2017 Global TEC Forum
The Global TEC Forum: Empowering Change in Technology, Education and Careers (G-TEC) addresses diversity in the tech industry, the latest disruptions and challenges facing the legal profession, and how emerging technologies are changing the practice of law. In addition to educational panels, participants attend career development sessions and workshops specifically tailored for their career track and level of experience. The ultimate goal for each attendee is to cultivate professional relationships, learn about the latest tech developments in the legal profession and strategically advance their professional brand and career.
Course Materials
Get Ready for the Blockchain! Luncheon Plenary
Internet of Things (IoT): Legal and Privacy Issues
Managing Your Global Antitrust Risk (and Rewards)
Owning the Rights (and Wrongs) to your Invention: The Highs and Lows of Patent Litigation
Preparing for a Ransomware Attack
The Changing Face of Access Control: Addressing Biometric Privacy
What a Fine Mess: Avoiding the Privacy and Cybersecurity Regulators’ Crosshairs
SOURCES OF SUCCESS™
EVENT SPONSORS
MCCA would like to take the time to thank all of our generous sponsors who supported MCCA’s 2017 Global TEC (Technology, Education, and Careers) Forum.
Title Sponsors
2017 MCCA Rainmakers
ANAND AGNESHWAR
Partner,
Arnold & Porter Kaye Scholer LLP
AMY L. BAIRD
Partner,
Jackson Walker L.L.P
MARK W. BRENNAN
Partner,
Hogan Lovells US LLP
CAROLYN FAIRLESS
Managing Partner,
Wheeler Trigg O’Donnell LLP
ARTURO J. GONZÁLEZ
Partner,
Morrison & Foerster, LLP
SANG KIM
Global Board US Executive Committee,
DLA Piper LLP
SAMUEL S. PARK
Partner,
Winston & Strawn LLP
LUIS SALAZAR
Managing Partner and Founder,
Salazar Law
CHRISTINA GUEROLA SARCHIO
Partner,
Orrick, Herrington & Sutcliffe LLP
ANTHONY N. UPSHAW
Partner,
McDermott Will & Emery
EVENT AGENDA
Day 1 — MONDAY, JUNE 19, 2017
7:30 AM – 9:00 AM
REGISTRATION AND BREAKFAST
Location: Marina & Grand Ballroom Foyer
9:00 am – 11:45 am
MCCA EXCHANGE (MEMBERS ONLY)
Location: Union Square
The Exchange is a MCCA member-only networking breakfast that provides an opportunity for in-house counsel to network with their peers and expand their rolodex with other MCCA Member corporations, MCCA FAN’s, and sponsoring law firms. Don’t miss this opportunity to meet MCCA’s in-house members, law firm affiliates, and sponsors.
10:30 am – 11:45 am
SOURCES OF SUCCESS
Location: Grand Ballroom A
Negotiation: Learn by Doing
Good negotiators – like good stories – hear and speak to us where we are and then take us to new places and new perspectives that allow us to look back on our prior story with new eyes. Great negotiators – like great stories – capture our hearts, make us care about another, and inspire us to look beyond our own story and become a part of a larger common story with an ending that make sense and feels right for all. The goals for this program are:
- Have fun!
- Learn-by-doing (“jump in” “push the envelope” “leave fear at the door”)
- Meet someone new or share an experience with colleagues you know.
Faculty:
Carolee Hoover – Partner, McGuireWoods, LLP
Franklin Kang – Partner, McGuireWoods, LLP
Judy Estes – Senior Vice President, Assistant General Counsel, Mastercard Incorporated
Sandra A. Jeskie – Partner, Duane Morris LLP
Shirish Gupta – Mediator & Arbitrator, JAMS
Sidney Kanazawa – Partner, McGuireWoods, LLP
12:00 pm – 2:00 pm
RAINMAKERS AWARD/LUNCHEON PLENARY – AGE OF AI: HOW IS ARTIFICIAL INTELLIGENCE TRANSFORMING AND DISRUPTING THE PRACTICE OF LAW?
Location: Grand Ballroom C
AI’s role in the field of law is like Internet start-ups in the 1990s – everyone is talking about it, very few are actually doing it, and those that are doing it, have no idea what they are doing. Currently, AI is the talk of the town, but how will AI affect the practice of law, and what kind of value (or disruption) can AI provide? What will the practice of law look like in 20 years? As AI develops in the legal profession, remaining ahead of the AI learning curve is of paramount importance. This CLE plenary will cover a host of discussion topics to include: The general role of AI in the practice of law; Efficient use of AI to handle litigation and corporate matters (such as contract review); and how AI compliments Alternative Fee Arrangements.
