Category: Legal Employment

Women In-House Counsel Practice Resiliency

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The National Association of Women Lawyers (“NAWL”) is a national voluntary legal professional organization devoted to promoting the interests and progress of women lawyers and women’s legal rights.  Founded in 1899, long before most local and national bar associations admitted women, NAWL serves as an educational forum and an active voice for the concerns of women in the legal profession. NAWL is about solutions, both for workplace issues facing women lawyers and for societal problems confronting women in our nation and worldwide.  NAWL continues to support and advance the interests of women in and under the law, and in so doing, supports and advances the social, political, and professional empowerment of women. Through its programs and networks, NAWL provides the tools for women in the profession to advance, prosper and enrich the profession.

In 2006, NAWL challenged corporations and law firms to double the number of women general counsel and equity partners from 15% to 30% by 2015.  Recent statistics indicate that the number of women general counsels in the Fortune 500 hovers around 21% whereas women equity partners at the AmLaw 200 has remained stagnant at barely 15%.  We should be heartened by the success of women in corporate legal departments and wonder why women in the AmLaw 200 have not moved the needle at all, and in fact, have given up some ground.  The progress we have made has been buoyed by the women who came before who have mentored, sponsored and brought along those behind them.  It is also due to the fact that women are resilient.  It is that resiliency that NAWL will celebrate with its 9th Annual General Counsel Institute (“GCI”) that brings together senior in-house women lawyers to learn from each other, inspire each other and take away information that will help them achieve their professional, as well as personal, goals.

This year’s GCI, “Resilience:  Thriving as In-House Counsel in Changing Legal and Business Landscapes,” will be held at the Intercontinental Times Square hotel in New York City on November 7 and 8, 2013.  Highlights of the event include the plenary sessions:

  • Resilience – an interactive opening session acknowledging resilience in the present day, and beginning the process of harnessing that resilience for future success;
  • Thriving in the Face of Challenge – presented by a panel of successful general counsels;
  • The Fundamental and Fragile Bond:  Trust and the Modern Workplace – a panel discussion of the effect that trust, or a lack thereof, has on the advancement of women in the workplace based on research conducted by Catalyst; and
  • In-House Counsel in the Crosshairs, the story of Lauren Stevens, former Associate General Counsel of GlaxoSmithKline who was indicted on – and eventually exonerated of – claims of making false statements and obstruction of justice.

In addition to the plenary sessions, there will be three tracks of breakout sessions on topics critical to the success of in-house counsel:  Hot Topics; Training for New Terrain as In-House Counsel; and Being Brave in the New Legal and Regulatory World.  Participants will also be inspired by the powerful personal stories of resilience by luncheon keynote speakers Michelle Banks, Executive Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer of Gap Inc., and Liz Murray, author of Breaking Night: A Memoir of Forgiveness, Survival, and My Journey From Homeless to Harvard.

With its substantive legal workshops, the open exchange of ideas with senior lawyers facing similar challenges and the inspiration of the keynote speakers, participants will improve their skills, drive positive changes to their legal departments and not only survive, but thrive in a world that is constantly changing.  For more information on GCI9, visit www.nawl.org.

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Women, Influence and Power in Law Conference – October 2-4, 2013

The National Law Review is pleased to bring you information about the upcoming Women, Influence & Power in Law Conference:

WIPL2013_250x250

When:

Where:

The Only National Forum Facilitating Women-to-Women Exchange on Current Legal Issues

Women, Influence & Power in Law Conference is presented by Summit Business Media’s Legal Suite – InsideCounsel magazine, InsideCounsel.com (website), producers of the 13th annual IC SuperConference, the prestigious Transformative Leadership Awards, and creators of Project 5/165.

Presented by InsideCounsel Magazine, the pioneering monthly magazine exclusively serving general counsel and other top in-house legal professionals, the first annual Women, Influence & Power in Law Conference offers an opportunity for unprecedented exchange with women outside counsel. This unique event was created with the assistance of an unheralded advisory board comprised of highly placed women attorneys who are all direct reports to the general counsel and were drawn from across the country. These attorneys have the highest levels of expertise and experience in key practice areas.

