could sense growing frustration. And, great relief when they opened the airports.  Everywhere you go there are people with their disruptive volcano stories – most of the news here in London is filled with stories about travelers trying to return to UK – remarkable efforts such as hiring taxis or cars and driving from Milan, Prague or even Norway to the channel ports. Gordon Brown (UK PM) who is in a tough reelection fight here sent some ships from the Royal Navy to pick up some folks in Spain.  During this period, it has been interesting to watch the news about the UK election campaign and to compare it to the U.S.  They had their first debate ever among the 3 candidates; they have 2 more planned. There is substantial publicity about the rise of the Liberal Democrat candidate at the expense of the Tories and Labor.
 
The time in London gave us the opportunity to meet with members, including Cheryl Solomon, a UK country rep and Dan Fitz, the former ACC chair. We also had the chance to meet with people at ILO, who graciously provided us with computers and office space that made our time here more productive. We also met with vendors and consultants based in London.

I also took some time to enjoy London. On Sunday, I went to the changing of the guard at Buckingham Palace – nobody does pageantry like the British. There was a brief concert as part of the ceremony and the band played a medley from Chicago and “For Once in My Life,” the Stevie Wonder hit, which seemed a bit out of place!
 
Finally, this volcano time-out afforded me the time to reflect on the importance of members and volunteer leaders who contribute to ACC.  In the U.S., it is National Volunteer Week and I am reminded so often that the strength of our association comes from the commitment and contributions our ACC board, committee and chapter leaders and ACC Docket authors make.  

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 Each year, as ACC’s Annual Meeting concludes, I’m always struck by the interesting and substantive new information I discover.  Inevitably, people say things - or I observe or participate in events - that leave me with much to think about.  This was my 18^th annual meeting and it was no different. Throughout our time in Boston, I continually encountered such instances among our 2400⁺ attendees that, I believe, contributed to the success of this gathering of in-house counsel from around the world.  

Leadership, education, collaboration, support, relationships and value, all contributed to a successful conference, which I tried to capture in these Random Observations…

·        As she shared her lifetime of studying and writing about great leaders, Pulitzer Prize winning author, Doris Kearns Goodwin, presented a captivating tale of personal observations and what we could learn from the great leaders she had studied. I, like everyone in the room, hung onto her every word and was drawn into her uncanny ability to “tell a story” and describe the research that went into her book, Team of Rivals: The Political Genius of Abraham Lincoln.  So much of what she discussed about the politicians and historical figures translated seamlessly to the legal community.

“Lincoln’s success was the result of a character that had been forged by life experiences that raised him above his more privileged and accomplished rivals.”

“The best indicators of a good leader – being able to motivate during frustration.”

~ Doris Kearns Goodwin, Pulitzer Prize Author

 ACC’s 2009 Annual Meeting Keynote Speaker

I say without hesitation—read this or any other book she has written!

·        Ivan Fong, former ACC Board Chair, who recently became General Counsel for the Department of Homeland Security, provided a captivating account of his transition to the public sector, with particular emphasis on the qualities of effective leadership.  His candor and honesty were both insightful, as well as refreshing to hear, in light of his high-profile role with the third largest government agency.

“The hallmarks of being a good lawyer – the foundations on which everything is based – are the quality of the legal analysis, responsiveness, sound judgment and the ability to be a trusted advisor, all of which translate well into the public sector.”

"You can tell the health of an organization by the quality of its arguments.”

~ Ivan Fong, General Counsel of U.S. Department of Homeland Security

Chair’s Choice: A View from the Frontlines

·        Earlier this year, we were saddened to learn of the passing of Robert Banks, Sr., an extraordinary in house counsel for Xerox and the leading founder of ACC. He gave us a great gift and he gave us all an organization that permits us to change and improve our profession and ourselves.  

“For his beliefs and advocacy, we all owe Bob an immense debt of gratitude.”

