March 2023 Legal Industry News Highlights: Law Firm Hiring News, Industry Awards and Recognition, and the Latest Updates in Diversity and Inclusion

Welcome back to another edition of the National Law Review’s legal industry news roundup. We hope you are remaining safe, happy, and healthy! Please read on below for the latest in law firm hiring and expansion news, key industry awards and recognition, and a spotlight on important diversity, equity, and inclusion updates!

Law Firm Hiring and Expansion

Joanna Horsnail has been named managing partner of Mayer Brown’s Chicago office, effective February 28, 2023. Her appointment marks the fourth consecutive female leader for the firm’s largest office. Ms. Horsnail’s practice has primarily focused on advising clients on key transformational deals, primarily in the City of Chicago and State of Illinois. Most notably, she counseled on the deal securing the James R. Thompson Center as the corporate headquarters for Google, and has also previously worked with the Illinois Sports Facilities Authority, the Metropolitan Pier & Exposition Authority, the Chicago Symphony Orchestra and other public and not-for-profit organizations.

“Joanna’s well-earned reputation for professional excellence, coupled with her outstanding profile in the Chicago community make her an exceptional choice to lead the office,” said firm chair Jon Van Gorp. “Her natural charisma, approachability as a mentor to many and vision for the office will make her an inspirational and hugely successful leader. I look forward to working closely with her to achieve the growth and development objectives that the firm has for this office, which is where I started my career at Mayer Brown.”

“I’m delighted to be named office managing partner,” said Ms. Horsnail. “I have such tremendous enthusiasm for both Mayer Brown and this office and look forward to guiding the office as we continue our success in Chicago.”

Morten Lund has joined Foley & Lardner’s San Diego office as an of counsel in the Finance Practice Group. Mr. Lund has more than 25 years of experience advising developers, lenders, investors, and other project participants and has extensive experience in the energy sector.

Mr. Lund’s practice has primarily focused on solar energy and energy storage projects. His range of project experience also includes wind energy projects, combustion generator projects, nuclear energy facilities, hydroelectric facilities, cogeneration facilities, chemical facilities, forestry/paper facilities, large aircraft, and shipping fleets. He earned his JD from Yale University.

Eversheds Sutherland has added Megan K. Hall to their Tax Practice Group as a partner. Ms. Hall, located in the firm’s Washington D.C. office, further strengthens the firm’s international tax capabilities, focusing chiefly on transactional matters, cross-border employment and global mobility. She has previously worked with clients including multinational corporations on international tax matters, including the tax aspects of acquisitions, mergers, internal restructurings and business formations.

“I’m very excited to welcome Megan to the team and know she will add depth to our international tax practice,” said Robert S. Chase, US Tax Practice Group Leader. “Megan’s familiarity with cross-border operational structures and the tax considerations relevant to operating a multinational business enhances the firm’s ability to support clients in an area of increased focus for international tax authorities. The firm’s global footprint will provide a unique opportunity to enhance support to her international network.”

Jeremiah Kelly and Justin Coen have joined Venable LLP as partners in the firm’s FDA Group. Mr. Kelly’s practice concentrates on the FDA’s complex regulatory framework, helping clients with product development, application, and compliance for drugs, biologics, medical devices, and combination products. Mr. Coen’s practice focuses on guiding companies through FDA regulations related to drug, biologic, and device development, advising them on every stage of product development and commercialization.

Claudia A. Lewis, a co-chair of the firm’s FDA Group, said, “Venable has established itself among the premier practices in the FDA regulatory space and is regularly called upon to handle a myriad of issues involving the development and marketing of products regulated by the FDA. With the addition of Jeremiah and Justin, our services now include robust legal capabilities for companies navigating the FDA regulatory framework to commercialize drugs, biologics, devices, and combination products, among other product categories.”

Legal Industry Awards and Recognition

Janet Wagner, principal in the Banking practice at Chuhak & Tecson, P.C., has been accepted as a fellow of the respected American College of Mortgage Attorneys (ACMA) for 2023. Fellows of ACMA, which is composed of lawyers in North America who are authorities in mortgage law, seeks to give back to their profession, improving and reforming laws and procedures affecting real estate secured transactions and raising the level of performance of lawyers practicing in this area. Candidates are recommended each year and are selected after thorough review of their qualifications and achievements.

Ms. Wagner primarily focuses her practice on banking and commercial financing transactions, providing key counsel to commercial banks, credit unions, institutional lenders, insurance companies and other lenders. Previously, she has represented lenders involving a variety of classes of real estate in states across the country on acquisitions, refinancing and construction loans.

The Brain Injury Association of America (BIAA) has named Lawrence J. Buckfire to their prestigious Preferred Attorneys Program. The objective of the Preferred Attorneys Program is to offer a credible, diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and individuals with brain injury, their family members/caregivers, and others seeking legal counsel. BIAA Preferred Attorneys are selected for their demonstrated legal credentials and their knowledge of the physical, cognitive, emotional, and financial tolls a brain injury inflicts.

Mr. Buckfire has consistently demonstrated skill and ability in representing those affected by a brain injury. He is the lead trial attorney and managing partner at Buckfire & Buckfire, P.C. His practice focuses primarily on child lead paint poisoning, wrongful death, nursing home neglect, medical malpractice, and other serious injury cases.

Adam Beaudoin of Ward and Smith has been chosen to serve as President-Elect of the Board of Directors for the Community Associations Institute of North Carolina (CAI-NC). The Community Associations Institute seeks to promote and strengthen community associations, focusing on education and resources for homeowners, volunteers, and professional managers.

Mr. Beaudoin brings extensive experience to his new role with CAI-NC, having previously practiced community associations law for nearly two decades. He is the Co-Chair of Ward and Smith‘s Community Associations Practice Group, and he has been a CAI-NC member since 2006. He has presented at several local and national CAI events, served on the Legislative Action Committee, and was a board member prior to his election.

Diversity, Equity, and Inclusion News

Katten Health Care Partner and Deputy General Counsel Kenya Woodruff has been profiled as a Leader in Diversity by the Dallas Business Journal. Ms. Woodruff is the National Chair of Katten’s Diversity Committee Women’s Leadership Forum, where she leads efforts to provide women attorneys with the professional tools and support to take their rightful place as leaders in law.

“I’m particularly proud of the professional development programming we have offered through the Women’s Leadership Forum to help empower our female attorneys at the firm and give them the skills needed to advance in their careers,” says Ms. Woodruff.

Woodruff’s practice centers around the healthcare industry, where she uses her legal, business, and regulatory expertise to support successful clinical operations and corporate transactions. She has previously worked as Deputy General Counsel for Parkland Health & Hospital System and Privacy Officer for a publicly traded radiology company.

Three Barnes and Thornburg attorneys will represent the firm in two 2023 Leadership Council for Legal Diversity ProgramsAdetayo Osuntogun, Partner at the D.C. office, will join LCLD’s Fellows Program, a year-long training program focused on relationship-building and leadership skill development. Indianapolis Associate Alyssa Hughes and Los Angeles Associate Mihran Yezbekyan are joining the LCLD Pathfinders Program, which gives early career professionals the chance to develop tools related to leadership, career development, and professional networking.

Mr. Osuntogun is an international trade law expert focused on helping businesses handle global commerce matters related to trade policy, customs, imports, economic sanctions, export laws, and more. He is active with Alpha Phi Alpha, the Diverse Associates Network, and the National Bar Association. Ms. Hughes, who The Best Lawyers in America listed as one of 2023’s “Ones to Watch,” works in the Litigation Department on matters related to government and internal investigations, corporate criminal defense, and general commercial disputes. Mr. Yezbekyan also works in the Litigation Department, handling product liability, mass torts, and consumer class actions. Outside of the office, he volunteers with the Los Angeles County Bar Association Judicial Elections Evaluation Committee.

“LCLD has been a long-standing partner of Barnes & Thornburg. Their pathfinder and fellow programs align with our mission to position all of our talent to win,” said Dawn R. Rosemond, firm diversity partner. “We know that these programs will only further elevate Adetayo, Alyssa and Mihran’s professional practice and presence.”