The Women, Influence & Power in Law Conference is not a forum for lawyers to discuss so-called “women’s issues.” It is a conference for women in-house and outside counsel to discuss current legal topics, bringing their individual experience and perspectives on issues of:

  • Governance & Compliance
  • Litigation & Investigations
  • Intellectual Property
  • Government Relations & Public Policy
  • Global Litigation & Transactions
  • Labor & Employment
  • Executive Leadership Skills Development

Indicted—Not Once, But Twice! Former GlaxoSmithKline In-House Counsel, Lauren Stevens, Tells Her Harrowing Story And Hard Lessons Learned From Being Indicted

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Imagine, one of the worst things that could happen to any person, especially an attorney—being indicted.  This not only happened to former GlaxoSmithKline (“GSK”) Vice President and Associate General Counsel, Lauren Stevens (“Stevens”) once—but twice!  On November 8, 2010, a federal grand jury in the District of Maryland returned an indictment charging Stevens with one count of obstructing an official proceeding  in violation of 18 U.S.C. §1512, one count of falsification and concealment of documents in violation of 18 U.S.C. §1519, and four counts of making false statements in violation of 15 U.S.C. §1001. On March 23, 2011, the District Court dismissed the indictment without prejudice due to erroneous and prejudicial legal advice that the prosecutors gave to the grand jury.  However, on April 13, 2011, Stevens was indicated again, based on the same charges in the earlier indictment.  For more than 18 months, Stevens lived this harrowing ordeal, and eventually was exonerated of any wrong doing.  Stevens will discuss the events leading up to the indictment, the grueling court proceedings, and the lessons she learned at the National Association of Women Lawyers’ Ninth Annual General Counsel Institute on November 8, 2013 at the Intercontinental Hotel in New York City.

The indictments against Stevens arose out of a letter from the Food and Drug Administration (“FDA”) to GSK stating that it had information that GSK possibly promoted the use of Wellbutrin (a drug approved by the FDA to treat depression) for an unapproved use (namely, weight loss).  The FDA requested that GSK voluntarily provide numerous materials and information related to the promotion of Wellbutrin.

GSK assembled a team, led by Stevens, which included in-houseattorneys, a former FDA reviewer, and employees from GSK’s marketing, compliance, regulatory affairs and medical divisions, to respond to the FDA’s request.  GSK also retained an outside law firm to conduct an internal review and advise GSK how to respond to the inquiry.  Ultimately, GSK submitted six substantive letters, all signed by Stevens, in which she denied that GSK promoted Wellbutrin for an unapproved use and/or paid doctors to give promotional talks that included information on the unapproved use.  On December 17, 2010, the government filed a motion to bar Stevens from relying on the defense of advice of counsel on the basis that it was not a defense to a charge of violating 18 U.S.C. §1519 because, the government argued, the statute is not a specific intent crime.  That same day, Stevens filed a motion to disclose the government’s presentation to the Grand Jury relating to the advice of counsel defense.  She also filed two motions to dismiss Count II of the indictment.  In the first motion, Stevens sought dismissal for unconstitutional multiplicity and for failure to state an offense, arguing that Counts I and II violated her due process rights because they sought to impose multiple punishments for the same offense.  She also argued that the government’s case was legally flawed because the government did not allege that she altered or falsified any pre-existing documents.  In her second motion, Stevens sought dismissal of Count II on the basis that the charges were unconstitutionally vague.

On February 25, 2011, Stevens filed her opposition to the motion to exclude, arguing that where a defendant relies in good faith on the advice of counsel, she lacks the intent necessary to be found guilty of making false statements and obstructing justice, which required proof that she “knowingly” submitted false information.  She also argued that she met the prerequisites for asserting the defense because outside counsel was aware of all material facts as evidenced by over 350 drafts of the six response letters to the FDA and 1,300 pages of notes regarding the matter.

On March 23, 2011, the Court denied the government’s motion to prohibit Stevens from asserting the advice of counsel defense.  The Court then dismissed the indictment without prejudice due to erroneous and prejudicial legal advice the prosecutors gave to the grand jury.

