DEI Archives - The National Law Forum

How The U.S. Supreme Court’s Ruling On College Affirmative Action Programs May Impact Private Employers

The U.S. Supreme Court in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College decided that the race-based admissions programs at Harvard College and the University of North Carolina (the “Schools”) violated the Equal Protection Clause of the Fourteenth Amendment. While the Court answered the question for publicly funded schools, it is an open question whether, and how, the Court’s decision will impact affirmative action and diversity programs for private employers, as discussed in more detail below.

Overview

The Fourteenth Amendment states, in relevant part, that no State shall “deny to any person . . . the equal protection of the laws.” Among other things, the clause protects people regardless of their race. A limited exception that permits race-based action by the government is permissible if such action can survive a rigorous standard known as “strict scrutiny.” Under that standard, race-based conduct is permissible only if the government can establish a “compelling government interest” and the race-based action is “narrowly tailored” to achieve that established interest.

The Supreme Court concluded that the Schools’ race-based admissions programs failed strict scrutiny. In support of their race-based admissions programs, the Schools asserted the following educational goals as their compelling interests:

Training future leaders in the public and private sectors/preparing engaged and productive citizens and leaders.
Preparing graduates to adapt to an increasingly pluralistic society/broadening and refining understanding.
Better educating students through diversity/enhancing appreciation, respect, and empathy, cross-racial understanding, and breaking down stereotypes/promoting the robust exchange of ideas.
Producing new knowledge stemming from diverse outlooks/fostering innovating and problem solving.
Preparing engaged and productive citizens and leaders.

The Court noted that although these goals were laudable, they were too amorphous to pass muster under the strict scrutiny standard. The Court recognized that a court would have no way to know whether leaders have been adequately trained; whether the exchange of ideas is sufficiently robust, or whether, and in what quantity, racial diversity leads to the development of new knowledge. In other words, the Court took issue with the fact that the asserted interests could not be measured in any meaningful, quantifiable way.

In addition, the Court found there was no meaningful connection between the Schools’ use of race in the admissions process and the claimed benefits. For example, the Court noted that while diversity may further the asserted interests, the Schools failed to establish that racial diversity would. The Court took particular issue with what it viewed as the overbroad and arbitrary nature of the Schools’ race considerations as they were underinclusive (for example, failing to distinguish between South Asians or East Asians, or define what Hispanic means, or account at all for Middle Eastern applicants). The Court reasoned that the overbroad, arbitrary, and underinclusive racial distinctions employed by the Schools undermine the Schools’ asserted interests—essentially noting that the Schools’ race-based admissions programs sought to “check the diversity box” rather than obtain a truly diverse (racially or otherwise) student body.

In addition to the School’s programs’ failure to survive strict scrutiny, the Court also recognized that the Schools’ race-based admissions processes promoted stereotyping, negatively impacted nonminority applicants, and, contrary to Court precedent, did not have a durational limit or any cognizable way in which to adopt a durational limit.

Supreme Court Precedent

The Court’s decision rested largely on two prior cases addressing race-based admission programs in higher education: Regents Univ. of Cal. v. Bakke, 438 U.S. 265 (1978) and Grutter v. Bollinger, 539 U.S. 306 (2003). As a guiding principle, the Court noted that the Equal Protection Clause of the Fourteenth Amendment bars admissions programs that use race as a stereotype or a negative.

In Bakke, while rejecting other asserted interests, the Court explained that obtaining the educational benefits associated with having a racially diverse student body was “a constitutionally permissible goal for an institution of higher education,” provided that certain guardrails were in place. This is despite the Court’s recognition that racial preferences cause serious problems of justice. The Court said that race only could operate as “a ‘plus’ in a particular applicant’s file” and the weight afforded to race must be “flexible enough to consider all pertinent elements of diversity in light of the particular qualifications of each applicant.”

In Grutter, the Court decided “student body diversity is a compelling state interest that can justify the use of race in university admissions,” provided that sufficient limitations were in place—notably, that under no circumstances would race-based admissions decisions continue indefinitely. The Court cautioned that, because the use of race was a deviation from the norm of equal treatment, race-based admissions programs must not result in “illegitimate . . . stereotyping,” must not “unduly harm nonminority applicants,” and must be “limited in time.”

The Court’s Additional Considerations

Of critical importance to the Court’s ruling was the fact that neither School’s race-based admissions program had an articulable end point. The Court noted that the Schools’ arguments to overcome the lack of a definite end point were, essentially, “trust us, we’ll know when we’re there.” Yet such arguments, the Court held, were insufficiently persuasive to offset the pernicious nature of racial classifications. Justices Thomas and Gorsuch, who joined the majority opinion, took additional issue with the Schools’ “trust us” arguments in separate concurrences, noting (1) their view of the Schools’ histories of harmful racial discrimination, and (2) that courts are not to defer to the morality of alleged discriminators.

Additionally, the Court took issue with the logical necessity that, in any instance when a limited number of positions are available, a race-based “plus factor” for applicants of a certain race is a negative for applicants who do not belong to the favored race. “How else but ‘negative’ can race be described if, in its absence, members of some racial groups would be admitted in greater numbers than they otherwise would have been?” In this, the Court recognized that equal protection is not achieved through the imposition of inequalities.

Impact on Private Employers

The Supreme Court’s recent decisions have no direct legal impact on private employers. The Court based its decision on the Equal Protection Clause of the Fourteenth Amendment, applicable to the Schools under Title VI, which does not intrinsically apply to private companies; it is Title VII and analogous state and local laws that apply to private employers (not Title VI) and prohibit private employers from discriminating against employees and applicants on the basis of race (and other protected characteristics). In employment, the law has always prohibited any consideration of race in decision-making, such as who to hire or who to promote, except in extremely narrow and limited situations but, even then, quotas and set-asides are strictly prohibited.

While not directly applicable, it is highly likely that the Court’s decision will spawn new challenges to private employer diversity and inclusion programs, and the Court’s rationale will be referenced as an indicator of how the Court will view such programs under Title VII. Even before the Court’s decision, the legal landscape around an employer’s use of affirmative action plans to aid in making employment decisions was murky. Generally a private employer’s affirmative action plan is permissible under Title VII in two scenarios: (1) if the plan is needed to remedy an employer’s past discrimination, and (2) if the plan is needed to prevent an employer from being found liable under Title VII’s disparate impact prohibitions (which operate to prohibit facially neutral policies that nevertheless disproportionately disadvantage certain groups).

Regarding the latter scenario, it is unlikely the Court’s ruling will have much if any impact. For an affirmative action plan to survive scrutiny on this basis, an employer must first prove a disparate impact case against itself: it must identify a specific policy, prove that such policy has a disparate impact on a certain group, and either show that the policy is not justified by business necessity or show that there is a viable alternative that both (a) accounts for the employer’s business necessity, and (b) has less of a disparate impact on the affected group. Then, the employer must prove how its affirmative action steps offset the disparate impact. There is nothing in the Court’s opinion that suggests an employer’s effort to remedy an ongoing Title VII violation would itself be a violation of Title VII.

However, there is language in the Court’s opinion that suggests an affirmative action plan implemented in the former scenario could be problematic, especially if it is not designed carefully. Indeed, a number of lower court decisions even before the Supreme Court’s recent ruling have struck down employer affirmative action programs. Permissible affirmative action programs are typically implemented to remedy past racial imbalances in an employer’s workforce overall, and are not tied to past discrimination against an identifiable employee or applicant. At the close of the Supreme Court’s recent opinion, it admonished Justice Sotomayor’s dissent wherein she proposed a world where schools consider race indirectly, through, for example, essays submitted alongside applications. The Court noted that such would nevertheless violate the Constitution, and clarified that admission decisions can rely on the content of application essays, but that such decisions must be based on an individual applicant’s character or experiences, and not based on the applicant’s race. Similarly, Justice Thomas, in his concurring opinion, recognized that “[w]hatever their skin color, today’s youth simply are not responsible for instituting the segregation of the 20th century, and they do not shoulder the moral debts of their ancestors.” Accordingly, challenges to affirmative action plans that attempt to remedy past discrimination generally, by using race in its decision-making may find purchase in the Court’s closing sentiments and Justice Thomas’s concurrence. Although a standard less exacting then “strict scrutiny” is used to evaluate discrimination claims under Title VII, the sentiment expressed by Members of the Court could make the judiciary increasingly skeptical of affirmative action programs that resemble those used by the Schools. In any event, the possibility of being able to continue to use affirmative action plans in the strict sense to increase diversity in an employer’s workforce is likely little comfort to private employers, as few will want to prove a discrimination case against themselves to justify a diversity program.