~ Carl D. Liggio

Founder and 1984 ACC Board Chair

Because of his unyielding support of ACC, it is only fitting that we honor Bob with the ACC Robert Banks Memorial Scholarship Fund, starting in 2010. This scholarship will help support those members who are in transition or need additional support to attend future Annual Meetings.

·       During an engaging discussion of CLOs, opinions were exchanged and suggestions were offered, and I was intrigued by the frankness and insight offered.  Much of the discussion related to the changes occurring among in-house counsel and their relationships with their outside lawyers and the billable hour.  Unlike similar discussions of the past, where everyone just cited problems, here, the CLOs offered tangible solutions and discussed what they have begun to implement to help affect change.

“Meet. Talk. Act. – from the ACC Value Challenge – gives us all a good framework to use … we need to get together with our outside counsel, open the dialog and start doing things.”

~ John Page, Vice President, GC & Corp. Secretary, Golden State Foods Corp.

Chief Legal Officer Roundtable Discussion

“What we’re learning is how to use alternative fee arrangements – when do they work and make sense? More and more there will be categories of matters where alternative and flat fee arrangements are more accepted – it’s the law of supply and demand – some are cyclical and some are secular.”

~ Marc Gary, General Counsel, Fidelity Investments

Chief Legal Officer Roundtable Discussion

·        As I made my way though the Exhibit Hall, and observed the interaction among the over 100 exhibitors and the attendees, I understood what many in-house counsel had told me, that they liked the positive, controlled environment.  Members feel this provides them with a “one-stop shop” to speak with legal industry providers and hear about the new resources and services available to them.  The exhibitors, too, were engaged and I was happy to hear a number of positive comments.

“We were very happy with the event. We met a lot of attendees and got to speak to them about their needs and how we can help.”

 ~ Ian Nelson, Vice President of Business Development & Marketing, PLC

ACC Alliance Partner/2009 Annual Meeting Exhibitor

“Everyone has been really engaged and interested …this has been really helpful for our attorneys, to see the number of in-house counsel in attendance and to interact with our clients that are here.”

~ Felice Wagner, Chief Client Service Officer, Sutherland

First Time 2009 Annual Meeting Exhibitor

·       Efficiency, value and cost containment were repeated throughout the conference, both in sessions and during one-on-one conversations, as everyone shared and gleaned insight on streamlining processes without cutting quality. During the session, “The Slow Motion Riot – Revolutionizing Law Department Cost Management,” law department leaders and law firm management discussed the ACC Value Challenge and how the initiative could help to support their efforts.

“Value Day - August 24 - the day the Wall Street Journal covered alternative billing on its front page."

~ Jeffrey Carr, Vice President, GC & Secretary, FMC Technologies, Inc.

The Slow Motion Riot – Revolutionizing Law Department Cost Management

“Value means more than price for legal services – what more do we want from our relationships – CLE, top of mind advice, brainstorming….”

~ Bruce Goldberg, Managing Counsel, Allstate Insurance Company

The Slow Motion Riot – Revolutionizing Law Department Cost Management

“Profit is variable; what is valued is continuing relationships maintained through continuing relationship reviews.”

~ Stuart Pape, Managing Partner, Patton Boggs LLP

The Slow Motion Riot – Revolutionizing Law Department Cost Management

"Once you decide to go down this path, there's only one question you need to ask law firms, Will you do this? Yes or no. If they say no, they are free to work elsewhere. Draconian? Yes. Effective? Absolutely. But it does take some backbone."

~ Jeffrey Carr, Vice President, GC & Secretary, FMC Technologies, Inc.

The Slow Motion Riot – Revolutionizing Law Department Cost Management

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The second day of a two and a half day conference can sometimes wane in attendance and engagement, but Day 2 at ACC’s 2009 Annual Meeting in Boston didn’t show any sign of diminishing interest. Attendees dispersed throughout the exhibit hall for their morning coffee and croissants, while chatting with the 100⁺ exhibitors and sponsors on hand to offer insight about their services and in-house counsel offerings. The majority of this year’s sponsors were returning exhibitors, but there were a number of new organizations, as well. Washington, DC-based law firm, Sutherland Asbill & Brennan LLP, was one of the new firms exhibiting this year, and Felice Wagner, Chief Client Service Officer, said it was a great experience for the eight attorneys that joined her.