Stanley Blackmon, Partner at Bradley Arant Boult Cummings’ Birmingham office, has also been selected to be a 2023 Leadership Council on Legal Diversity Fellow. The program will provide alumni networks, mentoring, accountability partners, leadership lunches, and class meetings to advance his legal diversity efforts and help others to do the same. LCLD Fellows are selected for their leadership, engagement, and commitment to diversity and inclusion, which Mr. Blackmon demonstrates through his active pro bono practice and involvement with the Birmingham Bar Association as President of the Young Lawyers’ Section, the Magic City Bar Association as an Executive Committee Member, the Alabama Standing Committee on Rules of Appellate Procedure, and the American Bar Association.

“We congratulate Stanley on his selection as an LCLD Fellow,” said Bradley Director of Inclusion and Diversity George D. Medlock, Jr. “Since Bradley joined LCLD in 2020, we have been proud to participate in and support the LCLD’s programs, which help prepare future generations of diverse talent for the highest positions of legal leadership.”

Copyright ©2023 National Law Forum, LLC

8 Best Lawyer Forums Online

Though unorthodox for a traditional profession like the law, remote work is becoming a more realistic option for lawyers all over the country. With the help of tools like legal practice management software and options to practice law in multiple states, lawyers everywhere are tackling the challenges of remote work.

But one obstacle that remains is networking. Remote lawyers need to put extra work into maintaining professional connections and building an online presence, both of which are made easier with online forums designed specifically for legal professionals.

What Is an Online Forum?

An online forum is an internet space dedicated to conversation using questions, answers, responses, and prompts. Typically, online forums are asynchronous — users post a question, then other users respond at their leisure.

Posts in forums are archived and arranged into categories like post date, popularity, and more. Discussions can last for hours, days, months, or possibly years, as long as users continue to contribute.

Why Should Lawyers Use Online Forums?

After the rapid shift to remote work during the COVID-19 pandemic, plenty of industries saw the value of allowing employees to work from home – including law firms. More and more lawyers are working remotely, but that could come at the cost of networking.

Networking doesn’t have to mean interactions that take place over coffee, lunch, cocktails, golf excursions, or big events. In the strictest sense, networking is any meeting between people, whether in a group or one on one, online or in-person, which can be done using online forums.

Online forums dedicated to lawyers and the legal industry are an effective way to facilitate networking opportunities when in-person meetings aren’t an option. Getting involved in online forums help lawyers discuss industry topics with experts and thought leaders, stay current on trends and technology, and learn valuable tips from other lawyers.

Top 8 Online Forums for Lawyers

Curious about online forums? Here are the best options for lawyers and legal professionals to engage with other legal professionals and build a network as a remote attorney:

1. Quora

Quora is a broad forum that covers a variety of topics in question-and-answer formats, including the legal industry. You can easily search for questions or topics that are trending in the legal industry and contribute expert answers to boost your credibility. The more answers you provide, and the more other users engage with you, the closer you can get to becoming a thought leader in the space.

2. Bar Association Forums

Bar association forums are always a benefit to lawyers, remote or otherwise. There are plenty of options to choose from, including local bar associations or forums dedicated to your practice area. Best of all, you’ll be engaging with other knowledgeable legal professionals to connect and network.

3. Social Media Groups

Social media channels like Facebook and LinkedIn have dedicated groups that bring together users based on interests or industries, such as the legal industry. These two platforms are among the best for getting into a private or public group and enhancing your online presence. Keep in mind that you are representing yourself as a lawyer in these groups, so use a professional social media account, not your personal one.

The Thomson Reuters Legal Community is an exclusive option for customers of Thomson Reuters that brings together a virtual community of lawyers to network and engage in group settings. You can connect with lawyers from all different practice areas, both locally and nationally, and gain valuable insights from industry experts.

5. The Lawyerist Community

The Lawyerist is an online community dedicated to small firm lawyers to provide coaching, podcasts, books, guides, and other insights. The company has its own online lawyer forum – The Lawyerist Community – on Facebook to discuss law firm best practices, trends, and ideas.

6. Reddit

Reddit has some of the best online forums for a range of different topics, from broad subjects like sports to niche communities dedicated to obscure literature. There’s also a legal forum, r/LawFirm, that’s an informal community for lawyers to discuss running a law firm and the legal industry as a whole. There’s also a lawyer subreddit that you can join if you’re licensed.

7. Slack

Slack is a top-rated collaboration platform that offers individual channels for groups of users. There are several communities dedicated to the law, including LawyerSmack, which is comprised of private attorneys.

8. Law School Alumni Forums

Some law schools have online forums for alumni to stay connected with faculty and colleagues. While not every school offers an online forum for networking, if yours does, you can build vital industry contacts and further your practice. You’ll also get updates on news, trends, and in-person network events by participating in the forum.

Outlook on Online Forums

Remote and hybrid working models are the “new normal,” even for lawyers. Now that law firms and lawyers have seen the benefits in productivity, work-life balance, and enhanced communication afforded by remote work, there’s no going back.

Still, lawyer networking is essential for lawyers to grow their practice, no matter if it’s online or in-person. Along with joining forums to engage in discussions with other industry professionals, you can enhance your remote work with law practice management software. The right law firm software empowers lawyers to manage their practice from anywhere.

Start Networking Remotely

Networking is a big part of successful client acquisition for lawyers. Though it takes a little more work to keep up with networking as a lawyer working remotely, online lawyer forums can keep you connected to other industry professionals. And because you can engage with lawyers all over the country, you can find even more opportunities online than in person at networking events.

© Copyright 2023 PracticePanther

DOL Issues Guidance on Handling Telework Under FLSA, FMLA

The U.S. Department of Labor (DOL) has issued guidance on the application of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to employees who telework from home or from another location away from the employer’s facility.

The Field Assistance Bulletin (FAB) 2023-1, released on February 9, 2023, is directed to agency officials responsible for enforcement and provides employers a glimpse into how the DOL applies existing law and regulations to common remote-work scenarios. FAB 2023-1 addresses FLSA regulations governing “hours worked,” rules related to break time and privacy for nursing employees, and FMLA eligibility factors.

Hours Worked

In the FAB, the DOL reviews the rules governing compensability of work time, explaining that, regardless of work location, short breaks (typically, 20 minutes or less) generally are counted as compensable hours worked, whereas, longer breaks “during which an employee is completely relieved from duty, and which are long enough to enable [the employee] to use the time effectively for [their] own purposes[,] are not hours worked.” Examples of short breaks, whether at home or in the office, include when an employee takes a bathroom or coffee break or gets up to stretch their legs.

Longer rest breaks and periods of time, when employees are completely relieved from duty and able to use the time for their own purposes, are not considered work time. Just as would be the case when an employee is working in the office, if during remote work an employee’s 30-minute lunch break is interrupted by several work-related phone calls, that 30-minute period would be counted as hours worked. Conversely, if an employee working from home takes a three-hour break to pick up their child or to perform household chores, that time does not count as work time under the FLSA. In short, the FAB reiterates the telework guidance set forth by the DOL in a Q&A series published during the height of the COVID-19 pandemic.

The FAB emphasizes that, regardless of whether an employee performs duties at home, at the worksite, or at some other location, if the employer knows or has reason to believe that work is being performed, the time must be counted as hours worked. Importantly, the FAB notes that an employer may satisfy its obligation to exercise reasonable diligence to acquire knowledge regarding employees’ unscheduled hours of work by providing a reasonable reporting procedure for employees to use when they work non-scheduled time and paying employees for all hours worked. This guidance was addressed in greater detail in FAB 2020-5.

Guidelines for Nursing Employees

The FAB further clarifies that, under the FLSA, an employer’s obligation to provide employees “reasonable break time,” as well as an appropriate place to express breast milk, extends to employees who are teleworking or working at an off-site location. Just as an employer has an obligation to provide an “appropriate place” for an employee to express milk while working at a client site, the employer should ensure a teleworking employee has privacy from a “computer camera, security camera, or web conferencing platform” to express milk.

