Tuesday, July 22, 2014
The Legal's General Counsel Breakfast
Sunday, May 25, 2014
The Legal's General Counsel Breakfast
Thursday, May 22, 2014
Update on Philadelphia Conflict Counsel RFP
Tuesday, May 20, 2014
City Still on Track to Hire Conflict Counsel
Sunday, May 4, 2014
Update on Philadelphia Conflict Counsel RFP
Saturday, August 31, 2013
Saturday, July 20, 2013
In-House Counsel Say They're Seeing Litigation Increase
Wednesday, June 5, 2013
City Still on Track to Hire Conflict Counsel
Tuesday, May 7, 2013
City Extends Deadline on RFP for New Conflict Counsel Model
Tuesday, April 30, 2013
The Legal's General Counsel Breakfast
Tuesday, February 26, 2013
President Lincoln's Lessons for General Counsel
President Abraham Lincoln Photo: Alexander Gardner, Nov. 8 1863, via Wikimedia Commons
The smart money predicts that the film Lincoln will sweep the Oscars. Where Hollywood goes, so will go the nation. Here are six lessons general counsel can learn from the 16th president.
No. 1: Mission over ego. Necessity, not vanity, drove Lincoln's decision-making during the Civil War. Check out this dramatic passage from David Von Drehle's book, Rise to Greatness: Abraham Lincoln and America's Most Perilous Year. General George B. McClellan commanded the Union's Army of the Potomac. He was young, arrogant and disrespectful to the president. Once, he even insulted Lincoln and an aide by leaving them, unacknowledged, in his living room, while striding past them to his upstairs bedroom for the night.
"The unpardonable arrogance of the epaulets," fumed the assistant. Lincoln quietly replied, "This is not the time to be making points of etiquette and personal dignity."
Simply put, Lincoln needed McClellan to organize an army that was, in Lincoln's view, "utterly demoralized." Von Drehle writes of Lincoln's shrewd assessment: "McClellan has the army with him … [and] we must use the tools we have; he excels in making others ready to fight."
Remember, when in doubt, dial back ego.
No. 2: Salvage if possible; fire when necessary. McClellan invaded Virginia in a brilliant amphibious landing, just like General Douglas MacArthur at Inchon, South Korea, but without any follow-up. McClellan implored Lincoln for unneeded reinforcements. While frustrated, Lincoln understood this: Firing someone is easy, but replacing him is harder.
Lincoln wrote to McClellan on April 9, 1862. Von Drehle quotes the letter: "It is the precise time to strike a blow. … I beg to assure you that I have never written you, or spoken to you, in greater kindness. But you must act." Von Drehle writes that this was Lincoln at his best, "combining force with sympathy."
It is a template of an effective memo to a subordinate or an outside firm: Question assumptions. Provide rationales. Explain the peril. Show empathy. End with direction. Once Lincoln had a more powerful political footing, he cashiered McClellan. But he tried.
No. 3: Acknowledge mistakes. Want the respect of subordinates? Seneca called loyalty, not obedience, "the holiest virtue in the human heart." Lincoln illuminates the way. And there is no better example than that laid out by the great historian James M. McPherson in Tried by War: Abraham Lincoln as Commander in Chief.
In July 1863, Lincoln was frustrated by Ulysses S. Grant's inability to conquer Vicksburg, a fortress of the Confederacy sitting atop the Mississippi, and openly questioned his strategy. Grant acted as his lights dictate and Vicksburg fell.
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Sunday, January 20, 2013
Bingham McCutchen Partner to Become SEC General Counsel
A Washington, D.C.-based Bingham McCutchen partner will succeed Mark Cahn as the Securities and Exchange Commission's general counsel, the agency announced on Monday.
Geoffrey Aronow, a Bingham partner since 2008 and the head of the Enforcement Division of the U.S. Commodity Futures Trading Commission from 1995 to 1999, will become the SEC's chief legal officer later this month. Cahn left the SEC last week. The agency said in December that the former Wilmer Cutler Pickering Hale and Dorr partner would return to the private sector.
Aronow said in a written statement that he is "truly honored to re-enter public service" at the SEC.
"It is humbling to lead a dedicated staff of so many talented and distinguished lawyers in the Office of the General Counsel, and I look forward to working with them closely as we provide the wisest advice possible to Chairman [Elisse] Walter, the other Commissioners, and agency staff," he said.
Walter said in a written statement that Aronow has "the ideal combination of practical knowledge, expertise, and common sense" for the job.
"Geoff is a faithful steward of the securities laws with a comprehensive understanding of law enforcement who shares our commitment to excellence and passion for investor protection," Walter said.
This article first appeared on The BLT: The Blog of Legal Times.