Panelists:
James Lee – Partner, LTL Attorneys LLP
Jill Bronfman – Program Director of the Privacy and Technology Project / Adjunct Professor, the Institute for Innovation Law / UC Hastings
College of Law
Neil Sahota – Worldwide Head of Business Development, IBM Watson Group
2:15 pm – 3:30 pm
OWNING THE RIGHTS (AND WRONGS) TO YOUR INVENTION: THE HIGHS AND LOWS OF PATENT LITIGATION
Location: Grand Ballroom A
In light the current state of patent litigation, this CLE will focus on the skills necessary for proper and effective preparation and presentation of a patent trial. There are numerous practical considerations and nitty-gritty logistics involved in a patent trial that are often overlooked in purely academic or theoretical discussions of patent law. This panel proposes a more real-world presentation of potential pitfalls and lessons learned for representing clients in patent trials, especially in patent-heavy venues such as the U.S. District Court for the Eastern District of Texas.
Panelists:
Deanna Kwong – IP Litigation Counsel, Hewlett-Packard Enterprise Company
Irene Yang – Counsel, Sidley Austin LLP
Matthew Ahn – Senior Corporate Counsel, Oracle Corporation
Peter H. Kang – Partner, Sidley Austin LLP
2:15 pm – 3:30 pm
DESIGNING AND DEPLOYING CORPORATE DISPUTE RESOLUTION PROGRAMS (DRP) IN THE TECHNOLOGY SPACE: RISK MANAGEMENT, COST REDUCTION AND DISRUPTION CONTAINMENT
Location: Grand Ballroom B
Corporations, domestic and foreign, are increasingly using internal dispute resolution programs to reduce financial exposure from lawsuits, protect intellectual property, avoid organization disruption resulting from such disputes and lessen the potential impact of negative consequences flowing from the public resolution of internal corporate disputes. Counsel to technology firms are often confronted with complex and messy internal conflicts or disputes implicating the protection of intellectuals property and technology rights. DRP are programs through which an organization uses a defined alternative dispute resolution process to resolve disputes between itself and its employees usually in lieu of the option to resolve the dispute in a court of law. First, this panel will provide an overview of corporate experience with DRP programs including the structure of the programs, their effectiveness, and current utilization rates. Next, the panel will discuss the benefits and challenges of these programs and address best practices for presenting, implementing and operating DRP programs. Lastly, the panel will then use a hypothetical example to illustrate the practical use of a DRP to resolve a wrongful termination claim implicating corporate intellectual property rights.
Panelists:
Merriann M. Panarella – Arbitrator/Mediator/Consultant, Panarella Dispute Resolution Services
Neil Currie – Vice President, American Arbitration Association
Reginald A. Holmes – President, The Holmes Law Firm, APC
2:15 pm – 5:00 pm
C-SUITE LEADERSHIP INSTITUTE PART 1 (APPROVAL NEEDED)
APPROVAL REQUIRED for this professional development program; the C-Suite Leadership Institute is gratis for attendees but space is limited.
The C-Suite Leadership Institute is a collective effort by MCCA to effectively change the landscape of the legal profession at its highest levels, specifically as general counsels in Fortune 500 companies. MCCA is focused on helping diverse lawyers break the concrete ceiling in F500 companies. In order to achieve this goal, C-Suite provides a platform for the senior leaders to achieve three sub-goals: identify, develop and promote talented Hispanic and Black lawyers. The Summit is structured with panels, workshops and recruiters to achieve those three sub-goals.
To secure your spot at the program, please select this track as you register for G-TEC, and the application will be sent to you via email.
Your completed application will be reviewed and you will be notified of your acceptance into the C-Suite Leadership Institute and provided a detail agenda at a later date.
If you have any questions about this program, please contact Sophia Piliouras at education@mcca.com.
2:15 pm – 5:00 pm
IN-HOUSE COUNSEL SUMMIT PART 1 (INVITATION ONLY)
The In-House Counsel Summit is an exclusive opportunity for select in-house attorneys to expand their professional development and focus on taking their careers to the next level. The summit will be comprised of small working groups and panel discussions on key issues facing in-house counsel. Participants will also be set up with 30 minute sessions with top-tier recruiters, to review resumes and identify the strongest professional skills.
IHCS is by invitation only and participants will receive a detailed agenda of the summit upon check in at the Global TEC Forum.
Any questions regarding the In-House Counsel Summit can be addressed to events@mcca.com.
3:45 pm – 5:00 pm
HOW TO GET SUED UNDER THE COMPUTER FRAUD AND ABUSE ACT (CFAA): SPOTTING TRENDS IN 30 YEARS OF CFAA DATA
Location: Grand Ballroom A
The Computer Fraud and Abuse Act of 1986 (CFAA) is the primary piece of U.S. federal legislation on cybercrime. It’s 30 years old and almost universally considered unclear, overbroad, and a poor fit for the kind of crimes it aims to deter. This is a real problem for attorneys and information security professionals as they often struggle to interpret the law, and practical guidance on CFAA legal risk can be difficult to find. This panel has conducted original research in this field over the last 18 months. There are hundreds of hours of original research under pinning this detailed presentation, which will discuss: what CFAA enforcement looks like in practice; statistics regarding CFAA risk and “hacking”; and the likelihood of a given CFAA action being a criminal prosecution rather than a civil suit. Inferences drawn from these findings are relevant to infosec practitioners and lawyers alike as they think about CFAA risk issues. Attend this session to explore these statistics.