Employers are not required to pay employees for otherwise unpaid breaks simply because the employee is expressing breast milk during the break, but if an employee is working while pumping (or if the pumping occurs during an otherwise paid break), they must be paid for that time. For example, in most cases, if a remote employee attends a call or videoconference off camera while pumping, that employee would be considered on duty and must be paid for that time.

The recently enacted PUMP Act expanded existing employer obligations under the FLSA to cover exempt employees, as well as non-exempt employees. The DOL has published more guidance on breast milk pumping during work.

Eligibility Under FMLA

The DOL also addresses FMLA eligibility requirements for remote employees both in terms of hours worked (employee must work 1,250 hours in the previously 12 months) and the small worksite exception (employee must work at a worksite with at least 50 employees in a 75-mile radius).

As with the FLSA, it is important for employers to have a system to track their remote workers’ hours. With respect to hours worked, the FAB reiterates that the 1,250 hours determination for remote worker is based on compensable hours of work under FLSA principles.

With respect to the worksite size determination, the FMLA regulations explain that an employee’s personal residence is not a worksite. Instead, whether a remote employee is FMLA-eligible is based on the size of the worksite from which “they report to” or “their assignments are made.” If a remote employee reports into or receives assignments from a site with 50 or more employees working at that site (or reporting to or receiving assignments from that site) or within 75 miles, then that employee would meet that eligibility factor.

The DOL provided two examples of this rule:

  • When both a store employee and their supervisor are working from their homes temporarily due to a weather emergency, for FMLA eligibility purposes, the store remains their worksite.

  • When remote employees are working in various cities more than 75 miles away from the company headquarters but receiving assignments from a manager working at the headquarters, for FMLA-eligibility determination, the company’s headquarters would be considered the workplace for the remote employees.

Employers are reminded to review state and local wage and hour laws, paid and unpaid leave laws, and lactation accommodation laws.

Jackson Lewis P.C. © 2023

10 Tips When Hiring a Federal Appeals Lawyer

When hiring a federal appeals attorney, it is important not to take your decision lightly. There is a good chance that the outcome of your appeal will have a major impact on your life or business—whether positive or negative—and your choice of counsel will have a major impact on your chances of success.

For many people, their first instinct is to engage their trial counsel for their appeal. On its face, this makes sense. Trial counsel is already intimately familiar with the facts of your case, and trial counsel is—or should be—well aware of the grounds that are available for seeking relief at the appellate level.

But, while trial counsel can be a good option in some cases, defendants should not engage their trial counsel by default. There are many circumstances in which hiring trial counsel to continue forward with an appeal will not be the right choice. There are several factors to consider, and considering all of these factors is essential for making an informed decision.

“Some lawyers are better equipped to handle federal criminal appeals than others. This is not a slight toward lawyers who don’t handle federal appeals, but rather simply an acknowledgment that federal appeals are a unique practice area just like white collar criminal defense, healthcare fraud defense, or defending against allegations of serious violent crimes. If you need to appeal the outcome of your federal criminal case, it is imperative that you choose a lawyer who has been there many times before.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

Due to the unique challenges involved in successfully pursuing a federal criminal appeal, the considerations involved in choosing a federal appeals attorney are not the same as those involved in choosing trial counsel for a federal criminal case. This is important to keep in mind, and understanding the unique nature of the federal appeals process will help you make an informed choice about your appellate representation.

How To Choose Appellate Counsel for a Federal Criminal Appeal

So, how should you choose appellate counsel for your federal criminal appeal? Here are 10 tips to keep in mind when hiring a federal appeals lawyer:

1. Understand that an Appeal is Not a Re-Trial

The first thing to understand that will help you make an informed decision about your choice of appellate counsel is that an appeal is not a re-trial. As a result, being an effective trial lawyer does not necessarily translate to having the skills needed to provide effective representation at the appellate level. The federal trial and appellate processes are very different, and many of the arguments and strategies that work at trial are completely irrelevant to the process of seeking relief from an unjust conviction or sentence on appeal.

For example, while providing effective trial representation requires the ability to effectively question witnesses and argue the facts to the jury, providing effective appellate representation requires persuasive writing abilities and the ability to effectively argue the law to a panel of judges who aren’t necessarily focused on the defendant’s guilt or innocence. On appeal, the focus is instead on determining whether errors at the trial level entitle the defendant to the opportunity to pursue a different outcome.

2. Focus on Hiring a Lawyer with Significant Federal Appellate Experience

Given the unique nature of the federal appeals process, relevant experience is undoubtedly the most important factor to consider when choosing a lawyer to represent you. This means experience handling federal criminal appeals in cases similar to yours—and ideally experience handling federal criminal appeals in the U.S. Circuit Court of Appeals that will hear your case. Although, this latter consideration is definitely the less important of the two. While each U.S. Circuit Court of Appeals has its own rules of practice, it is far easier to adapt to a new set of procedural rules than it is to get up to speed on the substantive issues involved in a complex federal case.

3. Carefully Consider Whether Your Trial Counsel is Your Best Option

As we touched on above, continuing to work with your trial counsel for your federal criminal appeal may or may not be your best option. As a baseline, you should only consider engaging your trial counsel for your appeal if he or she has extensive experience in federal appellate practice. While some lawyers handle trials and appeals, many devote their careers to handling one type of case or the other.

Even if your trial counsel also has significant experience, you will still want to weigh other factors as well. How effective was your trial representation? Do you have any concerns about whether your trial counsel was able to effectively preserve your grounds for appeal? Does your attorney have other major trials in the pipeline? These are all important questions to consider when making your decision.

4. Expand Your Search

When choosing a federal appeals attorney, you don’t necessarily have to stay local—and, in fact, staying local might not be your best option either. There are federal appeals lawyers who handle cases throughout the country; and, depending on where you live or your business is located, your local options may be fairly limited. You can (and should) expand your search to law firms with a nationwide presence, and you can (and should) choose a lawyer based on relevant experience rather than geographic proximity.

5. Schedule a Consultation to Discuss Your Appeal

Whether you are considering your trial counsel or you are looking elsewhere for your appellate representation, you should schedule a consultation to discuss your appeal. Before you invest in an appeal, you need to make sure it makes sense to move forward. Scheduling a consultation also gives you the opportunity to speak with a lawyer one-on-one and decide whether he or she seems like the right choice to handle your case on appeal.

6. Do Some Legwork Yourself

In addition to scheduling a consultation, you can also do some legwork to help you make an informed decision—and to help yourself and your lawyer begin preparing for your appeal. When it comes to choosing a federal appeals lawyer, this includes taking steps such as:

  • Visiting the lawyer’s website and reading about his or her experience

  • Reading client reviews and testimonials online

  • Preparing a list of questions to ask during your initial consultation

When it comes to preparing for your appeal, some of the steps you can take to prepare in advance of your initial appellate consultation include:

  • Taking notes about any potential grounds for appeal that you have discussed with your trial counsel

  • Taking notes about any other specific issues during your trial that you think may have led to an unjust result

  • Familiarizing yourself with the unique aspects of federal appellate practice

7. Do Not Fall for a Sales Pitch

While a lawyer should only be willing to take your case if he or she is capable of representing you effectively, you still need to be careful to avoid falling for a sales pitch. Unfortunately, if you schedule a consultation with a lawyer who isn’t the right choice to handle your case, there is a possibility that he or she may still try to convince you otherwise. While these instances are relatively rare, they do happen. If you feel like a lawyer is pressuring you to move forward with an engagement, this is most likely a sign that you should choose someone else for your federal criminal appeal.

8. Schedule Another Consultation if Necessary

This brings us to another important point: If you schedule a consultation with a lawyer and you are not confident in the lawyer’s ability to handle your appeal effectively for any reason, you should not hesitate to schedule another consultation at another firm.