Monday, January 7, 2013
Criminal Practice: Defense Counsel Raise Questions About Indicting Grand Juries
Sunday, December 2, 2012
Skadden Snags SanDisk General Counsel
SanDisk general counsel James Brelsford will join Skadden, Arps, Slate, Meagher & Flom as of counsel in the intellectual property group in early February.
Working from Palo Alto, Brelsford will advise clients on IP transactions and litigation as well as on how to monetize their patents. Brelsford, who announced he was leaving SanDisk Corp. to return to private practice late last month, will be at the company until December 7. The company has begun to look for Brelsford's replacement, and in-house lawyer Pilar Garcia will serve as acting general counsel during the search, Brelsford said.
Brelsford said he was drawn to Skadden by its strong footings in both Silicon Valley and Asia, where he sees a growing awareness of the value of IP as an asset class. He spent about a third of his time in Asia while at SanDisk, and he expects to do the same at Skadden.
Brelsford's first experience with the firm came about a decade ago, when he co-counseled a case with Skadden lawyers while he was a partner in the technology transactions and M&A group at Jones Day. Skadden began serving as outside counsel for SanDisk in 2008 and now advises the company on M&A, corporate governance and IP litigation, Brelsford said.
Kenton King, partner in charge of Skadden's Palo Alto office, said he approached Brelsford about joining the firm many times over the years. When Brelsford decided to return to the law firm fold earlier this year, King jumped at the chance to add him to the IP group.
"Jim is a seasoned veteran with tremendous experience and skills in an area that is highly important to our clients," he said. "You can't walk into a boardroom in Silicon Valley these days without discussing IP monetization and strategy."
With back-to-back in-house posts under his belt, Brelsford said of counsel is an appropriate post for him as he returns to the law firm fold. He noted that he is interested in becoming a partner at Skadden, though he is not overly focused on his title.
"What really matters is what do you do when you get in," he said. "Everything else sorts itself out."
Thursday, November 22, 2012
Tesla's General Counsel Steps Down
Eric Whitaker, former general counsel at Tesla Motors Image: Jason Doiy/The Recorder
After two years as general counsel at Tesla Motors, Eric Whitaker has stepped down from his post at the electric carmaker.
Whitaker, who resigned earlier this month, said he cut outside legal spending by 70 percent, quadrupled the number of in-house attorneys and helped build the company's patent portfolio during his tenure.
"We wish him the best of luck with his next endeavor," Tesla communications manager Shanna Hendriks wrote in an email. She declined to comment on the search for Whitaker's successor.
"When I accepted the job at Tesla, it had a reputation of being a very difficult environment for lawyers," Whitaker said. "In the last two years, we have shown that lawyers can be effective and successful there."
Whitaker was Tesla's third general counsel in just more than three years. Former Yahoo general counsel Jonathan Sobel, who took the reins from Craig Harding in September 2009, resigned after several months. His departure left the company without a general counsel as it conducted its initial public offering in 2010.
Whitaker said he decided to leave Tesla before securing his next job so he would have ample time to weigh his options. He is in talks with several companies and has already received a job offer.
The company has had to confront various legal hurdles to grow. Certain states, for example, bar manufacturers from owning dealerships directly, Whitaker noted. In one of his last efforts on behalf of Tesla, Whitaker fought a lawsuit filed by the Massachusetts State Automobile Dealers Association to stop the company from operating a dealership in the state.
Whitaker said that he was "jubilant" when he learned Monday that the plaintiffs' request for a preliminary injunction had been denied earlier this month. Massachusetts State Automobile Dealers Association v. Tesla Motors, 01691B, was the first formal legal action taken against Tesla by a dealership, and Whitaker said he is now confident that the company will be able to fend off objections in other states.
"It is really critical for the company that it be able to implement its sales and distribution strategy as planned," he said.
Stradling Yocca Snags Sony Counsel for Silicon Beach Office
Stradling Yocca's Stephen Kong Stradling Yocca Carlson & Rauth has added Stephen Kong, former in-house counsel at Sony Computer Entertainment America LLC, as a shareholder in its Santa Monica, Calif., office.
Kong, who was senior corporate counsel at the Sony division, will focus on technology transactions and intellectual property licensing. While at Sony, he was lead attorney for the research and development and strategic business groups responsible for Sony PlayStation matters in North America and Latin America.
Stradling Yocca, with about 110 attorneys, is one of a number of firms boosting their presence in the so-called "Silicon Beach" region, where high-tech companies have expanded recently. Google Inc., Hulu LLC and Demand Media Inc. have offices in the Santa Monica area. A convergence of technology and entertainment is driving much of the growth, which includes expansion in Los Angeles.
Last month, LeClairRyan added five intellectual property and litigation lawyers to its Los Angeles office. In July, Cooley opened an office with four partners. Also in October, Thompson & Knight launched an L.A. practice. Other firms that have added attorneys in the area include Pepper Hamilton; Winston & Strawn; and Foley & Mansfield. Last year, Dallas litigation firm McKool Smith debuted an L.A. office.