On April 13, 2011, a federal grand jury re-indicted Stevens.  The trial commenced thirteen days later, and proceeded through May 6, 2011, at which time the government rested its case.  Stevens filed a Rule 29 Motion for Acquittal on the basis that the government failed to present evidence sufficient to prove beyond a reasonable doubt any of the six counts.  On May 10, 2011, the Court granted Stevens’ Motion and dismissed the indictment.  The Court determined that the government was given access to attorney-client privileged communications, which formed the basis of the government’s case, as the result of an erroneous decision by a Massachusetts magistrate judge that the communications were evidence of a scheme to perpetrate a crime of fraud.  However, the documents revealed a “studied, thoughtful analysis of an extremely broad request from the [FDA] and an enormous effort to assemble information and respond on behalf of the client.”  Although GSK’s responses may not have satisfied the FDA, they were sent to the FDA in the course of Stevens’ bona fide representation of a client and in good faith reliance on both external and internal lawyers for GSK.  The Court concluded: “the defendant sought and obtained the advice of counsel of numerous lawyers.  She made full disclosure to them.  Every decision that she made and every letter she wrote was done by consensus.”  Further, although some statements were not literally true, they were made in good faith which would negate the requisite element of intent required for the charged crimes.

Stevens learned many lessons from this ordeal including: (1) when hiring outside legal counsel, make sure they know all of the facts; (2) make sure other parties know you have hired outside counsel; (3) take clear, accurate notes, knowing they could end up in Court; and (4) be careful in correspondence with adverse parties.

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A Modest Proposal: Mentorship and Associate Development in Law Firms, Part I

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In April 2012, a group of attorneys from the Meritas Leadership Institute (“Meritas”) discussed and identified recurring trends in the legal industry that affect law firms on a global scale. Among the trends was retention, with young attorneys leaving law firms before benefiting the firm by bringing in new clients or earning big wins. This relates to law firms applying considerable amount of time and resources in recruiting new talent who do not ultimately stay with the firm. In addition, a generational gap exists as the novice and seasoned practitioner work side by side, often with different perspectives on worth ethic, profession ambitions, communication styles, personal motivations, notions of professionalism and more. Is there a solution to all of these problems so as to drive efficiency and harmony in law firms? Meritas offers a modest proposal in its white paper entitled the “2012-2013 Model Mentorship and Associate Development Program.”

Trends in the Legal Industry Concerning Mentorship

The white paper takes the stance that the Model Mentorship and Associate Development Program (“Mentorship Program”) is considered key in solving all of the above issues because with proper instruction and individualized attention, new attorneys will “join the team.” In turn, these attorneys add value to their law firms and receive more personal satisfaction.

The white paper is the brainchild of young attorneys who have collaborated in Meritas and worked together to engage in thought leadership activities. Katie Lynch, a member of the cohort, worked with her colleagues for a year to produce the white paper, which develops the purpose, structure and goals of mentoring and associate development. She provides her insights into the project and research in this article.

As part of its methodology, Meritas conducted a survey of senior attorneys with twenty plus years in the legal industry and new attorneys with seven or less years of experiences. Meritas also interviewed attorneys from all over the world in order to obtain a global perspective of the legal industry. Their research showed across the board that firms with formal mentoring programs in place as well as young attorneys with mentors thrived as compared to their counterparts without mentorship programs and mentors, respectively. “The Mentoring Programs helped them get associated and accustomed [to the law firm], ” Ms. Lynch explained.

Indeed, this supports changes in the practice of law, with the advent of technology. With email and off-site remote access, attorneys are increasingly working more independently, resulting in less cultivation of their professional development. The ultimate purpose of this program is to facilitate face-to-face interaction between novice attorneys and seasoned practitioners in order to support the growth of the young associate at an earlier point in their careers.

New Attorneys Engaging in the Business of Law

It is a known fact that new attorneys coming out of law school are not taught the business of law. Yet a law firm is in the service industry. “It’s not just about what to put in a motion and other general practice issues,” Ms. Lynch said. The Mentorship Program places a greater emphasis on building a business of law skill set. Whereas before attorneys were handed cases, now they are expected to build their own book of business earlier in their careers, along with retaining clients, marketing, and other such functions. The Mentorship Program recognizes that new associates need to be educated in this area.