9. Make Your Decision Carefully

If it is not already abundantly clear, when hiring a federal appeals attorney, you need to make your decision carefully. You should not rush, and you should not make your decision out of convenience or the desire to avoid putting in effort. Your effort to find the right lawyer for your appeal will be well worth it. Whether you are facing a conviction as an individual or your business has been convicted of corporate fraud or any other crime, you need to have unwavering confidence in your counsel’s ability to provide strategic and efficient appellate representation. The more effort you put into choosing the right lawyer, the more confidence you will have in your decision.

10. Make Your Decision Promptly

Finally, while it is important not to rush your decision, you still need to make your decision promptly. Under the Federal Rules of Appellate Procedure, you only have 14 days to file a Notice of Appeal. While a Notice of Appeal is a simple form filing, you cannot afford to risk any mistakes or delays. So, whether it has been hours or days since the trial court’s decision, finding the right federal appeals lawyer to represent you (or your business) needs to be your top priority.

Oberheiden P.C. © 2023

January 2023 Legal Industry News Highlights: Law Firm Expansion and Promotions, Industry Awards and Achievements, and a Spotlight on Diversity, Equity, and Inclusion in the Legal Field

Welcome back to another edition of the National Law Review’s legal industry news roundup, including a focus on law firm hirings and expansions, noteworthy awards and accomplishments in the field, and the latest in DEI efforts across the industry. We hope you are remaining safe and healthy, and that your new year has started off strong!

Additionally, be sure to check out the latest episode of our legal news podcast, Legal News Reach. New episodes will be forthcoming in 2023!

Law Firm Hiring and Expansion

Jennifer L. Budner has joined Goldberg Segalla’s White Plains office as a member of the Civil Litigation and Trial group. Ms. Budner focuses her practice primarily on litigation and trial counseling, having specialized in personal injury and wrongful death litigation for more than 20 years. She has a great deal of experience handling high exposure labor and construction law matters, and has represented many different types of clients, including property owners and contractors, product manufacturers, and a variety of business owners in various employment and product liability law actions.

Mayer Brown has added partner Richard Snyder to the firm’s Antitrust & Competition practice in Washington DC. Mr. Snyder focuses his practice on civil antitrust litigation, having previously represented clients in both federal and state court, and having appeared regularly before the US Department of Justice and the Federal Trade Commission. He has a great deal of experience in many areas, including merger reviews, criminal antitrust investigations, and a variety of conduct matters.

“With increasing enforcement activity, Rich’s experience in successfully handling antitrust matters in strategic transactions and before various government agencies will be invaluable to our clients,” said William Stallings, co-leader of Mayer Brown’s global Antitrust & Competition practice.

Bergeson & Campbell, P.C. and The Acta Group recently announced a number of noteworthy promotions within the firm:

  • Catherine M. Croke, DBA, has been named Director of Product Stewardship and Regulatory Affairs. Dr. Croke has decades of experience executing product stewardship and regulatory compliance programs in the field of chemicals and materials, formerly serving as Senior Advocacy and Compliance Manager with Evonik Corporation, Regulatory Affairs Manager for Arkema, and a Physical Science Technician with the U.S. Department of Agriculture.
  • Irene M. O’Hara has joined B&C® Consortia Management, L.L.C. (BCCM) as a Consortium Manager. Ms. O’Hara’s specialty is in association management, including stakeholder engagement, project management, and external affairs. She has previously worked with the Association of Corporate Counsel, the Institute of Scrap Recycling Industries, and the Smithsonian Institution’s Hirshhorn Museum.
  • Karin F. Baron, MSPH, has been named the Director of Hazard Communication and International Registration Strategy. With around 20 years’ experience in developing, implementing, and managing complex chemical regulatory compliance strategies, Ms. Baron primarily focuses her practice on navigating the Globally Harmonized System of Classification and Labeling of Chemicals, including classification, labeling, and authoring of compliant safety data sheets, as well as hazard and risk assessment.

Lynn L. Bergeson, Managing Partner of B&C, President of Acta, and President of BCCM, said of the hirings, “Our growing team of experts reflects the diversity of our substantive skill set, our expanding client base, and our commitment to providing our clients with the best and most efficient team of legal, regulatory, and scientific experts available.”

OLIVARES has named two new partners to the firm: Rommy Morales and Jaime Rodríguez. Ms. Morales, who co-chairs the Patent Group at the firm, focuses her practice on prosecution and enforcement of pharmaceutical patents in Mexico. In addition to her wide array of experience counsel to national and international clients regarding the protection and enforcement of their intellectual property rights, she has also repeatedly obtained patents for complex biotechnological inventions that have not been protected elsewhere.

Mr. Rodriguez’s practice is focused on intellectual property and copyright law matters, with extensive experience in trademarks, unfair competition, and domain name dispute resolution. Since 2007, he has achieved a number of impressive litigation results at OLIVARES, and has continued to serve as a professor at various educational institutions in Mexico, as well as publishing a great many articles related to his practice and to intellectual property law in general.

“Our new partners exemplify the success that comes from dedication to the firm’s mission. We are all excited about what the future looks like with these new leaders with us,” said Sergio Olivares, managing partner of the firm.

Legal Industry Awards, Events, and Recognitions

Ward and Smith has been named a 2023 Data Privacy Week champion by the National Cybersecurity Alliance. A non-profit organization that seeks to create a more secure and interconnected world, the National Cybersecurity Alliance works to develop notable partnerships between governments and companies to foster the greater digital good. With the reception of this title, Ward and Smith has committed to upholding the important responsibility of protecting personal information and individual privacy.

“Privacy is a right that must be proactively safeguarded and protected,” said Angela Doughty, CIPP/US. “Data Privacy Week helps remind us of actions we can take now – before it’s too late- in order to ensure security against costly incidents and harm.”

Strassburger McKenna Gutnick & Gefsky attorney Alexis M. Wheeler has been appointed to the Board of Directors of Bethany Christian Services of Western Pennsylvania. Bethany Christian Services is a global non-profit organization that supports children and families with world-class social services. Ms. Wheeler, who first began working with the organization last year, has assisted by providing support for a transitional foster care facility, as well as providing long-term refugee foster care and refugee and immigrant resettlement services.

At Strassburger McKennaMs. Wheeler focuses her practice primarily on municipal law and real estate, and additionally works closely with the litigation practice group and the investigation practice group. Ms. Wheeler started with SMGG as a Law Clerk and was asked to join the firm as an Associate after graduation from law school.

Mark Brutzkus and Nick Rozansky of Stubbs Alderton & Markiles, LLP have been named to Thomson Reuters’ Top 100: 2023 Southern California Super Lawyers List. Thomson Reuters recognizes Super Lawyers each year in Southern California, a process that involves peer recommendations, independent research, and peer evaluations. The lawyers who excel in the Super Lawyers selection process are prominently recognized in the Top 100 list.

Mr. Brutzkus, a partner at the firm, primarily focuses his practice on representing consumer product companies in corporate, commercial, intellectual property, finance, transactional, and other matters. Mr. Rozansky, also a partner at the firm, works in both the Business Litigation and Trademark and Brand Protection Practice Groups. He represents clients in several industries, including fashion and apparel, jewelry, banking and finance, and consumer products.

The Legal Sales & Service Organization (LSSO), the leading industry association for law firm sales and legal service professionals, is beginning 2023 with the announcement of its 20th Anniversary Advisory Board and Editorial Board.

LSSO Co-Founder Silvia Coulter, a Principal of LawVision:

“These industry influencers are the right people at the right time for LSSO to build on its legacy, and together we can reflect on impact to date and act on plans for the future support of LSSO’s members and the broader legal community’s sales and service goals.”

LSSO launched two decades ago, as positions such as Chief Business Development Officer, Client Relationship Executive, Chief Strategy Officer, Director of Project Management, and Client Value Director did not exist inside law firms. Then and today, these roles are essential for any law firm to survive and thrive, and LSSO was formed to meet the unique needs of these roles in a law firm environment.