Additionally, employers’ diversity, equity, and inclusion (DEI) programs may be the subject of challenges based on the Supreme Court’s skepticism of the benefits of “racial” diversity, as opposed to diversity on less-pernicious characteristics. For example, DEI programs that seek to increase racial diversity based on broad racial definitions may be subject to challenges because of their overbreadth or purportedly arbitrary nature. And DEI programs that highlight racial diversity, rather than, for example, diversity based on socio-economic, ideological, or experiential characteristics may suffer challenges to their legitimacy in reliance on the Supreme Court’s implication that there may be no identifiable tether between “racial” diversity and the purported benefits of diversity as a concept.

Of course, to the extent private employers with affirmative action plans have contracts with government entities and/or receive government funding, affirmative action plans under the Office of Federal Contract Compliance Programs (“OFCCP”), require targeted diversity recruiting efforts, aimed at increasing the diversity of applicant pools, although this also does not permit race (or other protected traits) to be used in decision-making.

Practical Tips For Employers

The Court’s decision applies to affirmative action programs in the college setting and applies an analysis under the Equal Protection Clause that does not directly apply to private employers. The decision also deals with very different scenarios where colleges and universities directly used race as a criteria for admissions. As noted, this has generally never been permitted in the employment context and, as a result, the rules of the road for implementing DEI programs have not changed, although they may evolve through future legal challenges in light of the Supreme Court’s recent decisions. There are still countless ways that private employers can design and implement lawful DEI programs. Below are just a few examples employers may consider:

Reiterate D&I as a priority in meetings, conferences, and other communications.
Implement recruiting programs to diversify your talent pool.
Incentivize employees to refer diverse candidates for openings.
Support employee resource groups, mentoring programs, and leadership training.
Educate your managers and supervisors on unconscious bias.
Encourage diversity in suppliers and business partners.
Tie D&I efforts (not results) to managerial performance evaluations.
Under the privilege of working with counsel, monitor changes in workforce demographics and conduct pay audits.
Consider modifying the goal of DEI programs to seek diversity based on broader characteristics that do not involved protected classes, such as experiences, economic background, or worldview.

Conclusion

The Court’s decision is a landmark ruling that will alter the landscape of college and university admissions. And it will almost certainly spawn new challenges beyond the classroom and into the workplace.

However, the decision does not legally require private employers to make changes to their existing DEI programs if such practices comply with already-existing employment laws. Employers can still implement diversity and inclusion programs and promote diversity within their workplaces but, as has always been the case, employers should tread carefully in designing and implementing these programs. Employers would do well to engage counsel to review such programs and initiatives for possible concerns in light of the Court’s decision, as well as existing precedent in the employment context.

For more Labor and Employment Legal News, click here to visit the National Law Review.

Legal News Reach S3E1: The DEI Dialogue: How Feedback Fosters Inclusion and Diversity in the Workplace

Welcome to Legal News Reach Season 3! We begin the new year with a conversation between the National Law Review’s Social Media Manager, Crissonna Tennison, and Bracewell’s D&I and Community Outreach Director, Monica Parker.

By now, most firms understand that diversity and inclusion are nonnegotiable foundations for a successful organization, but feedback conversations remain a commonly overlooked—or avoided—tool for fostering deeper professional connections amongst colleagues with different backgrounds and experiences. What role does feedback play in successful D&I practice, and how can attorneys approach it?

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

Crissonna Tennison

Thank you for tuning in to the Legal News Reach podcast. My name is Crissonna Tennison, Web Publication Specialist and Social Media Manager for the National Law Review. In this episode, I’ll be speaking with Monica Parker, Director of D&I and Community Outreach at Bracewell LLP.

Monica, can you tell me a little bit about your background, what led you to practice law in the first place and eventually to Bracewell?

Monica Parker

Well first of all, thank you for having me. I’m excited to be here to have this chat with you today Crissonna.

As you mentioned, I’m a former practicing attorney. I have spent about two decades in law firms and professional development and, recently, diversity and inclusion. And what made me practice law, I’m not the typical law student. I didn’t go straight from college to law school, I worked for four years. And you know what, I missed school. So I appreciated the intellectual rigor, I would say, of law school, and then I ended up falling in love with Harvard Law’s negotiation program. That’s where I went to school. So I ended up becoming a teaching assistant for the negotiation program while I was there, and then came back as a lecturer in law to teach the course after I graduated.

What led me to Bracewell–I would say here is the plug for the importance of your network. I heard about this position through someone that I knew when I was a summer associate many years ago at a law firm. This person was then working in professional development for that firm. She’s now the Chief Talent Officer at Bracewell. So that’s how I heard about the opportunity. I will say that when I interviewed I had conversations with the firm’s Managing Partner, as well as the chair of the D&I Committee, the firm’s General Counsel, the hiring partners, and others, and really just appreciated the genuine, authentic nature of the leadership. They were candid with me about what’s working, what the challenges are, and it was an opportunity to have an impact and work with some good folks to that timeline at Bracewell.

Crissonna Tennison

It’s always great when your workplace is transparent with what’s going on and shows that they’re willing to have ongoing conversations. What brought you more specifically into the diversity and inclusion world and practice?

Monica Parker

I would say, like many folks who work in this arena, I was motivated by my own experiences of being a woman of color in this profession. At this stage of the game, I have a wealth of experience. And I’ve been fortunate in my career, and I saw this as an opportunity to help lift others up. Plus, I really wanted to have the opportunity to have an impact. And there’s lots of space to have impact in the world of diversity and inclusion these days.

Crissonna Tennison

Definitely. Broadly speaking, what would you say some of the hurdles are to ensuring diversity specifically in the legal business and legal field?

Monica Parker

There are three major challenges among others, right? There are several, but I would say pipeline is one, recruiting is another, and then retention is a third.

So when I think about the pipeline piece, not everyone has the same opportunities, right? They can’t all necessarily go to the best schools, they may not have family members or family friends who sit around the dinner table talking about the practice of law, they may not have opportunities with college applications or law school applications. So that’s one hurdle, right? And if you do make it over that hurdle, and you graduate from law school, then not everyone is going to come to a large law firm. So this is actually a very competitive market that we’re operating in to begin with. And then once you get there, for underrepresented groups, you have to make sure that they’re getting the same kinds of opportunities as everyone else. So for example, you need there to be a lot of candid feedback conversations, people need mentors and sponsors. But often people tend to connect with those who are like them. So those are some of the challenges specifically for the legal industry, it can be kind of difficult to feel comfortable enough with people to have the kind of conversations you’re talking about. So if you have people that look like you that makes all the difference in the world.

Crissonna Tennison

So when it comes to diversity and inclusion, what are some general patterns that you’ve noticed that have been productive, and some patterns that are not quite so productive at this time that you’re hoping might change?

Monica Parker

So let me talk about the not so productive patterns, right? So in the world of D&I, you sometimes can see what I call “check-the-box” exercises. So, for example, if everyone jumps onto the training bandwagon, training in and of itself doesn’t have the greatest return on investment. Here’s what you can do to be more productive: you can pair that with coaching, you can choose a particular area. So let’s say you want to do unconscious bias training when it comes to hiring practices, then you can do the training with folks who are involved. And you can provide coaching for those folks as they’re going through the hiring process. And then you can notice what’s working, what’s not working, continue to develop it and iterate it. And I think that’s how you shift from a not so productive practice or pattern to something that is more productive.

I think just telling people that you need them to do something, but then not giving them any tools to do it, is probably not the best approach. So for example, I mentioned feedback. We know it’s good. We know it’s important, but if people aren’t doing it, especially if you notice they’re not providing feedback to folks of color, you want to dig into that and you want to understand why and then offer some specific support around that.