Panelists:
Cara Marie – Senior Security Consultant, NCC Group
Gabe Holloway – Partner, Stinson Leonard Street LLP
Jeremy Sosna – Counsel, Valspar Corporation
Laurie M. Glapa – Associate, Stinson Leonard Street LLP
3:45 pm – 5:00 pm
PREPARING FOR A RANSOMWARE ATTACK
Location: Grand Ballroom B
In 2016, hackers attacked about half of all U.S. companies with some type of ransomware. Not only are the attacks on the rise, but every week new ransomware variants appear in the internet ecosystem.
Ransomware attacks can pose an immediate threat to a company’s business, with the potential to shut down operations if effective safeguards and response protocols are not in place. While the technological aspects of data protection may be left to IT departments, the GC will likely be called upon to author data protection and ransomware response policies and procedures, and to ensure that the appropriate ransomware coverages are included in the company’s insurance policies.
The panel will provide information on variants of ransomware, the scope of the threat to your business, the steps each company should take to prevent ransomware attacks, and how to respond should one occur. The panel will also review the coverages consideration in cyber insurance policies.
Panelists:
Aravind Swaminathan – Partner, Orrick, Herrington & Sutcliffe, LLP
Darren S. Teshima – Partner, Orrick, Herrington & Sutcliffe, LLP
Monica Patel – Senior Regional Counsel, IBM Corporation
5:15 pm – 6:30 pm
NETWORKING RECEPTION
Location: Grand Ballroom Foyer
Join MCCA for a cocktail reception hosted by our Rainmakers.
Day 2 — TUESDAY, JUNE 20, 2017
7:30 AM – 9:00 AM
REGISTRATION AND BREAKFAST
Location: Marina & Grand Ballroom Foyer
9:00 AM – 10:15 AM
INTERNET OF THINGS (IOT): LEGAL AND PRIVACY ISSUES
Location: Grand Ballroom A
The latest example of how the law is struggling to keep up with technology is seen by the growth of internet of things (IoT) technology which enables multiple devices to communicate with each other over the Internet. This CLE will explore the push and pull between data collection and privacy law and the key issues a lawyer should keep in mind while advising a client in relation to IoT products. What data privacy issues and privacy laws that are implicated by IoT devices such as autonomous vehicles, and IoT devices used in homes, and fitness trackers? What are the data security issues raised by the IoT devices and licensing terms in commercial agreements that may be necessary to allocate risk between licensor and licensee of IoT technology? The panel will also provide an analysis of how the the General Data Protection Regulation, an EU law coming into effect May 2018, will deal with IoT data collection and the impact of the GDPR on US businesses.
Panelists:
Smita Rajmohan – Associate, Kirkland & Ellis LLP
Maulik Shah – Counsel, Adobe Systems Incorporated
Shannon Yavorsky – Partner, Venable LLP
9:00 AM – 10:15 AM
MANAGING YOUR GLOBAL ANTITRUST RISK (AND REWARDS)
Location: Grand Ballroom B
Antitrust and competition laws are actively enforced in more than 120 countries. What could be a common sales practice in one country could lead to criminal and civil exposure in another. In 2015 alone, the US Department of Justice collected a record $3.8 billion in criminal price-fixing fines. On the flip side, companies have also been taking increasing advantage of their private enforcement rights under US antitrust and international competition laws. It is more important than ever to understand the criminal and civil risks (and potential rewards) that your companies and executives face around the world.
Panelists:
Belinda Lee – Partner, Latham & Watkins LLP
Manish Kumar – Assistant Chief, San Francisco Field Office, US Department of Justice – Antitrust Division
Richard J. Wallis – Vice President & Deputy General Counsel, Microsoft
Steve Williams – Partner, Cotchett Pitre & McCarthy LLP
9:00 am – 11:45 am
IN-HOUSE COUNSEL SUMMIT PART 2 (INVITATION ONLY)
A continuation of the In-House Counsel Summit. Participants should refer to their agenda distributed at registration for session details.
9:00 am – 5:00 pm
C-SUITE LEADERSHIP INSTITUTE PART 2 (APPROVAL NEEDED)
A continuation of the C-Suite Leadership Institute. Approved participants should refer to the program guide given at registration for session details.
10:30 am – 11:45 am
AI: ARTIFICIAL INTEGRITY
Location: Grand Ballroom A
The advancement of artificial intelligence (AI) has the ability to completely transform how lawyers practice law. This is the first ethics CLE course of its kind that addresses how an attorney can ethically (and effectively) use Artificial Intelligence in their legal practice.