"Stephen makes a terrific addition to our growing team in Santa Monica," Stradling Yocca director David Lafitte said in a press release.
Kong received his juris doctor degree from Emory University School of Law in 1995.
Wednesday, October 10, 2012
UC Irvine Plans Summer Training for In-House Counsel
Image: courtesy photo
Call it a summer boot camp for in-house counsel.
The University of California, Irvine School of Law plans to launch a Center for Corporate Law next summer, offering extensive training for attorneys in legal departments and those who hope to move in-house.
A handful of law schools already offer executive education for lawyers, most notably Harvard, Georgetown and Northwestern, but their corporate counsel programs tend to last just a few days.
By contrast, Irvine administrators plan an annual six-week slate of summer courses, broken into five-day modules. The six modules will cover management and business skills plus areas of law pertinent to in-house counsel, such as intellectual property. Lawyers can take as many modules as they like, but those who complete at least three of the modules within three years will earn a "corporate counsel" certificate, while experienced attorneys can obtain a "general counsel" certificate upon completing four modules within four years, according to administrators. The program is intended both for experienced corporate counsel and for those entering legal departments or hoping to move in-house.
"I think this will become one of the signature programs of the law school," dean Erwin Chemerinsky said.
The idea for the center emerged from the law school's business advisory council, which noted a lack of robust training opportunities for in-house counsel, Chemerinsky said. That role requires skills most lawyers don't learn at firms or in law school, he said, such as how to advise business clients regarding risk. "We also heard that there are different ethical issues that in-house counsel face."
The law school is in the final stages of raising the approximately $150,000 it needs to hire an executive director and get the center off the ground. Irvine intends to hire a director with in-house counsel experience and offer participants help in finding legal department jobs. The plans include establishing an alumni network. The center will produce research and practical guidance on matters relevant to corporate counsel.
Chemerinsky said the summer program likely would start off small and grow over time. The school plans to recruit students not only in Southern California, but also in China and Korea, where Irvine already has relationships with universities and business leaders. Thus far, local firms and general counsel have been enthusiastic about the idea, he said.
While executive education programs can be solid revenue generators for law schools, Chemerinsky said the new center likely would just break even at first. The curriculum and program costs are still being finalized.
The initial module would cover the basics of the in-house counsel role, including business structures, dealing with outside counsel and ethical issues. Subsequent modules will focus on finance, accounting and corporate governance; corporate strategy and innovation; managing risk; the global business environment; and legal department management. The modules would run from Wednesday through Sunday.
Thursday, October 4, 2012
UC Irvine Plans Summer Training for In-House Counsel
Image: courtesy photo
Call it a summer boot camp for in-house counsel.
The University of California, Irvine School of Law plans to launch a Center for Corporate Law next summer, offering extensive training for attorneys in legal departments and those who hope to move in-house.
A handful of law schools already offer executive education for lawyers, most notably Harvard, Georgetown and Northwestern, but their corporate counsel programs tend to last just a few days.
By contrast, Irvine administrators plan an annual six-week slate of summer courses, broken into five-day modules. The six modules will cover management and business skills plus areas of law pertinent to in-house counsel, such as intellectual property. Lawyers can take as many modules as they like, but those who complete at least three of the modules within three years will earn a "corporate counsel" certificate, while experienced attorneys can obtain a "general counsel" certificate upon completing four modules within four years, according to administrators. The program is intended both for experienced corporate counsel and for those entering legal departments or hoping to move in-house.
"I think this will become one of the signature programs of the law school," dean Erwin Chemerinsky said.
The idea for the center emerged from the law school's business advisory council, which noted a lack of robust training opportunities for in-house counsel, Chemerinsky said. That role requires skills most lawyers don't learn at firms or in law school, he said, such as how to advise business clients regarding risk. "We also heard that there are different ethical issues that in-house counsel face."
The law school is in the final stages of raising the approximately $150,000 it needs to hire an executive director and get the center off the ground. Irvine intends to hire a director with in-house counsel experience and offer participants help in finding legal department jobs. The plans include establishing an alumni network. The center will produce research and practical guidance on matters relevant to corporate counsel.
Chemerinsky said the summer program likely would start off small and grow over time. The school plans to recruit students not only in Southern California, but also in China and Korea, where Irvine already has relationships with universities and business leaders. Thus far, local firms and general counsel have been enthusiastic about the idea, he said.
While executive education programs can be solid revenue generators for law schools, Chemerinsky said the new center likely would just break even at first. The curriculum and program costs are still being finalized.
The initial module would cover the basics of the in-house counsel role, including business structures, dealing with outside counsel and ethical issues. Subsequent modules will focus on finance, accounting and corporate governance; corporate strategy and innovation; managing risk; the global business environment; and legal department management. The modules would run from Wednesday through Sunday.