Crissonna Tennison

I can see how that’s definitely something that comes up a lot. Leaning more into the feedback piece, that’s something that you speak a lot about. When it comes to feedback, these conversations obviously are not fun for most parties involved. Can you talk more about how you can navigate those conversations in a positive way, and what some of the benefits are of doing so?

Monica Parker

Sure. As you said, having feedback conversations can be difficult. And I can say this because I’m a lawyer, lawyers are often conflict averse. And so what happens is, you need to give this feedback, you know you do, you don’t want to give feedback because you’re worried about how the other person’s going to respond to it. So then you don’t do it, the behavior continues or gets worse. And you need to have this conversation. It ends up being this vicious cycle. Also, as we’ve talked about, if people tend to work with those that they like, or who look like them, then they tend to be more comfortable giving feedback to those folks as well. And let me just point out also, everyone’s very busy. And it can feel like giving feedback is one of those things that can take so much time. And “you know what, maybe it’s just better if I do it myself.”

Well, the challenge there is that if you’re not giving that feedback, then you’re not giving the person the opportunity to grow and to develop. And that’s the benefit of giving feedback. And then also as a way of showing your commitment to your employees too, if you’ve spent the time and the money to invest in them joining your firm, then you want to make sure you’re giving them the feedback that they need in order to be able to succeed there.

And I think that sometimes we think it’s going to take a lot of time to give that feedback. But it actually can take less time than you think. If you think about what you want to share, provide specific examples. Give the person the opportunity to ask questions, and then see how they do.

Crissonna Tennison

Unfortunately, I relate to the putting off things part. And what’s interesting about that is when you notice something that requires feedback early on, that conversation, it would seem, would tend to go a bit better than if you let it go on for a while and now you’ve built up resentment and the problem’s bigger. I can see how maybe creating a framework for doing it in a positive way might decrease the dread that might make you put it off. I can see how that can be really important.

Can you talk about some actionable tips that managers can take to provide feedback, maybe more routinely and in a more comfortable way?

Monica Parker

The first thing to do is to think about how you want to frame the conversation, especially if it’s making you nervous that you have to give this feedback and you’re worried about how the other person’s going to respond. So even a simple line, something you can remember and say easily, “I care about you and want you to do well here,” and then provide the feedback, it demonstrates to the other person, “This is about helping you grow and develop, and that’s important to me.” And I think that’s often what people want to hear when they’re on the receiving end of that feedback.

The second thing you want to do is share specific examples rather than talking in general terms. I can remember when I was a junior associate at a law firm and I received back work covered in red lines, you know, it looked like it was written in blood, just a marked up memo of my work. And the partner had put a handwritten note at the top of the memo that said, “Do better.” Who? What? What does “do better” mean? Some specificity would help. Now in my case, what I did is I went and talked with a more senior associate, to get a sense of what needed to be done to improve the memo. But being specific with your feedback is very helpful.

And then…it’s time to let the feedback sandwich go. Okay! The feedback sandwich is where you say something good, then you give them some other critical feedback, and then you say something good. The reason why it’s time to let it go is because everybody knows it’s coming. People are very savvy now. So they can tell when there’s a feedback sandwich in the works. And they can never actually hear the good stuff you’re saying because they’re waiting for that other shoe to drop where you tell them what’s not working. So why not just offer the critical feedback upfront? That’s one option. Another option is to ask the recipient, “What do you want to hear? Do you want to hear the feedback about what I want us to improve on first and then tell you what’s going well? Or the opposite?” You can ask!

Crissonna Tennison

Right as you said “it’s time to let go the feedback sandwich go” I was going to ask whether we should do the feedback sandwich, because I feel like if I received that paper that said “do better” with just a bunch of red marks I would shut down, at least at first. So yeah, there’s definitely room for being kind in the way that you do it.

Out of curiosity, when it comes to offering feedback, is it helpful if you’ve already developed some kind of a positive relationship with the person you’re giving feedback to? Can you speak to that a little bit?

Monica Parker

I think that’s a really good question. I think that to the extent there’s rapport and trust has been developed in relationship, it does make it easier to give that feedback because the recipient already knows that you care about them and knows that you want them to do well, and also hopefully feels comfortable asking more questions or sharing their perspective about whatever the situation is. With that being said, that can’t always be the case, right? If you’re just starting at an organization, if you’re a new person, building that rapport is going to take some time. Interestingly enough, I think if you were to give candid feedback, if you were to provide examples, if you were to do that in a timely fashion that would actually help you to build that trust and rapport, that will suit you further in the relationship as you go forward.

Crissonna Tennison

If you’re an employee, what should you be looking out for in terms of indicating that you’re not getting the level of feedback that you should be getting or that you deserve to get?

Monica Parker

If all you’re hearing is you’re doing fine, you want to dig deeper. It could be true that you’re doing fine. But it also may not be true that you’re doing fine. It could be that you’re working with someone who has difficulty sharing critical feedback or who’s very busy. And in that case, you’re going to want to dig a bit. Also, if you find yourself in your annual review, and you’re surprised by some critical feedback that you get, that’s an example that you haven’t been getting the feedback that you need, because what you hear in your annual review should never be a surprise, in terms of offering feedback. And it’s something that you want to offer regularly.

Crissonna Tennison

Would it be helpful for people to establish more frequent check-ins instead of the once a year, big one?

Monica Parker

It’s definitely helpful to establish regular check-ins. In some of my previous roles, I’ve had the opportunity to have a weekly or every other week check-in with the folks that I was supervising. And those are fantastic opportunities, not only for me to give feedback, but also for me to receive feedback. And again, that’s another way to build that relationship of trust and rapport. But if you’re doing this on a regular basis, even if it’s just a quick check, and a quick coaching session, you can catch a lot of things early and repair those things early as opposed to waiting until the annual review. By the time you get to the annual review, it’s actually too late. At that point, it really should just be a review of the year and then looking forward. So it’s very important to establish those regular check-ins again, even if they’re very short, for sure.

Crissonna Tennison

So I’m an employee, and I’m finding that I’m not getting the feedback that I think I deserve. What are some tips you have for an associate to proactively ask for that feedback if their supervisor hasn’t reached out recently, or may be dropping the ball in that area?

Monica Parker

I think a common mistake that people make is they just say “I’d appreciate any feedback.” And you may not get it when you ask that question. I think you want to be more specific than that. You could say something like, “Well, how would you have handled this?” Or “What would your approach with the client have been?” in case of an associate talking to the partner, or “I noticed you changed this point here? Will you tell me more about that?” Because when you’re asking very specific questions, you’re much more likely to engage the person in the conversation. And I think also sometimes being on the receiving end of critical feedback is hard for a lot of us, myself included. And so then you want to be prepared to take in what you hear. I often suggest that people take notes, because sometimes it can be hard to hear and taking notes can help you digest a bit better. And then also go find someone to process it with, someone who can help you understand the feedback that you received, you know, help you stay on an even keel. So those are some of the things that I would recommend.

Crissonna Tennison

That is really helpful advice. I can see how asking, “Oh, how would you have done that?” or “What was your thought process behind that?” makes it less about you, which makes it easier for everyone involved.

What can leaders do to ensure that people of color and other minoritized people feel comfortable being open about their experiences and evolving needs? I think you already spoke to this a little bit when it comes to building rapport, but is there anything else that you think would help?

Monica Parker

For sure, I think providing opportunities for underrepresented groups to share their perspective is really important. But then you have to take it a step beyond that. You have to be sure to look for ways to act upon what it is that you hear. And then there’s a step beyond that, where you then have to communicate that you’ve done so. So as an example, when I joined Bracewell, I did a listening tour. So I talked with over 100 attorneys about their experiences with diversity and inclusion at the firm. And then I had the opportunity to go to the partner retreat to present my findings as well as to make recommendations. And then from there, the D&I committee has spent its energy and time implementing those recommendations. So it’s really important, if you’re going to if you’re going to ask people to share about their experiences, you want to make sure that you’re demonstrating that you heard it, you’re trying to make an effort to do something with that feedback, and you’re making sure that they know that that’s what you’ve done.

Crissonna Tennison

Yeah, I can see that being helpful because it is a bit of emotional labor, sharing your feedback as a person of color or someone with a different experience, especially in a professional context. That can be a bit challenging, and it’s helpful to know that the other parties involved are also doing their part.