Lawyers using AI as a component of their legal practice are not relieved of ethical duties and obligations. Ethical duties and obligations continue to govern lawyers regardless of the technology utilized. Recognizing abnormalities, spotting mistakes, and analyzing shortcomings reside with the lawyer, and cannot be outsourced to AI, no matter how advanced technology may become. With the new technology, questions exist as to what ethical issues may be impacted or morph into new nuances of ethical consideration.
Panelists:
Andrew Arruda – Chief Executive Officer and Co-Founder, ROSS Intelligence
Ashley Kutz Kelley – Partner, Womble Carlyle Sandridge & Rice, LLP
Ericka Johnson – Of Counsel, Womble Carlyle Sandridge & Rice, LLP
12:00 pm – 2:00 pm
LUNCHEON PLENARY – GET READY FOR THE BLOCKCHAIN!
Location: Grand Ballroom C
There has been a lot written in the press about “distributed ledger technologies”, and in particular, the “blockchain” protocol. However, it is clear that there many misconceptions. Blockchain promises to be a crucial part of the way we conduct commerce across all industries in the future. In fact, it is highly likely that lawyers will be spending a fair amount of time in the foreseeable future trying to apply existing legal and regulatory structures to blockchain protocol implementations, and will also be involved in creating new laws and regulatory structures as necessary to accommodate the use of systems based on blockchain. As such, It is important that lawyers understand this technology at some level, and understand the issues it presents. The presentation will include a general description discuss of the anticipated benefits of the blockchain protocol; a 50,000 foot overview of how the protocol works, and a review — across industry — of some of the leading initiatives associated with the blockchain; and a review of the many legal issues presented by the potential widespread adoption of the protocol as a basis for doing business in the future.
Panelists:
Jeffrey D. Neuburger – Partner, Proskauer Rose LLP
Wai Choy – Associate, Proskauer Rose LLP
2:15 pm – 3:30 pm
THE CHANGING FACE OF ACCESS CONTROL: ADDRESSING BIOMETRIC PRIVACY
Location: Grand Ballroom A
Today, Biometrics is used by most smartphone owners. Whether its simply unlocking your phone or gaining access to an application, unique human characteristics are being used more frequently to control access to private information. A wide array of industries are currently testing or using biometric and facial recognition technology for various functions, such as e-commerce transaction verification, user authentication, videogames, photo tagging functions in social media, data and premises security, athletic performance, as well as for many security and marketing functions in the retail sector. So how does the law come into play? This CLE will discuss: Current applications for biometrics and facial recognition; Biometric privacy regulation and litigation; Federal and State statutes (and pending bills) that cover biometric privacy; and Legal and business issues to consider before employing biometric applications.
Panelists:
Paresh Trivedi – Senior Counsel, Proskauer Rose LLP
Wai Choy – Associate, Proskauer Rose LLP
2:15 pm – 5:00 pm
IN-HOUSE COUNSEL SUMMIT PART 3 (INVITATION ONLY)
A continuation of the In-House Counsel Summit. Participants should refer to their agenda distributed at registration for session details.
3:45 pm – 5:00 pm
WHAT A FINE MESS: AVOIDING THE PRIVACY AND CYBERSECURITY REGULATORS’ CROSSHAIRS
Location: Grand Ballroom A
Data breaches and the improper collection, use, notice, and sharing of personal information have given rise to a new wave of regulatory activity. The FTC, HHS, SEC, CFPB, FINRA, state Attorneys General, and foreign Data Protection Authorities have all levied heavy penalties against companies for violating privacy and data security laws. The panel will explain this “alphabet soup” of regulators and the scope of each one. The focus will then shift to recent regulatory enforcement actions, with an eye towards identifying the specific activity that attracts regulatory attention. The panelists will then provide practical ways to minimize the risk of a regulatory enforcement action, along with advice on what to do when one is initiated.
Panelists:
Alfred J. Saikali – Partner, Shook, Hardy & Bacon L.L.P.
Camila Tobon – Director of International Privacy Task Force, Of Counsel, Shook, Hardy & Bacon L.L.P.
Neil Wilcox – Senior Vice President & Associate General Counsel, First Data Corporation
5:00 PM – 6:30 PM
CLOSING RECEPTION
Location: Grand Ballroom Foyer
EVENT SPEAKERS
ALFRED J. SAIKALI
Partner,
Shook, Hardy & Bacon L.L.P.
ANDREW ARRUDA
Chief Executive Officer and Co-Founder,
ROSS Intelligence
ARAVIND SWAMINATHAN
Partner,
Orrick, Herrington & Sutcliffe, LLP
ASHLEY KUTZ KELLEY
Partner,
Womble Carlyle Sandridge & Rice, LLP
BELINDA LEE
Partner,
Latham & Watkins LLP
CAMILA TOBON
Director of International Privacy Task Force, Of Counsel,
Shook, Hardy & Bacon L.L.P.