The other important component to the Mentorship Program is that associates start as soon as they join so that they can obtain support from day one. “Young attorneys with tools of success can bring law firms success,” Ms. Lynch said. In integrating into the law firm environment, they will develop their own practice and engage in business development, thereby affecting the bottom line of the law firm. From a general overview of the law firm to the day-to-day specifics, a formal mentoring program can acclimate attorneys and allow them to operate efficiently and blend into the law firm culture.

Part II of this article will discuss specific components of the Mentorship Program and provide advice to law firms on how to adopt the program.

Women, Influence and Power in Law Conference – October 2-4, 2013

The National Law Review is pleased to bring you information about the upcoming Women, Influence & Power in Law Conference:

WIPL2013_250x250

When:

Where:

The Only National Forum Facilitating Women-to-Women Exchange on Current Legal Issues

Women, Influence & Power in Law Conference is presented by Summit Business Media’s Legal Suite – InsideCounsel magazine, InsideCounsel.com (website), producers of the 13th annual IC SuperConference, the prestigious Transformative Leadership Awards, and creators of Project 5/165.

Presented by InsideCounsel Magazine, the pioneering monthly magazine exclusively serving general counsel and other top in-house legal professionals, the first annual Women, Influence & Power in Law Conference offers an opportunity for unprecedented exchange with women outside counsel. This unique event was created with the assistance of an unheralded advisory board comprised of highly placed women attorneys who are all direct reports to the general counsel and were drawn from across the country. These attorneys have the highest levels of expertise and experience in key practice areas.

The Women, Influence & Power in Law Conference is not a forum for lawyers to discuss so-called “women’s issues.” It is a conference for women in-house and outside counsel to discuss current legal topics, bringing their individual experience and perspectives on issues of:

  • Governance & Compliance
  • Litigation & Investigations
  • Intellectual Property
  • Government Relations & Public Policy
  • Global Litigation & Transactions
  • Labor & Employment
  • Executive Leadership Skills Development

Consumer Financial Services Basics 2013 – September 30 – October 01, 2013

The National Law Review is pleased to bring you information about the upcoming  Consumer Financial Services Basics 2013.

CFSB Sept 30 2013

When

September 30 – October 01, 2013

Where

  • University of Maryland
  • Francis King Carey School of Law
  • 500 W Baltimore St
  • Baltimore, MD 21201-1701
  • United States of America

Facing the most comprehensive revision of federal consumer financial services (CFS) law in 75 years, even experienced consumer finance lawyers might feel it is time to get back in the classroom. This live meeting is designed to expose practitioners to key areas of consumer financial services law, whether you need a primer or a refresher.

It is time to take a step back and think through some of these complex issues with a faculty that combines decades of practical experience with law school analysis. The classroom approach is used to review the background, assess the current policy factors, step into the shoes of regulators, and develop an approach that can be used to interpret and evaluate the scores of laws and regulations that affect your clients.

Vault/MCCA Legal Diversity Career Fair – August 2, 2013

The National Law Review is pleased to bring you information about the upcoming Vault/MCCA Legal Diversity Career Fair:

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Attention 2L, 3L and Lateral Candidates:

Join us at the Vault/MCCA Legal Diversity Career Fair!

The Vault/MCCA Legal Diversity Career Fair will provide minority, female, LGBT and candidates with disabilities the opportunity to meet and network with recruiters from law firms and government agencies who are firmly committed to increasing diversity in the legal profession.

When: Friday, August 2, 2013

Where: Capital Hilton, Washington, DC

 

 

Avoiding the Funk…Overcoming Job Search Fatigue-Syndrome

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As part of my role as a member of the Lawyers in Transition Committee for the NYSBA, I was one of four panelists asked to speak on the topic of “Avoiding the Funk During the Job Search.” It is a program we have run for the last several years since 2008 and for those of you that want to watch the full webinar you can download it for free on the NYSBA website.

So while the tips in this blog can be useful anytime the career funk sets in, this blog is for those persistent, noble, red-eyed, weary warriors of the legal job search who have had to weather weeks, months and, in some instances, at least a year of job searching in a weird legal climate.

