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

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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