CARA MARIE
Senior Security Consultant,
NCC Group
CAROLEE HOOVER
Partner,
McGuireWoods, LLP
DARREN S. TESHIMA
Partner,
Orrick, Herrington & Sutcliffe, LLP
DEANNA KWONG
IP Litigation Counsel,
Hewlett-Packard Enterprise Company
ERICKA JOHNSON
Of Counsel,
Womble Carlyle Sandridge & Rice, LLP
FRANKLIN KANG
Partner,
McGuireWoods, LLP
GABE HOLLOWAY
Partner,
Stinson Leonard Street LLP
IRENE YANG
Counsel,
Sidley Austin LLP
JAMES LEE
Partner,
LTL Attorneys LLP
JEFFREY D. NEUBURGER
Partner,
Proskauer Rose LLP
JEREMY SOSNA
Counsel,
Valspar Corporation
JILL BRONFMAN
Program Director of the Privacy and Technology Project / Adjunct Professor,
The Institute for Innovation Law / UC Hastings College of Law
JUDY ESTES
Senior Vice President, Assistant General Counsel,
Mastercard Incorporated
LAURIE M. GLAPA
Associate,
Stinson Leonard Street LLP
MANISH KUMAR
Assistant Chief San Francisco Field Office,
US Department of Justice – Antitrust Division
MATTHEW AHN
Senior Corporate Counsel,
Oracle Corporation
MAULIK SHAH
Counsel,
Adobe Systems Incorporated
MERRIANN M. PANARELLA
Arbitrator/Mediator/Consultant,
Panarella Dispute Resolution Services
MONICA PATEL
Senior Regional Counsel,
IBM Corporation
NEIL CURRIE
Vice President,
American Arbitration Association
NEIL SAHOTA
Worldwide Head of Business Development,
IBM Watson Group
NEIL WILCOX
Senior Vice President & Associate General Counsel,
First Data Corporation
PARESH TRIVEDI
Senior Counsel,
Proskauer Rose LLP
PETER H. KANG
Partner,
Sidley Austin LLP
REGINALD A. HOLMES
President,
The Holmes Law Firm, APC
RICHARD J. WALLIS
Vice President & Deputy General Counsel,
Microsoft
SANDRA A. JESKIE
Partner,
Duane Morris LLP
SHANNON YAVORSKY
Partner,
Venable LLP
SHIRISH GUPTA
Mediator & Arbitrator,
JAMS
SIDNEY KANAZAWA
Partner,
McGuireWoods, LLP
SMITA RAJMOHAN
Associate,
Kirkland & Ellis LLP
STEVE WILLIAMS
Partner,
Cotchett Pitre & McCarthy LLP
WAI CHOY
Associate,
Proskauer Rose LLP
Registration & Fees
PAYMENT MESSAGE:
All Major Credit Cards are accepted.
MCCA Firm Affiliate Network (FAN) and Corporate Members: Please note as part of your membership benefits you may be entitled to complimentary registrations and the Member rate for conference registration. Members must enter their Member Validation Code and select Apply on the payment page to receive the Member registration rate. To learn more contact membership@mcca.com.
SPECIAL REQUIREMENTS:
Please advise the Global TEC Forum team if you have any special needs for facilities, visual aids or dietary requirements at events@mcca.com.
CANCELLATIONS & SUBSTITUTIONS:
All cancellations must be received in writing; telephone cancellations will not be accepted. Cancellations received in writing before May 18, 2017 will be fully refunded minus a $65.00 administrative fee. Individuals canceling in writing after May 18 but prior to June 14 will receive a full credit towards attendance to MCCA’s 2018 Global TEC Forum (only monies paid for the 2017 Global TEC Forum will be credited; after applying credit, any balance due is the responsibility of the registrant). If written confirmation of cancellation is not received by June 14, no refunds or credits will be issued of any kind. Credits will be processed after the conference. An organization may substitute one paid participant for another. Cancellations and requests for substitutions should be submitted to events@mcca.com.
FINANCIAL HARDSHIP POLICY:
MCCA, at its discretion, may reduce or waive the conference fee for any attorney, member or non-member, who wishes to attend the conference, but for whom the cost would be a financial hardship. Requests for tuition waiver will not be accepted on-site. Requests for tuition waiver, along with an explanation of hardship, must be received in writing at least 28 business days prior to the program. To receive detailed instructions or to submit a request for a fee reduction or waiver e-mail education@mcca.com.
Stuart Alderoty
General Counsel,
Ripple
—
Stuart Alderoty is General Counsel at Ripple. Stuart brings more than 30 years of legal experience to the role with expertise in financial services and regulatory affairs. He’s been General Counsel and part of the executive leadership teams at CIT Group and HSBC North America Holdings. Stuart also was Managing Counsel at American Express where he served on the leadership team of the President and CEO of American Express’ Consumer Card Business. Stuart began his career in private practice and was a partner with the international law firm of LeBouef, Lamb, Greene and MacRae where he specialized in litigation.