LSSO is well known in legal circles for annual RainDance Conference, which in 2023 will be held June 7 and 8 in Chicago, which features tactical discussions with senior business development and legal sales professionals, along with keynote speakers who are sought-after industry change agents, and veteran legal services executives.

Diversity, Equity, and Inclusion Efforts

Twelve lawyers from Barnes & Thornburg have been named to the Lawyers of Color’ Law Firm Leaders publication:

  • Michelle N. Bradford, Partner, Co-Chair of Financial and Regulatory Litigation Practice Group
  • Michael A. Carrillo, Secretary of Management Committee and Managing Partner of Chicago Office
  • Jeff Davis, Of Counsel, Chair of Native American Law and Policy Practice Group
  • Roscoe C. Howard, Jr., Chair of Racial Justice Committee and Managing Partner of Washington, D.C., Office
  • Naomi Y. Kwang, Partner, Chair of Greater China and Southeast Asia Practice Group
  • Salvador P. LaViña, Partner, Chair of Real Estate Department
  • Alan K. Mills, Partner, Chair of Special Servicers Group and Co-Chair of Supply Chain Group
  • David Paragas, Partner, Co-Chair of Federal Relations Practice Group
  • Mari Yamamoto Regnier, Partner, Chair of Global Services-Japan Practice Group
  • Kristen L. Richer, Partner, Co-Chair of Consumer Class Action Defense Practice Group
  • Erika Weiss, Associate, Member of Legal Personnel Administration Committee
  • David A.W. Wong, Partner, Chair of Internet and Technology Group

Lawyers of Color is a national nonprofit dedicated to promoting diversity in the legal profession. The organization regularly recognizes noteworthy attorneys in the field through publications and conferences, seeking to advance democracy, equality, and inclusion in marginalized communities and the practice of law.

Michael D. Thomas, Principal at Jackson Lewis P.C., has been featured in the Los Angeles Times’ 2022 Diversity, Equity, Inclusion & Accessibility magazine as a DEIA Visionary. The magazine seeks to highlight notable thought leaders in the California business community who place great emphasis on diversity, equity and inclusion within their field. Mr. Thomas primarily focuses his practice on defending employers in state and federal wage and hour class actions, working in industries including manufacturing, retail, and hospitality.

“Michael’s longstanding efforts to promote and strengthen DEI policies throughout businesses in California are another affirmation of our commitment to these initiatives as a core value of the firm,” said Alison L. Lynchthe firm’s Orange County office managing principal. “We congratulate him on this recognition and look forward to his continued advocacy for a more inclusive workforce.”

Rebecca E. Shope, Partner and Labor, Employment and Benefits Regional Service Line Leader at Shumaker, has been named a 2023 Leadership Council on Legal Diversity Fellow. Ms. Shope, who primarily practices in the fields of labor and employment, litigation, and family law, will be a part of the prestigious LCLD program, which since 2011 has sought to identify, train, and advance the next generation of leaders in the legal profession. The program provides participants with the opportunity to learn from top leaders in the legal profession, as well as experts in the fields of learning and development and executive coaching.

“Rebecca is an exceptional lawyer and future leader who joins a select group of experienced attorneys from diverse backgrounds who have been recognized for their leadership skills within their organizations and in the wider profession,” said Shumaker Partner and Diversity and Inclusion Committee Co-Chair Cheri Budzynski.

Copyright ©2023 National Law Forum, LLC

Future of Non-Competes Up in the Air

Future of Non-Competes Up in the Air

The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are (understandably) nervous. While many employers rely on these provisions to manage competition and protect their IP and confidential information, companies across the country may soon find themselves in the shoes of California employers, having to work around restrictions on non-competes to maximize protection within the increasingly narrow confines of the law.

Employers are not without options in responding to the potential changes should they become law–more aggressive retention incentives, intelligent data security, and stricter confidentiality agreements should all be part of the conversation. Even deferred compensation could be on the table, as noted in the article, though beware of the tax implications. Employers should also keep in mind that the FTC proposal, should it become law, will doubtless be subject to legal challenges and could be tied up in the courts for a while before becoming effective.

Observers on both sides say that limitations on the clauses will compel employers to get more creative about how they retain talent, using everything from compensation to career advancement to keep workers engaged and loyal to the company. Some companies use deferred compensation—such as retention bonuses or rolling stock options that vest after, say, three years—to give people incentives to stay.”

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.

B.S.ing with Bob Major [PODCAST]

When Bob Major founded Major, Lindsey & Africa in 1982, he could not have envisioned what the organization would become and the impact it would have on the legal profession. In this episode of B.S.: Beyond Stereotypes, Bob shares his journey with Merle Vaughn, including his childhood in Texas and Oklahoma, his Stanford education, and how both influenced his outlook on life personally and professionally.

Bob Major, founder and Partner at Major, Lindsey & Africa, grew up in Texas and Oklahoma. He received his undergraduate degree from Stanford University and attended The University of Texas at Austin where he received a J.D. degree. Bob spent five years at the Washington, D.C., firm of Wilmer, Cutler & Pickering (now WilmerHale) practicing in its federal administrative practice. Prior to founding his own legal recruiting firm, he spent a year in-house as securities counsel at Saga Corporation (Menlo Park, California).

©2023 Major, Lindsey & Africa, an Allegis Group Company. All rights reserved.

The Scope of Attorney-Client Privilege Over Dual-Purpose Communications

The Supreme Court will evaluate the scope of attorney-client privilege when applied to communications shared between counsel and client that involve both legal and non-legal advice (“dual-purpose communications”). The decision of the highest court will have long-lasting implications for both business organizations and their retained counsels. The potential outcome of this case cannot be understated.

In this matter, the grand jury issued subpoenas to an anonymous law firm seeking documents related to the government’s investigation of the firm’s client. The law firm had provided both legal and business services to the client by advising on tax-related legal issues and preparing the client’s annual tax returns. When the law firm and client (“Petitioners”) withheld certain correspondence on the grounds that they were protected by attorney-client privilege and the work-product doctrine, the government moved to compel the production of those documents. The district court held that, while the correspondence contained a “dual-purpose,” they were not protected by attorney-client privilege because the primary purpose of the correspondence was to obtain business tax advice and not legal advice.

On appeal, Petitioners argued that the appellate court should apply the “because of” test rather than the “primary purpose” test. The “because of” test asks whether the dual-purpose correspondence was made because of a need for legal advice. The application of this test would expand the scope of attorney-client privilege and protect the correspondence at issue. The Ninth Circuit Court of Appeals, however, rejected Petitioners’ argument and affirmed the district court’s decision. Petitioners appealed the Ninth Circuit’s decision, and the Supreme Court granted certiorari on October 3, 2022.

The Supreme Court’s decision in In re Grand Jury 21-1397 will be of particular significance for in-house counsels who regularly provide both business and legal advice to their employers. For outside counsels, the outcome of this case will shed light on the standard to be applied for asserting privilege over dual-purpose communications. Oral argument occurred on January 9, 2023 at the Supreme Court.

For more litigation news, click here to visit the National Law Review.

© Polsinelli PC, Polsinelli LLP in California

December 2022 Legal Industry News Highlights: Law Firm Hiring and Growth, End-of-Year Industry Awards, and Diversity and Inclusion News Updates

Happy New Year from the National Law Review! We hope you are remaining happy, safe, and healthy as 2022 ends and 2023 begins. We thank you for all the time you’ve spent with us this past year, and we are looking forward to an even brighter year coming up!

In case you missed it, be sure to check out the National Law Review’s 2022 Go-To Thought Leadership Awards, which recognizes around 75 noteworthy thought leaders that have published with the NLR in the past year. Awardees have been selected for their high-quality writing, timely publication, and wide readerships! The NLR’s thought leadership awards go to a small subsection of our talented contributing authors, and we sincerely appreciate their part in providing the legal community a free to use, reliable news source.

Finally, please be sure to check out this year’s final episode of our Legal News Reach podcast: Creating A Diverse, Equitable and Inclusive Work Environment with Stacey Sublett Halliday of Beveridge & Diamond! Also, a big shout out to Crissonna Tennison and Shelby Garrett for taking on the hosting duties of the NLR’s podcast.