“It was illuminating for some of the attorneys to not only see the number of in-house counsel, but also, the number of Sutherland clients that were here. The high-level of the attendees, along with their genuine interest and engagement, has been great,” Wagner noted.

A long-time supporter of ACC, and recipient of the 2009 President’s Award, Ogilvy Renault, too, believed there was a higher level of engagement with those they spoke to. Senior Partner, Andrew Fleming, commented that this year attendees were not just looking for general information, but had specific questions. “We’ve spoken to attendees that had questions about a particular issue, or to others that weren’t happy with their current outside counsel and interested in learning more about Ogilvy.”

Lise Monette, Ogilvy’s Chief Marketing Officer, was happy with the added feature of being able to qualify leads on the lead tracking device, saying that it will be useful for when they get back to the office and coordinate follow up plans for those they spoke to at the conference.

For others, the Annual Meeting provided a platform for unveiling new products and/or services geared toward the in-house counsel market. Fios Inc., a provider of electronic discovery services, and Ajilon Legal, a worldwide expert in legal staffing and litigation management, unveiled a partnership to help corporations and law firms effectively inject cost control and predictability into the complex e-discovery process.

Brad Gragert, senior vice president of sales at Fios, noted that "By combining the core Fios and Ajilon competencies and expertise, legal teams now have a single resource for processing, review and production services. Additionally, our combined services will provide legal professionals with improved cost predictability and budget management for e-discovery projects."

The ACC/Serengeti Managing Outside Counsel Survey was released during the meeting, and the media and attendee interest kept Rob Thomas, Serengeti’s Vice President of Strategic Development, busy. For the first time in three years, the survey found that controlling spending on outside counsel returned as the top priority for in-house counsel, topping compliance concerns. The need to drive efficiency is leading to more value-based policies to reduce overall legal spend, and clients are looking to negotiate more flexible value-based fee and service models.

“In-house counsel want a single online system where they can manage all of their legal work directly with all of their outside counsel worldwide, not a maze of different law firm extranets or internal systems that don’t connect with outside counsel,” says Thomas, the author of the survey report.

Several of attendees that stopped by the Serengeti booth asked Thomas about the survey, wanting to know more about this year’s findings and interpretation of the data. Thomas, too, acknowledged that substantive inquiries dominated the questions he addressed with this year’s attendees.   

Practical Law Company, a leading provider of practical know-how for business lawyers and newest ACC Alliance partner, introduced its new “PLC Law Department” service, which will officially launch in 2010.  Designed to help in-house law departments maximize value, practice more efficiently and control legal spend, the new service has been catered specifically for legal departments to make sure they have the practical resources needed to get the job done.

“The interest in hearing about the new service has been terrific,” explained Ian Nelson, PLC’s Vice President of Business Development and Marketing. “We’ve had great interaction with everyone that has stopped by to learn more about the service and many have had questions about substantive issues and how to use practical resources to be more efficient.”

At a time when it is critical to be as efficient as possible and deliver even greater value to clients, it’s no surprise that attendees were interested in hearing more about ways to streamline internal processes. The topic was repeated many times throughout conference and during the session, “The Slow Motion Riot – Revolutionizing Law Department Cost Management,” law department leaders and law firm management discussed how the ACC Value Challenge can help to support this high priority goal of efficient, effective and professional practice.

For Jeff Carr, Vice President, General Counsel & Secretary of FMC Technologies, Inc., value means “efficiency, effectiveness and customer satisfaction,” something to which he holds his outside firms accountable to. And, the move away from the billable hour (yes, fodder, for a future – more in-depth Blog post) is forcing law firms to sit up, listen and respond to the wave of change that is forcing alternatives to the traditional business model. While law firms grapple with the increased demands, in-house counsel, too, are wrestling with their own internal processes to ensure greater efficiency and value-based legal services.