Anand Agneshwar
Partner,
Arnold & Porter Kaye Scholer LLP
—
“Rainmaker is not a label I particularly like. It sounds like you’re out for the next big catch,” says Anand Agneswhar, a litigation partner in Arnold & Porter Kaye Scholer’s New York office who co-chairs the firm’s product liability practice group and heads its diversity committee. “To me that isn’t what being a successful lawyer who generates business is all about. I’m concerned about a client’s business and wellbeing. And that in turn hopefully has a ripple effect and brings in more business.”
Agneshwar, a musician whose first dream was to play guitar in a rock band, now represents pharmaceutical and consumer product companies in productliability and related litigation. “On the upside when you bring in business you gain a voice in a firm,” he says. “But then the buck stops with you if something goes wrong with the case. You have to put together a great team, manage externally and internally, and make sure you’re doing well for the firm while giving your client the best service you possibly can.”
“Bringing in a matter is just the first step,” he adds. “Constantly you have to be doing the best for the client and looking ahead. A new client is not just your next assignment. It’s a continuation of doing the very best.”
Part of what Agneshwar likes best about rainmaking is building a team and showcasing junior lawyers. “Recently we had a strategy meeting with a client where only associates presented. You get to think and partner creatively. It’s a luxury and responsibility.”
Amy L. Baird
Partner,
Jackson Walker
—
Early in her career, Baird was an in-house lawyer at a major interstate natural gas pipeline. “They really wanted the new lawyers to understand the energy business. So part of our job was to learn about the business, like pipeline operations and marketing and regulatory issues, from the senior business executives,” she says. “It’s much harder to learn the business if you start out as an outsider lawyer. I was fortunate to have had this invaluable experience before going to a firm.”
Baird is an energy lawyer. As a partner at Jackson Walker, her practice includes energy contracts and litigation, and project development—everything in the midstream sector of the oil and gas business, meaning the part of the industry, “from the wellhead to point where retail sales begin.”
The most challenging and interesting aspects of Baird’s practice are one in the same: keeping up with the industry. “The energy industry is always evolving. Prices for gas, oil and liquids are cyclical, meaning different opportunities and problems arise for clients as a result. And the industry changes enormously in response to changes in the regulatory structure. It can be a lot of work, but the evolution of the energy business is part of what makes it interesting—it would be so dull to do the same thing over and over again.”
Baird earned her BA and JD from the University of Alabama and the University of Alabama Law School, respectively, in her hometown of Tuscaloosa. She grew up just four blocks from the University’s stadium and is a passionate Alabama Crimson Tide football fan.
Rainmaking isn’t easy, she says. “You spend a lot of time keeping in touch with current clients to find out what their needs are, and looking for new clients. It’s important to maintain contact with current and potential future clients about their legal needs. You don’t necessarily have to keep a spreadsheet like some of my more organized colleagues do to track their client contacts, but it’s always important to anticipate clients’ needs and make yourself and your firm helpful to them. You can’t become complacent.”
Mark Brennan
Partner,
Hogan Lovells US LLP
—
“I focus on becoming a trusted advisor for clients, building relationships, and being able to spot and create opportunities,” says Mark W. Brennan, a partner in Hogan Lovells’ Washington, D.C. office. His practice involves cutting-edge communications and privacy issues. Some of his clients include leading tech and e-commerce companies, “Internet of Things” pioneers, and global healthcare, financial and transportation clients.
Brennan’s formula for rainmaking success is to be proactive, patient and persistent. He advises seeking out opportunities to develop strong relationships wherever you can and being prepared to keep pursuing new work even if you hit speed bumps. “Don’t overlook the persistence element,” Brennan said. “Know how you can add value, and convey your strengths clearly to clients and colleagues. And if a particular approach doesn’t work, figure out why and adapt for the next opportunity.”
In rainmaking, it’s also important to be yourself,” says Brennan, an out LGBT partner. “Sometimes, especially early on, you may feel like you need to follow a specific model that you have seen other successful rainmakers use. Of course, if you do that, you’re not really distinguishing yourself. By relying instead on your own authentic voice and style—one that comes naturally, you can spend more time and energy focusing on the client’s objectives.”
A native of Ocala, Florida, Brennan was the first in his immediate family to get a college degree. “My parents stressed the importance of a good education and encouraged me to pursue a professional career. I’ve been fortunate enough to have strong support from family and friends along the way.”
Carolyn Fairless
Managing Partner,
Wheeler Trigg O’Donnell
—
Carolyn Fairless first realized she was a rainmaker when her phone started to ring. “Clients were calling me directly. They expected me to be the lead lawyer,” she says. “It’s a huge compliment to have clients choose me, particularly in my work, which mostly involves representing other lawyers and other firms. They understand what it means to provide high quality legal services because they do the same themselves.”
Fairless is the managing partner of Wheeler Trigg O’Donnell, a national civil litigation firm based in Denver. Her practice focuses on complex commercial litigation, professional liability defense and insurance disputes. “My clients trust me with their most important matters, and it’s important that I never lose sight of that. They put their confidence in me and I don’t want to disappoint them.”