Law Firm Hiring and Expansion

Davis Graham & Stubbs LLP (DGS) has announced the addition of six new partners: Andrea M. Bronson, who focuses her practice on environmental law and litigation; Nathan J. Goergen, who focuses his practice on mergers and acquisitions; Jonathan M. Goldstein, who focuses his practice on real estate law; Almira Moronne, who focuses her practice on mergers and acquisitions and financing; Alena Prokop, who focuses her practice on executive and equity compensation; and Daniel A. Richards, who focuses his practice on complex civil litigation.

“These six attorneys have shown an impressive level of dedication to the firm and to the community we serve,” said Davis Graham & Stubbs Co-Managing Partner Kristin L. Lentz. “Their professionalism, experience, and commitment to our clients make them valuable additions to the firm’s partnership. We wish them all the best in this exciting next chapter in their careers as lawyers at DGS.”

Rob McFadden has joined Hill Ward Henderson as Senior Counsel. A commercial real estate attorney, Mr. McFadden’s practice is primarily focused on representing clients in commercial development work with an emphasis on retail, office, industrial and ground leases. He provides clients with practical advice and solutions that safeguard their interests while furthering their business objectives.

Hill Ward Henderson has also added four new associates: Ana Abado, who focuses her practice on general commercial litigation; Ezichi Chukwu, who focuses her practices on commercial leasing and real estate acquisitions; Matthew Kelly, who focuses his practice on real estate transactions and development agreements; and Tyler Miller, who focuses his practice on mergers and acquisitions, venture capital, and private equity.

Laquan T. Lightfoot has joined Goldberg Segalla’s Transportation and Civil Litigation and Trial groups in Philadelphia. Ms. Lightfoot focuses her practice on a wide array of civil litigation matters, with a particular focus on transportation law. She has also formerly litigated in a variety of fields, including product liability, premises liability, premises security, motor vehicle accident, catastrophic injury, and employment law matters.

In addition to her litigation practice, Ms. Lightfoot serves as an arbitrator with the Philadelphia Court of Common Pleas Compulsory Arbitration Program adjudicating various civil disputes. Before entering private practice, Lightfoot served as an assistant district attorney in the Philadelphia District Attorney’s Office, where she was assigned to Major Trials of the Southwest Division.

Blank Rome LLP has added twelve new partners, as well as four new counsel, effective as of January 1st, 2023. The following attorneys were selected:

“We are thrilled to announce our firm’s 2023 elevated class,” said Grant S. Palmer, Blank Rome’s Managing Partner and CEO. “This group’s demonstrated talent, stellar client service, diverse backgrounds, and collaborative leadership and teamwork in their respective practice areas reflects Blank Rome’s commitment to recruiting, supporting, and advancing talented attorneys who will not only help our firm continue to grow and succeed, but also elevate the next successful generation of legal industry professionals.

Awards and Recognition for Law Firms

Sean C. Griffin, a member at Dykema Gossett PLLC in Washington, D.C., has joined the International Association of Defense Counsel, a highly-recognized, invitation-only global legal organization for attorneys who represent corporate and insurance interests. Mr. Griffin, a former trial attorney for the Department of Justice, represents government contractors, law firms, construction companies, and other businesses in complicated contract litigation. He additionally serves as the senior director at the Federation of Defense & Corporate Counsel.

“I look forward to my membership with the IADC and the opportunity to contribute to this global association of preeminent attorneys,” Mr. Griffin said. “I am excited to meet my fellow members.”

Stubbs Alderton & Markiles, LLP attorney Roger Lee has been recognized by the Los Angeles Business Journal in its annual list of “Leaders of Influence: Thriving in Their 40s.” The list, which specifically honors leading business professionals between the ages of 40 and 49, covers Mr. Lee’s noteworthy representation of Bushfire Kitchen in its new partnership with leading private investment firm CapitalSpring to fuel Bushfire’s growth in Southern California and beyond.

Mr. Lee is senior counsel at Stubbs Alderton & Markiles. His practice is primarily focused on advising emerging growth and middle market companies in a wide variety of transactions, including buy and sell side mergers and acquisitions, mezzanine and senior debt financing transactions, and asset-based financing transactions. Notably, Mr. Lee was also recognized as a 2022 Go-To Thought Leader by the National Law Review for his coverage of President Biden’s Creating Helpful Incentives to Produce Semiconductors Act.

John Rolecki of Varnum LLP has been named to the Privacy Bar Section Advisory Board for the International Association of Privacy Professionals, a not-for-profit association committed to providing a forum for privacy professionals. As the world’s largest information privacy organization, the IAPP is dedicated to defining, promoting, and improving the privacy profession globally by allowing professionals to share best practices, track trends, and advance privacy management issues.

Mr. Rolecki is a partner in Varnum’s Data Privacy and Cybersecurity Practice. Primarily, he advises leading technology companies on emerging domestic and international data privacy regulations, and additionally provides counsel on matters such as data breach responses and ransomware situations.

Legal Industry Diversity, Equity, and Inclusion News

Emily Burkhardt Vicente, a labor and employment partner at Hunton Andrews Kurth, and Jane Hinton, a real estate investment and finance partner at Hunton Andrews Kurth, were recognized as 2022 Diversity & Inclusion Visionaries in The Los Angeles Times’ Diversity, Equity, Inclusion & Accessibility magazine. This publication recognizes diverse business leaders who inspire change and exhibit achievements both within their organizations and the community at large through actionable programs and initiatives impacting diversity, equity, inclusion and accessibility.

Ms. Hinton focuses her practice primarily on real estate transactions, which includes joint ventures, acquisitions, and leasing and portfolio property management. She places a particular emphasis on structuring debt and equity transactions. Ms. Vicente co-chairs the firm’s labor and employment group, focusing her practice primarily on complex employment litigation (such as California and FLSA wage and hour class and collective actions), PAGA actions, and employment discrimination class actions.

Recently, a number of lawyers and legal professionals have been named to the Lawyers of Color 2022 Hot List. Four attorneys at Foley & Lardner LLP have been named to the list, including partner Senayt Rahwa, senior counsel Olivia Singelmann, and associates Elizabeth Nevle and Jennifer Park. The publication is a nonprofit dedicated to promoting diversity in the legal profession, as well as advancing democracy and equality in marginalized communities.

Ms. Rahwa and Ms. Singelmann are both located in the firm’s Washington, D.C. office. Ms. Rahwa focuses her practice on finance and financial institutions, whereas Ms. Singelman focuses her practice on government enforcement defense, investigations, and business litigation. Ms. Nevle, located in the firm’s Houston office, focuses her practice on business litigation and dispute resolution. Ms. Park, located in the firm’s Chicago office, focuses her practice on business litigation and dispute resolution as well.

Katten’s Fabiola Valenzuela has also been added to the Lawyers of Color 2022 Hot List. Ms. Valenzuela concentrates her practice on structuring, negotiating and documenting business transactions, previously representing companies and investors through the entire corporate life cycle. She places particular focus on formations, mergers, acquisitions, venture capital financings, and corporate governance.

At the firm, Ms. Valenzuela also maintains an active pro bono practice, handling, among other matters, cases involving minors in federal immigration and deportation proceedings.

Moore & Van Allen’s (MVA) Jules W. Carter has also been named to the 2022 Lawyers of Color Hot List. Located in the firm’s Charlotte office, Ms. Carter concentrates on financial regulatory compliance issues, helping clients navigate complex regulatory environments and pursue business strategies that balance innovation with risk-awareness.

“Making the Lawyers of Color Annual Hot List is a prestigious and well-deserved honor for Jules,” said Thomas L. Mitchell, MVA’s managing partner and chair of the firm’s Management Committee. “We are proud of Jules’ commitment to provide sophisticated litigation and regulatory services to our clients, and grateful for her leadership as the chair of the firm’s Black Attorney Resource Group.”