The over 100 event sponsors and exhibitors that were on hand  - from international law firms, to top litigation support providers and to leaders in knowledge management – were all afforded with the unique opportunity for one-on-one interaction with in-house counsel to educate them about cost efficient solutions.  As ACC President Fred Krebs noted, “I often hear from in-house counsel that they welcome the opportunity to interact with Annual Meeting sponsors as it provides them with a one-stop way to engage with organizations and learn more about value-based solutions.”

As this year’s Annual Meeting approaches its final sessions, the information gleaned from the sessions, interaction with attendees and conversations with supporters will be taken back to legal departments for implementation. For some, it will provide them with a new way of thinking and acting, for others it will reconfirm processes already in place. And, while the tchotchkes and give-aways were fun and drew interest, it will be the tools, resources, educational information and newly formed relationships that will have long-term value.

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ACC’s Annual Meeting in Boston might have kicked off on Sunday night, but things really got underway on Monday as thousands of in-house counsel arrived at the Hynes Convention Center to register and begin their immersion into what brought them together: learning, engaging and sharing. Having been involved with past meetings, I was struck today by the upbeat demeanor, levity and humor interspersed throughout the sessions, in the exhibit hall and with members and sponsors chatting amongst themselves. At a time when negative news seems to own the limelight, the positive, good-natured vibe was a much welcomed change.

A real treat of the day of the day (and likely to be one of the highlights of the conference) was Chair’s Choice: A View from the Frontlines, which gave attendees the unique opportunity to hear from Ivan Fong, former ACC Board Chair and currently the General Counsel of U.S. Department of Homeland Security (DHS). Fong’s first-hand account of transitioning from General Counsel at Cardinal Health to one of the largest government agencies was both captivating and insightful. He shared how managing the many hundreds of lawyers and issues at DHS were similar, as well as different, from managing lawyers and matters in-house at the companies he previously worked for. Most notably, Ivan noted that the “hallmarks of being a good lawyer – the foundations on which everything is based – were the quality of the legal analysis, responsiveness, sound judgment and the ability to be a trusted advisor, all of which translate well into the public sector.”

Fong’s candidness and honesty provided everyone with a snapshot of his day-to-day activities, as well as his long term goals for success. The session was so fascinating that it warrants its own detailed summary (To be posted on In-House ACCess following the meeting.)

The day’s luncheon, sponsored by Lex Mundi, drew a packed room to join ACC President Fred Krebs in welcoming in ACC’s new Board Chair, Pat Hatler, and new Board members, Sabine Chalmers, Chief Legal and Communications Officer at Anheuser-Busch Inbev; John Page, Vice President, General Counsel and Corporate Secretary from Golden State Foods; and Norman Wain, Vice President, Corporate Legal Affairs and Assistant General Counsel at the Finish Line. 

Krebs explained that each year in lieu of speaker fees, ACC contributes to a worthwhile charity, and this year a $5,000 donation was given to Camp Letts, a YMCA summer camp that serves youths from the inner cities of Washington, DC and Baltimore. 

Krebs also reminded everyone that, “Last year at this time, we predicted we would be at the 25,000 member milestone and I am happy to say we have reached that threshold. This year has truly exceeded our expectations on many fronts.”

He went on to acknowledge ACC’s two new chapters – the South Carolina Chapter and the North Florida Chapter, bringing the association to 51 chapters in more than 70 countries with members who represent over 10,000 organizations.

On a solemn note, earlier this year ACC was saddened to learn of the passing of Robert Banks, Sr., an extraordinary in house counsel for Xerox for many years and the leading founder of ACC. “Bob Banks gave us a great gift,” Krebs shared, “He gave us all an organization that permits us to change and improve our profession and ourselves. We are here today because of him.”