As a woman in the legal profession, there have been challenges, says Fairless. “If you have a title as a woman lawyer, people sometimes question whether you’ve earned it or got the title just because you’re a woman. The great thing about having my own clients is that I know I’ve earned it, and that they don’t care about gender. They hire me because they want the best lawyer and the best outcome.”
Prior to law school, Fairless worked as a computer programmer in her native Louisiana. “I loved the problem solving but hated the solitude,” she recalls. At the same time her brother was applying to law school and suggested she follow his lead. “We didn’t have any lawyers in the family and I didn’t know any lawyers, but nonetheless I took his advice and earned my JD at the University of Colorado Law School; it changed my life.
“I view my practice as doing the best I can do for clients. The consequence is often getting additional work. I never set out to be a rainmaker. That simply developed over time as I worked hard for my clients. I’m fortunate that I’ve been able to do work I’m passionate about for clients I care about, and the business just followed.”
Arturo J. González
Partner,
Morrison & Foerster, LLP
—
“Once I get in the room with a client, I almost always get the work,” says Arturo J. González, a leading trial lawyer with Morrison & Foerster in San Francisco. “I suspect it has to do with my confidence and presentation skills. I can comfortably converse with a CEO of a large corporation, or with a truck driver. I do a lot of research before a presentation, including the company, matter, opposing counsel, judge and the community where the case is pending. I’ve never faced a question from a client that I didn’t think about before the meeting.”
A longtime rainmaker, González enjoys training his team to do the work. At the same time, he’s very hands on. “I pride myself on knowing the facts better than anyone in the courtroom when the case goes to trial. I delegate, yet I read every deposition transcript.” González grew up in Roseville, California, a small railroad town near Sacramento. His father worked as a laborer for Southern Pacific. When he first met his counselor at the University of California at Davis, González made his higher education and career plans (which he later realized) clear—he intended to go to Harvard Law School and become a trial lawyer. “My counselor chuckled. In 1978, there weren’t a lot of Latino lawyers,” González says. “My counselor’s goal was more modest—to keep me in school through the semester.”
Today, González feels less pressured to bring in the next big case than to keep the firm practicing at an elite level. “Bringing in a big case is not enough. The generation that was here when I started is retiring. I need to make sure our troops are well trained and that we bring our ‘A’ game every time, without exception.”
Sang Kim
Global Board US Executive Committee
Northern California Managing Partner,
Chair – US Tax Practice,
DLA Piper LLP
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Good lawyers don’t necessarily make rain. “I see it all the time,” says Sang Kim, DLA Piper’s managing partner of Northern California which includes Silicon Valley, San Francisco and Sacramento. “Business and client development requires some skills and talent but there’s a huge market component and luck involved too. For me it was coming to Silicon Valley and the Bay Area. I am not sure that I would’ve had a material practice by my mid-30s anywhere else. I probably would have been more likely to make partner by serving firm clients.”
Born in Korea, Kim was eight when his family relocated to the United States where like many Korean immigrants, they settled in Queens, New York. “My father was a doctor but actually discouraged me from pursuing medicine. Frankly, I didn’t object either. I thought becoming a lawyer was sufficiently interesting and I took that proverbial leap of faith which I suppose is what most people do when they decide to go to law school.”
“For most people but perhaps more so for an immigrant minority attorney, clients don’t fall into your lap,” says Kim. “You hope for equal access and opportunity and equal treatment for equal performance. I think it’s important to figure out systems and every industry and organization has one. It became very obvious to me early on that lawyers who led client relationships had leverage and influence, but I wasn’t sure how to get there.”
Four years into his practice Kim had an epiphany: “If I take people out to lunch, the firm actually pays for it. For a young lawyer still paying off significant student loans, that was a win-win moment! So I began scheduling lunches with clients and contacts virtually every day of the week. I got to know more about them and their work. It was an immensely valuable opportunity to gather market intelligence and learn. I found myself asking lots of questions and never went to those lunches with a predetermined agenda to sell something.”
“People know what you do and eventually they began calling and asking for help on matters. Clients want to work with folks they are comfortable with and trust. So those lunches turned out to be very effective in laying the groundwork for future business development. It’s something I do to this day and encourage others to do so actively.”
Samuel S. Park
Partner,
Winston and Strawn
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“I’ve thought of other lawyers as rainmakers, but never myself,” says Sam Park, a litigation partner in Winston & Strawn’s Chicago office. “Generating business is a large component of our practice. But for me, it’s more about establishing good relationships with clients than going after the next job.”
Park landed his first client when his co-counsel on a case he had worked on as an associate went in-house. “I was pleasantly surprised when I got the call from him,” Park recalls. “It happened without my going out and doing pitches, because he was impressed with my work. And I already considered the client a friend, which made it all the better. My first experience of feeling directly responsible for a client and being connected to their business gave me a taste for what I wanted to do. It was exciting.”