You talked a little bit about it, but what does a day in the life of a D&I consultant or leader look like? I’ve always been curious about that.

Monica Parker

I can tell you first, it’s always a mix, always. So for example, I could be talking with firm leadership about a strategic diversity initiative, I could be immersed in programming, I mentioned the feedback workshops. That’s something that I’ve designed and then delivered to the partners of the firm. There can be times where I’m meeting one-on-one with a partner or an associate to talk about an issue. Also Bracewell likes to collaborate with clients on diversity initiatives. So for example, we partnered with a client through our mutual summer programs where our summer associates of color got to meet with the clients of color, and then the General Counsel and members of the legal team for that client had lunch with all those folks and they got to talk about diversity and inclusion in that legal industry. So it’s always a fun mix of activities, it means that there’s never a dull day.

Crissonna Tennison

No, I can imagine there would not be a dull day in that area. So shifting a little bit, you mentioned that you used to work as an Associate Executive Director for a Seattle-based education nonprofit. Would you be interested in talking a little bit more about that and how it informs your current practice?

Monica Parker

Sure. At the education nonprofit we worked with students of color who are often the first in their families to go to college. So I got to see pipeline issues firsthand. Our students were rising fifth graders, and we worked with them all the way through college. And what I learned more than anything else is the importance of starting early, and then also looking for opportunities to continue to support the pipeline. But I think one of the major lessons was thinking about what it’s like to be the first. So not everyone has a parent or a family friend, or connections, right? Folks who went to law school or practice at large law firms or work for large corporations. Not everyone has that. They have a very different experience coming into a law firm, and that can be all new for an associate. And so it’s both recognizing the challenges for folks as you think about the pipeline issues, then it’s also about thinking about the challenges once that person enters a law firm. So that very much informs the work that I currently do.

Crissonna Tennison

It’s so easy to fall through the cracks. Do you have any D&I initiatives at Bracewell that you’re particularly proud of, or that have been particularly effective?

Monica Parker

I mentioned one of them, so let me dive a little bit deeper into it. I have a background in training folks on how to navigate difficult conversations, this came out of my work at Harvard Law School. And so I developed an interactive workshop on how to give feedback for the partners of the firm. And so what I’m doing in the workshops is I’m sharing a framework for how to have these conversations that allows you to prepare for them and hopefully navigate them with a little less anxiety and with more ease. And then we also talk about differences in feedback, that concept of how it can be easier to give feedback to someone who is like you or looks like you. And when there’s differences in feedback that can create some challenges.

So let’s say, for example, that a white male partner is wanting to give feedback to a woman of color associate. He might be worried that what he says can be perceived as sexist or racist, in which case he’s not going to share that feedback, he’s gonna say you’re doing just fine. So we talked about how differences in feedback can impact the relationship and the associate’s ability to grow and develop at the firm. And I think of the workshops too as a luxury for partners to have a dedicated span of time where they can just talk about delivering feedback and what’s challenging about it, and how to improve upon it. And also to hear about the experiences of their colleagues and know that they’re not the only ones navigating this and that it can be very difficult.

One of the things that’s funny to me about doing workshops, I’ve done training for lawyers, and of course, being a lawyer, I know what lawyers are like, and I know what we think about training. So one of my favorite comments was after a workshop when a partner came up to me and said, “I was skeptical. But this was good.” It’s a tough crowd! It’s a tough crowd.

I would also say that one of the things I’ve loved is that after the workshops, partners will request individual coaching. I remember one partner coming up to me right after the workshop and saying, “I’ve got a feedback conversation coming up with an associate and I’m worried about how the associate’s going to respond.” So we did some coaching on how to frame the conversation with specific examples on what to do with your own strong emotions that you might be experiencing as you’re giving the feedback. So the partner had that conversation with an associate and came back and told me that it went well and that the training was time well spent. That is high praise.

Crissonna Tennison

Honestly, I feel like if you can master the feedback conversation, especially in this kind of a high stakes environment, that has to be transferable to life. I feel like your communication skills would be through the roof. I would love to attend a workshop.

Monica Parker

You’re right. What I tell participants is, it will absolutely help you at work in terms of feedback with associates, it will help you in your work with clients, in your relationships with your colleagues; in general, it can help you at home as well with your significant other. The only folks that this material does not work on would be toddlers. They are quite skilled at difficult conversations and negotiation. I have lost every single negotiation that I’ve had with my nephew starting when he was a toddler and now his toddler sister. So forget it. It won’t work on toddlers but everyone else yeah, okay,

Crissonna Tennison

Well, we’ll just have the toddlers tell us how to communicate. They’re very clear with their needs.

So you wrote a book that was published by the American Bar Association, it’s called “What It Takes: How Women of Color Can Thrive Within the Practice of Law.” Can you talk a little bit more about what motivated you specifically to write that book and what you think readers might get from it?

Monica Parker

At the time, there was a study that the ABA had published called “Visible Invisibility,” and it was about how women of color tend to slip through the cracks at large law firms. There have been studies done on women, done on people of color, but women of color just weren’t in the mix. And so this particular report focused on women of color at large law firms, and I will say what I read was sobering, but absolutely necessary. And what I started thinking was, this was needed. I wonder if it’s possible to do a follow-up where we talk with women of color partners at large law firms who are doing well and see what we can learn from them. So I had a chance to conduct interviews with women of color partners across the country, which was wonderful. So we got a wide range of perspectives on what was working for them, what was challenging, and then lots of tips and tricks on how to be successful at large law firms. So it’s a fantastic read for associates, of course, but it’s also a great read for law firms as well.

Crissonna Tennison

Do you think it would be helpful to read even if you’re not a woman of color?

Monica Parker

Absolutely, it is. It’s useful for anyone to get perspective on what it’s like to be a woman of color. And interestingly enough, and probably not a surprise, but a lot of the advice offered there is valuable for anyone in any role, essentially. So yes, it’s a great read. If I do say so myself.

Crissonna Tennison

Oh, no, I love it. I believe you. And it’s good to advocate for yourself. So I will probably read it.

Can you talk a little bit more about what you feel the stakes are when it comes to developing diversity and inclusion practices in law? Like what do you feel like the larger stakes are?

Monica Parker

Well this one may be obvious, but it bears repeating: clients are wanting to see diversity in their legal teams. It’s going to vary from client to client. But we have seen this trend where it’s becoming increasingly important, and there are clients who absolutely demand diversity in their legal teams. And that’s something that’s not going to go away. So that’s a major stake. I would say also, firms, again no surprise, have invested a lot in their people. And so if you invested that much in your people, you want to retain your people, and you want them to succeed, and you want them to be fulfilled. Turnover is expensive.

I’d also say that you want to have a reputation for attracting diverse talent. And candidates for firms are asking about that. That’s something that I’ve noticed that’s also becoming increasingly the case, and not just candidates of color, but white candidates as well, because they want to work at a place that values diversity, equity, inclusion, and belonging. So if you want to attract the best talent, you want DEI to be top of mind.

Crissonna Tennison

I feel like I’ve been hearing that lately, that diversity issues are, in addition to all the other reasons why they’re so important, they’re also important when it comes to just the business elements of running a firm. Do you see any possible trickle down effects of diversity and inclusion in law affecting people in the broader world, like clients or just people who need legal services? Is that something that you think is relevant?

Monica Parker

It’s relevant, because as humans, we all want to see people who look like us. So if I’m a client of a law firm, I would like to see people who look like me working at that law firm, doing well at that law firm, whether it’s a client at a large law firm, you know, a medium sized firm, a small firm. That’s important too just because lawyers often are very involved in their communities as well. It’s important to see the representation match up with the community. So I do think it’s important for that to be there.

There are some of the standard arguments you may have already heard around how diverse teams perform better, have better results overall. So I think that just by nature of having that diversity, you bring a diversity of experiences to the table, and that’s at the end of the day going to be all to the good.

Crissonna Tennison

Do you have any final thoughts or messages to share for listeners or anything that you feel we should have asked or touched on that we didn’t?

Monica Parker

One final point: diversity, equity and inclusion is a team effort. So it’s not up to your DEI person or leadership to make things happen, although those are necessary, folks. I look at it as, D&I requires every person in the organization to be focused on making the workplace an inclusive space where everyone can achieve.