Copyright ©2022 National Law Forum, LLC

Legal News Reach Episode 7: Creating A Diverse, Equitable and Inclusive Work Environment

National Law Review Web Content Specialist Shelby Garrett closes out Legal News Reach Season 2 with an impactful minisode featuring Stacey Sublett Halliday, Principal and DEI Committee Chair with Beveridge & Diamond. Diversity, equity, and inclusion look different for every law firm, and smaller firms like B&D have to be even more resourceful in their approach to fostering dynamic work environments. How can firms use organizational partnerships to augment their internal DEI strategies?

We’ve included a transcript of the conversation below, transcribed by artificial intelligence. The transcript has been lightly edited for clarity and readability.

Shelby Garrett

Thank you for turning into the Legal News Reach podcast. My name is Shelby Garrett, Web Publication Specialist with the National Law Review, and this episode I’m super excited because I will be speaking to Stacey Halliday, an environmental justice attorney with leadership roles with the American Bar Association and the Environmental Law Institute. Hi, Stacey.

Stacey Halliday

Hi, Shelby, thank you so much. And thank you National Law Review for having me today.

Shelby Garrett

Of course! To kick things off, would you mind telling us a little bit about your background in legal and what led you to pursue a career in law?

Stacey Halliday

Sure. I’m a shareholder at Beverage & Diamond, and we’re an environmental law firm. I’m based out of Washington DC. As you mentioned, a large part of my practice involves counseling clients on environmental justice, identifying risks, opportunities, and helping them incorporate EJ in their work. And I also have a broader practice on ESG issues and product stewardship, so things like sustainability disclosures, ratings and rankings, green marketing compliance and circular economy, that sort of thing. I started the firm a million years ago, longer than I’d like to admit, and had the privilege of also spending two years in the middle of that as an Obama appointee at the US Environmental Protection Agency in the Office of General Counsel so…bounced around a little bit. It’s been a long journey, I sort of wandered into environmental law by happenstance, but it’s been an incredible journey so far.

Shelby Garrett

That’s awesome. We’re super excited to have you today, because we also worked previously on an article about the EPA. So this is perfect to actually get to see each other face to face and talk to each other. Today, we’re going to be talking about DEI initiatives. To start off with that, could you give us a basic definition for people who maybe aren’t familiar with it and tie us into how that relates to law firm operations?

Stacey Halliday

Yeah, absolutely. And I should mention, one of the other hats that I wear at the firm, besides a shareholder is also Chair of our Diversity, Equity and Inclusion committee. So that’s sort of my D E and I hat, I have been on the committee for the 10 years on and off that I’ve been at the firm. So for D E and I, in terms of definitions, it’s–I hate to give you the lawyer answer, but it’s an “it depends” kind of thing, right? So DEI efforts are defined in such a broad variety of ways and are very unique to each organization. So some folks call it DEI, some say DEIA to include accessibility, there’s variations on the theme. But at B&D, DEI is really focused on building and fostering an inclusive culture that allows everyone to be their authentic selves at work, removing obstacles that inhibit equal opportunities for all and promoting and supporting those from historically underrepresented groups outside of the traditional DEI bucket. So defined by race, ethnicity, sexual orientation, gender, identity, disability, or otherwise. So that’s sort of how we think about it at our firm. And I’d say the way that plays out is I as chair, and my deputies, and our committee work with the Management Committee of the firm, the Chief Talent Officer, the firmwide managing principal who oversees the management of the whole firm, and members of committee, we’re the largest committee at the firm, its attorneys and staff. And we work with developing internal and external policies and practices across the firm. We have a Working Parents Group, an Employee Engagement Committee focused on staff and a Women’s Initiative to develop more targeted programming, but that’s kind of how it’s structured across the operations of the firm.

Shelby Garrett

That’s awesome, and that’s great to hear some examples because like you said, it kind of is tailored to each firm and what the community of employees needs. So it sounds like it would be a really large undertaking, because it has to be pretty authentic and genuine with straightforward conversations that might be a little bit harder, with some self-reflection. What is a good place for companies to start out? What is step one?

Stacey Halliday

Step one, really, in my perspective is, tone from the top is a really big I think, ground floor for a lot of this. I came from an HBCU, I went to Howard University School of Law, very proud graduate. And after my clerkship, I met Ben Wilson, who was the Managing Partner of Beverage & Diamond. And Ben is legendary. He’s just a staunch and uncompromising advocate for diversity and for supporting attorneys of color. And he’s the reason I went to Beverage & Diamond because I saw so significant leadership of the firm, he is an individual, but across the firm from his leadership had embraced and embedded diversity as a priority in addition to doing excellent work for our clients. So that I think has continued. He retired, I think it was within the last year, which is very hard as somebody who worked very closely with him. But we’ve really seen the firm continue to demonstrate that absolute commitment, and you see it in the numbers. In our firm about 36% of our shareholders are women, 50% of our Managment Committee are women or minorities, we continue to get very positive accolades for our DEI work even after so I think we see that commitment from the top and that helps all of us understand, incorporate remember that DEI is something important every day.

Shelby Garrett

Absolutely, that’s a really great point, and very nice to hear how you got involved with the firm. When a firm is looking to measure their success, are there any indicators– I imagine it probably depends on what exactly they’re tasked with or what their initiative is. But is there anything that overall could help measure that success?

Stacey Halliday

Yeah, it’s it’s funny, coming into this with a DEI hat but also doing ESG work, I think a lot about metrics and how do you set targets and measure your progress and hold yourself accountable. And because we’re so small, we’re fewer than 150 lawyers or so, we partner a lot. And that’s we use third party groups that are really specialize in this work and specialize in best practices for law firms to measure our progress and hold ourselves accountable. And a leading example of that is our participation in the Mansfield program. So the Mansfield certification program–I see you nodding Shelby, so that’s something you’ve heard of before. It’s based on the Rooney rule for the uninitiated, so the–I know nothing about football, but I have heard it’s based on the football Rooney rule, and that requires consideration of candidates from historically underrepresented groups for certain leadership roles. So we’re Mansfield 5.0 Certified, Mansfield Plus, and that means that not only do we consider certain underrepresented groups for at least 30% of all significant leadership roles, lateral recruiting and business development opportunities, for the Plus certification, we exceeded that requirement by actually achieving 30% or more representation. So that’s been a program we’ve been involved in at least the last four or five years, and the requirements continue to elevate every year. So it’s really an incredible way to not only track our progress, but also keep ourselves challenged because the goalposts continue to move to keep us challenged and leaning forward into this kind of work.

Shelby Garrett

That is really awesome. Yeah, when I was preparing for this, I was looking at the Mansfield website, I think it’s run by Diversity Lab maybe? So I was looking through all of their documentation on their website so that’s awesome. While we’re talking about Beverage & Diamond specifically, I know you mentioned the tone from the beginning was very inclusive. Is there any additional training or education that is provided to employees, whatever you’re comfortable talking about, specific to the firm?

Stacey Halliday

Yeah, of course. I think we have a number of different programs, we have the committee and we have an annual survey across the firm that helps us understand where there might be need or interest in getting additional training and support in this space. So from an internal perspective, that’s something that’s more dynamic and focused on our particular firm and its community. So that could be anything from implicit bias training, to learning about more accessibility issues, or neurodiversity or something like that. So that’s something that we develop, and work as committee to build over the course of the year. But I think again, partnerships are a really big part of how we support our community in getting the best practices and cutting edge work in the space and support for each of our individual community members. So we partner with groups like LCLD, the Leadership Council on Legal Diversity, which is just unbelievable. The program is amazing. So we have Fellows, Pathfinders, and we have Summer 1Ls that are part of this LCLD partnership, and the Fellows and Pathfinder program supports individuals in either mid-career or senior level or entry level attorneys with things like professional development programs, leadership training, relationship building opportunities, and that’s for attorneys from historically underrepresented groups. So it’s really amazing, I haven’t actually I haven’t done it, but a lot of my close colleagues and friends have done it and they talk about the relationships they’ve built, the support they’ve gotten, in addition to what they get internally at the firm being just invaluable and a great resource. So that’s something that’s a good example of the kind of things that we do plus our internal training to really support those in our community.