Krebs announced that ACC would be honoring Banks with the ACC Robert Banks Memorial Scholarship Fund, starting in 2010. This scholarship will help support those members who are in transition or need additional support to attend the Annual Meeting. Co-founding member, Carl Liggio, and Banks’ son, Bill Banks, were both on hand to share their heartfelt, personal memories and appreciation for Banks’ tireless efforts, dedication and historic legacy.

Dan Fitz, formerly Executive Vice President, General Counsel and Company Secretary at Misys and the 2009 ACC Board Chair, presented this year’s winner for Excellence in Corporate Practice to David Allgood, Executive Vice President and General Counsel at the Royal Bank of Canada. As General Counsel at one of the largest and most respected legal departments in Canada, Allgood is known as the person who sets the tone and introduces the best practices in law department management and leadership. Fitz noted that, “David's progressive posture on "value" issues, as promoted by the ACC Value Challenge, is setting both the tone and pace for other departments interested in reconnecting the cost of legal services to their actual value in the marketplace.” 

In addition, Fitz recognized Ogilvy Renault LLP as a firm that has gone above and beyond for their support of ACC and presented them with the 2009 President’s Award. “Not only has this firm supported ACC through advertising and sponsorships,” Fitz explained, “But they are also the lead sponsor of ACC’s popular CLO ThinkTank series of programs and they provide ACC with valuable insight on legal issues in Canada.”

The luncheon culminated with Pulitzer Prize winning author, Doris Kearns Goodwin, who shared her lifetime of studying and writing about great leaders with a captivating tale of her own personal observations and what everyone could learn from the great leaders she had studied. Her uncanny ability to bring history to life, to speak in pictures so as to draw everyone in, left everyone speechless. She shared her fascinating first-hand experience, as well as findings from in-depth research, and everyone hung onto her every word.  

The hundreds of people waiting in line to have Goodwin sign her latest book, Team of Rivals: The Political Genius of Abraham Lincoln, following the lunch was a true testament to the respect she garnered and the interest provoked among those in attendance. As Ivan Fong’s session earlier in the day was so enthralling that it warranted its own write up, so, too, does Goodwin’s speech. (To be posted on In-House ACCess following the meeting.)

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Coverage of ACC’s 2009 Annual Meeting will continue with interviews with ACC’s supporters and sponsors, over 100 of the world’s leading legal industry professionals.

* Susan E. Jacobsen, formerly ACC’s Director of Communications, was retained by ACC to cover this year’s Annual Meeting and will be providing coverage of the sessions and networking events throughout the conference.

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In-house counsel and legal industry professional from around the world came together at Boston’s Hynes Convention Center as ACC kicked off its Annual Meeting with a Welcome Reception and networking event in the Exhibit Hall on Sunday evening. Over 100 event sponsors and exhibitors were on hand from international law firms, top litigation support providers and leaders in knowledge management -- all ready to interact with attendees and support the in-house counsel community. Many are returning sponsors, and some are new this year, but one thing is for certain – all are energized and ready to engage with attendees and explain what they can do to help in-house counsel, their clients and legal departments.

With the challenges many have been confronted with, along with the cuts in travel budgets, it’s a great testament to the association and the quality of programs offered that, once again, the Annual Meeting is expected to draw an impressive crowd of more than 1600 in-house counsel and over 2400 total attendees.  ACC President Fred Krebs is extremely satisfied with this year’s turnout, and noted during the Leadership Dinner later in the evening, “We have more attendees here with us this year than last year….and ACC closed out the fiscal year on September 30 with over 25,000 members worldwide.”

As Krebs addressed the packed room at the Leadership Dinner, he thanked Iron Mountain for their sponsorship of the evening’s event and further explained, “This year’s conference will focus on value and how to leverage resources, without comprising quality. ACC has worked with its members, chapters, committees and supporters to put together a program that, over the next three days, will provide attendees with efficiencies, tools and networking opportunities to help in-house counsel lead their departments and their companies through the challenges, as well as identify the opportunities, to thrive into the future.” 