Crissonna Tennison

Yeah, I can see how in an office environment you have to work together to create an effective workplace. And that includes working together to build a more accessible, inclusive workplace where everyone feels comfortable to do their best work.

Thank you so much for coming on through and talking to us today. That was a lot of really interesting and good information. So yeah, thank you for coming and joining our show today and sharing your insights with us.

Monica Parker

Well, thanks again for having me. I enjoyed our conversation.

OUTRO

Thank you for listening to the National Law Review’s Legal News Reach podcast. Be sure to follow us on Apple Podcasts, Spotify, or wherever you get your podcasts for more episodes. For the latest legal news, or if you’re interested in publishing and advertising with us, visit www.natlaw review.com. We’ll be back soon with our next episode.

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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:

Harrison Brown, Partner, Corporate Litigation
Shawna J. Henry, Partner, Corporate Litigation
Melissa Fundora Murphy, Partner, Commercial Litigation
Rachel A. Packer, Partner, Corporate, M&A, and Securities
Caitlin I. Sanders, Partner, Labor & Employment
Peter I. Tsoflias, Partner, Corporate, M&A, and Securities
Megan R. Wood, Partner, Intellectual Property Litigation
Huaou Yan, Partner, Commercial Litigation
Samir Ahuja, Partner, Finance, Restructuring, and Bankruptcy
Ross E. Coe, Partner, Real Estate
Eugene J. Gibilaro, Partner, Tax, Benefits, and Private Client
Lewis W. Schlossberg, Partner, Energy, Environment, and Mass Torts
David A. Gilbert, Of Counsel, Tax, Benefits, and Private Client
Dana S. Merkel, Of Counsel, Maritime and International Trade
James S. Ross, Of Counsel, Finance, Restructuring, and Bankruptcy
Erica A. Swensson, Of Counsel, Matrimonial & Family Law

“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.”

Article By Chandler Ford of The National Law Review / The National Law Forum LLC

For more business of law legal news, click here to visit the National Law Review.

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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Top Legal Industry Highlights for November 2022: Law Office Hiring and Expansion, Industry Awards and Recognition, and the Latest Updates in Diversity and Inclusion

Happy Holidays from the National Law Review! We hope you are remaining safe and healthy as Thanksgiving rolls around. Read more below for the latest in law firm hiring and expansion, noteworthy industry awards and recognitions, and the latest news in law firm diversity, equity, and inclusion efforts.

Additionally, please be sure to check out the latest Legal News Reach podcast episode from the NLR: “What’s New In Law Firm Thought Leadership? with Alistair Bone, Vice President for Passle.”

Law Firm Hiring and Expansion

Oblon, McClelland, Maier & Neustadt, LLP has added attorney Mark Nagumo as Of Counsel in the firm’s Chemical Patent Practice Group. Mr. Nagumo, who is a former U.S. Patent and Trademark Office administrative patent judge, has a great deal of experience in chemical research, particularly with regard to biomolecules, materials, and a wide range of other analytical techniques.

“We are thrilled to welcome Mark to our firm,” said Oblon Managing Partner Philippe Signore. “Mark is an extremely knowledgeable and respected chemical patent attorney whose many years of experience at the USPTO offers tremendous value and benefits to our clients. He is a great addition to our team.”

Polsinelli PC has appointed two new co-chairs of the firm’s Business Department: Jane Arnold and Kolin Holladay. Ms. Arnold, an experienced attorney in mergers and acquisitions, is based in the St. Louis office, where she currently serves as Office Managing Partner. Mr. Holladay, who also focuses his practice on mergers and acquisitions, is a Shareholder in the firm’s Nashville office.

“The selection of Arnold and Holladay as Business Department Co-Chairs reflects the firm’s long-standing commitment to inclusion, representation, and geographic diversity at every level,” said Chase Simmons, Chairman and Chief Executive Officer of Polsinelli. “Both are leaders who are highly respected within our firm and the industries in which they practice. Under their leadership, the Business Department will continue to create meaningful opportunities for our lawyers and clients, all consistent with our strategic priorities.”

James M. Tartaglia has rejoined Steptoe & Johnson PLLC as Of Counsel in the firm’s Charleston office. With a background in mineral title opinions and due diligence, Mr. Tartaglia joins the firm’s Energy Group , where he will focus his practice on energy contract law.

“We’re looking forward to having Jim back at the firm,” said Steptoe & Johnson CEO Christopher L. Slaughter. “His skill set and knowledge of the oil and gas industry strengthens our energy contracts practice and will be an asset to our clients.”

As of November 1st, 2022, Proskauer Rose LLP has promoted 33 of its attorneys – 25 to partner, and 8 to senior counsel. This class of promotions is the firm’s largest to date, and it includes attorneys from nine different offices around the world.

“We are delighted to promote this talented group of lawyers, whose values, entrepreneurial spirit and drive represent the best of the Firm,’” said Steven M. Ellis, Chairman of Proskauer. “We congratulate each of these new partners and senior counsel on this milestone and wish them continued success as they support our clients, secure historic victories, set precedents and serve as strategic partners.”

The following attorneys have been promoted to partner: Michelle Annese, Kimberly Braun, Ryan Carpenter, Aliza Cinamon, Grant Darwin, Christopher Elson, Nolan Goldberg, Laura Goldsmith, Oliver Howley, John Ingrassia, Philip Kaminski, Christine Lazatin, Shawn Ledingham, Matthew Levy, Stéphanie Martinier, Richard Miller, Bharat Moudgil, Adam Nelson, Caroline Robbins, Cameron Roper, Bradley Schecter, Adam Scoll, Sean Spence, Scott Patrick Thurman, and Harriet West.

The following attorneys have been promoted to senior counsel: Stephen Chuk, Pinchos Goldberg, Allison Lynn Martin, Jennifer Rigterink, Jurate Schwartz, Jennifer Yang, Edward Young, and Oleg Zakatov.

Frost Brown Todd has combined with California-based law firm Alvarado Smith, effective January 1, 2023. The combined firm will have more than 575 attorneys in 17 offices across nine states and Washington, D.C, with AlvaradoSmith’s addition providing strategic expansion into the Los Angeles, Orange County, and San Francisco markets.

“AlvaradoSmith is known for successfully taking on matters and clients often associated with big firms, while FBT has the resources of a large firm with the culture of a boutique shop,” said AlvaradoSmith Managing Shareholder Ruben Smith. “That’s why we’re confident this combination will be an excellent fit, allowing us to grow our capacity and resources while still retaining our deep connection to clients and community. We look forward to a very productive future with Frost Brown Todd.”

“This merger is a natural next step and tremendous growth opportunity for both Frost Brown Todd and AlvaradoSmith,” said FBT Chief Executive Officer Adam Hall. “As one of the largest and most influential economies in the world, California intersects with every one of Frost Brown Todd’s practice groups and many of our offices. We know our clients will benefit greatly from the extensive knowledge and relationships that AlvaradoSmith attorneys have cultivated throughout the state for decades. We look forward to working with them as we significantly expand our presence in California and strengthen Frost Brown Todd’s preeminent industry teams.”

Legal Industry Awards and Recognition

Ballard Spahr has received 26 National Tier 1 rankings in the 2023 Best Law Firms and a total of 160 rankings across all Best Law Firms categories. Best Law Firms rankings are gathered based on surveys from clients and professional references. To qualify, a law firm must have one attorney who is recognized in the current edition of Best Lawyers in a Best Law Firms-ranked practice area or metro area.

Ballard Spahr received National Tier 1 rankings in the following categories:

Banking and Finance Law
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Commercial Litigation
Copyright Law
Corporate Law
Criminal Defense: White-Collar
Employment Law – Management
Environmental Law
Labor Law – Management
Land Use & Zoning Law
Litigation – Banking & Finance
Litigation – Bankruptcy
Litigation – First Amendment
Litigation – Intellectual Property
Litigation – Labor & Employment
Litigation – Patent
Litigation – Real Estate
Media Law
Mergers & Acquisitions Law
Patent Law
Public Finance Law
Real Estate Law
Securities / Capital Markets Law
Securities Regulation
Trademark Law
Trusts & Estates Law

Lauren Wachtler, partner at Barclay Damon’s New York office, will be honored with the prestigious Hon. Shira A. Scheindlin Award for Excellence in the Courtroom by the New York State Bar Association’s Commercial & Federal Litigation Section. Ms. Watchler’s practice focuses on commercial and business litigation matters, and she advocates for women’s equality in the legal profession as well as mentoring and educating young attorneys.