He began his career as a general litigator, but over the years his practice became more specialized. Park now focuses almost exclusively on patent cases, and particularly those in which a pharmaceutical company is seeking to design around or invalidate a patent that covers a branded drug so the company can come out with a generic or biosimilar version. Like many patent attorneys, Park has a background in science.
The son of chemists, Park thought he’d follow in his parents’ footsteps. He received an undergraduate degree in biological sciences from the University of Chicago and spent a year working at a hospital with children with developmental disorders, but instead opted to enter the legal profession.
“You can’t control some of the factors that cause business to go up and down,” says Park, “but you can establish good relationships with clients and consistently give them great results. Without great results, they won’t keep coming back.”
Luis Salazar
Managing Partner and Founder,
Salazar Law
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It didn’t take Luis Salazar long to set his sights on rainmaking. “Growing up in New York I helped in the family dry cleaners business. It was heavy customer contact twelve hours a day and dollars came in for good service. Early on, I had a sense of that exchange. At my first firm they gave origination bonuses. That definitely motivated me and it was something I understood.”
Salazar Law is a Miami-based commercial law boutique serving clients and business people in four areas: commercial litigation, commercial transactions, compliance and cyber security and financial restructuring. “We’re just ten team members and we’re small on purpose,” says Salazar, a former senior partner at a big law firm. “Having my own firm has given me more running room. I like developing clients in a conflict free environment. We eliminate those with a boutique.”
And the firm is purposely disruptive in its approach to the practice of law, he says. Salazar embraces alternative billing methods, diversity and technology. “We’re one of first firms of our size to contract and harness an AI legal research service. We’re forward thinking in meeting the demand in the market. We can support in-house counsel and in crisis and go against big law and be successful. We pack a punch for our size.”
Name partner responsibility rests heavily on Salazar’s shoulders, but he insists Salazar Law is a group effort. “It’s up to everyone on our team to deliver for the client and make them want to stay here. We’re transparent in financials and process here. We’re successful because we keep everyone involved.”
Christina Guerola Sarchio
Partner,
Orrick
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As a young associate, Christina Guerola Sarchio developed a relationship with a Fortune® 10 client through her network at the Hispanic National Bar Association. They began referring her small matters. Pleased with her work, they sent increasingly larger matters. Unfortunately, there was a senior partner who’d done some work years before and lost a big case, and the firm hadn’t been hired for truly impactful cases since. The senior partner also erected barriers to Sarchio’s bridge-building efforts with the client. To Sarchio’s surprise, the client intimated that if she were to leave the firm, they would follow.
“That was a ‘light bulb’ moment for me. I had some power,” she says. “So I left the firm and took the client with me. They’ve been a loyal client now for ten years.”
Now a litigation partner at Orrick’s Washington, D.C. office, Sarchio handles complex business disputes (many of which go to trial) ranging from breach of contract cases, to class action matters, to false advertising and sports law cases. She says, “Clients know I have extensive trial experience and a winning record. I can prep a case from the beginning as though we’re going to trial and send a message to the other side that we’re not afraid to try it. I get brought on for strong credentials.”
She never anticipated becoming a rainmaker when she was a senior associate and young partner. “I thought, I’m a Spanish girl from New York City. I didn’t go to the right prep schools, I don’t play golf. I’ll never generate business. I’ll just be a service partner,” she remembers. “But the fact is anyone can generate business so long as you’re in a position where you’re able to demonstrate your skills. People take notice. Put yourself out there, and don’t be deterred when you hit walls. I did it. You can do it.”
Anthony N. Upshaw
Partner,
McDermott Will & Emery
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Anthony “Tony” Upshaw was already a rainmaker as a fifth-year associate. “I’d become very involved in the ABA’s Young Lawyers Division, and wasn’t afraid to ask folks about business propositions. I asked them to trust me and send me work. And they did.” He credits his confidence to his five years of active duty as a commissioned officer in the U.S. Coast Guard before attending law school. “I was never a baby faced associate,” he adds. “That might have helped.”
“Generating business instantly gives you some gravitas in a firm. I was able to work on partners’ litigation and build my practice. Also, there was suddenly a group of people who were working on clients that I brought in, and I was responsible for feeding them. A certain sense of responsibility definitely goes with that.”
Today, Upshaw is the partner-in-charge of litigation in McDermott’s Miami office. He focuses on defending clients in class action, mass tort, product liability and complex civil litigation. Over the course of his career, he has tried over 30 significant civil jury trials to verdict.
Though he has never obtained business on a golf course, Upshaw considers his methods of generating business very old school: “Personal contact works even in today’s world of electronic interaction. Young and “senior” in-house lawyers appreciate getting to know me personally. Grabbing coffee, having lunch, meeting in person—these same basic tools that I can use in my personal life to connect with people also translate to success in my professional life.”