2018 LABOR AND EMPLOYMENT COUNSEL EXCLUSIVE

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 8-1

IN-HOUSE COUNSEL’S ROLE IN DRIVING SUCCESS IN DIVERSITY

AND INCLUSION

April Miller Boise – Meritor

Shafeeqa W. Giarratani – Ogletree Deakins (Austin)

Michelle P. Wimes – Ogletree Deakins (Kansas City)

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In-House Counsel’s Role in Driving Success in Diversity and Inclusion

Presented by

April Miller Boise (Meritor), Shafeeqa W. Giarratani (Austin), and Michelle P. Wimes (Kansas City)

Shafeeqa GiarrataniCo-Chair DLPGShareholder, Austin, TX

Kimya JohnsonCo-Chair DLPGSenior Counsel, Philadelphia, PA

Introducing Ogletree’s New Diversity Legal Practice Group

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Ogletree’s New D&I Practice Group

Changing demographics, highly publicized negative incidents, and/or a poor diverse employee representation have propelled well-known companies to heavily invest in their D&I Initiatives.

Ogletree’s new practice group will support our clients in designing, implementing and enhancing their own D&I initiatives.

Introducing Senior Counsel, Kimya S. Johnson

– Philadelphia office

– Co-chair with Shafeeqa Giarratani

Diversity and Inclusion: The Framework

Voluntary Diversity & Inclusion Program

Compliance

Diversity & Inclusion as Strategic Business Partner

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Phases of Law Firm Diversity & Inclusion

1. Early Pipeline

Programs (High School)

2. Law School and Summer Internships

3. Law Firm Hiring

4. Development & Retention

(1-7 years)

5. Promotion to Partner and Firm

Leadership

(8+ years)

What Are Clients Saying/Doing?

Annual Legal Meetings– 2017 Annual Meeting with Outside Counsel Firms

• D&I Practices and Initiatives

• D&I Lawyers – Billing, Working, Responsible

– 2018 Diversity Summit• Invitations to women, minorities, billing partners, etc.

• In conjunction with Ford, Kelly Services & Cooper Standard

• Access to more information about our business and strategy

• Build relationships

• Move to the “best friend firms” list; in line for more projects

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What Is the Profession Doing?

ACC Foundation Dinner Series– ACC Care and Feeding of In-house Counsel Dinner

Discussion Series

– Intimate dinners with GCs and other law firm partners

– Honest, no holds barred discussion

– Strengthening relationships

– Sharing best practices to improve diversity in the legal profession

What Is the Profession Doing?

Pipeline Initiatives

1L Summer Company Internships – followed by law firm opportunities

Advancement Initiatives

– The Black GC 2025 Initiative

– Hispanic and Asian bars have similar initiatives

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2025 Advisory Council

Damien Atkins, General Counsel, Hersey’s

Sharon Barner, General Counsel, Cummins

Cornell Boggs, Former General Counsel

(Dow Corning & Toys-R-Us)

April Miller Boise, Chief Legal Officer,

Meritor, Inc.

Alfreda Bradley-Coar, Chief Commercial

Counsel, General Electric (Former)

Verona Dorch, General Counsel, Peabody

Energy

Raymond Ferrell, General Counsel, Dex YP

Phyllis Harris, General Counsel Legal

Operations, Walmart

Michelle Ifill, General Counsel, Verizon

Operations

Michele Coleman Mayes, General Counsel,

New York Public Library

Teri Plummer McClure, Senior VP Human Resources and Labor Relations, UPS

John Page, General Counsel, Golden State Foods

Rick Palmore, Dentons (Former General Counsel, General Mills)

Juliette Pryor, General Counsel, Cox Communications

Veta Richardson, CEO, Association for Corporate Counsel

Larry Thompson, (Retired) General Counsel, PepsiCo

Michael Tucker, General Counsel, Avis Budget Group

Ernest Tuckett, General Counsel - Americas, AkzoNobel (Former)

Wanji Walcott, General Counsel, PayPal

Ben Wilson, Managing Partner, Beveridge & Diamond

2025 Black GC Initiative

We Will Do:

Develop agreed core criteria for “ready now” GC candidates Create master contact list of current and former GCs and ready now

candidates Collect and maintain bio book, headshots, and confidential resume book

of ready now candidates Collect and maintain a bio book of current GCs Circulate the electronic bio books with photos as opportunities become

available Develop relationships with search firms and share information on ready

now candidates Rely on advisory council and other current and former GCs to identify and

vouch for ready now candidates and their referral source Use LinkedIn and LinkedIn Group to publicize the initiative and celebrate

Black GCs Develop and identify resources/mentors for new GCs and candidates

interviewing for roles Network with other Black C-suite officers

We Will Not Do:

Develop or host training sessions and CLEs

Hold regular/ frequent in person meetings of candidates

Pick the next GCs

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Ideal Core Criteria for GCs – 3 Main Categories

The core criteria for effective General Counsel generally can be divided into three main categories:

1. Strong Executive Presence and Interpersonal Skills

2. Significant Technical Legal Expertise and Experience

3. Demonstrated Excellent Judgment

Ready now GC candidates possess each of the above three core criteria as demonstrated through some (but not necessarily all) of the factors under each detailed core criteria.

Diversity and Inclusion: The Framework

Voluntary Diversity & Inclusion Program

Compliance

Diversity & Inclusion as Strategic Business Partner

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Discrimination claims

Federal agency shift

National demographic changes

Multi-national context

Generational differences in understanding of diversity

Expansive nature of diversity

Issues to Consider

Policy review

Complaint process

Required training

Federal contractor status and obligations

Pay equity (analysis may allow a legal defense in some states)

Compliance

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Misconception – Not one size fits all!

Key questions – How are we doing now?

– Where do we need to go?

Start with assessment – Crisis areas

– Climate survey (potentially privileged)

– Prior efforts

– Resource groups

– Policies/training

Getting Started – Qualitative Assessment

Collecting data

– Can you collect self-identification information?

– What can you collect?

– Who has access?

– When can you get it?

– How do you store it?

Get Started – Numerical Assessment

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How do you analyze data

– Utilization comparison to labor pool

– Adverse impact analysis

– Improvement over several years

– Review of different parts of employment process

Get Started – Numerical Assessment

Protection of self-identification information

Who has access?

Reasons for use?

Is it ever privileged?

Sharing Data Analysis?

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Determine goals for program– What are we trying to do?

– How will we know when it’s done?

– Focus area• Protected traits (race, gender, disability, sexual orientation)

• Skills/ideas

• Multi-national issues

Identify stakeholders/structure– Who should be included and excluded?

– Stand-alone department vs. integrated

Getting Started: Goals and Structure

Over-emphasis on diversity metrics can be challenged as unlawful quotas

– Case examples

• Frank v. Xerox Corp.: “Balanced Workforce Program” called for racial and gender groups to be proportionately represented at various levels in the company

• DeCorte v. Jordan: Louisiana District Attorney made a campaign promise that his staff would be reflective of New Orleans’ racial composition

Getting Started – Legal Issues Around Numerical Diversity Goals

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Do– Make goals flexible/aspirational and consider

them as one part of an overall diversity program

– Emphasize outreach instead of meeting a number

– Focus on inclusion efforts

Don’t– Use quotas

– Give preference to candidates based on diverse characteristics alone

Getting Started – Legal Issues Around Numerical Diversity Goals

Diversity and Inclusion: The Framework

Voluntary Diversity & Inclusion Program

Compliance

Diversity & Inclusion as Strategic Business Partner

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Ogletree’s Strategic Approach to D&I

We’ve combined D&I with Professional Development. Why?

– Ensures D&I initiatives are an integral part of attorney competencies

– Highlights the importance of acting inclusively as a leadership skill that can be developed

– Dissolves the silo D&I is often placed

Three Foundational Resources

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Success the ODWay Learning Guide

It describes:

− The essence of Ogletree Deakins culture

− The traits and behaviors of successful Ogletree Deakins attorneys

− The derailment patterns and personal brand killers

Why does it matter?

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Benchmarks

A set of developmental milestones that associates should meet in order to progress and succeed within the labor and employment practice at Ogletree Deakins.

Practice-specific benchmarks

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Training/Coaching Ogletree Lawyers

CDP/CDP+

In-House Counsel’s Role in Driving Success in Diversity and Inclusion

Presented by

April Miller Boise (Meritor), Shafeeqa W. Giarratani (Austin), and Michelle P. Wimes (Kansas City)