The Scheindlin Award is presented annually on or around November 6, the date women were granted the right to vote in 1917 in New York state. “It is a true honor to receive the Scheindlin Award,” said Ms. Wachtler. “Judge Scheindlin was a gifted jurist and continues to be a role model for women in our profession.”

The award honors its namesake Shira A. Scheindlin, the Commercial & Federal Litigation Section’s former chair and former district judge for the Southern District of New York. Scheindlin said, “I extend my sincerest congratulations to Lauren for being selected to receive the Scheindlin Award. Her commitment to the legal profession and mentoring young women attorneys is truly inspiring and continues to grow year after year. Women litigators still face adversity in the courtroom; however, Lauren’s work will hopefully pave the way for future generations of women litigators.”

Foley & Lardner LLP has received the Corporate Citizen Award from the Three Harbors Boys Scouts of America Council, which seeks to honor a particular organization that exemplifies the Scout Law through community service and upstanding business practices. The award will be presented at the Distinguished Citizen Award Dinner in Milwaukee on November 17, 2022.

Foley was selected for its long-standing support of Scouting, as well as the firm’s significant pro bono support through Partner Peter Fetzer to Three Harbors Council. Mr. Fetzer is a partner in the firm’s Milwaukee office, where he focuses his practice on securities regulation, mergers and acquisitions, corporate governance and general corporate counseling to mutual funds, exchange traded funds, publicly traded investment advisers and public companies.

Diversity, Equity, and Inclusion in the Legal Profession

Womble Bond Dickinson attorneys Britt Biles and Stephanie Yarbrough have been selected for inclusion on Women We Admire’s 2022 Top 50 Women Leaders in the Law list, which celebrates influential and successful women in the legal field.

Ms. Biles is a Litigation Group Partner who played a key role in the federal government’s response to the Covid-19 pandemic. After her time as Associate White House Counsel and SEC senior enforcer, Biles became Senior Counsel of the Small Business Administration, where she was principal legal advisor to the CARES Act Administrator and an active participant in drafting guidance for the Paycheck Protection Program. At Womble Bond Dickinson, she focuses her practice on business litigation and government investigations.

Ms. Yarbrough is a Womble Bond Dickinson Global Board Member and Economic Development Team Co-Chair who has spent her two-decade legal career aiding economic development in the southeastern United States by helping domestic and international companies expand their operations to Charleston and surrounding regions. Yarbrough’s role in creating thousands of new jobs and billions in investments has led her to become an industry thought leader, speaking at local and national events and appearing in a 2017 New York Times article about Charleston’s economy.

Bradley Arant Boult Cummings LLP Partner Gary L. Howard has been selected to serve a one-year term as Vice Chair of the Defense Research Institute’s Diversity and Inclusion Committee. The Birmingham, Alabama attorney has been active with DRI for many years, previously serving as Diversity Expo Chair, Diversity for Success Seminar & Corporate Expo Program Chair, and Annual Meeting Steering Committee Member. Howard’s appointment comes on the heels of his 2021 Albert H. Parnell Outstanding Program Chair Award, which he received for creating engaging educational programming for DRI.

Mr. Howard’s 25-year legal career has seen him managing commercial litigation related to class actions, mass torts, contract disputes, insurance cases, and related matters. He has argued in state and federal courtrooms and is admitted to practice in more than ten states.

Moore & Van Allen have announced the creation of a new Civil Rights & Racial Equity Assessments Practice within their White Collar, Regulatory Defense & Investigation Practice. Fifteen of MVA’s most experienced investigative attorneys will harness the firm’s ESG, internal and cross-border probe, and human trafficking prevention expertise to conduct public-facing racial equity and civil rights audits. These reviews will assist businesses interested in improving their internal and external diversity practices.

Valecia M. McDowell, who will be leading the new practice, commented, “Our Civil Rights & Racial Equity Assessments Practice brings together our deep experience and bench strength in key areas to help our clients strategically assess their internal and external practices, programs, and policies to more thoroughly and thoughtfully address diversity, equity, and inclusion (DEI).”

Article By Chandler Ford, Shelby Garrett, and Crissonna Tennison of The National Law Review / The National Law Forum LLC

For more business of law legal news, click here to visit the National Law Review.

Fall 2022 Legal Industry News Highlights: Law Firm Hiring and Expansion, Notable Awards and Recognition, and the Latest in Diversity, Equity, and Inclusion

Happy November! As the holiday season approaches, we hope you and yours are remaining safe, happy, and healthy. Please read on below for the latest in legal industry updates, including notable law firm hirings and expansions, legal awards and recognition, and diversity, equity, and inclusion news.

Law Firm Hiring and Updates

Ropes & Gray has named 21 new partners as of November 1st, 2022. They have been selected for their roles as outstanding advisors to the firm’s clients across the globe, representing practices and specialties across sectors such as healthcare, life sciences, technology, labor and employment, and more.

“We are pleased to welcome this new group of partners, who are uniquely positioned to help our clients thrive in today’s uncertain economic environment,” said Chair Julie Jones. “These lawyers are problem solvers and big-picture thinkers, guided by a commercial approach and a deep understanding of the law.”

The firm’s newest partners are as follows: Samantha Barrett Badlam, Stephanie Bruce, Drew Clary, Dan Coyne, Sally Davis, William T. Davison, Gabrielle DiBernardi, Shona Ha, Laura Hirst, Yoni Levy, Nichole Lopez-Tackett, Jessica Marlin, Pascal Mayer, Anthony Mongone, Jessica Reece, Ben Rhode, Scott Rolnik, Alexander Simkin, Annie Sipe, PJ Sullivan, and Dan Zuckerman.

Baker Donelson has added Jill Walters to its Corporate Restructuring & Bankruptcy Group. Located in the firm’s Raleigh/Research Triangle office, Ms. Walters joins as a shareholder, providing more than fifteen years of experience counseling clients in restructuring, bankruptcy, insolvency, and complex Chapter 11 cases. Her work spans many industries and sectors, such as healthcare, manufacturing, real estate, and construction.

“I am thrilled to welcome Jill to the Firm. She is an excellent addition to our team and further deepens our bankruptcy and restructuring bench,” said Eric L. Pruitt, leader of Baker Donelson’s Corporate Restructuring & Bankruptcy Group. “Jill joins a dedicated team that has extensive litigation and transactional experience, and is advising clients in highly complex financial restructuring and bankruptcy cases.”

Morgen A. Mueller has joined Goldberg Segalla as an associate in the firm’s Chicago office. Now a part of the Workers’ Compensation practice group, Ms. Mueller focuses her practices on representing and defending insurers, administrators, and employers in all aspects of employment law, managing claims at all stages, including discovery, hearings, depositions, arbitrations, mediations, and trials.

Previously, Ms. Mueller served as legal counsel at Liberty Mutual Insurance, where she handled workers’ compensation defense cases and personal injury cases.

Davis|Kuelthau s.c. and SmithAmundsen LLC have announced that they will formally merge on November 1st, 2022, to form Amundsen Davis, LLC. The firm will offer services in a wide variety of areas, including labor and employment, intellectual property, litigation, mergers and acquisitions, real estate, and more. Comprised of twelve offices across the US, Amundsen Davis will serve clients both nationally and internationally.

“SmithAmundsen has grown steadily and strategically over the last 25 years to add service areas and expand our geographic reach to truly benefit our clients,” said Managing Partner Larry A. Schechtman. “The opportunity to combine with a firm that is so like-minded is one we are very excited about. What will set Amundsen Davis apart from its large law firm competition is our ability to maintain a boutique firm feeling in terms of client service while providing the resources and infrastructure of a large national firm.”

Legal Industry Awards and Recognition

Julia Perkins, partner at Varnum LLP, was named Class of 2022 Leaders in the Law by Michigan Lawyers Weekly. This honor goes to lawyers who have had outstanding accomplishments, exhibited leadership in improving the justice system in Michigan, and have made improvements to the legal community.