First things first. You Are Not Unique. Career Funk  is everywhere…regardless of your work or job circumstances, whether you are employed, self-employed, unemployed or looking for a job, rest assured, that a sense of ennui, frustration, and good old-fashioned depression can creep into your workday and mindset and derail even the most gung-ho, caffeine-driven career.  It happens to me at least once a day like clockwork around 3pm and it hits hard, just like it does for everyone. I guess that’s my first point: You are not unique and neither am I. Career funk will come. Funk will set in for all of us and we all need tips and tools and rituals to help De-Funk.

So it has me thinking? What does Job Funk & Job Search Fatigue Syndrome for attorneys look like, what are the causes and what can you do to combat it? So here are some of my initial lay observations about lawyers and why the job search funk hits attorneys particularly hard.

Here’s the crux of it.  We are a community of professionals who like to be prepared for the worst and we are trained to throw ourselves into a difficult situation, issue spot, quickly problem solve, fix and move on to the next issue. On a day to day basis, we are accustomed to immediate gratification

So here’s the root of the job funk: many of my clients approach the legal job search with the same, immediate tackle, throw-down and conquer approach that they approached their legal practice. But soon enough within 3 -5 months, attorneys confront a harsh reality that job search in this climate can be a long, protracted and uncertain process. Attorneys come to learn that while they can control the effort they put into their job search, they cannot control the outcome, the timing and the results

Lack of control, lack of immediate gratification, and a lack of certainty define the new job search reality for many attorneys and can lead to job search funk.

 So what can you do to avoid the Funk? Here are some basic suggestions:

  1. Go Inward: Some of you know that in addition to being a former attorney, I am also a shrink. And so, in my experience, spending quiet time identifying and processing difficult emotions is the starting point for overcoming any funk. Many times when we are in a funk we do not even know what emotions and feelings are brewing beneath the surface; all we know is that we are not ourselves and in a rut. Denial of difficult emotions, such as—rejection, bereavement, fear, grief, loss, hurt, embarrassment, disappointment– breeds such career obstacles as procrastination, paralysis, indifference, fatigue and just guarantees us more funk.  So no more denial! If you are sensing that your job search is running on fumes, it might be time to go inward a little and figure out what is going on internally and emotionally with you.  Spending some time identifying what you feel, and allowing yourself to express and process the tough emotions associated with job loss or protracted job transition can actually be a starting point for re-energizing your job search. The only way through the grief and loss is through it… there is no way around it. And when we are in a funk…it’s a sign to start going inward, articulate and process the rough feelings with a friend, mentor, counselor or professional.
  2. Connect With Non-Lawyers: Reducing isolation and finding ways to connect interpersonally is key to reducing the funk.  But here’s the deal: while you are in the job funk, stay away from other attorneys and the networking events that draw other attorneys looking for employment. Why? Because misery likes company and the last thing you need right now is to surround yourself with other well-meaning, highly articulate, equally frustrated and defeated attorneys who can creatively add to your own list of reasons to be miserable.  Part of getting out of the funk means protecting yourself.Find ways to connect with other professionals from other industries through alumni associations, civic organizations, local charities or through hobbies you may have left to atrophy over the last several years. Mix it up and you are more likely to find people that are like-minded and maybe more positive and energetic than you are right now.
  3. Eliminate Well-Meaning, Loveable Energy Drainers: I am about to give you a De-Funk mantra: Protect yourself. Protect yourself and then protect yourself some more. The reality is that while in the job funk, you are emotionally vulnerable. This means that for the immediate future you need to ruthlessly eliminate and/or reduce contact with those loving, caring and well-meaning people in your world—friends, colleagues, family members—who want the best for you, are worried about your “situation” but who, like clockwork, invariably give unsolicited advice that makes you feel worse about yourself, your job search efforts and your career. These are the well-intentioned people who always say and ask the wrong thing about the most sensitive area in your life. Do you have any people like that in your world? Yep. Thought so. Me too. To them and you, I say: BOUNDARIES. This is a time for you to create and maintain boundaries.Reducing contact with these people is imperative to protecting you from sinking deeper into the funk. You can always reconnect with them when you are stronger, more confident and less vulnerable.
  4. Structure Your Day & Get Moving: Some experts say that finding a job is a 40-hour a week “job.” I do not agree. I don’t know about you, but I can’t do the same project, task or activity for more than 3 hours much less for 40 hours a week. I need variety. But I do believe that your work week should be scheduled and that the job search game plan, i.e. your resume revisions, networking, and connecting with contacts etc. should be structured and scheduled at the same time every day.I also believe that exercise of some sort that gets you out of your home and into the world also needs to be structured into your “job search” day. It will help improve your mood, get you seeing other people and feeling that you accomplished something at the end of the day.
  5. Be Selfish by Giving to Others: My final tip sounds counterintuitive but it actually makes sense. Start paying it forward. I’m not being preachy…I am being practical. When you give you feel better. Full stop. Your situation may be difficult, hard and frustrating but there are people in more dire and difficult circumstances than you or me. Find a way to volunteer your time to a cause you believe in, or to a hospital, children’s cause, food pantry, soup kitchen or home for the aged and watch your funk lift! The most selfish thing you can do to get out of your funk is to give to others.Giving activates our feelings of gratitude for what we have and reminds us that everything in life changes. Giving to others will make your spirits soar, it is good for the soul and you will gain perspective about your current situation. All good things.