Shelby Garrett

Sorry, I think I missed it. Was that a third-party group?

Stacey Halliday

Yeah, it’s unbelievable. It’s like there’s a couple of different programs like this and MCCA, Minority Corporate Counsel Association, and there’s–the acronyms, its an alphabet soup–CCWC Corporate Counsel Women of Color. There’s a couple of different programs like this that focus on different historically underrepresented attorney groups and communities. But LCLD is something where we’ve had a really in-depth relationship and pipeline coordination. So the 1L program through LCLD, we have a 1L Summer Associate. So usually they’re 2Ls, you’re a second-year law student when you come to summer at a law firm and then hopefully you get an offer afterwards for a job. But we have a 1L come in through the LCLD program from a historically underrepresented group. And it’s a great way to build a pipeline for talent in our community organization, especially in the environmental law space where diversity is a challenge.

Shelby Garrett

Absolutely. That is amazing. One of the things I think you mentioned towards the beginning was a program for working moms. Do you mind explaining a little bit more about that, is that like a third-party?

Stacey Halliday

It’s actually internal. We created a Working Parents Group, we had a Women’s Committee initially, and the Women’s Committee was dealing with a lot of coming together to talk about all of the challenges that women inherently face. But we were also finding that we had a lot of men who are parents, as well, who were kind of, you know, still tackling a lot of these challenging issues, especially coming into the pandemic, when we’re all working remotely. And I have two young kids under three… it’s a challenge, it’s a journey. And actually having that community to talk about what kind of resources we might need, how we might support one another, how we can share best practices and lessons learned, and just support each other in the work environment, which is inherently stressful in a law firm. But if we’re all being understanding and know more about what we’re facing, we can all kind of tackle it together. So the working parents group was an outgrowth, I think of the pandemic and of having a community of young parents, and of more veteran parents who could all sort of share these lessons learned and worked together on solutions.

Shelby Garrett

That is awesome to hear both the internal kind of programs and then also the third-party kind of programs. How does the firm’s DEI work align with its overall business strategy and its goals? I know we just talked about the 1Ls and having them have that exposure and the opportunity to network and really get involved early, but looking more broadly at overall business strategy and goals.

Stacey Halliday

I think it’s such an interesting time in this space, because where there might have been more skepticism, especially at a law firm where your time is billed in six minute increments, to dedicating time and resources to DEI, now we’re seeing some pressure from clients, some external pressure, that really sends home the business case for the importance of diversity and for supporting DEI from a retention perspective. And I think Beverage & Diamond is unique in that we’ve always embraced DEI as one of our core principles that are important to the firm. But were there any naysayers, it’s now you know, we’re really seeing that clients are bringing down the hammer. They’re asking for more transparency. We have dense, pages long surveys asking us to disclose information about our diversity performance, and how many people from historically underrepresented groups are on our pitch teams, how many folks are actually billing time, are they getting considered for promotion, like they, they want to know that level of detail. And if they don’t see it, there’s either a penalty in terms of fees or you don’t get the work. And I think that is something that has shifted, in concrete ways, the industry. You’re seeing a huge proliferation of Chief Diversity Officers, So C-suite level leadership and management in law firms that actually looks at this topic the way it is, a sophisticated practice, that’s on top of legal practice. So I think the business case is now kind of firmly being established across the industry more so than it has in the past. Just a really interesting trend.

Shelby Garrett

That is really interesting. When I was like reading different articles to prepare for this, I hadn’t heard of that. So that’s really great to hear that there’s some external pressure and investment in this bigger priority. You were talking kind of a little bit about, you know, billing hours. So building these DEI initiatives require some resources and support. What kind of resources and support can a firm offer to employees who might be affected by these issues? I know kind of just like, taking the time for the Working Parent Group. But what resources really go into that?

Stacey Halliday

I think for us, again, we’re fairly small. So you know, where you have these huge multinational global firms that have hundreds of 1000s of people who would be part of an affinity group or any type of program that’s associated with different subpopulations of a diverse community, we’ve got like five. So it’s not necessarily the same sort of thing in terms of the scale of the programs, which is why we end up doing more partnerships so that, you know, the Diversity and Flexibility Alliance might have a program or something like that, or we’ll say, “Hey, if you’re interested in doing this training, or engaging this community more aggressively, we absolutely support you, as an individual, doing that kind of work, because we don’t have the infrastructure necessarily to do it.” But some larger firms and companies do things like backup childcare, something like that, like, I think Bright Horizons or something like that, you know, you can go and, if your school’s closed, or if your kids sick, you can find some way to get some coverage so that you can still go to work. There’s all kinds of flexible leave policies and that sort of thing that really does help in terms of giving people the space that they need, still thinking from  the parent context. Affinity groups are something that we have decided to date not to really form more broadly, just because again, the numbers aren’t there. But for us our partnerships are the way that we do it. But a lot of other large organizations do things like affinity groups that have more of a build-out in terms of permanent programs throughout the year. So in terms of brass tacks for us, we have the committee, with its mix of associates and staff members, and we have a budget every year to support those external engagements and partnerships and certification programs and that sort of thing. But it really does run the gamut, I think, especially at larger shops, where they have more numbers to really build out more infrastructure and training programs and curricula and support benefits, like childcare.

I worked at a law firm before I went to law school, and it was a much larger law firm. And I think historically, there’s been a really strong divide between attorneys and staff at a lot of law firms, which I think can be problematic and unnecessary. It inhibits, I think, community and diversity in a lot of different ways. But B&D has been fantastic. Our DEI committee is fully integrated with staff and attorneys. And we have some pretty significant empowerment and promotion of non-lawyers at the firm in this space to try and get a better perspective on our community. We’re basically half non-lawyers. So it’s really important to make sure that we’re not only capturing the voices of those members of our community through the committee, but also investing in the non-lawyers. And so we have a couple of professional development programs and we encourage external training in the same way that we support our attorneys. So it’s, I think, something that gets lost a lot in the conversation for law firms, because they’re so focused on the folks who are billing, but it’s a much bigger biosphere, for the law firm to be successful. It’s a lot more to it than just the legal work. So I think it’s really been important to make sure those voices are captured, the broader diversity of the firm is captured through thinking about your staff, and not just your attorneys.

Shelby Garrett

That is an amazing point I had not even considered, there’s an additional kind of hierarchy of opinions being taken into account. That’s really interesting. As we start to come to a close, are there any final thoughts you wanted to share?

Stacey Halliday

I’m so grateful to the National Law Review, specifically to you, Shelby, for bringing this conversation to bear. And I think it’s really important for our community to really think about effective practices here so that we generate and support more diverse communities so that we have more diversity of thought, as well as other types of diversity in the way that we solve problems and do our work. And I’m happy that we had a chance to have this chat and celebrate the work that’s being done in the space.

Shelby Garrett

Yeah, that’s really great. I am very grateful that you joined us today, I appreciate you taking the time to really walk through all of this because it is pretty unfamiliar to me. So it’s really great to get the basic understanding of where firms can start if they haven’t started yet, and some inspiration of where they can go. So I really do appreciate that. And thank you so much for joining us today. For listeners who are interested in finding you and maybe some of your thought leadership in the environmental justice area, where can they look for you?

Stacey Halliday

Thank you for the plug, I will absolutely take it! bdlaw.com. So please check out B&D’s site, the Environmental Justice Practice Group has its own site. And we also have a podcast, another shameless plug for our joint podcast with the Environmental Law Institute called Ground Truth. That will be kicking back up in 2023, but we bring on folks and have some deep thoughts on EJ and what’s ahead and what’s coming down the pike. So hopefully check us out there as well.

Shelby Garrett

Fantastic. Thank you so much. Again, we really appreciate your time, and we will be back in a couple of weeks for a new episode of Legal News Reach.

Conclusion

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