Ms. Perkins is the leader of Varnum’s Family Law Practice Group. Her contributions go beyond the legal field as she has served on the advisory committee for Kids Talk Children’s Advocacy Center since 2005. Using her legal experience, she volunteers as a mediator for Lakeshore Legal Aid. Lakeshore Legal Aid provides legal services to low-income families, seniors, and survivors of domestic violence and sexual assault.

LMG Life Sciences recognized five ArentFox Schiff lawyers’ outstanding work in the life sciences industry. The organization specifically recognizes key North American law firms and lawyers that work in the field of life sciences, taking into account case evidence, peer feedback, and client feedback for rankings.

The ArentFox Schiff attorneys that were selected, as well as their practice groups, are as follows:

Partner Imron Aly – Hatch-Waxman Patent Litigation
Partner Richard J Berman – General Patent Litigation, Patent Prosecution, Patent Strategy & Management, Hatch-Waxman Patent Litigation
Partner Kevin Nelson – Hatch-Waxman Patent Litigation
Partner Sailesh Patel – Hatch-Waxman Patent Litigation
Partner Stephanie Trunk – Healthcare Pricing & Reimbursement

Rhonda Tobin of Robinson & Cole LLP was one of five women recognized for Managing Partner of the Year in Corporate Counsel’s 2022 Women, Influence and Power in Law (WIPL) Awards. The WIPL Awards are meant to honor general counsel, in-house attorneys, and other law firm leaders who have demonstrated ongoing efforts to empower women in the legal profession, and who have overall made a substantial impact on the field.

Ms. Tobin is a partner at Robinson+Cole and has spent 32 years working on high-profile insurance coverage litigation. She has served as Managing Committee for 12 years and as a chair of the firm’s Litigation Section for 13 years before becoming the firm’s first woman managing partner. This year, she was also listed in the Hartford Business Journal’s 2022 Power Players Section, and she has also been recognized on the Insurance Law Trailblazers list from the National Law Journal.

Diversity, Equity, and Inclusion

Global law firm Kennedys and U.S. law firm Miller Canfield have achieved Mansfield Plus Certification from Diversity Lab, a DEI incubator. Diversity Lab adopted the Mansfield Rule, a 12-month program for law firms to boost underrepresented groups in firm leadership, in 2017. The 2021-2022 Mansfield 5.0 program required firms to consider at least 30% historically marginalized groups for at least 70% of senior promotions and enrichment roles, track and document job candidate demographics, submit three-month, six-month, and annual surveys and data collections, and build professional community with other firms.

Kennedys achieved U.S and U.K. certification as a first-time participant in the program. “Kennedys has always been committed to D&I but participating in Mansfield provided both a structure and a mechanism for accountability that allowed us to move beyond words to concrete action. It was a turning point for all of us and has allowed us to continue to identify concrete goals for the future,” says Meg Catalano, US Regional Managing Partner and Global Board Member.

Miller Canfield is a veteran of the Mansfield Program. The firm was the first in Michigan to adopt the rule, one of 27 firms to achieve certification in the program’s first year, and one of 39 to be certified five years in a row.

“When we first adopted the Mansfield Rule, we didn’t know how or if this small, but influential, group would have an impact on the profession and on law firms nationwide,” said Miller Canfield CEO Megan Norris. “We didn’t know whether law firms would be ready to adopt this level of transparency and accountability. We’re pleased to see that the movement is growing and maintaining momentum to create an opportunity for equity in law firms.”

The American Association for Access, Equity And Diversity presented Jackson Lewis P.C. with their 2022 President’s Award at a virtual award ceremony on October 13^th, 2022. The award is intended to recognize organizations that have demonstrated ongoing commitment to the AAAED and their mission of expanding access, equity, and diversity.

Jackson Lewis’ Affirmative Action, OFCCP and Government Contract Compliance practice group works with clients and partners to foster a strong DEI culture within a wide range of powerful organizations and industries. The firm has collaborated with AAAED on a number of initiatives, from providing faculty for the AAAED Professional Training Institute to participating on an AAAED amicus brief team to submit two briefs before the U.S. Supreme Court, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina.

“We are thrilled to be recognized for the President’s Award,” says Matthew J. Camardella, co-leader of the firm’s Affirmative Action, OFCCP and Government Contract Compliance group. “I would like to thank Firm Chair Kevin G. Lauri and Chief Diversity, Equity & Inclusion Officer and Principal Kimya S.P. Johnson for continuing to invest in our partnership with AAAED and its mission to promote and protect policies that ensure equity and inclusion in all spheres of opportunity.”

Article By Chandler Ford, Crissonna Tennison, and Shelby Garrett of The National Law Review / The National Law Forum LLC

For more business of law legal news, click here to visit the National Law Review.

Transforming Business: Exploring Pathways for Women to Join and Impact Corporate Boards

Womble Bond Dickinson hosted a “Transforming Business: Exploring Pathways for Women to Join and Impact Corporate Boards” panel discussion at the Post Oak Hotel in Houston. WBD Chair & CEO Betty Temple joined 50/50 Women on Boards Houston Founder & Chair Susan Knight (moderator), TechnipFMC Executive VP, Chief Legal Officer & Secretary Victoria Lazar and Duy-Loan Le, a Board of Directors member for Wolfspeed, National Instruments, Ballard Power Systems and Atomera and a retired Senior Fellow at Texas Instruments. The panelists also offered insights into how women can make a lasting impact on corporate boards, and this article is based on that discussion.

The issue of women on corporate boards is a classic glass-half-full/glass-half-empty conundrum.

On one hand, the percentage of women on corporate boards reached an all-time high in 2021, and female board representation has grown substantially in the past decade alone. On the other hand, women still make up only 27 percent of Russell 3000 company boards of directors, according to a recent report by 50/50 Women on Boards. Only nine percent of those companies have gender-balanced boards.

Women Representation on Corporate Boards

Percentage of Female Directors on S&P 500 Boards

2021: 30 percent
2020: 28 percent
2011: 16 percent

Percentage of Boards with Two or More Women Directors

2021: 96 percent
2011: 58 percent

Source: 2021 U.S. Spencer Stuart Board Index

Le said, “In the field of technology, especially in the boardroom, often I’m the only woman.” This was particularly true when she joined her first public board 20 years ago, she said, and while Le sees more women in corporate leadership today, she still feels as if she is in a predominantly male world.

Getting appointed to a corporate board—or even a civic or non-profit board—isn’t easy, particularly for women. But the pathway to board membership is clearer than ever for women, thanks in large part to the work of women who have blazed that trail.

Self-Assessment Key to Finding the Right Board

To those outside the boardroom, a board of directors may seem like a closed, secret society. But the panelists said that joining a corporate board actually is much more akin to applying for a job, albeit a job that isn’t publicly advertised.

“The first step on a board journey is to show interest in leadership,” Lazar said.

“It is a journey – it’s not something you can do overnight,” Temple said. Looking back, she said she would have changed her initial approach to board service, even though she was actively counseling public company boards as an attorney at the time.

“I would try to build a resume for a board with the strengths I have to be a fiduciary to a company. They want you to be strategic—to think about the business and where it is going. So you need to be thoughtful about how you can help,” Temple said. For example, if candidates have proven experience in finance, legal, human resources, communications or policy matters, they should showcase those skills.

Temple said, “Boards are looking for specific skillsets so you can be an asset on day one. It’s difficult to be a director-in-training.”

But first, she recommends candidates do a self-assessment of their areas of strength and experience, so they can find corporate boards that are the best fit.

“The key is not to spread the net too wide but focus on where you can have a real impact,” Temple said.

“The key is not to spread the net too wide but focus on where you can have a real impact.”

BETTY TEMPLE, CHAIR & CEO OF WOMBLE BOND DICKINSON

Knight said that board opportunities can include non-profit, advisory, private equity and private company boards, too. “The common thread is that you have a fiduciary responsibility,” she said.

While board members come from a variety of professional backgrounds, many are attorneys or have legal experience.