Most importantly, there is a difference between job funk and full blown clinical anxiety and depression. If you believe your circumstances may be more serious than a “funk” then there is professional help for attorneys through the NYSBA and City Bar of NY to help address issues related to job loss that are more serious. And I would encourage you to capitalize on these resources to help move you forward.

And finally….I leave you with this quote about facing the challenges of uncertainty in the face of unwanted change, which I often find comforting. Peace.

“Life is a series of natural and spontaneous changes. Don’t resist them; that only creates sorrow. Let reality be reality. Let things flow naturally forward in whatever way they like.” – Lao Tzu

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Women, Influence & Power in Law – October 2-4, 2013

The National Law Review is pleased to bring you information about the upcoming Women, Influence & Power in Law Conference:

 

WIPL2013_250x250

When:

The Only National Forum Facilitating Women-to-Women Exchange on Current Legal Issues

Women, Influence & Power in Law Conference is presented by Summit Business Media’s Legal Suite – InsideCounsel magazine, InsideCounsel.com (website), producers of the 13th annual IC SuperConference, the prestigious Transformative Leadership Awards, and creators of Project 5/165.

Presented by InsideCounsel Magazine, the pioneering monthly magazine exclusively serving general counsel and other top in-house legal professionals, the first annual Women, Influence & Power in Law Conference offers an opportunity for unprecedented exchange with women outside counsel. This unique event was created with the assistance of an unheralded advisory board comprised of highly placed women attorneys who are all direct reports to the general counsel and were drawn from across the country. These attorneys have the highest levels of expertise and experience in key practice areas.

The Women, Influence & Power in Law Conference is not a forum for lawyers to discuss so-called “women’s issues.” It is a conference for women in-house and outside counsel to discuss current legal topics, bringing their individual experience and perspectives on issues of:

  • Governance & Compliance
  • Litigation & Investigations
  • Intellectual Property
  • Government Relations & Public Policy
  • Global Litigation & Transactions
  • Labor & Employment
  • Executive Leadership Skills Development

Consumer Financial Services Basics 2013 – September 30 – October 01, 2013

The National Law Review is pleased to bring you information about the upcoming  Consumer Financial Services Basics 2013.

CFSB Sept 30 2013

When

September 30 – October 01, 2013

Where

  • University of Maryland
  • Francis King Carey School of Law
  • 500 W Baltimore St
  • Baltimore, MD 21201-1701
  • United States of America

Facing the most comprehensive revision of federal consumer financial services (CFS) law in 75 years, even experienced consumer finance lawyers might feel it is time to get back in the classroom. This live meeting is designed to expose practitioners to key areas of consumer financial services law, whether you need a primer or a refresher.

It is time to take a step back and think through some of these complex issues with a faculty that combines decades of practical experience with law school analysis. The classroom approach is used to review the background, assess the current policy factors, step into the shoes of regulators, and develop an approach that can be used to interpret and evaluate the scores of laws and regulations that affect your clients.