Krebs was joined by outgoing Board Chair, Dan Fitz, and incoming chair, Pat Hatler, to present this year’s award winners with their much deserved recognition for outstanding achievements and support. In between bites of salmon sliders and Hoisin duck rolls, attendees applauded this year’s award winners:

·         Robert I. Townsend, Jr. Member of the Year: John Tanner, Senior Vice President & Division Counsel at McGriff, Seibels & Williams.

·         Committee of the Year: Employment & Labor Committee

·         Committee Member of the Year: Jeffrey R. Stern

·         Committee Sponsors of the Year: Womble Carlyle Sandridge & Rice  and Jackson Lewis

·         Outstanding Chapters: The Austin Chapter (Small, less than 250 members); Colorado Chapter and San Diego Chapter (Medium, 250-750 members); DELVACCA Chapter (Large, 750+ members)

·         Chapter Challenge: The Israel Chapter and the Charlotte Chapter (Small); The St. Louis Chapter (Medium); and the Chicago Chapter (Large)

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In addition, Krebs recognized ACC’s Northeast Chapter and its President, Paul Cushing, for their unyielding support of ACC and for their assistance as host Chapter for this year’s Annual Meeting. Krebs also welcomed a number of organizations that made the trip to Boston – some so far as Australia – including, Veta Richardson, from the Minority Corporate Counsel Association; David Patience and Tony Degovrik from the Australian Corporate Lawyers Association; Rodney Moore and Maurice Foster from the National Bar Association; and Esther Lardent from the Pro Bono Institute. Accolades were capped off with recognition for the 12 past ACC Board Chairs attending this year’s Annual Meeting – a record number. 

As the evening drew to an end, the buzz was still going strong --- the next three days are sure to be filled with engaging encounters, interesting insights and awareness for new ideas and opportunities among the thousands of in-house counsel in Boston this week.

* Susan E. Jacobsen, formerly ACC’s Director of Communications, was retained by ACC to cover this year’s Annual Meeting and will be providing coverage of the sessions and networking events throughout the conference.

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Check out our photos from today's Law Department Ethics DVD presentation.

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Today, Susan Hackett is delivering the ACC Ethics DVD presentation to over 50 in-house counsel at Marriott headquarters. The ethics DVD, produced in late 2008, first debuted to great acclaim, at the ACC Annual Meeting in Seattle last October.  It's interactive and 'open style' forum allows for participants to share their thoughts and perspective on different ethical scenarios presented in the DVD.

This program provides in-house counsel the opportunity to receive ethics CLE credit while in the comfort of their own offices. Marriott has a beautiful campus- we're excited to be here. And we're about to get started. . . 

In the meantime-what are your thoughts on ethics CLE requirements?

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Fred Krebs reporting this week from the National Conference of the Australian Corporate Lawyers Association.

I have spent the past week in Australia attending the ACLA National Conference, and was struck by the commonality of interests and issues faced by in-house counsel around the world. When you consider many of the programs at this conference and compare to what we recently addressed at ACC’s Annual Meeting, it’s apparent that our concerns are quite similar:

The ACLA Conference:

• Challenges for In-House Counsel Operating in Globalised Markets
• How to Retain Privilege and Independence as In-House Counsel
• Reducing External Legal Costs By 20%
• The Future Direction of Corporate Regulation in Australia
• What the Board and CEO Expect From In-House Counsel

A sample from the ACC Annual Meeting:

• A Practical Approach to Compliance Challenges in the International Arena
• ACC's Value Challenge: Reconnecting Costs to Value in Outside Legal Services
• Care & Feeding of the Board: Liability Issues for Board Members

We have much to learn from and share with each other!

Here, too, in-house counsel are recognized for going above and beyond, and Helen Gillies, corporate counsel for engineering firm Sinclair Knight Merz, received the award for Corporate Counsel of the Year during the annual dinner.  Recognition for strategic contributions to the profession cannot be overlooked, and ACC presented awards recognizing a number of in-house counsel members for their contributions to the and their unparalleled commitment to ACC.

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