“There is a large population of potentially qualified board members who are attorneys. It’s a good time to be an attorney looking to serve on a board,” Lazar said. However, she cautioned that companies neither want nor need a “Second General Counsel” on the board. Attorneys have the skills and background to guide companies strategically and help them spot potential problems before they arise. This background is particularly valuable during a corporate restructuring, Lazar said. But lawyers on the board shouldn’t try to micromanage or second-guess the company’s in-house legal team.

She also said attorneys need to bring more than legal experience to the board room. Other skills and experiences are invaluable to board service and should not be ignored.

Finally, Le said building strong relationships is critical to being considered for board service. Candidates who demonstrate a selfless desire to help others are best positioned to earn the type of trust necessary to be selected.

“In all of my experiences, boards came to me – not because I’m better than anyone else, but because they know me,” she said. “Reach out, spread your wings and help other people without expecting anything in return. That’s how people come to know you and want you to be part of their team.”

“There is a large population of potentially qualified board members who are attorneys. It’s a good time to be an attorney looking to serve on a board.”

VICTORIA LAZAR, EXECUTIVE VP, CHIEF LEGAL OFFICER & SECRETARY OF TECHNIPFMC

Finding the Board that Fits

Women absolutely need to assess their personal skills, strengths and experience when they decide to pursue board membership. They also need to pay close attention to the companies they wish to serve and the other board members they would be serving with. The panelists said the first opportunity for board service may not always be the right opportunity.

“I needed to meet the people I was going to be serving with in person. Do we share the same values? Can I collaborate with them? The chemistry was very important,” Le said.

Lazar said networking is a great way to build the types of relationships that lead to board service.

“There are hundreds of ways to meet people who are in position to recommend you for a board,” she said. These include professional organizations, community and civic groups, economic development organizations, bar associations (for attorneys) and more. Getting involved in such organizations can offer valuable leadership opportunities, as well as the chance to get to know corporate board members.

“Work your network and work your resume, so when you have the opportunity, you have demonstrated leadership. Be ready when they tap you on the shoulder,” Temple said.

“Work your network and work your resume, so when you have the opportunity, you have demonstrated leadership. Be ready when they tap you on the shoulder.”

BETTY TEMPLE

What to Know about Board Service

Finding the right fit and getting on a corporate, civic or non-profit board is just the beginning. The panelists all have extensive experience with board service and shared some of their recommendations for finding success as a board member.

For example, Le said board members need to protect themselves from legal liability when they agree to become a board member.

“I’d never serve on a public board without directors and officers (D&O) insurance,” she said, noting that if board members exercise their best judgment and put the company’s interests first, they generally have nothing to worry about.

Temple also noted that board members need to be prepared to serve on committees. Public companies are required to have Audit, Compensation, and Corporate Governance/Nominating & Governance committees. Women who want to serve on boards should consider how their skillsets and experience can benefit those committees. For example, having a background in human resources or corporate compensation is great experience for serving on a compensation committee. Likewise, candidates with experience in ESG or diversity, equity and inclusion (DEI) may be a good fit for a corporate governance committee.

“Committees are a big part of board service, and it is a lot of work – and it’s not just the meetings. Before the meetings, we get hundreds of pages to review,” Le said. “The decisions you make are consequential. Your decisions impact individuals and their lives.”

Lazar also noted that private company boards can be far different from those at public companies. At public companies, the separation between the board of directors and corporate leadership is established by federal law. But at a privately held company, the barriers between board members and corporate leadership may be blurred. Board candidates at a private company need to investigate the boardroom dynamic up front before they agree to join.

Hiring a CEO

Hiring (and firing) a CEO is perhaps the most basic, fundamental role of a governing board. At the very least, it is one of the three core functions of the board, along with strategy and compliance.

Leadership transition can be smooth—such as when a well-liked CEO decides to retire, and the board has ample time to find a replacement and no shortage of good candidates. But there are instances where the board and CEO part ways on contentious terms—Carly Fiorina’s 2005 ouster from Hewlett-Packard is one high-profile example of when a board and its corporate leader were completely unable to co-exist.

No matter the circumstances, board members must be prepared to deal with leadership transition at any time.

When somebody says, ‘We need to make a move,’ you have to be ready to voice an opinion and be an active participant in the process. It’s one of the most important and difficult decisions a board can make,” Lazar said.

“Sometimes, leadership isn’t about expertise—it’s about dealing with people.”

DUY-LOAN LE, BOARD OF DIRECTORS MEMBER FOR WOLFSPEED, NATIONAL INSTRUMENTS, BALLARD POWER SYSTEMS AND ATOMERA

Le has been in the boardroom during those difficult meetings. She said she experienced a situation where the board had to replace the CEO, who also was the company’s founder and largest shareholder and who initially did not want to leave.

This situation required interpersonal skills, not cold business logic. The CEO/Founder had given so much to the company, and he needed an exit strategy that wouldn’t humiliate him. Le was able to navigate that difficult path during their long, emotional phone call.

“It can be intense. If that situation hadn’t been navigated properly, it would’ve blown up in our face,” she said. “Sometimes, leadership isn’t about expertise—it’s about dealing with people.”

Whether women are looking to serve or are already in the boardroom, the panelists encouraged them to believe in themselves.

“Why wouldn’t you be qualified? Everyone has to do it for the first time,” Lazar said. “Focus on what you have and what you bring.”

“If you’ve been appointed to a public company board, then you’re there – you’ve got it. Just be a great board member and keep doing the right things,” Temple said.

“I remember the feeling the first time I walked into a board room. It was all white men, a generation older than me. But I thought, ‘I have an advantage.’ Because none of these men have lived the life I’ve lived. And what’s the worst that can happen – that they kick me off the board?” Le said. “From there, just do what Betty said and carry yourself with confidence. You are just as good as anyone in that room.”

For additional research and resources, go to the 50/50 Women on Boards website. 50/50 Women on Boards is dedicated to promoting gender balance and diversity on corporate boards.

Article By Elizabeth O. Temple of Womble Bond Dickinson (US) LLP

For more corporate and business legal news, click here to visit the National Law Review.

Tag: DEI

How The U.S. Supreme Court’s Ruling On College Affirmative Action Programs May Impact Private Employers

Overview

Supreme Court Precedent

The Court’s Additional Considerations

Impact on Private Employers

Practical Tips For Employers

Conclusion

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Legal News Reach S3E1: The DEI Dialogue: How Feedback Fosters Inclusion and Diversity in the Workplace

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

Law Firm Hiring and Expansion

Awards and Recognition for Law Firms

Legal Industry Diversity, Equity, and Inclusion News

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Top Legal Industry Highlights for November 2022: Law Office Hiring and Expansion, Industry Awards and Recognition, and the Latest Updates in Diversity and Inclusion

Law Firm Hiring and Expansion

Legal Industry Awards and Recognition

Diversity, Equity, and Inclusion in the Legal Profession

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Fall 2022 Legal Industry News Highlights: Law Firm Hiring and Expansion, Notable Awards and Recognition, and the Latest in Diversity, Equity, and Inclusion

Law Firm Hiring and Updates

Legal Industry Awards and Recognition

Diversity, Equity, and Inclusion

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Transforming Business: Exploring Pathways for Women to Join and Impact Corporate Boards

Women Representation on Corporate Boards

Percentage of Female Directors on S&P 500 Boards

Percentage of Boards with Two or More Women Directors

Self-Assessment Key to Finding the Right Board

Finding the Board that Fits

What to Know about Board Service

Hiring a CEO

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Overview

Supreme Court Precedent

The Court’s Additional Considerations

Impact on Private Employers

Practical Tips For Employers

Conclusion

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Law Firm Hiring and Expansion

Awards and Recognition for Law Firms

Legal Industry Diversity, Equity, and Inclusion News

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Law Firm Hiring and Expansion

Legal Industry Awards and Recognition

Diversity, Equity, and Inclusion in the Legal Profession

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Like this:

Law Firm Hiring and Updates

Legal Industry Awards and Recognition

Diversity, Equity, and Inclusion

Share this:

Like this:

Women Representation on Corporate Boards

Percentage of Female Directors on S&P 500 Boards

Percentage of Boards with Two or More Women Directors

Self-Assessment Key to Finding the Right Board

Finding the Board that Fits

What to Know about Board Service

Hiring a CEO

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